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HomeMy WebLinkAbout4266- COLONiA~ CO~NERS, iRC. South Side M~in Rd., Southold CA-approval of insuff, area and yard setabck of two propofed parcels. 5-~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P,O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 ACTION OF THE BOARD Appl. No. 4266: Application of MICHAEL LIEGEY. Variance to the Zoning Ordinance, Article IX, Section 100-92 (also, ref. Article XXIV, Sections 100-241 and 100-243) for permission to renovate, repair and reinstate single-family dwelling use on a substandard parcel. Zone District: Hamlet-Business (HB). Location of Property: South Side of Main Road (S.R. 25), Southold; County Tax Map Parcel ID No. 1000-61-4-7.1. WHEREAS, after due notice, a public hearing was held on September 7, 1994, and all persons who desired to be heard were heard (no opposition was submitted); and WHEREAS, Board Member(s) are familiar with the site in question as well as neighboring and nearby areas; and WHEREAS, the Board made the following Findings of Fact: OWNERSHIP 1. The applicant, Michael Liegey, and his wife, Jeanne M. Liegey, are the new owners of the subject promises, having acquired the property on June 9, 1994. PROPERTY AND BUILDINGS 2. The subject premises consists of a total lot area of 4,400 sq. ft. with 25.50 ft. frontage along the southerly side of the Main (State) Road. ZONING BACKGROUND 3. This parcel has since January 10, 1989, been located in the Hamlet-Business (HB) Zone Distrit which requires a minimum land area of 20,000 sq. ft. per principal use. Prior to January 1989, the promises was located in the B-1 General Business Zone District, as shown by the Certificate of Occupancy for Preexisting Use issued for Andrew Krupski and noting that the dwelling was nonconforming. Also shown is the preexisting use as a retail store and lawyer office, for a total of three uses (mixed) on this parcel prior to Page 2 - Appeal No. 4266 Matter of MICHAEL LIEGEY Decision Rendered September 7, 1994 1983. The land area for these three uses is substandard in that 20,000 sq. ft. is required for each (or 60,000 sq. ft. total required). 4. The current status of this property under zoning is a retail store and an office, for two uses on a substandard nonconforming lot. The applicant is requesting permission to occupy the abandoned rear building which was several years ago used as a residence. This relief would increase the percentage of nonconformity from the present two uses to three uses as a retail store, an office, and a residence. PRIOR APPEAL AND CONDITIONS 5. For the record it is noted that this parcel (or Parcel 2 on the November 17, 1981 minor subdivision for Joseph Krupski) was the subject of a prior zoning appeal made under Appl. No. 2839 on August 6, 1981, and Planning Beard approval dated June 15, 1982 which granted its separation with nonconformity lot area and width from the westerly adjacent parcel (shown as Parcel 1). The conditions of this appeal are basically that the square footage of the buildings cannot be increase from the present size due to the excessiveness of the nonconforming lot coverage which exists, that the buildings cannot encroach on the neighbor's properties any more than that which preexisted zoning in 1957. BUILDING AREA 6. On the survey map dated July 16, 1969, amended Novem- ber 17, 1981, the front building is shown as a 2-1/2 story brick building with 25.50+- feet in width. The retail store occupies 1012 sq. ft. of sales area on the first floor only, and a professional (lawyer) office area of 1600 sq. ft. occupies the second floor. The remaining areas are for accessory storage purposes. The highest floor (third level) has also been storage, as existed since the inception of zoning in 1957. No occupancy is permitted for other than storage on the third level, or other than as written in the Certificate of Occupancy No. Zl1571 issued March 29, 1983 by the Building Inspector. 7. The rear building is shown as a 2-story frame building with porch; the first floor is shown to be 811 sq. ft. and the second floor 558+- sq. ft., for a total livable floor area of 1369+- sq. ft. The porch area is shown to be 274+- sq. ft. The use has always been single family, until about the late 1980ts. The property was for at least two years in a foreclosure proceeding, prior to the applicants' purchase in June 1994. Page 3 - Appeal No. 4266 Matter of MICHAEL LIEGEY Decision Rendered September 7, 1994 BASIS OF VARIANCE REQUEST 8. The basis of the variance application is the August 26, 1994 Notice of Disapproval, in which applicant applied for a building permit to renovate a nonconforming single-family dwelling structure, and which was disapproved on the following grounds: ...Under Article IX, Section 100-92, 60,000 sq. ft. of land area required for 3 uses in an HB District. Action required by the Zoning Beard of Appeals .... The August 26, 1994 Notice of Disapproval showed corrections to the August 9, 1994 Notice of Disapproval which disapproved the same application on the following grounds: XXIV, Sections 100-241 and 100-243 A nonconforming building with a nonconforming use shah not be enlarged, altered, extended, reconstructed or restored. Action required by the Zoning Board of Appeals .... The August 26, 1994 Notice of Disapproval reflected the fact that a dwelling use is conforming in the HB Hamlet Business Zone District, however, 20,000 sq. ft. of land area was required for each principal use. The August 9, 1994 Notice of Disapproval reflected that a dwelling was a nonconforming use in the HB Hamlet Business Zone, which was incorrect. CONCLUSION 9. Based on all of the above, the Beard finds: a) it is personal knowledge of Beard Members that the rear building had previously been occupied has a single-f~mily dwelling unit, together with a retail store and a single practitioner's office area as noted in the Certificate of Occupancy for preexisting buildings; b) the same livable flcor area will again be occupied as a dwelling unit without an increase in floor area or size, and that the owners are renovating and improving the building without removal or demolition; c ) the property has several nonconformities: nonconforming and inadequate on-site parking although a municipal parking area is nearby, nonconforming setbacks, multiple-uses on a nonconforming lot, excessive lot coverage, ail of which restricts any expansion, major alterations, conversions, etc. Page 4 - Appeal No. 4266 Matter of MICHAEL LIEGEY Decision Rendered September 7, 1994 10. In considering all the above, the Board also finds: (a) that the essential charecter of the neighborhood will remain the same, without adverse change; (b) that the relief as requested is the minimum necessary to afford relief under the circumstances; (c) the difficulties claimed ave uniquely related to the land in that the uses were preexisting, and the changes in ownership and unintentional abandonment of the residential unit triggered the requirement for an area variance; (d) that there is no alternative available which is feasible for appellants to pursue; (e) in considering all of the above factors, the interests of justice will be served by granting alternative relief, as conditionally noted below. NOW, THEREFORE, on motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief requested for necessary renovations and re-occupancy of the rear building for use as a single-family dwelling unit, as applied and noted above, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The occupied floor area for the retail stove, lawyer's office, and dwelling unit shall not be enlarged or expanded except as authorized by the Codes of the Town of Southold, and nonconforming provisions of the Zoning Code; 2. The use and occupancy of the second floor for an office is limited to that permitted in the March 29, 1983 Certificate of Occupancy and only ff continuous pursuant to the previsions of the zoning code pertaining to nonconformities (as determined by the Building Inspector). 3. Habitable, retail, or office area, shall not be permitted on the third level; the third level is restricted to accessory storage purposes only; 4. The rear building is limited to single-family dwelling use, or accessory storage purposes, without conversion to retail or non-resident office area. 5. Compliance with the State Building and Fire Codes which are Page 5 Appeal No. 4266 - MICHAEL LIEGEY Decision Rendered September 7, 1994 to be applicable in this project. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Villa. (Member Wilton was absent.) This resolution was duly adopted. RECEIVED AND FILED BY [ THE SOUTHOLD TOWN CLF. qK Town Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 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, 11971, on WEDNESDAY~ SEPTEMBER 7, 1994 times specified below: Southold, New York commencing at the 1. 7:32 p.m. Appl. No. 4265 - PETER DeNICOLA. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct deck addition to existing dwelling with a setback at less than the required 40 feet. Location of Property: 1694 Chablis Path, Southold, NY Lot #7 ~n the Map of Chardonnay Woods; County Tax Map Parcel No. 1000-51-3-3.7. The subject premises contains a total lot area of 40,000 sq. ft. 2. 7:35 p.m. Appl. No. 4265 - MICHAEL LIEGEY. Variance to the Zoning Orclin~nce, Article XXIV, Sections 100-241 and 100-243 for permission to renovate, repair and reinstate single-family dwelling use on a substandard parcel. Zone District: Hamlet-Business (HB). Location of Property: South Side of Main Road (S.R. 25), Southold; County Tax Map Parcel ID No. 1000-61-4-7.1. Page 2 - Legal Notice' Regular Meeting of September 7, 1994 Southold Tow-~ Board of Appeals 3. 7:40 p.m. Appl. No. 4257 - OSPREY DOMINION CO. and FREDERICK KOEHLER, JR. This is an application requesting a Special Exception for approval of a new winery establishment in two existing farm buildings for the production and sale of wine produced from grapes primarily grown in the vineyards on whieh such winery is located. Location of Vineyards and Winery Establishment: 44075 Main Road (State Route 25), Peconle, NY; County Tax Map Parcel No. 1000-75-1-20. The entire promises eent~ins 50.8 acres located in the Agricultural-Conservation (A-C) Zone District. 4. 7:45 ]p.m. Appl. No. 4264 - JAMES and MARY ANN ABBOTT. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of proposed lot-line change between two existing substandard parcels, which as modified will contain in.~ufficient lot area and width (with no increase in dwelling density.) Location of Property: 8740 and 8810 Peconlc Bay Boulevard, Laurel, NY; County Tax Map Parcels No. 1000-126-5-L°ts 2 and 3. 5" 7:50 p.m. Appl. No. 4263 - MARY ANN LAHMANN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for a review of a single-and-separate search and determination that the Town will recognize this substandard lot as a distinctly separate parcel for the purposes of zoning. This is not a subdivision project and will be only a determination pert.qining to a non-merged or merged Page 3 - Legal Notice Regular Meeting of September 7, 1994 Southold Town Beard of Appeals status. Location of Property: 775 Knollwood Lane, Mattituck, NY; County Tax Map Parcel No. 1000-107-6-6. The Beard 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 any of the above files or would like to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: August 16, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X FORM NO. 3 TOWN OF SOuTHOLD BUILDING DEPARTMENT SO~FrHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: August 26. 1994 To Michael Liegey (Greenpolnt Savings Bank) 195 To,m Creek Lane Southold, NY 11971 PLEASE TAKE NOTICE that your application dated July 20, 94 for permit to ... Renovate a non-conforming ~le family dwelling ti 53860 Main Road Southold, Ne~York Loca on of Property ..... House No. Street Hamlet County Taxi/ap No. ]000 - Section 61 BLOCK .. 4 7.1 ..................... Filed Map No .......... Lot No ...... Subdivision . . is returned herewith and disapproved on the following grounds ........... Article IX 100-92 60,000 square feet r~ui~ ~or ~ u~es i~ an HB District· Action required by the Zoning Board of Ap.p~.~ls BUILDING INSPECTOR RV I/80 FORM NO. 3 T(Y~N OF SOuT~OLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To 195 To~n Creek Lane '"~i~;~'~i~i"~ ................ PLEASE TAKE NOT~CE that your application dated ..~?~7.~% ...... 91 for permit to ...I?~.~., ~. ~;~.1~. ~.~!. ~. ~.L~.. ~.~!.~!' ~?.~? ............... at Location of Property . 53860 ~IN ~ SO~O~. ~YO~ House No. Street H~let County T~p No. 1000 - Section .. 61 BLOCK 4 ~T 7.1 Subdivision ... is _~ACTION P~QUIP~D BY 't'mi ZONING BOARD OF APPEALS. .._~.x~...~-"' ...~. .... &~.,., ~,~ .... ~... :x/~ .... ~*~5--- ~'~-'-- ~/c/~. B INSPECTOR RV 1/80 1994 TOWN OF ~'~ '"' ', FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL,: 765-1802 Examined ................. 19... Approved ................. 19... Permit No ............ Disapproved a/c ..................................... [;O?i FY; 71.q5- a 5.--. CALL ........... HAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ................... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public sti'eets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate'of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of South01d, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building co, de, housing code, and regulations, and to admit auth°rized inspectors on premises and in building for necessaT~~.. . ~ ' . -- (Signature of applicant, or nam4,Sff a c~poration) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of prem,ses ...... .d,: .'~. ~-~.<, .~-- ~ ~.. (as 6,n the~ax rr~ ~r latest deed) If applicant is a corporation, signature of duly authorized officer. · (Name and title of corporate officer) u- , · B ilder s License No ........................ Plumber's License No ......................... Electrician's License No. Other Trade's License No. LocaUon of land qn whic~h proposed work will be done.....~..~.' ~..~. } . .~....~..~./.~" z-..V... . · ............. ... ............. ltouse Number ? St r'e~i ............... i ....I~-~ ~'l;i ......................... County Tax Map No. 1000Seclion .... '..~-.(~./ ...... Block ...... .~-~..:... Lot..............,...f~'~t-(:5~"' ,,7. J Subdivision ....... -.. ............................. Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy....~. ,~iP./"~..~_,.~. ..... . .' .~.. ~.~. / ".~"'..~ U~ '~' , _- ,.- ,! ',7 "':ii' ............................. b. Intended use and occupancy ....... ~,~.,...~.,/~-'....) . ./~"...,f' ~" . ' 3. Nature of wo~rk~wtheck which a able): New Building .......... - . Repair .... ~ ......... Removal .............. Demolition vn .......... Aheratiofl~ ...... .... : ......... Other Work .............. · ~.~ ' (Desc~-iption) 4. Estimated Cost .... ..~-. Fee l[ ;: 3.u;U;brejf°Ja7 ' ' .. .:Z ...... .Numberofdwel,ingunitsoneach oor... ... on 5. elhng units ... · (to be paid on filing this a licati ) 6. If business, commercial or mixed occupancy, specify nature and extent of.each type of use ............... 7. Dimensions of existing structures, if any: Front ........... Height ................ Number of Stories . ~ ... Rear ... ........... Depth ............... Dimensions of shme structure, with alterations or additions: Front ............ Depth ................. Rear ....................... Height .................. -' ........ ,.. Number of Stories .... · 8. Dimensions of entire new construction: Front ....... Rear .......... Depth ............... ~eight~,. .......... :~...~N)~mber of Stories ..... / 9. ~zeo~lot Front ¢~.(~.._~ ' Rear .... ~.'! ......... ~ ........... 'r.~'~- ~. . . ..... ~ .... ' ............. ~". .............. Depth . .t.~...~., y' ~. ' 10. Date of Purchase ..... ~'~' ~i '~- .... ' ......... Name ofrVormer Owner . .~. :~.~.' .~.' ~.~{' ...... 1 1. Zone or use district in which premises are situated ....... ~. ~.. ........... . ..... 12. Does proposed construction violate any. zoning law, ordinance or regulation' · .............................. 13. ~ila~l leo;fb;~ng;;doefdpr;~i;~s.' ~.z..L. ~... Will exce:~7~b~e removed from premises:' Yes ~ N ne of Architect ..... ' ......... ...... Phone o..'. r.. Name of Contractor ~?.-~' .~t[~.~' '~3,~',~ >:" , · ~ ' ';0 w"'. ........... Phone No ........ · . · - .. ~ ;-...., . ..w.., ,~x.-.~.... aoaress . r.~,. ~.~ _ ' '. .... 15. Is th~.s property w~.thtn ~(5'0-feet ~ ........ '~d' .~ .... PhoneNo..~.~.O< ~../_~o'~ · ~-~ yes, Southold Town Trustees ?emit may be requ?[;dj''"" t~o. ~'.xq~.... .... PLOT DIAGRAM Locate clearly and distinctly all buildings, Whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORK, S S COUNTy OF,.,... ,~ ..... /:. .... ,..~ · .......... ~ ............. .'"~.'..~.,-ct....~-':7~'.m...... ......... being duly . ( ame of individual sign~ con't) aoove named. ~ (Contractor, agent, corporate officer, et~.3 ........................ >f said owner or owners, ~d is duly autfiofized to perfom or have perfomed the said work and to m~e and file this ~pplication; that all statements contained ~ this application are true to the best of his ~owledge and belief; and that the uork wBl be perfomed in the manner set forth in the application filed therewith. ' 3worn to before me this .'. . ....... . Nota~ Public, Siate of ~Y~ ' ' No. ~952246, Su~lk ~u~ Term Expires June 1~ 1~ .* ~r~; apphc~t) sworn, deposes and says that he is the applicant RECEIVED ~U~ 1 6 1994 $outhold Town Clerk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO./ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. , ,we,.~.id, d.....~.:Z.~.y.. ............. o, ....... .~.,.'~..~g, .............. .~...~.~ .... Name o~ .Appellc~t Street and Number ~unicipali~ Stale THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE B~UILDING INSPECTOR ON ..................................... ,^T, -- ' WHEREBY THE BUILDING INSPECTOR DENIED TO ....... ........... E;~;":~F~-p'~TF~;;;Fi;~ };;zd;~'"'7 ,, , ~ . ~.,.:~. ,~d. ~~... .................................................................................. ~;'""7 ............. of Street and Number Municipality ( ) PERMIT TO USE ( ~ PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ..~_~/._/~,...A~,d....._~,.~.,~,..~... ..... ..~c3 ,~..,~ /d · Street /Hamlet / District lO00 Section,S/Slack/'//Lot 7./' rent ............................................... u.~ur Owner Mop No. ' Lot No. Prior Owner Use District on Zoning Mop 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by nuntber. Do not quote the Ordinonc~.) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (~ A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap, 62 Cons. LaWs Art. 16 Sec. 280A Subsection 3 () ' O 4. PREVIOUS APPEAL A previous appeal (has) been mode with respect to this decision Of the Building Inspector or with respect to this property. Such cppeol was ( ) request for a special permit I ) request for a variance ~nd was made in Appea! No ................................. Dated ............................. , ........................................ REASON FOR APPEAL ( ) k Variance to Section 280A Subsection 3 ~ A Variance to the Zoning Ordinance ( ) is requested for 'the reason that Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because A, STATE OF NEW YORK ) COUNTY OF~ ss Notary Public HELENE D. HORNE Notaw Public, State of New York No. 4951364 Qualified in Suffolk County ~.___ Commission Expires May 22, 19~_.~.~ )6~_ Y~/-~/-4~ n/- ?/i~;'~T4~WN OF SOUTHOLD PROPERTY RECORD C:ARD'~''~ ~' ~ ' e,, '" "?..~ ~'~. OWNER ' STREET,~'~(:~50 VILLAJ~E DIST. SUB. FORMER OWNER -- Cr~p~¢ N) E ~S~F. ~l~/~/~r~-~~ S W, . ~PE OF BUILDING ~ND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable Tillable 2 Tillable 3 W~dland Swampland FRONTAGE ON WATER Bruskland FRONTAGE ON Hodse Plot DEPTH ~ ~ " BULKH~D ..... DOCK Tot~ ....., COLOR '1 ..ii'"1' I 1t4I I, 1--I M. Bldg. Extension Extension Extension Porch Porch [[ .. IIil_ Foundation Basement Ext. Walls F/ire Place Type Roof Recreation Roo Dormer Garage Patio O. tB. Total Driveway Y Il ll .J, IIII h I I/~1 t I" FL ~ '1' Bath Floors Interior Finish Heat Ct t ~- Rooms ] st Floor Rooms 2nd Floo, 14, I'1'~ 1/ I J Dinette IK. i LR. DR. BR. FIN. B. OWNER STREET N )UTHOLD PROPERTY RECORD CARD MILLAGE SUB. LOT E ACR. W TYPE OF BUILDING RES. LAND AGE NEW FARM IMP. NORMAL Acre VL. FARM TOTAL DATE BU IL~IN~.~,~ONDITION ^ ow ~'t~ r~e Per Value' COMM. CB. MISC. Mkt. Value REMARKS Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland 3rushland House Plot ,]fatal FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH 't BULKHEAD DOCK M. Bldg. Extension Extension Extension Pomh Porch Breezewoy Garoge Patio Total I [ J i I I 4~.1 J I TRIM IIIIII II-I I~1 l lh~ _ I I I I~FI I' lm~ I ~111 II I~1 I I~ I J~l II I I I! I [I I1~ I~TI IIIjlll Foundation Basement Ext. Walls Fire Place Type Roof Recreation Roo Dormer D&o ? ~ ,' F/¢ Both Floors Interior Finish Heat ~, / Rooms 1st Floor Rooms 2nd Floo~ inette DR. FIN. B. Driveway II r' .7. bUBDtVI,_,ION SCI]L[ · ZO'-I" TffL{ 'N'~. . t1.(; U ~ I 6 ~994 lenatng Instizut~n r. st~ he.-eo~ end Nov. l~ ~J96/_ V[IN TUYL ~, 50N APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 September 22, 1994 Mr. and Mrs. Michael V. Liegey P.O. Box 473 195 Town Creek Lane Southold, NY 11971 Re: Appl. No. 4266 - Variance for Third Use/Occupancy on a Substandard Lot Dear Mr. and Mrs. Liegey: Attached please find a copy of the Board's determination pertaining to your variance application filed on August 16, 1994. Please be sure to return to the Building Department to obtain your building permit (and other agency approvals which a-my apply) before commencing construction activities. For your convenience, we have provided the Building Department with a copy of this conditional variance determination for their permanent recordkeeping and update since the issuance of its Notice of Disapproval. Due to the proximity of this project within 500 feet of a waterway, State Road, or County~ Road, we have transmitted copies of the variance file to the Suffolk County Department of Planning as required under the County's Administrative Code. Once they have finalized their review and forwarded their comments to our office, we will transmit a copy of the same to you for your update. Very truly yours, Linda Kowalski Clerk, Board of Appeals Enclosure Copy of Decision to: Building Department (Attn: Gary Fish) Suffolk County Department of Planning Page 5 Appeal No. 4266 - MICHAEL LIEGEY Decision Rendered September 7, 1994 to be applicable in this project. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Villa. (Member Wilton was absent.) This resolution was duly adopted. GERARD P. GOEHRINGER, CHAIRMAN D£PARTM£NT OF PLANNING COUNTY OF SUFFOLKi-iO ROBERT J. (~AFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I,C.P. September 26, 1994 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Liegey, Michael 4266 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OFSOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Pursuant to Article XlTV of the Suffolk County Ac~ninistrative Code, The Board of Appeals of the ~ of Southold, New York, hereby refers the following to the Suffolk County Plam_nJ_ng CuLu,ission: XX Variance from the Zoning Code, Article IX , Section 100-82 __ Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No: 4266 Applicant: Michael Liegey Location of Affected Land: 53860 Main Read, Southold, NY County Tax Map Item No.: 1000- 61-4-7.1 Within 500 feet of: XX Comments: .reinstate Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or .- Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Applicant is requesting permission.to renovate, repair and ein~le-~amily dwellinq use on a substandard parcel Copies of Town file and related documents enclosed Dated: September 22, 1994 for your review. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O, Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 September 22, 1994 Mr. and Mrs. Michael V. Liegey P.O. Box 473 195 Town Creek Lane Southold, NY 11971 Re: Appl. No. 4266 - Variance for Third Use/Occupancy on a Substandard Lot Dear Mr. and Mrs. IAegey: Attached please find a copy of the Board's determination pertaining to your variance application filed on August 16, 1994. Please be sure to return to the Building Department to obtain your building permit (and other agency approvals which may apply) before commencing construction activities. For your convenience, we have provided the Building Department with a copy of this conditional variance determination for their permanent rocordkeeping and update since the issuance of its Notice of Disapproval. Due to the proximity of this project within 500 feet of a waterway, State Road, or County Road, we have transmitted copies of the variance file to the Suffolk County Department of Planning as required under the County's Admini.~trative Code. Once they have finalized their review and forwarded their comments to our office, we will transmit a copy of the same to you for your update. Very truly yours, l.inda Kowaiski Clerk, Board of Appeals Enclosure Copy of Decision to: Building Department (Attn: Gary Fish) Suffolk County Department of Planning APPEALS BOARD MEMBEI~ James Dini-.!o, Jr. Robert A. WI]- Riol~-,~! C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SEQRA UNLISTED ACTION DECLARATION Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephons (516) 765-1800 Appeal No. 4266 Project Name: Michael Lievoe County Tax Map No. 1000-61-4-7.1 Location of Project: 53880 MsJR 90~d, So~chold, N.Y. Relief Requested/Jurisdiction Before This Board in this Project: This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. {X } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency'since the Board of Appeals does not feel its scope of jurisdiction is as broad aa the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. of APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hail 53095 Main Road P.O. Box 1179 Southold, ~New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 August 26, 1994 Mr. Miehael Liegey 195 Town Creek Lane Southold, NY 11971 Re: Appl. No. 4266 - Variance to Renovate Dwelling as an Additional Use on an Undersized Lot Dear Mr. Liegey: Please find attached for your records the Notice of Disapproval, as corrected and received today from Mr. Fish. It was noted that the previous Notice of Disapproval ~eferred to the preposed dwelling use as a non-conforming use, ~ather than a "conforming use with insufficient land area." Perhaps this error was made as a carryover f~om the Pre-Existing Use Certificate (which stated that in March of 1983 the dwelling was a nonconforming use in the B-1 General Business Zone). The current zoning code, adopted in January 1989, re-zoned the preperty to Hamlet-Business, and a dwelling use is normally a permitted use (not noncon£orming) with the requirement that 20,000 sq. ft. of land area be applied to each principal use, and ff three uses are still being proposed, then the Rmount of relief necessary is for a reduction of 60,000 sq. ft. of land area to its present size of 4,400 sq. ft. As you know, the public hearing will be held on September 7, 1994. If you have any questions, please do not hesitate to call. Very truly yours, Linda Kowalski Enclosure ~' dT ,,t' ................ /~JJ6 I 6 1994 ...... _~.._../ _X, ....... ._L .................... APPEALS BOARD MEMBERS Gerard P. Goehringer, Ch.i~nlan Serse Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SEgRA UNLISTED ACTION DECLARATION Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 426~ Project Name: Michael Lieuey County Tax Map No. 1000-61~-7.1 Location of Project: 53860 Main Road, S0oth01d, N.Y. Relief Requested/Jurisdiction Before This Board in this Project: "Reinstate on an unde~ized parcel" ~hich has t~0 existing principal uses. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely tO Occur should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written co~nents by your agency to be submitted with the next 20 days. {X } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRAAction, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { ~ this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you not wish to assume lead agency status within 15 days of this letter, we assume you have waivedsame, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 August 16, 1994 TO: Applicant(s) or their Agent Re: Application before the Board of Appeals Dear Hr. Liegey: We are in receipt of your application requesting a review and action by the Beard of Appeals. Your application has been placed on our next hearings calendar of September 7, 1994 and Board Members are expected to view the area in question prior to the hearing. Enclosed please find a copy of the Legal Notice, as published by our office in the Long Island Traveler-Watchman, Inc. and Times-Review, Inc. The Legal Notice outlines a generalized description of the project proposed, based upon the building inspector's initial Notice of Disapproval, and indicating the date, time and place of the public hearing on this application. You are requested to appear at the public hearing. If you are not able to appear, you may have a representative who is thoroughly familiar with your property and the proposed project appear in your behalf, or you may request a postponement. The public hearing will not start before the time advertised. Also, you will note that the time between hearings is minimal, however, additional time is always available to you for your presentation, if needed. Please feel free to call our office if you have any questions or wish to update or review your file prior to the hearing date. You may add any documentation to support your application that you feel is appropriate. Very truly yours, Linda Kowalski, Clerk Beard of Appeals Enclosures Page 6-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals MEMBER VILLA: Well, one other questions. He says there's 150 foot open area back there, but that can be built on, can it not? PETER DeNICOLA: No. MEMBER VILLA: It cannot be. BOARD SECRETARY KOWALSKI: Just what are the dimensions Jerry? MR. CHAIRMAN: Dimensions of what? BOARD SECRETARY KOWALSKI: Of everything. MR. CHAIRMAN: The deck is 20 deep from the house, it's along the back of the house by 30 and the depth of the steps are approximately 10 off the deck. BOARD SECRETARY KOWALSKI: By what width? MR. CHAIRMAN: What would you say the width of the step is? PETER DeNICOLA: By about 10 feet. BOARD SECRETARY KOWALSKI: 10 x 10. OK. Thank you. MR. CHAIRMAN: Hearing no further comment I'll make a motion granting it with the following provision that it not be enclosed. MEMBER VILLA: Second. MR. CHAIRMAN: All in favor? MEMBERS: Aye. 7:39 P.M. The next application is . The legal notice reads as follows: Upon application the ~ ~ '-_-.-I, variance to the Zoning Ordinance, Article XXIV, Sections 100-241 and 100-243 for permission to renovate, repair and reinstate single-family dwelling use Page 7-Hearing Transcripts Regular Meeting of September 7, 1994 Southo]d Town Board of Appeals on a substandard parcel. Zone District: Hamlet-Business (HB). Location of Property: South Side of Main Road (S.R. 25), Southold; County Tax Map ID No. 1000-61-4-7.1. I have a copy of a original survey and it was produced for the prior owner. The amended date was March 17, 1981 from Robert VanTuyl or VanTuyl & Son and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Liegey is he here? Oh! Yeah! How are you tonight? Would you like to use the mike and is there anything you'd like to state for the record before we grill you? MICHAEL LIEGEY: Well, what I'm just trying there, basically is to improve the neighborhood by improving this building that's been vacant for a couple of years and I'm just trying to bring it up to par. I'm not interested in renting it or having x number of people living there. It's just going to be my family. Me my wife and my son. MR. CHAIRMAN: OK. Do you have any idea when Mr. Krupski died? MICHAEL LIEGEY: ( ) recently. MR. CHAIRMAN: Fairly recently. Do you have any idea when he actually moved out of the building? MICHAEL LIEGEY. MR. CHAIRMAN: MICHAEL LIEGEY: MR. CHAIRMAN: second floor and whomever. MICHAEL LIEGEY: eighties, A I think it was in the seventies. In the seventies. I believe. All right. You still utilize the existing office on the the bottom floor was, excuse me, was rented, to Yes. I think the office was in use until the late eighty, around eighty-eight, eighty-nine. Page 8-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals MR. CHAIRMAN: The heating systems between both buildings are totally succinct from each other, isn't that correct? MICHAEL LIEGEY: Right. Water is the same. MR. CHAIRMAN: Water is the same. What about the electrical system? MICHAEL LIEGEY: The meters are in the front building and --- MR. CHAIRMAN: They service both buildings? MICHAEL LEIGEY: Correct. The panels in the back. MR. CHAIRMAN: What is your anticipation and I know that this does not necessarily affect the reinstatement of the back building. What, what is your actual feeling, what are you going to do with the second story of the front building? MICHAEL LEIGEY: Office space. MR. CHAIRMAN: While you're standing there I'll just see is there anybody else would like to speak in favor of this application? Maybe, you want to, you can --- RICHARD VANDENBURGH: I'll just speak up. MR. CHAIRMAN: Could you state your name for the record? RICHARD VADENBURGH: My name is Richard Vandenburgh, I'm a resident of Mattituck and I've known Michael for ten years. I actually work with Mike several years ago in performing various other renovations that we've done on his prior homes and I just wanted to say that what he can do to that building would certainly be an asset to the town of Southold because I'm familiar with the quality of work that he does and it wouldn't be a quick fix situation. It would be a job that would be done right and it would be somethingthat I think would be absoultely benefit the town of Southold and the revenue that it would Page 9-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals bring to the village as well. approving his application. MR. CHAIRMAN: Thank you. speak in favor? MRS. LIEGEY: Can I say something? MR. CHAIRMAN: Surely. Besides, I think that it's well worth Is there anybody else would like to MRS. LIEGEY: I'm Mrs. Liegey. Mike and I have loved Southold for a long time. We cam here during the summer for years and years and about a month before our son was born when we decided to come out to permanently to live and this building is part of our dream to become part of a town that we love and the people here are, you know, just a caliber of people that you don't run into where we came from and this is kind of a dream we want to ( ). MR. CHAIRMAN: Thank you. Is there anybody like to speak against the application? OK, I'll leave the grilling up to you gentlemen. MEMBER VILLA: I have a question here Jerry alluded to earlier and asked you what the second floor was going to be and you said office space. Now can we limit the number of offices on that because basically what you're doing here is your looking for three uses on a very small piece of property. Basically to comply with the code you need 60,000 sq. ft.. You have somewhere in the range of 5 or 6,000 sq. ft.. My concern is you don't have very much parking at all and you use Municipal Parking but I hate to see the Municipal Parking loaded with people that are going to be employees and, and of this building and there on a full-time basis all, all during the day. Page 10-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals MICHAEL LIEGEY: Well there is Municiple Parking surrounding actually two lots. MEMBER VILLA: I realize that. MICHAEL LIEGEY: But a, as you say that you want to limit the number of offices? As there is there's only 4 offices there and and most likely we're looking for something in a, a legal and --- BOARD SECRETARY KOWALSKI: MICHAEL LIEGEY: Offices. BOARD SECRETARY KOWALSKI: Four offices? Four occupants, four tenants? MICHAEL LIEGEY: There's four separate rooms, if .... BOARD SECRETARY KOWALSKI: Yeah, but there's not four tenants. You've always had one tenant, right? MICHAEL LIEGEY: Correct but, but you really can't ....... BOARD SECRETARY KOWALSKI: Well, that's what he's asking. He's asking to limit to one tenant for the office area. MICHAEL LIEGEY: Limit to one tenant? Well, that, that has, the way I saw it in the town right now it seems to, that the number of office space that is available for me to find one tenant interested in that large a space is pretty near impossible out here. BOARD SECRETARY KOWALSKI: How large is the area just for the record? MICHAEL LIEGEY: I think it's around Il00 hundred square feet. BOARD SECRETARY KOWALSKI: for the second floor that is? MICHAEL LIEGEY: MEMBER VILLA: right? Correct. But you're going to have your office up there too Page il-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals MICHAEL LIEGEY: Possible, so that office and then another three offices one person per office. would also, that would be my with you know I only anticipate MEMBER VILLA: Yeah, but that's for four offices, that's four cars plus a business downstairs is another car or two, or three and your suddenly looking at seven or eight cars in Municipal Parking. That's a problem to me it is anyway. MICHAEL LEIGEY: Well my car wouldn't be there. It would be in the back if granted. There's parking in the back I could drive a couple feet. I, I don't see that with the amount of parking that's there. If you go there at noon time from five o'clock the parking lot has maybe three cars. MEMBER VILLA: Which one? MICHAEL LEIGEY: The one that's behind. MEMBER VILLA: I just have a problem with putting that much on that small lot without some limitations. MICHAEL LEIGEY: Well, I, I, I had, if I keep, if I rented it to one group of lawyers, whatever, you're still going to have a number of different people that are going to be employed there. I think that it would probably be even less numbered employed by individual offices being rented instead of a complete floor. BOARD SECRETARY KOWALSKI: We were looking at your pre CO, it says you have one professional office on the second floor. So now your proposing four, right? MICHAEL LEIGEY: Correct. Page 12-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals BOARD SECRETARY KOWALSKI: That's going to change probably some of the ways the Building Inspector is going to look at it. He may want you to go to the Planning Board for site plan approval. OK. He's not aware of that apparently because it's the first I heard of it. I've talked with you a few times and it kind of changes the you know, the way the town might process your application. You may have to go to the Planning Board as well because you're expanding the number of occupants in the building. Instead of keeping it three as it says on the pre CO, you're now proposing six so you might want to think about that you know. MR. CHAIRMAN: Go ahead sir. RICHARD VANDENBURGH: May I just try. Mike and I spoke prior to his real need in pursuing anything with regard to this and the idea was the nature of the second floor before it was a law office space and I believe there is one room in the front, a small office along the hallway and an additional office towards the back of the building, there's a kitchen in the back and a really small office like a storage room in the hallway as well so in all likelihood the way that the law offices are, are, my understanding is the way that they work nowadays is that essentially rather than have one attorney move in to a space that size with two associates what you do is as an individual you simply lease out the individual rooms. In all likelihood you're not going to have anymore than two other attorneys in that floor because it's just, it's not feasible and I don't think you'd get anybody to rent a room that's only about 8 x 10, barely enough room to put a desk in and a chair in, so, in all liklihood you're only going to have one possibly two Page 13-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals attorneys as well as on that floor. MR. CHAIRMAN: correct? a, Mike in his office occupying the third offices Your referring to non associate attorneys, is that was telling me the ins and outs of that, feeling that, that was needed. RICHARD VANDENBURGH: Because one ( ), but we weren't really or two again remembering that if we have two attorneys one secretary should be able to handle two RICHARD VANDENBURGH: That's correct, that's correct. MR. CHAIRMAN: Totally succinct from each other. RICHARD VANDENBURGH: That's correct and it's not as though you're going to have three attorneys with three separate secretaries either. It's, obviously that .... BOARD SECRETARY KOWALSKI: They would all be together. RICHARD VANDENBURGH: Yeah, they would all share .... BOARD SECRETARY KOWALSKI: That, that's different. MICHAEL LEIGEY: That, that's what I was envisioning in having one secretary that I would you know, pay on my payroll and then have each office .... BOARD SECRETARY KOWALSKI: OK, that would still be one office then. You just have different employees. RICHARD VANDENBURGH: Exactly, that's correct. BOARD SECRETARY KOWALSKI: That's one office, that's different. MEMBER VILLA: Yeah, but you need a legal stenographer or secretary if you're going to have lawyers. MICHAEL LEIGEY: Well I was talking to Richards, a lawyer, and he Page 14-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals attorneys' work and there's really not gon'er be physically and there wouldn't be and I know Mike doesn't want the character of that floor to be where people are crawling over each other. It's just going to be where you have one secretary that would handle the typing for the two attorneys that would probably be in there. Mike would be the third occupant on that floor and I don't think he generates as much work product as an attorney would so it would be something that would be feasible with one secretary out in the hallway and then occupying the two other offices with the smaller room being essentially the copying room, paper supply room and there wouldn't be an individual in that smaller room in the hallway. BOARD SECRETARY KOWALSKI: Most offices have three rooms. Right ? RICHARD VANDENBURGH: Right and we ..... BOARD SECRETARY KOWALSKI: Right and they do. MR. CHAIRMAN: Question Sir? MEMBER DINIZIO: No, not at all. MR. CHAIRMAN: Any other questions Bob? No. BOARD SECRETARY KOWALSKI: You were going to ask about ( ). MR. CHAIRMAN: Oh! Yeah! The back building or the house in question which has really been, it's a part of the nature of the application and of course one of the reasons, the main reason why you're here. You intend to occupy that yourself? MICHAEL LIEGEY: MR. CHAIRMAN: you very much. Correct. All right, I don't have any further questions. I thank Page 15-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals BOARD SECRETARY KOWALSKI: Would he be agreeable to owner occupancy? Could we at least discuss that. MR. CHAIRMAN: Yeah, that's right. There was a discussion in reference to a .... BOARD SECRETARY KOWALSKI: I mentioned this to you before when we talked when you ..... MR. CHAIRMAN: The owner occupancy of the effect of the back building. BOARD SECRETARY KOWALSKI: You said you would be agreeable to owner occupancy because you plan to live there and we're just asking if that's still true. MICHAEL LEIGEY: Well, I plan on living there but if, if you, you so deem it, it would also make it very hard for me to sell the building in the future. MR. CHAIRMAN: We're throwing variables out to you OK, because these, these are things that, that ammoniated from the inspection of the property, and it's very important that we be aware of all the factors. We sometimes become a little investigative and that's basically is what the situation is. It was kind of you to show us the front building, we wanted to look at it anyway and so that basically the situation. What we're in affect telling you is that there may be an owner occupancy restriction at this point, I don't know, OK. There's nothing magic to what we do. All right. If we can't generate three votes one way we'll generate three votes another way and that may be the way it goes. I I know that you're extremely concern about getting this building going because you want to occupy it, if not, you know, right now or you Page 16-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals know for the next five years or whatever period of time you want to occupy it. You know what I'm saying, so, so we'll see what happens. MEMBER DINIZlO: Can I ask a question. MR. CHAIRMAN: Sure. MEMBER DINIZIO: I just want to be clear on one thing. You, you do not want to see this restriction of owner occupancy on that back building, is that correct? Just, just be clear on it. Just yes or not. MICHAEL LEIGEY: I'd prefer not to have it, it's just that in the future, that, that you know if some professional person wanted to buy the building from me when I'm ninety their not going to want to buy it under those circumstances. MEMBER DINIZIO: Right, right, I just wanted to be clear on that and when you renovate the buildings do you plan on gutting these and putting new electric and sheetrock and --- The back building I plan on doing this, yes, Yeah that, what about the front building, is that a MICHAEL LEIGEY: MEMBER DINIZIO: MICHAEL LEIGEY: The front building is basically the work, the condition that you saw it and I think you already saw what we did, I'm just going to upgrade here and there as far as a logical really minor stuff with lights or what have you but .... MEMBER DINIZIO: The back building really definitely has to be done. BOARD SECRETARY KOWALSKI: New electricity ...... MICHAEL LEIGEY: The back building has to be completely redone. BOARD SECRETARY KOWALSKI: Electric and plumbing, both on that? Page 17-Hearing Transcripts Regular Meeting of September 7, Southold Town Board of Appeals 1994 MICHAEL LEIGEY: Electric, plumbing, new sheetrocking .... MR. CHAIRMAN: It has to be totally guttered, right? MICHAEL LEIGEY: Yes. MEMBER VILLA: in the future. separately from the front building or wouldn't you? MICHAEL LEIGEY: No, no, as, I would then sell it all as but I you know, I bought this building to hold on to it as live, but if I hand it because he has to find space and live behind options .... MEMBER VILLA: two? insulation, new Jim asked a question about possibly wanting to sell it If you sold it in the future you would want to sell it one parcel long as I down to my son that he can't sell the building somebody that, that's will to own a commercial it which I think you, you'd be limiting your My questions was you have no idea of subdividing the MICHAEL LEIGEY: No, I don't. I plan on holding on to both of these ( ). I plan on living in the back house, raise my son. I'm just talking 50 years from now. BOARD SECRETARY KOWALSKI: Can I ask you one last thing on the house. What is the square footage of the actual living area of the back house that you're gutting? MR. CHAIRMAN: If you don't have it right here Mike, you can give it to us tomorrow. (Discussing between themselves). MR. CHAIRMAN: Frame house, first floor, 810.50 square feet. Second floor, 558. Page 18-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals BOARD SECRETARY KOWALSKI: MR. CHAIRMAN: sound about right? MICHAEL LEIGEY: MR. CHAIRMAN: 1,012 on the first floor? No. No, it's eight and five is thirteen, 1368. Does that Yeah, I believe so. There's really no pertinence other than the loss of which you run into, you know, with the, the way the roof line runs and stuff upstairs, I mean, it's really a first story, second story, one built right on top of the other except for the, the little porch area that we went in, you know off the, it's basically towards the back so it's, it's pretty close. Thank you Sir, we appreciate it, we hope we didn't grill you too badly and hearing no further comment I'll make a motion closing the hearing reserving decision until later. MEMBER VILLA: Second. MR. CHAIRMAN: All in favor? MEMBERS: Aye. 7:57 P.M. MR. CHAIRMAN: All right, The next regularly scheduled hearing is in behalf of, it's a preliminary hearing in behalf of Appl. No. 4257 OSPREY DOMINION CO. and FREDERICK KOEHLER, JR., which is a winery in Peconic. The legal notice reads as follows: This is an application requesting a Special Exception for approval of a new winery establishment in an existing farm building or buildings for the production and sale of wine produced from grapes primarily grown in the vineyards on which such winery is located. Location of Vineyards and Winery Establishment: 44075 Main Road (State Route 25), Peconic, PUBLIC HEARINGS NOTICE IS HEREBy GIVEN,{ pursuanl to Section 267 of dre Town Law and the Code of thc Town of Soulhoid, that the following public hearings will be held by the SOUTROLD TOWN BOARD OF APPEALS at thc Southeld Town Hall 53095 Ma fl Road. Southold, New York 11971, on WEDNESDAY, SEPTEMBER 7, 1994 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4265 PETER DeNICOLA. Vafiancc 1o the Zoning Ordinance, Article Ill'A, Section 100-30A.3 for permission to construct deck addition to existing dwelling with a setback at less than the required 40 feet. Location of Property: 1694 Chablis Path, Soatheld. NY Lot ~ on the Map of Chardonnay Woods; County Tax Map parcel No. 1000-51- 3-3.7. The subject premises contains a total lot ama of 40.000 sq. ft. 2. 7:35 p.m. AppL No. 4265 -- MICIL~EL LIEGEY. Variance to the Zoning Ordinance. Article XXIV. Sections 100-241 and 100-243 for per- mission to renovate, repair and re- instate single-family dwelling u~ on.a. substandard parcel. Zone District: Hamlet-Business (HB). Location of Property: South Side of Main Road (S.R. 25}, Southold; County Tax Map Parcel ID No. 1000-61~-7.1.' 3. 7:40 p.m. Appl. No. 4257 -- OSPREY DOMINION CO. and FREDERICK KOEHLER, JR. This is an application requesting a Special Exception for approval of a new win- cry establishment in two existing farm buildings for the production and sal~ of wine produced fi~m grapes primari- ly grown in thc vineyards on which such winery Ts Iocared. Location of Vineyards and Win~ry F~tablishment; 44075 Main Road (State Roule 25). Pecothc. NY; Coumy Tax Map Parcel No. 1000-75-1-20. The cmire premises contains 50.8 acres located in the Agt~cultural-Conservalion (A-C) Zone District. 4. 7:45 p.m/Appl. No. 4264 JAR4E~ and MARY ANN A Variance to thc Zoning Ordinance Article IliA, Section 100-30A.3 approval o£ proposed lot-line change between two existing substandard parcels, which as modified will lain insufficient lot area and width (with no increase in dwelling density~J Location of Property: 8740 and 8811 Pcconic Bay Boulevard, Laurel, County Tax Map Parcels No. 1000- 126-5-Lots 2 and 3. 5. 7:50 p.m. Appl. No. 4263 MARy ANN to the Zoning Ordinance Artich o~f~..IV: Section 100-244B for a rev' .~o~'....~?,on t,at the Town wi - r-.,c parcel for the purpose! of zoning. This ~s not a subdivlslo~ project and wi ] be only a de- merged or merged status. Location Of STATE OF N~ORK) ) SS: ~of Mattituck. in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES. a Weekly Newspaper, published at Mattituck. in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy. has been regular- ly published in said Newspaper once each week for ~ wceks successively...eqmmencing on Notary Pubhc. State of New York No. 5004884 · Qualified in SufhNk County Commission Expires Novemb~ 23, I oard of Appoals will at said I Thc B t Time and p acc hear any and all per- I lng. Each hearing will not start before wish to review any of thc abovc filgs or would tike to r~qucst more informa- tion. plcas~ do not hcfitate to call 765- 1809 or visit our office. Dated: AugUSt 16, 1994. BY ORDER 0¥ THE sOUTHOLD TOW~ BO,%RD OF APPEAI~S GERARD ~ 8032- TAul8 NOTICE OF '' P(JB'LIC' 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 b~ held by thc SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York.. 11971, on W E D N E S DAY, SEPTEMBER 7, 1994, commencing at the times specified below: 1. 7:32 p.m. Appl. NO. 4265- PETER DeNICOLA. Variance to the Zoning.Or- dinance, Article IIIA, Sec~ tion 100-30A.3 for l~ermis- sion to construct deck addi- tion to existing dwelling with a Setback at less than the re- quired 40 feet. Location of Property: 1694 Chablis Path, Southold, NY Lot No. 7 on' the Map of Chardonnay Woods; County Tax Map Parcel No. 1000-51-3-3.7..-The subject premises contains a total lot area of 40,000 sq. ft. 2..7:35 p.m. Ap~l,-No.. 426~- MICHAEL LIEGEY. · Variance to the Zoning Or- dinances:Article XXIV, Sec- ' tions '100-241 and 100-243 for permission to renovate, repair and reinstate single- family idwelling use On a substandard parcel. Zone District:: Hamlet-Business :ontains 50.8 acres I the Agricultural- ~ation (A-C) Zone District. 4. 7:45 p.m.' Appl. No. 4264- JAMES and MARY ANN ABBOTT. Variance to ~he,,Zoning Ordinance, Arti- ~/.Cle :,IIIA,~ Section 100-30A.3 for approval of proposed lot- line change between two ex- isting substandard parcels, which as modified will con- tain i~Sufficient lot area and width (with no increase in .: dwelling density). Location '?or'property: 8740 and 8810 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcels No. 1000-126-5-Lots 2 and 3. 5. 7:50 p.m. Appl. No. 4263- MARY ANN LAHMANN. Variance to the Zoning Ordinance, Arti- cle XXIV, Section 100-244B for g review of a single-and- separate search and deter- mination that the Town will recognize, this substandard !0[3s a distinctly:separate parcel for the purposes of zoning. This is not a subdivi- sion projeCt and will be only a determination pertaining to a n°n'merged or merged status, Location of Property: 775 Knollwood Lane, Mat- tituck, .I~. ;County'Ihx Map Parcel No. 1000-107-6-6. · The Board of Appeals will at said time arid place hear any and all persons or (HB). Location of Property:' ~;i rcpresentatives desiring to be Sou~h. side of Main R0~d' heard in the above matters. (S.R. 25), Southold;'County'. ~, Written comments may also Tax'"Map Parcel iD No.,i"~Jae,,subnfitted. prior to the 1000-61-4-7.1. ~:- ~, '~: L.~.C°hclusi0n- of the -subject !'3~ 7:40. p.m. Appl. ~ ~I0,' heating. Each hearing will 42572!~'~OSPREY. DOMI- ~ ' not start before the times NION; ; 'CO. and FREDERICK KOEHLER,'~ JR. This is an application re- ' qgesting a SpeCial Exception for approval Of a new winery establishment in two existing farm buildings for the pro- duction and sale of wine pro- duced from gropes primari- :,ly grown in the vineyards on which such winery is located. Location'of vineyards ahd Winery Establishment: 44075 Main Road (State Route 25), Peconie, NY;' County Tax Map Parcel No. 1000-75-I-20. The entire · .designated above.' If you 'i~/ish: to review any of the above flies or would like to request mote information, please do not hesitate to call 765-1809 or visit our office. Dafed: August 16, 1994 ~BY ORDER OF THE :':;i ?"~!~SOUTHOLD TOWN F/;i BOARD OF APPEALS i";h~': :; · GERARD p. :~'??~ ('" GOEHRINGER :~~i':'':.' CHAIRMAN ~,:? ?' BY: Linda Kowalski '~.i..5 :i::. 1X-8/18/94(9) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of th( TRAVELER-WATCHMAN, a public newspaper printed at Southold, i~ Suffolk County; and %hat the notic~ of which the annexed is a printe( copy, has been published in sai( Traveler-Watchman once each wee] for ..................... Z ....... week~ succes~vely, commencing on th~ .... Sbo~ to before me on thi ~ .. ~ ..... day of ........................ 19f. Notary Public BARBARA A. SCHNEIDER NOTARY PU[~LIC, State d New York No. Qualified in Sullotk Cmmty Commission Expires ~/3 JUDITH T. TERRY TOWN CLERK R~OISTI~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: RE: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK ZONING APPEAL NO. t~266 - MICHAEL LIEGEY Dated: August 16. 199a, Transmitted is application for Special Exception of MICHAEL LIEGEY, Notice to adjacent property owners, Southold Town Building Department Notice of Disapproval, Questionnaire for filing with Z.B.A. application, State Environmental Quality Review Short Environmental Assessment Form, Notices to Adjacent Property Owners, Certificate of Occupancy dated March 29, 1983, copy of Policy of Title Insurance naming Michael V. and Jeanne M. Liegey as the insured on the premises, a copy of the Suffolk County Tax map indicating the property location, copy of map indicating changes, and eight floor plans showing changes. FORM NO. 3 TOI~N OF SOu~OLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL AUGUST 9~ 1994 DATE: ................. To Michael Liegey (~enpoint Savings Bank) 195 Torn Creek Lane '''~outhoi~'~''~ ................ PLEASE TAKE NOTICE that your application dated ..~.~ 94 .......... 19 ...... for permit to RENOVATEA NON-CONFORMING SINGLE FAMILY DWELLING Location of Property .. 5386~..HAIN ROAD SOUTHOLD, NEW YORK House No. Street Hamlet County Tax Hap No. 1000 - Section .. 61 BLOCK ~ LOT 7.1 Subdivision ........................ ...... . Filed Hap No .......... Lot No ........ is returned herewith and disapproved on the following grounds .............................. ~. N~-CONFORI{ING BUILDING WITH A NON-CONFORMING USE SHALL NOT BE ENLARGED, ALTERED, EIi~NI)ED, ~CONSTRUCTEU OR REST~.I~.D. ARTICLE XXIV CHAPT. 100-241 & 243 ACTION REQUIRED BY Ttfl~ ZONING BOARD OF APPEALS. BUiLfl) ING INSPECTOR RV' I/80 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by A;[~licant or Project si~onsor) 5. is PROPOSED ACTION: [~ New [] Exeansion ~] M~llflcatlo~/alteratiofl 6, ESCRI E FROJ, ECT BRIEFLY: 7. AMOUNT OF !.AN AFFECTED: WILL PROPOSED ACT;ON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] NO If NO. describe Briefly SEQR 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? t0. DOES ACTION INVOLVE A PERMIT APPROVAC OR FUNDING, NOW OR ULTIMATECY FROM ANY OTHER GOVERNMENTAC AGENCY (FEDERAC STATE OR LOCAL)? 12. AS A RESULT OF PROPOSED ACTION WILL ~XISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PflOVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE /-¢,' ,,/ II the action is in the Coastal Area. and you are a state agency, complete tile Coastal Assessment Form before proceeding with this assessment on reverse side) OVER I .(Continued The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be mad~ by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT ~NSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of th~ action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessmen~ 1. Will project result in a large physical change to the project site or physically'alter more 2. Will there be a major change to any unique or un~ual land form on the site? Yes 3. Will project alter or have a large effect on an.existing body of water? Yes ~No 4. Will project have a potentially large impact on groundwater quality? Yes ~No 5. Will project significantly effect drainage flow on adjacent sites? Yes ~No 6. Will project affect any threatened or endangered plant or animal species? Yes ~o 7. Will project result in a major adverse effect on air quality? Yes ~No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas · known to be important to the community? Yes 9. Will project adversely impact any site or struct-' u=e of historic, pre-historic, or paleontologi=al importance or any site designated as a critical envircnmental area by a local agency? Yes ~,No 10. Will project have a m~jor effect on existing or future recreational opportunities? Yes ~No ll. Will project result in major traffic problems or cause a major effect to existing transportation .' ' systems? _.__Yes ~No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? .. Yes ~No 13. Will project have any impact on public health Or safety? 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more tha~ 5 percent over a one-year ___Yes ~NO period or have a major negative effect on the -' charact~ Of the community or neighborhood? 15. Is there public controversy concerning the 'ZBA 91~$ Date: QUESTIO~NAIRE FOR FILI~IG WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of %he owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may. be attached.) B. Is the subject premises listed on the real estate mar~e~ ~or - sa~_' or being shown to prospective buyers? { } Yes C. Are there an7 ~o~al= tD ~n~e ~ alter land { } Yes {~No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaaed between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which ew~t ~d are not ~h~ on t_he survey map that you ara submitting? ~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? /J~_~f yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? ~'~ If yes, please explain where or submit copies of deeds~ I. Please list pres_Dnt Use or operations parcel ~Zw~ ~/~ ~1~,£ conducted at this proposed use 0~ ~-.1~/ ~;~ and 3/~7, 10/901k § 9%13 WETLANDS § 9%13 TOWN -- The Town of Sourhol& TRUSTEES -- The Board of Trustees of the Tow~ of Sou:hold. [Added 6-5-~4 by L.L..No. 6-1984] WE ~-7..,A_NT)S [Amended 8-26-76 by L.L. No. 2-1976; 3-25- 85 b7 L.T. N~lg~ ~'~' U"', ~V ~DAL WETLANDS: (I) AH lands generally covered or in~rmit~en~iy cov- ered w{th. or which border on. tidal wa~. or ]ands lying beneath tidal waters, which at mean iow ~ide are covered by tidal wa~ers ~ a m~ximum depth of five (5) feet. including but not limited ~ banks. bogs. salt marsh, swamps, meadows. ~a~ or o~heF low Iyin~ lands subject ~ tidal action; (2) All banks, bogs. meadows. ~a~ and tidal marsh subject to such tides and upon which grows or grow some or any of the follow~n~ salt hay. black g~. saltwort, sea ]avenden ~]~ cord~s, high bush. c~t~ils, groun~eL m~sh~,Hgw ~d (3) All lnnd immedlatel7 adjacent t~ a tidal wetiand aa defined in Subsection A(2) and lying ~vithin seven- ty-five (75) feet landward of the most land~vard edge of such a tidal wetland. FRESHWATER WETLANDS: ' (I) "Freshwater wetlands" as defined in Article 24. Ti- tle 1, § 2-I-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the S~te 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 (7.5) feet landward of the most land. ward edge of a "freshwater wetland." 9705 z- :~. 85 ALTA Owner's Policy (10 17-92) FTWC-900 POLICY OF TITLE INSURANCE ~ , ,,o,,?,,vo. Y 0027407 Titlc ,Vo. TS-59642-S 514-S-41539 First American Title Insurance Company of New York SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. 'l~e Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. First American Title Insurance Company of New York It}' T~tle No. TS-59542 Policy No. 514-S-41539 SCHF~DULE A Ali that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Main Rod (Route 25), distant 183.52 feet westerly from the comer formed by the intersection of the southerly side of Main Road with the westerly side of Mechanic Street; RUNNING THENCE south 32 degrees 29 minutes 00 seconds east along land now or formerly of the Methodist Church, 150.08 feet; THENCE south 59 degrees 26 minutes 00 seconds west, still along land last mentioned, 33.17 feet; THENCE north 29 degrees 33 minutes 20 seconds east, 150.01 feet to the southerly side of Main Road; THENCE north 59 degrees 26 minutes 00 seconds east along the southerly side of Main Road, 25.50 feet to the point or place of BEGINNING. SCHlgDIJLE Title No. ~ Underwriter No. 514-S-41539 Date of Policy: JUNE 9, 1994 Amount $ 152,000.00 1. Policy No. Y-0027407 Name of Insured: MICHAEL V. LIEGEY AND JEANNE M. LIEGEY, HIS WIFE The estate or interest in the land which is covered by this policy is: FEE SIMPLE o Title to the estate or interest in the land is vested in: MICHAEL V. LIEGEY AND JEANNE M. LIEGEY, HIS WIFE by deed from THE GREEN PC SAVINGS BANK dated JUNE 9, 1994 AND BEING DULY RECORDED in the Office of the CI of the County of Suffolk The land referred to in this policy is described as follows: SEE SCHEDULE "A" ATTACHED .,,~. '~ J (~) COUNTY OF SUFFOLK to~e* .SO~fl'lOLO ~c-.e I _..,111.. ~ L ~ ~Real Properly Tax Service Agency ...... 0~ TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, NEW YORK CERTIFICATE OF OCCUPANCY No. Zl1571 THIS IS TO CERTIFY that the /--/ Land /-/ Building(s) /~/ Use(s) 53840 / 53850 located at 53860 Main Road March 29, Southold Street Hamlet shown on County tax map as District 1000, Section 061 , Block 04 Lot part of 7, does~r~o~conform to lhe present Building Zone Code of the Town of Southold for the following reasons: In this B-1 Zone, a retail store, an office (Lawyer) and a non- 1983 conformin~ dwelling'are permitted uses. On the basis of information presented to the Building Inspector's Office, it has been determined that the above mm~e~i~rg C/Land /Z/Building(s) /Z/Use(s) existed on the effective date the present Building Zone Code of the Town of $outhold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. ' IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certif'i- cate is issued is as follows: a retail store (#53850) , a professional office (#53840) and a non-conforming one-family dwelling #53860). The Certificate is issued to ANDREW KRUFSKI ( owner, ~e-sm-t=e- or -ten of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CERTi~ ICFffE NO. NOTICE IS HEREBY GIVEN that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor ~o determine if the premises comply with all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. This parcel is lot 2 of Joseph Krupski's Minor Subdivision #263. ' ..~Buildifis inspector , A-C R -80 R-80 . $0 O THOL O / / / / / I : \ r ROAD TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAI%D OF APPEALS Appeal No. 2839 by application Dated June 9, ,1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. William B. Smith as agent for (Colonial Corners, Mechanic Street Southold, NY 11971 Inc.) DATE ...1.0./.1~..81 Appellant at a meeting of the Zoning Board of Appeals on August 6, 1981 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance 0(~ Request for a variance to the Zonhug Ordinance Art. VII w Sec o ( ) 100-71 the appeal 1. Ss~Jt-/9%~KX~/~:S~l/,~Mli~hw~M~l~X~,~that a special exception ( ) be ~a~ed ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be co~irmed b~ausePublic Hearing held 7/9/81: Application of Colonial Corners, Inc., Main Road, Southold, NY, (by William B. Smith as agent), for a Variance to the Zoning Ordinance, Art. VII, Sec. 100-71 for approval of insufficient area and yard setback of two proposed parcels at the south side of Main Road, Southold, NY; east parcel to Dubovick; bounded north by State Road 25; south and east by Methodist Church. County Tax Map Parcel Item No. 1000-61-4-7. (SEE REVERSE SIDE) 2, VARIANCE, By resolution of the Board it was determined that (a) Strict applicatinn of the Ordinance (would) (would not) produce hardship because practical difficulties (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) (SEE KEVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ) be confirmed ( ) be reversed. ) be denied and CG:lk FOR~ ZB4 ZONING BOARD OF APPEALS Appellant by this appeal seeks approval of insufficient area of two proposed parcels, of approximately 3,075 and 4,200 square feet, and will front on State Route 25 24.87 feet and 25.00 feet respectively. Each of the parcels con- tain preexisting two-story frame buildings between which the dividing line is proposed. Along the easterly side of the existing building on proposed Parcel 2 is a right-of-way, as shown on surveyed submitted with this appeal and dated July 16, 1969. The premises are zoned B-1 General Business. In considering this appeal, the Board determines that the circumstances herein are unique and practical difficulty has been shown; that the relief if granted will not change the character of the neighborhood; that if the relief is granted no adverse effects will be produced on available governmental facilities of any increased population; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that a variance to the zoning ordinance, Article VII, Section 100-71 be granted as applied for in Appeal No. 2839, application of Colonial Corners, Inc., SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the square footage of the buildings cannot increased frOm their present size; 2. That the buildings cannot encroach on neighbor's property line any more than presently exists. 3. That this matter is subject to referral to the Suffolk County Planning Commission pursuant to Section 1323, et seq. of the Suffolk County Charter. 4. That this matter is subject to the approval of the Southold Town Planning Board. Location of Property: South side of Main..Road (S.R. 25), Southold, NY; County Tax MaU Item No~ 1000-61~4-.~. Goeh- Vote of the Board: Ayes: Messrs. Doyen,. Douglass, ringer, Sawicki and'Grigonls. APPROVED ,/, .~irman I~oara q3/~Pl~,:~ COUNTY OF SUFFOLK 06~ JUDITH T. TERRY, TOWN CLERK RECEIPT Town of Southold Southold, New York 11971 Phone: ~, 6 - 765 -1801 DATE 51623 BOARD OF APPEALS, TOWN OF SOUTHO~D . In the Matter or the Petition, of to th, Board 'o A,p a,s of the Town NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That~ intention of the undersigned to petition the Board of Appeals of the Town of to request a f~ariance~e~e~(Special Exceptiori) (Special Permit) (Other) [circle choice] Southold 2. That the property which is the subject of the.Pet, ition is located adjacent to your property and is des- 3. That the property which is the subject of such Petition is located in the following zoning district:~ 4 That b') such Petith)o, the undersigned will request the following relief: · $. That the provisiqqs..Qf the Southold Town Zoning Code ap~_plicab e to the relief sought by the under- [ ] Section 280-A, New Yo~k Town Law fo~ approval of 6. That within five days from the date hereof, a written Petition requesting the relief specified above will befiledin theSouthold Town Clerk's Officeat Main Road 5outhold, New York and you may then and there examine the same during regular office hours. {516) 7~5-1809. 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-Mattituck Watchman, n6wspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear_/i_and be heard at such hearing. Dated:' .. . Petitioner ~fl~//~,~ J L' Post Office Address · Tel. No. (d/~) ~'_ d/l( [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS eec; _t .. Certified Matt No insurance CoveTage provided Do not use for internationat Mail (See STATE OF NEW YORK ) COUNTY OF SUFFOLK) _~'4:~./7~,Z~/~ /.~'.~/, C///~/~/ _ . . being duly sworn, deposes and says that on the of /~4~C. f -, 19 ~Z/./ , deponent mailed a true copy of the Notice set forth on the re- verse side h~eof, 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 as[essment toll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at <.~,~'~)~/'~/~ ; that said Notices were mailed to each of said persons by [certified) (Fegistered) mail Sworn to before me this ~ Notary Public HELENE D, HORNE Notary Public, State of New No. 4951364 Qualified in Suffdk County ~, Commission Expires May 22. 19 / ,,~" (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD plD~e~ tter or the Petition o.f to the Board of Appeals of the Town of Southold TO: A~(~'~'/~.~'~)~L.- ~ ~ YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. Thafl_LL.L~e intention of the undersigned to petition the Board of Appeals of the Town of 5outhold to requesta~ (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is th~ subiect of. the.Petitioo, is I~cated adiacen, t~to ypu.~ property and is des- cribed~.sfoJlows: .ff~'~t~ /'~(~'/ ~,d, ~o/~ ~. ~. 3. That the property which is the subject of such Petition is located in the following zoning district: ~. 4 That b, such Petitiog, the undersigned will request the following relief: /~'~' ..T~/ ~""cc//'~:;~.,,' signed are$' ThatA:ticlethe p r ovisipn~..~ ~/the SouthOldsec,~.onTOWn / ~:~ (~Z°ning Code~ ~///applicable~Lf/t~t° the relief~Q~:~sought by the under- [' ] 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. (5].6) 7~5-1809. 7. That before the relief sought may be g~:anted, 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-Mattituck Watchman, n6wspapers 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. Petitioner PostQffice Address ... ~. // Tel. No. (~lg 1'~ 6/1~. [Copy of sketch or purposes.] plan showing proposal to be attached for convenience PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Z 760 493 ~66 Recei~ for Certified Mail No nsurance Coverage Provided Do not use for nternationa[ Mai[ STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: 4~ ~-~'~ -~--~,~ '/'/-O /4:[ , being duly sworn, deposes and says that on the /~/--- day of /~%g/..~ ?'~'u/Y/' / , 1/9//~V, deponent mailed a true c°py of the N°tice set f°rth °n the re' verse side he.f, 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 assessn..~:nt roll ~of/the/~fown of Somhold; that said Notices were mailed at the United States Post Of- rice at ~"~ t"~ t') ~'2c-~/~:x ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this / ~.~ ~ day of / ~=L.~G~_., 1/c) Notary Public HELENE O. HORNE Notaw Public, State of New Yo~ No. 4~§ 1364 Qualified in Suffolk County ~ Commission Expires May 22, 19 ~"~ (This side does not have to be completed on form transmitted to adjoining property owners.) .