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%�`t�D'� r/.�-i; .ire'-�s`di�.�" �.�__�-�,_� � .�„vim � j� �.� �X�sr.�,�9 � ,VPEAI,S DtARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning ��o��gUFFOIkCp� o o - N x BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 28, 1999 Appl. No. 4721-V and 4720 -SE - WILLIAM and KRISTIN VON EIFF PARCEL: 1000-45-4-5.1 (Current Owner: Franken) STREET & LOCALITY: 74605 Main Road, Greenport DATE OF PUBLIC HEARING: July 22, 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 property is located in the B General Business Zone District and is a 23,396.09 sq. ft. lot with 100 ft. frontage along the northerly side of Main Road (S.R. 25) Greenport. The May 19, 1970 survey prepared by R. VanTuyl, L.S. for former owners, George H. and Madeline L. Huber, shows a 1-1/2 story and one-story block dwelling with attached one-story shop, accessory garage near the center of the property and a small accessory structure in the rear yard. BASIS OF APPLICATIONS: A. Special Exception under Article X, Section 100-101B(5) for a single-family dwelling use in an existing building; and B. Variance from Zoning Code Section 100-102, Bulk Schedule, to allow single-family dwelling use in conjunction with a permitted business use on this 23,396+- sq. ft. parcel, based upon a Notice of Disapproval dated June 14, 1999 which states: "Proposed project is in a B Zone, one -family dwelling use requested was pre-existing nonconforming that has lost its status pursuant to Article XXIV, Section 100-241G which states: ...Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary notwithstanding, 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. One family dwelling use is currently a Special Exception use in the B Zone (Section 100-101B-15). Pursuant to Article X, Section 100-102, Bulk Schedule requires 30,000 sq. ft. per business use, one - family dwelling use listed as N/A." (No other areas are noted in the June 14, 1999 Notice of Disapproval) 4F Page 2 - :iuly 28, 1999 ZBA Appl. No. 4720 -SE and 4721 - W. VonEiff Parcel 1000-45-4-5.1 at Greenport REASONS FOR BOARD ACTION: After hearing testimony and making personal inspection of the property, the Board has considered the General Standards set forth in Code Section 100-263, and finds and determines that: Special Exceotion Reasons, described below: A) The use will not prevent the orderly and reasonable use of properties in adjacent Zone Districts. In connection with this consideration, the Board satisfied itself that applicants understand that the surrounding properties are zoned Business and will continue to be used accordingly. B) The use will not prevent orderly and reasonable use of permitted or legally established uses in the Business District wherein the proposed use is to be located, or of permitted or legally estab:ished uses in the adjacent use districts. C) The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected by the proposed use and its location. D) The proposed use is in harmony with and will promote the general purposes and intent of the Zoning Code; E) The use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regarding to visibility, scale and overall appearance. F) The proposed dwelling will be readily accessible for fire and police protection. The Board has also reviewed other matters to be considered relating to Special Exceptions set forth under Code Section 100-264 and finds that no adverse consequences will result from the proposed use. Area Variance Reasons for Board Action, described below: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the buildings had previously been used for two separate uses. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the land size is preexisting - nonconforming. 3. The requested area variance is not substantial. 4. No evidence has been submitted to show that the proposed deck extension would have an adverse effect or impact on the physical or environmental conditions in the neighborhood or Page 3 - July 28, 1999 ZBA Appl. No. 4720 -SE and 4721 - W. VonEiff Parcel 1000-45-4-5.1 at Greenport district. 5. The difficulty has not been self-created. 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 sign business in conjunction with owner's' residency in the existing principal building, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance and special exception, as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS. This Resolution was duly adopted (4-0). (Member Hor 'ng of Fisheys�sland was absent.) JAM S DINIZIO, JR��I ' CHAIRMAN PRO TEM For Filing on or about 8/6/99 RECEIVED AND----� THE SOUTHOLLD OiVN CD, BY DATE $// 6/ 9'HOUR Town Clerk, tvn xs�n ais GDEi�: �UPS £o'' tot,�.2tr7 Mel riar� oft1i ,c°�.. 4e. To wn Of � . 5oudr�Id the�y{oiCow pZ' P oris wdi`:6F'thetd=;for"pu. `lieaM99 by- 0 y0ROXRD, j. STATE OF NEW TORK) )SS: CO TY OF SUFFOLK) F of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in -the Town of Southold, County of Suffolk and State of New York, and that the Notice of which theannexed' is a printed copy, has been regu- larIY published in said Newspaper once each week for weeks (S> ccessively, fg an the day 19 to before me this 6" 274 u�. 19 7�S NOTARY PL' L'r STATE Oc NIE$ YORK 52-415 F242 SUFFOLK "'01"NTY pes or �iefur �so-'iS�P nrtt�.vtSl. iSr.i F, Z:/% ,.1: cry i"iu�U1MlAPAyx ftLLu pdxBY' �� - .t ok`�a Yanan�e 4n 'tst ¢ m5sen rvgs'de„gmiewto e, onM b0.2t}eay� ie e'` -above' '7arcnaY �... pons desa`�'Eo wrltt�u! 'M `�•�, st�e �� or sud�nrt , 44a�Xb�bsSayxsR� ,,. `��`'�"ext . -.�.�4. �f'oruxatton n he 7tzanngs"wdta��s �„ .r ..adestgnated.-CvYeare ast zat availabte; * ,tlk`1"1 > MIlewd, onngr u�arTow¢$Talt' sntess bours ' m?.'��ttiq Teazm, we uesnons 9 please'�o not heli , atedl7ne?8, 1999"'� = u ted,.J TDR �vYrtls galleY�,,' � r ��tcu(tauat`-Concu,on..�ou i BY ORDER OF THE t � sQD'rtiDl.D,�Dd'N'. nn e i$' BDARD,;O,_P,yPEALS` (%ERARDP GOEHRINGEFt'.. t T " �„p ms�pppG ?Nos,4723� � � 9f�"ylR3vt,S{9S P3'D{IMIY BpLinda ICowalskF� s uest�lor=a��Ta�iVn��7ha-ITS Jv1 "Sectio t 42G,'in `iegnBsfAr`aunbt�` ���ircl"i gdisappipved � fan}lary P r�th,�egfollowmgreasogt,Y , „; �eXer'a„�ooconfountng-usa�`; I ', utYdin'eror premises'hasbeeo- 'ppu gr�peaodofmae ��aV�Be�So a= niass�i�fYcanp4,,, ,•+�C'Fta2C011(OHf11112LL�ngibluoiq - I { b V ! FORM NO. 3 S� d TOWN OF SOUTHOLD 5 BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE; June 14, 1999 TO Wiiliam & Kristen -Von Eiff 379 Riley Ave Mattituck NY 11952-1802 Please take notice that; your application dated May 27 1999 For permit to use of property for business and one family dwelling at Location of,property 74605 Main Road Greenport County Tax: Map No. 1000 -Section 45 Block 4 Lot 5.1 Subdivision Filed Map # Lot # Is returned herewith and disapproved on the following grounds proposed project is in a B zone, one Authoriz ignature BOARD OF 'HEALTH ... FORM NO. 1 3 SETS OF PLANS ................ TOWN OF SOUTHOLD. SURVEY ........................ 3 BUILDING DEPARTMENT CHEck ... ..... .. TOWN HALL SEPTIC, FORM ................... SOUTHOLD, N.Y. 11971 TEL: 765-1802 NOTIFY: CALL . ?n $ . � R7 �. Ra fined .................. 19..-.. MAIL TO:.................. . Approved .................. 19.... Permit No. .::............................................... Disapproveda/c.................................................................... ................................ (Building Inspector) APPLICATION FOR BUILDING PERMIT Date... � 2 ? ......19.aq INSTRUCTIONS a. This application most be completely: filled in by typewriter or in ink and submitted to the Building Inspector 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan shoring location of lot and of buildings on premises, relationship.to adjoining premises or public streets or areas, and giving a detailed description of layout of property mist be drawn on the diagram which is part of this application. c. The work covered by this application may not be cam enced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be.kept on the premises available for inspection throughout the work. e. No building doll be occupied or used in whole or in part for any. purpose wbatever until a Certificate of Occupancy shall have been granted by time Building Inspector. APPLICATION IS BERMY K E to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Tam of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. ..................................................... (Signature of applicant, or noon, if a corporation) ................................................... (Mailing address of applicant) State wbether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or build Nam of owner of premises Y� �,�j a �i e n . Fk �� G?tY?�� ;C k o_ , v! t%, G S�„�yp C ?.......... . ............. � ...... ............ ins on the tax roll or latest deed) W'i,1 s Ike �lo nk etl If applicant is a corporation, signature of duly authorized officer. ...........................................a............. (Name and title of corporate officer) Builders License No . ......................... Plumbers License No . ......................... Electricians License No . ..................... Other Trade's License No. 1. location of land on Finch proposed work will be done.............................................................. ................ cl........... Gree. ,aP f .......... .. ......................... House Number _ Street e 1 Canty Tax Map No. 1000 Section ... Q.�...... Block ... 0.y....... Lo ...0 d -- 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 .. ........................................................... b. Intended use and occupancy :on lsn C , _;,l . �.�?�ii: >.q.. Gl{1�..%v5 ti,n e5 5 ................ route uL wunK cuwtx rtunn appttcame): New Building .......... Addition .......... Alteration .......... Repair ............ Removal .......... �" Demolition ............ Other Work (Description) Estimated cost ......................... fee .............................................. (to be paid on filing this application) If dwelling, number of dwelling units ............ bivber of dwelling units on each floor ................ Ifgarage, camber of cars......................................� n e 5S <<.�• d If business, commercial or mixed occupancy, specify nature and extent of each type of 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 ................ Rear ............... Depth .............. Height ......................... timber of Stories ..................... Sizeof lot: Front .................... Rear .................... Depth ..................... Dateof Purchase ..................... Name of Forcer Omer ........................................ Zone or use district in ruhich premises are situated.............................................................. Does proposed construction violate any zoning law, ordinance or -'regulation: — ........................ Will lot be regraded .................... Will excess fill be removed from premises: YES NO Names of Owner of premises ........................... Address .............................. Phone No. .............. Hare of Architect .. ................................... Address .............................. Phone No. .............. Name of Contractor ................................... Address ...............................Phone No. .............. Is this property within 300 feet. of a, tidal wetland? * YES .......... NO .......... *IF YES, SWITUD TOWN TRH= P=4fT HAY ]BE REWIRED. PLOT DIAGRAM locate clearly and distinctly all buildings, whether,a om property lines. Give street and block number or descri ether interior or corner lot. _ as Pcr Air OP ww YORK, UNLY OF ....................... SS mu rpaicace ail ae1-I?HC:K. uLiCl!SF1Wl4Y d, and show street names and indicate ........................................................being duly sworn, deposes and says that he is the applicant Name of individual signing contract) ove named, isthe................................................................................................... (contractor, agent, corporate officer, etc.) said Omer or owners, and is duly authorized to perform or have performed the said work and to make andifil r. plication; that all statements contained in this application are true to the best of his koowlede and .belie mat the writ will be performed in the manner net forth in the application filed nom to before me this 77 ....... Cl......day of .(.l( ......19... Notary Publ' /.L!v1.�eS-A.. ��SG .:.' �V . ........ (Signature of Applicant) LARRAINE KLAPFER Notay pghtdm, State of NmYork No. 4828373 0ma11fied in Su folk�o�y Commission Ewes Nvv 30, i99IR g TOWN OF S0UTH Ute. y3� -APPEAL FROM DECISION OF BUILDING iNSPE(M 5 1999 APPEAL NO. DATE . ' TO THE ZONING BOARD OF APPEALS, TOWN WUrPM0QU.CIwid 1, (We)William,& KristiU VORE'ff_ of ..379 R�1ey.. Ave Name of Appellant Street and .......Number ...............,_..... Mattituck ......................HEREBY APPEAL TO .......... NY Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ..:APPLICATION FOR PERMIT NO...: .... ...DATED .................. WHEREBY THE BUILDING INSPECTOR DENIED TO William. & Kristin Von Eiff (property of Wilhelm & Silke Franke ...........m ....: e.r. .. ..,... owners) Name of Applicant far pemit of 31R.Riley..Ave............. W . Street and Number Municipality State ,.O PERMIT TO USE O PERMIT FOR OCCUPANCY (%) Area Variance 1. LOCATION OF THE PROPERTY... 74605 Main ]3d a Greenport,t„ NY 11944 ... ....... ........ .......... Street /Hamlet ` 6se District on Zoning Map District 1000 Section 45 Block 4 Lot 5.1 ...Current Owner Wilhelm & Silke Franken' Mop No Lot No P r i o r Ow n e r George & Madeline Huber 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of theZoning Ordinance by number. Do not quote the Ordinance.) Article Section j�D — `Q%, 3. TYPE OF APPEAL. Appeal is made herewith. for (please check appropriate box) (A ) A VARIANCE to the Zoning Ordinance or Zoning Map -( ) A VARIANCE due to lack ofaccess (State of New York Town Low Chap. 62 Cons. Laws` Art. 16. Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision' of the Building Inspector or with respect to this property. Such appeal was I ) request for a special. permit ( ) request for a variance - and was made in Appeal No ........... ....Dated...... ......... .... ....: .REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 '(g) A Variance to the Zoning Ordinance is requested for the reason that applicants are contract vendees'and seek to utilize property for both residential and business use i.e. sign- .. manufacturing. cha^ga-in the ehazacte of the neighborhood if this Variance is granted. REASONS FOR AREA VARIANCE ONLY (to be completed by applicant Do not use these standards for use variance orl. special exception." (Also attach sheets if necessary, with signatures.) 1. An undesirable change will NOT be produced in the character f the neighborhood or,a deLrimenL to nearby properties, if granted BECAUSE:, Property is located in a B1 Zone. To the west is business property and to the East is business property utilized by Sunrise Bus Co. The main structure on the property consists of a residence,and on the west side and attached thereto as the Esst side-'is a stractureformerly utilized as an automobile service station in, which the appiicsnts seek,to conduct a sign manufacturing business. Tbere will be no 2. Thebenefit,, sought bythe applicant CANNOT be achieved by some method,; feasible €or Che ,applicant to pursue, other than an area variance 11ECAOSE: Applicants need a:'.Variance, since under todays Zoning,Code ueeit 3(3 sgnaru .feet per use"for a total of '6Q,90Qsgctarx feetr,_ This is a pre- theyeaistiug parcel,contaiung 0.5371 acres:. Applicants only recourse 3s :to "seek an area Variance. 3. The I` amount of I nt relief requestednooucted bois th for resideantial and business use,. property al�dg contains buildings 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE property has historically been used for residential and business use. 5. Has the alleged difficulty been self-created? ( ),Yes. (% ) ,No. 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. STATE OF NEW YORK) COUNTY OF SUFFOLK) 1 I ami S / (APPl cant)K-irst" i Agent must a ch. written consent from owner Sworn to before me this 11th day 19 99 Notary Public tlPubState 0O Notary c, uNe w York No 020L29696o ualifled es March 30,E j �'€lmmissiort Expo+pu T® N ® Ski TFI PaOPERTY REJC.0RDCARD. OWNER STREET VILLRGE DISTRICT SUB, _ — LOT___ Is k FORMER VTER N '. f ' ACREAGE P/-rr Lo r Jc ,. nP S 1 7 %� -Z f P1<IaS 1, A-'�..� l.� t. i .t S (, J �. (.L'G'r G� wt_ o iy ^j%-'- OF BUILDING RES. SEAS. VL, FARM COMM. IND. CB. MISC. LAND IMP. TOTAL DATE REMARKS d'' U 6>/ ! m r' Cow 4 ,zt-lec /05e 44& Av ON K �AGE �V,, 1J>�? fOr .�C5T {_�GnkPh3RnA ��C ,., NEW,: �NQRMAL BELOW;BOE ri ` sa'. ,ala 1r- Farm XMe value Por Acre ialue j C 1.l 't�i1T W , t, Tilidble 1 ` ° 7 7 Tillable 2 Tillable 3 — -- Woodland�. — -- ------ --- Brushlond ` Mouse Plot . _._ Totai M. Blcjg: Z Foundation Both h BasementFlo , Floors Extension Ext. Walls Interior Finish Extension Fire Place Heart ZZO Porch Attic e Porch - Rooms Ist Floor Patio Rooms 2ndFloor e"% %.1 r" i / 6 // Driveway 0. B. 53 Y.w................ J. YILLAGE'OFGREENFrJRi'/ \' •'`�OYNt@Y.it' 3-•y`N�}iJ�YC ESi q{C� , IRON RPE --1 ---S.854040 in E. 9 MAP OF PPOPERTY cn �UPVEYED FOP— GEORGE f -,f MADELINE L' OF SJJr, IfULD, !ii Wq- lJ N .i 1w JI QI GUARANTEED TO TH a S ECU R I I- r' T; TL E u AND GUArtANTY. 'COMPANY �— A5 SURVEYED MAY 19,1970 o VAN TUYL45ON t LICENSED LAND SUWtYbRS p CPQ m ��- �Jo G[tEENfYJR-� NLY. 5. ► A2EA- 0.5371 Accpg SCALE_4Q I ` - TITLE NO, DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals r COUNTY OF SUFFOLK 4 ROBERT J. GAFFNEY SUFFOLK COUNTY EXECU11Vr August 18, 1999 STEPHEN M. JONES, A.I.0 P DIRECTOR OF PLANNING 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) Rushin (Patricia) & Motley (Pamela) Friedman, Stephen Trapido, Leonard Mackham, Linda Duffy Barry, Robert & Joyce Michelis, Gregory Rutkowski, Stanley Sclafani, Anthony & Cheryl* Yaccarino, Joseph Von Eiff, William tin Eiff, William Angell, Theodore 4662 4674 4693 4713 4714 4715 4716 4717 4719 4720 4721 4726 *With the understanding that premises will be encumbered by appropriate restrictions, particularly as set forth by the Z.B.A. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. O. BOX 6 100 ■ (5 1 6) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE. NY 1 1788-0099 TELECOPIER (5 1 6) 853-4044 BOARD OF APPEALS TOWN OF SOUTHOLD (1-516) 765-1809 tela (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 Ccamlissiona X Variance from the Zoning Code, Article X , Section 100-102 Variance from Determination of Southold Town Building Inspector X Special Exception, Article 100 Section 100-101 BW Special Permit 4721 Var, Appeal No: 4-720 SE Applicant: William Von Eiff Location of Affected Land: 74605 Main Road, Greenport, NY County Tax Map Item No.: 1000- 45-4-5.1 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 utilize business zoned property for both business and residential Two uses - lot size Copies o own file an —re-T-ated documents enclosed for your review. Dated: 4a'&, r 1999 rg NATIONAL ATTORNEYST TITLE INSURANCE/ COMPANY TITLE NO. 12-17366 STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) GEORGE H.,HUBER and MADEL,INE L. HUBER. being duly sworn, depose and say that they reside at 7/+605 Main Road, Greenport, New York. That they acquired title to these premises by deed from Pierre' F. Townsend dated 29 May 1970 and recorded 4 June 1970 in Liber 6752 cp 69. That since that date your deponents and their daughter, Joan Huber, have continuously resided in the one -family dwelling on said premises. That since acquiring title to said premises your deponent, George H. Huber, has owned and operated a plumbing; business out of these premises and has continuously used the detached garage and attached one story frame shop and block building shown on survey made by Van Tuyl & Son 19 May 1970 for the storage of plumbing and heating supplies used in connection with said plumbin business. That attached hereto is a copy of said survey, That no one has ever filed a complaint against your deponent, George H. Huber, charging him with any violations of any kind of Southold Town Zoning Ordinances. That premises have continuously been used. by your deponents as a residence and place of business from 1970 to date. That since acquiring title to -the premises :in 1970 your deponents have not erected any buildings or additions on the premises requiring a building permit and Certificate of Occupancy excepting the addition of an enclosers patio to the existing one- Ifamily dwelling for which they obtained Certificate of Occupancy No. Z14481 from the Town of Southold Building Department. Sworn to before me this 18th day/0 f Vune, 1986 JILL L SILEVERMAN (detery Public. State of Now York No. 4$43189 Qualified in Nassau County 4.ammnissign Expire; March 30, 19_ I LJ HUBER DE _,IN , L, HUBER Talkowski-Smith Plumbing, Beating & Fuels, Inc. 49200 MAIN ROAD SOUTHOLD, NY 11971 765-1489 765--3690 May 10, 1999 William Franken 965 Osprey Nest Road Southold, NY 11971 Re: 74605 Main Road Greenport, NY 11944 Dear Mr. Franken: � GaAr Please note for your records on Nov. 30, 1997 we legally abandoned the existing 1000 gallon in ground fuel tank at the above stated address. The legal abandonment was as specified by Suffolk County Code. The tank was opened at the top, cleaned and filled with sand. The fill pipe was removed and the vent pipe capped at the foundation. The copper suction and return lines were capped at the tank. The tank was then recovered with the existing soil. Should you require any further information please do not hesitate to contact our office. Cordially, Jan Falkowski J ii h vin-ity �L,ufi;l :I,,U1JL .,ILidliLl T - 011 -r -'ICE O:= -_;JILDING INSPECTOIt TOWN HALL SOUTHOLD, NEW YOP.K CERTIFICATE OF OCCUPANCY NONCONFORIti1ING 1'FiEA11SES THIS IS TO CERTIFY that the ) XI Land M Building(s) I_1 Use(s) I Siff I Uuli, Io 10 Pre C.O. #-Z14403 Date- May► 16,_ 1986 located at 74605 Main Rd. Rt. 25 Greenport Street Hainlet shown on County tax map as District 1000, Section —4 5 Block 4 _ _ •_ Lot 5 does(tloOconform to the present Building Zone Code of the Town of Southold for the following reasons: Insufficient total area. Insufficient front & sideyard set -backs. Non -conforming with dwelling facilities. On the basis of information presented to the Building Inspeetorls Office, it has been determfried that1he above nonconforming yE/ Land % X$Building(s) /_/Use(s) existed op the effective date the present Building Zone Code of the Town 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: Property contains a one and one half story hr, rk -.building; attached to a one story block building; attached to a one story wood framed storage building. An accessory garage is in the rears and a hedge part way down the side line. Pr4aerty is situated* in the B-1 zone with access to Main Road. The Certificate is issued to GEORGE H. & MADELINE L. HUBER o: the aforesaid building. (owner. �}R$RnffxK1ffA) Suffolk County Department of Health Approval N/A U?gDERWRIT>rRS CERTIFICATE 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. ilding inspector -99 15:5y hunt-iZ9 aEVLNIII II IE 3U5 +51003[1 1-3r5 1' U5/Ii F-618 FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. , ... Z 14481 June 5..... .....•1986, • • - Date _ ......... . THIS CERTIFIES that the building , . • . enclosed patio addition . , , , . • . . Location ofPropert'y 74605 Main Rd. Greenport House No. . . Street •Namlec County Tax Map No. 1000 Section , ... 45 . , , , .Block' ..... , 4 ........:Lot................. Subdivision .............................. ..Filed Map No. ........Lot No. ......... .. . conforms substantially to the Application for Building Permit heretofore filed in this office dated June..4 , . , , 1 190 6 , pursuant to which Building Permit No. . , ? 4 93. ! .. • ..... . dated... , ,June 4 . - 19 Sf , was issued, andconforms to all of the requirements � ements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... ,-Enclosed, patio ,addition to existing one�famil dwelling. .. ......y...... ........... The certificate is issued to .......... . ....... GEORGE & MADELINE HUBER of the aforesaid building. Suffolk County Department.of Health Approval , , ,,, , ,, , , , , , , , , N / A , ... , , , , , UNDERWRITERS CERTIFICATE NO ... ..................... . .N /A, . , , , ... , . , ..... , , . . . ' • I . , • . •. Building Inspector new. 1/91 '.' � r ' - --- --- - � 17 Z ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR, OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: June 15, 1999 RE: Zoning Appeal No. 4721 - Wilhelm & Silke Franken (Von Eiff-contract vendee) Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 Transmitted herewith is Zoning Board Of Appeals Application 4721 - Franken/VonEiff. Also included are Z.B.A. Questionnaire, Applicant Transactional Disclosure Form, Notice Of Disapproval with Building Permit Application attatched, Certificate Of Occupancy dated June 5, 1986, Certificate of Occupancy dated May 16, 1986, Affidavit signed by George & Madeline Huber, letter to Gary Fish dated May 26, 1999 Letter Of Authorization, copy of Survey, copy of Tax Map, and copy of plans. There is no Environmental Assessment Form included, as stated in transmittal letter from Gary Flanner Olsen. 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 • PHONE 516-734-7666 FAX 516-734-7712 June 11, 1999 Re: Franken to VonEiff Our file # 6728 Dear Linda: Please be advised that I represent William and Kristin VonEiff who are contract vendees from Wilhelm and Silke Franken of property designated as 1000-45-4-5.1. Applicants seek to use business zoned property for both residential and business use. I am enclosing herewith applications for a special exception and an area variance. For the special exception application I am enclosing herewith the following: 1. Application. 2. Short Form Environmental Assessment Form. 3. ZBA Questionnaire. 4. a. Sketch plan. b. Pre CO 214403 and CO Z1481. 5. Seven copies of survey. 6. $400.00 Filing Fee. For the Variance Application, I am enclosing herewith the following: 1. Application. 2. Consent Form of Owner. 3. Environmental Assessment Form. 4. ZBA Questionnair. S. Seven sets of floor plans. 6. Seven copies of survey. 7. Check payable to Zoning Board in' sum Of $200.00. Very �G ANNER OLSEN GFO:lmk Southold Town Zoning Board of Appeals Main Road - Town Hall Southold, NY 11971 379 Riley Avenue Mattituck, New York 11952 May 26, 1999 Mr. Gary Fish Southold Building Department Main Road Southold, New York 11971 RE: 74605 Main Road, Greenport, NY Tax Map No. 1000-045-04-05 Dear Mr. Fish: We are presently in contract to purchase the above stated property and existing dwelling from Mr. William Franken. We are at this time requesting to reinstate the existing Certificate of Occupancy Nonconforming Use as a Business Property with an attached One -Family Dwelling. The stated property had been issued a Certificate of Occupancy Nonconforming Use in 1986, Pre C.O. # Z14403, with an affidavit stating that the one -family dwelling had been occupied by a family from 1970 through 1986. In 1986, a C.O. Z14481 had also been issued for an enclosed patio addition to the existing one -family dwelling. We are planning to use the property as built with no additional alterations at the present time. The property is still extremely suited to be used as a business and residential dwelling. The residential dwelling contains three bedrooms, a full kitchen and one and a half bathrooms while the business section has more than sufficient room to accommodate our business. The stated property containing the business building and attached one -family dwelling would allow us to expand our business into sign contracting. It would give us the opportunity to grow as a business in Southold Town while allowing us to reside on the same property. At this time, we would like to obtain a Certificate of Occupancy with a Nonconforming Use for this property. If this request must be denied by the Building Department, we request that we receive a disapproval as quickly as possible in order that we can apply for a July hearing with the Zoning Board of Appeals. As soon as a decision is rendered, we ask to be notified by telephone so that we can pickup the denial rather than having it sent by mail. We thank you for all your efforts in regard to this matter. Sincer y, o 11'1_4F William and Kristin Von Eiff r 7 -------------- - :.'_ :VILLAGE 0FGQEE1Npog7- (ToytlIce Iy ' 1-H,Bt�lvare Esiat`) s_—Pg ' :.x.89 f .. s®.co .tl e MAP OF PP_OPER,TY !- - Z FIR B G EORGE H, � MADE- U N'E HUBt-, .r OF SJ;J TB {,-,'LDJ N.Y iLz ° J LL o " 40 v Y �_ Nop n � 2 moi, .30"00 I � e W 5 GUARANTEED T'O THE-5ECU RiVY' T'i-L:= P,ND GUa,R,a.i'�T}[ COMPANY --- ASSURVEYE-D MAY 19.1970 VAN TUYL4 SUN f r'Lr'L°"e u UcENSED LAND SURYEYb S o CR.EENFORT' N.Y. ---_ 0 AREA.: 17.5371 / C;P-E SCALE_4 -f T lTLE No. a y v� Z 4-1 � PRIVY f 0; ,� Z FIR B G EORGE H, � MADE- U N'E HUBt-, .r OF SJ;J TB {,-,'LDJ N.Y iLz ° J LL o " 40 v Y �_ Nop n � 2 moi, .30"00 I � e W 5 GUARANTEED T'O THE-5ECU RiVY' T'i-L:= P,ND GUa,R,a.i'�T}[ COMPANY --- ASSURVEYE-D MAY 19.1970 VAN TUYL4 SUN f r'Lr'L°"e u UcENSED LAND SURYEYb S o CR.EENFORT' N.Y. ---_ 0 AREA.: 17.5371 / C;P-E SCALE_4 -f T lTLE No. NATIONAL, ATTORNEYS' 'T'IT'LE INSURANCE COMPANY TITLE NO. 12-17366 STATE OF NEW YORK.) ) ss: COUNTY OF SUFFOLK) GEORGE H. HUBER and MADELINE L. HUBER. being duly sworn, depose and say that they reside at 76605 Main Road, Greenport, New York. That they acquired title to these premises by deed from Pierre F. Townsend dated 29 May 1970 and recorded 4 June 1970 in Liber 6752 cp 69. That since that date your deponents and their daughter, Joan Huber, have continuously resided in the one -family dwelling on said premises. That since acquiring title to said premises your deponent, George El. Huber, has owned and operated a plumbing business out of these premises and has continuously used the detached garage and attached one story frame shop and block building shown on survey made by Van Tuyl & Son 19 May 1970 for -the storage of plumbing and heating supplies used in connection with said plumbin business. That attached hereto is a copy of said survey, That no one has ever fil-ed a complaint against your deponent, George H. Huber, charging him with any violations of any kind of Southold Town Zoning Ordinances. . That premises have continuously been used by your deponents as a residence and place of business .from 1970 to date. That since acquiring title to the premises in 1970 your deponents have not erected any buildings or additions on the premises requiring a building permit: and Certificate of Occupancy excepting the addition of an enclosed patio to the existing one - family dwelling; for which they obtained Certificate of Occupancy No. Z14481 from the Town of Southold Building Department. Sworn to before me this 18th day hof Vune, 1986 JILL t.. SILEVERMAN Notgry Pu61ia. State of RlnwVark too. 4843189 Qualified in Nassau County G.emYnismgn Expu as March 30, 19 or r 01 -7 -ICE I iUILDING INSP1:CT0lt _ OWN BALL SOUTHOLD, NEW YOP.K CERTIFICATE OF OCCUPANCY NONCONFORI fING PREh,11SES TIiIS IS TO CERTIFY that the fX/ Land itX! Building(s) /_1 Use(s) Pre C.O. #-Z14403 pat(i- May 16,1986 located at 74605 Main Rd. Rt. 25 Greenport Street Hainlet shown on County tax map as District 1000, Section 45 Block 4 Lot 5 , does(not)conform to the present Building Zone Code of the Town of Southold for the following reasons: Insuf4ioient total area. Insufficient front & sideyard set -backs. Non -conforming with dwelling facilities. On the basis of information presented to the Building Inspectors Office, f� it has been determined that)the above nonconforming/Land GkBuilding(s) rlUse(s) existed op the effective date the present Building Zone Code of the Town 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 ozcupancy and use for -,vhich this Certif'i- Property ontains a one and one half story este is issued is as follows: hr; cck bui 1 di ng s attached to a one story block buildings attached to a one story wood framed storage building. An accessory garage is in the rear; and a hedge part way down the side line. Property is situated in the H-1 zone with access to Main Road. The Certificate is issued to GEORGE H. & MADELINE L. HUBER (owner.Rf�fiR�t�E�FX3��) of the aforesaid building. Suffolk County Department of Health Approval N/A UN ERWRITEfiS CERTIFICATE 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. Building inspector .i15.,59 Frum-229 SEVEN SUITE 305 +5167421321 i-375 P 05/12 F-618 • ' , FORM NO.4 TOWN OF SOUTHOLD ` BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No.....z1k481...... .......June.• ............. ..... 1986 Date . THIS CERTIFIES that the building ,enclosed patio addition.................................. ddition. ....., . 74605 Main. Rd Greenport Location of Property .. ....... , ..... _ .... ..............Hamlet fioua® IVo. Street County Tax Map No. 1000 Section .... 4 5 .....Block ...... 4 .......'Lot .... 5........... . Subdivision .....* ....................... ..Filed Map No. ... X .... Lot No. .....X....... conforms substantially to the Application for Building Permit heretofore filed in this office dated June k 6 149362. � , e . ..... . . . . . . . . . ........ . 19p.. pursuant to which Building Permit No. dated ..... June 4 .. . 19 8� ,was issued, and conforms to all of the requirements .. of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... .-Enclosed patio addition to existing onevfamily.dwelling. . ... GEORGE & MADELINE HUBER The certificate is issued to .................... (ow+cier XeXiyt r?r ..................... of the aforesaid building. N/A Suffolk County Department.of Health Approval .................................. I ....... N/A UNDERWRITERS CERTIFICATE NO ......................... . ................ . ...... . .....!L.... ... Building Inspector Rev. 1181 74605 Main Road Greenport, N.Y. 1000-045-04-05 Cl CL65ET- -BANKOOM ------------------ bN 14 ------------ -- ---------- Wilhelm Franken and Silke Franken 965 Osprey Nest Rd. Greenport, NY 11944 June 10, 1999 To The Zoning Board of Appeals: The undersigned are owners of certain property known as 74605 Main Road, Greenport, New York, designated on the Suffolk County Tax Map as District 1000, Section 45, Block, 4, Lot 5.0. We hereby consent that William Von Eiff and Kristin Von Eiff, as our contract vendees, can make application to the Zoning Board of Appeals for n area variance and a special exception. lhelm Franke Si -Ike Franken QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION 11 A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Wilhelm and Silke Franken (owner) Willaam an ristan vonEIFE as contract vendees B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? ( X) Yes { } No. (If Yes, please attach copy of "conditions" of sale.) Applicants are contract vendees. C. Are there any proposals to change or alter land contours? { } Yes (g) 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, have you contacted the Office of the Town Trustees for i%s determination of jurisdiction? �N/ E. Is there a depression or sloping elevation near the area of proposedNconstruction at or below five feet above mean sea level. (If not applicable, state "N.A.") F. Are there any patias, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitti.ag? N/A 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 you or any co-owner also own other land close to this parcel? yes If yes, please explain where or submit copies of deeds. Tag lot 4.1 to west of subject premises is owned by Wilhelm Franken. I. Please list present use or operations conducted at this parcel premises presentlynot being utilized and aranased/luse afes" nce and business Sign u acturing Company) 6/11/99 PPLICANT TRANSACTIONAL DISCLOSURE FORH YOUR NAHE: V®nEiff, -William and_ Kristin (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate 'the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other (If "Other," name ttse 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 Southold3 "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 t•tle Town of Southold Title or position of that person Describe the relationship between yourself (tile 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 tier spouse, sibling, parent, or child is (check all that apply)s A) the owner of greater than 5% of the shares of the corporate stock or the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant-. DESCRIPTION OF RELATIONSIIIP Submitted this Ilthday of June1999 Signature Print name Updated 0 FOR BOARD AND STAFF USE New Information . Vo,v NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JULY 22, 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, JULY 22, 1999 at the time noted below (or as soon thereafter as possible): 6:45 p.m. W. and K. VONEIFF (Owners: W. and S. Franken). With respect to property known as 74605 Main Road, Greenport, NY; County Tax Map Parcel 1000-45-4-5.1, located in the B General Business Zone District, approvals are being requested as described below: Appl. No. 4720 for a Special Exception under Article X, Section 100-101B(5) for a single- family dwelling in an existing building; and Appl. No. 4721 for a Variance on this 23,396+- sq. ft. parcel, based upon a Notice of Disapproval dated June 14, 1999 which states: "Proposed project is in a B Zone, one -family dwelling use requested was pre-existing nonconforming that has lost its status pursuant to Article XXIV, Section 100-241G which states: ...Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary notwithstanding, 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. One family dwelling use is currently a Special Exception use in the B Zone (Section 100-101B-5). Pursuant to Article X, Section 100-102, Bulk Schedule requires 30,000 sq. ft. per business use, one -family dwelling use listed as N/A." 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. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: June 28, 1.999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski �.� @ NJF 1 ZONING BOARD OF APPEALS1 JUL 2 0 ���� �� TOWN OF SOUTIIOLD:NEW YORK --j,i' ------------------------------------------------------x L. ' rn the Matter of the Application of William and Kristin VonEiff AFFIDAVIT OF (Names of Applicants) MAILINGS Parcel ID #1000- 45 - 4 _ 5.1 ---------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Lorraine Klopfer residing at Delmar Drive, Laurel , New York, being duly sworn, depose and say that: On the 8th day of July , 1999 , I personally mailed at the United States Post Office in cutchogue , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (X) Assessors, or ( ) County Real Property Office Town of Southold , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (signature) Sworn to before me this 19t'd'a July '1999. DAM W. WEN Public) Public, State of N (Notary No. 020L6020974 all ied in Suffolk Co©1 ssion Expiaes Meech 8 PLEASE list, on the back of this AffidaNt or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices ivere mailed Thank you. I" NOTIFIED ADJOINING LANDOWNERS Tax Map # Name and address / 1000-1-1-1.1 Village of Greenport 23G Third Street Greenport, NY 11944 1000-45-4-4.1 Wilhelm Franken 9G5 Osprey Nest Road I P.O. Box 728 E/ Greenport, NY 11944 1000-45-G.1 Robert and Christa Brown Praity Lane Cutchogue, NY 11935 1000-45-G-5 M & N Auto Inc. West Front Street Greenport, NY 11944 1000 -45 -G -G Robert Brown P.O. Box 2050 Greenport, NY 11944 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of William and Kristin VonEiff (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 45 - 4 - 5.1 -----------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) i JUL � � � i AFFIDAVIT OF POSTING 1, William VonEiff residing at 379 Riley Avenue, Mattituck , New York, being duly sworn, depose and say that: On the 9th day of July ,1999 , 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 pl ce fo - sev y or to the date of the subject hearing date, which hea e o ly 22, 1999 ' (Signatu e) Sworn to befor �'t� — 19t1day of !.l , 9 99 L ------ ARNNER OLSEN Not Public tlotary Public, State of New York ( ) No 020L2959600 Qualified in Suffolk County/ r,nmmission Expires March 30, e-sy *near the entrance or driveway entrance of my property, as the area most visible to passersby. GARY FLANNER OLSEN ATTORNEY AT LAW ASSOCIATE DAVID WORTHINGTON OLSEN ATTORNEY AT LAW RO BOX 706 • MAIN ROAD ■ CUTCHOGUE, LONG ISLAND, NEW YORK 11935 ■ PHONE 516-734-7666 FAX 516-734-7712 July 19,1999 Re: Franken to VonEiff Our file #6728 Dear Linda, Enclosed please find a green card from the Polt Office, Affidavit of Mailing and a Affidavit of Po tiTig. Very t! / 4 yours, ARY PLANNER OLSEN, ESQ. GFO:lmk Enclosures Southold Town Zoning Board of Appeal Main Road Southold, NY 11971 Attn: Linda r Z 531 447 511 us -,Postal Service Receipt for Certified MaH No Insurance Coverage Provided. Do not use for International Mail See re ff ROBERT BROWN Street & Number V� v EENPORT NY 11944 Postage �j Certified Fee Special Delivery Fee Restricted Delivery Fee LO Return Receipt Showin tr & Date Deliver Whom CLReturn Receipt Shown t6IN m, U Q Date, & Addressee's 0 TOTAL, Postage &Ree 3 6 L M Postmark or Date E `o , tL U) 0- CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 516-734-7666 FAX 516-734-7712 1 July 8, 1999 w qRe: Franken to VonEiff Enclosed please find the mailing receipts and green cards. I am still waiting for the green card to berejz�i3rned for Robert and Christine Brown. Very t 'uly/ yours, 1,/ % Gary Flanner/ Ols GFO/tab Enclosure Town of Southold Zoning Board of Appeals Attn: Linda Main Road Southold, NY 11971 C� fL �//3 dlf� 4v yl -12L4-117. °a' .y N 9 ar s a t - iE N D -ER. ■Complete items 1 and/or 2 for additional serJices. ■Complete items 3, 4a, and 4b. ■ Print your name and address on the reverse of this form so that we can return this card to you. ■ mailpiece, or on the back if space does not Attach this form to the front of the permit. ■Write°Return Receipt Requested' on the mailpiece below the article number. ■The Return Receipt will show to whom the article was delivered and the date delivered - i MlJttt: ■ omplete items 1 and/or 2 for additional services. ■ omplete items 3, 4a, and 4b. ■ riot your name and address on the reverse of this form so that we can return this rd to you. lace, or on the back if space does not ■Attach this form to the front of the mallp' permit. ipt Requested' on the mailpiece below the article number. ■ Write'Retum Rece hom the article was delivered and the date ■The Return Receipt will show to w delivered. fla Article 3. ai y « to 0 70 N at 9 at C 0 i I Z Q G9 6 rn I I iv 4) .0 C O •o a� d E 0 rn C, W O 0 Q Z ¢ N W ¢, � � c PS Form 3811, December 1994 VILLAGE OF GREENPORT I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery I also wish to receive a r,, following services (for an extra fee): ai ' 1, ❑ Addressee's Address rl 2. ❑ Restricted Delivery ¢ Consult postmaster for= � I °v I Z 531 447 512 Y. Service Type t3 Complete items 1 andlor 2 for additional services. a Complete items 3,-4a, and 4b. o Print your name and address on the reverse of this form so that we can return this card to you. °Attach this form to the front of the mailpiece, or on the back if space does no permit. ® Write°Return Receipt Requested' on the mailpiece below the article number. ,a The Return Receipt will show to whom the article was delivered and the date delivered. , T07: I also wish to receive the j following services (for an extra fee): 1 i 1. ❑ Addressee's Address 2. ❑ Restricted Delivery ) Consult postmaster for fee. v Z 531 447 511 �NDER: ■ omplete items 1 and/or 2 for additional servjces. ■ Complete items 3, 4a, and 4b. ■ Print your name and address on the reverse of this form so that we can return this card to you. ■Attach this form to the front of the mailpiece, or on the back if space does not permit. ■ Write'Retum Receipt Requested'on the mailpiece below the article number. ■The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: 5 6. I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address a 2. ❑ Restricted Delivery N g Consult postmaster for fee. ®° c R. a ticle Number ai Z 392 185 218 ¢ acryL)r-K: ■ Complete items 1 and/or 2 for additional services. ■ Complete items 3, 4a, and 4b. ■ Print your name and address on the reverse of this form so that we can return this card to you. ■Attacp this form to the front of the mailpiece, or on the back if space does not perm�t. ■ Wr Pie etum Receipt Requested' on the mailpiece below the article number. ■The Return Receipt will show to whom the article was delivered and the date delinlred. ROBERT AND CHRISTA ?BROWN PRAITY LANE CUTCHOGUE, NY J I also wish to receive the following services (for an extra fee): 1 • ❑ Addressee's Address 2° ❑ Restricted Delivery Consult postmaster for fee. Z 531 447 514 11935 ❑ Registered ertified ❑ EYE,- Mail ❑ Insured ►!lietum Receipt for Merchandise ❑ COD L -C, 2 n 8. Addressee's Address (Only if requested t C� lam® and fee is paid) U (91G-,�, C1 D- I � 102595-97-8-0179 Domestic return Receip NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JULY 22, 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, JULY 22, 1999 at the time noted below (or as soon thereafter as possible): 7:20 p.m. W. and K. VONEIFF (Owners: W. and S. Franken). With respect to property known as 74605 Main Road, Greenport, NY; County Tax Map Parcel 1000-45-4-5.1, located -in the B General Business Zone District, approvals are being requested as described below: Appl. No. 4720 for a Special Exception under Article X, Section 100-101B(5) for a single- family dwelling in an existing building; and Appl. No. 4721 for a Variance on this 23,396+- sq. ft. parcel, based upon a Notice of Disapproval dated June 14, 1999 which states: "Proposed project is in a B Zone, one -family dwelling use requested was pre-existing nonconforming that has lost its status pursuant to Article XXIV, Section 100-241G which states: ...Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary notwithstanding, 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. One family dwelling use is currently a Special Exception use in the B Zone (Section 100-101B-5). Pursuant to Article X, Section 100-102, Bulk Schedule requires 30,000 sq. ft. per business use, one -family dwelling use listed as N/A." 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. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: June 18, 1999. BY ORDER OF THE SOUTHOLDTOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski