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HomeMy WebLinkAbout4246 F .3~ 1.~3_ ~~®R-~-s ~~2cn?.~.~s~ ~Sr_A_.Bc~Srl~lErrT APPEALS BOARD MEMBERS h~o~~gOFFOC~ coGy Southold Town Hall Gerard P. Goehringer, Chairman c 53095 Main Road Serge Doyen, Jr. rn x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4246. Application of LKC CORP. (also referred to as Ocean City or Jasta, Inc.) This hearing is pursuant to resolutions of the Board of Appeals adopted on June 13, 1994 and on May 15, 1995 to calendar and consider the use and operation of the establishment known as "Ocean City" and pursuant to Condition No. 6 of ZBA Decision rendered June 13, 1994 in which a Special Exception use will expire on July 31, 1995 for said drinking establishment and for which said Special Exception is listed as an allowable use under the provisions of the Zoning Code at Article XI, Section 100-101B, subject to specific conditions and requirements pertaining thereto. The premises is known as 6955 Main Road, Laurel (near the intersection of Bray Avenue, Old Main Road, and Main Road, Mattituck), and is located in the "B" General Business Zone District. Property ID No. 1000-122-6-26. WHEREAS, the Board of Appeals rendered a conditional determination on June S, 1994 that the new drinking establishment as submitted and as proposed to be operated met the standards on June 13, 1994 provided under Section 100-264 A through P, inclusive, and the use provisions of Article XI, Section 101-B of the Southold Town Zoning Code for a "drinking establishment" or "sports bar" - pursuant to the intentions confirmed by the applicants landlord and tenant, and agreement by both to comply; and WHEREAS, pursuant to Condition No. 6 of the Special Exception the Special Exception permit would continue until July 31, 1995 subject to compliance with all of the conditions established in the June 8, 1994 determination; and WHEREAS, on June 24, 1994, LKC Corporation received endorsement of the final surveys dated April 19, 1994 and June 20, 1994 by the Southold Town Planning Board Chairman Richard G. Ward; and WHEREAS, at a meeting held on May 3, 1995, this file was reviewed by the Chairman and Members of the Board of Appeals and a resolution was adopted to calendar this project for a 1 Page 2 - Appl. No. 4246 Matter of LKC Corp. Decision Rendered June 28, 1995 public hearing to be held on or about July 12, 1995, in order to meet the requirement of Condition No. 6 as stated "for a further public hearing and review" of all the June 13, 1994 conditions of the Special Permit and zoning code requirements; and WHEREAS, on May 11, 1995, and subsequently by telephone, written notice was forwarded to the applicants, landlord and tenant included; and WHEREAS, on May 15, 1995, a resolution was adopted to amend the date of the hearing to June 7, 1995, in order to allow more time for reviews and processing but also for the applicants to plan its submission which would support the upcoming review of this permit; and WHEREAS, on June 7, 1995 a public hearing was held, after due notice as required by law in the official newspaper of the town, and the applicants attended, requesting additional time to appear with an attorney; and WHEREAS, after receiving testimony from applicants and other interested persons, the public hearing was recessed as requested by applicants, and after additional notice in the official newspaper of the town, the hearing was reconvened, and all persons who desired to be heard were heard and their testimony recorded for the record again on June 28, 1995; and WHEREAS, the Board Members have carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members are familiar with the premises in question, its present zoning, and the surrounding varied zoning use districts; and WHEREAS, the Board made the following findings of fact: 1. The subject premises is known as 6955 Main Road, Laurel near Mattituck, Town of Southold, New York, and contains a total lot area of 20,000+- square feet, and was conveyed to Kenneth Coudrey on September 7, 1988, and later to his corporation LKC Corp. on October 27, 1992. 2. For the record, it is noted that the subject premises is located in the "B" General Business Zone District since the Master Plan amendments in January 1989, and for several years prior to the Summer of 1994, the building was vacant and unoccupied. Page 3 - Appl. No. 4246 Matter of LKC Corp. Decision Rendered June 28, 1995 3. The widest portion of the subject parcel is along the Main Road (New York State Route 25) with 115 ft. The property narrows down from the Main Road to the northerly end of the property to 75 feet. 4. The record shows a map for a parking area with 22 spaces, plus two handicapped spaces for a total of 24. The applicant applied to the Health Department and received conditional approval for a 75 person occupancy (maximum), including all employees. The applicant-tenant also assured the Board that the "mezzanine" area was not being used for occupancy (and therefore was not added as occupied floor area). If added, additional on-site parking would have been necessary under the building floor area/parking schedule of the site plan regulations. Compliance with 75 person occupancy was assured by the applicants when the original Special Exception was considered in 1994 and was made an express condition of the Special Exception granted. It was also an open condition of the site plan approved by the Planning Board. 5. The owner and operator of this establishment received a Special Exception permit for a drinking establishment as the "Ocean City" sports bar based upon the applicants' agreement and firm assurances to the Town of the following conditions: a) The owner and/or operator will provide parking attendants during high-occupancy hours (especially for evening events) in order to direct vehicles for appropriate parking on this parcel and to the adjoining Crenshaw parcel to the west, and with all efforts taken in avoiding hazardous or unsafe conditions to the customers, the traveling public, and adjoining property owners in the area; and b) The owners confirmed their understanding of the requirement for a maximum occupancy of 75 persons total at these premises at any one time, and admit that it is not possible to control the occupancy for this use and establishment; c) Overflow parking must be available on an adjoining parcel pursuant to the written two-year lease for overflow parking on the Crenshaw parcel to the west submitted May 17, 1994 for the Board's consideration and record; and d) Owner and operator are (and were) required to furnish a written detailed statement, under oath, as to the number of persons occupying the premises at any one time during this 10-month period between June 1994 and June 1995; and Page 4 - Appl. No. 4246 Matter of LKC Corp. Decision Rendered June 28, 1995 e) The occupancy at this site shall be limited to 75 persons, maximum total (building and outside areas), as agreed to and confirmed by the applicants in 1994 and which according to statements during the public hearings, including applicant-tenant's testimony, it is acknowledged the occupancy does exceed 75 persons causing overcrowding and unsafe conditions for parking, occupancy, noise levels, improper exiting and maneuverability, and there has not been sufficient proof by either the landlord or the tenant that this could be controlled in any manner; and f) Parking is limited to this site and the adjoining Crenshaw parcel to the west without parking along the shoulder of the Main Road or other unauthorized off-site areas. g) The total floor area of the building is 2800 square feet including the mezzanine level, and when proceeding with the site plan before the Planning Board in 1993, the occupancy was calculated at 224 persons requiring a total of 75 parking spaces (see Planning Board letter of October 1.9, 1993 to the applicant-tenant). Later, the applicant-tenant proceeded to apply to the Suffolk County Health Department for an occupancy of 75 persons (total on site). The applicant(s) assured the Town and County agencies that there would not be an occupany level above 75 persons at any one time, however, the applicants did agree and offered the overflow parking lease with Mr. Crenshaw without hesitation under the circumstances. 6. The Board Members find that the conditions of the Special Exception have been violated in the period from June 1994 to June 1995, as follows: a) Sufficient off-street parking has not been provided and the neighboring areas have been burdened with excessive parking from this establishment, and the testimony of the applicants indicated that this is not controllable since its patrons may park along private properties, along the street, without receiving parking tickets. b) Overcrowding and excessive occupancy with over 75 persons at the premises has been confirmed through personal knowledge of the building inspector, police officers, board members, and testimony received from the tenant during the 1995 public hearings as well as others; c) Condition #3 has not been complied with during the period of question, since applicant discontinued the lease with Crenshaw providing for the required overflow parking and which has resulted in significant disruption to neighbors whose Page 5 - Appl. No. 4246 Matter of LKC Corp. Decision Rendered June 28, 1995 property is used by the applicants' patrons for parking without the owners' consents. d) Statements under oath were not furnished to the Town by the tenant or the landlord pertaining to the numbers occupying the premises at peak periods, and Condition No. 4 has not been complied with during the operation of this establishment. e) Testimony and information have been submitted to show these conditions have not been complied, and rro evidence has been submitted by applicants to show that applicants can or will lease alternate overflow parking spaces or make any other accommodation for overflow parking; f) The applicants have not disputed the fact that the use extends beyond what was approved in 1994 for a "drinking establishment sports bar", and in fact the use has been involving other activities for a night club - which was not requested by applicants (or authorized) in the 1994 Special Exception. g) Testimony has been submitted, under oath, that the use as conducted during the last ten (10) months has created interference with the use of the neighboring lands (Tyler, Kreiger) as witnessed for breaking of beer and soda bottles, vandalism to private property, inappropriate advertising, litter and trash, unauthorized trespass and parking of vehicles, obstruction to neighboring entrances, "after hours" gathering of crowds, and other disturbances. 7. Article XXVI, Section 100-262C, subsection (1) provides that "...all conditions imposed by the special exception approval shall continue to apply unless they, by their express; terms, are of limited duration...." 8. Article XXVI, Section 100-263 of the Zoning Code states that (emphasis added below): "No special exception approval shall be granted unless the Zoning Board of Appeals specifically finds and determines the following: A) That the use will not prevent the orderly and reasonable use of adjacent properties or of propei•_ties in adjacent use districts. The record clearly shows that the adjacent properties have been prevented from orderly and reasonable use of their property Page 6 - Appl. No. 4246 Matter of LKC Corp. Decision Rendered June 28, 1995 created by the overcrowding and disruptive, disturbing actions of the establishment's patrons and visitors. B) That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established use in the adjacent use districts. C) That the safety, the health, the welfare the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location. The record clearly shows that the safety, health, welfare, comfort, convenience and order of the town have been disturbed and adversely affected to a degree which is virtually dangerous as confirmed by the testimony of the Southold Town Police Officers (see hearing transcript of June 28, 1995 and supporting documentation). D) That the use will be in harmony with and pimnote the general purposes and intent of this chapter. The record clearly shows that the use is not as requested in 1994 for a drinking establishment with a maximum occupancy of 75 persons, and extends beyond such special exception use (see testimony of June 7, 1995 and June 28, 1995 and record). E) That the use will be compatible with its surr,nuidin s and with the character of the neighborhood and of' the community in general, particularly with regard to the visibility, scale and overall appearance. F) That all proposed structures equipment and material shall be readily accessible for fire and police projection. 9. In consideration of the items listed under Section 100-264, this Board finds, for reasons noted above, that the applicant has not satisfied these areas, specifically those provided at subsections C, D, G, 11, I, J, K, N, O and listed below: C. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or_undue increase of vehicular traffic congestion on public streets, highways or sidewalks to assure the public safety. D. The availability of adequate and proper public or private water supply and facilities for the treatment Page 7 - Appl. No. 4246 Matter of LKC Corp. Decision Rendered June 28, 1995 removal or discharge of sewage refuse or other effluent (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use. G. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by, the publi c of parking or of recreational facilities if existing or jf proposed by the town or by other competent governmental agencies. H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequ•.le and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. I. Whether a hazard to life limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefore or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot. J. Whether the use or the structures to be used therefore will cause an overcrowding of land or undue concentration of population. K. Whether the plot area is sufficient appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. N. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. 0. Whether adequate provision can and will be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which th_c proposed use will generate. 10. a) Subsection C-2 of Section 100-262 provides that "...all conditions imposed on special exception approval uses generally or specifically by this chapter shall continue to apply, regardless of whether any such conditions were expressly incorporated into the special exception approval..."; and Page 8 - Appl. No. 4246 Matter of LKC Corp. Decision Rendered June 28, 1995 b) Subsections 2 and 3 of Section 100-262 reads as follows : (2) Noncompliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of the approval. (3) Activity beyond such approval: exceeding the scope of the activity, use or protect as the same was described in the application... " 11. The ZBA finds that the grant of the Special Exception was conditioned on applicant leasing more than 20 additional parking spaces for use by the applicants' patrons. By the applicant-tenant's own admission, applicants let the lease lapse and terminate, and failed to provide the required parking spaces to the patrons. As a result, the use has created a serious parking problem with people parking on private property owned by neighbors and littering these properties with broken beer bottles, cans and other trash and well as other disturbances as evidenced in the testimony. 12. The grant of the special exception was also conditioned on applicant providing valet parking to ensure that patrons used the applicant's parking facilities and to decrease the risks associated with patrons parking along Route 25 and Bray Avenue in nearby residential areas. Applicant admits that he has not complied with the condition by providing valet parking. Applicant claims that he has parking attendants, but the evidence indicates that this is infrequent and irregular. As a result, patrons park on adjacent private properties and create problems and disturbances with tittering of bottles cans, trash and unauthorized trespassing on these properties. Furthermore, applicants patrons park on Route 25 and cross the roads, into residential areas, creating traffic and pedestrian hazards and threats to safety. 13. The grant of the special exception was conditioned on applicants' limiting the number of patrons' occupancy to 75. Applicants claim that they cannot control the number of patrons entering, and there is evidence that this condition has been violated by the presence of 180 patrons on more than two occasions. Failure to comply with the condition exacerbates the parking problems, creates health code problems, and creates crowd-control problems that are dangerous and affect the health, safety and welfare of the patrons, neighboring properties, and passing motorists and pedestrians. Page 9 - Appl. No. 4246 Matter of LKC Corp. Decision Rendered June 28, 1995 14. The ZBA therefore determines that the special exception for a drinking establishment granted to LKC Corp. on June 13, 1994 is hereby revoked on the grounds that applicants have failed to comply with the terms and conditions of the approval. 15. The ZBA further determines that a continuation of the use, as conducted in the past 10 months, is not compatible with the character of the surrounding neighborhood and nearby use districts, and that the use is not within the scope of what was requested or approved in 1994. Accordingly, on motion by Member Tortora, seconded by Member Villa, it was RESOLVED, to DENY the renewal of the Special Exception Permit, and be it further RESOLVED, that the Special Exception permit issued on June 13, 1994 under Appl. No. 4246 by the Southold Town Board of Appeals in the Matter of the Application of LKC Corp., BE AND HEREBY IS REVOKED, for the reasons stated above. This (continued on page 10) Page10 - Appl. No. 4246 Matter of LKC Corp. Decision Rendered June 28, 1995 resolution shall take effect five days after the filing hereof with the Office of the Town Clerk. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Tortora. This resolution was duly adopted. /~GFRARD P. GOEHRIN R, CHAI N RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE (5 HOUR I Town Clark Town f 'out, old ~oSpFFO(KCOG APPEALS BOARD MEMBERS y0 'yj2 Southold Town Hall Gerard P. Goehringer, Chairman ca 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. y O~ Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION Appl. No. 4246 - LKC CORP. This is a request for a Special. Exception to establish (re-establish) a drinking establishing use as listed under Article XI, Section 100-101B of the Zoning Code in an existing principal building. The subject premises is nonconforming with a lot area of approximately one-half acre and 115+- ft. frontage along the north side of the Main Road and is located in the B-General Business Zone District. Property Address: 6955 Main Road, Laurel, NY; County Tax Map No. 1000-122-6-36. WHEREAS, after due notice, a public hearing was held on June 8, 1994, at which time all persons who desired to be heard were heard; and WHEREAS, Article IX, Section 100-101B specifically allows a "drinking establishment" in this B-General Business Zone District; and WHEREAS, the prior use of the subject building, as exists, was for a drinking establishment known as "The Raz-Ma-Taz" and which was established under the zoning code in effect prior to January 1989 and which did not require a Special Exception or other Zoning Board of Appeals action; and WHEREAS, the Board has considered the general standards listed at Section 100-263 of the zoning code, and determines that: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts; C. That the safety, health, welfare, comfort, convenience or order of the town will not be adversely affected by the proposed use and its location; D. That the use will be in harmony with and promote the general purposes and intent of this chapter (see notations, infra); Page 2 Appl. No. 4246 Aplication of LKC CORP. Decision Rendered June 13, 1994 E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance; F. That the building in which the proposed use is hereby authorized must be readily accessible for fire and police protection; and WHEREAS, the surrounding area consists of the following uses and business: (a) to the west are a car wash facility, car repair business (Tyler), masonry and landscaping businesses; (b) to the east are Kreiger Well & Pump, a hobby shop with retail sales, a newspaper publishing and distribution center; (c) to the south is the Main Road and to the southeast is a gasoline service station with accessory convenience store, (d) to the north is the L. I. Railroad; WHEREAS, the Board Members in making this determination, have considered subsections A to P, inclusive, of Section 100-264 of the Zoning Code, and finds that additional conditions and safeguards are necessary and are hereby incorporated in this permit as further noted below; NOW, THEREFORE, on motion by Chairman Goehringer, seconded by Member Dinizio, it was DETERMINED, that the within application meets all the standards and use provision of the zoning code; and it was further RESOLVED, to GRANT a Special Exception for the (re-instatement of) use as a drinking establishment pursuant to Article XI, Section 100-1018, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The owner and/or operator of this proposed establishment shall provide parking attendants during high-occupancy hours (especially for evening events) in order to direct vehicles for appropriate parking on this parcel and to the adjoining Crenshaw parcel to the west, and with all efforts shall be taken in avoiding hazardous or unsafe conditions to the customers, the traveling public, and adjoining property owners in the area; 2. This Special Permit is based upon the maximum occupancy of 75 persons total at these premises at any one time. Any increase in this maximum-permitted occupancy (established by the Suffolk County Department of Health Services) may require further application and re-consideration by the Board of Appeals, the Planning Board, and other agencies having jurisdiction hereunder. 3. Overflow parking must be available on an adjoining parcel. Presently, this permit is subject to the limited two-year lease for overflow parking on the Crenshaw parcel to the west. Further 1 Page 3 Appl. No. 4246 Aplication of LKC CORP. Decision Rendered June 13, 1994 consideration may be required in the event sufficient parking is not made available. 4. Owner and/or operator shall furnish a written detailed statement, under oath, as to the number of persons occupying the premises at any one time during the next 10-month period. 5. The occupancy at this site shall be limited to 75 persons, maximum total (building and outside areas), as requested. 6. This permit shall expire on July 31, 1995, and may be renewed, after a further public hearing and after further Board consideration of all the Zoning Code standards and considerations listed at Sections 100-263 and 100-264 pertaining to the effects of this use. 7. Based upon the Code of the Town of Southold, the use of the premises is limited to only one principal use. 8. This Special Permit is subject to the owner and/or operator's obtaining written approvals from the Southold Town Planning Board, the Southold Town Building Department, Suffolk County Department of Health Services, and any other agency having jurisdiction thereunder before occupancy; 9. The buffer zone area shall remain as shown (any change will require review and approval by the Zoning Board Chairman); 10. All lighting must be shielded to the ground and not be adverse to neighboring areas. 11. Parking shall be limited to this site and the adjoining Crenshaw parcel (during the term of the lease or agreement), without parking along the shoulder of the Main Road or other unauthorized areas; 12. Additional or overflow parking must be valet-type (with attendants). Additional or overflow parking is necessary by separate written agreement with the owner of another nearby land. Vote of the Board: Ayes: Messrs. Dinizio, Wilton and Goehringer. (Member Villa and Member Doyen, of Fishers Island, were absent.) This resolution was duly adopted. RECEIVED AND FILED BY IkFKE SOUTIICLD TOW14 CLERK DAT lio i? ERARD P. GOEH NGE CH RMAN ~ OARD OF APPEALS ,ice ....I Town Clerk, Town of ticuthc1d APPEALS BOARD MEMBERS O$UFfO(C ~O~ OG Southold Town Hall Gerard P. Goehringer, Chairman o y< 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 RobertA. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearing will be held at a Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JUNE 28, 1995, commencing at the time specified below: 7:15 p.m. Appl. No. SE-4246 - LKC CORP. (also referred to as Ocean City or Jasta, Inc.) This continued hearing is pursuant to a determination of this Board of Appeals of June 13, 1994, and consider the use and operation of the establishment known as "Ocean City" and pursuant to Condition No. 6 of said determination in which a Special Exception use will expire on July 31, 1995 for said drinking establishment and for which said Special Exception is listed as an allowable use under the provisions of the Zoning Code at Article XI, Section 100-101B, subject to specific conditions and requirements pertaining thereto. The premises is known as 6955 Main Road, Laurel (near the intersection of Bray Avenue, Old Main Page, 2 - Legal Noti&-w, ? 'Special Meeting of June 28, 1995 Southold Town Board of Appeals Road, and Main Road, Mattituck), and is located in the B General, Business Zone District. Property ID No. 1000-122-6-26. The r Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above' matter- Written comments may also be submitted before or during. this hearing. If you wish to review" the file or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: June 9, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalslti X J- ru s / / v -c -t- d m TOWN OF SOUTHOLD, NEW YORK ~o APPLICATION FOR SPECIAL EXCEPTION - Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SSOUTHOLD, NEW YORK: I (We) C Cd d1 ?QT~t c-Jf~ s ec zs of Q es Residence, House No. and Street l flfl 5-£i 79-r0 73 am ,.State, Lip Lode, e ep o um er hereby apply to THE ZONING BOARD Of APPEALS for a SPECIAL E CEPTION in accordance with the ZONING ORDINANCE, ARTICLE / b 6 SECTION Q ' SUBSE .iv / 6 C1 QJ s IGN1 for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): S o `°fS 4Sa~ / VIC1 0~isaf~ C~4v,~(iS1?3~~ A. Statement of Ownership and Interest. g - ~y»o r~7.aJ/~'1..vd.roz /ZLr Gi° fn~k~S~l~yl, pz , ~ ~ the owner) of property kow'.n° and referred to as 15 _V House No., Street., Hamlet identified on the Suffolk County Tax Maps as District 1000, Section jL , Block 6 , Lot(s).+ which is not (is) on a subdivision Map (Filed , "Map of _ Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described: property was acquired by the owner on B. The applicant alleges that the approval of this except p would be in harmony with the intent and purpose of said zoning' ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is the subject of this application is zoned and [ i.s.consistent with the ,use(s) described in the Certificate of Occupancy being furnished herewith. is not, consistent with the Certificate of Occupancy being furnished herewith for the following-reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss.: [~7% n ure ~Ke~ztf C,oirA 1, SeC_r"~r Sworn to before me this// day of Ale ~ 19 o ary u i c NOiA~ BLICK Gt MEYER f NeJ C State of Nsw Yerlc No. 52-4619349, Suffolk C ZB2 (rev. 2/6/86) Term Expires lanuag31,1 Nn o ~`Q 3 4D q Z 3 z m , rt, k Z ~J A _ D ~9 VD u tv Z 1-N i r C 4 IA, - r V w D fl m c°~ ti, C~k m i ~ ~ ~ ac C EA 21 m } 70 A'r n ~ ao ~ C i. ~ ~ D > e~ L.h71/ p G ro y m o tl r O O ~T o _ a L .3 O _ _ziZi s asp ` G~ > 3/ Izz 70 G) G) 10 0 `v cl~ pia t >I y~ 9 V7 ` - 1 N, :1 6 ~ c p, C, k al S cu i 7 ~ II u Ile\ h aOV d h -I 2 g o,~ o a x vX X z ~ CD 0 fl o 1 3 t ISO 9j 5J, n }R L1 I _ F C \ W w Z 4 6 ~ iG3 T S IT 70 m m 1 o° o c~ m 3 m 3( o_ A v p o m ° o o n m n @, r O x _ .r 10-0 O i 0 0 cm, 00 zzi 0- O C f a t tit a~ - - - - - - - - - - - - APPEALS BOARD MEMBERS O~~$UFFO(,~ hy. GGj Southold Town Hall Gerard P. Goehringer, Chairman o° < 53095 Main Road Serge Doyen, Jr. ti x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa ~y?~0 a0~ Fax (516) 765-1823 Lydia A. Tortora ~N * Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM TO: ENFORCEMENT DEPARTMENT Attn: Ed Forrester FROM: BOARD OF APPEALS DATE: JULY 5, 1995 SUBJECT: LKC Corp. - Property at 1000-122-6-26 (Ocean City) SE #4246 Transmitted for your file and information is a copy of the Board of Appeals determination rendered on June 28, 1995. Also attached is a copy of the resolution adopted by the Planning Board on June 24, 1995 pertaining to site plan approval for this zone district. As confirmed with you last Friday, the use under the Special Exception is no longer effective for a drinking establishment after Wednesday, July 5, 1995. Tbank you. cc: Building Department Town Clerk's Office j H APPEALS BOARD MEMBERS G¢~~S11 C~_~ Jr~~O ~Gy Southold Town Hall Gerard P. Goehringer, Chairman c ~'J 53095 Main Road Serge Doyen. Jr.N z P.O. Box 1179 James Dinizio,Jr. O 4 Southold, New York 11971 Robert Villa a,~,~fo .,jy ' Fax (516) 765-1823 Lydia A. . Tortora ° Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 30, 1995 Frederick C. Meyer, Esq. 10 Sagamore Road Shinnecock Hills, NY 11946 Re: Appl. No. 4246 - LKC Corp. Dear Mr. Meyer: With reference to the above project, transmitted for your record is a copy of the Board's findings and determination rendered at our meeting held June 28, 1995, at which you were present. The original has today been filed with the Office of the Town Clerk, and the five-day period will end on Wednesday, July 5, 1995- Your permit is considered revoked and the establishment should not continue operations after July 5, 1995. Very truly yours, i. GERARD P. GOEHRINGEle CHAIRMAN '14closure Copy of Decision to: Town Attorney's Office Mr. James Lebkuecker Mr. Kenneth Coudrey LKC CORP. .~3^tLLwv A . To: Mary E. Hibbetd, M.D., M.P.H. Commissioner 0 a e~~' From: Dennis Moran, P.E. m %o cz Chairman, Board of Review s o" :m Subject: Report of Findings and Recommendations of the Review Board Regarding: N o L~ Evaluation No. F93-135, Ocean City Club, Property N!S Main Road, 2 N 2933 Ft. W/0 Factory Avenue, Laurel, Town of Southold cn N SCTM 1000-122-6-36. t Applicant: James Lubkuecher, President Jasta, Inc., Main Road Laurel, New York 11948 Notice of Hearing: November 30, 1993 - Hearing Date: December 15, 1993 Statement of Problem The project sewage design flow exceeds population density equivalent as required by Article 6, Section 760-607 (La and 2.a) of the Suffolk County Sanitary Code. Findings and Facts 1. Applicant is proposing to reopen an existing tavern with a 75 seat capacity. The tavern has been closed since 1986. 2. The site is 17,850 square feet in area with a 2,800 square foot building structure. The facility was built in 1973 with an expansion added in 1983. 3. Site is in Groundwater Management Zone #IV. 4. Public water is not available; on-site existing well to be used. No water quality data provided to the Board. Well is approximately 75 feet from a sanitary leaching pool. 5. The allowable yield at density 123 gpd (300 gpd exemption); the design flow is 1,025 gpd. 6. Prior permits issued for 140 seats (Razarmataz). Sanitary system constructed and approved to accomodate 140 seat capacity (MA-30A). "Town F1d„ 53093 Mein Road P_O. Box 1179 ork 11971 ~ . `Geo9e Fachild (,Oallr„k Southold. New York ' Bennett OdWMK Jr Fax (516) 7653136 Mark S. McDonald_ - Telephone (516) 765-1938 Kenneth L Edwards PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman, Zoning Board of Appeals ~7 From: Richard G. Ward, Chairman i4l z RE: Your coordination request for comments on Jasta Int. (formerly Directors Seat/ RAZ MA_TAZ) Main Road, Mattituck Zoning District: General Business (B) SCTM# 1000-122-6-36 DATE: June 7, 1994 The following is in response to your request for comments on the above Special Exception. This Board based its parking calculations on the Board of Health maximum occupancy of seventy five people. As such, the on site parking spaces are adequate. The Board is aware that Jasta has a signed agreement with Mr. Crenshaw to park overflow cars on his property for a period of two years. This Board has no objections, and would encourage your Board to impose any additional conditions as you feel appropriate. Cc: Thomas Fisher, Senior Building Inspector In Charge Tl a .y mow.. H o `vpJ/~~TQ~ y ~ :I 1tR "i. r z~ w I% 411. 5 - i S ~ _YJr~~ k I, JJ~ v no:., i Sennett Orloersld. J?.` Fax (516) 7653136 Mark S. McDonald Telephone (516) 765-1938 Kenneth L Edwards PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 16, 1994 James Lebkuecher Ocean City Club P. O. Box 843 Jamesport, NY 11947 RE: Site Plan for Jasta, Inc. Formerly RAZ-MA-TAZ Route 25, Mattituck Zoning District: General Business (B) SCTm# 1000-122-6-36 Dear Mr. Lebkuecher: This letter will confirm our discussion regarding the above project at the Planning Board's work session on March 14, 1994. A covenant and restriction was requested by the Planning Board to the effect that when the current leases expire for the Ocean Club and the overflow parking on Mr. Crenshaw's property, continued Planning Board Approval for the site plan will be contingent on two new leases of the same time period for the club and the overflow parking on Mr. Crenshaw's property. You had agreed to discuss the possibility of a gate between your property and Mr. Crenshaw's. The Plan must have the name and address of the person, firm or organization preparing the plan, sealed with the applicable New York license seal and signature. The Planning Board has received one copy of a site plan dated March 11, 1994. Before any possible final approval the Board must have six copies of the final plan with the seal and signature. If you have any questions, or require further information, please contact this office. 1! - Main ' Wehard C. gtud, Chslt _ Town H P. 63095;79 Bond George R1trLle l.athaen Jr. _ f Hox rk 11971 Hecvwtt OrknvsId. Jr Sou[hoW, New York Mark S. McDonald Kenneth L. Edwards PLANNING' BOARD OFFICE Fax (516) 765 - 1823 Telephone (516) 765-1938 BOUT ` TOWN OF SOUTHOLD I October 19, 1993 James Lebkuecher ocean city club P.O. Box 843 Jamesport, NY 11947 RE: Proposed Nite Club, Ocean City, Formerly RAZMATAZ Route 25, Laurel Zoning District: General Business (B) SCTM# 1000-122-6-36 I Dear Mr. Lebkuecher: The Planning Board has received your revised site plan dated September 30, 1993. The parking calculations for a drinking establishment are as follows: 1 space per 3 seats or 1 space per 100 square feet of floor space, whichever is greater. Using the total occupancy of 224 persons, as indicated on the site plan, would require a total of 75 spaces. Using the alternative calculation of 1 space per 100 square feet of floor space including the building, mezzanine and patio would equal approximately 11,100 square feet or 111 spaces. Either calculation is greater than the 45 spaces shown on the - site plan. A revised site plan showing the required number of parking spaces must be provided before the Board can continue with its review. t t MJ _f y'°~'ou have' any -questions, or r`-e4uirc further information, please contact this office. cCrely, 6R R ;h4 S G. Ward Chairman cc: Thomas Fisher, Building Inspector In Charge i I i i i llrd O. MN- •o! '-k yb ` Ze...w O l.~.ae.d - ~v se fb'~Ks cwi V~am Jr New York 11971 Bennett Orbwsk4 Jr. sout8od. Mark S. McDonald Kcmcth G Edwards Fax (516) 765 - 1823 PyANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD October 26, 1993 James Lebkuecher Ocean City Club P.O. Box 843 Jamesport, NY 11947 RE: Proposed Nite Club, Ocean City, Formerly RAZMATAZ Route 25, Laurel Zoning District: General Business (B) SCTM# 1000-122-6-36 Dear Mr. Lebkuecher: As discussed with you at the Planning Boards public meeting on October 25, 1993, the Board requires a specific commitment from your neighbor Mr. Crenshaw to use his property for overflow parking. This commitment could take the form of C & Rs in his deed or a long term lease that coincides with your lease. The site plan dated June 24, 1993, by Mr. Garrett A. Strang shows two proposed additions to the building and an enclosed deck. Do you plan to proceed with this expansion? If so, this additional floor space must be included in your parking calculations. If you have any questions, or require further information, please contact this office. Vi ly G. Kassner Site Plan Reviewer CC: Thomas Fisher, Building Inspector In Charge action of Proceeding hereinafter +y~- is ally as all right to trial by inry =d may be a Pte' si . 'g ~e the. under r.o.e~ tt97t souv 765-1823 Wwv OFFICE r OAS oew t°Oaa $ pLD s 14 EAW ~e P~ ~,L~~,~~ OF soUTII ,~il ~ 1936 w (516) 765- 1 10+ 1993 .~•.'Y• ; November es LebkueC er1Y ~ZMp,TA2 x 843club angocit'y p.0• City, FOB 1194 .0- <o°rt, Ocean Club lB) RE= PTOPos, rel + Business vLo~te 25.strict. General d,s work SCTM 1.000-122-6-36 planning $Oas are Mr. Lebkuecher %r Kill at t tj,, it ire view Dear and 8 1993 th its with Y°vemb roceed wi Prepared by a Monday As discussed 0the Board can P survey with the on on session ed before t referee°engineer sealed and nature. r<iul i licensed k 9 area le The le New York license e shown• A aPP1iC~ aved area mremainder of the Par n the of P the o Limits letien °f indicated ~I for combe indicated• should be and wattage. should lightinof fixture and ed outdoor type als Any PrOP should sh°`~ Showing maters Cy3' plan. ile Proposed Sign an that N sketch of any on the P1 tation patrons' color- for P not to . 6jea used to be owing or Plans showing is no fence 5 2zanlne on the Plan, the me the notation by name. 64?-( movalof identified spaces emoved , t should be arging /11* ertY to the we barriers from Parallel P i8. Removal of ide of Property' on east s 9. A lease from your neighbor permitting over flow parking on his property. This lease should be for the same time period as your lease. New York State Department of Transportation and Suffolk County Department of Health Services permits are required before the Board can give any possible final approval. If you have any questions, or require further information, please contact this office. (7e~ e G. K a s s n e r Site Plan Reviewer CC. Thomas Fisher, Building Inspector in Charge j § 13.38 NEW'YORK ZONING'." AGRICULTURE, COMMERCE, INDUSTRY § 13.40 to specific standards must deny such, a permit: where anfappli- A site plan. for a free-standing restaurant may be denied cant fails to comply with the standafda Xhadle v Zbntfig,Bdi of `there the zoning ordinance, by, a. fair construction, allowed Appeals, 121 AD2d 447, 503 NY82d 141 (1986, 2d Dept) restaurants and certain other uses accessory to hotels and A limitation on the height, of +buildings dose `not iipplyf-• td a motels. Dowd v Dawley, 126 Misc 2d 741; 483 NYS2d 884 (1984). transmission tower located itt:a?distrlet'Where-s11ch'towef%''"are Proof that a restaurant could be operated more profitably if a expressly permitted:' Jaffee on'bdhalf ofteagairibdrPfessi-Vatiotl variance were granted to permit it to expand ten additional feet Alliance v RCI Corp.; 119 AD2d "854, 500 NY82dr427'(1986 "3,d into required yard space is insufficient to entitled the owner to a Dept). variance. CDK Restaurant, Inc. v Krucklin, 118 AD2d 851, 600 An action to enjoin the cohstriidtton bf' a:~'a"dib''toWer icannot NYS2d 339 (1986, 2d Dept). be sustained where the plaintiff'fails" to show that''tle pri¢tiosed Denial;of, a- permit for an outdoor restaurant in a CM-1 zone tower would adversely e6d'the' '4v d'fW'b'f"'his"p'ro132tty:"Allen was improper, where restaurants were permitted in the district, Avionics;' Inc; v UniversiilWoad6hAing Mip';' 118 AD2d' 627; and regulations in a different district specifically required that 499 , NYS2d 154 (1986; 2d Dept) " restaurants be fully,.enclosed. _ One Pelham ; Rd. ; Co, v Paduano In the absence',of a `ehowi>ig ~that~'an 'oziditfae ,fa{lecl"to 123 AD2d 768, 507 NYS2d 242 (1986, 2d Dept)., accommodate` the reasonable needs"of ittmatcur' t~adio' req{ire An ordinance which limits to, three the number. of musicians ments, an ordinance which regulates the height of radio anten- who may provide incidental music in an unlicensed eating and nas is not invalid., People, V ,K mko, 548 NI'32dr 615 (1989„ Vi11 drinking establishment has a reasonable tendency to protect the CO. neighborhood against excessive traffic and noise. Chiasson v New A memorandum opinion.by the Fe4er4Communicationa Comp York .City Dept. of ,Consumer, Affairs, 132 Miec 2d 640„ 505 mission, does not establish; ;ap absoluterlpreemption of, all,state NYS2d 499 (1986). and, local : regulation of, the height;; of 'amateur7radio„ antennas, ordinance which restricts the type of instruments which Peo 1e. v Krimko 648 NY$~d 61b (1983,, €Vi11 Gth s r may t to provide, incidental music in unlicensed eating p and drinking; establishments, violates the First Amendment A variance granted to permit.cbnstructioii of'a radio, antenna rights of musicians. Chiasson, v New. York Cit De t higher than permitted; by, _thd• zoning! regulatibris. was.+eustained p . of Con- where the board had properly balanced the health, and, safet aumer Affairs, 132 Miac 2d 640, 605 NYS2d res (1 1986). y A variance to maintain a restaurant in a residential neighbor- interests of the community with-the Federal,mterest in.pr6mot hood must be denied where the restaurant and an 'attached ' ing'amateur radio commumcations.:•Basile:wiTdwn df.Brookhh~ parking lot'will'change the'essential character of the neighbor- ven,470 AD2d 1043,(4th-Dept; 1991);-« ;r ur."er ur „ hood. Lo Guidice v Wallace, 118 AD2d 913, 499 NYS2d" 812 Denial of environmental approvalk of a-site, plan'f&r comineN (1986 3d Dept)cial radio transmitters solely on aesthetic grounds wablimp`ropd,, The graiitmg of a use variance to operate a restaurant in a 13 where the applicant has addd8W eip@i t' f.6Atiin6iiy, tli&6 aeesthetic . residential district ' is not 'warranted by a showing that the problems-had been met dnd'opponents had'tibv,proddm-&Man- property will earn'14.2% on, investment as a restaurant but only tervailing evidence. •`WEOK rrBrdltdciiating bbrp 'v"' Plahfiiiig 3.6% used In a Manner permitted by the ordinance. Lo Guidice v Board, Town of Lloyd, 568' NYS2d 974`(3rd Dbpt# 1991)MT 79 Wallace 118 AD2d 913 499 NYS2d 812 (1986, 3d Dept). NY2d 373, 583 NY32d 170.", i y r i " 1 q r ` + + :1;%,, + The planning commission of the city had authorit to V S:l" 13 7:. „ l:+•:' Y grant to § .39. Restaurants and bare.. restaurant owner a special • permit to validate an 'expansion of the premises which was accomplished' 13 years earlier. Bailey v A zoning provision which. allows-eating and, drinking establish- City Planning Commission, City of Rochester, 584 NYS2d 377 ments "without recreational dancing! id:not,iivalid)iDancing".is (4th Dept, 1992). not free speech protected by ;the ::y,first--i smehdmdnt Kent's Lounge, Inc. v New York, 104 AD2d 397;.478 NY62d' 928 -(1984; § 13.40.-Fast food establishments. Dept)' j' A moritorium on the issuance of fast food restaurant permits 122 123 _ TOWN OF SOUTHOLD, NEW YORK Wyro0,~ APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: p I (We)Cd~~~Q~l) z.k„ecjofo~ p3 Residence, House No. an Street SfAer 7a9-,073 am State, tip Code, elephofte um r hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL ECEPTION in accordance with the ZONING ORDINANCE, ARTICLE / p 6 , SECTION 16( 8 /6) '.SUBSECIION- for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): S 2tS (~0. /D+-inbh(4 eT4n, s~Kn2q 1aaeJ~ A. Statement of Ownership and Interest, s -(i,~ s•(ape) the owner(C) of property own an re erre to as 7 2 l- ouse No., treet., Hamlet) oc , identified obi the Suffolk County Tax Maps as District 1000, Section &ty~ HI Lot(s) )rp , which is not (is) on a subdivision Map (Filed. , "Map of Filed Map o; and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property Was acquired by the owner on S~f Z25 lq.6e B. The applicant alleges that the approval of this exception Would be in harmony ,with the intent and purpose of said zoning ordinance•and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons,,;. C. The property which is the subject of this application is zoned and [ is.consistent with the use(s) described in the Certificate of Occupancy being furnished herewith, is not Fonsistent with the Certificate of Occupancy being furnished herewith for the following reason(s): ] is vacant land, COUNTY OF-SUFFOLK) STATE OF NEW YORK),ss,. g ure ICeM coudr SeCr 4dr Sworn to before me this rday of 19 FREDER bK C; M RJ ' EYE ; C:o a ry u cc NOTARY POBUG State of New.hell{„~d, , v' o.52 CWnN; k' e ' T l3l, ZB2 (rev, 2/6/86) ermEzp ~res anuary 0 FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. ..Z129.5.3 November 1 984 Date 1 THIS CERTIFIES that the building . . . . . ....Addition. and. Alteration . . . . . . . . . . . . . . . Location of Property ...6955 Main Rd. (RT. 25) Laurel House No. Street Hamlet County Tax Map No. 1000 Section ..122....... Block ...06..........Lot ,036 Subdivision .........X .....................Filed Map No. ........Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated Aril 30 19 84 pursuant to which Building Permit No. , 13155Z dated May . 24 19 84 , 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 Addition to Existing.TOilet Rooms & Alter 2nd Floor To Mezzanine The certificate is issued to DAVID.SALAND (owner, lesseeeuaAer+tl of the aforesaid building. Suffolk County Department of Health Approval N/A, , , , , , , , , , ; , , , , , , , , , , , , , , , , , , , UNDERWRITERS CERTIFICATE NO N6617.5.8 Building Inspector Rw. 1/81 APPEALS BOARD MEMBERS o~~gUFFO(,f c h GGy Southold Town Hall Gerard P. Goehringer, Chairman cue 53095 Main Road Serge Doyen, Jr. W x P.O. Box 1179 James Dinizio, Jr. O ae Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 9, 1995 John R. McNulty, Esq. McNulty-Speiss 633 East Main Street Riverhead, NY 11901 Re: Appl. No. SE-4246 - LKC Corp. (Ocean City, Coudrey, et al.) Dear Mr. McNulty: We were advised at our meeting held on June 7, 1995 that you were contacted but were unable to represent the owner or tenant of property located on the Main Road, Mattituck, due to prior commitments. For your update, we are sending you a copy of the Legal Notice which confirmed that the hearing will continue on Wednesday, June 28, 1995 at 7:15 p.m. at the Southold Town Hall, Main Road, Southold, New York. The Board has indicated that there will be no further postponements permitted. Please let us know whether or not you will be representing the applicants in this project in order that further updates may be forwarded to you. Thank you. Very truly yours, ~OW~a~G da Kowalski Enclosure (Legal Notice) Transmission also by Fax to 927-8262 APPEALS BOARD MEMBERS SUFPaI,~ ~~0\~ COGy Southold Town Hall Gerard P. Goehringer, Chairman c 53095 Main Road Serge Doyen, Jr. ti x P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa ~Jj~l ~a0 Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 9, 1995 William C. Goggins, Esq. 55000 Main Street P.O. Box 559 Southold, NY 11971 Re: Appl. No. SE-4246 - LKC Corp. (Ocean City, Coudrey, et al.) Dear Mr. Goggins: We were advised at our meeting held on June 7, 1995 that you were contacted but were unable to represent the owner or tenant of property located on the Main Road, Mattituck, due to prior commitments. For your update, we are sending you a copy of the Legal Notice which confirms that the hearing will continue on Wednesday, June 28, 1995 at 7:15 p.m. at the Southold Town Hall, Main Road, Southold, New York. The Board has indicated that there will be no further postponements permitted. Please let us know whether or not you will be representing the applicants in this project in order that further updates may be forwarded to you. Thank you. Very truly yours, Linda Kowalski Enclosure (Legal Notice) Transmission also by Fax to 765-2752 I Page 10 - Hearingoranscript " 4 Regular Meeting of June 2 8, 1995 Southold Town Board of Appeals the Town Board for going after the State and requesting this. As you know, that there was a vast change in the State last November, ok. And that's what held up this letter from the D.O.T. Not the Town Board. Not our reluctance to do it. But basically that type of situation. I'm sorry. You can continue. MR. MEYER: No, sir. As applies to that I am happy to be hear representing the landlord. Because we read the initial conditions. We were told that there was a lease in place with Crenshaw, that there would be parking available at the concrete place, and we believed until June the 9th that that was in fact occurring, and there was no notice from the tenant or from the Town to the landlord that that was not the case, and I believe that having become aware of the fact that the terms which you stipulated in your initial grant were not being obeyed, you could have before - you were not required to wait until the renewal period. That you had the authority to terminate the special exception as soon as those conditions were violated. CHAIRMAN: You are absolutely correct. But we had no notice. Now, we have a landlord who signed the lease, who saw conditions stipulated by this board, saw the effoation, the effuation of the leases, and those things necessary to carry out everything that this board said and from July of 1994 to June 8th of 1995, had no notice of any violation. He has a significant amount of money invested in this property. He has a lessee who obtained a liquor license to come in and run the place and he has valuable property rights at risk, and his first notification was June the 9th, 1995. And I assure you, I know my client. I've represented him Page 11 - Hearing4oranscript • Regular Meeting of June 2?, 1995 Southold Town Board of Appeals regarding many other properties for some years now and had he known that your regulations were not being obeyed. CHAIRMAN: Yes, but you know it now and we're still within the period. So that's basically the issue at this point. MR. MEYER: We know it now, and now we can take action. SECRETARY: How is he going to-- MR. MEYER: Well we have a tenant in violation of his lease. Now we have a situation where this lease has an option. It's a two plus five. Now it's the tenant's option, but if the tenant by the terms of the lease is in violation of the lease and he loses his license, and because of his own act, he can't continue to rent, we have property rights that we can enforce at law against him. The problem we have is that this right to use this property, as far as I know, it's the only use that it's ever had has been as a bar. The right to use this property as a sports bar is an inherent property right of my client which he's going to lose if you deny the special exception. If you deny it to this tenant, I would ask you to consider if we can make application to continue the use with another tenant, because I think there are two people at fault here with all due respect to this Board. Number One is the tenant who didn't comply. And I'll tell you another reason why I was very much surprised when I was called in. When we negotiated this lease, the tenant's attorney was Michael Hill, who I've known and respected for 15, 20 years. And I thought he was under the guidance and counsel of an attorney. And I find out since that he's discharged Mr. Hill. So this was a surprise to me because I frankly think that he had been taking Michael Hill's advice, he wouldn't have made the moves that he made. So now we are in a Page 12 - Hearinpranscript • Regular Meeting of June .2k, 1995 Southold Town Board of Appeals situation where we have a valuable property right which the landlord is about to lose because of conduct of the tenant of which he had no knowledge and the other party I hold at fault, is the Town. If you have let me just finish the thought - if you had knowledge that there is overcrowding in this place, I don't know why someone didn't ask the fire inspector to go down there on a busy night and make an official report, then by State Law we would have been notified. MEMBER TORTORA: What you were notified of that this was a conditional permit, were you not? You knew that a year ago. MR. MEYER: In July, yes. MEMBER TORTORA: You knew that a year from now the conditions of this permit would be reviewed before it was renewed, is that correct? MR. MEYER: Yes, we knew that. MEMBER TORTORA: So that you knew that all of the conditions of that permit had to be met in order for it to be renewed so how can you claim you didn't know? And the conditions included. The lease with the parking. Attendants. The occupancy. How can you claim you didn't know? MR. MEYER: Let's take them one at a time. At the time that this Board granted its approval there was a written lease for the parking. Or it says so in the transcript anyway. MEMBER TORTORA: But your client agreed and if you had reviewed the hearing even a year ago, your client agreed to uphold the terms of that. That's in the testimony. Not the lessee. Your client. Your client agreed to assume responsility for the lessee. Page 13 - HearinAranscript • Regular Meeting of June ~2f, 1995 Southold Town Board of Appeals MR. MEYER: He had absolutely notice, no notice of a violation until June the 9th, 1995. MEMBER TORTORA: But if he agreed to assume the responsibility, it was his responsibility. MR. MEYER: Let me suggest to you that my client is not a man who frequents sports bar in the late hours. He works very hard. He runs a paint store all right. He has come to the property on many occasions and I have come by the property on many occasions, and thought it looked neat. The first thing I checked was to make sure that they have complied with the requirements for the site plan as far as plantings, et cetera. The building was neat. It's well painted. It was well maintained, and it appears to me to be a well run business. If I comes by here during my working day, let's say as late as maybe 5:30 or 6 o'clock at night, and I drive past the place and I drive in and drive through it as I have, I see no trash. I don't see any cars there because they're not open yet. But I don't see any damage to the building and I hear absolutely nothing, and no notice has gone to the landlord. What basis have I to assume that anything is not going as ordered by the Town? MEMBER TORTORA: If you know that your permit is up for renewal, I would think that it would be incumbent upon you and your client to assure that there's a lease and to assure that those conditions were met. We didn't even hear from you at the last hearing. You weren't present. MR. MEYER: I didn't know about it. MEMBER TORTORA: I don't know, Linda, do you- SECRETARY LINDA KOWALSKI: We sent notice to your client. I did. CHAIRMAN: The owner was here. Page 14 - Hearingoranscript • Regular Meeting of June -2d', 1995 Southold Town Board of Appeals MR. MEYER: My client was here. SECRETARY: Yes. CHAIRMAN: Mr. Meyer wasn't hired yet, I assume. KENNETH COUDREY: I didn't know there was any violation of the property. SECRETARY: Excuse me, I told you there was a problem with the file and I told you there was the building inspector's letter in the file and that you may want to consult your attorney. I've talked to you before that hearing and explained that. MR. MEYER: When was that? SECRETARY: The last hearing was held on June 8th, so I spoke to him I would say, excuse me, not June 8th - wrong date. June 7th was the last hearing, I would say two or three weeks before that. MR. MEYER: What was wrong with October, November, December, January, February, March, and April? CHAIRMAN: I have to be honest with you, Mr. Meyer, I mean, I'm the person charged with running this but I am not the person thhat you'd ask that question to, ok. Our particular opinion is that all the ducks have to be in order. The pecking order has to be perfect. And the pecking order is not perfect. That's what we're concerned with. Ok. What actions other agencies took in this town, I don't care about. I care logistically about it, ok, but I don't care when they actually don't concern those individual situations that we mentioned in our decision. Now, I have to be honest with you, there were inspections by building inspectors. MR. MEYER: Where are the reports, sir? Page 15 - Hearinpranscript • Regular Meeting of June 0, 1995 Southold Town Board of Appeals CHAIRMAN: I have no idea. I am not MR. MEYER: They are not with anyone. Suppose I had driven over there, come to the town of Southold, come in and opened up the file and the only file I knew of at that time was the Planning Board, would come to the Building Department and ask for reports of inspections by Building Inspectors. Now, correct me if I'm wrong. But a building inspector would inspect as to the structural integrity of the building. The safety of the plumbing and the electricity. He would not inspect as to overcrowding. That would be a fire inspector's CHAIRMAN: No, he can inspect as to overcrowding. We have had him in the movies several times in this town. He holds dual qualifications. MR. MEYER: There is one letter in the file that is recently dated, I believe, June 1995 from Mr. Fish and that's the only record BOARD SECRETARY: Excuse me, no. I want to correct something. There was a letter sent to your client and to Mr. Lebkuecker and to LKC Corp. on May 11, 1995 from the Board of Appeals. We sent you a copy of the letter from the Building Department. We also brought it to his attention that there were numerous complaints about parking, egress, and excessive occupancy and that he should be prepared to address those things at the hearing on June 7th. That was May 11th - not June. Now it's almost two months later. You have had notice. MR. MEYER: Let me say it again. November, December, January, February, March, and April. BOARD SECRETARY: But you have notice now. How are you going to address it now after having notice for two months? Page 16 - Hearinpi ranscript • Regular Meeting of June 1995 Southold Town Board of Appeals MR. MEYER: If we're given an opportunity to, we can address it. For one thing, we have a leasehold violation. Because when your terms and stipulations are violated, our lease is violated. And we have the remedies to dispossess and remedies of ejectment against the tenant. But we have to know of a violation and as a landlord with inspections of the property, this property has been inspected practically monthly I think for the last year and we could not see a violation. Now what happens at mid-night, one o'clock in the morning. One can't tell by driving throught the property or inspecting the property at 4 o'clock in the afternoon. CHAIRMAN: No, but at 8 o'clock in the morning you could. MR. MEYER: Well there is nothing even in the Southold Town papers that I have been able to find about any incident at this chub. CHAIRMAN: Fine, that's your opinion but, you know, for all intensive purposes you're very welcome to your opinion. Based upon the testimony that you're presenting before us. I just would like to ask you to wrap this up initially at this point so that we do have two police officers, and we would like them to get back to work and back to their families and they have gratuitously come here and we appreciate that. MR. MEYER: I have checked all the reports that have appeared in your files as of the 26th of June, 1995. I find no official report of overcrowding. I find two reports by police officers citing that they had inspected the premises and there are no violations. I find no notice before a date in May when a letter was sent to my client. MR. MEYER: My client has a valuable property interest in this special exception. He has a valuable property interest, and he will lose a great deal of money if the special exception is denied to the property. As far Page 17 - Hearinf kranscript • Regular Meeting of June o19, 1995 Southold Town Board of Appeals as the conduct of the tenant in that property, having been made aware, we are now in the position to enforce which we not prior to your notification to us. CHAIRMAN: Before you leave, I just wanted to mention to you that we will certainly take your request in reference to whatever action this board takes concerning that particular issue of possibility of another special exception if the board so deems it. I have no idea what we intend to do at this point. I haven't spoken to anybody about it. BOARD SECRETARY: Based upon what the code provides. CHAIRMAN: Yes. That's basically it at this moment. MR. MEYER: I appreciate it. Thank you for your time. CHAIRMAN: Gentlemen, how are you tonight? Thank you for coming. I think we'll address Officer Tirelli first if he wouldn't mind. POLICE OFFICER VINCENT TIRELLI at the microphone. CHAIRMAN: Yes. Would you kindly raise your right hand and solemnly swear to tell the whole truth to the best of your knowledge, Mr. Tirelli? OFFICER TIRELLI: I do. CHAIRMAN: Thank you. I don't have any pre-set plan. This is not a court of law. We are very simply business people empowered by the Town Board to be here to review this, and I have - the reason you were asked to come here is we have had several reports that your name is on, and of course, I know you personally. But I merely wanted to go back and I won't go individually into each one of them, ok. Except for the one on 11/19 which was the stabbing incident, I believe. My basic issue, or line of questionning is merely to ask you that what you observed at the time you were there around that time, I'm concerned about numerous cars Page 18 - Hearin1kranscript • Regular Meeting of June af, 1995 Southold Town Board of Appeals parked outside of the parking areas. I am concerned about issues that concern overcrowding in the building, and so on and so forth. Not necessarily things that logistically placed in the police report which you empowered to do as a police officer, could you tell us? OFFICER TIRELLI: On the particular night of the stabbing you're talking about? CHAIRMAN: Yes, and thereafter. OFFICER TIRELLI: I was off duty that night, I went with the rescue squad. But I do remember it was very difficult to respond. I went in my own personal vehicle. I was basically triple-parked in front of the neighbor to the east, and my truck was about halfway out into the road. It was the only place I could find, they had cars parked, actually double parked in front of Kreiger Well. There was one car facing the wrong direction. Several at a 45 degree angle. And that went all the way east and west of that particular site. A very large crowd milling about. At times it was very disorderly. I remember one point kicking myself, trying to kick myself and said "I forgot to bring my gun" because I thought we would need it. There were only three or four police officers there on duty. And I was concerned for the safety of everybody that was there. The people that were there were not dispersing. Several minor push and shove brawls broke out afterwards. I know I left with the rescue squad and I commend myself for being smart because I was off and if anything had happened, I probably would have been on my own. But I remember being glad to be out of there. It was a pretty crazy evening. And then the weather kicked in too. It was raining fairly hard. On that particular night. But I've also been there as back-up on several other Page 19 - Hearintfranscript • Regular Meeting of June ~?d 1995 Southold Town Board of Appeals incidents of disturbances, parking of- couple of big cars that were parking where the people ran out of places to park along the Main Road. They were parking on a lot adjacent to Kreiger Well and that lot was full. Up and down Bray Avenue on both sides of the street where, I don't remember particularly, I couldn't get down the road with a police car. If an ambulance or a fire truck had to do it, it just was not going to happen. And we just got out and starting writing summonses and the word got out, and the place emptied out and cars just started moving. On a particular case a couple of months ago it was 9:00 o'clock on a Sunday morning, I went by at 8:00 and saw 50 or 60 youths in front of the place. I questionned myself as to what was going on. A little while later, I went by and saw there was a lot more cars parked all over the place again. So 1 went in and spoke to Mr. Lebkueeker. He advised me that there was an after-hours party. It was mostly between ages of 16 and 21. No alcohol was being served which was my main concern. It turned out that I didn't - I saw one local person long after - when we finally decided that we had enough, two or three drug arrests were made, parking once again was etrocious. We spent a good 45 minutes up on Bray Avenue just trying to clear it out. I think we ran out of parking tickets. Myself, Officer Beebe, Detective Burke, and, I believe it was Sergeant Sidor, were there. We ran out of parking tickets. I had 10 or 12. Officer Beebe brought a bunch from headquarters. And Detective Burke was helping. Eventually the cars started moving. We actually got to the point where we had called up a few local shops to warm up to the tow trucks. Because we were just going to start towing cars out there because nobody could get through. I remember one time I almost got hit Page 20 - Hearinpl ranscript • Regular Meeting of June )f, 1995 Southold Town Board of Appeals by a car. I was standing along side of a car and another car attempted to come through and I had to actually walk to the front of the car, step to the side, so this lady could just squeeze her car through. The one of the people that were arrested gave a statement, I don't know if it's in your file. I don't have it with me. That he had purchased drugs inside of the premises. Two more arrests were made in the parking lot along with the resisting arrest - one of the patrons tried to run on me and had to be physically detained. At that same time about 150 people who were in the parking lot started making threats towards myself and my partner. For the first time in nine years I called it - we call it 10-1, which is officer needs help, which means everybody in Town goes. We had one car covering the whole town while everybody was there. When we went in, I informed Mr. Lebkuecker - he was closed. That was the end of the day for them. And we talked to him about his occupancy, and he said he was allowed 185 people. lie had one of those clickers in his hand that it was 185. That's how we kept track of who came in and who came out. MEMBER TORTORA: Do you remember when that was, Officer Tirelli? OFFICER TIRELLI: I don't particularly recall. MEMBER TORTORA: Was that the 5/21 incident? OFFICER TIRELLI: Was it drug arrests, possession of? MEMBER TORTORA: Drug arrests. OFFICER TIRELLI: Yes, that was it. And Sergeant Sider and I tried to count how many people came out. I got to 150 and was distracted. Sergeant Sider got to about 180 and was distracted. And that was just Page 21 - Hearinf kranscript • Regular Meeting of June oW, 1995 Southold Town Board of Appeals people who were inside the building. There were a whole lot more outside. MEMBER TORTORA: About how many people were outside. That was what you counted inside was 150? OFFICER TIRELLI: Inside, on the whole premises, I would imagine between 75 to 100 more that were just milling about at different times, up and down the street. They were literally all over the place. Within a 1/4 mile radius they were literally all over the place. They were parking on private property once again. And then once again milling around for another 45 minutes because a lot of them didn't have rides. We identified, I would estimate 35 to 40 people all from Connecticut, Albany, up the west end of the Island. I saw one local. person on the way out that I knew to be local. There might have been more. I've also been there as back-up on several other fight calls. I eras there about four weeks ago when a bartender or a bouncer was struck with either a beer or vodka bottle that night. What happened, we were called there, there were numerous fights in progress. Upon my arrival I was met by a person on the ramp who was holding his head with a towel to it, and one of the other people who worked there was attending to him. He had cuts on the back of his head. He told me he had been hit by a bottle. MEMBER TORTORA: About how many people who there that evening? OFFICER TIRELLI: I don't even know. I didn't go in. I went in and looked around very quickly. It was hard for me to take a head count. I was just looking for fights. CHAIRMAN: I just wanted to ask, how many other numerous times have you been there where you have counted or actually gone into the place, Page 22 - Heari@ Transcript • Regular Meeting of June af, 1995 Southold Town Board of Appeals other than the I guess the inspection you did last week when there wasn't anybody in the place? OFFICER TIRELLI: I've been in there, I would estimate four to five times with back up, once or twice, as the reporting officer. CHAIRMAN: Would you say that the place was very overcrowded, moderately overcrowed, or? OFFICER TIRELLI: The worse I saw was on the May - you said May 21st, that was the worst I saw. When we went in, it was - they were elbow to elbow. And they were slam dancing; I didn't know if I had fights or what they were doing. But they were elbow to elbow, and it took 15 minutes to clear the place to get them out. And that was, we went just luckily you're closed. He shut off the music. He turned out the lights. He told everybody they were closed. And everybody was filing out. This was not a case of, Ok and going up to everybody and saying you have to leave. They all left. So it was an orderly departure. It wasn't we had to go chase them and took 15 minutes. It was over 10 minutes, I know that, but it was probably closer to 15 just for everybody to file out the front door. That's how many people there were. And like I said, I got to 150. Sergeant Sidor said he was at 180 before anybody came out. Before we both lost track of how many people were there. And it was a long time after we stopped counting the people that the place was empty. MEMBER TORTORA: The occupancy level on the premise total inside the building and on the property is 75. OFFICER TIRELLI: We are aware of that now. On that date there was a sign that said 185. I don't know where it came from. I don't know who put it there. But Sergeant Sidor went in, and lie showed it to me Page 23 - HearipTranscript • Regular Meeting of June d'Y , 1995 Southold Town Board of Appeals afterwards. Because I had to go get the liquor license number for the SLA referral, and I said it too. And I believe riglit after that someone came in and changed it. CHAIRMAN: That was the building inspector. OFFICER TIRELLI: I'm pretty sure it was the building inspector. Yes. CHAIRMAN: Ok. Down the other end, gentlemen, any questions of Officer Tirelli, Jim? (None) Serge? (None) Those questions can be directed toward the board so if you would like to use that mike and direct them. MR. MEYER: I will. CHAIRMAN: You are not forced to answer these questions, Officer Tirelli. MR. MEYER: I'm concerned about this sign stating 185 which was posted. Did there come a time when someone from Southold Town went to the place and corrected that sign, is that what I just beard? CHAIRMAN: That is my understanding. MEMBER TORTORA: That's our understanding. MR. MEYER: And was that sign a legitimate sign, form that is issed by New York State for - CHAIRMAN: I have no idea. I have no idea where it came from. MR. MEYER: Was there any notification given to the fire inspector that there was an improper sign placed? MEMBER TORTORA: That's not within this Board's jurisdiction. I don't know. MR. MEYER: Oh. All right. CHAIRMAN: Thank you, Officer Tirelli. OFFICER TIRELLI: Thank you. Page 24 - Hearif Transcript • Regular Meeting of June Ff', 1995 Southold Town Board of Appeals CHAIRMAN: Officer Grathwohl, how are you tonight? We thank you again for coming. It's a pleasure seeing you. Again, do you solemnly swear that everything you are about to say is the truth to the best of your knowledge? POLICE OFFICER GRATHWOHL: I do. I'm Officer Edward Grathwohl. CHAIRMAN: Did there come a time again, no - this is not a court of law - not here - we appreciate you're coming. As in the case of the prior officer, did there come a time where you had been called to this establishment and you had indicated in your opinion - I'm not putting words in your mouth - that there were probably excess, excessive people as there was an overcrowding condition. Did you observe that? (Changed tape to side B). OFFICER GRATHWOHL: Yes. I believe it was the night of the late stabbing. I believe it was the 19th of November. CHAIRMAN: November. Right. OFFICER GRATHWOHL: Also as Officer Tirelli stated it was a very rainy, stormy night actually. I responded there as an assisting officer. Officer Conway actually was the officer assigned to the incident with salt that had taken place. On arriving, we observed approximately 50 or in excess of that people outside of the bar. Upon trying to figure out what had happened, and dealing with the parking which was horrendous due to the people around and also just vehicles traveling on the roadway, it was a very dangerous incident. Upon clearing out the people that we could outside of the business, we attempted to after we got the injured taken care of, we dealt with the owner, I'm sorry the runner of the establishment, to close him down for the evening because of the acts of Page 25 - Heari@Transcript • Regular Meeting of June -V, 1995 Southold Town Board of Appeals violence that were taking place after the stabbing. Pushing, fighting and actually some beer bottles already beijng broken in the parking lot while we were there. Myself and Officer Conway had entered the business and found in excess of 100, 120 people inside. Upon advising Mr. Lebkuecker that we were shutting down the place for the evening, we really did not receive too much help from him or the employees in shutting down the place. Of course, a couple of the employees that were involved in the assault were taken away in ambulances. They were taken for medical attention. Maybe he was short-handed because of this, but it was very difficult to clear out the establishment because of the overcrowding and lack of help from therein. Approximately 15 to 20 minutes to do that alone. CHAIRMAN: Were there other situations where you might have been called as a police officer to this establishment and observed overcrowding? OFFICER GRATHWOHL: Not to inside of the establishment. But more to is the parking problems. The cars parked, as Officer Tirelli stated, double parked in some instances and also parking and facing their own direction. For example parked eastbound in a westbound shoulder of the roadway, but not to inside as to overcrowding. CHAIRMAN: Does anybody on the board have a question of Officer Grathwohl? Jim. MEMBER DINIZIO: No. CHAIRMAN: Lydia? MEMBER TORTORA: No. MEMBER DOYEN: No. CHAIRMAN: No. We thank you, sir. We thank you both. Page 26 - HearinIpTranscript • Regular Meeting of June W, 1995 Southold Town Board of Appeals MR. MEYER: May I just ask one question? Through the chair. CHAIRMAN: Surely. MR. MEYER: Officer, at either of these occasions or any of these occasions, did you make a report of the overcrowding to the town fire inspector? OFFICER GRATHWOHL: No, I did not, sir. CHAIRMAN: Thank you. Thank you very much gentlemen for coming in. I appreciate it immensely. Have a nice evening. Ok, Mr. Meyer is there anything you would like to wrap up with here? MR. MEYER: Just briefly, sir, the mechanics. If you deny the special exception use, you diminish the value of the property - the real estate. It loses its value. Practically speaking, it loses horrendous value because the building is particularly constructed to be a bar. Not too many people live in houses or run stores that have no windows. If we lose this use, my client was never been notified until May 8th or shortly thereafter of this problem, he loses the value of his property. There is no other practical use to this property and then he goes through a long and difficult process to reestablish the special exception use. With the Board which will be difficult, I think, because of the testimony that we have heard. If you allow us to use our leasehold rights as the landlord to protect our leasehold by imposing the standards of our lease, and we have a tight lease with this tenant, we can protect our own property to your benefit. But when you take away the special exception use, you wipe out the landlord's value. What do you do to the tenant? I don't know. MEMBER TORTORA: What are you proposing? TRANSMISSION RESULT REPORT (JUN 30 '95 03 a 55PM • SOLD TOWN HALL 516 765 1823 (AUTO) DATE START REMOTE TERMINAL TIME RE- MODE TOTAL PERSONAL LABEL FILE TIME IDENTIFICATION SULTS PAGES NO. JUN 30 03:48PM 516 726 7383 07'29" OK S 11 001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : E)ECM >)REDUCTION S)STRNDARD M)MEMORY C)CONFIDENTIAL #)BATCH D)DETAIL )TRANSFER F)FINE P)POLLING Page - Hearing T• script • Regular Meeting of June 7, 1995 Southold Town Board of Appeals 9:12 P.M. Appl. No. 5E-4246 - LKC CORP. (also referred to as OCEAN CITY or JASTA, INC. MR. CHAIRMAN: This hearing is pursuant to Resolutions of the Board of Appeals adopted on June 13, 1994 and on May 15, 1995 to calendar and consider the use and operation of the establishment known as "Ocean City" and pursuant to Condition No. 6 of ZBA Decision rendered June 13, 1994 in which a Special Exception use will expire on July 31, 1995 for said drinking establishmeut and for which said Special Exception is listed as an allowable use under the provisions of the Zoning Code at Article XI, Section 100-101B, subject to specific conditions and requirements pertaining thereto at 6955 Main Road, Laurel (near the intersection of Bray Avenue, Old Main Road, Mattituck) and it's located in the B General Business Zone District. The tax ID No. is 1000-122-6-26. I have before me a variety of documents. I have not reviewed them all because we did receive some today. I have copies of the original site plan and this in effect the original file and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. I assume we will open with the attorney Mr. Goggins, is he here? BOARD SECRETARY KOWALSKI: No, he's not here, Jerry. MR. CHAIRMAN: He's not the attorney. Who is representing, is anybody representing you, Mr. Lebkuecher? BOARD SECRETARY KOWALSKI: Is Mr. Goggins your attorney? Page 50 - Hearing T• script • Regular Meeting of June 7, 1995 Southold Town Board of Appeals MR. LEBKUECHER: He couldn't make it tonight. Be has a conflict with the other parties, so John McNulty is our representative, he couldn't make it tonight. MR. CHAIRMAN: Alright, so we will then proceed with the discussion with you and we will then continue. We'll go from there. Could I ask you to come up to the mike, if you would. Jim, could I ask you to raise your right hand please. Do you solemnly swear to tell the truth to the best of you knowledge, please? JAMES LEBKUECHER: I do. MR. CHAIRMAN: Thank you and state your name for the record. MR. LEBKUECHER: James P. Lebkuecher. MR. CHAIRMAN: OK. Do you want to tell its why you think this Board shall continue this business which is the nature of the special exception of this establishment for another year or whatever. MR. LEBKUECHER: You know it's hard to run a business. You know, a new business now within a year and you know time MR. CHAIRMAN: Well, tell us some of the things that you know have been up against and MR. LEBKUECHER: Well we've had some bumps you know, ups and downs. A lot of downs in the first year but now we're starting to you know take care of the problems. MR. CHAIRMAN: Can I just ask you a couple of questions. This will be reduced to writing so your attorneys will have copies of it. Can you tell us what the nature of, I have no prepared text OK and this is I'm shooting from the heart, OK, from the mind and I'm not here to do anything but just to question you. Can you tell us what Page .J/ - Hearing T• script • Regular Meeting of June 7, 1995 Southold Town Board of Appeals happened with the nature of the easement that you had or the agreement that you had with the adjoining neighbor on the west, Mr. Crenshaw because you had shown us a lease that you had with him and you know the perpetuation of that lease didn't last very, very long. MR. LEBKUECHER: That's right. MR. CHAIRMAN: OK, can you tell us what happened? MR. LEBKUECHER: Well, the lease from the Planning Board, they, you know - in the beginning they were shown that I needed the extra parking for the CO and then as we got into it you know I went and approached Joe Crenshaw for the lease, I received it and during the Planning Board sessions we found we didn't need it anymore and that was their decision so I kept the lease and money that was given to Joe, he kept, and I had a couple of months with him and it expired and that's when I went from MR. CHAIRMAN: Because I thought it was, you know, a continuing lease. I mean I could be wrong. MR. LEBKUECHER: Well it was going to be but the Planning Board didn't know. We found that we didn't need the extra parking. BOARD MEMBER VILLA: At the original hearing wasn't it said it was a two year lease? MR. CHAIRMAN. I thought it was, yeah. BOARD MEMBER TORTORA: Yeah, that was a condition in the original special exception permit. The two years lease to accommodate overflow parking-- BOARD MEMBER DINIZIO: I don't think Page 5a- Hearing TxTanscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals BOARD MEMBER TORTORA: Yeah, it is, I have a copy of the original right here. MR. CHAIRMAN: OK. BOARD MEMBER TORTORA: So, what you're saying is that the Planning Board said it wasn't necessary? MR. LEBKUECHER: No, that was the Planning Board's decision that the extra parking, parking on site was a enough. BOARD SECRETARY KOWALSKI: When was that, after the Zoning Board made a decision, or before? MR. LEBKUECHER: Yeah, that was after the a, that was the final decision from the BOARD MEMBER TORTORA: Well, I have a copy of our hearing. It says the special exception permit that was granted, the facts and findings and determination and it says; the owner and/or operator of this proposed establishment shall provide overflow parking must be available on an adjoining parcel. Presently this permit is subject to the limited two-year lease for overflow parking on the Crenshaw parcel to the west. It says, parking shall be limited to this site and the adjoining Crenshaw parcel during the term of the lease agreement without parking along the shoulder of the Main Road or unauthorized areas. So, it was very clearly part of our permit, nothing that the Planning Board could do would change that. What about valet parking? How have you been doing with valet parking? MR. LEBKUECHER: I don't have valet parking. I have parking attendants right now. BOARD MEMBER TORTORA: How often do the parking attendants - Page 53 - Hearing fanscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals MR. LEBKUECHER: Once a Friday. Once every Friday. BOARD MEMBER TORTORA: I looked over, I'm a new Board Member and I looked over the conditions of the permit that were granted you during the last year and I have 37 police incident reports here before me, and a lot of them have to do with parking violations, which is very keyed, overcrowding in your permit. The permit that you got from this Board you talked, you specifically said, that you would limit the capacity on site to 75 people and yet we have complaints from the neighbors, and we have incident reports that say that didn't occur. Why is that? This is a year later. MR. LEBKUECHER: If you don't mind I don't feel comfortable talking without my lawyer. I can't MR. CHAIRMAN: Let me say something. We're not, we're not setting you up here, OK. This is not a setup, alright. MR. LEBKUECHER: I understand that. MR. CHAIRMAN: There's no prepared text. We're asking you a question. If your attorney was here or not here, we would still ask you the question. If you refuse to answer it, then, that's basically it, alright. We are going to reconvene this hearing, special hearing, OK, only for you, alright and as long as you don't tell the people out there, I'm kidding, because if we can fit them in, we will try to fit them in, OK, on June 29, which is a Thursday night, alright, and that is it. There's no, there's nothing else, you know. I don't care who's representing you, I don't care who's representing you sir, in the back, I want you here, let's get it done, we're going to finish it, alright. Please don't ever come before this Board and Page 5~ - Hearing 'Pranscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals not tell me, I understand you don't want to talk without your attorney, but don't tell me you don't want to talk to us. We are all people here. There are no attorneys here, OK. We're all business people, or people that have worked in industry, alright. We're down to earth people and that's basically it. We just want to hear how it's coming down and that's it, alright, just so you're aware of that, OK. (Unidentified Person): Can I speak to you for a few minutes? MR. CHAIRMAN: In one second. You have anything else you want to say to the Board? MR. LEBKUECHER: No. MR. CHAIRMAN: Does anybody else have aDything they'd like to address of that? Jim? BOARD MEMBER DINIZIO: No, I sit here on the 29th though. MR. CHAIRMAN: OK. Thank you Jim, for your frankness. Sir? KENNETH COUDREY: I'm Kenneth Coudrey, I'm the President of LKC Corporation. I just want, I'm looking around for a property to accompany this business, that I, you know, I'm trying to buy a piece of property in the area or lease a property to Lake care of the overflow of cars. MR. CHAIRMAN: OK. KENNETH COUDREY: James does, you know, I've been here a lot of times and I've been to other Night Clubs. You know, actually it costs, I mean, you know, one guy hurt his thumb fixing a tire. I mean it's odd that I've been looking, you know, I only, I don't go through the files. I just had a moment to look at it before but it Page - Hearing 6anscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals seems very odd that all, there's so many of them that built up in May prior to this hearing, when prior to the year he had like one report in the month of November is a ( ) . February he had a problem, you know, I mean it just seems like he's been having an accident report, once a month and all of a sudden prior to this hearing, he's got 10 or 15 of them, 20 of them. I just find that a little hard. MR. CHAIRMAN: Well, the only thing I want to be honest with you, sir, is that again, I shoot from the hip, I tell it like it is, OK and I think you know me, OK. KENNETH COUDREY: I do. MR. CHAIRMAN: Somewhere in November, alright, I happen to be an Officer in the Rescue Squad in the Town Hamlet of Mattituck, alright, and there was a stabbing incident that went on. MR. COUDREY: At the club? MR. CHAIRMAN: At the club. I think it was around 11:19 or there about, alright. Notwithstanding that fact, alright, things happen, it's understandable. The problem that I have is that in one of these reports, not, again not even dealing with that aspect because we transported that person to the hospital. MR. COUDREY: What caused the knifing? Just a fight? MR. CHAIRMAN: Someone stabbed the gentleman in the, in your establishment. Not your establishment, you're the owner of the property. In one of these reports it refers back to. a 15 year old, alright and a 17 year old. I can't find it right away. MR. COUDREY: Men or women? Page -~Ii - Hearing 0anscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals MR. CHAIRMAN: I believe it was a female. This concerns me greatly, alright. I have spent my entire life trying to help people and most people may not understand that but I do. I've been a Fireman in that town for 27 years and an Officer in the Rescue Squad and in the EMT with a New York Certification with three certifications and I'm extremely concerned about that. That's one area. We will take some testimony from some people tonight who you know may not be able to make the 29th hearing so we'll deal with that on that aspect, OK. I did forget to swear you in and I apologize for that. However, you did say everything you said was true to the best of your ability. MR. COUDREY: You know that's a very unfortunate thing when someone gets stabbed of course. You know it's hard to control people. MR. CHAIRMAN: No question about that. MR. COUDREY: You know and James has bounces there and you know he does his part. I mean, you drive down the street you can, you know, someone can walk out, you can kill somebody. Those are accidents. I mean people getting knifed and mugged all over the place. I mean, you know, it, it's a sin to close someone down because, you know, because two people took their anger out in his place. I mean they could have took their anger over here. I mean if I don't like somebody or somebody don't like me they could stab me in front of this place. I go outside and get mugged or shot, something like that, so, it is a terrible thing but terrible things happen all over this country. Page 57 - Hearing eanscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals MR. CHAIRMAN: No question about it. My concern is, OK, and I will pose the concern again, straight forward, that when you, as the owner, he, as the applicant, came before this Board, we had settled on a figure, I don't care if it was 75 individuals, or 75 seats, OK. It was brought to my attention that there was suppose to be, you know. It was brought to my attention that this was suppose to be a sports bar. Now, I went there one evening after a call with a couple of my friends and we were probably the only people in the place, but it was rather late, OK, right after they had opened. However, during the incident of November of 1994, there were many, many people there. We also have a report from at loast one Police Sergeant from the Southold Town PD, who has told us that there was in excess of 200 people in the place at the time he was in the place. My concern is that this is not a sports bar. This is for all intensive purposes a night club, OK. Neither the parking nor the site, although you've done a beautiful job on the building do not lend itself to what we had agreed to in the special permit and that's what I want addressed on the 29th. I don't care if it's by your counsel, his counsel, or anybody, that's the problem that we have. Also, we had requested from the Town Board to deal with New York State DOT which they very nicely did for us and a portion of County Road 25 MR. LEBKUECHER: The signs you're talking about? MR. CHAIRMAN: No, 25 will be logistically shut off from parking and I assume that that is going to in a few months. Whenever they get a chance to do so, alright and I think that's the area from the Page y~ - Hearing *anscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals bridge passed Kreiger Well on that side. We havo a letter from DOT. We do applaud the Town Board and we appreciate their cooperation on this one. The next issue is, you know, I mean, so it's a violation of the Health Department Permit in excess of 75. It's in excess of parking or excess parking, not on site which we're extremely concerned about, plus what other nature of the excess is causing. Not only the parking problems but it appears that the club is overcrowded and that's what concerns us because= it violates the other two areas that we're talking about. MR. COUDREY: I know Jim refuses a lot of people. You know, I mean sometimes it's like you throw a party, you know, you invite and then some extra people come, I mean he turns them away, you know. He refuses them but sometimes they hang outside and that nature. MR. CHAIRMAN: But there's one other problem too. We had talked about and you did I think, install air conditioning in this establishment. There's a report in here from a Mrs. Bowling who lives approximately 75 feet from the bridge, the railroad bridge where she complained to Southold P.D. about the noise. This woman just on an estimate on my part has got to live 600 feet away from this establishment. 500 feet anyway because their 100 foot lots and there's four lots after your piece and then we have the piece ELI rents or now a doctor rents. MR. COUDREY: To the noise with respect to lout( band playing, cars honking, because the building is pretty sound proofing. Pageq - Hearing Oanscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals MR. CHAIRMAN: I did not approach her on that aspect. She is not in the audience. I happen to know Mrs. Bowling, but I'm telling you that that is the situation. MR. COUDREY: I find it, you know, I mean he, before the place opened, he blared his music and you couldn't hear from the street. So, I don't know, you know, maybe it was honking or something like that. MR. CHAIRMAN: So, we have all of those things and that's what we're concerned about. So, if you don't mind we'll run on to the people that may not be able to make it on the 29th and we will then be here. We will commence the hearing approximately 7:15 and we will go from there and we do appreciate your coming. Is there anybody in the audience a, first I think it would behoove us to speak to a, we have a member from PD but, if you wouldn't mind one second, sir, if we could just speak to the Building Inspector that inspected the place. Mr. Fish is there anything that you would like to say again raising your right hand is there anything, everything you are about to say is the truth to the best of your knowledge. GARY FISH: Yes, it is. MR. CHAIRMAN: Is there anything you would like to say tonight or would you like to reserve until the 29th. GARY FISH: I will be here the 29th and you kind of said everything there. I think that Mr. Chairman, I personally recommended to the Board, all Members of the Board to definitely withhold special exception because there are numerous violations and I just feel that the disposition of the people that own the Page Hearingoanscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals establishment is basically that it has been proven over, over and over again that they will not and have no intentions of complying with the special exception so I really don't think that there's anything left to do MR. CHAIRMAN: I just want, I want to refer to, on or about the November incident, you were not, you were also on the ambulance with me on that stabbing? GARY FISH: That's correct. MR. CHAIRMAN: That's correct and Mrs. Tortora would like to ask MR. COUDREY: It's a pretty volatile situation too. It was not just someone was stabbed. It was a very excited, it was dangerous. MR. CHAIRMAN: I think quite honestly, the gentleman, you might MR. COUDREY: It is not a sports bar. MR. CHAIRMAN: The gentleman that was stabbed that night could have been very seriously hurt. MR. COUDREY: Oh! of course. MR. CHAIRMAN: I mean he was bleeding profusely. Thank you. BOARD MEMBER DINIZIO: Could I ask you a couple of questions, Gary, if you don't mind. GARY FISH: Sure. BOARD MEMBER DINIZIO: I read your letter here. I also read all of the complaints from the Police Department and asked to get copies of specific violations you saw. B.I. GARY FISH: What steps I took that particular night. Page O~ - Hearing *anscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals BOARD MEMBER DINIZIO: Yeah, on any night, any night you saw. GARY FISH: I've only, I've only been in there one night and I made that one visit and knowing that their special exception was coming up for review or to be renewed, basically that was my, that was my step was to BOARD MEMBER DINIZIO: What? BUILDING INSPECTOR GARY FISH: To issue that memo to the Zoning Board of Appeals that they do not renew their special exception. BOARD MEMBER DINIZIO: Yeah, but what are you basing this on? What documentation do you have to state, to make the statement you made? BUILDING INSPECTOR GARY FISH: My own observation. BOARD MEMBER DINIZIO: What do you normally do when you see a violation? B.I. GARY FISH: What I normally do when I see a violation? BOARD MEMBER DINIZIO: Yes. B.I. GARY FISH: I notify the owner. BOARD MEMBER DINIZIO: OK, did you do that? B.I. GARY FISH: Yes, verbally. MR. CHAIRMAN: And can I just add your principal Building Inspector did post an occupancy limit last week I believe at this establishment. B.I. GARY FISH: Yes. BOARD MEMBER DINIZI0: Yes, but this letter is dated May 17th. Page - Hearing eanscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals MR. CHAIRMAN: I'm just saying what was done subsequent to his investigation of the premises and I think we should leave it at that point, you know at this point if you don't mind. BOARD MEMBER DINIZIO: Well, I would like to know, I just would like to see some documentation as to our special exception was enforced and something that tells me from the town that we have violations of our special exception. Now, my opinion, the Police Reports could be any bar in town. In my opinion. Statements go on all the times, like the gentleman said, not near my house, but certainly near bars and so do drunks doing their thing and marijuana people. BUILDING INSPECTOR GARY FISH: In operation under special exception by Zoning Board of Appeals limited to 75 people? BOARD MEMBER DINIZIO: I have no documentation here at all that says that there's a violation of that. Not from the person who is suppose to be enforcing that. INSPECTOR GARY FISH: What do you mean? From me? BOARD MEMBER DINIZIO: I assume that if we have a condition in our special exception INSPECTOR GARY FISH: I state right in that memo that on that night that I-- BOARD MEMBER TORTORA: How many people did you see that night, Gary? Or how many people B.I. GARY FISH: I would say approximately 200. 1 didn't count 1, 2, 3. There were approximately 200 people. BOARD MEMBER TORTORA: And our permit specifically says 75? Page ~3 - Hearing *anscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals B.I. GARY FISH: That's correct. There's a violation of that special exception. BOARD MEMBER DINIZIO: I just don't understand what the procedure is here when we, when you have a violation of a special exception. Do you write a memo? B.I. GARY FISH: Do I write a memo? BOARD MEMBER DINIZIO: That's what you did. B. I. GARY FISH: I did write a memo. BOARD MEMBER DINIZIO: Right, but did you document it in any other way? B.I. GARY FISH: No. BOARD MEMBER DINIZIO: Are you required to? GARY FISH: I don't believe so. MR. CHAIRMAN: Would I be correct in saying that you, this is not a court, that you went back to your principal building inspector and informed him of what you saw. B.I. GARY FISH: Oh! sure. MR. CHAIRMAN: And then he told you or somewhere you wrote the memo. B.I. GARY FISH: Sure. MR. CHAIRMAN: And subsequent to the memo the principal building inspector went over and re_posted the 75 persons in the place. Is that the correct situation. GARY FISH: Right. MR. CHAIRMAN: OK, can we leave it at this point? BOARD MEMBER DINIZIO: Yeah, we'll have to. Page 6 - Hearing Sanscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals MR. CHAIRMAN: OK, thank you so much. I appreciate it and we'll see you on the 29th. INSPECTOR GARY FISH: OK. MR. CHAIRMAN: Mr. Demopoulus do you have something you'd like to say? How are you tonight sir? MR. DEMOPOULUS: My name is Tom Demopouhus from Krieger Well Pump. I'm representing the owner of Kreiger Well Pump. I'm the manager there. I'm the guy who goes down there every weekend and look at the property. I check it out Friday night, I check it out Saturday morning, I check it out Saturday night, I check it out Sunday morning and I sent a letter out to the Building Department in reference to these problems we've been having there. It says we have an ongoing problem here at Kreiger Well Pump. Last year a new business sprang up at the lot to the west of us. This business is called Ocean City. It seems they have quite a crowd at night. The parking available at Ocean City is insufficient. People have been using all nearby businesses to park. We've even put up parking barriers in front of the office only to find them taken down the next morning. Along with that problem we have to fleece the area for beer bottles and cans, food wrappers, paper bags, broken glass, etc., after every evening session they hold. A secondary problem has us concerned. Someone has put up a NYNEX pay phone right at the edge of the property. Actually on the adjacent property but about a foot or two from our property line. Everyone is using our parking lot to park while using the phone. This includes travelers, business persons, truck drivers, delivery people, etc. Page fps - Hearing '1 ranscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals There have been too many instances where we couldn't leave through our gate because of the cars using our parking lot to make a phone call. Large semi trailers have parked in front blocking the whole driveway. When we get a delivery truck to drop off our merchandise they can't back in or pull out because there's a car in the way or something is in the way. We have one incident where a vehicle couldn't back in, tried to back in around a van that was parked there, couldn't quite make it, had to pull out again, almost caused an accident, cars ( ) to the west. The first problem we feel shouldn't even exist because of the lack of parking, parking at their site. They don't have enough parking. The business shouldn't be allowed to exist if there isn't proper parking. The people who own or run Ocean City approached its when they first opened asking us if they could use our parking lot. We said no and the reason for that is because it goes back about 12 years ago when they had a business there. Probably the last business there. It's been vacant all that time. They were using our parking lot and driving over the lawns leaving beer bottles and the owner put up barriers there on certain parts of the property. He tried to stop them from driving across the lawn. So, when this came up he said, no we're not going to allow parking here, we know the kind of problem we're going to have. So, basically what we're dealing with there is a mess to our parking lot every night. Actually we ( It's been going on since they've been opened. Not through the winter if they were closed during the winter and it started up again in May. It seemed like a kind of forgotten for a while. All of sudden in May it got Page Gd - Hearing Transcript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals really bad again. This time we got graffiti, we have graffiti on one of our "No Parking" sites and our air conditioner outside. We've had cars overnight. We called the police on that. Sometimes we never called them, they got there in the morning, you know, before we called the police. The lot adjacent to Ocean City, which has a gate to it where we keep our equipment, we find broken beer bottles in the rig in the parking lot. This goes on every weekend. Just to give you an example here I started taking notes here, one morning I think it was May 13th, I'm not sure of my dates here, it might be a little bit off, but I think it was about three weeks ago or so, we found a mess of bottles and cans Saturday morning in our other lot which is to the, to the east of our building which is adjacent to the easement there. On the 14th Sunday morning I went down there and checked things out, there was couple of kids sleeping in a parked car. They have sleeping bags and that was what I saw at first and then I walked to the front of the building there were some kids wrapped in blankets sitting out in front of Ocean City. I have no idea what went on that night but that's where thoy were. Very strange. The next weekend, May 20th, I called the Police because there were roof tiles laying over on our adjacent lot. I don't know where they came from. I couldn't figure it out. First. I looked up, I said the roof tiles were missing off their building. 'there is a back porch which is about two feet away from the roof. I guess what happened is some kids were up there and they saw some fun and Page Hearing 'transcript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals they tore the roof tiles off and were throwing them against our building. MR. COUDREY: No, the shingles blew off from the wind - and I called a roofer - and the top of the thing, the shingles were ripped off the top. MR. DEMOPOULOUS: Well, this wasn't from the top. This was an area right next to an outside balcony, maybe two feet away. So it's obviously someone took them and heaved them because the tar stuck right to the wall. It's still there. You can go there and look at it any time you want to. On the 21st, Sunday morning, I went down there 8:30 in the morning and saw a whole bunch of cars pulling in there, and said, "What's going on here?" Went back home. CHAIRMAN: This is the 21st day of May. MR. DEMOPOULOUS: The 21st of May, right. I came back about 9:30 and our whole lot was filled up. It was filled up. And kids all over the place. And I asked some of the kids what was going on, you know, kind of nice, and they said, "Oh this is after-hours party." After-hours party. Kids from somewhere back west. Not from around here. And of course, if you read the paper, that was the famous day of the drug bust there. And drug bust in the parking lot, and one down the street on Bray Avenue. Probably the culmination of all these things happening. This is probably the biggest thing I've seen going on down there. It's in the police reports. Page (b - Hearing 'T'ranscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals May 27th there were some more beer bottles in our adjacent lot. This goes on during the weekend. This is not - you know, I'm just reading the notes here. This has been every weekend that they have been open, on weekends. It's kind of funny, but I noticed in the last couple of weeks it has been kind of clean around here. It seems like maybe it's in preparation for this hearing. The only thing I wanted to say is we don't think that this is the type of business that you should want in there. It's the wrong kind of business for this, and any area. It has been quiet as a lamb for many, many years we've been there, and all of a sudden it looks like Woodstock. It's unbelievable. MR. COUDREY: Can I just say something. CHAIRMAN: Yes, in a second. MR. DEMOPOULOUS: We don't think there should be a criteria for a special exception - shouldn't be a criteria of being able to use a parking lot nearby. Because we know that that can be dumped at any time. If an owner gets mad at the people using the lot and then this stuff. ( ) is going to stop us from parking there. But we think that you should own the property. If you own the land to park, fine, that's up to you. But you shouldn't be able to reach property nearby and use that property. Some people are going to use the parking lots any way. You're not going to he able to cover everything. You just can't do it. And that shouldn't be - we don't think that should be a criteria for the Special Exception. I noticed that they had a couple of parking attendants out there the last two weeks. I've never seen one before that. And I have been out there Page Hearing Transcript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals for many hours. And never seen parking attendants. But I've seen them in the last two weeks. I've seen flash lights out there. That's strange. I want to mention something about the knife attack in November (1994). 1 heard something, someone say "Well, a thing like that happens, it can happen anywhere." I don't believe that. Things like that happen in party atmospheres. It happens at a more pres- rate than anywhere else. It just doesn't happen, walking down the street, or whatever. Maybe it happens in family violence or something like that. But when you create a party atmosphere like that of 100, 200 people, things like this can happen. Especially when drinking is involved. This is a party crowd. So this is, you can't just say this could happen anywhere. That',, not true. It happens in party atmospheres. We know it happens at an alarming rate. As far as the sound goes, I haven't heard too much problem with the sound except that with a deep base, deep bases going there everything is vibrating - there's no doubt about that. You can hear it right down the block. It's like a "boom, boom, boom" - really deep base. You can hear that. When I hear the music, the thumping sound of the base. That's all I really have to say at this time. If you have any questions for me, I'll be glad to answer them. MEMBER DINIZIO: What was the date of the letter that you sent? (Referring to letter from the Building Dept.) MR. DEMOPOULOUS: May 12th. Page %9 - Hearing Transcript Regular Meeting of June 7, 1995 Southold Town Board of Appeals SECRETARY: We have it. MEMBER DINIZIO: Did you get any reply from the Building Department? MR. DEMOPOULOUS: No. I decided - actually I wrote this letter about two weeks before that, and the owner said, "Send the letter in." And things started. We noticed they were starting to open again, and said, "Let's get this letter in." That was the reason we put it in. CHAIRMAN: Mr. Demopoulous, can I just ask you the purpose of cordoning off your parking lot in the front of your building, was so as to: Number One, to protect the property so no one would park there? MR. DEMOPOULOUS: That's correct. CHAIRMAN: I'm not putting words in your mouth, please tell me, ok? Number Two, of course, it reduces your liability if' somebody gets hurt on the property which would only make sense. Ok. And the reason why I ask that question is, or at least make those statements, is because I was told by a police officer, that when a person cordons off their property - the parking lot even though it's on your property and you own it, is no longer public parking. At the time that it's cordoned off, all right. MR. DEMOPOULOUS: (Nodded in agreement.) CHAIRMAN: Now, by the nature of the fact that this cordoned off area was then modified to become a public parking lot again would Page 71 - Hearinoranscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals then again open you up to a liability situation if someone was hurt on that property, is that not correct? MR. DEMOPOULOUS: It's possible. We're not sure about that. We were told by insurance people that nobody could use our lot for parking. CHAIRMAN: Without your permission. MR. DEMOPOULOUS: Well, no. We couldn't do it. If we did, we open ourselves up to liability, so. CHAIRMAN: We thank you. We will then reconvene this hearing on the 29th. Sorry - I see another gentleman in the bock. You have a question you want to make, ok. KENNETH COUDREY: I also have a building paint store in Hampton Bays that's adjacent to a bar. Charlie Brown's. For the last - we've been there about eight years. We've been fighting that owner for about five years, same stuff. I respect other people's property. I certainly do. But I've been fighting with him for the same reason - beer bottles coming over. One day we just go together and we said, what can we do to resolve it, you know? And I've said to him, "Listen I'm tired of picking up beer bottles and glass on my parking lot." So he says, you know, "I apologize. What if I just cleaned it up. I get there in the moi-ning and clean it up and resolve this problem'?" People, you know, you drive down the street, people throw a beer bottle. I mean, I run over glass all the time. But the point is, you talk to somebody. I spent a lot of money in this place. I put a stockade fence all the way down on his Page 7A - Hearinffiranscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals side of the property, adjoining our property. Before that, his pipes were all over my property. I didn't run over to him and say, "Hey you got these 20 ft., 30 ft. heavy cast iron pipes on my property, you know?" I mean, if maybe people will talk to each other, I mean, you can resolve a lot of things." He's got everything is fenced off his property - except for maybe 20 feet of his parking lot. I mean, everything is barricaded. I mean, high stockade metal fence. It's not like it's a family-oriented house where there is a family and a bunch of children there. Or a wife. This is a construction site. I mean, people have to make a living. I expect him to make a living. He's got to expect other people to make a living. That building was closed for seven or eight years. Someone had to paN a property tax - school taxes over there. You didn't pay it (addressing Mr. Demopoulous). Somebody had to pay it. I had to pay it. CHAIRMAN: Please, to the Board. MR. COUDREY: You know. I had to pay the property tax. CHAIRMAN: We heard this from you last year. The issue is that this does not on the appearance as far as I am concerned, does not lend itself to be a sports bar. It is a night club and that it is the problem that I am concerned with. I am not speaking for my fellow board members, all right. We have told you where the problems lie. There are four or five of them, ok, with reference to violations. Page 73 - Hearingfranscript Regular Meeting of June 7, 1995 Southold Town Board of Appeals MR. COUDREY: I wrote them down when I (inaudible). CHAIRMAN: And that is the issue that you have to address. That is the area that we have a problem, all right. And I don't know if they are rectifiable. I'll be honest with you. All right. At this point. But, you know, we will go from there. And that's basically (Interrupted). Yes? MEMBER TORTORA: When the Board granted you a Special Exception permit last year, it had to make findings and made a determination that the use you were asking for by Special Exception would be in keeping and not be a detriment to the surrounding properties. Would not be a detriment to the health, welfare, and safety of the township, and it was based on those things that they granted this permit. And when you see 37 incident reports ranging from rights to possession of drugs to petty larceny to assault second degree to assault first degree, you don't see that this is to the benefit or to the health, welfare and safety of the community. Now, let me finish. The Chairman of this Board is being very lenient in my view because if it were my sole decision tonight, l would revoke your permit tonight. You are in violation of the conditions of this permit and this Board has everything within its power to revoke it. Tonight. MR. COUDREY: I understand that. And I appreciate you Page 7~1 - Hearing Oanscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals MEMBER TORTORA: And when you come back in two weeks unless you can assure me as far as my inclination at this point, that this is not going to happen any more, I would not be inclined to renew your permit. MR. COUDREY: If I were to go to any town police department and ask them day by day, accident reports or fights or anything like that, I would have a stack about this big. James (Lebkuecker) in his powers, or in my powers, or your powers, or police department powers, cannot police our citizens. People want to stab somebody, they're going to stab somebody whether it be in James' club, down the street in the deli, or any place else. People are responsible for their own acts. We're not - he can't be - you can't control people if they're going to want to stab somebody. Whether it be in his night club or down the street at another bar, or another bar, or in a home where somebody stabs - like O.J., stabs his wife, or supposedly - people. How do they control people. To be in that position. Even the law police cannot control people. Detectives can't. I mean, they go to homicides every day. And they're not in James' club. They're all over the place. All over America. It's a. violent nature. It's a violent country-- I know what you mean. You're saying, "Bars are there." People have to \ ent somewhere. That's why you have so many children in the street today. In woods doing drugs. Is that any better? And the problem is not with James' club. The problem is with society in general. And to single out James' club, you say, "You're bad. You're this. You're That. Page 75 - Hearing 9anscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals Because somebody hurt his finger because he helped somebody with a tire." MEMBER TORTORA: We're saying you're in violation of your occupancy. MR. COUDREY: You're saying to me, "Look at all these complaints." These complaints are accident reports. And they're all in May. All of a sudden they all come up in May. CHAIRMAN: Well you just happen to have those. That's all I could get to copy - I had a meeting going on inside. And you can go to the Police and get the whole MR. COUDREY: If we all went to the police deportment and got their files, Southold or any township, you're going to find people fighting with each other. You're going to find peopl(r punching each other. Breaking someone's window. Giving someone a flat tire. These are people - you know, it doesn't matter if they're in a bar or walking on the street. CHAIRMAN: But that's why we set the occupancy level based upon the health department requirements and other requirements that we were dealing with on the guise that this was a sports bar. MR. COUDREY: James has assured me that he, he's telling me that he says he polices the occupancy. I mean, you can't punch someone in the face and say get the hell out of the bar. You got to say, "Well, it's full and you got to turn around and go." Some people Page 7(~ - Hearing *anscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals wait outside. I can't pool up the town, yet someone's parking at a no-parking sign right out front here. CHAIRMAN: You don't understand the situation. We have a building inspector who says he saw 200 people. And there is a report from a police sergeant, I believe his name is Sidor. That we have in our documents that said that he saw in excess of 200 people. MR. COUDREY: I'm not going to call the building inspector CHAIRMAN: But 200 people, you know, are 125 more than the occupancy level that was set. MR. COUDREY: I'm not going to call the building inspector a liar because I respect any county workers, but it's hard for me to believe that. CHAIRMAN: Ok. Gary, you wanted to add to that? BUILDING INSPECTOR GARY FISH: This is strictly that he's in violation of that Special Exception. You know, this is not anything else but violations of the special exception that in your own admission, he cannot control, so I don't see any other way than to pull the Special Exception. MR. COUDREY: You going to control someone from entering your house but you can't control them from walking in front of your street. INSPECTOR FISH: Well the comment was passed to me when I was in the establishment I want to make this -able (inaudible) - that, you know, "We don't want them to survive in business" and all the stuff you say, but that's not the issue. The issue here is that many aspects of the Special Exception - many requirements of the special exception are not being complied with, and that's why. It's not that Page 77 - Hearing 0anscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals you're being singled out. It's when you're speeding down the road, and the police officer pulls you over, you get the speeding ticket. Maybe ten other people were speeding, but you still get the speeding ticket. You can't go after every speeder at the same time. It's not working. MR. COUDREY: I'm just saying MR. FISH, continuing: And in your own admission you're admitting that you can't control. MR. COUDREY: We can control people entering the bar. Or on his property. You can't control people sitting out in the street. CHAIRMAN: Can we continue with this. We have one more gentleman in the green shirt that wants to say something. Thank you so much, both of you. How are you tonight, sir? (Secretary changed tape at this point to Tape 3.) CHAIRMAN: Would you just state your name for the record. JAMES R. TYLER: My name is James R. Tyler. I'm the owner of Tyler's Automotive at 60795 Main Road, Mattituck, or Laurel as it's so-called. CHAIRMAN: How far away are you from this property? MR. TYLER: Two doors down, west. And the reason I am here tonight is because they've been using my parking lot for parking. Not because they got permission and they didn't come in to see me, and a couple of weeks ago I decided to start blockiiig it off. Ok. The reason I am here is the problem that we're having is the trash that's left in my driveway, the beer bottles, the debris, the vandalism that's taking place within the last year and one-half. It Page 78 - Hearing 0anscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals starts back on my property - I only have four police reports because every morning I go out to pick up a beer bottle, 1 don't call the police. I pick them up and throw it in my garbage. I have four police reports. One is a stoned car. One is the windows that were broken, another one is for the car's top has been cut. Ok. And the other one, is where a car was broken into and a lot of stuff was stolen out of it. My problem that's happening is, my customers can't come, drop their car off for me to come in on Saturday morning to work on it because it's going to be vandalized or something else. That's the problem I am having. I don't care about people trying to make a living. That's what I'm trying to do - make a living. But what's happened is, since this opened - because these back in the 10th month in 1994 and until that point I had no vandalism, I had no problems with my property whatsoever, ok. I'm riot just picking on because it's happened in the last two weeks. This has been back for a long time, and I have police reports here. And the other thing that's bothering me is the transfer of litter that's been winding up - if you would like to see it, your honor. It's been winding up in my driveway. Ladies, I'm sorry about this (Gave sheet of lime light club with photograph of lady.) This is what has been winding up in my driveway and my yard on Saturday, Sunday and Monday mornings. And I'm tired of having to clean it up. That's not my job. My job is running automobile repairs. MR. COUDREY: Can I look at that? What is that. (Advertisement for Lime Light.) Page 79 - Hearing 9anscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals MR. TYLER: All you had to do was to come to my shop, any time, on any Saturday morning, or any Sunday morning. You can see all the trash. Tyler's Automotive. Two doors down, west. Just past Crenshaw. And my problem is that it's costing me money because my deductible on my liability is $500.00. So when I get a top put on a car, it's going to cost me - it comes out of my pockkrt. When I had to have the window put back in the car, it comes out of my pocket because the $500 deductible doesn't cover it. It's costing me money so that I can service my customers because of this price. That's the problem I have. I don't care if they want to run a business. Everybody's entitled to make money. But when it starts costing me money, so I can still run my business, I'm not happy. MR. COUDREY: And so these people come from the bur? CHAIRMAN: Pardon me, you'll have to address the MR. COUDREY: Oh, I'm sorry. Are they coming from the bar? MR. TYLER: Definitely. Because MR. COUDREY (interrupting): Have you seen anybody? I mean-- CHAIRMAN: No. Wait a minute. If you want to stand up here and address the MR. TYLER: Two weeks ago, or three weeks ago, my partner Scott Tyler was on his way home. He left his pick-up there and as he was going to get his pick-up to go home, he dialed his wife for dinner, three cars pulled in - they hopped out of the car and they started beating it through the woods, through the trees, acid said, "Wait a minute. What's going on here." They said, "We're parking where we park every week." And that's we know why we know where the cars Page ffQ - Hearing Oanscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals are coming from and why the problem. And so we blocked it off for the last couple of weekends. We blocked the front off to keep the cars out, to keep the damage down to a minimum. CHAIRMAN: What did you block it with, Jim? MR. TYLER: My wrecker and another car. CHAIRMAN: Did anything happen to that hopefully not? MR. TYLER: No. But the problem is, I shouldn't have to do that. I've been here for seven years, you know. CHAIRMAN: Well, the nature of your application before this Board was the reason why you're here. Is that correct? MR. TYLER: Exactly. Because I CHAIRMAN: You stood here seven years ago just as you are standing here now. I can remember that night very vividly and did not Richard Lark represent you? MR. TYLER: Yes, he did. CHAIRMAN: And my problem is, that I had to have a certain amount of parking so I could open my doors. And it's things like that. MR. COUDREY: How did you resolve that? MR. TYLER: It was required by the Town Planning Board. MR. COUDREY: No, I'm saying how did you get the extra parking? MR. TYLER: I have a large piece of property. Because my property deals with a business where I repair cars, they leave and I don't need 30 or 40 car-parking. I need enough for the cars I deal with on the course of a day. Plus I have all of the parking out back. This is one case I fenced in, as you all remember, I had to go through a lot with the Town. Page f/ - Hearing *anscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals CHAIRMAN: Yes. MR. TYLER: And it sort of aggravates me CHAIRMAN (interrupting) : I have to tell you tha I your place is beautiful. I mean, it's a repair shop but it's the nicest repair shop that I've seen. MR. TYLER: Thank you, because I try to keep it that way and it bothers me that now people are treating it like a trash hole where they can dump all their stuff. And it's all started since this opened. I mean, let's me honest. I didn't have to police my property before. MR. COUDREY: In other words, they parked on your parking lot and vandalized your vehicles MR. TYLER: Oh, yes. They vandalized the cars waiting to be - they break into them. They can be locked and they still break into them. Then when they-- MR. COUDREY (interrupting): And all these people are coming from James' club? MR. TYLER: Definitely! I had no problem before. MR. COUDREY: No, I mean, I'm just saying - have you - they're all coming from James' club. CHAIRMAN: And again, I forgot to swear you but everything you said was to the best of your knowledge (to Mr. Tyler)? MR. TYLER: Yes, sir. Right to the T. Thank you. CHAIRMAN: All right. Can we now dispense with this, we'll come back, we'll deal with having the attorneys representing and we'll complete our Page fJ - Hearing 9anscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals BOARD SECRETARY: I have one request, I'd likc to have your attorney come in the day before so that he can review the file, all right? MR. COUDREY: I am going to try to get copies and come in during the week. And get copies BOARD SECRETARY: Ok. It's available 8 to 4 auy day Monday through Friday, you know. MR. COUDREY: Ok. Because I have some, but didn't get them all. MEMBER DOYEN: What day of the week is that? CHAIRMAN: Thursday. We thank you, everyone, for coming in. MEMBER DINIZIO: And we will be voting next time, right? CHAIRMAN: Yes. MEMBER VILLA: No further delays. CHAIRMAN: Yes. But we still have to vote on ibis, so it I realize there is at least one board member that is not willing to give the extension, but I'm not speaking for you (to Member Tortora). MEMBER TORTORA: I'm deferring it to the rest, of the board, because I said that CHAIRMAN: Excuse me, I'm sorry. I'm requesting this hearing be held over till the 29th at approximately 7:15 p.m. And either in here or wherever we can get a room to have it, and at that particular time there will be no further recesses and that the - any other information that may be furnished or has to be furnished will be furnished no later than five (5) business days after that hearing Page - Hearing Oanscript • Regular Meeting of June 7, 1995 Southold Town Board of Appeals so that we can make a decision. And that's it. I'll offer that as a resolution. MEMBER DOYEN: Second. AYES: All Members. (No objections at this time). The hearing was recessed for a continuation and final hearing to be held on Thursday, June 29, 1995 at 7:15 p.m. This resolution was duly adopted by unanimous vote. MR. COUDREY: Thank you. ZBA:lk Page 2 James Lebkuecher - Ocean City Club June 24, 1994 RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final surveys dated April 19 and June 20, 1994, subject to a one year review from date of building pemnlL Enclosed please find a copy of the survey which was endorsed by the Chairman. Please contact this office if you have any questions regarding the above. r cerely, Richard G. Ward Chairman enc. cc: Thomas Fisher, Senior Building Inspector Scott Russell, Chairman, Board of Assessors V Gerard P. Goehringer, Chairman, Board of Appeals PLANNING BOARD MEMBERS l l Richard G. Ward, Chairman a Town Hall, 53095 Main Road George Ritchie Latham, Jr. P. O. Box 1179 Bennett Orlowski, Jr. Southold, New York 11971 Mark S. McDonald Fax (516) 765-3136 Kenneth L. EdwardsTelephone (516) 765-1938 PLANNING BOARD OFFICE - . I!I TOWN OF SOUTHOLD JUN 2 7 I994 June 24, 1994 James Lebkuecher Ocean City Club P.O. Box 843 Jamesport, NY 11947 Re: Proposed site plan for Ocean City Club, Rt. 25, Laurel SCTM# 1000-122-6-36 Dear Mr. Lebkuecher: The following resolution was adopted by the Southold Town Planning Board at a special meeting held on Friday, June 24, 1994: WHEREAS, the LKC Corporation is the owner of the property known and designated as the Ocean City Club, SCTM#E 1000-122-6-36 located at Route 25 in Laurel; and WHEREAS, a formal application for the approval of this site plan was submitted on May 20,1993; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, UUticle 8l, Part 617, declared itself lead agency and issued a Negative Declaration on April 18, 1994; and WHEREAS, a Special Exception was granted by the Zoning Board of Appeals on June 13, 1994; and WHEREAS, this site plan was certified by Thomas Fisher, Senior Building Inspector, on June 17, 1994; be it therefore WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met, and 0 0 fO( APPEALS BOARD MEMBERS ~o~OS~F,~~o Gy ~ Southold Town Hall Gerard P. Goehringer, Chairman y x 53095 Main Road Serge Doyen, Jr. %~a • P.O. Box 1179 James Dinizio, Jr. y O~ Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM TO: Gary Fish, Building Inspector FROM: Chairman and Members, Zoning Board of Appeals DATE: December 16, 1994 SUBJECT: Hazardous Parking Conditions near Ocean City at Mattituck ZBA Conditions Established under Special Exception It has been brought to our attention through the community that there have been blatant violations of the parking requirements and conditions established under the Special Exception and site plan pertaining to the Ocean City establishment. You are hereby requested to act in whatever manner is available to you to enforce the conditions established under the Special Exception as well as other provisions of the zoning code and building codes. The parking lot to the west of the above premises is not being used as agreed by the owner and tenant under our Special Exception review, and the written lease between the occupant and Joseph Crenshaw, owner of the property to the west pertaining to additional parking availability, which is now not being honored. (A copy of the written lease and our Special Exception conditions are attached for your reference and use.) Also, please provide us, in writing, of the efforts you have taken and your knowledge or other information pertaining to your investigation of this situation. If further information is needed about our request, please feel free to contact any member of the Zoning Board directly. ~~g~FFOIKCOG C~k APPEALS BOARD MEMBERS yo y~ o Southold Town Hall Gerard P. Goehringer, Chairman z H 53095 Main Road Serge Doyen, Jr. ~+p P.O. Box 1179 James Dinizio, Jr. y aOt Southold, New York 11971 Robert A. Villa ~Ol *c Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS a TOWN OF SOUTHOLD - 4 )t, DES i 619 ' INTER-DEPARTMENTAL MEMORANDUM TOWN OF S EB(F101D TO: Gary Fish, Building Inspector FROM: Chairman and Members, Zoning Board of Appeals DATE: December 16, 1994 SUBJECT: Hazardous Parking Conditions near Ocean City at Mattituck ZBA Conditions Established under Special Exception It has been brought to our attention through the community that there have been blatant violations of the parking requirements and conditions established under the Special Exception and site plan pertaining to the Ocean City establishment. You are hereby requested to act in whatever manner is available to you to enforce the conditions established under the Special Exception as well as other provisions of the zoning code and building codes. The parking lot to the west of the above premises is not being used as agreed by the owner and tenant under our Special Exception review, and the written lease between the occupant and Joseph Crenshaw, owner of the property to the west pertaining to additional parking availability, which is now not being honored. (A copy of the written lease and our Special Exception conditions are attached for your reference and use.) Also, please provide us, in writing, of the efforts you have taken and your knowledge or other information pertaining to your investigation of this situation. If further information is needed about our request, please feel free to contact any member of the Zoning Board directly. r r,JrrtyL r , APPEALS BOARD MEMBERS ` Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. r P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa end _ a Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION Appl. No. 4246 - LKC CORP. This is a request for a Special Exception to establish (re-establish) a drinking establishing use as listed under Article X1, Section 100-101B of the Zoning Code in an existing principal building. The subject premises is nonconforming with a lot area of approximately one-half acre and 115+- ft. frontage along the north side of the Main Road and is located in the B-General Business Zone District. Property Address: 6955 Main Road, Laurel, NY; County Tax Map No. 1000-122-6-36. WHEREAS, after due notice, a public hearing was held on June 8, 1994, at which time all persons who desired to be heard were heard; and I WHEREAS, Article IX, Section 100-1016 specifically allows a "drinking establishment" in this B-General Business Zone District; and WHEREAS, the prior use of the subject building, as exists, was for a drinking establishment known as "The Raz-Ma-Taz" and which was established under the zoning code in effect prior to January 1989 and which did not require a Special Exception or other Zoning Board of Appeals action; and WHEREAS, the Board has considered the general standards listed at Section 100-263 of the zoning code; and determines that: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or 'of permitted or legally established uses in adjacent use districts; C. That the safety, health, welfare, comfort, convenience or order of the town will not be adversely affected by the proposed use and its location; D. That the use will be in harmony with and promote the general purposes and intent of this chapter (see notations, infra); P--ge 2 - Aippl. No. 4246 • • Aplication of LKC CORP. Decision Rendered June 13, 1994 E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance; F. That the building in which the proposed use is hereby authorized must be readily accessible for fire and police protection; and WHEREAS, the surrounding area consists of the following uses and business: (a) to the west are a car wash facility, car repair business {Tyler}, masonry and landscaping businesses; (b) to the east are Kreiger Well E Pump, a hobby shop with retail sales, a newspaper publishing and distribution center; (c) to the south is the Main Road and to the southeast is a gasoline service station with accessory convenience store, (d) to the north is the L. I. Railroad; WHEREAS, the Board Members in making this determination, have considered subsections A to P, inclusive, of Section 100-264 of the Zoning Code, and finds that additional conditions and safeguards are necessary and are hereby incorporated in this permit-as further noted below; NOW, THEREFORE, on motion by Chairman Goehringer, seconded by Member Dinizio, it was DETERMINED, that the within application meets all the standards and use provision of the zoning code; and it was further RESOLVED, to GRANT a Special Exception, for the (re-instatement of) use as a drinking establishment pursuant to Article XI, Section 100-101B, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The owner and/or operator of this proposed establishment shall provide parking attendants during high-occupancy hours (especially for evening events) in order to direct vehicles for appropriate parking on this parcel and to the adjoining Crenshaw parcel to the west, and with all efforts shall be taken in avoiding hazardous or unsafe conditions to the customers, the traveling public, and adjoining property owners in the area; 2. This Special Permit is based upon the maximum occupancy of 75 persons total at these premises at any one time. Any increase in this maximum-permitted occupancy (established by the Suffolk County _ Department of Health Services) may require further application and re-consideration by the Board of Appeals, the Planning Board, and other agencies having jurisdiction hereunder. 3. Overflow parking must be available on an adjoining parcel. Presently, this permit is subject to the limited two-year lease for overflow parking on the Crenshaw parcel to the west. Further Paye 3 - Appl. No. 4246 • • Aplication of LKC CORP. Decision Rendered June 13, 1994 consideration may be required in the event sufficient parking is not made available. 4. Owner and/or operator shall furnish a written detailed statement, under oath, as to the number of persons occupying the premises at any one time during.the next 10-month period. 5. The occupancy at this site shall be limited to 75 persons, maximum total (building and outside areas), as requested. 6. This permit shall expire on July 31, 1995, and may be renewed, after a further public hearing. and. after further Board consideration of all the Zoning Code standards and considerations listed at Sections 100-263 and 100-264. pertaining to the effects of this use. 7. Based upon the Code of the Town of Southold, the use of the premises is limited to only one principal use. 8. This Special Permit is subject to the owner and/or operator's obtaining written approvals from the Southold Town Planning Board, the Southold Town Building Department, Suffolk County Department of Health Services, and any other agency having jurisdiction thereunder before occupancy; 9. The buffer zone area shall remain as shown (any change will require review and approval by the Zoning. Board Chairman); 10. All lighting. must be shielded to the ground and not be adverse to neighboring areas. 11. Parking shall • be limited to this site and the adjoining Crenshaw parcel (during the term of the lease or agreement), without parking along the shoulder of the Main Road or otherunauthorized areas; 12. Additional or overflow parking must be valet-type (with attendants). Additional or overflow parking is necessary by separate written agreement with the owner of another nearby land. Vote of the Board: Ayes: Messrs. Dinizio, Wilton and Goehringer. (Member Villa and Member Doyen, of Fishers Island, were absent.) This resolution was duly adopted. I:EC 4 ' AND FILED BY TY.E SOUT1CLD TOWN CLLRK DFIIE~(:/Y HgUR E RARD P. D OF A PEALS GER, CH RMAN 1' 0-.11W Town Clerk, Town of Southold I ~I! R• tO'-DlumbeR a Imorovtd Gllacr IT•78~ Juuue nwMnY t O13 Pueue HCn. NYC C main ll " ,I LCIIYent BETWEEN JOSE CRENSHAW, Main Road, Laurel, New York_ 11948, I, o as Landlord 7 II tand:JASTA, INC., M Road, Laurel, Neer York, 11948 (JASTA, INC., is doing ness as Ocea ity) as Tenant II Wltntggtd): The Landlord hereby leases to the Tenant the following premises: parking lot at Main Road, Laurel, New York, 11948, ~~p~1 for the term of two (2) years rtANNBOARD I~ to commence from the $x~ zxrtc~x®fxAa~YOyxkkisxa~zesmsiat opening of rdxxxxtr&=aaataoxxhr the tenant's place of business. Xapcabc IA ;to be used and occupied only for a parking lot for guests and patrons of Ocean City between the hours of 6:00 p.m. & !;I 15:00 a.m. daily. All covenants and agreements contained herein apply only during the daily hours of 6:00 p.m, and 5:00 a.rp. unless otherwise specifie as the landlord will be using the parking lot at all other times. upon the conditions and covenants following: 113t. That the Tenant shall pay the annual rent of FIVE THOUSAND FOUR HUNDRED AND 00/100---- --------------------------------($5,400.00)---------------------- Dollars, said rent to be paid in equal monthly payments in advance on the 1St day of each and every month during the term aforesaid, as inflows: Four Hundred Fifty and 00/100-------- ($450.00) Dollars per month. II i S h~ rvtonis 5 e c ~fcf ~y sec leb~~ ale ?LCa~, r4 I~ be- fl Sec aS has S/~c /'uavc `S o~~2f2-t - 9y 4-6 ~ 2nd. That the Tenant shall take good care of the premises and shall, at the Tenant's own cost and expense ?gf{?{gpA>X.}t !clear and clean the parking lot each morning after the completion of each day's use, i 4 and at the end or other expiration of the term, shall deliver up the demised premises in good order or condition, damages by the elements excepted. 3rd. That the Tenant shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and require. ments of the Federal, State and Local Governments and of any and all their Departments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with said premises during said term; and shall also promptly comply with and execute all rules, orders and regulations of the New York Board of Fire Underwriters, or any other similar body, at the Tenant's own cost and expense. 4th, That the Tenant, successors, heirs, executors or administrators shall not assign this agreement, or underlet or under. lease the premises, or any part thereof, or make any alterations on the premises, without the Landlord's. consent in writing; or occupy, or permit or su9er the same to be occupied for any business or purpose deemed disreputable or extra-hazardous on account of fire, under the penalty of damages and forfeiture, and in the event of a breach thereof, the term herein shall im. medively cease and determine at the option of the Landlord as if it were the expiration of the original term. Sth. Tenant must give Landlord prompt notice of fire, accident, damage or dangerous or defective condition. Il the Premises can not be used because of fire or other casualty, Tenant is not required to pay rent for the time the Premises are unusable. If part of the Premises can not be used, Tenant must pay rent for the usable part. Landlord shall have the right to decide which part of the Premises is usable. Landlord need only repair the damaged structural parts of the Premises. Landlord is not required to repair or replace any equipment, fixtures, furnishings or decorations unless originally installed by Landlord. Land. lord is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under Landlord's control. If the fire or other casualty is caused by an act or neglect of Tenant, Tenant's employees or invitees, or at the time of the fire or casualty Tenant is in default in any term of this Lease, then all repairs will be made at Tenant's expense and Tenant must pay the full rent with no adjustment. The cost of the repairs will be added rent. Landlord has the right to demolish or rebuild the Building if there is substantial damage by fire or other casualty. Landlord may cancel this Lease within 30 days after the substantial fire or casualty by giving Tenant notice of landlord's intention to demolish or rebuild. The Lease will end IO days after Landlord's cancellation notice to Tenant. Tenant must deliver the Premises to Landlord on or before the. cancellation date in the notice and pay all rent due to the date of the fire or casualty. If the Lease is cancelled Landlord is not required to. repair Ai Premises or Building. The cancellation does not release Tenant of liability in connection with the fire or casualty. This Section is intended to replace the terms of New York + Real Property Law Section 227. MAY 1 7 •4NOr . . r - arti.rrr.~ ?~atlr9.91M0~ ~ ro rrnu,a rd rrroa r,rpout h,nJUau or nro/ra ra r,oa. ~Op 1'I made in the payment of the said rent or any put $hereof, or it or default be made in the performance of any a cove. i~ anal; herein contained, the Landlord or representatives may re-eater the said premises by /ores otherwise, and remove all persona therefrom, without being liable to , sum hereby dings or prosecution therefor, and t7 a+at hereby the rent i waiver the service of nay notice in writing of Intention to re-eater, and and the the Tenant she at tba same time as expressly the rear becomes payable under the terms hereof a sum equivalent to the rent reserved here the Landlord may rent the premises l~ on behalf of the Tenant, reserving the right to rent the premises for a /o period of time ebaa fixed in the original lease without releasing the original Tenant from any liability, applying a oneys collected, first to the expense of resuming or obtaining possession, second to restoring the premises to a able condition, and then to the payment of the rent sad all other charges due and to grow due to the Landlord surplus to be paid to the Tenant, who shall remain liable for an deficiency. y 9th. Landlord may, replace, at the Use of Tenant, any and all broken glass in and about the demised premises. Landlord may insure, and keep insured p ate glass in the demised premises for and in the name of Landlord. Bills, for the premiums therefor shall be ren y Landlord to Tenant at such times as Landlord may elect, and shall be due from, and payable by !i Tenant when red, and the amount thereof shall be deemed to be, and be paid as, the sai emises, caused by the carelessness, negligence or improper conduct on fhe pardt tofnthersa'd1Tenantgor the/Tenant's 10th. That the Tenant shall neither encumber nor obstruct the sidewalk in front of, entrance to, or balls and stairs of said premises, nor allow the same to be obstructed or encumbered in any manner. i~ 11th. The Tenant shall neither place, or cause or allow to be placed, any sign or signs of any kind whatsoever at, in or about the entrance to said premises or any other part of same, except in or at such place or places as may be indicated by the Land. lord and consented to by the Landlord in writing. And in case the Landlord or the Landiord's.representatives shall deem it necessary to remove May such sign or signs in order to paint the said premises or the building wherein same is situated or make any other repairs, alterations or improvements in or upon said premises or building or any part thereof, the Landlord shall have the right to do so, providing the some be removed and replaced at the Landlord's expense, whenever the said repairs, alterations or improvements shall be completed. ail 12th., That the Landlord is exempt from any and all liability for any damage or is ur to resulting from steam, electricity, gas, water, rain, ire or snow, or any teat or Bow from or into oan any part of said building or from any damage or injury resulting or arising from any other cause or happening whatsoever unless said damage or injury be caused by or be due to the negligence of the Landlord. 13th. That if default be made is nay of the covenants herein contained, then it shall be lawful for the said Landlord to re- enter the said premises, and the some to have again, re-possess and enjoy. The said Tenant hereby expressly waives the service of any notice in writing of intention to re-enter. 14th. That this instrument shall Dot be a lien against said premises in respect to any mortgages that are now on or that here. after may be placed against said premises, and that the recording of such mortgage or mortgages shall have preference and precedence and be superior and prior in lien of this lease, irrespective of the date of recording and the Tenant agrees to ex.' ecute without cost, any such instrument which may be deemed necessary or desirable to further effect the subordination of this i lease to any such mortgage or mortgages, and a refusal to execute such instrument shall entitle the Landlord, or the Land. lord's assigns and legal representatives to the option of cancelling this lease without incurring any expense or damage and the term hereby granted is expressly limited accordingly, :i 15th. The Tenant has this day deposited with the Landlord the sum of j as security for the faithful performance by the Tenant of all the terms, covenants and conditions of this lease upon the Tenant's part to obeaperformed, which said sum shall be returned to the Tenant after the time fixed as the expiration of the term herein, provided the Tenant has fully and faithfully carried out all of said terms, covenants and conditions on Tenant's part to be performed. In the event of a bona fide sale, subject to this lease, the Landlord shall have the right to transfer the security to the vendee for the benefit of the Tenant and the Landlord shall be considered released by the Tenant from all liability for the return of such security; and the Tenant agrees to look to the new Landlord solely for the return of the said security, and it is agreed that I this shall apply to every transfer or assignment made of the security to a new Landlord. i lip 16th. That the security deposited under this lease shall not be mortgaged, assigned or encumbered by the Tenant without the written consent of the Landlord. 17th. It is expressly understood and agreed that in case the demised premises shall be deserted or vacated, or if default be made in the payment of the rent or any part thereof as herein specified, or if, without the consent of the Landlord, the Tenant shall sell, assign, or mortgage this lease or if default be made in the performance of any of the covenants and agreements in this lease contained on the part of the Tenant to be kept and performed, or if the Tenant shall fail to comply with any of the statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and Local Governments or of any and all their Departments and Bureaus, applicable to said premises, or if the Tenant shall file or there be filed against Tenant a petition in bankruptcy or arrangement, or Tenant be adjudicated a bankrupt or make an assignment for the benefit of creditors ~i or take advantage of any insolvency act, the Landlord may, if the Landlord so elects, at any time thereafter terminate this i lease and the term hereof, on giving to the Tenant five. days' notice in writing of the Landlord's intention so to du, and this lease and the term hereof shall expire and come to an end on the date fixed in such notice as if the said date were the date originally fixed in this lease for the expiration hereof. Such notice may be given by mail to the Tenant addressed to the demised premises. 'I 18th, Tenant shall pay to Landlord the rent or charge, which may, during the demised term, be assessed or imposed for the water used or consumed in or on the said premises, whether determined by meter or otherwise, as soon as and when the same ~i may be assessed or imposed, and will also pay the expenses for the setting of a water meter in the said premises should the latter be required. Tenant shall pay Tenant's proportionate part of the sewer rent or charge imposed upon the building. All such rents or charges or expenses shall be paid as additional real and shall be added to the next month's rent thereafter to become due. - 19th. That the Tenant will not nor will the Tenant permit undertenaats or other persons to do anything in said premises, or bring anything into said premises, or permit anything to be brought into said premises or to be kept therein, which will in any way increase the rate of fire insurance on said demised premises, nor use the demised premises or any part thereof, nor suffer or permit their use lot any business or purpose which would cause an increase in the rate of fire insurance on said building, and the Tenant agrees to pay on demand any such increase. 20th. The failure of the Landlord to insist upon a strict performance of any of the terms, conditions and covenants herein, shall not be deemed a waiver of any rights or remedies that the Landlord may have, and shall Dot be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. This instrument may not be changed, modified, discharged or terminated orally, 213t. If the whole or any part of the demised premises shall be acquired or condemned by Emineat Domain for as quasi public use or purpose, then and in that event, the term of this lease shall cease and terminate from the dare o'blic title pu vesting in such proceeding and Tenant shall have no claim against Landlord for the value of an unex any No part of any award shall belong to the Tenant. Y Piled term of said lease. e. .e. w 4 M).rt .,Mrr Ne urme .1,J coermnu ~oor.,"rJ ,a rA,. rr.ar ar br rhr rre<rmrnrler rho Tenant by mmm.q,proe.. d, . naa or erJOwt+r, or after the abandonment of the premises by the Tenant, i0 is benbr agreed that the Tenant shall remain liable and she)/ par to monthly payments the rent which accrues subsequent to the re-entry by the Landlord, and the Tenant expressly 11,11, to pay as damages for the breach of the covenants herein contained, the difference between the rent reserved and the rent collected and received, it any, by the Landlord during the remainder of the unexpired term, such difference or deficiency . , between the rent herein reserved and the rent collected if any, shall become due and payable in monthly payments during the remainder of the unexpired term, as the amounts of such difference or deficiency shall from time to time be ascertained, and it is njutually agreed between Landlord and Tenant that the respective parties hereto shall and hereby do waive trial by jury ! in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with this lease, the Tenant's use or occupancy of said premises, and/or any claim of injury q or damage. ° 24th. The Tenant waives all rights to redeem under any law of the State of New York. 25th. This lease and the obligation of Tenant to pay rent hereunder and perform all of the other covenants and agree. meats hereunder on part of Tenant to be performed shall in nowise be aflectid, impaired or excused because Landlord is unable to supply or is delayed in supplying Say service expressly or impliedly to be supplied or is unable to make, or is .i delayed in making any repairs, additions, alterations or decorations or is unable to supply or is delayed in supplying soy equipment or fixtures if Landlord is prevented or delayed from so doing by reason of governmental preemption in connec. I, tioa with a National Emergency or in connection with any rule, order or regulation of any department or subdivision thereof of any governmental agency or by reason of the condition of supply and demand which have been or are affected by war or other emergency. y 26th. No diminution or abatement of tent, or other compensation, shall be claimed or allowed for inconvenience or discom- fort arising from the making of repairs or improvements to the building or to its appliances, nor for any space taken to comply with any law, ordinance or order of a governmental authority. In respect to the various "services," if any, herein expressly or impliedly agreed to be furnished by the Landlord to the Tenant, it is agreed that there shall be no diminution or abatement of the rent, or any other compensation, for interruption or curtailment of such "service" when such interruption or curtailment shall be due to accident, alterations or repairs desirable or necessary to be made or to inability or difficulty is securing supplies or labor for the maintenance of such "service" or to some other cause, not gross negligence on the part of the Landlord. No such interruption or curtailment of any such "service" shall be deemed a constructive eviction. The Landlord shall not be + required to furnish, and the Tenant shall not be entitled to receive, any of such "services" during any period wherein the Tenant shall be in default in respect to the payment of rent. Neither shall there be any abatement or diminution of rent because of making of repairs, improvements or decorations to the demised premises after the date above fixed for the commencement of the term, it being understood that rent shall, in any event, commence to run at such date so above fixed. 27th. Landlord shall not be liable for failure to give possession of the premises upon commencement date by reason of the fact that premises are not ready for occupancy or because a prior Tenant or any other person is wrongfully holding over or is in wrongful possession, or for any other reason. The rent shall not commence until possession is given or is available, but the term herein shall not be extended. i i i And the said Landlord doth covenant that the said Tenant on paying the said yearly rent, and performing the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy the said demised premises for the term aforesaid, pro- vided however, that this covenant shall be conditioned upon the retention of title to the premises by the Landlord. &b it ig 11111tUa((p UUbergtoob anb agrttb that the covenantr and agreements contained in the within lease shall be binding upon the parties hereto and upon their respective successors, heirs, executors and administrators. 3n Witnta Mjtrtor, the parties have interchangeably set their hands and seals (or caused these presents to be signed by their proper corporate officers and caused their proper corporate seal to be hereto affixed) this day o(. 1993 Signed, sealed and delivered In the presence of ~ J I"'CRE1V5 By: ~ ;mes 4LeU r, pes ident l S T1a d IU W FT t~Sd F z 71 3 ~.Ih 1 F ;Y1 :0 e3 W~ Ek/S Ti.UG ~PT.[ E)C 1$TIN ~hLp1~V . A SUF,-•OLK COUNTY DEPARTMENT OF HEALTH SEWlCr Based an the information H D. Ref. No. /1111 determined t s°bm,ned it has boon -L additional that this project does trot require FVe disposal or water supply facilities e 4PProved i r' n aeco,-dance with . doterm Board of Ret lop Y ination dated x,41. r Y. M~ MAY ._'P:'Fit bT~2T~ FsELr~ ota bASco o.V ~.PND 6v2.i Y r~ ttt~~~. rrr~~~ rrr~~~ tt r~~~~~'''.'''~~~ -"DhTi'D S/-lb-y3. Ar_~ ~nn.r~_ TU MR. KQ1-iI.IETM LUWR~Y 1 111 U ~S CASE NUMBER INCIDENT REPORT REPOR ' 11 C ER Ali I `i • Southold Town Police oAT ACTIVITY NUMBER Department Route 25 OCCURRED Pecork, New York 11858 CASE DESCRPTION' 616-76$-2600 FROM HRS CLASS CODE CASETY ? CRIMINAL CASE TO HRS X NONCRIMINAL DESK OFFICER HOW RECEIVED yy~'~/CALL FOR SERVICE 1 D. ?OFFK:ER INITIATED l` PATROL OFFICER 7 ? COUNTER REPORT PAGE \ OF ou ~ { r L INCIDENT LOCATION lJ Y-TI K L R. C OcC- C~T~~ 1 co`t1 Zgt rn~+it~c-{nom EC7 + x A NBR STREET NAME TYPE OIR APT. SECTOR ? BLOCK ? COMMERCIALBLDG. ? PUBLIC BLDG. ? SCHOOL O COUNTRYCLUBIGROUNDS ? INTERSECTION ? INDUSTRIAL BLDG. ? PUBLIC PARK ? BANK ? OTHER N ? PRIVATE HOME O MULTI DWELLING* LOT O CHURCH PERSON INVO V M NT CODES C-COMPLAINAIN F-FINDER M - MISSING PERSON R- REPORTING PERSON VICTIM D - DRIVER I-INJURED/AIDED O.OWNER S - SUSPECT IN W-WITNESS E - EMPLOYEE J- JUVENILE P- POLICE OFFICER U-UNKNOWN Z-OTHER PERSON LAST NAME FIRST 11 ADDRESS A_r~ Ot.l: V-Y\ %Z~ vi CODE HOME PHONE BUSIN E OCCUPATKIN L RACE SEX DOB AGE HGT WG7 EYES R COMPLEXION RACE CODES F A-ASIAN/ORIENTAL B-BUCK H - HISPANIC I -AMERICAN INDIAN O - OTHER W.WHITE E PERSON LASTNAME FIRST MI ADDRESS g z LCC'_~ LtL_.)ECAFL2 514n~[; Ifiz~rt\ LT ~2mtSPa~ O CODE HOME PHONE BUSINESS PHONE OCCUPATION N C7 -1-L 0-1 S S RACE SEX DOB . AGE I HOT WGY EYE HAIR COMPLEXION Yt'~N 117OS \.1 ` c Z. PERSON LAST NAME FIRST MI ADDRESS CODE HOME PHONE BUSINESS PHONE OCCUPATION RACE SE% DOB AGE HOT WOT EYES HAIR COMPLEXION ' Ty„o O•Ii/ /~Y'~ IJIJ . CU.'~'~,P K> n:\~ \li 1 ~T"~'YS G,Z.O(~-'~\v C A ti 157 3,-t Q--A, CS nvms, ticr~ of , u+~ Rr] rs2~ h 5 PLY,5 -5? R l A C t` C rL OF C~1t S W 1\ c? 1./.~L'~'L E Ct=r, ! ~--4,r ~-T r..I n >,'s . -5'\'1C 8:7TL,~. rs ~ I IJ Y.Tjcc\ STL ~ OFr Lcx r~ s-eO<C w n-F~ 5k_v3 zr T A Z- o--'I:> -T1`F'ST 1't%:~ U-~El10> NM-IFN7 VQU C it 1-I fC. (ir\ l'Y:~t A-Y1t> 1-h-a yo.~Fa+3 Aoyrtoecatcr~ ~c c~s~=h 1*p GLVG ~t~t-Ytl tJ PDTS-1 A O~~g~FFO(,~~9 y~ Town Hall, 53095 Main Road co me Fax (516) 765-1823 P. O. Box 1179 ,F Telephone (516) 765-1802 Southold, New York 11971 alp! ~ ~a OFFICE OF THE BUILDING INSPECTOR TOWN OF SOUTHOLD - n,17 t AW IT TO: Zoning Board of Appeals - SD. Qn FROM: Gary J. Fish, Building Inspector RE: Ocean City and its compliance with the Special Exception rendered June 13, 1994. DATE: May 17, 1995 I am sure all members of the board are aware of the violations to the Special Exception that exists at Ocean City. In particular, the parking situation and the occupancy load as it applies to the Health Department requirements. In the early morning hours of May 13, 1995 at approximately 1:00 A.M. I made a visit to Ocean City and personally observed overcrowding inside the establishment and many cars parked along Route 25 on both sides of the road. There were in my estimation well in excess of 200 persons inside and as many as 60 cars parked along Route 25. These are both direct violations of the Special Exception that Ocean City has and in light of these violations, I recommend that their Special Exception be revoked as stated in the Zoning Code of the Town of Southold Article XXVI Chapt. 100-262 D. (2). GJF:gar APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Diniao, Jr. ? • Robert A. Villa Southold, New York 11971 Fax (516) 765-1823 Richard C. wlton i Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION Appl. No. 4246 - LKC CORP. This is a request for a Special. Exception i to establish (re-establish) a drinking establishing use as listed under Article XI, Section 100-1018 of the Zoning Code in an existing. principal building. The subject premises is nonconforming with a lot area of approximately one-half acre and 115+- ft. frontage along the north side of the Main Road and is located in the B-General Business Zone District. Property Address: 6955 Main Road, Laurel, NY; County Tax Map No. 1000-122-6-36. WHEREAS, after due notice, a public hearing was held on June 8, 1994, at which time all persons who desired to be heard were heard; and WHEREAS, Article IX, Section 100-101B specifically allows a "drinking establishment" in this B-General Business Zone District; and WHEREAS, the prior use of the subject building, as exists, was for a drinking establishment known as "The Raz-Ma-Taz" and which was established under the zoning code in effect prior to January 1989 and which did not require a Special Exception or other Zoning Board of Appeals action; and WHEREAS, the Board has considered the general standards listed at Section 100-263 of the zoning code; and determines that: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts; C. That the safety, health, welfare, comfort, convenience or order of the town will not be adversely affected by the proposed use and its location; D. That the use will be in harmony with and promote the general purposes and intent of this chapter (see notations, infra); Page 2 - Appl. No. 4240 Aplication of LKC CORP. Decision Rendered June 13, 1994 E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance; F. That the building in which the proposed use is hereby authorized must be readily accessible for fire and police protection; and WHEREAS, the surrounding area consists of the following uses and business: (a) to the west are a car wash facility, car repair business {Tyler}, masonry and landscaping businesses; (b) to the east are Kreiger Well E Pump, a hobby shop with retail sales, a newspaper publishing and distribution center; (c) to the south is the Main Road and to the southeast is a gasoline service station with accessory convenience store, (d) to the north is the L.I. Railroad; WHEREAS, the Board Members in making this determination, have considered subsections A to P, inclusive, of Section 100-264 of the Zoning Code, and finds that additional conditions and safeguards are necessary and are hereby incorporated in this permit -as further noted below; NOW, THEREFORE, on motion by Chairman Goehringer, seconded by Member Dinizio, it was DETERMINED, that the within application meets all the standards and use provision of the zoning code; and it was further RESOLVED, to GRANT a Special Exception, for the (re-instatement of) use as a drinking establishment pursuant to Article XI, Section 100-101B, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The owner and/or operator of this proposed establishment shall provide parking attendants during high-occupancy hours (especially for evening events) in order to direct vehicles for appropriate parking on this parcel and to the adjoining Crenshaw parcel to the west, and with all efforts shall be taken in avoiding hazardous or unsafe conditions to the customers, the traveling public, and adjoining property owners in the area; 2. This Special Permit is based upon the maximum occupancy of 75 persons total at these premises at any one time. Any increase in this maximum-permitted occupancy (established by the Suffolk County Department of Health Services) may require further application and re-consideration by the Board of Appeals, the Planning Board, and other agencies having jurisdiction hereunder. 3. Overflow parking must be available on an adjoining parcel. Presently, this permit is subject to the limited two-year lease for overflow parking on the Crenshaw parcel to the west. Further Page 3 - Appl. No. 4240 Aplication of LKC CORP. Decision Rendered June 13, 1994 consideration may be required in the event sufficient parking is not made available. 4. Owner and/or operator shall furnish a written detailed statement, under oath, as to the number of persons occupying the premises at any one time during: the next 10-month period. 5. The occupancy at this site shall be limited to 75 persons, maximum total (building and outside areas), as requested. 6. This permit shall expire on July 31, 1995, and may be renewed, after a further public hearing and. after further Board consideration of all the Zoning Code standards and considerations listed at Sections 100-263 and 100-264• pertaining to the effects of this use. 7. Based upon the Code of the Town of Southold, the use of the premises is limited to only one principal use. 8. This Special Permit is subject to the owner and/or operator's obtaining written approvals from the Southold Town Planning. Board, the Southold Town Building Department, Suffolk County Department of Health Services, and any other agency having jurisdiction thereunder before occupancy; 9. The buffer zone • area. shall. remain as shown (any change will require review and approval by the Zoning. Board Chairman); 10. All lighting. must be shielded to the ground and not be adverse to neighboring areas. 11. Parking shall be limited to this site and the adjoining Crenshaw parcel (during the term of the lease or agreement), without parking along the shoulder of the Main Road or other unauthorized areas; 12. Additional or overflow- parking must be valet-type (with attendants). Additional or overflow parking is necessary by separate written agreement with the owner of another nearby land. . Vote of the Board: Ayes: Messrs. Dinizio, Wilton and Goehringer. (Member Villa and Member Doyen, of Fishers Island, were absent.) This resolution was duly adopted. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK/ DATE H E ARD P. GOEH NGE , CH RMAN RD OF APPEALS Town Clerk, Town of Southold PUREWATER DIV. OF KREIGER WELL & PUMP CORP. MAY 1 5 , BOX 101 - MAIN ROAD MATTITUCK, NEW YORK 11952 PHONE (516) 298-4141 • FAX (516) 298-4426 - BUILDING DEPARTMENT MAY 12, 1995 SOUTHOLD TOWN NEW YORK RE: ABUSE OF PARKING TO WHOM IT MAY CONCERN: WE HAVE AN ONGOING PROBLEM HERE AT KREIGER WELL & PUMP CORP. LAST YEAR A NEW BUSINESS SPRANG UP AT THE LOT TO THE WEST OF US. THIS BUSINESS IS CALLED OCEAN CITY. IT SEEMS THEY HAVE QUITE A CROWD AT NIGHT. THE PARKING AVAILABLE AT THE OCEAN CITY SITE IS INSUFFICIENT. PEOPLE HAVE BEEN USING ALL OF THE NEARBY BUSINESSES TO PARK. WE'VE EVEN PUT UP PARKING BARRIERS IN FRONT OF THE OFFICE ONLY TO FIND THEM TAKEN DOWN THE NEXT MORNING. ALONG WITH THAT PROBLEM, WE HAVE TO POLICE THE AREA FOR BEER BOTTLES & CANS, FOOD WRAPPERS, PAPER BAGS, BROKEN GLASS, ETC. AFTER EVERY EVENING SESSION THEY HOLD. A SECONDARY PROBLEM HAS US CONCERNED. SOMEONE HAS PUT UP A NYNEX PAY PHONE RIGHT ON THE EDGE OF OUR PROPERTY, ACTUALLY ON THE ADJACENT PROPERTY ABOUT A FOOT FROM OUR PROPERTY LINE. EVERYONE IS USING OUR PARKING LOT TO PARK WHILE USING THE PHONE. THIS INCLUDES TRAVELERS, BUSINESS PERSONS, TRUCK DRIVERS, DELIVERY PEOPLE AND SOME QUESTIONABLE CHARACTERS. THERE HAVE BEEN TOO MANY INCIDENTS WHERE WE COULDN'T LEAVE THROUGH OUR GATE BECAUSE OF CARS USING OUR LOT TO PARK WHILE MAKING A PHONE CALL. LARGE SEMI-TRAILERS HAVE PARKED IN FRONT BLOCKING THE WHOLE DRIVEWAY. WHEN WE GET DELIVERY TRUCKS TO DROP OFF MERCHANDISE, THEY CAN'T BACK IN OR PULL OUT BECAUSE OF WHAT I WOULD CALL ILLEGAL USE OF OUR PROPERTY TO PARK. WE'VE HAD ONE INCIDENT WHERE A TRUCK COULDN'T CONTINUE TO BACK UP TO OUR GATE AND A CAR COMING FROM THE WEST HAD TO SLAM ON THEIR BRAKES TO AVOID A COLLISION. THE FIRST PROBLEM SHOULDN'T EVEN EXIST BECAUSE OF LACK OF PARKING AT THEIR SITE. THE BUSINESS SHOULDN'T BE ALLOWED TO EXIST IF THERE ISN'T PROPER PARKING. THE PEOPLE WHO OWN OR RUN OCEAN CITY APPROACHED US BEFORE THEY OPENED. THEY WANTED OUR OK TO USE OUR PARKING LOT. WE SAID NO. THE SECOND PROBLEM IS THE STRAW THAT BROKE THE CAMELS BACK. NOW WE HAVE PROBLEMS IN THE DAY AS WELL AS THE NIGHT. WE ASK YOU TO PLEASE LOOK INTO THIS PROBLEM AND GET BACK TO US. AS A LONG STANDING BUSINESS IN THE COMMUNITY WE FEEL WE HAVE THE RIGHT TO OBJECT TO THE ABOVE. SINCERELY, TOM DEMOPOULOS MANAGER-PUREWATER DIV. KREIGER WELL & PUMP l,~r S STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. t 1788-5518 EDWARD J. PETROU. P.E. JOHN B. DALY REGIONAL DIRECTOR COMMISSIONER April 3, 1995 RECENW Mrs. Judith T. Terry Southold Town Clerk APR 4 1995 - _ A Ili 53095 Main Road Sowl A Town d MAY $ ^c~ P.O. Box 1179 Southold, NY 11971 - Dear Mrs. Terry: Yo December 29. 1994 Letter 14 z ~ Parking T7 $equest Matt ck We have completed our investigation of the Town Board's request to restrict parking on both sides of Route 25 from the LIRR Bridge to east of Bray Avenue. Route 25 in this area has a slight curve, the inside of which is on the north side of Route 25. Because of this curve, numerous driveways and a varying shoulder width we will restrict parking on the north side of Route 25. The restriction will begin just east of the bridge and extend east of the driveway of the Times/Review Newspapers. We determined there was no need to restrict parking , at this time, on the south side of Route 25. The signs will be installed by our maintenance personnel as their work schedule permits. Very truly yours, JAMES O. FREIN Regional Traffic Engineer JOF:DP:BT LEISURE SPIRT catch our ana ntensity eng the two rather than cool--down is as leeat t me to mdude those flexibI ty hat word) or lust exercising are gr •,cr of them alone. - stretches we've been talking about. Your muscles are ise sessionspor workouts need to all toasty and warm. Never stretch. cold muscles. Static stret.ches at if u do. the wor `he owarm- r both) and the cool-down this point in your workout' t will help those muscles to • ork o your band . for the upcom- return to their resting length. This also reduces the pares consist of movements that will in risk of injury an d also reduces muscle soreness. ;,nre temperature,' thus the name The wane-up and cool-down art- the most the 'th isolation exercises and static - glected parts of a workout. You've gotta make the bring up the heat by walking or time! If you don't know how or what to do for either 'ny riding a few minutes on a sta- the warm-up or cool-down, consult a professional. in also rehearse your activity at a That's what we're here for--to help you reach your leyin some tennis balls before a goals safely. 'sing liefore a jog would be good So, now you've got an idea o our yo 'talike ble to do, you've got the doctor's OK, y - c muscles to increase blood flow full of information concerning your activity, and you le neck rotations, shoulder shrugs, understand the importance o' warm-ups and cool- circles, ankle rolls and pelvic tilts downs. Wow! I'm impressed. we.s. Make sure you static stretch Next week ...how hard and how long should you stretch, not bouncing) all the mus- exercise? In the meantime, good luck. This article stremities. Your lower back, ham- will self-destruct in five seconds. Five...four...th- s, shins and calves need to be ree...two... - ~d for all the fun you're about to t your neck and shoulder area, ei- af,. p increases blood now, warms the and ligaments and prepares you sk at hand. tg to jump ahead now. You've just ut. You've worked up a good sweat, •tounding from the effort. What do ;`or the showers, right? WRONG! I down. The cool-down brings your a pre-workout state. It's the warm-up o r cool-downs bring your heart rate FR~DAYS"~ -te, back to normal. They prevent he legs. Walk around a litt e, reduce loin the party at the hottest nightspot to hit the _a 194 E Montauk HWY *n x ° East End in over a decade! Hampton Bays ! 11 igaWs 728-9565 Party w/our Open 7 Days Cage Dancers on r~ 2 levels of Madness w/D.3: Mimic m )on 1AbFlito21ISPill ;l~O 127~~ Z a FREE a AERS PINA COLODAS lANO ADMISSION z FROZEN OO?RNONOD w/GouponGood M !GESTIC LWAYS Friday. June 9th MARGARITAS & PER BLOODY MARYS S ~URG)tY5'- And Friday. June 16th OUR MON. THRU FRIDAY-4 7 PM FRS M Ctrl %.ft 1O38-12111 13O RACK DRINKS tAVTIL tT OOOOS OPEN AT 10 PM b loo CALL DRINKS atatfituc %Route mileEastof a ' r Matituek K mile East of 2OC DOMESTIC BEER Railroad Bridge Mi. West of A6P Shopping center i APPEALS BOARD MEMBERS ~O~~gUFFO(,~co G 3 Southold Town Hall Gerard P. Goehringer, Chairman o y< 53095 Main Road Serge Doyen, Jr. ti ze P.O. Box 1179 James Dinizio, Jr. O .F Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 9, 1995 Mr. Kenneth Coudrey 450 William Floyd Parkway Shirley, NY 11967 Re: Appl. No. 4246 - Special Exception for Sports Bar (Ocean City) Dear Mr. Coudrey: This letter will confirm that the public hearing concerning your property and establishment at the Main Road, Mattituck, will continue on Wednesday, June 28, 1995 at 7:15 p.m. at the Southold Town Hall, Main Road, Southold, New York. As you may recall, the Board has indicated that there will be no further postponements permitted. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure (Legal Notice) APPEALS BOARD MEMBERS ~o~~gUFFO~~ co (,y Southold Town Hall Gerard P. Goehringer, Chairman c 53095 Main Road Serge Doyen, Jr. H x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 9, 1995 LKC Corp. c/o Mr. Kenneth Coudrey 450 William Floyd Parkway Shirley, NY 11967 Re: Appl. No. 4246 - Special Exception for Sports Bar (Ocean City) Dear Mr. Lebkuecker: This letter will confirm that the public hearing concerning your property and establishment at the Main Road, Mattituck, will continue on Wednesday, June 28, 1995 at 7:15 p.m. at the Southold Town Hall, Main Road, Southold, New York. As you may recall, the Board has indicated that there will be no further postponements permitted. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure (Legal Notice) • APPEALS BOARD MEMBERS PASsaFFO(S cOG , Southold Town Hall Gerard P. Goehringer, Chairman o y~c 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y4j O~ ; Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 9, 1995 Mr. James Lebkueeker Jasta, Inc. P. 0. Box 843 Jamesport, NY 11947-0843 Re: Appl. No. 4246 - Special Exception for Sports Bar (Ocean City) Dear Mr. Lebkueeker: This letter will confirm that the public hearing concerning your property and establishment at the Main Road, Mattituck, will continue on Wednesday, June 28, 1995 at 7:15 p.m. at the Southold Town Hall, Main Road, Southold, New York. As you may recall, the Board has indicated that there will be no further postponements permitted. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure (Legal Notice) T APPEALS BOARD MEMBERS o~~v O( ~c y. GG Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. W x P.O. Box 1179 James Dinizio, Jr. O g 0 Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 12, 1995 Chief Stanley Droskoski Southold Town Police Department Main Road Southold, NY 11971 Re: Zoning Hearing to be Held Wednesday, June 28, 1995 Dear Chief Droskoski: This will confirm that the Zoning Board of Appeals will hold a public hearing commencing at 7:15 p.m. on Wednesday, June 28, 1995 pertaining to consideration in the Special Exception permit previously issued to LKC Corp. (a/ka Ocean City or Jasta, Inc.) located on the north side of the Main Road, Laurel. We would like to request that Officer Tirelli and Officer Grathwohl be in attendance on June 28, 1995 during the public hearing in order to submit testimony with reference to their incident reports, and supplement reports, prepared relative to activities at or near the Ocean City establishment during the last year. Thank you. Very truly yours, RAR P d EHRINGE CHAIRMAN WILLIAM C. GOGGINS ATTORNEYAND COUNSELOR AT LAW P.O. Box 559 55000 Main Street Southold, New York 11971 Phone (516) 765-9300 Fax (516) 765-2752 WILLIAM C. GOGGINS Attorney at Law June 12, 1995 DONNA M. PALMER IUN 14'QQ5 Paralegal Board of Appeals Town of Southold 53095 Main Road - P.O. Box 1179 Southold, New York 11971 Attn: Linda Kowalski Re: Appl. No. SE-4246-LKC Corp. (Ocean City, Coudrey, et al) Dear Ms. Kowalski: Please be informed that I do not represent LKC, Corp. in connection with its application before the Board. I have a conflict. LKC, Corp. will be retaining other counsel in this matter. V ry truly yours, WIL GOGGINS WCG/drop cc: James Lebkuecher PLANNING BOARD MEMBERS j Richard G. Wand, Chairman I Town Hall. 53095 Main Road George Ritchie Latham, Jr. P. O. Box 1179 Bennett Orlowski, Jr. _ Southold, New York 11971 Mark S. McDonald Fax (516) 765-3136 Kenneth L Edwards Telephone (516) 765-1938 r , ~1 PLANNING BOARD OFFICE J TOWN OF SOUTHOLD I ' ~I JUN 2 7~4 June 24, 1994 James Lebkuecher Ocean City Club P.O. Box 843 Jamesport, NY 11947 Re: Proposed site plan for Ocean City Club, Rt. 25, Laurel SCTM# 1000-122-6-36 Dear Mr. Lebkuecher. The following resolution was adopted by the Southold Town Planning Board at a special meeting held on Friday, June 24, 1994: WHEREAS, the LKC Corporation is the owner of the property known and designated as the Ocean City Club, SCTM# 1000-122-6-36 located at Route 25 in Laurel; and WHEREAS, a formal application for the approval of this site plan was submitted on May 20, 1993; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on April 18,1994; and WHEREAS, a Special Exception was granted by the Zoning Board of Appeals on June 13, 1994; and WHEREAS, this site plan was certified by Thomas Fisher, Senior Building Inspector, on June 17, 1994; be it therefore WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; and Page 2 James Lebkuecher - Ocean City Club June 24, 1994 RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to.endorse the final surveys dated April 19 and June 20, 1994, subject to a one year review from date of building permit. Enclosed please find a copy of the survey which was endorsed by the Chairman. Please contact this office if you have any questions regarding the above. cerely, Richard G. Ward Chairman enc. cc: Thomas Fsher, Senior Building Inspector Scott Russell, Chairman, Board of Assessors V Gerard P. Goehringer, Chairman, Board of Appeals APPEALS BOARD MEMBERS ~o~~gUFFOr,~cO 9 ti Gy Southold Town Hall Gerard P. Goehringer, Chairman o° < r, 53095 Main Road Serge Doyen, Jr. w z P.O. Box 1179 James Dinizio, Jr. Oy Southold, New York 11971 Robert A. Villa ?J O Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 30, 1995 Frederick C. Meyer, Esq. 10 Sagamore Road Shinn cock Hills, NY 11946 Re: Appl. No. 4246 - LKC Corp. Dear Mr. Meyer: With reference to the above project, transmitted for your record is a copy of the Board's findings and determination rendered at our meeting held June 28, 1995, at which you were present. The original has today been filed with the Office of the Town Clerk, and the five-day period will end on Wednesday, July 5, 1995. Your permit is considered revoked and the establishment should not continue operations after July 5, 1995. Very truly yours, GERARD P. GOEHRINGEI3~ CHAIRMAN enclosure Copy of Decision to: Town Attorney's Office Mr. James Lebkuecker Mr. Kenneth Coudrey • • APPEALS BOARD MEMBERS o~OgUFFO(,{~cG~ Southold Town Hall Gerard P. Goehringer, Chairman o° < 53095 Main Road Serge Doyen, Jr. W x P.O. Box 1179 James Dinizio, Jr. O .F Southold, New York 11971 Robert A. Villa y~Ol ~a0~ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 30, 1995 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning Veterans Memorial Highway Hauppauge, NY 11788 Re: Special Exception - LKC Corp. (Ocean City) Dear Mr. Newman: During June of 1994, the Zoning Board of Appeals granted a conditional special exception permit for a drinking establishment use in Laurel. Pursuant to one of the conditions of that permit, a future review and hearing was required, and a hearing was held both on June 7, 1995 and June 28, 1995. At the June 28, 1995 meeting, the board revoked the Special Exception, to be effective Thursday, July 5, 1995 due to nondompliance with the conditions established in 1994. We are enclosing a copy for your information and file update. Wishing you a happy 4th of July holiday. Sincerely yours, Linda Kowalski Enclosure APPEALS BOARD MEMBERS ~gUFFO(,f c ~~0~ MGR Southold Town Hall Gerard P. Goehringer, Chairman c ~e 53095 Main Road Serge Doyen, Jr. w x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 30, 1995 Frederick C. Meyer, Esq. 10 Sagamore Road Shinnecock Hills, NY 11946 Re: Appl. No. 4246 - LKC Corp. Dear Mr. Meyer: With reference to the above project, transmitted for your record is a copy of the Board's findings and determination rendered at our meeting held June 28, 1995, at which you were present. The original has today been filed with the Office of the Town Clerk, and the five-day period will end on Wednesday, July 5, 1995. Your permit is considered revoked and the establishment should not continue operations after July 5, 1995. Very truly ~yjouurjs,, / / GERARD P. GOEHRINGE)3 CHAIRMAN 1 ~ Enclosure Copy of Decision to: Town Attorney's Office Mr. James Lebkuecker Mr. Kenneth Coudrey LKC CORP. r ~ APPEALS BOARD MEMBERS ~~gUFFO(f co ~~O Gyw Southold Town Hall Gerard P. Goehringer, Chairman c N 53095 Main Road Serge Doyen, Jr. ti x P.O. Box 1179 James Dinizio, Jr. oy a Southold, New York 11971 Robert A. Villa 'l! O, Fax (516) 765-1823 Lydia A. Tortora Ol ~~r Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4246. Application of LKC CORP. (also referred to as Ocean City or Jasta, Inc.) This hearing is pursuant to resolutions of the Board of Appeals adopted on June 13, 1994 and on May 15, 1995 to calendar and consider the use and operation of the establishment known as "Ocean City" and pursuant to Condition No. 6 of ZBA Decision rendered June 13, 1994 in which a Special Exception use will expire on July 31, 1995 for said drinking establishment and for which said Special Exception is listed as an allowable use under the provisions of the Zoning Code at Article XI, Section 100-101B, subject to spec conditions and requirements pertaining thereto. The premises is known as 6955 Main Road, Laurel (near the intersection of Bray Avenue, Old Main Road, and Main Road, Mattituck), and is located in the "B" General Business Zone District. Property ID No. 1000-122-6-26. WHEREAS, the Board of Appeals rendered a conditional determination on June 8, 1994 that the new drinking establishment as submitted and as proposed to be operated met the standards on June 13, 1994 provided under Section 100-264 A through P, inclusive, and the use provisions of Article XI, Section 101-B of the Southold Town Zoning Code for a "drinking establishment" or "sports bar" - pursuant to the intentions confirmed by the applicants landlord and tenant, and agreement by both to comply; and WHEREAS, pursuant to Condition No. 6 of the Special Exception the Special Exception permit would continue until July 31, 1995 subject to compliance with all of the conditions established in the June 8, 1994 determination; and WHEREAS, on June 24, 1994, LKC Corporation received endorsement of the final surveys dated April 19, 1994 and June 20, 1994 by the Southold Town Planning Board Chairman Richard G. Ward; and WHEREAS, at a meeting held on May 3, 1995, this file was reviewed by the Chairman and Members of the Board of Appeals and a resolution was adopted to calendar this project for a Page 2 - Appl. No.946 • Matter of LKC Corp. Decision Rendered June 28, 1995 public hearing to be held on or about July 12, 1995, in order to meet the requirement of Condition No. 6 as stated "fur a further public hearing and review" of all the June 13, 1994 conditions of the Special Permit and zoning code requirements; and WHEREAS, on May 11, 1995, and subsequently by telephone, written notice was forwarded to the applicants, landlord and tenant included; and WHEREAS, on May 15, 1995, a resolution was adopted to amend the date of the hearing to June 7, 1995, in order to allow more time for reviews and processing but also for the applicants to plan its submission which would support the upcoming review of this permit; and WHEREAS, on June 7, 1995 a public hearing was held, after due notice as required by law in the official newspaper of the town, and the applicants attended, requesting additional time to appear with an attorney; and WHEREAS, after receiving testimony from applicants and other interested persons, the public hearing was recessed as requested by applicants, and after additional notice in the official newspaper of the town, the hearing was reconvened, and all persons who desired to be heard were heard and their testimony recorded for the record again on June 28, 1995; and WHEREAS, the Board Members have carefully cousidered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members are familiar with the premises in question, its present zoning, and the surrounding varied zoning use districts; and WHEREAS, the Board made the following findings of fact: 1. The subject premises is known as 6955 Main Road, Laurel near Mattituck, Town of Southold, New York, and contains a total lot area of 20,000+- square feet, and was conveyed to Kenneth Coudrey on September 7, 1988, and later to his corporation LKC Corp. on October 27, 1992. 2. For the record, it is noted that the subject premises is located in the "B" General Business Zone District since the Master Plan amendments in January 1989, and for several years prior to the Summer of 1994, the building was vacant and unoccupied. Page 3 - Appl. No. 46 • Matter of LKC Corp. Decision Rendered June 28, 1995 3. The widest portion of the subject parcel is along the Main Road (New York State Route 25) with 115 ft. The property narrows down from the Main Road to the northerly end of the property to 75 feet. 4. The record shows a map for a parking area with 22 spaces, plus two handicapped spaces for a total of 24. The applicant applied to the Health Department and received conditional approval for a 75 person occupancy (maximum), including all employees. The applicant-tenant also assured the Board that the "mezzanine" area was not being used for occupancy (and therefore was not added as occupied floor area). If added, additional on-site parking would have been necessary under the building floor area/parking schedule of the site plan regulations. Compliance with 75 person occupancy was assured by the applicants when the original Special Exception was considered in 1994 and was made an express condition of the Special Exception granted. It was also an open condition of the site plan approved by the Planning Board. 5. The owner and operator of this establishment received a Special Exception permit for a drinking establishment as the "Ocean City" sports bar based upon the applicants' agreement and firm assurances to the Town of the following conditions: a) The owner and/or operator will provide parking attendants during high-occupancy hours (especially for evening events) in order to direct vehicles for appropriate parking on this parcel and to the adjoining Crenshaw parcel to the west, and with all efforts taken in avoiding hazardous or unsafe conditions to the customers, the traveling public, and adjoining property owners in the area; and b) The owners confirmed their understanding of the requirement for a maximum occupancy of 75 persons total at these premises at any one time, and admit that it is not possible to control the occupancy for this use and establishment; c) Overflow parking must be available on an adjoining parcel pursuant to the written two-year lease for overflow parking on the Crenshaw parcel to the west submitted May 17, 1994 for the Board's consideration and record; and d) Owner and operator are (and were) required to furnish a written detailed statement, under oath, as to the number of persons occupying the premises at any one time during this 10-month period between June 1904 and June 1995; and Page 4 - Appl. No. 4246 Matter of LKC Corp. Decision Rendered June 28, 1995 e) The occupancy at this site shall be limited to 75 persons, maximum total (building and outside areas), as agreed to and confirmed by the applicants in 1994 and which according to statements during the public hearings, including applicant-tenant's testimony, it is acknowledged the occupancy does exceed 75 persons causing overcrowding and unsafe conditions for parking, occupancy, noise levels, improper exiting and maneuverability, and there has not been sufficient proof by either the landlord or the tenant that this could be controlled in any manner; and f) Parking is limited to this site and the adjoining Crenshaw parcel to the west without parking along the shoulder of the Main Road or other unauthorized off-site areas. g) The total floor area of the building is 2800 square feet including the mezzanine level, and when proceeding with the site plan before the Planning Board in 1993, the occupancy was calculated at 224 persons requiring a total of 75 parking spaces (see Planning Board letter of October 19, 1993 to the applicant-tenant). Later, the applicant-tenant proceeded to apply to the Suffolk County Health Department for an occupancy of 75 persons (total on site). The applicant(s) assured the Town and County agencies that there would not be an occupany level above 75 persons at any one time, however, the applicants did agree and offered the overflow parking lease with Mr. Crenshaw without hesitation under the circumstances. 6. The Board Members find that the conditions of the Special Exception have been violated in the period from June 1994 to June 1995, as follows: a) Sufficient off-street parking has not been provided and the neighboring areas have been burdened with excessive parking from this establishment, and the testimony of the applicants indicated that this is not controllable since its patrons may park along private properties, along the street, without receiving parking tickets. b) Overcrowding and excessive occupancy with over 75 persons at the premises has been confirmed through personal knowledge of the building inspector, police officers, board members, and testimony received from the tenant during the 1995 public hearings as well as others; C) Condition #3 has not been complied with during the period of question, since applicant discontinued the lease with Crenshaw providing for the required overflow parking and which has resulted in significant disruption to neighbors whose Page 5 - Appl. No. 1@46 • Matter of LKC Corp. Decision Rendered June 28, 1995 property is used by the applicants' patrons for parking without the owners' consents. d) Statements under oath were not furnished to the Town by the tenant or the landlord pertaining to the numbers occupying the premises at peak periods, and Condition No. 4 has not been complied with during the operation of this establishment. e) Testimony and information have been submitted to show these conditions have not been complied, and no evidence has been submitted by applicants to show that applicants can or will lease alternate overflow parking spaces or make any other accommodation for overflow parking; f) The applicants have not disputed the fact that the use extends beyond what was approved in 1994 for a "drinking establishment sports bar", and in fact the use has been involving other activities for a night club - which was not requested by applicants (or authorized) in the 1994 Special Exception. g) Testimony has been submitted, under oath, that the use as conducted during the last ten (10) months has created interference with the use of the neighboring lands (Tyler, Kreiger) as witnessed for breaking of beer and soda bottles, vandalism to private property, inappropriate advertising, litter and trash, unauthorized trespass and parking of vehicles, obstruction to neighboring entrances, "after hours" leathering of crowds, and other disturbances. 7. Article XXVI, Section 100-262C, subsection (1) provides that "...all conditions imposed by the special exception approval shall continue to apply unless they, by their express terms, are of limited duration...." 8. Article XXVI, Section 100-263 of the Zoning Code states that (emphasis added below): "No special exception approval shall be granted unless the Zoning Board of Appeals specifically finds and determines the following: A) That the use will not prevent the orderly amt reasonable use of adjacent properties or of properties in adjacent use districts. The record clearly shows that the adjacent properties have been prevented from orderly and reasonable use of their property Page 6 - Appl. No. *6 • Matter of LKC Corp. Decision Rendered June 28, 1995 created by the overcrowding and disruptive, disturbing actions of the establishment's patrons and visitors. B) That the use will not prevent the orderly an(i reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established use in the adjacent use districts. C) That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its ln(;ation. The record clearly shows that the safety, health, welfare, comfort, convenience and order of the town have been disturbed and adversely affected to a degree which is virtually dangerous as confirmed by the testimony of the Southold Town Police Officers (see hearing transcript of June 28, 1995 and supporting documentation). D) That the use will be in harmony with and pry mote the general purposes and intent of this chapter. The record clearly shows that the use is not as requested in 1994 for a drinking establishment with a maximum occupancy of 75 persons, and extends beyond such special exception use (see testimony of June 7, 1995 and June 28, 1995 and record). E) That the use will be compatible with its surrmindings and with the character of the neighborhood and of the community in general, particularly with regard to the visibility, scale and overall appearance. F) That all proposed structures, equipment and material shall be readily accessible for fire and police proiection. 9. In consideration of the items listed under Section 100-264, this Board finds, for reasons noted above, that the applicant has not satisfied these areas, specifically those provided at subsections C, D, G, H, I, J, K, N, O and listed below: C. The effect that the location of the proposed lase and the location that entrances and exits may have upon the creation or undue increase of vehicular traffic congestion on public streets, highways or sidewalks to assure the public safety. D. The availability of adequate and proper public; or private water supply and facilities for the treatment • Page 7 - Appl. No. 4246 Matter of LKC Corp. Decision Rendered June 28, 1995 removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use. G. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the publi c of parking or of recreational facilities, if existing or if proposed by the town or by other competent governmental agencies. H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. I. Whether a hazard to life limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefore or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot J. Whether the use or the structures to be used therefore will cause an overcrowding of land or undue concentration of population. K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. N. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use 0. Whether adequate provision can and will be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the proposed use will generate. 10. a) Subsection C-2 of Section 100-262 p+°ovides that "...all conditions imposed on special exception approval uses generally or specifically by this chapter shall continue to apply, regardless of whether any such conditions were expressly incorporated into the special exception approval..."; and Page 8 - Appl. No. ?F246 • Matter of LKC Corp. Decision Rendered June 28, 1995 b) Subsections 2 and 3 of Section 100-262 reads as follows: (2) Noncompliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of the approval. (3) Activity beyond such approval: exceeding the scope of the activity, use or project as the same was described in the application... " 11. The ZBA finds that the grant of the Special Exception was conditioned on applicant leasing more than 20 additional parking spaces for use by the applicants' patrons. By the applicant-tenant's own admission, applicants let the lease lapse and terminate, and failed to provide the required parking spaces to the patrons. As a result, the use has created a serious parking problem with people parking on private property owned by neighbors and littering these properties with broken beer bottles, cans and other trash and well as other disturbances as evidenced in the testimony. 12. The grant of the special exception was also conditioned on applicant providing valet parking to ensure that patrons used the applicant's parking facilities and to decrease the risks associated with patrons parking along Route 25 and Bray Avenue in nearby residential areas. Applicant admits that he has not complied with the condition by providing valet parking. Applicant claims that he has parking attendants, but the evidence indicates that this is infrequent and irregular. As a result patrons park on adjacent private properties and create problems and disturbances with littering of bottles cans, trash and unauthorized trespassing on these properties. Furthermore, applicants patrons park on Route 25 and cross the roads, into residential areas, creating traffic and pedestrian hazards and threats to safety. 13. The grant of the special exception was conditioned on applicants' limiting the number of patrons' occupancy to 75. Applicants claim that they cannot control the number of patrons entering, and there is evidence that this condition has been violated by the presence of 180 patrons on more than two occasions. Failure to comply with the condition exacerbates the parking problems, creates health code problems, and creates crowd-control problems that are dangerous and affect the health, safety and welfare of the patrons, neighboring properties, and passing motorists and pedestrians. Page 9 - Appl. No. 4246 • Matter of LKC Corp. Decision Rendered June 28, 1995 14. The ZBA therefore determines that the special exception for a drinking establishment granted to LKC Corp. on June 13, 1994 is hereby revoked on the grounds that applicants have failed to comply with the terms and conditions of the approval. 15. The ZBA further determines that a continuation of the use, as conducted in the past 10 months, is not compatible with the character of the surrounding neighborhood and nearby use districts, and that the use is not within the scope of what was requested or approved in 1994. Accordingly, on motion by Member Tortora, seconded by Member Villa, it was RESOLVED, to DENY the renewal of the Special Exception Permit, and be it further RESOLVED, that the Special Exception permit issued on June 13, 1994 under Appl. No. 4246 by the Southold Town Board of Appeals in the Matter of the Application of LKC Corp., BE AND HEREBY IS REVOKED, for the reasons stated above. This (continued on page 10) Pagel0 - Appl. No. 06 • Matter of LKC Corp. Decision Rendered June 28, 1995 resolution shall take effect five days after the filing hereof with the Office of the Town Clerk. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Tortora. This resolution was duly adopted. s Z D P. GOEHRIN R, CHAI)MIAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK ( DATE HOUR I Town Clark, Towa gout. older z 0 • APPEALS BOARD MEMBERS ~o~~gUFFO(,~co p Southold Town Hall Gerard P. Goehringer, Chairman o y< 53095 Main Road Serge Doyen, Jr. ~x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa 'y~1J O` Fax (516) 765-1823 Lydia A. Tortora ~l * ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD June 28, 1995 (7:30 P.M. Hearing Commenced) P R E S E N T: HON. GERARD P. GOEHRINGER Chairman SERGE J. DOYEN, Member JAMES DINIZIO, JR. Member ROBERT A. VILLA, Member LYDIA A. TORTORA, Member LINDA KOWALSKI, Clerk-Assistant to Board I N D E X APPLN. # APPLICANT PAGES SE 4246 LKC CORP. 1 TO END 7:20 p.m. LKC CORP. (also referred to as OCEAN CITY or JASTA, INC. MR. CHAIRMAN: Let's see if the lessee is present, we don't see him. So then we'll go on to the owner, and I believe he is represented by counsel, sir? So whenever Mr. Meyer is ready. FREDERICK C. MEYER, ESQ.: I had spoken to James (Lebkuecker) and he said he was running a little late. CHAIRMAN: That's all right. We're going to be a little while. SECRETARY: Are you representing Mr. Lebkuecker also? MR. MEYER: I represent LKC Corporation. CHAIRMAN: Which is the owner of the property, is that correct? MR. MEYER: Which is the owner of the property. Is this (mike) on? Can you hear me? CHAIRMAN: Yes. MR. MEYER: And my client called me to come over and attend this meeting. Apparently he was here June 9th (7th), and my client is Mr. Coudrey who is the Secretary of LKC Corporation. He indicated to me, first excuse me, I should give you my appearance. Frederick C. Meyer, 10 Sagamore Road, Shinnecock Hills, New York. Having been requested by the landlord to come and represent the corporation at this hearing, and that request some time around the 15th of June - 15, 20 of June. I came over earlier this week on Monday and looked at the file. I had a previous discussion with Mr. Fish (Building Inspector) on the telephone and then got over here on Monday and looked at the file and read the transcript of the last meeting you had. I Page 4 - Hearing~ranscript • Regular Meeting of June 28, 1995 Southold Town Board of Appeals noticed that in that meeting there were a number of references to police reports. And so I looked at the police reports that were in the file. And I looked at virtually every piece of paper that was in both the Planning Board file, which is a previous file that granted this site plan and this use, and the BZA file which has, contains the police reports. There are no reports, no police reports, no inspectors' reports of any municipal agent of this town in the Planning Board file. Everything is in the BZA file. CHAIRMAN: ZBA. MR. MEYER: ZBA file. I counted 39 police reports. And I broke them down. Nine of them are false activation of security alarms. Five of them belonged to a single next-door neighbor who complained about cars being parked in his parking lot at night. True, it is private property and he's entitled to cordon it off. But his business is not open at night, and I wonder if there isn't something else that he's not disclosing to us that perhaps he should come forward and talk to us about. One of these was noise. I could tell you from some experience that where involved with bars of any kind, noise is the most frequent complaint in any place where I've represented a bar before any of the local municipalities in Southampton or East Hampton. And in this case there's only one complaint in the year. And I think that's because of the construction of the building, the fact that it is well insulated, and there are no windows, and therefore the noise is contained. CHAIRMAN: I apologize, Mr. Meyer, I forgot to swear you in. Do you solemnly swear that everything you are about to tell us is the truth to the best of your ability? Page 5 - Hearing Iranscript Regular Meeting of June ~Y, 1995 Southold Town Board of Appeals MR. MEYER: It is. And as an attorney admitted to the Courts, I'm sworn forever. CHAIRMAN: There were eight police reports which concerned disturbances. Fights. Argume- fights, excuse me. Actual physical violence being done from one person to another. And of that eight which include two reports by separate officers on the same night, there are five of the eight which involve injuries to personnel who were employed by the sports bar in enforcing the regulations. And the Southold Town Police were called there when in fact employees were injured by customers when they were in fact attempting to enforce the regulations of the town and of the bar. There is one theft. There are four drug activities. However, some of these drug activities charges take place by t:he description in the police reports several blocks away from the bar. There are four disorderly conducts. That is, people loittering, and in one case there is no - its merely the police report says, "saw a group of youths assembling and stopped to disperse them." Now, so that when we get down to what's - there's also one where the police went to investigate a report that there was a cage dancer in the place. And that report indicates no violation. There were two other, which are merely inspections, and I might note to the Board that they are the only inspections by any municipal authority of this town that has any authority to go in and inspect this place. They were both police officers. They both noted that they made inspections, one of them on New Year's Eve and in both reports there are no violations. CHAIRMAN: I don't know what you mean by "no violations." Page 6 - Hearing~ranscript is Regular Meeting of June aK, 1995 Southold Town Board of Appeals MR. MEYER: Read the police reports. One is dated December 31st, 1994. And the police report says, and I can paraphrase - you have them, I did not get copies of them. "No violations," it says so right on the report. And there's an earlier one which I believe is November 1994. CHAIRMAN: We have two police officers here tonight. MR. MEYER: Fine. CHAIRMAN: They may not be the persons that wrote that report but we're going to ask them what their determination generically means, no violations, all right. I mean, they are not here inspecting the building. They are not looking at the building in violation of a certain possible building violation, whatever the case might be. I don't know what they mean by "no violations." MR. MEYER: Well, I would ask if these police officers did make any inspection or appearance at that property, did they file a police report. And if so, is it in the file. Is it one of the ones I reviewed, and if not, why not. CHAIRMAN: Ok. MR. MEYER: Now, the other thing is that, so the only two police reports that indicate an inspection of the premises that are in the some 39 you have, both indicated no violations. Now, I see lettee-s in here regarding overcrowding. There is a municipal officer of this town and every town has one who has the authority to inspect this place for overcrowding, and I notice in 11 months according to the file you have with the Board of Zoning Appeals, for 11 months there is no inspection by the fire inspector and no report of an inspector indicating overcrowding. Now, that's important representing the landlord. Because under the NYS Fire Code, Page 7 - Hearing tanscript • Regular Meeting of June ~F, 1995 Southold Town Board of Appeals if in fact the fire inspector had found a violation, he is instructed by the New York State Fire Code to report that to the property owner, not to the tenant. So that if there had been an inspection by the only officer here in this municipality, and the officer specifically designated to inspect for overcrowding, we would have had an immediate report required by New York State Law which would have held the landlord that there were violations on the property. The landlord comes here and as he said to me, and I have his word and the file, there is no letter in the file notifying the landlord of any of the activities which occurred during the year. The landlord contacted me in mid-June of 1995, and he told me, and he is here to testify himself that his first notification of these violations was on the 9th of June when he met you. I would just say that had the fire inspector made an inspection and found overcrowding, we would have been alerted and we were not. Now, there was one stabbing there. Very serious problem. But I point to you the fact that the number of times and I have eight police reports in that number there that were people injured who were employees enforcing the rules and keeping people in line. Apparently, several were struck with beer bottles by unruly patrons. I tell you that you should consider that there are people actively working to enforce the regulations and keep order in that place. And for the most part they have been successful because when we go through all these 39, there are, I believe, eight that are marked as criminal reports in a year. For a place that has that number of people coming through it, other than a church, I submit to you that's a very good record. Page 8 - Hearing Oanscript • Regular Meeting of June .2F, 1995 Southold Town Board of Appeals Now the drug activity which takes place some block and a half, two blocks away, even though the people are patrons who are coming to this area in order to frequent this bar, is not something that the owner of this bar can be any more responsible for than for instance the Long Island Railroad if someone using their parking lot performs a drug transaction. Now the question of parking comes up and there has been, there are indications in the file that there are objections to parking and that the parking was not being - the cars were not being parked in the proper place. And I notice that the Southold Town did in fact cooperate with New York State to outlaw parking along the north side of that road, and they did that in May of 1995. My question to you is, that had the proprietor of this sports bar gone out to people between July of 1994 and April of 1995, and said "you can't park there," what person there would have been wrong in saying, "why not? Parking is allowed along the State Highway unless it's marked otherwise." You are telling the owner of this property that he had the affirmative duty to go out to a total stranger and direct that stranger not to park in a place where the State of New York and the Town of Southold until May 1995 said they could legally park. CHAIRMAN: To a certain degree, Mr. Meyer, that portion is properly correct; however, the issue that is before us, if you raise the issue of overcrowding or raise the issue of parking, that we thought there were 21 on-site parking spaces. We understand now that the Planning Board has approved 21. We also through observations of myself, that there had to be at least four to five people that were basically either owners - excuse me, in command sort of speak as employees of people you were mentioning Page 9 - Hearing Oanscript • Regular Meeting of June) g, 1995 Southold Town Board of Appeals in the police reports. That would then pretty much in my opinion bring it down to about 15 parking spaces on site, all right. We had an agreement with this lessee that he was to get parking from the neighbor to the west. The neighbor to the west is a gentleman that I've known for some 23 years. He indicated by oath, or on the record at the last hearing that after they had gotten site plan approval that he felt that it was not - and I'm not speaking for him, we'll bring it back up again - that he thought it was not necessary. MR. MEYER: I read the transcript of the last meeting. CHAIRMAN: And so then I approached Joe Crenshaw, and I said, "Joe" by telephone this past week, and I said, "Joe what really happened here?" And he said, "He told me that he didn't need it any more. He then proceeded to try and use it and then I blocked him and couldn't use it" and so on and so forth, and that was the issue. The whole issue here is that in a sports bar with a maximum occupancy of this special permit of 75 people, the utilization of on-site parking was one of the elements of the decisio. I myself and I know one board member gets sick and tired of me saying this, but I will say it again, I've been a fireman in the town of Mattituck for 27 years. I am an officer of the rescue squad and I am an active member of the Rescue Squad and we go to many accidents in that area. It is a very tough area to park in along the road. That was the reason why we placed that restriction on this particular lessee. And that was the concern we had. Notwithstanding the fact of what you're saying. You're absolutely correct. You're allowed to park on a State Highway. All right. Now, for the period of time that it took to get the State to act on this, we had asked the Town Board and I again applaud PLANNING BOARD MEMBERS Richard G. Ward, Chairman Town Hall, 53095 Main Road George Ritchie Latham, Jr. P. O. Box 1179 Bennett Orlowski, Jr. y' Southold, New York 11971 Mark S. McDonald 1 Fax (516) 765-3136 Kenneth L. Edwards Telephone (516) 765-1938 r- ~11 PLANNING BOARD OFFICE l~ - = a TOWN OF SOUTHOLD JUN 2 7 1994 June 24, 1994 James Lebkuecher Ocean City Club P.O. Box 843 Jamesport, NY 11947 Re: Proposed site plan for Ocean City Club, Rt. 25, Laurel SCTM# 1000-122-6-36 Dear Mr. Lebkuecher: The following resolution was adopted by the Southold Town Planning Board at a special meeting held on Friday, June 24, 1994: WHEREAS, the LKC Corporation is the owner of the property known and designated as the Ocean City Club, SCTM# 1000-122-6-36 located at Route 25 in Laurel; and WHEREAS, a formal application for the approval of this site plan was submitted on May 20,1993; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on April 18.1994; and WHEREAS, a Special Exception was granted by the Zoning Board of Appeals on June 13, 1994; and WHEREAS, this site plan was certified by Thomas Fisher, Senior Building Inspector, on June 17, 1994; be it therefore WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; and Page 2 James Lebkuecher - Ocean City Club June 24, 1994 RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final surveys dated April 19 and June 20, 1994, subject to a one year review from date of building permit. Enclosed please find a copy of the survey which was endorsed by the Chairman. Please contact this office if you have any questions regarding the above. cerely, Richard G. Ward Chairman enc. cc: Thomas Fisher, Senior Building Inspector Scott Russell, Chairman, Board of Assessors V Gerard P. Goehringer, Chairman, Board of Appeals I~ ~ r CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. 11566PG241 THIS INDENTURE, made the 27th day of October , nineteen hundred and ninety-two BETWEEN KENNETH COUDREY, residing at 450 William Floyd Parkway, Shirley, New York 11967 I.V 7' 7 i " • party of the first part, an _ LKC CORP., maintaining offices at 450 William Floyd Parkway, Shirley, New York 11967 party of the second part, WITNESSETH, that the parry of the first put, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the parry of the second part, the heirs or ISTRICT successors and assigns of the parry of the second part forever, Q00 ALL that certain rlor, piece or parcel of land, with the buildings and improvements thereon erected, situate, ° lying andbeinglWadf at Laurel, in the Town of Southold, County of Suffolk SECTION r3" and State of New York, bounded and described as follows: 122.00 BEGINNING at a monument set on the northerly line of the Main Road BLOCK (N.Y.S. Route 25) at the southeasterly corner of land now or formerly 0. of Eula Wells and the southwesterly corner of land about to be described: - 0. RUNNING THENCE along said land now or formerly of Eula Wells North 000` 26 degrees 44 minutes 10 seconds West 210 feet to land now or formerly of B.H. Kersnowski and H.I. Kersnowski; THENCE along said land three (3) courses as follows: gri,. 1.) North 49 degrees 18 minutes 40 seconds East 75 feet to a S,,PNLlAf tr,. 'Rr mOnUment; WPM" 2.) South 43 degrees 47 minutes 40 seconds East 77 feet to a monument; 3.) South 34 degrees 14 minutes 40 seconds East 133 feet to a ~e monument set on the northerly line of said Main Road; THENCE along the northerly line of said Main Road South 51 degrees 55 minutes 20 seconds West 115 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated 9/7/88 recorded 9/30/88 in Liber 10702 pg 565. TOGETHER with all- right, title and interest, if any, of the parry of the first part in and to any streets and la, I roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and ~tKrF all the estate and rights of the parry of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the parry of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the parry of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to 5••• ('d the payment of the cost of the improvement before using any part of the total of the same for any other purpose. ty n The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires, IN WITNESS WHEREOF, the parry of the first part has duly executed this deed the day and year first above written. rj TN PRUSENCE OF: ? 95] ENNETH COUDRE 1 - ter: rj,f i ~ ~ _ . EDMIARD P. ROW kE ' RELOADED MW OF0"M 0001Y y, NOV 4 1992 . alaa. i r is _,w www, UR1c• 290 0037 October 26, 1993 Planning Board Office Town of Southold PO Bpx 1179 Southold, NY 11971 Re: SCTM #1000-122-6-36 Gentlemen: There is sufficient firewells available for the above mentioned survey at this time. Cordially, ohn A. Ke gh Sect. oard of a omm. attituck Fir ist. i f7p ~f - q MAY 17194 M 17 !99 B. ; *'SOON ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES MARY E. H1eeERo• M.D.. M.P.H. DIVISION OF ENVIRONMENTAL OUAUTY January 23, 1994 COMMISSIONER Mr. James Lubkuecher, President Jasta, Inc. Main Road Laurel, New York 11943 Dear Mr. Lubkuecher: Subject: Board of Review Hearing - December 15, 1993 Evaluation No. F93-135, Ocean City Club, Property N/S Main Road, 2933 Ft. W/0 Factory Avenue, Laurel, Town of Southold, SCTM 1000-122-6-36. Enclosed is a copy of the Board of Review's findings, recommendations and determination concerning the subject application. Based on the information submitted, the Board granted the request for variance with the provisions indicated in the determination. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. Very truly yours, Dennis Moran, P.E. Chairman Board of Review DMnr 0 0 O Enclosure 7 cc: Board of Review File - Riverhead mss- iisanD. Windesheitn SpUTHOLO TOWN Mr. Gerhard Gebert, P.E. PLANNING BOARD Mr. Ernst Dinda MAY 17 ,y`kchael N. Hills, Es j ADMINISTRATION OFFICE ¦ 225 RA RO DRIVE EAST, HAUPPAUGE. NY 11]88-1290 ¦ TEL 18181 853-3079 FAX 1518] 853.2927 /A11T 1-vnr?lLC: ~'n r'u!.Mll.l 1, r .WU:dnr nr .pUn^nrl 1. AVPr.:CAlrr """.cr ,b VpN[:C4 NL 2. PROJECT 4AME 0. PROJECT LOCATION: I~CLA.) GrT MumClpsiily ~f}rfQ.~~ k__ 2.j_ 4. PRECISE LOCATION (Street address and road intersections. PominneandmakCounty s, etc., or provide map) 64.rf pm)-"v 2 ~Q 6. IS PROPOSED ACTION: ? New ? Expansion on . . 6. DESCRIBE PROJECT BRIEFLY:otlificatlon/alterati JS/~ /?k3a U~PRrKtvf r~r ~ar UNDer Ne., d.,~vers ~n7. AMOUNT OF LAND AFFECTED: Initially 1 acres Ultimately cres 6• WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OT a M .Yes USE RESTRICTIONS? .Yes ? No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ? Residential ? Industrial R Commercial RCommercial ?Agriculture ?Park/Forest/Open space ?Other STATE ~ 08 LOCAL)?I~~~ 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, 6QYes GaNo If Yes, list agency(s) and permit/aPprovals S%ATe /,)Qvdr A,rar;or,Y,y f P2o?At PeAJn.NI^ 11• DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Ryes ? No If Yes, list agency name and permit/approval Ge'er-j C(4}-pF OCCt/p4r.f Z lllbo 8-11,11 YU.fyl 0- 70~pt' Z11453 zlu+lt~3 2119`f~ `G(I7.ti~Fj 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Z 1v.9 ~II (I fry ?Yes ?No 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor n AS17~ U~~ Date: ~l' L l53 Signature: f~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER MAY I ~7,- i x~ I.. ffitherd. NI 1) NIT K Commissioner 0 From: Dennis Moran, P.E. T Chairman, Board of Review S cz ~m Subject: Report of Findings and Recommendations of the Review Board Regarding: W Evaluation No. F93-135, Ocean City Club, Property NIS Main Road, o =°T 2933 Ft. W/0 Factory Avenue, Laurel, Town of Southold 2 N SCI'M 1000-122-6-36. L Applicant: James Lubkuecher, President Jasta, Inc., Main Road Laurel, New York 11948 Notice of Hearing: November 30, 1993 - Hearing Date: December 15, 1993 Statement of Problem The project sewage design flow exceeds population density equivalent as required by Article 6, Section 760-607 (La and 2.a) of the Suffolk County Sanitary Code. Findings and Facts 1. Applicant is proposing to reopen an existing tavern with a 75 seat capacity. The tavem has been closed since 1986. 2. The site is 17,850 square feet in area with a 2,800 square foot building structure. The facility was built in 1973 with an expansion added in 1983. 3. Site is in Groundwater Management Zone #IV. 4. Public water is not available; on-site existing well to be used. No water quality data provided to the Board. Well is approximately 75 feet from a sanitary leaching pool. 5. The allowable yield at density 123 gpd (300 gpd exemption); the design flow is 1,025 gpd. 6. Prior permits issued for 140 seats (Razarmataz). Sanitary system constructed and approved - to accomodate 140 seat capacity (MA-30A). i MAY 17 . '133 Fr. W,T) Factory Avenue, Laurel, t'uwn of Southold, SCttit IOW_ I "q-;t,. Findings and Facts (cont'd) 7. Facility will be tavern only with no food service. Determination It was a 3 to 0 determination of the Board to grant the request to reopen the facility with a maximum seating capacity of 75 customers based upon pre-existing use. Approval is conditioned upon providing water from the on-site well which meets drinking water standards. Date Dennis Moran, P.E., Chairman DMN I A 10'-DlumbcreiImDroved CILrY Form Lsue I2•14f JULIU, nLLMPr.RO, INC., I it . PueusM re. NYC 10013 ,:ii ~jt~giQ~rtYQnt BETWEEN JOSE CRENSHAW, Main Road, Laurel, New York_ 11948, i as Landlord and JASTA, INC., Ma' Road, Laurel, New York, 11948 (JASTA, INC., is doing 71~ y) business as Ocea it as Tenant II WLtneactfj: The Landlord hereby leases to the Tenant the following premises: parking lot at Main Road, Laurel, New York, 11948, ~I HOLD TOWN for the term of two (2) years NNING BOARD to commence from the szgRxRgx®fxr yxkkiHXA*XP2M2iat opening of Z&xxxxadcameeK:oX%b the tenant's place of business. AWN& 1A :to be used and occupied only for a parking ~II lot for guests and patrons of Ocean City between the hours of 6:00 p.m. & i'! 15:00 a.m. daily. All covenants and agreements contained herein apply only during the daily hours of 6:00 p.m. and 5:00 a.rA. unless otherwise specifies las the landlord will be using the parking lot at all other times. n. I 1 i~ l ! upon the conditions and covenants following: ~j 11st, That the Tenant shall pay the annual rent of FIVE THOUSAND FOUR HUNDRED AND 00/100---- ii --------------------------------($5,400.00)----------------------Dollars, i III i u J! i i said rent to be paid in equal monthly payments in advance on the 1St day of each and every month during the ji term aforesaid, as follows: Four Hundred Fifty and 00/100-------- ($450.00) Dollars !per month. i S UL nijaA Seeutel~cl eecfeklecl ol2.. 12(aC. l r4 r -4-6 be OSec( tr,S /-09J Stu ^dvC~(i1S' D-9)COn-I 2nd. That the Tenant shall take good care of the premises and shall, at the Tenant's own cost and expense FPWX7 RXpPA&x 'i !clear and clean the parking lot each morning after the completion of each day's use, and at the end or other expiration of the term, shall deliver up the demised premises in good order or condition, damages by 'i the elements excepted. 3rd. That the Tenant shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and require- meuts of the Federal. State and Local Governments and of any and all their Departments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with said premises during said term; and shall also promptly comply with and execute all rules, orders and regulations of the New York Board of Fire Underwriters, or any other similar body, at the Tenant's own cost and expense. 4th. That the Tenant, successors, heirs, executors or administrators shall not assign this agreement, or underlet or under. lease the premises, or any part thereof, or make any alterations on the premises, without the Landlord's consent in writing; or ' occupy, or permit or suffer the same to be occupied for any business or purpose deemed disreputable or extra-hazardous on account of Ere, under the penalty of damages and forfeiture, and in the event of a breach thereof, the term herein shall im- mediately cease and determine at the option of the Landlord as if it were the expiration of the original term. 5th. Tenant must give Landlord prompt notice of fire, accident, damage or dangerous or defective condition. If the Premises can not be used because of fire or other casualty. Tenant is not required to pay rent for the time the Premises are unusable. If part of the Premises can not be used, Tenant must pay rent for the usable part. Landlord shall have the right to decide which part of the Premises is usable. Landlord need only repair the damaged structural parts of the Premises. Landlord is not required to repair or replace any equipment, fixtures, furnishings or decorations unless originally installed by Landlord. Land- lord is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under Landlord's control. If the fire or other casualty is caused by an act or neglect of Tenant. Tenant's employees or invitees, or at the time of the fire or casualty Tenant is in default in any term of this Lease, then all repairs will be made at Tenant's expense and Tenant must pay the full rent with no adjustment. The cost of the repairs will be added rent. Landlord has the right to demolish or rebuild the Building if there is substantial damage by fire or other casualty. Landlord may cancel this Lease within JO days after the substantial fire or casualty by giving Tenant notice of Landlord's intention to demolish or rebuild. The Lease will end 30 days after Landlord's cancellation notice to Tenant. Tenant must deliver the Premises to Landlord on or before the cancellation date in the notice and pay all rent due to the date of the fire or - fiaTi casualty. If the Lease is cancelled Landlord is vat required hr reparrt a remises or Building. The cancellation does not release Tenant of liability in connection with the fire or casualty. This Section is intended to replace the terms of New York Real Property Law Section 227. MAY 1 7 kit to r r... ..o.,...,...,,..:..a u . , r, u ..:.r ,r.. r.,:. nu n...nr .a,, .,^uu p., .v,u gun... to frmna hnoa w,tDout h.n Jranee or moirrubon. 1 made in the payment of the said rent er any part thereof, or it any default be made is the performance of any a cove- IiI + mats herein contained, the Landlord or representatives may re-eater the said premises by force, sum proceedings or I otherwise, and remove all persons therefrom, without being liable to prosecution therefor, and t pant hereby expressly waives the service of any notice in writing of intention to re-enter, and the Tenant sh at the some time as the rent becomes payable under the terms hereof a sum equivalent to the rear reserved here the Landlord may rent the premises on behalf of the Tenant, reserving the right to rent the premises for a to period of time than fixed in the original lease without releasing the original Tenant from any liability, applying a oneys collected, first to the expense of resuming or obtaining possession, second to restoring the premises to a able condition, and then to the payment of the rent and all other charges due and to grow due to the Landlord surplus to be paid to the Tenant, who shall remain liable for any deficiency. 9th. Landlord may replace, at the use of Tenant, any and all broken glass in and about the demised premises. Landlord may insure, and keep insured p ate glass in the demised premises for and in the name of Landlord. Bills, for the premiums therefor shall be ren y Landlord to Tenant at such times as Landlord may elect, and shall be due from, and payable by Tenant when red, and the amount thereof shall be deemed to be, and be paid as, additional rental. Damage and injury to the sai emises, caused by the carelessness, negligence or improper conduct on the put of the said Tenant or the Tenant's 10th. That the Tenant shall neither encumber nor obstruct the sidewalk in front of, entrance to, or halls and stairs of said premises, nor allow the same to be obstructed or encumbered in any manner. 11th. The Tenant shall neith-r place, or cause or allow to be placed, any sign or signs of any kind whatsoever at, in or about the entrance to said premises or any other part of same, except is or at such place or places as may be indicated by the Land- lord and consented to by the Landlord in writing. And in case the Landlord or the Landlord's representatives shall deem it necessary to remove any such sign or signs in order to paint the said premises or the building wherein same is situated or ;i make any other repairs, alterations or improvements in or upon said premises or building or any part thereof, the Landlord shall have the right to do so, providing the same be removed and replaced at the Landlord's expense, whenever the said it repairs, alterations or improvements shall be completed. 12th., That the Landlord is exempt from any and all liability for any damage or injury to person or property caused by or resulting from steam, electricity, gas, water, rain, ice or snow, or any leak or Bow from or into any, part of said building or from any damage or injury resulting or arising from any other cause or happening whatsoever unless said damage or injury be caused by or be due to the negligence of the Landlord. 13th. That if default be made in any of the covenants herein contained, then it shall be lawful for the said Landlord to re- ; enter the said premises, and the same to have again, re-possess and enjoy. The said Tenant hereby expressly waives the service of any notice in writing of intention to re-enter, 14th. That this instrument shall not be a lien against said premises in respect to any mortgages that are now on or that here- at ter may be placed against said premises, and that the recording of such mortgage or mortgages shall have preference and precedence and be superior and prior in lien of this lease, irrespective of the date of recording and the Tenant agrees to ex ecute without cost, any such instrument which may be deemed necessary or desirable to further effect the subordination of this i lease to any such mortgage or mortgages, and a refusal to execute such instrument shall entitle the Landlord, or the Land- lord's assigns and legal representatives to the option of cancelling this lease without incurring any expense or damage and the term hereby granted is expressly limited accordingly. 1 15th. The Tenant has this day deposited with the Landlord the sum of j as security for the full and faithful performance by the Tenant of all the terms, covenants and conditions of this lease upon the Tenant's part to be performed, which said sum shall be returned to the Tenant after the time fixed as the expiration of the term herein, provided the Tenant has fully and faithfully carried out all of said terms, covenants and conditions on Tenant's part to be performed. In the event of a bona Ede sale, subject to this lease, the Landlord shall have the right to transfer the security to the vendee for the benefit of the Tenant and the Landlord shall be considered released by the Tenant from all liability for the return of such security; and the Tenant agrees to look to the new Landlord solely for the return of the said security, and it is agreed that this shall apply to every transfer or assignment made of the security to a new Landlord. 16th. That the security deposited under this lease shall not be mortgagedi assigned or encumbered by the Tenant without ,II the written consent of the Landlord. 17th. It is expressly understood and agreed that in case the demised premises shall be deserted or vacated, or if default be made in the payment of the rent or any part thereof as herein specified, or if, without the consent of the Landlord, the Tenant shall sell, assign, or mortgage this lease or if default be made in the performance of any of the covenants and agreements in this lease contained on the part of the Tenant to be kept and performed, or if the Tenant shall fail to comply with any of the statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and Local Governments or of any and all their Departments and Bureaus, applicable to said premises, or if the Tenant shall file or there be filed against Tenant a petition in bankruptcy or arrangement, or Tenant be adjudicated a bankrupt or make an assignment for the benefit of creditors "i i or take advantage of any insolvency act, the Landlord may, if the Landlord so elects, at any time thereafter terminate this i i lease and the term hereof, on giving to the Tenant five days' notice in writing of the Landlord's intention so to do, and this lease and the term hereof shall expire and come to an end on the date fixed in such notice as if the said date were the date I originally fixed in this lease for the expiration hereof. Such notice may be given by mail to the Tenant addressed to the demised premises. 18th. Tenant shall pay to Landlord the rent or charge, which may, during the demised term, be assessed or imposed for the water used or consumed in or on the said premises, whether determined by meter or otherwise, as soon as and when the same i may be assessed or imposed, and will also pay the expenses lot the setting of a water meter in the said premises should the latter be required. Tenant shall pay Tenant's proportionate part of the sewer rent or charge imposed upon the building. All such rents or charges or expenses shall be paid as additional rent and shall be added to the next month's rent thereafter to become due. 19th. That the Tenant will not nor will the Tenant permit undertenants or other persons to do anything in said premises, or bring anything into said premises, or permit anything to be brought into said premises or to be kept therein, which will in any way increase the rate of fire insurance on said demised premises, nor use the demised premises or any part thereof, nor suffer or permit their use for any business or purpose which would cause an increase in the rate of fire insurance on said building, and the Tenant agrees to pay on demand any such increase. 20th. The failure of the Landlord to insist upon a strict performance of any of the terms, conditions and covenants herein, shall not be deemed a waiver of any rights or remedies that the Landlord may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. This instrument may not be changed, modified, discharged or terminated orally. 21st. If the whole or any part of the demised premises shall be acquired or condemned by Eminent Domain for any public or quasi public use or purpose, then and in that event, the term of this lease shall cease and terminate from the date of title vesting in such proceeding and Tenant shall have no claim against Landlord for the value of any unexpired term of said lease. No part of any award shall belong to the Tenant. i a'.p gat t. la .a. t. a,.el.rl Baler N• urme and coe•na au roau.a.d ,a rbu lease or by the eleermem at the r`eafu, by aummul'proceedinas or - .r Mr~r.e, er airer the abandonment of the premises by the Tenant, it is hereby speed that the Tenant shall remain liable and shall pay in monthly payment, the rent which accrues subsequent to the re-eatr7 by the Landlord, and the Tenant expressly spew to pay as damages for the breach of the covenants herein contained, the difference between the rent reserved and the rent collected and received, if any, by the Landlord during the remainder of the unexpired term, such difference or deficiency • . between the rent herein reserved and the rent collected if any, shall become due and payable in monthly payments during the remainder of the unexpired term, as the amounts of such difference or deficiency shall Iron time to time be ascertained; and i it is mutually agreed between Landlord and Tenant that the respective parties hereto shall and hereby do waive trial by jury in say action, Proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with this lease, the Tenant's use or occupancy of said premises, and/or any claim of injury q or damage. 24th. The Tenant waives all rights to redeem under any law of the State of New York. 25th. This least and the obligation of Tenant to ay rent hereunder and p perform all of the other covenants and agree- i it meats hereunder on part of Tenant to be performed shall in nowise be affected, impaired or excused because Landlord is I~ unable to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make, or is delayed in making any repairs, additions, alterations or decorations or is unable to supply or is delayed in supplying an • any j II ii equipment or fixtures if Landlord is prevented or delayed from so doing by reason of governmental preemption in connec- ~i floe with a National Emergency or in connection with any rule, order or regulation of any department or subdivision thereof ~ of any governmental agency or by reason of the condition of supply and demand which have been or are affected by war or 'I I other emergency. 26th. No diminution or abatement of rent, or other compensation, shall be claimed or allowed for inconvenience or discom- fort arising from the making of repairs or improvements to the building or to its appliances, nor for any space taken to comply j~ with any law, ordinance or order of a governmental authority. In respect to the various "services," ff any, herein expressly of impliedly agreed to be furnished by the Landlord to the Tenant, it is agreed that there shall be no diminution or abatement of the rent, or any other compensation, for interruption or curtailment of such "service" when such interruption or curtailment shall be due to accident, alterations or repairs desirable or necessary to be made or to inability or difficulty in securing supplies or labor for the maintenance of such "service" or to some other cause, not gross negligence on the part of the Landlord. No , such interruption or curtailment of any such "service" shall be deemed a constructive eviction. The Landlord shall not be required to furnish, and the Tenant shall not be entitled to receive, any of such "services" during any period wherein the Tenant shall be in default in respect to the payment of rent. Neither shall there be spy abatement or diminution of rent because of making of repairs, improvements or decorations to the demised premises after the date above fixed for the commencement of the term, it being understood that rent shall, in any event, commence to run at such date so above fixed. 27th. Landlord shall not be liable for failure to give possession of the premises upon commencement date by reason of the fact that premises are not ready for occupancy or because a prior Tenant or any other person is wrongfully holding over or is in wrongful possession, or for any other reason. The rent shall not commence until possession is given or is available, but i the term herein shall not be extended. i I Ii f ~ I I 1 I i 'I i And the said Landlord doth covenant that the said Tenant on paying the said yearly rent, and performing the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy the said demised premises for the term aforesaid, pro- ! vided however, that this covenant shall be conditioned upon the retention of title to the premises by the Landlord. ff[nD it to mutua[lp unDeristooD anD agreeD that the covenants and agreements contained in the within Jesse j shall be binding upon the parties hereto and upon their respective successors, heirs, executors and administrators. li alt Witnegg Wbtttd, the parties have interchangeably set their hands and seals (or caused these presents to be signed by their proper corporate officers and caused their proper corporate seal to be hereto &Zxed) this day of 1993 Signed, sealed and delivered in the presence of CREIQS _~__._._...____......L. S. _._..L. S. i TAr IINC I By: mes Le u I est President Jnt 1 V ~I ~ tj~a • C ,P " \ in 7t 'A 1.rJ 4; 1 rF0' Jil 0, F'>D i.n u r I ' n aP t a .d Tl t X 6 0 u q~ ~ 9~ i 9d 4 9 Y z .i u x F = ~ ~I h V,h ~ 2N H i t ~a w; ~ Ex.snN C. cEnc.....,c, f~a. - ioo :r. EX/STiA/G swT~[ rnx.,K (2Str~ GAS) - _ A"' ~kIST~NC~ GRCI.sa - l'R,pp E.x is-rule f.3UU..17ri..f C~ SUF,-OLK COUNTY DEPARTMENT OF yjl HEATH SERVICiS r Based on the in H.D. Ref, No._ />J ¢ q O de!ermined that ~imotion suym;tied• it has been . additional PrOleet does l of require disposal or water supply faciiities, e 1 t I a. RPPraved in aeco:dan~e with dete Board of Rewpar +tnination datCd :>~w - MAY NFC.itM ATOh~ • pR ph "uttEq,Ti aASa.D oN LPND 6llttvt~' (2 tit rL .P~~ 9'Za-V FsE.t-or.~PR TU MR. KEG-i/J6~Fr GvWR6~ L5 u Lr Of ffe S , AND oP6 tT Y ow !hR. Jo56A-1 GLb:NSHAW ~ H-a9-B9 ln5 ~Y £?L~6RcK....~,w.n+'r.L,Y3 xtp..,.:~.:.,,,.W.....iL 0 +..tr`a I Y'1 n.l....-.- ~.nw.~ gUFFO(~c PLANNING BOARD MEMBERS Richard G. Ward, Chairman H Z Town Hall, 53095 Main Road George Ritchie Latham, Jr. P. O. Box 1179 Bennett Orlowski, Jr. y O~~ Southold, New York 11971 Mark S. McDonald Fax (516) 765-3136 Kenneth L. Edwards PLANNING BOARD OFFICE 81994 TOWN OF SOUTHOLD Ij' JUN TO: Gerard P. Goehringer, Chairman, Zoning Board of Appeals From: Richard G. Ward, Chairman n RE: Your coordination request for comments on Jasta Int. (formerly Directors Seat/ RAZ MA TAZ) Main Road, Mattituck Zoning District: General Business (B) SCTM# 1000-122-6-36 DATE: June 7, 1994 The following is in response to your request for comments on the above Special Exception. This Board based its parking calculations on the Board of Health maximum occupancy of seventy five people. As such, the on site parking spaces are adequate. The Board is aware that Jasta has a signed agreement with Mr. Crenshaw to park overflow cars on his property for a period of two years. This Board has no objections, and would encourage your Board to impose any additional conditions as you feel appropriate. cc: Thomas Fisher, Senior Building Inspector In Charge %%Sf F04 APPEALS BOARD MEMBERS i Gerard P. Goehringer, Chairman Serge Doyen Jr. tip Town Hall, 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Robert A. Villa Southold, New York 11971 Richard C. Wilton Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM TO: { X } Planning Board { } Building Department { } Town Trustees FROM: Board of Appeals DATE: May 20, 1994 SUBJECT: Our Coordination Request for Comments/Concerns Site Plan Layout - LKC Corp./Jasta, Inc. CTM #1000-122-6-36 (B Zone) at Mattituck As you are aware, the Owner of the above-mentioned premises, LKC Corp. and a Tenant, Jasta, Inc. are proposing to occupy the former Raz-Ma-Taz site in Mattituck as a drinking establishment (sports bar) which is regulated under the Master Plan Revisions under Article X1, Section 100-101B. We understand the site plan application has been reviewed by the Planning Board over the last several months. Since the application before the Board of Appeals concerns areas of parking, screening, egress and ingress under the Special Exception subject to Planning Board approval, we would like to provide you with an opportunity at this time to comment on those elements (required by Article XXV-Site Plan Regulations). You will note that the property consists of one-half acre, and the property has been unoccupied for quite some time. The public hearing will be held by the Board of Appeals on Wednesday, June 8, 1994, and we ask that you please comment on how access to the Crenshaw parcel will be obtained for overflow parking, and whether or not you would have any objection to conditions established by the Board of Appeals as appropriate under the Special Exception review pertaining to the activities proposed under this use. Please communicate your concerns through the Chairman or Linda Kowalski in order that it may be considered prior to, or during, the public hearing on June 8th. Thank you. APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman C* Serge Doyen, Jr. Town Hall, 53095 Main Road James Dinizio, Jr. PO. Box 1179 Robert A. Villa Southold, New York 11971 Richard C. Wilton Fax (516) 765-1823 Telephone (516) 766-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD MEMORANDUM TO: ZBA Members FROM: Jerry DATE: May 18, 1994 RE: Interior Inspection LOC Corp. (James Lebruecker) Old Razmataz Building - N/s Main Road, Mattituck I have arranged for an inspection of the interior of the old Razmataz Building for this Saturday, May 21st at 9:30 a.m. If this date is not convenient, Linda will arrange a second inspection date (other than Saturday) which might be more convenient for you. LKC CORP. 1078 1 450 WILLIAM FLOYD PKWY. - SHIRLEY, NY 11967 / 50-791/21 2 1912 PAY THE ORDER OF / L/ y ORDER !!!///???lll ///777 NORTH FORK BANK ~.xr 1H50 i. FOR a 11'00107811' 1:02i4079i21:11.1224aal00977 711' K LIMOUSINE SERVICE, INC. 1161 HERRICKS LN. JAMESPORT, NY 11947 C 50446/214 FPAY-~ 3 ,9 Sl TOTHE / ORDER OF VJ~j(/.~7 1 7&e iael-fvNe S/ e-e RS ® THE SUFFOLK COUNTY NATIONAL BANK i ° ~uoo ruwrnw.au*rmn:axcwnniina FOR 2o ot-fise7 hd a / 5'0011615' 1:0214054641: 101 00355 11' d l , r 7:50 p.m. Appl. No. 4245- Drive, Orient 12. 8:35 p.m. Appl. 4247- / \ ORGE AND SUSAN on the Map d~r Lot and No. 7 View HUGH T. and CAROL L. J( l BOARD OF APPEALS Estates; County Ma TOWN OF SOUTHOLD TSAVARIS. This is a request Y P CONROY. This is a request NOTICE OF for a variance under Article Parcel No. 1000-14-2-3.11. for a Special Exception to PUBLIC HEARINGS XXIII, Section 100-239.4A for 8.8:15 p.m. Appl No. 4241- establish an Accessory Apart- permission to locate swimm- RICHARD LAN. This is a re- men[ in conjunction with the ing pool with fence enclosure quest for a variance under Ar- owner's occupancy within ex- NOTICE IS HEREBY within 100 feet of the bluff of ticle IIIA, Section 100-30A.4 isting residence as authorized GIVEN, pursuant to Section the Long Island Sound. Loca- (ref. Article III, Section under Article 111, Section 267 of the Town Law and the I tion of Property: 2170 The 100-33) based upon the May 4, 100-30A.2B and Section Code of the Town of' Strand, Lot 111 at Pebble 1994 Notice of Disapproval 100-31B(14) of the Zoning Southold, that the following Beach Farms, East Marion, from the Building Inspector in Code. Location of Property: public hearings will be held by NY: Parcel ID No. 1000-30- a building permit application Westerly side of Gin Lane, the SOUTHOLD TOWN 2-53. to construct pool and deck in Southold, NY; also referred to BOARD OF APPEALS, at 5. 7:55 p.m. Appl. No, the front yard area, as an ac- as Lot No. 2 on the Subdivi- the Southold Town Hall, I 4244SE- DEPOT ENTER- cessory use. Location of Pro- sion Map of Bay Haven filed 53095 Main Road, Southold, PRISES, INC. This is a re- perty: 230 Bridge Lane, Cut- in the Suffolk County Clerk's New York 11971, on quest for a Special Exception, chogue, NY; County Max Map Office as Map 2910; further WEDNESDAY, JUNE 8, as amended, to include ap- Parcel No. 1000-111-15-1.4 and identified on the County Tex 1994, commencing at the proval for the location and use 1.5 (Tax Map Parcel No. 1.4 Maps as 1000-88-3-6. times specified below: ~ of a proposed addition to the totals 2.478 acres and Parcel 13. 8:55 p.m. Appl. No. ' 1.7:30 p.m. Appl. No. 4235 existing principal building Na 1.5 totals 1.088 acres). The 4710_ KfARnARET I BEST KIM FALLON AND CYN located at 320 Depot Lane, subject premises is located in 1,10D ADVLYN SYVERSON THIA SUTRYK. (Hearing ` Cutchogue, New York. The an R-40 Low-Density Residen- This is a request for a variance Continued from May 4, 1994) proposed addition is an exPan- tial Zone District. under Article IIIA, Section This is a request for a variance sion of the existing recrea- 9. 8:20 p.m. Appl. No. 4243 100-301 based upon the May based upon the April 4, 1994 tional membership club and is - MOORE'S LANE 2, 1994 Notice of Disapproval! Notice of Disapproval from located in the Residential- HOLDING CORP. This is a by the Building Inspector for the Building Inspector to' Office (RO) Zone District. request for a variance under I approval of the proposed in- locate accessory building in I Property ID No. Article V Section 100-53B, sufficient lot area and insuffi-I the front yard area. Location 1000-102-2-121 Section 100-31C (ref. Section cient lot width of proposed of Property: 3200 Soundvi 6.8:05 p.m. Appl. No. 4249- 100-33), and Section 100-231, parcels No. 1 and No. 2. Loca- Avenue, Matttuck, NY; Coun- SANFORD AND SUE based upon the May 4, 1994 tion of Property: Private Road ty Tax Map Parcel HANAUER. This is a request Notice of Disapproval from I No. 17 extending off the 1000-94-2-5. for a Special Exception to the Building Inspector for per- easterly side of Camp Mineola 2.7:35 p.m..Appl. Na 4234- establish and operate a Bed mission to locate acessory uses Road, Mattituck, NY; Coun- ALEX AND MARION and Breakfast in accordance (tennis court, swimming pool ty Tax Map Parcel No. WIPE (Hearing Continued with the provisions of the zon- and pool clubhouse) in an area 1000-123.6-17. The . subject from May 4, 1994). This is a in code at Article III, Section other than the required rear 8 premises contains a total lot request for a variance under 100-311105), with owner- Yard, and with tennis-court area of approximately 1.2 Article III, Section 100-33C occupancy, and as an ac- fencing at a height of more acres in total area and is for permission to locate an ac- cessor to the existing prin- than four feet when located in Y located in the R-40 Low- cessory garage with a fron- ci al residence. Location of a front yard area. Location of p Density Residential Zone I tyard setback at less than the Property: 4105 Soundview Property: 475 Cedarfields District. required 40 ft. front yard set- I Avenue, Mattituck, NY; Coun- Drive, Greenport, NY; Coun- The Board of Appeals will back. This parcel is noncon- t y Ma Parcel No. ty Tax Map Parcel No. Y P at said time and place hear any forming with a lot area of cep- 1000-94-3-part of 1.7, also 10,00-40-5-1.42. The subject and all persons or represen- proximately 22,000 sq. ft. and known and referred to as Lot premises is located in the tatives desiring to be heard in frontage of 118 ft. Location of No 2 on the Subdivision Map -Hamlet-Density Zone District. the above matters. Written Property: 940 West Creek of Robert and Jean Lenier. 10. & 11. 8:25 p.m. TONY comments may also be sub- Avenue, Cutchogue, NY; 7 8:10 p.m. Appl. No. 4240- AND MARIA KOSTOULAS. I mitted prior to the conclusion County lax Map Parcel No. JOHN CROKOS. This is a re- Location of Property: 1035 of the subject hearing. Each 1000-103-13-7. quest for a variance under Ar- Aquaview Avenue, East hearing will not start before 3.7:40 p.m. Appl. Na 4246- ticle XXIX, Section Marion, NY; County Tax Map the times designated above. If LKC CORP. and JASTA, 100-239.4A based upon the Parcel No: 1000-21-2-13. This you wish to review the files or INC. This is a request for a May 4, 1994 Notice of Disap- property is nonconforming as need to request more informa- Special Exception for permis- proval from the Building In- to total lot area in this R-40 tion, please do not hesitate to sion to establish a drinking spector for permission to Zone District. call 765-1809 or visit our establishment use as listed locate swimming pool with Appl No. 4098 - (Continued office. under Article XI, Section fence enclosure within 100 feet Hearing) This is a request for Dated: May 23, 1994 100-IOIB in an existing prin- ff the bluff along the Longa variance under Article BY'ORDER OF THE 6I Sipal building. The subject Island Sound. This property XXIII, Section 100-239.4 for SOUTHOLD TOWN was the subject of prior Ap- approval oa deck extension BOARD OF APPEALS premises is nonconforming peals under A I• No. 4204 as with a lot area of approx- pP located within 100 feet of the GERARD P. GOEHRINGER rendered 12/8/93 and Appl. bluff of the Lon Island CHAIRMAN _ imately one-half acre and 8 115± ft. frontage along the No. 4140 as rendered 2/23/94. Sound. By: Linda Kowalski I north side of the Main Road The subject premises is im- Appl No. 4248- This is a re, 1X-5/26/94(40) and is located in the B-General proved with a single-family quest for a variance under Ar- Business Zone District. Pro- dwelling and contains an area ticle IIIA, Section 100-30A.3 perty Address: 6955 Main of approximately 40,000 sq. ft. for approval of a deck addi- ~nt y~ 5 Road, Laurel, NY; County Tax , (total lot area). Location of lion with insufficient side yard p...,...-. w u., . sworn, 88yM L118G +r.o/ a"" garage with fimityard setback "set"- required rear yard anu uly than the req mg court fencing at a height of more than 1h back. This parcel is none tel four feet when located to a front Y~ f THE SUFFOLK TIMES. a 475 with a lot area of appr, y area. Location of Propeort NY; published at 11M8ttituek, in 22,000 sq- ft. and frontage o LIB ft. Cedarfields DriveParcel , Green Nos 1000-40- 940 West Creek County Tax Map Count of Suffolk and Avenue, of Property. Tax remises is located Old, the Avenue, Cutc tchog"c, gue, NY; County 5.1.42. The subject P Zone District nd that the Notice of which Map Parcel No.)000-103-11-7. in the Hamlet-Dcasity 3 . 7:40 p CORP. .m. ApPI. No, 4246 - 10. & I1. 825 p.m. TONY andand JIMA, INC. This MARIA KOSTOULAS. Location of nted copy, has been regular- ew Avenue, Newspap er Once each week is a request for a Spec avi s a Special Exception for pro County Tax map permission to establish a drinking East Marton- NY; County 1000-21-2-13. This prop- uCCCSSiVCly CO1nuGCIICing an establishing use as listed under Article Parcel No as to total lot A XI. Section 100-10 principal building.18 in an existing arty is nonconforming G t 'ILe subject p O area in this R-40 Zone District. es is nonconformi. ng with a lot area rea 5t APpi. No. 4099 - (Continued approximately one-half acte and IISs Hearing). This is a request for a ft. frontage along the north side of the variance under Article XXIII, Main Road and is located in the B• Section 100-239.4 for approvat of a itoo General Business Zone District.- -P deck extension located withmsland Principal Clerk r Property Address: 6955 Main Road• feet of the bluff of the Long Laurel, NY; County Tax Map No. Sound. This is a - 1i1//yFa'J'.'J- a 1000-122-6-36. APpi. No. 4248 Article 4. 7.50 p.m. Appl. No. 4'-45 - quest for variance under IS. GEORGE and SUSAN TSAVAR uncle IIIA Section addition for aP- e this Article isle a request for Section a variance under roval of a deck k addition with in- 100-239.4A for sufficient side yard setbacks. 1} permission to locate swimmingpool 11 9,35 pm Appl 4247-1IUG6' 19 with fence enclosure within 100 feet of T and CAROL L. CONROY. This is the bluff of the Long island 7sound. The a request for a Special Exception to Location of Property: establish an Accessory Apartment in Strand. Lot I I1 at Pebble Beach conjunction with the owner's occupan- Farms, East Marion. NY; Parcel ID - cy within existing residence as autho- No. 1000-30-2-53. rued under Article III. Section 100- 5. 7:55 p.m. ApPI. No. 4244SE - 30A.'_B Zoniandng Section 100-31B(141 of - DEPOT ENTERPRISES, INC. This the Code. Location of is a request for a Special Exception. M amended, to include approval for the Property: Westerly side of Gin Lane. location and use of a proposed addi- Southold, NY; also refereed too gay tion to the existing principal building #2 on the Subdivision Map as s S Map 291 Suffolk C further the County located at 320 Depot Lane. Cutchogue, ClerkHaven 's Filed i office in New York. The proposed addition is identified x Maps as an expansion of the existing ridentified on the County Tax ational membership club and is located 1000-88-3-6. _ 13. 8:55 p.m. Appl. No. 1239 - in the Residential 'D No 1000,10??e MARGARET BEST and ADYLYN District. Property SYVERSON. This is a request for a 12'1. - variance under Article IIIA. Section 6. 8:05 P.m. App). No. 4249 -30A.1 based upon the May 2, SANFORD and SUE HANAUER. 100 1991 NOllez of Disapproval by the This is a request for a special Excep- Building Inspector for approval of the tion to establish and operate a Bed and Bui ing in lot area and Breakfast in accordance with the Pro-.. proposed n lot width of proposed I insufficient visions of the zoning code at Article parcels #1 and #2. Location Of Prop- Ill, section 100-3111(15), with owner- art Private Road #17 extending off occupancy. and as an accessory to the the easterly side of Camp Mineola existing principal residence. Location Road. Mattituck. NY; County Tax The of Property: 4105 Soundview Avenue. Mattituck, NY; County Tax Map Map Parcel No. 1000-12 total lot parcel No. 1000-94-3-part Of 1.7, also subject premises contains a known and referred to as Lot No. 2 on area of approximately 1.2 acre(s) in the Subdivision Map of Robert and total area and is located in the R-40% Low-Density Residential Zone Dis- Jean Lenza. 7. 8:10 p.m. ApPI. No. 4240 - ~eThe Board of Appeals will at said JOHN CROKOS. This is a request time and place hear any and all per- for a variance under Article XXIX, sons or representatives desiring to be Section 100-239.4A based upon the heard in the above matters. Written May 4. 1994 Notice of Disapproval comments may also be submitted prior from the Building Inspector for per- to the conclusion of the subject hear-' mission to locate swimmingpool with fence enclosure within 100 feet of the 1A ing. Each hearing will not start before times designated above. You bluff along the Long Island Sound. wish to review the files or need to This property was the subject of Prior request Appeals under Appl. No. 4204 as ren- not hesitate to call 7651809 or visit tiered 12/8/93 and Appl. No. 4140 as our office. rendered 2123193. The subject Premis- Dated: May 23, 1994. es is improved with asingle-family BY ORDER OF THE SOUTHOLD dwelling and contains an area of TOWN BOARD OF APPEALS approximately 40.000 sq. ft. (total lot GERARD P. GOEHRINGER area). Location of Property: 2110 CHAIRMAN Grand View Drive. Orient, NY: Lot - By Linda Kowalski 0 NOTICED No. 7 on the map of Grand View 7945-ITMy 6 ' PUBLIC HEARINGS Estates; County Tax Map Parcel No. NOTICE IS HEREBY GIVEN. 1000-14-2-3.11. pursuant to Section 267 of the Town 8. 8:15 p.m. Appl. No. 4241 - Law and the Code of the Town of RICHARD LAN. This is a request for Southold, that the following public a variance under Article IIIA. Section hearings will be held by the 100-3OA.4 (ref. Article III. Section SOUTHOLD TOWN BOARD OF 100-33) based upon the May 4, 1994 APPEALS, at the Southold Town Balding InspectoPnra building permit Hall. 53095 Main Road. Southold, hcation to construct Pool and deck New York rk 1 11971, on WEDNESDAY, ' app JUNE 8, 1994, commencing at the in the from yard area, as ara30 acc Brid e time specified below: use. Location of Property: o a 1. 7:30 p.m. Appl. No. 4235 - Lane. Cutchogue. NY: County Tax KIM FALCON and CYNTHIA Map Parcel No. 1000-111-15-1.4 and SUTRYK. (Hearing Continued from 1.5 (Tax Map Parcel No. 1.4 totals May 4. 1994). This is a request for a 2.478 acres and Parcel No. 1.5 totals I variance based upon the April 4, 1994 I.Ogg acres). The subject premises is Notice of Disapproval from the located in an R-40 Low-Density Building Inspector to locate accessory Residential Zone District. building in the front yard area. 9. 8:20 p.m. Appl. No. 4243 - iI Location of Property: 3200 Soundview MOORE'S LANE HOLDING Avenue. Mattituck, NY; County Tax u der Article V Section 100-538, Map Parcel 1000-94-2-5. - 2. 7:35 p.m. Appl. No. 4234 - Section 100-31C (ref. Section 100-33), _ I APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr.T' P~ P.O. Box 1179 James Dinizio, Jr.Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Richard C. Wilton a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 24, 1994 TO: Applicants RE: Public Hearings - June 8, 1994 Dear Sir or Madam: We are in receipt ofyour recent application under the Southol& Town Zoning Ordinance and have forwarded notice for publication this week to the local and official newspapers of the Town, to wit: Long Island, Traveler and Suffolk Times. Copies of your file have been distributed to the Board Members for additional review. and individual on-site inspection; expected within • the next 10 to 14 days. If you have not already staked the proposed new construction, we ask that you please do so immediately. It is requested that one of the property owners, or if the property owner is not available, then someone fully familiar with the property, appear at the public hearing at the time specified in the attached Legal Notice. If your presentation should be lengthy, a draft or final written copy is always appreciated. You should feel free to submit additional documentation to support this application at any time before; or during, the public hearing: Please do not hesitate to call our office if you have questions concerning your application or related matter. Yours very truly, Linda Kowalski Clerk, Board of Appeals Enclosure emu: rc? z:~~ APPEALS BOARD MEMBERS r~ OG Gerard P Goehringer, Chairman Serge Doyen, Jr. Town Hall, 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Robert A. Villa Southold, New York 11971 Richard C. Wilton Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JUNE 8, 1994, commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4235 - KIM FALLON and CYNTHIA SUTRYK. (Hearing Continued from May 4, 1994) This is a request for a variance based upon the April 4, 1994 Notice of Disapproval from the Building Inspector to locate accessory building in the front yard area. Location of Property: 3200 Soundview Avenue, Mattituck, NY; County Tax Map Parcel 1000-94-2-5. 2. 7:35 p.m. Appl. No. 4234 - ALEX AND MARION WIPF. (Hearing Continued from May 4, 1994). This is a request for a variance under Article III, Section 100-33C for permission to locate an accessory garage with a frontyard setback at less than the required 40 ft. front yard setback. This parcel is nonconforming with a lot area of approximately 22,000 sq. ft. and frontage of 118 ft. Location of Property: 940 West Creek Avenue, Cutchogue, NY; County Tax Map Parcel No. 1000-103-13-7. Page 2 - Notice of Hearin* Southold Town Board of Appeals Regular Meeting of June 8, 1994 3. 7:40 p.m. Appl. No. 4246 - LKC CORP. and JASTA, INC. This is a request for a Special Exception for permission to establish a drinking establishing use as listed under Article XI, Section 100-101B in an existing principal building. The subject premises is nonconforming with a lot area of approximately one-half acre and 115+- ft. frontage along the north side of the Main Road and is located in the B-General Business Zone District. Property Address: 6955 Main Road, Laurel, NY; County Tax Map No. 1000-122-6-36. 4. 7:50 p.m. Appl. No. 4245 - GEORGE AND SUSAN TSAVARIS. This is a request for a variance under Article XXIII, Section 100-239.4A for permission to locate swimmingpool with fence enclosure within 100 feet of the bluff of the Long Island Sound. Location of Property: 2170 The Strand, Lot 111 at Pebble Beach Farms; East Marion, NY; Parcel ID No. 1000-30-2-53. 5. 7:55 p.m. Appl. No. 4244SE - DEPOT ENTERPRISES, INC. This is a request for a Special Exception, as amended, to include approval for the location and use of a proposed addition to the existing principal building located at 320 Depot Lane, Cutchogue, New York. The proposed addition is an expansion of the existing recreational membership club and is located in the Residential-Office (RO) Zone District. Property ID No. 1000-102-2-12.1. Page 3 - Notice of Hearin Southold Town Board of Appeals Regular Meeting of June 8, 1994 6. 8:05 p.m. Appl. No. 4249 - SANFORD AND SUE HANAUER. This is a request for a Special Exception to establish and operate a Bed and Breakfast in accordance with the provisions of the zoning code at Article III, Section 100-31B(15), with owner-occupancy, and as an accessory to the existing principal residence. Location of Property: 4105 Soundview Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-94-3-part of 1.7, also known and referred to as Lot No 2 on the Subdivision Map of Robert and Jean Lenzer. 7. 8:10 p.m. Appl. No. 4240 - JOHN CROKOS. This is a request for a variance under Article XXIX, Section 100-239.4A based upon the May 4, 1994 Notice of Disapproval from the Building Inspector for permission to locate swimmingpool with fence enclosure within 100 feet of the bluff along the Long Island Sound. This property was the subject of prior Appeals under Appl. No. 4204 as rendered 12/8/93 and Appl. No. 4140 as rendered 2/23/93• The subject premises is improved with a single-family dwelling and contains an area of approximately 40,000 sq. ft. (total lot area). Location of Property: 2110 Grand View Drive, Orient, NY; Lot No. 7 on the Map of Grand View Estates; County Tax Map Parcel No. 1000-14-2-3.11. 8. 8:15 p.m. Appl. No. 4241 - RICHARD LAN. This is a request for a variance under Article IIIA, Section 100-30A.4 (ref. Article III, Section 100-33) based upon the May 4, 1994 Notice of Disapproval from the Building Inspector in a building permit application to construct Page 4'- Notice of Hearit Southold Town Board of Appeals Regular Meeting of June 8, 1994 pool and deck in the front yard area, as an accessory use. Location of Property: 230 Bridge Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-111-15-1.4 and 1.5 (Tax Map Parcel No. 1.4 totals 2.478 acres and Parcel No. 1.5 totals 1.088 acres). The subject premises is located in an R-40 Low-Density Residential Zone District. 9• 8:20 p.m. Appl. No. 4243 - MOORE'S LANE HOLDING CORP. This is a request for a variance under Article V Section 100-53B, Section 100-31C (ref. Section 100-33), and Section 100-231, based upon the May 4, 1994 Notice of Disapproval from the Building Inspector for permission to locate accessory uses (tennis court, swimmingpool and pool clubhouse) in an area other than the required rear yard, and with tennis-court fencing at a height of more than four feet when located in a front yard area. Location of Property: 475 Cedarfields Drive, Greenport, NY; County Tax Map Parcel No. 1000-40-5-1.42. The subject premises is located in the Hamlet-Density Zone District. 10. & 11. 8:25 p.m. TONY AND MARIA KOSTOULAS. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. Appl. No. 4098 - (Continued Hearing) This is a request for a variance under Article XXIII,; Section 100-239.4 for approval of a deck extension located within 100 feet of the bluff of the Long Page 5 - Notice of Hearin • Southold • Town Board of Appeals Regular Meeting of June 8, 1994 Island Sound. Appl. No. 4248 - This is a request for variance under Article IIIA, Section 100-30A.3 for approval of a deck addition with insufficient side yard setbacks. 12. 8:35 p.m. Appl. 4247 - HUGH T. and CAROL L. CONROY. This is a request for a Special Exception to establish an Accessory Apartment in conjunction with the owner's occupancy within existing residence as authorized under Article III, Section 100-30A.213 and Section 100-31B(14) of the Zoning Code. Location of Property: Westerly side of Gin Lane, Southold, NY; also referred to as Lot #2 on the Subdivision Map of Bay Haven filed in the Suffolk County Clerk's Office as Map 2910; further identified on the County Tax Maps as 1000-88-3-6. 13. 8:55 p.m. Appl. No. 4239 - MARGARET BEST and ADYLYN SYVERSON. This is a request for a variance under Article IIIA, Section 100-30A.1 based upon the May 2, 1994 Notice of Disapproval by the Building Inspector for approval of the proposed insufficient lot area and insufficient lot width of proposed Parcels #1 and #2. Location of Property: Private Road #17 extending off the easterly side of Camp Mineola Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-6-17 The subject premises contains a total lot area of approximately 1.2 Page 6 - Notice of Hearing Southold Town Board of Appeals Regular Meeting of June 8, 1994 acre(s) in total area and is located in the R-40 Low-Density Residential Zone District. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: May 23, 1994. By ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x Copies of Legal Noticetnt to the following 5/24/94: Cynthia Sytruk and Kim Fallon 55 Harbor View Avenue Mattituck, NY 11952 Mr. and Mrs. Alex Wipf 940 West Creek Avenue Cutchogue, NY 11935 LKC Corp. P. 0. Box 843 Jamesport, NY 1 1 947-0843 Mr. and Mrs. George Tsavaris 2170 The Strand P. 0. Box 385 East Marion, NY 11939-0385 Dr. Joseph Lizewski Depot Enterprises, Inc. 320 Depot Lane Cutchogue, NY 11935 Mr. and Mrs. Sanford Hanauer 4105 Soundview Avenue P.O. Box 281 Mattituck, NY 11952-0281 Attn: Keith Keller-Sandgren Associates 10 Mineola Avenue Roslyn Heights, NY 11577 Mr. James Fitzgerald P.O. Box 617 Cutchogue, NY 11935-0617 Moore's Lane Holding Corp. P.O. Box 1143 Cutchogue, NY 11935-1143 Patricia C. Moore, Esq. P.O. Box 23 Westphalia Road Mattituck, NY 11952-0023 Mr. and Mrs. Hugh T. Conroy Dr./Mrs. Robert Hariri 380 Gin Lane 61 Lafayette Avenue Southold, NY 11971 Chatham, NJ 07928 Scheffs Trust M/M Demetrio Laveglia 3100 Soundview Avenue 97-24 116th Street Mattituck, NY 11952 Richmond Hill, NY 11419 Copies to TB, BD, PB, TA Departments w^~ ~ : ~ OVST w!O CMaBK.fi RY(.aPTKfC - ' ,I _ ~ SVRRMd55 - e ' _ 1 ~ Gn. • id d E. 75.0 •vawMCr' rsNtE .I PARK u-J&, LV S u ~ ( nO ® ® W KISTW(a NK.N T Sw NfNT . N ~ ~ t pLyuPNJLY 'eF puSTw[s B(M~Gw(a . - ~ lJ `P"'~ •y.,°n"°" O • ki~w.~"~ p . ns PGr+. N.Y S. o.ns p•,zP) a 4e w.• . IY9v P w HL -vsl~ s $C Ku' w.MTf 0i-D`• I f^c2Z~r+~wG Fan s..a.orcc _ _ 12 i ~ - Vai o+Y. . sso GR^s4.n^ ® 1~ ea..cawT[ { - PMn w.aw,.ua.tNrs .249 / J'.w,°~ , a a Po~/c.a r 42 :w y b / Polk , Im. C, u~ KnWnEwsNCr , a o r' orw a ll ~ "F~tN'tW fa r =:1 RY~SrMb ~/a.~ ~ocwT~w D~d SJJTtf~OT~:~I - Z'34' 5.~'l 10 W LlS.O 2439: To vKrottY we./~+C PU ZU:I:~ as 3 ~,t<y RoAp (N:Ys R re as) Tp,X MAP ~ 1~-{22-06-36 OGgSBD SITE LA EL ..A - t]G,E PAN F G'I T G f- U d ~ ~ ~ sc : { - caws Pwwwn ~r~^ . RoJ-m as LMFl~,~' Nam! Yo0.K ~ rPT'ifsnl S / PAR~{NC...f L~Q~WA(iE t'.ALC.rX". nee wnwevaw as - owwNlwowwwM i ~ FOurCOG JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK =o r=n P.O. Box 1179 tJ~ Southold, New York 11971 REGISTRAR OF VITAL STATISTICS VO Fax (516) 765-1823 MARRIAGE OFFICER Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER -'W FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: 70NING APPEAL NO. 4246 DATE: MAY 10, 1994 Transmitted is application for a special exception submitted by L.K.C. CORPORATION together with notice to adjacent property owners; Zoning Board of Appeals questionnaire; together with survey and other relevant documents. Judith T. Terry Southold Town Clerk c NUMaE 4RNCIDENT REPORT EPORTEO GAT 1 `I - 7M M Southold Town PoIIw De"dMont . r. mm - r Flouts 25 OCOURRED ( IVITYNUMBER p - - - Peconk. New Yak 11958 _ 576.7 '&F2600 - FROM.: , HAS , ESCAIPTO e. - TO HRS V FL - . CASE TV ? CRIMINAL CASE 3S COOE - OESKOFFK:ER `gJ NON CRIMINAL . m 9 RECEIVED )d CALL FOR SERVICE. _ PATROLOFFICE _ . Z p OFFICER INITIATED / nc / _ t((.tHt m p CWNTER REPORT _ m LL INCIDENT I OCATION / - 9 ~gC - c STREET NAME - TYPE OIR APT. SECTOR A NBR l~ T ? BLOCK C3 COMMERCIALBLOO- a PUBLIC SLOG. ? SCHOOL p COUNTRY CLUBIGROUNOS 1 ? PURUCPARK p BANK O OTHER INTERSECTION ? INWSTRIAL BLOO. r p Q p MULTI DWELLING PARKING LOT a CHURCH N ? 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'Q3 /M01719 I?~c ~2 o d ~4~¢ &4L 1 A RF ?A-44d % :AsE NUMBER - OCIDENTREPORT REPORTED 044. 5%7 73 6 C~ ~U 3 Southold Town Police DRputmont DATE 7 •CTIVITYNUMBER - Routs 25 OCCURRED Peeonk N" Yolk 11938 1..:.. ; . - S16T6S2600 FROM HRS.. .ASE OESCRPTION 77V47; /ALARM TO HAS CASE PE O CRIMINAL CASE - SS CODE OFFICER T NCN CRIMINAL -OW RECEIVED _ [PA CALL FOR SERVICE O OFFICER NfMTEO - - - PAGE OP. FFKER y-l/ 0 COUNTFRREPORT 'T^ TN Nc s L IN ialm 11 GCATION - ! - C -~7 TYPE DBI APT. SECroR A' NBR STREET NAME MMERC%L9LOO, a PUBLIC BLOM O SL7100L 0 COUNTRY CLU&GROUNDS T O BLOCK KI:O 0 INTERSECTION 0 INOUSTRIALBLDO. 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AMERICAN INDIAN O.OTHER W"WHITE E PERSON LASTNAME FIRST MI ADORESS R O 00pE HOME PHONE BUSINESS PHONE OCCUPATION N $ RACE SEX DOB AGE HGT WGT EYES HAIR COMPLEXION PERSON LAST NAME FIRST MI ADDRESS CODE HOME PHONE BUSINESS PHONE OCCUPATION - RACE SIX DOB AGE HOT WGT EYES HAIR COMPLEXION Nwradve: IF" or Type Only) ? ~ --E BOG CASE NUMBER INCIDENT REPORT REPORTED RR GATE D~ HRS ACTIVITY NUMBERy Southold Town Pollee DepartmaM ~1/ 3 G Route 25 OCCURRED Peaonle, New Yak 11958 5167W2600 FROM HRS CASE 9CRPTION I J7'U12B4NGk1 vawa, TO HRS CLASS CODE CASE PE ?CRIMINAL CASE 5. NON CRIMINAL DESK OFFICER HOW RECEIVED m CALL FOR SERVICE PATROLOFFICER Z ? OFFICER INITIATED PAGE ~OFJ- Te ? COUNTER REPORT C' m C (flog klAr61<2 WGU r A NB STREET NAME TYPE DIR APT. SECTOR T ? BLOCK ¢ COMMERCW.SLDG. ? PUBLIC BLDG. ? SCHOOL ? COUNTRYCLUB/GROUNDS 1 ? INTERSECTION ? INDUSTRIALBLOG. ? PUBUCPARK O BANK ? OTHER N CI PRIVATE HOME ? MULTI DWELLING ? 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VICTIM D - DRIVER I-INJURED/AIDED O.OWNER S-SUSPECT W-WITNESS E-EMPLOYEE J - JUVENILE P-POLK:EOFFICER U-UNKNOWN Z-OTHER PERSON FIRST MI n~J ADDRESS LAST NAME CODE HOME PHONE BUSINESS PHONE OCCUPATION zk~- Ik RACE SE% DOR AGE HOT WOT EYES HAIR COMPLEXION WJ m RACE CODES P A-ASIA N/ORIENTAL B - BLACK H- HISPANIC 1 -AMERICAN INDIAN O-OTHER W-WHITE E PERSON LAST NAME FIRST MI ADDRESS R C/3P 2L w, c / A? /?ILleak 0 CODE HOME PHONE BUSINESS PHONE OCCUPATION N S RACE SEX DOB AGE HGT WGT EYES HAIR COMPLEXION 11 m PERSON LAST NAME FIRST MI ADDRESS CODE HOME PHONE BUSINESS PHONE OCCUPATION RACE SEX DOB AGE HOT WGT EYES HAIR COMPLEXION Narrative: (Prkd or Type Only( ~l A2 b'Y/02TL'b {lFly /,I6 A i72o BLern •~/JT'N r[6/GU Bo2~wL H A n BR2 Dc&7yw L'iry Y//J7Q a /d 2F /2,a/lr4L 0-/ //U IkVdAlll a *1w40 L~uwJV/ i~N9a-If v ~ S~lmr i~~Ri rn.FSren nv .~.aalL,.-G .a.va ~.s.~ L/JL.L AC rffl,AJr" SJ6.?s ar ~S+mg 1/,-74y4Lg N~ALgG NSK -?,,.2 a./.?nn A?V #2 L(3FT ),U J ,092K J~/6 &ak&# 419 0 CS TU A4l; Tbv C~1' G/Jn w ~41 n g 7wis /J -;;g/ /~U75iS Tb L~2lzT Z922 e,4a Tb ll1rCP Vd'7Y L LG~1 OFi= JJeS I/,QA-fin iJ+-C PDTS-1A Q4 ^ •INCIDENT REPORT REPORTED CASE NUMBER DATE HAS ACTIVITY NUMBER Southold Towel Police Department Route 25 OCCURRED Pe ic, New York 11958 516.765-2600 FROM HAS CASE TION L) LL`- TO HAS CLASS CODE 7Y rnI ' 6-D OASE PE ? 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CHURCH PERSON INVOLVEMENT CODES •41:11 C-COMPLAINANT F - FINDER M- MISSING PERSON R- REPORTING PERSON V - VICTIM D- DRIVER I- INJURED/AIDED O-OWNER S-SUSPECT W-WITNESS E-EMPLOYEE J - JUVENILE P- POLICE OFFICER U-UNKNOWN Z-OTHER - IE LASTNAME FIRS MI T SS out s 0 TSS L a. -qtr HOME PHON BUSINESS PHONE 4PCUPATON RACE S^EX ORB AGE HGT WGT EVES HAIR COMPLEXION W -2L. 49 RACE CODES P A-AS IAWORIENTAL B - BLACK H- HISPANIC 1 -AMERICAN INDIAN O-OTHER W-WHITE E PERSON LAST NAME FIRST MI ADDRESS R SO CODE HOME PHONE BUSINESS PHONE OCCUPATION N 1 -1 S RACE SEX DOB AGiE HGT WGT EYES HAIR COMPLEXION PERSON LAST NAME FIRST MI ADDRESS CODE HOME PHONE BUSINESS PHONE OCCUPATION RACE SEX DOB AGE HOT YABi EVES HAIR COMPLEXION NarraBVe: (PrYe a Type Only) 12 r S W C.tl, h t,.-.l G r-, L-- r r` a + kut l< r G sZ JLst o k a w W r~cY" t..lBU' ~l r i.v PDTS-1A SUPPLEMENTARY SouthOW Ttimt Most Dopey MOM naps! PWO G _ ` I• r PeccnM:, Near V 6 11958 INCIDENT', REPORT ' ''Ne'" o 316-785^2800 Page Of Pages t", Narrative: (Print or Type Only) V%- aLIZ, e, Cam' o~ 9`3'9/ rr ~a%z L e- Q ~ i1 b" ~Pt la0 e vt~~ ur a Signature of Investigating Officer i Name: last 2 First 3 Rank: 14Date?77 1,13 I sTime oa/~, Hrs. R FOR OFFICE USE ONLY E INCIDENT A - Under Inv: F - Rat. to Chiefs Office K - Report to be Resubmitted ? PO STATUS 0 - Cleared by Inv. G - Rot. to Chief of Operations Reason: K T CODE C - Cleared by Arrest H - Ref. to Traffic Div. D - File I - Ref. to Dot. Div. L - Other S E - Incident Unfounded J - Ref. to Youth Div. T A T Status Code Revie ' 1f' or Date Forward Copy to: U 2 3 4 S Si ature ank Time ~ Hrs. PD7S-2A 4, . _ . ~ A w i_.o.I -NUMBER faCIENTREPORT REPORTED DATE MRS . - y of"7 " Southold down POIPa OepertmeM viTYNUMBER Raft 25 OCCURRED PIKonlo. N m Y.xk 11958 51/•76146110 FROM - - - - -HA cDESCRPTI N 1 / TO MRS coca ^ CASE PE - p CRIMINAL CASE . _ _ _ q y _ iA . 'f?;_• j0TONCRIMINAL DESK OFFICER m RECEIVED - - CALL FOR SERVICE - / - PATROL OEFIGER . - N 1 _ ? OFFICER INIT'ATEQ - Pf. sE-__~_'~ _-iyLLV•C' ? COUNTERAEPORT m 33 L un ncNTl~nON _ . TYPE_.._ _ 5 (/L Z(w,~ ~c f~~Llc I.P.Ci/ MT. 01q SECTOR A NBR STPEET NAME 1 T ? BLOCK COMMERCIAL BLDG. ? PUBLIC BLDG. ? SCHOOL ? COUNTRY CLUB/GROUNOS ? INTERSECTION ? INOUSTRIALBIDO. ? PUBLIC PARK ? BANK ? OTHER N ? PRIVATE HOME ? MULTI DWELLING ? PARKING LOT ?-CHURCH ncemu uvnI VEMENT CODES C. COMPLAINANT F-FINDER M•MISSINGPERSON R•REPORTING PERSON V•VICTIM 9-SUSPECT W-WITNESS D - DRIVER REOJAIOW O.OVMER E. EMPLOYEE J. JUVENILE P-POLICE OFFICEfl U•UNKNOYM Z-OTHER PERSO LAST NAME FIRST MI ADDPESS / Kveart fGICf L,4. ~tnl rf • t.~ BUSINESS PHONE OCCUPATION c E HOME PHONE qq . RACE SEX DOB AGE HOT WGT EYES HAIR COMPLEXION W y?1 1 HAQE~DE9 a. BLACK H-HISPANIC I-AMERICAN INDIAN O.OTHER WWHI P A-ASIANORIENTAL C PERSON LAST NAME FIRST MI ADDRESS R S BUSINESS PHONE OCCUPATION CODE HOME PHONE S RACE SEX DOB ACE HOT WGT EYES HAIR COMPLEXION PERSON LAST NAME FIRST MI ADDRESS CODE HOME PHONE BUSINESS PHONE OCCURATION RACE SEX Doe AGE HOT WGT EYES HAIq COMPLEXION NarraBve: (Prim m ryPS ONA / ~L ! L /tC T fiq ~ III./r ~L.Gi?L 4 T 0- 01v C DCR /1"j iA/ 1+XA/VI A AL f c~ / 42, 6 /e,a H f ~e. T A,+h.IJ 'Man / ~a nom- _ i POTS-1A • • INCIDENT REPORT REPCATE ° HAS Southold Town Police Department -LAITY NUMBER Route 25 OCCURRED Peca York 1(958 \ qc . - 518-IO -X85-2fi00 FROM ~1 - 12ion HAS ED RPTION 31 \G C M TO HRS --SS COO A C rPE ?CRIMINAL CASE - _ UL NON CRIMINAL CESK OFFK:ER Gil, W RECEIVED - - m ti,,....en ,-t.R"CE P OFFICER P PAG ? COUNTER REPORT - a IHT`IR !R LOCATION C C~,ti C,~, Cw t3 L ~Ye A NSR STRE E TYPE OIR APT- SECTOR T ? BLOCK ? COMMERCIAL SLOG. ? PUBLIC BLOM ? SCHOOL ? COUNTRY CLUWGROUNOS 1 ? INTERSECTION O INOIJSTRIALSLDG. ? PUBLICPARK ? BANK ? OTHER t N ? PRIVATE HOME ? MULTI DWELLING ? PARKING LOT ? CHURCH PERSON INVOLVEMENT CODES C-COMPLAINANT F-FINDER M - MISSING PERSON R- REPORTING PERSON V - VICTIM D-DRIVER 1-INJURED I AIDED O-OWNER S-SUSPECT W-WITNESS a-EMPLOYEE 4. JUVENILE P-POLbCEOFFICER U•UNKNONM Z-OTHER PERSON LAST NAME P T ADDRESS G co Z~ 0AMI r CODE HOME PHONE BUSINESS PHONE OCCUPATION RACE SEX 008 AGE HOT WGi EYES HAIR COMPLEXION RACECOOES P A-ASIANIORIENTAL 8-BUCK H•HISPANIC 1• AMERICAN INDIAN O-OTHER W•YMITE E PERSON LASTNAME FIRST MI ADDRESS R S O CODE HOME PHONE BUSINESS PHONE CCCUPATON N S RACE SE% OOB AGE HOT wGT EYES HAIR COMPLEXION PERSON LASTNAME FIRST MI ADDRESS LOGE HOME PHONE BUSINESS PHONE OCCUPATION RACE SEX 008 AGE MGT YIOT EYES HAIR COMPLEXION Nwr ova: (Print m Type Only) ~J ci rti/~ ASR Q. r~ AT 1 ?tISL\ -~G N-7KI0, l P~ ~`.-PaSZ,cv~. GO , C1~2..c~~C ~D ~~E~ ~JLI.P 1 N Co pr~~ ~ 7Y•, ~ ~ r VEPR: CE A2 ~1 ao2 s? b ~rLY2.L.~ ry A 0 c P+~ ~EZm Qk ct-a We.~rT~fZ. ~Ze.E7Aa . POMIA ONCIOENT REPORT REPORTED / - q F 18~i1' HAS DATE Southold Town Police Department %CTNITYNUMBER - Acute 2S OCCURRED ry, - Peoonk• New Yoh 11958 51&7W2E00 ...FROM.. _ HRS. •Fj.O~ 017 . - _ ;tt53 CODE. CASE PE - pCRIMINAL CASE - - TO HRS NONCRIMINAL DESK OFFICER y OW REOEIVED (a ITS H CALLFORSERNCE PATROL OFF _ - Z O OFFICER INITIATED PAGE ?F to _ CCCIr_q o~ao. m L tur IOENT LOGATON n- a ~~SS . z~' ~ZLLTri. / ~2Qn C C „bS tTU l A NSR STREETNAME/ pE DIR APT- SECTOR T ? BLOCK 91 COMMERCIALBLOO. ? PUBLIC 8L00- ? SCHOOL ? COUNTRY CLURIGROUN09 Ilk ce y I ? INTERSECTION O INOUSTRIALSLOG- ? PUSUCPARK C! BANK ? OTHER N ? PRIVATE I/OME ? MULTI DWELLING ? PARKING LOT ? CHURCH PERSON INVOLVEMENT CODES C-COMPLUNANT F - FINDER M- MISSING PERSON R- REPORTING PERSON V-VICTIM O-DRIVER 1-INJURED/AIDED O.OWNER S-SUSPECT W-WITNESS E-EMPLOYEE J - JUVENILE P -POLICE OFFICER U-UNKNOWN Z-OTHER ER ON ) Tf AME FIRST MI ADDRESS P L ~K ~t e/er ~ans rrrc l7r ~La a n. es cooE HOME PHONE BUSINESS PHONE OCCUPATION 0 -7 3073 aga- Id es wn« o p a,- C. RACE SEX DOB AGE HGT 'NOT EYES HAIR COMPLEXION 3a- h/ M l c - c 7, RACECODES P A-ASAWORIENTAL B-BLACK H - HISPANIC - 1-AM EWCAN INDIAN 0.0114ER W-WHITE E PERSON LAST NAME FIRST MI ADDRESS R Q CODE HOME PHONE BUSINESS PHONE OCCUPATION N $ RACE SEX DOB AGE HGT WGT EYES HAIR COMPLEXION PERSON LASTNAME FIRST MI ADDRESS CODE HOME PHONE BUSINESS PHONE OCCUPATION RACE SEX DOB AGE HOT WOT EYES HAIR COMPLEXION Narradyw. (Prim w Type Only) ACe/ald Ci. ej/,9r/n C411 VoI (e gZr?G ,r/.T~a C'/46 reS~o.•a~cc/ C1,vj ~ae, c/ y~G~ q.y em o jee- .2c; 8. V4 be "J Aeaf 4 p,/e-gO a/w~.. . j2 - AclyKc! m?,. er Per oy s,rk..- div... - POTS-1A _ aMBER 3 90 •IDENTREPORT RE`DATE0 Has Southold Town Pollce Department :ITV n MSE Route 2S OCCURRED Pwmt-, New Yak 11958 - - S16-785.2500 FROM Hall FIFTION dam/ If O~/ TO HRS ;y 000E . O~ CASE PE - (3 CRIMINAL CASE - ' OFFICER > 13-5& CRIMINAL m e AECEIV O-CAL FOR SERVICE SI/. OFFICER / rPA O OFFICER INITIATED PAGE--/-OF - cR'n-ePCr~ m 02 9 ,INCIncNT LOQATION p -4~~ ~'~e .pas G T K 44 CT NBR STREET NAME TYPE ~ - APT. SECTOR I ? BLOCK MMERCIAL SLOG. O PUBLIC SLDO. ? SCHOCL ? COUNTRY CLUSIGROUNOS I ? INTERSECTION ? INDUSTRIAL BLDG. ? PUBLIC PARK ? BANK ? OTHER 7 ? PRIVATE HOME ? MULTI DWELLING O PARKING LOT ? CHURCH PERSON INVOLVEMENT CODES ~O T C. COMPLAINANT F - FINDER M- MISSING PERSON R- REPORTING PERSON W.WIWTN D•DRIVER 1-INJURED r ACED O-OWNER S-SUSPECT ESS E•EMPLOYEE J•JUVENILE P-POUCEOFFICER U-UNKNOWN L-OTHER PER O140 NAME FIRST MI ADOPESS CODE PHCNBUSINESS PHONE 11 SEX 008 AGE HGT WGT EYES HAIR COMPLEXION RAC CODES p A-ASLANIORIENTAL B - BLACK H-HISPANIC I-AMERICAN INDIAN O-OTHER W-WHITE E PERSON LASTNAME FIRST MI ADDRESS A Q CODE HOME PHONE BUSINESS PHONE OCCUPATION $ PUCE SEX OOB AGE HOT 'NOT EVES HAIR COMPLEXION PERSON LAST NAME FIRST MI ADDRESS' CODE HOME PHONE BUSINESS PHONE OCCUPATION RACE SEX DOB I AGE HOT WGT EYES HAIR COMPLEXION Nwratlve: (Pant a Type OmD fIr/n. %vssT T a ~ ,4~.4 (Yn N r) d J ' S fi r~~~ d /JC~ POTS-1A NUMBER % INCIDENT REPORT REPORTED DATE MRS . Southold Town Police D"ai tmerlt v+7VNUMBER Rate 2S OCCURRED . Pe fc, N" Yak 11958 SI&ISS-2800 FROM MRS -DESCRWTK]N _ / r I I TO MRS S CODE A CASE PE ?CRIMINAL CASE rL?[~ DESK OFFK:ER -IJr"IVL7N CRIMINAL ~ RECEI m ALLFOR SERVICE PAT OFFICER rl OFFICER,NmATEO_ PAGEOFZ • D. GCJ m ? COUNTER REPORT .3m wCIOENT LOCATION ~ Air! ~O1 (9 rp NBR STREET NAME CIA APT. SECTOR _1~ T ? BLOCK COMMERCIAL SLOG. C3 PUSUCSLDQ ? SCHOOL ? COUNTRY CLUWF40UNCS I ? INTERSECTION ? INDUSTRIAL BLDG. ? PUBLIC PARK ? BANK ? OTHER ? PRIVATE HOME ? MULTI DWELLING ? PARKING LOT ? CHURCH W PERSON INVOLVEMENTCOOES C-COMPLAINANT F-FINGER M-SIISSINGPERSON R- REPORTING PERSON V•VK;PM D - DRIVER I-INJUREDIACEO O-OWNER S-SUSPECT W-WITNESS E-EMPLOYEE J - JUVENILE P •POUCE OFFICER U-UNKNOWN Z-OTHER PER ON LASTNAME FIRST MI ADDRESS Q >J C 7-1 To2+) U/1 CODE F'iOMEPHONE BUSINESS PHONE OCCUPATION MCE SE% COB AGE MGT WGT EYES HAIR COMPLEX W. WHITE RACE CODES O.OTHER p A-ASIANKRIENTAL B-BLACK H-HISPANIC 1-AMERICANINDIAN PERSON LAST NAME FIRST MI ADDRESS t~ S OCCUPATION O CODE HOME PHONE BUSINESS PHONE PACE SE% 008 AGE HGT WGT EYES HAIR COMPLEXION PERSON LAST NAME FIRST MI ADDRESS CODE HOMEPHONE BUSINESS PHONE OCCUPATION RACE I SEX DOB AGE MGT WOT EYES HAIR COMPLEXION Narrative: (Print or Type Only) T vv~, 72 a,417'-' 1,4 ~rYr - e4 e d. /s Ole s ,C Ar 12, Z4; 7 '47j, APPEALS BOARD MEMBERS ~o~~gUFFO(,~ co h Gy Southold Town Hall Gerard P. Goehringer, Chairman o s 53095 Main Road Serge Doyen, Jr. co x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y?J~l Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 19, 1995 TO: Mr. Kenneth Coudrey and LKC Corp. , 450 William Floyd Parkway Shirley, NY 11967 Mr. James Lebkuecker Jasta, Inc. (Ocean City) P.O. Box 843 Jamesport, NY 11947-0843 Re: Appl. No. 4246 - Special Exception for Sports Bar (Ocean City) Gentlemen: As a follow-up to our May 11, 1995 letter, please find enclosed a copy of the Legal Notice for publication by our office. You will note that the public hearing on this project will be held on Wednesday, June 7, 1995 at the Southold Town Hall at 8:15 p.m., or as soon thereafter as is possible. Attendance in your behalf will be necessary. Also, you will find enclosed: 1. a Poster Notice which must be placed on the front of the building where it can be easily seen from the road. The poster must be conspicuously located at this time. Please complete the attached Confirmation of Posting, sign and return it to our office either by mail or hand delivery for our update and permanent file. 2. a copy of communications received from the Town's Inspector relative to the Special Exception conditions. Please be sure that someone will appear in your behalf at the June 7th hearing, and if you have any questions, please call our office. Very truly yours, Linda Kowalski, Secretary Board of Appeals Enclosures APPEALS BOARD MEMBERS ~O~OgUFFO(,) ~,O p Southold Town Hall Gerard E Goehringer, Chairman c y` 53095 Main Road Serge Doyen, Jr. cc x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 11, 1995 To: Mr. Kenneth Coudrey 450 William Floyd Parkway Shirley, NY 11967 Mr. James Lebkuecker Jasta, Inc. P.O. Box 843 Jamesport, NY 11947-0843 LKC Corp. 450 William Floyd Parkway Shirley, NY 11967 Re: Appl. No. 4246 - Special Exception for Sports Bar (Ocean City) Gentlemen: You may recall that the use of your premises at 6955 Main Road, Mattituck, is subject to a follow-up public hearing and review within the next several weeks. Previously, it was brought to the Town's attention that there have been numerous complaints about the parking, egress and ingress to the site, and excessive occupancy. It is expected that a public hearing will be advertised and held, tentatively for June 7, 1995. You may contact our office at any time if you have questions. Very truly yours / GERARD P. GOEHRINGER CHAIRMAN s cc: Building Department P.S. Attached is a copy of a letter addressed to the Building Department from the easterly neighbor. k PUREWATER MAY 15! DIV. OF KREIGER WELL & PUMP CORP. BOX 101 - MAIN ROAD MATTITUCK, NEW YORK 11952 PHONE (516) 298-4141 • FAX (516) 298-4426 BUILDING DEPARTMENT MAY 12, 1995 SOUTHOLD TOWN NEW YORK RE: ABUSE OF PARKING TO WHOM IT MAY CONCERN: WE HAVE AN ONGOING PROBLEM HERE AT KREIGER WELL & PUMP CORP. LAST YEAR A NEW BUSINESS SPRANG UP AT THE LOT TO THE WEST OF US. THIS BUSINESS IS CALLED OCEAN CITY. IT SEEMS THEY HAVE QUITE A CROWD AT NIGHT. THE PARKING AVAILABLE AT THE OCEAN CITY SITE IS INSUFFICIENT. PEOPLE HAVE BEEN USING ALL OF THE NEARBY BUSINESSES TO PARK. WE'VE EVEN PUT UP PARKING BARRIERS IN FRONT OF THE OFFICE ONLY TO FIND THEM TAKEN DOWN THE NEXT MORNING. ALONG WITH THAT PROBLEM, WE HAVE TO POLICE THE AREA FOR BEER BOTTLES & CANS, FOOD WRAPPERS, PAPER BAGS, BROKEN GLASS, ETC. AFTER EVERY EVENING SESSION THEY HOLD. A SECONDARY PROBLEM HAS US CONCERNED. SOMEONE HAS PUT UP A NYNEX PAY PHONE RIGHT ON THE EDGE OF OUR PROPERTY, ACTUALLY ON THE ADJACENT PROPERTY ABOUT A FOOT FROM OUR PROPERTY LINE. EVERYONE IS USING OUR PARKING LOT TO PARK WHILE USING THE PHONE. THIS INCLUDES TRAVELERS, BUSINESS PERSONS, TRUCK DRIVERS, DELIVERY PEOPLE AND SOME QUESTIONABLE CHARACTERS. THERE HAVE BEEN T00 MANY INCIDENTS WHERE WE COULDN'T LEAVE THROUGH OUR GATE BECAUSE OF CARS USING OUR LOT TO PARK WHILE MAKING A PHONE CALL. LARGE SEMI-TRAILERS HAVE PARKED IN FRONT BLOCKING THE WHOLE DRIVEWAY. WHEN WE GET DELIVERY TRUCKS TO DROP OFF MERCHANDISE, THEY CAN'T BACK IN OR PULL OUT BECAUSE OF WHAT I WOULD CALL ILLEGAL USE OF OUR PROPERTY TO PARK. WE'VE HAD ONE INCIDENT WHERE A TRUCK COULDN'T CONTINUE TO BACK UP TO OUR GATE AND A CAR COMING FROM THE WEST HAD TO SLAM ON THEIR BRAKES TO AVOID A COLLISION. THE FIRST PROBLEM SHOULDN'T EVEN EXIST BECAUSE OF LACK OF PARKING AT THEIR SITE. THE BUSINESS SHOULDN'T BE ALLOWED TO EXIST IF THERE. ISN'T PROPER PARKING. THE PEOPLE WHO OWN OR RUN OCEAN CITY APPROACHED US BEFORE THEY OPENED. THEY WANTED OUR OK TO USE OUR PARKING LOT. WE SAID NO. THE SECOND PROBLEM IS THE STRAW THAT BROKE THE CAMELS BACK. NOW WE HAVE PROBLEMS IN THE DAY AS WELL AS THE NIGHT. WE ASK YOU TO PLEASE LOOK INTO THIS PROBLEM AND GET BACK TO US. AS A LONG STANDING BUSINESS IN THE COMMUNITY WE FEEL WE HAVE THE RIGHT TO OBJECT TO THE ABOVE. SINCERELY, _e'~ TOM DEMOPOULOS MANAGER-PUREWATER DIV. KREIGER WELL & PUMP niz. 2 Is9ai. ? i t~ , ~ r~1,;r - JUN 2 PLANNING BOARD MEMBERS udMain Road Richard G. Ward, Chairman P. O. Box 1179 George Ritchie Latham, Jr. Southold, New York 11971 Bennett Orlowski, Jr. n~ - y y Fax (516) 765-3136 Mark S. McDonald Telephone (516) 765-1938 Kenneth L. Edwards PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 21, 1994 James Lebkueeher q S ocean city Club ).5rT P. O. Box 843 1~~8 Jarnesport, NY 11947 a RE: Site Plan for Jasta, Inc. Formerly RAZ-MA-TAZ Route 25, Mattituck Zoning District: General Business (B) SCTM# 1000-122-6-36 Dear Mr. Lebkuecher: This letter will confirm our discussions at the Board's work session of June 20, 1994. Handicapped ramp will be constructed at the front entrance. Curbing to be placed at the east side of the entrance and parking lot. Sign to be reduced in size as per Building Department request. If you have any questions, or require further information, please contact this office. e e o rt G. Kassner Site Plan Reviewer cc: Thomas Fisher, Senior Building Inspector in Charge Berard P. Goehringer, Chairman, Board of Appeals STATE OF NEW YORK ) s8.: COUNTY OF SDFFOLK) GARY COUDREY, being duly sworn deposes and says: 1. I reside at 450 William Floyd Parkway, Shirley, new York i 11967. 2. I am the Secretary of LRC Corporation and Renneth Coudrey G. is the President of said corporation. 3. At no time have I every been employed or associated with t the Town of Southold. f Y GARY COUDRSY, SECRETARY Sworn to before me this day of May, 1994. 4ta ubl c F pKEDEERICK Q MM VDTART MMI6, $ k of N" Ysk 31 ~MWY 05-06-1994 10:59AM FROM FREDERICK C MEYER TO 7651823 P.01 PHONE (416) 728.8775 • i i FREDERICK C. MEYER ATTORNEY AT LAW l 10 SAGAMORE ROAD SHINNECOCK HILLS. N.Y.11946 I r FACSIMILE COVER LETTER F. DATED 5/6/94 TRANSMISSION CONSISTS OF AN ADDITIONAL 2 PAGES. I r d-fowl T0: NAME I. COMPANY r LKC Corp. 6955 Main Road, Laureltoa, NY i RE: Zoning Board for Ocean City Project I I I i CONFIDENTIALITY NOTE: The documents accompanying this telecopy transmission contain information from the law firm of Frederick C. Meyer, Esq. which is confidential and/or legally privileged and/or exempt from disclosure under applicable law. The information is intended only for the use of the individual or entity named on this transmission sheet. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited, and that the documents should be returned to this firm immediately. If you have received this telecopy in error, please notify us by telephone immediately so that we can arrange for the return of the documents to us at no cost to you. APPEALS BOARD MEMBERS h~o~~$gFFO(,~COGy Southold Town Hall Gerard P. Goehringer, Chairman o° 53095 Main Road Serge Doyen, Jr. ~x P.O. Box 1179 James Dinizio, Jr. O .F Southold, New York 11971 Robert A. Villa y?~0 a0~ Fax (516) 765-1823 Lydia A. Tortora 1 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 19, 1995 Div. of Kreiger Well & Pump Corp. Box 101 - Main Road Mattituck, NY 11952 Re: Special Exception Conditions - LKC Corp. (Ocean City) Gentlemen: Please note that the public hearing concerning the conditions adopted under the 1994 Special Exception permit has been c:alendared for Wednesday, June 7, 1995 by the Board of Appeals to be held at the Southold Town Hall at 8:15 p.m., or as soon thereafter as may be possible. It is suggested that you or your attorney attend if you have questions or concerns about this use. Thank you. Very truly yours, Linda Kowalski Enclosure (copy of Legal Notice) APPEALS BOARD MEMBERS ~o~~SUFFO(,~co p Southold Town Hall Gerard P. Goehringer, Chairman o y< 53095 Main Road Serge Doyen, Jr. CO* x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y~IJ01 ~.DO~ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 19, 1995 i Mr. Joseph Crenshaw Box 1446 - Main Road Mattituck, NY 11952 Re: Public Hearing - LKC Corp. (Ocean City) Dear Mr. Crenshaw: Please note that the public hearing concerning the conditions adopted under the 1994 Special Exception permit has been calendared for Wednesday, June 7, 1995 by the Board of Appeals to be held at the Southold Town Hall at 8:15 p.m., or as soon thereafter as may be possible. You should feel to review the file, attend the hearing or contact us if you have questions or concerns about the use under this permit. Thank you. Very truly yours, Linda Kowalski Enclosure (copy of Legal Notice) spin II, .,y. It.). 6: p.m.AR ApplBA. No. 4314 - STATE OF~EW YORK) RA MILLER, ) SS: &B `I»ri' ( Venam Owner. Paradise d 'Others). This COUNTY OF SUFFOtX ) d'poi7'tkd March ,by 9b6deddf f l1Ulboval issued, ,by the he BUllding ihadaetof,wherein 1 J u 47~/ LI,ILIL~ of Mattituck, Applicards ca le e a a e new w single-family mily eass'TNOTICE OF pem'ftf(d loca In said County, being duly sworn seYa that he/she is PUBLIC HEARINGS dwelling, disapproved on the follow. Principal Clerk of THE SUFFOLK TIMES, a Weekly NOTICE IS.HEREBY.OIVEN,Ing gr6Uitds pursuant to Section 267 of the Town ' '1110aieel of 1.79 "acres is Newspaper, published at Mattituck, In the Town of Law and the Code 'of the Town of tbt Ahdw6 on the Map tit Paradise Southold, County of Suffolk and State of New York, Southold, that the following public Polk; Section One, as a building hearings will be, held by the 'l lot; Secdodlot) 3184-1 : Single and and that the Notice of which the annexed Is a SOUTHOLD TOWN BOARD OF "l-separate search tequired back to APPEALS;at the Southold Town Halt r'' 1951 Primed copy, has been regularly published In said 53095 Main98ad'Southold New ` Appi iiltequiredbyBoardof Newspaper once each week for weeks York I1911';.`8I WEDNESDAY, Appeals to build single.,family JUNE 1;i15tl)8 ohTWilcing at the 4 4 dwelllgg is a second Use bit this successively, commazNIng on the (Q day of tim. 7:3Brd.' oefI*, & - a qita Btl 1.191fiere parcel. 1-80 Zone J 19 Lic~ 1:3tl p:mA~1'vN6°l,~310 uirel s . fl. of IaW eri)i DONALD'ALDRICI1,1,1 iia H a re Yptf%m (6Y16tl;b00 0 N. Article Itlt. queer, based sa the Ajrii) 13, 1995 'ASeetloe 100-304 Notice of eapp14 hINi M A by the 3 Aof Aorl is tequired from /Itn+ f~ Building Inspector, id'wM applicant " Bbard of Appeals under Article. ~n is requesting a building pehnit for a `4XXHI Secdod 100-239.48 for to CHRISTINA VOLINSKI deck did litioa "es bUi(4" disapproved cation of dwielling with decks at less Notary Public, State of New York od the fBUotlsing gtaub& ^liiSUfacient than 75 feel front the existing bulk- No. 5004884 Principal Clerk test yard'tetback' (tit Ankle IIIA 6410baW ' pUalified in Suffolk County ,e I Sectlol)'1 - tl 3 it, thF"Loningt,l a '•A 0R`Idai T 4 Illitil to amend Commission Expires Novery4 23 Code) ~ If II! 1620 ~t eb'11 epPMpiov ed by the Ca HiawafhWPAlk Southold, NY; Parcel " P1am0hg Sdard for Paradise Point, ID No IM0.78-343 2 F'"°`+ x Seadtla Ohl pertaining to 'Future.. 2 1:35 gm: -Appl r3+i9J313 ExlaUlton'bf Hasid Redd and use Notary Public JEAN Cr`?'- HOLLANb4LONG- tit IhH jiatsel Ili a building lot. Ch. NECKERA' isd E, kiRk-HOL-' o_`I000dndCh:'i08..:' LAND. This ippil6fiften is bailed upon 0 J&l ldN 61 P?3perty: S80 Basin Road, Sworn t e re me this the May 5, 1995 Notice of bHapprdval r-Southold; Paradise Point Section One, issued by the 1iU11ding Inspector, 'Filed Mad No. 3761 Bled Apri l 11, day -i 1 wherein applicant is fepuesting a .r 1001. also known as 1000.81-1-16.7 building permit lot an accessory gal- ° (foft&ly past of 16.4). bo (as exists), disapproved on the foi-- 9! IS p.m. Appi. No. SE4246 - lowing groendsi'Vadance'under the 'i'LkC' CORP. (0196 fefefred to as zoning. Ordinance, Article III-A, Ocean Cify of Jasta, Inc.) This hear- Section 100.30A.4 "Accessory build- 'ing I-puteudut to resolutions of the ings, 100-53 shall be located in the 1111 6f Appeals adopted on June 13, required rdA?`j•atd." she'-subject f"1904'ind 66 MAy'15; 1995 to calendar premises c6ataitia d lotArid of cep ' Ifid ('kdnder'the We and operation of Proximately 64525 14. It. (which in= °-Ihd establishment known as "Ocean codes the low land aeMbn). This prop- :City" and pursuant to Condition No. 6 erty was In 1989 zoned R-40 Low- "of ZBA•Decision rendered June 13, Density Residential `Property " 1994 I$ Which 6 Special Exception use Location: Convii of bp&hea Avenue "`WIII exjlire-on July 31, 1995 for said and Ossew Avenue; Sbuthold,'.NYf 4"'dAnkinf establishment and for which County Tax map ~ID'No., 1000-87-3-- "''said Special Exception is listed as an 24. i -E"'- 'g'alloivable use under the provisions of 3 7:40 P.m -AitplNo. 4313 - the ZoningC6de at Article XI, Section ROYAL SCHOENHAAR:. This -100.10111; Willi t In specific condi- application Ia 64W dpen'the May 10 ?`Ilona And-N411 red 108, pertaining 1995 NdttEe of bl"Of tail Issued by ''thctelS." rWPF8lllW is known as the Building Inspector, wherein appli-6955 Main Road, Laurel (near the cant is requesting it building permit for `4PIRAW416fibl' R ay-AVBhue, Old Main accessory shed in side yard area as "'Rbkd, add Maid Road, Minitrack), and - exists, disapproved on the following ""if hicaied W A4 B dentist Business grounds: °Atdcie III, Section 100-33 "'ZoOe District Property ID No. 1000- requires accessory itrdctures to be 44122-6-26.'~ - located in the tequired rear yard." " ' The Board of Appeals will at said Location of Property: 64300 Main ""Jiin6"acid place heat"ally and all per- Road, Greenpoft, NY County Tax naorn'bP kpresehtativep desiring to be Map ID No. 1000-564-2; heafd lit the above Matters. Written 4 7:45 p.m 'A0 1. No 4311 . ',s"trimtlenb they AIMbeaubmitted prior ANDREAS VASSILIOUS. This " "'l to the Bdmosidii or ilia subject hear- application is bum upon the Ap *129. ""Sing. Eich hearing will hot star before 1995 Notice of Disapproval issued by the Mmes designated 'above. If you the Building Inspector, wherein appli-wlaF to review the files or need to cant is requesting 6 building permit for i°""request itidre Information, please do pool with deck as an accessory strut- "s hot hesitate 16 call 765-1809 or ,visit lure in anarea other than the required z`1 our 6111". rear yard pursuant to Article ILIA, Dated: May 18, 1995. E Section 100-30A.4 of the Zoning - ^ BY ORDER OF THE SOUTHOLD Code. Property Location: 585 Inlet TOWN BOARD OF APPEALS Drive and Summit Drive, Mattituck, GERARD R GOEHRINGER NY; Cpl. Kidd Estates Lot No 87-'r"-; ' - CHAIRMAN County ID No. 1000-106.2-1 Thej` By Linda Kowalski subject premises has a nonconforming "t 5342-ITMy25` lot area of 25,ODOt sq. R. and is local- ed in the R-40 Residential Zone District. --5i'-7:55 `p:m!kApjillaNd"a3T5 JOAN and STEPHEN LATHAM. This application' is based upon the''. May 9, 199S Notice or Disapproval - issued by the Building Inspector,' wherein applicant is requesting a vari- ance to amend building permit a22491Z issued April 17; 1995 for the modified location of it new single-fam- ily dwelling: as built and shown on survey updated May 12;1995, which has a reduced fronl'yard setback and reduced southerly side yard setback on this comer lot. Property Location: 60 Rogers Road and Orchard Road, also shown as Lots 2 & 3 as combined on the Map of Beixedon Estates, Southold; NY; County ID No. 1000• 66-2-18 & 19 (total lot area containing APPEALS BOARD MEMBERS 9 h~o~~gUFFO(~ cOGy Southold Town Hal] Gerard P. Goehringer, Chairman o= c 53095 Main Road Serge Doyen, Jr. 00 x P.O. Box 1179 James Dinizio, Jr. ~O .te Southold, New York 11971 Robert A. Villa 'y~IJ O~ Fax (516) 765-1823 Lydia A. Tortora OI ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JUNE 7, 1995, commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4310 - DONALD ALDRICH. This is a request, based upon the April 13, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant is requesting a building permit for a deck addition "as built," disapproved on the following grounds: "insufficient rear yard setback," (ref. Article IIIA, Section 100-30A.3" of the Zoning Code). Property Location: 1620 Hiawathas Path, Southold, NY; Parcel ID No. 1000-78-3-43.2. 2. 7:35 p.m. Appl. No. 4312 - JEAN C. HOLLAND-LONGNECKER AND E. KIRK HOLLAND. This application is based upon the May 5, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a building permit for an accessory' gazebo (as exists), disapproved on the following grounds: Variance under the Zoning Ordinance, Article 111-A, Section 100-30A.4 "Accessory buildings, 100-33 Page 2 - Legal Notip Regular Meeting of June 7, 1995 Southold Town Board of Appeals shall be located in the required rear yard." The subject premises contains a lot area of approximately 61,525 sq. ft. (which includes the low land section). This property was in 1989 zoned R-40 Low-Density Residential. Property Location: Corner of Opechee Avenue and Osseo a Avenue, Southold, NY; County Tax Map ID No. 1990-87-3-24. 3. 7:40 p.m. Appl. No. 4313 - ROY SCHOENHAAR. This application is based upon the May 10, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a building permit for accessory shed i r? side yard area as exists, disapproved on the following grounds: "Article III, Section 100-33 requires accessory structures to be located in the required rear yard." Location of Property: 64300 Main Road, Greenport, NY; County Tax Map ID No. 1000-56-7-2. 4. 7:45 p.m. Appl. No. 4311 - ANDREAS VASSILiOUS. This application is based upon the April 29, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a building permit for pool with deck as an accessory structure in an area other than the required rear yard pursuant to Article IIIA, Section 100-30A.4 of the Zoning Code. Property Location: 585 Inlet Drive and Summit Drive, Mattituck, NY; Cpt. Kidd Estates Lot No. 87; County ID No. 1000-106-2-1. The subject premises has a nonconforming lot area of 25,000+- sq. ft. and is located in the R-40 Residential "Lone District. Page 3 - Legal Notice • Regular Meeting of June 7, 1995 Southold Town Board of Appeals 5. 7:55 p.m. Appl. No. 4315 - JOAN AND STEPHEN LATHAM. This application is based upon the May 9, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a variance to amend building permit #22491Z issued April 17, 1995 for the modified i location of a new single-family dwelling, as built, and shown on survey updated May 12, 1995, which has a reduced front yard setback and reduced southerly side yard setback on this coriier lot. Property Location: 60 Rogers Road and Orchard Road, also shown as Lots 2 & 3 as combined on the Map of Beixedon Estates, Southold, NY; County ID No. 1000-66-2-18 & 19 (total lot area containing approx. 17,000 sq. ft.). 6. 8:00 p.m. Appl. No. 4314 - JAMES AND BARBARA MILLER Contract Vendees (Owner: Paradise of Southold, Inc. and Others). This application is based upon the March 29, 1995 Notice or Disapproval issued by the Building Inspector, wherein applicants are requesting a building permit to locate a new single-family dwelling, disapproved on the following grounds: "1. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957. 2. Approval required by Board of Appeals to build single-family dwelling as a second use on this 1.79-acre parcel. R-80 Zone requires 80,000 sq. ft. of land area per use (or 160,000 sq. ft.), Article III, Section 100-30A. Page 4 - Legal Notiffil Regular Meeting of June 7, 1995 Southold Town Board of Appeals 3. Approval is required from Board of Appeals under Article XXIII, Section 100-239.4B for location of dwelling with decks at less than 75 feet from the existing bulkhead; 4. Approval required to amend Filed Map as approved by the ' Planning Board for Paradise Point, Section One, pertaining to 'Future Extension' of Basin Road and use of this parcel as a building lot. Ch. 100 and Ch. 108... Location of Property: 580 Basin Road, Southold, Paradise Point Section One, Filed Map No. 3761 filed April 11, 1963; also known as 1000-81-1-16.7 (formerly part of 16.4). 7. 8:15 p.m. Appl. No. 5E-4246 - LKC CORP. (also referred to as Ocean City or Jasta, Inc.) This hearing is pursuant to resolutions of the Board of Appeals adopted on June 13, 1994 and on May 15, 1995 to calendar and consider the use and operation of the establishment known as "Ocean City" and pursuant to Condition No. 6 of ZBA Decision rendered June 13, 1994 in which a Special Exception use will expire on July 31, 1995 for said drinking establishment and for which said Special Exception is listed as an allowable use under the provisions of' the Zoning Code at Article XI, Section 100-101B, subject to specific conditions and requirements pertaining thereto. The premises is known as 6955 Main Road, Laurel (near the intersection of Bray Avenue, Old Main Road, and Page 5 - Legal Notict • Regular Meeting of June 7, 1995 Southold Town Board of Appeals Main Road, Mattituck), and is located in the B General Business Zone District. Property ID No. 1000-122-6-26. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to r the conclusion of the subject hearing. Each hearing will not start before the times designated above. cif you wish to review the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: May 18, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x x NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. 1 -V OWNER(S) OF RECORD: JW j<c C 10 (ft 1pe, DATE OF PUBLIC HEARING: NE w7l ~ 15 fvera%ninterest Ul f you in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS TOWN OF SOUTHOLD 9 (516) 765-1809 ! jecC / .COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING June 21, 1994 JUN 2 T 1994 Town of Southold Zoning Board of Appeals Applicant: LKC Corp. Mun. File No.: 4246 SE S.C.P.D. File No.: SD-94-13 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: With the understanding that adequate overflow parking area will be available. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb H. LEE DENNISON BUILDING ¦ VETERANS MEMORIAL HIGHWAY ¦ HAUPPAUGE, NEW YORK 11788 ¦ (516) 853-5192 FAX (516) 853-4044 ~ i c APPEALS BOARD MEMBERS ~c+ < Southold Town Hall Gerard P. Goehringer, Chairman ) r, , 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. jJ~~ Southold, New York 11971 Robert A. Villa~~ Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County Adninistrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Ccmnission: Variance from the Zoning Code, Article Section Variance from Determination of Southold Town Building Inspector XX Special Exception, Article XI Section 100-1018 Special Permit Appeal No: 4246SE Applicant: LKC Corp. Location of Affected Land: 6955 Main Road, Laurel, NY County Tax Map Item No.: 1000- 122-6-36 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX 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 establish (re-establish) a drinking establishment use Copies of Town file and related documents enclosed for your review. Dated: June 16, 1994 r131Y APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman`_ 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villar~t ~?Fax (516) 765-1823 Richard C. Wilton y Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 16, 1994 To: Kenneth Coudrey 450 William Floyd Parkway Shirley, NY 11967 Mr. James Lebkuecker Jasta, Inc. P.O. Box 843 Jamesport, NY 11947 Re: Appl. No. 4246 - Special Exception Gentlemen: Enclosed please find a copy of the findings and determination, with conditions, rendered by the Board of Appeals concerning the above-noted application at our Special Meetingheld on June 13, 1994 (at which you were both present). Please be sure to return to the Building Inspector, Planning Board, and any other agency which may have jurisdiction for issuance of final permits and approvals before occupying the premises for business purposes. We have furnished copies of this approval to the Building Department and Planning Board offices for their update and permanent recordkeeping. Also, we have transmitted a copy of this file to the Suffolk County Department of Planning in accordance with the Suffolk County Administrative Code rules and regulations pertaining to projects located within 500 feet of a State Road or Highway. Once we have received their written response, we will forward a copy to you for your permanent recordkeeping. Very truly yours, Linda Kowalski, Clerk Enclosure Board of Appeals Copies of Decision to: Town Building Department Town Planning Board APPEALS BOARD MEMBERS t qY Southold Town Hall Gerard P. Goehringer, Chairman v 53095 Main Road Serge Doyen, Jr. Y r> P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 16, 1994 To: Kenneth Coudrey 450 William Floyd Parkway Shirley, NY 11967 Mr. James Lebkuecker ` Jasta, Inc. P. 0. Box 843 Jamesport, NY 11947 Re: Appl. No. 4246 - Special Exception Gentlemen: Enclosed please find a copy of the findings and determination, with conditions, rendered by the Board of Appeals concerning the above-noted application at our Special Meeting held on June 13, 1994 (at which you were both present). Please be sure to return to the Building Inspector, Planning. Board, and any other agency which may have jurisdiction for issuance of final permits and approvals before occupying the premises for business purposes. We have furnished copies of this approval to the Building Department and Planning Board offices for their update and permanent recordkeeping. Very truly yours, Linda Kowalski, Clerk Board of Appeals Enclosure Copies of Decision to: Town Building Department Town Planning Board ",4FOLI, APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr.y Southold, New York 11971 Robert A. Villa1 Fax (516) 765-1823 Richard C. Wilton ? y Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION Appl. No. 4246 - LKC CORP. This is a request for a Special Exception to establish (re-establish) a drinking establishing use as listed under Article X1, Section 100-101B of the Zoning Code in an existing principal building. The subject premises is nonconforming with a lot area of approximately one-half acre and 115+- ft. frontage along the north side of the Main Road and is located in the B-General Business Zone District. Property Address: 6955 Main Road, Laurel, NY; County Tax Map No. 1000-122-6-36. WHEREAS, after due notice, a public hearing was held on June 8, 1994, at which time all persons who desired to be heard were heard; and WHEREAS, Article IX, Section 100-1018 specifically allows a "drinking establishment" in this B-General Business Zone District; and WHEREAS, the prior use of the subject building, as exists, was for a drinking establishment known as "The Raz-Ma-Taz" and which was established under the zoning code in effect prior to January 1989 and which did not require a Special Exception or other Zoning Board of Appeals action; and WHEREAS, the Board has considered the general standards listed at Section 100-263 of the zoning code; and determines that: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts; C. That the safety, health, welfare, comfort, convenience or order of the town will not be adversely affected by the proposed use and its location; D. That the use will be in harmony with and promote the general purposes and intent of this chapter (see notations, infra); )Wage 2 - Appl. No. 4246. • Aplication of LKC CORP. Decision Rendered June 13, 1994 E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance; F. That the building in which the proposed use is hereby authorized must be readily accessible for fire and police protection; and WHEREAS, the surrounding area consists of the following uses and business: (a) to the west are a car wash facility, car repair business (Tyler), masonry and landscaping businesses; (b) to the east are Kreiger Well & Pump, a hobby shop with retail sales, a newspaper publishing and distribution center; (c) to the south is the Main Road and to the southeast is a gasoline service station with accessory convenience store, (d) to the north is the L.I. Railroad; WHEREAS, the Board Members in making this determination, have considered subsections A to P, inclusive, of Section 100-264 of the Zoning Code, and finds that additional conditions and safeguards are necessary and are hereby incorporated in this permit as further noted below; NOW, THEREFORE, on motion by Chairman Goehringer, seconded by Member Dinizio, it was DETERMINED, that the within application meets all the standards and use provision of the zoning code; and it was further RESOLVED, to GRANT a Special Exception for the (re-instatement of) use as a drinking establishment pursuant to Article XI, Section 100-1018, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The owner and/or operator of this proposed establishment shall provide parking attendants during high-occupancy hours (especially for evening events) in order to direct vehicles for appropriate parking on this parcel and to the adjoining Crenshaw parcel to the west, and with all efforts shall be taken in avoiding hazardous or unsafe conditions to the customers, the traveling public, and adjoining property owners in the area; 2. This Special Permit is based upon the maximum occupancy of 75 persons total at these premises at any one time. Any increase in this maximum-permitted occupancy (established by the Suffolk County Department of Health Services) may require further application and re-consideration by the Board of Appeals, the Planning Board, and other agencies having jurisdiction hereunder. 3. Overflow parking must be available on an adjoining parcel. Presently, this permit is subject to the limited two-year lease for overflow parking on the Crenshaw parcel to the west. Further 'P'age 3 - Appl. No. 4246. . Aplication of LKC CORP. Decision Rendered June 13, 1994 consideration may be required in the event sufficient parking is not made available. 4. Owner and/or operator shall furnish a written detailed statement, under oath, as to the number of persons occupying the premises at any one time during.the next 10-month period. 5. The occupancy at this site shall be limited to 75 persons, maximum total (building and outside areas), as requested. 6. This permit shall expire on July 31, 1995, and may be renewed, after a further public hearing and. after further Board consideration of all the Zoning Code standards and considerations listed at Sections 100-263 and 100-264. pertaining to the effects of this use. 7. Based upon the Code of the Town of Southold, the use of the premises is limited to only one principal use. 8. This Special Permit is subject to the owner and/or operator's obtaining written approvals from the Southold Town Planning Board, the Southold Town Building Department, Suffolk' County Department of Health Services, and any other agency having jurisdiction thereunder before occupancy; 9. The buffer zone • area shall remain as shown (any change will require review and approval by the Zoning. Board Chairman); 10. All lighting. must be shielded. to the ground and not be adverse to neighboring areas. 11. Parking shall be limited to this site and the adjoining Crenshaw parcel (during the term of the lease or agreement), without parking along the shoulder of the Main Road or other unauthorized areas; 12. Additional or overflow- parking must be valet-type (with attendants). Additional or overflow parking is necessary by separate written agreement with the owner of another nearby land. Vote of the Board: Ayes: Messrs. Dinizio, Wilton and Goehringer. (Member Villa and Member Doyen, of Fishers Island, were absent.) This resolution was duly adopted. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK Z~L, GE CH RMAN DATE~~~/~ $QUR E RARD P. D OF APPEALS Town Clerk, Town of Southold Page 3 - Appl. No. 4246 Aplication of LKC CORP. Decision Rendered June 13, 1994 consideration may be required in the event sufficient parking is not made available. 4. Owner and/or operator shall furnish a written detailed statement, under oath, as ~to the number of persons occupying the premises at any one time during.the next 10-month period. 5. The occupancy at this site shall be limited to 75 persons, maximum total (building and outside areas), as requested. 6. This permit shall expire on July 31, 1995, and may be renewed, after a further public hearing, and. after further Board consideration of all the Zoning Code standards and considerations listed at Sections 100-263 and 100-264 pertaining to the effects of this use. 7. Based upon the Code of the Town of Southold, the use of the premises is limited to only one principal use. 8. This Special Permit is subject to the owner and/or operator's obtaining written approvals from the Southold Town Planning Board, the Southold Town Building Department, Suffolk County Department of Health Services, and any other agency having jurisdiction thereunder before occupancy; 9. The buffer zone area shall remain as shown (any change will require review and approval by the Zoning Board Chairman); 10. All lighting must be shielded to the ground and not be adverse to neighboring areas. 11. Parking shall - be limited to this site and the adjoining Crenshaw parcel (during the term of the lease or agreement), without parking along the shoulder of the Main Road or other unauthorized areas; 12. Additional or overflow parking must be valet-type (with attendants). Additional or overflow parking is necessary by separate written agreement with the owner of another nearby land. Vote of the Board: Ayes: Messrs. Dinizio, Wilton and Goehringer. (Member Villa and Member Doyen, of Fishers Island, were absent.) This resolution was duly adopted. Ik GERARD P. GOEH NGE , CH RMAN BOARD OF APPEALS Page 19 -Hearing Transcro • Regular Meeting - June 8, 1994 Southold Town Board of Appeals didn't think it was that complexed and then when I started to measure it, 1 said wait a minute this is not that far off, this is you know, this is only a little triangle, I didn't even know what we were talking about 55 square feet. If I had, Jim, 1, 1 was not prepared and I apologize for that. MEMBER DINIZIO: No, I just want to make the record straight that it was an agreement between the two of us that 35 feet, not a suggestion on my part. ALEX WIPF: No, no, no, 1, I, you know, I'll tell you the truth you know what Linda said is reflexible and 1 still am reflexible. MEMBER DINIZIO: OK, that's all I had. MR. CHAIRMAN: All right. Is there anybody who would like to speak against this application? I see no hands 1 make a motion closing the hearing reserving decision until later. MEMBER VILLA: Second. MR. CHAIRMAN: All in favor. MEMBERS: Aye. 7:55 p.m. MR. CHAIRMAN: The next appeal in on behalf of 4246 which is LKC Corp.-mend Jasta,-inc.. This is a request for a Special Exception for permission to establish a drinking establishment use as listed under Article XI, Section 100-101B in an existing principal building. The Page 20 -Hearing Transc~ • Regular Meeting - June 8, 1994 Southold Town Board of Appeals subject premises is nonconforming with a lot area of approximately one-half acre and 115+- ft. frontage along the north side of the Main Road and is located in the B-General Business Zone District. The property address is 6955 Main Road, Laurel, NY; County Tax Map No. 1000-122-6-36. 1 have a copy of the survey produced by East End Drafting and Designs which is merely a site plan indicating the approximate placement of the building and a request by the Planning Board as per the Zoning Code to include the driveway area and the bluff areas in the front of the building and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. The date of this site plan is 4/19/94. Is Mr. Lubkuecher here? Who would like to speak? Who wants to speak? Could you state your name for the record? KENNETH COUDREY: I'm the President of LKC Corporation. We've owned the property for about six years now. It's been vacant and we would like to make some improvements to the property. It was at one time a drinking establishment and you know we'd like to a get a CO for that purpose. MR. CHAIRMAN: OK. For the publics information, this was the former Razmataz Restaurant in Mattituck and a in making the application before us is that a, turning this building into a sports bar, is that correct? KENNETH COUDREY: Yes. MR. CHAIRMAN: OK, James you're on. What would you like to say for the record? Nothing like putting you on the spot, right? Page 21 -Hearing Transc~ • Regular Meeting - June 8, 1994 Southold Town Board of Appeals JAMES LUBKUECHER: I, 1 don't have anything to say I mean at this point. KENNETH COUDREY: He has Liquor License already, he's got the approval from the Board of Health, he's made a tremendous effort you know, he spent a lot of money and a for that matter so have we, you know, we're paying the property taxes on this building for the last six years. MR. CHAIRMAN: OK. I'll turn this over to Mr. Villa and see if he has any specific questions. We have for the audiences personal opinions here or information we did spend an extensive amount of time with these two gentlemen at the site and we did express to them our concerns regarding the parking, our concerns regarding the occupancy level of this building and in general the entire renaissance of rehabilitation of this building as it concerns us and the health safety and welfare of the people and that's the reason why we're really not grilling the person at this particular time. Does anybody on the Board have any questions for these gentlemen? MEMBER VILLA: I'd like to know the, we have a site plan before us, what is the status of this site plan with the Planning Board? JAMES LUBKUECHER: They're waiting for a, you're decision. KENNETH COUDREY: They pretty much told us that it was you know, acceptable to them. BOARD SECRETARY KOWALSKI: Bob, we just got a letter today from the Planning Board and we have copies of it. MEMBER VILLA: When are you hoping to open up? Page 22 -Hearing Transc' • Regular Meeting - June 8, 1994 Southold Town Board of Appeals JAMES LUBKUECHER: 4th of July. MEMBER VILLA: That's what your target is? See, actually as we expressed when we were there you have an entrance way on the east side of the building and an outlet going back on the main road on the west side and parking calculations by the Planning Board puts two parking spaces right next to the building. I'm a little concerned that when cars are coming in there that if somebody is trying to back out of one of those spaces you're going to block out traffic right out of the main road. JAMES LUBKUECHER: What about if we dedicated those two spots for employees' parking only? This way it would be fixed and cars would be fixed there and there wouldn't be MEMBER VILLA: Well that's a thought but are you going to want to try and take up some of your spaces for you know. You got actually, say you need 25 spaces and you KENNETH COUDREY: He's also thinking of you know, having valet parking and someone controlling the parking, he would do that. MEMBER VILLA: Like I said, we expressed our concern, it's in a bad spot of the road there. KENNETH COUDREY: Right, right, there's a bright light, there's a bright light on the road there so you know the lighting would be you know pretty much there. MEMBER VILLA: Yeah, but it's still dark at night when you come around there and you sail on the east and all of a sudden you've got somebody stopping in front of you it's going to be a little bit Page 23 -Hearing Transc& • Regular Meeting - June 8, 1994 Southold Town Board of Appeals hazardous. I would like to see that egress because people want to get in and they should be able to get out, get in off the road quickly without having a bottleneck. KENNETH COUDREY: He's, he's rented the property next to him and he's got plenty additional spots over there and I mean he can utilize that. He is going to have an attendant there to you know, he's going to have valet parking to control, you know, if, if he does that king of volume. MEMBER VILLA: OK, and our other concern was how you're going to limit the occupancy of the building, that's the thing? KENNETH COUDREY: He's going to have to enforce it. You know he's going to a. There's a lot of places that, that limit the occupancy. You know, he' going, you know he's a capable person and I'm sure that he'll limit and he'll give you his assurance. MEMBER VILLA: OK. MR. CHAIRMAN: OK. The only concern that I didn't discuss, I had a couple other things but the only other thing that I didn't discuss was the access by fire vehicles to in and through and throughout the parking lot and that's where there is a concern. That may be addressed in the decision, all right. Can we physically get you know emergency vehicles in and around the building? KENNETH COUDREY: I think so. I mean, we're going to widen the spots, we're going to remove viewer at the site, we're going to remove all of those shrubs along the fence, make it wider, right, you know, considerable, may be able to go through. Page 24 -Hearing Transc • Regular Meeting - June 8PP1994 Southold Town Board of Appeals MR. CHAIRMAN: We may include that in the decision. We may ask you to park the car on both sides of the building and we'll bring a truck down on a Monday night and see how the access is around then. There is a concern with that. KENNETH COUDREY: The problem is that, you know, before we can do all this work we need a site plan approval before we can open up. You know I don't have it in front of me but there's, there's plenty of distance on both sides of the building, enough for a vehicle such as a you know a fire, fire truck or an ambulance. MR. CHAIRMAN: What happens after the two year lease? Is there an option in the lease, is there something? KENNETH COUDREY: No. MR. CHAIRMAN: No, are you going to operate it if he doesn't. KENNETH COUDREY: No. MR. CHAIRMAN: So, in effect it'll die. KENNETH COUDREY: It'll die. I mean unless the MR. CHAIRMAN: Unless he's that ultimately successful that he wants to KENNETH COUDREY: Renew the lease. MR. CHAIRMAN: What about the sign situation? What's going to occur there? KENNETH COUDREY: The sign? MR. CHAIRMAN: Yes, what kind of sign are we going to put up? JAMES LUBKUECHER: I submitted a sketch to the Planning Board. I don't know if you received a copy. Page 25 -Hearing Transc~ • Regular Meeting - June , 1994 Southold Town Board of Appeals MR. CHAIRMAN: OK. Is it going to be a 4 by 6 sign in normal? JAMES LUBKUECHER: Yes. MR. CHAIRMAN: OK. Unlighted or lighted? JAMES LUBKUECHER: It will be lit. KENNETH COUDREY: We will be willing to listen to you know a MR. CHAIRMAN: These are just some of the questions. On the Health Department situation we assume that after we met with you that the Health Department arrived at the occupancy level based upon the sewage that was available in the building. Is that correct? JAMES LUBKUECHER: Yes. MR. CHAIRMAN: OK. Has the Building Department indicated that there is any additional occupancy other than that figure? JAMES LUBKUECHER: I haven't heard from anybody in that department. MR. CHAIRMAN: When we met with you at the site we talked about that the second floor of the building was going to be literally shut down over the bar area and that the only utilization of the second floor would be on the basis of where the DJ in a past situation sat and presently will be sitting except for the access of getting up there. Is that correct? JAMES LUBKUECHER: Yes. MR. CHAIRMAN: How long is Mr. Crenshaw lease with him? JAMES LUBKUECHER: His is two years. MR. CHAIRMAN: Two years also. OK, and on the site plan you don't indicate any walking path around the building itself. Your assuming Page 26 -Hearing Transc~ • Regular Meeting - June , 994 Southold Town Board of Appeals that the access is going to be from the front door of the building and will the asphalt of the front cement block area or the cement area in the back of the building be roped off or how is it going to be JAMES LUBKUECHER: There's going to be a fence around the a MR. CHAIRMAN: The back. OK, so that's it. You'll have to go through the building to go into the fence area and there will be no access problem? BOARD SECRETARY KOWALSKI: You mean a fence around the back of the building? MR. CHAIRMAN: No. A fence around the back of this concrete area. They'll be fence around it. BOARD SECRETARY KOWALSKI: Fence around the concrete. MR. CHAIRMAN: Any other questions gentlemen? MEMBER VILLA: Yes. Will there be any objections to having a right turn only on your exits out on to the main road so that we don't have anybody going cross traffic? KENNETH COUDREY: None whatsoever. If you guys feel that that's the way to go we certainly are willing to do whatever is necessary to make it safe. MR. CHAIRMAN: OK, Jim? MEMBER DINIZIO: Is it understood that the 75 occupancy that is the amount of people that can be on that piece of property , not just in the building but on that piece of property is that what the Health Page 27 -Hearing Transc& • Regular Meeting - June 8, 1994 Southold Town Board of Appeals Department is saying to you or if you have a patio in the back is it 75 people in the building you know? KENNETH COUDREY: It's hard to define what the Health Department is you know saying. MEMBER DINIZIO: I mean I interpreted it as being 75 people on that piece of property at any one time. MR. CHAIRMAN: Well using the establishment I mean it could be getting in and out of their cars. MEMBER DINIZIO: Well I, 1 mean you can't tell the difference between 80 and 75, but you certainly can tell the difference between 200 and 75 is what I'm saying. MR. CHAIRMAN: I understand. Well, I don't mean to answer your question and/or the question to them but in my voting on this application they will be doing detail occupancy amounts on a daily basis which they will report back to us on. MEMBER DINIZIO: 1, 1 go along with that but, I MR. CHAIRMAN: Just so we know where we are parking wise and everything like that we had discussed this, you're aware of this. MEMBER DINIZIO: If I'm voting on this its for the 70, my assumption I'm voting for 75 people for that piece of property. Not inside that building but you're going to have that outside patio when we count 75 people, 75 people if there's 25 outside there's 50 inside. OK, that's my understanding of what the Health Department was saying. If you can get a clarification on that, that would allow you to .Page 28 -Hearing Transc t 46 Regular Meeting -June 1994 Southold Town Board of Appeals increase the amount of people, you know, certainly that's to your benefit. OK, but KENNETH COUDREY: 75 was for usage inside the building. I mean, I mean, MR. CHAIRMAN: 1 know we discussed that but the problem is that they have to walk through the building now to get to the back, OK, and you know that there's going to be a constant flow in and out. KENNETH COUDREY: But I'm saying he's trying to do every effort he can, he rented, he's leased another piece of property adjoined to it, has a I don't know how many spaces, 30-40 spaces and that's hard to cover, reduce the flow, so he's making every effort to get this thing through. MR. CHAIRMAN: Right. You can either stand space standing or you can sit down, whatever you'd like to do. We're going to ask the audience if there's anybody in the audience has any questions concerning this application, all right. Is there anybody in the audience that would like to speak either for or against this application? This is appeal No.4246. You guys are in luck tonight I tell you. KENNETH COUDREY: I have 50 people for. (Jokingly) MR. CHAIRMAN: Hearing no further comment, we thank you very much again for coming to this hearing. We will definitely try and have a decision as quickly as possibly. I know how important it is for you with the summer coming and we will recess the hearing at this point. I'm sorry reserve decision until a later date. Page 29 -Hearing Transcr~ R41 egular Meeting - June 8, 1994 Southold Town Board of Appeals KENNETH COUDREY: Do you know when you would make the decision on this? MR. CHAIRMAN: Well you can hang around tonight, we're going to be working until the wee hours. (Everybody having conversations at one time) MR. CHAIRMAN: I need a second on that motion gentlemen: MEMBER VILLA: Second. MR. CHAIRMAN: All in favor. MEMBERS:Aye. 8:13 P.M. MR. CHAIRMAN: Appl. No: 4245 George and Susan Tsavaris. This is a request for a variance under Article XIII, Section 100-239 for permission to locate swimming pool with fence enclosure within 100 feet of the bluff of the Long Island Sound. Location f Property, 2170 The Strand, Lot 111 at Pebble Beach Farms, East Marion, N.Y., Parcel No. 1000-30-2-53. Copy of survey which has been photocopied which indicates the approximate place of the pool which is about 10 feet from the north easterly property line of 46 feet from the top of the bluff and about probably about 10 feet from the porch a pool of approximately 15 x 30 and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. How are you tonight doctor? Would you like to be heard? ....................r........... TRANSMISSION RESULT REPORT ....................(JUN 09 '95 01:04PM)................. • d6HOLD TOWN HALL 516 765 1623 (AUTO) DATE START REMOTE TERMINAL TIME RE- MODE TOTAL PERSONAL LABEL FILE TIME IDENTIFICATION SULTS PAGES NO. JUN 09 01:03PM 7652752 01'21" OK S 03 010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E)ECM >)REDUCTION S)STRNDARD M)MEMORY C)CONFIDENTIRL *)BATCH D)DETAIL $)TRANSFER F)FINE P)POLLING APPEALS BOARD MEMBERS O G Southold Town Hall Gerard P. Goehringer, Chairman ?1 53095 Main Road Serge Doyen, Jr. °w x P.O. Box 1179 James Dinizio, Jr. y Southold, New York 11971 Robert A. Villa ~~1 X00' Fax (516) 765-1823 Lydia A. Tortora- Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECUAE MEETING FRIDAY, JUNE 9, 1995 3:00 p.m. Special Meeting - Call to Order was made by Chairman Goehringer. A Special Meeting of the Southold Town Board of Appeals was held on FRIDAY, JUNE 9, 1995 commencing at 3:00 p.m. at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman Robert A. Villa, Member Lydia A. Tortora, Member Absent was: Serge J. Doyen, Member (as agreed, due to length and expense of travel from Fishers Island) James Dinizio, Jr., Member was present earlier and agreed to adoption of the Resolution B (Agenda Item 2) to change meeting and public hearing from 6/29 to 6 / 28 . Board Secretary Linda Kowalski was also absent as approved by Chairman-Department Head. The Waiver of Notice was signed by all Board Members. x s s A (Agenda Item 1.) - UPDATE REQUESTED FROM PB: On motion by Chairman Goehringer, seconded by Member Villa, it was RESOLVED, to direct the Chairman to send correspondence to the Southold Town Planning Board requesting their confirmation of the status of Lot 16.8 at Paradise Point, which appears to have been created during about 1985, and whether or not this lot is shown on the Planning Board map(s), or other Planning Board action under the subdivision regulations and the previous reviews of the Planning Page 2 - June 9, 1995 • Special Meeting Southold Town Board of Appeals Board pertaining to lots in this area. Vote of the Board: Ayes: All. (Members Dinizio and Doyen were absent.) s s m B (Agenda Item 2): RESOLUTION Re: June 29th Special Meeting and Public Hearing in the Matter of LKC Corp. (Ocean City). On motion by Member Tortora, seconded by Member Villa, it was RESOLVED, to AMEND the date of the Special Meeting and public hearing originally set for Thursday, June 29, 1995 TO a modified date of Wednesday, June 28, 1995 (due to lack of availability of Meeting Hall), which public hearing is known as LKC Corp. (a/k/a Ocean City), commencing at 7:15 p.m. at the Southold Town Hall. Vote of the Board: Ayes: Messrs. Villa, Tortora and Goehringer. (Members Dinizio concurred shortly before and Member Doyen of Fishers Island was absent due to the distance and approx. three days' advance notice required to attend.) This resolution was duly adopted. On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to direct the Chairman to send a letter to the Southold Town Police Department requesting attendance by Officer Tirelli and Officer Grathwohl at the public hearing to be held on June 28, 1995 in the Matter of LKC Corp. for the purpose of receiving testimony relative to police reports and incidents in and around the vicinity of LKC Corp. Vote of the Board: Ayes: Tortora, Villa and Goehringer. This resolution was duly adopted. s s s C. RESOLUTION (Agenda Item 3.) On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to AUTHORIZE advertisement of new applications filed in complete form and accepted by Chairman and Board Secretary on or before June 19, 1995 for public hearings to be held Wednesday, July 12, 1995 commencing at 7:30 p.m. Work Session commencing at 7:15 p.m. for informal reviews. Page 3 - June 9, 199 • Special Meeting Southold Town Board of Appeals Vote of the Board: Ayes: Tortora, Villa and Goehringer. This reoslution was duly adopted. (Members Dinizio and Doyen were absent.) x x x D. (Agenda Item 4). It was noted that copies of the Minutes of the following Meetings were distributed to Board Members this past week and filed this date with the Town Clerk: April 26, 1995 Special Meeting May 3, 1995 Regular Meeting May 15, 1995 Special Meeting x x x There being no other agenda items for business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Respectfully submitted, Linda Kowalski, Secretary 6/12/95 / Southold Town Board of Appeals Approved for filing - Gerard P. Goehringer _ v I s l,CEIVED AND FILED BY 'CUT: -,013 TOWN CIE'K o,'oS DATE gOUR ~ I cutl; Town C?er1:. Town ci old \ PUREWATER DIV. OF KREIGER WELL & PUMP CORP. MAY 15 '^'C5 BOX 101 - MAIN ROAD - MATTITUCK, NEW YORK 11952 - PHONE (516) 298-4141 • FAX (516) 298-4426 BUILDING DEPARTMENT MAY 12, 1995 SOUTHOLD TOWN NEW YORK RE: ABUSE OF PARKING TO WHOM IT MAY CONCERN: WE HAVE AN ONGOING PROBLEM HERE AT KREIGER WELL & PUMP CORP. LAST YEAR A NEW BUSINESS SPRANG UP AT THE LOT TO THE WEST OF US. THIS BUSINESS IS CALLED OCEAN CITY. IT SEEMS THEY HAVE QUITE A CROWD AT NIGHT. THE PARKING AVAILABLE AT THE OCEAN CITY SITE IS INSUFFICIENT. PEOPLE HAVE BEEN USING ALL OF THE NEARBY BUSINESSES TO PARK. WE'VE EVEN PUT UP PARKING BARRIERS IN FRONT OF THE OFFICE ONLY TO FIND THEM TAKEN DOWN THE NEXT MORNING. ALONG WITH THAT PROBLEM, WE HAVE TO POLICE THE AREA FOR BEER BOTTLES & CANS, FOOD WRAPPERS, PAPER BAGS, BROKEN GLASS, ETC. AFTER EVERY EVENING SESSION THEY HOLD. A SECONDARY PROBLEM HAS US CONCERNED. SOMEONE HAS PUT UP A NYNEX PAY PHONE RIGHT ON THE EDGE OF OUR PROPERTY, ACTUALLY ON THE ADJACENT PROPERTY ABOUT A FOOT FROM OUR PROPERTY LINE. EVERYONE IS USING OUR PARKING LOT TO PARK WHILE USING THE PHONE. THIS INCLUDES TRAVELERS, BUSINESS PERSONS, TRUCK DRIVERS, DELIVERY PEOPLE AND SOME QUESTIONABLE CHARACTERS. THERE HAVE BEEN TOO MANY INCIDENTS WHERE WE COULDN'T LEAVE THROUGH OUR GATE BECAUSE OF CARS USING OUR LOT TO PARK WHILE MAKING A PHONE CALL. LARGE SEMI-TRAILERS HAVE PARKED IN FRONT BLOCKING THE WHOLE DRIVEWAY. WHEN WE GET DELIVERY TRUCKS TO DROP OFF MERCHANDISE, THEY CAN'T BACK IN OR PULL OUT BECAUSE OF WHAT I WOULD CALL ILLEGAL USE OF OUR PROPERTY TO PARK. WE'VE HAD ONE INCIDENT WHERE A TRUCK COULDN'T CONTINUE TO BACK UP TO OUR GATE AND A CAR COMING FROM THE WEST HAD TO SLAM ON THEIR BRAKES TO AVOID A COLLISION. THE FIRST PROBLEM SHOULDN'T EVEN EXIST BECAUSE OF LACK OF PARKING AT THEIR SITE. THE BUSINESS SHOULDN'T BE ALLOWED TO EXIST IF THERE ISN'T PROPER PARKING. THE PEOPLE WHO OWN OR RUN OCEAN CITY APPROACHED US BEFORE THEY OPENED. THEY WANTED OUR OK TO USE OUR PARKING LOT. WE SAID NO. THE SECOND PROBLEM IS THE STRAW THAT BROKE THE CAMELS BACK. NOW WE HAVE PROBLEMS IN THE DAY AS WELL AS THE NIGHT. WE ASK YOU TO PLEASE LOOK INTO THIS PROBLEM AND GET BACK TO US. AS A LONG STANDING BUSINESS IN THE COMMUNITY WE FEEL WE HAVE THE RIGHT TO OBJECT TO THE ABOVE. SINCERELY, TOM DEMOPOULOS MANAGER-PUREWATER DIV. KREIGER WELL & PUMP h~o~gOffO(~~oGy o ~ Town Hall, 53095 Main Road w Z Fax (516) 765-1823 P. O. Box 1179 W Telephone (516) 765-1802 Southold, New York 11971 OFFICE OF THE BUILDING INSPECTOR TOWN OF SOUTHOLD TO: Zoning Board of Appeals Q sd 4,ni FROM: Gary J. Fish, Building Inspector RE: Ocean City and its compliance with the Special Exception rendered June 13, 1994. DATE: May 17, 1995 I am sure all members of the board are aware of the violations to the Special Exception that exists at Ocean City. In particular, the parking situation and the occupancy load as it applies to the Health Department requirements. In the early morning hours of May 13, 1995 at approximately 1:00 A.M. I made a visit to Ocean City and personally observed overcrowding inside the establishment and many cars parked along Route 25 on both sides of the road. There were in my estimation well in excess of 200 persons inside and as many as 60 cars parked along Route 25. These are both direct violations of the Special Exception that Ocean City has and in light of these violations, I recommend that their Special Exception be revoked as stated in the Zoning Code of the Town of Southold Article XXVI Chapt. 100-262 D. (2). GJF:gar I\Dx , o XV STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788-5518 EDWARD J. PEfROU, P.E. JOHN B. DALY REGIONAL DIRECTOR COMMISSIONER April 3, 1995 RaIm Mrs. Judith T. Terry - Southold Town Clerk APR 4 1995 53095 Main Road Southold To" awk MAY I 8 ')o5 P.O. Box 1179 Southold, NY 11971 Dear Mrs. Terry:A Your December 29 1994 Letter +°I 7-nza c!e„F Parking Request Op Mattituck We have completed our investigation of the Town Board's request to restrict parking on both sides of Route 25 from the LIRR Bridge to east of Bray Avenue. Route 25 in this area has a slight curve, the inside of which is on the north side of Route 25. Because of this curve, numerous driveways and a varying shoulder width we will restrict parking on the north side of Route 25. The restriction will begin just east of the bridge and extend east of the driveway of the Times/Review Newspapers. We determined there was no need to restrict parking , at this time, on the south side of Route 25. The signs will be installed by our maintenance personnel as their work schedule permits. Very truly yours, JAMES O. FREIN Regional Traffic Engineer JOF:DP:BT CA9EN BER INCIDENT REPORT RE'DJ'TED* {r I~' po`/d 77 MRS ACTIVITY NUMBER Southold Town Police Department _ Fouts 25 OCCURRED Pocono, New York 11958 7 OESCRPTp PZ 516765-2600 FROM MRS CLASS CODE CASE TYPE CRIMINAL CASE , -r- !1 it JRS 121,7, 17" - ? NON CRIMINAL Pease- ~J O ' 1 O-~ 7 HOW RECEIVED m O CALL FOR SERVICE 2 O OFFICER INITIATED PAGE OF I 1 L- 1 / t ~L. ~t~i ` TC. n COUNTER REPORT n m O INCIDENT LOCATION nn 1 ' L I p . "1' / ,p S~ n - L I,1L LL C OUAnLL /I"IQ Il1 1LCh -C, A NSR STREETNAME U T O BLOCK COMMERCIAL SLOG. ? PUBLIC BLOM Cflii I )f 0 INTERSECTION O INDUSTRIAL BLDG. O PUSLIC PARK n N ? PRIVATE HOME O MULTI DWELLING O PARKING LOT Z13 H~ I I I1T ain PERSON INVOLVEMENT CODES I 1 C•COMPLAINANT F - FINDER M- MISSING PERSON Cv 1 ~J h D-DRIVER I-INJURED/AIDED O.OWNER 1 E - EMPLOYEE J- JUVENILE P- POLICE OFFICER LPEOSON LAST NAME FIRST MI HOME PHONE BUSINESS PHONE f'Zy Zogl RACE SEX W AGE HOT WD W e Taken by: RACE CODES P A-ASIAMORIENTAL 8-BLACK H - HISPANIC I-AMERrANINOIAN O-OTHER IN - WHITE E PERSON LASTNAME /jFIRST ) MI ADDRESS S u.ft'O /Lti/10- C P f?rvl IL, G I /r. 0 CODE HOME PHONE BUSINESS PHONE OCCUPATION N S q 72 - OSLO S RACE SEX DOB AGE HOT WOT EYES HAIR COMPLEXION 71,71? r" PERSON LASTNAME FIRST MI ADDRESS - CODE HOMEPHONE BUSINESS PHONE OCCUPATION MCE SEX DOB AGE HOT WGT EYES HAIR COMPLEXION Nerr&lvs:(PrI or Tyye Onl» ,Q ` ,1 'mg"A£Af 4 2FPn< aF 411?e F/(NT AT 0,3GoF C~ [n(ie l`I~•/ /0fR/?///C /V ~^!Y / An Tuv/~5-v -~L Or rent o ^ k e,, /Z a// erxz,fl,~ ris- 4,4,Q Cma AF n. A/Jyl r /Q: C?. - s.. / r + ?F//rC ? 4 LiAS /n vv/vc..R J.,r A2 4r.t. Rir"/r/m/ n ~s.~ f4 A//7 /'e( f4 L73 C.d vt -.k' V S/^.L /n ?.•1x i^ fJ. o C S. N IC /1 ,vrj? I, i 1 POTS-1A (J4 _ CASE NUMBER INCIDENT REPORT REPORTER 9S- V3 L)b Southold Town Police DATE ~ /3/ Do4D HRS ACTIVITY NUMBER DspartmeM Flouts 25 OCCURRED PSConlo, N" York 11858 CA EOESCRPTION O 1 515-785.2800 FROM HAS 14 CLASS CODE CASE TYPE XCRIMINAL CASE TO HRS O NONCRIMINAL DESK OFFICER HOW RECEIVED O CALL FOR SERVICE m ? OFFICER INITIATED PATRO.OFFICER Z pL COUNTER REPORT PAGE OF Qom; S L INCIDENT LOCATION T O ,,11 m C (CtA/N i rY Llr - LA?/~t~ A NBR STREET NAME TYPE DIR APT, SECTOR T ? BLOCK ? COMMERCIALBLOO. ? PUBLIC BLDG. ? SCHOOL ? COUNTRY CLUBMROUNDS % O ? INTERSECTION ? INDUSTRIALBLDG. ? PUBLIC PARK ? BANK )X OTHER N ? PRIVATE HOME ? MULTI DWELLING ? PARKING LOT O CHURCH W PERSON INVOLVEMENT COOPS C C-COMPLAINANT F-FINDER M - MISSING PERSON R- REPORTING PERSON V - VICTIM O- DRIVER I-INJURED/AIDED O-OWNER S - SUSPECT IN - WITNESS E - EMPLOYEE J- JUVENILE P- POLICE OFFICER U-UNKNOWN Z-OTHER PERSON ySTNAME FIRST MI ADDRESS CODE HOME PHONE BUSINESS PHONE OCCUPATION G 3 9 -/r~3R RACE SEX DOB AGE HOT WGT EYES HAIR COMPLEXION M DLI, ai RACE CODES P A-ASIAWORIENTAL S - BLACK H- HISPANIC 1 -AMERICAN INDIAN O-OTHER W-WHITE E PERS~OtN W LAST NAME FIRST MI ADDRESS S S 12 N uJ O CODE HOME PHONE BUSINESS PHONE OCCUPATION N $ RACE SEX DOB AGE HOT WGT EYES HAIR COMPLEXION M PERSON LASTNAME FIRST MI ADORE83 CODE HOME PHONE BUSINESS PHONE OCCUPATION Narrative: RAGE SEX DOB AGE HOT WOT EYES HAIR COMPLEXION Narrative: (Prim w TyPrr Onl» ,y +fI /'z (~~J.2/~-1) /3C/NG STRy 1 Ih/ 1-49F7 I_Nki?OJA) S? { FY) - 7~~ r GL LO C AGti/L YT / f 7J c'Y/1 AJ 1 < ] T/TYl)r5 lZt~ C~'I~AS- 432 nNO 5.ti - ~13tzs Z POTS-11A J~ J ASE NUMBER Gj INCIDENT REPORT REPoRTE / q5_- DATE • G'3/BAS ACTIVITY NUMBER Southold Town Police Department HRS Rote 25 OCCURRED Peconlo, New York 11958 CASE DESCgMTION 518.7852800 FROM HRS ? NO CLASS CODE CA E TYPE ~f CRIMINAL CASE TO HRS DESK OFFICER HOW RECEIVED ? NON CRIMINAL ? CALL FOR SERVICE N m ? OFFICER INITIATED PATROLOFFICER Z COUNTER REPORT PAGE / OF O INCIDENT CATION C VCEYIJJ LIrY__ Z-025 Lau ibZ _f!_nJ A NBR STREET NAME TYPE DIR APT. SECTOR T ? BLOCK ? COMMERCIALBLDG. ? PUBLIC BLDG. ? SCHOOL ? COUNTRYCLUB/GROUNDS IC ? INTERSECTION ? INDUSTRIAL BLDG- ? PUBLICPARK ? BANK BOTHER N ? PRIVATE HOME ? MULTI DWELLING ? PARKING LOT ? CHURCH 'G PERSON INVOV M NT CODES v G C - COMPLAINANT F- FINDER M- MISSING PERSON R- REPORTING PERSON V - VICTIM O-DRIVER I - INJURED/AIDED O -OWNER S - SUSPECT W- WITNESS E- EMPLOYEE J- JUVENILE P- POLICE OFFICER U-UNKNOWN Z-OTHER Izzr LASTNAME FIRST MI ADDRESS / E HOME P ONE BUSINESS PHONE OCCUPATION - vv RACE SET( DOB AGE HGT WOT EVES NAIR COMPLEXION -J a 1 7F RACE CODES P A - ASIAN/ORIENTAL B- BLACK H- HISPANIC I-AMERICAN INDIAN O-OTHER W-WHITE E PERSON LAST NAME FIRST MI ADDRESS R S ~Wcr~ a,J C CODE HOME PHONE BUSINESS RHONE OCCUPATION N S RACE SEX DOB AGE H07 WGT EYES HAIR COMPLEXION W S'// /~1D PERSON LAST NAME FIRST MI ADDRESS CODE HOME PHONE BUSINESS PHONE OCCUPATION RACE SFJ( DOB AGE HOT WOT EVES HAIR COMPLEXION Narrative: (PrYX«Type Only) .~i .ls rr t.e Wi a v,cw o nJ Sw9~cr- Jf..i ~ / f7,ci t ~ ~ F4Cz /?J?U /l hYYO~ ry •/[r 7Crl T,4mk-S TG L'c't5 L/Sr)rCNa m ~p'wn 3 ;$T) rC/f&l TO -7'FL.IC D - t . ' dLigwi2 RJ=v CC Yi?a. a4.o 419--q,406 PDTSIA - ' ISE NUMBER REPORTED IC'ICENT REPORT r `,~S - 351' DATE/ = 9S~ HR9 riVITY NUMBER f30 ofd TOWR Polk9 09pulmMt Flouts 25 - OCCURRED . , - - i i PgmIG NM York T 1958 ' , ASECESCAPTION STti78Sd900 FROM MRS l?1.~~1~EA-Ell7/~ L' I TO Hag j ussCOOE TV O CRIMINAL CASE i. - OESKOFFICER r OW gECEIVED L* NON CRIMINAL - a CALL FOR SERVICE - PATPOIOFFICER _ O OFFICER INMATEO .PAGE-/ . OF COUNTER REPORT - ' O INCIOENTLOOATtON =lrll LA4vg&4 OCE7i t/ Cs At A HER STREETNAME. - TYPE OIR APT. CM,? -z % T ' O BLOCK ? COMMERCIALBLDG. O PUBLIC BLOT Q SCHOOL O COUNTRYCLUWGROUNOS INTERSECTION p INOUSTRIALSLOG. O PUBUCPARK Q BANK OTHER IWAK/.AG/.o-r - N O PRIVATE HOME O MULTI DWELLING O PARKING LOT a CHURCH - OFQC~/~IrJ Q 00 r PERSON INVOLVEMENT CODES C-COMPLAINANT F.FINOER M-MISSINGPERSON R - REPORTING PERSON V - vIOTIM O- DRIVER I-INJUREDIACEO O-OWNER S-SUSPECT W-WITNESS E-EMPLOYEE J - JUVENKE P-POLICEOFFICER U-UNKNOWN Z-OTHEA ' PERSON LAST NAME FIRST MI RESS Sou 7W E EoocJpE v IVI ? yr CODE HOMEPHONE BUSINESS PHONE OCCUPATION 765- ,2600JVCe ff/~'~~• RACE SEX DOE AGE HOT WOT EYES HAIR COMPLEXION kJ o -a3- S7 6 2 - Ljs uc Q ee R~/j . RACECOOrg P A-ASIANAORIENTAL 9-BLACK H-HISPANIC I-AMERICANINOIAN O.OTHER W-WHITE E PERSON - LAST NAME FIRST MI - AWRESS R O CODE - HOMEPHONE BUSINESS PHONE OCCUPATON N $ PACE SEX DOB - AGE HOT WGT EYES HAIR COMPLEXCN PERSON LAST NAME FIRST MI ADDRESS CODE 140ME PHONE BUSINESS PHONE OCCUPATION - RACE SEX OOB ACE HOT WOT EYES HAIR COMPLEX" ' Narratlvv (PrM a Type OmM - ~ / iAv.kefD .Ct*FT THu~i3 tt/N/~E /4SS/ST/~'-(r tom/ T/,c'E«/ QAl A %2 SIMi1 ARRe sT ZJ2C/0&4l- 'cE7~N~S60 IYI~D/cNi4L ~4T/.~7vTf~nJ 41- 7W 71"E~- C0_0 5c/C/'/"c9~ 3~Si6 PMIA CASENUMSER INCIDENT REPORT REPORTED DATE /t HRS ACTIVITY NUMBER Southold Town Police Dsp~rtmeM S ~ Route 25 OCCURRED Peconk, New York 11958 CASE DESCRIPTION (C4j l (I ycj,4CLn r zarg $16-785-280() FROM HRS A-ZAS^ CRrM. a5- (";I - s,;s .'*L `W tic CLASS CODE v~~7 CAS~TYPE )fCRIMINALCASE TO HRS NOW RECEIVED ? NONCRIMINAL DESK OFFICER y O CALL FOR SERVICE m P:~)FFICER INITIATED / PATROL OFFIC C El COUNTER REPORT PAGE OF rQyt L / INCIDENT LOCATION TFA) c 1717 PA2lc t 3 (o j C U#7~ M~ttt,rl< A NBR STREET NAME TYPE DIR APT. SECTOR T O BLOCK ? COMMERCIAL BLDG. ? PUBLIC BLDG. ? SCHOOL ? COUNTRY CLUB 'GROUNDS IO CI INTERSECTION ? INDUSTRIALBLDG. ? PURUCPARK ? BANK ? OTHER N C3 PRIVATE HOME ? MULTI DWELLING ~1 7" PARKING LOT ? CHURCH PERSON INVOLVEMENT CODES C - COMPLAINANT F- FINDER M- MISSING PERSON R- REPORTING PERSON V - VICTIM 0 -DRIVER I - INJURED/AIDED O .OWNER S-SUSPECT W - WITNESS E- EMPLOYEE J •JUVENILE P - POLICE OFFICER U-UNKNOWN Z-OTHER LAST NAME FIRST MI ADDRESS r Lv HOMEPHONE BUSINESS PHONE OCCUPATION LCO'SDE J~72J `Jri~ RACE SE% 8 AGE HOT WOT EYES IR COMPLEXION 4 4- RACE CODES P A-ASIANORIENTAL 8-BLACK H - HISPANIC I -AMERICAN INDIAN O-OTHER W-WHITE E PERSON LASTNAME FIRST MI ADDRESS R S 0 CODE HOMEPHONE BUSINESS PHONE OCCUPATION N S RACE SEX DOB AGE HOT WGT EYES HAIR COMPLEXION PERSON LASTNAME FIRST MI ADDRESS COOS HOME PHONE BUSINESS PHONE OCCUPATION RACE SEX DOB AGE HOT WOT EYES HAIR COMPLEXION Narrative: (Print a Type OnW r;.':(I<L rrr?f~' / A(rA /1l~(,V/ FL'Sr,J / P~F'~ F~ r~//53z.~G£,Z /-?rl ?`c:ltC/-.`,. T ~7/ W,4. ?(GSil r! f ivGS ~tidF,?J'i~'~e nP % a ce- Z /1 PC/f r~ ~;//',fFcT G:.sd~$' ,4S'rt5t5 % rhl°(~l nY'.PFcKr% y~/~^%/JVC li' ,dN?~7Jr'iZ dl` //~hl /~ccvdi (/elf./ S~r~LT /yTcr~T1 a7` i?z c ~.~•Of.t ~1~e~ZtS( A//f6aF7~.'t %9 ~GF~ 6rJ no `Jv ( L .'S ! !'"/iil/ 7~/?/~.~~ !~"/i,^.r. ~~U/ 0~- ~ ~~I~'u~ ? ?i ~ / ~O /L / /r` ?S Q /r0 Mf'6E4t tN1l ~vfil~,pLCS SJ~, is b [Ln•JAc~1{Z,E' ~ncYS2J'! Acc r p ~FFG'f. ~ RZ,( ct 9f- ~83q PDTS-1A CASE NUMB MA - Southold Town PDliq ACTIVITY NUMBER 7 Rants ZS OCCURRED - s Psewle• New Yak l toss CASEOESCRPTION FROM . WAS 77- ClA39 COO PE - 41~RIMINAL CASE TO HOW DECEIVED- .-.0 NONCRIMINAL DESK OFFICER. . ' 0 CALL FOR SERVICE -"T -gy m OFFICER INITIATED PATROLOFF!OER Z PAGE OF .,r L - INcIDENTLOCATtom R/`-1'Y 9 03 O C Dept- /h r%Ij G~ A-~r - N'- A NBR STREET NAME - - TYPE OIR APL SECTOR T 0 BLOCK COMMERCIAL SLOG a PUBLICBLDO Q SCHOOL- O COUNTRY CLU&GROUNOS 0 E INTERSECTION 0 INOUSTRIAI BLDG 0 PUBUCPARK O BANK 0 OTHER - - - N 0 PRIVATE HOME 0 MULTI CWELLING 0 PARKING LOT O. CHURCH - PERSON INVOLVEMENT CODES - C - COMPLAINANT F-FINOER M - MISSING PERSON R- REPORTING PERSON _ V.VICTIM O-ORNER I-INJUREDMOED O.OWNER S-SUSPECT - - NESS E-EMPLOYEE J-JUVENILE P-POUCEOFFICER U-UNKNOWN W"VWITTIN - - li LASTNAME FIRST MI - AOORESS N6oNvO •S' a-)G o?w,az CT. z.Oj HOMEPHONE SUSINESSPHONE OCCUPATION S3~ 77o.z/ P%22A Cpu;L RACE SEX 8 ~ApE fT II WOT EYES HNR COMPLEXION kqe RACE M_RF_S P A-ASIAWORIENTAL S-BLACK H-HISPANIC. 1-AMERICANWOIAN O.OTHER W-WHITE rE PERSON LASTNAME FIRST MI ADDRESS O COOS HOME PHONE - BUSINESSPHONE OCCUPATION N _ `S - RACE SEX 008 AGE HOT ,,or ms HAIR COMPLEXION Ec LAST NAME FIRST AOORESS HOMEPHONE 8USINESSPHONE OCCUPATION RACE SEX 008 AGE HOT _ WGT, EYES HAIR COMPLEXION Narradvs•.(PrvA a Typs only (~NrCt INVfS[rG11~^4 hVA-tiftovs cjmptAT.-l~c- 6i /[ef rt[eK giR(e & -,nutaSS w ur21Je.y VavT(+S dT A~6lS Co(nfi~~~ IrwA£zS/SN.ec~C t Po- a~fl3i Pl a t~Nf~ Q vFp(~G~_ !ut!!e!1 (tips PIvLok. WIT[( ~Yo.-IT+S Ft!%,,c 1AtAMS_- Po /~-s/ Affh,acr~rn 4erutk~ r o~ rvneftr- :r~LCt(7 APP/C~lI(!'SA ~trFRGf/~ s/n£ K oPIS2u4 Q c,~q fMACC Sn14Cc f rfPs lcVS t L? A"I 2lri-?' F?.u"JTProv( (JAdLrr.j~k j9r-'ho,,FA 1I/ fnvy NrCCC y Quf /o, xA Sv , 'C7- AS W1.4f /?Uins QigCCh iAU VtS FScCf~ G~STif~ !T /,JAf `rQ~b JvgrEe-~ £tit~E~ /.1lj ~~ltf(S y Qp~q L S-T'tACC ZtP-tve[e ~4 ~ 6F 6'?F A) A,-T LrK£ 99.vn x _ S?Arjoc cvd unQEn, - A22 Kp Fr F -Goa TnR~SRI~A %v ~5. 2PCFS1c.[ plaLrod lac[ `mil ~`jt,,at/' ~zDCs w+i(3TNCL' /z{d/?£t/td ri?c v Rq, V/ IVA.- ~OS^~C~ QSCRdc /~4uTS~cn~ {as '+'"~r~LC( Ee„~2~Ct lu~er? POTSjA CASE NUMBER 9.)' 39'3 INCIDENT REPORT o, Ts ° ! r _ HAS ACTIVITY NUMB R Southold Town Polite Department - ROUme 25 OCCURRED Pe Ic, New York 11958 / CA gIRTION 516785-2800 FROM HRS i A CLASS CODE CAS r ? CRIMINAL CASE TO o~ ! HRS HOW RECEIVED [3 NON CRIMINAL DESK OFFICER ? CALL FOR SERVICE m ? OFFICER INITIATED / PA OFFI ER C n CO NTEP.REPORT PAGE OF ; C3 L INCIDENT LOCATION . m °c 1 ! acs ~O/ A NBR STREE NE I TYPE DIR APT. SECTOR T BLOCK ? COMMERCIAL BLDG. ? PUBLIC BLDG. ? SCHOOL ? COUNTRY CLUBIGROUNDS 1 ? INTERSECTION ? INDUSTRIAL BLDG. O PUBLICPARK ? BANK ? OTHER N ? PRIVATE HOME ? MULTI DWELLING ? PARKING LOT ? CHURCH PERSON INVOLVEMENT COOPS C - COMPLAINANT F-FINDER M - MISSING PERSON R- REPORTING PERSON V-VICTIM D - DRIVER I- INJURED I ACED O-OWNER S - SUSPECT W- WITNESS E- EMPLOYEE J- JUVENILE P- POLCE OFFICER U-UNKNOWN Z-OTHER ±ERSON TNAME FIRST MI ADDRESS SS E- PA/t/ A c HOME PHONE BUSINESS PHONE OCCUPATION 36-69 S<xfsM MPLEXpN .vf QE%, - DOB AOE HOT WOT EYES / HAIR RACE CODES P A-ASIANIORIENTAL B - BLACK H- HISPANIC I -AMERICAN INDIAN 0-OTHER W - WHITE E PERSON LAST NAME FIRST MI ADDRESS R S O CODE HOME PHONE BUSINESS PHONE OCCUPATION N S RACE SEX DOB ADE HOT WOT EYES HAIR COMPLEXION PERSON LASTNAME FIRST MI ADDRESS CODE HOME PHONE BUSINESS PHONE OCCUPATION RACE SEX DOB AGE HOT WGT EVES HAIR COMPLEXION Nwrauve: (Prim w Type Onlyl IL~BT vs cs-st7D.V ~iccs ~ Sf~~ ,~a~ts icl i> v~" 'P?sjt w/l1dS 9J % LeriN7/DJ/ r7J~ /Jw'.P/ ltJf}S ,l~r~N ~~.f~~2r~iy- IC~i'r Z~~rcc£ .~aSO ~Izrf ~ ~ Scsi~ /N ` 1 /A•(J! ,~c19s i ~~~sn ~}J.PPG mini !5r/;2!F- s l=eis 61keZ9 Axpf e,4, ,v4- ~s v A/ s /,~Azc~ c POTS-11A CASE NUMBER 4 ^I , S 8 INCIDENT REPORT REPoRTEO , DATE HSS ACTIVITY NUMBER Southold Town Police Dspsrtmenf Flouts 25 PeooI N" York 11958 OCCURRED CAS DESCRIPTION S1S78S2600 FROM HAS CUSS CODE CA TYPE ? CRIMINAL CASE 70 - HRS HOW RECEIVED CJ NON CRIMINAL DESK OFFICER s )1V CALL FOR SERVICE rn V = O OFFICER INITIATED PAGE OF ' PATROL OFFICER L V INCIDENT LOCATION n1 O m A NBR EET NAME TYPE OIR APT. SECTOR T V' BLOCK p COMMERCIAL BLDG. ? PUBLIC BLDG. ? SCHOOL ? COUNTRY CLU31GROUNOS INTERSECTION ? INDUSTRIAL SLOG. ? PUBLICPARK O ? BANK O OTHER N PRIVATE HOME p MULTI DWELLING O PARKING LOT ? CHURCH PERSON INVOLVEMENTCODES C-COMPLAINANT F-FINGER M - MISSING PERSON R- REPORTING PERSON V - VICTIM D- DRIVER I- INJURED I ACED O.OWNER S-SUSPECT W: WITNESS E-EMPLOYEE J - JUVENILE P- POLICE OFFICER U-UNKNOWN Z-OTHER PEr~SON LAST NAME FIRST MI AOOFIESS / A"I'A {/l 1 1(A CODE HOME PH E BUSINESS PHONE OCCUPATION c RACE SEX DOB AGE HGT WGT EYES HAIR COMPLEXION RACE CODES P A - ASIANIORIENTAL 8 -BLACK H - HISPANIC I-AMERICNiNDIAN 0-OTHER W - WHITE E PERSON LAST NAME FIRST MI ADDRESS R S O LADE HOME PHONE BUSINESS PHONE OCCUPATION N S RACE I SEX DOB AGE HOT WGT EYES HAIR COMPLEXION PERSON LAST NAME FIRST MI ADDRESS COOS HOME PHONE BUSINESS PHONE OCCUPATION RACE SEX D08 AGE HOT VAST EYES HAIR COMPLEXION Narradve:(Prht Or Tyl» 011 J P n'J 1i1 f..9 J ;i ^//Y MJnc`w. .~d/~iF('tl..^ V~ - 1 ,A,2A'£A r f9v/r r. /011 .je,4"x C If /0 H'~l:l Iv/r'O °~IhJ'.i'- V`LA r <1 M~•/Y ` r -f / Q.1•~~ G^ v pn L Q• r ~o'/UI fCL U 1 /i'.~. At j cu, Z2 POTS-IA CASE NUMBER (I (lam INCIDENT REPORT REPORTED E • r/ uthold Town Pollee Department 'as ACTIVITY NUMBER Route 25 OCCURRED Pe Ic, New York 11958 E 1~SCRIPT/ N 518.785-2800 FROM CAS5 CL HRS K ~ C Z. CLASS CODE 11 CASE TYPE RIMINAL CASE TO HRS ? NONCRIMINAL DESK OFFICER A HOW RECEIVED ^ N ALL FOR SERVICE f J / m ? OFFICER INITIATED PATROLOFFICER / 2 ? COUNTER REPORT PAGE Of I ~e7CC L INCIDENT LOCATION ~1 9 C O?a /K( 1Ilc~-- - - /~v I' A NBR STREET NAME TYPE DIR APT. SECTOR T ? BLOCK O COMMERCIAL BLDG. ? PUBLIC BLDG. ? SCHOOL ? COUNTRY CLUB/GROUNDS 1 ? INTERSECTION 13 INDUSTRIAL BLDG. 13 PUBLIC PARK ? BANK ? OTHER N 1q PRIVATE HOME ? MULTI DWELLING ? PARKING LOT ? CHURCH PERSON INVOLVEMENT CODES C - COMPLAINANT F- FINDER M- MISSING PERSON R- REPORTING PERSON V - VICTIM O- DRIVER 1 -INJURED/AIDED 0.OWNER S - SUSPECT W-WITNESS E - EMPLOYEE J- JUVENILE P- POLICE OFFICER U-UNKNOWN Z-OTHER PERSON LAST NAME FIRST MI ADDR / / W c „c,4 A j(~ -7117 1 CODE HOMEPHONE BUSINESS PHONE OCCUPATION Z 5~ Czz:/ . RACE SEX DOB AGE HOT WGT EYES HAIR OOMPLEXION RACECODES P A. ASIAN/ORIENTAL B - BLACK H- HISPANIC 1 -AMERICAN INDIAN O-OTHER W-WHITE E PERSON LAST NAME FIRST MI ADDRESS R S O CODE HOMEPHONE BUSINESS PHONE OCCUPATION N S RACE -SE% DOB AGE HGT WGT EYES HAIR COMPLE%ION PERSON LAST NAME FIRST MI ADDRESS CODE HOME PHONE BUSINESS PHONE OCCUPATION RACE SEX DOB AGE HOT WGT EYES HAIR COMPLEXION Narrative: (Prim m Type Only) / C)AA/~ 4 ,L(K 11 i~o? !/~L,b1 i%s ! dly~ lS /-,P4„ii nr: G'~^FJ ffr'~it Gi°~ r;.,2(i?,: )~'~i %/riT1 Si?4 ~ c?i?(?iwAS ~zi.r Kr...f ,G ~£s..i..; o~Sil/S E~~.`-do M/v;1[~,I C. ~c~~)n ~,I~~c A,7F I/ ~~C it •2S n, , ~T- PDTS-1 A -ASE NUMBER q ~p3v ONCIDENT REPORT `~DA~° '.*2t 0 0 MRS - 9autheld Town Potia OBpBTGnBnt ,CTIVITY NUMBER PaCOnk, NRWIs 23 ow Yak 11858 OWURRED 616706.2000 -FROM . HAS ;_ASEOE3CRPTION 1~I5(u2RgNC4 e~?}IL _ _ =Y.LS9 CODE BASE PE O CRIMINAL CASE, Has _ NCN CRIMINAL OESKOFFIOER -OW RECEIVED _ _ 111 ~11`CALL FOR SERVICE /1 _ PATROL OFFICE 2 O OFFICER INITIATED PAGE OF 1 _ _ - O COUNTER REPORT LO INC rfFNT LaGAT1ONi '1 M(f l6J G~G 9 C A NBR 9TREETNAME TYPE -.DIR. APT. SECTOR T' O BLOCK - rp COMMERCIAL SLOG. O PUBLIC BLOM O SCHOOL O COUNTRY CLUBIGROUNO3 1 O INTERSECTION O INOUSTRIALSLDO. O PUBLIC PARK D BANK O OTHER N O PRIVATE HOME O MULTI DWELLING O PARKING LOT O CHURCH ;PRSQN INVOLVEMENT CODES C. COMPLAINANT F•FINDER M• MISSING PERSON R-REPORTING PERSON V•VICTIM W O-DRIVER 1-INJURED/ADEO G-OWNER 9•SUSPECT W-WITNESS d E. EMPLOYEE J - JUVENILE P-POLICEOFFICER U-UNKNOWN Z-OTHER TNAME OAST MI I 47_4 RE[S G, PERSON /I DIrL C Y of ( 4 Z -jq t GIC c~E~14 COOE H MME PHONE BUSINESS PHONE OOMPATION/ G 2~ ~6L„ RACE 9E% DOB AOE HOT WOT EYES "A COMPLEXION I,J rl (it v RACK CODES P A-ASLIWOMENTAL B-BLACK N-HISPANIC I-AMERIOANINDIAN 0.OTHER W-WHITE E PERSON LAST NAME FIRST MI ADDRESS R SO CODE HOME _PHONE BUSINESS PHONE OOCUPATION N S RACE SEX DOB AOE NOT WOT EYES HAIR COMPLEXION pERSCH LAST NAME FIRST MI ADORE53 CODE 140ME PHONE - BUSINESS PHONE OCCUPATION RACE SEX _ 008 AGE HOT WOT EYES HAIR COMPLEXION NwraSve.(PrbrcaTYA*OnM - AA AA F ? ,Q (,2kclor r11.1(F l~ h!) vr/7; W1( fGF.t' I, f if Ascw,l Z ^IfLS..{{., lIh< C, a CUB h An orm" I[ ~n /JoYr( ~ .;ca> /r?c~jt ~,M- o rf(-~(A 21 VA r dti P c ',Aw n, q ,2 Q~Co~o f~~ rPi.~s.~ (iS~FeSI~LZLQ [~Il~ /jjIF Sf zS~S~MSL( £/Z r'e POTS-1A - ,E wMaER ? _ OCIOENT REPORT ae CATS ~oz0 = ~Ul p8/7 " : NRS 9 ? a s Southold Town Pallor N"nmsmt IVITY NUMBER - Rpite 2S OCCURRED - - -a- P,-, " Naw York11858 q FROM Lr/9'/~ was 3E SGRWTX)N . . TO HAS CA PE 0 CRIMINAL CASE .A39 CODE - NON CRIMINAL - DESK OFFICER yN 3LBALLFOR SERVICE - I PATROLOFFICER 0 OFFICER INITIATED _ _ PAGE~OFL.._ _•_-/tjJ~/-i S a COUNTER RE.°ORT • / ! L In m L Wanrifir LOCATION 0 of OI A - R APT. SECTOR .....t - NBR STNEET NAME TYPE T a BLOCK W-COMMERCIAL BLDG, a PUSUCBLOG. ? SCHOOL C] COUNTNYCLUBA3ROUN09 I a INTERSECTION a INDUSTRIAL BLOC- a PUBLICPARK a BANK a OTHER N 0 PRIVATE HOME 0 MULTI DWELLING 0 PARKING LOT - 0 CHURCH PERSON INVOLVEMENT CODES a. COMPLAINANT F-FINDER M. MISSING PERSON R•PEPORTINGPERSON V-VICTIM 0.ORWER - I.INJURED/ACED O-OWNER S-SUSPECT W-WITNESS - E-EMPLOYEE J. JUVENILE P•POLICEOFFICER U-UNKNOWN Z•OTHER w/7,L 7-tle 1L PERSON LAST NAME FIRST MI ADDRESS / g7O h' / DXMO Ode-O1J` ~~j,"1 ~GG9 ri CODE HOME PHONE l+ SUSIHESSPHONE OCCUPATION G X98 'LJ •Z Z2 C/v RACE SEX 008 A" HOT WGT EYES MR COMPLEXON y'S YG RACE CODES P . A• ASIAWORIENTAL 6-BLACK H-HISPANIC 1•AMEPICAN INOUN O.OTNER W-WHITE E PERSON LASTNAME FIRST MI ADDRESS R O COOS HOME PHONE BUSINESSPHONE OCCUPATION. . $ MCE I SEX 008 AOE HOT WGt EVER HAIR COMPLEXION U EE STNAME - FIRST MI ADDRESS - HOME PHONE BUSWE59 PHONE OCCUPATION PACE SEX DOS AOE NGT YABT EYES HAIR COMPLEXION Nwadvr. (PrYK w TSpa Onl» ff r?~r Fj L /Poo At-0 LU rA1 V`:5It- /97r ~ L iJV/L D/ t1 of / r A cr~1`i tl2F t/. ~'/1rF tL O1 ' ~oa6 ~ OC/y/,4/Y Ci N/T. ~ CGC/8 /9- ~=`FYL . orrz-/£' f.,a ov 0!i-4'0 /a v~"rJ o N / F,r~ /yo- D ".9b r / r,?A.rn-C' i~ci C,?r o") r° SASE NUMBER Q .INCIDENT REPORT REPORTED • 3 > arI SoutholdTcWR Pate Department DATE S-~ c) - .9 S^ _ :i ~l ° File .-TNITYNUMSER. . Route 25 OCCURRED Po ;c, Now Yolk 11858 ?A EOESCR`T'ION 514-78&2WO FROM S - 1 l - 7.•t0 0 MRS.. P\yl eh t?.1 .(~CysS.1f Ina 3t3 HRS ,:LASS CODE cAA ETrPE dCRIMWALCASE, -.TO 0 NONCRIMINAL DESKOFFICER m tiOW RECEIyED m WjU FOR SERVICE PATROL OFF ? OFFICER INITIATED PAGE OF-.LI- . C Crr';1 <R RETCR' -F A2 nl -L ®W - L - -n . - lNglarmnocAn2i C( u~aAfLi~ y- - rl l2~ -W XT_'C A NOR B EETNAME TYPE (TR APT. SECTOR T T . ? BLOCK ? COMMERCIAL BLOO. ? PUBLIC SLD0. _ ? SCHOOL ? COUNTRY CLUBKJROUNOS ? INTERSECTION ? INOUSTRIALBLOO. V PARKING PARK ? BANK ? OTHER zoo N ? PRIVATE HOME ? MULTI DWELLING B~ PARKING LOT ? CHURCH Pr RSON INVOLVEMENT CODES C.COMPLAINANT F-FINDER M - MISSING PERSON R- REPORTING PERSON V - VICTIM O-DRIVER I.INJUREDFAIOED O.OWNER - S-SUSPECT W-WITNESS E-EMPLOYEE J - JUVENILE P- POLICE OFFICER u.UNKNOWN Z-OTHER PERSON LAST NAME FIRST MI ADDRESS 3 (~U Np I~faK~ ] No <cucr6 1) f- J4 L/< ROJJ Ko~/I~aJPACNI CODE HOMOPHONE 10 SINESS PHONE OCCUPATION I( 11 Pit 5-2 21~ `cS1,0 iYCL. C a1-tRIz RACE SE% 008 AM HOT WOT EYES HAIR COMPLEXION w f= N-a---7 S' ?o RACE CODES P A-AS IAWORIENTAL 8-BLACK H-HISPANIC 1-AMERIOANINOIAN O.OTHER W-WHITE E PERSON LAST NAME FIRST MI ADDRESS R SO CODE HOME PHONE BUSINESS PHONE OCCUPATION N S RACE SEX 008 AGE HOT WOT EYES HAIR COMPLEXION PERSON LAST NAME FIRST MI ADORESS CODE HOME PHONE BUSINESS PHONE - OCCUPATION - RACE SEX ...008 AGE HOT WO T, EYES HAIR COMPLEXION Nwaadya: (PrM m TyPo Only) ,V IS1L$ol.( CS L7 OI<I; ~.l~f'~11 /c CAJnnrMI)04J mt^ Vl: t~G/s I>HT~(~trrj t) 1_H.,( /~r.f rLL(J$nCJC..- 1'tc K. ~t 5<Ails~ NO Yea LuAx aGJ~f i IA t3taG. UIL.IOt.I!-SfGNI~Q ~I~C_C9U1?JL.t~L) l~.lrat~ S4c/C mN (ti Z Jtit I- K oL~l L O 1 1 r C L b L C la iC (.v to !t r r r_ u ?t N 1 LJ i i L? ~cL Tb y POTS-TA.... rASE NUMBER NCIDENT REPORT REPORTED GATE 1 ~NRS C 3~ 3L Ofd Town PGffp Oepardnsnt ACTIVITY NUMBER - RaNe 25 OCCURRED PeaXNC. New Yak 11958 /j{ -CASEDESCRIPTION 516765.2600. FROM Zts C 1t11ti\1~1d.<m(scLlcl Y~4lLlu)•UO TO $t/-c.S I 1 Q~~o •~ya L,Rg CLASS COOELI~ CASyF TYPE Mt-RIMINAL CASE p NONCRIMINAL DESK OFFICER AOW RECEIVED _ m D CALL FOR SERVICE 1 PATROL OFF _ f1 OfFK:ER PRTIATEO PAGE OF--L _ _ CWNTER REPORT --lU] A W m m O wJprNTLOuTICN c F61 A NSR STREET NAME TYPE Out APT. SECTGR T O BLOCK O COMMERCIALBLOG. O PUBLIC BLOC. G SCHOOL O COUNTRYCLUWGROUNOS O O INTERSECTION O INOUSTRULBLDG. O PUBLIC PARK O BANK O OTHER - - N O PRIVATE HOME 0 MULTI DWELLING O PARKING LOT O CHURCH of RSON INVOLVEMENT CODES - C-COMPLAINANT F-FINDER - M-MISSINGPERSON R- REPORTING PERSON V-VICTIM w D-DRIVER 1-INJUREOMIOED O-OWNER S-SUSPECT W-WITNESS - r E-EMPLOYEE J-JUVENILE P-POLICEOFFICER U-UNKNOWN Z-OTHER PE ON LAST NAME FIRST MI ADDRESS V f Of L"atAILIGu1=t. d,L;1?wr C~ 40 y~GDir Ca YYIAai i 11~cJC CO E HOME PHONE BUSINESS PHONE OCCUPATION ;.4r-a303 24F-4fyr ICRIa1Gf3.c w1_cc*e. -Co RACE SIX 008 AGE HOT WOT EYES HAIR COMPLEXION RACE CODES P A-ASIANIORIENTAL B-BLACK H-HISPANIC I-AMERICAN INDIAN O-OTHER W-WHITE E PERSON LAST NAME FIRST MI ADDRESS R SO CODE HOME PHONE BUSINESS PHONE OCCUPATION N S RACE SEX DOB AGE HOT INGT EYES HAIR COMPLEXION PERSON LAST NAME FIRST MI ADDRESS CODE HOME PHONE BUSINESS PHONE OCCUPATION DO R COMPLEXION RACE SIX B AGE HOT WOT EYES HAI NwaSve. (PrkK a Type OnI» r a',YCOn15 orc 1'RSo [71 ka•t614c Ooi pv SfOt? I- Del%a-t CI ctu d . k4s-%?. io" &1:r13Att-{(y l.~S \7vw KA A-IJ 1~nrv~.dG1-1G )'~as~ S a•.lJ Bv~(-o ~J1i11~11 T Lla.t, 131 ••f tqirt.IC1-sCo V4(?JC A41G 4 C t04 U'c /'pAZ(Cr [G~pC Vi~A U I I< 1_ (:i ~ S l S A l {4 c, POTS-1A -.ASE NUMBER 4RNCIDENT REPORT D REPATE° j n Q~ RATE ~7 D MRS cTWrtr NUMBER Southold Town Police Depaltment Route 25 OCCURRED Pe Ic, New York 11958 -ASE ON 1 r 516.765.2600 FROM MRS O /'IPT ~7?4J f -LASS CODE - _ - CASE PE ? CRIMINAL CASE lO _ MRS ~NCN CRIMINAL CESKOFFICER -OW RECEIVED m %LCALL FOR SERVICE PATROLOFFIDER - / z ERINITIAO D PAC: -CF NTER REPORT 9 L INCIDENT LOCATION C A NSR STREETNAME TYPE DIR APT. SECTOR T ? BLOCK ? COMMERCIAL BDG. ? PUBLIC BLDG. ? SCHOOL ? COUNTRY CLUBIGROUNDS 1 ? INTERSECTION ? INDIISTRIALBDG. ? PUSUCPARK ? BANK ? OTHER I N ? PRIVATE HOME ? MULTI DWELLING ? PARKING LOT ? CHURCH PERSON INVOLVEMENT CODES C.COMPLAINANT F-FINDER M• MISSING PERSON R- REPORTING PERSON V-VICTIM O-DRIVER 1-INJURER/AIDED O-OWNER 3-SUSPECT W-WITNESS E-EMPLOYEE J-JUVENILE P- POLICE OFFICER U•UNKNOWN Z-OTHER PERSON LASTNAME FIRST MI ADDRESS CODE HOME PHONE BUSINESS PHONE OCCUPATION RACE SEX COB AGE MGT WGT EYES HAIR COMPLEXION RACECODES P A-ASIA NIORIENTAL S - BLACK H-HISPANIC 1-AMERICAN INDIAN O-OTHER W-WHITE E PERSON LAST NAME FIRST MI ADORESS R O CORE HOME PHONE BUSINESS PHONE OCCUPATION N I _F S RACE SEX DOB AGE MGT WGT EYES HAIR COMPLEXION PERSON UST NAME FIRST MI ADDRESS CODE HOME PHONE BUSINESS PHONE OCCUPATION RACE SEX DOB AGE MGT WGT EYES HAIR COMPLEXION Narrative: IPrkK W Tyre OnW ,1 /A r s 7- o C c ire/ S z r ES~p /Y.wt eGec ~e~ viol, ` POTS-11A CASE NUMBER *INCIDENT REPORT REPORTED 1 DATE /~0 MRS 9S -?SSouthold Town Police Department ACTIVITY NUMBER Route 25 OCCURRED _ PaCOniC. New York I IB58 - CASE DESCRIPTION 616.76&2!00 FROM HRS.., Llczc . - Mme cu ZCOOE CASE PE ? CRIMINAL CASE tyf NONCRIMINAL [;L ER 11 HOW RECEIVED nt CALL FOR SERVICE ROLOFFICER O OFFICERINRIATED PAGE~OF ~,~G~...~//Y~!/~' m O COUNTER RE.RORf m L IN ID NT .ATION 476,g W A NOR STREET NAM TYPE DIR APL SECTOR T ? BLOCK O COMMERCIALBLDO. O PL8lC8LDG. D SCHOOL O COUNTRYCLUBIGROUNOS O INTERSECTION O INOUSTRIALBLDG. O PUSUCPARK O BANK ? OTHER N O PRIVATE HOME O MULTI DWELLING O PARKING LOT ? CHURCH RERSON INVOLVEMENT CODES! - C-COMPLAINANT F-FINDER M• MISSING PERSON R- REPORTING PERSON V-VICTIM V`J O-DRIVER I-INJURED/ACED O-OWNER S-SUSPECT W-WITNESS E•EMPLOYEE J-JUVENILE P-POLCEOFFICER U-UNKNOWN Z•OTHER PERSON LAST NAME FIRST MI ADDRESS / LEA G/.~C ~-rQ 0;~/1~E' .Fdfr o.~ o CODE HOME PHONE &J91NE34 PHONE OCCUPA N 0 ?;_2 3c,) 3 X79- RACE SEX ook At* 2~ HOT WOT EYES HAIR COMPLEXION A/ 1 RAP CODES P A-AS UNORIENTAL 8•BLACK H-HISPANIC I-AMERICANINDMN O.OTHER W•WHITE E PERSON LASTNAME FIRST MI ADDRESS R SO CODE HOMEPHONE BUSINESS PHONE OCCUPATION N S RACE SEX I I DOB AOE HOT WGT EYES HAIR COMPLEXION PERSON LAST NAME FIRST MI ADDRESS CODE HOME PHONE BUSINESS PHONE OCCUPATION RACE SEX 008 AGE HGT INGT EYES HAIR COMPLEXION Narrative: (Pr" w Type Only) XX-7 - /-7-/cr ~ dll F ST OF Sli'iscrif !//fo.{ u//Cii ~J%~r~ f ~o~E` C~ri~/ /d~'`if~N ~ r,¢T OGFi2=f/ C//~ iPctF. /7J 0.66.6' .y.B,UeE`.RS AV 4 A14VeA Alc"f; - A~7 s~~F GAOL ~Z' 7 2.6'2 . POTS-1A NUMBER / 1/ I OC'DEN REPOR ,.::i AEPORTW DATE H~ ?A V Southold Town Pollce Wparhn.*nf,- ~WITYNUMBER f Route 25 OCCURRED i . - . Paoonk N!" Yore 11836 FROM., 'QCESCAp S TO SQ/U Jr CASE TYPE CRIMINAL CASE HAS .gg000E~~/ - _ OESKOFFK:ER. p} N ' Cl NON CRIMINAL • ~ ~ ' In - ~CALLFOR SERVICE P FRO OFF R ? OFFICER INITIATED PAGE CF ~,t,;;.:.Y _C~ _1` 5 ? COUNTER REPORT L NcipENT ATION 9 C - TYPE DIR APL SECTOR r ~ J_ Cn T - NBA BLOCK _ STREET C2 NAME COMMEROIALBLOG. ?_PUSUC8LDG.. _ C3 SCHOOL ? COUNTRYCcu&,OROUNOS 1 ? INTERSECTION ? INDUSTRIAL SLOB ? PUBLIC PARK ? BANK ? OTHER N ? PRIVATE HOME ? MULTI DWELLING ? PARKING LOT ? CHURCH P9RRSQN INVOLVIRMFNTCOOES C-COMPLAINANT F.FINOER M. MISSING PERSON R-REPORTINGPERSON V-VICTIM O - DRIVER I.INJUREOIHOED O-OWNER !-SUSPECT WWITNESS - E-EMPLOYEE J. JUVENILE P-POLOEOFFICER U-UNKNOWN Z-OTHER PEPS LA31 NAME FIRST MI ADDRESS 4// e/r ! 3 smr It 2d HOME_WCNE V e /J BUSINESS PHONE IN 1qT WOi EYE! HAIR COMPLEXION AGE RACE RACECOOE9 ND I-AMERICANINDAN O.OT14ER WWHITE 8•BLACK N-HISPANIC P A•ASIARIENTAL EE PERSON LASTNAME ST MI ADDRESS ~i Ife -*AD e)r dk 7A1Z;e144 s g,P~I BUSINESSPHONE OCCUPATION N o u o 2gy- 207 s RACE SEK DOB HOT YNT EYES HAIR COMPLEXION Loe All Go JAD PERSON LAST NAME FIRST MI ADDRESS CODE HOME PHONE BUSINESS PHONE OCCUPATION RACE SEX 00a AGE MOT WGT EYE! HMR... COMPLEXION NwaBvw: (PrRR w - 0AI4 ~tl? sd.LdcJ~ aLkaxt- 4 wl•:tC /Ma.tc. to`F .0":f e,~ 9 ?or:;d?cL 41/4 /C rn ~!t~n S~rJ!~ ~~aG 6n ~ YrOn Y~( ?14" SiG~e r, A t.4 w, /+%h a..J sac /[/a Os/ / co vLe 4,ror4 t d • ?-Of 414, sd del/ VtA* l G(~Tvtr A X kIS (41/]211dN/11 Ca- 44'e- .12-1 yRe 60h if""Cf aid rdl. QIWi q d ('uultd 4n IL r4 Aa h/s l to d, -ere.W rtre ue le5~d>`cltA/ g.-d ~iurf n 4.a/ PdA ~Jo Et IN. f>Na a 1`n ¢ 4+T A A/?~¢sssJ K/Lis ¢uC•.Te a G-La/ Ae -,7o u&s Sic Ltd croA. d ly yN~It ci. ti~v+.n A?4 ye /0;.g P7V'~- a/A.4d 41,4 4LLre k/Ift L,_ oS Ib yv r?~:~t r+a/CS it 41.6r can 20 's- 'i d 14 01111 NA Pkfle~l T" /4/h7PA/tf 5 /aT r`-Li. 1460 16s P I aTC/ slL ~..T FIA~el mado~Ta( 4440 kvkaa/ ~4..: 46'Lc4e,4T?t.s "rLo-yd,ct4, lt'6{ ~4 rL~ta SOLdIT r 3rF. f1reA r 1sLwe 1 _ POTS-tA . - + &CIDENT REPORT RE OA RTED Z 3 w _.ot/32 HAS ~.E NUM3ER " U Southold Town Police 00parDnom OCCURRED 7 VITV NUHBEA R0IMM 2S - Paonlq Nev York 11856 31676.f16OM1 FROM MRS, oU~G Ru ro - --~HRS.c. Asti CO0EOO0E ~,i•, CASE PE O CRIMINAL CASE - IM _ DESK OFFICER I Q WON CRIMINAL In AL NEOL NJA SERVICE - r. PATROL OFFICER O OFFICER INITIATED --"PAGE OF__ - ..G./._ 0 COLNTERREPORT A csar f /f n%C _ c STREET NAME TYPE UR APT. SECTOR , A NSA 0 _ • ' 0 BLOCK ~CgMMERCIAl SLO0.... 0 PUBLIC am 0 SCHOOL COUNTRYq.UBrOROUNO9 T 0 INOUSTRIALBLOG. O PUBLICPARK 0 BANK O OTHER p INTERSECTION 0 0 PRIVATE HOME p MULTI DWELLING O PARKING LOT 0 CHURC14 PERSON INVC)LVEMENirpm C•COMPLAINANT F•FINOER M. MISSING PERSON A. REPORTING PERSON V•VICTIM . SUSPECT W • WITNESS 9 Z O - DRIVER REO/AGED O.OWNER Z•OTHER E-EMPLOYEE i - JUVENILE P•POLICE OFFICER U. UNKNOWN FIRST MI ADDRESS PERSON LA Lc( p TNd • / _ OCR / GAC J PAPON CODE NOME PHONE BUSINESS PHONE c ZYq '113° RACE SEX B/ AGE MGT WGT EYE! HAIR COMPLEXION 3 7D 7f RACE== 0- OTHER WWHITE A•ASIAwORIENTAL B-BLACK H•HISPANIC 1•AMERICANWO(AN P F ST MI A()CRESS $ CY 7K'1 Lyles p'I W OCCUPATION _ E EcooFN I.AST/NAME s HOME PHONE BUSINESS PHONE $ SEX DOG AGE HGT- WGT EYES HAIR COMPLEXION RACE ti VCA FIRST MI AGGRESS Ec LASTNAME OCCUPATION HOMEPHONE - RACE SEA 006 AGE HOT WOT EYE! _ _ HAIR COMPIE%XIN - Nwadvw (PtVn w TyPs Only) Ael C# P. 4/d NIL £ rn ia. 10 J'v rl&flt W/ul ol%- /.i I%N ~?)n v f oni ~,I /,/If CIFr. ~ /~~AN ~~G.A~/ L4a?t u,•.~; c.e d(t' l~Pti , V/Lp t ASE NUMBER 'DINCIDENT REPORT REPORTED J~•~ DATE HAS Southold Town Pollu 0"irb" A - - FF !_TNnY NUMBER - - Flout; 25 OCCURRED vT _ Peconlo• 1,1" York tiB58 - ASEO A TION~~ C_,_• /C.` F• 6167t11F1E00 FRam. HRS._ /cG lirr~'d: i .xASS COCO /y) CAS n'PE ? CRIMINAL CASE TO HAS LEON CRIMINAL DESK OFFICER ; CWRECENEO._._ _..._._J.. D CALL FOR SERVICE / I ~FFICERINRIATED + PATROLOFF!CER / perr_OF F C; IxX;NTERREPORT L INCIDENTLOCATION n / s1 / / to c Oct A NSR STREET NAME TYPE OIR APT. SECTOR T 0 BLOCK MMERCIALBLDG. 0 PUBLICSLOO. 0._SCHOOL 0 COUNTRY CLURIGROUNOS " 0 INrCUSTRIALI&LOM D PUBLICPARK 0 BANK O OTHER 1 O INTERSECTION N 0 PRIVATE HOME 0 MULTI DWELLING O PARKING LOT 0 CHURCH jFRSON INVOLVEMENT CODES C.COMPLAINANT F-FINDER M - MISSING PERSON R - REPORTING PERSON V-VICTIM O.ORNER - I-INJURED/ACED - O.OWNER S-SUSPECT W-WITNESS E-EMPLOYEE I-JUVENILE P-PPOLCEOFF)UR U-UNKNOWN Z-OTHER/J~ E7- N/ CI \....9-n MI / IgW~E3g HOME C1~L.1 ly a_1'-Hr BUSINESS PHONE p0 RACE SEX DDB AO HOT WGI EYES d/`yI HAIR COMPLEXION PACE CODES IS A-AS WWORIENTAL S - BLACK H -HISPANIC 1-AMERICAN INDIAN O-OTHER W-WHITE E PERSON UST NAME FIRST MI ADDRESS R 0 CODE HOME PHONE - BUSINESS RHONE OCCUPATION N $ - RACE SEX 008 AOE T WGT EYES HAIR COMPLEXION PERSON LASTNAME FIRST MI :4 ADDRESS CODE HOME PHONE. _ BUSINESS PHONE OCCUPAMH RACE SEX OOB AGE HGT WGT EYES HAIR COMPLEXION Nwadva.(PnrNt a Two W / Jx 40i'W&•IJU /15413 ~f'G~ l.T ,fs owl, - t: rte/-97 - . ,53 „ HAS 3E NUMBER a p,~ gCIDENT REPORT D REPREPORTED A,~ 9 D. Southold Town Pollee Department ]TNIT/NUMBER FW* 25 OCCURRED PKp+b, Ned Yak 11958 , . _ <;E ;17'e FROM MRS t ~!f?4S - TO' MRS '.LSSCDOE CASE TYPE {1 CRIMINAICASE DESK OFFICER b INCH CRIMINAL ' - ' _ m -WPECENED ~?CALL FOR SERVICE ^ - - PATROLOFFCER c l3FICER INITIATED COUNrERREPORT m m mrlneNT C A NBR STREETNAME TYPE OIR APL SECTOR . T ? BLOCK lCOMMERCIAL BLDG O PUBLIC SLOM O SCHCOL ? COUNTRY CLUBIGROUNOS 1 ? INTERSECTION ? INDUSTAIALBLOG- O PUBLIC PARK O BANK - ? OTHER O ? PRIVATE HOME ? MULTI DWELLING ? PARKING LOT ? CHURCH N 9a oCR4ONINVOLVEMENT CODES - - - ' C-COMPLAINANT F-FINGER M•MISSINGPERSON R- REPORTING PERSON V•VICTIM O.ORIVER I-IWURWIADED O.OWHER S-SUSPECT W-WITNESS E•EMPLOYEE J - JUVENILE P-POUCEOFFIOER U•UNKNOWN Z•OTHER KRACE LAST NAME FIRST MI ADDRESS (/GLtn V f HOMEPHONE BUSINESS PHONE OCCUPATXON g 008 AGE HOT WGT EYES HAIR COMPLEXION RACE CODES P' A•AS AWORIENTAL 8•BLACK H-HISPANIC I•AMERICIWINOIAN 0. OTHER W-WHITE E PERSON UST NAME FIRST ML ADDRESS R $O COOS HOME PHONE BUSINESSPHONE OCCUPATION N $ RACE SEX DOB AOE HOT WOT EYES HAIR COMPLEXION PERSON LASTNAME FIRST MI ADDRESS CODE HOME PHONE BUSINESS PHONE OCCUPATION RACE SEX DOB AGE HOT WOT EYES _ HAIR COMPLEXION I Narra7vr. (PrM aIyP~OnIOS ' aIat L(d'G /iV a r/o r iris onn ? /~~~o CRG sHaa J2«a( /~~,o e~rr~+^Ct c r /s_f C.-e d 6y 140C J) QC yA~ ASENUMBER 4CIDENTREPORT REPORTED SouthoU Town Pollee 0*"rbn t DATE --CTNITY NUMBER • Route 25 OCCURRED - - - Po Ic, Now York 1 I BSB - ° , s~a~esseoo FROM S Tie MRS )AS DESCRIPTgN-~j~, , - TO Has A.ASS CODE CASE TYPE cilRIMINALCA-SE . DFICER - p NON CRIMIN C~~ AL _ R I~. - T~ D CALL FOR 9ERVICfi OFFICE 2 OFF!CER!N1T+A?ED . _ Perc~_OC 4 s O~L~dJNTER REPORT m A N8R STREE AME// TYPE GR APT. SECTOR T p BLOCK - - Q/COMMERCIAL BLOC. O FUBIq BLOM O SCHOOL C COUNTRY CLUSIGROUNOS O El INTERSECTION O INDUSTRIAL SLOG. O PUBLIC PARK C BANK O OTHER N O PRIVATE HOME O MULTI DWELLING O PARKING LOT o CHURCH PERSON INVOLVEMENT CODES - - - - _ C.COMPLAINANT F.FINOER M - MISSING PERSON R- REPORTING PERSON V-VICTIM O-DRIVER I.INJURED/ACED O.OWNER S. SUSPECT W.WITNESS - E.EMPLOYEE J - JUVENILE P. POLICE OFFICER - U-UNKNOWN Z-OTHER PERSON LASTHAME FIRST MI RESS - OCCUPATION - DOD HOME PHONE BU91NE39 HE C RAGfi SEX DOB AGE HOT YNT EYES HAIR COMPLEXION S"r r, RACECOOES P A-ASIA WO MENTAL B-BLACK H-HISPANIC 1-AMERICAN INDIAN O.OTHER W-WHITE E PERSON - LASTNAME FIRST MI ADDRESS _ S CODE HOME PHONE BUSINESS PHONE OCCUPATION N L I~aF-317 S RACE SEX PB AGE HOT WOT EYES HAIR COMPLEXION 17 PERSON LAST NAME 3o FIRST MI ADDRESS CODE HOMEPHONE BUS* INEm S.3 P HON IS _ OCCUPATION RACE SEX 008 AGE HOT WOT EYES HAIR COMPLEXION Aa r NwrBEYY.(PrNI Type OnW /f cab ~~//`T z l C%- rl 7zr sOF 1P2t~ -~E-vb~c.E crcuc.~-E: i~fC~ /f,~'l~ ~ ~'c/~.trt;As~ - c. t ~'lG. t1j .4 eO~*t e.A~LrT 7 L cal/v ~T ~ 1~K f~~iL1/Y~~ /~1 t/C.TT7G97jo•~/ d ~ 171 t (/F7tgC(y; CiGa~ jZc~ 9 - 1 - 2evcbsth sE NuMBER 9'yI OCIDENT REPORT REPOgTED ON HIRS Southold Town Police Dputrnent ;TWITYNUMBER Routs 25 OCCURRED Pena lq New Yo X 11930 - 5167854000 FROM MRS ISE CESCRPTION =I Q L CASE PE ° CRIMINALCASE TO HRS '.LSS CODE : ' - ~O O NON CRIMINAI.DESK OFFICER 1.. - - - DW RECEIVED m PATRfI}OFFICER Z p"CKLFOR SERVICE : z "OFFICER INITIATED PAGE OF ~ R ? COUNTER REPORT m m INCIDENT LOCATIOft ° r1~r~tn r/i~/ serf ~«ute ~L= A NBR TR ETNAME TYPE , OIR APT. SECTOR , A T ? BLOCK dt COMMERCIALeLDG. O PUBLIC BI.DO. ? SCHOOL O COUNTgYCWBlGROUNOS ~ ? INTERSECTION a INOUSTRIALSLOO. O PUBUCPARK O BANK O OTHER N ? PRIVATE HOME ? MULTI DWELLING O PARKING LOT O CHURCH vnr VeuENT GOOES C•COMPLAINANT F•FINDER M -MISSINGPERSON R•REPORTING PERSON V - VICTIM O- DRIVER 1•INJUREDIACEO O.OWNER S-SUSPECT W-WITNESS E•EMPLOYEE J. JUVENILE P-POLICEOFFICER U-UNKNOWN Z-OTHER ECOOGEN LAST NAME FIRST MI HOME PHONE BUSINESS PHONE OCCUPATION - to a2 w Tk- RACE SEX DOB AGE HOT WOi 14 EYES HAIR COMPLEXION M -5-7 ZI, RA 00 a NfO - I•AMERICANINOIAN - O.OTHER W-WHITE P A- ASIA RIENTAL BBLACK H-HISPANIC E E ST NAM FIRST MI ADDRESS S HOME PHONE BUSINESS PHONE - OCCUPATION N a -o $ RACE SEX - y DOB AGE FX7T WGi EYES ~1 HAIR F Q - 7c/ /f Z ~oC/ AJ~ C E0z2LFx1ON PERSON LASTNAME FIRST NI ADDRESS CODE HOME PHONE. BUSINESS PHONE OCCUPATION RAGE SEX DOB AGE HOT WGT EYE! HAIq CNarrative: (Print or Type Only) ~ dYL-• ~ ~ ~ a e n ,9 w i'uem I!II POTS-tA. MaER yr~~, DENT REPORT REPORTED DAIS II~ Southold Town Pollu DpadmoDt OCCUaRE0 - ' TY NUMBER Flouts 7S - i Petonle, New York 11856 HRS. FROM ~IESCRIPTION Ll L NILE GaTi TO HAS CODE CASF,TYPE O CRIMINAL CASE Elk •NI rOFSK FFIC NON CRIMIW1l_ - - _ m ?ECEIVED _ Z -CALLFORSERVICE L OFFI CER - - OFFICER INITIATED - - PAGE _LLOF G?T,yw~H~../ 3 COUNTER REPORT m INf ins-_NT LOCATON ~ - ~/QV/CG ~ `r 0` - OIR AST. SECTOR NSR. STREETNAME TYPE p SCHOOL p COUNTRY CLUBlGAOUN09 ? BLOCK 6<COMMERCIAL BLDG. ? PUBLIC BLIXL ? OTHER C3 INTERSECTION Cl INDUSTRIALBLDO. p PUBLIC PARK O BANK p PRIVATE HOME ? MULTI DWELLING p PARKING LOT p CHURCH f -.•~.•••n. yFMFNT CODES M-MISSINGPERSON R - REPORTING PERSON W VICTIM C-RNANT I-FINGER S-SUSPECT Z.OTHEESg O. DRIVORIVE OED O.OWNER U.UNKNOWN OTHER E-EMPLOYEE i . JUVENILE NILE P•POUCE OFFICER ADORES$ PERSON LAST NAME FIRST MI / c r. (2 Si4A.J~ l.AN lam/ T• /j I ll'1f 11'(2 LU OCCUPATION CODE HOME PHONE SINES PHONE z OOB 9 AGE HOT war EYES HA R COMPLE%qN RACE SEX RAC -ASIAWORIENTAL B•BUCK H•HISPANIC 1-AMERICAN INDIAN O.OTHER w • WHITE q A FIRST NI ADDRESS PERSON LAST NAME BUSINESS PHONE OCCUPATION CODE HOME PHONE AGE HOT WOT EYES HAIR COMPLEXION 3 RACE SEX DOB ESS FIRST MI ADDR " PERSON LAST NAME i CODE NOME PHONE BUSINESS PHONE OCCUPATION , - OOB AGE l1OT WGT EYEg HAIR COMPLE%ION PACE SE% ' Nwradve. tPrhK of TyPe OnI» ' 4,-: /?c'CEI vE4 APo~T o: .4 !7/ 5r.A3 oA~ c .47 3a v Lo c•, rivni ESPoNDFO /7i s~ Atg r d zoos ~GG<TS /vr,ot f J3tiiG D/~'/ ~ AA•AD OvT'S . D ~ O~ S/~~s~ . , .~NS. D~ d F !3 r/. t,0/ N ~ ~X i 2<< C v?~ CEO L?SD OPA`~ , /3G"v6j2.4aCs ALcoNoL ZTfA/c C'o/~Sv~rED aL,~sIOE OAS l3vlCD/~/G CAOU 865 7 AA40 9Y -56Y~ G'ovTn/v~r. ;Elv STiQq-nwA 70 ~Se NaMBEn G, ,Zy/ Q INCIDENT REPORT REPORTED { f HAS Southold Town Pollw Mputm«It DAM -rmTYNUMBER - - PIC00% N" Yak 11958 - OCCURRED . I . J L/r PL - 578`76&2600 FROM , j NRS... !SEOESCRIPTION A f'~A J ,L99 CODE - CASEttPE 4 RIMWAICASE TO __..a HAS _ 0 NON CRIMINAL OESKOFFCER i ,7N AECENED (3 -PeCALL - OFFICER INITU~e3 PAGEOF1 0 _ ~G(~JJ~'/~} 7F O COUNTER REPORT' . /j1GX.~Ir'2~.. m A NOR STREETNAME TYPE DIR T. SECTOR L T O BLOCK _ eCOMMERCIAL BLOO. 0 PUSUC GLOM 0 SCHOOL 0 COUNTRYCLU"AOUNOS . i O INTERSECTION O INOUSTRIALSLOO. 0 PUBUCPARK 0 BANK 0 OTHER { N O PRIVATE HOME 0 MULTI DWELLING O PARKING LOT Cl CHURCH C - nu ruynl yF111___ MT~F9 - C.COMPLAINANT - F-FINOER M - MISSING PERSON R-REPORTING PERSON V-VICTIM O-ORNER 1-INJUREOI ACED O-OWNER S-SUSPECT W-WITNESS E•EMPLOYEE J. JUVENILE P-POLICEOFFCER U-UNKNOWN Z-OTHER , PER N ,NAME FIRST MI ADDRESS .erwnl .LA; Lc.dk.-. e~~ E HOME PHONE - BUSINESS PHONE OCCUPATION -7 .7 O~/ O PACE SEX DOS AGE Not WGT EYES MR COMPLEXON rM .,I, /f ~6 b 2~ Av/, - - eer a-BLACK H-HISPANIC I-AMERICALINDIAN O.OTHER W-WHITE AS111 RIENTAL. P A-ASIAMO NAME FIRST MI ADDRESS LAST S HOME PHONE BUSINESS PHONE OCCUPATION 0 I E E--14 N S RACE SEX DOS AGE HGr WGT EYES HAIR COMPLEXION EwooeT" LAST N AME FIRST MI ADDRESS HOME PHONE BUSINESS PHONE OCCUPAION RACE SEX DOS _AGE HOT woT EYES HAIR COMPLEXION Nwradve: (PrIna T1"" .E'R U AAia1L /~1,~~ ,Aire a 444 j e 7X*WrZ,,e1% 0 /hi" -71 LienLIZ,.t { ~~I All ,aorr RG - A 8hck ,..o& wt jr,.•_ QI~ti a,..J! wl, I- r ta Ax? ,~4• e ~ . ~ ~ r • >1 w ~ 4 a k F P,rrrL - , A It 4L/, 94`1`7 TED. ENUMB - IDENTREPORT REPDA g Z Sg ey->, l / i / NR9 a Town Police Department .i. . 1NlITY NUMBER Ra%e 93 OCCURRED FloWle. New Yaed I I Me XILT FROM - =SEOESCRPTI(ONIJJ.1 J.T '"W - _ - .L,IA~iWA'/ TO - HAS CASE TYPE. -RIMINAL CASE -ASS CODE ? NorICRIMINAL, oESNOFFICER Z OW REC EO PATROLOFF O pJC~ALLL FOR SERVICE _ 2 / p OFFICER INITIATED : - PAGE _OF ~ o Out SECTOR, STREETNAME TYPE APT A NBA t ? COUNTII'/CLUSIGROUNOS Al T- ? BLOCK ~COMMERCtALBLOG. ? PUBLIC SLOG. O SCHOOL ? INTERSECTION ? INOUSTRIALSLCO, ? PUBLIC PARK ? SANK _ ? OTHER O ? PRIVATE HOME ? MULTI DWELLING ? PARKING LOT ? CHURCH N 0. COMPLAINANT F-FINDER M- MISSING PERSON R - REPORTING PERSON V-VICTIM 1-WJUREO/AGED O-OWNER S-SUSPECT W.WITNESS D-OWNER P.POLICEOFFICER U-UNKNOVM Z-OTHER E-EMPLOYES J. JUVENILE - FIRST MI IDDRESS / / n L L AME PER ~N N ex /C.( G~47a A 1lI la id& ~C / BUSINESS PHONE OCCUPATION ~j HOME PHONE 73 S y6s ~Oov /N.JI~ PACE SIX ppg AGE /qT WGT EYES HAIR COMPLE%ON tcJ (r1 ~Zfh1 ~l Sfi/ J~/G BL c M iA~A E9i a. BLACK N-HISPANIC 1-AMERICANWOIAN O.OTHER W-WHITE P •ILglAµpgIENTAI LA II y E PERSON LAST -E R R A4 -.",V BUSINESS PHONE OCCUPATION - S. E HOME PHONE N 7 3q ci'2fr'7 N egg AGE T WGT EYES H Ifl COMPLFXON $ BADE sEx CZ 1' V SS M / [ MI PEPS N LAQST NAME FIRST ADORE -rrr r2gNK L`/ _ 4447 <-4A*9 c Al. mAr ht - - O W BUSINESS PHONE OCCUPATION Y 3f ~G~3 COMPLE%ON RACE SIX --r-AGE HOT WOT EYES HAIR Nwadve:(PrHtmryPeOnW / - ~A• ~t` ac%t L.ec,~ //~3 ,ltC f,,,,L,f..'~ Ce.A.... ~ / ~~Se c 4 ~ ?lte ~re~. //#3 p/.a L:e~• a,r/.t lpi9Alty.c~.~ !n , P'#f A~ii/ .T p 3 Aja /L f~? h/F t Si IA4 77, /Z/AA A f R M,4- Fleet hr.. . L- e F. .AC /A) ~ t s/fb -sG4 .0 eA/ F s_ t0o...~i/Y iF :ASE NUMBER{ c( /J. • CIDENT REPORT R--PORTED 1 -1 d I DATE (c-~~•- Hai TIVITYNUMSEAI _ Southold Town Police NpAltmeM - Pml@ 25 y OCCURRED - - ' PGOWIC. Naw Y0* 11956 I ll 1 I r 1~ ~+w- HR4~ A OESCRJpTION j.. - 510.765.2600 FROM I. <<r L"e A1, i . TO 0( 30 :U39 CODE J776 cA~ @•CRIMINAL CASE. Has - a NONCRIMINAL OESKOFFICER ff~&L FOR SERVICE _ a OFFICER INITIATED 1 ( PATROLOFFICER~~~ PAuE OF- 1 - C aCC."ITER A£PCAT _ Ly m L IucleEUrLxAnoN F~~~AF Ci i CC1t3_ ll t LAu K 1, - ~'O t ' A NBR. - TREET NAME TYPE OIR APT. SECTOR [ T a BLOCK CrCOMMERCIALBLm a PUBLIC 8106 a SCHOOL a COUNTRYCWBIGROUN09 1 O INTERSECTION 0 INOUSTRIALSLOG. O PUBLIC PARK 0 BANK O OTHER - N a PRIVATE HOME 0 MULTI OWELUNG Cl PARKING LOT a CHURCH PERSON INVOLVEMENT CODES C-COMPLAINANT F - FINDER M_ MISSING PERSON R - REPORTING PERSON V-VICTIM O-DRIVER I•INJUREDIAOEO O-OWNER S-SUSPECT W-WITNES4 E-EMPLOYEE J - JUVENILE P•POUCEOFFICER U•UNKNOWN L-OTHER PERSON LAgTNAME FIRST M1 AOORESS JC G 1 j ~ai II ~So-4 CyA 6 ef3 lYto liacA/C (Ew ~wOC.L?l= CODE HOME PHONE BUSINESS PHONE OCCUPATION G S`3 - 1f yz ls:r- - 1( 3 q/ C G[sK 1 C ~~1L1 i is t~1~~G5 ic.L(~ RACE SEEK DOB AGE HOT WGT EYES HAIR -COMPLEXION 13 r- 4 ZI 21. 2,5 s-6 1 5[ /3A- 3 /L -Avt RACE CODES p A• ASIANORIENTAL B-BLACK H•HISPANIC 1-AMERICANINOOAN a-OTHER W-WHITE E PERSON LASTNAME - FIRST MI ADORESS R S 0 CODE HOMEPHONE BUSINESS PHONE OOCUPATION N S RACE SEX DOB AGE HOT YMT EYES HAIR COMPLEXION PERSON LABTNAME FIRST MI ADORESS CODE HOMEPHONE - BUSINESS PHONE OCCUPATION RACE SEX 008 AOE HOT WGT EYES HAIR COMPLEXION Nwatim (Print a Type OnI» L~N1k1-AOw r'[CSobF Rl:muvl:Y~ l,;LLuCrxjf__ LOH,JI-=- C -5 rwt l! ?')t. ( C 413A.ICI, ArC-I, Li A.I 1=~,- I: Su I. { 5 ~ CrLL<I1 I~ 1.0-11: $1?fCu,c-lam /~^l c) Via... c.tJ LC r?1~ S'rLurcl_ Sl~[~u1ct: YLoull)rsJL IuN[; ~i ENUJaeR y C,G, 3 ItCIDENTREPORT RE OATS IF 0 0HAS Southold Town Polito Do"rhn00 UNITY NUMBER - RRMb 2S OCCURRED _ - PxpRkq N" Yak 11858 _ HAS ~E OESCA TpN 6/67852606. - -I FROM HAS TO ISS000S CASE PE 0 CRIMINALCASE 4.1 ;3CNON CRIMINAL DESK OFFICEA NRECENEO _ In 0-CALL FOR SERVICE PATF:1 OFFICER •'~IC--_ ' jnn ? OFFICER INITIATED PAGE OF` J Cs- Cl COUNTER AEPORT V' m L wrlnFHi LOOATION CC - - D O - ~o~~~G A NBR STREET NAME - TYPE OIR APT. SECTOR T _ Q BLOCK --"MMERCtAL BLOO. ? PUBLIC BLOO. Q SCHOOL ? COUNTRY CLU8rt1ROUN09 1 ? INTERSECDON ? INOUSTRULSLDO. ? PUBLIC PARK ? BANK ? OTHER - 1 N ? PRIVATE HOME ? MULTI OWeUJNG ? PARKING LOT Q CHURCH PERSON INVOLVEMENTCOOES - - 0 C•COMPLAINANT F-FINOEA M-MISSING PERSON R-REPOArNO PERSON V•VICTIM O-OWNER I-INJUREDMOEO O-OWNER S-SUSPECT W-WITNESS E-EMPLOYEE J.JUVENILE P-POLICEEOFFICER/ U•UNKNOYN Z•OT14ER PERSQN _LAST NAME FIRST ~~lO MI T /l~"~c.,'e•R- OE HOMMM.EE PHONE BUSINESS PHONE o< OCCUPATKN ' RACE SEX COB AGE HOT WGT EYES HAIR COMPLEXION RACE CQQF9 O-OTHER W-WHITE NAJ • 1•AMEPCAN INOIAN P A-ASIA RIENTAL BBLACK H-HISPANIC E PERSON LAST NAME FIRST MI ADOAE59 a 1n~2 ~sverL/~ L s If 0 CODE HOME PHONE BUSINESS PIONS OCCUPATION - N 72..2- 'go 7 3 $ RACE SEX 008 AGE HGT WOT EYES HAIR COMPLEXKN, (n1 I srl~//J ~ S~ 2 `CU PERSON LAST NAME FIRST MI AOOAESS COOS HOME PHONE BUSINESS PHONE OCCUPATKN- RACE SEX 008 AGE HOT WO" EYE9 HAIR - COMPLEXION Narradvo.(PM or Type Only / / I GL//C J7V p• G 4C/x G~ ?C /U C4 Z_ ~a ,QiL. A w 4 c< ~r < R%a. r vAr AWA~wC P°~2 6rVn/</Lr isN e .fro ?/GdG ~e ~lLr? c~iE ~t I?~ Ar Gt< fTG N ,i/< w ~iR .L< ` fA. a/wo, r I POTS-1A ASE NUMBER MWCIDENT REPORT REPORTED ~.HR9 G1A - D 3 0 1 d- Sou mold'fm.ra Palle OrpartmaM DATE LTI'ITLY NUMBEfl _ Haub 25 OCCURRED Pxonlc, Naw `/oPt 1 iSSB - - ! 3US-T6S2t300 - . - FROM - - NRS' . xav N ( ~ .Y ~ST%kZ r_%_ SON - TO MRS -.iAS9 CODE ,.yam CASE PE ?CRt.NINAL CASE _ r l//•LU DESK OFFICER p NCH CRIMINAL _ _ Iy -OWRECEIVED T a CALL FOR SE 0. OFFICER n T INITIATED PA.C,• SuctflzE~S _.Q OFFICER INITUTED PAGE OF CIS - O COUNTER REPORT 1'sI L INCtOEHT LOCATION C ""S1S.~eCC ri- C\~ A. 1 ~i~ MAA~ J e OIR APT" -SECTOR a A ' NBA STPEETNAME - fpe " ROUNDS T O BLOCK ~COMMERCIAL BLDG C PUBLIC BL % a SCHOOL p COUNTRYCLUG Cl OTHER O INTERSECTION p INOUSTRIALSLDG. O PUBLIC PARK O BANK N Q PRIVATE HOME C1 MULTI DWELLING O PARKING LOT G CHURCH P R_ONINVO V M NTCOOFS - - - - - - y.VICTIM C - COMPLAINANT F•FINOEP M - MISSING PERSON fl•REPORTING PERSON 0-DRIVER I•INJUREOIACEO O.OWNER S-SUSPECT W Z , WITNESS WITNE - E-EMPLOYEE J - JUVENILE P-POUCEOFFK:ER U-UNKNOWN .OTHER C~ ADDRESS IPST MI + PERSON LAST NAME` ~'F % JBd .`Q0.A BUSINESS PHONE p[L•IJPATKON CODE HOME PHONE C, c%_0 o V--- L„C C 1 a' - , EYES HMR COMPLEXIN RACE SEX DCS AGE HOT War f ^ Wt 3 rte. -r-zs-~4 - - RACE COncs_' O.OTHER W-WHITE P . A•ASIANORIENTAL B-BLACX H. HISPANIC 1-AMEAICANINOIAN E PERSON LAST NAME FIRST MI ADDRESS R O $ CODE /TOME PHONE 8U91NE39 PHONE - OOCUPATKXF N ~g HAIR COMPLEXIN $ RACE SEX OOB AOE HOT War PERSON LASTNAME FIRST MI ADOPESS BUSIMM PHONE OCCUPATION CODE HOME PHONE - EYES HAIR COMPLEXION RACE 901 DOB AGE HOT WGT Narradvvw. (PAW a Type Only \~QS CL2CL3E0 4 CAIN. Or A \C~HT IyT C\-tie AfSnQ9 C o-rl0 S?OtIC.E Zo C''nP~..o.neel ~ensD!\~! 1~LLTSc~\.1 CL~SPoN0eA Y? ~ STPTE.r7 "'(\-~~.2C WPS A {-c\C~v,-r ...5\PG- -?a-\~~-- r•n o L. mac. A H n ~1 \ YY. fi~.~ A ra O \30'TH ' `~c G\ 1\0 uR-'L•4\c12 Ac-T\on1 ZFPC1UeSTc-~ S V. C35 eG.T S _ POTS-1A EPORTED • NuMasa INCIDENT REPORT HPS J I DATE Southold Town Police Department .--u---- CURRED VC ,TYNUMB Route 25 C Pe Ic, New York 11958 $18.7852600 FROM - MRS x SCRPTION . 1 II A. ID TO MRS S CODE ~ . 1 CASE PE 0 CRIMINAL CASE C~ NON CRIMINAL _ DESK OFFICER to r.iECE1VED m I CALL FOR SERVICE PATROL OFF" C C1 OFFICER INITIATED PAGE ~OF: m p COUNTER REPORT m a wtCFt1T LOGATON - O 8 L - - 69SS2 L 9wraQ - O NOR APT. SECTOR TYPE OIR STREETN E O COUNTRYCLUB p BLOCK Q COMMERCIALBLOG- p PUBLIC BID(L p SCHOOL /GROUNOS 1 p OTHER ~ O INTERSECTION p INWSTRIAL BLDG. p PUBLIC PARK p BANK p PRIVATE HOME p MULTI DWELLING p PARKING LOT C CHURCH PERSON IVO M NT CODES N-MISSING PERSON R - REPORTING PERSON V-VICTIM C•COMPLAINANT FINGER S.SUSPECT Z-WITNESS O-DRIVER RIVER I. INJUREDMIOED O-OWNER U • UNK14OWN OTHER E-EMPLOYEE J•JUVENILE P-POLICE OFFICER FC ie, LAST NAME MI ADORESS T ~Y OCCUPATION HOMEPHONE BUSINESS PHONE a ppg AGE HOT WGT HAIR COMPLEXION EYES f1~CE SEX W RACE CODES O-OTHER W-WHITE P A-ASIAWORIENTAL B-BLACK H-HISPANC I-AMERICAN INDIAN PERSON LAST NAME FIRST MI DORESS ti 01Av154v1 f, :Lv% AV- SINES3 PHONE OCCUPATION CODE HOME PHONE A Z HAIR COMPLE%KIN P 6 SEX OOB AGE HOT WGT EYES IKf n 020 7FI Z PERSON LAST NA FIRST MI ADDRESS ~dA~~v!L1 OCCUPATION CODE HOMEPHONE BUSINESS PHONE Z EYES HAIR COMPLEXKN RACE SEX DOB AGE HOT WGT W - Nwratlve: (Prim ar Type OMY) n .n f0a r kLOesf~ 0 a~j ~nS S~ /1/f4 `VI ? ? Q~ ( a OC w 2 x 1 )1n G a Y. .MA. !Al uAnI 'A 1 aAA2 52 cG: A u T4 -k+f 1. V\A1 V.011 6; (oL..t 1 % ZI WIL W A w d -6 41w" tyAA Ly,-at uA,i r POTS-1A _ tiE NUMBER 1 OCIOI:NT REPORT REPORTED. HAS DATE O•~--- Southold Tcnvn Police O.P.nm«L1 TIVITVNUMBER RoNrr 25 OCCURRED - Paoonk, N`N York 11958 - , - - FROM OE9CRPTK7N TO HRS I' asg \ CASE PE 0 CRIMINAL CASE - A Cy NONCRIMINAL J~7v1 EPAT;R~Oi ER Y ~W 7 CALL A CALL FOR SERVICE ICER 0 OFFICER INITIATED _ PAGE i OF L7 rXV_NTER 001301" sit O INCIDENT 1 OCATION 9~ ZS - ` _ - ^ R V BR STREET NAME ~ TYPE DIR APT. SECTOR ' T 0 BLOCK - - 6 COMMERCIALBLOO. 0 PUBLIC BLDG. O SCHOOL O COUNTRY CLUSIGROUNOS 1 0 INTERSECTION 0 INDUSTRIAL BLOM 0 PUSUCPARK 0 BANK 0 OTHER T N . 0 PRIVATE HOME 0 MULTI DWELLING 0 PARKING LOT 0 CHURCH PERSON INVOLVEMENTCOOES_ C-COMPLAINANT F-FINOER M- MISSING PERSON R- REPORTING PERSON V-VICTIM a-ORNER 1-BUUREOJAOED O.OWNER S-SUSPECT W-WITNESS E-EMPLOYEE J.JUVENILE P-POUCEOFFICER U-UNKNOWN 2-OTHER PERSON LASTNAME FIRST MI AOORESS e aides Y ~J r~ - ~•cIL. CODE HOMEPHONE BUSINE99 PHONE ATION C Z2.~S 'Ig I I a v1 ee_i wf Wt~I~ ?u RACE '9IX DOB ACE HOT WGT ES COMPLEXIO W 0 RACECOOES P A-ASIA NAMENTAL B-BLACK H-HISPAN4 I-AMERICAN INDIAN a-OTHER W-WHITS E PERSON LAST NAME FIRST MI ADDRESS R SO CODE HOME PHONE BUSINESS PHONE OCCUPATION S RACE SEX DOB AGE HOT WGT EYES HAIR COMPIE%X7N PERSON LAST NAME FIRST MI ADDRESS CODE HOMEPHONE . SUSINE49 PHONE OCCUPATION WOT EYES HAIR COMPLEXX7N RACE I SEX DOB MA HOT NwadVw. (PrMaTW*OnIA 1,6W11)_ POC nS 1OWk, A ~J y I 014 1n S I dvwr a. 64 Qtll,!A PoTB-tA ;E NUMBER A . u CIOENT REPORT RE o~ E°. o i. ~"I 8 boo HRa SoLmold Town Pollee Deperdnent -7IVITY NUMBER 'i - - R9Vfs 25 OCCURRED - Pe Ic. New York 11958 - - DEw'pWTKIN FROM- HAS (25GaL(3Q~Gz , DLS~ - - TO Hw-. 'Ass CODE c PE ?CRIMINALCASE _ - - - 2rNCNCRIMINAL DESK OFFICER 7/RECENEO- , _ O dALLFOR SERVICE - PATRCLOFFICER 0 OFFICER INITIATED PAGE - OF El COUNTER REPORT - w J - C~~o es A 4 NBR STPEET NAME TYPE DIR APL SECTOR T 0 BLOCK COMMERCIAL BLDG. 0 PUBLIC SLOG. 0 SCHOOL 0 COUNTRY CLUSIGROUNOS 1 0 INTERSECTION 0 INCUSTRIALBLOCL ? PUBLCPARK ? BANK - ? OTHER N 0 PRIVATE HOME 0 MULTI OWELLINO 0 PARKING LOT 0 CHURCH PERSON INVOLVEMENT CODES _ C-COMPLAINANT F•FINOER M- MISSING PERSON R- REPORTING PERSON V-VICTIM 0•DRIVER 1; INJURED/AIDED O-OWNER S- SUSPECT W-WITNESS E-EMPLOYEE J•JUVENILE P•POLICEOFFICER U-UNKNOWN Z-OTHER ADO PERSON L TNAM_E _ ST 0j• MI ~O jRES aJ/!i 1 O/(. VJ liII- u i-A CODE -..LIE pH0`_l{E+JC BUSINESS PHONE OCCUPATION rClJ,O t q HOT WOT EYES HAIR COMPLEXION RACECODES V'T'R O.OTHER W-WHITE P A-ASIANARIENTAL B•BLACK H•HISPANI: 1-AMERICAN OIAN ADDRESS ER PERSON cELe 77Z FIB Y ~gN~ESQOP^1 s / ~[J DOCUPATION N CODE HOME PHON ~ BUSINESS PiN,E`~ Zba ~5s 11 1 $ E may- ~t d S ( V~ HGT. WOi EYES HAIR CAMPIE%ION PERSON LAST NAME FIRST + MI ADDRESS _ CODE HOME PHONE BUSINESS PHONE OCCUPATION - RACE SEX 0006 AGE HOT WGT EYES HAIR COMPLEXION NarraSve. (Prig m Type Only) /a ib- J-- OJT 1J~J S.~_ (~arA. •(or~ 0-69v% 2s B~.sa r. LOAw g f~."- a QcuY~S 1S jNOL 1~l A - 0• J. CPS [.S ti c0 tloO sCi •ND KZ. 1~ Jl e $o fi• ? Q V. rn,~fj ~ D 1al ~ t 0 WnAe.r µLJ1~ L , ``~••~o-j r1' J~~fe,C•So~abla~ v ~ Fig:s~.l~^''~ a~ • BOARD OF APPEALS TOWN OF SOUTHOLD In the Matte, ut_ the Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER e YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ( la xce ion) (Special Permit) (Other) (circle choice) ~ 1. 2. That the propejty whi h is t subject of the Petition is located adjacent to your property and is des- cribed as follows: (n ) SJ 7 O~!/~ C~. L Tip 10V p /,g a- -SF 3. That the prop ty which is the subject of such Petition is located in the following zoning district: 4 That b,i such Petition, the undersigned will request the fol owin relief: 5. That the provisions of the Southold Town Zoning Code ppli ble to the relief sought by the under- signed are Article Zd c+ _ Section ~ C ~/67 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Matti tuck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the. right to appear and be heard/at such hearing. Dated: Petitioner r+- Owners'Names:.~L~111~5 (,pi1 PosT ffffice dress Tel.. No. 7a~ ~a73 [Copy of sketch or plan showing proposal to be attIach6d for,4'gnAnience purposes.] ^r 3nnzaimm^9 PROOF OF MAII ING OF NOTI( E ATTACH CERTIFIED MAIL RECEIPTS N' ADDRESS e P 358 213 990 Receipt for Certified Mail No insurance coverage Provided DiSo not use for International Mail Reverse) ~aa~~c Io/ O P 0. Stam - d IP ' It a Pos,ag, $ I "Id f ee Speuai D,.~a,~ Faa ResM1¢wp Delivery rce ~ Rewm ~ m pyp a Deevere~ Re, eip~ Showing t- W~ N e Da . a d Adores Odress T AI Pus,age 8~. 0 & 0 Poomarko W M ~w E ~v 0 LL 1 STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) [ L L l residing at ~ (22-V_ n e SCLv11~~ / being duly sworn, deposes and says that on the _ day _ in LA. 4 1-1 t ofd 19 74 deponent mailed a true copy of the Notice set forth on the re- verse side her of, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessme~yt rdo? of the Town jj outhold; that said Notices were mailed at the United States Post Of- fice at SO Lt / / that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to b fore me this 12~ day of _119- Notary Public MARY ANN CYBUISKI Notary Public, State of New York Residing in Suffolk County No. 52-5895900 Commission Expires April 30, 19~ (This side does not have to be completed on form transmitted to adjoiTing property owners.) TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We)~~ of !S c n j (Residence, House No. and Street am at, State, Tp o e, a ep o um er hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL ECEPTION in accordance with the ZONING ORDINANCE, ARTICLE / t,6 SECTION /0 ( /a) SUBSLCIIO:', for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): r (~c1 z V1 k_i l A. Statement of Ownership and Interest. ,4, k.ef 1 c r, jT,,o el-Sa m4e,coi ~Lc ~ ~(k , S/i,`!f k s{,v~e) the owner(Q of property kOown and re erred to as `t 5 tf= ' a 2E L 57 (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section Block , -6 C, Lot(s) which is not (is) on a subdivision Map (Filed , "Map of Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). 1A The above-described property was acquired by the owner on Scp7,' B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is the subject of this application is zoned _ pcti~ and [ ] is consistent with tha use(s) described in the Certificate of Occupancy being furnished herewith. iZI is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss.. gn ure Ke~i{'Couc(r Scorer Sworn to before ma this 'day of /°~~y/ ~f 19 LKC Co r~ C \ p ? FREDERICK C• MEYER J NOTARY PUBLIC, State of New York Vb2ar 1 C No. 52-4618349. Suffolk C Term Expires January 31, 192 Z62 (rev. 2/6/86) o/ ~o~~gOFF L(K Gy<~ Town Hall, 53095 Main Road N x Fax (516) 765-1823 P. O. Box 1179 • Telephone (516) 765-1802 Southold, New York 11971 .j. OFFICE OF THE BUILDING INSPECTOR _ TOWN OF SOUTHOLD MAY 17 TO: Zoning Board of Appeals 41- RE: FROM: Gary J. Fish, Building Inspector Ocean City and its compliance with the Special Exception rendered June 13, 1994. DATE: May 17, 1995 I am sure all members of the board are aware of the violations to the Special Exception that exists at Ocean City. In particular, the parking situation and the occupancy load as it applies to the Health Department requirements. In the early morning hours of May 13, 1995 at approximately 1:00 A.M. I made a visit to ocean City and personally observed overcrowding inside the establishment and many cars parked along Route 25 on both sides of the road. There were in my estimation well in excess of 200 persons inside and as many as 60 cars parked along Route 25. These are both direct violations of the Special Exception that Ocean City has and in light of these violations, I recommend that their Special Exception be revoked as stated in the Zoning Code of the Town of Southold Article XXVI Chapt. 100-262 D. (2). GJF:gar ~~g~fFOLKCGG APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman r°n ,Z 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa ~l *t Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM TO: Gary Fish, Building Inspector FROM: Chairman and Members, Zoning Board of Appeals DATE: December 16, 1994 SUBJECT: Hazardous Parking Conditions near Ocean City at Mattituck ZBA Conditions Established under Special Exception i It has been brought to our attention through the community that there have been blatant violations of the parking requirements and conditions established under the Special Exception and site plan pertaining to the Ocean City establishment. You are hereby requested to act in whatever manner is available to you to enforce the conditions established under the Special Exception as well as other provisions of the zoning code and building codes. The parking lot to the west of the above premises is not being used as agreed by the owner and tenant under our Special Exception review, and the written lease between the occupant and Joseph Crenshaw, owner of the property to the west pertaining to additional parking availability, which is now not being honored.. (A copy of the written lease and our Special Exception conditions are attached for your reference and use.) Also, please provide us, in writing, of the efforts you have taken and your knowledge or other information pertaining to your investigation of this situation. If further information is needed about our request, please feel free to contact any member of the Zoning Board directly. i . $oFFOC,~~, ' PLANNING BOARD MEMBERS OGy { Richard G. Ward, Chairman G : Town Hall, 53095 Main Road George Ritchie Latham, Jr. p • ,F P. O. Box 1179 Bennett Orlowski, Jr. y~ Off' Southold, New York 11971 j Mark S. McDonald Fax (516) 7653136 j Kenneth L. Edwards T Telephone (516) 765-1938 • f i i PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 19, 1994 James Lebkuecher Ocean City Club P.O. Box 843 Jamesport, NY 11947 Re: Proposed site plan for Jasta Inc., formerly Raz-Ma-Taz SCTM# 1000-122-6-36 i Dear Mr. Lebkuecher: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, April 18, 1994: I BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assumes lead agency status, and as lead agency, makes a determination of non-significance, and grants a Negative Declaration. j Enclosed please find a copy of the Negative Declaration for your records. SinckdWard c j Cha irman enc. i i i i O~g~FFO(,~co PLANNING BOARD MEMBERS a Richard G. Ward, Chairman G : Town Hall, 53095 Main Road George Ritchie Latham, Jr. p • P. O. Box 1179 Bennett Orlowski, Jr. Southold, New York 11971 Mark S. McDonald Fax (516) 765-3136 Kenneth L. Edwards T Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant i April 18, 1994 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. j Name of Action: Proposed site plan for Jasta, Inc., Formerly Raz-Ma-Taz SCTM#: 1000-122-6-36 I Location: Main Rd., Mattituck j SEQR Status: Type I ( ) Unlisted ( X ) { Conditioned Negative Declaration: Yes ( ) No ( X ) Description of Action: i This proposed site plan is for a sports bar to be located in a vacant building that was formerly a drinking establishment. i Page 2 SEQRA Negative Declaration - Jasta, Inc. April 18, 1994 Reasons Supporting This Determination: This project involves the reopening of a sports bar in a vacant building that was formerly a drinking establishment and had a site plan approved by the Planning Board. This use will not be a more intensive use of the property and thus conforms to zoning. i There has not been any correspondence received from the Department of Health Services in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. The applicant will have to comply with the requirements of the Suffolk County Sanitary Code (SCSC) and all relevant standards of water supply and sewage disposal systems. Design and flow specification, subsurface soil conditions, and site plan details will have to be approved by the Suffolk County Department of Health Services (SCDHS). This impact is not considered significant due to the anticipated project compliance with established requirements of the SCSC and the SCDHS and the required relevant permits. There has not been any correspondence received from the New York State Department of Environmental Conservation in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: (516) 765-1938 cc: Thomas Jorling, DEC Albany Suffolk County Dept. of Health Judith Terry, Town Clerk Building Dept. Applicant QUcSTT_ONNAIRE FOR FILING WIT?? YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (SeparaQe sh~et1,ay attached_ ) B. Is the subject premises listed on the real estate market for a e or being shown to prospective buyers? { } Yes No. Uf Yes, please attach CDpy of "conditions" of sale.) C. Are there any proposals tm change trr alter land contcurs? { } Yes { No D. 1. Are there any areas which contain wetland grasses?r~&_ 2. Are the wetland areas shown on the map submitted with this application? 61 3. Is the property bulkheaded b tween the wetlands area and the upland building area? 4. If your property contains wetl-AL anas or pond areas, have you contacted the Office of the T wn Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed gnstruction at or below five feet above mean sea level?. ~k (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown an the survey map that you are submitting? LZ S If none exist, please state "none." G. Do you have any construe ion taking place at this time concerning your premises? rqp If yes, please submit a copy of your building permit and map as 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? If yes, please explain where or submit copies of deeds. I. Please 1'st prescient use or operations conducted at this parcel and proposed use RJF Crc C -4f-a4 Au rized gnature and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN The Town of Southold. TRUSTEES - The Board of Trustees of the Town of Southold. (Added 6.5-84 by L.L. No. 6.19841 WETI-ILNDS (Amended 8-26-76 by L.L No. 2-1976; 3-26- 85 by L.L. No. &1985k ; 4..; - : h • A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on. tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. bogs, salt* marsh. swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel- marshmallow and low march cordgrasa,a m/or (3) All land immediatelyadjacentto a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24• Ti- tle 1, § 21-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Laty of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 z•s•ss PLANNING BOARD MEMBERS Richard G. Ward, Chairman Town Hall, 53095 Main Road George Ritchie Latham, Jr. P. O. Box 1179 Bennett Orlowski, Jr. Southold, New York 11971 Mark S. McDonald Fax (516) 765-3136 Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 28, 1994 James Lebkuecher Ocean City Club P. O. Box 843 Jamesport, NY 11947 RE: Site Plan for Jasta, Inc. Formerly RAZ-MA-TAZ Route 25, Mattituck Zoning District: General Business (B) SCTM# 1000-122-6-36 Dear Mr. Lebkuecher: In our telephone conversation of last week you mentioned that you would not be serving food. Restaurants are a permitted use in this General Business zone. However, drinking establishments are permitted only by Special Exception of the Board of Appeals. If your health Department approval is for a commercial kitchen and you wish to serve food your use would be permitted, if you are a drinking establishment only and not a restaurant you must make application to the Board of Appeals for a Special Exception for a drinking establishment. Before any possible Planning Board approval the Special Exception must be obtained. If you have any questions, or require further information, please please contact this office. S' c;,eybeg G. Kassner Site Plan Reviewer cc: Thomas Fisher, Senior Building Inspector In Charge Gerard P. Goehringer, Chairman, Board of Appeals • g~FF014, PLANNING BOARD MEMBERS o~o~ Richard G. Ward, Chairman Go Z Town Hall, 53095 Main Road George Ritchie Latham, Jr. S • F P. O. Box 1179 Bennett Orlowski, Jr. Southold, New York 11971 Mark S. McDonald Fax (516) 765-3136 Kenneth L. Edwards T Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman, Zoning Board of Appeals From: Robert G. Kassner, Site Plan Reviewer fFF~ RE: Proposed Site Plan for D 0 RE Jasta Int. (formerly Directors Seat/ TAZ) A Main Road, Mattituck N I m4 F Zoning District: General Business (,B) SCTM# 1000-122-6-36 t DATE: April 18, 1994 The Planning Board is currently processing a site plan for the above referenced property. The original site plan for The Directors Seat was approved on January 10, 1983, when the zone was General Business (B1), and the use was permitted for a restaurant as there was no drinking establishment in the code at that time. The current zone, General Business (B), continues to permit restaurants but drinking establishments are permitted only by Special Exception. The Board would like to know if this applicant must obtain a Special Exception under present zoning for a sports bar. cc: Thomas Fisher, Senior Building Inspector In Charge 0`_11-07-1993 12:05PH FWPEGEPICK C HEYEP TFi 7~^3?JO P.01 A IeD-nle,nb,ry0 Imar..rM Oilur rwpp~yyr iepp}}~~}} eve'ue a Mac 10010 BETWEEN LRC CORPORATION, a domestic Corporation c/o Frederick C. Meyer, 10 Sagamore Road, Hampton Bays, New York 11946 as Landlord. and JAMES LEBRUCRER, residing at Herricks Lane, James Port, New York as Tenant' ltneggftil: The Landlord hereby leases to the Tenant the following premises: SEE SCHEDULE A ANNEXED HERETO forihetelm of two years to commence as set forth in article lot but in any event on or before June 1, 1993 and to end two years later but in any event on Mat-31, 1995. to be used and occupied only for Tavern/ Nite Club as set forth in the certificate of occupancy issued by the Town of Southold upon the conditions and covenants following:', let. That the Tenant shill par the annual neat ofTwenty-One Thousand Six Hundred and no/100 ($21,600.00) Dollars in the first year, Twenty-Two Thousand Eight Hundred ($22,800,00.) Dollars in the second year, and an additional 6% annually in .any renewal or extension, said 6% increase to be calculated using the immediately proceeding year's rent as the base rent. said rent to be paid in equal monthly payments in advance on the. Fir sy o each and every month during the term aforesaid, as 'allows" One Thousands~jRt Hundred 7kkkiA ) Dollars on the first day of the month succeeding the month in which the tenants receive a license from the N.Y. State Liquor Authority to sell alcoholic beverages, but in any event t1!1QQxQQ on June 1, 1993 and monthly thereafter, 51,700.00 Znd. That the Tenant shall take good care of the premises and shall, at the Tenant's own cost and expense make all repairs pay all utilities, trash removal, licensing fees, inspection fees and other expenses incidental to operating the premises except real property taxes as assessed for the years 1992-1993 and 1993-1994. and at the end or other expiration of the term, shall deliver up the demised premises in good order or condition, damages by the elements excepted. 3rd. That the Tenant shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and require. meats of the Federal. State and Local Governments and of any and all, their Departments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with said.. premises during said term; and shall also promptly comply with and execute all rules, orders and regulations of the New York Board of Fire Underwriters, or any other sim'lar body, at the Tenant's own cost and expense. 4th. That the Tenant, successors, heirs, executors or administrators shall not assign this agreement, or underlet or under. lease the premises, or any part thereof, or make say alterations on the premises, without the Landlord's consent in writing; or, occupy, or permit or suAer the some to be occupied for any business or purpose deemed disreputable or extra•hasardous on. account of Are, under the penalty of damages and forfeiture, and in the event of a breach thereof, the term herein shall im• medistely, cease and determine at the option of the Landlord as it it were the expiration of the original term. 6th. Tenant must give Landlord prompt notice of fire, accident, damage or dangerous or detective condition. It the Premises can not be used because of fire or other casualty, Tenant is not required to pay rent /or the time the Premises are *musable. It part of the Premises can not be used, Tenant must pay rout for the usable part. Landlord shall have the right to decide which part of the Premises is usable. Landlord nerd only repair the damaged structural parts of the Premises. Landlord is not required to repair or replace any equipment, fixtures, furnishings or decorations unless originally installed by Landlord. Land. lord is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause act fully under Landlord's control. If the Are or other casualty is caused by an act or neglect of Tenant. Tenants employees or invitees, or at the time of the fire or casualty Tenant is in default in any term of this Lease, then all repairs will be made at Tenant's expense and Tenant must pay the full rent with no adjustment. The cost of the repairs will be added rent. Landlord has the right to demolish or rebuild the Building if there is substantial damage by Ere or other casualty. Landlord may cancel this Lease within 30 days after the substantial Ere or casualty by giving Tenant notice of Landlord's intention to demolish or rebuild. The Lease will and 30 days after Landlord's cancellation notice to Tenant. Tenant must deliver the Premises to Landlord on or before the cancellation data in the notice and pay all rent due to the data of the fire or casualty, it the Lease is cancelled Landlord is not required to repair the Premises at Building. The cancellation does not release Tenant of liability is eoanectinn with the Are or casualty. This Section is intended to replace the terms of New York Real Property Law Section 117. l~`^07-19 3 12:10PH F 1 FREDEPIQ! C ME'iEP TO 7273940 P.01 28. The security deposit shall be paid as follows: a) 50% or $2,700.00 upon the signing of this lease by Check subject to collection. Said payment shall be held in escrow by landlord's,attorney pending issuance of the State Liquor License. b) 50% or $2,700.00 upon receipt of tenants N.Y. State Liquor License but in any event prior to taking possession of the premises. 29. The obligations of this lease are contingent upon the tenant obtaining at its cost, a N.Y. State License to sell liquor on premises. Landlord agrees to cooperate in tenant's application for a liquor license by providing information requested if known to the landlord and signing expeditiously.all documents required to be signed by the landlord. If tenant is unable. for any reason to obtain the liquor license prior to June 30, 19T4vither party may at its option rescind this agreement. However, tenant may continue the lease in full force and effect and landlord shall continue this lease if tenant commences the monthly payment of rent and deposits the security as set forth herein. 30. The landlord agrees to provide at landlord's cost a heating system and an air conditioning system in working order.. 31. REFUSE REMOVAL Tenant shall maintain proper covered receptacles for garbage, refuse, debris and other rubbish as may be required by tenant's use and occupancy of the premises. Tenant shall remove all such. garbage, refuse, debris and other rubbish, at its own cost and expense, from time to time, in such manner as to maintain the leased premises neat and clean at all times. Tenant shall, further maintain such receptacles as may be required by proper governmental authority and the failure of the' Tenant to do so will permit landlord to do so at tenant's cost and expense. All garbage removal as specified in this paragraph shall be performed by a refuse company chosen by the landlord, at tenant'a expense, at a competitive rate. 32. REPAIRS If repairs are required to be made by tenant pursuant to the terms hereof, landlord may demand (but shall not be required to do so) that tenant make the same forthwith, and if tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch after such demand, landlord may make or cause such repairs to be made and shall not be responsible to tenant i for any loss or damage that may accrue to its stock or business by reason thereof, and if landlord makes or causes such repairs to be made, tenant agrees that it will forthwith, on demand, pay 1 1 as additional rent to landlord the cost thereof and if it shall default in payment, landlord shall have the remedies provided herein. 33. SIGNAGE The tenant stipulates that it will erect no sign prior to obtaining a permit so to do from the Town of Southold. All permits and signs shall be the responsibility of the tenant and at the tenant's expense. 34. INSURANCE i (A) The tenant shall procure liability insurance from an approved insurance carrier licensed teo business damnify the State of New York as will fully pro landlord against any and all damages and claims, suits or actions for damage as a result of injury, or any alleged injury, to any person whomsoever, or any property whatsoever in and about the premises, in form sufficient to insure and protect the landlord in the sum of Five Hundred Thousand and 00/100 ($500,000.00) Dollars in respect to injury or death of any one persons the sum of One Million and 00/100 (1,000,000.00) Dollars in respect to any one accident; and the sum of One Hundred Thousand and 00/100 ($100,000.00) Dollars in respect to property damage. The tenant shall procure casualty insurance for the premises in the amount of $150,000 and name the landlord as additional insured. The Tenant shall pay all premiums for such insurance policies and shall deposit the original policies with the landlord. The tenant shall furnish such policies with the landlord. The tenant shall furnish such policies to the landlord within ten (10) days from the execution of this lease, and within ten (10) days prior upon a the deliver to the landlord expiration aoriginal renewals policy, tenant failure of tenant to procure such insurance, deliver the policies to the landlord, or pay the premiums therefor, the landlord shall have the right to procure such policies or pay such premium, and the amount paid by the landlord shall be added to the next month's rent to become due. Such insurance shall name the landlord as additional insured and shall contain an endorsement that such insurance may not be cancelled or its limits of coverage reduce except upon fifteen (15) days' written notice from the insurance company to the landlord, sent by certified or registered mail. (B) At all times during the term, tenant shall keep all improvements at the premises insured for the benefit of landlord against loss or damage by risks now or hereafter embraced by "All Risks" and "Difference in Conditions" coverages and against such other risks as landlord from time to time reasonably may designate, in amounts sufficient to prevent landlord from becoming a co-insurer under the terms of the applicable policies. In any event, the amount applicable to "All Risks" shall be not less than "Full Replacement Cost" (being the cost of replacing the premises exclusive of the costs of excavations and footings below the lost grade level). Such Fu1Z Replacement Cost shall be determined from time to time (but not more frequentely than once in any twelve (12) calendar months) by an appraiser, architect or other person or firm designated by landlord. The cost of such appraisal shall be borne by the tenant. The "Premises" for purposes of this Article 034" shall be deemed to mean the building in which the premises is situate, the appurtenances thereto, the equipment and other improvements constructed by landlord and tenant excluding tenant's merchandise, trade fixtures, furnishings, equipment, wall covering, carpeting, drapes, and all personal property belonging to the tenant. i (C) At all times during the term of this lease, landlord shall keep the indoor and outdoor areas and indoor and outdoor facilities insured for personal injury and property damage liability, "All Risk" property coverage, difference in conditions, workman's compensation, employee's liability and any other casualty or risk insurance which landlord or landlord's insurance carrier deems necessary or appropriate. 35. TAXES The parties hereto stipulate and agree that the tenant shall pay, as additional rent, during the demised term or of any renewal thereof, the real estate taxes on the building and land which comprise the "premises" are a part. Real estate taxes shall be deemed to include all taxes, assessments, special or otherwise, sewer rents, rates, and charges, county taxes, school taxes or any other governmental charge of a similar or dissimilar nature, whether ordinary or extraordinary, foreseen or unforeseen, imposed, levied, or assessed upon or with respect to all or any part of any land and the aforesaid building by any taxing authority having jurisdiction thereover and all payments made in lieu of any o of the foregoing, including payments in lieu of taxes made by virtue of industrial development revenue bonds and financing. It is further understood and agreed that the tenant's obligation to pay, as additional rent hereunder, the real estate taxes shall include any taxes which result in all or any part as the result of a shift or substitution of the incidence of taxes now or ordinarily imposed on realty including, but not limited to, value added tax or income tax. Tenant shall also pay any tax which may be imposed on the rents received by landlord or any license fee measured by the rent received by the landlord from tenant. With respect to any period at the expiration of the term of this lease or any renewal thereof which shall constitute a partial tax year, landlord and tenant shall apportion the amount of the additional rent due hereunder. 36. INDEMNITY 3 Tenant does hereby indemnify landlord (and such other persons as are in privity of estate with landlord) and save it harmless from and against any and all claims, actions, damages, liability and expenses in connection with loss of fire, personal injury or damage to property arising from or out of any occurrence in, upon or at the premises from or out of the occupancy or use by tenant of the premises or any part thereof, or occasioned wholly.or in part by any act or omission of tenant or its agents. It is understood and agreed that tenant shall look solely to the estate and ptoperty of the landlord in the premises for the satisfaction of tenants remedies for the collection of a judgment (or other judicial process) requiring the payment of money of the landlord in the event of any default or breach by the landlord with respect to any of the Aerme, covenants and conditions of the lease to be observed or performed by the landlord and any other obligation of landlord created by or under this lease, and no other property or assets of the landlord or of its partners, beneficiaries, co-tenants, shareholders, or principals (as the case may be) shall be subject to levy, execution or other enforcement procedures for the satisfaction of tenant's remedies. The term "Landlord" as used in this lease, so far as shallabeslimitedrtommean the art of landlord only the owner are concerned, owners at. the time in question of the premises and this lease. Further, in the event of any transfer or transfers of the title to the said lease or the premises, landlord herein named (and in case of any subsequent transfer or conveyances, the then grantor), including each of its partners, beneficiaries, co-tenants, shareholders or principals (as the case my be) shall be automatically freed and relieved, from and after the date of such transfer and conveyance, of all liability as respects the performance of any covenants and agreements on the part of the landlord. Landlord or the grantor shall turn over to the grantee all monies and security, if any, then held by landlord or such grantor on behalf of the tenant and shall assign to such grantee all right, title and interest of landlord or such grantor thereto, it being intended that the covenants and agreements contained in this lease on the part of the landlord to be observed or performed shall, subject as aforesaid, be binding on landlord, its successors and' assigns. 37• Tenant represents that it has dealt with no other broker except Bert Lewis Realty and tenant agrees to pay any commission due. 38. Tenants will indemnify and hold harmless the landlord from any claims by any broker for a commission for procuring tenant. 39. Tenant shall be required to obtain landlord's written 4 consent prior to commencement of any structural change or addition. 40. DEFAULT (A) It is hereby agreed that the landlord shall have the same rights in the event of a breach of any of the provisions of this Rider as are given to it for breach of provisions of the form lease.. (B) If the tenant at any time shall be in default hereunder and if the landlord shall institute an action or summary proceedings against the tenant based on such default, then the tenant will reimburse the landlord for the expenses of attorneys' fees and disbursements thereby incurred by the landlord, so far as the same are reasonable in amount. The amount of such expenses shall be deemed to be additional rent hereunder and shall be due from the tenant to the landlord on the first day of the month following the incurring of'such respective expenses. (C) It is mutually covenanted that if the landlord shall reasonably pay or be compelled to pay any sum of money or shall reasonably perform any act or be compelled to perform any act by reason of the failure of the tenant to perform any one or more of the covenants herein contained, the sum or sums to be paid by the landlord, together with interest thereon at the rate of ten (10%) percent per annum, and costs, shall after then (10) days' written notice and demand, be added to the rent installment next due and shall be collectible in the same manner and with the same remedies as if originally reserved as rent hereunder. (D) In the event of a breach or threatened breach by the tenant of any of the covenants or provisions hereof, the landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity, as if re-entry, summary proceeding, and other remedies were not herein provided for. 41. COMPLIANCE RITB GOVERNMENTAL ORDERS The tenant herein, at its own cost and expense, shall promptly execute and comply with all present and future valid statutes, orders, ordinances, regulations, and requirements and rules of the federal, state, county, municipal, and/or other local governments, if any, and all their departments and bureaus, and of the New York Board of Fire Underwriters or any other similar entity applicable to the premises, whether they be usual or unusual, ordinary or extraordinary, and whether they relate to structural changes or requirements because of the use or occupancy made of the premises by the tenant, or because of any unlawful use or any negligence of the tenant, or any breach or default of the tenant under this lease. 42. ASSIGNMENT 5 (A) TVant shall have the right to assign this lease agreement after having first obtained the consent of the landlord, which consent must be in writing. If such consent is given by landlord, it shall be upon the following conditions precedent: (i) Each assignment of this lease shall be accompanied by an agreement in writing, executed by the assignee, for the benefit of the landlord, wherein the assignee shall assume all the duties and obligations of the tenant herein. Said agreement shall be prepared by the attorney for the landlord, at the sole expense of the tenant. I (ii) said agreement executed by the assignee shall be deposited with the landlord within five (5) days of the making of the assignment. (iii) Any assignment of the lease agreement shall in no way operate to release the assignor from the obligations of the tenant herein. a sum equallto onen mothe each nth's hen scurrent rental lshalllbeedeposited with the landlord by the assignee, to be held by the landlord in addition to and under the same terms as the security herein recited in the form lease. Anything to the contrary herein notwithstanding, in the . event tenant is a corporation and in the further event that a transfer, sale, pledge, or other disposition of the common stock shall occur, under which the right to vote the majority of the stock ortothedridisposiition shalbeconstitute uan assignment salef lease, and, as a result thereof, such transfer, sale, pledge or other disposition of the common stock under which the right to vote the majority of the outstanding capital stock be changed shall be subject to all of the terms, conditions and provisions hereinabove set forth in this paragraph. 43. EXTERMINATION The tenant stipulates and agrees that, at its own expense, it will employ the services of an exterminator at least once each three (3) months during the demised term, or more often, if the landlord finds such additional service necessary. 44. RENEWAL OPTION Provided (i) this lease is in full force and effect, (ii) tenant is not in default hereunder, and (iii) tenant is in actual occupancy (i.e., exclusive of any subtenants) of the entire premises, tenant. shall have the right, exercisable by written notice (the "Election Notice") given to landlord not later than 90 days prior to the last date of the initial term, to elect to extend the term for a five (5) -year period (the 6 OS-07-1??= 12 14FN F~jhI FREDEFIG: i- HEYER Tj1 7273940 p 0a, _ "3GFiEbUU A ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Laurel, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument set on the Northerly line of the Main Road (N.Y.S. Route 25) at the Southeasterly corner of land now or formerly of Eula wells and the Southwesterly corner of land about to be described. Running thence along said land now or formerly of Eula Wells North 26 degrees 44 minutes 30 seconds west 210 feet to land now or formerly of B.H. Kersnowski and R.I. Kersnowski; Thence along said land 3 courses as follows; 1. North 49 degrees 18 minutes 40 seconds East 75 feet to a monument; 2. South'43 degrees 47 minutes 40 seconds East 77 feet to a monument; 3. South 34 degrees 14 minutes 40 seconds East 133 feet to a monument set on the Northerly line of said Main Road; Thence along the Northerly line of said Main Road South 51 degrees 55 minutes 20 seconds West 115 feet to the point or place of BEGINNING. f l ' I f r i i -Oc-07-19?3 12:06PH FROP~F.EDERICI,' C ME''EF TO 7c,39 F.0' t agrees that the said Landlord Soof Landlord's agents The said Tenon hours lore purpose of v `+amm1Djatbe t Same, or sod to enter into and'upon sold premises, or any part thereof. ntsod press making such repairs or alterations therein as may be necessary for the safety vrsmises to Dt~henexwishi 7th. ng 10 agreeserh., a and after the sixty month, next Pr of Tbt Ttaanf slat graudt tAe`Toaaat /urthrLandlord reeding a roes to permit the some hire or purchase the same; to piece 0610c the term bereby granted, the L, Word or the Landlord's agents shall have the r;ghe n t hereby a r ea the trout the said premises, or any part cheroot, offering the Premises "To Let" or "for Sale". and tba Tenant hereby g default be art to remain thereon without hindrance or ton. sib. That if the said promises, or any part thereof shall be deserted or become vacant during said term, or any Of the " a7meat of the said real or any part thereof, or if any default be malt in the pod°rmaum ofmary an roceedingsv made is the p of naves herein contained, the Landlord or representatives may r!-enter the said premises by Jorge, sum otherwise, and remove all persona therefrom, without being liable to prosecution therefor, and the Tenant hereby expressly pay at the same time as the rent erred herein, and of tie Landlord a tent the premises becomes payable under the terms ta r"ater, and I he Tenant e waives the xervice of soy notice on behalf of the Tenant, reserving hereof a right sum to equivalent rent the to the premises for a longer period of time than fixed in n the origiad lease r^without releasing the original Tenant from any liability, applying sal moneys collected, first to the expense of resuming or obtaioiog possession, second to restoring the Premises to a rentable condition, and }ken to the payment of the rent and all other charges due sad to grow due to the Laodiord, any surplus to be paid to the Tenant, who shall remain liable for any deficleacy. 9th. Landlord may replace, at the expense of Tenant, any and all broken glass in and about the demised premises. Landlord may Insure, and keep insured, all plate glass in the demised premises for and in the name of Landlord. Bills, for the premiums therefor shall be redered by Landlord to Tenant at such timss as Landlord Tenant when.readeredand the amount threoi ,hail be deemed to be. and be pa d fas add ionall ebe due from, otat. Da ageond injury to the said premises, caused by the carelessness, negligence or improper conduct on the put of the said Tenant or the Tenant's agents or employees shall. be repaired as speedily as possible by the Tenant at the Tenant's own cost tr and end stair: of said 10th. That the Tenant Shall neither encumber nor obstruct the sidewaalk In trout of, entrance to, premises, nor allow the same to be obstructed or encumbered in any manner. 11th. The Tenant shall neither place, or cause or allow to be placed, any also or signs aa/ any ces as kind bwha e t soev r at, i the Lbout the entrance to said premises or say other part of same, except to or at such place dlord situated or , the Lan signs in oarderto paint the sa. aa arrem aro h tb ,build ng where ntsamea is shall repre necessary acto r my e any ye sthe uch sign Landlord in dlord make hay other repairs, pro or thoers improvements in or upon sa removed and Pep aced at thel Landlordng or the said shall have the right to do do so w,, providing ng repairs, alterations or Improvements shall be completed. or property caused by or 12th. That the Landlord Is exempt from any ant, all liability for may damage or injury to person part said damage building or resulting from steam, electricity, gas, water, rain, tee or snow, or Soy leak or flow from o inroa any from any damage or Injury resulting or arising from any other cause or happening less or injury be caused by or be due to the negligence of the Landlord. 13. That it enter the said promises, nd the same to have again, etpsses+ and en ar. The said Tenant hereby expressly waivesdthe service of any notice in writing of intention to re-enter. 14th. That this instrument shall not be a lien against said premises in respect to any mortgages that are now on or that here. after way be placed against said premises, and that the recording of such mortgage or precedence and he superior and prior n lies of this lease, rresp cure of the date of recording mortgages andsthelTenant agrees to ex- acute without cost, any such instrument Which lord's the Landlord. aortChe Land- and a r fusal to ex cute such instrument- leasse to any such mortgage mortgages, a lord's assigns and legal gal representatives to the oDtien of cancelling this lose without incurring any axpnt^ cr damage and the term hereby grantAlkl!Epreasly limited accordingly- 5 , 400. OOaa security for the (W/ and faithful 16th. The Tenant be9 tihi 0 7 deposited with the Landlord the sum of b ale f be performed, performance by the Tenant of all the terms, covenants and conditions of this lease upon the Tenant's p fevo be the Tenant herei which Sam sum shall be returned to the Tenant alter the time fixed as tke covenants and expirat ontTenant'separtmto be performed. In the event has fully and faithfully , suect carried o othis ut ail least, said terms, c ch benefit of tthee talT neantaand the Landlordshthe all benconsidered f rehave the leased by the Tenant from all liability for the return atrsuthe of & boas security; and the Tenant agrees to look to the new Landlord solely for the return of the said security, and it is agreed that this shall apply to every transfer or assignment made of the security to a new Landlord. 16th. That the security deposited under this lease shall not be mortgaged. assigned or encumbered by the Tenant without the written consent of the Landlord. consent or thvacated, or it e Landlord. the default be ant 17th. It Is expressly understood and agreed that in case the demrodd promises owshall b deserted made in the payment of the rent or any part thereof as herein specified, rth Tea to shall sell, assign. or mortgage this lease or If default be made in the performance of any of the covenants and a[ comp with any of stat lease ordinances, a e ov ehe pyre . reglaTenant to be kept and tions and requirements rof the Federal` State and Local Golvrnme tfs or of any andtall their rules. orders. legu it the Tenant shall file or there be filed against Tenon: a their Departments and Bureaus, applicable to said premises, or petition IN bankruptcy or arrangement, or Tenant be adjudicated + bankrupt or make as assignment for the benefit of creed/tsars or take advantage of any insolvency act, the Landlord may, if the Landlord so elects, at any time thereafter terminate this lease sad the term hereof, our giving to the Tenant five days' notice in writing of the Landlord's intention so to do, and this lease and the term hereof shall expire and come to an end on the data fixed in such notice as iJ the said date were the date originally fixed in this lease for the expiration hereof. Such notice may be given by mail to the Tenant addressed to the demised premises. 16th. Tenant shall pay to Landlord the rent or charge, which may, during the demised term, be assessed or imposed fort the ise, whether em in should rho the seetbn{ oftarwaterfrmotr in the saidsprand wbon the some water used or soon may be assessed e consumed in o on e said imp sedrand wall also pal Ethel expenses determined y latter be required. Tenant shall pay Tepnt'r proportloaate part of the sewer rent or charge imposed upon the building. All such rents or charges or expenses ,ball be paid as additional rent and shall be added to the next month's rent thereafter to pro become due. anyth ises 19th. That the Tenant will not nor will the Tenant permit anderteaants or other person to be kept thing wed h will in any bring Anything into said Premises, or permit anything to be brought into said premiss way increase the rate of fire insurance on said demised premises, nor nse the demised premises or any part thereof, nor suffer or permit their use for any business or purpose which would cause an increase in the rate of Are insurance on said building, and the Teaaat agrees to pay an demand any such increase. 20th. The (allure of the Landlord to insist upon a strict performance of any of the terms, conditions and covenants herein, shall not be deemed a waiver of nay rights or remedies that the Landlord may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions sad covenants herein contained. This instrument may not be changed, modified, discharged or terminated orally. trm of ac his els v shallrcoas b nd to min te fromfChoadate public 21at. If owhole at •nos4 then and domized premises in that Avenel the shall quart pub? r use or nu rirro vesting in sueh proceeding and Tenant shall have no claim against Landlord for the value of any unexpired term of said lease. No part of any award shall belong to the Tenant. deratut, rtmovof, expiration or ,test, or prior to the usmanee o, we _ .`evtid, the said fixtures sad plop kill be deemed abandoned by tit Slid To t and shall become fit pro/rtly of the la Landlord. 23rd. In the event that the rotation of the Landlord and Tenant mar tease or terminate by reason of the st-entry of the 5, - Landlord under the terms and covenants contained in this lease or by the ejectment of the Tenant by summary proteed/pgy se otherwise, of after the abandonment of the premises by the Tenant, it is hereby agreed that the Tenant shall remain limble';' `I and shall pay in monthly payments the real which mottoes aabsequeat to the re-entry by the Landlord, and the Tremor expressly w,:, egress to pay as damages for the breach of the covenants berein contained. the difference between the rest reaerved and the i 11 j+': rent collected mad received, if any, by the Landlord during the remainder of the unexpired term, such difference at deficiency between the rest bertin reserved and the rent collected if any, shall become due and payable In monthly payments during the remainder of the unexpired term, as the amounts of such difference or deficiency shall from time to time be ascertained; and r it is mutually agreed between Landlord and Tenant that the respective parties hereto shall and hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising, i. ' one of of in any wily connected with this leaae,.the Tenant's ass or occupancy of said premises, and/or any Claim of injury,' + or damage. r 24th. The Tenant waives all rights to redeem under any law of the State of New York. 25111. This lease and the obligation of Tenant to pay rent hereunder and perform "all of the other covenants Red agree- aeents hereunder on put of Tenant to be performed shall in nowise be elected, impaired or excused because Landlord its „ ' • unable to supply or is delayed is supplying any servlco expressly or impliedly to be supplied or is usable to make. or It" + Moral In making any repairs, additions, alterations or decorations or is enable to apply me is delayed in #applying Say, a, t equipment or fissures If Landlord is prevented or delayed from so doing by reason of governmental preemption in collate- ties with a National Emergency or in connection with any rule, order or regulation of may department or subdivision thuaolr c ti Of any governmental agency or by reason of the condition of supply and demand which have been or are affected by war or, other emergency, t. 26th. No dimfautios or abatement of tent, of other compensation, shall be claimed or allowed for ineoa?mieaet of diaeom•;}' fort arising from the making of repairs or improvements to the building or to its appliances, not for any apace taken to comply wish may law, ordinance or older of a governmental authority. In respect to the various "services,' If may.' berefe'expressiy or Implledlr agreed to be furnished by the Landlord to the Tenant, it is agreed that there shall be tie diminution or abatement of the rent, or any ether compensation, for ieterruption or curtailment of such'afrviee" when such interruption or curtailment{, • 4 shall be due to accident, alterations or repairs desirable or necessary to be made or to inability or difiiealty is aerating aeppliss !tY at labor for the maintenance of such "service" or to some other cause, not gross negligence on the part of the Landlord. NO Such interruption at curtailment of say such "service" shall be deemed a constructive friction. The Landlord shall Bel bej 1 + r required to furnish, and the Tenant shall not be entitled to receive, any of such services" during any period wbsse/n the Ttaaat Shall be in default in respect to the payment of rent. Neither shall there be any abatement or dimiautlon of real beeaustffffi 'r. PFi of making of repairs, improvements or decorations to the demised premises after the date above fixed for the Cemmeneemsof of any ; , - the sum, it belag understood that rent aball, in any event, commence to rem at such date so above fixed. "~i' 27th. Landlord shall not be liable for failure to give possession of the premises upon commencement date by reason of the' fact that premises are not ready for occupancy or because a prior Tenant or may other person is wrongfully holding ever of is In wrongful possession, or for may other reason. The rent shall not comment# unfit possession is given Or is Ovailabist bat the form herein shall not be extended. a SEE RIDER ANNEXED HERETO J, t f i. And the amid Landlord doth covenant that the said Tenant on paying the said yearly rent, and performing the Covfsaots aforesaid, *ball and may peacefully mad quitty have, hold sod enjoy the said demised premises for the farm aforesaid, pre,.- vided however, that this covenant shall be conditioned upon thi retention of title to the premises by the Landlord. SO it its nlutuallp unberstoob allb agtttb that the covenants and ogteemeats COBfoiaed In the within lease " Shall be binding upon the parties hereto and upon their respective successors, heirs, executors and admisiatraters. 3n MW09 Wbertot, the parties have interchangeably set their buds god seals (or caused these presents to be V* signed by their proper corporate. ofitcers evil caused their proper corporate seal to be hereto afitxed) this day of lJ Signed, sealed. and delivered LKC CORP. In the presence of BYL _isf0 Zit S. t KENNETH COUDREY, PRESIDEN :M)l Oar ! nc.. „ t r ES LEB KERr aCS40454't" L.S. AxJ j Razmataz POS 843 Jamesport, NY 11947 Fire Inspection May 5, 1993 Robert Fisher, inspector 1 i 1. An Underwriters Certificate for the electrical wiring in the building will be required. 2. The vent through the wall in the front west corner shall be properly closed. 3. All decorations shall be fireproof or fire retardent. - - 4. There shall be a minimum of three (3) ten (10) pound fire extinguishers properly spaced through out the public area of the building. These shall be checked monthly by an employee and annually by an approved ' safety company with attached tags. 5. All ceiling fans shall be equipped with thermal cut outs so as to cause the fan to turn off and vents close in case of afire. 6., Exit signs shall be provided to indicate the way to the fire exits, including the front door and in the front of the building where stairs meet for the top two levels. 7. There shall be six (6) sets of emergency lights properly I positioned, operating, and installed so to illuminate exit paths in case of a power outage. These lights shall be checked monthly. 8. Flamability certificates shall be provided for all .decorations. This includes carpets, drapes, wall i covering, and other decorating materials. 9. The exit paths outside the building will be illuminated , all of the way to the public access. 10. Proper hand rails will be provided on all interior and exterior stairs. 11. All exits shall be constructed and maintained in proper condition at all times. j 12. All exit doors shall be constructed and maintained in proper condition at all times. No hardware shall impede egress from an exit door at any time. y 13. All ceilings shall be properly constructed and finished i II~ I. • with no holes or open Joints. Ceilin shall be properly led to the walls and pos t 14. All fire sensors and appropriate wiring shall be properly installed and maintained at all times. An annual documented system analysis shall be conducted by an approved company and entered on a log kept at the i control panel for inspection. i i I r i i I I i i i i i i 1 i ~ I I i 1 a lil IA 1811-Dlumbera', Improved Glhey Form La IL1M1~ JULIU1 nw,nneno. iNC., puau,Men. NYC 10010 BETWEEN JOSE CRENSHAW, Main Road, i Laurel, New York_ 11948, I as Landlord and JASTA, INC., Ma' Road, Laurel, New York, 11948 (JASTA, INC., is doing 7 I business as Ocea ity) as Tenant II Witnt"Ct(j: The Landlord hereby leases to the Tenant the following premises: parking lot at Main Road, Laurel, New York, 11948, it for the term of TOWN i i two (2) years NNING BOARD to commence from the sxtg>xxl 0JX3fXJ4 gWXkkisXRJJXPsxiexit opening of IaxxxxW&&Demiaox%bT the tenant's place of business. iI gxpta& a to be used and occupied only for a parking lot for guests and patrons of Ocean City between the hours of 6:00 p.m. & ;I 15:00 a.m. daily. All covenants and agreements contained herein apply only during the daily hours of 6:00 p.m. and 5:00 a.rp. unless otherwise specifies !as the landlord will be using the parking lot at all other times. I ; upon the conditions and covenants following: lat. That the Tenant shall pay the annual rent of FIVE THOUSAND FOUR HUNDRED AND 00/100---- 'I 1 said rent to be paid in equal monthly payments in advance on the 1St day of each and every month during the !i term aforesaid, as follows: Four Hundred Fifty and 00/100-------- ($450.00) Dollars per month. i J IBC (vton4-A4 SeeL,,r C/ &26 ter,-ad 01/2 rUaI", r4~995~ { i 4-6 bee Uses( aS ~tzs~ Sim I'1cal2~lls ot1P2f2-1 - i 1,2 2nd. That the Tenant shall take good care of the premises and shall, at the Tenant's own cost and expense MAINRXWAj(x 7 clear and clean the parking lot each morning after the completion of each iday's use, i and at the end or other expiration of the term, shall deliver up the demised premises in good order or condition, damages by the elements excepted. 3rd. That the Tenant shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and require- ; meats of the Federal, State and Local Governments and of any and all their Departments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with said premises during said term; and shall also promptly comply with and execute all rules, orders and regulations of the New York Board of Fire Underwriters, or any other similar body, at the Tenant's own cost and expense. 4th. That the Tenant, successors, heirs, executors or administrators shall not assign this agreement, or underlet or under. lease the premises, or any part thereof, or make any alterations on the premises, without the Landlord's consent in writing; or occupy, or permit or suger the same to be occupied for any business or purpose deemed disreputable or extra-hazardous on account of fire, under the penalty of damages and forfeiture, and in the event of a breach thereof, the term herein shall im. mediately cease and determine at the option of the Landlord as if it were the expiration of the original term. 5th. Tenant must give Landlord prompt notice of fire, accident, damage or dangerous or defective condition. If the Premises can not be used because of fire or other casualty. Tenant is not required to pay rent for the time the Premises are unusable. It part of the Premises can not be used, Tenant must pay rent for the usable part. Landlord shall have the right to decide which part of the Premises is usable. Landlord need only repair the damaged structural parts of the Premises. Landlord is not required to repair or replace any equipment, fixtures, furnishings or decorations unless originally installed by Landlord. Land- lord is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under Landlord's control. If the fire or other casualty is caused by an act or neglect of Tenant. Tenant's employees or invitees, or at the time of the fire or casualty Tenant is in default in any term of this Lease, then all repairs will be made at Tenant's expense and Tenant must pay the full rent with no adjustment. The cost of the repairs will be added rent. Landlord has the right to demolish or rebuild the Building if there is substantial damage by fire or other casualty. Landlord may cancel this Lease within 30 days after the substantial fire or casualty by giving Tenant notice of Landlord's intention to demolish or rebuild. The Lease will end IO days after Landlord's cancellation notice to Tenant. Tenant must deliver the Premises to Landlord on or before the cancellation date in the notice and pay all rent due to the date of the fire or casualty. If the Lease is cancelled Landlord is not required to . repair the Premises or Building. The cancellation does not release Tenant of liability in connection with the fire or casualty. This Section is intended to replace the terms of New York Real Property Law Section 117. MAY 1 7 J rl Lrri, f,, rI,Iw1 I'ul rAfrfnl. ..,ua'rd. i'. l , • r I , ,n.l 14• / IU.n1 A/Nlll rt lfl,wlu yf Ln,1 .1111 a• ~ to Irmno for{roo rrthout A,n J"ou or mo/r Lat,oo. jO1r III made is the payment of e sdd rent or nay part thereof, or if any default be made is the Perin in mance of any a contained, the Landlord or representatives may re-eater the said ea by forte otherwierein hse, and remove all persons therefrom, without being liable to sum proceedings ar prosecution n therefor. and t aant hereby expressly waives the service of Any notice is writing of intention to re-enter, and the Tenant s!1XV2V at the same time as the rent jj becomes payable under the terms hereof a sum equivalent to the rent reserved here on behalf of the Tenant, reserving the right to rent the the Landlord may teat the premises premises for a /o period of time than fixed is the original lease without releasing the original Tenant from any liability, applying a oneys collected, first to the expense of resuming or !i obtaining possession, second to restoring the premises to a able condition, and then to the payment of the rent and all other charges due and to grow due to the Landlord surplus to be paid to the Tenant, who shall remain liable for any deficiency, 9th. Landlord may replace, at the use of Tenant, any and all broken glass in and about the demised premises. Landlord may insure, and keep insured plate glass in the demised premises for and in the name of Landlord. Bills, for the premiums therefor shall be ren y Landlord to Tenant at such times as Landlord may elect, and shall be due from, and payable by Tenant when ered, and the amount thereof shall be deemed to be, and be paid as, additional rental. Damage and injury to the sat emises, caused by the carelessness, aeglfgeace or improper conduct on the put of the said Tenant or the Tenant's 10th. That the Tenant shall neither encumber nor obstruct the sidewalk in front o/, entrance to, or balls and stairs of said premises, nor allow the same to be obstructed or encumbered in any manner. 11th. The Tenant shall neither place, or cause or allow to be placed, any sign or signs of any kind whatsoever at, in or about the entrance to said premises or any other part of same, except in or at such place or places as may be indicated by the Land. lord and consented to by the Landlord in writing. And in case the Landlord or the Landlord's representatives shall deem it necessary to remove any such sign or signs in order to paint the said premises or the building wherein same is situated or ,j make any other repairs, alterations or improvements in or upon said premises or building or any part thereof, the Landlord shall have the right to do so, providing the same be removed and replaced at the Landlord's expense, whenever the said repairs, alterations or improvements shall be completed. 12th., That the Landlord is exempt from any and all liability for any damage or injury to person or property caused by or ' resulting from steam, electricity, gas, water, rain, ice or snow, or any leak or Sow from or into any part of said building or from any damage or injury resulting or arising from any other cause or happening whatsoever unless said damage or injury j be caused by or be due to the negligence of the Landlord. 13th. That if default be made is any of the covenants herein contained, then it shall be lawful for the said Landlord to re- i enter the said premises, and the same to have again, re-possess and enjoy. The said Tenant hereby expressly waives the service of any notice in writing of intention to re-enter, 14th. That this instrument shall not be a lien against said premises in respect to any mortgages that are now on or that here. :1 ! after may be placed against said premises, and that the recording of such mortgage or mortgages shall have preference and precedence and be superior and prior in lien of this lease, irrespective of the date of recording and the Tenant agrees to ex ecute without cost, any such instrument which may be deemed necessary or desirable to further effect the subordination of this 1 /ease to any such mortgage or mortgages, and a refusal to execute such instrument shall entitle the Landlord, or the Land. lord's assigns and legal representatives to the option of cancelling this lease without incurring any expense or damage and the term hereby granted is expressly limited accordingly. 15th. The Tenant has this day deposited with the Landlord the sum of $ as security for the fnd faithful performance by the Tenant of all the terms, covenants and conditions of this lease upon the Tenant's part to ube performed, which said sum shall be returned to the Tenant after the time fixed as the expiration of the term herein, provided the Tenant has fully and faithfully carried out all of said terms, covenants and conditions on Tenant's part to be performed. In the event of a bona Ede sale, subject to this lease, the Landlord shall have the right to transfer the security to the vendee for the benefit of the Tenant and the Landlord shall be considered released by the Tenant from all liability for the return of such security; and the Tenant agrees to look to the new Landlord solely for the return of the said security, and it is agreed that j this shall apply to every transfer or assignment made of the security to a new Landlord. i 1 16th, That the security deposited under this lease shall not be mortgagedi assigned or encumbered by the Tenant without the written consent of the Land/ord. 17th. It is expressly understood and agreed that in case the demised premises shall be deserted or vacated, or if default be j made in the payment of the rent or any part thereof as herein specified, or if, without the consent of the Landlord, the Tenant -i i shall sell, assign, or mortgage this lease or if default be made in the performance of any of the covenants and agreements in ;j this lease contained on the part of the Tenant to be kept and performed, or if the Tenant shall fail to comply with any of the statutes, ordinances, rules, orders, regulations and requirements of the Federal. State and Local Governments or of any and all their Departments and Bureaus, applicable to said premises, or if the Tenant shall file or there be filed against Tenant a j petition in bankruptcy or arrangement, or Tenant be adjudicated a bankrupt or make an assignment for the benefit of creditors ~i ; or take advantage of any insolvency act, the Landlord may, if the Landlord so elects, at any time thereafter terminate this ' I lease and the term hereof, on giving to the Tenant five, days' notice in writing of the Landlord's intention so to du, and this i lease and the term hereof shall expire and come to an end on the date fixed in such notice as if the said date were the date originally fixed in this lease for the expiration hereof. Such notice ma be i . demised premises. Y given by mail to the Tenant addressed to the 18th. Tenant shall pay to Landlord the rent or charge, which may, during the demised term, be assessed or imposed for the water used or consumed in or on the said premises, whether determined by meter or otherwise, as soon as and when the same ~t may be assessed or imposed, and will also pay the expenses for the setting of a water meter in the said premises should the latter be required. Tenant shall pay Tenant's proportionate part of the sewer rent or charge imposed upon the building. All such rents or charges or expenses shall be paid as additional rent and shall be added to the next month's rent thereafter to become due. 19th. That the Tenant will not nor will the Tenant permit undertenants or other persons to do anything in said premises, or bring anything into said premises, or permit anything to be brought into said premises or to be kept therein, which will in any way increase the rate of fire insurance on said demised premises, nor use the demised premises or any part thereof, nor suffer or permit their use for any business or purpose which would cause an increase in the rate of fire insurance on said building, and the Tenant agrees to pay on demand any such increase. 20th. The failure of the Landlord to insist upon a strict performance of any of the terms, conditions and covenants herein, shall not be deemed a waiver of any rights or remedies that the Landlord may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. This instrument may not be changed, modified, discharged or terminated orally. 213t. If the whole or any part of the demised premises shall be acquired or condemned by Eminent Domain for any public or quasi public use or purpose, then and in that event, the term of this lease shall cease and terminate from the date of title vesting is such proceeding and Tenant shall have no claim against Landlord for the value of any unexpired term of said lease. No part of any award shall belong to the Tenant. -IMT as.-t. . i and c o,enan(a too N•arJ ,e rA•a !uv or by 'he el ratmenr or 'he lOvant by or LeMbrl •wfel rte vrm• aummeq p/oreedin<a or ' eel e,~ne, or •/rrr the abandonment of the premises by the Tenant, it is hereby agreed that the Tenant shall remain liable and shall pay in monthly payments the rent which accrues subsequent to the re-entry by the Landlord, and the Tenant expressly i agrees to pay as damages for the breach of the covenants herein contained, the difference between the feat reserved and the rent collected and received, if say, by the Landlord during the remainder of the unexpired term, such difference or deficiency . , between the rent herein reserved and the rent collected if any, shall become due and payable in monthly payments during the remainder of the unexpired term, as the amounts of such difference or deficiency shall from time to time be ascertained; and it is n{utually agreed between Landlord and Tenant that the respective parties hereto shall and hereby do waive trial by jury in goy action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in Say way connected with this lease, the Tenant's use or occupancy of said premises, and/or any claim of injury or damage. l 24th. The Tenant waives all rights to redeem under any law of the State of New York, i 25th. This lease and the obligation of Tenant to pay rent hereunder and perform SII of the other covenants and agree- II meats hereunder on part of Tenant to be performed shall in nowise be affected, impaired or excused because Landlord is unable to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make, or is ;i delayed in making any repairs, additions, alterations or decorations or is unable to supply or is delayed in supplying any ~i equipment or fixtures if Landlord is prevented or delayed from so doing by reason of governmental preemption in connec. I, Lion with a National Emergency or in connection with any rule, order or regulation of any department or subdivision thereof of any governmental agency or by reason of the condition of supply and demand which have been or are affected by war or 'I I other emergency. ii 26th. No diminution or abatement of rent, or other compensation, shall be claimed or allowed for inconvenience or discom- fort arising from the making of repairs or improvements to the building or to its appliances, nor for any space taken to comply ,i with any law, ordinance or order of a governmental authority. In respect to the various "services," if any, herein expressly or impliedly agreed to be furnished by the Landlord to the Tenant, it is agreed that there shall be no diminution or abatement of the rent, or any other compensation, for interruption or curtailment of such "service" when such interruption or curtailment i shall be due to accident, alterations or repairs desirable or necessary to be made or to inability or difficulfy in securing supplies or labor for the maintenance of such "service" or to some other cause, not gross negligence on the part of the Landlord. No such interruption or curtailment of any such "service" shall be deemed a constructive eviction. The Landlord shall not be v required to furnish, and the Tenant shall not be entitled to receive, any of such "services" during any period wherein the Tenant shall be in default in respect to the payment of rent. Neither shall there be any abatement or diminution of rent because of making of repairs, improvements or decorations to the demised premises after the date above fixed for the commencement of the term, it being understood that teat shall, is any event, commence to run at such date so above fixed. 27th. Landlord shall not be liable for failure to give possession of the premises upon commencement date by reason of the fact that premises are not ready for occupancy or because a prior Tenant or any other person is wrongfully holding over or is in wrongful possession, or for any other reason. The rent shall not commence until possession is given or is available, but the term herein shall not be extended. j i I j I i i And the said Landlord doth covenant that the said Tenant on paying the said yearly rent, sod performing the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy the said demised premises for the term aforesaid, pro- vided however, that this covenant shall be conditioned upon the retention of title to the premises by the Landlord. SO it tg MUN41Ip ullber.000b allb agrttb that the covenants and agreements contained in the within lease shall be binding upon the parties hereto and upon their respective successors, heirs, executors and administrators. 311 MINIS Mt)trt01 the signed by their ' Parties used interchangeably set their hands and seals (or caused these presents to be proper corporate officers and caused their proper r corporate seal to be hereto affixed) this day ol 1993 Signed, sealed and delivered in the presence of F "CXE1Vg I By. T4Le S. ;mes r, Msi dent 1 ^ J i, f 00 u Q ro4 u d FL,~ ~~gS f t ZZ N Xt ~a~ry Wt T/~A.il( /~STXJ (SAL) ~ L/~ - ' l'RJ~P C~XISTIIJG $J~LOII~V Z.~. SUP,-OLK COUNTY DEPgRTMENT OF HEALTH Go.sed on the informati H.D. Ref. No. SERVICiS SER determined that this rOn subm,Ned it has betxt additional p °lecf does not require ~e disposal or water supply fatilifies. c" e i ; ` APProved in accordance with ' determination Board of ROVIpw dated Y n " a MAY n rc yin, -2&r~ PIZ Ur 4 FsE~o ins<-.o o, ~PNa eJa-Atr ilUl a a-ys, Ar.A ~t~Ro 't't~ MR. Kfilr,.lgTk cv~taa~Y . ~IUI C 6 G 0 d 11, lhl,t~rd. N1 D NIT 11. Cofnmissioner From: Dennis Moran, P.E. L Chairman, Board of Review N m° tip c Subject: Report of Findings and Recommendations of the Review Board Regarding: W or Evaluation No. F93-135, Ocean City Club, Property NIS Main Road, No 2933 Ft. W/0 Factory Avenue, Laurel, Town of Southold N SCtM 1000-122-6-36. cn N Applicant: James Lubkuecher, President Jasta, Inc., Main Road Laurel, New York 11948 Notice of Hearing: November 30, 1993 - Hearing Date: December 15, 1993 Statement of Problem The project sewage design flow exceeds population density equivalent as required by Article 6, Section 760-607 (La and 2.a) of the Suffolk County Sanitary Code. Findings and Facts 1. Applicant is proposing to reopen an existing tavern with a 75 seat capacity. The tavern has been closed since 1986. 2. The site is 17,850 square feet in area with a 2,800 square foot building structure. The facility was built in 1973 with an expansion added in 1983. 3. Site is in Groundwater Management Zone #IV. 4. Public water is not available; on-site existing well to be used. No water quality data provided to the Board. Well is approximately 75 feet from a sanitary leaching pool. 5. The allowable yield at density 123 gpd (300 gpd exemption); the design flow is 1,025 gpd. 6. Prior permits issued for 140 seats (Razarmataz). Sanitary system constructed and approved - to accomodate 140 seat capacity (MA-30A). MAY 1 7 p. '3 Vj. I,VA) Factory Avcnue, L.autcl, 7lLwn ,I Southold, :i(~IZt I000- i ~1-q-yr,, Findings and Facts cont'd 7. Facility will be tavem only with no food service. Deternwtation It was a 3 to 0 determination of the Board to grant the request to reopen the facility with a maximum seating capacity of 75 customers based upon pre-existing use. Approval is conditioned upon providing water from the on-site well which meets drinking water standards. Date Dennis Moran, P.E., Chairman ' DM/lr 1 APPEALS BOARD MEMBERS ~o~~gUFFO(~ co Gy Southold Town Hall Gerard P. Goehringer, Chairman o= < 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 11, 1995 1 To: Mr. Kenneth Coudrey 450 William Floyd Parkway Shirley, NY 11967 Mr. James Lebkuecker Jasta, Inc. P.O. Box 843 Jamesport, NY 11947-0843 LKC Corp. 450 William Floyd Parkway Shirley, NY 11967 Re: Appl. No. 4246 - Special Exception for Sports Bur (Ocean City) Gentlemen: You may recall that the use of your premises at 6955 Main Road, Mattituck, is subject to a follow-up public hearing and review within the next several weeks. Previously, it was brought to the Town's attention that there have been numerous complaints about the parking, egress and ingress to the site, and excessive occupancy. It is expected that a public hearing will be advertised and held, tentatively for June 7, 1995. You may contact our office at any time if you have questions. Very truly yours„ GERARD P. GOEHRiNGER CHAIRMAN cc: Building Department P.S. Attached is a copy of a letter addressed to the Building Department from the easterly neighbor. nom: APPEALS BOARD MEMBERS Lx 1 Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. u~ _„ygf ` C P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 16, 1994 To: Kenneth Coudrey 450 William Floyd Parkway Shirley, NY 11967 Mr. James Lebkuecker ` Jasta, Inc. P. 0. Box 843 Jamesport, NY 11947 Re: Appl. No. 4246 - Special Exception Gentlemen: Enclosed please find a copy of the findings and determination, with conditions, rendered by the Board of Appeals concerning the above-noted application at our Special Meeting held on June 13, 1994 (at which you were both present). Please be sure to return to the Building Inspector, Planning. Board, and any other agency which may have jurisdiction for issuance of final permits and approvals before occupying the premises for business purposes. We have furnished copies of this approval to the Building Department and Planning Board offices for their update and permanent recordkeeping: Very truly yours, Linda Kowalski, Clerk Board of Appeals Enclosure Copies of Decision to: Town Building Department Town Planning Board APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman ~Iil 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. " 4 Robert A. Villa Southold, New York 11971 3 ' ~1 Richard C. Wilton Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION Appl. No. 4246 - LKC CORP. This is a request for a Special, Exception to establish (re-establish) a drinking establishing use as listed under Article Xi, Section 100-101B of the Zoning Code in an existing. principal building. The subject premises is nonconforming with a lot area of approximately one-half acre and 115+- ft. frontage along the north side of the Main Road and is located in the B-General Business Zone District. Property Address: 6955 Main Road, Laurel, NY; County Tax Map No. 1000-122-6-36: WHEREAS, after due notice, a public hearing was held on June 8, 1994, at which time all persons who desired to be heard were heard; and WHEREAS, Article IX, Section 100-1018 specifically allows a "drinking establishment" in this B-General Business Zone District; and WHEREAS, the prior use of the subject building; as exists, was for a drinking establishment known as. "The Raz-Ma-Taz" and which was established under the zoning code in effect prior to January 1989 and which did not require a Special Exception or other Zoning Board of Appeals action; and WHEREAS, the Board has considered the general standards listed at Section 100-263 of the zoning code; and determines that: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts; C. That the safety, health, welfare, comfort, convenience or order of the town will not be adversely affected by the proposed use and its location; D. That the use will be in harmony with and promote the general purposes and intent of this chapter (see notations, infra); Page 2 - Appl. No. 4246 Aplication of LKC CORP. " Decision Rendered-June 13, 1994 E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance; F. That the building in which the proposed use is hereby authorized must be readily accessible for fire and police protection; and WHEREAS, the surrounding area consists of the following uses and business: (a) to the west are a car wash facility, car repair business (Tyler), masonry and landscaping businesses; (b) to the east are Kreiger Well E Pump, a hobby shop with retail sales, a newspaper publishing and distribution center; (c) to the south is the Main Road and to the southeast is a gasoline service station with accessory convenience store, (d) to the north is the L.I. Railroad; WHEREAS, the Board Members in. making this determination, have considered subsections A to P, inclusive, of Section 100-264 of the Zoning Code, and finds that additional conditions and safeguards are necessary and are hereby incorporated in this permit-as further noted below; NOW, THEREFORE, on motion by Chairman Goehringer, seconded by Member Dinizio, it was DETERMINED, that the within application meets all the standards and use provision of the zoning code; and it was further RESOLVED, to GRANT a Special Exception, for the (re-instatement of) use as a drinking establishment pursuant to Article XI, Section 100-1018, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The owner and/or operator of this proposed establishment shall provide parking attendants during high-occupancy hours (especially for evening events) in order to direct vehicles for appropriate parking on this parcel and to the adjoining Crenshaw parcel to the west, and with all efforts shall be taken in avoiding hazardous or unsafe conditions to the customers, the traveling public, and adjoining property owners in the area; 2. This Special Permit is based upon the maximum occupancy of 75 persons total at these premises at any one time. Any increase in this maximum-permitted occupancy (established by the Suffolk County Department of Health Services) may require further application and re-consideration by the Board of Appeals, the Planning Board, and other agencies having jurisdiction hereunder. 3. Overflow parking must be available on an adjoining parcel. Presently, this permit is subject to the limited two-year lease for overflow parking on the Crenshaw parcel to the west. Further Page 3 - Appl. No. 4246 ' Aplication of LKC CORP. • Decision Rendered June 13, 1994 consideration may be required in the event sufficient parking is not made available. 4. Owner and/or operator shall furnish a written detailed statement, under oath, as to the number of persons occupying the premises at any one time during:the next 10-month period. 5. The occupancy at this site shall be limited to 75 persons; maximum total (building and outside areas), as requested. 6. This permit shall expire on July 31, 1995, and may be renewed, after a further public hearing. and. after further Board consideration of all the Zoning Code standards and considerations listed at Sections 100-263 and 100-264. pertaining to the effects, of this use. 7. Based upon the Code of the Town of Southold, the use of the premises is limited to only one principal use. 8. This Special Permit is subject to the owner and/or operator's obtaining written approvals from the Southold Town Planning Board, the Southold Town Building Department, Suffolk County Department of Health Services, and any other agency having jurisdiction thereunder before occupancy; 9. The buffer zone-area. shall remain as shown (any change will require review and approval by the Zoning. Board Chairman); 10. All lighting. must be shielded to the ground and not be adverse to neighboring areas. 11. Parking shall. be limited to this site and. the adjoining Crenshaw parcel (during the term of the lease or agreement), without parking along the shoulder of the Main Road or other unauthorized areas; 12. Additional or overflow parking must be valet-type (with attendants). Additional or overflow parking is necessary by separate written agreement with the owner of another nearby land. Vote of the Board: Ayes: Messrs. Dinizio, Wilton and Goehringer. (Member Villa and Member Doyen, of Fishers Island, were absent.) This resolution was duly adopted. RECEIVED. AND FILED BY~ THE SOUTHOLD TOWN CLERK/ DATE/y 9UR E ARD P. GOEH NGE , CH RMAN /.RD OF APPEALS Town Clezk, Town of '~outhold _ =o~~g~FFOCk~oGy~ Town Hall, 53095 Main Road °y Z Fax (516) 765-1823 P. O. Box 1179 ,+0 • g Telephone (516) 765-1802 Southold, New York 11971 .f. col ~ ~a OFFICE OF THE BUILDING INSPECTOR TOWN OF SOUTHOLD I l TO: Zoning Board of Appeals FROM: Gary J. Fish, Building Inspector RE: Ocean city and its compliance with the Special Exception rendered June 13, 1994. DATE: May 17, 1995 I am sure all members of the board are aware of the violations to the Special Exception that exists at Ocean City. In particular, the parking situation and the occupancy load as it applies to the Health Department requirements. In the early morning hours of May 13, 1995 at approximately 1:00 A.M. I made a visit to ocean City and personally observed overcrowding inside the establishment and many cars parked along Route 25 on both sides of the road. There were in my estimation well in excess of 200 persons inside and as many as 60 cars parked along Route 25. These are both direct violations of the Special Exception that Ocean City has and in light of these violations, I recommend that their Special Exception be revoked as stated in the Zoning Code of the Town of Southold Article XXVI Chapt. 100-262 D. (2). GJF:gar FORM NO.4 ` TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy 212953 November 1 1984 No . Date THIS CERTIFIES that the building . . . . . ....Addition.and Alteration Location of Property 69.55 Main Rd. (RT. 25) . Laurel House No. Street Ham/et County Tax Map No. 1000 Section ..12?....... Block ...06 Lot ...036 Subdivision......... X .....................Filed Map No. ........Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated April 30 19 84 pursuant to which Building Permit No. 131552 dated , May 24 19 iA , 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 Addition to Existing.Toilet_ Rooms & Alter 2nd Floor To Mezzanine The certificate is issued to DAVID ,SALAND,.,,,,_,,,,.,,,,,,,,,,,,, (owner, /esseeaKeAeRd of the aforesaid building. Suffolk County Department of Health Approval N/.P UNDERWRITERS CERTIFICATE NO N661758 Building Inspector Rev. 1/81 Y Razmataz POB 843 Jamesport, NY 11947 Fire Inspection May 5, 1993 Robert. Fisher, inspector I 1. An Underwriters Certificate for the electrical wiring in the building will be required. 2. The vent through the-wall in the front west corner shall be properly closed. ' 3. All decorations shall be fireproof or fire.retardent. i 4. There shall be a minimum of three (3) ten (10) pound fire extinguishers properly spaced through out the public area of the building. These shall be checked monthly by an employee and annually by an approved i safety company with attached tags. 5. All ceiling fans shall be equipped with thermal cut outs so as to cause the fan to turn off and vents close in case of a fire. 6.- Exit signs shall be provided to indicate the way to the fire exits, including the front door and in the front of the building where stairs meet for the top two levels. 7. There shall be six (6) sets of emergency lights properly positioned, operating, and installed so to illuminate exit paths in case of a power outage. These lights shall be checked monthly. 8. Flamability.certificates shall be provided for all decorations. This includes carpets, drapes, wall covering, and other decorating materials. .9. The exit paths outside the building will be illuminated all of,the way to the public access. i j 10. Proper hand rails will be provided on all interior and exterior stairs. 11. All exits shall be constructed and maintained in proper condition at all times. i. 12. All exit doors shall be constructed and maintained in proper condition at all times. No hardware shall impede egress from an exit door at any time. 13. All ceilings shall be properly constructed and finished PLANNING BOARD MEMBERS Richard G. Ward, Chairman r Town Hall, 53095 Main Road George Ritchie Latham, Jr. P. O. Box 1179 Bennett Orlowski, Jr. Southold, New York 11971 Mark S. McDonald Fax (516) 765-3136 Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE April 28, 1994 TOWN OF SOUTHOLD James Lebkuecher Ocean City Club P. O. Box 843 Jamesport, NY 11947 RE: Site Plan for Jasta, Inc. Formerly RAZ-MA-TAZ Route 25, Mattituck Zoning District: General Business (B) SCTM# 1000-122-6-36 Dear Mr. Lebkuecher: In our telephone conversation of last week you mentioned that you would not be serving food. Restaurants are a permitted use in this General Business zone. However, drinking establishments are permitted only by Special Exception of the Board of Appeals. If your health Department approval is for a commercial kitchen and you wish to serve food your use would be permitted, if you are a drinking establishment only and not a restaurant you must make application to the Board of Appeals for a Special Exception for a drinking establishment. Before any possible Planning Board approval the Special Exception must be obtained. If you have any questions, or require further information, please please contact this office. S' ce e 4y, 424bert~ G. Kassner Site Plan Reviewer cc: Thomas Fisher, Senior Building Inspector In Charge Gerard P. Goehringer, Chairman, Board of Appeals ~ i o~volffo1/r COO PLANNING BOARD MEMBERS o 4c 70 Richard G. Ward, Chairman Town Hall, 53095 Main Road George Ritchie Latham, Jr. p • P. O. Box 1179 Bennett Orlowski, Jr. Southold, New York 11971 Mark S. McDonald Fax (516) 765-3136 Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD r TO: Gerard P. Goehringer, Chairman, Zoning Board of Appeals From: Robert G. Kassner, Site Plan Reviewer Q-1 RE: Proposed Site Plan for D ~ ~ FE Q M Jasta Int. (formerly Directors Seat/ RAZ_MA_TAZ) I1 Main Road, Mattituck tM r1RM Zoning District: General Business (B) I' SCTM# 1000-122-6-36 u DATE: April 18, 1994 The Planning Board is currently processing a site plan for the above referenced property. The original site plan for The Directors Seat was approved on January 10, 1983, when the zone was General Business (B1), and the use was permitted for a restaurant as there was no drinking establishment in the code at that time. The current zone, General Business (B), continues to permit restaurants but drinking establishments are permitted only by Special Exception. The Board would like to know if this applicant must obtain a Special Exception under present zoning for a sports bar. CC: Thomas Fisher, Senior Building Inspector In Charge \ PUREWATER r DIV. OF KREIGER WELL & PUMP CORP. MAY 15'- BOX 101 . MAIN ROAD MATTITUCK, NEW YORK 11952 PHONE (516) 298-4141 • FAX (516) 298-4426 BUILDING DEPARTMENT MAY 12, 1995 SOUTHOLD TOWN NEW YORK RE: ABUSE OF PARKING TO WHOM IT MAY CONCERN: ~r WE HAVE AN ONGOING PROBLEM HERE AT KREIGER WELL 6 PUMP CORP. LAST YEAR A NEW BUSINESS SPRANG UP AT THE LOT TO THE WEST OF US. THIS BUSINESS IS CALLED OCEAN CITY._ IT SEEMS THEY HAVE QUITE A CROWD AT NIGHT. THE PARKING AVAILABLE AT THE OCEAN CITY SITE IS INSUFFICIENT. PEOPLE HAVE BEEN USING ALL OF THE NEARBY BUSINESSES TO PARK. WE'VE EVEN PUT UP PARKING BARRIERS IN FRONT OF THE OFFICE ONLY TO FIND THEM TAKEN DOWN THE NEXT MORNING. ALONG WITH THAT PROBLEM, WE HAVE TO POLICE THE AREA FOR BEER BOTTLES 6 CANS, FOOD WRAPPERS, PAPER BAGS, BROKEN GLASS, ETC. AFTER EVERY EVENING SESSION THEY HOLD. A SECONDARY PROBLEM HAS US CONCERNED. SOMEONE HAS PUT UP A NYNEX PAY PHONE RIGHT ON THE EDGE OF OUR PROPERTY, ACTUALLY ON THE ADJACENT PROPERTY ABOUT A FOOT FROM OUR PROPERTY LINE. EVERYONE IS USING OUR PARKING LOT TO PARK WHILE USING THE PHONE. THIS INCLUDES TRAVELERS, BUSINESS PERSONS, TRUCK DRIVERS, DELIVERY PEOPLE AND SOME QUESTIONABLE CHARACTERS. THERE HAVE BEEN TOO MANY INCIDENTS WHERE WE COULDN'T LEAVE THROUGH OUR GATE BECAUSE OF CARS USING OUR LOT TO PARK WHILE MAKING A PHONE CALL. LARGE SEMI-TRAILERS HAVE PARKED IN FRONT BLOCKING THE WHOLE DRIVEWAY. WHEN WE GET DELIVERY TRUCKS TO DROP OFF MERCHANDISE, THEY CAN'T BACK IN OR PULL OUT BECAUSE OF WHAT I WOULD CALL ILLEGAL USE OF OUR PROPERTY TO PARK. WE'VE HAD ONE INCIDENT WHERE A TRUCK COULDN'T CONTINUE TO BACK UP TO OUR GATE AND A CAR COMING FROM THE WEST HAD TO SLAM ON THEIR BRAKES TO AVOID A COLLISION. THE FIRST PROBLEM SHOULDN'T EVEN EXIST BECAUSE OF LACK OF PARKING AT THEIR SITE. THE BUSINESS SHOULDN'T BE ALLOWED TO EXIST IF THERE ISN'T PROPER PARKING. THE PEOPLE WHO OWN OR RUN OCEAN CITY APPROACHED US BEFORE THEY OPENED. THEY WANTED OUR OK TO USE OUR PARKING LOT. WE SAID NO. THE SECOND PROBLEM IS THE STRAW THAT BROKE THE CAMELS BACK. NOW WE HAVE PROBLEMS IN THE DAY AS WELL AS THE NIGHT. WE ASK YOU TO PLEASE LOOK INTO THIS PROBLEM AND GET BACK TO US. AS A LONG STANDING BUSINESS IN THE COMMUNITY WE FEEL WE HAVE THE RIGHT TO OBJECT TO THE ABOVE. SINCERELY, TOM DEMOPOULOS MANAGER-PUREWATER DIV. KREIGER WELL S PUMP r. _ aUW n~ JUN 2 21994 I PLANNING BOARD MEMBERS { ~Vf Richard G. Ward, Chairman a K Main Road George Ritchie Latham, Jr. > Q, ` P. O. Box 1179 Bennett Orlowski, Jr. a 1 Southold, New York 11971 Mark S. McDonald Fax (516) 765-3136 Kenneth L. Edwards ,may " Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 21. 1994 James Lebkuecher ~3 r Ocean City Club Soy s P. O. Box 843 1~~8 + Jarnesport, NY 11947 2 RE: Site Plan for Jasta, Inc. Formerly RAZ-MA-TAZ Route 25, Mattituck Zoning District: General Business (B) SCTMN 1000-122-6-36 Dear Mr. Lebkuecher: This letter will confirm our discussions at the Board's work session of June 20, 1994. Handicapped ramp will be constructed at the front entrance. Curbing to be placed at the east side of the entrance and parking lot. . Sign to be reduced in size as per Building Department request. If you have any questions, or require further information, please contact this office. Kassner 204/w Site Plan Reviewer cc: Thomas Fisher, Senior Building Inspector In Charge Berard P. Goehringer, Chairman, Board of Appeals 6.3 TOWN --OF SOUTHOLD PROPERTYJ RECORD CARD OWNER STREETbi q j VILLAGE DIST. SUB. LOT t FORMER OWNE ld (CL E ACRj A e4 I ~Zj . Jt ~S%lf l Yl C LL e -1 IgIUA /Lt Ia~G( S/~ W TYPE OF BUILDIN SAL I n l~dad % oLQ Cn /C QS aura ~ ~ RES. SEAS. VL. FARM OMM CB. MISC. Mkt. Value s _ LA/ND IMP. TOTAL DATE REMARKS /S1 7-3 5_6 /0/~d QQO ~°h5~ oWSK j T /rz el- 3 vv y/ e., o / v y by s'v 01.1 8)b. e '789z SUILI) A1 'c oo. C c) SrG ~ Soak its ~tty ~ • a'ca r 0~,"'."+ 3G b b / 13,/' //4/.3 ca~V p~ec~ d r'. c. //?/.j.~ i Q d Q /a L g„ y r G Jog Oe ~~/a ~n11f~G/ S..-us Saco 6,( A.2"4 rato}76 Sa/ah /a7 "19113 d a*/o/'f 4c y,~S&co L-- AGE BUI DI G CONDIT O A, 36a / . 5/2 G3LcI -?Z w (t(~~~EiC CL° ?t~J?ao.' NEW AGO NORMAL BELOW A OV 101-2 7 - J? 14c(~ BCICof5u4c>J 1(6.Q5x G) PA /156 - L. FARM I zM 6 fn©o Tev i78,0o 9 z 7• I - j< -16 ze, ~yd Tillable I 9 788- H)'1025 5- ah A •lo C,wAret"l - 555Doa Tillable 2 o a7 qa_ aLj I - Y - Tillable s $ isl9~/ 8?''~ -co i CA /lQ/~ QS'Gci~~ Woodland f/ Swampland FRONTAGE ON-`"*E-R- op~ Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD Total' DOCK l COLOR L -4-4 7 V a AIVI III- TRIM V - f 1 i / ~ II M. Bldg%y " / _ ~d 3 X76 Foundation r Bath Dinette i Extensio~ip3' ~X ( z 320 ` % Basement IrV Floors K. IA T~ Exte siorTj X { 2 0 4z 2~ 30~ Z Ext. Walls v ~l Interior Finish Y LR. Extension Fire Place p Heat DR. I (p$q f Type Roof Rooms 1st Floor BR. Porch Recreation Roo Rooms 2nd Floor FIN. B. it i Porch Dormer Breezeway Driveway Garage - i j Patio I O. B. 1 Total p _ G t STATE OF NgW YORK) CONY OF SWTOZR) ss.: GARY COUDPRrr being duly ga,~ 1• I reside deposes 11967, at 450 Williaa gl says; a oyd Pa ~"a3and Shirley, pep York 2. I am the Secret is the President te' of 1:KC Corporation of said Corporation. Renneth Couclrey 3. o and r the T every been At rt ties have SPloyed or assooiat ~+n of Southold. ad with S~ to before ae this r COpp~ SECRgTARY day of May'. 1994. C otary Pub., a ' WARY MAK Soft of MW yak Ib. 5246IM9. SufWk I . Tom e*" immy 1q CD rGC/ ~ 2-c~ C~p _ _iw h S•yp ~ f.. F ~ OUyY G:nwBK.f tiYtiiTKa.G 4 t+ •wa.arY' wm..cE ern}a.. aria H3 h, 7 CBS © PNZK IIJ(y- CALGUUi T1of.1S v extsrwvwr,•nt T~.~s..yn~cr+r t8i _ . \ err O Zon.w n wn . cS.T T N (ID 0 r - ~uP~y wYS""..c.tos (wbM) _ =r 1 (ID : : - (yzo I Ac ....aa) 1D tsar r WWTS ` ~4? _ ® - / t ~t _ ~ t+.as2~:e--' Rdl 6~^tti•t'iG _ / ~ _ 0 Tovaa. t1i CRASS 1 1a / u. caerc Pna+un w -`nary . ' T-N. J ('swna~ i3Paart.G/ s 42 aA• ISHitLDLG ~IOMTt m t 1 ' Ifs i a.ee®®oe VAN i Ae I "P11tJ't lrwlba r y- 0~~~.I 'u CY~Sr,.w .~u. ~ec.~w.t $0Ui71'PD i~ it , g 51'39' .Sa~1' 2a.~r /6.0 2433 - ro sKTO0.Y AVCNVC . ~ ROAD ~N,Y. S: FYrE ZS) - MAP Z* 1CO0-122-OG-36 opPSEO SITS ?LAf`f ~ I I 1 V ` FOR G L- U d OGE AN G I T s~ z 1• / suu o arw aY~A )dM~• wcwam AaJ0.(:L,h:NaW Y O0.K AJCKIN6 OAAINAGE { Lr /'f0/ l5 r .awe vaw a• w trw wwaaw - • ,per F .1.4 ill. i 0 J `n t U - - ~ o d IU w z : y~ A 4 ~l~ z n orb P, f~r1 m^ . rM,;K /2SU'I Gam) TPS P E~clSrr~IG f3UI~DInJV . SUr--,'pLK COUNTY DEPARTMENT OF HEALTH SERyICr r Posed on the informaH H.D. Ref' No. ~1 ¢ determined that this SObm+lted it pro has b'e'an-.- j Q ad~d-il~io~na-l~gewa8 project does not re . _e disposal o sappiY foaiiifes. APProved in accn~ +i deten ailk 71 Ce with Board of Rene non dated ~ 1 5 ~x' .w~ ya I. MAY ! - Pill STS as nr, l NFCa2M / /Vl V .~.~pR~~sLT~ F3@lr`~o?`r 3AS>.b nN .rt*~ Y-2&-93, A Nirrs -ru MR. KEl-JA.16TW 1JlJl1P MlY 'm. li tt%. II II/ CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY, 11566PC241 THIS INDENTURE, made the 27th day of October nineteen hundred and ninety-two BETWEEN KENNETH COUDREY, residing at 450 William Floyd Parkway, Shirley, New York 11967 3 ~ 4,09( 1;, act, V -a „j party of the first part,-an ~"tfc LKC CORP., maintaining offices at 450 William Floyd Parkway, Shirley, New York 11967 Al party of the second part, ' WITNESSETH, that the patty of the first parr, in consideration of Ten Dollars and other valuable consideration paid by the party of the second put, does hereby grant and release unto the patty of the second part, the heirs or - DISTRICT successors and assigns of the pasty of the second part forever, 000 ALL that certaii~n~__pp~lot, piece or parcel of land, with the huildin and improvements thereon erected, situate, u1 r`l"~' T lying andheing7hXtyttK at Laurel, in the Town of f Southold, County of Suffolk NMI 'N and State of New York, bounded and described as follows: 122.00 BEGINNING at a monument set on the northerly line of the Main Road " BLOCK (N.Y.S. Route 25) at the southeasterly corner of land now or formerly 65f' 0 of Eula Wells and the southwesterly corner of land about to be described; r OT RUNNING THENCE along said land now or formerly of Eula Wells North 00 26 degrees 44 minutes 10 seconds West 210 feet to land now or formerly of B.H. Kersnowski and H.I. Kersnowski; THENCE along said land three (3) courses as follows: ~rmAe •r'•,, 1.) North 49 degrees 18 minutes 40 seconds East 75 feet to a t4,,. of monument; awMti 2.) South 43 degrees 47 minutes 40 seconds East 77 feet to a C JntY Y Yr. t monument; F•:'' 3.) South 34 degrees 14 minutes 40 seconds East 133. feet to a monument set on the northerly line of said Main Road; THENCE along the northerly line of said Main Road South 51 degrees 55 minutes 20 seconds West 115 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated 9/7/88 recorded 9/30/88 in Liber 10702 pg 565. TOGETHER with all-right, tide and interest, if any, of the party of the first part in and to any streets and • roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD 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. AND the party of the first part covenants that the patty of the first part has 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 receive the consideration for this conveyance and will hold the right to receive such consideration as a I trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. fly ( The word "party" shall be construed as if it read "parties' whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the fast part has duly executed this deed the day and year first above written. ~13 IN PRFSRNCR OF: t r v { _ rl 17 ry I~ ENNETH COUDRE 4 . f?l,fP`t _I „ t~~lrli- EDWARD P. ROWAC l4~ MW SUFFOLK 0L .I ,I RECORDED NOV 4 1992 _ °°.......~t.,. ' r I O~~gUFFO(,~cOG PLANNING BOARD MEMBERS = y~ Richard G. Ward, Chairman v~ x Town Hall, 53095 Main Road George Ritchie Latham, Jr. P. O. Box 1179 Bennett Orlowski, Jr. y O~~ Southold, New York 11971 Mark S. McDonald ~Oj 1a~f ~`a Fax 765-3136 Kenneth L. Edwards I1 P 11rLS r 2 PLANNING BOARD OFFICE U TOWN OF SOUTHOLD .N ' 81994 TO: Gerard P. Goehringer, Chairman, Zoning Board of Appeals From: Richard G. Ward, Chairman n RE: Your coordination request for comments on Jasta Int. (formerly Directors Seat/ RAZ_MA_TAZ) Main Road, Mattituck Zoning District: General Business (B) SCTM# 1000-122-6-36 DATE: June 7, 1994 The following is in response to your request for comments on the above Special Exception. This Board based its parking calculations on the Board of Health maximum occupancy of seventy five people. As such, the on site parking spaces are adequate. The Board is aware that Jasta has a signed agreement with Mr. Crenshaw to park overflow cars on his property for a period of two years. This Board has no objections, and would encourage your Board to impose any additional conditions as you feel appropriate. cc: Thomas Fisher, Senior Building Inspector In Charge ~oa~UfFO(~ ,Y ~G APPEALS BOAR$ MEMBERS Gerard P. Goehringer, Chairman u Serge Doyen, Jr. Town Hall, 53096 Main Road James Dinizio, Jr. y°ZQl ~a~~ P.0. Box 1179 Robert A. Villa Southold, New York 11971 Richard C. Wilton Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM TO: { X } Planning Board I { } Building Department { } Town Trustees FROM: Board of Appeals DATE: May 20, 1994 SUBJECT: Our Coordination Request for Comments/Concerns Site Plan Layout - LKC Corp./Jasta, Inc. CTM #1000-122-6-36 (B Zone) at Mattituck As you are aware, the Owner of the above-mentioned premises, LKC Corp. and a Tenant, Jasta, Inc. are proposing to occupy the former Raz-Ma-Taz site in Mattituck as a drinking establishment (sports bar) which is regulated under the Master Plan Revisions under Article X1, Section 100-1018. We understand the site plan application has been reviewed by the Planning Board over the last several months. Since the application before the Board of Appeals concerns areas of parking, screening, egress and ingress under the Special Exception subject to Planning Board approval, we would like to provide you with an opportunity at this time to comment on those elements (required by Article XXV-Site Plan Regulations). You will note that the property consists of one-half acre, and the property has been unoccupied for quite some time. The public hearing will be held by the Board of Appeals on Wednesday, June 8, 1994, and we ask that you please comment on how access to the Crenshaw parcel will be obtained for overflow parking, and whether or not you would have any objection to conditions established by the Board of Appeals as appropriate under the Special Exception review pertaining to the activities proposed under this use. Please communicate your concerns through the Chairman or Linda Kowalski in order that it may be considered prior to, or during, the public hearing on June 8th. Thank you. _ ~ .rte ~ F Vme• 7Vw ww)/ j 1 October 26, 1993 i Planning Board Office Town of Southold PO Bpx 1179 Southold, NY 11971 Re: SCTM #1000-122-6-36 Gentlemen: There is sufficient firewells available for the above mentioned survey at this time. Cordially, r- ohn A. Ke gh Sect. oard of F~ a omm. attituck Fir ist. - - 7~ 17 -3 _ R~; I , MAY 171994 M' ( 17 cn. -r..r..r• n.nar errs r.a nnmrn nrmm~r nnn r~ nr nr..:..rur.n.. u......~.,. a... tt/ o~gUFfO(,~coG PLANNING BOARD MEMBERS oZ` y~ Richard G. Ward, Chairman fA Z Town Hall, 53095 Main Road George Ritchie Latham, Jr. p P. O. Box 1179 Bennett Orlowski, Jr. Southold, New York 11971 Mark S. McDonald O( y Fax (516) 7653136 Kenneth L. Edwards Telephone (516) 765-1938 i PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 19, 1994 James Lebkuecher Ocean City Club P.O. Box 843 Jamesport, NY 11947 Re: Proposed site plan for Jasta Inc., formerly Raz-Ma-Taz SCTM# 1000-122-6-36 Dear Mr. Lebkuecher: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, April 18, 1994: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assumes lead agency status, and as lead agency, makes a determination of non-significance, and grants a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Sincere , Ric a d . Ward Chairman enc. ' ~OgUFFO(,~Co PLANNING BOARD MEMBERS Gyp Richard G. Ward, Chairman vs Z Town Hall, 53095 Main Road i George Ritchie Latham, Jr. tS • P. O. Box 1179 Bennett Orlowski, Jr. Southold, New York 11971 Mark S. McDonald Fax (516) 765-3136 i Kenneth L. Edwards Telephone (516) 765-1938 ,I PLANNING BOARD OFFICE TOWN OF SOUTHOLD r i_ State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant i April 18, 1994 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed site plan for Jasta, Inc., Formerly Raz-Ma-Taz SCTM#: 1000-122-6-36 Location: Main Rd., Mattituck SEAR Status: Type I ( ) Unlisted ( X ) Conditioned Negative Declaration: Yes ( ) No ( X ) Description of Action: This proposed site plan is for a sports bar to be located in a vacant building that was formerly a drinking establishment. Page 2 SEQRA Negative Declaration - Jasta, Inc. April 18, 1994 Reasons Supporting This Determination: This project involves the reopening of a sports bar in a vacant building that was formerly a drinking establishment and had a site plan approved by the Planning Board. This use will not be a more intensive use of the property and thus conforms to zoning. There has not been any correspondence received from the Department of Health Services in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. i~ The applicant will have to comply with the requirements of the Suffolk County Sanitary Code (SCSC) and all relevant standards' of water supply and sewage disposal systems. Design and flow specification, subsurface soil conditions, and site plan details will have to be approved by the Suffolk County Department of Health Services (SCDHS). This impact is not considered significant due to the anticipated project compliance with established requirements of the SCSC and the SCDHS and the required relevant permits. There has not been any correspondence received from the New York State Department of Environmental Conservation in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. i For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: (516) 765-1938 cc: Thomas Jorling, DEC Albany Suffolk County Dept. of Health Judith Terry, Town Clerk Building Dept. Applicant TOWN--OP SOUTHOLD PROPERTY— RECORD CARD L OWNER STREET byVILLAGE DIST. SUB. LOT O f Q. / C C a d / FORMER OWNER L a vre SC la,0 a :!l S1.1! Ll E ACR u u r I. La . S A ~ ~~xu rl ~2 I SZ~ oj~c g la net l p W /Fe OF BUILDIN RES. f!2/ SEAS. VL. FARM /1f R% ?Z Co /cps 4ura.a ! /l 'x OMM CB. MISC. Mkt. Value - LAND IMP. TOTAL DATE REMARKS 3 oU ~ vv 1 77 D, t 9P92 Thu, 2 Opp i i nni ~C Soo. c7d 00 G- J'c) o 6 6 / //d/,3 n</o/ cyec~ u <,/T y.6/d, r.C. //o7/.j 6 L ° e n .J 6 O o - ///d `/F1 .j«ars ~se-,b ~6 ! 6. .2 c.o p i M 9= d~ AGE a d o- BUI I G CONDIT O 5/2 U?jCc~ - NEW ~GU NORMAL BELOW / ABOV la f(icElC FC:. ~a ecu, 8Cl<o 1 C n ~,-I: FARM Acre Value Per Value - 1 ~ 2 - aF ~ f S~ o/(c ~I 16 G. X`,Ci 149 Ti ( 7 h Ti 9 7 gg ~7Da 5- qh G >fo Cau~reu -'~35~ ADD - o a7 9a- )1 aU ? - ^C~ Y -Til W. O Sw FRONTAGE ON-`4R Bn FRONTAGE ON ROAD \e, He ~d DEPTH BULKHEAD Tol.. per.: - DOCK Y COLOR ` S 15 nn ~4:„• p L.II, ` ~~I TRIM I I ' I . A. Bidg?ii 'F7 3 L' Foundation Bath Dinette K. :xtensio~ fX //G , Basement P v Floors ry 1, 11 ' i ¢3 - =xte siort 4 jrx l L : 1 0 42 3 ° Ext. Walls Interior Finish LR. Extension a Fire Place Heat DR. 1 Type Roof i Rooms 1st Floor BR. 'orch Recreation Roo Rooms 2nd Floor FIN. B. 'orch Dormer Breezeway Driveway i 3orage = Patio B. Total 1 ~y j p , BAR ~ r _ ~ - ~ ~ t 1 MATTRUCK I r R R-80 r I ~ o : B OOY / w x w¢ 1 A-C K r ? r ~A f`'~ . , - f '3SaL A141, Cftll~~ A.; C ,off T PECON/ SAY °i t+ r Print Key Output Page 1 5738SS1 V2R2M0 920925 SOUTHOLD E12/951: 40:03 Display Device . . . . . . DSP15 User . . . . . . . . . . . LINDAK NYSRPS ASSESSMENT INQUIRY DATE 5/12/95 473889 SOUTHOLD SCHOOL LAUREL SCHOOL ROLL SEC TAXABLE PRCLS RESTAURANT TOTAL RES SITE 122.-6-36 TOTAL COM SITE 6955 MAIN RD ACCT NO 21 pW INFO ====MISC ____ASSESSMENT DATA CC CORP JRS-SS j **CURRENT** RES PERCENT 450 WILLIAM FLOYD PKWY I 1 BLAND 1,200 **TAXABLE**l SHIRLEY NY 11967 1 BANK TOTAL 7,800 COUNTY 7,800 **PRIOR** TOWN 7,800 BLAND 1,200 SCHOOL 7,800 TOTAL 9,500 ==DIMENSIONS SALES INFORMATION ACRES .50 BOOK 11566 SALE DATE 10/27/92 SALE PRICE 1 PAGE 241 PR OWNER COUDREY KENNETH __=====TOTAL EXEMPTIONS 0 TOTAL SPECIAL DISTRICTS 4 CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE IFD030 IPK071 IWW020 ISWO11 F1=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75.10- 03-011 F6=G0 TO INVENTORY F9=G0 TO XREF F10=G0 TO MENU 9 APPEALS BOARD MEMBERS Gy Southold Town Ball Gerard P. Goehringer, Chairman v°a at 53095 Main Road Serge Doyen, Jr. P.O. Box 11.79 James Dinizio, r y't10j ,tL ~a~! Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM 4~ SO~THOIA of TO: Gary Fish, Building Inspector FROM: Chairman and Members, Zoning Board or Appeals DATE: December 16, 1994 SUBJECT: Hazardous Parking Conditions near Ocean City at Mattituck ZBA Conditions Established under Special Exception i It has been brought to our attention through the community that there have been blatant violations of the parking requirements and conditions established under the Special Exception and site plan pertaining to the Ocean City establishment. You are hereby requested to act in whatever manner is available to you to enforce the conditions established under the Special Exception as well as other provisions of the zoning code and building codes. The parking lot to the west of the above premises is not being used as agreed by the owner and tenant under our Special Exception review, and the written lease between the occupant and Joseph Crenshaw, owner of the property to the west pertaining to additional parking availability, which is now not being honored. (A copy of the written lease and our Special Exception conditions are attached for your reference and use.) Also, please provide us, in writing, of the efforts you have taken and your knowledge or other information pertaining to your investigation of this situation. If further information is needed about our request, please feel free to contact any member of the Zoning Board directly. i~ 105=Dlumhera'r Improved G!!eer Form Lime 12-*1 Ju nLuNi 0013 !11, ' n~." su rx,NYe C 1 10019 i f Yp y} ~jjl ,~g~LE~tIYCIIt BETWEEN JOSE CRENSHAW, Main Road, 1~ - Laurel, New York_ 11948, !I as Landlord 7 I1 and JASTA, INC., M Road, Laurel, New York, 11948 (JASTA, INC., is doing business as Ocea ity) as Tenant I II WhleOfflj: The Landlord hereby leases to the Tenant the following premises: parking lot at Main Road, Laurel, New York, 11948, R . ° l5 D III for the term of two (2) years PLANN MINIOLDiOWN NG BOARD to commence from the $xgaxwgx®fcx~o~xoyxkhisxagxn r3mexit opening of PBxxxxw&tmr%mf)onxhr i!• the tenant's place of business. 'il rla~atrabt U 1o be used and occupied only for a parking lot for guests and patrons of Ocean City between the hours of 6:00 p.m. & 5:00 a.m. daily. All covenants and agreements contained herein apply only during the daily hours of 6:00 p.m. and 5:00 a.rp. unless otherwise speci.fie as the landlord will be using the parking lot at all other times. i ~l upon the conditions and covenants following: i let. That the Tenant shall pay the annual rent of FIVE THOUSAND FOUR HUNDRED AND 00/100---- I said rent to be paid in equal monthly payments in advance on the 1St day of each and every month during the 1 I term aforesaid, as follows: Four Hundred Fifty and 00/100-------- ($450.00) Dollars i per month, r~ ;~i i S K ?'VLor~~/ SC.e~,c,•~t~ ~~ectec'epc~ar/2 !'~l~t,e, / ~9q 4-6 be. I)Sec( ~S ! as+ S/~ { ua,z Its o~lp~K S 2114, That the Tenant shall take good care of the premises and shall, at the Tenant's own cost and expense WR1S4~BllXOlrA iiC3C J !clear and clean the parking lot each morning after the completion of each day's use, i and at the end or other expiration of the farm, shall deliver up the demised premises in good order or condition, damages by the elements excepted. 3rd. That the Tenant shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and require- ments of the Federal, State and Local Governments and of any and all their Departments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with said premises during said term; and shall also promptly comply with and execute all rules, orders and regulations of the New York Board of Fire Underwriters, or any other similar body, at the Tenant's own cost and expense. 4til. That the Tenant, successors, heirs, executors or administrators shall not assign this agreement, or underlet or under- - lease the premises, or any part thereof, or make any alterations on the premises, without the Landlord's. consent in writing; or ' occupy, or permit or suffer the same to be occupied for any business or purpose deemed disreputable or extra-hazardous on account of fire, under the penalty of damages and forfeiture, and in the event of a breach thereof, the term herein shall im. mediate17 cease and determine at the option of the Landlord as if it were the expiration of the original term. 5th. Tenant must give Landlord prompt notice of fire, accident, damage or dangerous or defective condition. If the Premixes can not be used because of fire or other casualty, Tenant is not required to pay rent for the time the Premises are unusable. If part of the Premises can not be used, Tenant muse pay rent for the usable part. Landlord shall have the right to decide which part of the Premises is usable. Landlord need only repair the damaged structural parts of the Premises. Landlord is not required to repair or replace any equipment, fixtures, furnishings or decorations unless originally installed by Landlord. Land- lord is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under Landlord's control. 11 the fire or other casualty is caused by an act or neglect of Tenant, Tenapt's employees or invitees, or at the time o1 the fire or casualty Tenant is in default in any term of this Lease, then all repairs will be made at Tenant's expense and Tenant must pay the full rent with no adjustment. The cost of the repairs will be added rent. Landlord has the right to demolish or rebuild the Building if there is substantial damage by fire or other casualty. Landlord may cancel this Lease within 30 days after the substantial fire or casualty by giving Tenant notice of Landlord's intention to demolish or rebuild. The Lease will end JO days alter Landlord's cancellation notice to Tenant. Tenant must deliver the Premises to Landlord on or before the cancellation date in the notice and pay all rent due to the date of the Ere or casualty. 11 the Least is cancelled Landlord is not required -to. repair Jhe Premises or Building. The cancellation does not release Tenant of liability in connection with the fire or casualty. This Section is intended to replace the terms of yew York Real Property Law Section 221. MAY 1 7 4 ...._.....:..r.,., w<•,.:s9FUne~eu.ra.er.•¢~arre~w.~r r ro Irnmo fhuroe wIlboul,h,nJNee• eI nrelrnaboe. i _"Btl+t--Ta+e+R~,LrwiJ-?e~,wiaeM~~e wrrnT-ew+f+nf~drlse made is the payment of the said rent or any, part thereof, or it any default be made in the performance of any a cavo! e- oaats herein coo(ained, the Landlord or representatives may re-eater the said premises by force, sum pr oeeedinas otherwLq and remove all persons therefrom,. without being liable to prosecution therefor, and t Want hereby expressly II waives the service of any notice in writing of intention to re-enter, and (be Tenant aha at the same time as the rear becomes payable under the terms hereof a sum equivalent to the rent reserved here the Landlord may rent the premises II~ on behalf of the Tenant, reserving the right to rent the premises for a /o 4I period of time than fired in the original lease without releasing the original Tenant from any liability, applying a ooeya collected, first to the expense of resuming or obtaining possession, second to restoring the premises to a able condition, and then to the payment of the rent and all o(her charges due and to grow due to the Landlord surplus to be paid to the Tenant, who shall remain liable for any deficiency. 91h. Landlord may replace, at (he nse of Tenant, any and all broken glass in and about the demised premises. Landlord may insure, and keep insured f~a(e glass in the demised premises for and is the name of Landlord. Dills, for the premiums therefor shall be ren ,Landlord to Tenant at such times as Landlord may elect, and shall be due from, and payable by Tenant when adlFred, and the amount (hereof shall be deemed to be, and be paid as, additional rental. Damage and injury, to the sal emises, caused by the carelessness, negligence or improper conduct on the part of the said Tenant or the Tenant's i aaplaFaaa-aball-be-eeyeieed-es-ePeedNy-es-pessi8ie-by-ebe-4enarrt-attbe-4'eaaat's-own-eostaad ~xlmnse. 10th. That the Tenant shall neither encumber nor obstruct the sidewalk in front of, entrance to, or balls and stairs of said premises, nor allow the some to be obstructed or encumbered in any manner. Ilh. The Tenant shall neither place, or cause or allow to be placed, any, sign or signs of any kind whatsoever at, in or about the entrance to said premises or any other part of same, except in or at such place or places as may be indicated by the Land. lord and consented to by the Landlord in writing. And in case the Landlord or the Landlord's representatives shall deem it necessary to remove any such sign or signs in order to paint The said premises or the building wherein same is situated or make any other repairs, alterations or improvements in or upon said premises or building or any part thereof, the Landlord l• shall have the right to do so, providing the same be removed noel replaced at the Landlord's expense, whenever the said ii repairs, alterations or improvements shall be completed. 12th., That the Landlord is exempt from any and all liability for any damage or injury to erson or by from steam, electricit p Property caused by or y, gas, water, rain, ice or snow, or any leak or How from or into any part of said building or from any damage or injury resulting or arising from any other cause or happening whatsoever unless said damage or injury be caused by or be due to the negligence of the Landlord. 131h, That if default be made In toy of the covenants herein contained, then it shall be lawful for the said Landlord to re" ~'I 1 enter the said premises, and the same to have again, re"possess and enjoy. The said Tenant hereby expressly waives the service I of any notice in writing of intention to re-enter. ' 141h. That this instrument shall not be a lien against said premises in respect to any mortgages that are now on or that here- after may be placed against said premises, and that the recording of such mortgage or mortgages shall have preference and precedence and be superior and prior in lien of this lease, irrespective of the date of recording and (be Tenant agrees to ex-' ecu(e without cost, any such instrument which may, be deemed necessary or desirable to further effect the subordination of this lease to any such mortgage or mortgages, and a refusal to execute such instrument shall entitle the Landlord, or the Land- lord's assigns and legal representatives to the option of cancelling this lease without incurring any expense or damage and ' the term hereby granted is expressly limited accordingly. , i 15th. The Tenant has this day deposited with the Landlord (he sum of j performance by the Tenant of all the terms, covenants and conditions of ibis lease upon as secury for the Tenant's pant to obe performed, which said sum shall be returned in the Tenant alter the time fixed as the expiration of the term herein, provided the Tenant ! has fully and faithfully carried out all of said terms, covenants and conditions on Tenani's part to be performed. In the event of a bona fide sale, subject to this lease, the Landlord shall have the right to transfer the security to the vendee for the benefit of the Tenant and the Landlord shall be considered released by the Tenant from all liability for (he return of s,rcb i security; and the Tenant agrees to look to the new Landlord solely for the return of the said security, and it is agreed that 'i this shelf apply to every transfer or assignment made of (he security to a new Landlord. 16th, That the security deposited under this lease shall not be morfgaged, assigned or encumbered by the Tenant without the written consent of the Landlord. 17th. It is expressly understood and agreed that in case (he demised premises shall be deserted or vacated, or if default be made in the payment of (he rent or any par( thereof as herein specified, or it, without he consent of the Landlord, (he Tenant j~ shall sell, assign, or mortgage this lease or if default be made in the performance of any of the covenants and agreements in this lease contained on (he part of the Tenant to be kept and performed, or it (he Tenant shall fail to comply with any of the statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and Local Governments or of any and all their Departments and Bureaus, applicable to said premises, or if the Tenant shall file or there be filed against Tenant a petition in bankruptcy or arrangement, or Tenant be adjudicated a bankrupt or make an assignment for the benefit of creditors 'i ! or take advantage of any insolvency act, the Landlord may, if the Landlord so elects, at any time (hereafter terminate his iI lease and the term hereof, on ! giving to (he Tenant lease and the term hereof shall expire and come to ant endays' d on thec date fixednin suchenotice asdif (hensaidadate( were the date originally fixed in this lease for (he expiration hereof, Such notice may be given by mail to the Tenant addressed to the ?I , demised premises. 18th. Tenant shall pay to Landlord the rent or charge, which may, during the demised term, be assessed or imposed for the ! water used or consumed in or on the said premises, whether determined by meter or otherwise, as soon as and when the same 'I may be assessed or imposed, and will also pay the expenses for the setting of a wafer meter in the said premises should the latter be required. Tenant shall pay Tenant's proportionate part of the sewer rent or charge imposed upon the building. All such rents or charges or expenses shall be paid as additional rent and shall be added to the next month's rent thereafter to become due. . 19th, That the Tenant will not nor will the Tenant permit under(enanfs or other persons to do anything in said premises, or bring anything into said premises, or permit anything to be brought into said premises or to be kept therein, which will in any way increase the rate of fire insurance on said demised premises, nor use (he demised premises or any part thereof, nor suffer or permit their use for any business or purpose which would cause an increase in the rate of fire insurance on said building, and the Tenant agrees to pay on demand any such increase. 201h. The failure of the Landlord to insist upon a strict performance of any of the terms, conditions and covenants herein, shall not be deemed a waiver of any rights or remedies that the Landlord may have, and shall not be deemed a waiver of any subsequent breach or default in (be terms, eondifions and covenants herein contained. This instrument may not be changed, modified, discharged or terminated orally. 213t. If the whole or any part of (he demised premises shall be acquired or condemned by Eminent Domain for any public or quasi public use or purpose, then and in that even(, the term of (his lease shall cease and terminate from the date of title vesting in such proceeding and Tenant shall have no claim against Landlord for the value of any unexpired term of said lease. No part of any, award shall belong to (he Tenant. f•f:Y: MlW irF, Wr ,w•? --+~nMbaeety9aMM.4raaLlaeYt'. Y:.:I•rW .uru _ • gae.t. /w Ir1 r.r r.r. r._. .-r ....r ...r .-r... r. rn• r. .nrrl ..r rn• L•r~Lre „Mrr Na ur.. .,ond <e '.nano <ee u,neJ ,n rhea 1--,. .1 by rn. ?/r<rnvm eI rM ]'roan' Dr rummery prere<dinaa e. w Nsr~n•, er •/rn the abandonment of the premises by the Teoa ot, it is hereby agreed that the Tenant shall remain liable i and shall pay in monthly payments (be rent which accrues subsequent to the re-entry by the Landlord, and she Tenant expressly anrra re pay is damages /or the breach of the covenants herein contained, the difrerence between the rent reserved and the ree1' collected and received, if any, by the Landlord during the remainder of the unexpired term, such difference or deficiency . , between the rent herein reserved and the rent collected if any, shall become due and payable In monthly payments during the remainder of the unexpired term, as the amounts of such difference or deficiency shall from time to time be ascertained; and i it is rrlutuaily agreed between Landlord and Tenant that the respective parties hereto shall and hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out o/ or in any way connected with this lease, the Tenant's use or occupancy of said premises, and/or any claim of injury ~i or damage. 24th, The Tenant waives all rights to redeem under any law of the State of New York, I jl 25th. This lease and The obligation of Tenant to pay rent hereunder and perform all of the other covenants and agree- I Monts hereunder on part of Tenant to be performed shall in nowise be affected, impaired or excused because Landlord is I~ unable to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make, or is delayed In making any repairs, additions, alterations or decorations or is unable to supply or is delayed in supplying any r It equipment or fixtures if Landlord is prevented or delayed from so doing by reason of governmental preemption In connec- (ion with a National Emergency at in connection with any rule, order or regulation of any department or subdivision (hereof it I of any governmental agency or by reason of the condition of supply and demand which have been or are affected by war or I I other emergency. ' i 26th. No diminution or abatement of rent, or other compensation, shall be claimed or allowed for inconvenience or digegm- !i fort arising from the making of repairs or improvements to the building or to its appliances, nor for any space taken to comply ,r with any law, ordinance or order of a governmental authority. In respect to the various "services," if say, herein expressly I or impliedly agreed to be furnished by the Landlord to the Tenant, it is agreed that there shall he no diminution or abatement i of the rent, or any ether compensation, for interruption or curtailment Of such "service" when such interruption or curtailment i shall be due to accident, alterations or repairs desirable or necessary to be made or to inability or difficulty in securing supplies or labor for the maintenance of such "service" or to some other cause, not gross negligence on the part of the Landlord. No e. such interruption or curtailment of any such "service" shall be deemed a constructive eviction. The Landlord shall not be required to furnish, and the Tenant shall not be entitled to receive, any of such "services" during any period wherein the Tenant shall be in default in respect to the payment of rent. Neither shall (here be may abatement or diminution of rent because o/ making of repairs, improvements or decorations to the demised premises after the date above fixed for the commencement of the term, it being understood that rent shall, in any event, commence to rue at such date so above fixed. 27th. Landlord shall not be liable for failure to give possession of the premises upon commencement date by reason of the fact that premises are not ready for occupancy or because a prior Tenant or any other person is wrongfully holding over or ' is in wrongful possession, or for any other reason. The rent shall not commence until possession is given or is available, but the term herein shall not be extended. - i I i I I I I i And the said Landlord dotb covenant that the said Tenant on paying the said yearly rent, and performing the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy the said demised premises for the term aforesaid, pro. r vided however, that this covenant shall be conditioned upon the retention of title to the premises by (he Landlord. ' Z(Iib it (If 11111t111i(Ip U11W00011 111111 11JIM11 that the covenants and agreements contained in the within lease shall be binding upon the parties hereto and upon their respective successors, heirs, executors and administrators. I. X11 W(tliegg V t)errot, the parties have interchangeably set (heir hands and seals or caused these starred by their proper corporate officers and caused their ~ Presents to be day o(. proper corporate seal to be hereto a(red) this 19 93 Signed, sealed and delivered j. /a the presence of i s~. S. ~]F C"RENS I By: i J mes Le u cherr,Pr, sident S t I ' i r 1., rv p u - ">1 eat ;a Q 10 d E'xlSnvo ct, ~c.a.r.IC+ ~ I - 6xISTiNCs GR6n5~ YPf P SUF,-OIK C a I~ OUNTY DEPARTMENT OF r HEALTH SERVIOGS Based on the informant H.D. Ref• No. ¢ de!ermined that !his on subm:tted -i additional project do It has boon . sewage disposal es not require or water supply focillntea. e R 1 n APProved in accord ee aitlSo d r -oC delerm!nationdaled Review :~~•w y ry HAY ~ unCRT~NF%G.L V ~r 3nsx.o av LPIJO 6 :n VTr -ru ph'fL t/'1"S. AN.n - MR• K[FJI.IV~TIa ~ s~nrv •m T3 (a 11 n WI 11 n r., r.. t,. ~trl•hrrd. ~tt> . >t.t• tt. Commissioner 0 From: Dennis Moran, P.E. c. Chairman, Board of Review r-~ o Subject: Report of Findings and Recommendations of the Review Board Regarding: W ter' Evaluation No. F93-135, Ocean City Club, Property NIS Main Road, 11 2933 Ft. W/0 Factory Avenue, Laurel, Town of Southold N~ n SCTM 1000-122-6-36. Applicant: James Lubkuecher, President Jasta, Inc., Main Road Laurel, New York 11948 Notice of Hearing: November 30, 1993 - Hearing Date: December 15, 1993 Statement of Problem The project sewage design flow exceeds population density equivalent as required by Article 6, Section 760-607 (La and 2.a) of the Suffolk County Sanitary Code. Findings and Facts 1. Applicant is proposing to reopen an existing tavern with a 75 seat capacity. The tavern has been closed since 1986. 2. The site is 17,850 square feet in area with a 2,800 square foot building structure. The facility was built in 1973 with an expansion added in 1983. 3. Site is in Groundwater Management Zone KV. 4. Public water is not available; on-site existing well to be used. No water quality data provided to the Board. Well is approximately 75 feet from a sanitary leaching pool. 5. The allowable yield at density 123 gpd (300 gpd exemption); the design flow is 1,025 gpd. 6. Prior permits issued for 140 seats (Razarmataz). Sanitary system constricted and approved to accomodate 140 seat capacity (MA-30A). MAY 17 _v t3 F(, %Vm Factory .\vcnue. Lrurcl. Tuwn "t • . ..ruutltuhl- :i I'~.1 1 Ulril-I _~rr- trr, Findin¢a and Facts (cont'd) 7. Facility will be tavem only with no food service. 1 Detemvnation It was a 3 to 0 determination of the Board to grant the request to reopen the facility with a maximum seating capacity of 75 customers based upon pre-existing use. Approval is conditioned upon providing water from the on-site well which meets drinking water standards. I Z'd 1 Q6-111~ 1(' Igo l l Date Dennis Moran, P.E., Chairman DM/Ir 1 Page 19 -Hearing Transcri Regular Meeting - June 8, 1994 Southold Town Board of Appeals didn't think it was that complexed and then when I started to measure it, I said wait a minute this is not that far off, this is you know, this is only a little triangle, I didn't even know what we were talking about 55 square feet. If I had, Jim, I, 1 was not prepared and I apologize for that. MEMBER DINIZIO: No, I just want to make the record straight that it was an agreement between the two of us that 35 feet, not a suggestion on my part. ALEX WIPF: No, no, no, I, I, you know, I'll tell you the truth you know what Linda said is reflexible and I still am reflexible. MEMBER DINIZIO: OK, that's all I had. MR. CHAIRMAN: All right. Is there anybody who would like to speak against this application? I see no hands I make a motion closing the hearing reserving decision until later. MEMBER VILLA: Second. MR. CHAIRMAN: All in favor. MEMBERS: Aye. 7:55 p.m. MR. CHAIRMAN: The next appeal in on behalf of 4246 which is LKC Corp. and Jasta, Inc.. This is a request for a Special Exception for permission to establish a drinking establishment use as listed under Article X1, Section 100-1018 in an existing principal building. The Page 20 -Hearing Transc t Regular Meeting - June 8, 1994 Southold. Town. Board of Appeals subject premises is nonconforming with a lot area of approximately one-half acre and 115+- ft. frontage along the north side of the Main Road and is located in the B-General Business Zone District. The property address is 6955 Main Road, Laurel, NY; County Tax Map No. 1000-122-6-36. 1 have a copy of the survey produced by East r End Drafting and Designs which is merely a site plan indicating, the approximate placement of the building and a request by the Planning Board as per the Zoning Code to include the driveway area and the bluff areas in the front of the building and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. The date of this site plan is 4/19/94. Is Mr. Lubkuecher here? Who would like to speak? Who wants to speak? Could you state your name for the record? KENNETH COUDREY: I'm the President of LKC Corporation. We've owned the property for about six years now. It's been vacant and we would like to make some improvements to the property. It was at one time a drinking establishment and you know we'd like to a get a CO for that purpose. MR. CHAIRMAN: OK. For the publics information, this was the former Razmataz Restaurant in Mattituck and a in making the application before us is that a, turning this building into a sports bar, is that correct? KENNETH COUDREY: Yes. MR. CHAIRMAN: OK, James you're on. What would you like to say for the record? Nothing like putting you on the spot, right? Page 21 -Hearing Transr t Regular Meeting - June 8, 1994 Southold -Town. Board of Appeals JAMES LUBKUECHER: I, 1 don't have anything to say I mean at this point. KENNETH COUDREY: He has Liquor License already, he's got the approval from the Board of Health, he's made a tremendous effort you know, he spent a lot of money and a for that matter so have we, you r know, we're paying the property taxes on this building for the last six years. MR. CHAIRMAN: OK. I'll turn this over to Mr. Villa and see if he has any specific questions. We have for the audiences personal opinions here or information we did spend an extensive amount of time with these two gentlemen at the site and we did express to them our concerns regarding the parking, our concerns regarding the occupancy level of this building and in general the entire renaissance of rehabilitation of this building as it concerns us and the health safety and welfare of the people and that's the reason why we're really not grilling the person at this particular time. Does anybody on the Board have any questions for these gentlemen? MEMBER VILLA: I'd like to know the, we have a site plan before us, what is the status of this site plan with the Planning Board? JAMES LUBKUECHER: They're waiting for a, you're decision. KENNETH COUDREY: They pretty much told us that it was you know, acceptable to them. BOARD SECRETARY KOWALSKI: Bob, we just got a letter today from the Planning Board and we have copies of it. MEMBER VILLA: When are you hoping to open up? • Page 22 -Hearing Transcr t Regular Meeting - June 8, 1994 Southold Town Board of Appeals JAMES LUBKUECHER: 4th of July. MEMBER VILLA: That's what your target is? See, actually as we expressed when we were there you have an entrance way on the east side of the building and an outlet going back on the main road on the west side and parking calculations by the Planning Board puts two r parking spaces right next to the building. I'm a little concerned that when cars are coming in there that if somebody is trying to back out of one of those spaces you're going to block out traffic right out of the main road. JAMES LUBKUECHER: What about if we dedicated those two spots for employees' parking only? This way it would be fixed and cars would be fixed there and there wouldn't be MEMBER VILLA: Well that's a thought but are you going to want to try and take up some of your spaces for you know. You got actually, say you need 25 spaces and you KENNETH COUDREY: He's also thinking of you know, having valet parking and someone controlling the parking, he would do that. MEMBER VILLA: Like I said, we expressed our concern, it's in a bad spot of the road there. KENNETH COUDREY: Right, right, there's a bright light, there's a bright light on the road there so you know the lighting would be you know pretty much there. MEMBER VILLA: Yeah, but it's still dark at night when you come around there and you sail on the east and all of a sudden you've got somebody stopping in front of you it's going to be a little bit Page 23 -Hearing Transr t Regular Meeting - June 8, 1994 Southold Town Board of Appeals hazardous. I would like to see that egress because people want to get in and they should be able to get out, get in off the road quickly without having a bottleneck. KENNETH COUDREY: He's, he's rented the property next to him and he's got plenty additional spots over there and I mean he can utilize that. He is going to have an attendant there to you know, he's going to have valet parking to control, you know, if, if he does that king of volume. MEMBER VILLA: OK, and our other concern was how you're going to limit the occupancy of the building, that's the thing? KENNETH COUDREY: He's going to have to enforce it. You know he's going to a. There's a lot of places that, that limit the occupancy. You know, he' going, you know he's a capable person and I'm sure that he'll limit and he'll give you his assurance. MEMBER VILLA: OK. MR. CHAIRMAN: OK. The only concern that I didn't discuss, I had a couple other things but the only other thing that I didn't discuss was the access by fire vehicles to in and through and throughout the parking lot and that's where there is a concern. That may be addressed in the decision, all right. Can we physically get you know emergency vehicles in and around the building? KENNETH COUDREY: I think so. I mean, we're going to widen the spots, we're going to remove viewer at the site, we're going to remove all of those shrubs along the fence, make it wider, right, you know, considerable, may be able to go through. Page 24 -Hearing Transc, t Regular Meeting - June 8, 1994 Southold Town Board of Appeals MR. CHAIRMAN: We may include that in the decision. We may ask you to park the car on both sides of the building and we'll bring a truck down on a Monday night and see how the access is around then. There is a concern with that. KENNETH COUDREY: The problem is that, you know, before we can do all this work we need a site plan approval before we can open up. You know I don't have it in front of me but there's, there's plenty of distance on both sides of the building, enough for a vehicle such as a you know a fire, fire truck or an ambulance. MR. CHAIRMAN: What happens after the two year lease? Is there an option in the lease, is there something? KENNETH COUDREY: No. MR. CHAIRMAN: No, are you going to operate it if he doesn't. KENNETH COUDREY: No. MR. CHAIRMAN: So, in effect it'll die. KENNETH COUDREY: It'll die. I mean unless the MR. CHAIRMAN: Unless he's that ultimately successful that he wants to KENNETH COUDREY: Renew the lease. MR. CHAIRMAN: What about the sign situation? What's going to occur there? KENNETH COUDREY: The sign? MR. CHAIRMAN: Yes, what kind of sign are we going to put up? JAMES LUBKUECHER: I submitted a sketch to the Planning Board. I don't know if you received a copy. Page 25 -Hearing Transc t Regular Meeting - June 8, 1994 Southold, Town Board of Appeals MR. CHAIRMAN: OK. Is it going to be a 4 by 6 sign in normal? JAMES LUBKUECHER: Yes. MR. CHAIRMAN: OK. Unlighted or lighted? JAMES LUBKUECHER: It will be lit. KENNETH COUDREY: We will be willing to listen to you know a MR. CHAIRMAN: These are just some of the questions. On the Health Department situation we assume that after we met with you that the Health Department arrived at the occupancy level based upon the sewage that was available in the building. Is that correct? JAMES LUBKUECHER: Yes. MR. CHAIRMAN: OK. Has the Building Department indicated that there is any additional occupancy other than that figure? JAMES LUBKUECHER: I haven't heard from anybody in that department. MR. CHAIRMAN: When we met with you at the site we talked about that the second floor of the building was going to be literally shut down over the bar area and that the only utilization of the second floor would be on the basis of where the DJ in a past situation sat and presently will be sitting except for the access of getting up there. Is that correct? JAMES LUBKUECHER: Yes. MR. CHAIRMAN: How long is Mr. Crenshaw lease with him? JAMES LUBKUECHER: His is two years. MR. CHAIRMAN: Two years also. OK, and on the site plan you don't indicate any walking path around the building itself. Your assuming Page 26 -Hearing Transu t Regular Meeting - June 8, 1994 Southold Town Board of Appeals that the access is going to be from the front door of the building and will the asphalt of the front cement block area or the cement area in the back of the building be roped off or how is it going to be JAMES LUBKUECHER: There's going to be a fence around the a i MR. CHAIRMAN: The back. OK, so that's it. You'll have to go through the building to go into the fence area and there will be no access problem? BOARD SECRETARY KOWALSKI: You mean a fence around the back of the building? MR. CHAIRMAN: No. A fence around the back of this concrete area. They'll be fence around it. BOARD SECRETARY KOWALSKI: Fence around the concrete. MR. CHAIRMAN: Any other questions gentlemen? MEMBER VILLA: Yes. Will there be any objections to having a right turn only on your exits out on to the main road so that we don't have anybody going cross traffic? KENNETH COUDREY: None whatsoever. If you guys feel that that's the way to go we certainly are willing to do whatever is necessary to make it safe. MR. CHAIRMAN: OK, Jim? MEMBER DINIZIO: Is it understood that the 75 occupancy that is the amount of people that can be on that piece of property , not just in the building but on that piece of property is that what the Health Page 27 -Hearing Transc• t Regular Meeting - June 8, 1994 Southold Town -Bogrd of Appeals Department is saying to you or if you have a patio in the back is it 75 people in the building you know? KENNETH COUDREY: It's hard to define what the Health Department is you know saying. MEMBER DINIZIO: I mean I interpreted it as being 75 people on that piece of property at any one time. MR. CHAIRMAN: Well using the establishment I mean it could be getting in and out of their cars. MEMBER DINIZIO: Well I, 1 mean you can't tell the difference between 80 and 75, but you certainly can tell the difference between 200 and 75 is what I'm saying. MR. CHAIRMAN: I understand. Well, I don't mean to answer your question and/or the question to them but in my voting on this application they will be doing detail occupancy amounts on a daily basis which they will report back to us on. MEMBER DINIZIO: 1, 1 go along with that but, 1 MR. CHAIRMAN: Just so we know where we are parking wise and everything like that we had discussed this, you're aware of this. MEMBER DINIZIO: If I'm voting on this its for the 70, my assumption I'm voting for 75 people for that piece of property. Not inside that building but you're going to have that outside patio when we count 75 people, 75 people if there's 25 outside there's 50 inside. OK, that's my understanding of what the Health Department was saying. If you can get a clarification on that, that would allow you to Page 28 -Hearing Transc t Regular Meeting - June 8, 1994 Southold Town Board of Appeals increase the amount of people, you know, certainly that's to your benefit. OK, but KENNETH COUDREY: 75 was for usage inside the building. I mean, I mean, MR. CHAIRMAN: I know we discussed that but the problem is that they have to walk through the building now to get to the back, OK, and you know that there's going to be a constant flow in and out. KENNETH COUDREY: But I'm saying he's trying to do every effort he can, he rented, he's leased another piece of property adjoined to it, has a I don't know how many spaces, 30-40 spaces and that's hard to cover, reduce the flow, so he's making every effort to get this thing through. MR. CHAIRMAN: Right. You can either stand space standing or you can sit down, whatever you'd like to do. We're going to ask the audience if there's anybody in the audience has any questions concerning this application, all right. Is there anybody in the audience that would like to speak either for or against this application? This is appeal No.4246. You guys are in luck tonight I tell you. KENNETH COUDREY: I have 50 people for. (Jokingly) MR. CHAIRMAN: Hearing no further comment, we thank you very much again for coming to this hearing. We will definitely try and have a decision as quickly as possibly. I know how important it is for you with the summer coming and we will recess the hearing at this point. I'm sorry reserve decision until a later date. Page 29 -Hearing Transcr .Regular Meeting - June 8, 1994 'Southold Town Board of Appeals KENNETH COUDREY: Do you know when you would make the decision on this? MR. CHAIRMAN: Well you can hang around tonight, we're going to be working until the wee hours. (Everybody having conversations at one time) i MR. CHAIRMAN: I need a second on that motion gentlemen: MEMBER VILLA: Second. MR. CHAIRMAN: All in favor. MEMBERS:Aye. 8:13 P.M. MR. CHAIRMAN: Appl. No: 4245 George and Susan Tsavaris. This is a request for a variance under Article XI11, Section 100-239 for permission to locate swimming pool with fence enclosure within 100 feet of the bluff of the Long Island Sound. Location f Property, 2170 The Strand, Lot 111 at Pebble Beach Farms, East Marion, N.Y., Parcel No. 1000-30-2-53. Copy of survey which has been photocopied which indicates the approximate place of the pool which is about 10 feet from the north easterly property line of 46 feet from the top of the bluff and about probably about 10 feet from the porch a pool of approximately 15 x 30 and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. How are you tonight doctor? 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