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4649
-._ _ _ __ _ f /s(!��"iC'�i�f" i� le�c��,i aP� e/�.f�'iifio'e�'/�i,�� �S�,b�i�f�1-��' APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman y James Dinizio, Jr. y ` Lydia A. Tortora W� Lora s, Collins George homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 4, 1999 App l. I. No. 4649.—PLANNING BOARD OWNER: TFG ACQUISITION CORP. PARCEL 1000-45-1-12 STREET & LOCALITY: 60465 Main Road, Greenport DATE OF PUBLIC HEARING: January 21,1999; February 23, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 The subject property is located in the Limited Business Zone District containing approximately .32 of an acre. The property is improved with a brick-facedframe building, with storage and refrigerator space attached at rear, and a connecting seasonal snack bar and game room, making a total structure of about 6900 sq. ft. At present, the area formerly used as a restaurant is being used as a gift shop, and the area'fonnerly used as a bar and cocktail lounge is unused. In the past, the following Certificates of Occupancy have been issued of record: (a) #2624 dated June 14, 1960 for an amusement enterprises/archery range; (b)'#3239 dated August 28, 1968 for a restaurant business building; (c) #1236 dated January 23, 1962 for "business property with accessory building". (d) temporary #3055 dated April 22, 1968 for a restaurant business building; (e) Certificate of Compliance No. 1977-2 dated July 18, 1977 for Drossos Lounge for an occupancy of 252 persons (232 auditorium and 20 Standees); (f) Place of Assembly Certificate (temporary) for a Lounge Establishment dated July 6, 1990 for an occupancy of 49 persons BASIS OF APPEAL: The owners of the subject property applied to the Planning Board in May 1998 for a waiver of site plan approval for renovations to the property. The owners stated that a "bar" was part of the renovations, and were told by the Planning Board that a' bar is not a permitted use in the LB zone. Owners subsequently applied for site plan approval. On 'November 4, 1998, the head of the Building Department sent a memo to the Planning Board stating that: (1) the Building Department considered the project to be a renovation that would, among other things, add alcohol service accesssory to food service; (2) alcohol' service is a Page 2 — Appl. No. 4649 Re: Planning Board Appe'~')rossos) ZBA Decision Rendered Mai0 4,3999 Permitted accessory use at restaurants; and;(3) the Building Department,await€d aetion,on the site plan before moving ahead on a building permit. In a memo from the Planning Board Chairman to the Zoning Board Chairman, dated December 16, 1998, the Planning Board asked this Board for an interpretation of the Building Department decision set forth in the November 4 memo, and stated the Planning Board's view that the renovations would result in a "drinking establishment" which is not permitted in the LB zone. In testimony before this Board on January 21, 1999, the Site Plan Reviewer, speaking for the Planning Board, stated that the Planning Board is appealing the Building Department decision that the proposed alcoholic beverage service is a permitted accessory use. This Board is treating this proceeding as an appeal of the Building Department decision regarding alcohol beverage service as a permitted accessory use. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) This Board received testimony from: (a) the Planning Board, in the form of the December 16 memo referred to above and testimony at the January 21 hearing; (b) the. Building Department, in the form of a January 20 memo from the head of the Department and his personal testimony at the January 21 hearing; (c) the owners of the subjectproperty; and (d) the owners' architect. Board members also visited the property. (2) According to testimony received, the Planning Board determination that the proposed renovations will result in a non -permitted use rests on the use of the terms "bar" and "tavern" in communications by the property owners, their advertisement of an upcoming "lounge," and the allocation in the renovation pians of substantial space to a -bar, dance floor and, small tables. (3) The Code in section 100-13 defines "restaurant" as a place where food is commercially sold for on -premises consumption, and "accessory use as a use customarily incidental and subordinate to the main use on a lot. This Board agrees with the Building Department that "accessory service of alcoholic beverages is common to restaurants in town" (memo of November 4, 1998). The Board notes that the owners of the subject property, in a letter to the Planning Board received December 2, 1998, stated their intention to expand the food service to a full-service restaurant. (4) The proposed renovations at the subject property exist only on paper, and there is insufficient concrete evidence to determine how, the renovated establishment will actually. be operated. The Board concludes that it does not have an adequate basis to overrule the decision of the Building Department set forth in the memo of November 4. The Board notes that if in actual operation the renovated establishment appears to be serving alcoholic beverages as a primary use, the normal process of Code enforcement would be expected to stop such use. RESOLUTION: On motion by Member Collins, seconded by Member Dinizio, it was °Pages — Appl. No. 4649. Re: Planning Board AI (Drossos) ZBA Decision Rendered march 4,1999 RESOLVED to DENY the Planning Board's appeal of the Building Department decision that the service of alcoholic beverages contemplated in the renovated establishment is a. permitted accessory use. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, AND COLLINS. (Member Horning of Fishers Island was absent -excused.) This Resolution was duly adopted (4 - GERARD P. GOEHRINGER iV CHAIRMAN For Filing 3)8/99 of the 4u, a VWauQo,-,Vase(L onlu imsigarce- tv, 'Iuildimg ThnV-w so ober quest for a Vairig under New 1, j998 Notice ofDisapproval York Town Lav ction28O-A (W a building )m I Section Article and, 1035A of the IIItI Section I on- 0-30A. , to cZoning Code, and the Building addat�on j Inspector's Npuce ofjDisa NY; Parcel 4644- 4 are - for approval of an "as built" en- try .stoop addition with a side yard setback at less than the re- WWred 15 feet, at 1395 Sleepy ollow Lane, Southold, NY; Par- ccl 1000-78-1-10.20, alsoknown No. nat rac a single- with nge- wIt ha front yard than 35 feet, at me, Greenport, Interpretation, requested by the Planning Board, to consider whether or not additional tables and a service area for alcoholic beverages are accessory to a food service, as determined by the Building Department in its November 4,1998 Detemunation (ref- Site Plan Application of a a of the es that 100-91A s and/or its in the �rss;oiq Vo iocate new with arsetback at less Man is L 107116etfr6m the top of the hill on, Long Island Sound, at riyare aright -of -way extended orth ofBridge Lane, whichpar- ais Jm0W'na's9206Brid -.u3.3. h0gW joc,NYParceI 73- 8-10 u.m. Arml No 464R - safe and suf- over land identified asDistrict 1000, Section 127, Block 8, Lot 17.3 to the applicant's vacant lot (proposed for single-family welling use), known as 430 Diachun Road, Laurel, NY; Dis- trict 1000, Section 127, Block 3, Lot 10. The Board of Appeals will at said time, andplace hear any and all persons or representatives desiring to be heard or desiring to submit written statements be- fore the end of the above hear- ing. The hearing will not start rhe designated. availabledunrig �c -questions,. -OLK 4 p.m.). If you have please do nothesitateto call 765- DRK ss: 1809. Dated: December 30,1998 BYORDEROFTHE being duly sworn, says tha SOMHOLD TOWN BOARDOFAPPEALS n Coordinator, of the TRAM GERARDP.GOEHRINGER, Chairman . a public newspaper printec ByLindaKowalski, A County; and that the no Board Clerk innexed is a printed copy ix-in/99(ny in said Traveler Watchmai once each week for I .............................I......... ............................ weeks successively, cornme ting on the ..... ;.7 .......... day of ... ............. .. ..... . 19. . ..... . .. ............ . . .. ..... .. ...... .. ........ ............................. *"Very, co M,�� . ...... ....... ... .... Sworn, to befor e this ......... Z ...............day of ......................... ....... .......... ..................... ............ .............. ... I ........................................... Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806646 Qualified in Suffolk va Commission Expires over land td 1000, Sectio 17.3 to the al reposed i dpwelling us Diachun Roa trict 1000, Se Lot 10. The Boar said time and all persons desiring to b to submit wr. fore the end r -235A of the d. the Building ice.of Disapp mivation estab- num construc- r safe and suf- mergency and ravel over des - way, extending : north side of levatd, Laurel, led as District 7, Block 8, Lot Block 3, Is will at anv and hearing will not start n designated. Files are rorrevtewduring regu- Hall business hours (8- 4 p.m.). If you have'questions,. OLK please donothesitatetocall765 DRK ss: 1809. Dated: December 30,1998 BYORDEROFTHE being duly sworn, says tha SORDOFL TOWNPPEALS n Coordinator, of the TRA\/ 30ARD OF.APPEALS UZDP.GOEHRJNGER, . a public newspaper printe( Chamnan By Linda Kowalski, )Ik County; and that the no Board Clerk mnexed is a printed copy 1x-1/7799(11) in said Traveler Watchmar once each week for ....................................... ..............................weeks successively, comme cing on the ..... r............ day of ..... ........... I . ........... ,19./n... ..... yam•«• .................................... Sworn to befor e this........... 7...............day of ............................ ��� rf ............19..7." ........... .......................�>. -�, Notary Public BARBARA A SCHNEIDER NOTARY PUBLIC, State of New York No. 480664& Qualified in Suffolk/s, Commission Expires 3� FORM NO. 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT \ TOWN CLERK'S OFFICE r / SOUTHOLD, N. Y. Examined ....... ti L �..... , 19.'. 5' Application No .. 5, ja �..... ..r.., 19....:.. Permit No. , ......................... Disapproved a/c ....... :.. ... ..,,.�J�.� �'.. ......... { ,....................................... z ... a c....//.:.c {Building .Innspector) , �3 P 373Hv APPLICATION FOR BUILDING PERMIT Date ....... .................... November....19....., 19.65...... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. C. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the progress of 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. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant egrees to comply with all applicable laws, ordinances, building code and regulations. Joy.. raso-ss....................................................... (Signature of applicant, or name, if a corporation) ............ Gr.e pmpoT: t............................................................... (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ....................................... 9.'.a??er.......................................... ......................................... ................................................... Nameof owner of premises ... B ..................................................... ................. ......................... If applicant is a corporate, signature of duly authorized officer. ....................................................................................... (Name and title of corporate officer) 1 _ Location of land on which proposedwork will be done, Map No.: ........ XXX ......................... Lot No.:.�? ............... Street and Number ..,iTlc, ,hfAiA .,x.;. 1} B'� mq B,q-T, Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .............. ,,,.,,,, ..................................................................... b. Intended use and occupancy ............ Same ..... xith..a.n... additi[an................................................................ 3. Nature of work (check which of 'able): New Building .................. Adel; ) ... MXx..... Alteration................... Repair .................. Removal .................. Demolition.................. Other Work (Describe) ........................................ 4. Estimated Cost ... IfL... P/,"A........................................Fee ................................................................................. (to be paid on filing this application) 5. If dwelling, number of dwelling units ............................Number of dwelling units on each floor............................ Ifgarage, number of cars............................................................................................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use .....h1as.`Jae1a5.... 7. Dimensions of existing structures, if any: Front ............................ Rear ..........;.................... Depth .................... Height........................ Number of Stories................................................................................................................. Dimensions of some structure with alterations or additions: Front .................................... Rear ............................ Depth ................................ Height ............................Number of Stories ................................ 8. Dimensions of entire new construction: Front..:..........8..................... Rear ........ ................... Depth ...20... Height .................... Number of Stories.................................................................................. .................................... 9. Size of lot: Front ............................ Rear .................................... Depth ................................ 10. Date of Purchase ........................................................Name of Former Owner ......................................: 11. Zone or use district in which premises are situated .......... !!•b.'.'......(Izt..................................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation? ........... PO .......................................... 13. Name of Owner of premises ... �'..D.T:r..ssas................Address ....... Ga.P.2.C11!QZt............. Phone No..................... Name of Architect......................................................Address ............................................ Phone No..................... Name of Contractor ........$.AT((e...................................Address ............................................ Phone No..................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing, or proposed, and indicate all set -back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate:' whether interior or corner lot. STATE OF NEW CORK l S.S. COUNTY OF ..... �.L7�'.�.`o k..........f ............................... T.chrn..DSa .S.Gs....................... .........being duly sworn, deposes and says that he is the applicant (Name of individual signing application) abovenamed. He is the ................... Q.mlle.................................................... ....................................................................... (Contractor, agent; corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith: Sworn to before me this ................19... day of .................T,icv. 1965.... ' 3 ,(/� ' A .1 , ..�..:...... .........I.. c. .. Notary Publ' ti...r�-.26�� County. (Signature of applicant) No Scc ,'„ Ferro Exp res March 3q i9 +77 t FORM NO. i� TOWN OF S'6UTHOLD BUILDING DEPARTMENT TOWN CLERKS OFFICE SOUTHOLD, N. Y. Examined Application-No: ...../. ....... Approved C.. off.. 4�/., 19.kO.Permit No ...... SC�.... Disapproved a/c ........ ......`... ........ .............................. ------------ G� ........ _ _ (Buildin �c'tor) APPLICATION FOR BUILDING PERMIT Date.... :............... fktE bei .......... 19.. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to .the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed descrip€on of layout of property must be drawn on the diagram which is part of this location. c. The work covered by- this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kepton, the premises available for inspection throughout the progress of 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. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a'Building Permit pursuant to the Building Zone Ordinance of'the 'Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of,buildings, additions or alterations, or for removal or demolition. as herein described. The applicant agrees to comply with-'all applicable laws, ordinances and regulations. John Drossos ......................................................................................... (Signature of applicant, or name, if a corporation) Main Road, (Arshamomaque) Greenport, N.Y. .......................................................................................... (Address of applicant) I State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ........ .. QWT2e ......................................................................................................................................... Name of owner of premises .... "# DrtlB'SC!ffi If applicant.is a corporate, signdture of duly authorized officer: - ........... ............................... ... t.'. . ..... (Name and title df: corpo'ate, officer) 3C7IX= 1. Location of land on which p osed work will be done Map No Lot No P=... Street and Number d' limnd:t Arsbamomiue) Greelport.,. N.Y. ... I.................. Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy a SilBinesS property - '.11 f n ...... with accessory, bUi.lding b. Intended use and occupancy ..£ ......... ... .. ....................... �t ` 3. Nature nfwork (check which op9|kca6le): New Building ..... 2: ........... Addition .................... Alteration .................... Repair .................... Removal .................... Demolition .................... Other Work (Desch6a).................... ` 4 Es�in�o��d[���. �����' Fee � � -^'��*���.....................................�~^ .^ '`..~.'~-~-~..~....-^...,.-.^~^ .`---Rd�bepni6onfiling this application) 5` If dwelling, number of dwelling units .................. ....... Number of dwelling units on each floor .................................. If garage, number ofcars ...................................................... ...~............................................................................... 6. |fbusiness, commercial ormixed occupancy, ` oifynotocounJextcntofeoch type ofuse ...... .~usiTtess..... 7, Dimensions of existing structures, if any: Front ..,.-,.-..... Rear ............................ Depth ................................ Height ,-.,.,...-. Number of Stories ............................,.-...-.'.........,..._^,,_^,.,_^_,,,` Dimensions of some structure with vharuMuns or additions: Front ................................ Rear ............... ................ . Depth ................................ Height ................................. Number ofStories ... ............................ [i Dimensions of entire new construction: Front .--..' ........... Reur....... 20 ............ Depth .~. 21t..,.,.-. Hekz��-.........,..��un�bernf3�ohos...On*` -,.-.,. - , � ` .'Depth A. Size nflot: Front ..����~......Reur,-�����,_.._-Deoth..:��J�,,...... , . -.°_ \ lO. Date of Purchase ..,........--.-,..-_-..rNk,me of Former,Owner .^-,.`........................................ . � ll. Zone nr'use district iuWhichpren�i�e�o,o �fuot�d..._.,.�m��V. ...,.-......-....,....~_` _ '��--- �12. ~-`-~�`'`--~�~----'��'�--�--`---�=| ordinancelaw, or regulation? ................... )IK ^^^^~^~~^'^-^~ ! `' 13. NonneufOwner nfpremises .���.�n.��%� �Sc0WL....... Address ....... .... ........ �..o�o"nN{>,...-...,... Name of Architect .......... 0^2iUmble............... _.^./\Jdness .......................................... Phone NO. .................... � Name nfContractor ..,-.G ...................... ...... .......... Phone NO ' .................... PLOT D| " .` dand istinctly buildings, / ~---'----�`�---/�' description proposed,~- set7back dimensions from propertylines. nes Give street and block numbers or desc o to:cleed, unddo»*s�[��tnames and indicate whether interior lot. �^ � { . ' ' t~ � +~ STATE OF `nc } SS COUNTY [F�... ;PbA-Droatlos ........... ................... being duly sworn, deposesland says that he is the applicant (Contractor, agent, corporate, officer, etc.) of said owner cr cwners�,t=d is duly,authorized to perform;qr have performed the said work and to make and file this application; , ktatements contained in this Qpplllc�lation are true to, the best of his knowledge and belief; and that the Hc Ubn the application filed therewith. ! - T. — ` to before mathis NO. 52-U344963, S&fOlk mx/nSwooawxm�,�h3���194v .^.... 31'..~ 6ov of .... ,~,. l9&0.~- BOARD OF HEALTH .. 3 SETS OF PLANS .......... AM TOWN OF SOUTHOLD SURVEY .......... TOWN HALL SEPTIC FORM .............. eu)M4 SOUTHOLD, N.Y. 11971 BUILDING DEPARTMENT CHECK .......... aWNO Spam" TEL.: 765-1802 Examined , -�5 CALL �33 y ....... ...... 119? - MAIL TO: .................... Approved ............... 11 19 V/P�15ermit No. .................... Disapproved a/c .......................... ........................................ ..... . ... ... ... . /Pe APPLICATION OR BUILDING PERMIT Date ....... ........... 19 INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d./ Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall.be kept on the premises available for inspection throughout the work. 6. No building shall be occupied or used in whole or impart for any purpose whatever until a Certificate of Occupancy shall5have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, buildmig ! code. housi" g rode, and regulations, and to ( admitan lauthorized inspectors on premises d in building for necessary insp-c s .Signature e.i .... p)plicailt, or name, if a -corpora-tio-n).... a: ....... ............. . . . (Mailing adirSe�ss �of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ....................................... ............................................. Name of owner of premises ..... XIA CP�5--h- 4 ,— .... ............................................ (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Name and title of corporate officer) Builder's License No. 8f ........ Plumber's License No . ........................ Electrician's License No . ...................... Other Trade's License No. ..................... 1. Location of land on which proposed work will be done. ................................... ....................... .. ................ .......... .!�� House Number yy Street (7/r ... l4amlet qq County Tax Map No. 1000 Section ... .... Block ... W5 ............. Lot. .......... Subdivision ..................................... Filed Map No. .............. Lot ................. (Name) 2. State existing use and occupancy of premises and intended use and occupancy of -proposed construction: a. Existing use and occupancy ... C�� '5� 0 V- &� .... � - - S"', 5;k 0- L . . .1:5�k �� : .................... b.'Intended use and occupancy...................... L�2 . ..................................... 3, work (check which applicable): New Building ... Addition . • terauon ... • . , . Repair ........... Removal .............. Demolition ..... , ... Other a i ........ _ at, ¢6 axc¢ e cu -1 aav SLA ;(Description) 4. Estimated Cost......... .J�?.�.... W :...Fee ............... . (to be paid on filing ltoation) S. If dwelling, number of dwelling units ............... Number of dwelling units on each floor. , ..... .... . If garage, number of cars . 6. If business, commercial or mixed occupancy, specify nature an extent of each type of use.... . 7 7. Dimensions of exis�ng structures, if any: Front .... Rear 357. , ..... Depth . 6PO ....... c Number of Stories .... / .. ............... .... ..... . 0 Y= Dimensions of same structure with alterations or additions Front .... .Rear .. ..... . .Depth ...... ........ ....... Height ........................ Number of Stones .. , . . 8r' Dimensions of entire new construction Front ........ Rear Depth ................ Height ..... Number of Stories 9. Size of lot: Front ...................... Rear ...................... Depth ...................... 10. Date of Purchase ............................. Name of Former Owner ,............................ 11. Zone or use district in which premises are situated ..... ............................................... . 12. Does proposed construction violate any zoning law, ordinance or regulation ................................ 13. Will lot be regraded ............. Will excess 511 be removed from premises:es No 14. Name of Owner of premises . t!t't z K. .�'i�hi�.ddress ................... Phone No. 7. n/.3, 33i ... ,. Name of Architect1 .... Address ............ .. Phone No. ..... . Name of Contractor o is! rk ! SS.. Address LO done No. 15. Is this property within 300 feet of a tidal wetland}? *Yes ....... No ...... *If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate: clearly and distinctly all buildings, whether existing or proposed, and. indicate all set -back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. f . M,. 44. STATE OF NEW YORK, COUNTY OF S.S " r�ii tcl laj . l l.4 �cnrt2SS ........... (Name of individual signing contract) above named. He is the .... C.b✓1Y�� being duly sworn, deposes and says that he is the applicant (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ...........kL41 yof. ^?�............ 19?� Notary Public, .... Couty� �k ..... LT.. ROB, 1, SCOTT, Jk i%"ntnre of bnlicai{0 of NY, VW �S BOARD OF HEALTH.. a - 3.. SETS OF PLANS ........... FOWM tJO.1 SURVEY .... Ig r t TOWN OFSOUTHOLD CIIECR ,f BUILDING D ... : DEPARTMENT � SEPTIC POBPi . ............_ . TOWN HALL u SOUTHOLD, N.Y. 11071 NOTIFY, 765 CALL ..CALL ...... TEL.•. 7 -802' .. ... ....., ... MAIL TO: "rnrnl d l9q R � Eo u �Fowed , 199 P. Pcrinit No. } .�.y . .......... .... .. tYsalrproved air . i Inspector} (Building }.--�`S' APPLICATION FOR BUILDING PERMIT `• 4k,( . E µF Date ......... I& yYbc: INSTRUCTIONS 1 us application must be completely filled in by typewriter or in ink and submitted to the Building Inspector; with 3 accurate plot plan to scale. Fee according to schedule. P141t plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets 1 giving a detailed description of layout of property must be drawn on the diagram which is pan of this appli- ' k1Fiie Work covered by this application may not be commenced' before issuance of Building Permit. a t" f�oir-dpproval'of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit «t �e kept on the premises available for inspection throughout the work. �z t ITa building shall be occupied or used in whole or in part for an purpose whatever until a Certificate of Occupancy a�z keen gamed by the Building Inspector. n LICATIObI'IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the ore Ordinance of the Townof Southold, Suffolk County, New York, and other applicable Laws, Ordinances or a%-W,for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. li grit agrees to comply with all applicable laws, ordinances, building cod housin code; and regulations, and to t 474thorized inspectors on premises and in building for nece a� inspections. - L1 � two !1.(: ��.�✓/�Q�/ : 5' v✓�l(i�..�% Lf. i , (Sign afure of applicant, or name,aTron i. . ?-fig...., �!<.r; w (Marling address o applicant) A '"v{iiether applicant is owner, lessee, agent, architect, engineer,, general contractor, electrician, plumber or builder. t .F tt ........................... �� ¢f owner rem' .... .............................. (as on the tax roll or latest deed) e is a po ion, ign ure of duly authiafized officer. get r ; Q3ame and, title of corporate officer) 'tnler's License Na �t 1pber's License No. ........................ f Electrician's License No . ...................... 7 l,_ rade's License No. ............... . n of land on which proposed wok will be ore, tf fpy. 'her Street Hamlet }Tax %lap'No. 1000 Section ?.) Block .................. Lot.. �. . . ... .. siert............ ........................ Filed Map No. .............. Lot.............. °' (Name) > l ,ting use and occupancy of pren'ses a d intended use mnd occ pa f proposed construction: tr use and occupancy % 1• • r • �,, f_ {led use d o ` D, S2 1n 4Cilpaney ;t 0 OC) ............. tmbcr of dmrclling units tyc,r Pf cars,,----. . . . . . . . . . . °IMWN OF SOU'..4.AD aROPERTY RECORD ' CARD OWNER STREET VILLAGE DIST. SUB. LOT -FORMER `OW R 2n�Jo,rt v.�ys Nk E ACR.• .a n� g W 'TYPE OF BUILDIN RES. SEAS. VL FARM SCO CB. MICS. Mkt. 'Value — LAND. IMP. TOTAL DATE REMARKS S .y i '' r "z000 d A 70o 3:z4L7 � rLJf r�GJg�;G��'a93.3'Z-// iR d' 0 v eas �l c (�. r�Q¢, �c c2r( �' : _%Ar u" 3 7 �1 _ a ©0 12 3a o .7 13 Sao 41 ` - 000 kt5,200 Ib %On 3 2 ///77 <rAmo4/)DRpssos %a 69°Z lir."HLrYiwc O�3C� l l 0�3`FS + �2 ©QO `� �� � //.�tP' %P.N� �%� �!) 7 �Q�ci,�eir' `%d /�(zaZ''/ ��' �ffQda •—. ► c��1 4:. `M SAO---=��' C'_ - 9rra—�.. (,} 114E ' �9-HNLr (S'. +`.�.�G1y' _ 2 s- o - - AGE BUILDING CONDITION r NEW NORMAL BELOW ABOVET _1302 ? �PPnFJrir f /C� -G AC�SD,CjDr FARM Acre Value Per Vciue Acre Tillable FRONTAGE ON WATER — Woodland FRONTAGE ON ROAD Meadowland ° DEPTH House Plot BULKHEAD Total' ,.: ••! DOCK �— :xnn� o -.� b .. �� I _ .. _, ... _ J. je � {_ ,_.. �%'� � -- COLOR Ii1:llul M. Bldg. �1�30 _ 4 D 3 00 '$4lo Foundation Ce Bath Dinette Extension -2(o t p 2. O 3 °O -78 0 Basement FULL SLAB SLAB L Floors �Extension -o t ` 22 _b °e P oo Ext. Walls Interior Finish L.R. E�xtonsion IN'00 � r X35- '�S- 25,p Fire Place Heat D. R. Patio 0 3'Z.= l 20 3-- 57tao Woodstove BR. Porch td K2 2.0 l o0 2rj Dormer Fin, B. Deck Attic Breezeway Rooms 1st Floor Gara� Driveway Rooms 2nd Floor O:B. 3 Pool e� 7 D ALTERATION OR ADDITION Bv% EY 45 A VIOLATION OF OF THE NEW YORK STATE IW. s 15 SURVEY 4 NOT FEARING VEYOR'S Iwz SEAL OS L SHALL NOT 9E GONSIMRFD TTUE COPY; - [DtCATED HEREON SHALL RUN , 4 v.i-..moi: �'iS.a•..viaT•s.')3w �.YHaR ..:'+"�.�2f4`Y+<.�-..ranlyx ^.`4..'K`K4v'�.IR'y�t`•6�.d... ,w'Y�!! Yk✓2}Y"::4�r. �� :�pt`R'�+1?^R.remiaw'aRn'1.5�Sx Aj , 0 lb w G3 v �� 2 AI•- W i i�. f�'REA �. i t. � � � n ! 4 3� i rR o 373Y'� h V l lo C7" a . 7 D ALTERATION OR ADDITION Bv% EY 45 A VIOLATION OF OF THE NEW YORK STATE IW. s 15 SURVEY 4 NOT FEARING VEYOR'S Iwz SEAL OS L SHALL NOT 9E GONSIMRFD TTUE COPY; - [DtCATED HEREON SHALL RUN , __ y � 4. J k � 4f� �#i�c � � V '£� tut, ✓ .: Y a 1x � �����5' t ..� � F r ;tb �,' r � - �. /0 &A - - 3�1 �Q/V►�L I D - 15 MA, TO RP6 (f L�Dx''•jj11 GAMS 2dar'f a X33 /4,4O OFPreOPEz-ry SuZv-=yFo FDIe ' l%� V/CHOLQS I�,4TI2/C1.4 /L/ 0s50$ AT �S/fAMOMOQUE r� TOWAI Of-- 500THOL0,1 V,Y 4L?ERAiTION OA ADDITION IS A VIOLATION OF -f THE NEW YORK STATE SUrV,Y MAP HOT BEARING YOK'S d•<..:i SIAL OR S!4ALi 1101 Ci CONSIDERED T U` L' -'FY. `Af- SHALL RUN .S V.• 1' `M THE SURVEY 1 :;: F TO THE .: �LM,AL AGLFJCY AND •....:iiL It.K1.0N. AND _5 i. LZNDING INSTI- NI_.S A..L NOT 71.ANSFERABLE I&SI11Ull;;ii5 OR SUSSLOUENT Ar�--.3 = O. 331 acre sca /t7: ZO'-/., 0 r hrT 01-1 um err f GLsa1l0rTtP0d --o Tho 'T-r~/e 64.!dnirT'-cc, Zor?- oeyl/ 7r7d fo 7S41,- A101 -41 -1F -0r ` -k- &ell -r qnd Trtj4 <- `Utt1 fJsi;3� 45 sur-vej '-dNoy�m��er-?�4, /970• 7- / VA /v / UYL 4. SON L —",i4l Y o f .5 C i -e---- i7 p c7 r- >` — n/,- w Yo r k A1..35°/9'/O "E. G 0. 11 — 1 c.z C u57`Ur� �l f c7 rT CI I Z O d rn 01 P P � h ��z 35,19 0 11 w 7'o 95 � r v h � 1 r ems- �11 t� `lam V I _ t 1 1 11 1 Q � r rl I O 01 P P � h ��z 35,19 0 11 w 7'o � h t� `lam V 01 P P � h ��z 35,19 0 11 w 7'o 71 i5 h q ---- 11. -Z J( 3av-L- -4f ;j J:t1. ;:YW)- 4- -t- — ), , j6 , AN EPRi ii 44K 4 r% 4 'r. i,, IN - zz. i� TV I IA� ZJA IN NM 3h 9-v-, i;1,7 Id -RAe, PC J: 'OR Q'S ' i.' i:a.rrYf •'t". 4': ,i':c. ' - rs,1 .? , .�:,� U, . X 9 m, .}.f .Nci• {t„., ,r ` ' •!',�. , N5 "Rif Pill; 41 M it aJ Jr tir t. 37 IN:r: ,�r. x(. '�t�s .�"y i:d!',�M.t�t�fr s`�. .:u{t��.a . I DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals Gentlemen: COUNTY OF SUFFOLK f ROBERT J GAFFNEY SUFFOLK COUNTY EXECUTIVE �` DIF March 24, 1999 ES, A.I C P. PLANNING Re: Application of "The Town Planning Board", Town of Southold (#4649). Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application* is not within the jurisdiction of the Suffolk County Planning Commission. *For an interpretation of requirements of the zoning ordinance/determination of the building inspector. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc CAI 11 CC\ZONING\ZONING\WORKING\NON-JUR\99NJ\SD4649. MAR LOCATION MAILING ADDRESS H LEE DENNISON BLDG - 4TH FLOOR © P. O BOX 6 100 ® (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 Commission: Variance from the Zoning Code, Article , Section X Variance from Determination of Southold Town Building Inspector Special Exception, Article, , Section Special Permit Appeal No: 4649 Applicant: Planning Board Location of Affected Land: 0465 Main Rd., Greenport, NY County Tax Map Item No.: 100- 45-1-12 Within 500 feet of: x . Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State'or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission. to den; -ed application by Planning Board Copies of Town file and -Fe-115-t-ed documents enclosed for your review. Dated: March 12, 1999 'W Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning March 8, 1999 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board 53095 Main Road Southold, IVY 11971 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Z13A Fax (516) 765-9064 Telephone (516) 765-1809 Re- Your Appeal Application (ZBA #4649) — Drossos/TFG Acquisition Corp Dear Mr. Orlowski - As confirmed with Robert Kassner, Site Plan Reviewer, the Board rendered its Determination at our March 4, 1999 Meeting, and a copy is attached for your records. Very truly yours, GERARD P. GOEHRINGEJ CHAIRMAN Enclosure Copy of Decision to: Building Department Town Clerk Filing 3/8/99 Philip 1. Cardinale, Esq. Page a — Appl. No. 4649 Re: Planning Board Appe;, rossos) ZBA Decision Rendered March 4, 1999 RESOLVED to DENY the Planning Board's appeal of the Building Department decision that the service of alcoholic beverages contemplated in the renovated establishment is a permitted accessory use. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, AND COLLINS. (Member Horning of Fishers Island was absent -excused.) This Resolution was duly adopted (4- 0). /--� GERARD P. GOEHRINGER CHAIRMAN For Filing 3/8/99 1 1REE CET7,17ED AND FILED BY IHE SOUTHCLD TO-k."IN CLE.1],JK DATE HOUR / Z! 1,5-PAf cl�er, �Twn of, ii t APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning 1061VATAQW63• • ' �. March 8, 1999 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board 53095 Main 'Road Southold, NY 11971 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Ree Your Appeal Application (ZBA #4649) — Drossos/TFG Acquisition Corp Dear Mr. Orlowski: As confirmed with Robert Kassner, Site Plan Reviewer, the Board rendered its Determination at our March 4, 1999 Meeting, and a copy is attached for your records. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Department Town Clerk Filing 3/8/99 Philip J. Cardinale, Esq. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD March 8, 1999 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board 53095 Main Road Southold, IVY 11971 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Re: Your Appeal Application (ZBA #4649) — Drossos/TFG Acquisition Corp. Dear Mr. Orlowski: As confirmed with Robert Kassner, Site Plan Reviewer, the Board rendered its Determination at our March 4, 1999 Meeting, and a copy is attached for your records. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Department Town Clerk Filing 3/8/99 Philip J. Cardinale, Esq. RECEIPT FOR COPY OF DECISION THIS WILL CONFIRM THAT I HAVE RECEIVED, IN PERSON, A COPY OF THE ZONING BOARD'S DETERMINATION RENDERED AT ITS MEETING OF M 4, 19 919 REGARDING # 1,K6 4� APPLICATION, and I hereby waive a separate mailing of same DATE RECEIVED:-,� 1 SIGNED qN AMALF OF APPLICANT/Aa-in;,l 90i94D ]L LANNHNG BOARD 111iIEMBER— ti BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD V4 PE ANNNNG IB®ARD ®zFIFECE TOXIN OF SOUTHO]LD Town Fall, 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: Robert G. Kassner, Site Plan Reviewer f, RE: American Planning Association information on zoning for Drinking Establishments DATE: February 1, 1999 The Planning Board has received the attached information from the American Planning Association. The attached Zoning Report is a two part discussion on zoning for drinking places. Also attached are zoning definitions for tavern, bar, nightclub and bar restaurant. I am sending this material to you with the view that it may be helpful background information in your review of Drossos . JAN.26.1999 3=11PM AMERICAN PLANNING AS THE ZONINGNPORT h Professionals NO.759 _ P.9/24 ISSN 0748-0083 VOL 12, NO 4 ®- PEARCE 4, 1994 om Charles Read, AICP, Editor/Publisher ®® $58/year/subscription Drinking is drying u Changing attitudes about - alcohol consumption in the nation and Increas- ing liat>iUty for bar owners under dramshop laws are providingdramatic changes in the land use distribution of -bars and other places where liqu®r 10 —30 or drunin;. In .drinking plac- es, Chard liquor cornsumptIOP is down and Ilast year, major brewers reported -a slight Absolute ,rs : decline In beer sales. The price of liquor licen- ses is dropping in'many areas due to the grad- ual decline in demand for new liquor places. Y.aablllty9 or financial responsibillM of the owners of bars'and drinkaPng places wader dram® whop lams is iancrsaidng. Draianshgp Saws place financial liability on bar owners for accidents caused b'y , patrons who had been sued drinks. and were already drunk or were habitual drunks. Persons injured by drunks- and families 'of persons -killed by drunks aan recover money damages froth the Tsar owner. The inumber of Independent traditional bars is stable or declining, They are gradually beieag replaced by claim restaure nts with a strong appeal as drinicia=ng places. These are theme res® tauranvs with ambience ad sports bars, Old Nest saloons, high-fashion' brasseries, bistrOs and such. Liquor consuna ti®n. land galas of packaged .liquor occurs in a surpruan ly wide Variety ®f places: it is not simply a function of the n. ,um- ber ar, taverrrns. Liquor sales, per drink or par bottle sold, is prOfitab.18- Restaurant's push drinks at meals and drinks are .sold in airports, convention centers, bowling alleys, Yairgrounds, racetracks, resorts, casinos., marinas, in air® pMnas, at sporting evernt.% at concerts, at or- ganized picnics, and places of amusement. Package liquor, mostly beer and wine, is soler in, drugstores, supermarkets, grocery stores - convenience stores and gas stations with mink- n2arts. We. take two issues of The Zoning &Sep®rt to discuss the topic°This `Issue® Part One of two ts, provides ®lar rules, suggestions, ideas and caveats for writing and revising zoning regula- tions for alcohol control .as a land use. Part Two, which you get, in two weeks' on March Isth, quotes selected text from zoo codes that illustrates our commentary from Past One. Alcohol use is specially and strict. regulated a 1994 by Charles Reed ------- 1404 N. State Road 7, Su to 259➢ Igargateg Florida 32063 ®® wajun&p address: ,Po Box 6s.295 Margate, Florida33063 ®® JAN.20.1999 3=11PM ANMERICAN PLANNING AS NO.759 P.1®/24 ®� 9099° Wo T ZONI - . coernt anal- service in alcohol busirnessesa Thus, the laws of states have special and diPO-et, Ir pact° States can atath®a^a Fe 10cal option by counties to be, wet 'or dry, preemptshe• ®� package liquor, by private enterprise, sell all liquor through states liquor Stores (ARC stores), approve and revoke liquor licenses, and "Str1at where and when drinks are, served to whom. These laws have Colne to mean,. for, zoning purposes, that any business that sells liquor can be specially reg;talated as , a liqu®r estab- lish Each use -with alcohol soles, as pack- age sales or by the drink, commonly has. specif- ic, zoning standards. applied Uses that ,aro not 'bars, but have a _liquor gleernse whose alcohol sales, or service is Ancidentag to'the main non® alcohol function of the use commonly. Iu a listed in specific zones as special eases or as by -right uses with qualifications. Local zoning cedes comm f®11®w state liquor laws if a state defines O!j1Z one tyPe cense, many Communities in they state 1—DIS—C-0—My one alcohol use in their zoning code? as any Use with a liquor licewnse. But Most costo -r-odes ities es last tvic alcohol lases in their zoning which i3 "6kJE remise sales or consumption, package liquor sales by any retail sales estab- lishment approved for such sales, and as on - promise sales or consumption,. which are drink- ing places approved for such sales® IWOst states have several types ®f 13 taor Ilio ceruses® basically as two tapes of off®prem se 3 a and two types Of on -premise sales® Off® premise sales are described in zoning 'codes as package liquor stores and as aal stores. so cessory af package liquor by other tylsea of ret ®mmmpWamise sales are dean bed as U160hel 00rn- sumption an the premia®s either as .a principal use, as bars .and taverns, Or as an ancillary ul cill y use (described in codes as accessory) to some other pin pal use, much as restaurants and bowling alleys that a®lve alcohol - Liquor ➢totes®s are disrided into Several. Class® es in almost all States, as a liannited beer ll� coats* (3®2 bees, malt li4uQP), beer "license, wine license, as a beer and wine license, aend as a general license, which allows sale CC di®® tilled spirits (haiad liquor). Ja®er &and wive lim en cse holders often apply t® upgrade thaM to a general license U their sales are successful. Sortie uses, such as churches for use CC wills in the worship 'ritual, are exempt from licernsfingg. l iml, ted licenses dor various types of low - alcohol beer, 302 beer, beer only, wine ®illy and .malt. liqueurs are regulated by zoning codes as a .beer and wine use® Manny states have special temporary 11 por licenses, called one -day liCernses, gar special events .that sell beer, such as state and county fa rs�, town beer tests and such. These licenses caro be applied for by Clay tags to 4-1.0 days max- imum by law. A few zoning Codes require a showing of this license and liability Insurance when a permit for a proposed tar poneary use ar event is applied for and alcohol is proposed to be served or sold at the event. only' about 60m7 of zoning codes Impose any qualifications on alcohol eases other thea . use listings and Only about 20-30% cY codes. impose extensive. detailed zoning regulations. I..Ocal zoning; codes regulate businesses with state liquor licenses siren if state laws greempt. local regulation of liquor establishments. Courts have hold that® for land use purposes, if alcohol taxes are treated like any other retail and service basin®as, localities can regulate thenen if local lavers are not in Conflict with or are more strict than state liquor laws. Even state ABC package liquor stores might be sub- ject to local zoning regulations as retail uses Selling package liquors Z®nin a.uthorit does not regulmte liquor Ilio cep These licenses are al�valrs issued and revoked by a state aff®rncy or by a 1®cal ®r county agency as authC0136d by ®tat* rGO"- tio ns, But zoning standards that are thei filar t Rialsor license requirements' give tL enforcement powers through its zoning code® Wg inlay Ilse. tine only means ®f control of Alco® ,hol establishments by localltiee where the ®nl3p other means of Conti -®1 to by the State Or Collin' JRN.26.1999 3=12PM AMERICAN PLANNING RS d ty .through ate fl liquor license authority. EMY -.localities Minimally regulates alcohol uses i§h. their zoning code if -state authority is. effec® %ive or if `alcohol. businesses .are .not a Problem in the community. Some communities have tno alcohol regulation If they aim dry, if alcohol uses consist Cralyv of ABC package liquor stores. operating under strict state reales/ or .in some dry areas, if hotels and cdnvention/tourist uses are the .®tnly alcohol uses, fiftving as special al- cohol license for on -promises drinking. Zoning codes require alcohol asses to hold a liquor license. boss of the license or failure to renew the licensee means termination of the zoning use permit, which is revoked by the zoning officers Many zoning codes specify which class of license must be held by each use having alcohol sales or service, not contra® dieting what state law allows awnless the state grants localities this authority. Upgrading a bees and wine liquor license to as general license requires a new, use Permit ap- plication, But since most liquor licenses are transferable to new owners, it the liquainl con- trol officer approvvesthe traansfer, no new land use approvals acre .needed. Liquor licenses are not transferable to another location. within a class of ,uses called disfavored use a conditional use permit arrest be filed Lor aap- ,proval by the ooerarnvunity if _ erne these eases Seeks a liquor license. Dissfavored arses, where legal, are sex businesses, drug paraphernalia stores or head shops, casinos, gassing bussineam- as, massage 1paarloss and perhaps tattoo shops, night clubs,- gun shops and similar eases. These asses often are particularly associated with crime, immorality, corruption, vice and prosti- tution, 'but are allowed legailly without a liquor license. Some of these asses are pn; oh*1bited fi°om having liquor licenses, such as gun shops and h®ad shops. But, if. as ligases licenses is Obtaaineds the business establishment becomes eubje6t to the stringent regulaatigh of liquor laws. It the liquor license is revoked for illegal Or Immoral activities on the premise®s the conditional use permit 4or the establishment can be revoked by the zoning office. N0.759 P.11i24 Zoning standards for bars ass ai prin,eapal use The most 'common zoning standard for bars is a dietaaece apacing requiremearnt. This requirement Impasses a. minimum distance by which any bar tsarist. be .located from specific arses. Under the Intent and purposes of zoning regulation Of alcohol uses, bars presumaalbly case exert a poor moral influence on children and Caln. be deleter- ious to the peaceful enjoyment of family life in residential areas. The spacing distance pre® a3urnes to reduce these adverse impacts. The right by localities to impose a reasonable zon- ing spacing distance standard has been settled generally , under case law. The distance in codes ranges from 100-1000 ft, with 200 ft most common, to public and private schools, to established churches and places of worship, To residential zones and to nearby dwelling units not on the same lot with the liquor use. Most codes impose these requirements on bars in all zones in which they are allowed. Boit spacing standards do not appLX, if the alcohol use is established first, ahead of any later location- of schools, churches, R zone boundaries said dwelling units at any closer dis- tance than the minimurn required. The measure of this distance is specified in one of three ways; as the air line straigi%T' dis- tance between the bar and nearest lasted arse, the shortest .distance along public. ROW be- tween the uses or the shortest publicly acces- sible pedestrian route. The,beginning and end- ing paints by which this distance is measured is. either the nearest. public entrance of each use, the nearest lot line of each ansa;, or, most Com® moray, the nearest public entrance of the bar and the nearest lot line of the ®thew use. Many codes also require a spacing distance between alcohol uses. This distance is usually to the nearest o%Fer bar but perhaps also to other eases that serve drinks On the promises, such as a restaurant or bowling allay anal, less commonly, to a use that sells package liquor. .The standard tends to diffuse bars throaagh®aat the community. The spacing- standard between alcohol asses ranges from 300®1000 fts settle rash 4, 1��4 IIs®.me JAN.28.1999 3.13PM AMERICAN PLANNING AS NO.759 P.12i24 +� "ef"`v 3( „is. x9. i'' y�a++a}e r r kr �. o4.i�« ..c ::.L +�.. rw.:3:fs✓- �......•Ats ik .ma2z31� �f�F": �'.` s ,w s 'r'x it `.t��^, r ice. x ■nlr a, - so® ft most common. Manny codes do hot re= quire it if both uses are located in intensive business -and industrial zones and in CBD zones® The community must be careful that 1t does not create such stratagem spacing standards that unreasonably fees bars are ever allowed in the community. Courts have held that these standards, even given the adverse Impact cans® ed by bars, cannot de facto keep thenen out of. the community if they are a legal use. A spac- ing distance of 1®00 ft to the nearest resi- dence or R zone boundary alone might Preclude bars from a community. Thus, many codes have reduced the spacing distance to 100-200 ft to residential, uses, have eliminated the minimum spacing required between bars. in Intensive commercial zone% have .eliminated spacing,be� twecan bats and other principal oases with inCim dental alcohol sales and have imposed coning site standards that ameliorate the adverse ire® pacts of bars on nearby mses� Some zoning Codes also require that bars be .located on, a Collector or arterial street. The floor area of bars is regulated by many Codes® .A minimum Ploor ere. of 1000 99 ft of GLA or GFA is required, with a maximum- floor area of 2500 say ft imposed on: the size •of bars in nolghborhood -bossiness zones® Bars located in., annaalti®tenant buildings and in shopping centers. are limited. in floor area to i0-1596 of total building area. A. cap .of 2500-o20,06® sqft GLA might be imposed, depending On the function and size of tate shopping center, with a sMalleir cap imposed In �neighboa hood shopping .centers® ®°alter standards Imposed on bars require them to have,soundproofed construction, with no opening windows, to Have the wiYadow glass dif- fused or tinted to Obscure the view inside the bar, and to be In an air-condltiorned batilalinn We --54ggest that joniatg' co ea might requare each public entrance to barna, anbject to We Codes, to have 'two sets of doors© The two sets Create a sound and air lock whichv from peat® side the, building, can reduce or .muffle sounds. from bars and obscure the view into them. The off-street parking ratio for- bars are those of sit-down restaurants or general retail 1101 JAN.2B.1999 3913PM AMERICAN PLANNING AS N0.759 P.13i24 pace Five THE ZONINGREPORT Ing, with or wit)aoutdancing or striptease, pub- lic- nudity, lewdneesp or solicitation for sex oca,urring -in the establishment other than as an isolated' incident, might be viewed as a sese business at the establishment. The most common sexual activities In bars subject to regulation as sex businesses are tM. less waitresses, table dancing, where a dancer strips at a patro n®s table for a. tee, and lam danncira , where a dancer strips within touching distance of a patron who must not touch gine 'dancer. Another receent. p®pular activity in_bars Is lingerie fashion shows. The combination of this conventional use (daring lingerie on :models is lavishly pictured in metropolitan daily :news- papers in' full page ads by :major department stores) 'in bizarre comb,&naat>lon with bars sug- gests its regulation as a sex business, Whose legality is .working. its way through the legal system. Sexual activities. not approved by permit could be cause not to renew the liquor license, which would cause the use permit for the es- tablishment to be revoked. it litigated, the sexual activity by itself .might be upheld over local laws or enforcement as legal free expres- .slon. But it the esta hmmnent hes a liquor .li- cense, revocation of the license might be up- held due to the special powers conferred on states to control liquor. Bars with games or gaenipeg are not usually specially regulated by zoning codes. They are subject to state and local gaming and vice laws and licensing, and slot machines and video games in bars might be legal in the community. But violation, of gaming laws by a bar or its owner/operator° can be cause for revocation or denial of renewal of liquor permits, with sub- sequent Toss of the zoning use permit. Mt all codes allow social dagneirng by patrons. and with employees, games and contests among patrons, and partying, apart from any special approvals required t®r live entert ment, asex- ual activities and gaming In bars. Many codes prohibit bars with these special Approvals in neighborhood business zones and within 200-600 ft of reaidences, of R zone boundaries, and -of other bars with or without sLMU. azi activities. Ancillary and incidental alcohol uses with non -alcohol principal- mass Zoning codes regulate alcohol package sales and drinking as being incidental and secondary to .other -prinpipal uses. Most, but not all, codes list the principal uses that are allowed an alcohol ancillary use© The zoning code states that no alcohol eonsuammption or sales is allowed ancillary to a principal ease Unless ex- pressly authorized for t?nat use. Other codes do °not specially: list principal eases for which alco- hol is inetderstally all®wed, so that any use can sell alcohol Incidentally it approved on a case basis by special use permit. Keep in mind that tine accessoEy Use. of al,Co- bol activities cited by moat zoning codes is actually an ancillary use Ancillary'and nd acces® sort' eases are both Secondary and incidental to a complementary principal use. Both are re- stricted by zoning standards to assure that they remain Incidental and. secondary to the principal use. Apart trona the trade they obtain from serving their principal use, ancillary, asses are,. or can be,, complete businesses independ- ent of their principaal uses. Ancillary eases are allowed ae principal uses, in more intensive zones; accessory uses do not have sufficient coherence of their activities to be able to seanction as principal uses and are never listed as such in; zoning codes. Familiar ancillary eases are a stops Bening. newspapers, oaendy, ciga- rettes and sundries in an office building and a pharmacy in a medical office buil4ipng, where each is allowed as a principal use in a more Intensive business some. Parking, which is an accessory use, Is required by ratio for a princi- pal use but not also for its ancillary eases since employees and . patrons of the ancillary eases pant primarily to,patranize tete complementary principal use. Many codes ienp®se extensive site standards and definitions an each principal use for which alcohol is bonsumed or sold ire entally an the promises. The standards apply to both the prin- cipal use and the alcohol use to assure that the alcohol use remains ancillary and to assure rch 4, 1994 Issue JAN. 28.1999 3:.14PM AMERICAN PLANNING AS NO.759 8.14/24 TAG.. ZONING- ONINi: REPORT Page S f X that a proposed principal use is not established as, a shell for a de -facto bar. Quite commonly, a successful restaurant with drinking evolves into a bar or its function of eating in relation to drinking becomes indis- tinct. This is common enough that some codes do not impose standards to assure that the al- cohol 'use remains ancillary- Those codes re- strict uses with drinking to general commercial zones. They require that all activities take place inside aye air conditioned soundproofed building; require that its windows are fixed and cannot .be opened; and require that the princi- pal use, the alcohol use and the liquor license be In the same ownership. The most common non -alcohol principal use is a restaurant with a 'bar or that serves drinks with meals. Because so many restaurants push drinks and have a bar atmosphere, most zoning codes impose extensive stringent standards that assure that the alcohol use remains ancillary. Restaurants must be bona tide: _they must serve tint course. meals prepared. and' cooked in a commercial kitchen on the premises, must have no signs related to- alcohol except• as a listing on the menu, and must limit alcohol sales as a, percentage of tonal food sales. In following state law on alcohol service in restaurantsi some zoning codes do not. allow bars in restaurants, requiring that all drinks be brought to the table by employees, other codes require the opposite: that all drinks be served in a bar on the premises (with no exterior en trances or signs) and not .with meals... And some codes allow no drinking at ..all except inside convention hotels in restaurants and cocktail lounges accessible only through the lobby. Tho type of restaurant allowed to have incidental alcohol sales is llrnjte4 to sit-down restaurants and dining rooms. Drive-in restaurants, -f.est-food restaurants and -carry-out restaurants are not allowed to ' have alcohol .sales .except that 'minor and secondary carry out offered. by ,'sit-down restaurants., is' allowed but not for alcohol sales. Floor area of restaurantswith alcohol sales is restricted to a• minimum and maximum square March d, ,1094 issue footage. Codes might impose a minimum size of restaurant of, say, 4000-10,000' sq ft, with 4000-5000 aq ft most common, and a maximum percentage of floor area for bar use of 10- 25%, typically 15316, not to exceed 2500 sq it. Most codes do not allow restaurants with liq- uor permits in neighborhood business zones even though bars that do not have foodservice permits might be allowed. Many zoning codes require that a certain percentage of total sales be at least from the sale .of food, typically, 50-75% of gross month- ly retail receipts, otherwise the use is classi- fied as , a bar. Codes impose a long complex definition of gross monthly receipts, requiring calculation of this figure to adjust the price of alcohol sales for reduced prices or free drinks at promotions and happy hours. A gew codes require that wholesale purchases of food and alcohol be used, which might be easier to cal- 'culate since retail sales from happy hours. and -promotions need not be adjusted. Presumably, the smaller number of invoices of wholesale purchases is easier for the user to provide and for the public agency to examine. Minimum spacing distance standards might. be imposed on restaurants with alcohol ancillary uses. The standards might be imposed only on restaurants with a general liquor license to sell hard liquor or with a separate bar area and may not be imposed it only beer and wine is sold. The spacing distance applies to R zone boundaries, dwelling --units and .to other uses with liquor licenses, and in a lesser number of codes, also to schools,. churches, parks and civ- ic uses. Recent codes tend to impose the dis- tance .limitation only to residential zones or uses. The distance ranges from 100-1000 ft, typically 600 ft, except for 2,00 ft to R zones .and dwelling units, .and is measured the same way the standard is applied to bars. Zoning codes might require these restaurants -be soundproofed and air-conditioned, with fixed unopened windows to contain noise inside the building. ,Codes might restrict the restaurant to one public entrance except for entrances not visible to -the street ontp interiors courtyards enclosed 'by :walls. JAN..28.1999 3;15PM :AMERICAN PLANNING AS NO. 759 P..15i24 Page Seven THE ZONING RBPORT Other uses specially regulated with incidental alcohol sales include bowling alleys, Clubhouses at golf courses and country glubs, -tennis and racquetball clubs, bottle •clubs and- setups, Prl- vats non-profit clubs and (organizations, and - hotels and motels. Specitle site standards often are imposed that define or describe each of these princi al uses, The standards require a aupstanUaa m3nt- mum size or capacity, of the -principal use; ,re- quire the bar to be andpr the same roof' with. the principal use and require the use, its alco- hol activity and the liquor license .to be in,the same ownership. These uses usually cannot have exterior en- trances. to bar rooms. Hours of bars or of drink service 'must be at least those of the principal use or might be limited. to .lesser..hours, from 1 p.m. _to 11 p.m., to midnight,• or to :any earlier time when the principal use closes. The .intent is to limit competition with bars that. ase a principal use and to., avoid being open during day -time hours when children might use .faeili- ties in the building with. the bar, such As bowl - Ing, tennis or golfing. Bowling alleys require A rninimum number of alleys, perhaps ten alleys open for regular use so that a bar could not install.. one or .two per- functory alleys to be considered a bowling al- ley and not •a bar. The. bar must be -in an area separate from the alleys and_ -must 'be combined with' at least a .grill or. • sandwich shop,, or a full -course restaurant, with -B, minimum number of seats. Clubhouses at golf courses and country clubs are allowed incidental .alcohol sales sold to members only and their guests. Many clubs do not allow liquor sales by cash but only by sign- ing membership chits or slips. Codes require the golf. course have at least nine holes, be'on the same tract with the clubhouse, and have a minimum tract size of 20-40 acres. Separate bar rooms are allowed inside the clubhouse perhaps with no exterior entrances, with no signs relating to alcohol except on menus,' with drinks served with meals in a sit-down dining room and, perhaps, to patrons seated on an adjacent outside veranda or patio -not visible tram any public street. Some codes, might allow .an outdoor barat the swimming pool area on the golf course - clubhouse tract, with the pool compound com- pletely fenced. The bar is available only to members and guests who sign in at the gate to the pool area.The bar is. open only during pool season during pool hours.. Drinks are served in plastic or paper cups. Owners of leased on- banas. surroundingthe pool in its compound at - ten. ere allowed their own private use of liquor at their cabanas by the drink and :not for sale. Tennis and racquetball clubs that serve inci- dental alcohol require -a minimum of any combi- nation of ten bona fide, usable tennis courts and racquetball courts. Zoning codes might require a separate bar room, with no exterior entrances and no signs visible from outside the building indicating that alcohol is served., Liquor can be said and served only to members and invited gueste during hours the facility is open. Bottle clubs and setups, it allowed by state or local,law, are not allowed to sell alcohol by the drink, by the bottle- or as package liquor. A. bottle: club is a members -only organization where patrons bring .their own packaged liquor, or bottle of liquor, to' the establishment for consumption on the premises and -not for sale to other patrons. Memberships are sold either nominally upon entering the premises or by an annual fee. Bottle .clubs and setups are allowed to sell non_alcoholic mixers as setups for aleo- -hol, soft drinks and, with appropriate licenses, meals. The purpose of these establishments is to allow social on -premises drinking, perhaps with food, games, dancing and. entertainment. They often locate in localities where liquor sales by the drink is prohibited or restricted. Alcohol control agencies might require regis- tration or licensing of bottle clubs and setups. Private clubs and organizations and service clubs, in most codes, are allowed to serve drinks on the premises to members and their invited guests. The club must be a non-profit organization and, if required by state or local laws, be registered as. such, and must obtain a March 4-9 1.994 Isau® JAN.28.1999 3:15PM- AMERICAN PLANNING AS NO.759 P:16i24 THF: ZONING liBBO*T Page Eigh private club liquor license. Most zoning codes do not specify .whether drinks, are served in a bar room or with' meals. But there -can be no external signs or separate. exterior entrance to bar rooms or lounges. Codes• might requirethe building to be air-conditioned and soundproofed to contain sound within► -the building. Hotels and ino'tels must have at .least. 100 guest rooms in the'same building: with facilities where package liquor or drinks are sold and served --bars, restaurants, ball rooms, conven- tion meeting rooms, host suites and banquet rooms. There can be no appearance of a drink- ing place or liquor store from outside the building nor exterior signs .relating to alcohol use, with the only public access to any alcohol use, being through the lobby. Zoning standards for package liquor stores Zoning standards for package liquor stores and other stores selling packaged liquor incidental to other goods are similar to standards requir- ed for uses selling liquor by the drink., The main intent of these standards is to avoid hav- ing these uses become .de -facto bars or having liquor consumed on 'the premises. All codes regulating package liquor sales require the es- tablishment to have a retail off -premise liquor sales license. and require that all liquor be sold in the original factory sealed. containers. Incidental sale of 'package liquor by drug stores, grocery stores,' supermarkets, conveni- ence stores and gas station .mini -marts often is restricted to beer and wine. To assure that. alcohol sales remain ancillary relative to non - alcohol principal sales,• zoning standards limit the square footage of alcohol sales to 10-2096 of total tlocr .area and limit the pgrcontage ,of alcohol .sales receipts, of gross. retail sales or gross- wholesale -•purchases to about 20% of to- tal sales. Signs indicating aleohol ,sakes cannot' be Visible, outside the store except that An out- side business identification sign and logro is .4l - lowed for package .liquor stores, Business hours for the. incidental sale of alcohol cannot ex - March 9,''19914.ieeite deed the hours of the principal use; alcohol sales must a.bldo by any non -zoning restrictions on business hours arid -on Sunday sales. -Same codes also impose the same spacing requirements from. Churches, schools, R' -zone boundaries and residences on stores selling package liquor as required for uses selling drinks. But many codes view package liquor sales as. having less adverse impact than uses selling drinks. They either 'do not impose the spacing standards or impose them only on pack- age liquor stores 'in low -intensity and transi- tional sones. Other standards require the conspicuous dis- Rjay of signs inside 'the' buiIt#ng citing state or local Laws that prohibit the opening of liquor bottles and drinking inside the building, in the parking area or, often, -within 5 0-2 50 ft of the store. Zoning codes require that plastic or pa- per -cups carried by the store .be sold in fac- tory, sealed packaging in large enough quanti- ties customary to the sale of these items, to alnoid a -subterfujre .of selling one or Sew cups .than would allow de facto sale of liquor by the drink. A few codes require stores selling package liquor to have a telephone listing. Public tele- phones and pay phones outside the building on the 'premises cannot receive incoming calls. Owners and operators of the store must clean up litter and debris daily in and around the premises. Package liquor sales. by any use .with- in 50-150 ft of residential uses and. R zone boundaries must be screened on inside property 'lines by a solid 6 ft fence or wall. Parking standards._are those. of any general retail store. s a a a We make every effort to present accurate in- fotm8tion and sound opinion in- tihis resort. However, we do not guarantee. results. accu- racy, or assume. liability for errors, omissions, or for information yea_ may act upon. This pub- lication-does not purport to be engaged in the practice of law or .give legal advice, .but is the opinion of the editor and publisher solely as a professional urban planner. JAN.28.1999 3:-16PM AMERICAN PLANNING AS N0.759' P1.17i24 Y • V 'i. T111E ZONING REPORT For (Planning and Zoning Professionals _ ISSN 0748-0083 VOL 12, NO 5 -- MARCH 1% 1994 -- Charles Reed, AICD, Editor%Publisher -- $58/year/subscription This issue is Part Two of our two-part discus- Sion oft is topic. Part One, which you receiv- ed two, weeks ago on March 4th, provided our ideas,. suggestions, rules and caveats on `writing and revising .zoning code provisions for, bars and drinking places, and for alcohol control. Part Two quotes selected zoning code text AdliNk that illustrate our commentary from Part One. Sample text We divide thq. sample •t',ext into five parts; (1) purposes and intents for alcohol zoning coritroll. (2), definitions,. of alcohol .zoning terms;. (3), zoning standards ;Car taverns ap.;,a principal use; (4) zoning standards. for package- liquor stores; and (6), zoning standards, for .incidental ,sale of alcohol. Purposes and intents for alcohol.zoning control "Findings_ "The City Council finds and determines that the proliferation of alcohol related outlets within the City' of Woodland, presents .problems that are encountered by residents of Woodland; including, but noz limited- to littering, loitering, public -intoxication, disturbances, discourage- ,ment' of. more desirable and needed commercial uses and other similar.problem4 connected pri L marily with the regular congregation of persons around such establishments engaged in the sale of alcoholic ..beverages for consumption on or off the, premises. "The City Council also finds and determines that the 'existence of such problems creates a serious. im2aet on the peace, health, safety, and Welfare or .residents of nearby areas in- cluding fear for the safety of their children and visitors' to the area, as well as contribut= ing, to the deterioration. -of their- neighborhoods, and concomitant devaluation df • their property and, destruction , of their oommunity values and quality of life. '!These regulations are intended and designed to deal with and ameliorate these problems and conditions by restricting the location of such uses in relation to one another, and their prox- ,amity to facilities primarily devoted to use by children and families and the general public, and ' through the denial of a Conditional Use Permit or through the .imposition of condition's on .a case-by-case basis, thereby limiting the number of such uses in. the. city and preventing undue concentration and undesirable community impact. of such uses by the imposition of rea- sonable conditions upon the 'operation or all such uses both existing and in the future." [Woodland CA] .[Froin "Guidelines for liquor zoning cases," ap- proved by the CPC on Feb.. 18, 19all. ' r ® 1.994 by Charles Reed -------- 1404.N. State Road 7, Suite 269; Margate, Florida 33063 -- Mailing addresso PO Sox 66291 Margate,. Florida' 33063 -- JAN.28.1999 3:16PM AMERICAN PLANNING.AS NO. 750 P. 18./24 S 1 l Page Two THE ZONING REPORT' '.'It remains' the position of the�Planning Com- enission, that although case by case. review. of liquor. establishments is. •appropriate, it is not ordinarily the purpose of .the Zoning Ordinance to attempt to arrticipate or deal withyi®lations of, .uquor or criminal law•. the zoning review' is. primarily a land use issue. Obviously, it a'n ex - fisting. establishment is-se.eking approval to ex- pared and has had a poor police. track record, this should, be considered at the time of the zoning .c.as.e. Otherwise, the Commission must, assume that, liquor. ,establishments will be oper- ated in conformance with the •law. the Com mission therefore .urges. the Police Department to pursue an active policy of liquor revocation In these instances where package ,stores and liars do. violate. the law'. wee `Shreveport LAI. Definitions of alcohol 'zoning terms "Cocktail lounge. A place for service or Con- sumption of alcoholic beverages but not includ Ing live entertainment. "Nightclub. An establishment, including disco- theques, .having a minimum entertainment floor area of 2,000 sq ft and._providing live enter- tainment and/or a permanentarea for dancing and which may serve food and/or alcoholic beverages. The entertainment floor area shall be composed of the wet -bar, -dance floor and/ or live entertainment stage area, and table area. "Package Liquor Store. A place where a per- son or dealer sells alcoholic 'leverages in clos- ed containers, prepared for transportation and consumption off the premises. 'l8r.ew Pub- An establishment which contains a restaurant serving alcoholic beverages. This establishment also contains a mini - brewery for the brewing of handcrafted, rector.- al beer for ',on site consumption. The mini brewery may brew a maximum of 12,500 barrels per annum, intended for retail consumption on the premises and may not 'be sold at wholesale, or retail off -premises." ENew Orleans LAI. March 18, 1994 Issue, "Alcoholic beverage - distilled spirits and: all beverages,. other than medicine, intended for human Consumption and containing 0.5% or more alcohol by volume. "Beer, wine and liquor have the same meanings as provided in S. 5633 564; and 565, respectively, Florida Statutes. "Bottle club - a business establishment pro ,viding facilities for the consumption of alco- holic beverages by its _patrons on the premises bit not licensed to sell alcoholic beverages. without'.r.egard as to whether the patrons are required to. be members .of the bottle club. Non-alcoholic mixer$ or so=ca ed. "set-ups" may be provided by the club. A -bottle Club does not Include a social, fraternal or civic association or organization which only. occasionally or in- termittently provides facilities for on -premises consumption of alcoholic beverages by its .mem- bers and their guests and is not licensed to sell alcoholic beverages.. "Full course meals - items an a menu at a restaurantwhich include soups and salads, main dishes with side orders, and desserts. "Kitchen, commercial - a ticility used for the preparation of food which is sold to the public and that is subject to State and. Local 'health department inspections. "Liquor license - a license issued by the State for the retail sale, service and consump- tion .of liquor. "Package sales - alcoholic beverages that are sold on -Y in containers sealed by the manufac- turer and which are sold for consumption off the licensed premises of the business establish- ment." ". ." [Lee County, Fort Myers FLI "Bar: An establishment licensed by the State for the sale of alcoholic beverages that derives 75% or more of the establishment's gross reve- nue from the on. premise sale of alcoholic bev- erages for on -premise consumption. "For purposes of this Izoning] ordinance, any establishment which sells or, serves alcoholic averages in quantities which exceed 75% of the daily gross sales of said, establishment is excluded from any other cate Mary or definition JAN..28 1999 3:17PM AMERICAN.PLANNING AS N0.759 P.19i24 Page:' Three. �..�- 1 ; of establishments and shall be included -in the category of establishments defined -as bars. "For- purposes of this definition, "daily gross 'sales" shall be calculated -using the normal sell- ing price of all, items of food and alcoholic beverages served in the establishment and shall reflect the ,price normally -charged for such items in the particular establishment for which the daily gross, salesfigure is calculated whether such item is actually sold .at normal selling price, below normal- sellirig price, or in exchange for a. cover charge, entrance fee or other consideration paid. Reduced prices charged during promotions, happy hours, and other occasions when drinks are sold at reduc- ed prices or served at no charge, shall not .be considered "_normal selling price ^ for calcula= tion of daily gross -sales. "Restaurant. food .sales constitute 60% of the daily gross sales of said, establishment;: and for the purposes of this [zoning]. ordinance, any establishment .which sells or serves alto- holic beverages in quantities which exceed 40% of the .daily gross sales of said establishment is excluded from' the, category of establishments. defined. as restaurants and shall be included in the category of. establishments •.define.d as. bars." [Arlington TX3 Zoning standards for taverns - as a priricipal use [Listing as a use by right with qualifications in the B-1 Neighborhood Business .District]: 1111.. -•Cocktail lounges (bar ro®ms) provided all of the followipA conditions are •mete "1. Such use shall not be in excess- of 2500 sq ft. - Said 2500 'sq ft shall include that area pro- vlded by [the deiinitiori of cocktail lounges] and` also the square footage of any open or, closed patio., .paved area, or public, sidewalk: whiah sidewalk is leased 'from the City which is used to serve or' consume alcoholic beverages served by ,the. cocktail lounge (bar -room),. 112. Such use and the lot on w.hich•'it is located shall not be located within 150 ft distance of W. any residential. zoning district,• said measure THE ZOIYING. REPORT' menta being .made from the point of the com- mercial lot line • nearest any residential district. 113., Such. use shall not be located within 500 ft of another cocktail lounge (bar room -restau- rant- said -measurements being made from the -points of the lot line on which such use is pro- posed to be located to the nearest point on the lot line on which any other existing cocktail lounge (bar room) or combination cocktail lounge -restaurant is located, whether such ex- isting use is conforming to zoning regulations or nonconforming. "Exempt from conditions 2) and 3) above are cocktail lounges (bar rooms) located in areas of B-1 and. B-2 zoning, where such areas are greater than 2.5 acres in size, uninterrupted by -and exclusive• of, public- ROW- . "Live entertainment shall not be allowed in cocktail lounges located in B-1 and B-2 Neigh- borhood Business Districts." [New Orleans LA] 1% 2. Exterior lighting_ of the parking areas shall be kept at an intensity of at least one foot candle of light on the .parking surface during the -hours of. darkness. 1'3. All establishments shall be required to have a public telephone listing. ^/4. special security measures such As securi- ty guards, robbery ,and burglar alarm .systems may be required. 11d b th o era - 5. The noise levels generate y e p tion .of such establishment shall not exceed- 60 dba on adjoining ,properties zoned, for residenti= al purposes. 11.6. It shall be the responsibility of the appli- cant licensee to. provide all staff with the knowledge and skills that will enable them to comply with their responsibilities under law. The. knowledge and, skills deemed necessary for responsible alcoholic beverage service shall include, but not be limited to the following topics and skills. deve.lopmenti 'la. State laws relating to alcoholic bever- ages, - particularly ABC and penal provisions concerning sales to minors and intoxicated per- sons, driving under the influence, 'hours of le- gal operation, and penalties for violations of these. lawsa March Yii, 9.994 Issue JAN.26..1999 9.lepm AMERICAN PLANNING AS N0.759 P.20i24 THE ZONING REPORT Page Four /0b. The potential legal Viabilities of owners and employees of ,businesses dispensing alcohol- ic .beverages to patrons who may subsequently injure, kill or harm themselves or innocent vic- tims as a result of the excessive consumption of alcoholic beverages. "a. the effects of. alcohol on the body, and behavior, including how the- ettects of alcohol relate to. -the ability to operate, a motor vehi- cle. 11d. Methods for dealing with intoxicated eus� tome rs and recognizing underaged customers. Methods. for preventing customers frond 'becom- ing- intoxicated." [Woodland CA] [Special standards imposed on uses with _sale of any'amount of alcohol as a. nonconforming use], "A legally existing establishment engaged in the sale or service of alcoholic beverages which is made nonconforming by reason of the ^regulations contained herein, shall not be ex- panded unless and until such expansion shall have. been approved by .the [elected board] for good and justifiable cause after a public, hear ing. "Expansion" as used herein, shall include the enlargement of space'for such use and .uses incidental thereto, the expansion of a beer .and wine bar to include intoxicatin liquor (as that term is defined by Florida Statutes), and the expansion of a bar use -to a night club use." [Grounds for revocation of alcoholic permits]: "1.) A determination that an application . . contains, knowingly false or misleading informa- tion. 042.) Violation by the permit holder of any pro- vision of this ordinance or violation of any Florida Statute which results -in the revocation, of the permit holderls state alcoholic beverage Hoops e by the State Alcoholic Beverage Li-, cense Board or any successor regulatory au- thority. "30 Repeated violation of any County ardi- nance• at the location within the 12 rnonth,per- iod preceding the revocation hearing. ;44.). Failure .to renew a state liquor license or, written declaration of abandonment by the ten- ant and owner of the ,premises it under lease, or by the owner himself it not -under lease: March Is, 1994 issue "5.) Abandonment of the premises. An estab- lishment which continually maintains (renews) its state liquor license, even though it' has sus- pended active business with the public, shall not be deemed to have been abandoned for the purpose of this section. 116.) Violation by the permit holder of any con- dition imposed upon the issuance, of the Special Permit. '17.) Violation of any of the minimum standards of the Special Permit." [Lee Co, Ft. Myers FL] Zoning standards for package liquor stores "Oft said liquor establishment shall mean .any establishment which is applying for or -has ob- tained• a liquor license from the California Dept, of Alcoholic Beverage Control, including type 20 (off -sale beer and wine), type 21 (off - sale general), for selling alcoholic .beverages in an'uno erred container for the consumption off the premises. For purposes of this [zoning] ordi• nance, the definition of off sale liquor estab- lishment shall notinclude food markets, super- markets, drugstores or any establiShment in which sales of alcoholic beverages constitute less than 20% of. total sales. The owner/opera- tor shall submit evidence of total sales to the accounting department of the City of Wood- land, .upon• request by City Officials, for the purpose. of verifying .compliance with this sec- tion. "Minimum conditions fbr off -sale liquor as - t ablishme nts: "1. Off -sale liquor establishments shall not sell or store motor fuels on the same premises as. alcoholic beverages, exce t upon the condition ,of the following: 112. No beer or wine shall be displayed within S ft. of the front door unless it is in a perma- nently affixed cooler. 113. Exterior lighting of the parking lot shall be kepi at an intensity of at least one foot can- dle, on .parking lot surface, so as to provide adequate lighting for patrons while not disturb- ing surrounding residential or commercial areas. JAN.26.1999 3?18PM AMERICAN PLANNING AS NO.759 P.21i24 Bajje Five.. THE ZONING REPORT i "4. Signs shall be posted both inside and oast- side the premises .in conspicuous places, which state: "Yt is unlawful for any person to drink any beer, wine or other alcoholic beverage as. defined in .Business. and Professions Code section 23.004, or to possess any open al- coholic beverage container on any public parking lot, any private parking- lot, .held open to the public, on .any public street, sidewalk, alley .or walk -way, or in any place field open to the public within 250 ft of any establishment selling alcoholic .beverages." WCO: 1118-15.89" 116. A sign shall be placed in a eonspicuou place inside the premises which statem "W..C.O. 1045-15.9 prohibits a person in possession of. an open container or other receptacle containing alcoholic beverages, from entering, being or remaining on "the posted premises of, including the parking immediately adjacent to, any retail pack- age off -sale alcoholic beverage licensee." 16. No sale of. alcoholic beverages shall be made from a drive-through window. 417. No display or sale of. alcoholic beverages shall, be made from an ice .tub. "8. Exterior public telephones that permit in- eoming_ calls. may not be located on the premi- sea. "9. Adult magazines and all printed matter coming within the definition of section -313 -Of ,the California Penal Code shall be located for sale only behind. the counter and shall -be stor- ed in racks covered .by modest panels. 610. Litter and .trash receptacles shall 'be lo- cated' at •convenient locations inside and out- side .the,premises, and operators of such estab- lishmerits shall remove trash and debris. on -a daily basis. 1111. Paper. -or plastic cups shall not be sold in quantities less than their usual and customary .packaging. "12. All establishments shall be required to. have a. public telephone listing. 1113. No 'off -sale liquor establishment shall.. be maintained 'within .500. ft of any other estiab- lishment wherein alcoholic beverages' are sold for _both off-site and on-site consumption or such consideration points as schools (pubI1Q and private), established churches or other place of worship, hospitals, convalescent homes, public parks, and playgrounds and/or other similar - uses. The distance of 500 ft shall be measured between the nearest entrances used by patrons of such establishment along the shortest route to other establishments, or to the nearest property line of any of the above referenced consideration points. "14. The noise level .generated by the operation of such establishments shall not exceed 60 dba on adjoining property zoned for residential pur- poses, and 70 dba for Teommercially zoned prop- erty. "IS, Hours of operation of off -sale establish- ments may be restricted upon showing of good cause. "16-. It shall be the responsibility of the appli- cant licensee to provide .all staff with the knowledge and skills that will enable them to comply with their responsibilities under law. "',[Same •as Woodland CA quote, above, for tav- erns as a principal use]" [,Woodland CA zoning code] .[As a permitted accessory use for liquor sales' ineidental -to some other principal use]: - "1.• .. 1:3A."Package liquor sales .in retail stores, shops, drug stores with pharmacies and in gro- .eery stores occupying more than 5000 sq ft of floor area, where the wholesale cost of the package. liquor does not exceed 15% of the wholesale cost of other merchandise stocked and displayed, and where the package liquor display constitutes not more than 10% of all display area; and where package liquor is not advertised outside or off their premises." [New Orleans LA] Zoning. standards for .incidental sale of alcohol "The Dlrector.of the Dept of Community Devel- opment shall administratively approve 'the .sale March 18', 1924 Issue JAN.28.1999 3a190M AMERICAN PLANNING AS ' eY N0.759 P.22i24 Tn6 dOnI,�G a�PO�T 1B� ilii or service of alcoholic beverages for consump- tion on premises when in conjunction with the following' uses if the proposed use satisfies, the requirements set forth [below] and it the find® ings of. fact contained in 'Sec 3.a.3.) [Le., not in prior 24 months, applicant has been cit.ed', for code violations at the location,- guilty at the location of violation of county ordinances or public nuisance, or convicted -of felony or misdemeanor] can'be made. When circumstances so .warrant. the Director shall determine that administrative approval is..not,. appropriate .ac- tion and thatthe applicant must instead,apply for approval as a special permit. "Such circumstancestray include the previous.- denial by himself or' by a hearingL board of •a similar use at'that :location, the, record of pub - Ila opposition to a similar use at, that location, and similar circumstances. - When the director has approved a request for consumption, on premises at a location where the. actual build= Ing has not been constructed, the director shall not, within one year's. time,, approve another request, for consumption on premises which could potentially violate the distance require ments.. IP tihe .first building is completed Within less than, the one year time. frame, and .it' Is physleally demonstrable that. the second use - would :not violate the prescribed distance re- quirements, -then the director mIay approve the second Location subject to. all other require- ments contained herein. 111.1 In. any PD;. Planned Development [Ed. note, shopping center in CPD zone], where. an individual; establishment or other facility pro- posing consumption. on, premises is explicitly, designated. on the Master Concept Plan and is - :included on the list of enumerated uses. In the event .,a specific, establishment was not 'desig- nated� but consumption on premises was includ- ed in the approved list of enumerated, -uses, the director shall approve an application for con-;- gumption on=gumptionon premises as long as the require— ments [below] are met. County -owned airports. Liquor, beer, malt .liquor and wine in restaurants, bars, lounges; concessions, concession stands and package stores at 'county -owned airports. March. '18, 1994 issue 'r3.) Bar or cocktail lounge (def) located in commercial and 'industrial zoning districts which permit "Bar or Cocktail Lounges" and provided the standards set forth [below] are metl and -74.) Bottleclubs in commercial and industrial zoning districts which permit "Bar or Cocktail Lounges°1' provided the standards are met. "S.) BowlialK alleys provided the standards set forth [below] are reset. 76.) Clubs, fraternal or membership organiza- tions located in. commercial and industrial mon- ink districts (where permitted) . provided the standards set forth [below] are met. 117.) Cocktail lounges in golf . course, tennis club or indoor racquetball' clubs provided the standards -Pet forth [below] are met; and 118.) Motels/motels provided' the standards set forth [below] are, met;. and 119.) Restaurants - Group III or 111 provided, the standards set forth [below] are, met. " Location standards: The location/ .separation standards [of 56-0—ft] between estab- lishments which sell alcoholic beverages for consumption on premises shall not apply to the following uses: Bowling allevs, (4-COP-SBX license only), prooilded that: "a)' There are no signs of any type exhibited or --displayed, or other indications, that can be seen from the outside .of the structure con- cerned,, that 'beer or wine or other malt and vinous beverages. are .being served, and "b) Such bowling alleys are in a fully air conditioned' building having at least 10,000 sq .ft of floor. space' under one root. and where: both uses are owned by the same entity, and "c) The .building contains at least 12 alleys usable for bowling; The. facilities :for the serv- ice of food -and beverages shall be in an area separate from - the alleys themselves; the facili- ty .tor the service of food and beverages shall. contain at, least 2,000 sq ft of usable floor space and shall .have accommodations for at least 60 patrons at tables, and '!d). Provided that such building is not less than 600 ft (measured as provided herein) from the uses described [above]. JAN. 28: 1. 999 3:20PM AMERICAN PLANNING AS N0.759 P.23i24 fin••', 1 THE ZONING REPORT 'page Seven n2,) Restaurants - .. . provided that.,., "a) The restaurant is .in full c.ompiiance with —• • State requirements; and ".b) 'Serves `cooked, full -course meals daily -r_enared on the premises; and E "c). Only A serviee: bar is used and the sale or service of alcoholic beverages -is only to pa- trons being. served meals, or: It the restaurant. contains• a cocktail touhge for .,patrons waiting to be seated. at dining tables, 'the. lounge shall be so located that, there -is no, indication from the outside of the structure that 'the cocktail .lounge is- within the building: " 3.) liotels/Motels (4 -COP -S license only), pro- vided—'it—hat—, Night clubs, cabarets, cocktail -lounges or bars shall be located within the ho- tel or motel and under the same roof, which contains at least 100 guest rooms under the. same roof, and provided further that the exter- ior of any such. building shall not have store. fronts or give the appearance of commercial.or mercantile activity as viewed. from the, high - 'ways: In the event the use contains windows which may be seen from- the. highway, said win- dows shall be of fixed, ,obscure glass, Such night club or cabaret shall be entered only, through lobby, and no additional entrance 'shall be permitted. An additional entrance .or. . door shall be ,permitted when the same opens into .a courtyard or patio (away -from street side) which. is enclosed and. which is .not visible from - the street. A fire door or e7dt shall be permit- ted, provided that the same • is equipped with panic type hardware and locks, and is maintain- ed in a looked position except in emergency. "4.) Golf course clubhouse 111-C (Golf Club) License only), provided that; , "a) The golf course consists of at least nine. holes, with, clubhouse,, locker rooms, and at- tendant golf facilities, and comprises in all at least 35. acres of land. "b) Failure of such club to maintain the golf course, clubhouse and- golf. facilities shall auto- Maticall - terminate the privilege of the: Cock- tail "lounge and sale of 'beer from - the refresh= Ment stands. Tennis clubs. and indoor rac netball clubs (11-C (Tennis & Racquetball"Clubs)" license on- ly) provided that; The club is chartered or in- corporated, owns or leases and maintains a bona, fide tennis club or four -wall indoor rac- cluett I I ' club consisting of not less than 10 regulation -size tennis courts or 10 regulation - size. four -wall indoor racquetball courts, or a combination of tennis courts and four -wall in - 'door racquetball courts, numbering 10, with clubhouse facilities, pro shop, locker rooms, and attendant tennis or racquetball facilities, all located on a contiguous tract of land owned or= leased by such club and providing that there are no signs of any type exhibited or displayed or other indications that can be seen from the exterior of the clubhouse, building or structure that alcoholic beverages are served. 116.) Clubs, fraternal or membership organiza- tion (17.-C license onlyi provided that: Such club conforms to all the requirements of a pri- vate club as stated in Chapter 561 of the Flor- ida Statutes and other applicable state laws, and providing that there -are no signs of any type exhibited or displayed .or other indications that.ean be seen from the exterior of the club - ,house, building or structure that alcoholic bev erages are served.. $e%ore a certificate of use and occupancy to serve alcohoHo beverages will be issuedi the applicant must submit nec• essary .data to prove that it is eligible .for the use and complies with Chapter 561 of the Flor- ida Statutes or other applicable state laws; provided, anything to the contrary notwith- standing, these requirements must be complied with, even though the club intends to serve only beer and/or wine." [Lee Co, Fort 'dyers -FL] "(b) Alcoholic beverages uses are permitted only in conjunction with such banquet facili- ties, restaurants, taverns lounges dance halls, and night clubs: ` 1(1) For .which motor vehicular access is lo- cated on a. collector or arterial road or major highway; and 11(2) -Which .is no closer than 100 ft from ani ad •acent residential property which is develop- -ad or is capable of. being developed. for r.esi- dential -purposes, except that any such 'use 10 - March 16, 1994,. Issue JAN.28.1999 3:20PM', AMERICAN PLANNING AS N0.759' P.24i24 THE ZONING REPORT Page Eight Bated—in CI -A, Neighborhood -Commercial Das- serving of meals to guests for compensation tricts shall be no closer. that 200 ft; and and which has I.) suitable kitchen facilities for "(3) Which- is no closerthan 3.000 ft from a the cooking of an assortment of foods which community recreation area or public park; may be required for meals, 2) a -primary use of "(4) Which is no closer than .1000 ft :from a sit down service to patrons, 3). adequate seat - church or facility. ing arrangements for sit down patror►s provided .school "(c) AleohoUo beverage uses, are permitted :in on the premises, 4), take-out service that is conjunction with commercial recreational ac- only incidental to. the primary sit down use, 5Y tivities provided: alcoholic beverages all sold, or dispensed for _ "(1) The provisions of subsections (b) (1), (2), consideration for consumption on the premises (3), (4) of this section .are complied with; and only, and: only when, served at tables or sit 11(2) The, alcoholic beverage use is clearly down counters by employees of the .restaurant. ancillary and secondary to -the primary activity. A "bona -fide" restaurant .does not include a of the premises. place where food service is incidental to the "(d) beverage .uses in conjunction service of alcoholic beverages, constituting .Alcoholic ` with country clubs, service organizations and - less than 51% of sales. community organizations are permitted subject "2. A minimum of 5196 of -,the restaurant's to the conditions set forth [above]." gross. receipts shall be from sale of meals. The [Anne Arundel.'Co, Annapolis MD] owner/operator shall submit evidence of total meal sales to the accounting departmezi't of the "Use -Controls. A'. GasoliTie sales. The -sale or city of Woodland, upon request by City Offiei- delivery of any alcoholic beverage 'on the same als,. for the purpose of verifying compliance premises where motor fuel 'is .offered for sale with this section. : " [Woodlar►d CA] Is not permitted. "B. The 'sale or delivery of any alcoholic beverage on the same premises where any drive-in dairy or any other drive-in operation IN THE NEXT FEW ISSUES .. Next month, 'is conducted is not permitted. for April 22nd, we' discuss defining and regu- "Upgrading Licenses. Any, upgrading or exist- lating various types of clubs and service organ- ing lioenses. to -a .more restrictive license shall izations. For May 2.0th; our topic is maximum be regulated as follows e height regulations. For June, how to regulate " "A. A change from an On -Sale Bemr permit in odd -shaped lots. "For July, zoning regulations, a restaurant to an On' Sale Beer and, Wine. per- for making- the transition to a new zoning mit in a restaurant shall not require the issu- code.- For August, parking and -loading ratios ance of a conditional use permit. for industrial/employment uses: For September, "B. A change. from either an On -Sale permit a checklist for mobile home parks and uses. in a- restaurant or an On -Sale Seer and Wine „ , .permit in a restaurant to..an,On-Sale General * '� "• ' * s ; permit , in a restaurant .shall require the "'issu ance, of -a new conditional use permit. Nle make every effort to. present- accurate in- "C.. A license associated with. e. non -conform- formation and sound opinion in this report. ing use may be transferred to a new owner but however, we do not guarantee results, accu- it may not be upgraded." ` [Orange C.A] :racy, or assume liability for errors, omissions, or for information you may act upon. This pub- EStandards restaurant with incidental sale licatfon does not purport to be engaged in the ,for of alcohol]i practice of law or give legal advice, but is the "1. "Bona fide, restaurant" means a place., opinion of the editor and publisher solely as a which is regularly used and kept open for the professional urban planner. •March 18, 1994 issue , t _ r..or• 54�.. . S F �. ilF s r .- N _ I S of •:+t '' � ,. IF.Y � - �'- x ' n vev 1 d. �y Y- r �} Eciited fey Tracy' Burrows 1' American• Planning AssaGlatiarr S Pfanninq Advisory Service Report. Number 427;•- purpose of beautifying and mod(jrnizing.shall not be consid- ered a structural alteration- (Dunedin, Fla.) Comment, Zoning codes often distinguish between super ficial and substantial alterationsto buildings. Subs re- view may be subject to more rigid buildingpermit view Procedures. The distinction is also importantwhen reg ulating the expansion and alteration ofnoneonforming uses. Many codes allow alterations that enhareee the appearance of 'the nonconforming use or structure but do not allow structural or substantial alterations to the building• arhusement arcade A building or part of a building in which five or more pinball machines, videogames, or other similar player -operated amusement devices are maintained. (Baltimore County, Md.) , antenna (See also satellite dish antenna and tower) Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of elec- tromagnetic waves external to or attached to the exterior of any building. (Cerritos, Calif.) A wire or set of wires used in transmitting and .receiv- ng electromagnetic waves and including the supporting structure; includes, but is not limited to, arnateur radio antennas, television antennas, and satellite receiving dishes, (St. Paul, Minn.) aquaculture Land devoted to the hatching, raising, and breeding of fish or other aquatic plants or animals for sale or personal use. (Hillsborough County, Fla.) aquifer A geologicalunit in which porous and permeable conditions exist and thus are capable of yielding usable amounts of water. (Tri County IZegional Planning Commis- sion, Lansing, Mich.) A geologic unit ®f stratified drift capable of yielding usable amounts of water. (Southington, Conn.) t7z?ib ' d 652. ° ON a 3 aquifer recharge area An area that -has soils and geol- ogical features that are conducive to allowing significant amounts of surface water to percolate into groundwater. (Tri -County Regional' Planating Commission, Lansing, Mich.) automobile wrecking yard (See also .junkyard) The dismantling or Wrecking of used Motor vehicles or trailers, or the storage; sale, or dumping of dismantled ®r wrecked vehicles or their parts. The presence on any lot or„parcel of land�A two or more motor vehicles; which, for a period ex- ceeding 30 days, have not been capable of operating under their own power and from which parts have been®r are to be removed -for reuse or sale, shall constitute prima-facie evidence of an automobile wrecking yard. (Vista, Calif.) - bar -(See also nightclub) [Two definitions are provided here, including one for tavern.) bar and/or .cocktail lounge Any premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded therefrom by law. It shall not mean a premises wherein such beverages are.sold in con- junction with the sale of food for consumption on the prem- ises and the sale of said beverages comprises less than 25 percent of the gross receipts. (Vista, Calif-) tavern An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where sand- wiches and snacks are available for consumption on the premises. (Boulder County, Colo ) basement That portion of a building that is partly or completely below grade. (The BOCA Basic/National Building Code, Building Officials and Code Administrators International, Inc.) A story partly underground and having at least one-half of its height above the average adjoining grade. Abasement shall be termed a cellar when morerde. A basement one-half of or cellar ht below the average adjoining g shall be counted as a story if the vertical distance from the average adjoining grade to the ceiling is over five feet, (Escondido, Calif.) bed and breakfast inn 'A house; or portion thereof, where short-term lodging rooms and meals are provided. The operator of the inn skull live on the premises or in adjacent premises. (,Long Beach, Calif.) An owner-oce4pied dwelling unit that contains no more than three guest rooms where lodging, with or without meals, is provided for compensation. (Santa Fe, N.M. ) bedroom The term bedroom includes any room, used principally for sleeping purposes, an'all-purpose root, a study, or a den; provided that no room having less than 100 square feet of floor area.shall be considered a bedroom. (Baltimore County, Md.) ' A room in -a dwelling unit planned and intended for sleeping, separable from other rooms by a door, (Sckau6mburg, ill, ) SU ONINNU-1d NuoidJ3Wf! Wd6e=€ 666t °8Z°NUf r dinance to identify pre_HUD Code units. See comment fer manufactured housing - of cletached'or motel (See also hotel) ° ed building priimarPly for proviiding connected buildings design sleeping accommodations for automtob e travelers rn An auantot having a parking space adjacent to a sleeping lcourt or a tourist court odge shall be deemed obile a ratio el. more h Portland, Me )for A building or group of b oneh odfiwhi h main aiins a Separate a which complied with amicable regulations at the time the usewas established. (Omaha, Neb.) office A building or portion of a building wherein services are performed involving predominantly administrative, pro- fessional, or clerical operations. (St. Louis County, MO.) office park A large tract of land that has been planned, de- veloped, and operated as an integrated facility for caber of separate office buildings and supporting parking, ancil ancillary needs; th special attention given to circulation, aesthetics, and eorttp®tibility- (Sckaumburg, 111.) I outside entrance. Such building or group of buildings is designed, intended, or used primarily for the accommoda- tion of automobile travelers and provides automobile park, ing conveniently located on the prernises- (Phoenix, Aria.) nightclub (See also bar) A commercial establishment dispensing alcoholic beverages forco s andtiOn Or' the in Ludes the premises and in which dancing is permitted term"cabaret." (Alachua County, Fla.) A bar, restaurant, coffee house, or similar establish- ment where a dance floor or entertainment is provided. (San Luis Obispo, Calif-) nonconforming building Any building that does not meet the limitations on building location on a lot, size and for the district in which such building is•1®cared, for the use. to which such building is being put- (Gainesville, lila.) nonconforming lot A use or activity which lawfully ex- isted.prior to the adoption, revision, or amendment of this ordinance, but which fails by reason of such adoption, revi- sion, or amendment to conform to the use district in'whieh it is located. (Coral Gables, Fla.) nonsonforadng use A lawful use of land that does not. comply with the use regulations for its zoning district but 6 z. 4 F oil and gas treatment and processing plant A taciitty ®e - signed to separate and recover hydrocarbons (e.g butane, dro- gen sulfide) propane) om oil or gas, (Santa Barbara Coun y, Ca f ) open space An area that is intended to provide light and air, and is designed for either environmental, scenic, or recreational purposes. Open space may include, but is not limited to, lawns, decorative planting. walkways, active and passive recreation areas, playgrounds, Fountains �, pools, wooded areas, and water courses. Opspace not -be deemed to include, driveways, parking lots, or other surfaces designed or intended for vehicular travel. (York County, Va_) Land used for recreation, resource protection, amenity, and/or buffets. In -no event shall any area of a lot con- stituting the minimum lot area nor any part of an existing or future road or right-of-way be counted as constituting open space. (Laki County, Cornrrment. Many zoning codes establish minimurn open space ratios—the proportion of the site. development and that is devoted to open space—to regulate the intensity of. ace is to preserve natural areas. The definition of o pen s p critical to the calculation of this ratio. Some codes allow balconies, terraces, and roof areas to be included under the bZie°d 6SL"ON -SH ONINNU1d WUOIi±Gwu Wd80.0 66Gt°82"NUr = 24 -_ - vf. J. t;. t z bZie°d 6SL"ON -SH ONINNU1d WUOIi±Gwu Wd80.0 66Gt°82"NUr I i y � s JAN. 2®.1999 310PPM AMERICAN PLANNING AS v NO.759 P.6/24 BALING , ' BALi.LSTIC SEPARATOR - I`S BSD WWM ;ad 41 . BAR SCREEN 3 BARREE • -FRFE i Any deflector deVice'used to change the direction' or .the Sow of water, sewage; products of combustion, such as $y ash or Coarse particulate matter, or of sound waves. ` A means. of 'reducing the volume of solid waste by Cam paction. A machine that separates inorganic from organic matter in a composting process.' The time, in elapsed seconds between the passing of the first. and last possible vehicle in a group of vehicles .moving at the -design speed of a progressive traffic signal system; • Premises used primarily for the sale or dispensing of Iiquoj by the drink - for on-site consumption and where food inay be available for -consumption on the -,promises as accessory to the principal use. Corn7gnt. ld• Zoning regulations shoumale the distino- tion between bars that have live entertainment or permit dancing and those that do not. Those with -live entertain - anent and dancing may require considerably more parking and Aeed additional setbacks because of noise. Many bars also possess licenses that permit them to sell bottled good&. This is usually accessory to the principal use of dispe4sing liquor by the drink for on-site consumption. In wastewater treatment, a device that removes large floatl�g and suspended solids. 1. - AAe4ice that prevents traffic from crossing into the path of tx-4fic flowing in an opposite direction. See MEDIAN Isi.Atitn. .: . I; An environment that will permit a disabled person to ' oper4.te independently with comparative ease under nor- mal circumstances and with little or no other assistance - See DEAF or HARD -OF -HEARING; FACILITY FOR HANDY - CA PSV PEOPLE; HANDICAPPED PERSON; MINIMAL AC- CESSIBILITY; NONAMBULATORY HANDICAP; NOWSLIP; PHYSICAL HANDICAP; PRINCIPAr- ENTRANCE -1 PUBLIC A s"LY AREA; RAMP. Land; area, separated on all sides by water, usually elon- gated l and formed by the action of the sea on land, that protects the mainland from sea action. 30 - JAN, 28°1999. 3e10PM w ' I� AMERICAN PLANNING AS NO.759 P.7i24 `%1t!&__ y _ :ir.} NIGHTCLUB NOEW NOM POLLUTION Comment.- Great care moist be used in adopting stan- dards to control the location of neWsracks located on sidewalks and along public streets. Unreasonable con- trols, not related to safety, ran afoul of First Amendment (freedom .of speech) criteria. A portable structure usually not exceeding orae hundred square feet frogs which newspapers, marines,, and other printed material are sold. Camvnea& Newsstands usually do ' not have water or sanitary facilities but may have electricity. They are frequently located on sidewalks at busy intersectioans� typically in the right-of-way. They are often licensed by the municipality. An establishment dispensing liquor and meals and in which music,' dancing,. or enteftainment is conducted_ Any Undesired audible sound. • r, ,; Continuous or episodic excessive noise in the human I' environment. R Comma Noise pollution usually is defined in terms of amaurn decibel l®vel by frequency range. In i qqd With steep slopes, or other constrained area's or ease- f as®ruts. However, in recent years, court eases have 1 sharply restricted the ability to exclude these lands, Particularly where a state lased use lave defines terms differently. SCe C MTICAI AREA; DENSITY. See AuTomouar..a SALES. A phwneA community, usually developed on largely va- acant cantland and containing housing, employment, shop- ping, industry, recreation and open space, and public i facilities. Comment. The team neer town implies a predetermined Population level and phased development over a tela tively short period. Examples of new towers include Res - town, Virginia. and Columbia, Maryland. v� A self-service, corn -operated dispenser installed, used, or maintained for the display and sale of newspapers. Comment.- Great care moist be used in adopting stan- dards to control the location of neWsracks located on sidewalks and along public streets. Unreasonable con- trols, not related to safety, ran afoul of First Amendment (freedom .of speech) criteria. A portable structure usually not exceeding orae hundred square feet frogs which newspapers, marines,, and other printed material are sold. Camvnea& Newsstands usually do ' not have water or sanitary facilities but may have electricity. They are frequently located on sidewalks at busy intersectioans� typically in the right-of-way. They are often licensed by the municipality. An establishment dispensing liquor and meals and in which music,' dancing,. or enteftainment is conducted_ Any Undesired audible sound. • r, ,; Continuous or episodic excessive noise in the human I' environment. R Comma Noise pollution usually is defined in terms of amaurn decibel l®vel by frequency range. In JRN.2E61999 3:11PM ,,-AMERICRN PLANNING AS ds and the to the two ormed. at f. - ructed or an inches Ln. above - Y inches, ind bath- TAll FARM. be effec- not-for- _ Lde pools portable TAVERN';' .• Ang and ,sets for ` TAX ABATFAMNT that the 3 of the mate- ithout %dPEN- rreas- of a First f Los. ornia stone 476 TAX-EXEMPT PROPERTY TAX MAP TELECOWAUTING NO. 759 P.8/24" (1987). ` The cases are complicated and in some " cases contradictory-. Ia the Keystone case, for example,, the court appeared to suggest that if'the regulations serve broad public purposes and permit reasonable economic use of property, they are legal. In the Nollan case, on the other hand, the court seemed .to say that the broad public benefit is narrow and has to be carefully considered; finally, in the Lutheran case,. the court indicated that if the regulations are too restrictive or excessive, � then the entity harmed can secure damages for the time the regu- lations were in effect. An open-air facility containing a number of aboveground,. large containers, for the bulk storage of material in liquid, powder; or pellet form. An establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use: Full or. -partial exemption.for a defined period of time of real estate taxes. Cownent: Tax abatements can be used for a variety of purposes, including encouraging development, historic preservation, natural resource conservation, urban rede- velopment, enterprise zones, or some other public objec- tive. In many states, tax abatements are limited to those uses listed.in applicable state legislation. Property that, because of its ownership or use, is not subject to property taxation. The recorded map of delineated lots or tracts in a munic- ipality, showing boundaries, bearings, sizes, and dimen- sions, including the block and lot numbers. Comment: The tax map shows individual parcels of land that are duly recorded in the office of the county (usually) recording office. It may include ownership and use. A work arrangement for performing work electronically, where employees. work, at a location other than the pri- mary work location, such as at home or in a subordinate office. 275. • F()fJLOW-UP and UPDA,rl. FOR YOUR RECORD: TO: All ZBA Members FROM: ZBA Chairman via ZBA Office DATE: a,11. oa5 , 199S9 DTz", m --- f hl JAN a 31999 /4, � /�� IllS Attached is an (original) of E� (hew information added to the ;riginal TA_ file) re: Pending Application of ow/-® --41- / Zf # of Pages Attached: Pierced in Members' office mail boxes for update on by PLANNING BOARD MEME,, 5 BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD ,L- PIANNING 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: Review of footage breakdown for Drossos submitted to ZBA by Robert Brown on January 21, 1999 Drosso's Motel Main Road, Greenport SCTM# 1000-45-1-12 Zoning District - Limited Business (LB) DATE: January 27, 1999 The Planning Board has reviewed the figures given to your Board on January 21, 1999, by Robert Brown concerning Drossos. The existing food service is shown as 2,268 square feet. This number differs greatly from our calculation as determined from the site plan dated January 15, 1999. In reviewing this figure with Mr. Brown, he indicated that the 2,268 figure was in error and should be 2,005 square feet. Mr. Brown further indicated that the storage areas and all four bathrooms were in this 2,005 figure of the existing snack bar. The shaded area of the plan comprising the bar, seating area, and dance floor is approximately 1,560 square feet. If the area shown as, "storage for tavern", is added, the total floor area for the proposed bar area/dance floor and storage area is 1,767 square feet. The existing snack bar,( seating area/ food service counter) , kitchen, storage area, and walk in freezer is approximately 1,105 square feet. Bathrooms have been left out of both calculations We hope this information proves helpful in your review. 4 FROM: Edward Forrester, Director of Code Enforcement W :January0 , 1999 RE: Drossos In October 1998, prior to formal application for renovation, Bob Kassner and I conducted an inspection of the site with the proprietor. At that time the proposed renovations and uses were discussed. We were shown the existing operation and walked through the proposed area of renovation. I observed a full commercial kitchen ( Health Department approved ) and a large rotisserie that they indicated would be used in the new operation. I was able to ascertain through this tour that the applicant intended to establish a seating area for dining and a horseshoe shaped bar for alcoholic beverage service. Subsequent application was made and based upon my understanding of the proposed use and my interpretation of the Code, together with the similar uses currently in place throughout the Town, I certified the use as permitted and sent the applicant to the Planning Board for site review prior to issuance of a Building Permit to construct. I made this determination based upon my discussions with the applicant as well as the application itself. I believe I understand the scope of the project and have made my decision base upon the Code. I have submitted to you copies of memos generated by me and correspondence I had received copies of from the applicant. I have an earlier commitment on the evening of the hearing but I intend to attend. I make this statement regarding the application in the event I am detained. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 MEMORANDUM TO: FROM DATE: RE: Planning Boa BUILDING DEPARTMENT Edward Forrester, Director of Code Enforcement November 4, 1998 Application of TFG Acquisition Corp. ( Drosso's ) SCTM# 1000-45-1-12 Fax(516)765-1823 Telephone (516) 765-1802 Please be advised that the above application for an addition to the existing restaurant has been in the Building Department for about seven weeks, we are awaiting Planning Board approval before moving forward on the permit. It is my understanding that this addition is actually a renovation of existing space and does not expand the footprint of the structure. The planned renovation calls for additional tables and a service area for alcoholic beverages accessory to the food service. The area involved and number of tables are matters you may have to consider when reviewing this project, the use is permitted in the zone and the accessory service of alcoholic beverages is common to restaurants in this town. PLANNHNGGrOARIDO MEMB E.' .— BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EIDWARIDS GEORGE RITCHIE LATHAM, JR. RICHARID G. WARD P11eS"siNNENG B0ARID ®IFIFI iE TOWN OF SOUTHHO]LD TO: Gerard P. Goehringer FROM: Bennett Orlowski, Jr., Chairma j�, Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516)__765;193.8 y+ [r I . aV7—�— j A A _ 3 RE: Request for determination of difference between a restaurant vs Bar (Drinking Establishment) DATE: September 30, 1998 The Planning Board's request is based on the fact that the zoning code does not explain the difference between the two uses. We would appreciate it if the Zoning Board could give this Board some guidance in distinguishing between these two uses. For example, a drinking establishment's operation may be considerable different from that of a restaurant in terms of hours of operation, noise levels (particularly if dancing and music are featured during the weekends, and parking requirements. One formula that may be useful in making the distinction, is calling the use a restaurant if the bar seating does not exceed 10% of the restaurant seating, ie. if the restaurant has 100 seats the bar would could not have more than 10 seats. Your prompt response to this request would be appreciated inasmuch as -1 the Planning Board has to respond to quires from the public. 0 P11eS"siNNENG B0ARID ®IFIFI iE TOWN OF SOUTHHO]LD TO: Gerard P. Goehringer FROM: Bennett Orlowski, Jr., Chairma j�, Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516)__765;193.8 y+ [r I . aV7—�— j A A _ 3 RE: Request for determination of difference between a restaurant vs Bar (Drinking Establishment) DATE: September 30, 1998 The Planning Board's request is based on the fact that the zoning code does not explain the difference between the two uses. We would appreciate it if the Zoning Board could give this Board some guidance in distinguishing between these two uses. For example, a drinking establishment's operation may be considerable different from that of a restaurant in terms of hours of operation, noise levels (particularly if dancing and music are featured during the weekends, and parking requirements. One formula that may be useful in making the distinction, is calling the use a restaurant if the bar seating does not exceed 10% of the restaurant seating, ie. if the restaurant has 100 seats the bar would could not have more than 10 seats. Your prompt response to this request would be appreciated inasmuch as -1 the Planning Board has to respond to quires from the public. PLANNING BOARD MEMBER'.,' BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD 11,11 11 j-11 TO: Gerard P. Goehringer FROM: Bennett Orlowski, Jr., Chairma k RE: Request for code interpretation Drinking Establishment vs Restaurant with Service Bar DATE: August 18, 1998 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 The Planning Board from time to time has to differentiate between a drinking establishment and a restaurant with a service bar. The Code does not have a definition for a drinking establishment and is silent on a service bar for a restaurant. The problem comes up when a restaurant wishes to establish a bar. If a drinking establishment (bar) is not permitted in the zone, the Board needs to know how to differentiate when a service bar is accessory to the restaurant as opposed to a drinking establishment functioning primarily as a bar and serving finger foods as required by State law. If we can give you any additional information or clarify the problem further please contact us. r' x Pb—NNING BOARD MEMBER f ' BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD December 30, 1998 Philip J. Cardinale, Jamesport Center 1451 Main Road P.O. Box 2021 �O_,g�FFOtkC o Gy1 co 2 1 • y�ol �ao� PLANNING BOARD OFFICE TOWN OF SOUTHOLD Attorney at Law Jamesport, NY 11947-2021 RE: Drosco Inc. Proposed Site Plan for Main Road, Greenport SCTM# 1000-45-1-12 Zoning District Limited Dear Mr. Cardinale, Drossos Motel Business (LB) Town Hall, 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 December 22, 1998, inquiring as to the status of the above site plan application and as to whether a hearing before the Board of Appeals will be necessary. Specific and generic questions are pending before the Zoning Board of Appeals. Therefore, questions as to the status should be addressed to that Board. The Planning Board will proceed with the review of the site plan. However, the following information is required to be shown on an amended site plan. 1. As the Long Island Power Authority has denied parking for the gift shop building, which contains the proposed business expansion, please show where the parking for these uses will be located. Show details such as all uses, existing and proposed, parking calculations, and parking spaces, including handicapped parking on all three parcels. Since there seems to be more than one parcel of property involved, please indicate whether all parcels and property owners are part of this amended site plan. 2. Any proposed outdoor lighting. 3. Lot, Block and Section number of the property. 4. A survey prepared by a licensed surveyor. 5. Key map showing location and owners of all adjoining lands within five hundred feet of the subject property at a scale of 1" = 1001. 6. Existing zoning, including zone lines. 7. Landscaping plan, including landscaped buffers. 8. Location of any proposed outdoor sign. In addition to the above, a review of the project will be required by the Suffolk County Department of Health Services and the New York State Department of Transportation. If you have any questions, or require additional information, please contact this office. inc r y //%` 1 d t . Kas n r Site Plan Reviewer Encl . cc:�G:erard= PGoehringer, Chairman Board of Appeals A 3. Lot, Block and Section number of the property. 4. A survey prepared by a licensed surveyor. 5. Key map showing location and owners of all adjoining lands within five hundred feet of the subject property at a scale of 1" = 1001. 6. Existing zoning, including zone lines. 7. Landscaping plan, including landscaped buffers. 8. Location of any proposed outdoor sign. In addition to the above, a review of the project will be required by the Suffolk County Department of Health Services and the New York State Department of Transportation. If you have any questions, or require additional information, please contact this office. inc r y //%` 1 d t . Kas n r Site Plan Reviewer Encl . cc:�G:erard= PGoehringer, Chairman Board of Appeals .�.f 6' LLGO (i4.G(iC/ (moi 6LG1 LGv /z i -/&Vinet�� Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold NY 11971 !n I P, k�z- -UV i l/ y December 22, 1998 Ree Costas application for Drosco Inc. 69465 Main Road, Greenport Tax Neap #1000 - 45 - 1 - 12 Dear Sirs: IV/ 1461 &,vil Road -00- '0oa'2021 ,Zme&66 ✓ eeur &o4 1047-2021 (616) 722- 4744 Saw (610 722- 4577 Please let this confirm that the undersigned represents the interests of Drosco Inc. and Mr. and Mrs. Costas re the above. Please therefore note your records accordingly. Please also advise as the the status of the application and in particular as to whether,a Zoning Board of Appeals hearing will be necessary. Thank you. Sincerely, r Phi 1 iP J. -Cardinale iII AS P.O. BGX!121 413 MWA'Stm4i f;-__ ^ xk ..*t 1 ►• , �' Il. iE.►;. 1 cx".1_. '.�= ! .�_ - f�} _ `c>= e � U -. -- / i -. •._-,. R' � ti.. � s. °�(- �1• `_ _ �f Howeva, i W - to =i 1 issues. l.= mWAS - -tet.in the,l'b;uuu en G. '. '.--ii i I,ii g-► _4r 1,767 • +_i, .` _ ► ' s the sadirS mu of V ,i t f - 6W sq - =' • . t.�i = 1 N.�. �• E� �= - .::_I' -# II t ( - r.�i�- • -i •r•: - 1 :�►' - r.. � . *- - t i . _ = 4 ,-.. '►; � a - � i 1; � r':' s-1=4 ► _ � .r',<: hl i� .:S -i , 1 _— , [ R � ► � .'Eef ! 1' 1� i' e f = __ - f: y-' . a � 'Y.., ° f ♦ -,, - ► - •� ' '.Y.. ' i `-.) �. lie., 1 ��:' l= 1 ! Jie_I�. ;,at ► .. '_ �' � ..., :..l: 1 - i . t�� f - 1. bmwfk Afdkk@GL P.C. I BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS DRGE RITCHIE LATHAM, JR. RICHARD G. WARD 1.11.4 N11NGYD®ARID ®JFIFECIE TOWN OF SOUTHIOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 TO: Ge arrcd-P.'GOe`h-rtrrger 88hairman, Board of Appeals FROM: Bennett Orlowski, Jr., Chairmaac),— RE: Review of footage breakdown for Drossos submitted to ZBA by Robert Brown on January 21, 1999 Drosso's Motel Main Road, Greenport SCTM# 1000®45-1=12 Zoning District - Limited Business (LB) DATE: January 27, 1999 The Planning Board has reviewed the figures given to your Board on January 21, 1999, by Robert Brown concerning Drossos. The existing food service is shown as 2,268 square feet. This number differs greatly from our calculation as determined from the site plan dated January 15, 1999. In reviewing this figure with Mr. Brown, he indicated that the 2,268 figure was in error and should be 2,005 square feet. Mr. Brown further indicated that the storage areas and all four bathrooms were in this 2,005 figure of the existing snack bar. The shaded area of the plan comprising the bar, seating area, and dance floor is approximately 1,560 square feet. If the area shown as, 9°storage for tavern", is added, the total floor area for the proposed bar area/dance floor and storage area is 1,767 square feet. The existing snack bar,( seating area/ food service counter) , kitchen, storage area, and walk in freezer is approximately 1,105 square feet. Bathrooms have been left out of both calculations We hope this information proves helpful in your review. PAGE 02 FAMwCATHEa.-saam DMG-N A&SOCUM INC [E@Rnw[E P.O. Box 321 413 Main Shia JAN 1 91999 '999 qu) sl&mm3 -JL�/ lawy 19, 1999 Z0049 RWd OfAppah TO -.11 Of SM&W Mtk ROW SWJUW New Yak Mr, Godtkaw, AS tOqMW blfft is th-O., *pM-v footage breaMown by _se Co.-wwivS the COmW applc*kw I& i )IYOj-kA-vv". ftulhaTtIeMi6m, plowe do not be to contmm. —"A Ro6ut L B—M ArdAnd. P.C. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 ►I ►i • �'I� BUILDING DEPARTMENT TOWN OF S® ®LD TO: Planning Board FROM: Edward Forrester, Director of Code Enforcement V - November .. RE: Application of TFG Acquisition Corp. ( Drosso°s SCTM# 1000-45-1-12 Fax(516)765-1823 Telephone (516) 765-1802 Please be advised that the above application for an addition to the existing restaurant has been in the Building Department for about seven weeks, we are awaiting Planning Board approval before moving forward on the permit. It is my understanding that this addition is actually a renovation of existing space and does not expand the footprint of the structure. The planned renovation calls for additional tables and a service area for alcoholic beverages accessory to the food service. The area involved and number of tables are matters you may have to consider when reviewing this project, the use is permitted in the zone and the accessory service of alcoholic beverages is common to restaurants in this town. ofi B Town Hall, 53095 blain Road 29 y, P.O. Box 1179 Southold, New York 11971 BUILDING DEPARTMENT TOWN OF S®lLJ P H O LID Fax (516) 765-1823 Telephone (516) 765-1802 OUR JAN 1999 LG a I® O rVX J J MEMORANDUM r TO: Gerard Goeringer, Chairman Zoning Board of Appeals FROM: Edward Forrester, Director of Code Enforcement DATE: January 20, 1999 RE: Drossos In October 1998, prior to formal application for renovation, Bob Kassner and I conducted an inspection of the site with the proprietor. At that time the proposed renovations and uses were discussed. We were shown the existing operation and walked through the proposed area of renovation. I observed a full commercial kitchen ( Health Department approved ) and a large rotisserie that they indicated would be used in the new operation. I was able to ascertain through this tour that the applicant intended to establish a seating area for dining and a horseshoe shaped bar for alcoholic beverage service. Subsequent application was made and based upon my understanding of the proposed use and my interpretation of the Code, together with the similar uses currently in place throughout the Town, I certified the use as permitted and sent the applicant to the Planning Board for site review prior to issuance of a Building Permit to construct. I made this determination based upon my discussions with the applicant as well �. as the application itself. I believe I understand the scope of the project and have made my decision basL�upon the Code. Y- 1 have submitted to you copies of memos generated by me and correspondence I had received copies of from the applicant. I have an earlier commitment on the evening of the hearing but I intend to attend. I make this statement regarding the application in the event I am detained. z PLANNING BOARD MBIA B ER!B BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD V , , L� JANUARY 21, 1999 Town Hall, 53095 Main Road P.O. Box 1179 ® a ° `� Southold, New York 11971 C v Fax (516) 765-3136 Telephone (516) 765-1938 PLANNE G BOARID OFFICE TOWN OF SOUTHO]LD Good evening Mr. Chairman and members of the Board. My name is Robert Kassner. I am the 'T'own's Site Plan Reviewer and I, to ether with Ben Orlowski our Chairman, are representing the Planning oard in its request for a Town -Wide Interpretation rewarding restaurants and /or g establishments in the Limited Business Zone. We are also requesting an interpretation or appeal of the Building Inspector's determination regarding Drossos. As you know, the zoning code defines restaurants but not drinking establishments. The issue is, at what point does an accessory bar use increase in size and operations so as to cross a line and become a second primary use as a drinking establishment? Drinking establishments are permitted by Special Exception in certain business zones but not in the Limited Business zone in which Drossos is located. The question is, how can we reasonably deterraine when a restaurant or a drinking establishment or both are primary? The planning Board has determined that thee--pproposed business expansion at Drossos is a drinking establishment for the following reasons: The site plan submitted with the application says, "tavern" on the plan. The Illustrated Book of Development Definitions, published in 1995, by the Center for Urban Policy Research, Rutgers University defines "tavern" as follows; "An establishment used primarily for the serving of liquor by the to the general public and where food or Dackaaed liouors may be served or sold only Page 2 2. The proposed tavern, as shown on the submitted plan, calls for the construction of a 12' by 12' bar, 144 square feet of floor area, with twelve bar stools within an existing building area of 1,155 square feet. Of this 1,155 square feet, the bar area is 580 square feet and the cocktail table area is 575 square feet. The tables are 2' by 2' with two chairs at each table. The bar/lounge area is adjacent to a 400 square foot dance floor. The cocktail table area and the dance floor comprise 975 square feet or 84% of the 1,15Yarea. 3. In a recent Drossos advertisement in the Cross Sounder news the advertisement contained this statement "NEW Hide -Away Lounge and Dancing." The dictionary definition of lounge includes the following: 1. A public waiting room. 2. A bar where alcoholic beverages are served. In addition as I am sure you are aware; the State Alcoholic Beverage Control Law 106 (), permits bars and taverns to sell alcoholic beverages until 4:00 a.m. This State law preempts any municipal regulation concerning the hours of operation of a bar or tavern. (People v. DeJesus, 54 NY 2d 465, 446 NYS 2d Z07 (1981). In conclusion, for all of the above reasons the Board has determined that the proposed expansion at Drossos most closely approximates a drinking establishment which is not permitted land use in this Limited Business Zone. The Board is aware the applicant is desirous of re-establishing the tavern, but by calling it another name doesn't change the reality of what is being proposed. Our second request is for a Town -wide interpretation under zoning code section 100-91A regarding restaurants and/or drinking establishments in the Limited Business (LB) District. I would be pleased to answer any questions that you may have. lounge :1 IowerP (1987). The cases are complicated and in some cases contradictory. In the Keystone case, for example, the court appeared to suggest that if the regulations serve broad public purposes and permit reasonable economic use of property, they are legal. In the Nollan case, on the other hand, the court seemed to say that the broad public benefit is narrow and has to be carefully considered; finally, in the Lutheran case, the court indicated that if the regulations are too restrictive or excessive, then the entity harmed can secure damages for the time the regu- lations were in effect. TANK FARM An open-air facility containing a number of aboveground, large containers for the bulk storage of material in liquid, powder, or pellet form. TAVERN An establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use. TAX ABATEMENT Full or partial exemption for a defined period of time of real estate taxes. Comment. Tax abatements can be used for a variety of purposes, including encouraging development, historic preservation, natural resource conservation, urban rede- velopment, enterprise zones, or some other public objec- tive. In many states, tax abatements are limited to those uses listed in applicable state legislation. TAX-EXEMPT PROPERTY Property that, because of its ownership or use, is not subject to property taxation. TAX MAP The recorded map of delineated lots or tracts in a munic- ipality showing boundaries, bearings, sizes, and dimen- sions, including the block and lot numbers. Comment. The tax map shows individual parcels of land that are duly recorded in the office of the county (usually) recording office. It may include ownership and use. TELECOMMUTING A work arrangement for performing work .electronically, where employees work at a location other than the pri- mary work location, such as at home or in a subordinate office. 275 mouth of New London Harbor. The lighthouse is also known as Pequot Lighthouse. it was com- pleted in 1760-1761 as one of the first lighthouses erected in the American colonies, and was' rebuilt, aj i,180 1. .When. sail tig up the Thames . River,just before arriving at the ferry dock ®n the.right'Wheil. cumin frolriL04 Island;'®r just doer.leavfng`ihe dock, on, the left 7 -heti dep'artiitg Connecticut, you will see the Electric Boat Shipyard Division, of General Dynamics. Located-hf Groton on the east side of the river; `It'is one of only t o• locatioris in the' country where nuclear sub- marines are built and •serviced. Look closely and you may be able to see submarines docked along the bulkhead or being worked on and serviced in the hanger-type,boat houses along the dock. Don't be surprised if you see a submarine cruising near your ferry in the Thames River or in Long Island Sound as it heads to the shipyard or back out to sea. For more detailed information about sights seen when traveling across the sound, read "Capsule Histories of Some Local Islands and Light Houses in the Eastern Part of L.I. Sound," compiled by Captain Benjamin R Rath burn and available at local bookstores. at the Electric Boat Shipyard. ®TEL Welcoming you to luxury lining away from home AIR CONDITIONING m COLOR TV EFFICIENCY UNITS AVAMARII,E 1. 16 UNITS 18 -HOLE VAINITUREGOLF &, G43<I. Ii00 Y ,A Our Famous Buckets of Chicken, Burgers, Fries and Shakes, Route"' 25, Greenport, New York DROSSOS IS 1 MILE WEST OF GREENPORT VILLAGE ON ROUTE 26 AUTUMN 1998 ® Cross Sounder 9 lz� M, oil I CERTER FORURBAN POLICY AESEARCH oil I CERTER FORURBAN POLICY AESEARCH FORM NO. 4 N TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERKS OFFICE SOUTH'OLD, N. Y. CERTIFICATE OF OCCUPANCY 2 624 June 14 60 No......................... Date ......................................................... 19........ THIS CERTIFIES that the, building located at . /W..P�lftjn 'R.o&d+ Gre®nPo. reet MapNo ......................... Block No.......................... Lot No................................................................... conforms substantially to the, Application for Building Permit heretofore file&4m.rth'is ,office- dated 19........, pursuant to which Building Permit No. 75 ?29 Jtille $�t 59 .......................... ......................................... J=0 93 59 dated...................... ........:................:... 19......:., was issued, and conforms to all of the requirements of the applicable provisions of the low. The occupancy for which this certificate is issued is ................ AMUSEMMT ENTRIMISE — ARC»RY RANGE ............................................::............::............:......................................................................................... This certificate is issued to JOhA.. Dr0690s�.... owner........ ......... .................... .................... .... .. ... .... (owner, lessee or tenant) of the aforesaid, building. ......................................:.......................... ........ Building Inspector J l r 4 M • ��yr yf':C..T.sa.. FORM NO. 2 TOWN OF SOUTHOLD, BUILDING DEPARTMENT TOWN! CLERICS, OFFICE SOUTHOMIR. Y. BUILDING PERMIT (THISPERMIT MUST 13E'.51 KEPT - ON. THE PREMISES UNTIL FULL COMPLETIOW,OF'TH`E W. . 0' RK AUTHORIZED) 720;, Date........... .......................> .23....... 1'9,.,, Pdrmissflom is hereby' granted to: ................ ...... . ............ ................... . ...... .... SAO; ma" ................................................... .......................... to ....... ..................... ........................ ........ .......... ......... ............................................. ....... . .............. ...................... .................................... ....... at premises, locafed'at .......................... wo Uai -xiinqmv ................. ................... .................. ......................... (ita). .................... .................................................................................................. ............................... pursuant to-'application ddted ........................ ......::.....1.9,,,59., and' approved by the Building Inspector Fee....... ......... ......... ........... �� Buil�i,n*g"Inspector. FORM NO. 4 j l�l �J �_ �_•{ ale L. S/R �! S . No. 70 ... E2 9 .............. Date Au st..28. 19 THIS CERTIFIES that the building located at N/S..Main..Road..................................... Street Map No..........:`............ Block No ....................... Lot No. ... ork...................... conforms -,;substantially to the Application for Building Permit heretofore filed in this office dated e"�e. be. 4,.......... 19 A9 pursuant to which Building Permit NG173.4...Z..§ 2935 z ................................... ... , dated �o�•. ••• .••.......... 19..6., was issued, and conforms to all of the requirements.' of the applicable provisions of the law. The occupancy for which this certificate is issued is ........ ..........Bus ne.gm build.ng.. .............................................................................. ............................... The certificate is issued to .......!79 ..P .Qo.Qo................................................................................ (owner, lessee or tenant) of the aforesaid building. ......................................................................... Building Inspector OD a FORM 90.4 ?, TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. V. CERTIFICATE OF OCCUPANCY No.........9-40 ...... Date ..................... jonVAT Y-13.......... 19.62. THIS CERTIFIES that the building located MapNo. ........... Block No... ;R1t............ Lot No...................#10.......................................... conforms substantially to the Application for,.Bu,i,l,ding Permit heretofore filed in this office dated ..............:t®!sY.A.1...........................1 19-0 pursuant to which Building Permit No. dated ... . ........................1 19.....00, was issued, and conforms to all of the. requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is .......... .............33030113100 ... OWW ..K.".. ....,.......................................... Thiscertificate is issued to ................................................................ (owner, lessee or tenant) of the .aforesaid building. ...............................................................1........... BuildingInspector No. Z . 30.55... . FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CL'ERK'S OFFICE SOUTHOLD, N. Y. . •Y CERTIFICATE O OCCUPANCY Date .................. APR4.. R;? 19. fib THIS CERTIFIES that the building located at .6940.] VIS . Karo. -Road..... Street Map No. 3D1X........ Block No. .. ....... Lot No. . (A►Tsh�, , C�reellpOrt' N.Y. conforms substantially to the Application for Building Permit heretofore filed in this office dated ........ABI .....4......., 19167. pursuant to which Building Permit No. 3.7347A.. dated .......... Dec ..... I ..... 19-67, was issued, and conforms to all of the require- ments -of the applicable provisions of the law. The occupancy for which this certificate is issued is . Biwngp.s . Aull.curg .. m .$£Staurant..................................... The certificate is issued to .eTohn. Droasos . oxner..&..Niak. Dxos.sosz . PmopTietor (owner, lessee or tenant) of the aforesaid building. ,Suffolk County Department of Health Approval .... K.,R.................................. Building Inspector 5 =, - Conducted Located CERTIFICATE NO. ` ? 7 C�e�ti�r�fp n� (�nm�rlittnre WITH THE PROVISIONS OF CHAPTER 405, LAWS OF 1922, AND THE �fttfr �tanbarb Butibing Tobr THIS IS TO CERTIFY THAT THE PLACE OF ASSEMBLY DRO'ss o s AsEEm J -L W/S M A I N e4 Address L oyNG� wo Name of place of assembly HA- L l.` C SS rAv P, Ac 1J Theatre, Motion Picture Theatre, Assembly Hall City, Town, Village OCCUPANCY .e��✓�o��T; -S County (Allowed Capacity) Auditorium --;L3 Balcony_ Standees cL-o Total--; . (Number of persons) (Number of persons) (Number of persons) (Number of persons) Is in compliance with the requirements of Article 17 of the Labor Law. This certificate may be revoked unless the premises are maintained according to the provisions of the Labor Law applicable thereto. and Rules adopted thereunder. ----------- Signature of enforcing A Date V Y 19Z7 o r Title • � /fit THIS CERTIFICATE TO BE CONSPICUOUSLY POSTED AT ENTRANCE SEVEN FEET ABOVE llj-f 1 /, AS, kf ,k / I (0(&Uj ( SAS, fJ sl;i� ti ALEXANDER F. TREADWELL SECRETARY OF STATE STATE' OF NEW YORK DEPARTMENT OF STATE ALBANY, NY 12231-0001 HAUPPAUGE UNIFORM'CODE BOARD OF REVIEW In the Matter of the Petition of: TFG Acquisition, Inc. For a Variance to the New York State Uniform Fire Prevention & Building Code ----------------------------- DECISION rs, U _ 11- MAR -2 0 1995 PETITION NO. 327-94-52 G. DEPT FS(1M. Upon the application of Robert I. Brown, A.I.A., filed pursuant to 19 NYCRR 450 on July 11, 1994, and upon taking testimony and hearing argument thereon at a duly auge Uniform Code Regional Board of Review held at noticed hearing before the Haupp Veterans Memorial Highway, Hauppauge, New York, on Hauppauge State Office Building, January 19, 1995, and upon all other papers in this matter, the Board makes the following determination: NATURE OF GRIEVANCE •AND RELIEF SOUGHT The petition pertains to the alteration of an existing C2 and C5.1 (mercantile/assembly) occupancy one story in height, type 5 (wood frame) construction, approximately 5,890 square feet in gross area at 69465 Main Road, Town of Southold, County of Suffolk, State of New York. The petitioner is seeking relief from: - 9 NYCRR 771.4(a)(6), which prohibits mixed occupancy in wood frame buildings [petitioner requests relief for mixed retail and assembly occupancy in wood frame buildings]. FINDINGS OF FACT 1. The building is an existing one story wood frame building which is being altered to house a mixed occupancy of mercantile (retail) and assembly (restaurant) occupancy. LJ printed on recycled paper i, 5N , I D P� No. 327-94-52 ill structure on the adjoining lot is being combined with a larger ,ture to form one building. The resulting building will now straddle .ot line. Both lots, however, are under one single-family ownership. As an alternative, the petitioner proposes to install a two hour fire separation wall between the mercantile and assembly occupancy. 3. The Board determined that since the ownership is under a single family this helps mitigate some concerns related to the operation of the mixed-use building. 4. A fire and smoke detecting system is required to be installed throughout the entire building with a central station alarm. The detection system is to be installed in the building on both lots. The Board finds that this is a requirement under 9 NYCRR 791, 5. The Board finds that if the occupancy increased or the incorporation of additional space within the building beyond the space showed in the petition a sprinkler system will be required per 9 NYCRR 774.4(a)(2)(ii). 6. The fire department is about one and one half mile away and there is a fire hydrant directly across the street. CONCLUSIONS OF LAW With respect to 9 NYCRR 771.4(a)(6), strict compliance with the provisions of the Uniform Fire Prevention and Building Code would be unnecessary in light of alternatives which ensure the achievement of the code's intended objective or in light of alternatives which, without a loss in the level of safety, achieve the code's intended objective more efficiently, effectively or economically. etiti.on No. 327-94-52 Page 3 DETERMINATION n- ' 0 WHEREFORE IT IS DETERMINED that the application for a variance from 9 NYCRR 771.4(a)(6) be and is hereby GRANTED with the following conditions: 1. A two hour masonry fire separation that extends to the roof be installed between the mercantile and assembly occupancy. 2. A fire and smoke detecting system that is electrically wired and interconnected with a central station alarm be installed in the building. on both sides of the lot line. 3. If for any reason one lot or the ownership changes, it will void this variance and code implications will have to be reviewed. Any consideration for a future variance will require a new application. Furthermore, it should be noted that the decision of this Board is limited to the specific building and application before it, as contained within the petition, and should not be interpreted to give implied approval of any general plans or specifications presented in support of this application. Chairman Hugh Jay Gershon and members William A Riley, Leopold Field and Emil G. Stein concur. So ordered. Hauppauge Uniform Code Board of Review By: Hugh Ja VGeshon, Chairman Date: 6I MAf2zR C/ggv% jk aiP1 q - ''4 _-• }'XCE �tOK S� STATE OF NEW YORK DEPARTMENT OF STATE ALBANY, IVY 12231-0001 GAIL S. SHAFFER SECRETARY OF STATE NOTICE OF HEARING NYS UNIFORM FIRE PREVENTION AND BUILDING CODE BOARDS OF REVIEW --------------------------------------- Petition No. 327-94-52 In the matter of the petition of: TFG Acquisition Inc. 66155 Main Road b Greenport, NY 11944 for relief related to the New York State Uniform Fire Prevention and Building Code ----------------------------------------- Sir or Madam: rt 450, a hearing on the petition identified above has as Pursuant to 19 NYCRR, PaBoard of Review at 1: been scheduled before the Hauppauge Uniform Code h0 Veteran's Thursday, January 19, 1995 in Room 2B43, New York State Office Building, Memorial Highway, Hauppauge, New York. he You may appear in person or be represented by counsel o appear, , thetheari hearing of presenting such witnesses as you desire. If you fail to a ear, be conducted in your absence. Your issues participatio in this hearing can contribute to a better understanding of the If you are represented by counsel, Section 166 of the Executive Law requires erein your attorneeytto file ba Noticeeing of fsaredaforesuchtadvocacyffice and state, whether o nt ice in y, New You may review the offPce(s)obyat the arrangement. TheolocaltCodefEnforcementnofficial York, or additional t J. has been sent a copy of all the material submitted. D1162Washington Avenue,ond Andrews at (518) 474-4073, or write to Codes Division, Albany, New York 12231. Attached to this notice is a brief description of the building and the relief sought. DATED: December 21, 1994 RQ: j 0 printed on recycled paper 9 Building Description and -Relief Sought Petition Number: 327-94-52 Matter of TFG Acquisition, Inc., Attn: Gus Costas, 66155 MainRoad';--_'Greenport,-New York 11944, for a variance concerning mixed occupancy in wood frame buildings. Involved is the alteration of an existing one-story wood frame building for mixed retail and assembly use at 69465 Main Road, Greenport, Town of Southold, Suffolk County, New York. i l� 4 data. scale, BLDG. DEPT. a 4.z'�14 TOWN OF SOUTHOLD Ix , drawing oo. f -RED 8,N low— W 341 OF IV EV4 '44 -�j 1 PLANNING BOARD MEMBERS -.0- Richard G. Wand, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L Edwards ` June 10, 1994 Irene Costas P.O. BOX 150 Greenport, NY 11944 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 RE: Review of parking for proposed gift" shop at Drossos Motel Main Road, Arshamomaque Zoning District: Limited Business (LB) SCTM# 1000-45-1-2 Dear Ms. Costas, The Planning Board has received your letter of May 24, 1994, requesting that the Board review the parking for your proposed gift shop. The Board is unable to determine the parking requirements of the motel and gift shop as we do not have an approved site plan on file at this office. In order for the Board to review the parking requirementsthe following information is required: . Description of all business activities on the properties; restaurant, golf course, bowling alley, gift shop, ice cream store, etc. . Number of guest rooms. Number of employees, (all. business activities on the properties). . Gross square footage of gift shop. . Any leases. to use other business properties for parking. -Number of parking spaces presently provided. Please provide the above information by tax parcel. If you require further information or assistance, please contact this office. Anc el�yf, ber G. Kassner i Site Plan Reviewer _1 cc: Thomas Fisher, Senior Building Inspector In Charge !f JUN 131994 July 1$t 1977 X'rs. Patricia Drossos, Prop# lDrosaos,-Lounge Main Road (W25) Arshamoma,que, Greenport L.%., N.Y. :JeaT elvs$. Drojsosl In response to complaints wade to the Gurs:,viaer and down Board, f&,: Overcrowding in the Lomge and th.,3 3ho,"ta a of off straot Pgrkings an inspection of the Loungewas made by Edward Rinderman and myself on July 1, 1977* We have determined that open floor area L!1^:d be. -j- area is enforced by you and your staff# the legal capacity of the Lounge 212 partsons ® This must be strictly I have triad to get you on with. the Planning Board for tonigh- meeting to get more "tiff street parking" approved on the east side of $• .,a tam 5 t ,,� ��.,, �I�.;iI d..LMs•d ,:..w�.,? ��! ._ ._: . _.-� croarded .parklxg -,r ,, � .�;? � � on TtI3y 1. thr#t; "head counts" have been .hz lounge was open wrid the bands playing* Two of the co"ts -showed more, than 232 people: in the lounge at one time and on all three occasions the exit: doors were blocked and locked. This is a violation of the Public Safety Laws, Rule 36 36•-6.8o2$&- section 36-6.8.3® There should be panic dears on all exit door s, un .oc -rc.d and oparaole durini?, hours wish— Brie place is open and oacnipied, it least tr,o 2-1- gallon sodw-acicA or loaJjad sta•eaja fire exting. uishers are reg7t1irod, for this size floor Area. They should be hung in conspicous locations remote from each other, and checked at least once a year a compitent servicing persce, Enclosed pleaaa find a state Standard Certificate of Compliance for an occupancy oi' 252 persons in the Lounge' this must be posted near the" enverance as noted on the bottom line. Fa.ilurc to maintain this on display id a violation of 36-1+?3« Further "head counts" will be made in addition to checking for open exits. Failure to keep exits open and limiting the capacity to 252 will force us to take legal action to compel compliance. Yost s' truly. top Supervisor Albert Marto:chia Town Hall Southold, N,Y, Dear Sir, July 1, 1977 In response to your requests an inspection of the Drossos Lounge, Main Road'Arshamomaques Greenport was made today,' We .find that the total usable open Boor area ( seating and dance floor) has been increased to 2021 Sq Ft, tinder the New York State Building C._ -de 15 sq ft per chairis required for night clubs, cabaret etc, thus allowing 151+ seatse We counted 144 chairs including reserves. Public assembly Rule 36 requires 10 s ft placed provid�:n g9 dane�n �1 Per person -Lor-Loraccomodate 232 persondeThe Bararea with hseatsnand®standing Would d will accomodate at least 20 mores making an occupancy of 2526, ®m Adeauate exits -are provided in that 12" of doorway is required for each 50 people; There is over 144" of openable, legal siza. exit doors, which'is adequate for 600 people. There is one toilet and wash basin in Female toilet and one toilet,. one urinal and one basin in ma;e toilet. Rule 36®11.2 requires one toilet ddr each 200 females, one toilet and one urinal for each 200 males, one basin for each two other tequ.ired fixtures. They claim less than 5 female employees on premises, We find that they are short in required "off street" parking area,by at least 3500 sq ft. under our zoning regulations, A request to the Planning Board for approval of more is now pending. Hopefully the Parking on E/S main Road from L•I.LCo y may g®t additional space on lease I have requested a "head count" rrom the Greenport fire inspectors see letter attached. Yours truly Sr Building Inspector JOHN WICKHAM, Chairman FRANK S. COYLE HENRY E. RAYNOR, Jr. FREDERICK E. GORDON JAMES WALL Ms. Patricia Drossos Main Road Greenport, New York 11944 Dear Pat® September 1, 1977 TELEPHONE 765-1939 The following action was taken by the Southold Town Planning Board at a regular meeting held August 22, 1977. RESOLVED that temporary approval be granted Patricia Drossos for restaurant parking on the south side of the Main Road on business property owned by Ms. Drossos, subject to presentation of proof of a signed lease or statement from Long Island Lighting Company that they are willing to provide permanent parking. This permission is granted for 60 days® As of this date, I have not received the agreement with the Long Island Lighting Company® Copy to Building Inspector Yours truly, Murie rush, ecretary Southold Town Planning Board JOHNVICKHAM, :Chairman FRANK S.-COYLE HENRY E. RAYNOR, Jr. FREDERICK E. CORDON JAMES WALL Ms® Patricia Drossos Southold" NY` 11971, M September 1, 1977 TELEPHONE 765.1938 -Main' Road ti Greenport, New York 11944 'Dear Pat: The following action was taken by the Southold. Town Planning Board at a regular'meeting held August 22,. 1977® RESOLVED that temporary approval be granted Patricia Drossos for restaurant parking on the south side of. the Main Road on business property owned by Ms. Drossos, subject to presentation tT 77 of proof of a signed lease or. statement from Long Island Lighting >'TE of Company that they are willing to provide permanent parking. This permission is granted for 60 days® As of this date,. I have not received the,.agreement with the Long Island Lighting Company® Yours truly, Murie_ rush, ecretary Southold Town Planning Board Copy to,Building Inspector .�. ,to l 'l . 'pP T� JOHNVICKHAM, :Chairman FRANK S.-COYLE HENRY E. RAYNOR, Jr. FREDERICK E. CORDON JAMES WALL Ms® Patricia Drossos Southold" NY` 11971, M September 1, 1977 TELEPHONE 765.1938 -Main' Road ti Greenport, New York 11944 'Dear Pat: The following action was taken by the Southold. Town Planning Board at a regular'meeting held August 22,. 1977® RESOLVED that temporary approval be granted Patricia Drossos for restaurant parking on the south side of. the Main Road on business property owned by Ms. Drossos, subject to presentation tT 77 of proof of a signed lease or. statement from Long Island Lighting >'TE of Company that they are willing to provide permanent parking. This permission is granted for 60 days® As of this date,. I have not received the,.agreement with the Long Island Lighting Company® Yours truly, Murie_ rush, ecretary Southold Town Planning Board Copy to,Building Inspector .�. ,to l 'l . 'pP Known as_ Conducted Located at CERTIFICATE NO. A%t_t*tj'r+*tr WITH THE PROVISIONS OF CHAPTER 405, LAWS OF 1922, AND THE 2�tatr 2�tanbarb Vuitbing THIS IS TO CERTIFY THAT THE PLACE OF ASSEMBLY DROSS 0 S Ls A S E F itis a l- WIS MA►N 12d Address L ovNG� Name of place of assembly �--} A�L l._ C 7.4 U rtA ,c J 7— I3 A R-) Theatre, Motion Picture Theatre, Assembly Hall RrJ5� A950A)4oM /�00 r •'�, (Allowed Capacity) City, Town, Village County Auditorium Balcony � Standees �0 Total �.?— (Number of persons) (Number of persons) (Number of persons) (Number of persons) Is in compliance with the requirements of Article 17 of the Labor Law. This certificate may be revoked unless the premises are maintained according to the provisions of the Labor Law applicable thereto. and Rules adopted thereunder./,/ Signature of enforcing Date—j V 197,7 Title THIS CERTIFICATE TO BE CONSPICUOUSLY POSTED AT ENTRANCE SEVEN FEET ABOVE i ha u c• ` i I �//LGU ���✓�2 �'i�Y-Y1-.Q/L �{� �7(J, /-�%� ��. tiC'� 1��� \L�ct."., (�(i y/7 A�((�W,q=p (.l'1 i'2b� /QLD, cI �/N�•C.c P, yri l.,^�— c-�Zt l+ Lc•:L� i // i� r1C7 GLS �L'1 f r. 37.EY Ze lNnt.�� • l w�'`•"'�1 �L'�l oC `�.�C "a? Cin �QM� � ,(%� L � _ / --� e -T r r -77 �^n� t,�j� lily Wit./ �/f Cv�a�/ 11 �CL��1.•tC4 c� ��j /.1ra-4-Cat / IQ t ,•, �C� i /� tl, ^ vC{' �4.-e r -t arc �e•,.0 ti.,,1�� Ile, . C,C l� t- � r <1.{ i, V'L C. ,c -�..4� �J (. "j •S'r'i !k'('�! �M11 4-vz- T— tqt� 0 .30 32-�t7Z- -71 -7 az( ✓1� � '/J 3/'z�7e T/(-) l /V 0 0 -� L/ 5 S3 �-- �/z—�53-5-�2 tf5-1— 13 - a i�u 4 Xc a a'- c�ti. e _ S� Cr ✓ �P/zti� n v-� ��� �v 4 CW iUAwaa-d - i-- C-� moi; �— p ?, `'/7 / 7.3 Cara 3G/ 3y z 22 3° r LI 3.57 7 _ r 3 `7 .3 f Z. ` L/ Y U -7 G i 2— yxI-7 N >e S 362- �nl� �2Y"" y 6:���%y j000, /[70 � ys -.6— / / FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. (THIS PERMIT BUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Date............ . 3 ...................................... 19.4 N2 22034 7 - Permission is hereby grant5d to; qq� .............. o ' / ......�........ 0 ,... .... ..... ..... ..:......l.f`........ to... v ............ ..�.�! .................................................. .�.....:...... �J.... v ............................................................................... ................................... at premises located at ............ ...................................... .................. County Tax Map No. 1000 pursuant to application date Building Inspector. Fee Rev. 6/30/80 �......i ......................................... .......................� ..,..., ' j . Section .............'.:/.�.. Block ........ ..........I..... Lot No. .. ..................-3.................. d ...,...... % .............�1` ................. 19 ................ and approved by the �. ................ X .......... uilding Inspector r �;��---:. _ �r.�;'�. .,,.. _- r.. __,-.�., - z�_. �a F�:-a _cam �,.��u�- �,�-.^�_ � m_�:.,:�v�:.. �,.--,��•.�,a. FAIRWEATHER BR®WN 5 ARCHITECTS & DESIGNERS BOX 521,122 Front Street Garden Greenport, N.Y. 11944 516-477-9752 (fax) 516-477-0973 TRANSMITTAL Date: (�.U•qy To: Re: We are sending, enclosed, the following: [Y] Drawings [ ] specifications [ ] samples [ ] for your: [ ] use �(] approval [ ] information No. Date , R,4- G�S�gS Description A-1 f oag- Pct' Remarks l� GA vu By: cc: baq Petition No. 327-94-52 Page 3 DETERMINATION WHEREFORE IT IS DETERMINED that the application for a variance from 9 NYCRR 771.4(a)(6) be and is hereby GRANTED with the following conditions: 1. A two hour masonry fire separation that extends to the roof be installed between the mercantile and assembly occupancy. 2. A fire and smoke detecting system that is electrically wired and interconnected with a central station alarm be installed in the building on both sides of the lot line. 3. If for any reason one lot or the ownership changes, it will void this variance and code implications will have to be reviewed. Any consideration for a future variance will require a new application. Furthermore, it should be noted that the decision of this Board is limited to the specific building and application before it, as contained within the petition, and should not be interpreted to give implied approval of any general plans or specifications presented in support of this application. Chairman Hugh Jay Gershon and members William A Riley, Leopold Field and Emil G. Stein concur. jk So ordered. Hauppauge Uniform Code Board of Review By: Hugh Jay Ge shon, Chairman Date: it MA�kt Lqqz� 6- BUILDINGDEPT. i 1_Lei �.N].��YLLLI 'OUNDATION �ROUGH ®-OUNDATION 2ND [ ] INSULATION r FINAL 6 X � INSPECTOR III LD s0UI7DATI0v --� (1st) r0U11DATI01.1 ' (2nd) 2.' r ROUGH FRAISE •PLUMBING c 3. INSULATIOl7 PERS 142 STATE ENERGY I t� H CODE I I n 4. FI;JAL I ° I ADDTTIOPI AL C011ti1EPITS: H { °\ ►yA-1 O v 07 20. ^ted.+- i�t?8 cl"i be -d 7 the, Chat i+,�i3S c+":P.�It 3.(^.1'18, or IntI.,a.t-0r- Asia11 furn isb a1I id t X70 i'r l)e,.-e!c-, lrv" to cC:+m 1 el -.F' the ,. t- i i a r k.1 c a bti: ,. e rj r ..• a I„ r e f a 1 climens1 oP.s - and -�oP.d,it 1! tic,n. and sha11 ; e.o rt. any krch?tect- before proceedinq with ,1 patching rriqui:'e.r1 dUe to •; nd /car i_he i nsi.o.t 1 mt l Or' Of new 11i91�':d a:nd meet ;lni'ec:. ?�? 1not l l d 1r+ ,at eriais, +_1 c�rrle.rzt and cc-..rva z. oeration:, ret;�_tired for comp.i_x...:- a5 indid,atect tit-, tl;e drawzn.us. ,int C nri znr-i;N.." PROVED AS NOTED DATE �`3 B.P.#af L' FEE ° �v BY. NOTIFY BUILDING DEPARTMENT AT 765-1802 9 AM TO 4 PM FOR THE FOLLOWING INSPECTIONS: 1. FOUNDATION - TWO REQUIRED FOR POURED CONCRETE 2. ROUGH - FRAMING & ,PLUMBING 3. INSULATION 4. FINAL - CONSTRUCTION MUST BE COMPLETj*bh C.O, ALL CONSYIR &ION SHALL MEET 1 THE REQUIREMENTS OF THE N.Y. STATE CONSTRUCTION & ENERGY, COD f NOT RESPO SIBLE DES ®R W U ON ERR.,.;.. ; client /owner project title. �, i,a�er��a•ar �Un.u. drawing title. date scale. 4,14`W yllllsl�O+i issue. drawing no. it "I ret. no. m (THIS PERMIT, MUST BE KEPT ON THE PREMISES UNTIL FULL COMPL ON OF THE WORK AUTHORIZED) ,< APlPIL N® �s Z Date /.�...., 19�. .................:................................ Per ion i ereby ON to: D -P 0 SS 0S5 U. k T 7�Anl,` ................................................................................ to ......../�,i)D Q1�lT a JUS (N C S -S I I.Di r.I ..................................................................................................................................... . ................................................................................................................................................................ at premises located atF� k 1 1-i � D A � .......................................... ............................................ :..................................... ...............................................................................IT ............................................... ................................................................................................................................................................. pursuant to application dated .................................. A!T' L....11 191.., an pproved by the Building Inspector. d Fee$ ....................... . x "" .................... ......... .... .................... B ilding Inspector t ..;.; JUNE 26 1994ie } S:Ilnw YorkFSrete -Department '-f 'St'ate •: Prevention and Building Code M. Board oN.Y.of Reviews Alban2231 Re: Petition for variance TFG Acquisition, Inc. 69465 Main Road Arshamomoque (Greenport) N.Y. 11944 As per item #11, Petition for Variance, To whom it may concern: In order to accommodate the restaurant from thepre-existing Proposed expansion of a the same h�lr. Gus Costas namedin this Property, e owned by g, as shown in the plans Petition, we are of a party wall to separate 'the (exhibit 1), the equivalent Proposed uses. The "snack bar" structure ad' petition would be o adjacent to the structure under edcreting gparallel walls which are inches apart, in effect S one Type 5 structure. We believe this proposed se separating occupancies paration to be a valid means of property , as it would be in compliance if a p y line ran through the proposed separating Structurally (and therefore in terms of is no difference between a fire safety) there which we are true party wall aril the yfire wall Proposing. We also point out that Table II -771 of the code indica prohibition of multiple occupancies in T and in fact footnote 1 fes no structures. makes specific reference ttocTures, Spe For the reasons stated above will allow the owner of this' We hope the Board of wishes. _property to Review Proceed as he Thank you for your attention to this matter. STATE OF NEW YORK DEPARTMENT OF STATE ALBANY, N.Y. 12231 -0001 GAIL S. SHAFFER SECRETARY OF STATE M E M O R A N D U M TO: GARY FISH FROM: Carl R. Sager Director, Codes Division RE: 327-94-52 FD I, Q 1994 BLDG. DEPT. TOWN OF SOUTHnf n 7/14/94 This is to advise you that we received the petition referenced above, in regard to a property in your jurisdiction. The petition was submitted under regulations of the Secretary of State which govern the variance procedure for the Uniform Fire Prevention and Building Code (19 NYCRR 450). A copy of the completed petition form and supporting documents is attached for your review. Your completion of the attached questionnaire is one way for your local government to provide necessary input to the process. A self-addressed, stamped envelope is provided for its return. Please supplement the questionnaire with any comments or information which you wish to bring to our attention. In addition to completing the questionnaire, you are strongly urged to provide additional comments and copies of any relevant documentation from your files. If a public hearing is scheduled, you are urged to attend or send another representative of your local government to provide testimony regarding the case. A copy of the written disposition of this case will be sent to you when our action is completed. If you have any questions concerning the above, contact Raymond Andrews at (518) 474-4073. Your anticipated cooperation is greatly appreciated. Attachment 0 printed on recycled paper DATE:4 ISL 19" Known as Conducted as Located CERTIFICATE NO. TOWN OF SOUTHOLD Fire Safety Standards For Areas of Public Assembly This Is To Certify That The Place of Assembly Name of Place of Assembly Place of Assembly - Cabaret - Lounge, Discotheque Address - City, Town, OCCUPANCY (Allowed Capacity) 40 0111M kVF' ��A/* County TOTAL 9 Is in compliance with the requirements of Executive Law, Section 399 - C, New York State Uniform Fire Pre- vention and Building Code, and the ordinances of the Town of Southold applicable thereto and rules adopted thereunder. e Signature of Buildi g nspector This Notice must be posted by main entrance at all times. TOWN OF SOUTHOLD OFFII=E OF BUILDING INSPECTOR 1='.0. BOX 117' TOWNHALL SOUTHOLD, N.Y. 11971 Mr. Michael I_orlStatltOP L11c.S Stantons Night Club 69465 Main Road Greenport, NY 119'44 Dear Mr. t orlst ant opoLll 0s: Thlanl.. yoLt for the cooperation during St arlt r.rl T s curl JLIl _y ,'-'-,, 1'3,D0. TEL. 7E5-180 the fire inspecti6n of This year night inspections will corgi liar'lce be increased r .= P with e �itil�lg rr, , _h-ch::inq �a safety, P -visiot1s, over crowding, Y, and i�thler Sertl�=ins i-� fire _f the fire rade and life safety -_de= This is due to arl increased and iawareness Of1 increases in fire and safety Violaticins relatedli.c safety fatalities. The Occupancy Certificate indicating the ruaxiniurli number Of Per'P1e allowed inside i -�tec� irl ub1i�_ hle 1^c� Orli' space, !ter building shall be „r public --- locati.c'rl so as to be visible. tr, the , th e. police ------_ agent_ s the fire inspector, or any inspecting y. Thi will 1l be rnade available atter YOU have rece.1ved Your certificate of occupancy. Irl spaces Of public assembly it is prohibited to install, maintain, � �r Use cornbust i b l e rliat plastic_ lilatel^ial5, �1i' other ,__ trials such a5 VegetcitiOrl, decc�ra'Lin-trllbustible niaterials for rl Utl 1 eSS SUc hl rliclt er 1 al S have been rnade flame resistar'lt ,r thle premises is protected with a Properly inspt:ts_.d, tagged, and operating aLltOflia'Li'- A certificate attesting to sprirlk:ler system. the non -fl arnrnabi 1 i ty of the products is required to be ot, file for irl<spectic.rl. s also inThis includes wall, floor, and ceilirlq finishes as hs also decr�ratiotis. ( as well liday During the irlspectio n the f�-llr�wing were noted and shOuld be corrected ininiedicz'tely. NO niateri.al shall be stared withlirl three (*-) feet of � electrical panels or electrical su 1 electrical devices rAL(st be acresslL�iTh e service, cyattall�ti.rnservice, lnSpertl!�n, iir erli-rgerlry peg^Srq'lrlel. ` 64 /T, re shall be a rninirliurn of three (3) sets •.f emergency exit -1- 045-01-01.2 TEL. 765-1802 gh` !,'4 n 1g positioned so as to illuminate the exit paths i Vi s& -cif power interruption. One shall be in the restaurant area, one in the bar area, and another in the larger west room. There shall be no hardware on any exit door that will impede egress at any time. Hookas, bolts bars et. permitted. Screen and storm doers must etc.swing it, thare e direction of egress. The area directly Outside the,exit door i shall be illuminated at night and kept clear of any materials ` including parked cars that would impede egress all the way to a public way. All -exiting doors shall swing in the direction of egress. ©All exit signs must 'be illuminated any time that the G establishment is open to the public. S'r ' All decorating and finishing materials ( stains'e._,) as well tpaints, varnishes, - as all decorations explants, etc, be made fire-resistant. ) must it is not possible to render real plants fire -resistive then it is prohibited to use there as interior decorations® (1164.d) 2 '-6 Fire extinguishers shall be prcivided in -the proper number and 61-itype according to the indicated hazard. The extinguishers shall be mounted in an accessible locatic-n and clearly marked. The extinguishers shall be inspe�ctzd monthly by a designated employee and inspected and tagged yearly by an approved servicing company.. rThe inspection of the extinguishing system in -the exhaust SI �I0 hood, over the stove, is Out of date. This system sha1J`be r aril _T inspected and tagged by a proper inspeCtion company seriii- -1 �ccy annually (every 6 months). The system shall be properly -V't ric. reinstalled irimiediately. •roes wS1 Extension cords shall not be used to replace fixed wiring. a�2,3Ms1 here extension cords are used they shall be of proper type, and length for the electrical load. Extension cards _ �hr'ir spiall n,t pass through walls, floors, or ceilings. N d 1 rgnY - Storage Of materials must be maintained in proper aniOunts and 01 stored in a neat and orderly fashion. Combustible liquids elp f� C�Jshall be stared at another oc 1 __ther - - atic�ri ��r ���.ctside. If outside 1t a,e r7 1 they shall be properly protected and not ._lose to exit paths. V rsp�= Exit paths to exits shall be a Mininiurri of three (3) feet wide 1 br at all times. d pit lights should be on separate electrical cirr_Lkits and shall be illuminated at all times when open, : The gas service needs to be protected from vehicular traffic. J -2- 445-01-012 t i JUSTICE COURT OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK STATE OF NEW YORK - - - - - - - - - - - - - - - - - - - - x THE PEOPLE OF THE STATE OF NEW YORK -against- //9 DECISION ON MOTION MICHAEL CONSTANTOPOULAS, Defendant. - - - - - - - - - - - - - - - - - - - - x People of the State of New York by James Catterson, Jr., District Attorney, Matthew Kiernan, Assistant District Attorney of counsel Defendant by Thomas T. McVann, Jr. i Defendant's attorney by Notice of Motion returnable September 28, 1990 moved for an order dismissing a criminal summons and information. The People were granted time until October 12, 1990 to submit opposing papers. Same were received by this Court on October 12, 1990. Defendant was granted time until October 26, 1990 to reply. As of the date hereof no reply has been received. The raison d'etre of a complaint or an accusatory instrument is of course to inform the defendant of what charges the People are bringing him into Court to be tried. This is basic. The complaint and accusatory instrument must provide facts and not conclusions which are not supported by facts. The Court has carefully read the four (4) counts in the accusatory instrument. As to counts 1, 2 & 3 the factual basis of each appears to be the statements contained in each that the defendant "used and occupied". True, the dates and other data are not supplied but there are remedies available in the Criminal Procedure Law for the defendant to obtain same. Accordingly, the Court denies the motion as to the counts labeled 1, 2 & 3, in that they contain factual information sufficient to inform the defendant of the charges therein contained. With reference to the count in the accusatory instrument labeled count #4, the Court finds a lack of facts of an evidentiary character sufficient to inform the defendant of the charge. No facts are alleged to evidence a hazardous situation that there was an imminent danger to life and safety. 2 Clearly, Count no. 1 must fall since no proof was adduced at the trial that the cost of the alterations, additions or repairs made within any six month period exceeded 50 percent of the cost of replacement of the building. In addition, no adequate proof was offered to show a change as to affect a vital and substantial portion of the premises as would change the characteristic appearance, the fundamental purpose of its erection or the uses contemplated or a change as would affect the very real estate itself. Accordingly, Count no. 1 of the Amended Accusatory Information is hereby dismissed. As to Count no. 2 which charged the Defendant inter alia with wrongfully, knowingly, intentionally and recklessly occupying a building which was altered and which allegedly required the issuance of a building permit before a Certificate of Occupancy was issued for that alteration. While it is true that the Defendant applied for, and received a building permit it should be noted that he was already in possession of a Certificate of Occupancy dated August 28, 1968 issued for a "business building - restaurant". Here again the proof offered and adduced at the trial certainly was insufficient to meet the statute's own standards as to the word alteration. Accordingly, Count no. 2 of the Amended Information is hereby dismissed. As to Count no. 3 which in effect charged the Defendant with wrongfully, knowingly, intentionally and recklessly occupying and using the subject building which was reconstructed, restored and/or structurally altered prior to the issuance of a Certificate of Occupancy. Here again the prosecution has not submitted ample proof to find the Defendant guilty beyond a reasonable doubt. Here again refering to the definitions set forth supra the proof was inadequate. In addition, Defendant's no. 1, the Certificate of Occupancy dated August 28, 1968, was still in force and effect. There was not a scintilla of evidence presented to show otherwise. Accordingly, this Count must upon the facts adduced at the Trial dismiss Count no. 3 of the aforesaid Amended Information. As to Count no. 4 charging the Defendant with using the subject premises knowingly, wrongfully, intentionally and recklessly after being advised by the Building Inspector that there was an imminent danger to life and safety as the result of a hazardous situation to wit: (a) the presence of exposed paperfaced (flamable) insulation located in the dance floor area (b) the presence of untreated flamable wood trim above both bar areas (c) kitchen being used without the fire suppression ' ppression system tS JUSTICE COURT OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK, NEW YORK ------------------------------------- THE PEOPLE OF THE STATE OF NEW YORK -against - MICHAEL CONSTANTOPOULAS, + DEFENDANT ------------------------------------- DECISION AFTER TRIAL -41991 People of the State of New York by James M. Catterson, Jr., District Attorney of Suffolk County, Matthew Kiernan, Assistant District Attorney of Counsel. Defendant by Thomas T. McVann, Jr. In this case the Defendant is charged by Amended Information sworn to November 28, 1990 by Curtis W. Horton and Vincent Wieczorek with violating Chapter 45 and Chapter 100 of the Code of the Town of Southold. At the conclusion of the Trial on March 1, 1991, the People were given time until March 8, 1991 to submit a memorandum. The Defendant was given time until March 15, 1991 to submit a memorandum. To date none has been received by the Court from the Defendant. There are four (4) counts in the aforesaid Amended Information. Count no. 1 Charges the Defendant with occupying the building before a Certificate of Occupancy had been issued for the structural alteration of the premises under Building Permit #18916 Z. People's A, Application for Building permit, lists as the nature of the work as renovation at an estimated cost of $6,000.00. People's B, Building Permit, lists as its purpose "to renovate an existing Restaurant as applied for". The word "alterations" as set forth in the New York State Building Code Section 1231. suggest that it shall apply to an existing building (as here) when the cost of any alterations, additions or repairs made within any six month period exceed 50 percent of the cost of the replacement of the building at the beginning of that six month period. The term "structural change" as set forth in 34 NY JUR Landlord & Tenant Section 482 means such change as to effect a vital and substantial portion of the premises as would change the characteristic appearance, the fundamental purpose of its erection or the uses contemplated or a change of such nature as would affect the very realty itself. This is meant to be extraordinary in scope and effect or unusual in expenditure. am q 3 being g operational (d) kitchen doors leading to fire rated public assembly areas were not (e) storage of combustible materials After due consideration and deliberation of all credible testimony and evidence this Court concludes that f People have of the proven its case beyond a reasonable doubt astohthe / violations included under Count no. 4. The Defendant and his attorne !;� sentencing on May 24, 1991 at y are directed to may be reached1'00 appear for p ° m • the case m . , or as soon thereafter as The above constitutes the decision of the Court. SO ORDERED Dated: March 29, 1991 FREDERICK J EDESCHI, SOUTHOLD T�WN JUSTICE Copies to: Matthew Kiernan, Town Attorney Thomas McVann, Defendant's Attorney Michael Constantopoulas, Defendant MOT-rf- ALL mrri,,iofz elexi-rziore— A, P, NaTK, hL-L (�OiL±r—'Jpj rz b WITH Ft,) o-THicrew IsF_. 11, Z, G e17 of 112 Al X EXIT &LPG�P t)OOIZ "I t)o LA) j 0, by I �11< 14 rriii 1`1 9 R C) Roo rr\ ADb 0 KIT RS o o o 0 x Iw) 0 0 0 0 - ; j.7 C77i I e' j /--I D IFA IIRT boons�A I— b- OLM6 C) 0 0 0 0 FOO "o (I OYZ7 IhR 1,41,10n,TI, ty 3 "r LA Oft$ LALIT; K o -Fri 4ubA e -'S DO 0 k Mo Room Ra�z! 7 0 0 Q L (RDon-j 0 F, WALK f DMZ19�- 0 1 CA Pf-C ", r r�e -114W c) SKIT dC? p,q!2z iiii L.AWO FLOoR: r) o o es o 0 5Nowc Ct , v DAN 9Q V 0 00 AIC Eg TA Lii 4S °.,vi0c) - 6 0 L �"14 1 -±f- 53 TL oPE rl A) [z (qq, 4yq S -70-rt) L L -i >Lj• 0D OrPill Al ur/' TOTAL 9 At 1:: LD Ii:S:'EC; 1, ON s 1. i - FOUNDATION (1st) FOUNDATION (2nd) 2. ROUGH FRAME & PLUMBING 3. INSULATION PER N. Y. STATE ENERGY CODE 4. ji)ATE COMMENT::- — .b x H H ail En M zf 0 H x � m -3 FINAL o INtI Cot! 0 tLl.1#S ADDITIONAL COMMENTS: x� TOO A TO C-Lov as ac i s i rnot o ocG� �i- �U - ��C ou.�C.z.t ��•- c3�t�� -- lu.�� dl..�., ���; 7.r.� �'� ��Gc... l�%��. X H � 4 H ` O - z 1 x H r • - x • r� -n H aoovc mimrn Court VILLAGE OF— DOCKET NO -(S) of Special Sessions �C. C. NUNO ER TOWN OF SOUTHOLD ARREST NUMBER(S) STATE OF NEW YORK VIOLATION COMPLAINT DEFENDANTS IN CUSTODY _ Y OF ss Michael Constantopoulas ;ROM DATE. & HOUR TO IIATE n IIOUR VILLAGE OF TOWN OF SOUTHOLD Name (Complainants) Curtis Horton and Vincent Wieczorekl" Senior Building Inspector and. Code Enforcement Officer of X. the Town of Southold being duly sworn, says that on July 6, 1990 at about 4:10 PM Hamlet at 69465 Main Road XX)CW(Xof Greenport Town of Southold County of Suffolk, State of New York, the defendant(x) Michael Constantopoulas 837 Main Street, Greenport, New York 11944 wrongfully, intentionally, knowingly, recklessly,*xodxxDaxkm:kmxgdigmxoccommitted theoffense(s) of: Count 1: Violatinq Chapter 45 of the Code of the Town of Southold (Uniform Fire Prevention and Building Code Administration and Enforcement Law), Section 45-15 (A). Count # 1 in *that: The defendant wrongfully, intentionally, knowingly, and recklessly used and occupied a building (commonly knoE:n as both "Stantons" and "Vineyards Cafe") located at 69465 Main Roar; in Greenport in the Town of Southold, County of Suffolk, State of New York before a certificate of occupancy had been issued by the Building Inspector for the structural alteration of the premises performed under Building Permit #18916Z. Count #2 Violating Chapter 45 of the Code of the Town of Southold (Uniform Fire Prevention and Building Code Administration and Enforcement Law), Section 45-15 (B) in that: The defendant wrongfully, knowingly, intentionally and recklessly occupied and used a building (commonly known as both "Stantons" and "Vineyards Cafe") located at 69465 Main Road in Greenport in the Town of Southold, State of New York which was altered and upon which work has been performed which required the issuance of a building permit before a certificate of occupancy was issued for that alteration and work by the Building Inspector. Count # 3 Violating Chapter 100 of the Code of the Town of Southold (Zoning), Section 100-284 (A)(1). in that: The defendant wrongfully, knowingly, intentionally and recklessly occupied and used a building located at 69465 Main Road in Greenport in the Town (continued on page 2) This complaint is based on (personal knowledge) & (information and belief), the source being the at- tached Csworn deposition(s) of Personal observation dated !I C the attached laboratory report of the dated * HELEN K DE VOE NOTARY PUBLIC, Slate of New Yak ,- No.4?O1A?A,SuffolkCourtj.� L Term Expires Parch 30,1y9 --,� ,� / SWORN TO BEFORE ME THIS 18th DAY OF July 19 90 711 9/ g6 SIGNATURE OF OFFICIAL ADMINISTERING OATH Senior Building Inspector TITLE Code Enforcement Officer 4 VILLAGE OF '•TIr MIE..Oi SSCS-3000 P- I COMPLAINANT / Y " f ;�; 'County of Suffolk, State of New York (commonly known as both "Stantons" Vneyards Cafe") which was reconstructed, restored and/or structurally �sO'Oialtered prior to the issuance of a certificate of occupancy therefor. Count #4 Violating Chapter 45 of the Code of the Town of Southold (Uniform Fire Prevention and Building Code Administration and Enforcement Law), Section 45-2. in that: The defendant wrongfully, knowingly, intentionally and recklessly violated New York State Uniform Fire Preve:ntion and Building Code, Subchapter C, Article 1, Part 1153, Section 1153.1 (a), (b) and (c) in that the defendant; after being advised by the deponent that the building located at 69465 Main Road, Greenport in the Town of Southold, County of Suffolk, State of New York, (commonly known as both "Stantons" and "Vineyards Cafe") was in imminent danger to life and safety as a result of a hazardous situation, permitted occupancy of the building contrary to inspection form ordering the premises closed. 77 IDAA4, IO vvc- STT YA6t M , f) 6 E 11 6c to 0 JOC: w E'Y t� in cr-i ti k U 7-1 31 7 pc to 's vv- I I vv- BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD June 119 1998 Gus Costas Drosco, Inc. P.O. Box 70 Greenport, NY 11944 PIANNING BOARD OFFICE TOWN OF SOUTHOLD RE: Request for Waiver Drossos Motel Main Road, Greenport SCTM# 1000-45-1-12 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 Dear Mr. Costas, The Planning Board has received your letter of May 11, 1998, regarding a waiver request for re-establishing a bar. Please be informed that a bar is not a permitted use in this Limited Business Zone. If you have any questions, or require additional information, please contact this office. Pt OC Kas ner Site Plan Reviewer cc: Edward Forrester, Director of Code Enforcement DROSCO, INC. P.O. BOX 70 GREENPORT, NEW YORK 11944 Bennett Orlowski, Jr., Chairman Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 Re: Tax Map # 1000-45.-1-12 Dear Chairman Orlowski: I have enclosed a waiver for site plan concerning the above-mentioned property. Also, enclosed is a survey of the property. I would like to give you a short history of this property. It was originally owned by Nick and John Drossos; the brother and father of Min Costas, present owners of the Drossos Motel. In 1994 we the Drossos family, purchased the property from the Greenpoint Savings Bank. We are very excited that the property is back in the family. We have put_ a gift shop (Osprey Gifts) in the front part of the building, and a game room in the center. We_would like to put a bar in the back section of the building; which is what was there originally. The previous owner (Standford's owned by Mike Constantopoulos) removed everything from the bar area, and now we are facing a renovation. We would like to use the original site plan from Nick and John Drossos. I have put a telephone call into Lilco, who owns the property next to our building. I am sure parking will be an issue; however, we are willing to obtain an easement from Lilco. An easement was issued to Nick Drossos and also to Mr. Constantopoulos. The square footage of the building is 7200 sq. ft. The gift shop occupy's 1200 sq. ft., the game room uses 1000 sq. ft., and the bar will use 4000 sq. ft. Date L l t ( I `i- J -- Bennett Orlowski, Jr., Chairman Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 Dear Mr. Orlowski: Suu:�' pe> ' ids JUN 1 1998 Southold Town Planning Board I would like to request a waiver of site plan requirements. The following data is provided for your review: Tax Map # 1000- -e;S - — / -- / Z Location of Project (street address and distance, E,S,N,W, relative to nearest intersection, hamlet) 9y6,- HA -1 rQ RZ>4 G jg�5,Ori � % (( 1Z i I- E W rc S T oV (9r fe-40*RT 011 (Ivi c Brief Description of project and reason for waiver request (square footage of existing building area and how it will be used; e.g. 4,000 sq. ft. total, 2500 retail, 500 storage, 1000 office space). , C—� , I C -) C Existing and proposed Lot area Zoning District 4�a Parking required i►FTiita 6� I- > Renter/Owner? a tO r►e Y If renter, attach owner's permission to pursue.this inquiry). �O d h ee►' o. ' Address Phone 0C 4 7 1 33 Please attach a survey or sketch of the property, at a 1 'to 20' scale, showing the location of all existing and proposed buildings and required parking spaces, for all uses proposed and existing on site. Show which buildings will have which use. If you need any additional information, or have any questions, Please contact Robert G. Kassner, Site Plan Reviewer, at (516) 765-1938 DROSCO, INC. P.O. BOX 70 GREENPORT, NY 11944 (516) 477-1339 May 29, 1998 Mr. Robert Tobyak Lilco 445 Broad Hollow Road Melville, NY 11747 Re: Tax Map #1000-45-12-1 Dear Mr. Tobyak: With reference to the property mentioned above, I am requesting permission to use part of the property next my building for parking. Lilco has a substation on the property next to mine; 69465 Main Road, Greenport. I plan on putting a bar in the rear section. of my building, and I am sure parking will be an issue with the Town. There was a bar in this building back in 1968. Nick Drossos owned the building then, and he was the brother of my wife, Min Costas, owner of the Drossos Motel. Thanking you in advance, Sincerely, f �, DROSCO, INC. C.G. Costas /ic Thank you for your time and consideration to this matter. If I can be of any further assistance, please don't hesitate to contact me. If it would be easier to discuss this matter face to face, I would be more than happy to set up an appointment and meet with you at your convenience. Sincerely, DROSC®, INC. ii s Costas submis ® u Without as Cover Fetter Sender: V e v. eoos J -� / Subject: K A-71-1 �10 S sc� E Comments: JUL 6 1998 Southold Town Planning Board BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD June 23, 1998 PIANNING BOARD OFFICE TOWN OF SOUTHOL.D Gus Costas Drosco, Inc. P.O. Box 70 Greenport, IVY 11944 RE, Request for Waiver Drossos Motel Main Road, Greenport SCTM# 1000-45-1-12 Dear Mr. Costas, Town Hall, 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 second waiver request letter of May 11, 1998, regarding a 1,850 foot business expansion. The Planning Board requests that you file a Site Plan application for this business expansion, showing all uses on the property. If you have any questions, or require additional information, please contact this office. rincgrt. o Kassner Site Plan Reviewer cc: Edward Forrester, Director of Code Enforcement Date l �� Bennett Orlowski, Jr., Chairman Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 ; Dear Mr. Orlowski: 1 I would like to request a waiver of site plan requirements. The following data is provided for your review: Tax Map # 1000- 'S�S� / ® z� Location of Project (street address and distance, E,S,N,w, relative to nearest intersection, hamlet) Brief Description of project and reason for waiver request (square footage of existing building area and how it will be used; e.g. 4,000 sq. ft. total, 2500 retail, 500 storage, 1000 office space). Existing and proposed Lot ®S Zoning Distric Parking required Renter/Owner?®u-) 0 E If renter, attach owners permission to pursue this inquiry). Address �>d -i�a'I 2�r r �,�,�o� I X) -f l T Phone �/� – /3 Please attach a survey or sketch of the property, at a 1' to 20' scale, showing the location of all existing and proposed buildings and required parking spaces, for all uses proposed and existing on site. Show which buildings will have which use. If you need any additional information, or have any questions, please contact Robert G. Kassner, Site Plan Reviewer, at (516) 765-1938 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOA" OF APPEALS MEMORANDUM TOOF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 1 a) your signature and the information on the attached form to complete the above. Please be sure to insert the "question" which is being raised by your Department. b) also, please confirm whether or not you are appealing a decision of the Building Department on the attached form (or updated request), and attach a copy of the decision that you are appealing (if A reply on or before December 28,, 1998 would be appreciated. The Legal Noticewillbe forwarded t1+the local newspaperonce application _ r complete oyou. cc® Town Attorney r1" ✓lttomeze& ab -rac -O d: cOwawlel ,fm&anr ✓9 Oa W44 z� Zoning Board of Appeals, Southold Town Hall 53095 Main Road Southold NY 11971 � SOW a 2�11 C -a0 December 22, 1998 Re: Costas application for Drosco Inc. 69465 Main Road, Greenport Tax Map #1000 - 45 - 1 - 12 Dear Sirs: l lV/ 146-1 Am, Oval Y6: Oox 2021 ,*"esf , ✓dear &oy-k 9 47-2027 (6169' 7-9-9-4744 Saar (61 J 722- 4N77 Please let this confirm that the undersigned represents the interests of Drosco Inc. and Mr. and Mrs. Costas re the above. Please therefore note your records accordingly. Please also advise as the the status of the application and in particular as to whether a Zoning Board of Appeals hearing will be necessary. Thank you. Sincerely, Philip J. Cardinale u - PLANNING ]BO"!� M1EM1B1&a _ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD PLANNENG B(GARI3 OFFECE 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 Planning Board RE: Zoning Board Inter -Office -Memo - ZBA File # 4649 Dated December 24, 1998, requesting Planning Board comments on legal notice for specific interpretation, and/or appeal of Building Inspector Detatarl NnvPmber 4, 1998, and for a generic interp 1IR ffg cR &-eptablishment. DATE: December 29, 1998 Il F�� 1 DEC 3 0 1998 The following is a recommended legal—Dotice for the above request for interpretations An application for a specific interpretation is requested by the Planning Board, to consider whether or not the proposed tavern as shown on the applicant's site plan dated July 16, 1998, is a use that is accessory to a restaurant. The Building Department, in its November 4, 1998, determination stated, in part, "that the planned renovation calls for additional tables and a service area for alcoholic beverages accessory to the food service. The area involved and the number of tables are matters you may have to consider when reviewing this project," (Reference Site Plan Application of TFG Acquisition Corp. (Drossos) at Main Road, Greenport, NY; Parcel 1000-45-1-12) . The planned renovation calls for the construction of a 12' by 12' bar, with twelve bar stools within an existing building area of 1,400 square feet, this area also includes twelve (12) 2' by 2' cocktail tables with two (2) chairs at each tablet and a 400 square foot dance floor. A drinking establishment is not a permitted use in the Limited Business District. This is also a request for generic Town -Wide Interpretation under Zoning Code Section 100-81A regarding Restaurants and/or Drinking Establishments in the Limited Business District. The Zoning Code defines restaurants but not drinking establishments. Many restaurants contain a bar area which is clearly subordinate to the restaurant use. At what point does an accessory bar use cross the line into a drinking establishment? cc: ZBA Members Greg Yakaboski, Town Attorney Edward Forester, Director Code Enforcement INTER -OFFICE UPDATE — ZBA File #4649 DATE: December 24, 1998 SUBJ: Planning Board Memos (Original and Amended) Pursuant to the Board's Resolution adopted December 10, 1998 to advertise the Planning Board's request for an Interpretation (and/or Appeal of Building Inspector Determination), we have drafted the attached Legal Notice for publication: An Application for an Interpretation is requested by the Planning Board, to consider whether or not additional tables and a service area for alcoholic beverages are accessory to a food service, as determined by the Building Department in its November 4, 1998 Determination (reference Site Plan Application of TFG Acquisition Corp. (Drossos) at Main Road, Greenport, NY; Parcel 1000-45-1-12). The determination of the Building Department states that "the planned renovation calls for additional tables and a service area for alcoholic beverages accessory to the food service. The area involved and number of tables are matters you may have to consider when reviewing this project, the use is permitted in the zone and the accessory service of alcoholic beverages is common to restaurants in the Town." This is also a Town -Wide Interpretation under Zoning Code Sections 100-91A regarding Restaurants and/or Drinking Establishments in the Limited Business (LB) Zone District. Copies are being furnished to the Town Attorney (Greg Yakaboski), the Planning Board (Bennett Orlowski, Jr.), the Building Department (Edward Forrester) for possible written comments or - recommendations before our advertising deadline of December 31, 1998. Thank you. Copies to: ZBA Members Greg Yakaboski, Town Attorney Bennett Orlowski, Jr., PB Chairman (discussed w/ Val 12/24) Edward Forrester, Building Department INTER -OFFICE UPDATE — ZBA File #4649 DATE: December 24, 1998 SUBJ: Planning Board Memos (Original and Amended) Pursuant to the Board's Resolution adopted December 10, 1998 to advertise the Planning Board's request for an Interpretation (and/or Appeal of Building Inspector Determination), we have drafted the attached Legal Notice for publication: An Application for an Interpretation is requested by the Planning Board, to consider whether or not additional tables and a service area for alcoholic beverages are accessory to a food service, as determined by the Building Department in its November 4, 1998 Determination (reference Site Plan Application of TFG Acquisition Corp. (Drossos) at Main Road, Greenport, NY; Parcel 1000-45-1-12). The determination of the Building Department states that.::�_: `the planned renovation calls for additional tables and a service area for alcoholic beverages accessory to the food service. The area involved and number of tables are matters you may have to consider when reviewing this project, the - use is permitted in the zone and the accessory service of alcoholic beverages is common to restaurants in the Town." This is also a Town -Wide Interpretation under Zoning Code Sections 100-91A regarding Restaurants and/or Drinking Establishments in the Limited Business (LB) Zone District. Copies are being furnished to the Town Attorney (Greg Yakaboski), the Planning Board (Bennett Orlowski, Jr.), the Building Department (Edward Forrester) for possible written comments or recommendations before our advertising deadline of December 31, 1998. Thank you. Copies to: ZBA Members Greg Yakaboski, Town Attorney Sam. Bennett Orlowski, Jr., PB Chairman (discussed w/ Val 12/24) Edward Forrester, Building Department '102N 'li WHO MGM INTER -DEPARTMENTAL MEMORANDUM TO: Bennett Orlowski, Jr., Chairman Planning Board FROM: Board of Appeals DATE: December 17, 1 8 SUBJ: Your Amended Request dated December 16, 1998 Appeal of Decision of Building Inspector This will confirm that we are in receipt of your Memo dated December 16, 1998. Please sign a copy of this letter which will confirm conversations with Robert Kassner, Site Olan Peviewer, that your specific request is: An Appeal of Decision of the Building Department dated November 4, 1998, addressed to the Planning Board with respect to "Restaurant" and addtional tables and a service area accessory to the food service at Property identified at SCTM #1000-45-1-12 (Drossos/TFG Acquisition Corp.). The Sections of the Zoning Code, under which your inquiry is being made are: Section 100-13 Definitions for "Restaurant" and also for the meaning of a "Drinking Establishment". Code Sections 100-91-A(7) provides for Restaurant Use as a Principal Use, under which the Planning Board is requesting review to determine whether or not tables and services for drinking is allowable, either as a principal use or accessory use. If this understanding is not correct, please let us know below. If the above paragraph fully describes the basis of your formal request, please sign and return a copy of this letter in order that the next step may be taken. Thank you. Approved as described above for formal nrocessina bv: WS +' J DEC 16 gum uthold Town Manning BOard INTER -DEPARTMENTAL MEMORANDUM TO: Bennett Orlowski, Jr., Chairman Planning Board FROM: Board of Appeals DATE: December 17, 1958 SUBJ: Your Amended Request dated December 16, 1998 Appeal of Decision of Building Inspector d This will confirm that we are in receipt of your Memo dated December 16, 1998. P Please sign a .copy of this letter which will confirm conversations with Robert Kassner, 6ite plan ( viewer, that your specific request is: An Appeal of Decision of the Building Department dated November 4, 1998, addressed to the Planning Board with respect to "Restaurant" and addtional tables and a service area accessory to the food service at Property identified at SCTM #1000-45-1-12 (Drossos/TFG Acquisition Corp.). The Sections of the Zoning Code, under which your inquiry is being made are: Section 100-13 Definitions for "Restaurant" and also for the meaning of a "Drinking Establishment". Code Sections 100-91-A(7) provides for Restaurant Use as a Principal Use, under which the Planning Board is requesting review to determine whether or not tables and services for drinking is allowable, either as a principal use or accessory use. If this understanding is not correct, please let us know below. If the above paragraph fully describes the basis of your formal request, please sign and return a copy of this letter in order that the next step may be taken. Thank you. Approved as described above for formal processing by: Not Approved by: f ` "- �PNG BOARD MEMBEba4 BENNETT ORLOWSKI, JR. Chairman y„ WILLIAM J. CREMERS KENNETH L. EIDWARIDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD 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., Chairma" RE: Request for Interpretation of decision by the Director of Code Enforcement on drinking establishment vs alcoholic beverages as accessory to food service Drosso's Motel Main Road, Greenport SCTM# 1000-45-1-12 Zoning District - Limited Business (LB) DATE: December 16, 1998 The Planning Board has received your memo dated December 14, 1998, and Request for Generic Interpretation Form. This Board is not requesting a generic interpretation, but rather a specific interpretation of a decision by the Director of Code Enforcement, (copy attached) . The Planning Board sees this proposed new use as a drinking establishment, for the following reasons: 1. Initial request for a waiver stated that it was to open a bar in the rear section of the building. 2. Site plan submitted by applicant shows, "proposed tavern" on the plan. 3. Proposed tavern area and dance floor on the site plan shows a bar with twelve stools and twelve tables smaller than the snack bar tables adjacent to the kitchen. Since the Code does not define "drinking establishment" this request is being made pursuant to Town Code 100-271 (D) (1), "interpretations on appeal from an order, decision, or determination of an administrative officer or on request of any town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or any condition or requirement specified or made under the provisions of this chapter." i J APPEALS BOARD MEMBERS Gerard P Goehringer, Chairman James Dinizio, Jr. Lydia A. 'Tortora Lora S. Collins George Homing MEMORANDUM Southold 'Town ball 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 i. ourDecember " 0 998 Meeting,, Board -d MC `'s , 1 discussed your original memorandum ee? Town -Wide Interpretation:1'i; "'Restaurant" under 100-13 D ni ;1,a,'h> fir Resolution ." =1,, Ar _ adopted '111,ti'.d for . public heart 1 be held J S ", 99 pending : r Iz of file. ,It�,,l'd, C1�'• G��ftld��' - -Ia; r- �a1 ISr�}a,1 'r_C the d" • 1 ..�' tlr ,f s'1@ 6 1� a.$ 1 �19 1 aha �- � : C_! >• your signature g`+.1„ the information Ii"' a attached SSI! m o complete . ;9 ' above. ti p F _:e be sure to insert the "question" is being 61 1'" i.. % g r aa .li. by yourDepartment. SIV also, please confirm whether or not you r ' appealing a9 alp e . a = .Isr ? t ,1 the + d , n icy Department on the attached 1, (or updated request), and c E ,.S /t'1;%Lf of the decision that r'7/3 V .are appealing 3_. any). �9 p r._. a reply 0'1 �' dlu li before December n li i �1 '� t �� a+ � �a4 a" would beappreciated. The Legal Notice u is be forwarded to the e FI f newspaper 41Y;: the _ application i ° vatcompleteform. you. cc® Town Attorney Enclosure _j A D. please give similar example(s) from prior town records (same Code). Please provide Permit -7 9!>r photocopy. E. If Code Provision does not apply to all zones, please gAe Zone District applicable to this Interpretation request. F. Xf property size applies to your request® please furnish: sf. G. Other. - Unless otherwise noted in the Interpretation request, the proposal would be treated as "'new construction or new use" rather than an 'existing nonconforming set back or use.' Dated,. (Signature) 9-15-98 ,r ELIZABETH A. N EV.LE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOVi N OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: ELIZABETH A. NEVILLE, SOUTHOLD TOWN CLERK RE: ZONING APPEAL APPLICATION #4649 DATED: December 9, 1998 Transmitted herewith is Zoning Appeal No. 4649 - submitted by the Planning Board for a Request of Zoning Code interpretation as to the definition of a "Drinking Establishment" pursuant to Town Code 100-91(B)(1). There is no fee for . -�? f Elizabeth A. Neville Southold Town Clerk PLANENG IBOAP.D MIEMIAP ®'SOFF®Q j BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS g KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD DEC ���� P NHNG BOARD OFFHCE TOVvW OF SOUTHOLD 4 ®wtu Clem s®ut nWa To: Zoning Board of Appeals From: Planning Board CD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 rm Re: Request for an Interpertation as to the definition of a "Drinking Establishment" pursuant to Town Code 100-271 (D)(1) Date: 12/1/98 A use known as a "Drinking Establishment" is permitted by Special Exception under Town Code section 100-91(B)(7). However, the Town Code contains no definition of a "Drinking Establishment". One issue is that many, if not all, restaurants in Town offer drinks and a bar area. A "Restaurant' is a defined use in Town Code section 100-13. PLANNING BOARD MEM---tS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Zoning Board of Appeals From: Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 @MOVE Re: Request for an Interpertation as to the definition of a "Drinking Establishment" pursuant to Town Code 100-271 (D)(1)' Date: 12/1/98 A use known as a "Drinking Establishment" is permitted by Special Exception under Town Code section 100-91(B)(7). However, the Town Code contains no definition of a "Drinking Establishment". One issue is that many, if not all, restaurants in Town offer drinks and a bar area. A "Restaurant" is a defined use in Town Code section 100-13. PLANNIENG BOARD MEMBER, ,®,Sof Fakir BENNETT ORLOWSKI, JR. �® �� Chairman ® WILLIAM J. CREMER.S KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 TOWN OF�SO' n v `IDEC 8 C TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Bennett Orlowski, Jr., Chairman (J Q RE: Appeal from Building Department decision on Drinking Establishment vs alcoholic beverages accessory to food service DATE: December 8, 1998 Attached are back up data in connection with the Board's appeal from a decision by the Building Department as contained in this Board's memo to the Board of Appeals dated December 1, 1998. These documents will show the chronology and history of the application. I DROSCO, INC./DROSSOS MOTEL/TFG AQUISITION P.O. BOX 70 GREENPORT, NY 11944 Mr. Robert Kassner Town of Southold Planning Board Office 53095 Main Road Southold, NY 11971 Re: Restaurant/Tavern Dear Mr. Kassnero This letter is to serve as an amendment in terminology for the above-mentioned project, which the Planning Board seems to be having some difficulty with. We, the Drossos Family, are looking to renovate an existing space. This renovation is to convert the snack bar into a full service restaurant in conjunction with serving alcoholic beverages. If I can be of further assistance, please don't hesitate to contact me. Sincerely, G Irene Costas /ic delivered by hand >, FI. VA " DEC 0 2 1998 Southold Town Planning Board PLANNING BOARD MEMBER, BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD November 9, 1998 Gus Costas Drosco, Inc. P.O. Box 70 Greenport, NY 11944 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RE: Drossos Motel Main Road, Greenport SCTM# 1000-45-1-12 Dear Mr. Costas, Town Hall, 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 and site plan application. Before the Board can proceed with its review, a signed agreement with the Long Island Power Authority (LIPA) for parking on their property is required for the proposed expanded use. If you have any questions, or require additional information, please contact this office. cr , / "U"", ,A' t G Kassner Site Plan Reviewer cc: Edward Forrester, Director of Code Enforcement P.121, PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Zoning Board of Appeals From: Planning Board r— Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 Re: Request for an Interpertation as to the definition of a "Drinking Establishment° pursuant to Town Code 100-271 (D)(1) Date: 12/1/98 A use known as a "Drinking Establishment" is permitted by Special Exception under Town Code section 100-91(B)(7). However, the Town Code contains no definition of a "Drinking Establishment". One issue is that many, if not all, restaurants in Town offer drinks and a bar area. A "Restaurant" is a defined use in Town Code section 100-13. PLANNING BOARD MEMBEIt�- - BENNETT ORLOWSKI, JR. O�®SOFFOCIY`,OG �. y Chairman o WILLIAM J. CREMERS y 2 KENNETH L. EDWARDS RITCHIE LATHAM, JR. GEORGE G. WARD RICHARD PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Zoning Board of Appeals From: Planning Board r— Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 Re: Request for an Interpertation as to the definition of a "Drinking Establishment° pursuant to Town Code 100-271 (D)(1) Date: 12/1/98 A use known as a "Drinking Establishment" is permitted by Special Exception under Town Code section 100-91(B)(7). However, the Town Code contains no definition of a "Drinking Establishment". One issue is that many, if not all, restaurants in Town offer drinks and a bar area. A "Restaurant" is a defined use in Town Code section 100-13. „ ., .f'.. ' �!” H'c .'(�" � ` '.. a"'�•�:gip[ '.: �i.'.`,".' •: - Afa": ,k' `:. •' '� r?a ..-Ni. .. ,psi. ;n. a� �d "..:"�..• -c'. _ � `. I< li•. a +?- r T'.r. •! � ^�.5�' �-.�=..: �_ • • � a :S•'Yf'+�.'- � 'a°�.' �f,":fC •� a a4 -k;_"/ �a,. 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YY;�� - ''18'x{ �.""a �1•,�•r':•.'.�'Y L• ��'� •. _1'h7{:. ,'` ,�L Marx ��' '~ _ a '. ,:y • `�R � �: ^ '.� �, i i � . .1 .�'.- .', uT.:. �i , / ��f;�•,'i-�",bpi,! �.� r.:' } . - •--/!+w'rt.. -fcr •.��<<-!'�.i�.:�i,=a.. +:r.�"_C_'•N, �'�,'S%EAl . :a,_'•��.T; +v. ,p•i. a ,r -LS`� '�• '• - :5 '� _ _ ..l.^-` a ,. ,�,ad,,,: .rir_d:-. `�: n'{, J� a .. 1 .. , I .r 1 �"4 '.. if i.�yySY'l3': �(iti��-..i t., L•h� yjji�t(', ,*.\ � - .. • . 'K''' �.*.Sj ,b+ /, r r;6:� ; a . ,r,,,�,.': ]iii:; .a'Y' '_1�• :if�l .t.. . - - t - ♦ ' t7� "{. it _.� S � S� �`:�• 1 .6. .:�.G�. •.<9: ` w 1 ,y AR APPEALS BOARD MEMBERS SOS �C ��p OGy Southold Town Hall Gerard P. Goehringer, Chairman 1 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 Southold, New York 11971 James Dinizio, Jr. Fax (516) 765-1823 Robert A. Villa �Oj �`� Telephone.(516) 765-1809 Lydia A. Tortora l/ BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS RE -HEARING of Appl. No. 4128 - BREWERS YACHT YARD AT GREENPORT, INC. Based upon the July 12, 1995 Board Resolution, a rehearing is held to re -consider the use applied for by Brewer Yacht Yard at Greenport, Inc. on September 2, 1992, under Article XII, Section 100-121B (1) , Special Exception #4128, for food services to its marina patrons and others. Subject premises is located in the M -II Zone District, identified as Parcel No. 1000-43-3-2. Street address: 2530 Manhanset Avenue, Greenport, NY. WHEREAS, after due notice, a public hearing was held on August 9, 1995 for the purpose of a "re -hearing to consider the use applied for in 1992 and its present operation, " and at said hearing, all persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: SITE INFORMATION 1. The subject premises is an existing boatyard, marina and snack bar located at the southwest corner of Manhasset Avenue and Sandy Beach Road in Greenport. The entire upland portion of the site and some underwater lands are within the Marine II Zoning use district of the Town of Southold. 2. The size of the subject premises is 9.5+- acres and is identified as County Tax Map District 1000 Section 43, Block 3, Lot 2. 3. On October 15, 1992, a Special Exception application for an accessory food service establishment incidental to the principal 'use (marina) for "its marina patrons" as requested under Appl. No. 4128, was conditionally approved. 4. As part of that determination, conditions were placed which required that in the event of an expansion, modification, alteration 1w Page 2 - Appl. No. 8 -SE Matter of BREWERS YACHT YARD AT GREENPORT Decision Rendered August 9, 1995 or change to a use or floor area beyond the scope of the 46 ft. x 60 ft. area approval by the 1992 Special Exception, further approval would be required by the Board of Appeals. 5. Subsequently on December 14, 1992, an environmental review process was completed and a Negative Declaration pursuant to the provisions of the N.Y.S. Environmental Quality Review Act was declared by the Town of Southold for this use and marina -related activities at this site. 6. By letter dated June 8, 1994 to Claudia Heliuski, the present tenant -operator of the subject snack -bar restaurant, the Planning Board of the Town of Southold confirmed that its present use was covered under its site plan approval issued January 11, 1993, and therefore no further review is required by their department pertaining to the parking and site plan regulations. 7. By letter received April 24, 1995 from Arthur M. Tasker (resident of the area) requesting that the Town review the activities of this "food service" due to concerns over recent advertisements in the local newspapers for catering as well as lunch and dinner at "The Salamander Cafe" and serving beer and wine to interested patrons. Mr. Tasker is concerned that the services extended were beyond the use/activites approved by the Board of Appeals in 1992, particularly since the resolution stated it was to be an "accessory food service facility for its marina patrons as an amenity", and other reasons. (Emphasis added) (Ref: Verbatim transcript of hearing record of August 9, 1995.) RESTAURANT USE 8. For the record the following facts are noted: a) At the time of issuance of the Special Exception, the zoning code allowed a "restaurant" use by Board of Appeals approval pursuant to Article XII, Section 100-121B(2): Uses permitted by special exception .... (1) Restaurants, excluding outdoor counter service, drive-ins or curb -service establishments. Such prohibition shall not prevent service at tables on a covered or uncovered terrace or porch incidental to a restaurant._. . b) A "restaurant" use was defined in the Zoning Code at the time (during 1994 and previously), as follows: Any premises where food is commercially sold for on -premises consumption to patrons seated at tables or counters. Any facility making use of carhop or parking lot service to cars or for the consumption of food to be eaten in said cars br outdoors shall not be considered a "restaurant" for the > Page 3 - Appl. No' `!�28-SE Matter of BREWERS- YACHT YARD AT GREENPORT Decision Rendered August 9, 1995 purpose of this chapter and shall be deemed to be a "drive-in or fast-food restaurant." c) Seating at tables or counters was authorized under the 1992 Special Exception, d) The number of seats for all patrons was, and still is, limited based upon the Health Department permit and based upon the size of the floor area of 46 ft. by 60 ft. ; see particulars detailed on site plan prepared by Daniel S. Natchez and Associates, Inc. dated July 31, 1992. 9. By the 1992 application it was known and accepted that the subject snack -bar or "cafe" use was intended for service of prepared foods mainly for marina and boatyard patrons. It was not the intent of the Board of Appeals to prohibit the service of food on-site to patrons other than marina users, however it shall be available for the marv'„a and boatyard customers as well as others. This single -service restaurant is specifically defined by the County Health Department and is conditioned by this determination as such. This food service is small and has a lighter effect on the area than that caused by large-scale restaurants containing dining with entertainment, dancing, etc." In fact it was represented again to the Board by the applicant that the use is no different than that presented in 1992 when it received its approvals. The applicant has assured the Board that in the event there is any change, the owner will return to the Town to obtain necessary approvals and assure full compliance. COMPLIANCE 10. In considering the testimony submitted during this new hearing and visiting the area, the Board Members find the present use is in full conformity with the Special Exception pertaining to the "use" as a snack bar, cafe -type restaurant (single -service) - and the applicant has indicated he is not requesting a different use, is not requesting an expanded use, and is not requesting anything other than that permitted under zoning. This Board agrees. Although a question was raised about the code's provision pertaining to a six month expiration period, the Board finds that all permits were actively pursued, Building Permit #22148 was issued on G/23/94. Subsequently a Certificate of Occupancy was also issued. LIMITATION OF FUTURE EXPANSION 11. The use granted under Special Exception No. 4128 is, and continues to be permitted at its present size of 46 ft. by 60 ft. in floor area, and is subject to other rules and regulations specified in the Zoning Code (and other codes applicable to this establishment) . Page 4 - Appl. No. ,8 -SE Matter of BREWERS YACHT YARD AT GREENPORT Decision Rendered August 9, 1995 12. Considerations by the Board were also given, among other things, under Section 100-263, sub -paragraphs A through P of Section 100-264, and Section 100-265, and find that there is no adverse effect or disturbance, as presently operating. 13. NOW, THEREFORE, on motion by Mr. Dinizio, seconded by Mrs. Tortora, it was RESOLVED, to RE -CONFIRM the use approved under Special Exception application No. 4128 for a single -service restaurant use, commonly referred to as a snack -bar or cafe -type restaurant and provided under Article X, Section 100-121B(l) of the Southold Town Zoning Code, at the existing marina and boatyard parcel of 9.5 acres, subject to full conformity with all rules and regulations applicable to a "single -service restaurant" defined by the Suffolk County Health Department. VOTE OF THE BOARD: AYES: Messrs. Goehringer, Doyen, Dinizio, Villa and Tortora. This resolution was duly adopted. Clarification 'marina" patrons other restrictions Southold. Ik Noted: This establishment is not limited to only and must re -apply for expansion, as well as in accordance with the Code the Town of GERARD P. GOEHRINGER, CHAIR RECEIVED AND FILED BY THE SOUTHOLD TOV114 CLF'RK DATE 8 Ji���S HOUR i%3D i Town Clerk, Town ofcuu:�.c__ 4913. 7 FOR BOARD AND STAFF USE lee,' 16>0 Updated New Information 19/m I �. �fiv W 64 Aa--k� 46 V 'AtIA2LO Feb. 23rd notices for carryover hearings mailed on 2/8 to the following: Mr. Douglas McGahan (Re: Mesloh) Bay Creek Builders P.O. Box 602 Cutchogue, NY 11935 Mr. Thomas McGwire (Re: Mesloh) P.O. Box 453 Peconic, NY 11958 Deborah Doty, Esq. (Re: Villani/Doroski) P.O. Box 1181 Cutchogue, NY 11935 John Bertani Builder, Inc. (Re: Trupia) 1380 Oakwood Drive Southold, NY 11971 J. Kevin McLaughlin, Esq. (Re: Trupia) 1050 Youngs Avenue Southold, NY 11971 Mrs. Catherine Smith Mulrain 1520 Bray Avenue Laurel, NY 11948 Peter S. Danowski, Esq. (Re: Diachun) 616 Roanoke Avenue Riverhead, NY 11901 Richard F. Lark, Esq. (Re: Diachun and Murphy) P.O. Box 973 Cutchogue, NY 11935 Mrs. Eleanor Diachun P.O. Box 61 Laurel 11948 sent 2/17 Philip J. Cardinale, Esq. (Re: PB INTERPR) Cardinale & Cardinale Box 2021 Jamesport, NY 11947 sent 2/17 Lawrence VanDyke, Esq. (Re: Doroski 280-A) 89 Jefferson Avenue P.O. Box 1365 Roslyn Heights, NY 11577 RR .jam t \ • , �Mrf; :!'�;lv i•'e•'r5 .).r,•�:yllh; , I 2I •_ )ri.`^T%,r��i2_�^;r''};^y. - iii c 1 oe of I yl o\ w a Cbw v 0 1 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 21, 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 Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JANUARY 21, 1999 at the time noted below (or as soon thereafter as possible): 7;20 p.m. Appl. No. 4649 — SOUTHOLD TOWN PLANNING BOARD by B. Orlowski, Jr. This is an Application for an Interpretation, requested by the Planning Board, to consider whether or not additional tables and a service area for alcoholic beverages are accessory to a food service, as determined by the Building Department in its November 4, 1998 Determination (ref: Site Plan j Application of TFG Acquisition Corp. (Drossos/Drosco) at Main Road, Greenport, NY; Parcel 1000-45-1-12). The Building Department determination states that: "the planned renovation calls for additional tables and a service area for alcoholic beverages accessory to the food service. The area involved and number of tables are matters you may have to consider when reviewing this project, the use is permitted in the zone and the accessory service of alcoholic beverages is common to restaurants in the Town." This includes a possible Town -Wide Interpretation under Zoning Code Section 100-91A regarding Restaurants and/or Drinking Establishments in the Limited Business (LB) Zone Districts of the Town of Southold. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard or desiring to submit written statements before the end of the above 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 the Board of Appeals' Office at (516) 765-1809. Dated: December 31, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN a o ru °� a U .0_ Ln o - R C Q E M �-eg ca :tiDc`a N 0 7 00. a C C Z C ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK ----- ------- ------------------x iii the Matter of the Application of 4 0AniA (Names'of Applicants) Parcel ID #1000- - ------------------------------- x 1000 -------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) n ✓AIN`9 �lUll AFFIDAVIT OF MAILINGS ©3T7:i residing at 1�7s �r��S CK 16,4 New York, being duly sworn, depose and say that: On the �-' � day of Ju- n 11 ,191, I personally mailed at the United States Post Office inC�5 fled 9 T ' , 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 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. n =— -- %N%wo. (signature) �+➢AAICY T. FUSCO oMry %ubC1ik State of We%v Y0dt 4882475 540. V I Qualified in Suffolk CounVt U emmtsslon E imes Jan. 20, 20 ,a it or on a sheet of haler, 'tick notices were mailed �1 2661 lady '00gE wjod Sd S the lot numbers next 1,\l 11 E,1� m O a� m c) m H o m C z- 0 m °w-' a c E E E � E in `1 in\ N a N a v rn ¢ Cr `N, s o N a 266 L I!Idy '0®gE wjod Sd =— -- %N%wo. (signature) �+➢AAICY T. FUSCO oMry %ubC1ik State of We%v Y0dt 4882475 540. V I Qualified in Suffolk CounVt U emmtsslon E imes Jan. 20, 20 ,a it or on a sheet of haler, 'tick notices were mailed �1 2661 lady '00gE wjod Sd S the lot numbers next ' d DSAS Ok'b Cou l TR ilvw19-1-SK/ rU -4-c K h&vio-p) Cir© o E- (20" po npo�T I UNITED STATES POSTAL SERVICE E,4q' C, First -Class Mail i11 � usWrFeeS Pai�j �f 0 Print your n � � � rfnit=iCto�G-�.Q� ;' ` e;sadt�� and ZIP eMe in X9913 f j , i� ZONING BOARD �° �% �.. , In the Matter of the Application of 74 1 (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000-S� / AFFIDAVIT OF POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at / L( i New York, being duly sworn, depose and say that: On the d day of �� ,19�, 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 f6r seven days prior to he d to of the subject hearing date, which ing date as s own to be (Signature) Sworn to before me this 16TH day of JAN , 19 99 NANCY T. FUSCO NoUq Public. State of New York n No.01FUU4882475 ®ualffied in Suffolk County CgttttaWon WireS Jan. 20, 20 ,1 ( otary Public) *near the entrance or driveway entrance of my property, as the area most visible to passersby. -F, ) Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 MEMORANDUM cc = w • BUILDING DEPARTMENT TOWN OF SOUTHOLD TO: Planning Board FROM: Edward Forrester, Director of Code Enforcement DATE: November 4, 1998 RE: Application of TFG Acquisition Corp. ( Drosso's ) SCTM# 1000-45-1-12 Fax (516) 765-1823 Telephone (516) 765-1802 Please be advised that the above application for an addition to the existing restaurant has been in the Building Department for about seven weeks, we are awaiting Planning Board approval before moving forward on the permit. It is my understanding that this addition is actually a renovation of existing space and does not expand the footprint of the structure. The planned renovation calls for additional tables and a service area for alcoholic beverages accessory to the food service. The area involved and number of tables are matters you may have to consider when reviewing this project, the use is permitted in the zone and the accessory service of alcoholic beverages is common to restaurants in this town. Enclosed is a copy of the legal Notice regarding your requests for Interpretation. As part of the formal review., it is necessary to receive from your Department ''t ,wcomplete duplicate Iz the ii planapplication file(s)and filedrelated documents regarding 1000-45-1-12 with references thereto (if separately). Please be, sureto include ;off r e., , g1) 1,n 1. ; ' ° and .a l other information at thisi6t° Attendance ba representative of the Planning !xoarX17will be necessary fov the public .a on Thursday, ;fir 1999 a7.,20 p.m.,Southold Town Hall,, 53095 URoad,,Southold,, NewYork,, ,Court/Assembly Room. 12®15 p.m. Delivered to Melissa (placed in Secretary®s incoming mail bo by Mel) 1/5/9 (No one else was available in PB office to tape mail' 4 Please to stop oreviewthe r _ S for updates o' g h+a information. "&6 zip` you. 1 Delivered t® Georgia (for Ed) 1/5/9 , OFFICE OF ZONING BOAR® OFAPPEAL5 53095 Main Road Southo/d, NY 11971 (516) 765-1809 fax 765-9064 December 30, 1998 Re: Chapter 58 — Public Notice for Thursday, January 21, 1999 Hearing Dear Applicant: Please find enclosed a copy of the Legal Notice describing your application. The Notice will be published in the next issue of the L.I. Traveler Newspaper, the Town's official newspaper for 1998-99. 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 location of this project with the setbacks and use noted. Send this Notice, 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 Ileal Property Office. 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 1/13/99. 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 postpone your hearing if the required steps are not followed. - Thank you for your cooperation. Very truly yours, ZBA Office NOTICE IS HEREBY GIVEN that a public hearing will be held by tht SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Ma�n Road, SouthoM, New York, concerning this property. 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 d between the hours of 8 a.m. and !�OARD OF APPEALS e TOWN OF SOUTHOLD @ (516) 765-1809 o H N40 L)LI rx� 0411 Jcw/z -/,V L__J 1 Are t Ll VI -------------- n.. n. V (A f, r 4V rP IJi il".'.1, �" '!� -A ir C I, 14� V 4x;' V_il t A.- + Ar, ri Z10 V O(L 102, J—t AL P t LL# r�/Nrt i h4 6, fit ITISAVICLATIO'407THE LAW FM A.*','[' [_:'l SCN, UNLESS ACT V'G UNDER THE DIRECTION OF A LICENSED ARCHITECT, TO ALTER ANY L"W. Ci W issues/ revisions. '2' T leo' (L) FA 7. NN client/owner, ci'_� ry project title, drawing title, date. scale. issue. JAN 15 1999 drawing no. ref. no. (2) �V a �j CO., J t.t TJ Aj 11 A7-er-;) Y'l T < C. tJ F=:4 4V tx PA F+. Z-\ r� _A01;:7114 `T V9 1 1154, % 0201 / 111 7- 36 min 915 54 min 36 min —4 1370 12 min, 12 min 12 1 42 min toilet .S 305 305 1065 ---paper C,1) C" -�2 rn E C C1 C) M C') 1" 0 C 7 (b) Back Wall Side Wall Fig. 29 Grab Bars at Water Closets 0 fl!& Ill % IV Ln ■ PIN —J PA [IF -A C\1 CV LO ■ PA P4 ■ P4 11M. -M IT IS A VIOL.,47104 Or: THE rjr0 et LAW 1`071 Al ZY UNLESS ACTING UNDER THE L DIRECTION OF A LICENSED 7 Arl : ^!, !!TL- P J K.TL DESC1'%;!'*`) l'i,'�COCIRDANCE 'T a rz?,JJ WITH THLh;. issues/ revisions, 36 min 915 18 18 min 455 455 E rl A tU clear floor space .................. 48 min 1220 `T V9 1 1154, % 0201 / 111 7- 36 min 915 54 min 36 min —4 1370 12 min, 12 min 12 1 42 min toilet .S 305 305 1065 ---paper C,1) C" -�2 rn E C C1 C) M C') 1" 0 C 7 (b) Back Wall Side Wall Fig. 29 Grab Bars at Water Closets 0 fl!& Ill % IV Ln ■ PIN —J PA [IF -A C\1 CV LO ■ PA P4 ■ P4 11M. -M IT IS A VIOL.,47104 Or: THE rjr0 et LAW 1`071 Al ZY UNLESS ACTING UNDER THE L DIRECTION OF A LICENSED 7 Arl : ^!, !!TL- P J K.TL DESC1'%;!'*`) l'i,'�COCIRDANCE 'T a rz?,JJ WITH THLh;. issues/ revisions, rl A client/owner. J, project title. drawing title. date. A ''Z scale. issue. JAN 15 1999 drawing no. ref. no.