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HomeMy WebLinkAbout4273 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 Southotd 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 Appeal No. 4273: RUSS L'HOMMEDIEU (as tenant and resident). Variance based upon the August 25, 1994 Notice of Disapproval from the Building Inspector wherein applicant applied for a building permit to alter an existing one-family dwelling with an expanded home occupation carried on in an area exceeding 500 sq. ft. of floor area. The subject premises contains a lot area of 30,625+- sq. ft. and is improved with a single family dwelling, occupied by the applicant's home office. Location of Property: 1450 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-75-2-3.1. WHEREAS, after due notice, a public hearing was held on October 5, 1994, and at said hearing all persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Beard Members have familiar with the premises in question, surrounding areas; and personally viewed and are its present zoning, and the WHEREAS, the Board made the following findings of fact: 1. This is an appeal of a Notice of Disapproval issued by the Building Inspector in which the applicant has applied for a building permit for an expansion of an existing home occupation office as a physical therapist in the applicant-tenant's single-family reaidenee. 2. The premises in question is located in the A-C Agriculturai-Conservation Zone District and is a substandard lot containing a substandard total area of 30,600+- sq. ft. with 177 ft. frontage along the northerly side of State Route 25 (or the Main Road), at Southold. 3. The property survey map last dated October 2, 1990 was prepared by Roderick VanTuyl, P.C. and shows a single-family two-story frame house, accessory s'~mmingpoo], accessory shed, and large accessory garage building. Page 2 .- Appeal No. 4273 Application of RUSS L'HOMMEDIEU Decision Rendered October 5, 1994 4. Proposed by this application is an expansion of the existing 500 sq. ft. physical therapist home occupation, for an additional 400 sq. ft. as an exercise area for patients and an additional 100 sq. ft. for administrative tasks related to the office and waiting room. 5. The limitations of the Zoning Code for a home occupation are as follows under Section 100-31C.2: ...C. 2. HOME OCCUPATION, INCLUDING HOME PROFESSIONAL OFFICE AND HOME BUSINESS OFFICE. In permitting these uses, the Town Board recognizes that the residents historically have operated small businesses which provide services to the community from their homes. The Board finds that these businesses have not impacted negatively on the appearance of these residential zones. In the Board's judgment, it finds that in order to maintain the economic viability of the town, to maintain the rural quality of life and in the interests of the welfare of the residents, these businesses (or home occupations) should be permitted to continue. In setting forth the following subsections, the Board intends to permit as of right certain business uses in residential zones with the understanding that these uses are to be conducted in a manner that will not alter the character of the residential neighborhoods. The Board believes that the following subsections provide sufficient safeguards to accomplish that aim. These uses shall be permitted, provided that: (a) No display of products shall be visible from the street, and no stock-in-trade shall be kept on the premises. (b) Such occupational is incidental to the residential use of the premises and is carried on in the main building by the residents therein with not more than one (1) nonresident assistant for whom off-street parking must be provided on site. (c) Such occupation is carried on in an area not to exceed twenty-five percent (25%) of the area of all floors of the main building, and in no event shall such use occupy more than five hundred (500) square feet of floor area. Page 3 ,- Appeal No. 4273 Application of RUSS L'HOMMEDIEU Decision Rendered October 5, 1994 (d) There shah be no exterior effect at the property line, such as noise, traffic, odor, dust, smoke, gas, fumes or radiation. (e) Studios where dancing or music instruction is offered to groups in excess of five (5) pupils at one (1) time or where concerts or recitals are held are prohibited. (f) In no manner shah the appearance of the building be altered, nor shall the occupation be conducted in a manner that would cause the premises to lose its residential character, including but not limited to the use of colors, materials, construction or Hghting. (g) Notwithstanding anything set forth elsewhere in this Article, home occupations, home business offices and home professional offices shah in no event be deemed to include animal hospitals, Kennels, barbershops, beauty parlors, clinics or hospitals, mortuaries, nursery schools, clubs, auto repair shops, restaurants, tourist homes, rooming houses or boarding-houses and uses similar to those Hsted above. (h) For signs, see Section 100-31C(9)(a). (i) Home occupations, home business office and home professional offices shall not include manufacturing, fabrication or construction of any type on the site. , and may never be used as a separate use. 6. The proposed expansion must be in full conformance with the zoning code an the resident's home occupation and office, and may not be operated by a non-resident, corporation, entity or other type of operation except by new application for re-consideration and new hearing, after notice in accordance with New York Town Law. 7. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the type of home occupation which requires additional area for patient use, and there is no method feasible for appellant to pursue other than a variance; Page 4 - Appeal No. 4273 Application of RUSS L'HOMMEDIEU Decision Rendered October 5, 1994 (b) the relief is substantial in relation to the requirements being a variance of 100% of the requirements of the new Zoning Regulations enacted in 1989; (c) the variance requested does not involve an increase of dwelling unit or use density; (d) the relief requested will not cause a substantial effect on available governmental facilities since the relief requested is floor area in the interior of the existing single-family dwelling operated by the resident thereof, and is not a separate princpal use; (e) the relief requested is not unreasonable due to the uniqueness of the property and the character of the surrounding neighborhood which is located directly on a main highway (New York State Route 25); (f) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties, due to the proximity of the property on a major road and due to the limitation of use established by the Town Board in permitting a home occupation in the residential zones. Accordingly, on motion by Chairman Goehringer, seconded by Members Wilton, it was RESOLVED, to GRANT the relief requested for a floor area related to the home occupation of 850 sq. ft. (which shall include the reception and waiting area, office, treatment room and gym), SUBJECT TO THE FOLLOWING CONDITIONS: 1. The home occupation shall be permitted only as an accessory to the residency by the applicant herein; 2. The area depicted as a bathroom and closet and stairs will also be permitted, but will be treated separately from the home occupation area since they are areas that may be related to the residence as well). 3. The applicant's home occupation may continue only while the applicant is a resident of the subject premises and is properly licensed as a physical therapist; 4. Upon expiration of the term of the lease between the applicant-tenant and the owner, this variance will automatically become null and void; Page 5 '- Appeal No. 4273 Application of RUSS L'HOMMEDIEU Decision Rendered October 5, 1994 5. Upon the termination of the applicant-tenant's permanent residency in the existing dwelling, this variance will automatically become null and void; 6. This home-occupation use shall not be a principal use and must remain accessory operated only by the resident of the premises and for the benefit of the applicant's patients; 7. A copy of the renewed lease shall be furnished by the applicant on or before March 10, 1999 to the Office of the Board of Appeals to show a continued direct interest in the applications on file by the tenant-applicant. 8. The Special Exception use which was to be permitted under Appl. No. 3499 (D. Jerome) as an Accessory Apartment with Owner Occupancy and which has not been effectuated, is hereby declared null and void which was also agreed by the applicant and the owner, Daniel Jerome, during the Board's October 5, 1994 Regular Meeting. (The owner of the premises, Daniel Jerome, is no longer a resident at this property and is living at another address in Southold. The Special Exception was for owner occupancy only and therefore no longer qualifies for this accessory apartment permit. ) 9. The "gym" or exercise area shah be utilized only by the therapist-applloant and his patients, and shall not be a separate membership, club or other establishment. 10. The remaining buildings shall remain accessory to the principal building and shah not be occupied as a separate use or occupancy other than for storage purposes related to the main residence. Vote of the Board: Ayes: Messrs. Doyen, Wilton and Goehringer. (Nays: Members Dinlzio and Villa, who felt the variance was too substantial and would set a precedent for the whole neighborhood.) This resolution was duly adopted (3-2). lk GERARD 9' GOEHRING~R, CHAIRMAN RECEIVED AND FILED BY THE SOUT~i©LD T©WN CLEI~K LEGAL NOTICE 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 by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Read, Southold, New York 11971, on WEDNESDAY~ OCTOBER 5~ 1994~ commencing at the time noted below: 6. 8:00 p.m. Appl. No. 4273 - RUSS L~HOMMEDIEU (as tenant and resident). Variance based upon the August 25, 1994 Notice of Disapproval from the Buildlng Inspector wherein applicant applied for a buildino~ permit to alter an existing one-family dwelling with an expanded home occupation carried on in an area exceeding 500 sq. ft. of floor area. The subject premises contains a lot area of 30,625+- sq. ft. and is improved with a single family dwelling, occupied by applicant and his home office/occupation. Location of Property (as corrected): 45125 Main Road~ Southold~ NY~ County Tax Map Parcel No. 1000-75-2-3.1 (Record Owner is Daniel Jerome). Dated: September 21, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER FORN NO. 3 TO~I OF SOuTnOLD BUILDING DEPARTI~gNT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: AUGUST 25. 1994 To Daniel Jerome 6000 Horton Lane PLEASH TAKE NOTICE that your application dated HARCD 30. 19.~.. Location of Property .. 45125 HAIN ROAD .S.O..U~..O.L.I)~...h~..Y.O.~. House No. Street Hamlet County Tax Hap No. 1000 - Section .. 75 BLOCK 2 LOT 3.1 Subdivision ..................... . .. .... ... Filed Map No .......... Lot No ........ is returned herewith and disapproved on the following grounds ..~p~.~.~p~.A.Tl~.l~ .......... CARRIED ON IN AN AREA NOT TO EXCEED 25~ OF T~li AREA OF ALL FLOORS OF ~ HAIN BUILDING, AND IN NO EVENT SHALL SUCH USE OCCUPY HORR THA~ 500 SQUARE FEET OF' FLOOR AREA. ARTICLE III CHAPT. 100-31C 2 (c) ACTION REQUIRED BY T~ ZONING BOARD OF APPEALS. GA~I/J. FISH BUILDING INSPECTOR RV I/80 RECEIVED E ~.~'-(~ ~[P I 9 1994 Southold Town Clerk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ....................... ~... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,. ~we,- --~...~.~.~.~m~.~.~ ' .................. o, .... ..fl .~.I.~:.....(L~.../..~..- ~A_ ~.. ............................. Name of Appellant Street and Number ........ ....................................................... Municipality ...~.~.~ .......... HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... ( ) ( ) WHEREBY THE BUILDING INSPECTOR DENIED TO .................... Name o~ Applicant for permit a~ ~a.~ .... ~.....~ ........... ~.~.~l~ ............... .~. ............................... Street and Number Municipality ~Stote PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .~--/-~--'~----/~;;~,~...~;~..t..~P....f.~.~.tt~ ............ Street /Hamlet / Use ~j.s]s.~fjj,~?~j.~.L76 Bjo~.~_~,~.~].Current ~ner~ Map No. ' Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ? Section rt>t~ -' ~1 (_~3~"~ 3. TriPE OF APPEAL Appeal is mode herewith for (please check appropriate box) (v~ 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 () PREVIOUS APPEAL A previous appeal (has) ~as not, been made with respect to this decision 4. Of the Building Inspector or with respect to this property. Such ~ppeol was ( ) request for a special permit [ ) request for a variance and was made in Appea! No ................................. Dated ............................., ........................................ REASON FOR APPEAL ( ) A Variance to Section 2BOA Subsection 3 I/I ^ Variance to the Zoning Ordinance is requested for the reason that l%rm ZB1 REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSH WP~.becau~ Whereas, Ihe business of physical lher~py eau be conducled iu n si)ace .or exceediugc25% or 500 square feet of floor area, doiug so would sex,erely limJl ibe abilJly to prox'ide quality bealtli~l~,')o"~lLLy palieuls ill an uu-crox,.'ded, conffortable atmosphere. TILe ,se or lOOll square reel x,,ould allo~v tile office io house a 4011 square foot exercise area for patleuts, as well as a lOll sq.are foot area for administrative lasks. The request for more space will bare virlually uo ii.pact oil eitbet the onlsidc of ihe buildillg or tile uses of on-sile parking nor will il effect the adjaceul properly owllers. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity o~¢ 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 Dlbl KICT because This Professional Space is in kcepiug with a qualif3'ing boule occupalio~L ill erer), respect except this request for additioual allowable space. Tbe requesl For more space ~sill have rirlually no hupact ou eilher tbe outside of tbe building or Ibc uses of ou-site parkiug uor ~'.'ill il effect Ihe adjace,I property o~',.ers. Sworn to this .......... ./~....~..~ ...................... day of....~ ................... 19 ?~ MARY ANN Ni~ary Public. State of New OWNER / OF $OUTHOLD PROPERTY RECORD CARD u .~..) ISTRE. ~6~? Z~ SUB. LOT FORMER OWNER ~_~'~ e .~-~'.~ RES.,) ~,./~ ;FAS. VL. ' LAND . iMP. VILLAGE S ~ ~W FARM TOTAL DATE TYPE OF BUILDING COMM. CB. MICS. Mkt. V~:lue AGE NEW NORMAL I~UILDING CONDITION BELOW ". ABOVE FARM Acre Acre ', Value Per Value Woodland. ,:J I ' r ;~:i:~ FRONTAGE ON ROAD ~l , , ., ,,.,. COLOR TRIM M. Bldg. Extension Extension Porch Porch Breezewoy Room Both Floors ,Interior Finish Heot Rooms 1st Floor Rooms 2nd Floor Driveway LR. / 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 October 21, 1994 Mr. Russ L'Hommedieu Peconic Therapeutics 45125 MAin Road Southold, N.Y. 11971 Re: Appl. No. 4273- Home Occupation Expansion Dear Mr. L'Hommedieu: Please find attached a copy of communications from the Suffolk County Department of planning which results from their review under the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconic Bay area, West Harbor, Fishers Island Sound, Long Island Sound, and its tributaries. This copy is for your update and recordkeeping. Very truly yours, Linda Kowalski, Clerk Board of Appeals Enclosure DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J, GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I.C.P. October 19, 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(e) Raymes, Frederick ~ L'Hommedieu, Russ 4269 4273 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. Rober~ 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 Pursuant to Article X/V of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning CuL,~,ission: x Variance from the Zoning Code, Article III , Section 100-31C(2C) __ Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section __ Special Permit Appeal No: 4273 Applicant: Russ L'Hommedieu Location of Affected Land: 45125 Main Road, Southold, N.Y. County Tax Map Item No.: lO00- 75-2-3.1 Within 500 feet of: x ' Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Comments: 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 ~lt~ dwelling tO innlHde a hnm~ nccupation, Copies of Town file and related documents enclosed'for your review. Dated: October /~ , 1994 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 October 17, 1994 Mr. Russ L'Hommedieu Peconic Therapeutics 45125 Main Road Bouthold, NY 11971 Re: Appl. No. 4273 - Home Occupation Expansion Dear Mr. L'Hommedieu: Attached please find a copy of the Board's determination rendered October 5, 1994 at our Regular Meeting pertRining to the above variance application. You may now return to the Building Department to further proceed with your pending building permit application (and with any other agency which which may have jurisdiction) before commencing construction activities. For your convenience, we have provided the Building Department with a copy of this variance determination for their permanent recordkeeping and update since the issuance of their Notice of Disapproval. Also, due to the proximity of this project within 500 feet of a State Road, we have transmitted copies of the variance file to the Suffolk County Department of plannlng 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. Very truly yours, Enclosure Copy of Decision to: Building Department L/reda Kowalski Clerk, Board of Appeals Suffolk County Department of Planning R~om Square Footage I G3 m 425.0 Passage Treatment Office Recplion Closet TO'FA L 45.O 32.5 224.0 110.0 176.0 13.0 1025.5 6.5 X 5=325 25 X ! 7 = 425 GYM lOX I1=11o Ollicc Porch LIVING SPACE INCLUDINC FIRST FLOOR LANDING 1100 SQUARE FEET APPEALS BOARD I%{EMBERS Geeard P. Goehrin~er, Chairman Ser/:e Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SE~RA UNLISTED ACTION DEClJ~RATION Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 September 19, 1994 Appeal No. 4273 Project Name: Russ L'Hommedieu County Tax Map No. 1000- 75-2-3.1 I~cation of Project: 45125 Mein Roed, Southo0d, NY Relief Requested/Jurisdiction Before This t~ard in this Project: Alter an existing one-famil~ dwelling with an expanded home occupation carried qp_$n an area ~xceedino 500 sq. ft. of floor area '£nls Noslce is lssuea pursuan~ to Part 617 of the irmplementing 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 i~lemented as planned, and: { } this Board wishes to assume Lead Agency status and urges c~rdinated written comments by your agency to be submitted with the nex~c 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 i~rovements. { } this ~>ard 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 iraprovements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, ~r~ 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 Seuthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 September 20, 1994 Mr. Russ L'Hommedieu Peconic Therapeutics 45125 Main Road Southold, NY 11971 Re: Variance Application Dear Mr. L'Hommedieu: Please find enclosed a copy of the Legal Notice published by our office in the Long Island Traveler-Watchman, Inc. and Suffolk Times newspapers, which shows that the hearing is being held on Wednesday, October 5, 1994 at the Southold Town Hall at the time noted therein. Also, you will find enclosed a Poster Notice which must be placed by you, either on a stake and located in the front yard (road side) of your property, or placed on the front of your dwelling structure where it can be easily seen from the road. The poster must be conspicuously located at this time since the Board Members are planning to visit your area within the next several days. Please complete the attaehed Confirmation of Posting, sign, and return it to our office for our update and permanent file. Very truly yours, Enclosures IJnda Kowalski, Clerk Beard of Appeals BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of RUSS L'HOMMEDIEU d/b/a PECONIC THERAPEUTICS CONFIRMATION OF POSTING I, , residing at I, , being duly sworn, depose and say: That on the day of , 199 , I personally posted the property known as "45125 Main Road, Southold, NY" by placing the Town's official poster notice on facing the road side of the place at least five hearing. property, and that the poster has remained in days prior to the date of the initial public Dated: September , 1994. (signature) NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held. by the SOUTHOLD TOWN BOARD O.F AP.PEALS at the Town Hall, 53095 Main Road~ Southold, New York, concerning thws property. OWNER(S) OF RECORD: DATE OF PUBLIC HEARING: If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during' normal business days between the hours of 8 a.m. and 4 p.m BOARD OF APPEALS · TOWN OF SOUTHOLD · (516) 765-1809 BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of RUSS L'HOMMEDIEU d/b/a PECONIC THERAPEUTICS ................................... X CONFIRMATION OF POSTING I, [~c,~,~. C~'O,O,~_~'O~. , being duly sworn, depose and say: That on the ~2- day of ~.v.~ 199 ~{. I personally posted the property known as "45125 Main Road, Southold, NY" by placing the Town's official poster notice on -['bce-- ~O. I'C- ~ facing the road Sl~ie of the property, and that the poster has remained in place at least five days prior to the date of the initial public hearing. Dated: September , 1994. Page 23 - Transcript o~earings October 5, 1994 Regular Meeting 8:12 P.M. ~S~EI~ (as tenant and resident). MR. CHAIRMAN: Variance based upon the A~gust 25, 1994 Notice of Disapproval from tile Building Inspector wherein applicant applied for a building permit to alter an existing one-family dwelling with an expanded home occupation carried on in an area exceeding 500 sq. ft. of floor area. The subject premises contains a lot area of 30,625+- sq. ft. and is improved with a single family dwelling, occupied by - the applicant's home office. Location of Property: 45125 Main Road, Southold; County Tax Map Parcel No. 1000-75-2-3.1. The footprint of the house downstairs we have an area of approximately 25 x 17 which is referred to by the applicant as the gym area and it appears that the nature of this application is the 16 x 14 treatment area which is in between the reception and the bathroom or lavatory which is really a full bathroom. BOARD SECRETARY KOWALSKI: I believe it's 1,000 sq. ft. altogether. MR. CHAIRMAN: Right. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Russ would you like to say something for the. RUSS L'HOMMEDIEU: Thank you for your time and consideration of this matter. As I explained to the gentleman who came to inspect the property, basically what I'm looking to do is just expand on the existing home occupation allowance. This would allow me to conduct Page 24 - Transcript ol'qIea~ings October 5, 1994 Regular Meeting my business in a slightly larger area. It wouldn't change the amount of patients I would see nor the type of patients I would see. It would just allow those same patients to have access to some fitness equipment and allow me to treat them a little bit better. I don't think that this application will impact on the surrounding area or on the character of the region I'm living in. Thank you very much. MR. CHAIRMAN: Have you had any complaints from any neighbors or any of concern of the the applicant? RUSS L'HOMMEDIEU: Not to my knowledge. Certainly nothing has come to my attention or to the attention to my wife. MR. CHAIRMAN: While your still standing there does anybody have any specific questions of this gentleman, Bob? MEMBER VILLA: Well, basically the inside is going to be changed but the outside of the building is not going to be changed, right? RUSS L'HOMMEDIEU: No, other than a little sprucing up, nothing, no construction if that's what you're asking. MEMBER VILLA: Right. How many customers at a time are you likely to have? RUSS L'HOMMEDIEU: Well, right now I have a total of 4. I mean that's for the whole week. I'd like to see a maybe two or three times, tops. I am not currently structured for staff other than, my professional staff other than myself. At some point I may hire an assistant. The space does not warrant for anymore than three people at a time, four people at a time, which is, the dynamics are not structured for more than that. I'm not looking to run factory Page 25 - Transcript o~earing$ October 5, 1994 Regular Meeting practice anyway. So, I'm going to keep my numbers low for professional reasons and certainly the physical area will necessitate me to keep it relatively low as well. MR. CHAIRMAN: Just for the record, Russ, could you, you don't mind me calling you by your first name? RUSS L'HOMMEDIEU: Oh! Not at all. Mt{. CHAIRMAN: Could you just state for the record what your license is and what your decrees are? RUSS L'HOMMEDIEU: Sure. I have a Bachelor's Decree in Health Science, I have a Master's Decree in Physical Therapy and licensed and registered in the State of New York as a Physical Therapist. Professionally I carry a one million, three million Mai-Practice and have appropriate liability coverage as well. MR. CHAIRMAN: Could we assume that anybody, lets assume that you had three patients concurrently staggered in a period of a half hour to forty-five minutes, could we say that those patients would probably not utilize the reception area other than come in and immediately, let me, I'm just talking from past experience. The first thing I did when I went for physical therapy was I was greeted at the door, and I was told that the bicycle was over there. RUSS L'HOMMEDIEU: That's not too far from the truth. You may have an occasional backlog and those people may occupy the 3 or 4 seats there in the waiting area. The reception area is just that, it's a reception area. You come in, you're greeted, you sign in any business transactions will take, be taken place with accepting Page 26 - Transcript o~Hearings October 5, 1994 Regular Meeting copayments or resolving any insurance issues. If the patient were to come with an attendant they may stay in the waiting room, but that's the basic function of the reception area is to serve as a reception area and waiting for someone who a might be receiving treatment in the back. MR. CHAIRMAN: someone in the OK. So, quite, quite uniquely there could be back alone at the same time while you could be treating them in the treatment area which would be in between. In other words, they could be working independently on their own. RUSS L'HOMMEDIEU: Well, independently is a term that liability issues that I would, wouldn't use, because I will have staff, billing someone .... MR. CHAIRMAN: I meant there might be a, there may be someone that is assisting you back there with them, but not to ...... RUSS L'HOMMEDIEU: Right, but not, but not mean necessarily, that's correct, that's correct. MR. CHAIRMAN: OK, as well as the, as well as the lavatory area which is rather of course rather large because I assume it was part of the house at one time and that hasn't been aitered in anyway. RUSS L'HOMMEDIEU: No. MR. CHAIRMAN: OK, lets see if anybody else has any questions. Is there anybody in the audience would like to speak in favor of this application? Anybody like to speak against the application? Any other further questions, gentlemen? Bob? MEMBER VILLA: No, just basically that there's, this is 100% variance. Page 27 - Transcript of-Hearings October 5, 1994 Regular Meeting MR. CHAIRMAN: Well, I, I think it's a question you know, we have a dealt with these before, not necessarily under this Zoning Code. It's something that we're going to have to kick around in about 15 Whatever the last hearing takes. VILLA: Yeah, I just, just, want it clear that it's 100% Well, no, I'm .... Your limited to 500 and this is over 1,000. Well, that's my question here. My question of applicant concerning the use of the rooms quite the only two rooms that he's going to be utilizing is a treatment area andthe gym. There is a reception area but there would always be a reception area because we unfortunately have inclement weather. You know, if we were in a different state where we may not, we would be sitting outside. I realize it's quite of the square footage but the actual nature of this application are these two rooms. Right? As well as having a lavatory area. I mean you certainly would have a lavatory area. RUSS L'HOMMEDIEU: And an auxiliary office as well which I use to do paperwork. So, that's not a patient treatment area either that the office which is labeled office is not used for patier~t treatment. BOARD SECRETARY KOWALSKI: I just want to ask one question about the lease. How long is the lease good for? MR. CHAIRMAN: How long is your lease with a --- minutes. MEMB ER variance. MR. CHAIRMAN: MEMBER VILLA: MR. CHAIRMAN: questioning the honestly Page 28 - Transcript o~Hearings October 5, 1994 Regular Meeting RUSS L'HOMMEDIEU: Off the top of my head I don't remember what it said, but I believe it was five years. I believe five years is accurate. BOARD SECRETARY KOWALSKI: Is it renewable? RUSS L'HOMMEDIEU: Yes. MR. CHAIRMAN: While we have Mr. Jerome here, is there any other utilization of any other buildings on question about the use of the garage. use of it or he has the use of it. the property? There was a I don~t know if you have the RUSS L'HOMMEDIEU: We're using it concurrently. I'm using it as a garage primarily and you know they may one or two storage items in minor storage is used. I basically have a ( Is there any water hooked up to the garage? There's a security electric. To be honest with It's, it's just electric. I've never noticed there but very ) of the garage. MEMBER VILLA: RUSS L'HOMMEDIEU: you, I couldn't say. any. MR. CHAIRMAN: Great, so if you'll, you're welcome to hang around. We only have one more hearing. We have some normal agenda stuff that we take care of and then we'll zip right in to deliberations cause we have a couple we have to do. RUSS L~HOMMEDIEU: OK. MR. CHAIRMAN: All right. Thank you so much. Hearing no further comment I'll make a motion closing the hearing reserving decision. Page 29 - Transcript ~earings October 5, 1994 Regular Meeting MEMBER DINIZIO: MR. CHAIRMAN: MEMBRS: Aye. Second. All in favor? 8:20 P.M. Appl. No. 4274 - THOMAS FABB. MR. CHAIRMAN: Variance based upon the August 31, 1994 Notice of Disapproval from the Building Inspector wherein applicant applied for a building permit to replace more than 50% of existing dwelling, without an expansion, and which permit was disapproved under Article XXIV, Section 100-243B of the Zoning Code which does not permit enlargement, reconstruction, structural alterations or movement unless the use of such building is changed to a conforming use. The subject premises contains a total lot area of 1.2+- acres and contains the following nonconformist's: more than one single-family dwelling unit on substandard lot in this R-80 Residential Zone District. Location of Property: 1925 Naugles Drive, Mattituck; County Tax Map Parcel No. 1000-99-4-22. I have a copy of the plan and we have a copy of the original survey of all the houses on this particular parcel, this one in question which is on the north westerly side. We have a picture of the present structure as it exists at this time and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like to be heard? Sir, how are you tonight? I have first hand 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 pubic hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the $outhold Town 11971, on WEDNESDAY7 times specified below: Hall, 53095 Main Read, Southold, New York OCTOBER 57 19947 commencing at the 1. 7:30 p.m. Appl. No. 4255 - ROBERT S. SEARLE. (Continuation of Hearing held August 11, 1994). This is a request for a Variance under Article III, Section 100-32 of the Southold Town Zonino~ Ordinanee, based upon the July 12, 1994 Notice of Disapproval f~om the Bu.iJding Inspector, for permi.~sion to construct new single-fsmily dwellino~r and deck at a reduced setback from the front property Hue along Private Read off East End Read, Fishers Island, NY; County Tax Map Parcel ID No. 1000-7-2-8. The subject premi.qes contains a total lot area of approximately 3.16 acres with frontage along two private roads, one located at the north end and the other at the south end of this parcel. The Zone District is R-120 Residential which requires a minimum front yard setback of 60 feet. Page 2 - Legal Notice Regular Meeting of October 5, 1994 Southold Town Board of Appeals 2. 7:35 p.m. Appl. No. 4268 - EDWARD AND EVELYN HALPERT. Variance from Article IIIA, Section 100-30A.2C(1) {ref. Section 100-31C(4-b) and 100-33C}, based upon the Notice of Disapproval (as updated August 10, 1994) for permission to locate tennis court structure with 10 ft. high fencing' with insufficient setbacks when located in the front yard, and with fencing excee~ the four-ft, height restriction under Article XXIII, Section 100-231A. Location of Property: 2125 Town Harbor Lane, Southold, NY; County Tax Map Parcel No. 1000-66-1-31. 3. 7:40 p.m. Appl. No. 4269 - FREDERICK RAYMES. Variance from Article IIIA, Section 100-30A.4 (ref. 100-33) based upon the August 2, 1994 Notice of Disapproval for approval of accessory shed building, as exists in the northerly side yard area. Location of Property: 704 Wiggln.~ Lane (with frontage along canal of Gull Pond Inlet), Groenport, NY; County Tax Map Parcel No. 1000-35-4-19. The subject premises contains a total lot area of 14,316 sq. ft. {Setback of building when located in an area other than a permitted yard must be determined by the Board of Appeals.) 4. 7:45 p.m. Appl. No. 4270 - EILEEN FARRELL. Variance based upon the August 22, 1994 Notice of Disapproval from the Building Inspector wheroin applicant .requested a building permit to construct addition and alteration to a nonconforming building with a nonconforming use, and which permit was disapproved under Article Page 3 - Legal Notice Regular Meeting of October 5, 1994 Southold Town Board of Appeals XXIV, Section 100-243 of the Zoning Code which does not permit enlargement, reconstruction, structural alterations or movement unless the use of such building is changed to a conforming use. The subject premises contains a total lot area of 28,710+- sq. ft. an~ contains the following nonconformities: more than-one single-family dwelling on a substandard lot; nonconforming easterly side yard. The following expansion is proposed: new addition which will increase the floor area, and proposed deck addition. Location of Property: 760 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-145-2-7; also shown on the Map of Dudley Park filed September 17, 1928 as Lot 3. 5. 7:50 p.m. Appl. No. 4271 - JEAN and LOUIS WALTERS, JR. Variance based upon the September 13, 1994 Notice of Disapproval from the Building Inspector wherein applicants applied for a building permit for an accessory deck, as exists around sw~mmlngpoel structure, with an in-~ufficient southerly side yard setback. Location of Property: 1450 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-55-6-22. 6. 8:00 p.m. Appl. No. 4273 - RUSS L'HOMMEDIEU (as tenant and resident). Variance based upon the August 25, 1994 Notice of Disapproval from the Building Inspector wherein applicant applied for a building permit to alter an existing one-family dwelling with an expanded home occupation carried on in an area exceeding 500 sq. ft. Page 4 - Legal Notice Regular Meeting of October 5, 1994 Southold Town Board of Appeals of floor area. The subject promises contains a lot area of 30,625+- sq. ft. and is improved with a single family dwelling, occupied by the applicant's home office. Location of Property: ~o~'~ ~'~°~uc~, Southold, NY; County Tax Map Parcel No. 1000-75-2-3.1. The Board of Appeals will at said time and place hear any and all persons or ropresentatives 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 roquest more information, please do not hesitate to call 765-1809 or visit our office. Dated: September 19, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowaiski JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATiSTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1197 I Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4273 DATE: SEPTEMBER 19, 1994 Transmitted is application for a variance submitted by RUSS L'HOMMEDIEU together with notice to adjacent property owners; Short Environmental Assessment Form; Zoning Board of Appeals questionnaire; Notice of Disapproval from the Building Department; together with survey and other relevant documents. Judith T. Terry Southold Town Clerk GUAltANTY In consideration of the execution of the within lease by the Landlord, at the request of the undersigned and in reliance of this guaranty, the undersigned hereby guarantees unto tho Landlord, its successors and assigns, the prompt payment of alt rent and the performance of all of the terms, covenants and conditions provided in said lease, hereby waiving all notice of default, and consontfmg to any extensions of time or changes in the mariner of payment or perform- anco of any of the terms and conditions of the said lease the Landlord may grant tho ~l'enent, and further consenting to the assignment and the successive assignments of the said lease, and any modifications thereof, including the sub-letting and changing of the use of the demised premises, all without notice to the undersigned. The undersigned agrees to pay the Landlord all axpeases incurred in enforcing the obllgation~ of the Tenant under the within lease and In enforcing this guaranty. .... ........................................................... (S AL, ate: .......................... ~........~. .................................... ASSIGNMI~T AND ACCIBPTA[qCi{ O~ .~I~ ,]. For value r~lved the undersized Tenant hereby a~l~s all of said Tenant's rlght~ title and interest In and to the within lee~ from and after $/Iola~ unto ~,O i.~ heirs, sn~essors, and assigns, tho demlsM premls~ to. be~ nam and oc~pied for p~?Skkl ~a¢ ~ 0~[~ ~ "~ "'and fog fie b~e~ purple, it being expr~ly agreed that this assignment ~all not in any manner relieve ~e undersl~ assignor from Jtsbllity upon any of the ~venants of this lense. ~ / ~ :' ; . ~, : ~ ........................................... ':.', - ......... In consideration of ~e a~ve assignment and the written ~nsent of thb L%diord thereto, the undersi~ assigns, ........................................................................................ ~ ~ Parties Rent Payment o[ Rent CONSENT TO ASSIGNMENT The unflerslgned Landlord hereby consents to the assignment o! the within lease to on the express conditions that the original Tenant ~CO*J~C ; the assignor, hereili, ehali remain liable for the prompt payment of the rent and the performance of the covenants provided tn the said leas~ by tho Tehant t0 be msdf} and performed, and that no further assignment of said lease or sub-letting of any part of the pre~j~S~thereby df~is,ed~ll be made without the prior written consent of the undersigned Landlord. "._~~ ................................... i ................ ~ , ~ ., ~ff Landlord Date: .......................... .~- L..O./.~...~. ....................................... By '-~'7 .......................................................................... Between day of d hereinafter referred to as the Landlord, and hereinafter referred to as the Tehant, WITblESSETH: That the Landlord hereby demises and ie~Z unto the Tenant, and t. he Tenant he~eby hires and takes from the Landlord for the term and Upon the recitals hereinafter spec]fled~ the premises described as follows, situated in the County of Tile term of this demise shall be for beginning 3/lO 19 qq and ending The rent ~or the demised term shall be ($ t ~0(~ )' which shall accrue at the yearly rate of The said rent is to be payable monthly in advance on tho first day of each calendar month for the term hereof, in instalments as follows: ~loOO -O~e_ eo.c.~ 1-.e_~ 0(~' ~ at the o~ce of Term Peaceful Possession Default in Pay- ment of Rent Abandonment of Premiees Reletting by Landlord Tenant Liable for Deficiency Lien of Landlord to Secure Attorney~! Fees Sub.letting and A~igmnent Condition of Premises, Repairs The term of this demise shall be for beginning ~/tO 19 ~ and ending The rent for the demised term shall be ($ I~)0 ), which shah accrue at the yearly rate of '.: The said rent is to be payable monthly in advance on the first day of each calendar month for the term hereof, in instalments as follows: at the office of ' or as may be otherwise directed by the Landlord[ in writing,'! , ,' i: .., THE ABOVB LE'i-I'ING I5 UPON THE FOLLOWING CONDITIONS; First.--The Landlord covenants that the Tenant, on pay ng the said rental and performing the covenants and conditions in this Lease contained, shall and may peaceably and quietly have, hold and enjoy the demised premises for the term aforesaid. , : .... Becond.--The Tenant covenants and agceeit to us~ the demised premises as a and ngrees not to use or permit the premises to be used for any other purpose without the prior written consent of the Landlord endorsed hereon. Third.--The Tenant shall, without any previous demand therefor, pay to the Landlord, or its agent, the said rent at tile times and in the manner above provided. In the event of the non-payment of said rent, or any instalment thereof, at the times and in tile manner above provided, and if the same shall remain ia dofault for ten days after becoming due, or if the Tenant shall be dispossessed for non-payment of cent, or if the leased premises shall be deserted or vacated, the Landlord or its agents shall have the right to and may enter the said premises as the agent of the Tenant, either by force or otherwise, without helng liable for any prosecution or dfimage{~ thei, efor, and miiy fillet the premises as tho agent of tho Tenant, and receive tbs rent therefor, upon such terms as shall ba satisfactory to the Landlord, and all rights of the Teennt to repossess the premises under this lease shall be. fo?fe.ited, i~.uch re-.e.n~ry by, ~h~..~I~,_n_dl,o.rd~ s~.h.,a, ll,.n.o_t oofPe~]~ leased premises ns may bo necessary tO pince the same in good,Order and ooa~ition. Tbe 'l~.~n~.nt shall be liable to the Landlord for the cost of such repairs or alterations, nad all expefl~s ut shear rsletu~lg, if the sum realized or to be realized from the reletting is msuffielent to s~tlsfy the monthly Or term re~/t ~rovlded in this lease, the Landlord, at Its option may require the Tenant to pay such deficiency month by month, or may hold the Tenant In advance ~or the entire deficiency to be realized dar ng tile term of the relettlng. The Tenant shall not be entitled to any surplus accroing as a result of the relettlng. The Landlord is hereby granted a lien~ in addlt!on ~o any statutory lien or right to distrain that may exist, on aU porsenal property of fha Tenant Iii pi~ apo_n, thl/~dbmised ~i'~mlz~/, te sceUr~,pnyment of.t~.e rent and performance of the covennnts and COnditions Of this leasU. The baiidl0rd shan have the right, as.agent or the Tenant, to take possession of any furniture, fixtures or other ~rsenal property pt the Tenant found in or about the premises, and sell the same at pub ic or private sale and to apply the proceeds thereof to the payment of any monies becoming due under this lense, the Tenant hereby waiving the benefit of n 1 laws exempting property from execution, levy and sale en distress or ~ndgment. Tho Tenant ngrces to pay, as-addltlonnt 'rent~ all attorney's fees and other expenses indurred by the Landlord in enforcing any of the obligations tinder this lea~. Fourg~.--The Tenant shall not sub-let the demised premises h01; i~fiy toorlion theren~, nor shall this lease be as- signed by tbs Tenant without the prior written consent piths Landlord endorsed hereon. Filth.--Tho Tenant has examined the. demised pretnise~ and dcdep,~,' ~Jii~,m'~lfi.th,,eik _Pces. e. nt.condi, tlon (except a.s otherwise expressly provided herein.) and without any repcegontations on the {)at~ or,tau bannloro Or its agents as ta the present or future condithm of the said pcemises. ~he '~ena~t. sh,ll keep ,th.,~ ~tem!?~t~p,r..e .m_.lse.s,_ln~_g~ea_~_caoa ~_~ie~na~ shall redecorate saint and rehovute the said premises as mn~o~ hecessary~o,~enP mere in.repair u,u am.m,, spy ,u ... ~be Tennnt sh~l'0nlt and surrender thu premises at the end pi the d~mlged,t~,rm ih as good cond. i.tlon as. tan r,e,a, sen, a.s.lu use thereof will permit. The Tenant shall opt make any altsratimiS, a,d?tioi!s, 0i~,lmt)re~eh'ents to sam premises w~mout tan Alterations and ~mprovements Sanitation, Inflammable gVlateria]s Sidewalks Mechanics' Liens Liability of Landlord Services and Utilitieo Right to Inspect and Exhibit Damage by Fires Explosion, The Elements or Othe~wla~ Observation of Laws, C~iflance~ Rules and Regulations Signs Subordination to Mortgages and Deeds of Trust Sal~ o! of the ord All orations plterations additions and improvements, whether temporary or per- written consent :~#~1 ' .c e --*~ v,.althav ............ hv th~ l~ndlord or the Tenant, ex'pt furniture or ma~t tn eharacter, wMeh mai ~ ~Rd9 ~POfl,~? ~ ,. , h~u ~ th8 nro~rt~ of the Landlord and shall remain movable tredP, fl~t~r~)~ ~} 9t~ ed ~tb0~9?~ 9~ ~o '~'eno0c, $-. ........ . -~ ~ au n er I r~ ~ ~ ~ par~ th~r~0f ~t the ~e~mination o~ ~la ~a~, without compensation to Hpo~ ~d ~ ~ ~' .~,W.~ t~q ~ . ~ ~, .~ ;~A ...... ~ -,, ~-r+* thereof In a clan a~d sanitary condttlo~ ~he Tenant. ~e Te~_~rtO~ a~p ~q.~.saJ~ P~]~.'~i~ thl~ lea~ ~vers vreml~s, all or ~ part ow~f~"bleh o~'~[~n~or~the..~..~. ~ . Tenant turner agr~s ~o k~p the sidewalks in front of such ground floor portion of the demi~d premiss clean and ieee of o~truetlons, snow and 1~. ~txth.--In the event that any m~na~.ne? ~ -,~_~.-+~,[:.. ~.,., nott~ to the Tenant, may terminate this le~e and.~ ~ ~l~. ~ ~ .... s~m~e~d hv:th~ ~ or ~ dlsehar n the said lien, as additional rent her~ bur~ the Lanomro ~e.o,a~ e+~n .......... ~ ..... ~dl d t ~ g ' ~,~,~ ~h~ ~nhi"~ t~ Te'pla~ at t~e ~en~nt's expen~ any ~d all gla~whle~ ma~ ~ wi~h tho ~u4lo~l~SF, 1}i~$~{.~,~. ~, ,.;,, , .... ' . . ~ A ~ ~ndlord ~all not,be r~aslblo for tho lose of or damage to property, or Injury to persons, oeeur- ml~ p ~' P P Y ................ +~ ~-n~nlf~ and save the Landlord harmle~ ~reons or tenants In and i~g th~ sal~ pro~rty. 'l~e -x~. ~t~l~-~-~o~s eeeurrlng from all claims and llablllt~ ~Or lo.ce o~ or oamage co prop~tt~ ' ~t.~.~Ut!{{!!~ ~ ~!~Y~. ~{s~e~ .to t~e Oemis~ premiss fo~ the ~ueflt Of the Tenant shall be provided and paid for'~ ~ollowa:. w~to~, bY ~V [ ~,~. ; gas Dy the , ; el~trlclty by tbe ; heat by tho , , ,,, , , ,:,,; refrl~ratlon by the , ;, ; hot water by the The Landlord shall not be liable gar any interruption or delay in any of the above services for any reason. 2~th.--The Landlord, or its agents, shall have the right to enter the demised premises at reasonable hours in the day or night to examine tho same, or to run telephone or other wires, or to make such repairs, additions or altera- halt deem necessary for the safety, preservation or restoration of the improvements, or for the safety or tress _as_ lt_f .......... ants o- usere thereof (,there being no obligation, however/on the .part o.f the Landl. o. rd to m~a~e~ any such repairs, additions or alterations), or to exmut~ tau ...... =---~ a saltable '!For Sale" sign. For three months prior to the expiration of the demised term, the Landlord, or its agents, may simllqrly exhibit tho p?~l[~ ,to,pro,peet ye~ tenants, e~pd may place the usual "To Let" signs thereon.. E e. venth--In the e eqt p tl~0 desgruction of the demised premises or the building containing the said premises ~- a~ ~.~*~,~l~n~..~=. tho ele~onts'~or 'otherwise during the term hereby created, or previous t. her.e.to!_or~suc~_p~a~t_!~a~l ,~d~ ~[ru~c~t~on t~ereof 'as to reader the premises wholly untenentable or nnflt for oeeupaney, or eaoala tile uem,~eu be se badly lnJurel]~ the~ t~h~ ~1#~9 C~nn0t ~0 reP~JFed within plnety days from the happening of such injury, then and In such case the term hereby cre//ted ~hell, at the option of the Landlord, cease and become null and void from the date of such damage or destruction, and the Tenant shall immediately surrender said premises and all the Tenant's interest therein to the Landlord, and shall pay rent only to the time of such surrender, in which event the Landlord may re- a er end re- oesees the premises thus discharged from th s lease and may remove ali parties therefrom. Should the ~e~nelsed premises be rendered untenantablo and unfit for occupancy, but yet be repairable within ninety days from the ha en n of sa d injury the Landlord may enter and rspatr the same w th reasonable speed, and the rent shall not ae~rP~e a~ter said injury or while repairs are be ng made, but shall recommence immediately after said repairs sba I be cmnpleted. But if the premises shall be so slightly injured as not to be rendered untemmtable and unfit for occupancy, then the Landlord agrees to repair thn.smee .u'ith reasonable promptness and in that case the rent acc:rued and accruing shall not cease or determine, The il?chant shall immediately notify tho Landlord in case of fire or other damage to the premises. Fine.ill.--In the event of the sale by the Landlord of tho demised premises, or the property of which said Otherwise Observation of Laws, Ordinances, Rules and Regulatlona Signs Subordination to blortga~s and Deeds of Trust Sale of Premises Rules and Regulationa of Landlord Violation of Fodeimre of Lease, Re-entry by Landlord of Breach Bankruptcy, Insolvency, Assignment for ~enefit of Creditors Holding Over by Tenant be so badly ipJuge{~ tllJ/~ ~aa g}aine ggn~ot pO F~t'~ Within ptnety 0ays tram tile aappenmg of sues InJury, taeu ann m ~uch case the term herdby ~ated shall, at the option 0f the ~ndlord, cease and ~me null and void frmu the date of.such ~ma~ or destru~and the Tenant ~all immediately surrender ~d premiss and all the Tenant's Interest therein to the ~ndlord, a~all pay rent only to the time of such surre~ in which event the Landlord muy re. enter and r~po~a~ ~ pr~ ~S di~chgrged ~rom ~ls ]ease and ma~ove alt parties therefrom. ~hould the demls~ premiss be ~nde~ ~ntenanthb]O ~nd unfit for eccupaney, but yet ~ repairable within ninety days fi'om the hap~ning of ~id injury, the Landlord may enter and repair the same with r~sonable speed, and the rent shaU not a~rue after said injury or while repairs are being made, but shall r~mmen~ lmm~iately after said repairs shall be ~mpleted. But if the premises shall ~ ec slightly Injured as not to be rendered untemmtable and unfit for occupancy, then the Landlord agr~ to repair the.name wlth~ceasonabte promptne~ and In that ca~ the rent accrued and shall not ~ase or detgrmlne. ~e Tenant shall lmm~iatsly notify the Landlord in ca~ of fire or other damage to the premises. · mel/th.~he Tenant a~9 to ob~rve and ~mily w th a aws. ordinaries, rul~ and re~lattons of the F~- eral, State, ~unty and Municipal authorltl~ applicable to the business to be conducted by the Tenant In the demiecd premiss. The Tenant agr~s not to do or permit anything to be dram In said premises, or k~p anything therein, which will increase the rate of rice Insurance premiums on the improvements or any part thereof, or on property kept therein, or which will obstruct 0r Interfere with the rights of other tenants, or conflict with tbe re~latlons o~ the Fire l)e- partmcot or with any lnsurgu~ ~llcy upon said lmprovmnents or any pa~t thereof. In the event of any increase insurance premiums ~sulttng from the Tenant's occupancy o~ the premises, or from any act or omission on the part the Tenant, tbe Tenant agrees to pay said Increase ip ~qFa~e premiums on the Improvements or ~ntents thereof as Thtrtsenth.--No sign, advertisement or unties shall be affixed to or placed upon any part of the demised premises by tho Tenant, except lu s~ch manner, and of such stsc, design and color as shall be approved in advance in writing by the Landlord. ,,, ,!, ,~ ,~ , ~ ~ FourtsentA.--Thls lease ts subject and is hereby subordinated to all present and future mortgages, deeds of trust and other encumbrances affecting the demised premises or the property of which said premises are a part. The Temmt agrees to execute, at no expense to the Landlord, any instrument which may be deemed necessary or desirable by the Landlord to further effect the suberdlnation of this lease to any such mortgage, deed of trust or encumbrance. FtlteentA.--In the event of the sale by the Landlord of the demised premises, or the property of which said premises are a part, the Landlord or the purchaser may terminate this lease on the thirtieth day of April in any year upon giving the Tenant notice of such termination prior to the first day of January in the same year. BlstaenfA.--Tbe rules and regUlations regarding the demised premises, affixed to this lease, if any, tis well as any other and furthec reasonable rules and regulations which shall be made by the Landlord, shall be observed by the Ten- ant and by the Tenaqt'a employees, agents sod customers. The Landlord reserves the right to rescind any presently exist- lng rules applicable to the demised premises, and to make such Other and further reasonable rules and regulations as, ia its Judgment, may, from time to time be desirable for the safety, care and cleanliness of the premises, and for the preset- ration ag good 0rder.~eFe{h, '/ii, Ich fgles, ~vhen so tnadq and notice thereof given to the Tenant, shall have the same fqre9 and effect lis I~ ~' glq~tfi~ ~tde ~ pa'rt of this lease. Such other and further rules shall not, however, be incon- sistent with the proper and rightful/enjoyment by the Tenant of tho dem sed pram see. 8eventeentlk--In ease of violation by the Tenant of any of the covenants, agreements and conditions of this lease, or of the rules and rligUlatlon$ now or hereafter to be reasonably established by the Landlord, and upon failure to dis- continue such violation withlfltel/days after notice thee'eof given to the Tenant, this lease shall thenceforth, at the option of.tbs Landlord, become null and void, and the Landlord may re-enter wltbeut further sauce or demand. The rent in such case shall become due, be apportioned' and paid on and up to the day of such re-carry, and the Tenant shall be liable for all loss or damage rseulting from such violation as aforesaid. No waiver by /he Landlord of any violation or breach of condition by the Tenant shall constitute or be construed as a waiver of any other vinlatlon or breach of condition, nor shall lapse of time after breach of condition by the Tenant before thc Landlord shall exercise its option under this paragraph oporete to defeat tho right of the Landlord to declare this lease null and void and to re-enter upon tha, i.~eml~d, prl ~'s~' ~g~r thC.aRid byeneh or violation. EIghtcenth.--All notices and demands, legal or otherwise, incidental to this lease, or the occupation of the demised premises, shall be in writing. If the Landlord or its agent desires to give or serve upon the Tenant any notice or de- maud, it shall be sufficient to send a copy thereof by registered mall, addressed to the Tenant at the demised premises, or to leave a copy thereof with a person of suitable age found on the premises, or to post a copy thereof upon the door to said premises. Notices rrm0 the Tenant to the Landlord shal! bd sent by registered mail or delivered to the Landlord at the place hereinbefore designated for the payment of rent, or to such party or place as the Landlord may from time to time designate in writing. lglneteen¢h.--It is further agreed that If at any time during the term of this lease the Tenant shall make any assignment for the benefit of creditors, or be decrse~ Iasc]vent or bankrupt according to law, or if a receiver shall be appointed for the Tenant, thee'the La~d!ord '~a~,, at tis option, terminate this lease, exercise of such option to be evi- denc~J by notice to that effect served'upon th5 assignee, receiver, trustee or other person in charge of the liquidation of the property of the Tenant or the Tenant'~.sstate, but such termination shall not release or discharge any payment of rent payable hereunder and then acernsd, or any liability then accrued by reason of any agreement or covenant beretu contained on the pa~t of the Tenant, ?r the '~Venlint's legal representatives. Twentieth.--In the event that the Tenant shall remain in the demised premises after the expiration of the term of this lease without having exeCuted a new written lease with tho Landlord, such holding over shall not 'constitute a re- newel or extcoslon of this lease. The Landlord may ~t its option, eleCt to treat the Tenant as one who has not removed at the end of h e term, and thereupon be entltled'to all the remedies against the Tenant provided by law In that situation, or the Landlord may elect, at its Option, to construe such holding over aa a tenancy from month to month, subject to all the terms and conditions of this lease, except as to duration thereof, and in that event the Tenant shall pay monthly rent in advance at the rate provided herein as effeCtive during the last month of the demised term. Domain, Condemnation Arbin:ation Delivery o~ Provisions ~ot Exclusive f~ase Binding on Helr~, · TW~(V-fl'rSt'~I~ tho property or 9ny part thereof wherein tho demised premises are located shall he take? ..by public or quasi-public autho~ader 0nY ~wer of eminent domain or ~nd~atlon, this lea~, a~ ~he option or Landlord, shall forthwith t~ate and the Tenant shall have no claim or ~ In or to any award of damages for such taking. , ~ly.,~d~bo~e~a~ ha8 this day de~sit~ with the Landlord the sum of $ ns 8~urity for the full and Iai~ful ~FfoFmance bY the ~enant 0f all the terms, covenants and conditions of this lease upon the Tenant's ~rt to be ~rfo~md, which ~4d s~m shall be ~turned to the Tenant after the time flx~ as the expiration carrt~ o~t all of ~ld terms, covenants and c~nditions on ~enant'8 ~rt subJ~t to this lea~, the ~lord shall have the right to transfer the ~curlty to the vend~ for the ~neflt of the Tenant and the Landlord ~all be eonsider~ relea~ by the Tenant from all liability for the return of such s~urity; and the Tenant agree to I~k to the new Landlord ~lely for the return et the ~ld ~urity, a~ it Is agr~ that this ~all apply to every t~nsfer or assignment made of the ~rity to a new Landlord. The ~urlty delmsltM under this 1~ ~hall not be mortgage, asslgaed or encum~md by the Ten- ant wl~out the wr tten cou~n~ of the ~ndlor& ~w~fy-i~f~y ~ut9 arising under ~is 1~ shall be se~l~ hy arbltratiou. ~en ~n~ord and Tenant shall each cheo~ ~ arbi~at0r, and the two arbitrators thus chain shall ~lect a third arbitrator. ~e findings and award of the thr~ arbltrator~ thus chain shall be final and binding on the parties hereto. TW~ty-~ourt~.--NO rights are to be ~nferred u~n the ~nant uutil this lease has b~n slgn~ by the Landlord, and an executed ~p~ of t~e le~ has ~n deliver~ to ~e Tenant. ~'w~i~-~Jth.--~e ~ing rights and ~medi~ am ~t inteud~ to ~ exclusive h~ as additional to all rights. and rem~l~ ~e ~ndlord Would o~herwi~ have by law. anon the r~tlve heirs ex~utors, administrators, 8uc~rs anu a~s et tn= ~ ~ · , - ~h~d~th~f the ~ena~t, if a~ individual, the L~ndlord may, at i~ option, terminate this lea~ by notifying the ex--- tar or adminls~ator of tho Tenant at the demls~ prmi~. ~w~iy~t~.~is tea~ and the obligation of Tenant to pay ~nt hereunder and ~rform all of ~e other cov- enants and agr~ments hereunder on part of Tenant to ~ ~rformed shall In nowise be afl.ted, impaired or exeu~ ~au~ ~ndlord Is unable to supply o~ !s delay~ In supplying any servi~ expressly or impli~ty to ~ supplied or is unab e to mak~ or is del6y~ In making any repairs, additions, alterations or d~oratlons or is unable to supply or delay~ 1~ supplying ~ny ~ipment or flxtur~ if ~ndlord Is prevent~ or delay~ from ~ doing by r~son of govern- mental pr~mptlon l~ con~tion with the National Emergency declar~ by the Pr~ldent of the Unlt~ States or conn~o9 with any rul~ order or ~lation of a~y department or su~ivision ther~f of any governmental agency or by r~sen of the ~ndltions of ~pply and demand which have ~n or are aff~ by the war. ~wentp-e/g/tth,--~hie Instrument may not be ehnnged orally. iN WI?NESS WHEREOP, the said Parties have he~,t.o i~ ~/~ seals the day and year first above written. Witness: ........ ~.~_.~.;~:~{ ........................ ( SEAL ) ................................. '::L:q !{7':'""g:'":'i~iiL(7'~'"'Y'""i ,, , .......... ~ ~,,/ · Tenant PROJECT I.D. NUMBER I 617.21 I Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comoleted by Applicant or Prolect sponsor) 1. AFPLICANT ,SPOI~ . $. IS PROPOSED ACTION: [] New [] ExPansion [~'/M~I f Icat Io~/a It erltIon 7. AMOUNT OF LAND AFFECTED: WILL PROPOSED ACTION COMPLY WITH ~XlSTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes ~No I! NO, describe Oriefly 9. WHAT PRESENT LAND USE IN VICINITY OF P JECT? . ~identlal [*"Jl~¢lusttial ~e~lal ~A~"~Ag~icultura r-I pai, l~Fomst/Open $Oac. I'-~Ot~er Oe~rioe: 10. DOES ACTION INVOLVE A PERMIT APPROVAl. Off FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDErAl STATE OR LOCALI? 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MOD,FICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE REST OF MY KNOWLEDGE 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 1 .(Continued on rever'se side) SEQR The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board · before a~y aotion is taken. ~HORT ENVIRONMENTAL ASSESSMENT FO~l I~NSTRUCTIONS: (a} In order ~o answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project a~d the likely impacts Of the 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- (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessme~ 1. Will pro~ect result in a large physical change to the project site or physically'alter more ~N than 10 acres of land? ~es : 0 2. Will there be a major change to any unique or un~ual land form on the site? Yes /No 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 ~o 6. Will project affect any threatened or endangered plant or animal species? Yes ~No 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 cormnunity? ., Yes ~N~ 9. Will project adversely impact any site or struct-' ute of historic, pre-historic, or paleontological ' importance or any site designated as a critical /No environmental area by a local.agency? Yes 10. Will project have a m~jor effect on existing or future recreational opportunities? Yes'No 11. Will project result in major traffic problems or cause a major effect to existing transportation /No . ' systems? ' ~Yes 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ' ~No ance as a result of the project,s operation? ~Yes 13. Will project have any impact on public health / or safety? ~Yes .. _No 14. Will project affect the existing community by directly causing a growth in permanent popula~ A tion of more than $ percent OVer a one-year Yes o period or have a major negative effect on the ~ charact~ of the community or neighborhood? ~5. Is there public controversy concerning the ~N project? . ~reparer,s Signatur 'ZBA ~/~5 " _ Date~ QUESTIOnnAIRE FOR FILING WITH 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: (Separate sheet may be attached.) B. Is the subject premises listed on the real estate market ~or ~ sale· or being shown to prospective buyers? { } Yes No. {~} (~f Yes, pl~se ate~-h c~:p~ of "condi~4ons,, of a~le.) C. Are there an~lTruposals T~ =hange~r alter land cuntc~u? { } 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 bulkheaeed 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,~rustees 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? A3/~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which e~t ~nd are not shuwn ~n the survey map that you SUbmitting? If none exist, please state "none." · G. Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? /JO If yes, please explain where or submit copies of deeds.' I. Please list prese, nt use or operations conducted at this parcel ~e~ proposed use ~norized ~gna~ure and Date - 3/87, 10/901k § 97-13 WETLA~'qDS § 97-13 TOWN ~ The Town of SoutholcL. TRUSTEES -- The Board of Trustees of the Town of Sourhold. [Added 6-5-84 by L.L. No. 6-1984] ',vE~NDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 bL~* N~. r,-19sal: -. ...... Z? WET.NOS: (I) 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 tn banks. bogs. salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) All banks, bogs. meadows, flare and tidal marsh subject ~ such tides and upon which gm,va or may ~w some or any of the follow{n~ salt~hay, black gra~, saltworm, sea lavender, m~ ccrd~s, high bush, cattails, grcun~ m~s~}tow ~d ~w (3) All L~nd immediately nd~acent to a tidal wetland a~ defined in Subsection Al2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS; (I) 'Freshwater wet ands" as defined in Article 24. Ti- tle 1. § 2.1-0107. Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of Now 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 s..~s.ss Southold Town Board of Appeals -21- May 12, 1977 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, .and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED, Leslie Hart, Hart Hardware, Inc., Main Road, Southold, New York, be GRANTED permission to divide property with insufficient width and a=ea, Main Road and Jockey Creek Drive, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2277 - 9:40 P.M. (E.D.S.T.) upon application of~%~y~telzer..a d.w~fe, Main Road, Peconic, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of prop- erty: North side Main Road, Peconic, New York, bounded on the north by A. Stelzer and M. Harris; east by Pilles; south by Main Road; west by F. Stelzer. The Chairman opened the hearing by reading ~he application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, notice to the appli- cant, and disapproval from the Building Inspector. The Chairman also read statement that notification by certified mail had been made to: Antone Stelzer c/o Frank Stelzer; Mary Harris; Thomas Pitles; Frank Stelzer. Fee paid - $15.00. THE CHAIRMAN: The application is accompanied by a sketch indicating that the applicant is the owner of a plot 277' on the Main Road in Peconic with a depth of 175' on one end and 170'+ on the other, easterly end. The applicant's two-story framed house is located approximately 40' from the right-of-way of 16-1/2' on the westerly border of the applicant's lot. The house is 54' from the Main Road leaving what appears to be about 200' of vacant land between the Stelzer house and the neighbor to the east who wishes to enlarge his lot. Is there anyone present who wishes to speak for this application? MRS. STELZER: We own the lot. THE CHAIRMAN: How much did you want to setl? Southold Town Board of Appeals -22-' May 12, 1977 MRS. STELZER: Whateve~ the Board will allow. MR. PILLES: I way I feel, I would like any part of it to make mine better. THE CHAIRMAN: The neighbor to the east, his house is only 4' at the norterly end of the side yard and 6' at the southerly end of the side yard and approximately 44' to the Main Road with 60' running feet on the Main Road. FRED HULSE, JR.: Do you know how much distance there is between your house and Mrs. Stelzer's house? MRS. STELZER: Well, our's is 277' and we have a driveway to the east. THE CHAIRMAN: About 180' between the two houses. ROBERT BERGEN: We don't want to create another lot. · MR. PILLES: I don't want to build on it, I want a nice size yard. THE CHAIRMAN: And it doesn't make any difference to you, Mrs. Stelzer? How about 100'? MRS. STELZER: If it's agreeable to them. FRED HULSE, JR.: How much have you got on the road? MR. PILLES: 60'. FRED HULSE, JR.: So if you got 100', you'd have 160' and Stelzers would have 177'. THE CHAIRMAN: That would make the two lots approximately equal. 100' is easy to remember. Anyone wish to object to this application? MRS. STELZER: We have no objection at all. THE CHAIRMAN: Any other questions? MRS. STELZER: The only thing is, if we can't come to an agreement like on the price or something, can that lot be sold to someone else? THE CHAIRMAN: No. You could only sell the 100' to enlarge Mr. ~illes' lot. It couldn't be used for another residence. After investigation and inspection, the Board finds that the applicant requests permission to set off lot with insufficient width and area, North side Main Road, Peconic, New York. The Southold Town Board of Appeals -23- May 12, 1977 findings of the Board are that Mr. and Mrs. Stelzer wish to sell the easterly 100' of their lot to Mr. rilles in order to enlarge his lot which is only 60' in width. The result of the division shall be that the Pilles house and the Stelzer house will he on approximately equal acreage. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, Henry Stelzer and wife, Main Road, Peconic, New York, be GRANTED permission to set off lot with insufficient width and area, north side Main Road, Peconic, New York, as applied for, subject to the following condition: Mr. Pilles may not use the additional 100' side yard for building purposes. It may be used.only to enlarge his present lot. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2275 - 9:50 P.M. (E.D.S.T.) upon application of Joseph Vandernoth, Osprey Nest Road, Green- port, NeW York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition with insufficient side-yard setback. Location of property: Osprey Nest Road, Greenport, New York; Lot ~18, Cleaves Point Subdivision, Section ~. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, notice to the applicant, and disapproval from the Building Inspector. The Chairman also read statement that notification by certified mail had been made to: Mr. a~d Mrs. Joel Rosenthal; Mr. and Mrs. Conrad Russo~ Fee paid - $15.00. THE CHAIRMAN: The applicant's lot is pie shaped. It extends on Osprey Nest Road on the west to Osprey Nest Road on the east. The area proposed for the garage is on the westerly side of Osprey Nest Road. There are large trees involved. Is there anyone present who wishes to speak for this application? TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL, SOUTHOLD, NEW YORK February 24, CERTIFICATE OF OCCUPANCY NK~CONFORMING PREMISES No. Zl1499 THIS IS TO CERTIFY that the 1983 I' 1 Land /--/ Building(s) I' 1 Use( ) located ~ 45125 Main Road ?econic Street Hamlet shown on County tax map as District 1000, Section 075 , Block 02 Lot 003.001 , does(m~i)conform to the present Building Zone Code of the Town of Southold for the following reasons: Th'is use, one-family dwelling, is a permitted use in this 'A' Zoned District. This lot was approved by ZBA-#2277, and the Pl~nnin~ Board-~ 106-~$. On the basis of information presented to the Building Inspector's Office, it has been determined that the above mmmconforming /i/ Land /Z/Building(s) /[/Use(m) existed on the effective date the present Building Zone Code of the To%~rn of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's' Office, the occupancy and use for which this Certifi- cate is issued is as follows: one-family dwelling. The Certificate is issued to of the aforesaid building. HENRY & MARY STELZER (owner, ~e s~ ~r -t-e~) Suffolk County Department of Health Approval n/a UNDERWRITERS CERTIFICATE NO. n/a NOTICE IS HEREBY GIVEN that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine ff 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. ~t Building Inspector MAIN ROAD STATE ROAD 25 SOUTNOLD, L,l., N.Y, 11c~71 TELEPHONE ($'1§) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3499 Application Dated April 28, 1986 TO: Mr. and Mrs. Daniel T. Jerome 45125 Main Road S0uth0]d, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on July 3]~ 1986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [X] Request for Special Exception under the Zoning Ordinance Article III , Section ]00-30(B) [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of DANIEL AND LISA JEROME for a Special Exception to the Zoning Ordinance, for approval of an accessory apartment pursuant to Article III, Section lO0-30(B). Location of property: 45125 Main Road, Southold, NY; County Tax Map Parcel .No. 1000~75~02;3.1 Matter cation WHEREAS, a public hearing was held on June 19, 1986, in the of the Application of DANIEL T..AND LISA JE~OME under Appli- No. 3499; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its pre~ent zoning, and the surrounding areas; and WHEREAS, at said healing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. By this application, appellants request a special Exception to the Zoning Ordinance, Article III, Section lOO-30(B), sub-section [15] fdr permission to create an accessory apartment. in an existing principal dwelling structure in accordance with the requirements therein. 2. No additions to the existing structure are proposed or considered under this application for an accessory apartment. 3. The premises in question is located in the "A' Resi- dential and Agricultural Zoning District, containing a lot area of 30,580± sq. ft. with 177-ft. frontage along the north side of the Main Road (State Route 25), Southold. 4. The subject premises is presently improved with the following structures: (a) two-story frame dwelling set'back 54 feet from the front property line and having sideyards of 56 feet and 83± feet, and rearyard of 53± feet; (b) two accessory storage sheds located in the rearyard area; (c) temporary farm stand at eight feet from the front property line (which. ii'tO be removed), all as shown by survey dated September 4, DATED: CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 Appl. No. 3499 Matter of DANIEL AND LISA JEROME Decision Rendered July 31, 1986 1985 prepared by Roderick VanTuyl, P.C. Submitted for the record is a copy of a Certificate of Occupancy of Nonconforming Premises #Zl1499 dated February 24, 1983. 5. The existing dwelling presently contains a total floor area, as shown by sketch prepared by the applicant, of 2,000 sq. ft., with 1229 sq. ft. for the first floor and 771 sq. ft. for the second floor. It is the intention of the applicants to increase the first floor area to the minimum size Kgquired by sub-paragraph (c) of Section 100-30(B)[15] to a minimum of 1,600 SQ. ft. of live- able floor area. The accessory apartment shall in no event exceed 40% of the liveable floor area of the first floor and shall contain not less than 450 sq. ft. 6. It is noted for the record this premises is the subject of a prior action by the Board of Appeals rendered May 12, 1977 under Appeal No. 2277. In considering this application, the board finds and deter- mines that: (a) the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) the use will not adversely affect the safety, welfare, comfort, convenience or order of the. town; (c) the use is in harmony with and will promote the general purposes and intent of zoning. The board has also considered subsections [a] through [1] of Article XII, Section 100-121(C)[2] of the Zoning Code. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that a Special Exception for permission to create accessory apartment as provided in Article II!, Section lO0-30(B) [15] of the Zoning Code, applied in the Matter of DANIEL AND'LISA JEROME under Application No. 3499, 'BE AND HEREBY IS APPROVED SUBJECT TO MEETING'THE'REQUIREMENTS~OF SUB-SECTiONS (.~)'t~roU~ (p)~ as follows:' (a) The accessory apartment shall be located in the principal building; (b) The owner of the existing dwelling shall occupy one of the dwelling units as t_he owner's pn.incipal residence. The other. dwelling unit shall be leased for year-roupd occupancy, evidenced by a written lease for a term of one or more years; (c) The existing one-family dwelling Shall contain not less than sixteen-hundred [1600] square feet.~f liveable floor area; (d) The accessory apartment shall cOntain not less than four-hundred fifty (450). square feet of livable floor area; (e) The accessory apartment shall not exceed forty [40%] percent of liveable floor area of the existing dwelling unit; (f) A minimum of three provided; off-street parking spaces shall be (g) Not more than one [1] accessory apartment shall be permitted On this lot; (h) The accessory apartment shall meet the requirements of Page 3 Appl. No. 3499 Matter of DANIEL AND LISA JEROME- Decision Rendered July 31, 1986 a dwelling unit as defined in Section lO0-13 of the Zoning Code; (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appear- ance of a one-family dwelling; (j) All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation. (k) Certificate of Occupancy shall terminate upon the transfer of title by the owner, or upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from the date of said demise, whichever shall first occur; (1) All conversions subject to inspection and approval of the Building Inspector and renewal of Certificate of Occu~.ancy annually; (m) The building which is converted to permit an accessory apartment shall be in existence and have a valid certificate of occupancy issued prior to January l, 1984. (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold; (o) Notwithstanding the provisions of Section lO0-30(B) hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment; (p) Suffolk County Health Department water and sewage system approvals. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Doyen and Sawicki. (Member Grigonis was absent.) This resolu- tion was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN August ll, 1986 ~) .COUNTY OF SUFFOLK 1~ SOUTHOLD Real Properly Tox Service Agency ~ 075 ~OO~o R-80 BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter or the Petition of : to the Board of AppeaH, of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha,~h. ', i_% ~ention of tile undersigned to petition the Board to request a~ariance) (S~:ecial Exception) (Special Permit) (Other) nf[circleAppeals Ofchoice]the Town of Southold 2. That the property which is the subject of the Petition is located ad'~cent to , I property and is des- 3. '~hat the prpperty which is the subiect of such Petition. is located in the following zoning district: 4 'thai h,~ such Petition, the undersigned will request the following relief: ~IL~.~ ~ ,~-,%3'r~,,J ' ' ~, Thai the provisioKs of th~ 5outhold Town Zoning Cod~ applicable lo lh~ relief sought by Iht ~nder- signed ~re ~cle ~ ~Eon 100~%[ ~ [ ] Section 280-A, New Yor~ Town Law for approval of access over r~ght(s)-of-way.' 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed i~ the Southold Town Clerk's Office at Main Road, 5outhold, 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 8oard 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, 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: ' c~/t" ~~' .~ Pe t~ner ~ Owners ' Names: ~ m.~ Post Office Address ' ' . Tel. No. [~(~ )76¢-.qS~--o~. [Copy of sketch or plan purposes.] showing proposal to NAM~ PROOF OF MAll_lNG OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Z 760 489 Receipt for Certified Mail No Insurance Cover; Do not use for Inter (See Reverse) Sent to Certified Fee Z 760 4~ Receipt f( Certified No Insurance Do not use for (See Reverse) Z 760 .~. Receipt Certified No Insuranc~ ~,%-~, ~ Do not use f (See Revers~ Postage Certified Fee Special Delivery Fee Z 760 489 897 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Certified Fee STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~6 X ~ , ~ , , being duly sworn', deposes and says that on the t~ day of ,~'~ ' , 19 ~, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the abdve-named persons at the addresses se~ opposite their r~pective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curren~ assessment roll of the Town of Sou~hold; that said Notices were mailed at the United Stat~s Post Of- fi~ ~ ~~; ~ ~ ;that said Notices were mailed to each of said persons by ~~istered). mail.. / Sworn to ~for~ me this /~ " Notary Public MARY ANN CYBULSKI Notary Public, State of New Yod~ Residing in Suffolk County NO. 52-5895900 Commission Exl~ires April 30, (This side does not have to be completed on form transmitted to adjoining property owners.) STATE OF NE'~' YORK ) ) SS: COUNTY OF SUFFOLK ) ~of Mattituck, In mild County, being duly sworn, says that he/she la Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattltuck, In the Town of Southold, Courtly of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ~ weeks vely, comme/~c)~g on the ~ day of 4] 7:45 p.m. AppL No. 4270 - EILEEN building with a nonconforming use, and m O~ ~ Principal Clerk 28,710~ sq. ft. and contains the following Notal'y Public 8072 ITS22 t~ · 267 of the Town Law and th6 Code and the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, af the Southold Town Hall, 53095 Main Road, Southold-, New York 11971, on WEDNESDAY, OCTOBER 5, 1994, commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4255- ROBERT S. SEARLE. (Continuation of Hearing held August 11, 1994). This is a request for a Variance under Article III, Section..2; 100-32 of the Southold Town Zoning Ordinance? based upon the July 12, 1994 Notice of Disapproval from the Building Inspector, for permission to construct new single-family dwelling and deck at a reduced setback from the front property line along Private Road off East End Road, Fishers Island, NY; County Tax Map Pamel ID No. 1000-7-2-8. The sub- ject premises contains a total ;or area-of approximately 3.16 acres with frontage along two private roads, One :"°,ted at the north end and the other at the south end of [his pamel. The Zone District~.q ~s ,x-~0 Residential which r~- quires a minimum front yard setback of 60 feet. 2. 7:35.p.m. AppL No 4268- EDWARD AND EVELYN HALPERT. Variance from Article IHA, Section 100-30A.2C(1) (reft Section 100-31C(4-b) and 100-33C), based upon the Notice of Disapproval (as updated August 10, 1994) for permission to locate tennis court structure with 10 ft. high fencing with insufficient setbacks when located in the ~ffont yard, and with fencing exceeding the four-foot height restriction under Ar- Iticle XXIII, Section ~o 3 '--: i00a31A. Location of Pro-~/ pe[(y: 2125 Town Harbor ._~ILah'~ Southold, NY; Coun- ty Tax Map Parcel No. --1000:~6-1-31. 3. 7:40 p.m. Appl. No 4269- FREDERICK. RAYMES. Variance from Article ILIA, Section 100-30A.4 (inf. 100-33) h- ~_ ed upon the August 2, '4 Notice of Disapproval for approval of accessory shed · building, as exists in the nor- !~iherly side yard area~ Locaz ~ lion of Property: 704 Wig- gins Lane (with ~frontage along canal of Gull Pond In- let), Greenport, NY; County Tax Map Parcel No. 1000-354-19. The subjecJ/-~v premises contains a total 10t area of 14,316 sq. ft. (Setback of building when located in an area other than a permit- ted yard must be determined by the Board of Appeals). 4. 7:45 p.m. Appl. No. 4270- EILEEN FARRELL. Variance based upon the August 22, 1994 Notice of Disapproval from the Building Inspector wherein applicant requested a building permit to construct addition and alteration to a ' nonconforming building with a nonconforming use, and which permit was disap- proved under Article XXIV, .Section 100-243 of the Zon..~,.,i ~ng Code which does not permit enlargement reconstruction, structural alterations or movement unless the use of such building is changed to a con- forming use. The subject premises contains a total lot area of 28,710_+ sq. ft. and contains the following non- conformities: more than one single-family dwelling on a substandard lot; nonconfor- ming easterly side yard. The following expansion is pro- posed: new addition which will increase the floor area, and proposed deck addition. Location of Property: 760 id0 Great Peconic Bay./' Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-145-2-7; also shown on the Map of Dudley Park fil- ed September 17, 1928 as Lot 5. 7:5{~ p.m. Appl. No. 4271-. JEAN and LOUIS WALTERS, JR.. Variance based upon the September 13, 1994 Notice of Disap- , proval from the Building In- spector wherein applicants applied for a building permit for an accessory deck, as ex- tsts around swimmingpool structure, with an insuffi-. cient southerly side yard set- back. Location of Property: 16 1450 Boisseau Avenue,./' Southold, NY; County Tax Map Parcel No. 1000-55-6-22~ 6.1 8:00 p.m~ ~Appl. No. 4273 RUSS L'HOM- MEDIEU (as tenant and resident). Variance based upon the August 25, 1994 Notice of Disapproval from the Building Inspector wherein applicant applied for a building permit to alter .an existing one-family dwell- mg with an expanded home occupation carried on in an area exceeding 500 sq. ft. of floor area. The subject premises contains a lot area 4~c of 30,625_+ sq. ft. and is im-~~ proved with a single family dwelling, occupied by the ap- plicant's home office. Loca- tion of Property: 1450 Boisseau Avenue, Southold; NY; County Tax Map Parcel No. 1000-75-2-3.1. The Board of Appeals will at said time and plhce hear any and all persons or representatives desiring to be beard 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 rd/ request more information,' please do not hesitate to call 765-1809 or visit our office Dated: September 19; 1994 BY ORDER dE THE SOUTHOLD .TOWN · BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski 1X-9/22/94(10) ~.d~ ¢NOTIGEi),IS '~ EBY ,,, GIVEN that *pm ..... t to · r Section 276 oftheTown Law · and the Code of the Town of Southold, that the following matter will also be held for a public hearing by the Southold Town Board of Appeals at the Southold Town Hall, 53095 Main Road, Southold, New York, 11971, on WEDNESDAY, OCTOBER 5, 1994, com- mencing at the time specified below: 7. 8:05 p.m. App. No. 4272- THOMAS FABB. Variance based upon the August 1994 Notice of Disapprovai from the Building Inspector- wherein applicant applied for a building permit to replace more than 50% of existing dwelling, without an expansion, and which permit was disapproved under Arti- cle XXIV, Section 100-243B of the Zoning Code which does not permit enlarge- rural alterations or move- ment unless the use of such building is changed to a con- forming use. The subject premises contains a total lot area of 1.2± acres and con- tains the following noncon- formities: more than one/ single-family dwelling umt on substandard lot in this R-80 Residential Zone District. Location of Proper- ty: 1925 Naugles Drive, Mat- truck, NY; County Tax Map Parcel No. 1000-99-4-22. Tt~e'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 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: September 19, 1994 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By: Linda Kowalski COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of Ehe TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for / .............................. weeks successively, commencing -.~.~.'~7 ..... on the Sworn to before me on · ~ thi · --~.~-.day of ........... Notary Public BARBARA/k SCHNEIDER NOTARY PUBLIC, State of New York No. 480C~46 Qualified in Suffolk County Comrai~sion Expkea oo/~/,/~ SEP £ 3 LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of Ihe Town Law and the Code of the Town of Southold. that the fol- lowing public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, gouthold, New York 11971, on WEDNESDAY, OCTOBER 5, 1994, commencing at the time noted below} 6, 8:00 p.m. Appl. No. 4273 - RUGS. L'HOMMEDIEU (as tenant and residentk Variance ba~ed upon the August 25, Notice of Disapproval from the Building Inspector wherein applicant applied for building permit to alter an existing one-fam- ily dwelling with an expanded home oecu- pefion carded on in an area exceeding 5CO ~q. B. of floor area. The subject premiacs contain a lot area of 30,625± sq. fl. and is improved with a single family dwelling, occupied by applicant and his home office/occupation. Location of Property (aa corrected): 45125 Main Road. Southold. NY: County Tax Map Parcel No. 1000-75- 9-3.1 (Record Owner is Daniel Jerome). Dated: Septemher 21, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK ) ~of Multitnck, in said County, being duly sworn, ~ays that he/she ia 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 regularly published in said Newspaper once each week for..~$~___ weeks c.c ely, comme, cig on ,he day Notary Public Sw°rn t° ~f~re~e.~m_ia -~ dayof~ 19 "~'f COUNTY OF SUFFOLK STATE OF NEW YORK sS: LEGAL NOTICE 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, OCTOBER 5, 1994, commencing at the time noted below: 6. 8:00 p.m. Appl. No. 4273- RUSS L'HOM- MEDIEU (as tenant and resident). Variance based upon the August 25, 1994 Notice of Disapproval from the Building Inspector wherein applicant applied for a building permit to alter an existing one-family dwell- ing with an expanded home occupation carried on in an area exceeding 500 sq. ft. of floor area. The subject premises contains a lot area of 30,625-+ sq. ft. and is improved with a single fam- ly dwelling, occupied by ap- plicant and his home of- rice/occupation. Location of Property (as corrected): 45125 Main Road, Southoid, NY; County Tax Map Parcel No. 1000-75-2-3.1 ~Record Owner is Daniel Jerome). Dated: September 21, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER IX-9/29/94(80) Patricia Wood, being duly sworn, says that she is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for ............... ~ .............. weeks suc~s~vely, commencing on the Swor~ to before me on this · .. of .......... ...... . Notary Public BARBARA/l SCHNEIDER NOTARY PU[~/IC, Stale of New York No. 480684~ Qualified iD Suffolk Co~/ Commission Expires oo/3V?,~ It in the front yard, and with fencing exceed- /~ lng the four-ft, height restriction under ~/ ~ of Mattituck, in said County, being duly morn, says that he/she la Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattttuck, 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 regularly published in auld Newspaper once each week for_ / weeks  vely, commeffJfg on the ~ day of 19_7./~ Notary Public day of · JUDfI'H T. TERRY, TOWN CLERK RECEIPT Town of Southold Southold, New York 11971 Phope~: 516- 765 -1801 RECEIVED OF:--~ ~ ~ ~ [] CASH 52002