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HomeMy WebLinkAbout4334 tr ITA der., r r APPEALS BOARD MEMBERS ~O~~gUFFO(,~c0 ti Gy Southold Town Hall Gerard P. Goehringer, Chairman o° 53095 Main Road Serge Doyen, Jr. x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora ~1 * ~O Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS OF FACT AND DETERMINATION Appel No. 4334. ESTATE OF CLOTILDA OLIVER. Variance based upon the August 18, 1995 Notice of Disapproval from the Building Inspector, Article XXIV, Section 100-241 for permission to re-establish nonconforming retail sales use in this M-II Zone District. Location of Property: 64355 Main Road, Greenport; Parcel No. 1000-56-4-21. WHEREAS, after due notice, a public hearing was held on September 13, 1995, and at said hearing all those 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, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. DESCRIPTION OF VARIANCE: This is an appeal for a variance based upon a Notice of Disapproval rejecting a request to occupy an existing building, in reestablishing retail sales use on a parcel of land re-zoned Marine If on January 10, 1989. The reason for the Building Inspector's disapproval for occupancy for retail sales is that "...Section 100-241.G - retail liquor store has been discontinued for a period of more than two years. Action required by the Zoning Board of Appeals...." 2. CODE PROVISION APPEALED: Article XXIV, Section 100-241G of the zoning code reads as follows: ...Whenever a nonconforming use of a building or premises bas been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor Page 2 - Appeal No. 4334 Application of ESTATE OF C. OLIVER Decision Rendered September 13, 1995 shall have been granted by the Board of Appeals... . 3. USES PERMITTED IN M-II: In the Marine II Zone District, certain types of retail sales are permitted, such as nautical sales and sales related to marine, fishing, boating and similar water services. Uses such as restaurants, ferry terminals, transient hotels or motels, fish processing plants, fish markets, museums with a nautical them, and art galleries are also uses allowable upon Special Exception approval. 4. PERSONAL KNOWLEDGE: It is personal knowledge of Board Members that the building and premises have been utilized as the Will Creek Liquor Store' for at least 30 years. The property has remained virtually unchanged during this time period, and there is adequate land area open and available for on-site parking with preexisting egress and ingress from the Main Road. No information was received during the hearing that indicates there is any objection to the continued use or possible change in the layout of the property and its facilities. 5. EVIDENCE: Board Members agree after having visited the property which is nonconforming in size, and reviewing the testimony, that the record is complete and sufficient to grant a variance as stipulated under Section 100-241 to restore a dry store use of the premises rather than having other types of uses listed in the code for this M-II zone district. 6. STANDARDS: In considering the relief requested, the Board Members find and determine as follows: (a) the circumstances are uniquely related to the property as a preexisting improved site, with a preexisting established liquor store use which was not intentionally abandoned within the last year and was unused for the subject six-month period (beyond the two-year status) due to the passing of the owner and pending a settlement of an Estate distribution with attempts to sell the premises ; (b) the types of uses normally permitted and allowable in this M-II Marine Zoning District are more intensive and generally not complementary - examples being for a restaurant or boat repair would require a greater usage of parking and greater usage of water in this environmentally sensitive area; (c) other uses normally permitted and allowable in this M-II Marine Zoning District would require more acreage, or 80,000 sq. ft. per use - this parcel has consisted of a size of 20,500+- square feet, and prior to January 10, 1989 was zoned B-Light Business; { Page 3 - Appeal No. 4334 Application of ESTATE OF C. OLIVER Decision Rendered September 13, 1995 (d) the building is set back 45 feet from the line of highway along the Main Road and has side yards of 28 feet on the easterly side, and more than 35 feet on the opposite side - most of the lot surrounding the building has been and will continue to be available for parking and landscaping purposes. (e) the relief requested is not unreasonable when considering the character of the surrounding buildings, businesses and general neighborhood - to the east is 'Hollister's Restaurant;' to the west is a parcel (1000-56-4-20) used as a residence with business use related to storage of heavy equipment; to the south is a full-service restaurant and the State Highway; to the north is vacant land containing wetland grass areas and the Long Island Railroad. (f) the relief requested will not cause a substantial effect on available governmental facilities since the use which has existed for many than 30 years will continue as a retail "dry" use, rather than food-type services which are considered by the Health Department as "wet uses" and which are allowable in the M-II Zone; (g) for the reasons noted above, 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, and the benefit to the applicant is greater when weighed against the health, safety, and welfare of the community; (h) in considering all the above factors, the interests of justice will be served by granting a restoration of "dry" retail sales at the premises, via this variance application as provided by Section 100-241 of the Zoning Code and as further noted below. Accordingly, on motion by Member Dinizio, seconded by Chairman Goebringer, it was RESOLVED, to GRANT the relief requested under the provisions of Article XXIV, Section 100-241 of the Zoning Code for the re-establishment of use of existing building for 'retail dry sales' ("dry store") SUBJECT TO THE FOLLOWING CONDITIONS: 1. Dry retail sales shall not include activities which would require usage of more than 300 gallons of water per day; dry store or dry sales shall be defined as written by the Suffolk County Health Department classifications as those where the only water use is for employee-only sanitary disposal; 2. No wet store use shall be permitted and is classified as a use where additional water would be used for processes within the store or for employee and customer/client sanitary disposal, such as Page 4 - Appeal No. 4334 Application of ESTATE OF C. OLIVER Decision Rendered September 13, 1995 barber shops and hairdressers, food processing, or similar activities. NOTE: No changes to the property are required by the grant of this variance. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. Opposed: Members Tortora and Doyen for the reason that state-mandated standards for the grant of use variance(s) have not been sufficiently addressed. This resolution was duly adopted, 3-2. * s lk GERARD P. GOEHRINGER, CHAIR RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE ! O f3 Ig1S HOUR-3-5/ CJ~~ Town Clerk, Town of Southold A - ~ APPEALS BOARD MEMBERS ~~4~®SgFFDj,~00 G Southold Town Hall Gerard P. Goehringer, Chairman o~c 53095 Main Road Serge Doyen, Jr. a P.O. Box 1179 James Dinizio, Jr. ® 4rF Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town -Law and the Code of the Town of Southold, that the following public hearing will be held at a Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, SEPTEMBER 13, 1995 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4331 - DAVID AND CLAIRE AIR. Variances based upon the August 1, 1995 Notice of Disapproval issued by the Building Inspector under the Zoning Ordinance,. Articles XXIV, Section 100-241A and 100-243A, and XXIII, Section 100-239.4B, for a building permit to construct. structural alterations and increase floor area of principal building with nonconforming front yard and sideyard setbacks and with nonconforming use(s), and to construct deck additions, seaward of existing building setback line (within 75 feet of seawall) Location of Property: 2072 Village Lane, Orient; Parcel No. 1000-24-2-27. 2. 7:38 p.m. Appl. No. 4327 - ROBERT AND DENISE WHELAN. Variance based upon the July 31, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.4 (ref. 100-33), for a building permit to construct accessory building in an area other than the 1 Page 2 - Legal NoticeV Regular Meeting of September 13, 1995 Southold Town Board of Appeals required rear yard. The subject property contains an area of approx. 20,400 sq. ft. Location: 160 Bungalow Lane, Mattituck; Parcel ID #1000-123-2-2. 3. 7:43 p.m. Appl. No. 4326 - STANLEY and SHARON SWANSON. Variance based upon the August 5, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.3 for permission to exchange property (lot line adjustment) which will reduce the required total area of parcel 1000-141-2-21.5 (owned by Robert Hamilton) and increase the area of parcel 1000-141-2-15 (owned by Stanley and Sharon Swanson) by approx. 8,129 sq. ft. Property Location:, Southerly side of Horton Avenue, Mattituck; Also referred to as part of Lot #3 on the Minor Subdivision Map approved 4-12-93 by the Planning Board for Robert D. Hamilton. 4. 7:47 p.m. Appl. No. 4328 - ROBERT FEGER and THERESA TAYLOR. Special Exception under Article IIIA, Section 100-30B for an Accessory Bed and Breakfast Use in conjunction with the owner's existing single-family residence for the purpose of renting and serving of breakfast to a maximum of six (6) transients not more than three bedrooms (maximum). Location of Property: 5370 Nassau Point Road, Cutchogue, NY; Parcel No. 1000-111-8-19. 5. 7:50 p.m. Appl. No. 4330 - FLORENCE TILDEN. Variance based upon the July 26, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.3 for permission to construct garage addition Page 3 - Legal Notice Regular Meeting of September 13, 1995 Southold Town Board of Appeals to dwelling with an insufficient front yard and side yard setbacks. Location of Property: 3100 Deep- Hole Drive, Mattituck, NY; Parcel No. 1000-115-17-14. 6. 7:55 p.m_, Appl. No. 4329 - CHRISTOPHER MAUCERI. Variance based upon the July 24, 1995 Notice of Disapproval from the Building Inspector, Article XVIII, Section 100-181C(3) for permission to construct a single-family dwelling with insufficient front yard setback in this cluster development. Location of Property: 1455 Evergreen Drive, Cutchogue, NY; County Tax Map Parcel No. 102-1-4.4- 7. 8:00 p.m. Appl. No. 4332 - ARTHUR HAF. Variance based upon the August 6, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.4 (ref. 100-33C) for permission to construct detached, accessory garage in a frontyard area on this waterfront parcel w0ith reduced setback. Location of property: 1020 Strohson Road, Cutchogue, NY; Parcel No. 1000-103-10-25. 8. 8:05 P.m. Appl. No. 4334 - ESTATE OF CLOTILDA OLIVER. Variance based upon the August 18, 1995 Notice of Disapproval from the Building Inspector, Article XXIV, Section 100-241 for permission to re-establish nonconforming retail sales use in this M-II Zone District. Location of Property: 64355 Main Road, Greenport, NY; Parcel No. 1000-56-4-21. Page 4 - Legal Notice Regular Meeting of September 13, 1995 Southold Town Board of Appeals 9. 8:10 P.M. ,App!. No. 4333 GENEVIEVE S ; ALEY and FRANK PALUMBO, as Contract Vendee. Variance bsaed upon the August 16, 1995 Notice of Disapproval from the Buildinz InSnec:tnr_ Avtinlc VVTTT Page 4 - Legal Notice Regular Meeting of September 13, 1995 Southold Town Board of Appeals 9. 8:10 P.M. Appl. No. 4333 - GENEVIEVE STALEY and FRANK PALUMBO, as Contract Vendee. Variance bsaed upon the August 16, 1995 Notice of Disapproval from the Building Inspector, Article =11, Section 100-239.4A(1) for permission to construct a new dwelling within 100 feet of the top of the bluff or bank of the Long Island Sound. Location of Property: 3200 Sound Drive, Southold, NY; Parcel No. 1000-33-1-7. 10. 8:15 P.M. Appl. No. 4335 - HELE E BULGAS.IS and SUZANNE FONDILLER. Variance based upon the August 9, 1995 Notice of Disapproval from the Building Inspector, Article IILA, Section 100-30A.4 for permission to amend building permit for the construction of an as-built inground swimmingpool as an accessory structure in an area other than the required rear yard (instead of as an attached structure). Location of Property: 1575 Captain Kidd Drive, Mattituck, NY; Parcel No. 1000-106-05-17 & 18. 11. 8:20 p.m. Appl. No. 4317 - EDWIN and DONALD TONYES. (Carryover from July 12, 1995 for continuation). Property location: 55465 Main Road, Southold. HB Zone District. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matter. Written comments may also be submitted before or during this hearing. If you wish to review a file or need to request more information, please do Page 5 - Legal Notice Regular Meeting of September 13, 1998 Southold Town Board of appeals not hesitate to call 765-1809 or visit our office. Dated= September 1, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRiNGER CHAIRMAN By Linda Kowalski g x r ;x FORM NO. 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ..._.....r.........., 19. To G~7~/1?~G/!/ l..../ e • •C . `cj "7 °7 ~9/;7~~ PLEASE TAKE NOTICE that you ap lication dated -f ` . 19 Rj- for permit to 1fG......~ .~?l..d../~ at Location of Property ...~a. . CS•~G/s~ . House. No.Xy Street Hamlet County Tax Map No. 1000 Section S~.K7 Block Lot . P/......... . Subdivision Filed Map No. Lot No. is returned herewith and disapprovedd on tthee foldwir grounds ..4~ G ~1GL! C~!~i rSi~ dC~ P~1.~iII~CT1? i , r ~?'lf~...•~G?% G~~?' .may-~°..:~.~u..:~ ~ it ng Inspector RV 1/80 jOARO OF HEALTH FORMNO.1 3 SETS OF PLAWS. TOWN OP SOUTtiOLD SURVEY BUILDING DEPARTMENT_ CHECK TOWN HALL SEPTIC rORH . SOUTHOLD, N.Y. 11971 TEL.: 765-1802 r:oT.try ; G p .l.I~ '..J'~'........ . CALL ExaminedCl`.,....... ,19FIAIC TO: Approved 19 Pe,rn'i o........... . Disapproved. a/c j/fitf (Building Inspector) APPLICATION FOR BUILDING PERMIT AUG 1 6 1995 Date .'IJJ~.1..~.. 19 ~S. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Pee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or'areas, and giving a detailed description of layout of property must be drawn on tine diagram which is part of this appli- cation. c. 'File work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to tlae Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, build! gg code, housing code, and regulations, and to admit autinorized inspectors on premises and in building for necessary dnsp tides. J (Signature of applicant, or name, if acorn oi' ration) 'f: a kJ~C s~~ a-Kt ,W4- /-/aC~ I .?CL-/ ........r.ry.S z (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. P'l?m Name of owner of premises C(Cr'/LCt, . ~~f,Vr?i° • • • „ . , , , , . ; e „ (as on the tax roll or latest deed) If applicant is a corporation, Signature of duly authorized officer. (Name and title of corporate officer) Builder's License No . Plumber's License No . . Electrician's License No. Other Trade's License No. 1: Location of land on which proposed work will be !lone . . Ilouse Number Street Hamlet County Tax Map No. 1000 Section 47.3 kr ? 5(. `f aZl Block Lot 1......: . Subdivision Piled Map No . Lot (Name) 1 Stale exis(ing use and occupancy of premises and intended use and occupancy'of proposed construction`. REi 141 L ~ r QaU~ S/Jl~Sa.; an I. Existing use and occupancy • b. Intended use and occupancy (I~ . I-W Ml' 3. Nature of work (check which applic New Building Additio. Alteration . Repair Removal , Demolition Other Work (Description) 4. Estimated Cost Fee...:.................................. (to be paid on filing this application) S. If dwelling, number of dwelling units Nmilber of dwelling units oil each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use . 7. Dimensions of existing strictures, if any: Front Rear, Depth . Height ...............Number of Stories . Dimensions of shine structure with alterations or additions: Front Rear Depth .......................height ..........:........:.:Number of Stories Dimensions of entire new construction: Front : Rear Depth eight Number of Stories . 9. Size of lot: Front Rear Depth 10. Date of Purchase . Name of Former Owner 11. Zone or use district in which premises are situated . 12. Does proposed construction violate any zoning law, ordinance or regulation: , 13. Will lot be regraded Will excess till be removed from premises: Yes No 14. Name of Owner of premises Address Phone No. Name of Architect Address Phone No. Name of Contractor Address , Phone No..... . 1'5. is this property within 300 feet of a tidal wetland? *yes........ No.......,. *If yes, Southold Town Trustees Permit may. be required. PLOT DIAGRAM Locale clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. ;TATE OF NEW YORK, S.S ;OUNI-Y OF . v-ri.A~ L K . J . fl1l being duly sworn, deposes and says that lie is the applicant (Name of individual signing contract) 'bove named. teistile (Contractor, agent, corporate officer, etc.) ,I said owner or owners, and is duly authorized to perform or have performed the said work anti to make and file this pplicalion; that all statements contained in this application are true, to, the best of his knowiedge and belief; and that (lie Mork will be performed in the manner set forth in the application filed therewith. nvoin to before me this .........day of 19 !.5 loary Public, ounty _ ~~L INE M1 LI Notary Pub rk (Sig t re of applicant) No. 01M15016662 - Qualified in Suffolk County .Commission Exnires Anonst 16, 19 R ! C I V._ 1 0 g-l~t ~~S c~ ~ ya ~Ze FA-WIT A. M5 TOWN OF SOUTHOLD, NEW YORK sauthold Town Cl" 33 t,/ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ........k}l0.@Zrq.....A3xAex........................... of ......4Q, Wickham Avenue Nome of Appellant Street and Number Mattituck €1q5' a - q~ol N.Y: HERESY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED August 14, 1995 WHEREBY THE BUILDING INSPECTOR DENIED TO Pamela F. Barne Nome of Applicant for permit of 3430 Wickham Avenue Mattituck New York Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X) Permit to re-establish retail sales use in MII District 1. LOCATION OF THE PROPERTY ....64355„Main Road Green art MII Street /Hamlet Use District on Zoning Mop District 1000 Section 56 Block 4 Lot 21 Pamela F. Barrie _ ___._..._._..........::.Current owner y Map No. Lot No. Prior Owner Clotilda Oliver 2. PROVISION (5) OF THE ZONING ORDINANCE.APPEAL~D (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XXIV Section 100-241.G 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Low Chap,h62 Cons._ Laws Art. 16 Sec. 230A Subsection 3 4. PREVIOUS APPEAL A previous appeal X$(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeal was ( ) request for a special permit i i f ) request for a variance and was mode in. Appeal No .................................Dated ..................o.......... REASON FOR APPEAL ( ) A Variance to Section 230A Subsection 3 (X) A Variance to the Zoning Ordinance is requested for the reason that the retail sales usage became a non-conforming us'e''on ter'' .about May, 1995, and request is made to re-establish retail sale usage at the premrs,es., Yom ZBI (Continue on other side) REASON FOR APPEAL $ ¢re.` Continued 1. STRICT APPLICATION OF. THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the discontinuance of retail sales use was discontinued due to the death of Mrs. Oliver, the former owner, and attempts to re-open or sell the property have been severely hampered by the usage limitations imposed by the 1989 re-zoning the property to an MIT District. L L 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because this is a small parcel without water frontage whose adaptability to the uses permitted in the MIT District is-severely limitedi The existing building is better.suited to retail sales. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE EASTRICT because the property had been used continuously from 1966'to 19,93 for retail sales. Applicant's intention is to.utilize the property for retail sales of antiques or other similar business. STATE OF NEW YORK as . COUNTY OF SUFFOLK ) Signature j) Pamela F. Barney Sworn to this day of..... August 19 95 AS va?L A. %N'CKHA 1 r/~ t- , Notary Public, State of. Newyork Z / at y Plic No. 62-46&2871 Qua Iitfed in -Su foR county Commission EXPITes Seat 0. 19 N N ~ 5 I c~ o~r 4F Il W o o 0 ° m N W o LL LL U _ j \z LU v J a _ Q > s vI LL z w z. r z o a O 4 Q 0Q LIJ r m m j U) t 30 .v3 o d w ry m _0 ELI -Z 'V 0 ` Q s I{I e o -C H ~`j0 ',o I i z ~ia4j6 ~`m z I II i i ~ ~ I i j I ~ E I I I I I I I I' ~ I I I I I I f ; ml I I it it f 1 I I I I ~ i ' I I I I of S I I I t c ~I-o v. 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Collins y~0 a0~ ZBA Fax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 4, 1998 Richard Saetta General Contractor, Inc. 4 Bootleg Alley Greenport, NY 11944 Re: Your Letter dated August 7, 1998 (1000-56-4-21) Dear Mr. Saetta: The Board members reviewed your August 7, 1998 letter. Board Members confirmed that they felt the proposed use as a general contractor's business office was not in conflict with the "use variance" granted in 1995 for this property under Appl. No. 4334 (C. Oliver) as long as there is no outside storage of supplies or other items. Registered vehicles would also not appear to be in conflict. However, you should be aware that the Building Department may require additional permits and/or a new certificate of occupancy. Very truly yours, Gerard P. Goehringer Chairman cc: ZBA Members N N j Re: Coordination on the following business-zoned parcels with PB Empire Gas Station, Laurel (Amac or Ilgin folder names) Sent copies of calendar of hearings to PB, TB & BD on 10/24/95 (Hearing to be held 11/8 - was advertised two weeks before) Legal notice posted on Town Clerk Bulletin Board on 10/24 Sent PB copy of agenda with action taken noted on copy 11/9/95. No communications received from PB until 11/27/95. Oliver - Mill Creek Liquor Store Sent PB, TB and BD copies of legal notice same day it was sent to newspapers on 9/1; advertised on 9/6; posted on Town Clerk Bulletin Board. Sent copy of ZBA decision and cover letter dated 9/29/95 to PB. (copy attached) No communicatiosn received from PB until 11/27/95. Called Gail Wickham and explained recent PB 11/27 memo. for her information since she did not hear anything from PB or Building Dept. PLANNING BOARD MEMBERS gUFFO(,S 44O Town Hall, 53095 Main Road RICHARDRnan WARD h~O Gy- P.O. Box 1179 Chai o= Southold, New York 11971 GEORGE RITCHIE LATHAM, JR. Z Fax (516) 765-3136 BENNETT ORLOWSKI, JR. w WILLIAM J. CREMERS O Telephone (516) 765-1935 KENNETH L. EDWARDS 1~Jj01 ~a0~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD NOV 2 7 c~ TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Richard G. Ward, Chairman SUBJECT: Planning Board comments on ZBA applications DATE: November 21, 1995 In the past the Zoning Board has requested via memo comments from the Planning Board on pending applications before it. This practice seems to have been discontinued recently, Empire Gas Station, and a liquor store near Greenport are a few examples where site plans may be required, but there was no direct attempt to coordinate review between the two Boards. As a courtesy and in the spirit of cooperation and better customer service we would appreciate a memo from your Board when you receive an application that may require joint review, so that we can review the files and coordinate in a more timely fashion than is otherwise possible by reading your meeting agendas. Thank you for your consideration. ~OgUFFO(,~ _ • 0 APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman rr, . 53095 Main Road Serge Doyen, Jr. ~y ~ P.O. Box 1179 James Dinizio, Jr. '~Oj Wt- Southold. New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD REPLY MEMORANDUM TO: Richard G. Ward, Chairman. PB FROM: Jerry Goehringer, Chairman, ZBA DATE: November 27, 1995 SUBJECT: PB Chairman's Memo 11/21 (11/27) - Coordination Since our office has been very busy in "zoning appeals" for setbacks and basic requests, we want your staff to know they are welcome to come down to review the files any time once they receive our agenda. Their reviews have also seemed to discontinue within the last few months - probably because they are not interested in the basic setback and height variance requests for residential properties. It should be your department's judgment directly in choosing "matters of interest" without any restriction rather than someone else's judgment. This would, we agree, also be better service. Most of the Disapprovals upon which the appeals are based do not indicate whether or not site plan approvals are required. There have not been any applications for "splits" or "site plans" that we are aware of, and the Empire Gas Station is a new issue which involved lifting of one of the ZBA conditions in the interior of the building (not outside of the building). Since the applications for these areas have reduced dramatically, it is not expected that there will be a dramatic increase. Tbank you for your interest, and for your records, we will continue to provide our usual cover letter (with copies of the agenda and/or legal notice attached for your convenience and early review). It may be some time before the number of applications relative to splits or site plans will show an increase. COUNTY OF SUFFOLK OCT 2 5 cc ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE ---_~y DEPARTMENT OF PLANNING STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING October 20, 1995 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) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. A12nlicant(s) M mi jpa~ File_? Haf, Arthur 4332 ,/estate of Clotilda Oliver 4334 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:gcc A,FORMMSEMM28421,11 220 RABRO DRIVE ¦ P.O. BOX 6100 ¦ HAUPPAUGE. LONG ISLAND. NY 11788-0099 ¦ (816) 853-8192 FAX (516) 853-4044 o~~gpFFO( APPEALS BOARD MEMBERS , A\ o° Southold Town Hall Gerard P. Goehringer, Chairman C4 T 53095 Main Road Serge Doyen, Jr. y ~ ~ P.O. Box 1179 James Dinizio, Jr. ~Oj # ~a0 Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Ar``cle X1V of the Suffolk County Add n;strative Code, The Board of A=- eals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Ccsanission: XX Variance from the Zoning Cade, Article XXIV Section 100-241 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4334 Applicant:Estate of Clotilda Oliver Location of Affected Land: 64355 Main Road, Greenport, NY County Tax Map Item No.: 1000- 56-4-21 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Planz Within One Mile of an Airport Comments: Applicant is requesting permission to re-establish nnn-r.nnfo mina retail sales use in this M-II Zone District Copies of Town rile and related aocuments enciosea for your review. Dated: October 3, 1995 APPEALS BOARD MEMBERS ~0-~$UF Gy Southold'Ibwn Hall Gerard P. Goehringer, Chairman c 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Diniaio, Jr. O Southold, New York 11971 Robert A. Villa y~j~l ~a0~ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 29, 1995 Abigail A. Wickham, Esq. P.O. Box 1424 Mattituck, NY 11952 Re: Appl. No. 4334 - Clotilda Oliver Estate (Variance) Dear Ms. Wickham: Please find attached a copy of the Board's findings and determination rendered at our September 13, 1995 Regular Meeting concerning the above recent application. In the interim, (a) the Suffolk County Department of Planning may be forwarding correspondence to you or the owner since this project falls under their jurisdiction under the Administrative Code of Suffolk County. It is expected that the county will refer the matter back to the Board of Appeals concerning the relief sought rather than taking action for disapproval or approval. No further steps are required on your part since our office sends copies of this town file to the county directly. b) For convenience purposes, we have forwarded a copy of this determination to the Building Department and Planning Offices for their permanent records. Very truly yours, Enclosure Linda Kowalski cc: Office of the Building Department Office of the Planning Board Aff)tZA F-,80rne4 APPEALS BOARD MEMBERS ~gUFFO(,l c Southold Town Hall Gerard P. Goehringer, Chairman o y~ 53095 Main Road James Dinizio, Jr. W P.O. Box 1179 Lydia A. Tortora O .fie Southold, New York 11971 Lora S. Collins ZBA Fax (516) 765-9064 George Homing 1 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 4, 1998 Richard Saetta General Contractor, Inc. 4 Bootleg Alley Greenport, NY 11944 Re: Your Letter dated August 7, 1998 (1000-56-4-21) Dear Mr. Saetta: The Board members reviewed your August 7, 1998 letter. Board Members confirmed that they felt the proposed use as a general contractor's business office was not in conflict with the °use variance" granted in 1995 for this property under Appl. No. 4334 (C. Oliver) as long as there is no outside storage of supplies or other items. Registered vehicles would also not appear to be in conflict. However, you should be aware that the Building Department may require additional permits and/or a new certificate of occupancy. Very truly yours, Gerard P. Goehringer Chairman cc: ZBA Members WCHARD SAETTA ~cSS • GENERAL CONTRACTOR, INC. "THE FIRM THAT BUILT BUG LIGHT" 4 Bootleg Alley Greenport, New York 11944 (516) 477-1633 Fax(516)477-1979 Toll Free 1-800-439-1633 - c _ AM August 7 1998 yKC,/mz/,ems Zoning Board of Appeals Town of Southold PO Box 1179 Southold NY 11971 Dear Gerard Goehringer, Chairman: I am in the process of purchasing the property located at 64355 Main road Greenport; parcel # 1000-56-4-21 that is in the estate of Clotilda Oliver. I purchasing this property with the intent of moving my design and contracting business there, how ever there seems to be some question as to weather the zoning would permit this. I talked to the building department and they seems to think that it might be OK but where not really sure. I have been in business on the east end for 25 years 15 of witch have been in Greenport, I do not store material or broken down equipment also there are 3 trucks witch I plan to park behind a fence in back of the building. We are a design builders and half of the building will be used for office space and a drafting department and the balance will be for tool storage. The building has a commercial dry retail use and I would like to keep it if it is at all possible after all I do sell houses and hopefully they are dry. Inclosed please find all the information I have collected, and will be waiting for a favorable decision and if not perhaps a clear path to follow in making the appropriate changes necessary for me to occupy the building. Thank you for the urgent assistance in this matter. Sincerely, Richard Saetta Ell Leo C? G~ti ~i4 o(oc. ~ ~-/3 -9s 196 ® U APPEALS BOARD MEMBERS OgUFFO(f C Southold Town Hall Gerard P. Goehringer, Chairman o° 53095 Main Road Serge Doyen, Jr. H x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS OF FACT AND DETERMINATION Appeal No. 4334 ESTA3'E OF CLOTILDA OLIVER. Variance based upon the August 18, 1995 Notice of Disapproval from the Building Inspector, Article XXIV, Section 100-241 for permission to re-establish nonconforming retail sales use in this M-II Zone District. Location of Property: 64355 Main Road, Greenport; Parcel No. 1000-56-4-21.- WHEREAS, after due notice, a public hearing was held on September 13, 1995, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerns this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board [Wade the following findings of fact: 1. DESCRIPTION OF VARIANCE: This is an appeal for a variance based upon a Notice of Disapproval rejecting a request to occupy an existing building, in reestablishing retail sales use on a parcel of land re-zoned Marine II on January 10, 1989. The reason for the Building Inspector's disapproval for occupancy for retail sales is that "...Section 100-241.G - retail liquor store has been discontinued for a period of more than two years. Action required by the Zoning Board of Appeals...." 2. CODE PROVISION APPEALED: Article XXIV, Section 100-241G of the zoning code reads as follows: ...Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless bL variance therefor 'Page 2 - Appeal No 4334 Application of ESTATE OF C. OLIVER Decision Rendered September 13, 1995 shall have been granted by the Board of Appeals... . 3. USES PERMITTED IN M-II: In the Marine II Zone District, certain types of retail sales are permitted, such as nautical sales and sales related to marine, fishing, boating and similar water services. Uses such as restaurants, ferry terminals, transient hotels or motels, fish processing plants, fish markets, museums with a nautical them, and art galleries are also uses allowable upon Special Exception approval. 4. PERSONAL KNOWLEDGE: It is personal knowledge of Board Members that the building and premises have been utilized as the 'Mill Creek Liquor Store' for at least 30 years. The property has remained virtually unchanged during this time period, and there is adequate land area open and available for on-site parking with preexisting egress and ingress from the Main Road. No information was received during the hearing that indicates there is any objection to the continued use or possible change in the layout of the property and its facilities. 5. EVIDENCE: Board Members agree after having visited the property which is nonconforming in size, and reviewing the testimony, that the record is complete and sufficient to grant a variance as stipulated under Section 100-241 to restore a dry store use of the premises rather than having other types of uses listed in the code for this M-II zone district. 6. STANDARDS: In considering the relief requested, the Board Members find and determine as follows: (a) the circumstances are uniquely related to the property as a preexisting improved site, with a preexisting established liquor store use which was not intentionally abandoned within the last year and was unused for the subject six-month period (beyond the two-year status) due to the passing of the owner and pending a settlement of an Estate distribution with attempts to sell the premises; (b) the types of uses normally permitted and allowable in this M-II Marine Zoning District are more intensive and generally not complementary - examples being for a restaurant or boat repair would require a greater usage of parking and greater usage of water in this environmentally sensitive area; (c) other uses normally permitted and allowable in this M-II Marine Zoning District would require more acr;>.age, or 80,000 sq. ft. per use - this parcel has consisted of a size of 20,500+- square feet, and prior to January 10, 1989 was zoned B-Light Business; Page 3 - Appeal NL 4334 Application of ESTATE OF C. OLIVER Decision Rendered September 13, 1995 (d) the building is set back 45 feet frum the line of highway along the Main Road and has side yards of 28 feet on the easterly side, and more than 35 feet on the opposite side - most of the lot surrounding the building has been and will continue to be available for parking and landscaping purposes. (e) the relief requested is not unreasonable when considering the character of the surrounding buildings, businesses and general neighborhood - to the east is 'Hollister's Restaurant;' to the west is a parcel (1000-56-4-20) used as a residence with business use related to storage of heavy equipment; to the south is a full-service restaurant and the State Highway; to the north is vacant land containing wetland grass areas and the Long Island Railroad. (f) the relief requested will not cause a substantial effect on available governmental facilities since the use which has eidsted for many than 30 years will continue as a retail "dry" use, rather than food-type services which are considered by the Health Department as "wet uses" and which are allowable in the M-II Zone; (g) for the reasons noted above, 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, and the benefit to the applicant is greater when weighed against the health, safety, and welfare of the community; (h) in considering all the above factors, the interests of justice will be served by granting a restoration of "dry" retail sales at the premises, via this variance application as provided by Section 100-241 of the Zoning Code and as further noted below. Accordingly, on motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief requested under the provisions of Article XXIV, Section 100-241 of the Zoning Code for the re-establishment of use of eidsting building for 'retail dry sales' ("dry store") SUBJECT TO THE FOLLOWING CONDITIONS: 1. Dry retail sales shall not include activities which would require usage of more than 300 gallons of water per day; dry store or dry sales shall be defined as written by the Suffolk County Health Department classifications as those where the only water use is for employee-only sanitary disposal; 2. No wet store use shall be permitted and is classified as a use where additional water would be used for processes within the store or for employee and customer/client sanitary disposal, such as page 4 - Appeal Nu. 4334 Application of ESTATE OF C. OLIVER Decision Rendered September 13, 1995 barber shops and hairdressers, food processing, or similar activities. NOTE: No changes to the property are required by the grant of this variance. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. Opposed: Members Tortora and Doyen for the reason that state-mandated standards for the grant of use variance(s) have not been sufficiently addressed. This resolution was duly adopted, 3-2. s s ik i ~ GERARD P. GOEHRINGER, CHAI RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE HOUR ~3 Town Clerk, Town of Southold x/27/1998 14:41 5162985221 ALEX BOUKAS PAGE 01. ogre. 211. Wet ~Y ra N.7 JP 'i ss' p o ° o ti r ~ V V i $ ?r aa4 r N h . st b , ° h i. ? N 53 lsSuN!R ,t ire X0^17 MA r N s ' MAP 4F-•~lr4PE~TY ` " sWC.ViY o woe FRANK Q1,/VEFZ A A2 SKA M ms4oews" zTorwv GF so t oc. , M. Y, » i Guava.wr~acl to iN~ (ti?~.C.aunT~ ~•.''.?J~, / ,m l5 So' N the Nov~M Ports ~1nk t T+tu+~' C W q ~ p17YfTlfd~' ! VAN ?Y4.444111 r I tdcev~aa~m/~l..vnd Sarver, -,r~' M44pt 160 u-i •?8+7/27/1998 14:41 5162985221 ALEX BOUKAS FORM NO. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLT.RWS OFFICE 9UG SOUTHOLD. N. Y. CERTIFICATE OF OCCUPANCY No. Z2420..... Date May.... 1E.6E. THIS CERTIFIES that the b iilding located at ..NHS Xain.Ro.ad. , • Street "ap'No. ? , , Blocl N0. 17 Lot• No.- X4.... South old % • Ir., Y......... , conforms substantially to the Application for Building Permit heretofore filed in this cffioe dated .falls 6, 1966.. pursuant to which Building Permit No. 2975. Z.. Rated ..............PEI ..7...., 19.66., was issued, and conforms to all of the regaire- ;ments of the applicable provisions of the law. The occupancy for which this certificate N A,issued is Business. building.. n. store..... . ^Tbe certificate is issued to ..IrTW k..011:Yer . 0vmer........ , (owner, lessee or tenant) of the aforesaid building. p~ Suffolk County Department of Health Approval , . May... .1966..... .By..R.. Yi11.~ . w~...... Bung Inspec or 1 1 ` , 87/27/1998 14:41 5162985221 ALEX BOUKAS F ut .,63 30"OLK CCWY DSPARTl = CF HEALTH Riverheads Now York TYPE CR PRW MI= IN INK Building Permit No. 9 g` 7, -S- ,-S" .g. Health Department Plan No. , AlaplicatiM for Avoroval of _Commercial Sswaao Disposal systam3 TOr The Suffolk County Department,of Health Date d 6 Application for approval of commercial swage disposal system is hereby requested. Locations -1 ~of ~d /YoieY Csg SS 1 o/~1 i9n/V. (Name and aids street'.- mums and distanodrtG aeuart intersecting street: w Noms 1191,11 'Oor 't Harslet Town Id fY, c Village I hereby certify that this commercial sewage disposal system has boon cono strueted in aecordaneo with plans approved by the Suffolk County Department of Health on (date) and with all the requirements of the latest bulletins an eewege disposal the folk County Dopartment of Health. ' Applicant r s Signature ~~,e. 9 • 1.~ Title (Builder Ouner Addrsss L22=, Te1.No. IN,-*7 A 9 8 Ready for inspection . . . . . . . . . . . r . . . . . . . . FM- Z U1411 -.EVA2M Inspected by 'VK-r.' Date Installationdiatlofa6tor7 _ Yes : No Based on tho Alit rmaticn stated hereon by the applicant and other informatl.on made availableg it it the opinions of this Department that this system with proper maintasanoe can`bs''"ated to function satisfactorily and is not likely to Gauls a nuisanosr prbvided d9migned,segage flow is not exceeded. Structural teatut are not included. Date ~MAY 2 a 196'6' as/~~°tsict GeEnasneUar SC®«6 N(yTK'RSY~-... SIAIE OF NEW YORK) V / IF NDTX761S~ REBY G / -'7w"" ro 3an" 267 ereG ~ COUNTY OF SUFFOIX~: 1.nd lNe code of the horn ME6rkygL ° ' vwll'beU a " MBA` of MalUtuck, Pier Meeting of the late of toy SOUrIIOLD TOWN BOARD OF . P ~ ID said County, bring tidy swoly, says that he/she Is 000'96LFAPPEALS• a she SaaMld 7bwn MAIL 3nelno 0~Be553M Road. Met Bas YId, New York Principal Clerk of THE SUFFOLK TIMES, a Weekly 4 pw'f e-1,3=t; lprsmmmwr jryaR ypg '(Y 1. Newspaper, published at Mattitock, in the Town of irpr1 32 J JIM Appl IR. 3 4331 _ Southold, County of Suffolk and State of New York, D .m. . miss" UeAI DAVID W CLAlREA1R. Tkrlencm and that the Notice of which the annexed Is a us dll!4d M d band up" On Augat 1. 1995 N.J. printed copy, has been regularly published In said POP a inaemd by she BWkeng t'IN'Il'e-9 Zar Ms Jwlh smp, Newspaper once each week for weeks Iul yuelO u l zaA Bind E"M M1441Arran y, CommypcIng on the day of wopleO A:r,M243 Nw.u,.~ s ceas vet gl ( tercel*"kmml oIJdd8jmnl'_'t W -r 1 S-9Z-0OOl) Ircmue Rows O(wincl 1 H ell^P ildrt non"Mcnelry Ices yerdMred 1-1-5r ~ rM to and was --,on- I~NU11[l UIL IAR.BLKl 'nc worth Intl >1!"llnl '1JwckA eawad or Masti cootry p~~nk I uolutl aedeck B" e(wiW"73aelofsgwed) _ CHRISTINA VOLINSKI Lweuod of PMPeety: 2072 Mile I~ 1 N ery public, State of New York Principal Clerk lwetkq AacelA,;I0*24.2 ' No. 6004894 2770 :38 Pm. Appl NO. 9327 - no in Suffolk County S~~Gy~L..I IwV I `~~iL/MN 7tGa6RT and Dailgg O1'NELAN I~ Commission n Expires November 23, T Notate bred Ton tin laly 31 1993 I I r.~ ' ' I,, Notice of gsappmnil .from the I, s1LY BuilMng Inepcelor, Anlcle ILIA, I Notary Public Seerion 1014300,4 (rt[:100.1D), roe e ~ hlldin permit to tmbml accts II buildms inn lycon am other shut the nxi.ind rtn yeti. The "JIM, pr"ppr- Sworn to before lmle,,th'is /F~ O cnlehu n w0or apFros. 20.400 day of 5I~ 1906 Lost 3 r"" . 7:e M m dnilwn of Nopm73100 Deep Hok. Drive, Masiteck. NY; ira-'7tt Nd: 1600.115-17-14. 6. 7yS P.M. AppL.Nq. 4329 - CHRISTOPHER MAUCERI. Verisaw band up o tie it y-24.1995 Notice of Dleppmwl hem: the Bedhil"g between. Article XVIII, Section 10a181C(3) for Porous. to centered • tingle-feMly dweni"g with forefront ham ynd tebe le in title clvete tlerelopmem. `LOCetlon of Progeny;, use Evergrae" Delve. Comhotee. NY; County Ls Mep Pem1 N. 102-14.4. 7. 8:03 P.M Appl. No. 4332 - ARTHUR RAF. Nome bored upon the Aug"n-6, 1995 NMI" of gs4Ppmval -fmm the Building lmpenw, Mtleie Ill„ Section. 100. 30A.4 (Mr. 100.330) ro, per storks to carvuuot deeched, acc sizenere in a aomyee! nn n use, weserdon -1 with reduced selhek'. L"cetion of proposer- 1020 Strohmn Boxed. Cutchogoe, NY; Parcel N. 1000.103. 10.25. ' . `s. 8:03 p.m. AppU N. 43M ESTATE OF CLOTILDA OLIVER. VarLna bawd vPW tie Across I8. 1995 Notice of DusRsO MI hum the Building ImPmlm. Ankle XXN, Sectics100.241 rot permhelon to rt- atafHD(lincndoolm.,ea~l ulej s~ f'n tl`1s~.1-'h`fane 11amn`IaW en. ;Or. Aoperi 64335:-MUb'.'Read, Gmnpprt. NY; Passed NW 1p00.S6 .2I. _ - 9 11 10 pm Appl: N: 4333 - GENEVIEVE STALEY_ yasd FRANK!PALVAfBO; .,,&M. - Ventre.' Va usse, based upen'.Ihe Aognw 16: 1995 NMhx,,Dbappuyl hoes the ROSS, I.MesM.. Article XX^I. sectln 100.239AA(O her pe- coeiow m tornbixa • new divides within IOOrev olaeapefebebluam -bank of,tie'Iniq'-'j,i hd Soued. . LOced It of Jhoperjyy 3200 Sound Odve.1cod k NV) Pueel N..' judo. 33-1-7. 10;8:15 P.M. AppC No. 4335 - BELKNE BULGARIS and SUZANNE FONDILLER. Veriame bed upon the Augmt 9.1995 NMI. oL Diummvsa fmm the BWMIng Impeeroc Article MA, Semi. I^0. 30A.4 for Pessniwion. to m n i bcdW Jet Peon t fer tiewcesmtednoru a_ bsaN ingmued sMmndnrpoed a n - acxsery etruene In an em other se" tie required mar Yard (Ineed a( a n amdlsd emetvrt):'IAUtlmt a recently: Meeldlec . NY; 1lr~ed No I x_I 6 05-17 A 18. - IL 8:20 P.M. AppL No. 4317 - EDWIN wed DONALD TONVES. (Ce Mwrfromlay 1; ices to. 6noedcrd. PmPaty loosed. 55465 Main Road. Southold.. HS Z. Dinner. Ti. Bess el of APFwis will a wld dote and placelso-sey end sal peen, w mixescnetlvce deiriry to be head s t e above mn"ew Wrenn cesen es, ney.Im 1y wbmited before or derin8 . this hearing. If yon wish to mrfew e Ole or need Its request more idrusms- I I'm, Please 60 not herleu to exit 765- 'B09wrbit coroRke, Dried: Scptenbe 1, 1995. BY ORDER OF THE SOUMOLD TOWN BOARD OFAPPEAIS GERARD P. GOEHRINGER CHAIRMAN By Lille Kowal•e` 806]-1757 • APPEALS BOARD MEMBERS o~~gpFFO~,~co hy. Gy Southold Town Hall Gerard P. Goehringer, Chairman co 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y?j~l ~aO~ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Sept. 13, 1995 SEQRA UNLISTED ACTION DECLARATION Appeal No. 4334 Project Name: Estate of Clotilda Oliver County Tax Map No. 1000- 56-4-21 Location of Project: 64355 Main Road, Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Re-establish retail sales use in the MII District This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article -8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. k(XX} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings: (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. me APPEALS BOARD MEMBERS ~o~~gUFfO(~ co Gy Southold Town Hall Gerard P. Goehringer, Chairman c < 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Sept. 13, 1995 SEQRA UNLISTED ACTION DECLARATION Appeal No. 4334 Project Name: Estate of Clotilda Oliver County Tax Map No. 1000- 56-4-21 Location of Project: 64355 Main Road, Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Re-establish retail sales use in the MII District This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. W) this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. ( ) this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume Lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. me O~~gOFFO(,~~, • JUDITH T. TERRY Town Hall, 63095 Main Road TOWN CLERK H P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Gy Fax (516) 765-1823 MARRIAGE OFFICER '~aO Telephone (616) 765-1500 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: August 21, 1995 RE: Zoning Appeals Appl. No. 4334 - PAMELA F. BARNEY Transmitted herewith is Zoning Appeal Appl. No. 4334 - PAMELA F. BARNEY together with a letter from Wickham, Wickham E Bressler dated August 18, 1995, the Notices to Adjacent Property Owners, the Short Environmental Assessment Form, the Zoning Board of Appeal's Questionnaire, the property map, the Notice of Disapproval from the Building Department, the Application for Building Permit, a copy of the Tax Map, a copy of a letter from Pamel Barney dated August 14, 1995, a copy of the Bond in Support of Application for License of Permit under the New York Alcoholic Beverage Control Law, a copy of the New York State LiquorAuthority License. Judith T. Terry Southold Town Clerk • i LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE ERIC J. BRESSLER ABIGAIL A. WICKHAM 516-298-5300 516-298-8353 TELEFAX NO. 516-298-2012 LYNNE M. GORDON TELEFAX NO. 516-298-8565 JOSEPH C. SAVING HUBERT F. SULLIVAN JANET GEASA JEFFREY STARR August 18, 1995 Town of Southold Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Pamela F. Barney 1000-56-4-21-Re-establish non-conforming retail sales. Gentlemen: Enclosed are the following documents regarding the above application: 1. Application. 2. Notice to Adjoining Property Owners. Proof of mailing to follow. i 3. Short form Environmental Assessment form. 4. Original and 6 prints of survey showing all existing structures. 5. Filing fee in the sum of $400.00, to the order of the Town of Southold. 6. Notice of Disapproval from the Building Department. t" Since the applicant is a part-owner of the adjoining property, 1000-56-4-24, notices have been sent to all owners adjoining that property as well. If you require any further information, please advise. Thank you. Very truly yours, bi dc4 `'mom 'Abi~il A. W ckham AAW:mh encl. 30-shtnboa ! • APPEALS BOARD MEMBERS gUFFO(,~COG Southold Town Hall Gerard P. Goehringer, Chairman o y1 53095 Main Road Serge Doyen, Jr. w x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 5, 1995 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. P.O. Box 1424 Mattituck, NY 11952 Re: Appl. No. 4334 - Estate of Clotilda Oliver Dear Gail: Attached please find a copy of the Legal Notice published by our office for the above-noted public hearing to be held on Wednesday night, September 13, 1995 at the Southold Town Hall. At this time we ask that the enclosed "Notice" be posted at the subject premises in a conspicuous place (facing the road on the front of the building, on a stake or a tree) where it can be easily seen by passersby. After it has been posted for five days, please return the enclosed confirmation to us by mail or you may submit it during the hearing. Thank you. Very truly yours, Linda Kowalski Enclosures 0 0 APPEALS BOARD MEMBERS o~~gUFFO(~C ht. GGy Southold Town Hall Gerard P. Goehringer, Chairman c 1 53095 Main Road Serge Doyen, Jr. ca x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS:TOWN OF SOUTHOLD ------------------------------------x In the Matter of the Application of ESTATE OF CLOTILDA OLIVER -------------------------------------x CONFIRMATION OF POSTING I, residing at , being duly sworn, depose and say: That on the day of September, 1995, 1 personally posted the property known as "54355 Main Road, Greenport, NY" by placing the Town's official poster Notice on the front of the building where it can be easily seen, and that the poster has remained in place five days prior to the date of the public hearing (date of hearing noted thereon to be held September 13, 1995.) Dated: September 1995. (signature) Page 4 - Appeal *4334 is Application of ESTATE OF C. OLIVER Decision Rendered September 13, 1995 barber shops and hairdressers, food processing, or similar activities. NOTE: No changes to the property are required by the grant of this variance. Vote of the Board: Ayes: Messrs. Goehringcr, Dinizio and Villa. Opposed: Members Tortora and Doyen for the reason that state-mandated standards for the grant of use variance(s) have not been sufficiently addressed. This resolution was duly adopted, 3-2. s s s G A D P. GOEH INGER, CHAIRMAN APPEALS BOARD MEMBERS ~o~~gUFFO~,f Co ti Gy Southold Town Hall Gerard P. Goehringer, Chairman o° 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. O .tc Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD czl~ ABATELLI REALTY 718 - 352-9000 24-55 Francis Lewis Boulevard, Flushing, New York 11357 FAX: 718 - 352-7294 Main Road, Cutchogue, Long Island, NY 11935 516 - 734-6000 FAX: 516 - 734-6028 3-&-95- Ntvvn -Qom"`"` (G,~~ 3 - 3 /-qS UVY11 d 2RzL ~.Ckf:) ~-/41_95' • NEW YORK STATE r STATE FILE NUMBER RECORDED DISTRICT DEPARTMENT OF HEALTH 5155 CERTIFICATE RE 426 GISTER NUMBER OF DEATH L 1. NAME: FIRST ..LL MIDDLE EAST 111 2. SEX: U. DATE OF DEATH: 13B. HOUR: i (J' ILL YN D. ~`IQ(: ~ e[ MA 1 FEMKE MI ITN InY YEAR 11:06 A m RESIDENCE µ PUCE 1OF DEATH: HOSPITAL HOSPITAL HOSPITAL NUR-SING PRIVATE OTHER (SooFily) AN IF FACILITY, G^' 1 (Lheckmly--) DOA ER OUTPATIENT INPATIENT HOME RESIDENCE DATE ADMITTED: M TH AY EnR El I El 2 ? 3 29 A El 1-1 09 O 93 AC. NAME OF FACILITY: (II nCT laCNify give address) 140. LOCALITY: (Check one nd apecly) I AE. COUNTY OF DEATH: NCHS CITY OF VILLAGE OF TOWNOF e&V~T-jAL SK FI=o~IC I~~n'ecAt ? ? [ag Riverhead I Suffolk 4F. MEDICAL RECORD NO. I AG. WAS DECEDENT TRANSFERRED FROM ANOTHER INSTITUTION? (fl yoS. specify iotthf,l come, city o" lows. coomy ano stale/ NO YES 4C 159269 p TEAR, NAME OF 5. GATE OF BIRTH: 6. AGE: IF UNDER I YEAR IF UNDER 1 DAY 7A. CITY AND STATE OF BIRTH: (Country 70. IF AGE UNDERB I 1 RTH: ' ' ' i/ref US.A) ' HOSPITAL OF MONTH WY TEAR nv an ' Awn .wlaal 443 Oct 25 1918 75,N.~ Greenport, NY 8. SERVED IN U.S. ARMED FORCES? 9. RACE: (Black "At. Oto) 10. HISPANIC ORIGIN? (ll M. ap=W n. DECEDENTS EDUCATION (Spent' only hghesl grata ComPtew) NO YES (Specify years` NO YES TA ®0 ? I White ~ 1:1 FlemamarylFwtaaary (6121 12 CNIrye UA V 5 • I 12. SOCIAL SECURITY NUMBER: J. MARTIAL NEVER MARRIED OR IA. SURVIVING SPOUSE: Id wile. prance Malden ruow) STATUS: MARRIED SEPARATED WIDOWED DNORCED 7S 094-12-3836 ?2 gg, 15A. USUAL OCCUPATION: (Oa not ewer retired/ 1158. KIND OF BUSINESS OR INDUSTRY: I ISL. NAME AND LOCALITY OF COMPANY OR FIRM: Proprietor Retail Sales Mill Qeek Stxe, Sathold, NY g IS0. RESIDENCE. STATE: 1168. COUNTY: 1160. LOCALITY: (Check o; and spaay) , W. IF CITY OR VILLAGE. IS CITY pF VILLAGE OF TOWN OF RESIDENCE WITHIN CITYAR New York . Suffolk 1 ? p Ll9 Southold VILLAGE LIMITS?OYES O IF NO, SPECIFY TOWN: 160. STREET AND NUMBER OF RESIDENCE: 116E. PP CODE: I ID Wickham Avenue, Mattituck ~ 11952 Southold 17. NAME OF FIRST MI EAST I6. MAIDEN NAME FIRST MI EAST FATHER: OF MOTHER: sI Joseph A. LaColla Charlotte Larson 19A. NAME OF INFORMANT: 119B. MAILING ADDRESS. (InGUW [Ip code) 25 Pamela F. Barne :3430 Wickham Ave,, Mattituck, NY 11952 20A. BURIAL CREMATION, REMOVAL MONTH DAY YEAR ' OP ACE D BURIIPONQEMATION. REMOVAL OR I zoc. LOCATION: (Ciy or Onto a RON&) OR OTHER DISPOSITION: (Speciy) I Burial 11 17 93 ' St. Agnes Cemetery ' Green1art, NY 30 • 21A. NAME AND ADDRESS OF FUNERAL HOME: 218. REGISTRATION NUMBER: DeFriest Funeral Homes, Inc. Main Rd., Mattituck, NY 00500 22A NAME OF FUNERAL DIRECTOR: 1228. SIG TURE OF Fl1 ERAL DIRECTOR: 22.C. REGISTRATION NUMBER: 31 D id E. DeFriest ? f• 01228 I23. GATE 2M. BURIAL OR REMOVAL PERMIT ISSUED BV: 2 148. DATE 250. IGN T RE OF REGIST B Fll D: MONTH WY YEAR WEED: 1246. DAMONTH DAY YEAR 31B 11 15 93 Barbara Grattan 11115193 ITEMS 2S - 33 COMPLETED BY CERTIFYING PHYSICIAN -OR- ITEMS 25 - 33 COMPLETED BY CORONER OR MEDICAL EXAMINER OR 2SA. TO THE BEST OF MY KNOWLEDGE. DEATH OCCURRED AT THE TIME, DATE 250. ON THE BASIS OF INVESTIGATION AND SUCH EXAMINATIONS. CI CORONER AND PLACE AND DUE TO THE CAUSES STATED. AS 1 FELT NECESSARY, IN MY OPINION DEATH OCCURRED AT THE SIGNATURE: MONTH DAY YEAR TIME, DATE AND PEACE AND DUE TO THE CAUSES STATED. CORONER S 11 /Y - SIGNATURE MEDICAL OS , v ? _ 11 '1S ANDTITLE: ? DANINER 25B. THE PHYSICIAN ATTENDED THE D EASED , 25C. EAST SEEN ALIVE: 258. PRONOUNCED DEAD 1256. HOUR: 125D. DATE SIGNED: MONTH DAY YEA1R1 MONTH MY YEM1 MOUTH DAY YEAR MONTH DAY YEAR I I MONTH DAY YEAR (=D FROM J TO l1 'L~ l M5 I i l 1~ ~J ON I OR I 250. NAME OF ATTENDING PHYSIOMN: 25E. SIGNATURE OF CORONER OR CONONER'S PHYSICIAN. IF OTHER THAN CERTIFIER: kV\1C1Aa ~e~1 S MI> CANCER M. ATTENDING PHYSIAAN LICENSE NUMBER I Cn-O 2-4 LICENSE 3SF. E UMBER 26. NAME AND ADDRESS OF Cg U R WHO SGNED 250. I ~L O oIE Cam. d Z~Jr~ZI~ n~ 11~0 27. IMNNER OF DEATH: UND CUED PENDING 29. WAS CASE REFERRED TO 2TA AUTOPSY' 129B.IF YES. WE RE FINDINGS USED NATURAL CAUSE ACCIDENT HOMICIDE SUICIDE CIRCUMSTANCES INVESTIGATION CORONER OR MEDIAL EXAMINER? U YES 1 TO DETERMINE CAUSE OF DEATH? ? 2 ? 2 ? • ? 5 ? 6 ? 0 NO ? 1 YES ? 0 ? ? 6 NO ? I YES I HEREBY solemnly attest that this is a true Transcript from the Public Register of Death as kept in the Riverhead erkIs Office, county of Suffolk, State of New York. Registrar of Vital S lstics 200 Howeil Avenue Riverhead, NY 11901 Dated at Riverhead, New York The /~/~-/L day of 199J I Harrel M cks Studio • PHONE 110. : 516 352 4735 • Feb. 27 1995 04:10PM P02 ]3AMMERNARK LTV.32 Rose Ave., Floral Park, NY 11001 516-352.4736 (phone and fax) 516.352-5198 (cust.omer phone) Ms. Dorothy Lueckoff Feb. 27, 1995 ABATELLI REALTY Main Road Cut.chogue, NY 11935 Dear Dorothy: Re: 64355 Main Road. .r ..nport. NY Per our discussion last night on the phone, this letter confirms that we have agreed upon the price of $105,000. for the above property. The purchase, of course, Is subject to the following conditions, several of which were previously spelled out in my letter of February 8, 1995, to you. The purchase conditioned upon: 1) That all necessary governmental approvals for use of the property for retail of antiques and crafts are confirmed, in writing. 2) All mechanicals (lighting, heating, water, toilet, water heater, etc.) being in a working condition. Mechanicals must be turned on for our inspector; inspection date to be determined. 3) That the property passes the environmental audit inspection. 4) That the building and grounds will be cleaned up as noted in the 4th para. of my 2/8 letter. In other words, that the interior will be "broom clean" to floor and walls. And the grounds will also be cleared of any/all debris. If current owner is physically unable to do (lie cleanup, we would not mind handling it. provided that the purchase price is adjusted to cover the cleanup, I.E.; we'd call in a contractor to do the job who, in turn, would provide the estimated cost for the cleanup. 5) Offer is contingent upon purchaser obtaining it mortgage. When the above is all in order, please have the attorney for the seller contact me so we can move forward with deposit and appropriate contract. Ver truly yours, Harold V. Wicks President encl. B.J. PETRUSO AGENCY and ASSOCIATES, INC. 568 Washington Street, P. O. Box #3 Meadville, Pennsylvania 16335 assurance Telephone: 814-724-4000 930nc~ FAX: 814-724-4005 Dear Sirs, Enclosed is your liquor bond which must be filed with your license renewal application. PLEASE BE SUB." TO: 1. Have the bond signed by the authorized person or persons. 2. Attach the bond to your completed license renewal application and return both to the NEW YORK liquor control authority. 1 would like to thank you for allowing us to provide you with your liquor bond. If you have any questions, please give me a call at 800-462-9153. 7 SinZV Dan Petruso Enclosure: Uq for Bond Dear Sirs, scribed by the BOND IN SUPPORT OF APPLICA'T'ION FOR LICENSE OR PERMIT 'Ce Liquor Authority UNDER THE NEW YORK ALCOHOLIC BEVERAGE CONTROL LAW .974 1 1 Application Number Bond Number This bond expires in Penal Sum of Bond 5 2 8 9 7 6 61 1996 $ 1000.00 Plus Costs KNOW ALL MEN BY THESE PRESENTS, that we Name of Applicant Address of Place of Business Clotilda D Oliver dba Mill Creek Liquor S4fore - Main Road Arshamomaque, Southold, NY 11971 in the county of Suffolk State of New York as Principal, and Name of Insurance Company Address of Office or usual Place of Business WESTERN SURETY COMPANY, Sioux Falls SD 57Ave nue a surety company approved by the Superintendent of Insurance of New York State as to solvency and responsibility and authorized to transact business in New York State, as Surety, are held and firmly bound unto the People of the State of New York in the penal sum set forth above and for the payment of any casts bixed or allowed in any action or proceeding to the extent of One Thousand Dollars ($1,000.00) for the payment of which sum or sums, well and truly to fie made, we, the said principal and surety, bind ourselves, successors, and assigns, respectively, jointly and severally, firmly by these presents. WHEREAS, the above bounden principal is making application to the New York State Liquor Authority, for a license or permit under the Alcoholic Beverage Control Law and the said State Liquor Authority, by Part 81 of Subtitle B of Title 9 of the Official Compilation of the Codes, Rules and Regula. tions of the State of New York (Rule 9 of the Rules of the Authority), having required the principal to file with it a bond to the People of the State of New York, as provided in said Law aforesaid, NOW; THEREFORE, the conditions of this obligation are such that if the said license or permit applied for, which expires on the date designated in said license or permit, is grri ted to the said principal and the principal will not, during the license or permit period, suffer or permit any violation of the provi- sions of the Alcoholic Beverage Control Law, or of any of the rules now or hereafter issued by said State Liquor Authority, or give cause, as provided in the Alcoholic Beverage Control Law or Part 53 of Subtitle B of Title 9 of the Official Compilation of the Codes, Rules and Regulations of the State of New York (Rule 36 of the Rules of the State Liquor Authority), for the cancellation, revocation or suspension of said license or permit or the issuance of an order of warning, and will pay all fines and penalties which shall accrue thereunder, together with all costs taxed or allowed in any action or proceeding brought or instituted for a violation of any of the provisions of said Alcoholic Beverage Control Law, or of any of the rules now or hereafter issued by said State Liquor Authority, or foir cause for the cancellation, revocation or suspension or issuance of an order of warning as provided in the Alcoholic Beverage Control Law or Rules of the Authority, or coso taxed or allowed in any review pursuant to Section 121 of the Alcoholic Beverage Control Law; then this obligation shall be void; otherwise to remain in full force and effect: subject, however, to the following conditions: 1. An action for the breach of any condition of this bond may be maintained without previous conviction or prosecution for the violation of any provision of said Alcoholic Beverage Control Law, or of any of the rules now or hereafter issued by the State Liquor Authority, or for cause as provided by the Alcoholic Beverage Control Law or Part 53 of Subtitle B of Title 9 of the Official Compilation of the Codes, Rules and Regulations of the State of New York (Rule 36 of the Rules of the Authority). 2. The aggregate liability of the surety on account of any and all defaults hereunder shall in no event exceed the penal sum of this bond plus costs taxed or allowed in any action or proceeding to the extent of One Thousand Dollars ($1000.00). 3. Upon the payment of any loss arising under this bond, the surety shall be subrogated to the rights and remedies of the ohligee against the principal to recover from the principal any amount so paid. 4. Any action brought for the penal sum of this bond shall he commenced within twenty-four months after the expiration of the license or permit period aforementioned, or for costs within one year after final disposition of any action or proceeding. In the event of the institution of any action or proceeding to review the Authority's determination, the period of 24 months shall not commence until the final determination of the proceeding or litigation. 5. This bond shall be effective during the time the aforementioned license or permit shall be in effect and during any extension thereof. 6. A breach of any condition of this bond shall be deemed to have been established by the revocation, cancellation or suspension of the aforesaid license or permit or the issuance of an order of warning by the State Liquor Authority unless said revocation, cancellation, suspension or order of warning shall have been reversed or annulled by a Court of competent jurisdiction. 7. In any action or proceeding to recover on this bond, the principal and the company named herein as Surety waive any defense based upon any defect in the bond, including, but not limited to, an erroneous, improper or defective insertion or omission to insert or apparent alteration of the expira- tion year and/or amount of the penal sum of the bond and further waive any objection that the bond bears a printed, typewritten or facsimile signature. Any bond filed with the State Liquor Authority shall be admissible in evidence in any court on application of the State Liquor Authority or People of the State of New York without further proof of due execution thereof by or on behalf of the principal and surety and shall be conclusive. ly presumed to have been duly executed by and on behalf of the principal and surety. Any bond filed with the State Liquor Authority and bearing the printed or facsimile name of the surety or the typewritten or facsimile signature of its representative shall be conclusively presumed to be the duly issued bond of the surety company and binding on it, its successors and assigns for the amount specified in Part 81 of Subtitle B of Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York (Rule 9 of the Rules of the State Liquor Authority). IN WITNESS WHEREOF the parties hereto have caused these presents to be signed and sealed this 27th day of February 1993 568 Washington St., P.O. Box #3 Name of issuing agency B.J.Petruso Agency& AssocINCAddreas Meadville Pa 16335 Phone M 814 724 4000 Clotilda D Oliver dba Mill Creek Liquor tare WESTERN SURETY COMPANY Principal (Applicant/Licensee) tre6y BY: BY: L. S. C,7 . Kirby - President Form 14Ba-1291 <T~~. yy,,. ''ate. A'eaaYMf *h,. '~R, la 0. al-mlim ~IA -3 3 y LIQUOR STORE LICENSE LICENSE EFFECTIVE C3/CI/9C ~ I 93 1 SUFF L 00872 222 LICENSE EXPIRES C2/29/93 11111 a t I i• i !i I ~ 1' Ay I ~ ~ I L~ ' 1 f 1 y i ! :r i -I rP 1 CLOTILDA 0 OLIVER 1 CYCLICAL CREDIT GRCL P.- . 40.00 _ DHA MILL CREEK LIQUOR STORE FILING FEE MAI4 RD LICENSE FEE 12CO.CC ARSEIAMOMAQUE ~ COUNTY SUFFOLK SOUTHOLD NY 11971 SERIAL 00872 L CERTIFICATE NUMBED 179529 1 t THE LICENSEE DESIGNATED ABOVE IS HEREBY GRANTED PERMISSION UNDER THE ALCOHOLIC BEVERAGE CONTROL LAW TO TRAFFIC IN ALCOHOLIC BEVERAGES PURSUANT TO THE TYPE OF LICENSE INDICATED IN SHE UPPER LEFT HAND CORNER OF THIS CERTIFICATE AND ACCORDING TO THE STATUTES AND REGULATIONS PERTAINING THERETO. THIS LICENSE SHALL NOT BE TRANSFERABLE TO ANY OTHER PERSON OR TO ANY OTHER PREMISES OR TO ANY OTHER PART OF THE BUILDING CONTAINING SUCH LICENSED PREMISES: IT SHALL NOT BE DEEMED A PROPERTY OR VESTED RIGHT AND MAY BE REVOKED AT ANY TIME PURSUANT TO LAW. FOR ANY OF THE CAUSES PRINTED ON THE REVERSE SIDE HEREOF. V, z~477 REEDRE COMMENCMG OR DOING NIT MMINFST THE TIM[ RMFIYNIEN TRIPS LICENSE An MEUI ISSUED. LIME SAID EMSMSE SMALL RE LICLOM INISEIiAML.SMW OR METAL FRAME, HAVING A QEAR GLASS STAQ AMD A SUETAMl1Al MYIDD OR METAL Y SO THAT TIME MIMME W SND MERSE MAY K SEEM THERON. AI0 11MLL IN g YR AMD AT'rLLl TIMES DIYUYED O IN A COMYICUWS MASL,R.Ltl6._ppM MBtIK SOON EUMMESd S~fC IpIEO ON. SD_TVAT ALL.EN60NS 1INUTMIG SKM MALI WY MINLT S&L.SW SAME. ssaiit Aral ,.i~. p9 IF THERE BE A DOOR OPENING FROM THE STREET INTO THE LICENSED PREMISES AND A WINDOW FACING THE STREET UPON WHICH SUCH DOOR OPENS, THIS LICENSE SHALL BE DISPLAYED IN SUCH WINDOW, SO IT MAY BE 9 READILY SEEN FROM THE STREET. CoIrlifica" No. C 1 7 9 5 2 9 Su FORM ISO--033 n2-EE1 R (R r - APPEALS BOARD MEMBERS ~0~~$UFFO(,~Co ti py Southold Town Hall Gerard P. Goehringer, Chairman z 53095 Main Road Serge Doyen, Jr. cc x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y?JOl ~aFax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS:TOWN OF SOUTHOLD ------------------------------------x In the Matter of the Application of ESTATE OF CLOTILDA OLIVER -------------------------------------x CONFIRMATION OF POSTING I, PAMELA F. BARNEY , residing at 3430 Wickham Avenue Mattituck, New York 11952 being duly sworn, depose and say: That on the 8 7f- day of September, 1995, I personally posted the property known as "54355 Main Road, Greenport, NY" by placing the Town's official poster Notice on the front of the building where it can be easily seen, and that the poster has remained in place five days prior to the date of the public hearing (date of hearing noted thereon to be held September 13, 1995.) Dated: September 1995. (signature) • ~o f c N of Ais.) RE( woe1~t tv fAUG12 1 J"5 c !c 33 TOWN OF SOUTHOLD. NEW YORK Southold Town Clerk 33 y APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO, DATE . TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ........Rrlwexl..k....Aarnl Y .:........................of 34A..WLFkha4!.Avenue.........::...................".. Name of Appellant Street and Number Mattituck N :Y:......i.l...g..~ a-.HERE9BY µol APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED ....."August 14, 1995 . WHEREBY THE BUILDING INSPECTOR DENIED TO Pamela F:" BaLRRU............_ Name of Applicant for permit of 3430 Wickham Avenue Mattituck New York Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X) Permit to re-establish retail sales use in MII District 1. LOCATION OF THE PROPERTY ....6MStain, Road Greenport.................... NII„",,,,,,",,,,",,, reet / amlet / Use District on Zoning Map District 1000 Section 5681ock 4 Lot 21 Current Owner Pamela F. Barney Mop No. Lot No. Prior Owner Clotilda Oliver 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 XXIV Section 100-241.6 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop., 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (t=(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit d d ( ) request for a variance and was made in Appeal No .................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance is requested for the reason that the retail sales usage became a non-conforming' use on or, about May, 1995, and request is made to re-establish retail sale usage at the'prem sea. Form ZBt (Continue on other side) Nhl li. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becouse the discontinuance of retail sales use was discontinued due to the death of Mrs. Oliver, the former owner, and attempts to re-open or sell the property have been severely hampered by the usage limitations imposed by the 1989 re-zoning the property to an MII District. c a' 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because this is a small parcel without water frontage whose adaptability to the uses permitted in the MII District is severely limited. The existing building is better suited to retail sales. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the property had been used continuously from 1966 to 19,93 for retail sales. Applicant's intention is to.utilize the property for retail sales of antiques or other similar business. STATE OF NEW YORK . COUNTY OF SUFFOLK ~ Signature Pamela F. Barney 1 Sworn to this day of..... August 19 95 ` ABIGAIL A. WICKHAM Notary Public, State of New York Notary Public No. 52-4642871 Qualified in Suffolk County / Commission Expires Sept. 30, 19 BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE PAMELA F BARNEY - TO to the Board of Appeals of the Town of Southold ADJACENT PROPERTY OWNER TO: Mr. and Mrs. Larry Tuminello Mr. Robert L. Mitrani Ms. Genevieve L. Richard R Joseph A. LaColla Estate L. I. Railroad Company YOU ARE HEREBY GIVEN NOTICE: 1. That ' he intention of the undersigned to petition the Board of Appeals of the T own of Southold to request a ariance Special Exception) (Special Permit) (Other) [circle choice) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 64355 Main Road Greenport New york SC7M 1t\ttn-56-4-91 3. That the property which is the subject of such Petition is located in the following zoning district: N11 Distrirt •t Tltat bN such Petition, the undersigned will request the following relief: Re-establish non-conformin 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XXIV 6ecti - [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7d5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, 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: August 18, 1995 ~vk 2 Q Pamela F. Barney ~ Petitioner Owners' Names:_3q.--46 Wt(kti4 Post Office Address n0. u_-..JCt'GG Tel . No. ( S(b) 93W3" .A 93Ynt. - r Mbomia 0La13VVKMA [Copy of sketch or plan showing,,,,,,, be attached for convenience purposes.] AAW/mh 259 957 6371 Receipt for Certified Mail PROOF OF MAILING OF NOTIG No Insurance Coverage Provided ATTACH CERTIFIED MAIL RECE IF ro.. Y Do not use for International Mail ee ev rs NAM ADDRESS o_ c/o Eugene M. LaColla L Sveet and No. 403 Glenmore Lane m P 0_ State and ZIP Code c Bayport, New York 11705 Joseph A. LaColla Estate e°o Pomade C/o Eugene M. L, $.3; (1000-56-4-24 & 19) M 403 Glenmore Lai Q C101tedFee 1.10 Bayport, New Yot, LL SPeaei DPIhvery ree Vl a Genevieve L. Richard Main Road RFD R"tr"ted pe1vci Get, (1000-56-4-20.1 & 20.2 Southold, New YI P,,,e,n Pecu;Pt shdwlPg to Whose & Date Den,e.ed 1.10 Return Heeeipt Showing Is W. Mr. and Mrs. Larry Tumine110 Date, and Address,, I Add,,,,, 3 955 Ship's Dr1v (1000-56-4-22) rorAt PPstage R ees Southold, New Y $ Pnstrnatk or Wa 6 Mr. Robert L. Mitrani Main Road #2 (1000-56-4-23) Southold, New Y Long Island Railroad Company Jamaica Station / Room 511 Jamaica, New York 11400 Southold Town Building Dept. Southold Town Hall Main Road Southold, New york 11971 STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) AMY M BEASLEY residing at being duly sworn, de an poses d says that on the 8t ay of August '19 95 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Mattituek New York 11952 ; that said Notices were mailed to each of said persons by (certified) (YW'g1F&1k dvA mail. r Sworn to before me this C~/ ST Amy M. easley day of August 19 95 Notary Public JOYCE Nomm wv YbAt oONTImn VICON, Commwww Eno" t r (This side does not have to be completed on form transmitted to adjoining property owners.) 1a.16A 121871-Test 12 PROJECT I.D. NUMBER 617.21 SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT /SPONSOR 2. PROJECT NAME PAMELA F 3. PROJECT LOCATION: Suffolk Municipality Greenport county a. PRECISE LOCATION (Street address and road intersections. promment lanomama, etc. or prov)de maul 64355 Main Road, Greenport, Southold Town, Suffolk County, New York S. TS PROPOSED ACTION: Q Nee, ? Expansion ® Modlfl"l loNaltaratbn 6. DESCRIBE PROJECT aRIEFLY: Re-establish non-conforming retail sales 7. AMOUNT OF LANG AFFECTED; Initially a 47 acres Ultimately • 47 acres B. WILL PROPOSED ACTON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Q Yes QNC If No, describe bnally Property is zoned Marine II district, which s does not permit retail sales. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ? Residential C Inoustnal leCommemml ? Agnwlture ? ParkiForest Open space A: Other Describe: Marine (MII) 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATES OR LOCAU?~! L.L. Yes II NO It yes, list agency(s) and oarmlVacomyals 11. C1OPS ANY ASPECT OF THE ACTt.:N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? I-: Yea N^ It ye:, iist agency name and permdlapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ? Yes Jql No I CERTIFY THAT THE INFORMATION PROVIDED ASOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApotiaantsdonsQ/ flame: _ Pamela F. Barney _ Date: Aug.15, 1995 Signature: 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 (Continued on reverse side) Of thTheform S. Environmental Quality Review Act requires submission and an environmental review will ue made Ly this Board before any action is taken. SHORT ENVIRONMENTAL ASSESSFIENT FORM INSTRUCTIONS- (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of 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- nificant and completed Environmental Assessment Form is necessary. (c) It all questions have been answered No it is likely that the project is not significant. - (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more / than 10 acres of land? _Yes : v NQ 2. Will there he a major change to any unique or unusual land form on the site? _Yes V No 3. Will project alter or have a large effect on an existing body of water? _Yes Y 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 ? Na 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 /10 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas / known to be important to the community? - Yes V/No 9. Will project adversely impact.any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? _Yes Y0 10. Will project have a major effect on existing or future recreational opportunities? Yes "o - 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes _No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes ,/Ma 13. will project have any impact on public health / or safety? Yes ? o 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the -Yes ~No Character of the community or neighborhood? 15. Is there public controversy concerning the project? _Yes I NO Preparer's Signature: !I._ c lip Representing: Date: 2RA 4/•75 QUESTT_CNNAIRE 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 for -sale or being shown to prospective buyers? { } Yes { No. Uf Yes. n7 Att,Ch CDpy of "conditions" of sale.) C. Are there proposals to change ar alter land contcurs? { } Yes { No D. 1. Are there any areas which contain wetland grasses? do 2. Are the wetland areas shown on the map submitted with this application? nle,' 3. Is the property bulk headed beMeen the wetlands area and the upland building area? N© 4. If your property contains wetlands or pond areas, have you contacted the Office of the Tocgi} stees for its determination of jurisdiction? N E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? _ N n (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fens which exist and are not shown an the survey map that you are - submitting? / If none exist, please state "none." G. Do you have any construe ; n taking place at this time concerning your premises? /O 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? ~6M If yes, of deeds. Please explain where or submit copies to©o = S -To PP I. Please list present s o, op r~ Ion) conducted at this parcel c d and proposed use D LL Authorized Signature and D e 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN _ The Town of Southold. - TRUSTEES - The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6.19841 WEiLA=S [Amended 8-26-76 by L.L. No. 2-1976-.3-26- 85 by L.L. -No. 6-1985): A. L1DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following. salt hay, black grass, saltworts, sea lavender, tall cordgmss, high bush, cattails, groundseL marshmallow and low march cordgrasrand/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 21. Ti- tle 1. § 2.1-0107, Subdivisions 1(a) to 1(d) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet. land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 z•zs-as Pamela Barney 3430 Wickham Avenue Mattituck, New York 11952 August 14, 1995 Building Department/Zoning Board of Appeals Southold Town Main Road Southold, New York 11971 Re: Estate of Clotilda Oliver; Mill Creek Liquor Store, 64355 Main Road, Southold. Dear Sir or Madam: I respectfully request your help in solving a variance dilemma that has come to my attention regarding the above parcel. It is my understanding that the store and property may have lost its non conforming use variance. This dilemma has been caused, inadvertently and unfortunately, by the death of my mother. From 1966 until her passing in 1993, my mother, Clotilda Oliver owned and operated Mill Creek Liquors on the Main Road in Southold. I am pleased to say that the location, and my mother's managerial talents, contributed to the success of her retail operation for those 27 years. As sole distributee of my mother's Last Will and Testament, my responsibilities and duties have been difficult and costly in time as well as dollars. These costs were brought about by the complexities of probating my mother's Will. I am also responsible for the payment of taxes and maintenance of the property. I was not able to continue in the retail Liquor business under my mother's license because of State Liquor Authority regulations, etc. However, because of the time involved probating the Will and the money it has cost me and my family, I was forced to consider selling my mother's property. (This was not an easy decision and caused me great anguish and heart ache). I have since reconsidered this option and would like to establish a retail sales operation dealing in antiques and collectables. Please understand, I have done everything possible to save and maintain the property since my mother's passing. I am confident that the reopening of a retail business on this parcel will benefit the surrounding area and contribute to the community. Your help in restoring the non conforming use variance to the parcel located at 64355 Main Road Southold, will be gratefully received. S' rely, Pamela Barney r LIQUOR STORE LICENSE LICENSE EFFECTIVE 03/01/90 LICENSE EXPIRES 02/28/93 93 1 SUFF L 00872 222 v P7~crFFE:P II~ ~ Lug- AIiI HII~~ ~CLOTILDA 0 OLIVER CYCLICAL CREDIT GROUP 1 DBA MILL CREEK LIQUOR STORE FILING FEE 40.00 MAIN RD LICENSE FF.E 1200.00 ARSHAMOMAQUE COUNTY SUFFOLK SOUTHOLD NY 11971 SERIAL 00872 CERTIFICATE NUMBER 179529 THE LICENSEE DESIGNATED ABOVE IS HEREBY GRANTED PERMISSION. UNDER THE ALCOHOLIC BEVERAGE CONTROL LAW TO TRAFFIC IN ALCOHOLIC BEVERAGES PURSUANT TO THE TYPE OF LICENSE INDICATED IN THE UPPER LEFT HAND CORNER OF THIS CERTIFICATE AND ACCORDING TO THE STATUTES AND REGULATIONS PERTAINING THERETO. THIS LICENSE SHALL NOT BE TRANSFERABLE TO ANY OTHER PERSON OR TO ANY OTHER PREMISES OR TO ANY OTHER PART OF THE BUILDING CONTAINING SUCH LICENSED PREMISES: IT SHALL NOT BE DEEMED A PROPERTY OR VESTED RIGHT AND MAY BE REVOKED AT ANY TIME PURSUANT TO LAW. FOR ANY OF THE CAUSES PRINTED ON THE REVERSE SIDE HEREOF. ED/AIIIMAN BEFORE INFRFR7AeTHE TIMR~POR WHICH- THUS LICENSE HAS BEEN ISSUED. THE SMD LICENSE SMALL BE ENCLOSED IN A SDITABLE WOOD OR METAL FRAME, HAVING A CLEAR G IN A SURHMp IAL WDOD OR"METAL RACK SO THAT THE WHOLE OF SAID LICENSE MAY EE SEEN THEREIN- AND SHALL RE POSTED UP AND AT ALL TIMES OISPLAVEO COXSPICIMIUS WMER~$KM M ORRIED ON. SO THAT ALL. PERSONS VISITING SUCH PLACE: MAY REAMLr SEE. THE SAME. - ::"C IF THERE BE A DOOR OPENING FROM THE STREET INTO THE LICENSED PREMISES AND A WINDOW FACING THE STREET UPON WHICH SUCH DOOR OPENS, THIS LICENSE SHALL BE DISPLAYED IN SUCH WINDOW, SO IT MAY BE READILY SEEN FROM THE STREET. C179529 SLA FORM"IBO--0SB 112-86I ClsLEficato No. l , 1Prescribed by the • BOND IN SUPPAF APPLICATION FOR LICENSE OIL rERNmr- . Slate Liquor Authority UNDERTHE NEW YORK ALCOHOLIC BEVERAGE CONTROL LAW „ 1974 Application Number ,it Number 't'his bond expires in Penal Sum of Bond l 5 2 8 9 7 6 61 1996 $ 1000.00 Plus Cnstsl L - KNOW ALI, MEN BY THESE PRESENTS, that we Name of Applicant Address of Place of Business (Clotilda D Oliver dba Mill Creek Liquor Store - Main Road Arshamomaque, Southold, NY 11971 inthecounlyof Suffolk stale of New York as Principal, and Name of Insurance Company Address of Office or usual Place of Business 101 South Phillips Avenue WESTERN SURETY COMPANY Sioux Falls, SD 57192 a surety company approved by the Superintendent of Insurance of New York Shst.e "to solvency and responsibility and authorized to transact business in New York Stale, as Surety, are held and firmly bound unto the People of the state of New York in the penal sum act forth above and for the payment of any costs taxed or allowed in any action or proceeding to the extent of One Thousand Dollars ($1,000.00) for the payment of which sum or sums, well mod truly to he made, we, life said principal and surety, bind ourselves, successors, and assigns, respectively, jointly and severally, firmly by these presents. WHEREAS, the above bounden principal is oinking npplication to the New York State Liquor Authority, for a license or permit under the Alroholic Bevernge Control Law and the said State Liquor Authority, by Parts] of Subtitle Il of Title 9 of the Official Conpilntion of the Coles, Rifles and Regula. lions of the Slate of New York (ltule 9 of the Rules of the Authority), having required the principal to file with it a bond to toe People of the Slate of New York, as Provided in said Law aforesaid, NOW; THEREFORE, the conditions of (his obligation are such that if the said license or permit applied for, which expires on the date designated in said license or permit, Is gttnted to the sniff principal and the principal will not, during the license or permit period, suffer or permit any violation of the provi- sions of the Alcoholic Bevotnge Control Low, or of any of the rules now or hereafter issued by said State Liquor Authority, or give cause, as provided in the A Iroholic Bevenigo Control Law or Part 53 of Subtitle B of Title 9 of tine Official Compilation of the Codes, Rules and Regulations of the state of New York (little 36 of the Rules of the $tnle liquor Authority), for the cancellation, revocation or suspension of said license or permit or the issuance of an order of unrning, mill will pay all fines still penalties which shall accrue thereunder, together wino all costs taxed or allowed in nay action or proceeding brnup-ht or instituted for a violation of tiny of the provisions of said Alcoholic Beverage Control Law, or of any of the rules now or hereafter issued by said Slate Liquor Authority, or f4 cause for the cancellation, revocation or suspension or issuance of an order of warning as provided in the Alcoholic Beverage Control Law or Rules of the Anlhorit,y, or costs lazed or allowed in any review pursuant to Section 121 of the Alcoholic Beverage Control Law; then this obligation shall be void; otherwise to remain in full force and effect: subject, however, to the following conditions: 1. An action for the breach of any condition of this bond may he maintained without previous conviction or prosecution for the violation of illy provision of said Alcoholic Beverage Control Law, or of any of the rules flow nr hereafter issued by the Slate Liquor Authority, or for muse ns provided by fife Alcoholic Beverage Control Law or Part 53 of Subtitle 13 of Title 9 of tine Official Compilation of the Codes, Rules and Regulations of the Slate of New York (Rule 36 of the Rules of the Authority). 2. The aggregate liability of the surety on account of any and all defaults hereunder shall ill no event exceed the penal stun of this bond plus costs taxed or allowed in nay action or proceeding to the extent of One Thousand Dollars ($1000.00). 3. Upon the payment of any loss arising dnder this bond, the surety shall be subrogated to the rights and remedies of the obligee against the principal to recover front the principal tiny amount so paid. 4. Any action brought. for the penal Bunn of this bond shall be commenced within twenty-four months after the expiration of the license or permit period aforementioned, or for costs within one year after final disposition of tiny action or proceeding. In the event of the institution of any action or proceeding to review the Authority's determination, the period of 24 months shall not commence until the final determination of the proceeding or _ litigation. 6. This bond shall be effective during the time the aforementioned license or permit shall be in effect and during any extension thereof. 6. A blench or any condition of this bond shall be deemed to have been established by the revocation, cancellation or suspension of the aforesaid license or perrndt or the issuance of an order of warning by the State Liqunr Authority unless said revocation, cancellation, suspension or order of warning shall have been reversed or annulled by a Court of competent jurisdiction. 7. It, ah1y action or proceeding Io recover ono this bond, the principal and the company named herein as Surety waive tiny defense based upon any defect in the bond. including, but not limited to, an erroneous, improper or defective insertion or omission to insert or apparent alteration of the expira- tion year mid/or amount of the penal sum of the bond and further waive any objection that the bond bears a printed, typewritten Fir facsimile signature. Any bond filed with the State Liquor Authority shall be admissible in evidence in any court on application of the State Liquor Authority or People of the State of New York without further proof of due execution thereof by or on behalf of the principal and surety and shall be conclusive. ly presumed to have been duly executed by and on behalf of the principal and surety. Any bond filed with Clip Slate Liquor Authority and besting the printed or fncslnile name of the surety or the typewritten or facsimile aignature (if its representative shrill he conclusively presumed to be theq duly issued bond of the surety company and binding on it, its successors and assigns for the amount specified in Part 81 of Subtitle B of Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York (Rule 9 of the Rules of the State Liquor Authority). IN WITNESS WHEREOF the parties hereto have caused these presents lobe signed and sealed this 27th day of February 1993 566 Washington St., P.O. Box #3 Name of issuing agency B J Petruso Agency& AssoclNGddroaa Meadville Pa. 16335 614 724 40170 Phone N Clotilda D Oliver dba Mill Creek Liquor UWe WESTERN SURETY COMPANY Principal (Applicant/Licensee) BY: BY: _-_L. S. Pirb-y--resident Form 1160-1791 J B.J. PETRUSO AGENCY and ASSOCIATES, INC. 568 Washington Street, P. O. Box #3 Meadville, Pennsylvania 16335 v1.surav ce Telephone: 814-724-4000 FAX: 814-724-4005 Dear Sirs, Enclosed is your liquor bond which must be filed with your license renewal application. PLEASE BE SUIT" TO: I . Have the bond signed by the authorized person or persons. 2. Attach the bond to your completed license renewal application and return both to the NEW YORK liquor control authority. 1 would like to thank you for allowing us to provide you with your liquor bond. If you have any questions, please give me a call at 800-462-9153. Sinc el Dan Petruso Enclosure: Ligyor Bond Dear Sirs, K f~ I 45 r s In I Vd7. 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