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HomeMy WebLinkAbout4743d__ _ __ __ //`��" � f7f}T TiTceU� _ 3 J& APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 3, 1999 Appl. No. 4743 - RAYNOR-SUTER HARDWARE, INC. 1000-140-3-3.4 STREET & LOCATION: 320 Love Land at Intersection with Pike Street, Mattituck DATE OF PUBLIC HEARING: October 14, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of approximately 8500 sq. ft. with 77+- ft. frontage along Love Lane and 119+- ft. frontage along Pike Street. The property is substantially improved with a Hardware Store and is located in the Hamlet area of Mattituck. BASIS OF APPLICATION: Building Inspector's August 17, 1999 Notice of Disapproval which states that: "Proposed alteration of second story of existing hardware store of Personal Service Studio constitutes a second use on the parcel. Structure is located in the HB Zone on a lot containing approximately 8100 sq. ft. Pursuant to Article IX, Section 100-92, no building or premises shall be used and no building or part thereof shall be erected or altered in the HB District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. Bulk Schedule requires 20,000 sq. ft. per business use." AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance to allow second business use on this substandard 8500+- sq. ft. parcel in conjunction with the existing retail hardware store. REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. Applicant proposes to alter the second story of an existing hardware store for use as a personal service studio. The existing building containing the hardware store was constructed prior to zoning in the heart of the Mattituck business district. The 8500+- sq. ft. nonconforming lot is similar or larger in size to most of the other business properties on Love Lane. There are two municipal parking lots; one approximately 40 feet from the applicant's property on Pike Street, and another within 150 feet of the applicant's property behind the North Fork Bank on Love Lane. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance, because the lot size is nonconforming, 8500+- sq. ft., and the Town Code requires 20,000 sq. ft. per business use. a Page 2 - November 3, 1999 ZBA Appl. No. 4743 - Raynor -Suter Hardware Parcel 1000-140-3-3.4 at Mattitudc 3. The area variance is substantial. However, the proposed alteration of the second story for use as a personal service studio is consistent with the Hamlet Business District. It was also noted that a number of businesses in the immediate area have multiple uses and that pattern is consistent with the nature of the area and small size of older nonconforming lots on Love Lane. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because there is ample parking at the nearby municipal parking lot on Pike Street as well as the municipal parking lot behind the North Fork Bank on Love Lane. Since this is the heart of the business district, the added business should be a benefit to the neighborhood. 5. In order to address an adjoining property owner's concern about unauthorized use of his private right-of-way by customers of the personal service studio, applicant has agreed to post no -parking signs to deter such activity and to post signs directing patrons to the municipal parking lot approximately 40 feet to the east. BOARD RESOLUTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to approve the application, SUBJECT TO THE FOLLOWING CONDITION: That no -parking signs be placed, as agreed by applicant, directing patrons to the municipal parking lot approximately 40 feet east. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, and Collins. This Resolution was duly adopted (4-0). (Member Horning ofFi rs Island was absent, out-of- state.) ut ofstate.)/�— GERARD P. GOEH For Filing 11/5/99 RECEIVED AND FILED BY THE SOUTHOLcD} TOViN DATE Town Clerk, Town of Soul' --:old A ,41 NOTICE OF PUBLIC HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 16, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the, following applications will, be heldfor public hearings by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall; 53095 , Main Road, Southold, NY 11971, on THURSDAY, SEPTEMBER 16, 199 z the timesnoted below (or as soon thereafter is possible): 6:30 p.m.,- Appi. No. 4702 - DAN. AND MADELINE. ABBOTT; (Continuation from July 22, 1999). This is a request for a�Lot Waiver under. Article II, Section 100 -26 -for a substandard vacant lot referred to as =355 Pine Place, East Marion,, Map of,Ggrdiners Bay, Estates, NY, identified on the iSuffblk County Tax Maps as District 1000, Section 37, Block 4, Lot 14. This request is based on an application for a building permitandthe Building Department's. February 11, 1999 Notice of Disapproval which states that Lots 14 and 15 in District 1000, Section 37, Block 4, have merged under Article II; Section: 100-25A, due to common ownership at any, time since July 1, 1983. The adjoining lot 1000-37-4-15 is improved with a dwelling, and is referred to as 435 Pine Place, East Marion; NY:' 6,35 p.m. Appl,. No. 4739 - WILLIAM RICH III. This is a request for a Variance under Article III, Section ,100-31C.4 for the use and location of an accessory swimming pool, constructed under Building Permit No. 18782, at 1105 Orchard Street, Orient; Parcel Nos. 1000-25-2-20.17 and 19.1. This appeal is based upon the July 28, 1999 Notice issued by the Building Department, disapproving an application for a Certificate of Occupancy, for the following reasons: "Swimming pool or tennis court incidental to the residential use of the premises and not operated for gain. -subject parcel does not contain a principal residential use. Original permit for pool (#18782) was issued based upon a survey indicating that this lot had been merged with the neighboring, residential lot, these lots were separated by ZBA in Appeal #2104 dated March 26, 1976 and have not merged." 6:45 p.m. Appl. No. 4740 - GEORGE and JEAN BRAUN. This is a request, based upon the July 22 1999 Building Inspector's Notice of Disapproval, for a Variance under Article III -A, Section .100-30A.4 for approval of a side yard location of the existing accessory garage Page 2 - Legal Notice of Hearings September 16, 1999 Regular Meeting Southold Town Board of Appeals due to the proposed construction of an addition to dwelling. Existing garage is currently in the rear yard; located at 2005 Bay Shore Road, Greenport, NY; Parcel No. 1000-53-4-,11. 6:50 p.m. Appl. No. 4741 - CHRISTOPHER EMERY. Applicant's request fora Variance is based upon the August 13, 1999 Notice of Disapproval, and Article )DCIII, Section 100-239.4A.1, for a proposed location of an accessory swimming pool in the rear yard with a setback of less than 100 feet from the top of the bluff or bank of the Long Island Sound. Location of Property: 2735 Soundview Avenue, Mattituck, NY; Parcel No. 1000-94-1-13. . -. 6:55 p.m. Appl. No. 4742 -SE - MARY ELLEN„WHITTET THOMSON.,. Applicant requests a Special Exception under Article III, Section 100-316(13) for approval of "as built" Accessory Apartment use, used in conjunction with applicant -owner's occupancy of the dwelling located at 6230 Peconic Bay Boulevard, Laurel, NY; Parcel 1000-128-2-3. 7;05 p.m. Appl. No. 4743 - RAYNOR-SUTER HARDWARE, INC. Applicant requests a Variance under Article IX, Section 100-92, based upon the Building Departments August 17, 1999 Notice of Disapproval, for a proposed alteration of second floor for use (as a Personal Service Studio) at 320 Love Lane, Mattituck, NY; Parcel 1000-140-3-3;4. The reason stated in Notice of Disapproval is: "Proposed alteration of second story of existing hardware store for Personal Service Studio constitutes a second use on the parcel. Structure is located in the HB Zone on a lot containing approximately 8,100 sq. ft. Pursuant to Article IX, Section 100-92, no building' or premises shall be used and no building or part thereof shall be erected or altered in the; HB Zone District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference. Bulk Schedule requires 20,000 - sq. ft. per business use.,, 7:10 p.m. Appl. No. 4744 - EDWARD and JUDY aDART. This is a request for Variances under Article II, Section 100-23-C pursuant to. a Notice of Disapproval issued September 1, 1998, and applicant's request for a change in fdt�dllmensions with respect to lot(s) A, and B with :insufficient lot area, depth and width (area less than 40,000 sq, ft., lot depth at less than 1250 feet, and lot width at less than 175 fleet in this R-40 Zone District). Location of Property: East Page 3 - Legal Notice of Hearings September 16, 1999 Regular Meeting Southold Town Board of Appeals Peconic Lane and the South Side of.North Road (CR. 48), Peconic, NY; Parcel No. 1000- 74-3-15. 7:20 p.m. Appl. No. 4745 MARY JO PETERS. This is a<request for a Variance under Article III -A, Section 100-30A.3, based upon the June 24, 1999 Building Department's Notice of Disapproval, for approval of the location of an "as -built" addition with lot coverage in excess of the 20% code limitation and with a rear:yard,atiess than the code requirement of 50 feet. Location of Property: 5035 Peconic Bay Boulevard, Laurel, NY; Parcel 1000-128-1-15. 7:30 p.m, Appl. No. 4746 - &A -ER -T:7. KRUPSKI. This is a request for a Variance under Article III, Section 100-33B based upon the August 24, 1999 Building Department's Notice of Disapproval, for approval of the location of an "as built" accessory buildingi with a rear yard setback at, less than the code requirement of three (3) feet. Location of Property: 36050 C.R. 48 (North Road), Southold, NY; Parcel 1000-69-4-6. 7:35 p.m. (Continuationfrom prior Meetings): Appi. No. 4685' -VINCENT TORRE. This is a request for a Variance under Zoning Code Chapter 100, Article III, Section 100-31C(2) based upon, the October 20, 1998 Notice of Disapproval (updated January 27, 1999) regarding a building permit application to convert accessory barn for retail sales in conjunction with applicant's Art Studio and Gallery, disapproved for the reason that retain sales and a gallery for public viewing in the accessory building is not a permitted use in this A -C Zone. Location of Property: 100 Sound Avenue, Mattituck; Parcel No. 1000-120-3-1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application(s) or to submit written statements before concluding the hearing. .Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, 1 ^^ Y Page 4 - Legal Notice of Hearings September 16, 1999 Regular Meeting Southold Town Board of Appeals please do not hesitate to call (516) 765-1809. Dated: August 24, 1999. BY ORDER OF THE SOUTHOLD,OWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO Ravnor Suter Hardware Inc FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.X. NOTICE OF DISAPPROVAL DATE; August 17, 1999 320 Love Lane Mattituck N.Y. 11952 Please take notice that your application dated August 3, 1999 For permit to Alteration of second floor to Personal Service. Studio at Location of property 320 Love Lane Mattituck County Tax Map No. 1000 Section 140 Block 3 Lot 3.4 Subdivision Filed Map # Lot # Is returned herewith and disapproved on the following grounds Proposed alteration of second story of existing_ hardware store for Personal Service Studio constitutes a second use on the parcel Structure is s san Y�� A� Authorized Signature FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL: 765-1802 Examined ................., 19.... Approved.................. 19.... Permit No. ..:............. Disapproved a/c .................................. ...................................................... ................................ (Building Inspector) APPLICATION FOR BUILDING PERMIT BOARD OF HEALTH ............... 3 SETS OF PLANS ............... SURVEY ........................ CHECK ......................... SEPTIC FORM .................... NOTIFY: :CALL .................... MAIL TO: .................... ........�.......................... Date . 3 .C/�� . . _ . , 19 q! . INSTRUCTIONS V a. Ibis application mist be completely filled in by typewriter or inink and sutadtted to. the Building Inspector wi 3 sets of plans' accurate plot plan to scale. Fee according to schedule. b. Plot ti plan showing location of lot and of buildings on presses, relationship_ to adjoining premises or public streets or areas,and giving adetailed 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 Tissue a Building Permit to the applicant. Such permit shall be.kepton the. premises available for inspection throughout the cork. e. No building. shall be occupied or used in whole or in part for any purpose winatever until a Certificate of Occupancy shall havebeen granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building ZonelOrdlnance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinancesor 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, building code, housing code, and regulations, and to admit authorized inspectors onpremises and in building for necessary inspections. (Signature of applicant, or nam, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder ..................................... 41.N.a.1?,��...................................................................... Name of owner of premises .....P"Air. JY. ...,]:?�.:�t�... I .};�ft d2iji W�Z E.,,i'�,�.�..�....................... (as on the tax roll or latest deed) J If applicant is a corporate signature of ;I authorized officer. (Nano and title ofcorporate Builders License 130 . ......................... P1.mbersLicense No. Electricians License No . ..................... Other Trade's License No. 1. Location of land on which proposed.:work will be done................................................................ ZO J� fhb 1......................1?l.?.!. ?................ House Number Streets / Hadeet County Tax Map No. 1000 .Section ... J.. 52..... Block ........3 ..... It ...as.1........ 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 ...!e���l(C , 7 ..Zrrr�2�� �3"�J�Cj �;............... b. Intended use and occupancy ................. .................... ; L. , . Y71.. cr ��....TC. .5 1. Nature of work (check which applic ,e): New Building Addition r '....... Alteration .......... Repair ............ Romwai ............. Demolition ............ Other Work , ............................. (Description) i. Estimated Cost ...I b ........... fee ............................................. -(tube paid on filing this application) i. If dwelling, cumber of dwelling units ............ limber of dulling units on each floor ................ Ifgarage, number of cars ...................................... i. If Liminess, co®ercial or mixed occupancy, specify nature and extent of each type of use.M q.J/ ............ Dimensions of existing structures, if any: Front ... ss4 ........ Rear .. 5........... Depth ... f .... height ....... A5.. ............. Number of Stories .... .................. Dimensions of same structure with alterations or additions: Front ............... Rear ....... Depth .................... Height .................... Norther of Stories {. Dimensions of entire new construction: Front ................ Rear ................ Depth .............. neight .......................... Number of Stories// ..................... t" !. Size of lot: Frit ... .S.! i .._......_ Rear ................ Depth ..........!... 10. Date of 1'uu'chase ....�.9.� �........ Nave. of Former Owner ... �� ~). .... r.. i ....... _... i 11. Zone or use district in which premises are situated ..._ � ......E... 2. Does proposed construction violate any zoning law, ordinance or regulation:11Y?)s. 13. Will lot be regraded ...... <'vA ..,f....... Will excess fill be removed from premises: YES r -'OND p p` 14. Nacos of Owner of premises 'A.Y.Jw':\.�1. f ' ....�ini�Acldress3?� fAJL. l.'. i�1TT/,'(i'I�KRiore No.=•,1 0 �i, 1 z;.�.. Name of Architect .................................... Address ................_............ Phone No. .............. Name of Contractor ................................... Address ...............................Phone No. .............. 15. Is this property within 300 feet of a tidal Wetland? * YES .......... ND ...X..... *1F YES, SORIIIDID TUWN TRll51F7;13 PM1[T MAY BE- REQLHFffM. . PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set -back dimensions iron property lines. Give street.. and block number or..description .,according to deed, and show street nares and indicate.: +hether interiors or corner lot.t. TA1H or mw YORK, SS XWIY OF ....................��.. Q __ .... N. R. .!1.:�. fC�._I........ ...beinp, duly sworn, deposes and says that he it the applicant ,Name of individual signing contrac- 'lbove wafted, _ - - (z e!: , Y4....5:?Eenlgp.................. tois the .......... .......................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authori7.ed to perform or have performed the said work and to nuke ,and file, this .application; that all statements contained in this application are true to the best of his knowledge and belief;., and. Swat the work will be performed in the manner set forth in the application filed therewith. 11 Sworn to before he this . . .......day of ...... ..........19. 9�... Notary Public.:..V..:Q... Notary utile 3rateaf New York (Signature of A icant) - No. 4931392 Qualifisd-in 9uffoikCoantY Commission Expires July llrT<S� f oo. T/-2 0199 TOWN OF SOUTIIOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO + $ 99 DATE ....�..�i��� 11010 -1'0 TI IE ZONING BOARD OF APPEALS, TOWN 'O�F�;SOUTHOLD, N. Y. I, (We) RF1�IlrO?Zc � c�1.F1 .(? �+ .of ......Ja.. L.......... ..�...i......................... Nome of Appellant Street and 'Number .......................................... .........tom,:...»...HEREBY APPEAL TO Municfpality State TI IE ZONING BOARD OF APPEALS FROM TI IE DECISION OF TFIE BUILDING INSPECT'OR ON APPLICATION FOR PERMIT NO ......................... ....I.... DATED .........?.j,a ./...........:........... WHEREBY THE BUILDING:INSPECTOR DENIED TO Name of Applicant for permit of .......:�..� a.�..............Y.Ct. Street and Number Municipality : State CA) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY I. LOCATION OF THE PROPERTY U!40.6 ... . }1�. ? .J .... ............... Street /(�am)e / Use istrict' on Zoning Map District 1000 Section Jz{aBlock 3Lot3 Current Owner1 p,N d SkArC l flR��J'jF Map.No. _ -Lot No. ' Prior Owner Tek 3�W(f� 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub. section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article )�A Section tab–g2 3. TYPE OF APPEAL Appeal Is. made herewith for (please check appropriate box) (X) A VARIANCE to' the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to, lock of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (1;wwi(has not) been; mode with respect to this decision of Ilia Building Inspector orwith respect to this property. Such appeal was ( ) request for a special permit I ) request for a variance and was made in Appeal No . ... .....................Doted ................... .....r................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection. 3 O) A Variance to the. Zoning Ordinance ( ) is requested for the reason that t� iZ7J ((,.p Pt t.r C,% r` c—gq P, -z G 2 a o 0 o S o� l�fYi2C G e f F�F� SCCo+.)� u5C dN (3uSIrv�55 P ACL,_ exception." if necessary, tures.) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby: properties, if granted BECAUSE: ,��t>�3 O�Cy4'/1rve�! iS rN �calvFari 2., The benefit sought by the applicant CANNOT.be achieved .by some method, feasible for the applicant to pursue, other than.an area variance BECAUSE: �r,.a1,i t mudc� 3. The amount of relief requested is not .substantial BECAUSE_. `T 45P,F, W int, 43�E t t0 CAA A,v c- -T0Tff E, Fflt:�T CRY &]I- 4. ra4. The variance will NOT have an adverse.effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE rVO VISUAL Z`kCy--e R tI6CkVy-A"r fS���S1Fn% Witte (26-SkEW, 5. Has the alleged difficulty been self-created? ( ) Yes. ASE SV j B� Y' aae�� tvq h% TIS PkF�E'vs-17E3) 6. This is the minimum that is necessary and ade(fhate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. STATE OF NEW YORK) COUNTY OF SUFFOLK) (7 �� i:'i�a C G✓Y' Agent Sworn to before me this 1_� x txtlk; foru.^rar/temp attach written consent from owner. of (`IVzV . 19n"7I MEMIE V. t ' Notary Pubk SM of ter Yak No. 4906712 OMPnw in Sum Coaly 00MM M EVkW oot.19,18 TOWN OF -S�WT��LQ� OWNER STREET IT VIL"i I AGE DIST. SUB. LOT FORMER OWNER N D� cr r Ira c_ n �irL'E s i E'-ACR. S W - Non' `•. �, aA�'/.E TYPE OF BUILDING RES. VL. FARM 7 CgMM..� GP;�. MICS. Mkt. Value LAI IMP, TOTAL DATE REMARKS Ooo /ood Sia 7 ,fr' 7 �UPeliAsed a iCr7- yoo% SOC oo+o, / �pe F'cr L A PKC C NNMAW r iv t°d A ro .... a iia Nnr Sri; . c4774Q. - r�L 2 2k ai Z O. Ib' 00 c) 9 lJSC7 _ I <, i Dinette K. LR. DR. 3R. FIN. B COLOR TRIM _ n' M. Bldg: Extension ' Extension Extension Foundation Bath Porch Basement Floors i Porch Ext. Walls Interior Finish Breezeway, Fire Place Heat Garage Type Roof Rooms 1st Floor Patio �5) Recreation Room Rooms 2nd Floor O. B. r Dormer _ Driveway Total 79oa Dinette K. LR. DR. 3R. FIN. B TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER -- STREET _. _.. .. VILLAGE -DIST. SUB. LOT E R R OWNER N E ACR. W �. TYPE OF BUILDING RES.y SEAS, VL FARM CB. MICS. Mkt. Value LAND IMP, TOTAL DATE REMARKS t AGE _ BUIL It, O CON-'ITION NEW _ _ NORMAL • , BLOW ABOVE FARM Acre YaG$e Phi Value Y1�rg, Tillable _ FRONTAGE ON WATER Woodland ' FRONTAGE ON ROAD S 1, Meadowland 3 �FQ DEPTH House Plot s' BULKHEAD "v s i ,Total �✓ DOCK �I TOWN OF SOUTHOLD PROPERTYRECORD CARD �- OWNER STREET VILLAGE DIST, SUB: LOT Q(�UZ1F2 LOVL= lkN GL / i F RMER OWNER N PA VV0 Rs0-4.-r E �.w i✓h k' E ACR, o.o S y/ TYPE OF BUILDING m -U LW 13q�K RES. SEAS. VL FARM COMM' CB, MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS o.`.)io.v /G/iz 9 — /Z5, - / 1<1'1 f�1i l;� ai /, ✓ µp( "7 ooa i AGE BU�LING,COlR1TlON NEW NORMAL FARM Acre- Value Per :::Value T Acre Tillable FRONTAGE ON WATER —,° Woodland .. '" FRONTAGE ON ROAD a _ Meodowland DEPTH " House Plot BULKHEAD `Total —+ DOCK 11 resr "OATA N DAF 4P OIFN BROWN SINOy LOAOM !S. BFONMCLIY£YDANOB, \ CNpR1'E j - PALE BROWN FINE TO CO<NSE SAND ;�nrvr. 20 �, U1 EPyES PftPM t i \� 51°ft 11141 r, TEF ,N PALE DROWN dN0 B PALE BROWN N t 1 EJIt-° SURVEY /� FME TO LOAFS£ SANG J UR VE Y OF 0 INL ° dl aE EB02E. D. Ld�O.PP \>ftfA ,,,fib kl �N/EP of PROPERTY �e A T MA TTI TUCK No TOWN OF SOUTHOL D SPR E �p cONc SUFFOLK COUNTY, N. Y ter.-, REE yosEa `� ..0 1000 - 140 - 03 - 3.1 , NoR Jd IO o Scale 1" = 201 Off RPY j o Mach 5, 1990 \\ Ni 63 k5: AQ resr o \NLL Y N 3 R M U 'OLE o = Q 6 z o. 'OAF: 66!00•.. r b °dc. N51�42 �siDP aD,NB eVs roo m ia.9 f BR6 -- 1.�— i.4_ s Y Eftpp WP / 9 i \ o,. ece c. S10R_ °flFy / LaypftCs 5� % ,r CERTIFIED TO: ; ^ sPxa 1 BLOCK & REILLY F `./ GPT NIEL�. SUFFOLK COUNTY NATIONAL BANK 0 7 3 e+ vov'e� ELac Jw`ivsc Ger. ft 1L°u+s ' f t+1G ROR P MOO �. ...m ❑LS' ` 14 Lo 54, 5b' co,LftE & ER LAND3`. sib.- c°PB wASyEFN "5 EA < 10, 252 s q. f L " Prepared in accordance with the minimum MY.S LIC. NO. 49668 �� :�.. - standards /or Title survey approved estand adopted !YORS, P.C. by the (.LA.L.S. and approved and adopted – for such use by The New York State Land. P. D. 508 Title Association, MAIN ROAD ELEVATIONS ARE REFERENCED TO ASSUMED DATUM. MAIN R CQ. NY. 11971 90- 142 COUNTY OF • ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M JONES, A.I C P. DEPARTMENT OF PLANNING DIRECTOR OF PLANNING November 22, 1999 j NOV 261999 Town of Southold Zoning Board of Appeals l_.^_-_ ------- ---- — - -' Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Raynor Suter Hardware Inc. 4743 Lang, Erna* 4748 Schembri Homes 4757 *Alternative relief appears warranted. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G:\CCHORNY\ZONI NG\ZON I NG\WORKING\LDS\NOV\SD4743. NOV LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR IN P. O. BOX 61 00 ■ (5 16) 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER (5 1 6) 853-4044 �o�oSUFFoc,��, o� o Gym y 2 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 CCR -mission; x Variance from the Zoning Code, Article IX , Section 100 -92 - Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4743 Applicant: Raynor Suter Hardware Inc. Location of Affected Land:, 320 Love Lan,e Mattituck, NY County Tax Map Item No.: 1000- 140-3-3.4 Within 500 feet of: w Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) X 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 Lot.area with second use. Copies of Town file and related documents enclosed for your review. Dated: /,,//x/1999 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mr. Henry Raynor Raynor -Suter Hardware, Inc. 320 Love Lane Mattituck, NY 11952 BOARD OF APPEALS TOWN OF SOUTHOLD November 5, 1999 Re: Area Variance/Apel. No. 4743 �u Dear Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971--0251 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Enclosed please find a copy of the Board's November 3, 1999 determination regarding your application for an area variance. Please be sure to submit information necessary for issuance of a building permit (if necessary) and certificate of occupancy for the additional use with the Building Department and any other agency having jurisdiction. A copy of this written determination has been transmitted to the Building Department for an update regarding the original Notice of Disapproval and for their permanent records. Very truly yours, LZ P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Department Planning Board Office Decision filed 11/5 Page 7 -October 14;--x'999 Board of Appeals Hearings 6:45 P.M. - Appl. No. 4743 - RAYNOR-SUTER HARDWARE, INC. Variance for insufficient lot size with regard to a proposed second principal (permitted) use (2nd floor). corner of Pike Street and 320 Love Lane, Mattituck. CHAIRMAN GOEHRINGER: Good evening Sir. What would you like to tell us about your Special Exception Application Sir? MR. RAYNOR: Well you gentlemen are well aware the Personal Services Studio on the second floor that were requesting is a permitted use in a Hamlet Business District. The problem exists in that the lot size presently under the ordinance is 20,000 sq. ft. The building that we're in pre-existed the Town Zoning Ordinance by about 50 years which was put up in 1927. I'm not sure that there are'any business that exist either on Love Lane or Pike Street. That by ( ) of 20,000 sq. ft. I really feel, that the request before you is consistent with other buildings in the area that had approved alterations over the years and it is deflectable the neighborhood being a down town location more or less a mom and pop operation throughout. The question obviously would be to have a second use the intensity of parking and ( ) is well versed in the fact the property to the east owned by Vince Zahra also abuts the park district property and I estimate there's probably parking in there for 70-80 cars as well as diagonally across from the -intersection of Love Lane and Pike Street the parking that exists for the Municipality backing up to the railroad station. I want to be sure to give the Board the Affidavit of Posting before I forget that and Mary Ann Cullins and basically if the Board has any questions I'd be happy to hear them at this time or anytime - CHAIRMAN GOEHRINGER: All right, we did receive a letter from the adjoining property owner. Could you explain this situation of rights-of-way in the back of your building and I know you have parking directly to the rear of your building between yours and Mr. Zahra's, which you use basically for your own employees. . MR. RAYNOR: Right. Basically where we're parking today, is in the right-of- way. CHAIRMAN GOEHRINGER: OK. MR. RAYNOR: There exists. about I'm going to say plus or minus 40 feet between Mr. Zahra's building alone.. That right-of-way, was created by myself and Bob Barker back in I'm going to say 1973, when we purchased the property and the idea behind the right-of-way was that should ever Mr. Barker transfer the property at that time was the remainder was either in the hands of Milowki and the Kelsey Estate. That we had the ability to bring all the trucks to off-load Page 8 - October 14, --,999 Board of Appeals Hearings away from Love Lane and Pike Street, and keep the traffic flow and the pedestrian flow open. That was the original reason for it. When we had originally submitted the first application, I received a letter I believe it's Akeson who is the attorney for Mr. Block and Mr. Reilly and it was our error in showing that as parking. I wanted to reflect actually what was there. I had sent the Board a Memo saying, please delete this from the site plan and sketch that we've shown and I forwarded a copy of that to their attorney so that they would realize that it was an error on our part and it was not something that in any way would take from their rights. But, that's how it came to be. It was a gentlemen's agreement in the early seventies, that when Mr. Barker transferred the property he would extend the right-of-way down to the property of Mllowski and on down through with the various owners and unfortunately as you know Mr. Barker passed away and this didn't occur. CHAIRMAN GOEHRINGER: So you actually don't have a right-of-way over these gentlemen's' property next door? To the existing right-of-way which goes out to State Road 25? MR. RAYNOR: No, not at all. We do have a walking easement that goes to the parking lot. But, this is kind, of academic too. CHAIRMAN GOEHRINGER: And inyour statement before your feeling that there is enough public parking that patrons to this second use could utilize, alright, that your feeling that there is no need for any additional parking on your side or any other site that's related to meaning contiguous to your property? MR. RAYNOR: With the exception of the second Saturday in July when we had the street fair in Mattituck, and possibly years ago when the Strawberry Festival was there, that lot is full. I have not seen that lot totally full in almost 30 years of being on Love Lane, Pike Street corner. So yes, I do feel that it's more than adequate. Obviously the train is no longer the fact that for the commuter that it was 25 years ago, and that lot is greatly unutilized. CHAIRMAN GOEHRINGER: OK, just tell us briefly about the business and what's going to happen there -and what kind of changes will be made. MR. RAINIER: Physically the changes will be made, a change in the doorway on the Pike Street side. It will go from a double freight door to a single entrance door. Outside we intend to revamp the windows upstairs. That'll be the end of the physical appearance changes. The gentlemen that have come to me and have interest unfortunately couldn't be here tonight. We want to open this Personal Services Studio and I'm using the vernacular from 'the ordinance. They're business trainers and they have a number of students and a number of people apparently that they are helping with personal physical fitness and beyond that I can't speak for them but, this was their intent. as intent to put the Page 9 - October 14, i 999 Board of Appeals Hearings second floor of the store with gymnastic equipment with weight equipment and use it. CHAIRMAN GOEHRINGER: OK, thank you. Is there anybody would like to speak to Mr. Raynor regarding this. We'll start with Mr. Dinizio? MEMBER DINIZIO: No. MEMBER COLLINS: Yes, Mr. Raynor, I would just like to ask a couple of questions to get into the record a little more about, sought of the heart of the matter here. It seems to me the heart of the matter is, that the Building Department looked on your request to do this work upstairs, and said, you need 20,000 sq. ft. per use in the Hamlet Business District. As you pointed out before your Hamlet Business District is a perfect little small town downtown where nobody has anything even vaguely approaching 20,000 sq. ft. per use. I'm not lecturing, I'm really am asking a question. I just want to get your view of your neighborhood into the record. Is there any business structure in the Love Lane Business District that actually stands on a parcel as big as 20,000 sq. ft.? Can you picture one? MR. RAYNOR: Probably the largest business structure I could figure out would be now Tandy Plumbing. which yearn ago was a boarding house and that's probably about 80 feet by 100 and I'm estimating, maybe 120. MEMBER COLLINS: OK. CHAIRMAN GOEHRINGER: It's 103, Henry, 103 x 234 x 212 x 84. MR. RAYNOR: You can't argue with numbers, especially if you got it in front of you. I don't honestly know of anything that's that large. MEMBER COLLINS: OK. I think if push came to shove here because you were literally looking to do work to put in a second use. I mean, is it your experience in watching life go by on Love Lane over the years that local businesses have been able to refurbish, revamp, fix up their properties in a physical structure way without having 20,000 sq. ft.? MR. RAYNOR: Yes, very much so. Rather than go into, there are a number of businesses there that_have multiple uses. I really don't want to go into too much of my neighbors business. That I don't know if they've been here to the Zoning Board of Appeals. CHAIRMAN GOEHRINGER: The one to answer your question is the octagonal building on the corner that we just granted. Page 10 - October .14, 1999 Board of Appeals Hearings MEMBER COLLINS: Of course we just granted a Special Exception, that wasn't a Special Exception was it? CHAIRMAN GOEHRINGER: No. MEMBER COLLINS: No, at any rate to put in a coffee bar down at the corner and actually that was my next and final question which is, to what extent there are properties that are a single parcel, a single structure with more than one use. I'm not looking for names. Are there any around in the Love Lane area? There is the octagon. MR. RAYNOR: Yes there are, I can think of four in the immediate block. MEMBER COLLINS: Fine, thank you. I just wanted that in the record, thank you. CHAIRMAN GOEHRINGER: Mrs. Tortora? MEMBER TORTORA: The exercise equipment. Are you going to have any inner reaction with the exercise equipment or with the business upstairs at all? MR. RAYNOR: I'm going to be strictly a landlord and as far as the operation is concerned, I certainly could lose a pound or two. MEMBER TORTORA: It doesn't look like it. That's the only question I have. CHAIRMAN GOEHRINGER: Mr. Horning? MEMBER HORNING: I'm all set. CHAIRMAN GOEHRINGER: OK. Thank you Mr. Raynor we appreciate your, I stand corrected on the issue of Special Exception. I apologize. I happen to be on Special Exception kick tonight and I apologize. (Changed tape). Anybody else that would like to speak in favor of this application? Anybody like to speak against or has concerns? Mr. Block, I apologize for holding you up. MR. Block: Not at all. Whether it be against or for it's up to you folks. CHAIRMAN GOEHRINGER: Just state your name for the record, please. MR. BLOCK: My name is Richard Block. My partner is Rich Reilly. He's here presently. We have the property that's contiguous to the property in question and I have a few questions. Parking in the area of Love Lane is at a premium as we all know. Since the property that is changing its use, has no parking at all per se, where is the new patrons of the new entity, the exercise salon going to Page 11 - October '1'-,+, -1999 Board of Appeals Hearings park? That's one question. Second, our property has suffered and has been violated consistently by all our neighbors, the exercise salon, hardware store and the market by people who are parking on our private property constantly of both commercial and individual. With the new use being put in, the exercise salon, we can only see a larger influx of transgressors to our property which hampers our customers and our business. How can we be assured, that our property will not be violated? Also, how can we be assured that our deeded driveway is not violated? Now and in the future, it is our right-of-way, which is quite valuable to us for egress exit we need it. We deserve to enjoy this right-of- way at anytime we choose to do so. The market, Zahra property, and the hardware store, use our property not them per se and we enjoy a good existence with our neighbors per se themselves. However, their customers are transgressors. Not too many ( ) people have come to pass, but, we're just saying, if, this new exercise salon enjoys the same flavor or the same existence as the other exercise salon, there's going to be a lot more people trying to park on our property. CHAIRMAN GOEHRINGER: Can I ask? Mr. Block, are you referring to your rear yard? MR. BLOCK: Yes. CHAIRMAN GOEHRINGER: The entire rear yard as it exists right now? MR. BLOCK: The entire rear yard. CHAIRMAN GOEHRINGER: I had seen signs on horses, you know, out there at certain times. I don't know if there, there now, because I really don't park back there anymore. MR. BLOCK: Just once. That was during that thing in July. CHAIRMAN GOEHRINGER: You're referring to anybody that illegally parks back there? MR. BLOCK: Exactly. CHAIRMAN GOEHRINGER: OK. All right, we'll ask Mr. Raynor the other question. MR. BLOCK: The only thing we have because there is a lot of violation and usually hard feelings occur. We try to be as neighborly as possible. We know that people use it for going to the post office and so forth we shirk it right off because they're going to be there for a moment or two and usually people are Page 12 - October 7 q' 1999 Board of Appeals Hearings pretty good about it. But, with this going on, I feel as though it should be adjusted. MEMBER TORTORA: Is there nothing that you can do about it to prevent parking on your property? MR. BLOCK: To fence it off? To have a gate that opens and closes? I wouldn't like that ( ) myself. I'm just saying we have put up a sign that parking is by authorized, you know, that's more of a subdue thing and people do violate that, but we want to be neighborly too. But, we just want to know, if this exercise salon coupled with the other one which is contiguous to our property, we're going to have more people? MEMBER TORTORA: I just don't know if you have problems with violations now. MR. BLOCK: We do. MEMBER TORTORA: Yeah, and you're not able to control them now then - MR. BLOCK: Well, that's what we're looking for, a redress from the court. MEMBER TORTORA: What I'm trying to say is, I'm not sure that we can handle this through this one application because - MR. BLOCK: I realize that, but, will it have more input? CHAIRMAN GOEHRINGER: It will worsen. MR. BLOCK: I would think it would get worse. It seems to be reasonable to assume, that it would get worse. CHAIRMAN GOEHRINGER: Does anybody else have another question of Mr. Block? MEMBER DINIZIO: Do these people drive through the town parking lot to park on your property? How does it work? CHAIRMAN GOEHRINGER: Well if you had a piece of chalk Jimmy, I would show you how it works. MEMBER DINIZIO: Yeah, I mean I've been back there before. I just can't quite picture your particular piece and I mean there's a lot of parking back there. I couldn't understand why someone would have to - Page 13 - October 14, 1999 Board of Appeals Hearings CHAIRMAN, GOEHRINGER: What happens with Mr. Block and please I'm a Mattituck resident and I've lived there for 40 years and I am totally, I totally sympathize with you with your problems. That there is no physical way to get to the mail, except to go through the delicatessen market place that's there or to park on Mr. Block and Mr. Reilly's property and walk down the right-of-way which belongs to the Mattituck Park District. MEMBER TORTORA: What's the matter with the Municipal Parking? MR. BLOCK: � Not to interrupt, but, Mr. Goehringer, we have a joint with the Park District, a walkway. CHAIRMAN GOEHRINGER: Right. MR. BLOCK: Which they, we consented to this, which we could eradicate, we have an escape clause for it. But, we enjoy that ourselves, because why not walk and our property is there. But, it is our property and we'd like to have it in good faith put. We have had real problems with like say the market was consistently running their big five, six, ten ton trucks, over our cesspool. Our cesspool is our livelihood. But, we had a large problem with that. CHAIRMAN GOEHRINGER: Can I just ask a question Mr. Block? MR. BLOCK: Absolutely. CHAIRMAN GOEHRINGER: And this is just a purely selfish question of me. Why haven't you tried to fence that to some degree? MR. BLOCK: Like I said, it would mean opening and closing the fence. Is that what you say? MEMBER TORTORA: The problem is this. I'm a Mattituck resident too. My question is, why don't they park across the street in the Municipal Parking lot which is even a 75 feet from both of your businesses? MR. BLOCK: You're right. They should park in the Park District Parking, Lot, but, they don't because they want to go closer. It's normal. But, most of the people since we've put up the sign, they've been like I say, we want - CHAIRMAN GOEHRINGER: I know, you're also a Mattituck resident, I know. MR. BLOCK: Right. We also want to be you know, good to everybody but; when we get an influx of a lot of people we would like them to be ( ). , Page 14 - October 14, 1999 Board of Appeals Hearings CHAIRMAN GOEHRINGER: Any other questions of Mr. Block? We thank you Sir. Anybody else would like to speak against or has concerns about this hearing. MR. BLOCK: One more question? CHAIRMAN GOEHRINGER: Yes, surely. MR. BLOCK: Can I find out. In other words, my question, I'd like to have an answer- CHAIRMAN nswer- CHAIRMAN GOEHRINGER: Yes, and now I'm going to Mr. Raynor who is the applicant. Mr. Raynor, I don't know if you want me to paraphrase the question? But, maybe you want to address what Mr. Block had to say and'then I'm going to ask you a specific question after that. MR. RAYNOR:, Well, Mr. Block has never come to me with a specific problem. realize he has had problems with the trucks coming through. Other than that, really have no comment. But we obviously don't encourage and we can't even fit any of our trucks on to his property nor do we ever want to do so. It is a practical pragmatic kind of business when we have frontage on the street to utilize the neighbors parking, nor would we ever have the intent to do so. CHAIRMAN GOEHRINGER: OK. Let me just ask you a question. Would it be adverse to your interest if you erected some sought of fence in between your property and Mr. Block's property so people wouldn't attempt to park on his property and then transverse your, the rear yard, we'll refer to it as your rear yard, it's really not the rear yard, it's really the side yard of your property. MR. RAYNOR: For the past 15 years nobody can. CHAIRMAN GOEHRINGER: Right, I know, I know, you're kind of have to be like a mountain goat to get over there. MR. RAYNOR: I would have no objection, none at all. However, It would mean putting a fence across the right-of-way. I'm sure Mr. Block would have objection to that. CHAIRMAN GOEHRINGER: Mr. Block? MR. BLOCK: I want the right-of-way to be, it will be used by my partner and myself at any time without -having to go to have to ask permission. - CHAIRMAN GOEHRINGER: Well, what if you put a gate there and you both had keys to it? Page 15 - October 11999 Board of Appeals Hearings MR. BLOCK: That's all right. CHAIRMAN GOEHRINGER: Is that all right Mr. Raynor? MR. RAYNOR: I have no objection. I'm not sure it's going to serve any purpose. MR. BLOCK: No, I agree with him. MR. RAYNOR: I don't think Mr. Block and Mr. Reilly object to traffic coming from Pike Street to our property to his. I think his objection is and I see it everyday, just what the gentleman is describing. Everybody pulls into the Municipal lot and then hey, we've got a nice cylinder block parking lot and - I don't have to walk a half a block I only have to walk 300 feet down and they pull into the back of this facility and they use it. Unfortunately, unless he can control it on site. CHAIRMAN GOEHRINGER: The elongation of your cement driveway or where your cement driveway stops which is directly toward the rear of you building, the rear toward your property, OK, where you have basically the grass mound, we'll refer to it as a hedge row, whatever you refer to, OK, what you said is virtually unpassible, which you're absolutely correct. I mean there are some little pass in there and so on and so forth. MR. RAYNOR: We have two dumpsters there. CHAIRMAN GOEHRINGER: Yes, right, right. Do they have a right-of-way over. there, Mr. Block and Mr. Reilly? MR. RAYNOR: Mr. Block and Mr. Reilly have a 25 foot right-of-way, you're getting right on the corner of the Zahra building coming west. CHAIRMAN GOEHRINGER: Right. So, in order to stop any foot traffic or somebody attempting to park on their property, if, as I had suggested, the erection of a fence with a gate so that you both had mutual use of it if you needed it, that would stop the foot traffic and force the people to park in the parking lot, would it not? MR. RAYNOR: No, no. Foot traffic is coming all from the Municipal Parking lot across his property. It's not coming across the Hardware store's property. MEMBER TORTORA: It's coming from Love Lane. MR. RAYNOR: Outside of me getting a cup of tea about 7:00 o'clock in the morning, they're coming in. Page 16 - October 14, 1999 Board of Appeals Hearings CHAIRMAN GOEHRINGER: So, that's not going to help the situation. So we really have no ratification on how you know, we're going to help Mr. Reilly and Mr. Block at this point based upon your second use here. Is that correct? MR. RAYNOR: That's correct. CHAIRMAN GOEHRINGER: I mean, I really don't know of any other reason. Come up ( ). We're taking this down by tape. That's why we need you there. MR. REILLY: What I'm saying is, the right-of-way and the Municipal Parking for the Park District, can change like that without us having any hold on it whatsoever. But, our right-of-way does not change. As a commercial right-of- way, we have 20 feet from the Zahra's building, I guess it's west to Mr. Raynor's building. We would like that ( ). Actually not immediately, but, in other Words we'll work together with it. But, we really don't want any parking lot or dumpster, to this thing or the other thing. However, we're ( ) with that. We can do a lot of things with it. I have no problem with Henry, and I don't think he'll have any problem with me as far as that right-of-way goes,, but, we'd like to have it accessible at all times. However, I know he's, and he's worked with us before. We had no problem - CHAIRMAN GOEHRINGER: You still have an ongoing dialogue with Mr. Raynor? MR. REILLY; Without a doubt, without a doubt and but, we'd like to know is, the only objection we have is, if people influx on our property and stay there and they do, they do. CHAIRMAN GOEHRINGER: Right, sure. MR. REILLY: And our customers get into words with them at various times and we've had caustic situations at various times. So far everybody coming out pretty ,good, but - CHAIRMAN GOEHRINGER: Mr. Raynor did you want to say something? MR. RAYNOR: I'd be more than happy to work it out and I have worked with Mr. Block and Mr. Reilly you know, it's a neighborly thing to do as people like to walk less and less we have on occasions people pull in between the hardware store and take their laundry across. MR. BLOCK: They have done that. Page 17 - October 14, 1999 Board of Appeals Hearings MR. RAYNOR: What you going to do. That's human nature. I've never had a problem with regard to anything there. If there's anyway and it becomes a problem I would hope, that Mr. Block and Mr. Reilly would come and say, how look, they're parking on our property, do something about it and I would respond. The tenants would say, look it's for both. You're going to have to control your patrons., CHAIRMAN GOEHRINGER: Mr. Raynor is there a possibility that when the sign gets posted for this new use, that the bottom of the sign or an .adjunct sign be placed and a very small one saying, parking in Municipal Parking Lot only. MR. RAYNOR: I'd be more than happy. CHAIRMAN GOEHRINGER: is that OK with you? MR. BLOCK: It's great. CHAIRMAN GOEHRINGER: Yeah, Municipal Parking or Street Parking only. MR. RAYNOR: In fact, we'll put that over the doorway. (Everyone talking atone time). MR. REILLY: It's the shortest point between - CHAIRMAN GOEHRINGER: Two points, right. MR. REILLY: The post office, the market, so forth. The most problem of course is with the market because all of their commercial trucks ( ) and another problem with that it's been all right so far. I still have to go out and address the situation many times. But, with a sandwich in there and of course it looks very appealing, no question about it and everybody comes in and out of the truck they go, they're doing their business and so forth and then a lot of times they'll block in our customers and that effects me. CHAIRMAN GOEHRINGER: I just want to mention something to you about the parking lot on the other side of Mr. Zahra's building. That parking lot belongs to t he Mattituck Park District which belongs to all of the residents in the Hamlets of Mattituck and Laurel, OK. That particular parking lot is now under a lease with the Town of Southold. The Town maintains that parking lot, OK, and we are presently still under I don't know what period of time of the ten year lease we're under but, when that lease comes up for renewal, we automatically renew it. It would only be the town that would tell us that they do not want that lease renewed. We have no intentions of disposing of that property in any other way. We have to do it through public referendum anyway and I'm speaking now as a Page 18 - October 14, 1999 Board of Appeals Hearings Zoning Board person I am not speaking as a Commissioner of the Mattituck Park District which I have held a .position for 24 years, so I just wanted to tell you that it's not going to be an, immediate . situation where that particular parking lot would be done away with. MR. BLOCK: I didn't know that and from our point of view, we knew it could happen because it's out of our hands. I mean it's the Park District property. They could build an apartment house there if they want. MEMBER TORTORA: No, they couldn't. They would have to go to referendum. MR. BLOCK: Well still, I mean - CHAIRMAN GOEHRINGER: I just wanted you to go away from this hearing knowing that tonight, that's all. Just so long as you're aware of that. So we will attempt to take all of this information and certainly kick it around and make a decision and we hope that the ongoing dialogue continues at all times to always occur between property owners and that's a generic statement. Thank you. MR. BLOCK: Thank you. MR. RAYNOR: Thank you very much. CHAIRMAN GOEHRINGER: Hearing no further comment I'll make a motion closing the hearing reserving decision until later. MEMBER COLLINS: Second. Motion carried. See Minutes for Resolution. P� S-�� Tp, r- Is --jr tj P 7 Z i I , I ` A�r tv i� ROBERT A. AKESON `-- ATTORNEY AT LAW MEMBER: NEW YORK AND FLORIDA BAR Chairman Gerald P. Goeringer Southhold Town Board of Appeals Town Hall 53095 Main Road, Soutbhold, NY 11971 Re: Appl No.4743 Raynor -Suter Hardware Inc. Thursday, September 16, 1999 Dear Chairman Goeringer: 516-584.7079 582 NORTH �ICOUNTRY ROAD September 1 �,N1Yw 11780 I am the attorney for Richard W. Block residing at 33 Case Road, Cutchogue, NY and Richard B. Reilly residing at New Suffolk Ave. Mattituck NY. Mr. Block and Mr.Reilly are the owners of the real property ( 240 Love Lane, Mattituck, NY ) adjacent and contiguous to the property of the applicant. Applicant's sketch of his property, submitted herein, indicates a parking area in the North/ East corner. ( copy annexed ) We respectfiilly point out that this area of applicant's property is subject to a twenty - foot right of way in favor of the Block/Reilly property. The terms of the right of way provide for unrestricted access for vehicular traffic to Pike Street. The terms and conditions are spelled out in duly recorded deeds. (Barker to Block/Reilly Liber 11079 page 215; Barker to Raynor Liber 7617 page 436 ) Please take notice that my client's object to any action on the part of the board which would impede, lessen, or interfere with their right of way. I am enclosing a survey for your use. If there is anything further xequired please advise. ery truly yours zd,-,f 4* c01 ROBERT A. AKESON n C17! 1J! 1'777 1M: u J10-G70-41� f MH 1 114u .-U I r -M nldwL Ul 324 LOVE LANE M4i "CICK MY. 11952 516«298-8420 516-298-2127 PAX r r h Y -A }_I 9 f 15.- 1 iry iJ 1 ` 0C. � t1 RA's NOR SUTER HDrlE 1 ll iSs �7 YDS gr r .an YY - Y: t :Cr!,Pt ".^t 320 LOVLANE E .71 N. 9.74 J 1 PLJTt9�4" V 51-6-298-2127 VAX Iq //,5-/ � � u NY— e e r �V� y r e Y\ '.4 a �. '�}�''��5 �'� � r ��. v r.>.•d?"''. ^4'-L �: - j., a 3 .i' v_-•' ..�,. � "�— •y_ i� .e�•^t.. '� - E u PAGE 01 CAI) m CZA R- Q A 41Z OFFICE OF BO RD OF APPEALS .Southold Town Hall 53095 Main Road Southold, NY 11971 765-1809 ZBA tel. 765-9064 ZBA fax 4r�e4exuo4uu�e4eu9e4rae4r4r4ruu9eu4r4e�e�rerx�c�c�c4e�r4r4r4ru�e4enYu4e9e�Yu4eoY4r�e4cnYeY4r4e�r4r�c4eeYuoY�e�e�eSeu4rx�Y�euux�e�e�e4r4e�e�ruo4�ro'r September 15, 1999 Mr Henry Raynor Raynor -Suter Hardware, Inc. 320 Love Lane Mattituck,, NY- 11952 1, Re. New Hearing Date (Variance) Dear Mr. Raynor: This will confirm that you have requested a new hearing date of October 14, 1999 instead of the September 30, 1999 alternative date, due to the Board's cancellation of the September 16, 1999 meeting. A new sign and Legal Notice for mailings to all surrounding property owners will follow within the next two weeks Very truly yours, Linda Kowalski 6C 4 Ing. _, _::• :Jwamena{fig;:;. courC=incidental.; use of.;thepremv ' ' '•ated"'for'gajit:�°': does: hot -loaf" `. de®tial •oese:c-0gi . •' Poo��,4#187t32)yru :�upowa survey a; .lpt;had'b6piE neighboring; resi" lots-:vere zsepar: 1.f App@a4#2104::c aadJ�javo 6.45. -p-m. _;App. GE®11GE'' On4f J Thi-:is%$4 request;_ PAS: SEP1Z BEYi;��6;31Q9 ? :�'•:. A7/iTrr+L . Tc•---vcn n r�e;ae. Vikiance undei Artici 2005 Bay- Shore 110ad ,Gi in IdY; Paicel lVo..1O P-53 ' i, 1.6:S,Qpm:2:APP.:�141y'' :: p+PPIaiit':i�4esto •based upon 'the „ gus pfp��PArQv?H� �?�::t'Zrticlye ' XxM-i-.$gption lOD ? 9.4A 1;,.for`P proposed',locat1PY*ce qs$o ' ��'8 Po!_LhegQ4�-Y �aitlb; a setback of less',tbaq'1O ;fet ' the to{a`of:il►e•luil�s�Tti�k.;pti: Lgng 7Island Sound:> l:,ation pf, .rPro ert ; 273S.S ttudvie Ave. u P * P ?�{ OOOR- 4,. 1VlattiluCk, NY;:i?arcel �4- 1-13. x...-. '� ° 6:55 p.m. Appl. No. .4742 -SE NARY ELL N..: ":WHIT ''r; Tli®IVIS®N. -ApplieantL;geyuests:a� Special Lxcepti.d undg;.;Aruele. tflI Section.1031B(13.�a;aPprgval of �•�as ,built��;;�s�s�Qgy,�agn� s use, used in cgn90N 0,0, pji,. si "Noposed•ilteri :story of=existing_.h fog: Personal': Servlc :stitutes-a secoAa- cel:°Structuress loci 6Zone on a.loiconta As.1'tP1J€I�.siu �wnchapt •iAsQf�GardAners��av��state's�NYu�t`-rScliedi ,'are: available for STATE OF NEW YORK) )SS: ®UNT , ®F SUFF®1,K) of Mattitu county, being duly sworn, says tha Principal clerk of THE SUFFOLK a weekly newspaper, published at M, the Town of Southold,. County of State of New York, and that the Noti the annexed is a printed copy, has larly published in said Newspaper week for weeks_ pt commencing on the of � 19 Prins Sworn to bef e me this //5c day of l9t� — 7 MARY 0 NOTARY PUBLIC, NO. 52-465524 COlti9;AISSION EXF ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION'OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville - DATED: August 20, 1999 RE: Zoning Appeal No. 4743 - Raynor Suter Hardware Town Mall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 Transmitted herewith is Zoning BOard'Of Appeals Application 4743 - Raynor Suter Hardware. Also included are Z.B.A. Questionnaire, Applicant Transactional Disclosure Form, Notice Of Disapproval, Application For Building Permit, copies of Property Record Cards, sketches of property location and plans. r QUESTIONNAIRE FOR FILING WITH YOUR Z.E.A. APPLICATION A. Please disclose the names of the owners) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) �1 C - N R-\1 F W4,14 R a k, N FE-fe B. Is the subject premises listed on the real estate market for -.sale or being shown to prospective buyers? ( ) Yes (�,) No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? ( ) Yes ()�) No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with thls application? -ILS 3. Is the property bulkheaded between the wetlands area and the upland building area? 1,1a 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Nb (If not applicable, state "N.A.") concreteF. Are there any patios, barriers, bulkheads which exist and are not shown an the survey m_. that submitting? Wrz-�wg If none exist, please state "none." G. Do you have any construction, taking place at this time concerning your premises? N eg if yes, please submi t a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? �i� If yes, please explain where or submit copies of deeds. Please1. _ _ use or operations parcel RE-7TWt- SRI -ES, and AutharizedlSignature:.. Date Al' YL d LA [V'd' TRANSACTIONAL DISr,�, URS FORK v The Town of_Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The Purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME-. L1-WA%*11'"d1Z Flu-rF- 1161a`�W�`-N e— (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other (If "Other," name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest_ "Business interest" :weans a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO )— If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation)l B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSIIIP Submittedthisday of (* 1999 1 Signature � yV►r Print name I I�(�K1,, t ROBERT A. AKESON ATTORNEY AT LAW MEMBER; NEW YORK AND FLORIDA BAR 516.584.7079 582 N1�ORTH COUNTRY ROAD Septembe%r 1�"1Y 1 1780 Chairman Gerald P. Goeringer Southhold Town Board of Appeals Town Hall 53095 Main Road, Southhold, NY 11971 Re: Appl No.4743 Raynor -Suter Hardware Inc. Thursday, September 16, 1999 Dear Chairman. Goeringer: I am the attorney for Richard W. Block residing at 33 Case Road, Cutchogue, NY and Richard B. Reilly residing at New Suffolk Ave. Mattituck NY. Mr. Block and WReilly are the owners of the real property ( 240 Love Lane, Mattituck, NY ) adjacent and contiguous to the property ofthe applicant. Applicant's sketch of his property, submitted herein, indicates a parking area in the North/ East comer. ( copy annexed ) We respectMy point out that this area of applicant's property is subject to a terms twenty - foot right of way in favor of the Block/Reilly property. The tes of the right of way provide for unrestricted access for vehicular traffic to Pike Street. The terms and conditions are spelled out in duly recorded deeds. (Barker to Block/Reilly Lber 11079 page 215; Barker to Raynor Liber 7617 page 436 ). Please take notice that my client's object to any action on the part of the board which would impede, lessen, or interfere with their right ofway. I am enclosing a survey for your use. If there is anything further .required please advise. ery truly yours 4 &oOL-,- ROBERT A. AKESON ul to A ok A 1� DARK BROWN SANDY LOAN BROWN CLAYEY SAND TALE BROWN 'qNr COARSE ARSC SANG Safi WATER IN PALE BROWN AND VCHY PALE BROWN FINE TO COARSE SAND I AREA = 10.252 sq.ft. 0101f Les C 0. VES EP 001 51 or, D')'j'O LAI. , 50 ONO AA oo- of,'gf, Ito J'Ar.c 1 ,rP-A . F"- 114 00 FBP ^A,14 r OIL 641 000 ell'rOff jjr'I 41 0 ,5a y6 06 5t P� AT TO WN SUFFOL 1000 - Sc M. CER TIFIE BLOC, S1JFF( Prepared in accordance with the minimum standards for title surveys an established b grthe '-'A.L.S. and approved and adopted �such use by The Now York State Land Tit ir Association. .NOTICE OF PUBLIC HEARING THURSDAY, OCTOBER 14, 1999 SOUTHOLD TOWN BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, OCTOBER 14, 1999 at the time noted below (or as soon thereafter is possible): 6:30 p.m. Appl. No. 4743 - RAYNOR-SUTER HARDWARE, INC. Based upon a Notice of Disapproval dated August 17, 1999, a Variance under Article IX, Section 100-92, is requested. with respect to a substandard lot size for a proposed (permitted) second principal use on the 2nd Floor. Location of .Property: Corner of Pike Street and 320 Love Lane, Mattituck, NY; County Parcel No. 1000-140-3-3.4. r The Board of Appeals -will at same time and place hear any and all persons or 'representatives desiring to be heard in the above applications or to submit written statements before the hearing is concluded. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: September 22, 1999. SOUTHOLD TOWN BOARD OF APPEALS NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. 0 WNER(S) OF RECORD: DATE OF PUBLIC HEARING: Cr 1 1 qqq• D If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a m and BOARD OF APPEALS •TOWN OF SOUTHOLD e (516) 765-1809 /Y ZONING BOARD, OF APPEALS TOWN OF SOUTHOLMNEW YORK -------------------------------------------x In the Matter of the Application of P,PQ'J S"YA)� \-JPtR-bW?9-bE (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- J40 - 3 I-`/ ---------------------------------------- x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING P, N) , �� (V d � residing at Z? S yn- cl-T I oT,WA,�, , New'York, being duly sworn, depose and say that: On the day of C)Q)y_,19 9M , I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that ' I hereby confirm that the Poster has remained in place for- seven days prior to the date of the subject hearing date, which hearing date was shown to be ignature) Sworp to before me this I l( day of(D(2 f - , 19 F- . l (Not!o Public) *near the entrance or driveway entrance of my property, as the area most visible to passersby. a § 58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC HEARING § 58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] § 58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public Bearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving, the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed bylaw. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street Which the property involved in the application abuts, giving notice of the application, the, nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be 'set back not more than ten (10) feet from the property line. � The sign shall be displayed for a penod'�of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and -every. property which is across from any public or private street SOUTHOLD CODE § 58'1 from the property included in the application. Such notice- shall be madeby certified mail, return receipt requested. posted at least seven (7) days prior to the date of the .initial public hearing on the application and addressed to the owners at the addresses .listed far -them _ on the local. assessment that ros/hll.e 1 ashe applicant lien agent shall his file- .an aMdavit provision. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK Yri the Matter of the Application of (Names of Applicants) Parcel ID #1000- (Lfe - 3 6- ----------- --------- ------------ ------------- ------x COUNTY OF SUFFOLK) STATE OF NEW YORK) Jr. -1 AFFIDAVIT OF MAILINGS residing at % A ---IT-, -�- a , New York, being duly sworn, depose and say that: On the Z� day of SEP , 19_1�, I personally mailed at the United States Post Office in VnP,7 " , 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 Wssessors, or n#y Rral erty-A€G� i s,v �'�v��1J di=m 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. Sworn to be lore me this ay of 6mkw , 1976 fy— (Notary Publi t, 6d9Luv4lt V. t* -W# 1 N0184 pme, mw of 1%49W V®yk 6o. 4792 Maw Bnsumy Commbabn E#m id. 19, 9 PLEASE list, on the back of this Affadai,it or on a sheet of paper, the lot numbers next to the owner nanaes and addresses for which notices ivere.nmilett, Thank you. MIRIUM Updated New information 7565 dap spa RAYNOR-SUTER HARDWARE 320 Low Lana P.O. Box 1459 MORituck, WMI YOFft 11952 x IL Ta the Matter of the Application of N"p R SLkl—1 P, 14A��1���� (Names of Applicants) Parcel 1D #1000- --------------------------------------------- x AFF'IDAVI'T OF MAILINGS I, � o �� _ to residing at ��? �- CA1� �@ VJ A L � Q 1(� h) A-Ta`-wuc- , New fork, being duly sworn, depose and say that: On the 3(D day of CT -U&7", 19 91, I personally mailed at the United States Post Office inNA1-1 o Q L%,CN , New Fork, 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 rile with the 0 Assessors, or ( ) Real -#r e 1 bw N z> t S QU e #4 � I.D 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. E 1�2� (s gnature) Sworn to before d,+f BALM= r err r �t�c ,�md�► d t'c�1c PLEASE lest, on the back of this Af dai,it or on a sheet of Paper, the lot numbers next to the owner nanaes and addressesfor which notices were nsailed Thank yom PS Form 3800, April 1995 4 / L.L. l gLL PJ Street & Number V9 :2,710 o p ry CD CD p rq (7 co O C 3 ' Fj Special Delivery ct Restricted D ee -V CD w U Return Recwing to,. --1 Whom & Da I ered H r OIva �.o v m m - T j 0 _ ®• C C W m l� 3 � 2 o m' _ $ , �4 Postmark or Date �. o CD j m m 0 Z�n/)�• eWa CA LAJ Cl) Ln M L0 � . a ru CD fs` C E _ t 0_ Z 3217 354 924 US Postal Service Receipt for Certified Mail .. No Insurance Coverage Provided. Do not use for International Mail See reverse Sent 4 / L.L. l gLL PJ Street & Number V9 :2,710 Post Office, Stat& ZIP Cod f-ITYd, Po ry , 119 age 3 Certified Fee Fj Special Delivery Restricted D ee Return Recwing to,. --1 Whom & Da I ered Retum Receipt winNo Date, & Address 's Addr TOTAL Postage es $ , �4 Postmark or Date PS Form 3800, April 1995 3 D R.3 �. S3. w 1-1i� � m °' a m, y C) o Z 320 354 930 O am_ pm a n C C M y LD. o T r"`D m m m US Postal Service m m m 3� m S" PV � Receipt CD y a oCD z- 0 a (OD '.C. Co pt f®r Certified ^ o o ® ' w No Insurance Coverage Provided. ��l CL j m ® ! Do not use for International Mail See reverse H (� c� i '~ co M S t to s _Lij AP®v Co o `D w o fSttreet & Number o CL ru W CL P s,Q t Office, Stat , &ZIP Code` C e = � m IN w Postage ���1 ®. 114 - y Z 504 815 697 US Postal Service Receipt for Certified Dail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to Street & Number Post office, State, & ZIP (god � � " ®1 2-15 • 7 U7"•�� a i�l - Al / , , i N -- W e rn Wetum ho, Receip 'ng Whom &Date to Q He Receipt Sh in to d / v Date, & Addressee's om, dress TOTAL Postage & Fee _ EPostmark or Date E2 NO'T'ICE OF PUBLIC HEAR- INGS SOIJTHOLD TOWN u BOARD OF AiPIPEALS THURSDAY, OCTOBER 14,1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY.- OCTOBER 14. 1999 at the times noted below (or as soon thereafter is possible): 6:30 p.m. Appl. No. 4743 — RAYNOR-SUTER )HARDWARE, INC. Based upon a Notice of Disapproval dated August 17,'1999, a Variance under Article IX, ' i Section 100-92, is requested with respect to a proposed second prin- cipal (permitted) use on a substan- dard lot size. Location of Property: Corner of Pike Street and 320 Love Lane, Mattituck, NY; County Parcel No. 1000-140-3-3.4. 6:35 p.m. Appl. No. 4750 — R. RIBAUDO. Based upon a Notice - of Disapproval dated September 13, 1999, a Variance under Article XXIII, Section 100-239AA1 is re- quested for a proposed location of a swimming pool at less than 100 feet ' from the top of the L.I. Sound bluff at 1920 The Strand, East Marion, NY; County Parcel No. 1000-30-2- 56. 6:40 p.m. Appl. No. 4748 ERNA LANG. Based upon a No- tice of Disapproval dated June 17, 1999, a Variance under Article III, Section 100-33C is requested for a propsed location of an accessory garage in a front yard area at 220 Oak Street, Cutchogue, NY; County Parcel No. 1000-126-1-51. 6:45 p.m. Appl. No. 4752 — KATHRYN and MICHAEL RUSSO. Based on a Notice of Dis- approval dated August 16, 1999, a Variance under Article XXIV, Sec- tion 100-244 is requested for a pro- posed location of an addition with a reduced front yard setback at 775 Cal ood Road, Southold, NY; Cou ty Parcel No. 1000-90-4-22 :55 p.m. Appl. No. 4753 — PA L and RIITHANNE CORAZZINI. Based upon a Notice of Disapproval dated September 10, 1999, a Variance under Article III, Section 100-33 is requested for the location of an existing garage and pool, both in a side yard area (yard designation modified due to the Proposed location of a dwelling addition) at 3120 Albertson Lane, Greenport, NY; County Parcel No. 1000-52-4-1.2. 7:00 p.m. Appl. No. 4754 — ROBERT AND ESTHER BO- DENIIOP. A Special Exception is requested under Article III, Section 100-318 for approval of an Ac- cessory Apartment in conjunction with owner's residence at 1100 South Drive, Mattituck, IVY; Count' Parcel No. 10011-106.12-4._ 7:10 p.m. - -- 1. No. 4755 — EDWARD AIIDREY WEIf- ZEL. Based pon a Notice of ; Disapproval dated August 25, 1999, a Variance under Article XXIV, Section 100-244 is requested for the �I location of a proposed addition to dwelling with a front yard setback at less than the established 30 feet and less than 35 feet provided by the Bulk Schedule of the Zoning Code. Location of Property: 35 Second St., New Suffolk, NY; County Parcel No. 1000-117-10-20.4. 7:15 p.m. Appl. No. 4756 — BRIAN WARREN. Based upon a li Notice of Disapproval dated -July.-.-, 28, 1999, a Variance is requested under Article III, Section 100-33 for an as -built accessory garage located in a side yard at 500 Deep Hole Drive, Mattituck, NY; County Parcel No. 1000-115-12-6. 7:20 p.m. Appl. No. 4757 — SCHEMBRI HOMES. Based upon a Notice of Disapproval dated September 20, 1999, a Variance is requested under Article III, Section 100-32, for .a dwelling foundation, constructed under Building Permit No. 25863-Z, located at less than 50 l feet from- the rear property line. Location of property: 625 Indian Neck Lane, Peconic, NY; also known as Lot 24 on the Map of Richmond Shores; County Parcel No. 1000-86-1-4.24, j 7:25 p.m. Appl. No. 4749 — LESLIE WINDISCH. Based upon a Noticeof Disapproval dated Au- gust 12, 1999, a Variance is re- quested under Article III, Section 100-31A.1 for permission to alter accessory building from non -habit- j able to sleeping quarters (habitable use without cooking or kitchen facilities but with bathroom facili- ties) at 1375 Pine Neck Road, I Southold, NY; County Parcel No. 1000-70-5-39. 7:30 p.m. Appl. No. 4751 — W j HOWELL AND R. ]PATTON- Based upon a Notice of Disapproval I dated September 10, 1993 and Article III, Section 100-31A.1: (a) an Interpretation is requested_ to determine whether or not bathroom facilities in an accessory building creates a second dwelling, and (b) a Variance, if necessary for approval -_ or-baffir-06-m facilities in accessory building (without sleeping or habit- able quarters). Location of proper- ty: 15825 Main Road, Orient, NY, County -Parcel No. 1000-18-3-15. 7:45 p.m. Appl. No. 4758 — RONALD AND VICTORIA it SC HNSON. Based upon a Notice of Disapproval dated September 22, 1999, a Variance is requested under Article III, Section 100-33 for a pro - i, posed location of an accessory horse shed in a side yard at 510 Tallwood Lane (ROW off w/s Cox Neck ILane), Mattituck, NY; County ' Parcel No. 1000-113-07-19.27 (p/o I19.14). The Board of Appeals will at isame time and place hear any and all persons or representatives desir- ing to be heard in the above appli- cations or to submit written state- ments before the hearing is con- cluded. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 - p.m.). If you have questions, please do not hesitate to call (516) 765- 1809. Dated: September 22, 1999 BY ORDER OF THE SOU THOLD TOWN BOARD OF APPEALS --- __GERARD P. GOEHRINGER,CHAIRMAN PO Box 1179 Southold, NY 11971 1980-1TS30 STATE OF NEW YORK) )SS: COUNTY OF S FUITO�K) 1013 Of Mattituck, i1 said county, being duly sword, ' says that ]fie / sloe is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattntuu, in the Town of Southold, County of SunffoIlk d State of New York, and that the Notice of w h the annexed is a printed copy, has been regu- larly published in said Newspaper once each week for 1 weeks successively, commencing on the day e of b 9 , i w l 0 Principal Clerk UJOHN P. BRISOTTI Sworn t before e ttn�TA Y dkt. STATE OF NEW YORK day of Dsa pi .T��� Gam 19 NEP. 01BR4732613 QUALIFIED IN SUFFOLK COUNT' ,- '_� COMMISSION EXPIRES MSV 31 �QOU� I A PIKF- S 71?1--Z--7- ----SICCOIVD A/00� PIA" I C) . 2-1 - � n PIAN -,WcolvQ 1-zooR RAYWOR s6lrrl-p, okOFESSfe F"ll M7 I ff I I 1770 DA 7r -- T Ar- o6Y I C) . 2-1 - � n