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4699
76 ✓ ' � , 5' 's S G?,vt� __ lie i -Lb iN ._ TAf �- dao/ APPEALS BOARD MEMBERS Gerard.P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning o�OgUFFO(,� O� c� y< co Z � yam,,• �� BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 30, 1999 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Appl. No. 4699 - LISA JEROME 1000-70-5-6.2 STREET & LOCATION: 50000 Main Road and Jockey Creek Drive, Southold DATE OF PUBLIC HEARING: August 18, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is located on the southeast corner of Main Road and Jockey Creek Drive in Southold. According to a survey by Joseph Ingegno dated February 19, 1999, it has a total area of 20,264 sq. ft. with a 200 ft. frontage on Main Road and 90 feet on Jockey Creek Drive. The property is improved with a frame building used as a hardware store, and frame shed/garage. It is zoned B General Business. BASIS OF APPLICATION: Building Inspector's April 5, 1999 Notice of Disapproval denying an application to construct an addition to the principal building. The reasons for denial are as follows: (1) Under Article X, Section 100-102, the Bulk Schedule for the B District requires a minimum rear yard of thirty-five (35) feet. The proposed rear yard setback is indicated as twenty-six (26) feet. (2) Under Article X, Section 100-103A, structures shall be set back at least one - hundred (100) feet from the right-of-way. The proposed front yard setback from the Jockey Creek Drive right-of-way is ninety-five (95) feet. (3) Under Article X, Section 100-103C, the project shall be divided into separate structures so that no single structures shall have more than sixty (60) linear feet of frontage. The existing structure is 68.8 feet and the proposed addition is 25 feet. This is a total of 93.8 feet. RELIEF REQUESTED: Applicant requests a variance authorizing construction of the addition as proposed. Applicant's original proposal showed the front wall of the addition set back 5 feet from the front wall of the existing store, resulting in a minimum rear yard (east) setback of 26 feet. An amended plan submitted August 13, 1999 showed the front wall flush for its entire length and a minimum rear yard setsback of 31.7 feet. Both plans show a front yard setback from Jockey Creek Drive of 95 feet, and a building frontage on Main Road of 93.8 feet. Page 2 - Appl. No. 4699 1000-70-5-6.2 (Jerome) Southold Town Board of Appeals REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The proposed addition would extend the hardware store's Main Road frontage by 25 feet, from 68.6 feet to 93.8 feet, and would be 40 feet deep on the north side facing Jockey Creek Drive. Applicant states that this is the only reasonable and cost-effective way to achieve a needed expansion. (2) The rear of the existing building is 41.6 feet from the rear lot line at the closest point. Although the addition will be less deep than the existing building, the rear yard setback will be reduced to 26 feet at the closest point (under Applicant's original proposal) because the rear walls are not parallel to the lot line. The shape of the property is such that applicant requires a rear yard setback variance in order to build a reasonable addition to the store. (3) The Board concludes it is preferable to follow Applicant's original plan for setting the addition's front wall back approximately 5 feet from the line of the existing front wall, and at the September 30 hearing Applicant agreed to this. Grant of a rear yard setback variance authorizing 26 feet at the closest point to the easterly lot line will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the addition will not substantially change the nature of the building or its appearance in the neighborhood. (4) The requested variance authorizing a front yard setback from Jockey Creek Drive of 95 feet, rather than the required 100 feet, is not substantial. The resulting 5 - foot deviation from the requirement is very modest and for this reason will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (5) There are no factors present to suggest that grant of the variance relief set forth below will have an adverse effect or impact on physical or environmental condi- tions. The grant of this relief is the minimum action necessary and adequate to enable applicant to have the benefits of an expanded business structure while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. (6) Code section 100-103C, cited in the Building Inspector's Notice of Disapproval, reads in pertinent part as follows: "A project shall be divided into separate structures so that no single structure shall have more than sixty (60) linear feet of frontage on one (1) street." The Board's decision on Application No. 4708, dated July Page 3 - Appl. No. 4699 1000-70-5-6.2 (Jerome) Southold Town Board of Appeals 28, 1999, included the following resolution interpreting Code section 100-83C, which applies to the Limited Business zone and is worded identically to section 100-103C: "RESOLVED, that the Board interprets the meaning of section 100-830 to be that a structure shall have no more than sixty linear feet of frontage on one street, so that a structure with two street frontages satisfies section 100-83C if it measures no more than 60 linear feet on one of those frontages." This interpretation applies as well to section 100-103C. Therefore, the proposed building frontage of 40 feet facing Jockey Creek Drive satisfies section 100-103C and no variance is required for the proposed frontage of 93.8 feet on Main Road. RESOLUTION/ACTION_ On T otion by Member Collins, seconded by Member Homing, it was RESOLVED, to GRANT' the requested variances authorizing a rear yard setback of 26 feet at the closest point to the rear lot line and a front yard setback of 95 feet from Jockey Creek Drive, sub-ject to the CCNVDITION that, in accordance with Applicant's original proposal, the front wall of the addition shall be set back 5 feet, more or less, from the front wall of one existing store; and further RESOLVED, that pursuant to this Board's authority under section 267-b1 of New York Town Law, the Building Inspector's Notice of Disapproval dated April 5, 1999 is hereby reversed with respect to the proposed length of building frontage facing Main Road. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED by unanimous (5-0) vote of the Board. GERARD P. GOEHRINGER, 0 For Filing on or after 10/5/99 RECEIVED AND FILED BY THE SOUTHOLD TOWN aMM DATE x)rrn Towa Clerk, Town of Southold WN OF SOUTHOLD PROPERTY RECORD CARD OWNER I STREET _ sJ I VILLAGE I DIST. I COUNTY TAX MAP NO. LAND IMP. TOTAL DATE REMARKS: J-- 5300_ J73ad v -f PLS 7zl-oateSiaSe/ m �2 pq Ai 16Ae — 7o - s- �grgvVN OF SOUTHOO F` PERTY RECORD CARD. STREETT VILLAGE DISTRICT SUB. LOT �OWWN,ERR ,✓ FQj2MER QIWNER N yy E ACREAGE ..1` �:�t,)• �,; : ; . ':.� hU. e • , S�'� W �A ' L /�'�/�" � KC TYPE OF BUILDING leap /vf RES. SEAS. VL. FARM COMM - I IND. I CB. , MISC. LAND ono TOTAL DATE REMARKS Z _ iC ---- r —IMP. D `� S 2 Y 8 • 3oLc, za 71-Z A, 6r6a'��ia/73 4Fsr r 0 o GE o NORMAL— Acre BUS ING C DITIO BELOW ABOVE II Value Per Acre Value --- NEW Farm Tillable I Tillable 2— Tillable 3 Woodland _ Swampland - --- -- _ ---- 3' Brushland House Plot Total —� • �YL M. Bldg. Extension _ Extension Extension R� D _ �,� ��i J1 ___ 3� X __ /AL2 /tL Foundation Basement Ext. Walls Fire Place Porch �/U pSp Floors Interior Finish Heat Attic b LA �% (=• Porch Rooms lst Floor Breezewoy - — _ - Patio Rooms 2nd Floor Garage Driveway 0. B. ': LEGAI:NQTICE� `%. 'NOTICFe9PADI)I�TONAI, PUBLIC WRINGS,,_ : BOARD OPAPPEALS'' - '. �TH1lRSDAYr ='- - SEPTEMBER'23,1999 NQTICE•Is HEREBY GIVEN,. pursuant toSectiop 267 of the town. Lawand the Code of the Town of will he bead for public heatin[Is by -. bl, ff ilI ti<lii:n Ihll tL at lis tlVt- the SOUTHOLD TOW'\ BOARD - I " OF APPEALS at the Town f1.Jl, ' 53095 Main Road, Southold. NY i 11971, on TJJU.H$L),Jy_L'PIL' %1 h>, thau 45 fuut: (d) ri ; v ;Eod:w !hilt.?!1.-1MM) at the times noted r.14o9,i than Il.c ccdo limitation b[.. below (or as iron thereafter Is pus- _ , sibk)) Side of Private Right-uf 111) , 5:30 p m App! No. 4702 DM Road; l! ccndinEmf[bt..,.' (Privaic u and ' Madeline Abbott. North sad: of Sound Avenue•,' (COminiiiii6iin from July 22119991- 2,1$99X- A1aR 1u k. hl; Parcel \u,.Ib(A- This 1h1s is ).request [lir :1 LOI Waiver x: 1121 I^ under Nrlicle JI,, Slelimrl 110(L•26 for _ I substandard vacant lot referred to as;355 Pine :. [ iPlace, East _Marion j, Map of Gardiners Bay Estates; NY, U f Tax Malls as District 1011. Sec[:un 37, block 4, I.ut 14.'1 Ilk request i, baud nn an nppli.ation for a build. ing permit and the Building Dupartntent's February II, 1999 No ice ul Disapproval which states Ihat Lulx 14 rand 15'in District !(Nlf!, - Section 37: Block .1, have mused - under vitcle, it. Sec!ion 14024, due to common ownership at any Lillie sItice July 1, 1983. 1fie adjoin- ' wg lot I(kLO-37-4 14 is ingnnved with a d%elliug:md is referred to as i.', Pill.- FI !t., fast Marion, NY 5;4 p m, App,( . Nn .9739, I JOANNEAND WII UAM R1W Il4 This is iCrequest. fora Variance ' undm'Articlel!L Section 100sw31CA _ for the use and'location of an antes- sory`swimming'pool, constructed under Building PcnnV No. 18752, as 1105 Orchard Street. Orient; ParCLI N(K. I(k)(1-25.2.2(1.17 and 19. I.'1 his 1 uppeal iv bused upon the July 28. i v 1999=Notiea issucil by the Building P Depactmemt, disapproving - epph- ! cation, for' a�;,Certfrcate `of' occu. panty; for the folloWWg reasoiik'' j "Swimlging podLor tennis court I� . incidental to the rexrdcnhal use of , the premises and not operated for ' . gidn ... subject parcel docs not con- ; min a principal residential Ilse. Original permit lir pool (#1K182) ... duntial hal, these lots were xtpe- rared by ZBA in Anneal .-Nod ind have not upon the respector's )r a Vari- Section 1 s a lion o. ai edi 'IPI 10 ;:wain:t. L•z;,ria1•, 1!aaro is e.!r- rom . iu the rear ; era. ioo:al..1 ;at 1X6 Ii:n• Shorc Roac, Gr..cparl. NY, Panel No. JOKP-53-4.1 I. 5:50 u.m.'AN* No. 4"41 — L'llil5'l'S1.CIf�I;RJ,\II plicant's ru+ICQ for a \ mLile. is based union' star Aur.:,! i.,, 0;.) \olice to., Drsimpro,Y )mal :kniela XXIII, 4.cr!om IIA -239..%.!, for a propo>ld ioeaiion of 1 azeessory swimilIing pool iu! he TINS rd wIll' a h4back of Ic,. 111)1 1 !'1 I hon: Ell. lop (If Il:c blu!l or bank ofthe Lona Wand Sound. I ocaliuu of Properly- ^'xi Suundview .%%cliu... Ylau^alk, NY: Pam'el \u. ILL•(! -!i -l. ..5:55 p.m. Appl:'.\o. 4742 -Sl - '::f11U\SS(2S. Applicun: rey.raa, a Special ISzccpuon Leede) A, 1ML III ' Stcl sou lfkl-Jlli(!al sur a1^prof;:! tri as built Accessory Alsi.I !em vu. in'cunjunctio:l w,rh ap, liar.:-' owr:er:, Occupancy ul' her residence loralvd a1 62.4(1 P.cnnic lie!% Ilnu:.var:.. !coli. NY; P�rc.1 No'. _4lRld-l2D 13. n a - 1 ' , loan I than bl, ff ilI ti<lii:n Ihll tL at lis tlVt- .tit t ,..,.m. (bj s .��,.. �!.I.. •p.1J w[mn al Us thin 40 ,Ilec ups:rice). at I.,, [lien 201 feel Oil nrle sid,. (c) le of I'.:crnea in l ilidem total =lJjlliiIQI�.;i&irs Linc le of \urlh Road h>, thau 45 fuut: (d) ri ; v ;Eod:w :;(.'1:\1:-1(!X1;74- r.14o9,i than Il.c ccdo limitation b[.. Buiidoig '35fe:.lacationuf Prupert%';NorElI No. 4745 \1 Side of Private Right-uf 111) , DisUisap- thxm Road; l! ccndinEmf[bt..,.' (Privaic u tsurcqucsl lura Article III -A, North sad: of Sound Avenue•,' "b,ned u'•on the A1aR 1u k. hl; Parcel \u,.Ib(A- 99.r 13uildm, 1121 I^ ihoc ul Urs:q Tho. ,Rodd of Appeals will at do'. o� 11".d'J 1elalrt }delle' Illlle �:Illd place heart ar•y and Whims Kieli lot all persons or repre%elaillh.i du of ihr N.W...,,.r., sire : to h. lieard,in she above hp - )pert): 303.1 trd,:�J aline, 1...•....,,,,...., r ... ,,.....,_... er than ciesientied RIcs;arc uvait- 1...']5. able for rmrew during',regulatiun fo f'474G ._ Toxu Kill business huurs (8.4 p.m.) :L.This Is a If Y0111 have tlueslinns, pleasu do not ndu Article hesitate In call (516).765-1809. ;ed ulrou the Dated: Septeinber 1G,1999'= Buiidoig Ji iARD E GOEHRINGL•R, of CHAIRMAN DisUisap- thxm SOUIJIOLDTOWN gry.5n�ildi:,., BOARD ol• APPEALS : at lees than 5305 Main Road of three (;) Southold, NY 11971 )city: 36050: , 1845-1T'S23. ... __ 1, Southoid; :.. 4-G. ation from No: 4695 - his is a re. Section -100.31C(2) based upon. the October 20, 1998 Notice of Disap- proval (updated January 27, 1999) regarding a building permit appli- cation to convert accessory barn for retail sales in conjunction with applicant's Art Studio and Gallery, disapproval for the reason that .retail sales anda gallery, for public viewing in the accessory building is not a permitted use. in .this A -C Zen& Location of Property:' 100 Sound Avenue, Mattituck, NY Parcel No. 10011-M341 ¢;g5 p4u..Appl, No. 4699'—LLU ZRF OMR (HARDWARE -70114 Variances are requested ender Article X, Section 10.102 to )tate a proposed addition with rear and front Yardsetbacksat less than [Le ' Code requirement and under article X, Section ..100-103C for a .uoritage, greater than Code limita- tion of sixty linear feet in this General `B" Business Zone District. This request is based upon. an application for a building permit and the Building Department's April 5,1999 Notice of Disapproval. Location of Property: Hart's 0-70-5-6.2 (cor- STATE OF NEW YORK) )SS: CO-WNTY OF SUFFO K) i"cz 0 1 f �i S of Mattituck, in said county, being duly sworn, says that he/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 regu- larly published in said Newspaper once each week' for weeks successively, commencing on the r-,1 �i � day of S��,tLM10019T-A ruTcipal Clerk " Iupma revisedBuildie ng nspector's Sworn to before me this September 8, 1999 Disapproval for ��•++ - day of JEN/ a proposed storage bam/biluding to be located on a vacant lot, without an existing principal use. Location of Property: 2905 Arbor Lane, / Mandruck, 'NY., Parcel. NO. 1000- 113-7.25, - -7 19 q17 MARY DIANA FOSTER NNO.552-4555242 SUFFOLKCOUNTYK COMMISSION EXPIRES AUGUST 31,2,W I JOCK- Y GREE K a RIVE aOO'50" t OQE AP • aEOF MEM•. F .n�l CO MON. Q 1 o 90.00. O TR U 3 y W o � � • / sao4 b ieo s 5 31.7'�� O C; by C) C rn x" a z y s 5 AREA = 20,264.24 sq. ft. (TO TIE LINE) 0.465 ac. CERTIFIED TO: LISA G. JEROME NOTES 1. SITE PLAN BY EAST END DRAFTING & DESIGN. 2. THIS PROPERTY IS IN ZONING USE DISTRICT B: GENERAL BUSINESS. FRONT YARD SETBACK: VARIABLE REAR YARD SETBACK: 35' SIDE YARD SETBACK: 25' (50' BOTH) LOT COVERAGE: 30% 3. PARKING REQUIREMENTS RETAIL PARKING = 1 SPACE PER 200 sq. fl. OF GROSS FLOOR AREA. RETAIL PARKING = 2,2003sq. ft. / 200 = 11 SPACES EMPLOYEE PARKING = 4 SPACES TOTAL REQUIRED SPACES = 15 „ TOTAL PROVIDED SPACES = 15 LOT COVERAGE DATA SITE PLAN AREA FOR HARTS HARDWARE EXISTING BUILDING SITUATED AT H. 11.74%. SOUTHOLD 576 sq. TOWN OF SOUTHOLD EXISTING SHED SUFFOLK COUNTY, NEW YORK ft. 0.49% S.C. TAX No. 1000-70-05-6.2 1,000 sq. SCALE 1"=20' TOTAL FEBRUARY 19, 1999 ft. 20.01% MARCH 25, 1999 ADDED PROPOSED ADDITION AUGUST 5, 1999 REVISED SITE PLAN AUGUST 13, 1999 REVISED SITE PLAN AREA = 20,264.24 sq. ft. (TO TIE LINE) 0.465 ac. CERTIFIED TO: LISA G. JEROME NOTES 1. SITE PLAN BY EAST END DRAFTING & DESIGN. 2. THIS PROPERTY IS IN ZONING USE DISTRICT B: GENERAL BUSINESS. FRONT YARD SETBACK: VARIABLE REAR YARD SETBACK: 35' SIDE YARD SETBACK: 25' (50' BOTH) LOT COVERAGE: 30% 3. PARKING REQUIREMENTS RETAIL PARKING = 1 SPACE PER 200 sq. fl. OF GROSS FLOOR AREA. RETAIL PARKING = 2,2003sq. ft. / 200 = 11 SPACES EMPLOYEE PARKING = 4 SPACES TOTAL REQUIRED SPACES = 15 „ TOTAL PROVIDED SPACES = 15 LOT COVERAGE DATA DESCRIPTION AREA % LOT COVERAGE EXISTING BUILDING 2,379 sq. H. 11.74%. EXISTING GARAGE 576 sq. ft. 2.84% EXISTING SHED 100 sq. ft. 0.49% PROPOSED ADDITION 1,000 sq. ft. 4.94%. TOTAL 4,055 sq. ft. 20.01% (EXISTING & PROPOSED) PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TIRE SURVEYS AS ESTABLISHED BY THE LEA.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCRTION. 5E0 LANOS `v oSEPN A /rya G9G F ` jYLYJ�u',gfl �° 9Tf,2� 4961;W Q�x ,n UNAUTHORIZED ALTERATION OR ADOMON TO THIS SURVEY IS A VIOLATION OF SECRON 2209 OF THE NEW YORK STATE EDUCATION LAW. CORES OF THIS SURVEY MW NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALIO TRUE COW. CERIIFlGTIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE MILE COMPANY, GOVERNMENTAL AGENCY AND LENDING WSTNTAN. USSED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSR— TUDON. CERTIFICATIONS ME NOT TRANSFERABLE. THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. Joseph A. Ingegnis Land Surveyor title Surveys — Subdivisions — Sits Plans — C,,mb-OlUs, Layout PHONE (516)727-2090 Fax (516)722-5093 DI ir% TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date: April 5, 1999 To: Lisa G. Jerome 50000 Main Road Southold, New York 11971 PLEASE TAKE NOTICE that your application dated March 25 , 1999 For permit to Construct an addition for an existing Building "Hardware Store" at Location of Property 50000 Main Road, Route 25 Southold, New York 11971 House No. Street Hamiet County Tax Map No. District 1000- Section 70 - Block 5 - Lot 6.2 Subdivision: Filed Map No. Is returned herewith and disapproved on the following grounds: Lot No. Under Article X,100-102. General Business (B) District. The bulk schedule for the (B) District requires a minimum rear yard of thirty five (35') feet. The proposed rear yard setback is indicated as twenty six (26') feet. Under Article X,100 -103.A. Front Yard Setbacks. Structures shall be setback at least one hundred (100') feet from the right-of-way. The proposed front yard setback from the Jockey Creek Drive right-of-way is ninety five (95') feet. Under Article X.100 -103.C. The project shall be divided into separate structures so that no single structure shall have more than sixty (60') linear feet of frontage. The existing structure is (68.8') and the proposed addition is twenty five (25) feet. This is a total of ninety three and eight tenths (93.8') feet. f 1 James RiAter,R.'�I:. Building Department ............................... .................................................... IWdet r Eimnined.................. 19.... FORM NO. TOWN OF SOUTHOLD; BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL: 765-1802 I)ARD OF HEALTH ......... ..... --SETS OF PLANS ............... SURVEY ........................ CHECK ......................... SEPTIC FORM ................... NOTIFY,r{�r-� CALL MAIL TO: .................... Approved .................. 19.... Permit No. ................ Disappruved a/c ft.Y.T A Q.� 2Y9g� Bf�(7filapra6rs /O/P9,J. ................................ (Building Inspector) APPLICATION FOR BUILDING PERMIT Date.................19.... INST'RUC'TIONS a. 'Uiis application must be caripletely filled in by typewriter or in ink ml submitted to the Building Inspector w 3 sets of plans, accurate plot plan to scale. Fee according to schechile. b. Plot plan sliming location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and,givirg a detailed description of layout of property mist be drawn on the diagram which is pert of this application. c. The work covered by this application may riot he camenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector wily, issue a Building Permit to the applicant. Such permit shall be,kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICN[ICN IS UEUM MADE to the Building Department for kite issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable laws, Ordinaruces or Regulations, for the construction of buildings, additions or alterations, or for reuroval or demolition, as herein described. Tice applicant agrees to carQly with all applicable laws, ordinances, Wilding code, housing code, and regulations,iand to admit authorized inspectors on premises and inbuildMe 'ece ona. ........................... (Signature of applicant, or name, if a corporatioi) ................................................... (Mailing address of applicant) State whether��applicant is owner, lessee, agent, architect, engineer,'general contractor, electrician, pludier or build( ............ ` ........ ....................................................................................... Nam of owner of premises .......7flh'%/2�i��-�........... tTt�oW.5................................. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. ........................................... I............. (Nam and title of corporate officer) Builders License No. Plurbers License No . ......................... Electricians License No . ..................... Other Trade's License No.. .................... I. location of land on w1dch proposed work will be clone............................................................... Blouse Nu her Street Hadeett County Tax Map No. 1000 Section ...7L)........ Block ..,5 .......... Lot. 7 `1....... Subdivision ...................................... Filed Map No. .........%..... Int ............... (Name) 2. State existing use and occupancy of premises and intended use /and _ occupancy of proposed construction: .._a. Fvdstirg use and occupancy ....... .Clir-, ppGUCBi^2:..c7TC/7'........................................ I'U e se and occupancy ....... trr ........................................... � r„ s,ea•we�p� ��� xumz©� s:niiu2 rtS±xt39Si5s:O - SRR 2 �atowna n Lr? N 5 c> �1er TOWN OF SOUT11OLD, EW ala APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.416 DATE/.......... TO T1 IE ZONING QOARD OF APPEALS, TOWN OF SOUTHOLD, N, Y, 1, (We) ...Harts Hardware .oF ..Main Road .. ............................ Narne of Appellant Street and [-lumber Southold ..................................... I............................ .... M .................... HEREBY APPEAL TO Municipality State TIME ZONING BOARD OF APPEALS FROM TI IE DECISION OF T1IE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ........................................ WHEREBY TIME BUILDING INSPECTOR DENIED TO Lisa Jerome ...... . ...... ......._............................... ........................... Nome of Applicant for permit of 5000 Main Road Southold NY .................................................................................................................................. Street and Number Municipality State ( D PERMIT TO USE ( ) PERMIT FOR OCCUPANCY I D 1. LOCATION OF THE PROPERTY ......At UAJtoad.......... Q333J�chggid....:......ku� neSs........................ Street Odalnlet / Use Dlstrlct' on Zoning Mop District 1000 Section 70 Block 5 Lot 6.2 Current Owner Lisa Jerome 1. .._..........._.................... »».. . »»............ Mop No. •Lot No. Prior Owner Leslie Hart 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub• section and Paragraph of ilia Zoning Ordinance by number. Do not ciliate the Ordinance.) !article X Section 100-102 ArtX 100-103 A and C 3. TYPE OF APPEAL Appeal Is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of access (State of New York Town Low Chap, 62 Cons, Laws Art. t6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( D request for a special permit (X) request for a variance and wa's made in Appeal No... 2272.....................Dated .... May...1977.........,........................... REASON FOR APPEAL ( D A Variance to Section 280A Subsection. 3 (X) A Variance to the Zoning Ordinance Is requested for the reason that A variance is requested to expand preexisting nonconforming building with more than 60 feet in length Form Ztll (Continue on other side) 3. mhture of work (cher Jddh applicable): New Wilding .......... Addition .. Alteration .......... Repair ............ Reiwal ............. Demolition ............ Other Work ........................ ........ ".. (Description) 4. Estiuuted Cost .......................... fee .............................................. (to be paid on filing this application) 5. if belling, nudher of dwelling units ............ Unller of. &K. -I Iing units on each floor ................ ifgarage, hudher of cars ...................................... 6, if business, rnmercial or mixed' occupancy, specify nature gqacxl extent of each type of use ...................... 7. Dimensions of existing structures, if any: Front...... ..4l...... Rear ............... Depth ................. Ik:if) ht ......................... Umber of Stories ...................... Dimensions of sane structure with alterations or aklitions: Front ............... Rear ............... Depth ................... lleight .................... Rainer of Stories ............... S. Dimensions of entire new construction: Front ................ Rear ............... Depth .............. Ilei[dht ......................... tuber of Stories ..................... 9. Size of lot: bout ..................... Rear .................... Depth 10. Mile of Purchase ..................... Nae of Fonner O.+ner......................................... If. Zone or use district In which premises are situated.............................................................. 12. Dias proposed construction violate any zoning law, ordinance or regulation : ........................ 13. Will lot be regraded .................... Will excess fill be remved from premises: YES N3 14. Nanes of Owner of premises ........................... Address .............................. Bane No. ............. Name of Architect .................................... Address ............................... Phone No. .............. Namof Contractor ................................... Address ...............................Phone No. ............. 15. is this property within 300 feet,of a tidal wetland? * YPS .......... NO .......... *IF YES, SMn1aD TOWN ITMFM PCt39YP MAY BE BIXXIIRID. PLOT DIAGRAM- locate IAGRAM. locate clearly and distinctly all buildings, wthether existing or proposed, and indicate all set -back dimensions from property lines. Give street and block rubber or description according to deed, and slow street nares and indicate hdnether interior or corner lot. 1 SI'A'Ili (7P N:W Y(N SS (IXINIY M . ..... . ... . •••••• ............•. •-•ti�Z'9 .............being duly sworn, dedxhses and says that he is the applicant (11am of inlivicdual. signing contract) aNme honed, Ikis the ............................................................................... (Ccnhtractor, agent, -corporate officer, etc.) of said saner or ocmers, and is duty authorized to perform or hewe iherformed the said work atxl to mhke and file this nigdicaLion; that all statements txahtained in this Application are true to the best of his luxhwledge and belief; anxl that the work will be perfonned in the innner set forth in the application filed therewith. Sworn to before ore this ......../ .ca of :... . .19...... Notary Pohl i ............... L York Comm u 0, (Signnt:ure of Applicant) DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK ^rm Aoe�� ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE October 8, 1999 F -----STEPHEN M. JONES, A.I.C.P. DEI EI CTO OF P-L2NNING OCT L� UL_ Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Annlicant(s) Municipal F1 Jerome, Lisa (Hart's Hardware) 4699 Braun, George 4740 Whiffet -Thomson, Mary Ellen SE4742 Dart, Edward 4744 Krupski, Albert J. 4746 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G:\CCHORNY\ZONING\ZONINGkWORKING\LDS\OC-RSD4699.00Y LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. 0. BOX 61 00 ■ (5 1 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER (5 1 6) 853-4044 BOARD OF APPEALS TOWN OF SOUTHOLD (1-516) 765-1809 tel. (1-516) 765-9064 fax Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Carmission: X Variance from the Zoning Code, Article X , Section 100 -102 - Article X, Sec. 100-103 A & C _ Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4699 Applicant: Lisa Jerome/Hart's Hardware Location of Affected Land: 5000 Main Rd., Southold, N.Y. County Tax Map Item No.: 1000- 70-5-6.2 Within 500 feet of: Town.or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway r Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area . Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.. to Addition -Front & Rear yard setbacks Copies of -Town file and related ocumen s enclosed or your review. Dated: Oc% 7� 1999 APPEALS BOARD MEMBERS Gerard P.,Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD October 6, 1999 Fax Transmission to 765-4643 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Appl. No. 4699 - Lisa Jerome ,oa-t Dear/ . core. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Enclosed please find a copy of the Appeals Board's approval with Conditions rendered September 30, 1999. A copy has been transmitted today to the Planning Board office for their update on the pending site plan application. If you have any questions, please feel free to call. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kd ski Enclosure Copy of Decision to: Building Department Planning Board Office Decision filed 10/5 Page 3 - Appl. No. 46� 1000-70-5-6.2 (Jercrne) i�• 5 Southold Town Board ol' Api)ea.ls 28, 1999, included tr.e ollov,,Jng resolution interpreting Code section 100-83C, which applies to the Limited 1-Dus:;ness zone and is worded identically to section 100-103C: "RESOLVED, that the Board interprets the meaning of section 100-83C to be that a structure shall have no more than sixty linear feet of frontage on one street, so that a structure: with two street frontages satisfies section 100-83C if it measures no more than 60 linear feet on one of those. frontages." This interpretation applies as well to section 100-103C. Therefore, the propcsed building frontage of 40 feet facing Jockey Creek Drive satisfies section 100-10300 and no variance is required for the proposed frontage of 93.8 feet on Main Road. RESOLUTION/ACTION. On;motion i by Member Collins, seconded by Member Horning, it was RESOLVED, to GRANT the requested variances authorizing a rear yard setback of 26 feet at the closest point to the rear lot line and a front yard setback of 95 feet from Jockey Creek Drive, subject: to the CONDITION that, in accordance with Applicant's original proposal, the frvnt wall of the addition shall be set back 5 feet, more or less, from the front wall of iiie ex sting store; and further RESOLVED,, that pursuant to this Board's authority under section 267-bi of New York Town Law, the Building Inspector's Notice of Disapproval dated April 5, 1999 is hereby reversed with respect to the proposed length of building frontage facing Main Road. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED by ui aanirnous (5-0) vote of the Board. GERARD P. GOERRINGER, a For Filing on or after 10/5/99 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE 10/.5-/99 HOUR //, 3o ,gam Town Cierk, T®Wn af Soulb.1r " PLANNING BOARD MEMBER BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS )�V KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD y August 31, 1999 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEW riz:� ZBh- Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 RE: Proposed Site Plan for Harts Hardware Main Road, Southold SCTM# 1000-70-5-6.2 Dear Mrs. Moore, The Planning Board has received your letter of August 20, 1999, regarding the above project. The following additions/ changes must be made before the Board can proceed with its review: 1. Drainage calculations 2. Key map 3. Landscaping (two street trees and grass area inside curbing at north west side of property) 4. Show any proposed outdoor lighting 5. Building elevations and floor plans 6. Curbing and curb cuts 7. Forty five degree parking at storage shed In addition to the above, the new addition will be recessed so as to break up the front line of the building. Ingress will be on the Main Road and egress on Jocky Creek Drive, or as directed by the NYS Highway Permit Engineer. Review will be required by the Suffolk County Department of Health Services, New York State Department of Transportation and by the Architectural Review Committee. If you have any questions, or require assistance, please contact this office. cer ly, r G. Ka/s er Site Plan Reviewer / cc: Gerhard P. Goehring er Chairman, Board of Appeals/ Edward Forrester, Director of Code Enforcement August 20, 1999 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall 53095 Main Road P.O.Box 1179 Southold, NY 11971 Dear Chairman Orlowski Margaret Rutkowski Secretary '71a (4 CP AUG ���p 1g99 ,1 Re: Harts Hardware Enclosed please find an application and proposed site plan for the above project, also included are the following: 1. SEQRA EAF 2. Check in the amount of $160.00 payable to the Town of Southold. The Zoning Board has asked that the Planning Board consider the placement of the proposed parking in order to avoid conflict between any variances granted and the final site plan. Very truly yours, Patricia C. Moore cc:Zoning Board of Appeals Harts Hardware SEAR �a t6.i iZ3 1—text 617.21 ter,: PROJECT I.D. NUMBER Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 2. PROJECT NAME„ 1. APPLICANT ;SPONSOR �vYC! WQ I A a, r -f s W 3. PROJECT LOCATION: 17101h��� pL2✓Lt p Qr County Municioality T�� provide mad) s. PRECISE LOCATION (Street address and road intersections, prominent landmarks. etc.. or 4,,,1" soIIH-70.10 kooc-- -70S. IS PROPOSED ACTICN CNew xoansidn ❑ Mcdification/alteration o. DESCRIBE PROJECT BRIEFLY: I 7. AMOUNT OF LAND AFFECTED: Initially L6_ acres Ultimately �S acrl 8. WILL PROPOSED ACTION COMPLY WITH E:<ISTING LaNING OR OTHER EXIST C Yes I_� t N If No. describe briefly Val/0/I CC �Y b 9. WHAT IS PRESENT LAND USE IN'/ICINITY OF. P JECT7 0 Residential Q Industrial L. Commercial C Agriculture Describe: to. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NUvv Un ULIki + STATLCCAQ?� Yes No If yes, list agency(s) and permitlaoprovals 11 . 00 ANY ASPECT OF THE ACTON HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ❑ No If yes, list agency name and permitlapproval 6Gs1rre'ss 12. Asry /iESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? L-1 Yes ❑ No e, a �� Gr C I CERTIFY THA RMAT10N PRO D ABOVE IS TRUE TO THE BEST OF M`f Applicant/sponsor name: Signature: te: _ AUG ( O / If the action is in the Coastal Area, and you are a state agency, camp IPS Coastal Assessment Form before proceeding with this assessment OVER PART II—ENVIRONMENTAL ASSE, ENT (–I o be comDletea by Agency) A. DOES AC71ON E(CEED ANY TYPE I THRESHOLD IN as NYCRR. ?ART 617.12? It yes, coordinate the reviow pfocssa and use the FULL --AF. ❑ Yes ❑ No a. WILL AC71ON RECEIVE COOROINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN G NYCRR, PART 617.57 It No, a negative oeciaratlon- I may be superseded by another involved agency. ❑ Yes ❑ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may oe handwritten, if legible) f Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disoosal, potential for erosion, crainage or flooding problems? Explain briefly: i C2. aesthetic, agricultural, archaeological, historic, or other natural or cultural resources: or community or neighborhood character'? Explain briefly: CC. Vegetation or fauna, fish, shellfish or wildlife species, significant naoitats, or threatened or endangered species? explain briefly: CG. A community's existing plans or goats as officially adopted, or a cnange in use or intensity of use of land or other natural resources? Explain briefly_ C5. Growth, subsequent develcoment, or related activities likely to be induced by the proposed action? „otain briefly. CS. Long term, short term, cumulative, or other effects not identified in C. -CS? Explain briefly. C7. Other imoacts (inc:uding changes in use of either quantity or type of energy)? Explain briefly. D. IS THERE. OR !S T'r,ERE LIKELY TO BE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? IL7 Yes ❑ No If Yes. explain briefly PART Ill—OETERMINATION OF SiGN1FiCANCE (7o be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial. large. important or otherwise significant_ c:actt effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occt:r. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ri Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL. NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead ,agency Print or Type Name or Resoonsidie Officer in Lead Agency i itle or Responsiale Officer Signature or Resconvbie Officer in Lead Agency Signature or Preparer tit different from resconsibie officer) to 9 Southold Town planning Board PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Southold Town Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Att: Ms. Linda Kowalski Dear Linda: Tel: (516) 765-4330 Fax: (516) 765-4643 August 13, 1999 RE: Harts Hardware Hearing Date: August 18, 1999 Enclosed please find a proposed site plan for the above referenced matter. The applicant has reduced the project to the minimum necessary for his proposed addition. As soon as the variances are obtained, this site plan will be submitted to the Planning Board. nI� � I am forwarding P�P Board, however, it �p "formally" review the W from your board. with Encls. a copy of this site plan to the Planning is my understanding that they will not site plan until the variances are obtained PCM/mr cc: Planning Board Very truly yours, Patricia C. Moore x'9_5ae... AIN ROAD :4 �,� ' 20o.00• �'• � i�lR' A SITE PLAN FOR HARTS HARDWARE SITUATED AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-70-05-6.2 SCALE 1"=20' FEBRUARY 19, 1999 MARCH 25, 1999 ADDED PROPOSED ADDITION AUGUST 5. 1999 REVISED SITE PLAN AUGUST 13. 1999 REVISED SITE PLAN AREA = 20.264.24 sq. ft. ICO D[ INE) 0.465 Oc. CERTIFIED T0: LISA G. JEROME NOTES: 1. SITE PLAN BY EAST END DRAFTING 6[ DESIGN. 2. THIS PROPERTY IS IN ZONING USE DISTRICT B: GENERAL BUSINESS. FRONT YARD SETBACK: VARIABLE REAR YARD SETBACK- 35' SIDE YARD SETBACK: 25' (50' BOTH) LOT COVERAGE: 30X 3. PARKING REQUIREMENTS RETAIL PARKING- I SPACE PER 200 sq. H. OF GROSS FLOOR AREA. RETAIL PARKING 2,2Do:,., 1(. / 200 11 SPACES EMPLOYEE PARKING = SPACES TOTAL REOUIRED SPACES 15 TOTAL PROVIDED SPACES - t5 /.nT rOVPPArF nATA DESCRIPTION AREA X LOT COVERAGE EXISTING BUILDING 2.379 sq. N. 11.77% EXISTING GARAGE 576 sq. ft. 2.64X EXISTING SHED 100 sq. R. 0.49X PROPOSED ADDITION 1.000 sq. ft. 4.9.% TOTAL (EXISTING &_PROPOSED) ..055 sq. ft. 20.01% PR[PAR(0 W ACCU+ON,C[ .OH 1K r STAH04g5 r0+ "T" SVMCYS .5 [sH T(D0 MO RO.E T,q llwl5 APM[w Tpt. O ANO AH 0 0+ SUCH US( B. w 51A1( _L,l 1. 4966H uwwrrlomtzur+n' �s+^0No1,5�1 a SECTKIH THg K M[ Kw TpiX SIA —1S U IM SLIMY LL1P N01 BEU1+.0 MC Iµ0 SUNvFS'p1'S RMm SIAL OR EUB0S5[0 SIX SHALL HOT K COH90ERED 10 K A — TRUE COPT. 4ROrGDO1F5 —TEO Hp . — — OMIT TO ME PERSON FOR WHOH 1K S Is PR[PARED. AND OH - BETMI7 TO M 'Y" CWP— COM` -MAL AGCNCY AND ILNUNG MSOMIM ITER HEREON, AND 10 TK A55-1. OF THE tMOPIG MST - `—I cf- 1gH5 U HOT IMNSFEp .d CNC C.ISIENCC OF RIGHTS OF WAY AND/OR EASCYEMS Of RECORD, IF ANY. NOT SHOWN ARE HOC GUARANIEEO. Joseph A. ingegno Land Surveyor He S.,FF SuD -lwn, S", wan, _ Canfl-6,; t—, PHONE (516)727-2090 r.. (516)722-5093 OFFX:CS tOU I(D .. .AAX ADORCSS a0 S., 1931 M. - . 0. PLANNING BOARD MEMBEI7.,' _ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD o��S�FFO�,�coG C= - coo 2 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Bennett Orlowski,, Jr., Chairman, RE: Lisa Jerome (Hardware Store) 50000 Main Road, Southold SCTM# 1000-70-5-6.2 Appl. No. 4699 DATE: June 23, 1999 The Board is unable to comment on this variance request, it has no site plan application on file. sJ M p r- VALERIE SCOPAZ I TOWN PLANNER February 25, 1997 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD Craig M. Arm East End Drafting & Design 5130 Main Bayview Road P.O. Box 1675 Southold, NY 11971 RE: Proposed Site Plan for Harts Hardware Main Road, Southold Zoning District: General Business (B) SCTM# 1000-70-5-6.2 Dear Mr. Arm, Town Ball, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 The Planning Board has received your letter of February 13, 1997, requesting this Board's review of a proposed addition to Harts Hardware Store. The Board's preliminary comments are as follows: 1. Town Code 100-103 C. states that no single structure shall have more than sixty (60) linear feet of, frontage on one (1) street. The proposed extension for the building will increase the building length parallel to the road from sixty three feet (63') to ninety three feet (931) in length. Consideration should be given to locating the building addition to the rear of the existing building. Doing so will eliminate the need to request a variance to extend the building frontage. 2. On .Ma 9 1982, Mr. Hart split the-ep>� y y deed without Z ?6 r Town Ai3-oroval-4nauiry s made to the Town Building Department to se ecognized by the Town. i1`! 01 3. The parking shown in front of the supply ,shed is too close to the entrance doors to obtain customer material. In addition to the above, technical data, as contained in Town Code 100-256 (1), such as landscaping, lot coverage, drainage calculations etc. should be on the 'plan. A check sheet of such details and a site plan application is enclosed for your use: The New York State Department of Transportation should be contacted for a curb cut review and the Suffolk County Department of Health Services for health review. After you have consulted ' with the Building Department on the lot creation, this Board's staff would be pleased to meet with you to review your proposed project. If you have any questions, or wish to meet with the staff, please call Bob Kassner, Site Plan Reviewer, at this office. (7erely, ennett Or owski Jr . , Chairman cc: Gary Fish, Building Inspector Page 83 - Hearing T3 scripts �l June 24 , .1999 -Board of Appeals �(L I�. 8:45p.m. Appl. No. 4699 - Lisa Jerome (Hart's Hardware). Variances are .requested under Article X, Section 100-102 to locate a proposed addition with reduced rear and'front yard setbacks, and under Article X, section 100-103C for a structure (addition) at more than sixty linear feet of frontage in this General Business Zone District. This request is based upon.an application for a building permit and the Building Department's April 5, 1999 Notice of Disapproval. . Location of Property: 50000 Main Road (Hardware Store) and Jockey Creek Drive, Southold, NY; CTM Parcel 1000-70-5- 6:2. Mrs. Moore: You have the Hart's Hardware application before you. As part of the application packet, I'm going to link this to the .standards. Because it's late, I'm -not going to reiterate everything that's been written. I'm going to highlight some of the points. To begin with, the crux of our application from the Building Department on the notice, of disapproval - we started there. Because the \existing building, the Hart's Hardware building, is 68.6 ft. and you .know my" feelings for the Riverhead Building Supply application as far as what this 60 ft. rule does and how poorly it was drafted and conceived, I know the intentions were good, but when it comes to drafting codes,.you really don't learn of it' -s problems until you go to apply it and we know from a couple of examples, ,including this one, that a 60 ft. rule just doesn't make sense particularly'on the Main Road. This parcel has a road frontage of 200 ft. The existing building's already 68..6, so we're already at the.60 ft. rule - beyond -that. The suggestion that I"made to Mr. Goodale, who's here this evening, was to try to address that 60 ft.. rule and the intentions of the 60 ft. rule which I have a copy of the transcript of the public hearing on that law when it was adopted, that the intention was to apply to strip shopping centers on the North Road, and just kind of left in without much eloquence to apply everywhere, regardless of the size of the property, the width of the property, really making no sense in many cases, and unfortunately catching many existing businesses in a difficult. position. What we did to start off, trying to address that 60 ft. rule is- to set back the proposed addition 5 ft. off 'of the front property line so as to.break,the view and with respect to the lineal feet,. depending . on .how you look at it, is a 60 ft. - if there were 2 separate buildings, if we Were to take and put 1 ft. or whatever, we need a variance between buildings, I'm sure, but you'd have .1 ft. between the buildings, and now you wouldn't have the 60 .ft. rule... Would it make any 'sense, no, would it for businesses you.don't separate the buildings when you have 1 use, again that 60 ft. rule 'was intended for strip shopping centers, not for single use buildings. So right off the bat it doesn't make sense in- this, case. As. far as " other variances that may or may not be used, I read the code and I look at the survey, and I see right off, the bat that I believe the Building Department interpreted the rear yard as the yard that is adjacent to Mrs. Hart, I believe that to be the side yard, and therefore no variance would be required because side yards require - the required side yard is 25 ft. and we already have 26 at it's closest point. The 83 Page 84 - Hearing- T�ar,scripts June 24, 1999 -Board of Appeals rear yard is actually to the 'tie line, it"s an unusually shaped parcel with 5 sides, therear- yard being Jockey Creek,: so I don't believe that. -a variance is required either for rear or for side yards. We asked Joe Ingegno taking the building departments interpretation and looking at what is the closest point that's why the drawing is such that is shows area of 427 sq. ft:. -'is the area of nonconformity because of the building department's interpretation which is the side yard, but again, I disagree•and-I hope you will as well. Also, Mr.. Goodale is here. There is some flexibility on the portion of the building that is actually behind -how to describe it- I have a drawing. The 25 ft. out, which is the crux of the 60 ft. problem,'is an area that is really important to Hart's Hardware. The existing' building is a conglomeration of 1940's const' ruction,, maybe 1950's construction, and just -to go inside it, it's amazing to me when it was plotted, how big it actually is when square footage calculations. Because -when you go inside, it's'a maze of little boxes, and that's the way it was constructed since the 50's. . The doorway, there's -something-that shows as a wood block. There's a large opening there, and that would be the'; logical location for the expansion of the building, and that's why it's located there, and that's .why that area's so important. When it comes'to the area that is right behind what is called the ''cellar entrance, it's• a square 'box, there's some flexibility there because that would be phased. I suggested to Mr. Goodale, well listen, it's expensive, it's time consuming, we're. going -.to have all.the same -expenses 10 years down the line, 5.years down the line, you decide_businessis great, the economy Is still blooming, knock on wood for all of -us, and really, we should expand again. Let's create a box that allows for phase construct -ion so that the variance runs with the land, it stays there and then 'he builds .as the need arises. But as I said, what he really - the most important part of this whole building was the extension towards Jockey. Creek Drive, that's the area that the ,building logically flows, it's ,going to, be his retail area for the display area.. The rear portion of that,box is going to be for storage,, so we can Idiscuss some modifications to this, but. when it comes to that 'area, . that is,a very important part of this application, .and when it comes to the area variances and the standards, the balancing weighs in favor of the applicant that that is something that he.needs, for the operation of this business. It's nice to see Dr. Liezuski` here because -I know he speaks very aggressively s towardthe rights of the businesses, and, to the great extent, there is some frustration that's heard that existing businesses are confronted with restrictions, not just from zoning. From the NYS building code the ADA-, when it comes to building or remodeling, renovating an existing structure, you can't go up because you'd need an elevator, you can't go out because, now, if you go out a certain way,�you're going to'be in violation of NYS fire prevention building code requirements, so construction is very difficult, expansion is.!,difficult, and what you end up having is 'businesses all throughout town all wanting to expand, being cluttered, not being able to move to -breath, trying to compete against the outside. forces, and just trying to work with the properties and the Page 85 - Hearing T`_�=:scripts June 24, 1999 -Board of Appeals legislation that we've imposed on them. This is an example of that and we hope you'll take it into consideration when you're considering the variance applications. Chairman: I hate to bring this issue. up at this late hour, but it's our understanding, you may know I have a case with the Planning Board is that correct? Ms. Moore: Actually that was before I was involved with the case. I think that Mr. Goodale met with the Planning Board work session. You didn't go there? Chairman: Would you do us a favor and go to their work session, and show them the plan, and get us.some positive feedback. Let me rephrase that, get us some feedback. Ms. Moore: I have no problem with that. It's one of those catch 22's where the Building Department says, before you, go anywhere, you've got to the Zoning Board. So you get us first you. Chairman: OK. Ms. Moore: Well, that's no problem. Well I say it's no problem. Is there anything else? Chairman: This is a one story structure right? Ms. - Moore: It's presently a one story structure, I think the second floor is not a habitable area. Chairman: It's only storage right? Ms. Moore: Yes. So, really what you see there is limited space in the retail needs and display area. Chairman: What's the time limit$? What do you think the situation is? When you can go down and discuss this with a work session? Ms. Moore: I can be there on Monday I mean when they meet. I think they begin their summer hours, the summer, public hearing is . at 5:30. I have another meeting here with -.at 6:30 - Gazalatere. Member Tortora: I think that's 6:00, Pat. Ms. Moore: I can be there on Monday, that's not a problem. We have the drawing, that's not it.,, Chairman: I think the basic issue is, certainly we'd love to see the Planning Board waive site plans, there's no question about it. We could complete the process, complete the hearing, get everything done, but let's see how they deal with the whole issue and go from there. Yes Lydia? FIR Page 86 - Hearing Transcripts June 24, 1999 -Board of Appeals Member Tortora: I just have a couple of questions. The phased process that you're talking about. What area? Is the dimension on the - Ms. Moore: It's just easier - it's 25 x 40. I'm going to go back to. your original plan. We originally had East End Drafting draw this up, but the problem was that they were using an old VanTyle survey, so ',things weren't matching up. We ultimately took the drawing and 'gave it to Joe Ingegno and had him do really everything on the survey. This is not to scale, but it gives you an idea of the box and; then behind the building, the box here being the, retail, behind it the storage, that's why I say it's not to scale. What we did`is we boxed it. That's when we found out -that's it's really like 'this- it just didn't make sense so - Chairman: Why don't you just give us an A and B plan and show it to us. You, know the onethat Mr. Goodale needs, and then 'the B plan which would be the entire procedure, and 'give us the square footage and .the sizes of both.. Right Lydia? -We realize this is -a preliminary hearing. Member Tortora: It's not clear to me whether you want what's before us or you're'saying well, it's OK, we'll settle for something else. Ms. Moore: What I always try to explain to clients that when you come to the ;board, you try not to be too rigid - because there will be things that come up and applicants, that will have different opinions on 'it.' I.e. the previous application where ,we had a neighbor that had a problem, and we tried to work it out. I don't know if anybody has a problem here. . His neighbors, the existing businesses are all very.supportive. What Mr. Goodale needs is the 25 ft. out and 40 ft. back. OK, so 25 x 40. That's what he needs. Beyond that,:'you know, that would be phase 2. Member Tortora: What you have before us - Ms. Moore: Is larger than that. Chairman: Would you do me a favor please and pose that the same way to the Planning Board when you meet with? So we know exactly where we're going with this. Member Tortora: Give us a copy'of the plan with the bare minimum of what you need, or what you need. But if the plan that I.have is not necessarily what you need, then it's - Chairman: Well, that's what they want, but they realize they might not get that: Ms.. Moore: No, I won't give you that Lydia, please, I, get your message. -1 Page 87 - Hearing Tra.�;jcripts June 24, 1999 -Board of Appeals Ms. Moore: Secondly, I don't agree with you about the side yard. That is the rear yard. The variance isn't that great on it, but it is the rear yard. That"s my opinion, for the record. Member Collins: �I had planned to bring up the question,of which is the side yard and which is the rear yard, and I think the Building Department recently kind of reiterated to us what I believe makes sense, 'which is when you have a corner lot, and you have some nonconforming setbacks that they would choose as the rear yard and the side yard a layout 'that minimizes the amount of nonconformity, and that would,. I think, leave you with the east yard being the rear yard and the south yard being the side yard. Ms. Moore: What I understand you- just said is that if they're trying to reduce the nonconformity, then you're looking at the largest dimension to be the rear yard. Which is why I thought the Jockey Creek to be the rear yard. Member Collins: Where are you measuring the Jockey Creek yard from? Ms. Moore: From the expansion because we've got existing. If you take the point of the north. Member Collins: I'm not sure we really want to belabor this - Ms. Moore: We're -here for one variance, so when someone tells me we need five, fine. Member Collins: While we're still looking at,this plan,' going back to your statement about staged. development or step wise. What I heard you say is that what is really necessary now is a 25 ft. extension and a 40 ft. depth. The way I read that, that is the outside dimension of what's drawn here, extending the building 25 ft. towards Jockey Creek Drive and carrying that all the way back to the existing rear building line.. And I don't see any steps in that, that looks like the end - Chairman: They are leaving a big hole in the middle of it. Ms. Moore: That's where the sanitary system is. That's not a logical place to start because now you have to replace the whole sanitary system. Chairman: George, do you have a question? Let's get it done. Member Horning: For the reasons that you requested the variance, number 1 statement, no undesirable change will be produced. Second paragraph you're stating "the proposed addition has been set back 5 ft. off the existing building. Did you try to comply with the intent of Article 10 Section 100-103_which breaks the linear ft. What are you trying to tell us? C 1 i Page 8.8 - Hearing Transcripts June 24, 1999—Board of Appeals. Ms. Moore: ',Actually,. I'm writing what I'm telling you. But I think it makes sense if you look at it. Here's the front property line. What the code talks about is lineal ft. 60 ft. of lineal ft. We push the building back like 5 ft. So you don't have a visual extension of; the existing building, it's not a straight building out, it's a; breaking up, as if you had 2 buildings, so that visually, it,looks like you're trying less mass. Member Horning: You're cited for having more than 60 ft. Chairman: Yes. Do you think you're going to have these maps and everything done by the end of July? Ms. Moore: The maps are done. Chairman: -I mean the presentation to the planning board and all the rest of the - Ms. Moore: What date? Chairman: July 22. This is going to be a massive hearing. If you - think this hearing tonight is.massive, wait until you see July 22. Ms. Moore: If you have other questions, you can ask them and I can bring them with me or I can respond to you in writing whatever, because really the only questions, as far as I can understand, are break this -up into 2 phase. If I can ask Joe Ingengo who's usually very good. Highlight phase one, phase two. Member Tortora: I'm just asking if that's what you want us to consider. You brought it up. Ms. Moore: Yes. I did because they are. not ready to build Phase 2. Correct. But Phase l is very important. Chairman: So, I'll recess the hearing until July 22. Ms. Moore: What's your deadline if we can't get the drawings, I don't want to waste your time so I can let you know. Chairman: I would much rather put it on for August. I have to tell you. Mrs. Moore: What's the -date? Board Secretary Kowalski: The j8th. .11 Dr. Lizewskti: One of the things that the ZBA can do, and it's their responsibility to do, is to interpret some of these laws that are put in. place. That 60 ft. law definitely was done at a time when we were -reviewing the Rt. 48 study, and it was definitely done with the intention of limiting the kind' of buildings that are allowed and the kind of lots that in fact limited business. 88 Page 89 - Hearing Trr-,_•scripts June 24, 1999 -Board of Appeals Chairman:. That's correct. Dr. Lizewski: It's now being applied to other lots, I was wondering, when you do these things, I know it's more work for you, could you set some precedents possibly by interpreting the law, like you can do. Member Collins: Someone,should ask us. Dr. Lizewski: Well you have the power to do that. If you set that down for future references by the Planning Board and the Building. Department will make these determinations, maybe you wouldn't get - Member Tortora: If you requested an interpretation of this 60 ft. rule, we would advertise .it for a public hearing and along with that, and yes you would have an interpretation. Dr. Lizewski: You do have the power to do that. Board Secretary Kowalski: Yes. They've done it before. Ms. Moore: The only problem with that, is that you're asking an applicant to one pay $150 for you guys to make an.- Member n - Member Tortora: Me? Ms. Moore: Yes you guys, like you keep the money, I know. You're asking an .applicant 'to pay another $150, to make an application whether it's jointly with .part of the other application, I think you can do it as a matter of course when you're making decisions because.you do that anyway when you're reviewing it. Chairman: We can't do it. Member Tortora: There has been quite a few court cases - Ms. Moore: Well if you waive the fee I'll ask. Member Tortora: You cannot render an interpretation without a hearing and a hearing requires notices of contents. Member Horning: Would the applicant underthat scenario have specify a particular zone? Board Secretary Kowalski: Yes. Chairman: We can do it in any business zone. Ms. Moore: It doesn't come up so often because honestly, not that many businesses expand to that degree. You have unusual examples, Riverhead Building Supply is one of mine, and you have this one, but I don't know other applications - 0 II Llaw< Page 90 - Hearing Tz '-scripts June 24, 1999 -Board of Appeals Chairman: But this one just happens to have the frontage to have the ability to expand. BSK: Everything is going on the record. Member Collins: Except the record is going to be impenetrable. Chairman: I need a motion, goodnight Bill, to recess it untill the August meeting. Member Horning: I'll make such a motion. Chairman: All in favor say aye. Anybody's welcome to open the next hearing, I have to run out for a minute, or we can hold. .E { Southold Town planning board PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Southold Town Zoning Bodrd,of Appeals 53095 Main Road Southold, NY 11971 Att: Ms. Linda Kowalski Dear Linda: Tel: (516) 765-4330 Fax: (516) 765-4643 August 13, 1999 RE: Harts Hardware . Hearing Date: August 18, 1999 Enclosed please find a proposed site plan for the above referenced matter. The applicant has, reduced the project to the minimum necessary for his proposed addition. As soon as the variances are obtained, this site plan will be submitted to the Planning Board. Il is paid I am forwarding a copy of this site plan to the Planning PBoard, however, it is my understanding that they will not ',gyp "formally" review the site plan until the variances are obtained �W from your board. Very truly ours, n0� U Patricia C. Moore PCM/mr cc: Planning Board with Encls. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 Southold Town Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Att: Ms. Linda Kowalski AUG 1 31999 August 13, 1999 RE: Harts Hardware Hearing Date: August 18, 1999 Dear Linda: Enclosed please find a proposed site plan for the above referenced matter. The applicant has reduced the project to the minimum necessary for his proposed addition. As soon as the variances are obtained, this site plan will be submitted to the Planning Board. I am forwarding a copy of this site plan to the Planning Board, however, it is my understanding that they will not "formally" review the site plan until the variances are obtained from your board. Very truly yours, C atricia C. Moore PCM/mr cc: Planning Board with Encls. 0 J NG BOARD MEMBEL' — C.• �C QG Town Hall, 53095 Main Road L BENNETT ORLOWSKI, JR. hZ` ofi� P.O. Box 1179 Chairman o Southold, New York 11971 WILLIAM J. CREMERS c Fax (516) 765-3136 KENNETH L. EDWARDS p GERy � Telephone (516) 765-1938 OGE RITCHL IE ATHAM, JR. RICHARD G. WARD PLANNING BOARD OFFI IE D W [E TOWN TOWN OF SOUTHOLD I JUN 3.01999 TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Bennett Orlowski, Jr., Chairman RE': Lisa Jerome (Hardware Store) 50000 Main Road, Southold SCTM# 1000-70-5-6.---- Appl. No. 4699 66610 DATE: June 29, 1999 £ As this Board recommend thecncte—c ge €o a imum building width of 601, we are not in favor of increasing the present width of the building from 68.8' to 93.81. t I PLANNING BOARD MEMBE]:- OSUFF01�C i off. QG Town Hall, 53095 Main Road BENNETT ORLOWSKI, JR. h`Z` �fi� P.O. Box 1179 \'1, Chairman Southold, New York 11971 WILLIAM J. CREMERS C4Fax (516) 765-3136 KENNETH L. EDWARDS Telephone (516) 765-1938 GEORGERCHARD G. WARD TCHIE > JR. oy�Ol � PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Bennett Orlowski, Jr., Chairman66-� RE : Lisa Jerome ( Hardware Store) 50000 Main Road, Southold SCTM# 1000-70-5-6.2 Appl . No. 4699 DATE: June 23, 1999 The Board is unable to comment on this variance request, it has no site plan application on file. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR, OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER r< OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 FROM: ELIZABETH A. NEVILLE, SOUTHOLD TOWN CLERK RE: ZONING APPEAL APPLICATION #4699 DATED: April 27, 1999 Transmitted is an application of Hart's Hardware d/b/a Bill's Creekside by Patricia C. Moore, reasons for area variance, applicant transactional disclosure forms, Building Department Notice of Disapproval, ZBA questionnaire, Short Environmental Assessment Form, Patricia C. Moore memo, Disclosure letter from William D. Moore, property survey indicating proposed project. Elizabeth A. Neville Southold Town Clerk i RATRICIA C. MOOF 51020 MAIN ROAD, SOUTHOLO, NY 11971 [516] 785-4330 r � DATE TO LII%C�-_./. _.... .-. �� �_%tom ��_. �6rc7�la��/so._ � ._—__..____—_—__ � _D � •--G�-...-.`-....---- ----- ----- —--....----._.—.—_.._ D1s4 _o_sv_re f'n , s-rTr.r.�.: �45a__ f r_�_✓r+-L _ Cod i1 a A'o fr� aF 7• 5' ,sc,Yv p r� h SIGNED-- --........ Reason for Appeal Continued Zoning Board of Appeals re: Harts Hardware Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and asses the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b -3(b). The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. Harts Hardware has been in business for over twenty years and the structures constructed prior to zoning. The business wishes to improve the building to meet the needs of their customers and to upgrade the building. The proposed addition has been set back five(5) feet off the existing building to try to comply with the intent of Article X, 100-103 C which breaks the linear feet. The existing building is 68.6 feet in length. The only reasonable and cost effective method of expanding is to construct an addition as proposed. The existing front yard setback from Main Road is at 23.4 feet, however, the actual distance to the improved road is 35 feet. Because this property is on a corner, the property is considered to have two front yards. The second front yard is proposed at @95 feet from Jockey Creek Drive. Pursuant to 100-103 B where the adjacent parcels are developed, the minimum front yard setback is the average setback of the adjacent parcels. From Jockey Creek Drive: The Perry's buildings on Jockey Creek Drive is approximately 95 feet. Mrs. Hart's house is set back at 44 feet from Jockey Creek Drive. Therefore the proposed setback is in conformity to the adjacent properties. Pursuant to 100-103 B, No variance is required for the setback from Jockey Creek Drive. The existing building is 41.6 from Mrs. Hart's property, However, in accordance with the definition of "yard, side", the area adjacent to the Hart residence is the "side yard" not a rear yard. Please note the survey which shows the "rear yard" on Jockey Creek. Therefore the proposed addition will meet the 25' side yard requirements. The proposed structures will not affect the rear yard along Jockey Creek. Therefore, no variance is required for the rear yard. The 100 foot rule creates a practical problem for an existing business which wishes to expand, particularly a business in a very old structure. The proposed addition will be isolated from the main building to avoid problems with the NYSF&B Code, otherwise the renovation could trigger the entire existing structure into comply with existing fire regulations. Moreover, for an existing small business, the business must continue to operate while renovations are under way, therefore additions are generally added to an existing structure. The 100 foot rule, never intended to apply to existing buildings on the Main Road, are an impediment to existing business and deserving of the Zoning Board's consideration. 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The building predates zoning and requires additional room, the only area for expansion is where the addition is proposed. 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. A poorly drafted code, Article X 100-102, affects the ability for a business to expand. This section of the code was intended for strip shopping centers on the North Road, not Main Road businesses. The Zoning Board must take note of the legislative history of the code and consider the impact on existing businesses in the Hamlet Areas. The Zoning Board's grant of variances from the 100 foot width rule preserves the Hamlet businesses and permits existing business to thrive, therefore the Zoning Board's actions on the Main Road keep "strip shopping centers" off of the North Road. 4. The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The Main Road will benefit from business improvements. The adjacent properties are businesses, the adjacent residence was the previous owner of Hart's Hardware. Mrs Hart split the Hardware off of the residential property in 1977 with the Zoning Board's approval (appeal No. 2273). The residence was an'office in 1964. 5. The alleged difficulty was not self-created. 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. In setting back the addition 5 feet off of the Main Road (to break the line of the proposed addition from the existing structure) resulted in the addition being moved closer to the Hart's property line. If the Board wishes to have the addition moved closer to the Main Road and away from the Hart's property line, the applicant will consider reasonable alternatives. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. signature State of New York ) )ss County of Suffolk ) Sworn to thisQ3 day 0 ci 9 Nota y Public MARGARET C. RLMVM Notary Public, Sian OINs IM Olrlibd b 81%It 0■■IWa�f�ir�i_„L,�1q 9 DISCLOSURE I, William D. Moore hereby state pursuant to General Municipal Law Section 809 and Southold Town Code Article 10 the following: 1. An application has been submitted by Patricia C. Moore to the Southold Town Planning Board, and Zoning Board of Appeals on behalf of Hart's Hardware. 2. Patricia C. Moore is an attorney duly licensed in the State of New York practicing as a sole practicioner with her own clients. She is not affiliated with my law practice. 3. Patricia C. Moore is my wife. 4. I am a member of the Southold Town Board. 5. I do not directly or indirectly review, discuss or participate to any extent in the matter of Hart's Hardware before the Southold Town Planning Board or Zoning Board of Appeals. 6. Patricia C. Moore is.compensated for her legal services, at an hourly rate, regardless of the outcome of the case, and her fee is not contingent on the results obtained. Dated: April 26, 1999 APPLICANT TRANSACTIONAL DI!`_)SURE FORM The Town of Southold's Code of Ethics prohibits conflict interest on the part- of town officers and employees. Th purpose of this form is to provide information which can alert the town of possible conflicts of interest and all it to take whatever_ action is necessary to avoid same. YOUR NAME: Lisa Jerome —owner.. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance X Change of zone Approval of plat Exemption from plat or official map 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 X NO If you answered "YES,".complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold John Jerome Title or position of that person nustodinn Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest ,in a noncorporate entity (when the applicant is not.,a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSIIIP brother in law. Submitted thi O(_LL_day of 1991 Signat e ` Print name Lisa Jpr'Q st on t AYYLICANT TRANSACTIONAL DT'7^*,OSURE FORM r 's Code of Ethics Drohibits conflicts of of possible conflicts of interest and allow tever action is necessary to avoid same. Harts Hardware YOUR NAME: (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance X Change of zone Approval of plat Exemption from plat or official map 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 X 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) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); . C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 3 da ofRPRJL-199 1 Signature Print name Bill Go ale 14-16.4 (11195)—Text 12 PROJECT I.D. NUMBER 617.20 SEAR Appendix C 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 /SPONSOR 2. PROJECT NAME Harts Hardware 3. PROJECT LOCATION: Main Road, Southold Municipality Southold County 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Main Road and Jockey Creek Drive 1000-70-5-6.2 5. IS PROPOSED ACTION: ❑ New R) Expansion ❑ Mod ificationlalteration 6. DESCRIBE PROJECT BRIEFLY: addition to existing structure 7. AMOUNT OF LAND AFFgCTED: Initially . D acres Ultimately ' D acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 1:1 Yes L1 No If No, describe briefly Variance 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ❑ ❑ Residential ❑ Industrial Commercial ❑ Agriculture ❑ Park/Forest/Open space Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? EiYes ❑ No If yes, list agency(s) and permit/approvals Site plan 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑ Yes E]NO If yes, list agency name and permitlapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑ Yes ®No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWL4DGE Harts Hardware bate: ! `a -3 Applicant/sponsor name: Signature: NI If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (separate sheet may be a B. Is the subject premises listed on the s�real € estatte market for =. sale or being shown to prospective buy {�(} Yes No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes No D. 1. Are there any areas which contain nn the mapastihmittedswithes 2. Are the wetland areas shown � this application? es 3. Is the property bulkheaded between the wetlands area and the upland building area? ,es . 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for LCs determination of jurisdiction? No - E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? fy9 (If not applicable, state "N.A.") F. Are there any patios, concrete barriers,the ds or which exist and are not shown on the survey P submitti v �10 If none exist, please state "none." G. Do you have any construction taking Place at this time lease submit a copy concerning Your Premises? N_ If yes, P the Building of your building permit and map as approved by Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? If yes, please explain where or submit copies of deeds. I. Please parcel _ list present use or operations conductedatthis W aur is AAcwCW0, — proposed uSe Au iZed Signature and Date 3/87, 10/901k- W P SEP 30 '99 :.3: !_ _.,vOUT"HOL D TOWN ZBA 06 EXAZARET6 A. NE MAX TOWN cl" K RSGMr Alk OF VITAL a'rw'TgVnC$ MARMAGE OFF 0ER REQORml9 MANAGEMENT OFFIC49 FRUDOM OF TWORMA'T.'ON OMOER L) C,/ o20 OFFIC8 OF THE TOWN CLERK .. TUWrq OF SOUTHOLD APPLICATION FOR VUELIC ACCESS TO RECORDS INSTRUCTIONS., Please complete section I of this form and give to Tow (yffice, jagancy Freadom of Information Officer). One copy will be return' In response to ycur request, or as an Interim response.. SECTION 1. TO:1? e rtment or r, if known, t t e 910-Froat on you are requ Rt RP YOU WISH TO INSPECT: (®ascribe tato record sought. 1f poasIlb.I date, file title, tax map number, and any other pertinent Information,) Slgnoturo of Api:*=ntt Prtntod haze: c c Address: Ae. Mailing Address (if different from above) : '�'�C •' 7�,� �(e �.� Telephone Nuint:or :� _ pate t 1 APPROW D I I APPltp.1lr. D WE I" DELAY& ( 1 DEN I EW R of to uon Qflt"er It delayed au denied an rawem aide for explanation. G! •rk t. y( PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 ME SEP i z isss�� September 23, 1999 Zoning Board of Appeals 53095 Main Road Southold, NY 11971 RE: Lisa Jerome (Hart's Hardware') Application Hearing Date: September 30, 1999 Dear Chairman: Enclosed please find Affidavit of Mailing with Certified Mail Receipts for the above referenced matter. Very truly yours, PATRICIA C. MOORE PCM/kk Encls. P.S. Also enclosed is the Affidavit of Posting (--;14 ae," /17 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of AFFIDAVIT OF Lisa G. Jerome MAILINGS (Names of Applicants) Parcel ID#1000- 70 -5 -62 -----------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Mff",9Q 16T 0-47-KIOw.SC/ residing at -rH E 2 t sR !�:- 62Wt,., gT T ITqcK- New York, being duly sworn, depose and say that: On the c ? day of September , 19 99 , I personally mailed at the United States Post Office in Southold,. New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the 0 Assessors, or () County Real Property Office Southold NY, 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. 1 (Signature) Margaret Rutkowski Sworn to before me this day of September, 1999. OORE otary Public) �� CA C. M0, New York NotsrY Public. State Suffolk County - No. 486160 Contirnissiori; Expires June 16, PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed Thank you. I i Jerome SCTM 1000-70-5-6.2 NAME ADDRESS MAP NO. Mr. Gerard W. Gaughran 49925 Main Rd 1000-70-5-2 Southold, NY 11971 Mr. and Mrs. Sahn 49805 Main Rd 1000-70-5-3 Southold, NY 11971 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED Neighbors PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 September 23, 1999 RE: Lisa G. Jerome Harts Hardware, Main Rd, Southold, NY SCTM# 1000-70-5-62 Dear Neighbor: I represent Lisa G. Jerome, (Harts Hardware) with regard to her property located at Main Road, Southold, New York. She is requesting a variance to construct an addition for an existing Building "Hardware Store". We have submitted the required application. The hearing on this matter has been scheduled for Thursday, September 30, 1999 at 6:45 p.m. at Southold Town Hall. Enclosed is the notice of public hearing and a survey of the premises indicating the proposed addition. If you have any questions, or you wish to support this application, please do not hesitate to contact me. Very truly yours, PATRICIA C. MOORE PCM/kk Encls. KtHK T to -"/V I C b JG-res�Ks NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: 4IS14 �FRD/'{E (HRATS, 11fiaevAyee) DATE OF PUBLIC HEARING: furs,, �S' �. 3 0, If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p m BOARD OF APPEALS •TOWN OF SOUTHOLD m (516) 765-109 fl ,SEP 2;,71999 ZONING BOARD OF APPEALS TOWN OF SOUTROLMNEW YORK ----------------------------------------- x In the Matter of the Application of AFFIDAVIT Lisa G. Jerome OF (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 70 - 5 � - 62 --------------------------------------- x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore residing at 370 Terry Lane Southold , New York, being duly sworn, depose and say that: On the 12/ day of September , 19_99 , I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon in property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for -seven days prior to the date (79 o�(f� the subject hearing date, which heari date was shown to be 30 Sept, 17 ✓_/' (Signature) Sworn to before me this . ;i3 dayof5eeT- ,19 99. 1 NUMAW C. RUTKOW✓M • �y Public, State of New Yd* otary Public) No. 4982523 QmW In �jion Ea�it�a dune 9uityk Co �� � *near the entrance or driveway entrance of my property, as the area most visible to passersby. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 �o��g�FFO(kC� o Gy1 W Z 1 • o4 BOARD OF APPEALS TOWN OF SOUTHOLD September 21, 1999 Re: L. Jerome Variance Application Hearing Date: September 30, 1999 Dear Mrs. Moore: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 In reviewing the Affidavit of Mailings, it is noted that the following landowners were not listed with the certified mailings. It is possible that other landowners in the vicinity were notified for Blocks 1 and 2 instead of Block 5. Please furnish the additional Affidavit of Mailings and certified mail receipts, when available. 70-5-2 (to the west) 70-5-3 (to the west). Thank you. Very truly yours, ZBA Staff Jerome notices required to be sent to the following surrounding lot owners: 70-2-15 70-5-7.1 V o I< 70-5-2 70-5-3�Iw✓J 70-5-24.1 PATRICIA C. MOORE Attorney at Law 51020 Main Road " , = Southold, New York 11971 IE Tel: (516) 765-4330 ! Fax:: (516) 765-4643 I'S 2 P_! 11999 September 15, 1999 Zoning Board of Appeals 53095 Main Road Southold, NY 11971 RE: Lisa Jerome (Hart's Hardware) Application Hearing Date: September 30, 1999 Dear Chairman: Enclosed please find Affidavit of Mailing with Certified Mail Receipts for the above referenced matter. Very truly yours, P v PATRICIA C. MOORE PCM/kk Encls. ZONING, BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x �f, the Matter of the Application of Lisa Jerome (Hart's Hardware) (Names of Applicants) Parcel ID #1000- 70 - 5 - 6.2 -----------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS residing at 2x(-yfW/-,w.e -2>2 New York, being duly sworn, depose and say that: On the 15th day of September , 19 99 ,1 I personally mailed at the United States Post Office in Southold , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official record on file with the Assessors, or ()County Real Property Office � L� for every property which abuts and is across a public or private st eet, or vehicular right-of-way of record, surrounding the applicant's property. (signature) Sworn to before me this 15 day Of September '19 99 MARGARET C. RUTKOUM Nf yPublic, State of Now TO . (Notary Public) No.4982528 a"W in Suffolk GwAll 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 nailed Thank you. Jerome SCTM 1000-70-5-6.2 NAME ADDRESS V/Leslie Hart 170 Jockey Creek Dr Southold, NY 11971 v11NAR Development Corp PO Box 1664 Southold, NY 11971 JIMBO Realty Corp 50800 Main Rd PO Box 1465 Southold, NY 11971 Marion R. King Main Road PO Box 1106 Southold, NY 11971 Mary M. Loughlin PO Box 278 Main Rd Southold, NY 11971 I MAP NO. 1000-70-5-7.1 1000-70-5-24.1 1000-70-2-15 1000-70-1-3 1000-70-1-2 Kr6AR fAwNrl'A,ep J eloficx-A NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: 415,4 Jtmco*eP14 E #,#fh AW,� . DATE OF PUBLIC HEARING: T�iurs, �S�vr• �o, � 999 r 6:5es;0 . Are If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 3 a.m. and BOARD OF APPEALS • TOWN OF SOUTHOLD DoTi3tilkamf. • (516) 765-1809 APPEALS-.f3OARD MEMBERS `Gaard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora s Lora S. Collins George Horning BOARD OF APPEAL TeX' SOUiD ��D FrLED $1r TOWN OF SOUTHOL DA gO TO�4✓11CLEF'cq hT HO MINUTES THURSDAY, JUNE 24, 19 To ern Clerk, REGULAR MEETING A Regular Meeting of the SOUTHOLD TOWN BOARD OF ASF Southold Town Hall, 53095 Main Road, Southold, New York 11971, on 1999 commencing at 6:35 p.m. Present were: Gerard P. Goehringer, Chairman Lydia A. Tortora, Member Lora S. Collins, Member George Horning, Member Linda Kowalski, ZBA Secretary. Absent was: James Dinizio, Jr., Member 6:40 p.m. Chairman Goehringer called the meeting to order. I. SEQRA RESOLUTION: T" �oufl;Ald vas- held at the A. Motion was made by Chairman Goehringer, seconded. by Member. Collins, and duly carried, to declare the following projects as :rfype II Actions (no, further steps under SEQRA) for the following setback, lot area, building length, and/or accessory use projects: #4696 - George and Eileen McGough #4697 - Fred and Mary Milner #4698 - William Lieblein #4699 - Lisa Jerome #4702 - Dan and Madeline Abbott #4703 - Mike Morrison #4704 - James Hunter #4705 - Raymond Mitchell #4706 - Richard Briggman #4707 - Nancy Wellin #4708 - Mark Lieb #4709 - T. Losee #4710 - J. Frazzitta. #4711 - C. Davids. Southold Town Hall O�QSVFFU(K�,p 53095 Main Road P.O. Box 1179 `r' nz, Southold, New York 11971 's1p1 ZBA Fax (516) 765-9064 hone 765-1809 �0Q� (516) PT BOARD OF APPEAL TeX' SOUiD ��D FrLED $1r TOWN OF SOUTHOL DA gO TO�4✓11CLEF'cq hT HO MINUTES THURSDAY, JUNE 24, 19 To ern Clerk, REGULAR MEETING A Regular Meeting of the SOUTHOLD TOWN BOARD OF ASF Southold Town Hall, 53095 Main Road, Southold, New York 11971, on 1999 commencing at 6:35 p.m. Present were: Gerard P. Goehringer, Chairman Lydia A. Tortora, Member Lora S. Collins, Member George Horning, Member Linda Kowalski, ZBA Secretary. Absent was: James Dinizio, Jr., Member 6:40 p.m. Chairman Goehringer called the meeting to order. I. SEQRA RESOLUTION: T" �oufl;Ald vas- held at the A. Motion was made by Chairman Goehringer, seconded. by Member. Collins, and duly carried, to declare the following projects as :rfype II Actions (no, further steps under SEQRA) for the following setback, lot area, building length, and/or accessory use projects: #4696 - George and Eileen McGough #4697 - Fred and Mary Milner #4698 - William Lieblein #4699 - Lisa Jerome #4702 - Dan and Madeline Abbott #4703 - Mike Morrison #4704 - James Hunter #4705 - Raymond Mitchell #4706 - Richard Briggman #4707 - Nancy Wellin #4708 - Mark Lieb #4709 - T. Losee #4710 - J. Frazzitta. #4711 - C. Davids. Page 2 — Minutes Regular Meeting of June 24, 1999 rG Southold Town Board of Appeals #4662 - P. Rushin & Motley. This Resolution was duly adopted (4-0). B. COORDINATION LETTERS: Mattituck Library - Planning Board, Lead Agency/Unlisted Action'Designation and coordination letter (for all involved agencies). Reviews pending. II. PUBLIC HEARINGS: 6:35 p.m. Appl. No. 4685 - VINCENT TORRE. This is a request for a Variance under Zoning Code Chapter 100, Article III, Section 100-31C(2) based upon the October 20, 1998 Notice of Disapproval (updated January 27, 1999) regarding a building permit application to convert accessory barn for retail sales in conjunction with applicant's Art Studio and Gallery, disapproved for the reason that retail sales and a gallery for public viewing in the accessory building is not a permitted use in this A -C Zone. Location of Property: 100 Sound Avenue, Mattituck, NY; Parcel ID 1000-120-3-1. (No appearances were made.) Applicant, by his agent Proper -T Services, Inc., requested a postponement. Motion was made by Chairman Goehringer, seconded by Member Tortora, to recess the hearing to the July 22, 1999 hearings calendar, pursuant to applicant's request. VOTE OF THE BOARD: AYES: Goehringer, Tortora, Collins, Horning.- (Member Dinizio was absent.) This Resolution was duly adopted (4-0). PUBLIC HEARINGS, CONTINUED: 6:38 p.m. , Appl. No. 4687 - PRISCILLA STEELE. This is a request for a Lot Waiver under Chapter 100; Article II, Section 100-26, for a substandard (vacant) lot known as 275 Village Lane (west side), at Mattituck, NY, situated approximately 122 feet north of the Main Road, identified -as Parcel 1000-114-6-5. This request is based upon an application for a building permit and the Building Department's March 22, 1999 Notice of Disapproval which states that Article II, Section 100-25 merged this lot with an adjacent house lot to the west referred to as 15405 Main Road, Mattituck, Parcel No. 1000-114-06-03. . Richard F. Lark, Esq. spoke in behalf of the application. Also present was Mrs. Steele. After receiving testimony, motion wasmade by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. This Resolution was.duly adopted (4-0). IV. AGENDA ITEM: A. Motion was made by Member Tortora, seconded by Member Horning, and duly carried, to approve the Minutes for the May 20, 1999 Meeting. This Resolution was duly adopted (4-0). B. Code Committee Sessions (none scheduled).. _ ., Page 2 —Minutes Meeting held August 18, " 19 Southold Town Board of >eals Appl. No. 4734 - R. Minor Appl. No.. 4730 - C. Donlin Appl. No. 4732 - R. OToole Appl. No. 4733 - V. Carnevale. Appl. No. 4735 - M. Fedele. Appl. No. 4737 - E. Borak Appl. No. 4738 - R. Tapp and N. Ellis Appl. No. 4729 - Mattituck Library variance. Appl. No. 4731 - B. Zorn. C. Lead Agency determination and Negative Declaration confirmed: Appl. No. 4699 - L. Jerome plan, as amended (Hardware Store). II. PUBLIC HEARINGS, Agenda Item II: Unless otherwise noted, each hearing was closed after receiving testimony. The first hearing in the Matter of Ronald Burk, Appl. No. 4726, was cancelled,at request of --.applicant. The Chairman confirmed that the application is noted "withdrawn." 6:45 p.m. Appl. No. 4734 - REGINALD MINOR.. This is a request for a Variance under Article III -A, Section 100-30A.4 (and Section 100-33) based upon the Building Department's July 15, 1999 Notice of Disapproval regarding a double accessory shed structure in the side yard, (and partly in the front yard) at 360 Stephenson Road (Private Road #1, Orient; 1000-17-1-12. Charles R. Cuddy, Esq. spoke in behalf of the application. Also present was the owner, Mr. Minor. After receiving testimony, the hearing was declared closed. Please see written transcript of hearing record, prepared under separate cover by Lucy Farrell. 6:55 p.m. Appl. No. 4730 - CAROLE DONLIN. This is a request for a Variance under Article III -A, Section 100-30A.3 and Section 100-244B based upon the Building Department's May 6, 1999 Notice of Disapproval regarding a carport addition with total combined side yards at less than Code requirement at 910 New Suffolk Avenue, Mattituck; 1000-114-12-8. The applicant -owner Ms. Donlin spoke in behalf of her application. After receiving testimony, the hearing was declared closed. Please see written transcript of hearing record, prepared under separate cover by Lucy Farrell. 6:58 p.m. Appl. No. 4732 - RICHARD OTOOLE. This is a request for a Variance under Article )WII, Section 100-239.46 based upon the Building Department's July 1, 1999 Notice of Disapproval regarding a pool in a rear yard location, at less than 75 feet from the existing bulkhead. Location of Property: 2280 Ole Jule Lane, Mattituck, NY; 1000-122-4- 10. Cathy Mesiano, agent, appeared in behalf of the property -owner. After receiving testimony, the hearing was declared closed. Please see written transcript of hearing record, prepared under separate cover by Lucy Farrell. 7:11 p.m. Appl. No. 4733 - VITO CARNEVALE. This is a request for a Variance under Article MII, Section 100-239.4A based upon the Building Department's July 7, 1999 Notice of Disapproval regarding a porch addition at less .than 100 feet from top of bluff or bank of Long Island Sound. Location -of Property: 1500 Hyatt Road, Southold, NY; 1000-50-1-7. Mr. Camavale spoke in .behalf of his application. After" receiving testimony, the hearing was FOR BOARD AND STAFF USE 7 U dated New Information 7c Z, - 69 I' B - Y- V/1 0- 9 A Z� .................... /7 i PUBLIC HEARING SOUTHOLD TOWl BOARD OF APPEALS THURSDAY, SEPT. 30,1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearing(s) by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, t 53095 Main Road, Southold, NY 11971, on THURSDAY. SEPTEM- BER 30. 1999 at the time(s) noted below_, or as soon thereafter as pos- sible: 6:45 p.m. Appl: No. 4699 — LISA JEROME (HARDWARE STORE). Variances are requested under Article X, Section 100-102 to locate a proposed addition with rear and front yard setbacks at less than the Code requirement and ;und'er Article X, Section 100-103C for a ! _proposed (addition) with extended ! frontage, greater than Code limi- tation of sixty linear feet in this General "B" Business : Zone District. This request is based upon an application -for a building,permit and the Building Department's April 5, 1999 Notice of Disapproval. Location of Property: Hart's Hardware Store, 50000 Main Road and Jockey Creek Drive, Southold, -NY;._Earcel #1000-70-5-6.2 (corner - lot). ' 7:00 p.m. Appl. No. 4724 — JOEL AND MAXINE HIRSCH. Continuation from July, 22, 1999 hearing calendar. This is a request for Variances based on the June 14, 1999 Notice of Disapproval for a proposed single-family dwelling with respect to: (a) insufficient set- back from the top of the L.I. Sound I> Lu at less than 100 feet at its clos- et point; (b) insufficient side ar at less than 20 feet on one side; (c) insufficient total combined sides at less than 45 feet; (d) building height gr_eater than the code ,limitation of 35 feet. Location of Property: North Side of Private Right -of -Way (Private Road #11) extending off the North side of Sound Avenue, Mattituck, NY; Parcel #1000-112-1- 12. The Board of Appeals will at said time and place hear any and all per- sons or representatives desiring to be heard in the above applications or to submit written statements before concluding the hearing. The hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8 a.m. to 4 p.m.). If you have questions, phase do not hesitate to call (516)765-1809. Dated: September 3, 1999 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski STATE OF NEW YORK) )SS: C011,N rOF SUFFOLK) Fu 0j 1 ( ('( S of Mattituck, in said county, being duly sworn, says that he / 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 regu- larly published in said Newspaper once each week for ( week .,9 successively, commen,ing on the of d! YWt4 19 day 3AJ, Principal Clerk Sworn to b re me this % zrt day of 19 91? _49 MARY DIANA FOSTER NOTARY PUBLIC, STATE OF NEW YORK NO. 52-4655242, SUFFOLK COUNTY COMMISSION' EXPIRES AUGUST 31, 61 W NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 3B 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, SEPTEMBER 30. 1999 at the time noted below (or as soon thereafter is possible): 6:45 p.m. Appl. No. 4699 - LISA JEROME (HARDWARE STORE). Variances are requested under Article X, Section 100-102 to locate a proposed addition with rear and front yard setbacks at less than the Code requirement and under Article X, Section 100-103C for a proposed (addition) with extended frontage, greater than Code limitation of sixty linear feet in this General "B" Business Zone District. This request is based upon an application for a building permit and the Building Department's April 5, 1999 Notice of Disapproval. Location of Property: Hart's Hardware Store, 50000 Main Road and Jockey Creek Drive, Southold, NY; Parcel #1000-70-5-6.2 (corner lot). The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or to submit written statements before concluding the hearing. The hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: September 3, 1999. BY ORDER OF THE SOUTHOLD OWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN - By Linda Kowalski REAP rrx4wT ywrjej-Ser6i%Ks NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: 41s,4 DATE OF PUBLIC HEARING: T/urs� �SEvr• 30, i 999 6: vs'wame If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during' normal business days between the hours of 3 a.m. and BOARD OF APPEALS •TOWN OF SOUTHOLD (516) 765-1809 COINER 40% - 13 01 5'iz & 1/AR r (516) 765-1809 OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southola,NY 11971 fax 765-9064 September. 3, 1999 Re: Chapter 58 — Public Notice for Thursday, September 30, 1999 Hearing a� Dear ' ants: 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. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must, be mailed and shall include a map or sketch showing the new location with the setbacks and use noted. Send this . Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, as soon as possible, with thel�map to all owners of land (vacant or improved) surrounding yours, including .land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. Please submit' your Affidavit of Mailing to us by the Friday before the hearing date, with the post office receipts postmarked. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us. 'If any signature card is not returned, please advise the Board at the hearing. You must post the enclosed sign no later than 9/22/99. Post the sign facing the street, no more than 10 feet from your front property line bordering the street. (If you border more than one street or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must remain in place for at least seven (7) days, and if possible, should remain posted through the day of the hearing. If you need a, replacement sign, please contact us. After the signs have been in place for seven (7) days', please submit your Affidavit of Posting to us for the permanent file. If you do not meet the deadlines stated in this letter,;; please contact us promptly. It may be necessary'to cancel your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office Enclosures 1 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPLALS WEDNESDAY, AUGUST 18, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971, on WEDNESDAY, AUGUST 18, 1999 at the time noted below,(or as soon thereafter is possible): 8:15 p.m. Appl. No. 4699 - LISA JEROME (HARDWARE STORE). Variances are requested under Article X, Section 100-102 to locate a,, proposed addition with rear and front yard setbacks at less than the Code requirement and under Article X, Section 100-103C for a proposed (addition) with extended frontage, greater than Code limitation of sixty linear feet in this General "B" Business Zone District. This request is based upon an application for a building permit and the Building Department's April 5, 1999 Notice of Disapproval. Location of Property: Hart's Hardware Store, 50000 Main Road and Jockey Creek Drive, Southold, NY; Parcel #1000-70-5-6.2 (corner lot). The Board of Appeals will. at same time and place hear any and all persons or representatives desiring to be heard in the above application or to submit written statements before the hearing is concluded. Each hearing will not start earlier than designated. Files are available for review during regulate. -:.-Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to. call 765-1809. Dated: August 2, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P.',GOEHRINGER CHAIRMAN By L. Kowalski NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JUNE 24, 1997 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JUNE 24, 1999 at the time noted below (or as soon thereafter as possible): 8:45 p.m. Appl. No. 4699 - LISA JEROME. Variances are requested under Article X, Section 100-102 to locate a proposed addition with reduced rear and front yard setbacks, and under Article X, Section 100-103C for a structure (addition) at more than sixty linear feet of frontage in this General Business Zone District. This request is based upon an application for a building permit and the Building Department's April 5, 1999 Notice of Disapproval. Location of Property: 50000 Main Road (Hardware Store) and Jockey Creek Drive, Southold, NY; CTM Parcel 1000-70-5-6.2. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications or to submit written statements before concluding the . hearing. Each hearing will not start earlier than designated. Files are, available for review during regular Town Hall business hours. (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: May 26, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski romr+�eo� Stf�s� lrxa��'1' oJu^ 401 7TAL NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: 41'SA 6. 1'ecbmc.-, DATE OF PUBLIC HEARING: qlum.) Tune. 14, ►999 �' `�SP.,�. If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing durind normal business days between the hours of 8 a.m. and BOARD OF APPEALS •TOWN OF SOUTHOLD e (516) 765-1809 d 6TS mi r A b DITioN PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 Southold Town Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Att: Ms. Linda Kowalski June 8, 1999 RE: Lisa G. Jerome Application Hearing Date: June 24, 1999 Dear Linda: Enclosed please find Affidavit of Mailing with Certified Mail Receipts and Affidavit of Posting for the above referenced matter. Ver truly yours, PATRICIA C. MOORE PCM/kk Encls. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of Lisa G. Jerome (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 70 - 5 - 62 -----------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING /V'fA residing at Terry Lane Southold , New York, being duly sworn, depose and say that: On the "dXday of V Vr-t ,19q , I personally placed the Town's official Poster, with the date of hearing and nature" of my application, in a secure position upon my property, located ten (10) feet or;closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for- seven days prior to the date of the subject hearing date, which hea ' g a was shown to be 24 June 99 (Signature) Sworn to before me this 9?'b° day of ..T&%rV6_, 19-" (otary PuZ�;���4ORGAREr0.RUfKOWSIO Ily P0116, State of New York No:14982528 ' OwNled in Suffolk County Otttttttt�Ytion E%�,Me 3, .�� J *near the entrance or driveway entrance of my property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of Lisa G. Jerome (Names of Applicants) Parcel ID#1000- 70-5-62 M COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, Margaret Rutkowski residing at Theresa Drive Mattituck, New York, being duly sworn, depose and say that: � On the 2day of June , 19 99 , I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the () Assessors, or () County Real Property Office Southold NY, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Margaret Rutkowski Sworn to before me this 312--t*-' day of June , 1999. Z6 7-, K� - - (Notary Public) PATRICIA C. MOORE Notary Public, State of New York Suffolk County - No. 4861668 Commission Expires June 16, PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed Thank you. Jerome SCTM 1000-70-5-6.2 NAME Leslie Hart NAR Development Corp JIMBO Realty Corp Marion R. King Mary M. Loughlin ADDRESS 170 Jockey Creek Dr Southold, NY 11971 PO Box 1664 Southold, NY 11971 50800 Main Rd PO Box 1465 Southold, NY 11971 Main Road PO Box 1106 Southold, NY 11971 PO Box 278 Main Rd Southold, NY 11971 MAP NO. 1000-70-5-7.1 ✓ 1000-70-5-24.1 1000-70-2-15 r 1000-70-1-3 1000-70-1-2 1-'.. PUBLIC HEARINGS. SOUTHOLD TOWN , II�SBOARD OF APPEALS 7:30 P.M. MAITITUCK LI- J, BRARY. Requests regardingprop- WEDNESDAY,` •'•;� - 1 erty; located at',•13900 Main. Road z AU,GUSTd8,1999. ` ; f ,(S.R:25); Mattituck,.NY; Parcel-No:r , NOTICE, IS:IiEREBY,GIVEN, ° 1000=3Z M-2 forFthe•following:. STATE OF NEW YORK) pursuantto Section 267 of the;Towtt • «.,APPI: No;.i4725 "" Special:; I : Law and the_ Code;of.the Town of Exception''under. Article -:VII, )SS: Southold,"the following applications. Section :100-718(4) ':to eicpand COUNTY OF SUFFOLK) beheld.for public:heazirigs.by„` library use, (addition);- , :.,,. 'ttie•SOUTiiOI,D.TOWN$OARD„' Pp of Mattituck, in said A L-,No,:"4729 Variance = `OF ,APPFALS ii"."' e; Town Hall;.1 w I Art_ic1e:VII; Section 100.72„ 53095; Main,.,Road; .Southold, NY regarding ,.poilionrbt `addition _ county,bein dul SWOrri, says that he / she is 9 -on ,:WEDNESDAY.' AUg y QQQ:at',tlnir tinies'noted''' which �yill' be less ahao i.).S: feet ' 'GusT-is.: t a. fronithe roe line. PrinCi al clerk of THE SUFFOLK TIMES, a below: or assoon.Wer eras s- ; easte�lY p P p ( f . p° ; :7:45` m.,,A t N weekly newspaper, published at Mattituck, in Bible)... ,.:.:.: .�,�,,L,:`.,: �. P• PP.. oj4731BOB 630" P:iiir Appl ";.No.' 4728.'- { `; BIE'ZORN:,This isEa request fora , COLirity Of Suffolk and Variance. undek''Arficle•IVII; Sectjan ' the Town of Southold, RONALD BURK :.a•requestt 82,"•Based - nahe`June24,.j999': . .., „ upo ..: for a V";icC;UlidCi Ard�l "kXV State of New York, and that the Notice of which V. h , Notice bUlDiiii0i vaknegarding.an':' Section ;100= based: u on the'.1: pP g L the annexed is a printed copy, has been regu- t '. •. P, a Gcation iga;buildin ' rmtt•;to' ' Building Departmeat's;Jdrie 15;:1999 ; move itna:ettttch-the;maigbutlding` Notice. of Disapproval.'regarding a . ,. i larl published. in said Newspaper once each amok"'deck-eidonsiqu with -,hot tub', to'au`>accessory.building !(fiarn); y under Article,VllI,ySection 100-82; weeks successively, which will.', exceed lot coverage', = week for new construction will create a; single : ' a limitations. 4%cation - of ;Property:. :': da 145 Hickory ,•- Road; Southold— ' . , st.iictur•e, with a. single-family as a commencing ori the (oZ y principal use'aid.building; at a set- L 19 CoutityTaz Map.Parcel #1000-54-9= Of u51 • back, less ,ahad:20 �• L,1rom :,the ` s 6. J" ; = . '• "; southerly property line: Location of Appl,:'No:. 4734 — property:•475'Main Road (S.R.25), REGI LD ;, NINOR: Th'iS . is a' NA, Greenport;':NY;"�County:Tax Map request -fora Variance upder.A &161 : `Parcel #1000- 4-22.,Zonei Limited Principal Clerk IIL-A;'":Section, ",400-309.4 ;: (and ; •. , _ , tSectioiP-100=33)" ti�sed,upon A eF `'Business.(LB)t:'-;i:: . F.=' " 8:15 p.m Appl: No. 4699 -LISA . _ Building Departmeni's'July 15,1999- ..; dEROME ?- "•; {HARD.WARE' Notice; of Disa royal ire rdin a-' :: Sworn t0 befOr e this �LP ` Pp. �. g 'STORE).,, Vpriances;-are requested` �!double occessory. shed _structure,.in> :Y�der Article'X;.Section400-102 to'' da Of �% . 19 99 ` and aril atfie fro t y t4esideyard;(` p Y,_.. - , n' "`-locate?a:• ro os6d,"additiop.,with 'yard): et .360 -'Stephenson”- Road - P P MARY DIANA FOSTER (Private. -.Road .Yl), Orient, NY; . reduced. real ='er' front "•yard set- :� �j r NOTARY PUBLIC, STATE OF NEV YO Rit Count -Tax 'Ma Parcel #1000-54:1?- : ba ks "and under Aiticle X ,Section �4� ” Y P _ � NO 52-4655242, SUFFOLK COUNTY 100-103G':foraproposed- addition'. 1 g'l7^'���� . f .. - , -- r with extended frontage;greaterthan CO`;,1"RISSION EXPIRES AUGUST 6:40'p.m.App1. No: 4730 _CAR —OLE DONLINtiThis is a request.foc the -Code limitation of sixty linear_ a' Variance;-undei -.Article III -A,17, teat in the General' "B".Business -` zoneDistrict: ,This request is•based"•;: ; Section 100-30A3'and,` Section 100 "` ';; . . 244B .based 'upon ,the aBuilding,, j upon ai application for'a'liin ng De artnient's May 6,1999 Notice of -� ,,:`permits;.•:; the Building - Departmettt's:Aprii.5;1999Notice. .1 Disapproval regarding a, carport,., '7;of ='.=Disapproval;." - Location of ' s;. pdditiogrlff i, tptal _mbiu¢d side_' Property: Hart's -;..Hardware. Store, 4F; oras afless,thaw - e equirement,.:" •50000 Main'Roid and Jockey -Creek at^' 910"a:New .`S;uffolk: .-Avenue,-, Drive; Southold_,NY; Parcel #1000-' ', Mattituck,NY, Parcel #1900-114-12- 70-5.6.2. 6:45 pmt_:' Appl: No:';:.4732::— > Si30. p,m.'Appl: No. 14724 1 `•RICIJIA=O(POOLE. This:is.a 1 JOEL'AND-MAXINE::HIRSCH.,j -,.request fora ariaace under.Article .` : : Continuation 'from 'July"22;' 1999 .Z'XXXIII;; Section'�100-239.4B.`based hearing`calendar) This.`is'a request: ' "iipot ? the Building' Departnert's for Variancesaiased on the June 14, f'•''.:Jul ; 1;x,,999; Notice<oYDisa ,,oval ? �' '1999; Notice of Disa y pp , pproval'for a- ... 'z'z.=:regarding'a'pool,ln:a reer.yard.loca• i a proposed - single family'' dwelling-- :: aT-less: than',75 feet; from the ,with .respect to; (a) insufficient. Jexistitig r bulkh'ead.`� Location'; of = ='' back4roffi the ;top'of the.L.I: ; ound , `Property: ,2280' -Jule,--Lege;r, !, ,jljpQat less than'100 feet 'at -its clos- ;• Mattituek;-NY;i Parcel'#1000-122-4- ' 'est poinf; (b) inspffici6nt'IWe, a at ,. leis. thin 20 feet•'on oge'side; (c); -:,655 PP m. Appl: No. 4733-VITO, :,� insulficient total'combined sides at,, CARNEVALE.•This is a're'questfor :" "less,"than 45'feet; (d) building Height . a%. Variative;'under--Article XXIII,' J" lip to 45 Mliuitead of the cgde7imi- Sectionj100=239.4A. based'-upcq the �'! tatioa: of. 35 ''.`f I:ocation. of t Building' Depai2nient's fitly: 7: 19�`.' ! Pro , erty:'- Noith .: Side: "of•' -,Private Notice ;of:Disapprovah;regarding'_'a� ` �q "Rig yay.,?(private_ Road Oil)-. F'porch`<addition•at:less;than",100.feet :.. exte4ding ott;`ttie':-North;side of. 6rom_to o[:b1uH or hank,ottLong'; t :Sot nd-':Aven e,, Mattituck, NY; P .rya s:lsland Soond._I ocation`ofi�roperty:: .Parcel #1000=x12=1-12.`:; 7y 1500: Hyatt' Road;`,Southold; NY;r=Board of, Appeals`. will at L, Parcel #1000x50 1=7:; 9 sameYime and place hear any and all 7:00 i'p,m: `Appl. No: `4735peisons'or:representa6'6s .desiring; MICHAEL FEDELE. ` This , is a to be heard in the above applications t?.'request; for: an:Lot::Waiver under.- ;•• or- ro-'sutimit written statements Article II,' Section? 100-26;' based, before the' hearing:: is "co'ncluded.' upon the Building •Department's !rEach. hearing will' not"start'earGer . May'26,1999 Notice of Disapproval•;` Wan•designated:'1?iles ora available regarding . lot -referred "to: as 705 for review duitng regular, Toyvn Hall Fanning Road, New:Suffolk; County .tt+, business ,Hours: (8,4'.p.m.).,:If you •_Taxy.Map'Parcel.-#1000117-4-24,-. have questions;"please do-not'hesi- merged pursuant'to Sectiom100-25A" ' fate,to ca11765-1809..'. k: 'with -,an adjoining parcel referred to� Dated--August'l; 1999:'' < as 625 Fanning;Road; Ne; 'Suffolk; �' s *" a: gY-pRDER'OFTHE a •NY;• Parcel #1000-117=4 23:':• ^M' ; SOUTHOLD TOWN - ;' t fore"a..Nari,`OA' _R'7:14i`p-d'h-'%APpI:'Not'-4737 ' OFAPPEALS ELYSE'BORAK'This ;isa-request` CERARD,FGOEHRINGER°iI, ; ''IVCHAIRMAN,,an6e,.dec-Aficle'XX Secion.100-244.tiased;upon�:theJuly' - ByLiCoalski x`;21;`1999-,Noti&e `Of:,Disapproval 18054TAu12'" 'regarding a pioposed,a iddditionwith a ` +`combined &e yard setbacks of less, thad,35 %et:zLocaiion'of Property: ' 8045=Xeconic` 'Bay ' Boulevard, t -Laurel: NY;;Par4e141000- 0-9-14.1: <<"°:7:20"piai: t"Opl.,No: . 4738.— I' ROBERT.'TAPPtu- d:NICHOLAS L, BC IS: °;Thi$ Asst.%; request'. for a i .1 ariance,+ :utidde..,.� Article ,•: JCXIV, i'Section 100'244 basediupon,the July: 20,{:199,91,No`tice V'of'.Disapproval I regarding; location of`a 'proposed garage in a front.yard at less than 40. ' Leet at -275 West, Road, Cutchpgue, NY; Parcei #1000-110=7-11:1.: ��(IJ/ (.V'Gb :k/ 301Ed w.......... .. �.. ........... rsea w nou Moi oiz O 'Zti-Zfi uoljaaS . oid ;o . i of 3uaiai;nsuI (9); K ($)"Zti�Z6;;uolloas .bpi ^ ;Iaaiea aCotto3';R4?ias ns mau ol a: P P, - . q�Ea" uo �u ahi '�i ; era $ms q : P . P 13 I ;�[iiiaun alaq=st plotlinoS4;o m t A auo;:ib;.°B.pne _Iaoied,pasoddid =lo='aPodZg3,;o N(oE j gaea io3'�!}P►ni, io:�l:luaunsul',($) ;pusaalsiya ` abtde a%13Qf0ad uols �r . erty,'line, at' 215 Green Hili l ane, :.:�Eastein Shores -Lot 123; Greeri� ort; STATE OF; NEW YORK) Nice11006=jXI-48:' )SS: 8c10 p.m,:Appl.' ,No: '4698: `= -WILL•IAM-. LIEBLEIW-" ina ' COUNTY OF SUFF(�I fK) BUDD'S _)BOND REALTI':° Vari. of Mattituck, in said ances �are,requested:for•'lo`t area`of 35;Ooot sq:. _ft.,=lot depth'of 1001 ft.; county, being duly sworn, says that he/she is rear yard at- less than 25 feet"land - scape ,area at- less�than • 20%,; and Principal Clerk Of THE SUFFOLK TEWES, a building;height•at•3d:5-feefiR this M - II >_1lfarine Zone• :District: TThese , weekly newspaper, published at Mattituek, in repests_are based upon -an applica` ; the Town of Southold, County of Suffolk and tiou t bf atbuildig6 permit td - con= State of New York, and that the Notice of which struct' boat �storagerbuilding-facility andAthe~.,Building-' Depattment's the annexed is a printed 'copy, has been regu- March : 23'-4999 --',Notice'-,. `of DisaPProya`" , lar)Y Published in said Newspaper once each Sectionfl1y `121�.and'1001'12 `La week for i weeks successively, cation of Property:629n 'and•62945 Maid Road, Southold','NY;'Paiceli commer�cing on. th day N6:1000-56 4-11, and1(� -APp1,;. o.'.4662' Of t�J 19 PATMCIA:RUSHINt& PAMELA MOTWLEY.=-vaiiances are 'ie'quest-. edlunder Article III, Secti6ns'100-' �► (-0 32;_',i00-33,'''and`,Article. ?XIII, Principal Clerk > .Section -100-235A(2) based upon•the December 140,-:` 1998 •`Notice 'o'f Disapproval in this'pending sulidiyi- Sworn tobefore me this sion•project for; =(a) Insufficient lot width for:each da Of 19 props'sed°Parcel-A'and.B'for`one day-),, �n� MARY `'CfANAFOSTER single=fainily� dwelling use..:ori each ` �/ � / 4 NOTARY PUBLIC, STATE OF NEW YORK (s)Insufficient aot`area' of proN0.52-4655242, SUFFOLK COUNTY ,posed`Parcel �A; . ;':: : ; °' "' '. ! COMMISSION EXPIRES AUGUST 31,19 7 t.KY (cj"Insufficientside yards for each . proposed i'a'cel.`A and B; : i (d) Insufficient total'; side - yards lof; ich pioposed Parcel A and B; - ?a I s•,, -with Paicel `B`�L-"with ; -, !fib.safe and con,venienf access' t (f s6structure on? arcel beatioq•?of 'Property:;.6850 Indian ) ..Neck L ane;= Pecomc •"NY;" County • Tax:=Map Parcel 1000-8g-7-5.,,(cur rentsize:,3:43t'acres).". �'i;:;,`i-. u 8:45 p:m: -App)' No 4699'- LISA' t JEROME; Variances. are requested unda'Article X; Section 190-102 to Y } locate,,, proposed"additidnf with i reduced:'.rear•:and'.fiont`yard .-set; backsi,and under.,Article X Section 100=1036for a `stracture'.(iddiiion) Eat'-more;Ahan sixty ihiiii• feet -'of upolr'an Japplication 'for; a''liuilding permit -= 'and `.'tlie Building Department's ?ipiil 5 1999-' Notice : Dsapp 5000 L'o. cation `:;-of - Road. '. (Hardwaie Stored and`JocTkey Creek ` ;Southold,,"NY;�`CIVI'Par'cel• .:1000-70=5-6� ' - _•- _,;;;:=; :. :.- , p:ii%. ?.ppl`'No"`471'0 :.. aproposedaessorybc2ildirigai'less: e, e requiremenfof 731661 froni;tlie,ead,"end at 1ess;than, : 11.,6=4011 setback' c'driditioni proyided underrZBA=:App1' 1Vd: ;4570'"dated June 23,1998;4Ldeation of Property:' Ir -:1420:Inlet-Way„Southold;'NY;,C�"Tivi;- „-� f;Parce1F1000 =..>rw=>=.,....>._f•::.�:: I . The Boardof Appeals will at said, i d” is place_hear'any,and all per=' sons:: orrrepresen[atives:`desiring 'to ar. r ! bg=liea�d, in='tlie ali3vegapplicatjons'. O1 °t0: Sllbg}it _.:wiit.9 .state en`ts, ore:cdnclu'dyng thelearing; Each.: •- hearingxwill'`-ngt,stait`earGer`than"... designated;.Files" are avaiiable''foi r: review, -during regeul ; TQwiiHall - business. hours r(8-4 p; * '- ;It;.y 4..` liave� u6stions; leas $,.- P e do. not; liesic -. takei6 44(516) 765r1809.M';, 'Dated:.May 26;'1999'; ' THE:. . SOIJTHOID:TOWN,• ': BOARD OF:APPEAI S,. GE.RARD:P `GOEHRINGER' -. ti ::: ,r is <% ,• - - ; , .CHA_ IRMANx, By Linda Kowalski" ;__ 1.725- - - OFFICE OF ZONING BOARD OFAPPEAL5 53095 Main Road Southo/d, NY 11971 {516) 765-1809 fax 765-9064 May 27, 1999 Re: Chapter 58 — Public Notice for Thursday, June 24, 1999 Hearing Dear Applicant: 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. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be mailed and shall include a map or sketch showing the new location with -the setbacks and use noted. Send this Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, as soon as possible, with the map to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. Please submit your Affidavit of Mailing to us by the Friday before the hearing date, with the post office receipts postmarked. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us. If any signature card is not returned, please advise the Board at the hearing. You must post the enclosed sign no later than 6/17/99. Post the sign facing the street, no more than 10 feet from your front property line bordering the street. (If you border more than one street or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must remain in place for at least seven (7) days, and if possible, should remain posted through the day of the hearing. If you need a replacement sign, please contact us. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting to us for the permanent file. If you do not meet the deadlines stated in -this letter, please contact us promptly. It may be necessary to cancel your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office Enclosures Southold Town Board of Appeals -16- May 12, 1977 th ardship created is unique and prope 'es alike in the immediate in the sa use district; and the character of a neighborhood, an the Ordinance.' On motion by Mr. Ru-Jsse, sec would not be shared b 1 vicinity of this pr erty and variance will n change the d will obsery the spirit of Mr. Bergen, it was RESOLVED, Constantine e V1 ly, 605 Maple Lane, Mattituck, New York, be GRANTED permis 'onconstruct tower exceeding maximum height, Maple La , Mattitu New York, as applied for, subject to the follow' g condition: The tower all be no higher than 50' shall be locate n the easterly side of the.ap:od li nt's house. V e of the Board: Ayes: - Messrs: Gillispie, ergen, Hulse, Gri nis, Doyen. PUBLIC HEARING: Appeal No. 2273 - 9:20 P.M. (E.D.S.T.) upon application of Leslie Hart, Hart Hardware, Inc., Main Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-80 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property:. Main Road and Jockey Creek Drive, Southold, New York, bounded on the north by Jockey Creek Drive; east by Ellis Terry; south by Jockey Creek and Ulrich; west by Main Road. The Chairman opened the hearing by reading the application for a variance, -legal notice of hearing, affidavits attesting to its publication in the official newspapers, notice to the appli- cant, and disapproval from the Building Inspector. The Chairman also read statement that notification by certified mail had been made to: E. M. Terry; Ulrich Marine. Fee paid - $15.00. THE CHAIRMAN: The application is accompanied by a sketch indicating the layout of the buildings on the applicant's property. The photostat of the Tax Map indicates that this property is on the corner of Jockey Creek Drive and Main Road. It consists of, according to this sketch, about 38,000 sq. ft. which the applicant proposes to divide in two, make two 19,000 sq. ft. lots. Is there anyone present who wishes to speak for this application? RUDOLPH BRUER,' ESQ-: I would like to point out to the Board that Mr. Hart is the sole owner of Hart Hardware. He presently. owns the complete premises, or the corporation does. The premises were bought in two separate parcels, I believe in the early 1601s. The first part was the business back in 1964 which is on the Main Road and Jockey Creek Drive. The second part was bought with the building thereon as an office, it was an office and is now a �vJ iry,✓ 4 i Southold Town Board of Appeals -17- May 12, 197' residence as is shown in this sketch. I don't know if everybody has a sketch: What we have now is that the Ordinance, #1 we have acre zoning and we have now "C" zoning and cumulative zoning. We have a piece of property that's approximately 38,000 sq.. ft. which is that way because of merger. It is in the corporate name. Mr. Hart's house is on the premises and the two buildings are connected. Now, that sketch is incorrect in that. My understandinc is that it's a one -family dwelling and the two of them are together There's one single kitchen. THE CHAIRMAN: If the kitchen was here, it'd have to be moved. RUDOLPH BRUER, ESQ.: Absolutely. We'd have to conform to the building permit for the structure that is added on there and it is to be a one -family dwelling only. THE CHAIRMAN: When was this built? RUDOLPH BRUER, ESQ.: The addition? THE CHAIRMAN: No, this one here. The main one, the big one. RUDOLPH BRUER.. ESQ.: That I believe is an addition because of the connection. THE CHAIRMAN: Because I don't think he came into us. RUDOLPH BRUER, ESQ.: He didn't have to. He couldn't get a building permit if that was going to be two separate structures. That is, according to the Building Inspector, one structure and that's all it can be. THE CHAIRMAN: Was this used for a residence? RUDOLPH'BRUER, ESQ.: It is, yes. THE CHAIRMAN: And it was? RUDOLPH BRUER, ESQ.: We can ask Mr. Hart. Mr. Hart, the smaller building, that was used as a residence, is that correct? LESLIE HART: Yes. RUDOLPH BRUER, ESQ.: It's non -conforming which is what we have here. In other words, we have a non -conforming residence in the commercial zone with a business. What we're asking is that the business be separated from the non -conforming residential property in the existing zone. Up until the cumulative zoning, assuming you had the other area, there wouldn't have been any problem as far as that goes. You have the "C" zone now and you have all the additional requirements of side yards and rear yards, etc. Southold Town Board of Appeals --18- May 121 1977 THE CHAIRMAN: How deep is this "C" zone here? RUDOLPH BRUER, ESQ.: To the end of our property. THE CHAIRMAN: Over to Ulrich? RUDOLPH BRUER, ESQ.: Ulrich has it too, yes. That is all "C", 100%.. See, the basic problem .is that you have one piece of property here that is owned by a corporation of which there is a residence on it. We want to be able to separate a business from the residence. My understanding, we've gone down that street many times, the provision as to the size is approximately whatever the rest of the property on aockey Creek. Drive is. It's not inconsistant THE CHAIRMAN: No, it's just an unusual situation. RUDOLPH BRUER, ESQ.: It's an unusual situation of zoning. THE CHAIRMAN: And really, the addition out=classes the original house. But this is all going to be part of all one house. RUDOLPH BRUER, ESQ.: Part of the house is a showroom. THE CHAIRMAN: This will be used for a showroom? RUDOLPH BRUER, ESQ.: A little bit of both, I guess. It would be foolish not to use it, it's not completely necessary to the total dwelling. THE CHAIRMAN:' The kitchen will be over here? (on. -map) RUDOLPH BRUER, ESQ.: Mr. Hart, the kitchen will be in the larger part of the house now? LESLIE HART: Correct. THE CHAIRMAN: I think that's our main concern, that there isn't any attempt to get two families. RUDOLPH BRUER, ESQ.: I think Mr. Howard Terry would be very much concerned. He's expressed that view to me personally. (Mr. Hulse. conferred with the Chairman.) THE CHAIRMAN: Mr. Hulse brought up the point that this could be sold off -to somebody else and used commercially. RUDOLPH BRUER, ESQ.: Yes, it's always been commercial. FRED HULSE, JR.: It's been one commercial. 5 Southold Town Board of Appeals -19- May 121T 1977 RUDOLPH BRUER, ESQ.: It could be used for two businesses, you could lease it off. You could have a 99 -year lease if you wanted. THE CHAIRMAN: There's no intention. -.of ever selling this other lot, Mr. Hart, with the house on it for business purposes? LESLIE HART: No, we're going to keep it residential. THE CHAIRMAN: Would you be willing to have us put in a condition that it can be used only for residential purposes except for .the one --story, framed office? RUDOLPH BRUER, ESQ.: I don't think that would be proper. THE CHAIRMAN: I don't think so either, I'm just asking. RUDOLPH BRUER, ESQ.: Because you're really changing the zone by putting that restriction in. THE CHAIRMAN: But Mr. Hulse brings up a point here.. I think the smallest lot in the "C" zone is supposed to be pretty big, much bigger than this. RUDOLPH BRUER, ESQ.: Absolutely, that's why we're here. That taken together probably isn't as big as it should be. I believe you're supposed to have, what, 80? THE CHAIRMAN: "C Light" is 40,000. RUDOLPH BRUER, ESQ.: I think we're here on every part of the Bulk Schedule except for the dear pard requirements. FRED HULSE, JR.': You could end up with two businesses where now you only have one. RUDOLPH BRUER, ESQ.: Yes, but as far as practical purposes.... it's existed prior, it was two lots. THE CHAIRMAN: Essentially, these are business uses and not industrial. RUDOLPH BRUER, ESQ.:, Correct. The thing is, you're talking about creating another business in the area. Assuming you left'it alone, it could be leased off, we could sign a 9'9 --year lease and have two separate businesses. But it's a practical matter, there's a brand new house there, a house that was built for residential purposes. You're correct in your theory, but I'm just saying that I don't think it would be proper for the Board to ultimately talk about 4oing down the road a couple of years in terms of restricting the use. I think it would be improper for you to do because you'd i be, in effect, doing a change of zone. _ 0 Southold Town Board of Appeals -20- May 12, 1977 FRED HULSE, JR.: By doing what? RUDOLPH BRUER, ESQ.: I think by saying that it could only be used for residential purposes. We're only there as a residence by non -conforming. In other words, if that premises was ever stopped being used as a residential house for two years or what- ever the Ordinance says, we'd be out of business anyway as a residence because we'd lose the non -conforming use. It would revert back to "C". THE CHAIRMAN: The only point Fred made is that this could, conceivably, yield two small "C" lots. RUDOLPH BRUER, ESQ.: You could do that anyway. In other words, if this was, if you just had the business ... FRED HULSE, JR.: No, you couldn't. You've got one. commercial lot right there. THE CHAIRMAN: No, but if you divide it now. RUDOLPH BRUER, ESQ.: You could effectively divide it by a lease. You're talking about a typical situation where you have one business and there was nothing there. There's nothing there, you could never put anything there. But now we do have something. There's nothing in the Ordinance, in my understanding of it, to restrict Mr. Hart from leasing that, in effect having two businesses on one lot. We could throw out a 99 -year lease. THE CHAIRMAN: The odds are in favor of this remaining as it is. I would be inclined to vote for it. FRED HULSE, JR.: Don't get me wrong, I'm just pointing out something, I -'m not against it. THE CHAIRMAN: How long has the hardware store been there? LESLIE HART: 15 years. FRED HULSE, JR.: It should have been zoned for business, they probably just evened it up to the corner.. THE CHAIRMAN: Anyone else wish to speak? Anyone against? (There was no response.) After investigation and inspection, the Board finds that the applicabt requests permission to divide property with insufficient width and area, Main Road and Jockey Creek Drive, Southold, New York. The findings of the Board are that the applicant wishes to separate the lot*from corporate title and place it under individual title. Southold Town Board of Appeals --21- May 12, 1977 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the Immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, -and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED, Leslie Hart, Hart Hardware, Inc., Main Road, Southold, New York, be GRANTED permission to divide property with insufficient width and area, Main Road and Jockey Creek Drive, Southold, New York, as applied for. t o oo -v c -.5=. 7 -y- 4_ Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2277 - 9:40 P.M. (E.D.S.T.) upon plication of Henry Stelzer and wife, Main Road, Pec ic, New Yo for a variance in accordance with the Zoning Or nance, Article I , Section 100-30 and Bulk Schedule for per 'ssion to set off lot with insufficient width and area. Locat' n of prop- erty: North de Main Road, Peconic, New York', bo ded on the north by A. Ste zer and M. Harris; east by Pille south by Main Road; west b F. Stelzer. The Chairman ope ed te hearing by r ding the application for a variance, legal n ice of hearin affidavits attesting to its publication in the oXh pers, notice to the appli- cant,.and disapproval froing Inspector. The Chairman also read statement that n by certified mail had been made to: Antone Stelzer telzer; Mary Harris; Thomas Pilles; Frank Stelzer. F15.00. THE CHAIRMAN: TX application is ccompanied by a sketch indicating that the pplicant is the own of a plot 277' on the Main Road in econic with a depth of 1 ' on one end and 170'+ on the o er, easterly end. The appli on two-story framed house 's located approximately 40' fro the right-of-way of 16-1/2' n the westerly border.of the applic is lot. The house is 4' from the Main Road leaving what appe rs to be about 200' of vacant land between the Stelzer house and he neighbor to the a st who wishes to enlarge his lot. Is there a one present who ishes to speak for this application? MRS. STELZER: We own the lot. THE CHAIRMAN: How much did you want to sell? SITE PLAN FOR HAR TS HARD WARE JO C, SITUATED AT -Y r/� SOUTHOLD T ° AA d - �K //J' TOWN OF SOUTHOLD 44 9 005039 EDGE OF PAVEMENT ° SUFFOLK COUNTY, NEW YORK 19 ° y CONCDMo ° DRAIN S.C. TAX No. 1000-70-05-6.2 dw N 90.00' SCALE 199 Q, �� A O e iii FEBRUARY 19, 1999 FREEDIA MARCH 25, 1999 ADDED PROPOSED ADDITION A 2, I a AUGUST 5, 1999 REVIS; (_ o AUGUST 13, 1999 REVI °0 31999 I ,oa �� 12o - AREA = 20,264.2 (TO TIE LINE) 0,465 ac e 6 ° U 17. 91, Ci N Q O CN ix- �. 4 o cc 0 �6' 23.2' C ` ° + DOOR ° TREE 0 DOOR11' DIA. 31.7' C— ED MF F o + r Z s r ° .�Nc ° > CONC• SIGN ° i J 0 v O d 3 < 3 23.4' 1titi0p d I'1 � � 1s.3• � � w Es ' X" ► ° DOOR o DR��p CESSP COVER �L o� d w m / N w GEIL o e j o AR ENTRANCE WOOLA T. oC. En 41.6 a W Y d ► D ►<) ' 30.0' O ? e LLlo / c P . u - f EX'ST7NG SToR4GE o I V ad FRAME STORY NG �i 0 23.5'p ° EXISTING STORAGE 9P� W 4 > DRAIN > 46.2' Top I P ° P4 I °' f > ° HIGH WA F A" R 79000 , N °,150 ff R PAVEMENT 0�'N. �2, PIPE 8ULKH�p Q o JO V h'AR DEVEiopMENT� 02.00' S CORP%TIC�r S �v �O CERTIFIED TO: LISA G. JEROME NOTES: 1. SITE PLAN BY EAST END DRAFTING & DESIGN. 2. THIS PROPERTY IS IN ZONING USE DISTRICT B: GENERAL BUSINESS. FRONT YARD SETBACK: VARIABLE REAR YARD SETBACK: 35' SIDE YARD SETBACK: 25' (50' BOTH) LOT COVERAGE: 30% 3. PARKING REQUIREMENTS RETAIL PARKING = 1 SPACE PER 200 sq. ft. OF GROSS FLOOR AREA. RETAIL PARKING = 2,200tsq. ft. / 200 = 11 SPACES EMPLOYEE PARKING = 4 SPACES TOTAL REQUIRED SPACES = 15 TOTAL PROVIDED SPACES = 15 LOT COVERAGE DATA DESCRIPTION AREA % LOT COVERAGE EXISTING BUILDING 2,379 sq. ft. 11.74% EXISTING GARAGE 576 sq. ft. 2.84% EXISTING SHED 100 sq. ft. 0.49% PROPOSED ADDITION 1,000 sq. ft. 4.94% TOTAL (EXISTING & PROPOSED) 4,055 sq. ft. 20.01% PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEE Joseph A. Ingegn Land Surveyor •... o�&FH A. IAC ,q Title Surveys — Subdivisions — Site Plans — Construct L. ].,t( o PHONE (516)727-2090 Fax (516) .( OFFICES LOCATED AT MAILING N.Y.S. Lic. No. 49668 One Union Square P.O. o� A1r.%nl Aquebogue, New York 11931 Riverhead,' `1� I