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HomeMy WebLinkAbout468674 Pau I_', s _ L a rte. i c ,. .N Y . _ .._. 04 449 Andreas Paliouras / - p G 5` gas, . oev Reinstate and restorer welling to its original state as a one -family dwelling. 3/28/85 4 4�11 'Ifs`ci+ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 3, 1999 Appl. No. 4686 - ANDREAS and STACEY PALIOURAS ZONE DISTRICT: B General Business STREET & LOCALITY: 32570 County Road 48, Peconic 1000-74-4-9 DATE OF PUBLIC HEARING: May 20, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The applicant's property is a 1.196 -acre parcel located on the south side of the North Road (a/k/a County Road 48), in Peconic. The property is identified on the County Tax Map as District 1000, Section 74, Block 4, Lot 9, and is improved with a single-family residence and two accessory storage buildings. A copy of a survey dated November 10, 1982, prepared by Roderick VanTuyl, P.C. shows the general layout of the buildings and property. The dwelling is located in the 'B' General Business Zone District. (On October 19, 1999, the southerly portion of the property was re -zoned from 'B' to 'LB' Limited Business by the Town Board.) BASIS OF APPLICATION: Building Inspector's October 20, 1998 Notice of Disapproval citing Article X, Section 100-102, and stating that "The proposed gift shop being located on a lot in an existing non -conforming single-family dwelling in a B District has insufficient lot area. It is required to have a total lot area of 60,000 sq. ft. The existing lot is approximately 51,400 sq. ft. AREA VARIANCE RELIEF REQUESTED: Applicant has applied for a building permit dated August 31, 1998 for permission to use part of an existing one -family dwelling as a gift shop. The gift shop is proposed for retail sales to the general public and is listed as a permitted use under Section 100- 101A(2), which includes by reference Retail Stores as a permitted use [by reference with the Hamlet Business Zoning Uses at Section 100-91A(6)]. The retail gift shop is proposed in the main building (dwelling). The floor area attributed to the gift shop activity is proposed at approximately 400 square feet. No additions or other buildings are requested in this variance application. The remaining buildings would remain accessory to the applicants single-family dwelling or storage areas related to the gift shop. REASONS FOR BOARD ACTION. DESCRIBED BELOW: Based on the testimony and record before the Board, and personal inspection, the Board makes the following findings: 1. The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because: a) the addition of a small 400 sq. ft. gift shop is a conforming use in this General Business Zone District. Page 2 - November 3, 1999 Appl. No. 4686 - A. and S. Paliouras 1000-74-4-9 at Peconic RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE 11141 V 9 HOUR //' "-Nn Town Clerk, Town of Southold b) the immediate neighborhood is a mixture of residential and commercial uses. Properties to the west consist of a gasoline station and woodworking business, to the east a gravel business, to the south the Long Island Rail Road, and to the north residential and agricultural. c) traffic impacts will be mitigated because applicants have agreed that egress and ingress to the gift shop will be from the "private road" adjacent to the westerly property boundary, and that in no event shall ingress or egress be from Route 48. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the lot size is nonconforming (preexisting at 51,400 sq. ft.) and 60,000 sq. ft. is required for the General Business District with single-family residential and retail gift shop uses. 3. The area variance is not substantial because the lot area meets 84% of the code required minimum for this district. 4. The proposed variances will not have an adverse effect or impact on the physical or environ- mental conditions in the neighborhood or district because the addition of a small gift shop located in the applicants' residence will be in keeping with the commercial zoning designation of this and surrounding properties to the east and west. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a retail gift shop, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Mr. goehringerseconded by Membe- Goll' nib was RESOLVED, to GRANT the variance, as applied for and subject to the following CONDITIONS: 1. The size of the gift shop within the residence shall be limited to an area no greater than 400 s f .or one-half of the first floor, whichever is larger. 2. Ingress and egress (access) to the gift shop shall be from the "private road" which abuts the applicants' westerly property line. In no event shall ingress and egress (access) to the gift shop be from County Road 48. VoteoftheBoard: AYES: Members Goehringer, Di zio, or;t'ora,Collins. This Resolution was duly adopted (4-0). ( ber H nin of �sland was absent, out-of-state.) put pQV. TRUEY}rQr�,,pAp NQT1C n Town,.H0,- 53095 Main Read .;Southold; T'uzk =,New 11971, or SfI _9 E_/W 20,.'1999: at tht time noted 6etow (or as soon there 'afteraspossiple� & p7.No,46&5—VIN _.. CET7T"1`oRRE;:Tbu is -a reques for a Variance under Zoning. Codi chapter 100,' Article; 11I,. Sectio mg a''"bmldiu pi:i:appforLion u -. coavedt'geceasot.} Herd,, for retal sa[es}n eno3unebon wrth applicant ArtStudio apd Gallery, disapprove ` foriliere- nthat ret ail sales and- galle,5y,ten'Ili fc, viewing in th accessory bpildingis not a permitte use m _this A -C Zone. location c Property 111..05ouud Aveiiue, Matt. tuck; NX;Pazce1ID 1000'-1?A-3-1. 6.45 1p.m. Appl. No. 4656 ANDREA AND STACE' `�tlF/ moi/ r I. i of Mattituck, in said i, says that he/she is SUFFOLK TIMES, a .shed at Mattituck, in ;ounty of Suffolk and tat the Notice of which .copy, has been regu- Newspaper once each weeks supcessively, �2 day Principal Clerk /avz 19— T- 1°k Y DMA FOSTER 44UTARY i HL'C, STIVIFE OF NEVV Yt)i, SUFFOILh C'0Uial i G FORM NO. 3 t, TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To ,Andreas Paliouras .. P.O. Box 434 ........................................ Peconic, New York 11958 DATE: October 20, 1998 ............................ PLEASE TAKENOTICEthat your application dated ... August _31........ 19 98 for permit to use part of an existing one family dwelling for a gift shog ...... _.. at Location of Property 32570 CR 48 Peconic ..•••• ............................... ............. House No. Street Hamlet County Tax Map No. 1000 — Section . 74 ....... BLOCK ..4........ LOT ..9.......... Subdivision ............................... Filed Map No. .........Lot No. ....... is returned herewith and disapproved on the following grounds .............................. The proposed gift shop being located on a lot in an existing non.conforming_singlt,f"ily... dwelling in a B District has insufficient lot area. It is required to have a total lot ••••••.................................... y _..... ...._......................... ....... area of 60,000 sq. ft. The existing lot is approximately 51,400 sq.ft. •••••••••••••••••.................................... Pursuant to Article X. Section 100 .102. ......................................._................••-••.............. ...fit' .................. BI)&D G INSPECTOR RV 1/80 130ARD� UI HEALTH 3 ITS OF .PLANS nn 15 l'/ l5 .. U D FORM NO.1 SURVEY TOWN OF SOUTHOLp CHEGK BUILDING DEPARTMENT SEPTIC FORM ............... TOWN HALL ill BL.DG.OPT ab .".OUTHOLD.N.Y.11971 NOTIFY CALL ••••••••••••••• ... F TEL.: 785-1802 MAIL!? TO:.. i;f (amined ................. 19 ; r pproved .................. 19 ... Permit No........:.. isapproved a/c ....... _ . „ t.! . . ........ .............. ................... . (Building Inspector), APPLICA-f ION FOR BUILDING PERMIT Date .August •27• INSTRUCTIONS a. This application must be completely flled in by typewriter or. in ink and submitted to the Building InspectorY with 3 is of plans, accurate plot plan to scale. Fee accordingto schedule. t . b. ;'Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appll- IhOn...: e. 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.: Suer permit fall be kept on the premises available for inspection throughout the work: e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy iall 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 „ uilding Zone Ordinance of the Town of Southold, Suffolk,County, New York, and other applicable Laws, Ordinances or; .egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described.' • 1 lie applicant agrees to comply with all applicable laws, ordinances, building code, hous ode, and regulations, and to Amit authorized inspectors on prernises and in building for necessary inspections (Signature of applicant, or name, if a corKrratron), P.O. Box 434 Pecom c NY 11958 (Mailing address of applicant) ;tate whether applicant is. -owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Owner Jame of owner of premises Andreas WJ oura.S ........................................................I .................. (as on the tax roll or latest deed) f applicant is a corporation, signature of duly authorized officer. .............................................. (Name and title of corporate officer) ALL CONTRACTORS MUST BE SUFFOLK COUNTY LICENSED Builder's License No. Plumber's License No . .......... .... t Electrician's License No; ...:. Other Trade's License No. .................. 1. Location of land on which proposed work will he done . ............. .............. . Gountry,Road.48and Paul's Lane Feconlc. House Number ? Street.:- Hamlet ,c+ t } County Tax Map No. 1000 Section ?4 ....... Block 4 .... Lot A 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.. Non=conformi n� residence , , _ , , _ . , .... , , • , b. Intended use and occupancy eidence and. . .• n t ° ,Ie ! , Vt tip ................. (check which applicable); New Building , Addition .... '.Alteration ":.I . {../ .? parr .............. Removal . Demolition . Other Work Sroh i 4. Estimated Cost ................ ...... Fee ............# "l ` (to be pa c on F iittli 9 Ylb) 5. If dwelling, number of dwelling units ....... Ntimber of dwelling units on eac Ifgarage, number of cars ......................................... .............. ............ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ........... . :....:..:. 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ............... ...:.. ............................... . Dimensions -of same structure with alterations or additions: Front ................. Rear .................. . Depth .......... . , . .. Height ...................... Number of Stories . ......... Dimensions of entire new construction: Front :........ r..... Rear .... Depth ................ Height ............... Number of Stories ....... ...... ......... . 9.'. Size of lot: Front ..M,66 .ft........... Rear . .11,2_$4 .ft; .......... Depth .469 ;3.E .ft........... . 10. Date of Purchase ............... ..'.. + Name of Former Owner I .......... I ........ 11. Zone or use district in which premises are situated genera 1 business; ,zo �es (2 uses .................... 12, , Does proposed construction violate any zoning law•,'ordinance or regulation: .... ................... . 13. 'Will Iot be regraded ...•. ....... .... ..... Will a cess fill be removed from premises: Yes No M. Name of Owner of remisesAndreas, Pral,iDuras .. Address'°urty. Fd:. WPPu) t sPhone No.7b5. 9277....... . P Name of Architect ... ` . Address! :......: ane. Phone No ............... . Name of Contractor . Address . ..... . . Phone No. . 15.js_this property' located''within.300 feet�of"a tidal'iaetland?:*Yes ::.No. 1 �f` *If'yes, Southold Town Trustees Permit ma ,b'erre' uired ,<3i , ii G r , �.,PLO'r DIAGKA1vI£i <r : ,7 Nilo iia i , 4 ., t,.yi in buildings, , �? Locate clearlyand distinctl all buildin e ' £ y gs, vrhether,existing or proposed; and. indicate ';A'set-back dimensions from property lines..Give street and block number or description according to deed, and show street names and indicate whether e i interior or corner lot ' tie t 1S"� , °• J� it £ ' 6�e+ attaOhetf tltagr M slrOwing residenti61P Pace Pace and proposed gift sho s tort first floor tf , £itiT STATE OF NEW YORK, COUNTY OF . Suffolk .... S.S Andreas...... Pal iouras .. , , . , being duly sworn, deposes and says that he is the applh (Name of individual signing contract) above named. Owner Heis the .............................................. (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 application; that all statements contained in this application are true to the best of his knowledge and belief, and the work will be performed in the 'mann' s t forth in the application filed therewith. Sworn to before me this .......... . ..... ay of u..... ......... ,19 98. Notary Pubi: A' ' `. County s ht?�� tv'a! GAFY FtAMNER 015EN /.% Notary Petific scagS9800 of wyork Andreas Pal i ouras (Signature of api aAe o in Szssss� Qu fled in Suffolk Cotiifty Coatmisston Ezpv®s Marc}£.30 . n MAR 2 9 Town CWK SWWW . TOWN OF SOOTNOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ......... 1'0 TI IE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1. ) Andreas Paliow ras and Stage„ .of................................32570 CountyRoad 48 We ........ ..... .... ......«»« ................................... Name' of Appellant Paliouras Street arid Number Southold NY » »..... »..»...HEREBY APPEAL TO Nlunfcipality Sloto THE ZONING BOARD OF -APPEALS FROM THE DECISION OF TIME BUILDIPIG 11,1SPECI'011 Orl APPLICATION FOR REKNIT Na. rece .t ......55254 DATED .» .................................. WHEREBY THE BUILp1NG ANSPECTOR_ DENIED TO »Andreas P_a_3_iouras and Stacey Paliouras Nome of Applicant for permit of 32570„Co>iOKy,.Road..4t3.. Southold ..... Ny ... Street and Number Municipality State _ .. ......... (X ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF YHE PROPERTY » 32570, Courcy„rid, 4a Peconic B District . ......... ..... ....... Street /(farm; /' Use District- on Zoning Mop District 1000 Sect#on 74 Blot:0 Lot 9 Andreas Paliouras and Stacey .....P __,... _ ».. :._ » _»»»:......_:.Current_OrinerPa r Mo No. Lot No.. Prior Owner liovras 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Parogroph o►,the zoning Ordinance b ber. Do not gpole the Ordinance.) / Article Sectfott� d z� 3. 'TYPE OF APPEAL Appeal Is made herewith for (please check appropriate box) (g) A VARIANCE ta;the zoning Ordinance or Zoning Mop ( ) A VARIANCE''” to lock of access (State of New York Town Low Chop, 62 Cons, Lows Art.' 16 Sec. 280A Subsection 3 4. PREVIOUS AiPpiALIAPrevious appeal (tits (hos not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for o variance and was made in Appeal No ..................... ........Doted ....... ................,........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection. 3 ( X) A Variance to the Zoning Ordinance ( ) is requested for the reason that Applicant would like to add a gift shop to a portion of their residence on County Road 48. The existing use is a non -conforming residence, which the applicant. would like to change to a residence and gift.shop. The applicant received_a notice of disapproval for stated reason that the square footage required is a total area of 60,000 feet, whereas the existing lot is approximately 51,400 square feet. Farm znt (Continue on other side) The propsed gift shop will not change the nature or character of the surroundig area as this property is located in a B District. i r' REASONS FOR AREA VARIANCE ONLY 6to be completed by applicant): Do not ecial use these standards for ,use variance" or exception." exception." (Also attach sheets if 'necessary, 1, An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: This area is zoned for bussiness. The surrounding ,properties are all commercial in nature. The property to the west of, the propety in question is a Mobile Gas Station, a gravel business is to the east o£ the property, and the LIRR is directly to the rear of the property. The_propsed gift sho will not result-in an undesireable in the neighborhood, as t is area is'already a commercial area, zoned for business. changeg be achieved by, some the leant CANNOT.. b FP benefitsought Y area Thean ar 2.i method, feasible for the applicant to pursue, other than variance BECAUSE: The applicant would like to open a gift shop in a portion of his existing one family dwelling. It is necessary to seek an area variance due to the fact i that it is required to have 60,000 square feet for this non-conforming use and the existing lot is approximately 51,400 square feet. Therefore, the only way to achieve . the benefit sought is to seek an area variance. 3. The amount of relief requested is not'substantial BECAUSE ' The square foot requirement is only short by approximately 6,900 feet.The applicant will provide parking for the proposed gift shop. This area is already zoned for business, and the granting of the area variance will not have an adverse effect on the area. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE The surrounding area is a commercial area, on County Road 48, which is zoned for business. The addition of a gift shop in the applicant's home will not have any adverse impact on the environmental conditions in the neighborhood. This is already a heavily traveled road, and there is a Mobile gas station on the neighboring property. 5. Has the alleged difficulty been self-createcL? ( yes. R) No. This property was approved as a residence prior to zoning, and iei icult of Ettaining approval to add a gift shop to part of the structure is not the,fau o ea ican 6." This is the minimum that is necessary and adequate, and at the same time preserve and protect the character Of the neighborhood and the health, safety and welfare of the community. t STATE OF NEW YORK) q + �/�, "-/ COUNTY OF SUFFOLK)fo/ (A 1 cant,) Agent must attach written consent from owner o✓ 9 Sworn to before me this -1 aday of 19 Notary u.1 .c ' LORRAlNESLOFFER NOtary.PUWic, State of NewYak No:4SEA73 'QuWed in SuHoNcCOMW =t1:Ci form.—r/temp ..COsnm ''Gree Nor. 3.'i89�g __- _ TOWN OF SOUTHOLD PROPERTY RECORD CARD )WNPR STREET "7 VILLAGE DIST. SUB. LOT FORMER OWNERN� E LACR. W TYPE OF BUILDING Qu Fs� S L L Is. oQ SEAS. VL FARM COMM. CB. MISC. Mkt, Value LAND: IMP. TOTAL DATE REMARKS t; 2:3070 p 3 a� 3r]loep -4!o0 5l �z' i Exesdeefi'a'- 9/76 rF a. Aa/x=s'T Pe tf/z9�1'b' /j./a: 1.3,r�'7.. AGE BUILDING CONDITION- ? �T—L.162G'6 p,4� 15 - (rot Y4s 4r, (� NEW NORMAL BELOW ABOVE FARM Acre Value Per i Acre Value _ 'illable 1 _. 'illable 2 illable g ✓oodland wompland FRONTAGE ON WATER — rushland FRONTAGE ON ROAD 1/3 < �/ louse Plot DEPTH _ y . BULKHEAD otal DOCK r u .� �^ ���� ,, . _� r� '� r � W�r��i4 RI �, - t�. � 4WK x z,, a 71 MfL7C��E. �fJAf� 7.,, 5 { f f � Lh 1 i x 1,44] ,• Of % - r SLIGV�YE�7 7-'O� '. 4 r N 'EA.5 PALM ' ' _ ` , c rwr `C fl J 7f� T v 1 Su Q7� c tic f�f rcrx YorerA lata 1 , i � area, Y I9f5 :�9G/4"5 r C3 'Mares �t,10E7i` 77 7t_ No & 08"s+'E3� At6iitr�rj�`ero %fr?Y.�iro7rZFe lnrr /✓r'tS :c va 'sar,ve�� N'ov AT JQ k _ Lf� M .i..en- t r.•.2. � fU. {'f 41 ti A d.Ai SJ'D�rr� �• �. i ,� �.. i�• ;:, " � k � �IGCNSC� �tit7.d� �'.. LC tlr t/L1Cti^6 `� +c x l dGE7 AE"3s' .rEr YEpHIS SUR AS A VI LATIO Of ! �, � 5.,--�-�� 4 .--�._.—.�..�.OiNIS SURYIT t5 A VIOLATION OF ..yvL"SECT70N )2119 OF iNE EEW YOS* STATI � I � ' S &`raga, �' � kf r t s,yF '� 31•G'74, y� '`i..¢ 3� U i r$YLCAitON tAW , ..-.' �' m w `+:- - WPEis Of TfR15 slnnx MAP .ar •EAaw'[(. t J c a -( dt' Y "sk X�� .T u,w S: PSE U,ND. RRVEVOm K"D SEAL OR 1 4a''iWt vy,° f S� is'E' e ¢NOSSM SEAL SHALL NOT RE CONSMGM I [ y j 4 1 L.E. } 'ks. ' xj t y- ,; x `"tri 9 A VALID TRUE COPT. 'j a t a Willi; gg ,: �} ,,�R�f_g''�- + °��y'fiU'"e� .'� y"�y.° '4 13UARAKM RHNCATFD HEREON SHALL RHr A"T 'eft - r s ' M5. r i � x5 + .s i TO"iNE EERSON FOR. WHOM be SN• �y t>i '4 EPARED. AHD ON HIS BEHALF TO SHE 'Q yy jii1F COMPAI,T, GOYERNMEl.TAL A(iNCT i v .S,yk6T7fUTION LISLFD HEREON. At :3'' y '� 3 I 'a. ` 4 +� k �MOvTHE ASSKA'1EFS OF THE LENDING "I � GUARANTEES ARE HOT Tkk N.-. AlwmonAI r Tmrlro.•5 OA fUSsf.� COUNTY OF SUFFOLK,' - ROBERT J GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING November 16, 1999 Town of Southold Zoning Board of Appeals - - -- -- 4. i\ S7'EPHENM '+ I NOV I 91999 I C P 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) Paliouras, Andreas & Stacey* 01.116' *With the understanding that premises will be encumbered by appropriate restrictions, particularly as set forth by the ZBA. GGN:cc G:ICCHORNY\ZONING\ZONING\WORKING\LDSINOVISD4686. NOV LOCATION H LEE DENNISON BLDG - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner MAILING ADDRESS P O BOX 6 1 00 HAUPPAUGE, NYI1 1 788-0099 (5 16) 853-5 190 TELECOPIER (51 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 CccTaa-scion: X Variance from the .Zoning Code, Article X , Section 100-102 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4686 Applicant: Andreas & Stacey Paliouras Location of Affected Land: 32570 CR 48, Peconic, NY County Tax Map Item No.: 1000- 74-4-9 Within 500 feet of: 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 Gift Shop in p/o existing one -family dwelling Copies of Town file and related documents enclosed for your review. Dated: Ir llrllTF APPEALS BOARD MEMBERS (Berard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Morning -D Southold Town Mall 53095 Main Road P.O. Box 1179 Southold, New Fork 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APP EAILS 4144,r� irk 7-C6,& TOWN OF SOUl'HOLD May 20, 1999 SEQRA UNLISTED ACTION DECLARATION Appeal No. 4686 Project Name: Andrea and Stacy Paliouras County Tax Map No. 1000- 74-4-9 Location of Project: 32570 C.R. 48, Pecopic, NY Relief Requested/Jurisdiction Before This Bdard in this Project: Use part of existing dwelling in this B Business Zone District for a Gift Shop with insufficinet lot area This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short} Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur Should the- project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. { X) this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d_ This application does not directly relate to new construction or on-site improvements. ( ) this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes,and elements under -the site plan reviews. The area of jurisdiction by•the 'Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. x APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning By Fax Transmission 734-7712 Gary Flanner Olsen, Esq. P.O. Box 706 Main Road Cutchogue, NY 11935 November 4, 1999 Re: V riance Appl. No. 4686 - Paliouras (Area Variance/Gift Shop) Dear n: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Enclosed please find a copy of the Board's November 3, 1999 determination in the above matter. Please be sure to obtain action by the Planning Board and any other agency having jurisdiction before establishing the gift shop use. Copies of this written determination have been transmitted to the Building Department and Planning Board offices for their update and permanent record-keeping. Enclosure Copy of Decision to: Building Department Planning Board Office Decision filed 11/4 Very truly yours, C ��L rjx E P. GOEHRINGE CHAIRMAN GARY FLANNER OLSEN COUNSELLOR AT LAW P \117 OCT 2 BW99 RO BOX 706 a MAIN ROAD Y CUTCHOGUE, LONG ISLAND, NEW YORK 11935 ■ PHONE 51 -734-7666 FAX 516-734-7712 Cf�t�PN October 22, 1999 Re: Andreas and Stacey to Paliouras 1000-74-4-9 Our File# 6551 Dear Linda: I understand that the Southold Town Board has kept the northerly portion of the property is in a B zone for approximately 90 feet deep. The rest of the property has been rezoned as LB. Please take this up with the Board and advise me if there is anything further that you need. Very truly GFO/tab Southold Town Zoning Board Main Road - Town Hall Southold, NY 11971 i� Olsen, Esq. mmm� KITCHEN Peconic 1 A & 1 B Proposed Zoning Changes-------, B to RO B to LB — J Scale: 1 inch = 180 feet A'�ij�, P/O 074-4-9 P/0 07 X 01 aconic 1 Intersecti®n ®f Middle Ro Pec®nic G ecommendati®nse Rezone existing residence and vacant parcels t® R®; change B to LB. Long Environmental for Proposed Change of Zone on Town Board's Own Motion CR 48 & Private Road Peconic Project Sponsor: Town Board of the Town of Southold Southold Town Hall 53095 Main Road, Southold, New York 11971 Contact Person: Elizabeth A. Neville, Town Clerk Southold Town Hall 53095 Main Road, Southold, New York 11971 (516) 765-1801 Project Description: The action is the proposed rezoning of approximately 1.36 acres of land in the Town of Southold. The existing zoning is B and the proposed zoning is RO. The action has frontage along CR 48 & Private Road, in the hamlet of Peconic. Specific Suffolk County Tax Map Numbers (SCTM#) can be found on the next page of this EAF. The action is a change of zone on the Town Board's own motion based on the County Route 48 Land Use Study, the Generic Environmental Impact Statement and the Findings related to that study. Peconic 1 A - EAF j Property Owners: SCTM#, Owner's name and address. 074-4-10 Chester Misloski & Others, P.O. Box 237, Peconic, NY, 1.1958 P/O 074-4-9 Andreas & Stacy Paliovras, Rt. 48, P.O. Box 434, Peconic, NY, 11958 P/O 0744-5 John Krupski & Bros. Inc., Oregon Road, Cutchogue, NY, 11935 i A. Site Description Physical setting of overall project, both developed and undeveloped areas. l . Present land use: F]Urban F-1 industrial FICommercial Xa Residential (suburban) F7Forest a Agriculture F]Rural (non-farm) Fx—] Other outside storage/display of sheds - I 2. Total acreage of project area: 1.36 acres I - APPROXIMATE ACREAGE: PRESENTLY AFTER COMPLETION Meadow or Brushland (Non -Agricultural) Forested Agricultural (Includes orchards, cropland.. pasture. etc.) 0.33 acres 0.33 acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Landscaping and/or Residential 0.63 acres 0.63 acres Roads, buildings and other paved surfaces/Urban Other (indicate type) outside storage/display of sheds 0.4 acres 0.4 acres 3. What is predominant soil type(s) on project site? Haven Loam !10-3% slopes a. Soil drainage: 100.00% Well Drained 4. Are there bedrock outcroppings on project site? NO a. What is depth to bedrock? NA 5. Approximate percentage of proposed project with slopes: X 0-10% 100.00 % 10-15% % 15% or greater % 6. Is project substantially contiguous to, or contain a building, site or district; listed on the State or the National Registers of Historic Places? NO However the action contains or is contiguous to the following structure as identified in the Town of Southold/SPLIA documents on file in the Town: Mrs. J.H. Smith House, 074-4-10 (PE 27) 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? NO 8. What is the depth of the water table? 25' Source? SCDHS 1998 Groundwater Maps and USGS Quadangle sheets 9. Is site located over a primary, principal, or sole source aquifer? i YES 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? NO i 2 Peconic 1 A - EAF it. Does project site contain any species of plant or animal that is identified as threatened or endangered? NO According to: Cramer Consulting Group and Town of Southold Planning Staff. Identify each species: 12. Are there any unique natural land forms on the project site? (i.e. cliffs, dunes, other geological -formations) NO Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? NO If yes, explain: 14. Does the present site include scenic views know to be important to the community? NO However general character of the area has been identified as scenic. 15. Streams within or contiguous to project area: NO a: Name of Stream and name of River to which it is tributary: 16. Lakes, ponds, wetland areas within or contiguous to project area: NO a. Name: b. Size (in acres) 17. Is the site served by existing public utilities? YES a) If Yes, does sufficient capacity exist to allow connection? YES b) If Yes, will improvements be necessary to allow connection? NO 18 Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25 -AA, Section NO 303 and 304? 19 is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? NO 20. Has the site ever been used for the disposal of solid or hazardous wastes? NO B. t. Project Description: Physical dimensions and scale of project Note: As the proposed action is for a change of zone on the Town of Southold Town Board's own motion there is no physical alteration of any property. Therefore these questions are not applicable in this section. More relevant information can be found in Section C of this EAF. Also please refer to the Generic Environmental Impact Statement and Findings Statement for the County Route 48 Corridor Land Use Study prepared by the Town of Southold). a. Total contiguous acreage owned or controlled by project sponsor: NA b. Project acreage to be developed; initially: NA Ultimately: NA C. Project acreage to remain undeveloped: NA d. Length of project, in miles (if appropriate):, NA C. If the project is an expansion, indicate percent of expansion proposed: ` 'NA f. Number of off-street parking spaces; Existing: NA Proposed: 'NA g. Maximum vehicular trips generated per hour (upon completion of project)? NA 3 Peconic I - EAF h. If residential: Number and type of housing units: NA One Family Two 1 i. j• Family Condominium Initially Ultimately Dimensions (in feet) of largest proposed structure? Height: Width: _ Linear feet of frontage along a public thoroughfare project will occupy is? 8649 Length: 2. How much natural material (i.e., rock, earth, etc.) will he removed from the site? NA 3. Will disturbed areas be reclaimed? NA a. If yes, for what intended purpose is the site being reclaimed? NA b. Will topsoil be stockpiled for reclamation? NA C. Will upper subs oil be stockpiled for reclamation? NA 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? NA 5. Will any mature forest (over 100 years old) or other locally important vegetation be removed by this project? NA 6. If single phase. project; Anticipated period of construction in months, (including demolition). NA 7. If multi -phased; a. Total number of phases anticipated (number): NA b. Anticipated date of commencement phase, (including demolition). Month: Year: C. Approximate completion date of final phase Month: Year: Yes: No: d Is phase 1 functionally dependent on subsequent phases? g, Will blasting occur during construction? NO 9. Number of lobs generated; during construction: NA ; After project is complete: NA 10. Number of jobs eliminated by this project NA 11. Will project require relocation of any projects or facilities? NO 12. Is surface liquid waste disposal involved? NO a. If yes, indicate type of waste (sewage, industrial, etc.) and amount: b. Name of water body into which effluent will be discharged: 13. Is subsurface liquid waste disposal involved? NO a. If yes, indicate type of waste (sewage, industrial, etc.) and amount: b. If yes, indicate method of disposal: 14. Will surface area of an existing water body increase or decrease by proposal? NO Explain: 15. Is project or any portion of project located in a 100 year flood plain? NO 16. Will the project generate solid waste? NO a. If yes, what is the amount per month (in tons): b. If yes. will an existing solid waste facility be used? C. If yes, give name: 4 Peconic I - EAF d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? NO e. If Yes, explain: 17. Will the project involve the disposal of solid waste? NO a. If yes, what is the anticipated rate of disposal (tons/month)? b. If yes, what is the anticipated site life? 18. Will project use herbicides or pesticides? NO 19. Will project routinely produce odors (more than one hour per day)? NO 20. Will project produce operating noise exceeding the local ambient noise NO 21. Will project result in an increase in energy use NO If yes , indicate type(s): 22. If water supply is from wells, indicate pumping capacity (gallons/minute ): NA 23. Total anticipated water usage per day (gallons/day): 24. Does project involve Local, State or Federal funding? NO Yes, explain: 25. Approvals Required.' Submittal City, Town, Village Board Yes I X I No City, Town, Village Planning Board Yes City, Town Zoning Board Yes City, County Health Department Yes Other Local Agencies Yes Other Regional Agencies Yes State Agencies Yes Federal Agencies Yes zoning amendment zoning variance site plan new/revision of master plan No No No No No No No special use permit management plan subdivision H other 2. What is the zoning classification(s) of the site? B C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? If Yes, indicate decision required? X zoning amendment zoning variance site plan new/revision of master plan Hresource special use permit management plan subdivision H other 2. What is the zoning classification(s) of the site? B YES 5 Peconic 1 A - EAF 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 17772 square feet of commercial buildings. Estimate does not figure roads, drainage, parking, etc. Computation is based on a straight arithmetic computation based on percent of lot coverage as allowed in the code. Actual yield under a detailed site plan may be less. Estimate represents maximum potential yield. 4. What is the proposed zoning of the site? RO 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning'? 11849 square feet of office/light commercial buildings. Estimate does not figure roads, drainage, parking, etc. Computation is based on a straight arithmetic computation based on percent of lot coverage as allowed in the code. Actual yield under a detailed site plan may be less. Estimate represents maximum potential yield. 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? YES i 7. What are the predominant land use(s) and zoning classifications within a 114 mile radius of proposed action? Land uses include: agricultural, single-family residence, commercial, industrial. Zoning includes AC R80 R40 LBB LI HB. 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? YES 9. If the proposed action is the subdivision of land, how many lots are proposed? NA a. What is the minimum lot size proposed? i 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? NO 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? I NO a. If yes, is existing capacity sufficient to handle projected demand? NA 12. Will the proposed action result in the generation of traffic significantly above present levels? NO a. If yes, is the existing road network adequate to handle the additional traffic? D. Informational Details Please refer to the Generic Environmental Impact Statement and Findings Statement for the County Route 48 Corridor Land Use Study prepared by the Town of Southold). E. Verification i I certify that the information provided above is true to the best of my knowledge. Name of Preparer: Cramer Consulting Group Date: Signature: I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name: Signature, Peconic 1 A - EAF Title: Consultants to the Town Board Date: Title: 0 coo Z Town of Southold Long Environmental Assessment Form for Peconic 1B Proposed Change of Zone on Town Board's Own Motion Private Road Peconic, Project Sponsor: Town Board of the Town of Southold Southold Town Hall 53095 Main Road, Southold, New York 11971 Contact Person: Elizabeth A. Neville, Town Clerk Southold Town Hall 53095 Main Road, Southold, New York 11971 (516) 765-1801 Project Description: The action is the proposed rezoning of approximately 3.18 acres of land in the Town of Southold. The existing zoning is B and the proposed zoning is LB. The action has frontage along Private Road, in the hamlet of Peconic. Specific Suffolk County Tax Map Numbers (SCTM#) can be found on the next page of this EAF. The action is a change of zone on the Town Board's own motion based on the County Route 48 Land Use Study, the Generic Environmental Impact Statement and the Findings related to that study. Peconic 1 B - EAF Property Owners: SCTM#, Owner's name and address. P/O 0744-5 John Krupski & Bros. Inc., Oregon Road, Cutchogue, NY, 11935 P/O 0744-9 Andreas & Stacy Paliovras, Rt. 48, P.O. Box 434, Peconic, NY, 11958 A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: a Urban F-1IndustrialX❑ Commercial Residential (suburban) F Forest Agriculture F-1 Rural (non-farm) [7X Other outside storage/display of sheds 2. Total acreage of project area: 3.18 acres APPROXIMATE ACREAGE: PRESENTLY AFTER COMPLETION Meadow or Brushland (Non -Agricultural) Forested Agricultural (Includes orchards, cropla nd.. pasture. etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Landscaping and/or Residential Roads, buildings and other paved surfaces/Urban Other (indicate type) outside storage/display of sheds 3. What is predominant soil type(s) on project site? Haven Loam, [0-3% slopes] a. Soil drainage: 100.00% Well Drained 4. Are there bedrock outcroppings on project site? i NO a. What is depth to bedrock? ! NA 5. Approximate percentage of proposed project with slopes: X 0-100/0 100.00 % 10-15% % 15% or greater % i 6. Is project substantially contiguous to, or -contain a building, site or district; listed on the State or the National Registers of Historic. Places?NO However the action contains or is contiguous to the following structure as identified in the Town of Southold/SPLIA documents on file in the Town: Mrs. J.H. Smith House, 0744-10 (PE 27) 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? NO 8. What is the depth of the water table? 25' Source? i SCDHS 1998 Groundwater Maps and USGS Quadangle sheets 9. Is site located over a primary, principal, or sole source aquifer? YES l 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? NO 2 Peconic I B - EAF 11. Does project site contain any species of plant or animal that is identified as threatened or endangered? NO According to: Cramer Consulting Group and Town of Southold Planning Staff. Identify each species: 12. Are there any unique natural land forms on the project site? (i.e. cliffs,•dunes, other, geological formations) NO Describe: 13. Is the project,site presently used by the community, or neighborhood as an open space or recreation area? NO If yes, explain: 14. Does the present site include scenic views know to be important to theycommunity? NO However general character of the area has been identified as scenic. 15. Streams within or contiguous to project area: NO a. Name of Stream and name of River to which it is tributary: 16. Lakes, ponds, wetland areas within or contiguous to project area: NO a. Name: b. Size (In acres) 17. Is the site served by existing public utilities? YES a) If Yes, does sufficient capacity exist to allow connection? YES b) If Yes, will improvements be necessary to allow connection? NO 18 Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25 -AA, Section NO 303 and 304? 19 Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? NO 20. Has the site ever been used for the disposal of solid or hazardous wastes? NO B. Project Description: 1. Physical dimensions and scale of project Note: As the proposed action is for a change of zone on the Town of Southold Town Board's own motion there is no physical alteration of any property. Therefore these questions are not applicable in this section; More relevant information can be found in Section C of this EAF. Also please refer to the Generic Environmental Impact Statement and Findings Statement for the County Route 48 Corridor Land Use Study prepared by the Town of Southold). a. Total contiguous acreage owned or controlled by project sponsor: NA b. Project acreage to be developed; initially: NA Ultimately: NA C. Project acreage to remain undeveloped: NA d. - Length of project, in miles (if appropriate): NA e. if the project is an expansion; indicate percent of expansion proposed: NA - f. Number of off-street parking spaces; Existing: NA Proposed: NA g. Maximum vehicular trips generated per hour (upon completion of project)? NA 3 Peconic 1 B - EAF h. If residential: Number and type of housing units: NA One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure? Height: Width: Length: j. Linear feet of frontage along a public thoroughfare project will occupy is? 337, 2. How much natural material (i.e., rock, earth, etc.) will he removed from the site? NA 3. Will disturbed areas be reclaimed? NA a. If yes, for what intended purpose is the site being reclaimed? NA b. Will topsoil be stockpiled for reclamation? NA C. Will upper subs oil be stockpiled for reclamation? NA 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? NA 5. Will any mature forest (over 100 years old) or other locally important vegetation be removed by this project? NA 6. If single phase project; Anticipated period of construction in months, (including demolition). NA 7. If multi -phased; a. Total number of phases anticipated (number): NA b. Anticipated date of commencement phase, (including demolition). Month: Year: C. Approximate completion date of final phase Month: Year: Yes: No. d Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction? NO 9. Number of lobs generated; during construction: NA ; After project is complete: NA 10. Number of jobs eliminated by this project NA 11. Will project require relocation of any projects or facilities? NO 12. Is surface liquid waste disposal involved? NO a. If yes, indicate type of waste (sewage, industrial, etc.) and amount: b. Name of water body into which effluent will be discharged: 13. Is subsurface liquid waste disposal involved? NO a. If yes, indicate type of waste (sewage, industrial, etc.) and amount: b. If yes, indicate method of disposal: 14. Will surface area of an existing water body increase or decrease by proposal? NO Explain: 15. Is project or any portion of project located in a 100 year flood plain? NO 16. Will the project generate solid waste? NO a. If yes, what is the amount per month (in tons): b. If yes. will an existing solid waste facility be used? C. If yes, give name: 4 Peconic 113 - EAF P d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? NO e. If Yes, explain: 17. Will the project involve the disposal of solid waste? NO a. If yes, what is the anticipated rate of disposal (tons/month)? b. If yes, what is the anticipated site life? 18. Will project use herbicides or pesticides? NO 19. Will project routinely produce odors (more than one hour per day)? NO 20. Will project produce operating noise exceeding the local ambient noise NO 21. Will project result in an increase in energy use NO If yes , indicate type(s): 22. If water supply is from wells, indicate pumping capacity (gallons/minute): NA 23. Total anticipated water usage per day (gallons/day): 24. Does project involve Local, State or Federal funding? NO Yes, explain: 25. Approvals Required.' Submittal City, Town, Village Board Yes I X I No City, Town, Village Planning Board Yes No City, Town Zoning Board Yes -No City, County Health Department Yes No Other Local Agencies Yes No Other Regional Agencies Yes No State Agencies Yes No Federal Agencies Yes No C. Zoning and Planning Information l . Does proposed action involve a planning or zoning decision? If Yes, indicate decision required? X zoning amendmentzoning variance site plan H new/revision of master plan H special use permit resource management plan subdivision H other 2. What is the zoning classification(s) of the site? B YES 5 Peconic 1 B - EAF 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 41556 square feet of commercial buildings. Estimate does not figure roads, drainage, parking, etc. Computation is based on a straight arithmetic computation based on percent of lot coverage as allowed in the code. Actual yield under a detailed site plan may be less. Estimate represents maximum potential yield. 4. What is the proposed zoning of the site? LB 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 27704 square feet of commercial buildings. Estimate does not figure roads, drainage, parking, etc. Computation is based on a straight arithmetic computation based on percent of lot coverage as allowed in the code. Actual yield under a detailed site plan may be less. Estimate represents maximum potential yield. 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? YES 7. What are the predominant land use(s) and zoning classifications within a 1/4 mile radius of proposed action? Land uses include: agricultural, single-family residence, commercial, industrial. Zoning includes AC, RSO, R40, LB, B, Ll, HB. 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? YES 9. If the proposed action is the subdivision of land, how many lots are proposed? NA a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? NO 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? NO a. If yes, is existing capacity sufficient to handle projected demand? NA 12. Will the proposed action result in the generation of traffic significantly above present levels? NO a. If yes, is the existing road network adequate to handle the additional traffic? D. Informational Details Please refer to the Generic Environmental Impact Statement and Findings Statement for the County Route 48 Corridor Land Use Study prepared by the Town of Southold). Eo Verification I certify that the information provided above is true to the best of my knowledge. Name of Preparer: Cramer Consulting Group Date: Signature: I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name: Signature: Title: Consultants to the Town Board Date: Title: 6 Peconic I B - EAF l iw YORK STATE DEPARTMENT OF STATE WIAhrig 41 STATE STREET, ALBANY, NY 12231 Local La (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being italics or underlining to indicate new matter. �o�6iiLt?(r , Townof ---------- YIER Wo -=------------Southold----------------------- Local Law No. ---------------5 ------ ------- of the yea A local law -in Relation to a__Ninety_ Day Extension_ of_ the__Tema porry__ Moratorium ----------------- on_ the_ Issuance_ of_Approv_als__and/or_Permits_ for__Business_ Zoned___- Property-__Al2ng_the_R_oute__48__Corridor-in--the--Town--of -Southold ------- ---- Town__Board----------------------------------------- of the Be it enacted by the ----- - MW g-------------------------- ----------Southold ------------------------------------ =--- as follows: Town Section 1. PURPOSE The Town Board of the Town of Southold adopted Local Law No. 15- 1998 establishing a nine (9) month temporary moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property Along The Route 48 Corridor in the Town of Southold from the Riverhead/Southold Town line on county Route 48 extending east to the intersection of Route 48 and Route 25. Local Law No. 15-1998 became effective on September 8, 1998 and expires on June 9, 1999. In addition, the Town Board of the Town of Southold adopted Local Law No. 18-1998 establishing a nine (9) month temporary moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property Along the area from the intersection of Route 48 and Route 25 extending east to the intersection of Route 25 and Manhanset Avenue in Greenport. Local Law No. 18-1998 became effective on October 22, 1998 and is set to expire on July 22, 1999. The moratorium was designed to allow time to review the existing business and industrial zoning and implement land use controls to protect the character of the Route 48 Corridor specifically and the Town of Southold in general. ,After the enactment of the temporary moratorium the Town Board retained the services of Cramer Consulting Group ("CCG") which specializes in "Complete Land Use Services- Including Planning, Design and Environmental" for consulting services to make recommendations as to any necessary and appropriate changes to the future land; use patterns along Route 48. CCG was (If additional space is needed, attach pages the same size as this sheet, and number each.) (1) nos 239 (Rev. 2AS) retained to undertaN detailed investigation of the -cc ercial and industrial zoning along the Route 48 corridor. The goal of ithb investigations was to establish a set of land use recommendations to protect and preserve the integrity of the Route 48 character while maintaining the economic viability of the entire region. Such recommendations are to be based on detailed analysis and documentation. The scope of services to be provided by CCG include a review of existing plans and studies for relevance to the Route 48 Corridor; conducting a detailed inventory through the use of existing maps, aerial photography and field visits. The inventory will include, but not be Iimited to, physical setting, existing land use on and/or surrounding the site, potential land uses, habitats, cultural resources, views and vistas, zoning, as appropriate; and the preparation of an Implementation Plan that summarizes the previous plan and provides general recommendations for geographic areas along the Route 48 corridor. The implementation plan will include such information as existing settings, potential impacts and alternatives. In addition to the; implementation plan CCG will provide a series of site specific recommendations developed and based on the implementation plan. These site specific recommendations will include appropriate maps, property owner information, mailings and other relevant information so that the Town Board may set public hearings and consider site= specific recommendations. CCG's work includes a review of the Town Code of the Town of Southold including suggested revisions' necessary to achieve the goals of the implementation plan including outlines of new draft codes for the Town Board's consideration. CCG's job also includes SEQR compliance with respect to both the Implementation Plan and the Site Specific recommendations. CCG submitted the proposed Implementation Plan ("Route 48 Study") to the Town Board on April 20, 1999. The Town Board classified the Route 48 Study as a Type I action pursuant to SEQR and declared itself a "Lead Agency". CCG prepared a Draft Generic Environmental Impact Study (("DGEIS") which was accepted by the Town Board. A SEQR public hearing on the DGEIS was held on May 6, 1999 and the written comment period ended on -May 20, 1999. The comments received at the public hearing and the written comments are currently being reviewed by CCG. The reason an extension of the Route 48 moratorium is necessary is that while, as set forth above, extensive work and planning has already taken place, additional time is needed to complete the SEQR process as to the Route 48 Study. Further, after the SEQR process is complete and the Route 48 Study, with any revisions stemming from either general public input or from the SEQR process, is adopted by the Town Board, CCG will -be submitting site specific recommendations developed and based on the Route 48 study as well as proposing changes to the Town Code of the Town of Southold. The Town Board will need both time to consider any site specific recommendations and/or Town Code revisions and time to act on those recommendations it considers appropriate. Due to the economic and development pressures in the Town of Southold and specifically along the Route 48 Corridor the goals and purposes of the temporary moratorium as set forth in the Local Law # 15-1998 and Local Law # 1 &1998 will be jeopardized if the temporary moratorium is not extended. la f Section 2. ENACT 4T OF TEMPORARY MORATOF" "A Until ninety kz J) days from the effective date this Local Law, after which this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during said ninety (90) day period, no agency, board, board officer or employee of the Town of Southold including, but not limited to, the Town Board, the Zoning Board of Appeals, the Trustees, the Planning Board, or the Building Inspector(s) issuing any building permit pursuant to any provision of the Southold Town Code, shall issue, cause to be issued or allow to be issued any approval, special exception, variance, site plan, building permit, subdivision, or permit for any of the following property uses listed in the following sections of the Town Code within the following zoning districts which are located in the Route 48 corridor: 100-61(B) and (C) governing the Resort Residential District; 100-71(B) and (C) governing the Residential Office District; 100-81(A)(2), (3) and (B) and (C) governing the Limited Business District; 100-101(A)(1) through (11) and (B) and (C) governing the General Business District; 100-130(A)(3) through (16) and (B) and (C) governing the Light Industrial Park/Planned Office Park District and 100-141 (A) (3) -(15) and (B) and (C) governing the Light Industrial District. Section 3. DEFINITION OF "ROUTE 48 CORRIDOR" The "Route 48 Corridor" is hereby defined and identified as follows: from a point beginning at the Riverhead/Southold Town Line on Sound Avenue East along Sound Avenue continuing East along County Route 48 to a point ending at the intersection of Route 48 and Route 25. The "Route 48 Corridor" shall extend one thousand feet (1000') north and one thousand feet (1000') south respectively from the north road edge and the south edge of Sound Avenue and County Road 48. Section 4. EXCLUSIONS This Local Law shall not apply to: 1) any person or entity who has, prior to the effective date of this Local s Law, obtained all permits required for construction of a building on any property located in the Route 48 corridor including later applications to repair or alter, but not enlarge, any such building otherwise prohibited during the period of this temporary moratorium; and 2) parcel(s) of land currently improved with a building or buildings so long as the application is not: a) seeking, in whole or part, a change in the use of the land, premises or buildings; and b) and so long as the application does not require any applications to, or approvals, special exceptions, variances from, the Zoning Board of Appeals of the Town of Southold. Section 5. AUTHORITY TO SUPERSEDE To the extent and degree any provisions of this Local Law are construed as inconsistent with the provisions of Town Law sections 264, 265, 265-a, 267, 267-a, 267-b, 274-a, 274-b, and 276 this Local Law is intended pursuant to Municipal Home Rule Law Sections 10(1)(ii)(d)(3) and section 22 to supersede any said inconsistent authority. ?b Section 6. VARIANCE TO THIS MORATORIUM Any person or entity suffering unnecessary hardship as that term is used and construed in Town Law section 267-b(2)(b) by reason of the enactment and continuance of this moratorium may apply to the Zoning Board of Appeals for a variance excepting the person's or entity's premises or a portion thereof from the temporary moratorium and allowing issuance of a permit all in accordance with the provisions of the Southold Town Code applicable to such use or construction. Section 7. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not impair or invalidate the remainder of this Local Law. Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State and shall expire and be deemed repealed ninety (90) days from the date of filing. >.Ir 1c a a BOARD OF APPS -AIS Soutliofd-�o7vn YYalf 53c�95 Main Road Soutfiolg -NY -1,1g,71 765-18og ZBA tel. 765-9064 ZDA to Cefax. INTER -DEPARTMENTAL MEMORANDUM TO: { X } Planning Board { } Building Department { } Town Trustees FROM: Board of Appeals DATE: May 11, 1999 SUBJECT: Request for Preliminary Review - Site Plan Provisions We have joint applications pending which involve site plan review compliance and attach a copy of the Legal Notice describing the request pending with the ZBA. The public hearing has been advertised for Thursday, May 20, 1999, at which time all comments must be received. Your review comments are requested for the following files (as early as may be possible). Also, if any of the following properties have prior PB action, please let us know. Thank you. Geraldine Ferend - Request for Lot Waiver. 1000-111-14-1 & 2. Vincent Torre - Request for Art Studio Gallery Sales in Barn. 1000-120-3-1. t,,�Andrea and Stacey Paliouras. Request for gift shop in conjunc- tion with residential use. 1000-74-4-9. Priscilla Steele - Request for Lot Waiver. 1000-114-6-5 and 3. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD August 11, 1998 � Gym o ME PLANNING BOARD OFFICE TOWN OF SOUTHOLD Andreas Paliouras County Route 48 & Pauls Lane PO Box 434 .Peconic, NY 11958 RE: Request to open gift shop in family room SCTM# 1000-74-4-9 Dear Mr. Paliouras, Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 This letter is in response to your request to open a gift shop in the family room of your residence. Your property is located in the General Business Zone which requires 30, 000 square feet per use. You have one use now, on your 1.196 acre property, which is your residence, thus you do not have the required area for two uses. This is a non -conforming use, as a residence is not a' -permitted use in the General Business Zone. However the use is allowed to continue as a non -conforming use. In summary the gift shop is not permitted. If you have any questions, or require more information, please contact this office. inc &tKas/nzer ee Site Plan Reviewer cc: Edward Forrester, Director of Code Enforcement EILHZAB ETH -1 A. MEVHLL E TOWN CLERK K REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OIFIFH CIE 01F THE TOWN CLERK TOWN OF SOUTHO]L1=D TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: March 29, 1999 Town Hall, 53095 Main Road F.O. BOX 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 RE: Zoning Appeal No. 4686 - Andreas & Stacey Paliouras Transmitted herewith is Zoning—Board Of Appeals Application 4686 - Andreas & Stacey Paliouras Also included are Notice Of Disapproval, Applicant Transactional Disclosure Fort, Z. B.A. Questionnaire, copy of deed, copy of Property—Record Card, copy of Survey, Application For Building Permit, copy of plans and letter from Southold Town Planning Board dated August 11, 1998. GARY FLANNER OLSEN ATTORNEY AT LAW ASSOCIATE: DAVID WORTHINGTON OLSEN ATTORNEY AT LAW P.O. BOX 706 MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 P SJdiZ34-76666% 701 it in) 1999 March 15, 1999 Re: Paliouras Use Variance s C6-, Dear Linda: I am enclosing herewith the following in re the above matter: 1) Appeal From Decision of Building Inspector 2) Filing Fee of $400.00 3) Z.B.A. Questionnaire 4) Transactional Disclosure Form 5) Copy of Notice of Disapproval G) Copy of Application for Building Permit 7) Six Copies of Survey 8) Pre C.O. # Z-15170 9) Deeds Please contact my office if you have any questions or need anything further in connection with this matter. Very truly yours, /G�Y FLANNER OLSEN Zoning Board of Appeals Attention: Linda Town of Southold Main Road Southold, NY 11971 APPLICANT TRANSACTIONAL DISCLOSURE '_-__`'H YOUR NAME: Andreas Paliouras (Last name, •first name, middle initial, unless you are applying in the name of someone else or other entity, such as a -company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance X Change of zone Approval of plat Exemption from plat or official map Other (If "Other," name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES,"'complete the balance of this 'form and date'and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant - is a corporation); - H) the legal or beneficial -owner of any interest in a noncorporate entity (when the applicant is not a C) an officer, director, partner, or employee of the applicant; or D) the actual applicant._ - DESCRIPTION OF RELATIONSHIP Submitted t7,CZ da� of 199_ Signature gg Print name; GOaG��nS p,ditGi f'ai� . G -rps QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any individuals (and entities) having a financial interest subject premises and a description of their interests: (Separate sheet may be attached.) Andreas Paliouras and Stacey Paliouras other in the B. Is the subject premises listed on the real estate market for - •sale or being shown to prospective buyers? { ) Yes ( X) No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { ) Yes {X ) No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? No 3. Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas,. nave you contacted the Office of the Town Trustees for its determination of jurisdiction? No E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submit-img? None If none exist, please state "none . " G. Do you have any construction taking place at this time concerning your premises?. No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do your or any co-owner also own other land close to this parcel- o If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel. residential and proposed use residential / gi f t shop z7v 3/4/99 Authorized Signature and Date 3/87, 10/901k ta�nd:�d N. Y.b. 1, U FOIM I001 B.Apin and Sale Deed. •tnh Covcnuu +Snnu G,entot'i Act—Indivedusl or Corponnon (S11111t $lue) CONSULT YOU LAWYER BEFI iIGNING THIS IN$T5lUnt1[NT—THIS INSTRUM, 'SHOULD -Of USED SIC LAWYERS ONLY. I . IIS i r n 1`11 SPO 1631 THIS INDENTURE, made the 16th day of December , ninetee,t hundred and eighty-two BETWEEN - HAROLD HUGH PAUL residing at Cordwainer Lane,- Lloyds Neck, N.Y. party of the first part, and ANDREAS PALIOURAS, residing at' 552 Stewart Avenue, Bethpage, N.Y.11714 party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs 1 or successors and assigns of the party of the second Fart forever, WLthat certain plot, Piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being itx at Peeonic , in the Town of Southold, County of Suffolk, gan Stave of New York, bounded and described as.follows: INNING at a point on the'southeasterly line of the North Road (ddle Road or C.R. 45) -as widened; about:' 975 feet soutthwestet;ly alonl *said line from the southwesterly;line'of Peconic Lane, being ipt"tersect: ,of said southeasterly line with the •northeastetly line of a ct±rtain ,private road; and running thence a16n� said southeasterly 1ine,of the North Road North -52 degrees 48' 50" east 112.66 feet to land now or ;formerly of Case;thence along said land of Case and along land:now or formerly of R. Chilton south 38 degrees 21' 50"i east 464.82 feet to 'land of the Long Island Rail Road;thence along;the'last mentioned land. south 55 degrees 05' 20" west 112,84 feet to the northeasterly line of the aforesaid Private Road; and thence along the northeasterly line of said Private Road North 38 debrees 21' 50" west 460.36 feet to the point or place of beginning. Grantor herein is the same person as grantee in deed dated March 24,1.9(' and recorded May,3,1982 in Liber. 9176 cp 470. Said premises known,as 32570 County Road No. 27, Feconic, N.Y.11958. TOGETHER with ell right, title and interest, if any, of the party of the first part in and to any streots and roads abutting the above described premises to the center lines ihereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAV?. AND TO HQLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the'second part forever. AN:D the party sof the first Bart coveiiants that the party 'of the first part 1ut!t'not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of,the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will recei a the consideration for this conveyance and will hold the right to receive such consid- eration as a try$t ftt04.tQ LK 4pplied first -for the'purpose of paying the cost of the improvement and will apply the same first fo tkle;pfY1hent of the cost of the improvement before using any part of the total of the same for any other..purposc;' 4, )_ The word "'party"lshall.1,e.consirued as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written, IN PRESENCE OF: 1 I1 P'/ t IBEi.03 01 P, GE 4() S7A1E OF NEW YORK. COUNTY OF NASSAU-ssi I {PATE 4i NEW YdgK, iCgUiaT'( OF set On the 1§t,hday of'Dedember 19 82, before me On,the day of :. 19 heiore' me perspnally came HAROLD HUGH PAUL—personally came ' to me known to be the individual described In and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that . executed th' foregoing instrument, and acknowledged that he executed the same, exe Wed the same. JOSEPH Y. SCHMM NOTARY PUBI.IG, Strir of Nair Yak Pia 3U741021 Qtull%i In Nmw County Term Expires Much 30,1 STATE OF NEW YORK, COUNTY OF sst I STATIE OF On the day of 19 , before me On the personally came personally to me knbwnI who, being by me duly sworn, did depose and the subscr say that he resides at No: whoin I a that he is the ; I sworn, did of chat he the corporation described ` in and which executed I foregoing instrument ; that lie knows the seal of said corporation; that the seal affixed described to said instrument is such corporate seal; that it was- so that he, affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. I at the sam b 31-`•x' REAL ES7p; JAN 1 d3 s �TI?�4N S FElk , TAX r '�:. SUFFOLK' I CQUN rY EW YORK, COUNTY OI' sat day of 19 , before me ame ding witness to the foregoing instrurhcritj with personally acquainted, who, being 1 y, me duly depose and say that he resides at. Pio.! now's '. to be the individual and who, executed the foregoing instrument; said subscribing witness, was present and saw execute the same; and that he, said witness, time subscribed h name as witness thereto. DI T. 1000 Vargain attd *alp 19rrd SECT ON 074.00 WITH COVENANT AGAINST CRAN'rows AcisC BL Y04,00 TITLE: No. - l of�5 ✓ 5�—Q �-CC/t c//,�� LOT 009 .,000 U COUNTY .0 rove , Suf HAROLD HUGH PAUL T COUNTY of So uL-ho 1 d TO ANDREAS PALIOURAS W U LL LL O O LL 0 W ZJ .V O LL W U Q LL LA h Y H oa W Vl of CHICAGO TITLE INSURANCE COMPANY Roprosented by CENTURY !ABSTRACT : CORPORATION; '516'-:2'83'-1225 RETURN BY MAIL TO: V BB D 0 t ♦ Zip No. r j j 1 26�1 �.. THIS INDENTUM.made the /a day of February BEAN ANDREAS PALIOURAS residing at 3257( New York party of the first parts and AODWS PALIa AS and STACY PALL 32570 poute 48 TAX MAP ESIGNATION TOGE1.1-1ER Frith all right, title and interest,' if any, of the pa roads abutting theabove described premises to the center lines t �• 074.00 an� all .the estate. and... F, rs oatit ed unto the party of tof the first pite secoart in �j li LD'the'premises herein'g }1�. f the' second part .{or. �. 04.i00!,f, Eek Party 4, i ever. i 1(1)QQ9; 000' �'� ' I ' i.' that jwheDbll the said prof lemisesthave been encumbered the any way µe it ,AND the party of.the first part, in compliance.with Section 13 ance ''the first part �etll receive the consideration for this ped first for the purpose of payi eration as a trust fund to one of the cost of the improvement be the same first to the pA)' P another purpose. The word "party' shall be construed as if it read "parties" wh y IN NESS WHEREOF, the party of the first pati has duty i written. � IPE pEESENCE OF: 32732 nineteenhundred and eighty-seven . Route 48 and Paul's'Lane, Peconic, Party of the second part, WITNESSETH, that the party of the first part, in consideration rant and rele paid by the party of the second pal td of hereby eond part foreve or successors and assign -s -of .hep Y A,LL that certain plot, piece or parcel of land, with the builditi lying and being in the ALL that certain plot, piece or parcel of la at Peconic, in the Town of Southold, County of� bounded and described as follows: BEGINNING at a point on the southeasterly line or C.R. 45) as widened; about 975.00 feet sout the southwesterly line ith thenortheasterlyeconilinecofaaecertain RUNNING THENCE along said southeasterly line i 481 50" east 112.66 feet to land now or for THENCE along said land of Case east and 464ialofeetong land south 38 degrees 211 50 his wife, both residing at Paul's Lane, Peconict NY ation Ten Dollars andother of the second part, ther unto the partyh . eirs s and improvements thereon erected, situate, situate, lying and being Suffolk and State of New York, of the•North Road (Middle Road westerly along said line from .ntersection of said southeasterly jrivate road; and the North Road North 52 degrees arly of Case; w'or formerly of R. Chilton e land of the Long Island Rail Road, THENCE along the last mentioned land south 55 Idegrees 05' 20" west 112.84 feet to the northeasterly line of the aforesaid Private Roads and te road 'THENCE along the northeasterly line ointsordplace aof BEGINNINGh 3 rees of 21 50" west 460.36 feet to the p'.. . rATE :It. 1000 ¢ 4L 11• MAR 9 1987 TRA r' ,-,.:. S of the first part id'asrd-to stretila and reof ; TOGETHER with the appurtenaxces„ I to said :premises; TO HAVE AivD TO parit, the heirs or successors and as.stps of ;1 '.j i Ij '� • f first part has not done or suffered anything tatever, except as aforesaid. { the Lien Law, covenants that the party of ,-id will hold the right, to receive such consld- gthe cost of the rt of til total of he samrovement and will e for )re using any pa , never•the sense of.this indenture so requires. muted this deed the day and year first above Ira9L eas?aliouras STATE OF NEW YORK. COUNTY O6 -.50 f=i"oC,IC._ s;ss On the /ate day of February 1987 before me Personally came ANDREAS PALIOURAS I to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Nara Pty}clic • MARY DIANA FOSTER NOTARY PUBLIC, Slate of New York N..). 52.4655242, Suffolk County Co.nmission� Expires MI March 30, 19 • STATE OF NEW YORK, COUNTY 0 ' • , sss On the day of i f 19 personilly came i bef:.rr. :ne to me known, whQ, being by me duly sworn, di� depose and say that he res des at No. that 1he is the I of I , the corporation dcribed in and which executed the foregoing instrument; that lie I knows the seal of said corporation ; that the seal affixed ' to said instalment is sue}: corporate seal; that it was so affixed' by order of the board of directors of said corpora. tion, and that he signed h name thereto by like order. o ' a t' Alarlpftt ftltb syale Meeb WITH (,:)VENANT AGAINST' GRANTOVS ACTS LE NO. • PALIOURAS I TO PALIOURAS STANDARD FORM OF NEW YOjK OOARD'OF nri[ UI DIIRWRITIRS Diwibuud by ,nTL,,F GUARANTerz- ttttt�l� N EW YOR K , ATICOR COMPANY STATE OF NEW YORK, COUNTY OF Ss., On the day of 19 before me personally came: to me .known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF.i fss i - On the day cf ' 1' before ,:n•_ .personAlly came (; ; .• ,.. i :the subscribing witness: to the, foregoing .instrument, I��vitl� Whom I am p: rsonally acquainted, ivho, being by ` me duly sworn, did depose and say that he resides at No. that he know;; ' to, be the individual described in and who executed the foregoing instrument; that he,- said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name, as. witness thereto. SECTION BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS Recorded At Request of 'rhe Title Guarantee Company RETURN' BY MAIL TO: RECORD AND RETURN TO: EDSOiv AND BRUER, ESQS. MAIN ROAD, P.O. Box 1466 SOUTHOLD, NEW YORK 'Zip No. 11971 c r, r , STATE OF NEW YORK, COUNTY OF Ss., On the day of 19 before me personally came: to me .known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF.i fss i - On the day cf ' 1' before ,:n•_ .personAlly came (; ; .• ,.. i :the subscribing witness: to the, foregoing .instrument, I��vitl� Whom I am p: rsonally acquainted, ivho, being by ` me duly sworn, did depose and say that he resides at No. that he know;; ' to, be the individual described in and who executed the foregoing instrument; that he,- said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name, as. witness thereto. SECTION BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS Recorded At Request of 'rhe Title Guarantee Company RETURN' BY MAIL TO: RECORD AND RETURN TO: EDSOiv AND BRUER, ESQS. MAIN ROAD, P.O. Box 1466 SOUTHOLD, NEW YORK 'Zip No. 11971 c r, 'r i ✓ W v .'� oar 5 IC'*i x rr, = , -q M. TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the / x( Land / x/ Building(s) F/ Uses) located at 32570 North Road & Paul Street Pre C.O. #- Z-15170 Date- January 6, 1987 'reconic, New York Street Hamlet shown on County tax map as District 1000, Section 074 , Block 04 , Lot 09 , does�'not)conform to the present Building Zone Code of the Town of Southold for the following reasons: Insufficient total area; front yard; On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /-x/ Land /x*Building(s) /Use(s) existed on the effective da.te the present Building Zone Code of the '1 own of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- cate is issued is as follows: 2 story wood framed, one family dwelling -with 2 accessory buildings; all situated in the 'A' Residential Agricultural zone with access to Paul Street - Permit 413887 & C.O. for Accessory Building. DRE�AS PALIOURAS The Certificate is issued to AN (owner, of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CER'T'IFICA'T'E NO. N/A' NOTICE IS HEREBY GIVEN that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor -to determine if the premises comply with all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. .uiiding inspector 'lCe� votes '_1 JEAN W. COCHR.AN SUPERVISOR ` �o�®S�EFOLKC Gyc 0 co Z oy�ol �ao� OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD AGENDA SOUTHOLD TOWN BOARD SPECIAL MEETING OCTOBER 19, 1999 9:00 A.M. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1889 POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment, the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. Call to Order Pledge of Allegiance Next Regular Town Board Meeting October 26, 1999 at 4 30 p m RESOLUTIONS Special Note. At the start of the Town Board Meeting the Supervisor will invite the public to speak on the following resolutions Enact "A Local Law to Amend Chapter 100, -Article VIII, entitled `Limited Business (LB)', of the Zoning Code of the Town of Southold". 2. Enact "A Local Law to Amend the Uses and Conditions on Uses for the Residential Office (RO) District of the Southold Town Zoning Code". 3 Enact "A Local Law to Amend Section 100-243 of the Zoning Code of the Town of Southold by Amending the Definition of Nonconforming Buildings with Nonconforming Uses 4 Set 8:00 p.m. November 9, 1999, Southold Town Hall as the time and place for a public hearing on Increase and Improvements of Facilities of the Southold Solid Waste Management District, in the Town of Southold, in the county of Suffolk, New York, pursuant to Section. 202=b, of the Town Law. Southold Town Board Special Meeting Agenda - October 19, 1999 Page 2 RESOLUTIONS — Cont. 5 — 130. SEQRA Resolutions. Determine that proposed Local Laws amending Zoning Code of the Town of Southold would not significantly adversely impact the environment, per attached listing 131 —256 Enact Local Laws amending Zoning Code of the Town of Southold, per attached listing.* * Properties with "Protest Petition" require five votes to be adopted 52 Harbor Road Riverhead NY 11901 Matt I LBR80 113-12-12 Z_6ST Dom- *nominicPrincipr - .-,-: h I„ Protest Petit 1087 Fort Salo_ nga Road Northport NY 11768 Matt 1 A LB R80 113-12-13 �� ( Richard Principi & Another �— P O Box 495 AmagansettNY 11930 Matt I LB R80 113-14-10 Lc�S7 Randall Feinberg *Protest Petition P O Box 186 Mattituck NY 11952 *Protest, Matt IA I_I3 R80 121-6-1 Philip & Susan Cardinale Petition 785 Peconic Bay Blvd Riverhead NY 11901 Matt 1 A LB R80 P/O 121-5-4 1 1 Michael Adamowicz & Others 195 Marine Street Farmingdale NY 11735 Matt 1 A LB R80 P/O 113-12-14A Michael Caraftis & Wife 204 California Avenue Pt Jefferson NY 11777 Matt 1B LIO R80 P/O 121-5-4 1 4 Michael Adamowicz &. Others 195 Marine Street Farmingdale NY 11735 Matt 1B LIO R90 /� P/O 122-2-23.1A Emanual Tsontos 26 I U Willets Road West Roslyn NY 11576 MaUIB LIO R80 P/O 122-2-24 A, - charlotte Dickerson 460 Paddock Way Mattituck NY 11952 Matt 1B LIO R80 P/O 122-2-25 SuffbUi County Water Authority _4 4060 Sunrise highway Oakdale NY 11769 Matt 1 B LIO R80 P/O 122-2-8.1 - Frances Acer 10020 Sound Avenue Mattituck NY 11952 Matt 2A LI HB 141-3-43 1— Alice Funn * , rotest_ Petition 'e 1?ti tS6turd Avenue + �� s 6i 9► 0 w etc r re.v't- td N! [Y' 11r i#ifu t 14952 Matt2A LI HB 141-3-44 Clarence Booker, & Others 755 Rogers Avenue Rrr-oklvn NY 11,226 Matt, 2A LI 1313 141-3-45 1 Mame *Protest Petition —i Box 926, 11700 Sound Avenue Mattituck NY 11952 Matt 2A LI I -1B 141-3-45 2 LOLST North Fork Housing Alliance 110 South Street Greenport NY 11944 Matt 2A LI HB 141-3-41 L� George Penny Inc *Protest Petition Main Road, P.O Box 2067 Greenport NY 11944 Matt 2B LI RO 141-3-21+==-F-='' Harry Charkow & Wife P.O. Box 215 Mattituck NY 11952 Matt 213 LI RO '141-3-19 �' New York State Hostel (11077 Albany NY 12200 Matt 2B LI RO n 141-3-26 TT Joseph & Janet Domanski ` PO Box 1654 NY 11952 AMattituck Matt 2B LI RO 141-3-27 J Margaret Ashton Box 457, 795 Love Lane - Mattituck NY 11952 Matt 2B LI RO 141-3-28 /., Raymond Nme *Protest P6tition —w 855 New Suffolk Avenue, P.O. Box 1401 Mattituck NY 11952 Matt 2B LI RO 141-3-25.1 Raymond Nine *Protest Petition 855 New Suffolk Avenue, P.O. Box 1401 Mattituck NY 11952 Matt 2B LI RO 141-3-29.2 Arnold Urist P.O. Box 1436 Mattituck NY 11952 Matt 2B LI RO P/O 141-3-38 1 OSTGeorge Penny Inc., *Protest Petition c/o George Penny IV Main Road Greenport NY 11944 Matt 2C LI LB 141-3-22 1.off R rmo d Tine *Protest Petition :..,�. "'-- V r b t,1 ' IvPattituek NY 11,952 Matt 2C Li LB 141-3-32 1 William Guyton 't' P 0 Box 71 Matt 2G Ll LII 141-3-29 1 John J. Sidor, Jr. & Others 3980 Wickham Avenue Mattituck NY 11952 Matt 2D Ll R40 141-3-39 1— 'OS7— Robert Boasi 12425 Sound Avenue,_ P.O. Box 317 Mattituck NY 11952 Matt 2D LI R40 P/O 140-2-32 John Divello & Others Westphalia Road, P.O. Box 1402 Mattituck NY 11952, Matt 2D LI R40 141-3-19 L-OIl Jeffrey Gregor 37 Squiretown Road Hampton Bays NY 11946 Matt 2D Ll R40 141-3-40 L tO67 Andrew Fohrkolb 670 Holden Avenue Cutchogue, NY 11935 Matt 2E B RO 140-1-10 Mark McDonald P.O. Box 1258 Southold NY 11971 Matt 2E B RO 140-1-11 �`t Steven Freethy & Deborah Gibson Freethy Maiden Lane Mattituck NY 11952 Matt 2E B RO 140-1-12 1-.� Henry Pierce & Jennie Lee Wells Road Peconic NY 11958 Matt 2E B RO 140-1-4 Raymond Smilovich 1098 Wickham Avenue Mattituck NY 11952 Matt 2E B RO 140-1-9 4 Herbert Swanson P.O. Box 238 / No A ctI® /_V Mattituck NY 11952 Matt 2F B MII 140-1-6 Harold Reeve & Sons Inc Cty Rd 48, P.O. Box 1441 Mattituck NY 11952 Matt 2F R40 ME 140-1®6 I&Reeve & Sons Inc. a. � itlJC 1'44:1 ek NY 11952 *Protest Petition *Protest Petition *Protest Petition *Protest Petition *Protest Petition Matt •21, K4U Mil 14u- I- Luta i�uuc 6LLUII� Maiden Lane, P.O. Box 1136 Mattituck NY 1 1952 Matt 2F R40 MEI 140-1-8 Helen Reeve 245 Maiden Lane Mattituck NY 11952 Matt 2G R40 RO 140-1-1 Stephanie Gullatt 1695 Wickham Avenue Mattituck NY 11952 Matt 2G R40 RO 140-1-2 Leroy Heyliger & Wife *Protest Petition O Box 571, Wickham Ave. Mattituck NY 11952 Matt 2G R40 RO 140-1-3 William Stars & Wife P.O. Box 942, Ole Jule Lane Mattituck NY 11952 Pec IA B RO 074-4-10 Chester Misloski & Others *Protest Petition P.O. Box 237 Peconic NY 11958 P/O 074-4-9 L-bS7- Andreas & Stacy Paliovras *Protest Petition Pec lA B RO Rt. 48, P.O. Box 434 Peconic NY 11958 P/O 074-4-52- � JohnRoad & Bros. Inc Pec IA B RO Oregon Cutchogue NY 11935 Andreas & Stacy Paliovras *Protest Petition Pec 1B B LB P/O 074-4-9 Rt. 48, P.O. Box 434. Peconic NY 11958 B LB P/O 074-4-5 1John Krupski & Bros. Inc. L Pr c-hG sof Pec 1B Oregon Road Cutchogue NY 11935 Pec 2A R40 RO 074-3-13 Dorothy Victoria & John Mumster c/o Pupecki P.O. Box 366 Peconie NY 11958 Pec 2A R40 RO 074-3-14 Sid a : Mao 3-28 P.O. Box Peconic NY 11958 6- Rbc 2A, R40 RO 074-3-15 Edward Dari & wire , P.O. Box 1 Peconic NY 11958 Pec 2A R40 RO 074-4-15 A Paul McGlynn & Wife Box 206, North Rd. Peconic NY 11958 Pec 2A R40 RO 074-4-16 Louise Day & Another clo Bob Day 88 Wyckoff street Brooklyn NY 11201 Pec 2B R40 HB 074-3-16 A Patrick Adipietro & Robert P.O. Box 174 Peconic NY 11958 Pec 2B R40 HB 074-3-17 ' Olive Hairston Hayes 306 East 96th Street New York NY 10128 Bennett Blackburn & Wife Pec, 2B R40 HB 074-5-1 1 t Box 344, Peconic Lane Peconic NY 11958 Pec 2B R40 HB 074-5-5 Robert Johnson 4300 Soundview Avenue Southold NY 11971 Pec 2C LI HB 074-3-19.3 LbST Kenneth Dickerson �^ Chestnut Road Southold NY 11971 Pec 2C LI HB P/O 074-3-19.2 Kevin Terry 465 Topsail Lane Southold, NY 11971 Pec 2D R80 HB 074-3-20 A Alice Platon 30-Front Street, P.O. Box AB GreenportNY 11944 Pee 2E R80 RO 074-3-24.2 4 . Alvin Combs & Wife Peconic Lane peconic NY 11958 Sthld l LB RO 069-4-2.2 L Gerald Galton & Wife M4dle Road, Box 274 p000tla ICY 11958 Sthld 1 LB RO 069-4-2.3 HelmutHass clo Beverly Hm Jacobs P:O. Box 522 Cutchogue NY 1193 5 *Prote etition *Protest Petition *Protest Petition *Protest Petition *Protest Petition 7 'Sthid 1 LB RO 069-4-3 L-e9L�--' Ruth Enterprises Inc *Protest Petition P.O. Box 910 ' Southold NY 11971 Sthld 2A AC RO 069-2-1 L-d� William Zebroski, Jr. *Protest Petition P.O. Box 531 Southold NY 11971 Sthld 2A AC RO 069-2-2 LDS% Carol Zebroski Savage & Others Woodchuck Hollow Lane Wading River NY 11792 Sthld 213 LII RO 069-2-3 L-z:5S'r Stephen Doroski & Wife *Protest Petition 38400 C.R. 48 Southold NY 1971 L� T *Protest Sthld 2B LB RO 069-2-4 Bayberry Enterprises Petition. Stars Road East Marion NY 11939 Sthld 2C LI AC 069-3-1 1--Steve Doroski *Protest Petition 38400 CR 48 Southold NY 11971 Sthld 2C LI AC 069-3-2 LT Steve Doroski *Protest Petition 38400 CR 48 Southold NY 11971 Sthld 2C LI AC 069-3-3 L``S- Steve Doroski *Protest Petition 3 8400 CR 48 Southold NY 11971 Sthld 3 LB AC 059-10-4 L D ST ward Koster *Protest Petition P.O. Box 1495 - Southold NY 11971 L- s I orci-ie-- Sthid 3 LB AC 059-10-5 Clifford Cornell P.O. Box 910 Southold NY 11971 Sthld 3 LB AC 059-7-31.4 L`'d`S , Ellen Hufe *Protest Petition Route 48 Southold NY 11971 'Sthld 3 LB AC 059-7-32 L,d.S%� Alice Surozenski *Protest Petition -- 41095 Route 48 Southold NY 11971 Sthld 3 LB AC P/O 059-10-3.11q je ok11skott —' RobeM rt ftrris 229 Stl� S�freeY' Greenport, NY 11944 Sthld 3 LB AC P/O 059-7-29 2 A Alfred & Juliet rrodeiia 40735 Middle Road, Route 48 Southold NY 11971 Sthld 3 LB AC P/O 059-7-30 L-6-1�- TClement Charnews *Protest Petition Cty Rd 48 Southold NY 11971 Sthld 3 LB AC P/O 0,59-9-30.4 Walter Pharr, Jr. *Protest Petition PO Box 958 Southold NY 11971 Sthld 3 LB AC P/O 059-10-2L1),ST StevenDefriest *Protest Petition 2305.Gien Road Southold NY 11971 Sthld 4A LB RO 063-1-15 L -d Mark Mendleson & Others 24 Wildberry Court Commack NZ' 11725 Sthld 4A , LB RO 063-1-16 L -10-S7- Nicholas Batuyios 5 Cliff Court Rocky Point NY 11778 Sthld 4A LB RO 063-1-19-2 L � C & C Associates P r- 4465 5 44655 CR 48, . P.O_ Box 312 Southold NY 11971 L�� Sthld 4A LB RO 063-1-19 No. Fork Professional Realty Assoc. c/oAmrod-Ricci 1000 Franklin Ave., Suite 202 Garden City NY 11530 Sthld 4A LB RO 063-1-20 L4S'-T Windsway of Southold Assoc. 1 Suffolk Sq., Suite 3'00 Central Islip NY 11722-1543 Sthld 4A LB RO 063-1-21L^�_ Carl & Caroline Graseck *Protest Petition Leeton Dr. Southold NY 11971 Sthld 4A LB RO 063-1-22 Joseph Wallace *Protest Petition 54 Winthrop Road Shelter Island NY 11965 Sthld 4A LB RO 063-1-23 T Lisa Cowley *Protest Petition 4460010ddlerRoad S;oilthOdi NYz' 11971 Sth1d4A LB RO 063-1-24 L-d�T John Ross *Protest Petition 2320 Yennecott Dr. Southold NY 11971 (6 LB 059-3-29 �- John & Joan Callahan *Protest Petition Sthld 4II 13 i 125 Lighthouse Road Southold NY 11971 Sth1d 4B B LB 059-3-30 A. e Deborah Edson c/o Johnny's Car Hop 43 715 CR 48 Southold NY 11971 RO 059-3-31 T David Cichanowicz pr o�'e Sthld 4C B 165 Wood Lane Peconic NY 11958 Sth1d'4C B RO 059-4-8 LOST Timothy Gray *Protest Petition Soundview Avenue Southold NY 11971 Sthld 4C 13 RO 059-4-9 `` Jimbo Realty Corp *Protest P,etition 50800 Main Road, P.O. Box 1465 - Southold NY 11971 Sthld 4C B RO 063-1-16 L 0 S7- Thomas & Susan McCarthy *Protest Petition PO Box 1266 Southold, NY 11971 Sthld 5A B LB 055-1-11 1 L&ST Edward Dart *Protest Petition �~ Peconic Lane Peconic NY 11958 Sthld 5A B LB 055-1-11.2 L. DST Edward Dart *Protest Petition l Peconic Lane Peconic NY 11958 Sthld 5A B LB 055-1-11.3 LOST Edward Dart - *Protest Petition Peconic Lane Peconic NY 11958 Sthld 5A B LB 055-1-11.4 L�d 5T Edward Dart *Prot6st Petition Peconic Lane Peconic NY 11958 Sthld 5A B LB 055-5-2.2-� William Penny III *Protest Petition 2200 Hobart Road Southold NY 11971 Sthld 5A B LB 055-5-2.4 Thomas E Susan McCarthy *Protest Petition PO Box 1266 Southold, NY 11971 Sthld 5A B LB 055-5-6 L S John Satkoski & Rita Patricia *Protest Petition 168 Fifth Street Greenport NY 11944 (6 Sthld 5B B RO 055-5-2 3 A Gary Rempe & Wife *Protest Petition 3325 Youngs Avenue- venueSouthold SoutholdNY 11971 Sthld 5B B RO 055-5-4 LOST Linda Bertani & Others *Protest Petition Oakwood Drive Southold NY 11971 Sthld 5B B RO 055-5-5 /4 Audrey Berglund P.O. Box 1501 Southold NY 11971 Sthld 6 B RO P/O 055-2-24 2 Frank Field Corp. *Protest Petition LOST 40 Middleton Road �— GreenportNY 11944 Sthld 6 B I�0 055-2-23 LUST Madeleine Schlafer *Protest Petition c/o 1670 House Route 48 Southold NY 11971 Sthld 6 B RO 055-5-10 LD ST George Penny IV & Robert Boger, *Protest Petition c/o Penny Lumber P O. Box 2067 Greenport NY 11944 Sthld 6 B RO 055-5-11 I-j)ST Joann Rizzo *Protest Petition P.O. Box 696 Greenport NY 11944 Sthld 6 B RO 055-5-12.2A Donald Tuthill & Wife 3150 Boisseau Ave. Southold NY 11971 Sthld 6 B RO 055-5-9.1 �-�S Patriciah iloski *Protest Petition P.O. Box 292 Southold NY 11971 -C.rnpt I HD R80 040-3-1 Kace LI LLC *Pro st ition 43 West 54th St. New York NY 10019 Grnprt I HD R80 045-2-1 L.DST John Siolas & Catherine Tsounis *Protest Petition 190 Central Drive Mattituck NY 11952 Grnpri 1B LB R80 045-2-10 5 L057 Adrienne Solof *Protest Petition 33 Fairbanks Blvd WoodburyNY 11797 Gmprt 1B HD R80 045-2-10 5 LOST Adrienne Solof *Protest Petition 33 Fairbanks Blvd WoodburyNY 11797 Gmprt 2A R40 R80 040-3-6 1 L -, ),ST Richard & Anita Wilton *Protest Petition P.O. Box 89 Greenport NY 11944 Gmprt 2A R40 R80 040-3-6 2 Lb--'�F Linda Wilton *Protest Petition 200 Front Street GreenportNY 11944 Grnpri 2A R40 R80 040-3-71' L� Gmprt 2A Gmprt 2A Gmprt 2A Gmprt 2B Gmprt 3A R40 R80 040-3-8 L- aS Steven & Lenore Atkins 119 Primrose Avenue Massapequa Park NY 11762 Anton Malinauskas P.O. Box 2106 Greenport NY 11944 *Protest Petition *Protest Petition R40 R80 040-3-9.3 L—bE7 Agnes Dunn *Protest Petition 45 Queen Street, P.O. Box 409 GreenportNY 11944 R40 R80 040-3-9.4 — Susan Malinauskas c/o Charles Malinauskas & Wife 64820 Rt. 48 GreenportNY 11944 HD R80 040-4-1 A- Suffolk County Water Authority 4060 Sunrise Highway Oakdale NY 11769 LB R80 P/0*635-1-25 ! Peconic Landing At Sout4old PO Box 430 Southold, NY 11971 Gmprt 3$ HD R80 035-1-272 L; Frank Justin McIntosh & Mark Anderson, Trustees 235 E. 57th Street New York NY 10022 Gmprt 3B HD R80 035-1-27.3 L 03 Frank Justin McIntosh `-----7-23 5 E. 57th Street New York NY 10022 *Protest Petition *Protest Petition *Protest Petition NOTICE OF PUBLIC HEARING:. °'" SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MAY 20, 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, MAY 20, 1999 at the time noted below (or as soon thereafter as possible): 6:45 p.m. Appl. No. 4686 - ANDREA AND STACEY PALIOURAS. This is a request for a Variance under Article X, Section 100-102 based upon the October 20, 1998 Notice of Disapproval for a permit to use part of an existing dwelling in this B Business Zone District for a Gift Shop, disapproved for the reason that an additional use (for a gift shop) is proposed on an insufficient lot area of 51,400 sq. ft. Location of Property: 32570 C.R. 48, Peconic, NY; 1000-74-4-9. The Board of Appeals will at .said time and place hear any and all persons or representatives desiring to be heard in the above application or to submit written statements before concluding the hearing. The hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: May 3, 1999. BY ORDER OF THE SOUTHOLD OWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski r ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK -------------------------- _---------- _------------- _x In the Matter of the Application of Andrea and Stacey Paliouras (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 74 4 - 9 ----------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING Andrea Paliouras residing at Forth Road Peconic, N.1Y. I, New York, being duly sworn, depose and say that: On the 13tbay of 14ay ,19 99 , I personally placed the Town's official Poster, with .the date of hearing and nature of my application, in a secure position upon 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, hearin date was shown to 'be may. 20,1999. ev/ (Signature) Sworn to before ane this 19tldayptAAY19 99. z (Notary Public)' Pub ick, State Notary of New Y No o20L2959600 11 ®salified inres a 30 Commission Exp *near the entrance or driveway entrance of my property, as the area most visible to passersby. GARY FLANNER ®LSE'iv' ATTORNEY AT LAW ASSOCIATE' DAVID WORTHINGTON OLSEN ATTORNEY AT LAW P.O. BOX 706 ■ MAIN ROAD D18 ➢999 L V CUTCHOGUE, LONG ISLAND, NEW YORK 11935 . PHONE 516-734-7666 FAX 516-734-7712 May 18, 1999 Re: Andreas and Stacey Paliouras 1000-74-4-9 Our File # 6551 Dear Linda: Enclosed please find the AffidavinI- OLSEN ng and Affidavit of Mailing in re the above file. Verurs, GFO:lmk Enclosures Southold Town Zoning Board Main Road - Town Hall Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUT.HOLD:NEW YORK ----------------------------------------------------------x Yii the Matter of the Application of Andrea and Stacey Paliouras (Names of A plicants) Parcel ID#1000 7 - 4 _ 9 -----------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I' Gary Flanner 01sen,Esq residing at Main Road, Cutchogue, N.Y. New York, being duly sworn, depose and say that: On the 11th day of May , 19 991 personally mailed at the United States Post Office in , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners show o ffi11 the current assessment roll verified from the official records on file with t ( ) ssessors, or () County Real Property Office Cutccho e , f • r every property which abuts and is across a public or private street, o ve ><cul'ar right -of --way of record, surrounding the applican't's property. f (signature) Sworn to before me this lith day ofMaY , 19_p9 `LORRAINE KIOPFER Woteiy Public, State of Newyork (Notary P lie I No.4828373 Cluallffied in Suffolk Court/ Commission Epires Nov 30,199 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were nailed Thank you. P 7 Mr. and Mrs. Chester Misloski P. 0. Box 237 Peconic, NY 11958 1000-74-4-10 Robert H. Chilton Bendwood Lane Southold, NY 11971 1000-74-4-11 LIRR Director of Public Affairs Jamaica Station Jamaica, NY 11435 1000-74-4-12.1 Tartan Oil Corp. 532 Broadhollow Rd. P. 0. Box 1017 Melville, NY 11747 1000-74-4-7.1 John P. Krupski & Bros. Inc. Oregon Rd. Cutchogue, NY 11935 1000-74-4-5 Emmanuel G. Sfaelos 17 Huntington Bay Rd. Huntington, NY 11743 1000-74-2-21 Carol Hydell 32125 Rt 48 Peconic, NY 11958 1000-74-2-37.3 ,so ,1 Re: Chapter 58 — Public Notice for Thursday, May 20, 1999 Nearing Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. Pursuant to Chapter 58 of the Southold Town Cale (copy enclosed), formal notice of your application and hearing must be mailed and shall include a map or sketch showing the new location with the setbacks and use noted. Send this Notice, as soon as possible, with the map to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well® Please submit your Affidavit of Mailing to us by the Friday before the hearing date, with the post office receipts postmarked. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us. If any signature card is not returned, please advise the Board at the hearing. You must post the enclosed sign no later than 5/12/99. Post the sign facing the street, no more than 10 feet from your front property line bordering the street. (If you border more than one street or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must remain in place for at least seven (7) days, and if possible, should remain posted through the day of the hearing. If you need a replacement sign, please contact us. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting to us for the permanent file. If you do not meet the deadlines stated in this letter, please contact us promptly. It may be necessary to cancel your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, Enclosures ,i, n FOR BOARD AND STAFF USE U date New Information Southold Town Board of Appeals -15-March 28, 1985 Regular Meeting PENDING DECISION: Appeal No. 3319: Application of ANDREAS PALIOURAS; 37-17 20th Road, Astoria, NY 11105, for a Variance to the Zoning Ordinance, Article XI, Section 100-118(D) for permission to reinstate and restore dwelling structure to its original condition as a one -family residence located at 32570 C.R. 48, Peconic, NY; District 1000, Section 74, Block 04, Lot 009. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on March 7, 1985, in the Matter of Appeal No. 3319, for ANDREAS PALIOURAS; and WHEREAS, the board has considered all testimony and documenta- tion entered into the record during the public hearing and since the filing of this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, as well as its surrounding area; and WHEREAS, the board made the following findings of fact: 1. The property in question is zoned "A" Residential and Agricultural, and abutting the premises on the west side is a private road referred to as "Paul's Lane," to the west of "Paul's Lane" are premises zoned "B-1" General Business, and the east of the subject parcel are premises zoned "C -Light" Industrial and premises zoned "A" Residential and Agricultural; 2. The subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 74, Block 04, Lot 009, and contains a total area of 1.196 acres as shown on survey of November 10, 1982, prepared for the applicant by Roderick VanTuyl, P.C.; 3. The premises fronts along the County Highway 48 at a length of 112.66 feet, and is improved with three structures, one presently a two-story, one -family dwelling, one a small storage shed, and the other is the subject building which is in delapidated and unlivable condition; 4. Applicant is proposing by this application to restore the most southerly building presently in extremely poor condition to its original condition and as a one -family dwelling; 5. The December 17, 1984 Notice of Disapproval from the Building Inspector indicates a variance is required pursuant to Article XI, Section 100-118(D) of the Zoning Code before the structure could be used "again as a dwelling with an existing one -family dwelli-ng in use on premises." Southold Town Board of Appeals -16- March 28, 1985 Regular Meetingy (Appeal No. 3319 - ANDREAS PNLI'OURAS, continued:) 6. Article XI, Section 100-118(D) states that "whenever a nonconforming use of a building or premises has been discontinued for a period of more than two years..., the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals, as hereinafter provided...." 7. Section 100-118, Subsection (E) states that "a noncon- forming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 50% of the fair value of the building...." 8. Upon inspection of the building in question, the board found that approximately 85% of the structure needed to be re -built, and to the board's recollection, the structure had not been lived in as a one -family dwelling for at least 30 years; 9. No evidence has been submitted for the record which would prove its valid nonconformity in existence either prior to 1957 or since 1957. 10. It is also noted for the record that it has been found that plumbing facilities and utilities have not been operable for many years, and that recently the roof had been repaired, a new cesspool installed, minor structural repairs done; there are no kitchen or bathroom facilities, finished walls or floors, no windows, etc. In considering this appeal, the board determines: (a) there is insufficient evidence in support of the granting of the relief requested; (b) the alterations and reconstruction necessary in order to restore this structure for one -family residency substantially exceeds 50% of the fair market value of the building; (c) the nonconforming use of this structure which may have existed prior to 1957 has been discontinued; (d) the granting of this variance will alter the essential character of the neighborhood since more than one dwelling on a parcel i's not common; (e) the parcel in question is less than two acres and substandard in size; (f) that the plight of the owner is not due to unique circumstances; (g) that the interests of justice will n-ot be served by allowing the relief requested. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the relief requested under Appeal No. 3319 in the Matter of the Application of ANDREAS PALIOURAS to restore structure for use as a second, one -family dwelling on this 1.196 • I Southold Town Board of Appeals -17- March 28, 1985 Regular Meeting (Appeal No. 3319 - ANDREAS PALIOURAS, continued:) acres, BE AND HEREBY IS DENIED. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. PENDING DECISION: Appeal No. 3333: Application of HELYNN D. KAPP, 238 South Water Street, Gree wich, CT 06830, for a Variance to t e Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for permission to construct new one-fami dwelling with insufficient sideyard setbacks and in excess of the maximum -permitted 20% lot coverage requirement, at premises known as 1305 Third Street, New Suffolk, NY; County Tax Map District 1000, Section 117, Block 07, Lot 11. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on March 2 1985, in the Matter of Appeal No. 3333 for HELYNN D. KAPP; and WHEREAS, the board has considered all testimony and docum( (_ entered into the record during the public hearing and since the filing this application; and WHEREAS, the board members have personally viewed and are familiar .with the premises in question, as well as its surrounding are and WHEREAS, the board made the following findings of fact: 1. The property in question is zoned "A" Residential and Agricultural and is situated at the West Side of Third Street, more particularly identified on the Suffolk County Tax Maps as District 100 Section 117, Block 07, Lot 11; 2. The subject premises contains an area of 5,317 sq. ft. with 52.50' frontage along Third Street and at the present time is vacant; 3. Prior to 1968, a one -family dwelling existed on this parcel, and the applicant is desirous of replacing the dwelling together with three-foot wide extensions at each side which will leave sideyard setbacks of seven feet from the northerly side and 12.5 feet from.the southerly side, and total sideyards 19.5 feet.