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Home My WebLink About3958 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3958: Application of JOSEPH AND BETTf HARDY for a Variance to the Zoning Ordinance as authorized by Article IX, Section 100-92 for permission to increase the degree of nonconformance of the lot area for the establishment or approval of a second dwelling unit in an existing dwelling structure and for the establishment or approval of a third dwelling unit in the rear accessory building, both in conjunction with multiple business uses and existing single-family residental unit of this parcel. Location of Premises: 13500 Main Road, Mattituck, NY; County Tax Map No. 1000-114-11-5. Zoning District: Hamlet-Business (HB). The subject parcel is nonconforming in this Hamlet Business (HB) Zone District containing approximately one-half acre of total lot area. WHEREAS, a public hearing was held on August 15, 1991, 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, the 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. By this application, applicants request area variances: (a) for approval of conversion of the existing two-story dwelling structure as a two-family dwelling {by the addition of a second dwelling unit located over the existing dwelling unit], and (b) for approval of use of the rear 20 ft. x 30 ft. one-story (accessory) building as a single family dwelling, in conjunction with the existing one retail business unit, one personal service unit, one office use, one dwellng unit, and proposed second dwelling unit, for a total of six occupied units. Page'2 - ~ppl. No. 395 8 Matter of JOSEPH AND BE'~£'f HARDY Decision Rendered September 12, 1991 2. The premises in question is located along the south side of the Main Road (State Route 25) in the Hamlet of Mattituck, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 114, Block 11, Lot 5. 3. The subject premises is improved with the following structures: (a) one-story concrete block building with retail occupancies by three tenants (pizza parlor, personal service (tatoo application), and office area for Hardy Plumbing & Heating). This building preexists zoning and has nonconforming setbacks in the front and side yards. ; (b) accessory 20.4 ft. by 30.3 ft. garage/storage structure, located in the rear yard area, which was renovated in or about 1988 without permits and proper approvals into a pet-grooming (personal service) use and shortly thereafter converted, again without town permits and proper approvals, into a dwelling; (c) two-story frame house, which is connected to the front business building by a deck. 4. It is noted that the front building and two-story frame house structure (now attached to the front building by a deck) was on April 10, 1980 issued a Preexisting Certificate of Occupancy (#Z9919) showing both structures and land to be used for single-family dwelling use and two retail occupant uses, respectively, all of which are shown to have been existing prior to the enactment of zoning in April 23, 1957. 5. The parcel is nonconforming in total lot area for the multiple (mixed) uses in this nonresidential zone district, as well as substandard parking and screening. The nonconformi- ties for the total lot area are appropriated as follows for clarification: (a) the total lot area of this parcel is 21,906 sq. ft., of which one of four units may be authorized as a conformity, to wit: 20,000 sq. ft. per dwelling unit or per nonresidential unit; (b) since more than one unit has existed, that is, one established single-family dwelling without community water or sewer at 20,000 sq. ft., and three (3) business and/or office units at 20,000 sq. ft. minimum per unit; the total required for these four occupancies are 80,000 sq. ft. of lot area.(See "Density and Minimum Lot Size Schedule for Nonresidential Districts"). Page'3 - ~ppl. No. 3958 - ¥ Matter of JOSEPH AND BE'F£'f HARDY Decision Rendered September 12, 1991 5. (c) the total area required with the four legally established occupied units, plus the two proposed units, is 120,000 sq. ft. (d) the increase in the degree of nonconformance is 40,000 sq. ft. over the existing nonconformities of area and density, or 20,000 sq. ft. for each of the two additional proposed dwelling units. (Ref. Density and Lot Area Schedule as applies to the HB Zone). 6. For the record, it is also noted that accessory buildings are defined under Section 100-13 of the Zoning Code to be: ...A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building... Although there is no record of a valid building permit or certificate of occupancy for this 20' x 30' rear building, the building as exists may be permitted only as an accessory building and may be used only customarily incidental and subordinate to the main use on this lot, and not as a dwelling unit with cooking or housekeeping facilities. A use variance is also being requested for the conversion of an accessory use to a principal dwelling use. 7. The conversion of the accessory building to a principal dwelling is not permitted by Special Exception as noted in the above paragraph and is not a multiple dwelling or townhouse, and also is not an apartment over a retail store or business office. {For the record, Article XXIX, Section 100-91(B2 & 4)) of the Zoning Code authorizes by Special Exception approval from this Board and site plan approval from the Planning Board the following: ...B...2. Multiple dwellings and townhouse; 4. Apartments over retail stores and business office, subject to conditions (a through f).} 8. Under same date hereof, this Board has authorized by Special Exception with conditions, conversion of the main two-story dwelling structure from single-family to two-family use. (See decision under Appl. No. 3959-SE). 9. Article XXIX, Section 100-92, Bulk, Area and Parking regulations permit these uses only when the same conform to the Bulk Schedule, Parking and Loading Schedules (of the Zoning Code) with the same force and effect as if such regulations were set forth herein in full. It is clearly provided that in the Hamlet-Business (HB) Zone District, a minimum of 20,000 sq. ft. Page'4 - ~ppl. No. 3958-V Matter of JOSEPH AND BETT~ HARDY Decision Rendered September 12, 1991 of land area is required per dwelling unit and per business or office unit. The allowable uses, together with the Septem- ber 12, 1991 conditional Special Exception permit for a second unit over the existing dwelling unit, amount to five (inclusive of one existing retail; one existing business; one existing office; one existing dwelling; for five total units or 100,000 sq. ft.) {20,000 sq. ft. x 5 units}. 10. In considering the variances requested for the two additional units, it is the position of the Board that: (a) it is the burden of the landowners to prove that the area restrictions as applied to their land imposes "significant economic injury"; and the burden of proof has not been substantiated; (b) the relief requested for a variation of 40,000 sq. ft. of land area for the two requested units is substantial in relation to the requirements, being a variance of 300% of the requirements, and more than 100% of a variance over the existing lot area/density nonconformities; (c) the difficulties claimed are not sufficient to warrant a grant of the relief requested; (d) there will be an adverse effect of increased dwelling density produced on available governmental facilities by the creation of two dwelling units, in addition to those uses legally established; (e) there will be an adverse effect on the character of the neighborhood and the grant of the variances requested will in effect establish a zone district at odds with all other zone districts provided for in the zoning code; (f) the variances, if granted as requested, will in turn cause a substantial effect on the ~fety, health, welfare, comfort, convenience, and order of the town; (g) in view of the manner in which the difficulty arose and in consideration of all the above facts, the interests of justice will be served by denying the variances as requested. ACCORDINGLY, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to DENY the variance for increased dwelling unit density and insufficient lot area applicable for each of the two units, as requested; and BE IT FURTHER Page. 5 - Appl. No. 3958 V Matter of JOSEPH AND BE'£Tf HARDY Decision Rendered September 12, 1991 RESOLVED, to GRANT alternative relief for the additional one dwelling unit in the existing two-story dwelling structure, for establishment of a two-family dwelling use, subject to the following CONDITIONS: 1. Compliance with all zoning code requirements, including but not limited to the following: (a) Site Plan approval by the Southold Town Planning Board, which Board may require more stringent parking requirements than the conditions stipulated below concerning the Special Exception; (b) accessory structure must revert back to an accessory use with removal of all cooking and housekeeping plumbing facilities {electrical utilities for lighting purposes will be permitted to remain}; (c) accessory structure shall not be permitted for office use or any business or separate rental/profitable use, and shall be permitted for garage and/or dead storage purposes only. 2. Two parallel parking spaces to be painted in front of the retail business building for vehicles traveling in an easterly direction (to park with vehicles facing east); 3. A printed sign to be placed at the front of the business building directing all vehicles to "PARK IN THE REAR." 4. Before issuance of a Certificate of Occupancy or other documentation, acceptance and final inspection concerning the above conditions shall be made by the Board of Appeals, or member thereof. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Absent were Members Doyen and Grigonis.) This resolution was duly adopted. RECEIVED AND FILED BY so mo,.D Town _ Town_ Clerk, Town of Soutkc! [ NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOW/q BOAPJ3 OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY AUGUST 15r 1991r commencing at the times specified below: 7:30 p.m. Appl. No. 4043 JOHI~ H. AND GAYLE BIRKMIER. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish "Bed and Breakfast Use," an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms on the second-floor of the existing dwelling structure. Location 48850 Main Road, Southold, NY; County Tax Map No. 1000-70-07-10. 7:35 P.m. Appl. No. 4044 - WILLIAM, AILEEN AND JOHN PARROTT. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B and Article XXIV, Section 100-244B, for approval of deck construction at less than 75 feet from the bulkhead and in Page 2 - Legal Noti f Hearings Regular Meeting of August 15, 1991 Southold Town Board of Appeals excess of the 20% lot coverage limitation for all structures. The subject parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 2435 Cedar Lane, East Marion; County Tax Map No. 1000-37-4-9. 7:40 p.m. Appl. No. 4045 - GLORIA LOWERY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4(B) for permission to construct open-deck addition to dwelling structure with a setback at less than 75 feet from the bulkhead. The subject parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 650 Oak Avenue, Southold, NY; County Tax Map No. 1000-77-1-2. Also referred to as Lot Nos. 285, 284, 283, 282, and part of 281 on the Map of Goose Bay Estates (1934). 7:45 p.m. Appl. No. 4046 - MR. AND MRS. THOMAS M. McKEON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct addition with breezeway and garage which will be in excess of the 20% lot coverage limitation. The subject parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 415 Fisherman's Beach Road, Cutchogue; also referred to as Lot 7 on the Map of Peconic Bay Properties, Inc. {1931); County Tax Map No. 1000-111-1-26. 7:53 p.m. Appl. No. 4048 - BURT LEWIS, JR. Variance to the Zoning Ordinance, Article III, Section 100-32 and Article XXIV, 'Page 3 - Legal Noti Hearings Regular Meeting of August 15, 1991 Southold Town Board of Appeals Section 100-243 for approval of office addition resulting in an expansion of the existing noncohforming use and increasing the degree of nonconformance of the building setback in the front yard area. The subject parcel is substandard in size and is located in the Agricultural-Conservation (A-C) Zone District. Location of Property: 6920 Main Road, Laurel, NY; County Tax Map No. 1000-126-01-4.1; also referred to as Lot Nos. 1 & 2 on the Map of George I. Tuthill (1929). 8:15 p.m. Appl. No. 4041 - DONALD AND JEANNE GRIM. Amendment to Special Exception approval undler Appl. No. 3491, in this Light Industrial (LI) Zone District for permission to authorize recycling and salvage facilitiy, excavation and drainage yard (pursuant to-Town Board Resolution adopted April 9, 1991, to be used in conjunction with those uses conditionally permitted under Special Exception No. 3491 (ZBA resolution adopted June 25, 1986) for outside stockpiling of material and related offices. Location of Property: Lot No. 2 on the Minor Subdivision Map No. 450 of L.B. Glover; 11910 Oregon Road, Cutchogue, NY; County Tax Map No. 1000-83-3-part of 4.4, containing 4.59 acres. 8:20 p.m. Appl. No. 4042 - LAWRENCE CERVON. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct addition to dwelling with a setback at less than 75 feet from the bulkhead. Location of Property: 'Page 4 - Legal Notic )f Hearings Regular Meeting of August 15, 1991 Southold Town Board of Appeals 25235 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-126-11-21. The subject parcel is substandard in size and is located in the R-40 Zone District. 8:30 p.m. Appl. No. 395~- MR. AND MRS. JOSEPH HARDY. Variance to the Zoning Ordinance, Article IX, Section 100-92, for permission to increase the degree of nonconformance of the lot area for the establishment or approval of a second dwelling unit in an existing dwelling structure and for the. establishment or approval of a third dwelling unit in the rear accessory building, both in conjunction with multiple business uses and existing single-family residential unit of this substandard parcel. Location of premises: 13500 Main Road, Mattituck, NY; County Tax Map ID No. 1000-114-11-5. The subject parcel is nonconforming in this Hamlet Business (HB) Zone District taining approximately ~one-half acre of total lot area. 8:40 p.m. Appl. No. 3959 - MR. AND MRS. JOSEPH HARDY. Special Exception to the Zoning Ordinance, Article IX, Section 100-91B(2)(4) to permit either an accessory apartment or second dwelling unit over stores, or alternatively to permit multiple dwelling use within the existing mixed business/residential structure. Location of premises: 13500 Main Road, Mattituck, NY; County Tax Map ID No. 1000-114-11-5. The subject parcel is nonconforming in this Hamlet Business (HB) Zone District containing approximately one-half acre of total lot area. · Page 5 - Legal Not~ Hearings Regular Meeting of August 15, 1991 Southold Town Board of Appeals 8:50 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES. Appeal for an Interpretation under the Definition Section of the Zoning Code, Article I, Section 100-13 as noticed to the adjoining property owners, as pertains to dwelling and/or motel uses, and the installation of cooking facilities. Location of Property: 61475 County Road 48, Greenport, NY; County Tax Map Parcel ID 1000-045-01-001 and 002 (2.1), containing approximately 7.5 acres. Zone District: Resort Residential (RR). The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before'the times designated above. For more information, please call 765-1809. Dated: July 25, 1991. BY ORDER OF THE SOU~5{OLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO: Times-Review Delivered 8/5/91 L.I. Traveler-Watchman For Publication FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date..."~.O-A~....~ .......... 19 ~'.O.. To ~...~.~...%..~.~..~...~..e~ ~~..~ :~ .... ~.~ ~) ...... PLEASE TAKE NOTICE that your application dated ...~ ~. ~ ......... 19 ~.0.. Location of Property County Tax Map No. 1000 Section ... )J.q ....... Block ..... 1/ ........ Lot .... 9.~ ...... Subdivision ............ ~ .... Filed Map No ................. Lot No .................. is returned herewith and disapproved on the 'following grounds..(~...'..e~.. ~.--~.....~.~.~_~./..~.'. ~1 ~.~.. ~~.~.(~.~ ~ ~~..~~.~. ~..~. ~. , ~~. ~ ..... ~~~~ .. . ~. ~~ ................... Building Inspector RV 1/80 Examined ................ , 19... FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N,Y. 11971 TEL.: 765.1802 Approved ................. 19... Permit No ............ Disapproved a/c ..................................... OF HEALTH ........ suRvr.¥ .... ~.~' ...... c,,EcK .... ~. SEPTIC FORM . .~.. ........... NOTIFY CA~L ....7~: .... MAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT Date .... 19 INSTRUCTIONS a. Tiffs application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, w,d~ 3 -;ets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appLi- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of tliis application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throu-~hout the work· ¢. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector· ' APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York:, and other applicable Laxvs, Ordinances or Regulations. for the construction of buildings, additions or alterations, or for removal or demolition, as herein described· The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ~ -25. '~.,~.r?. ~. o....~..~5,..~.~/.<, . ...... (Signature ot applicant oz; ~ar~e', ir'Y/o;pdrlnon) '-'~~.~. _,5/_. _~/, ' // ~'d' ' .............. :: ..... 7 ........ ~ .............. (Madmg address of applicant) State whether applicant is owner, lessee, agent, architect, eng~neer_~eral contractor~, electrician, plumber or builder· ........................................ id' ;;i i. 5;i 41'"ii .... ii'i"' Name of owner of remises . ..'~?.'5'~i'°//;~,eD.~ a,~' '~')'~-.~.. . (as on the tax roll or latest deed) It' applic.~porat~.~signature of duly authoriz.~d officer. . ' (Name and title of corPorate officer) ~ ~. ' . ~ Builders License No...~..~..~.o .~..c~,~.. ~ - Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ................... Location of land on which p p work ~vill be d ' . .... · one.ro osed · · .. . ~/~ .~.~o ...... . /.s ~o-o ............................ ............................... H b St .................................. ouse Num er reet Hamlet County Tax Map No I000 Section //~/ // ~-' · . Block Subdivision ..................................... Eiled Map No. (Name) .............. Lot ............... State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .~7~. ~.?..?.~e.~,~.~<~.~ .~::~..<~:..).<~:.a.~...~m.. b. Intended use and occupancy , 3. Nature of work (check which aP,.,cable): New Building .. ~ .... Addition...,,~...; . Alteration Repair .............. Removal .............. Demolition .............. Other .. 4. Estimate'd Cost .... .~ .... , ......................... Fee .................. 5. If dwelling, nulnber of dwelling units (to be p, aid on filing this application) If garage, numbcr of cars ......... · '. ..... nmber of dwelling units on each floor.. If business. Commercial or mixed occupancy, specify/~na~turc and extent of each type of use 7. Dimensions of existing structures if any: Front...~/.c,;z. . Rear Dimensions of same structure with alterations or additions: Front ............... Depth ..... · ................ Rear ...... 8. Di .mensiops of entire new construction.~r--~-- ",~y~7 .............. c~un~5~r of ~tories ..................... Hmght ./~. ...... Nu · -,~,t .. ,/., .......... Rcar . .~.q ......... Depth .~'.4~. ....... ..... ,-- nber of Stones ...~. ......... ; .......... · ..... Zone or u-- ~' ..... ' ','.' ,' .......... .... r~ame of Former Owner . .Ztq..~ ....... 12. Does proposed construction violate any zoning law, ordinance or regulation· . ~ ' . 13. Will lot be regraded .... ..... ~ ................... Will ex?ess fill be removed from remises: Yes "~ .... · · ~ ......... ,", ress~ .......... Phone No. ~l~f ........ z~aL ~etland. ~YBS .... NO .... yess aoucno~.u 'i'own Trustees Permit may be required. PLOT DIAG RAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions fror: property hnes. Give street and block number or description according to deed, and show street names and indicate whethe interior or comer lot. · . . ......................................... being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. ( o ;rac;irl agent ............ . corporate officer, etc.) ~f said Owner or owners, and is duly authorized to pe,rform or have performed tile said Work and to make and file this :pPlication: that all statements contained in this application are true to the best of his knowledge and belief;and that the york will be performed in the ma~qner set forth in thc application filed therewith. ;worn to before me this ................. day of.. <- ...... 19 PuBuc, S]Ar£ OF N~ ...N~. :._52-46§5242 SUFFOLK (Signature of applicant) JUL p l'ewn TOWN OF SOUTHOLD, NEW YORK DECISION OF BUILDING INSPECTOR ^PPEAL No. :J DATE /5/90 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ............... of ............................. Name of Appellor~t Street and Number Southampton NY 11968 HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED 3/8/90 WHEREBY THE BUILDING INSPECTOR DENIED TO (x) (x) Name of Applicant for permit of . 33 .W.: .S,.e.c.ond ..St_r..e.~t..¢....R..,i.,v...e.r. head/. ............ .,N..e..w...y..o..r...k' Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY 13500 Mazn Rd., ~ttztuck ~3 Street /Hamlet / Use District on Zoning Mop District 1000 Section 114Block1] Lot05 ~ . .................................................................................. burren~ 0whet Joseph & Betty Earcl¥ Mop No. Lot No. Prior Owner 2, PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article IX Section 1 00-91 (A) (1) (2) 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (~r~l~otXbeen made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (×) request for a variance and was made in Appeal No ................................. Dated 6/1 7/88 ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Applicants wish to continue use of on property. second residential structure ~orm ZB! (Continue on other side) REASON FOR APPEAL Continued ~3 ~1 V t ! ~ I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~ ~Wql! IItodl~e~. Applicant has expended over ten thousand ($10,000) dollars to re- furbish and restore to residential use a pre-existing structure that was most recently used as a pet grooming salon. 2. The hardshipcreated is UNIQUE and isnotshared by all properties alike in the immediate vicinity of this property and in this use district because The neighboring lots fronting on Main Road (four[4] lots lying easterly and five [5] lots westerly) have an average (approx.) lot width of 158 feet, none being of lesser width than the subject property and a single lot having the same approximate width. The subject structure is pre-existing; the property fronts Main Road in a commercial/mixed use area. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CPIARACTER OF THE DISTRICT because The property is located in the "HB" zone. The District permits a broad range of uses including two family dwellings, multiple dwellings, boarding houses, office and restaurants. The area surrounding this parcel contains commercial and mixed uses and is intensibly developed. COUNTY OF SUFFOT.K ) ~re 'JOSEP Sworn ,othis )~Di~ dayof ...... ~1;!...... ............................... 1990 JUUA H. LUL Notaly Public, State of New Ym'k Notary Public No. 4872284 Qualified ie Suffolk County TOWN OF SOUTHOLD PROPERTY RECORD CARD OWN ER STREET V l LLAGE DIST. SUB. LOT ~)WN. ER 7~ W~'~f' N . ;,-~ E ACR. . S W ~PE OF BUILDING RES. ~ S~S. VL. FARM /CO~.-~ / CB. MICS. , Mkt. Velue / ~ND , IMP. TOTAL ., DATE R~RKs AGE BUILDING CONDITION N~ NOR~L BELOW ABOVE FARM Acre Value Per V~lue Acre Tillable FRONTAGE ON WATER Wo~land FRONTAGE ON ROAD Meadowland DEPTH ~ ~ House Plot BULKH~D D~K Totel ~ ~ ~ ~ COLOR TRIM M. Bldg. Extension Extension Extension Porch Porch Breezeway Patio Basement Ext. Wa s ~ecreation Room O.B. Total Fire Place ~ ,.~ //~. [., ~ ype Roof Dorffler ! Bath ~lnterior Finish -leaf Rooms 1st Floor ~,ooms 2nd Floor Driveway nette PLANNING BOARD MEMBERS Bennett Orlowski. Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kennelh L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York t 1971 Fax (516) 765-1823 March 18, 1992 Joseph and Betty Hardy Hardy Plumbing and Heating 1654 North Highway Southampton, NY 11968 RE: Site Plan for Joseph and Betty Hardy Main Road, Mattituck Zoning District: Hamlet Business (HB) SCTMg 1000-114-11-5 Dear Mr. & Mrs. Hardy: The Planning Board has received your revised site plans dated January 31, 1992. The following changes must be made to the site plan before the Board can proceed with its review: The width of the entrance driveway must be increased to sixteen feet to permit two way traffic. 2. Add Parking calculations to the site plan. Handicapped parking space must be shown using new American Disabilities Act (ADA) requirements. Parking space number nineteen [19) is unusable as it backs into the buffer area. Use of parking space number eleven (11) will create a conflict with the use of the overhead door entrance to the storage building. 5. The Dumpster's location should be noted. 6. The percentage of landscaping shall be shown as well as a landscape plan. The southernmost Buffer area must show six foot (6') evergreens ten feet (10') on center planted in a staggered row. The plan must indicate the use of part of the front building for a fast food restaurant. Show location of sign on front of the business building indicating that all parking is to be in the rear. 10. Show any proposed outdoor lighting. In addition to the above, you must obtain approvals from the Suffolk County Department of Health Services (Wastewater and Water Supply) and New York State Department of Transportation (Curb Cut). A variance is also required for the proposed storage structure. The proposed storage building has insufficient side yard setback for either an accessory or a principal building in this zone. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Victor Lessard, Principal Building Inspector PLANNING BOARD MEMBERS Bennett Orlowski, .Ir., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765~1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO~I~F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 k~lgust 4, 1992 Joseph and Betty Hardy Hardy Plumbing and Heating 1654 North Highway Southampton, NY 11968 RE: Site Plan for Joseph and Betty Hardy Main Road, Mattituck Zoning District: Hamlet Business (HB) SCTM9 1000-114-11-5 Dear Mr. & Mrs. Hardy: The Planning Board has not heard from you in response to the Board's March 18, 1992, request, (copy enclosed), for changes to your proposed site plan. Please indicate the current status of this project and, further, whether if you wish the Board to keep this application active. Very truly yours, Bennett Orlowski, Jr. /- ' Chairman cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Victor Lessard, Principal Building Inspector PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr. and Mrs. Joseph Hardy 132 Fish Cove Road Southampton, New York 11968 January 21, 1992 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Re: Proposed Site Plan for Hardy Plu~nbing & Heating S/S/o SR 25 opposite Wickham Avenue, Mattituck, SCTM ~ 1000-114-11-05 Dear Mr. and Mrs. Hardy: This office has not received a response to its December 10, 1991 letter, a copy of which is enclosed for your convenience. If you need assistance in determining how to proceed or if you have any questions, Valerie Scopaz, Town Planner, will be able to assist you. Sincerely, Bennett Orlowski, Jr. Chairman Enc. cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Victor Lessard, Principal Building Inspector PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, .Ir. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 P. Edward Reale, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street P.O.Box 398 Riverhead, New York 11901 December 10, 1991 Proposed Site Plan for Joseph & Betty Hardy S/S/o SR 25 opposite Wickham Avenue, Mattituck, SCTM ~ 1000-114-11-05 Dear Mr. Reale: At its public meeting on December 9, 1991, the Planning Board adopted the following resolution. BE IT RESOLVED that the Planning Board takes Lead Agent. BE IT FURTHER RESOLVED That the Planning Board finds that it is unable to make a determination of significance because of additional information that has been brought to the Planning Board's attention during the coordinated review: to wit, The site plan shows the use of the accessory garage as an apartment, which use has been denied by the Zoning Board in the last appeal before it. The site plan must be revised to show a proposed use other than an apartment. A variance is needed for the proposed structure. The proposed storage building has insufficient side yard setback for either an accessory or a principal building in this zone. The Planning Board hereby requests that the applicant provide a corrected site plan and sufficient information for this Board to complete the environmental review. Please submit eight copies of the revised site plan and any additional information that may be applicable to this office. If there are any questions, Valerie Scopaz, Town Planner, will be able to assist you. Sincerely, Enc. cc: Bennett Orlowski, Jr. Chairman Coordinating Agencies: Gerard P. Goehringer, Chairman, zoning Board of Appeals Victor Lessard, Principal Building Inspector Judith T. Terry, Town Clerk Vito Minei, Suffolk County Department of Health Services Commissioner Jorling, NYS Dept. of Environmental Conservation John Falotico, NYS Dept. of Transportation Applicant TO: Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Jmes Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 FROM: DATE: SUBJECT: BOARD OF APPEALS TOWN OF SOU~OLD iNTER-DEPARTMENTAL MEMORANDUM Bennett Orlowski, Jr., Chairman Southold Town Planning Board Jerry G oehringer ~~Y November 18, 1991 Supervisor ("awn Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Your Informal Inquiries Received November 1, Project Reference: Hardy Plumbing & Heating SCTM ~1000-114-11-5 at Main Road, Mattituck Zone District: Hamlet Business (NOTE: Betty Hardy at Mattituck, only. 1991 This response shall be used in the Matter of Joseph and Parcel ID 91000-114-11-5.) Your inquiries concerning the above project have been received. Since its submission, Mrs. Hardy was again today referred to the Appeals Office by both the Building Inspector (Curt Horton) and Planning Board Office (Valerie Scopaz). Mrs. Hardy has not been able to receive answers to the following questions: (a) does she need a building permit to make interior alterations for a proposed third tenant as a Boutique Shop? (b) does she need a Certificate of Occupancy for each new tenant of the front building if the occupancy or use changes? Both her questions and yours will hopefully be answered on the following pages, taking into account the following notations: 1. The proposed building as shown on the August 4, 1989 plan on file with the Planning Board and pending at this time (as prepared by Peconic Surveyors & Engineers, P.C.) was deleted from the Z.B.A. plans as authorized by Mr. R~ale, attorney for Mr. and Mrs. Hardy, and therefore'Was withdrawn from consideration. ~ 2. The maps before you are not appropriate for processing since they do not show the uses as recently approved and PaTe 2 - Nove!~r 18, 1991 To: Planning Board Re: Hardy Project at Mattituck Zone District: HB modified by the ZBA. The area shown for retail occupancies do ~9.~ .~pear to be incorrect, and the store dimensions and front hi, ding setbacks are believed to be preexisting of zoning. 3. Also to our knowledge, the nonconforming use of the front yard area for parking is also preexisting of the zoning code. 4. The size of this parcel is 21,906 sq. ft. The square footage of the front building has not structurally changed, and is, to our knowledge, validly preexisting. The tenants and occupants of the internal portions of the building have changed several times over the last 35 years (i.e. retail stores, luncheonette, pizzaria, personal service shop, business office, and others uses permitted under the code at that time). With reference to question Mi of your memorandum: It is apparent that the proposed building does not meet the setback requirements of the Code (accessory or principal). Therefore the site plan should either be revised to delete this storage building from consideration by the Planning Board, or be held in abeyance until such time as the appeal process begins (i.e., the Building Inspector should issue a Notice of Disapproval - a copy of the building permit application was filed with the Building Department on April 4, 1989; copy attached for reference). Each department should require as part of their files a construction diagram to determine conformity with height provisions of the Code. Since a variance is needed for setbacks, we will request this information at the time of filing of the variance, if you prefer. Other questions concerning its use, as it relates to the accessory or principal use provisions, should also be asked. (The building permit and site plan applica- cations should be revised to include these questions.) Today Mrs. Hardy delivered to the Building Department an application for a building permit (copy attached) for minor interior changes to the center store. The ZBA does not believe it would be appropriate for any department (other than the Building Department) determine whether or not a building permit is required for minor interior alterations within a building. This is within the purview of the Building Inspector. We have in the past understood that permits were required in the past for placements of counters and the like for safety reasons under the NYS Construction Code. A new Certificate of Occupancy should also be required for each new tenant/occupant. Pa~e 3 - November 18, 1~91 To: Planning Board Re: Hardy Project at Mattituck Zone District: HB This would help to assure not only the town but also the occupants of compliance and limitations under the NYS Construction Code and other applicable rules and regulations at the time of new tenancy. The issuance of a Certificate of Occupancy for a change of tenancy may not, in our opinion, be disapproved unless there were an increase or expansion of the commercial areas (The Pre-C.O. issued April 10, 1980 indicated that there were retail stores in the front commercial building. It also made reference to the number "two," which was for two tenants or occupants within the same building complex. The actual floor area of the stores have not increased since 1957 to the best of our knowledge. And we all know that zoning may not be used to control ownership or tenancies.) 3. Your last question concerns the painting of two parallel parking spaces in front the commercial building. In speaking with A1 Bachman, Engineer with the NYS Department of Transportation, it is his opinion that if the elimination of diagonal parking were agreeable by the owner, the NYS DOT would not be disagreeable since it would be an improvement. Mr. Bachman suggested that a copy of our decision, together with the map existing parking area be referred to the NYS Department of Transportation. (Alternatively, in the worst case scenario, the DOT would, of course, supercede the Planning Board or any other town ~gency.) Please keep in mind that the existing diagonal parking has been in existence for over 35 years, and with the owners' consent, will be improved by the elimination of backing-out onto the highway (at the least). To summarize the above, this project will: a) require amended site plans maps (should not affect SEQRA) b) require compliance of the "accessory building" which was improperly converted over the years c) require a variance as to setbacks of the proposed storage building d) require a referral by the Building Inspector to the NYS DOT pursuant to General Municipal Law, Section 239K e) require a Certificate of Occupancy in the name of the new tenant or occupancy for each unit in the commercial building certifying the use and any building alterations f) not be permitted to expand or increase the commercial building floor area in the future (unless variances are obtained) g) require a Certificate of Occupancy for the two-family dwelling, after compliance with the conditions imposed under Z.B.A. Appl. Nos. 3958 and 2959 dated September 12, 1991 h) require a Certificate of Occupancy for the existing accessory building, after removal of the kitchen and dwelling facilities ~a~e 4 - Nover~r 18, 1991 To: Plannin~ Board Re: Hardy Project at Mattituck Zone District: HB i) be subject to a determination by the Building Inspector as to the requirement for a building permit under the NYS Construction Code and other laws for any and all occupancies of the buildings. GG:lk PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Lathara, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 BIOJl PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS . _ t.~ Supervisor T~W~ Hall, 53095 Main Road P.O. Box 1179 Southotd. New York 11971 Fax (516) 765-1823 December 10, 1991 P. Edward Reale, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street P.O.Box 398 Riverhead, New York 11901 Re: Proposed Site Plan for Joseph & Betty Hardy S/S/o SR 25 opposite Wickham Avenue, Mattituck, SCTM # 1000-114-11-05 Dear Mr. Reale: At its public meeting on December 9, 1991, the Planning Board adopted the following resolution. BE IT RESOLVED that the Planning Board takes Lead Agent. BE IT FURTHER RESOLVED That the Planning Board finds that it is unable to make a determination of significance because of additional information that has been brought to the Planning Board's attention during the coordinated review: to wit, The site plan shows the use of the accessory garage as an apartment, which use has been denied by the Zoning Board in the last appeal before it. The site plan must be revised to show a proposed use other than an apartment. A variance is needed for the proposed structure. The proposed storage building has insufficient side yard setback for either an accessory or a principal building in this zone. The Planning Board hereby requests that the applicant provide a corrected site plan and sufficient information for this Board to complete the environmental review. Please submit eight copies of the revised site plan and any additional information that may be applicable to this office. If there are any questions, Valerie Scopaz, Town Planner, will be able to assist you. Sincerely, Bennett Orlowski, Jr. Chairman Enc. cc: /Coordinating Agencies: ~ Gerard P. Goehringer, Chairman, zoning Board of Appeals Victor Lessard, Principal Building Inspector Judith T. Terry, Town Clerk Vito Minei, Suffolk County Department of Health Services Commissioner Jorling, NYS Dept. of Environmental Conservation John Falotico, NYS Dept. of Transportation Applicant APPEALS BOARD MEMBERS Gerard P. Gochringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 iNTER-DEPARTMENTAL MEMORANDUM TO: Bennett Orlowski, Jr., Chairman Southold Town Planning Board FROM: Jerry Goehrin~er ~~~ DATE: November 18, 1991 SUBJECT: Your Informal Inquiries Received November 1, 1991 Project Reference: Hardy Plumbing & Heating SCTM ~1000-114-11-5 at Main Road, Mattituck Zone District: Hamlet Business (NOTE: This response shall be used in the Matter of Joseph and Betty Hardy at Mattituck, only. Parcel ID ~1000-114-11-5.) Your inquiries concerning the above project have been received. Since its submission, Mrs. Hardy was again today referred to the Appeals Office by both the Building Inspector (Curt Horton) and Planning Board Office (Valerie Scopaz). Mrs. Hardy has not been able to receive answers to the following questions: (a) does she need a building permit to make interior alterations for a proposed third tenant as a Boutique Shop? (b) does she need a Certificate of Occupancy for each new tenant of the front building if the occupancy or use changes? Both her questions and yours will hopefully be answered on the following pages, taking into account the following notations: 1. The proposed building as shown on the August 4, 1989 Plan on file with the Planning Board and pending at this time (as prepared by Peconic Surveyors & Engineers, P.C.) was deleted from the Z.B.A. plans as authorized by Mr. Reale, attorney for Mr. and Mrs. Hardy, and therefore was withdrawn from consideration. 2. The maps before you are not appropriate for processing since they do not show the uses as recently approved and Ua'ge 2 - November 101991 To: Planning Board Re: Hardy Project at Mattituck Zone District: HB modified by the ZBA. The area shown for retail occupancies do not appear to be incorrect, and the store dimensions and front building setbacks are believed to be preexisting of zoning. 3. Also to our knowledge, the nonconforming use of the front yard area for parking is also preexisting of the zoning code. 4. The size of this parcel is 21,906 sq. ft. The square footage of the front building has not structurally changed, and is, to our knowledge, validly preexisting. The tenants and occupants of the internal portions of the building have changed several times over the last 35 years (i.e. retail stores, luncheonette, pizzaria, personal service shop, business office, and others uses permitted under the code at that time). With reference to question ~1 of your memorandum: It is apparent that the proposed building does not meet the setback requirements of the Code (accessory or principal). Therefore the site plan should either be revised to delete this storage building from consideration by the Planning Board, or be held in abeyance until such time as the appeal process begins (i.e., the Building Inspector should issue a Notice of Disapproval - a copy of the building permit application was filed with the Building Department on April 4, 1989; copy attached for reference). Each department should require as part of their files a construction diagram to determine conformity with height provisions of the Code. Since ~a variance is needed for setbacks, we will request this information at the time of filing of the variance, if you prefer. Other questions concerning its use, as it relates to the accessory or principal use provisions, should also be asked. (The building permit and site plan applica- cations should be revised to include these questions.) Today Mrs. Hardy delivered to the Building Department an application for a building permit (copy attached) for minor interior changes to the center store. The ZBA does not believe it would be appropriate for any department (other than the Building Department) determine whether or not a building permit is required for minor interior alterations within a building. This is within the purview of the Building Inspector. We have in the past understood that permits were required in the past for placements of counters and the like for safety reasons under the NYS Construction Code. A new Certificate of Occupancy should also be required for each new tenant/occupant. P&~e 3 - November L991 To: Planning Board Re: Hardy Project at Mattituck Zone District: HB This would help to assure not only the town but also the occupants of compliance and limitations under the NYS Construction Code and other applicable rules and regulations at the time of new tenancy. The issuance of a Certificate of Occupancy for a change of tenancy may not, in.our opinion, be disapproved unless there were an increase or expansion of the commercial areas (The Pre-C.O. issued April 10, 1980 indicated that there were retail stores in the front commercial building. It also made reference to the number "two," which was for two tenants or occupants within the same building complex. The actual floor area of the stores have not increased since 1957 to the best of our knowledge. And we all know that zoning may not be used to control ownership or tenancies.) 3. Your last question concerns the painting of two parallel · parking spaces in front the commercial building. In speaking with A1 Bachman, Engineer with the NYS Department of Transportation, it is his opinion that if the elimination of diagonal parking were agreeable by the owner, the NYS DOT would not be disagreeable since it would be an improvement. Mr. Bachman suggested that a copy of our decision, together with the map existing parking area be referred to the NYS Department of Transportation. (Alternatively, in the worst case scenario, the DOT would, of course, supercede the Planning Board or any other town agency.) Please keep in mind that the existing diagonal parking has been in existence for over 35 years, and with the owners' consent, will be improved by the elimination of backing-out onto the highway (at the least). To summarize the above, this project will: a) require amended site plans maps (should not affect SEQRA) b) require compliance of the "accessory building" which was improperly converted over the years c) require a variance as to setbacks of the proposed storage building d) require a referral by the Building Inspector to the NYS DOT pursuant to General Municipal Law, Section 239K e) require a Certificate of Occupancy in the name of the new tenant or occupancy for each unit in the commercial building certifying the use and any building alterations f) not be permitted to expand or increase the commercial building floor area in the future (unless variances are obtained) g) require a Certificate of Occupancy for the two-family dwelling, after compliance with the conditions imposed under Z.B.A. Appl. Nos. 3958 and 2959 dated September 12, 1991 h) require a Certificate of Occupancy for the'existing accessory building, after removal of the kitchen and dwelling facilities ~ge 4 - November 11991 To: Planning Board Re: Hardy Project at Mattituck Zone District: HB i) be subject to a determination by the Building Inspector as to the requirement for a building permit under the NYS Construction Code and other laws for any and all occupancies of the buildings. GG:lk Examined FORM NO. t TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 7651802 .\pproved 19. Permit No.. Disapproved a/c ..................................... Bg~.D OF HEALTII CIIECK .................... SEPTIC FOR,H .............. CALL ................... flAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT Date .... /J./I. '.,g. ....... , 19q./ INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, wit? ) ets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets >r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- :ation. c. The work covered by this application may not be c[mmenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit hall 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 hall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the luilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or ~,egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. 7he applicant agrees to comply with all applicable laws, ordinances, building code, housing code and regulations, and to · dmit author/zed inspectors on premises and in building for necessary inspections. [1 /~...~..'.~ ... (Mailing address of applicant) ~tate whether applicant is oxvner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ......... ..................................................... . .................. '~ame ofownerofpremises . .Jo.$P--,P.~ ~ .~A.rrT'.l ~h.~By (as on the t.a~ roll or latest deed) i:' 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 ...................... Location or land on which proposed work will be done.. ],~..,5.tQO... ]~.F) I~..'~ h ~.3.1~ ~ .'L-T..I.T~C,k~.i. ~.: ~.o.. llouse Number Street Hamlqt Connty Tax lVlap No. '1000 Section ......... )./..IJ ...... Block ..... ]J Lot Subdivision.. ................................... Filed *lap No .... Lot (Name) .......................... State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ...T..~.'TUoO...-'~.u. 511',1~..5,5 ............... 3. Nature of work (check which applicable): New Building .......... Addition .......... Alteration . ~ ...... Rep;fir .............. Removal .............. Demolition .............. Other Work ............... 4. Estimated Cost .. . (Description) ' ' ................ Fee ...................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units -- - Number of dwelling units on each floor ...... · If garage, number of cars .... ~ .... · ......... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use /~&-'W.,Ot4. ~..'f'O?~.... 7.- Dimensions of existing structures, if any: Front... · · · H tgi N b f Start ............ Rear .............. Depth ......... e ~t ...... um era es ..... '"' Dim ia ors ith Itc ................................................... ens ns amestructure w a rations or additions: Front Depth ................. Rea: . ...................... Height ... "". ............. 8 Din sio of ti ................... Number of Stories ......... · ~en ns en re new construction: Front .......... R ............. ..... ear ............... Depth ............... _H. eiglit ............... Number of Stories ..... Size of lot: Front ...................... Rear ...................... Depth .................. i. ' ' zD;tnee °/r2~dh~s~;mt in w~i~c~ p~'remmes are situated..· )~m.~ 7!.F..°..r~.er Owner .~'/,~/~£.~. ,~7~/]t~__ ...... ' Does proposed construction violate any zoning law, ordinance or regulation /5/I:D ............... ~fla~l ': to fb;::~;¢d;fdp r;~ni~/sdOs' :d'd; ~ ;~ ':; ' t~ i~ ........ Will excess fiH be removed from premises; Yes .... .... Address ... Name of Architect . .'... ~. ..................... Address ........ .~.~ ......... Phone No' .............. Name of Contractor f}gfflX.~..]~l'{.,.T~e.., ........ Address /llglO. ~k.. ~l~lrtlllr,.g. Phon No ......... - ....... 15. Is this property within 300 feet of a tidal wetland? *Yes ........ No · If yes, Southold Town Trustees Permit may be required. ... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. 10. 11. 12. 13. 14. TATE OF N~O~_R~ //~- S S ou:,rr¥ OF .27:~.~ L.~.... · . ......... .... ( e of inilividual signing contract) ........ }ave named. sworn, deposes and says that he is the applicant :is the .......................... {~.~ U (Contractor, agent, corporate officer, etc.) ................ said owner or owners, and is duly authorized to perform or have performed the said Work ~nd to make and file this plication: that all statements contained in this application are true to thc best of his knowledge and belief; ~rk will be performed in the m~ner set forth in the application filed therewith, and that the 'om to before me this ................... "' '~ ............ ,19..~ ' '> " . / _ .... _ .... ....... 5 W o~:,c'[," £ INSPECTORS Victor Lessard Principal Building inspector Curtis Horton Senior Building Inspector Thomas Fisher Building Inspector Gary Fish Building Inspector Vincent R. Wieczorek Ordinance Inspector Robert Fisher Assistant Fire Inspector Telephone (516) 765-1802 OFFICE OF BUILDING INSPECTOR TOVWN OF SOUTHOLD SCOTT L. HARRIS, Supervisor Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: SUBJECT: DATE: PLANNING BOARD VICTOR LESSARD, BUILDING DEPARTMENT SITE PLAN FOR JOSEPH & BETT~ HARDY OCTOBER 23, 1991 Pre-Co done for Nickolas Kouros on April 10, 1980 indicates property contained a one family dwelling and two (2) retail stores. Action to correct third (3) store required. Violation still exists on conversion of accessory garage to habitable quarters. Application to legalize same has just been denied by Zoning Board of Appeals. Proposed Building of 2400 square feet has insufficient sideyard set-back and requires favorable action from Zoning Board of Appeals to remain. Property's of over 20,000 square feet require a side yard of 5'-0 up to a 39,990 square foot property. ZBA should determine if main or accessory building. All these conditions should be addressed before proceeding with the site plan. VL:gar cc to: Zoning Board of Appeals PLANNING BOARD MEMBERS Bennett Orlowski. Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 MEMORANDUM TO: FROM: RE: Gerard P. Goehringer, Chairman Zoning Board of Appeals Bennett Orlowski, Jr.~'1~ Proposed Site Plan for Hardy Plumbing & Heating S/s/o SR 25 opposite Wickham Avenue, Mattituck, N.Y. SCTM # 1000-114-11-5 ZBA Appeals No. 3959-SE As Amended on 1-10-91. DATE: October 31, 1991 On OCtober 21, 1991, the Planning Board started the environmental coordination for this project. However, the enclosed memorandum from the Building Department raises some questions which should be answered before the Planning Board proceeds with the environmental and site review. It would be most helpful if your Board could provide a detailed response to the points raised in the attached memorandum that pertain to matters under your jurisdiction, specifically, whether the proposed storage building should be considered a principal use or an accessory use (and structure); whether the third retail business can be issued a Certificate of Occupancy based on the September 12, 1991 decision on Appeal 3959-SE or a prior decision of the Zoning Board; In addition to the questions raised in the attached memorandum, one concern of the Board is that Condition #2 of the decision on Appeal 3959-SE requires the striping of two parallel parking spaces in front of the retail stores. Part of the property in the front yard lies within the right of way for State Route 25. Implementation of this condition will require a coordinated review, environmental and otherwise, with the New York State Department of Transportation. If our past experience with the State is any indicator, it will not be possible to obtain State permission to designate parking spaces within the right of way for SR 25. After we have received your response, we will ask the applicant to provide suitably revised site plans. The environmental coordination started on October 21, 1991. However, these questions must be addressed before the Board can reach a determination. Encl. cc: Victor Lessard, Principal Building Inspector . INIgPECTORS Victor Lessard Principal Building Inspector Curtis Horton Senior Building Inspector Thomas Fisher Building Inspector Gary Fish Building Inspector Vincent R. Wieczorek Ordinance Inspector Robert Fisher Assistant Fire Inspector Telephone (516) 765-1802 SCOTT L. HARRIS, Supervisor Southold Town Hall P.O. Box 1179, 53095 Main Road Southold; New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD TO: FROM: SUBJECT: DATE: PLANNING BOARD VICTOR LESSARD, BUILDING DEPARTMENT SITE PLAN FOR JOSEPH & B~TTf HARDY OCTOBER 23, 1991 Pre-Co done for Nickolas Kouros on April 10, 1980 indicates property contained a one family dwelling and two (2) retail stores. Action to correct third (3) store required. Violation still exists on conversion of accessory garage to habitable quarters. Application to legalize same has just been denied by Zoning Board of Appeals. Proposed Building of 2400 square feet has insufficient sideyard set-back and requires favorable action from Zoning Board of Appeals to remain. Property's of over 20,000 square feet require a side yard of 5'-0 up to a 39,990 square foot property. ZBA should determine if main or accessory building. Ail these conditions should be addressed before proceeding with the site plan. VL:gar cc to: Zoning Board of Appeals/ OCT 2 3 1991 SOUTHOLO TOWN PLANNING BOARD PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you i~ your respoDse. Requested Action: SEQRA Classification: ( I Type I ( ~ Unlisted Contact Person: pO ~:~ F (5/~)_76521938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: ( ~TThis agency wishes to assume lead agency status for this action. ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. ( See comments b~low). Comments: Please feel free to contact this office for further information. cc: ~oard of Appeals ~Building'Department Southold Town Board ~Suffolk County Dept. of Health Services · ~YSDEC. S~B~o~k ~YSDEC - Albany ~l-~rmy Corp ~~ ~N.Y.S. Dept. of Transportation * Maps are enclosed for your. review Coordinating agencies Sincerely, Chairman State Environmental Quality Review SHORT ENV RONMENTAL ASSESSMENT For UNLISTED ACTIONS Only PART I Project Information (To be completed by Applicant or Project sponsor) Counw ~ New ~ExDansron ~ Modification/alteration [] Yes [] .NO l~ No, describe briefly [] Resident,al [] Industrial [] Commercial [] Agriculture [] Parkland/open space [] OIher 10. Does a ion involve~a D. ermiUapproval, or funding, now or uJtimately, from any other governmental agency (Federal, state or Iocai)~' . ~Ye$ ~ . No If yes, list agencvfs) and permit/a~:lrova[s . ' [] Yes [] NO If yes. list agency name and permit/approval type I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS [RUE TO THE BESTOE/~tY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE ARTHUR H, KUNZ DIRECTOR OF PLANNING Town of Southold Zoning Board of Appeals September 26, 1991 Applicant: Joseph & Betty Hardy Mun. Pile No.: 3958 & 3959SE S.C.P.D. Pile No.: SD-91-17 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Use of the accessory structure for residence purposes appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance/special exception criteria. Alternative relief appears warranted as set forth. Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article XlII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: X Variance from the Zoning Code, ArticleIX , Section 100-92 Variance from Determination of Southold Town Building Inspector, Special Exception, Article , Section Special Permit Appeal No.: ~licant: Mr. & Mrs. Joseph Hardy Location of 3A9~ec~:~ Land: 13500 Main Road, Mattituck, NY County Tax Map Item No.: 1000- 114-11-5 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway,'Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right'of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to increase degree nnnconformance of lot area. of Copies of Town file and related documents enclosed for your review. Dated: September 25, 1991 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O'F SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765~1800 September 25, 1991 P. Edward Reale, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street P.O. Box 398 Riverhead, NY 11901 Re: Special Exception No. 3959-SE and Variance No. 3)59 ~ Applications for Joseph and Betty Hardy ~ ' Dear Mr. Reale: Please find attached for your records copies of each of the above determinations rendered by the Board of Appeals at our September 12, 1991 Meeting. Very truly yours, Linda Kowalski Enclosures Copies of Decisions to: Southold Town Building Department Southold Town Planning Board 9 NORTH MAIN STREET EAST HAMPTON, N.Y. 11937 516-324-1200 PETER M. MOTTO' HERMON J. El/SHOP LiSA C. KOMBRINK MARY C. CSONIN JOAN C. HATI=IELDo MICHAEL A. SIRIGNANO Gerard Goehringer, Jr., Chairman Southold Town Zoning Board of Appeals Town Hall Main Road $outhold, New York 11971 September 6, 1991 Re: ADDlication of JoseDh and Betty Hardy Mattituck, New York Dear Mr. Goehringer: Enclosed please find two prints of the survey showing the lot coverage calculation that was requested at the public hearing on the above-referenced application. If you require anything further, please call. Very truly yours, P. Edward Reale PER:JML Enclosures Page 27 - August 15, 1991 Public Hearing - Lawrence Cerv0n Southold Z.B.A. MR MCDERMOT, cont'd: also made the point that the Cervon buildings existing and proposed probably would not, states they would not exceed the 20% ~llowable site coverage. But, if all this construction which~'is at the south end of the property were considered I think very likely that would cover about perhaps 35 to 40% of the south end of the property. And I am sure in any event the addition would contribute to a cramped and over built appearance no matter how good the taste is the architects tastes and design could be fine, however, it would be pushed to the limit. Now point four, Mr. Samuels made that this addition should have no effect on our future plans or property or value property. Well that may be his opinion. My opinion is the opposite. It would have an effect. He also states that the addition would improve the value of existing properties. Well, I'm sure you good gentlemen might give it a little thought, perhaps, something along the line of Joyce Killman. Something about the beauty of a tree. Well I assure you at least for me, that no structure no matter how fine it is, would satisfy me more than looking at the bay. Thank you gentlemen. CHAIRMAN GOEH~INGER: Thank you Mr. McDermot. Is there anybody else who would like to speak against this application? Any questions from Board Members? Hearing no further questions I make a motion closing the hearing reserving decision until later. Ail in Favor - AYE. Appl. No.: 3958, 3959 Applicant(s): Mr & Mrs Joseph Hardy Location of Property: 13500 Main Road, Mattituck, County Tax Map No.: 114-11-5 NY The Chairman opened the hearing at 8:55 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey indicating produced by John T. Metzker, land surveyor the most recent date I have it as May 14, 1991 indicating the cement block building with approximately three stories, two used for retail use, one an office, business office, a house with two apartments, a framed cottage in the rear that with an apartment in it. I should mention for the record that this Board did view these premises last year and we and I would ask the attorney for the applicant. Would you like to be heard? MR REALE: Good evening Members of the Board. My name is Ed Reale, attorney for the applicants, Joseph and Betty Hardy. Page 28 - August 15, 1991 Public Hearing - Mr & Mrs Joseph Hardy Southold Z.B.A. MR REALE, cont'd: As Mr. Chairman had mentioned this property is located in the town's hamlet business district. It's on the south side of the Main Road just to the east of the large turn in the middle of' Mattituck. It's in probably the most intensely developed part of maybe the whole Town of Southold. All of this is clear from the record that's in front of you and it's on the survey. All of the buildings that are currently on that site from which you've seen all pre-exist zoning in the town. There's a certificate of occupancy that indicates that all these structures were there prior to 1957 when zoning was enacted in the Town of Southoldo CHAIRMAN GOEHRINGER: The structures, but not the uses in the structures. MR REALE: Yes, that's correct. CHAIRMAN GOEHRINGER: Okay. MR REALE: The buildings themselves. Nothing new has been built. CHAIRMAN GOEHRINGER: Nor was the nature of this application that storage building in back is that correct? MR REALE: That's correct. CHAIRMAN GOEMRINGER: Sorry. MR REALE: The reason we're here tonight is the Hardy's are seeking permission to essentially legitimize the continued use of the house which has two apartments in there and the cottage structure that's in the back in the rear of the property which is a small apartment as well. It's a residence, a one bedroom residence. The reason we have a special exception application in as well as a variance is that in this hamlet district under provisions of 91B4 of the town code we have a special exception that is permitted from the town for apartments above stores or above offices. This application would meet all of those requirements as set forth as you know special exception, a special permit all is necessary for the applicant to do is to meet the standards in order to be granted that permit. In that department, we qualify for the special permit, we are not detached by the few feet it is from the store, it's in fact directly behind the store, which is the only thing that raises a question whether it can be the special exception permit or not. Where as the apartment just moved over the store or is connected it would meet the special exception requirements for that part Page 29 August 15, 1991 Public Hearing - Mr & Mrs Joseph Hardy Southold Z.B.A. MR REALE, cont'd: of it. The apartment in the back rather the cottage that's in the back is also it's been there for many, many years pre-existing zoning. The I'll have Mr. Hardy is here tonight explain Go you further what's been done to the cottage and some history of the cottage but prior to that again, I make it very clear that this pre-exists zoning, it was already there. It was separate water disposal sewage system for each structure for separate well systems for both the cottage and the two apartment house that's in the front. As far as what surrounds this property, I'm sure everyone here is familiar with what's on the Main Road it's for everyone to see to the, immediately to the west of this property there's quite a large office retail complexes, it appears to me to cover the entire lot with either parking or a store is quite a larger bigger than the subject application. Immediately to the east is a southwestern restaurant it's a house that's converted to a restaurant with an apartment above it. Across the street there's a liquor store and some offices and dry good other business uses, business type uses. The entire area is very intensely developed. I submit one copy of the town zoning code that from that area that indicates the sizes of the lots and intensely developed it is. This lot is not really any different than any of the other lots there as far as the size and the amount of development in the area. CHAIRMAN GOEHRINGER: Thank you sir. MR REALE: So in effect there's not going to be any problem with the neighbors here it's not a situation where having some business uses in an area that's going to impinge upon a residential district. Additionally as far as the special exception concept goes I think it's very clear that the spirit and the intend that the town had in creating that was to make some rental housing available without the need for developing land. I think this fits very nicely into that. They're two small apartments into both each one bedroom. You have the floor plans in the file. It's certainly within the spirit of that. It doesn't create any new structures, it's not anymore intensely developed then if you had a large family, one family house. I think that's very much with keeping with the concept of this special permit for an apartment. The cottage in the back is also very small it's a one bedroom upstairs, it's two stories, but it's a bedroom upstairs and just a living space down below. CHAIRMAN GOEHRINGER: Are all three structures rented, are they being used now, I mean the Hardy's were kind enough to take us in the, actually we went in all three at one time last year when, I think there was even snow on the ground Page 30 - August 15, 1991 Public Hearing - Mr & Mrs Joseph Hardy Southold Z.B.A. CHAIRMAN, cont'd: that day, I don't remember if it was this year or last year it doesn't really make any difference but one of the apartments was not Tented at the time. But they are all rented now? ~ MR REALE: Yes. Furthermore on the survey that's in the file you will note that there's an area that hasn't all been some of it's open in the back. It's all been out there for parking, there's certainly more than enough off street parking to accommodate the small structure, the small residential structures as well as the stores and office that are there. According to our surveyor there's room for 19 cars on the lot. That's more than adequate for three small apartments, it's certainly more than the code calls for. For three small apartments as well as the stores that are there. I'd like to ask Mr. Hardy to tell you a little bit about the history of the house, application that you have. MR HARDY: Good evening. CHAIRMAN GOEHRINGER: How do you do? MR HARDY: I have some pictures of the existing structures before we started that I'd like to present here. CHAIRMAN GOEHRINGER: Approximately, was this just after you purchased the property Mr. Hardy? MR HARDY: Yes. I purchased that from Charlie Zahra in 1987. At the time, I was told that there would not be a problem getting a c/o on the cottage. I went to the Building Department, got a building permit explained to Mr. Lessard exactly what we were going to do with the property. He advised me that I was going to have to come before the Board to get an approval on the cottage. And I ended up investing over $200,000 in the property and set up the apartments and what I understand the zoning had changed from single family to two family during that time I think in 1988, so we made an apartment upstairs and between the mortgage and the taxes and everything else I kind of structured it so that I would break even on the property. As far as interior; as you know, we redid kitchens, carpeting, the whole outside of the little buildings, new roofs, roof on the front building, new heating systems, new cesspools, and whatever site work needed to be done. CHAIRMAN GOEHRINGER: Is there presently a c/o on the main dwelling? Not that, for what a one family house? MR HARDY: Yes. Page 31 - August 15, 1991 Public Hearing - Mr & Mrs Joseph Hardy Southold Z.B.A. MR REALE: Here's the current c/o. CHAIRM3~N GOEHRINGER: MR REALE: Yes. That's a~copy for us? Thank you. CHAIRMAN GOEHRINGER: Is there anything, sorry Mr. Hardy, is there anything else you would like to add? MR REALE: No. What was, was there a two family in the .... MR HARDY: Originally from what Charlie had told me it was, there were two families in there before two families were legal and I think there was a complaint or something about it and the Board or somebody went in and he had a kitchen upstairs and a kitchen downstairs but he rented to one family at that time. When I purchased the property there was a pet grooming which was commercial and I was advised by the Building Department that that was definitely not legal and I should have them move to another location. MR REALE: And that was in the cottage. MR HARDY: Right. That's correct. MR REALE: Now what was the cottage structure like then when you bought it? MR HARDY: The cottage was set up as an apartment. The pet grooming just left it as an apartment with a refrigerator, kitchen, cesspool, well and fully carpeted. And we just went inside and did renovations to the structure. CHAIRM3~N GOEHRINGER: And you're asking us again to legitimize three retail, quasi business retail stores and three apartments, is that correct? MR REALE: Well. CHAIRMAN GOEHRINGER: Two in the house and the rear one? MR REALE: Currently there's a c/o for the three retail stores, that's not an issue. CHAIRMAN GOEHRINGER: I understand. No I'm not making it an issue, but I'm just trying, it being all encompassing anyway. Okay, go ahead. MR REALE: Yes ultimately what we'd like is approval for the second apartment in the house and the cottage in the back Page 32 - August 15, 1991 Public Hearing - Mr & Mrs Joseph Hardy Southold Z.B.A. MR REALE, cont'd: which was apparently a cottage many years ago as well. Mr Hardy, whom I know is a plumber, tells us that the plumbing in that cottage is about 20 years old or older. So that was used as anlapartment, he bought it as such to legitimize that as well I think that, to obtain approval so that can be used as a residence. So there would be one residence in the back and a two family house and a special exception however the Board wants to look at that. That the second apartment was in the house. Now this doesn't require adding anything to the house. As it has always been configured, just a wasted item inside, internally. As you can see from those photographs, there's been enormous improvement that piece of property, I stopped by there again tonight to look at it. It's a big improvement over what use to be there and I think it actually adds a little something to part of the town, part of Mattituck it's kind of marginal. I mean there's some vacant pieces there and there's a piece next door that's been cleaned up. It looks nice. I think it actually adds something to that area. As you know very often you find when that happens it has a domino effect. There are some other pieces there aren't looking quite so good I think this has a positive impact. I don't see how it would have any effect on the neighbors or on the neighborhood in general other than positive effect. The Hardys were presented with this as kind of a given assuming that this all could be taken care of, it was all there. The yard was adequate, septic was adequate, the water. I don't see any reason why request to get a building permit. CHAIRMAN GOEHRINGER: I'll see if the Board has any questions. Do you gentlemen have any questions on this applicant? MEMBER VILLA: What's the percentage of lot coverage? CHAIRMAN GOEHRINGER: I don't know if it was calculated, Bob, hamlet business district. Let's see. It's not shown on, let's see, I don't see it indicated here. It doesn't appear to be, do you have it? MR REALE: I don't want to take a guess but I can have the surveyor supply you with that. CHAIRMAN GOEHRINGER: Supply us with that. This is a very difficult situation in the respect that we, there's no doubt you have spent a lot of money on this property, Mr. Hardy, we had discussed this the day that we met with you. I mean we're aware of that situation. Having lived in Mattituck most of my life, summers, coming out here since 1948, I was a year old and certainly well aware of what existing there and Page 33 - August 15, 1991 Public Hearing - Mr & Mrs Joseph Hardy Southold Z.B.A. CHAIRMAN, cont'd: how Nick Kouros built it and what existed prior to Charlies first, before Charlie Zahra owned, Gene Gioni owned, along with the tavern next store and then he sold it to Charlie Zahra and then Charlie Zahra sold it to you. For the life of me and for the record I never new that back cottage to have anything more in it then Mr. Kouros was in the camera business and the back cottage to my knowledge or that back garage which I new to be a peck room was simply was a dark room and he used it for his camera supplies. The store he had was relatively small and that was my knowledge that he used that for. I had no idea how the second apartment got into the front house or to what degree it got in. All I can tell you is the Kouros were a fairly small family and I didn't think they utilized that entire house themselves. And that's all I can pretty much tell you about it. But I remember since the late 50's early 60's. I've been living out here permanently since 1964, 65 and spent a lot of time every week at the Bohack of course is the building to the west side which is now the bicycle shop, the insurance agency and so on and so forth and that's all I can pretty much tell you. But we'll see what we can do for you that's all we can do. We appreciate you coming in. MR HARDY: Okay. I appreciate it. CHAIRF~%N GOEHRINGER: We appreciate all your help and we thank you Mr. Reale. MR REALE: Okay. Thank you very much. CHAIP/~J~N GOEHRINGER: Pleasure meeting you sir. Is there anybody else who would like to speak concerning this application? Seeing no hands I make a motion closing the hearing reserving decision until later. Ail in Favor - AYE. ~o~~ ~ Southold Town Pla~n9 Board Town Ha~l Southold, NY 11971 Joseph & Bet~y Hardy 132 Fishcove Rd. Southampton, NY 11968 August 16, 1991 Dear Memb~ of the Board: We are ~ng th~ l~er to thank you for yoar t~e and ~ind conside~on at the August 15th meeting wherein oar prop~y at 13500 M~in Road, M~uck was reviewed. We understand and appre~e yoar concerns about this situation. There are a few points concerning the property that we feel it necessary to elaborate on and hope that you will all weigh these point~ before rendering your decision. As you are aware, when we purchased this property from Mr. Zahre in 1987, the buildings and grounds were in dire need of renovation. The house ~ an unkept roach infested d~mp occupied by at least five unre~ed adu~. The cot~ge was being used as a p~ grooming parlor. By secu~ing an equity loan on oar home in excess of $125,000.00, we were able to make the much needed ~mprovemen~ on the stores, the house and the cottage. In doing so, not only have we made a positive impact on the area but ~o provided three exceptionatly nice living spaces at reasonable rental~es, in an area where decent affordable apa~ents are not easily obtained. Cutlery, there i~ a young couple residing in the cottage, a single man in the downstairs of the house, and a single man in the upsti~s of the house. All are established and content in clean w~ll- kept apa~e~. We p~de o~ves on maint~ning this prope~y to the ~ost, and to th~s point have spared no expense in doing so. Improvements were made only to s~uct~es that were existing and in use at the time of oar purchase of the property. We were led to believe that these were legit~ate and acceptable uses. The extent of our expenditure for improvements was based on projected rental income produced by all pre-existing dwel~ngs. It was never our intent to over- step any zoning or usage rest~ictions. Our intent was simply to invest in a piece of re~l estate, improve it to the benefit of all concerned, break even on the expenses for the time being and hopefully, down the road, see it build some equity for oar family's futare. Live the "Old American Dream" as they say. As it stands now, our mortgage payment, equity loan payment, taxes and maintenance fees tot~ $63,000.00 pl~ per year. The rental income for the three stores and the three apa~ents total $53,000.00 per year providing there is f~ll occupancy as we have currently. Therefore, to lose even one rental would seriosly jeop~dize o~ ability to c~y wh~ is ~eady a heavy financi~ b~den. We sincerely hope that, after caref~ consid~on and review of the before and after_j~_h_ot?grad~hs (included here~i~) of the property as w~ as the fa~ presented at the he~ing along with o~r eu~ent financial situation and se~imen~ expressed in th~ l~er, you w~l g~nt o~ application for the ~ses requested. Thank you kindly. Sincerely, Joseph and Betty H~dy APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 4, 1991 P. Edward Reale, Esq. Twomey, Latham, She & Kelley 33 West Second Street, Box 398 Riverhead, NY 11901 Re: Appl. Nos. 3958V and 3959SE - Joseph and Betty Hardy Dear Mr. Reale: This letter is a follow-up to our telephone confirmation today with your secretary, Joan. The above applications have been calendared for public hearings to be held before the Board of Appeals at our next hearings calendar (mid-July). In the interim, the square footage calculations of each dwelling unit should be furnished for the record as early as possible, together with a copy of all town building permits and/or certificates of occupancy for the subject garage, which was converted to pet-grooming and later converted to dwelling use. Also, please be aware that the "proposed building 18' high, building area 2,400 sq. ft." is not the subject of these pending applications and therefore has been deleted from the map and reviews by the Board. Should a permit be applied for in the future for the "proposed building" and a variance be necessary, a separate application will be required. Confirmation of the time and date will be sent to you by way of a copy of the Legal Notice, as published by our office in the L.I. Traveler-Watchman and Times-Review newspapers. You should feel free to call our office at any time to update your file on other possible developments. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN lk TWOMEY~ LATHAM~ SHEA ~ KELLEY ATTORNEYS AT LAW 33 WEST SECOND STREET P.O. BOX 398 I~IVERHEAD~ NEW YORK 11901 516-727-2180 TELEFAX:516-727-t767 IvlAY 28 9 NORTH MAIN STREET EAST HAMPTON. N.Y. 11937 516-324-1200 PETER M. MOTT'S' HERMON J. BISHOP LISA C. KOMBRINK MARY C. CRONIN JOAN C. HATFIELDt3 MICHAEL A. BIRIGNANO May 23, 1991 Gerard Goehringer, Jr., chairman Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Application of Joseph and Batty Hardy Mattituck, New York Dear Mr. Goehringer: Enclosed please find seven copies of the survey map depicting the structures on the property together with their current uses as requested by your Board. Since I believe this is the only remaining information that your Board requires, please let me know when the matter will be scheduled for public hearing. Thank you for your cooperation and assistance in this application. Very truly yours, Po Edward Reale PER:JML Enclosures THOMAS A TWOMEY JR STEPHEN B t-ATHAM JOHN F SHEA. HI CHRISTOPHER D. KELLEY LAWRENCE M STORM' MAUREEN T LICCIONE DAVID M. DUBIN*' p EDWARD REALE PETER M MO~+ HERMON J BISHOP LISAC. KOMBRINK -ALSO ADMITTED IN CONNECTICUT · ,ALSO ADMITTED IN LOUISIANA *ALSO ADMITTED IN MARYLAND TWOMEY, LATHAM, SHEA &; KELLEY ATTORNEYS AT LAW 33 WEST SECOND STREET PO BOX 398 9 NORTH MAIN STREET EAST HAMPTON, N.Y 11937 516-324-12OO September 13, 1990 Gerard P. goehringer, chairman Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Application of Joseph & Betty Hardy Gain Road, Mattituck, New York Dear Mr. Goehringer: Pursuant to request made by the Board, enclosed please find floor plans for buildings located at the above address. Now that this final submission has been delivered we would ask that the matter be placed on the hearing calendar. Please contact me so that we can arrange to have someone available to assist the Board in its site inspection. Very truly yours, p. Edward Reale PER:mp Encs. ,/ / THOMAS A. TWOMEY. JR. STEPHEN B. LATHAM JOHN F. SHEA, III CHRISTOPHER D. KELLEY I-AWRENCE U. STORM * MAUREEN T. LICCIONE DAVID U. DUBIN P. EDWARD REALE PETER M. MOTTt HERMON J. BISHOP LISA C. KOMBRINK MARY C. CRONIN JOAN C. HATFIELDD TWOMEY~ LATHAM~ ~HEA & KELLEy ATTORNEYS AT LAW 33 WEST SECOND STREET P.O. BOX 398 I 5 991 9 NORTH MAIN STREET EAST HAMPTON. N.Y. 11937 516-324-1200 Gerard P. Goehringer, Chairman Zoning Board of Appeals Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: ADDlication #'S 3958V and 3959SE AoDlication of Joseph and Betty Hardy Dear Mr. Goehringer: Enclosed please find a revised zoning variance application for the above-referenced applicant which has been amended pursuant to your suggestion. The revised application requests dimensional variances from Section 100-192 for insufficient lot area to permit the continued use of the additional apartments. With respect to the special exception requested, since the applicant is requesting that the Board grant approval for the multiple dwelling permitted in the HB district, we wish to proceed on the application for special exception for multiple dwelling, while seeking variances for the dimensional limitations. As stated in your letter, we are resubmitting this application under the same file numbers for which filing fees have already been paid and would ask that you proceed with your review and a hearing on the matter. Gerard P. Goehringer, Chairman January 10, 1991 Page Two Thank you for your cooperation and assistance in this matter. PER:db Encs. Very truly yours, P. Edward Reale APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 24, 1990 P. Edward Reale, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street P.O. Box 398 Riverhead, NY 11901 Re: Appl. No. 3958V and 3959SE Applications for Joseph Hardy Dear Mr. Reale: During the on-site inspection, it was noted that several uses exist at the site, both retail-business and residential. As you know, the premises is located in the Hamlet-Business (HB) Zone District and contains a total area of 21,906 sq. ft. In reading the applications on file for the Special Exception and the Variance, it appears that the requests made therein were taken from the March 8, 1990 Notice of Disapproval from the Building Inspector. There are other areas which were not included in the March 8, 1990 determination, and it would be appropriate to address these areas prior to our publication in the local newspapers and provide you with an opportunity to amend your application accordingly. Sections 100-91B(2 & 4) as applied in the Special Exception are requests "to permit second accessory apartment over stores or alternative multiple dwelling" as applies to the HB Zone District. Section 100-91B(2) authorizes multiple dwellings by Special Exception, and the Bulk Schedule requirement (100-92) for the HB Zone District limits the permitted number of such uses to the extent of 20,000 square feet of lot area per unit. Based on the square footage of this parcel at 21,906 sq. ft, the additional (two) residential uses will require variances as to insufficient lot area. Page 2 - October 24, 1990 To: P. Edward Reale, Esq. Re: Appl. Nos. 3958V nd 3959SE - Hardy Section 100-91B(4) authorizes accessory apartments over retail stores and business by special exception subject to those requirements listed at Subsections (a) through (f). The accessory apartment request is not located over a retail store or business. The Special Exception application does not appear to be appropriate in this project. You may, if you wish, re-submit your application under the same file numbers (for which filing fees were paid), or in the alternative, you may request a refund for both applications since no hearings have been held at this point. Should you prefer the Board to proceed with a hearing, after proper notice, we would do so, without the benefit of a refund should the outcome be unacceptable. Please let us know how you wish to proceed, and if you are re-submitting the application forms, please be sure to provide the maps with the existing buildings and existing uses labeled for each building. We are enclosing copies of the zoning provisions above referred for your convenience. Very truly yours, lk Enclosures § 100-91 ZONING § 10~91 ///~i/Uses permitted by special exception by the Board of Appeals. ( / The following uses are permitted as a special exception by the "----' Board of Appeals as hereinafter provided, subject to sire plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-31B(3) to (6) and (14) and (15) of the Agricultural Conservation District. (~)~Multiple dwellings and townhouses. - Motel and hotel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential (RR) District, except that minimum lot size shall be three (3) acres. [Amended 7-31-1990 by Ord. No. 16-1990] ~/[Amended 12-12-89 by L.L. No. 23-1989] Apartments ( -/ may be permitted over retail stores and business, professional and governmental offices, subject to the fo]lowing requirements: (a) The explicit written approval of the Town Fire Prevention Inspector shall be obtained for the design, location, access and other safety-related elements of every such apartment. No apartment shall be permitted over filling stations, stores retailing flammable or fume-producing goods, restaurants or other businesses with kitchens or other facilities producing intense heat or any other establishment which the Fire Prevention Inspector determines to peee a greater-than-average built-in fire risk. (b) The habitable floor area of each apartment shall be at least four hundred fifty (450) square feet, but in no case more than seven hundred fd~y (750) square feet. The apartment shall not be located on the first floor of the building, and the apartment shall contain all services for safe and convenient habita- tion, meeting the New York State Uniform Fire Prevention and Building Code and the Sanitary Code. 10077 § 100-91 (c) (d) (0 SOUTHOLD CODE § 100-91 There shall be no more than three (3) apartments created or maintained in any single building. Each apartment, or common hallway servicing two (2) or three (3) apartments, shall have a separate access to the outside of the building, which must be distinct from the access to uses on the first floor. Each apartment shall have at least one (1) on-site off- street parking space meeting the standards of this chapter, conveniently located for access to the apartment. Only the owner of the building in which it is proposed to locate the apartment(s) may apply for this special permit. The Board of Appeals shall require that such applicant execute such agree- ments, contracts, easements, covenants, deed restric- tious or other legal instruments running in favor of the town as, upon recommendation of the Town Attorney, the Board shall determine to be necessary to ensure that: [1] The apartment, or any proprietary or other interest therein, will not be sold to the tenant or any other party, except as part of a sale of the entire building in which the apartment is located. [2] [8] [4] The apartment is made available for year- round rental. The apartment is properly constructed, main- tained and used, and unapproved uses are excluded therefrom. Any other condition deemed reasonable and necessary to ensure the immediate and long- term success of the apartment in helping to meet identified housing needs in the community is complied with. 10078 s- ~- ~o MINIMUM ~ SIZE (~q~m~e feot~ (xii) LIO /~ numerals refer to the sppheable column in the Res dentlal Bulk ~chedu e. x~ror multiple dwelling, hotel, motel and/or conference uses (where permittedL this table refers to minimum lot s ze per unit, Refer to the Residential Bulk 8chodule for total lot size. y~xi and sethaek dlmensmn~ tot the apphoable dmtrmt, unle~ mor~restrictive requirements are indicated in the text of the cha ter. [Amended 8-1-89 by LL. No. 14-1989] P APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 28, 1991 P. Edward Reale, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street, Box 398 Riverhead, NY 11901 Re: Appl. Nos. 3958V and 3959SE - Joseph and Betty Hardy Dear Mr. Reale: This letter will acknowledge receipt on February 15, 1991 of your recent letter with amended appeal application and amended neighbor notice forms. This will also confirm that you have authorized, by telephone to me this week, a modification under Paragraph #2 of the appeal form (ZB1) to Section 100-92 (instead of 100-192). As mentioned to you, these applications will be placed on the hearings calendar for the March 22, 1991 Regular Meeting, provided we receive seven prints of a.map with the required use information by March 6, 1991. In the event you are not able to furnish the maps by this advertising deadline, we will carry the subject applications to the next calendar of hearings. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supetviso~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 September 27, 1990 P. Edward Reale, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street P.O. Box 398 Riverhead, NY 11901 Re: Appl. No. 3958V and 3959SE Application of Mr. and Mrs. Joseph Hardy UTM 91000-114-11-5 Dear Mr. Reale: Thank you for your recent letter with sketches of the floor plan layouts of the front business section, two dwelling unit areas, and rear cottage. Please confirm as to whether the board may conduct an on-site inspection of the buildings and premises on Saturday, October 20,'1990 at approximately 10:00 a.m. Also, in reviewing the file, it ~as noted that the survey su]mnitted depicts a pet grooming use in the existing accessor~ building and also depicts a proposed building further to the rear of the premises. It is requested that in the interim six prints of a corrected map be furnished for appropriate reviews and processing which show the existing buildings and label the uses of each. Please do not hesitate to contact us in the event the above date is not convenient. Thank you. Very truly yours, GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD Gerard P. Goehringer, Chairman Charles Grigonis, Serge Doyen, .Ir. Joseph H. Sawicki James Dinizio, .ir. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 September 27, 1990 P. Edward Reale, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street P.O. Box 398 Riverhead, NY 11901 Re: Appl. No. 3958V and 3959SE Application of Mr. and Mrs. CTM91000-114-11-5 Joseph Hardy Dear Mr. Reale: Thank you for your recent letter with sketches of the floor plan layouts of the front business section, two dwelling unit areas, and rear cottage. · Please confirm as to whether the board may conduct an on-site inspection of the buildings and premises on Saturday, October 20,'1990 at approximately 10:00 a.m. Also, in reviewing the file, it ~as noted that the survey submitted depicts a pet grooming use in the existing accesser~ building and also depicts a proposed building further to the rear of the premises. It is requested that in the interim six prints of a corrected map be furnished Eot appropriate reviews and processing which show the existing buildings and label the uses of each. Please do not hesitate to contact us in the event the above date is not convenient. Thank you. Very truly yours, GERARD P. GOEHRINGEH CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.O..R.A. TYPE II ACTION DECLARATION August SCOTF L. HARRIS Supervisor Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 15, 1991 Appeal No. 3958 Project/Applicants: County Tax Map No. Location of Project: Mr. & Mrs, QgsQph 1000- 13500 Main Road, Hardy Mattituck Relief Requested/Jurisdiction Before This Board in this Project: Increase the degre~ of nonconformance of lot area. 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 be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr ~ ) SS: ~OUNTY OF gUFFOLK) .1~ ~un~, being duly ~om, ~ t~t he/~ · P~l~ Clerk of THE SUFFOLK TIMES, a Weekly ~w~plpir, pubJbhed ~t M~ttltuc~ In ~e Town ol ~utho~ ~un~ of Suffolk and State of New Yo~ lad ~t ~e Notke ~f Wch ~.ld Newspaper once each week for / wltkl successively, commencing on the ~ ally of Prl~lpll ~effi 4 NOliCE tS HEREBY G1VEN. Law and the Cocte of the Town of Legal... lore. Location 48150 Main Road, S~l~old, ,¥Y; Catty l'sa Map No. t C0~70-07-10. ?:35 p.~, AppL No. 4044 ~ WILl. lAM. AILEEN ANO JO~N btee~way a~[ ga~t~c ~hich ~ be cay: 415 FUb~in's Bcach R~, tics. ~c. (I931); ~u~ty Tax Msp 7:53 p.a_ Ap~l. No. 404g -- 8~T LEWIS. ~g. V~aece to ~¢ 1~-32 aad Amclc XXIV, S~n · y~,o~d ~dcr A~. No. 3491. m~ IM permission undc~ Special ~cepd~ ~o. 3491 (ZBA resolutioa ~d~tcd I~.~ 25, ~ll ~ misted offi~f, ~a~on of ~:~N= 2~S~ 11910 ~g~ ~ty T~ [~WRENCE CF~VON Va~ to ~flty T~ Map Parcel N6. [~H 12~11-2L ~cmzc ~c dcl~ce of a~for- apt~oval of a ~rd dw~g conjunction ~ muMptc ~cati~ of pr~i~s: 135~ Main Road. Ma~tuck. ~abj act pa~l ~O ~S. IOS~I[ H~Y, S~- 91B~4) to ~R ~ ~ iCCel- ~s mu~ dw~ . 8:50 p.m. AppL No 4)39-- _.CLIFFSIDE ASSOC[ATES. for an ~ ~ ~: 61475~ty d~g For mo~ info~a~on, ~c*~c call ~G~ TI~2-ITA8 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, AUG- UST 15, 1991, commencing at the times specified below: 7:30 p.m. Appl. No. 4043-- JOHN H. AND GAYLE BIRK- MIER. Special Exception to the Zoning Ordinance, Article III, Section 100-308(16) for permis- sion to establish "Bed and Breakfast Use~' an owner-oc- cupied building, other than a hotel, where lodging and break- fast is provided for not more than six casual, transient ! roomers, and renting of not~ more than thrce rooms on th~ second-floor of the ~dsting dwelling structure.. Location: 48850 Main Road, Southold, NY; County Tax Map No. 1000- 70-07-10. 7:35 p.m. Appl. No. 4044--- WILLIAM, A1LEEN AND JOHI~PARROTT. Variance to the Zoning Ordinance, Article XXIlI, Section 100-239.48 and Article XXIV, Section 100-2448, for approval of deck construc- tion at less than ~/5 feet from the bulkhead and in excess of the 20% lot coverage limitation for all structures. The subject par- cel is substandard in size and is located in the R-40 Zone Dis- trier. Location of Property:. 2435 Cedar Lane, East Marion; County 'Pax Map No. 1000-37-' 4-9. 7:40 p.m. Appl. No. GLORIA LOWERY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4(B) for permission ~o construct open- deck addition to dwelling struc- ture with a setback at less than 75 feet from the bulkhead. The subject parcel is substandard in size and is located in the R-40 Zone District. Location of Pro- percy: 650 Oak Avenue, Southold, NY; County 'Iitx Map No. 1000-77-1-2. Also referred to as Lot Nos. 285, 284, 283, 282, and part of 281 on the Map of Goose Bay Estates (1934). 7:45 p.m. Appl. No. 4045-- MR. AND MRS. THOMAS M. McKEON. Variance to the Zon- ing Ordinance, Article XXIV, Section 100-2448 for permission to construct addition with breezeway and gm'age which will be in excess of the 20~/0 lot coverage limitation. The subject Dan:el is substandard in size and'~ is located ina R40 Zone Dis: trict. Locattf Property: 415 Fisherman's'~Each Road, Cut- chogue; also referred to as Lot 7 on the Map of Peconic Bay Properties, Inc. (1931); Count~ Tax Map No. 1000-111-1-26. 7:53 p.m. App. No. 4048-- BURT LEWIS, JR. Variance to: the Zoning Ordinance, Article! III, Section 100-32 and ArticleI XXIV, Section 100-243 for ap-/ provai of office addition result- ing in an expansion of the exist- COUNTY OF SUFFI STATF. OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been .pLd)lished in saitl Long lslancl Traveler-Watchman .? Notary Public BARBARA A. SCHNEIDER a third dwelling unit in the rear accessory building, both in con- junction with multiple business uses and existing single-family residential unit of this substan- dard parcel. Location of pre- mises: 1~500 Main Road, Mat- tituck, NY; County Tax Map ID No. 1000-114-11-5. The subject parcel is nonconforming in this Hamlet Business (HB) Zone District containing approxima~l one-half acre of total lot area. 8:40 p.m. Appl. No. 3959-- MR. AND MRS. JOSEPH HARDY. Special Exception to the Zoning Ordinance, Article IX, Section 100-918(2)(4) to permit either an accessory apartment or second dwelling unit over stores, or alternatively to permit multiple dwelling use within the existing mixed busiw ness/residential structure. Loc~~ tion of premises: 13500 Main Road, Mattituck, NY; County Tax Map ID No. 1000-114-11-5. The subject parcel is noncon- forming in this Hamlet Business (HB) Zone District containing approximately one-half acm of total lot area. 8:50 p.m. Appl. No. 4039-- CLIFFSIDE ASSOCIATES. Appeal for an Interpretation under the Definition Section of NOTARY PUBLIC, St:'te ol New York No. 4806846 Qualified in Sulfolk Cotjnty/ Commission Expires o° 3.' ~ the Zoning Ordinance, Ar u~c/13e 1,/~' Section 100-13 as noticed to the adjoining property owners, as pertains to dwelling and/or moiel .uses. and the installation of cooking faeiliites. Location of Property: 61475 County Road 48, Greenport, NY; County Tax Map Parcel ID 1000-045-01-001 and 002 (2.0, containing ap- proximately 7.5 acres. Zone Dis- trie. t: Resort Residential (RR). ~l~he Board of Appeals will at said time and place hear any and all persons or representatives de- siring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject bear- ing. Each hearing will not start before the times designated above. For mom information, please call 765-1809. Dated: July 25, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski -l.l~ IX, 8/8/91 (5) formance of the building set- back in the front yard area. The subject parcel is substandard in size and is located in the Agri- cultural-Conservation (A-C) Zone District. Location of Pro- percy: 6920 Main Road, Laurel, NY; County 13x Map No[ 1000-126-01-4.1; also referred'~'6oo as LOt Nos. I & 2 on the Map of George I. 'lhthill (1929). 8:15 p.m. Appl. No. 4041- DONALD AND JEANNE! GRIM. Amendment to Special Exception approval under Appl. No. 3491, in this Light Industrial (LI) Zone District for permis- sion to authorize recycling and salvage facility, excavation and drainage yard (pursuant to Town Board Resolution adopted April 9, 1991, to be used in conjunc- tion with those uses conditional- ly permitted under Special Ex- ception No. 3491 (ZBA resolu- tion adopted June 25, 1986) for. outside stockpiling of material and related offices. Location of Property: Lot No. 2 on the Minor Subdivision Map No. 450 of LB. Glover; 11910 Oregon Road, Cutchogue, NY; Count~ Tax Map No. 1000-83-3-pa~xo~ 4.4, containing 4.59 acres, tTM 8:20 p.m. Appl. No. 4042--/ LAWRENCE CERVON. Vari-} ance to the Zoning Ordinance, Art c e XXIII, Section 100-239.48 for permission to construct addition to dwelling with a setback at ess than 75 feet from the bulkhead. Loca- tion of Property: 8460 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-21. The subject par- eel is substandard in size and is located in the R-40 Zone District. ,5 ¢:~ 8:30 p.m. Appl. No. MR. AND MRS. JOSEPHI HARDY. Variance to the Zon- I lng Ordinance, Article IX, Sec- tion 100-92, for perm s~ion to increase the degree of noncon- formance of the lot area for the establishment or approval of a second dwelling unit in an exist- lng dwe[hng structure and fo~'~ the establis .h.ment or approval of Sworn Ii) heforc me Ihis '~:x "~- clay of Successively, commencing on the ...................... .. 9/.,... lng nonconforming use and in- creasing the degree of noncon-iI once each week for .......... / weeks APPEALS BOARD MEMBERS Gerard P. Goehrmger, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN 0'1: SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GEP~%RD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies of legal notice for August 15, 1991 hearings were mailed to the following 8/6/91: Mr. and Mrs. John H. Birkmier 48850 Main Road Southold, NY 11971 Mr. John L. Parrott Creative Retirement Planning, Inc. 30 Rockefeller Plaza, Suite 4336 New York, NY 10112 Mr. Burt G. Lewis, Jr. P.O. Box 983 Cutchogue, NY 11952 Gary Flanner Olsen, Esq. P.O. Box 706 Cutchogue, NY 11935 (Re: McKeon) Mr. and Mrs. Thomas McKeon 17 Massachusetts Blvd. Bellerose Village, NY 11701 Mr. and Mrs. Donald Grim P.O. Box 300 Cutchogue, NY 11935 Mr. Thomas C. Samuels (Re: Samuels & Steelman 25235 Main Road ~ Cutchogue, NY 11~'35 Cervon) P. Edward Reale, Esq. (Re: Twomey, Latham, Shea & Kelly P.O. Box 398 Riverhead, NY 11901 Hardy) Richard T. Haefeli, Esq. (Re: 184 Main Street P.O. Box 1112 Westhampton Beach, NY 11978 Mr. Robert Coady Mr. James E. Fitz§era]d, 250 Oak Avenue Pr0per-I Services .Southold, NY 11971 P.O. Box 617, Cutch0gue, i (included copy of map of deck & I neighbor notice Re: Lowery) Cliffside) and Mr. Kenneth Tedaldi 130 Jessup Ave. Quogue, NY 11959 Jr. NY 11935 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN ~F SOUTHOLD S.E.O,.R.A. TYPE II ACTION DECLARATION ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 August 15, 1991 Appeal No. 3958 Project/Applicants: County Tax Map No. Location of Project: Mr. & Mrs. Joseph Hardy · 1000- 114-~1-i5 13500 Main Road, Mattituck Relief Requested/Jurisdiction Before This Board in this Project: Increase the degre~ of nonconformance of lot area. 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 be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at [516) 765-1809. tr ~ .JUDITH To TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY. SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 3958. JOSEPH & BETTY HARDY DATE: JULY 5, 1990 Transmitted is application for variance submitted by P. Edward Reale from Twomey, Latham, Shea S Kelley on behalf of JOSEPH & BETTY HARDY together with notification to adjacent .property owners; Notice of Disapproval from the Building Department; short environmental assessment form; Zoning Board of Appeals Questionnaire form; and survey of property. Judith T. Terry Southold Town Clerk 617.21 C Appendix C Slate Environmental Quality Review SHORT EN.VIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONs Only PART ~PROJECT INFORMATION (To be completed by AD,l/cant or Project sponsor) t. APPLI~Nr ,'SPONsoR ~a~y 2. PROJECT NAME 3. PROa~CTLCCA~O,: Main ~ Betty Ha~dy ~""'~'~'"~ Matt/tuck ~ Co,.,~ Suffolk Main Road, Matt/tuck, directly, across from Wickham Road Permit continued use of accessory building SEQR Z. AM(;U;4T OF LAND AFFECTED: ~ tnilial/v . 5 + 5 + 11. STARE OR LOCALJ? Southold Town Zoning Board of Appeals-Variance Southold Town Plannlng Board:Site Plan apProval/Special Exc. %pproval CERTIFy THAT THE INFORMATION PROVIDED ADOVE IS TRUE TO THE BEST OF MY KNOWLEOGE name:_ Joseph D. Hardy ~ ,------__. OVEn " .... ' I 1 (Continued on re:.'erse side) prelect and the likely impact= Of the (b) If any question has been answered Yes the project may be sig~ (c] If all questions have been answered No it is likely that the project ia not significant. 1. Will project resul~ in a larce Physical chan~e than l0 acres of land? 2. Will there be a major chamqe to any unique or ~es X.___~':O 3. Will project alter or have a large effect on ~._Yes 4. Will DrOjec: have a Potentially large imuac= on 5. Will project significantly effec~ drainage flow ~Yes air quall~y? 8. Will project have a major effect on Visual char- Yes 9- Will project adver:e[~ imuact any site or envArcnmentai area by a local agency? ~es [0. Will project have a m~jor effect on exis~inq or Will prO~ec~ result in major ~raffic problems or Will project reqularlM CaUSe objectionable odaru, Will PrOject have any impact on public health Preparer'' Siena,ureaS, ~l., QUESTIONNAIRE TO ~E COMPLETED AND SUBMITTED ~IT[{ YOUR APPLICATION FO~.IS TO TIIE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes~ 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? Yes Yes Are there existing structures at or below ground level, such as patios, foundations, etc? Are there any existing or proposed fences, concrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Y~No Yes N~ If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Yes Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes ~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Site Plan Approval ~ No Yes No Yes No Yes No Yes No Yes No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations conducted upon subject property at this time 3 stores 2 houses and proposed storage building Please submit photographs ~or the record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application. Signature (Property Owner) (Auth~ze~ Agent) ~ Yes the 1/ss WETLANDS [Amended 8-26-76 by L.L. No. '~-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or /nternfittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean Iow tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. begs. salt marsh, swamps, meadows, flat.~ or other Iow lying lands subject to tidal actkm: (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay. black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmalluw and low march cordgrass; ami/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. FRESIIWATER \VETLANI)S: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(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 xvith- in seventy-five {75) feet laudward of the most land- ward edge of a "fi'eshwater wetland." THOMAS A. TWOMEY, JR STEPHEN B LATHAM JOHN F SHEA, III CHRISTOPHER D. KelleY LAWRENCE M. STORM' MAUREEN T. LICCIONE DAVID M DUBtN'' P. EDWARD REALE PETER M MO~T? HERMON J. BISHOP LISA C. KOMBRINK *ALSO ADMITTED IN CONNECTICUT AND FLORIDA · -ALSO ADMITTED IN LOUISIANA ~ALSO ADMITTED IN MARYLAND TWOMEY, LATHAM, SHEA (~ KELLEY ATTORNEYS AT LAW 33 WEST SECOND STREET PO BOX 398 516'727 2180 TELEFAX: 516 727'1767 June 20, 1990 9 NORTH MAIN STREET EAST HAMPTON. N.Y. 11937 516-324-1200 BY EXPRESS MAIL Gerard P. Goehringer, Chairman Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 Re: ADDlication of JosePh & Betty Hardy Dear Mr. Goehringer: Enclosed please find applications for variances and a special exception for property owned by Joseph and Betty Hardy located on the Main Road in Mattituck. Please note that this property has been the subject of review by the Planning Board for site plan approval and, previously by the Zoning Board for variances from a prior zoning classification of the lot. The prior Zoning Board applications did not reach public hearing as Planning Board approval and a re-application to address the zoning district change were necessary. Because of the ample prior review, we are not soliciting new comments from the Planning Board for this application. Gerard P. June 20, Page Two Goehringer, Chairman 1990 If you require anything further, please contact me directly. PER:db Encs. Very truly yours, P. Edward Reale APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 12, 1990 P. Edward Reale, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street P.O. Box 398 Riverhead, NY. 11901 Re: Appl. No. 3958 & 3959 - JOSEPH HARDY Dear Mr. Reale, This Board has received the above captioned applications regarding the property located at 13500 Main Road, Mattituck. We require the following information to complete your file: (a) A floor plan layout of proposed apartment. (b) A floor plan layout of proposed apartment in the 20' X 30' building. Also, please notify this office at 765-1809 at your earliest possible convenience to schedule an inspection on this particular parcel on a Saturday between 9:30 - 10:30 a.m. Very truly yours Gerard P. Goehrigner Chairman ZBA/df THOMAS A. TWOMSY. JR JOHN F. SHEA. Ill CHRISTOPHER D. KELLEY LAWRENCE M. STORM' MAUREEN T. LICCIONE P. EDWARD REALS PETER M. MO~T+ HERMON J. SlSHOP LISA C. KOMSRINK T~VO~IEY, LATHAM, SHEA ~ KELLEY S16-727o2180 TSLEFAX: 516-727-1767 March 6, 1990 9 NORTH MAIN STREET EAST HAMPTON. N.Y. l~S37 S16-324-1200 Mr. Victor Lessard Building Department Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Hardy Property-13500 Main Road, Mattituck, New York Dear Mr. Lessard: Enclosed please find application for Certificate of Occupancy for 13500 and 13550 Main Road, Mattituck (SCTM#1000-114-11-005). As we discussed with you, Mr. Hardy is seeking a Certificate of Occupancy to permit the continued use of a two~{ami~y-~el~g and for a Certificate of Occupancy for the_.apartment_that is now in what is denominated as the garage building in the rear. I have enclosed a copy of the survey map for your reference. We understand that a special exception for an apartment would be required for the two-family use in the main building and that a variance would be required to permit the accessory building to obtain a Certificate of Occupancy for the barn building. However, as you are aware, we are required to obtain a letter of denial from your office in order to make application for the variance. Mr. Lessard March 6, 1990 Page Two If you have any questions about this matter, please call the undersigned directly. Thank you for your attention and assistance in this matter. PER:db E~c. Very truly yours, P. Edward Reale TOWN OF SOUTHOLD Building Department Town Hall southold, N.Y. 11971 765- 1802 'APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter%'R ink, and submit'ted m ~ to the Building Inspec- tor with the following; for new buildings or new use: I. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal-(S.9 form or equal). 3. Approval of electrical installation from Board of Fire Under~vriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- · tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. · 5. Submit Planning Board app,'oval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of p=operty ~owing all properW lines, streets, buildings and unusual natural or topographic features. 2.Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: 1. Certificate of occupancy $25.00 -- BUSINESS $50.00 ACCESSORY $10.00 2. Certificate of-occupancy on pre-existing dwelling $ 50.00 .- '* 3- CopY of certificate of 0ccupancy $ .5.00, over 5 years $10.00 4.Vacant Land C.O. $ 20.00 5.Updated C.O. $ 50.00 Date ...~./../..6./.?.0 New C OhS tz'uc t i orl Old or Pre-existing Building .~. ...... Vacant Land ......... Hou.~ No. Street Ham/er Owner or Owners of Property ........... · CounWTaxMapN°-lOOOSection--~/[¢'7/' '~)~ Block ../.,/.' .~... Lot...~,~3).{~-'' Subdivision ............ ' -- Filed Map No .... ;-~. .... t No. .......... LO C,d, ........ Health Dept. Approval ............. Labor Dept. Approval ....... Underwriters Approval ....... Planning Board Approval Request for Temporary Certificate ..................... Final Certificate ................. Fee Submitted S ............................. Construction on above described building aqdcmrrn~it meets all aD,~l)c~le codes and regulations. Applicant ...~...~ Re,,. 10.10.78 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of Occupancy Date ....Al~.r..1~., .!q .................... THIS CERTIFIES that the building ........................................ . . Location of Property 13500 & 13550 Main Road Mattituck, N.Y, lit~s~ '1~o: ...................................................... Street I'lamler County Tax Map No. 1000 Section .... .1.'l./!. .... Block .... 1..1 ......... Lot ..... .0.0~. ........ Subdivision ............................... Filed Map No. ' ........ Lot No .............. requirements for residential and commercial buildings confonns substantially to the ' ' ' - _ built prior to Certificate of Occupancy · .Aprdl. Z~ ......... ,1~7.. pursuant to which ~ .......... Z9~19 ...... dated ..... April .10 ............. 19 ~0., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is .a...8..:~.g.le .fem_!ly. ~l,~elllng. PLUS..tw.o..I'~.t.~ll. ~.t.o .r.e.a. ................................. The certificate is issued to ........ .~ .i .c.k.o.~..aS..I~0..1~..0.8. ................... i ............ fowner, ~ of the aforesaid building. Suffolk County Department of Health Approval ........... N/t~. ........................ Building Inspector Rev 4/'79 · 3 SETS FORM NO. I SURVEY TOWN OF SOUTHOLDCHECK ?- : '.-4. ?.-9. y. BUILDING DEPARTMENT SEPTIC FORM TOWN HALL NOTIFY $OUTHOLD, N.Y. 11971 TEL.: 765-1802 CALL MAIL Exan,ined . .~. ~.l. p .... 19 .~.~ Approved..~l~l.~ .l..~ .... 19 ~..-/. Permit No./. 0.9 .~. ~. % Disapproved a/c ..................................... (Buildin,, Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining Premises or public streets or areas, and giving a detailed description of layout of property must be drawn on thc diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit sha!l 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 shzll have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necess?Ee4nspections. , . . _ _ ...................... ~3gnatnTe of applicant, 6~ name, if a corporation) (Mailing address of applicant) [.tZ3 ~q333 State whether applicant is~owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. xo -\ ... N Name of owner of premises .-~ P ..... fi. ~.~,T'[. ~ ~ ......................................... (as on the tax roll or latest deed) If applicant Js a corporation, signature of duly authorized officer. (Name and title of corporate officer) . ALL CONTRACTOR'S MUST BE SUFFOLK COUNTY LICENSED Builder's License No....~.~(o ................... Plumber's License No...~'.'.~. ).~..q.3. :.p .......... Electrician's License No ....................... Other Trade's License No ...................... 1. Location of land on which proposed work will be done .................................................. ' House Nmn ber Street llamlet County Tax Map No. 1000 Section .. I.t.q ............ Block . .[[ Lot O O ~" Subdivision ..................................... Filed Map No ....... , ........ Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy (~ ,J't'~L,- ~~ b. Intended use a.d c~ccupancy ..... ~ *"' ' ........... ~ i.';'~ 77",' ..... 7' ?',1': ,;.~ '3 ................. mature'of work (check which applicable): New Building ..... '... '~ .~.~. o. "'~ ~ .......... Alterat~n ..... Repair .............. Removal .............. Demolition ............ Other Work. ~l~[~ .~,~$.. 4. Estimated Cost .~..~) ~OO (Descrip~tion) · (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor .............. If garage, number of cars. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of us6 ~ .~ .'. . 7. Dimensions of existing structures, if any: Front ...... . ..........Rear . ~ .. ........... ~.. Depth ......... Height ............... Number of Stories .................. ' Dimensions of same structure with alterations or additions: Front ................. Rear ..... ........... Depth ...................... Height ...................... Number of Stories .................... Dimensions of entire new construction: Front .......... ..... Rear ............... Depth ............. Height Number of Stories Size of 1~;: ................................................................... Front ' Rear ................... "' ' " .....'.'~ · ' ......... Depth .................... Date of Purchase ............................. Name of Former Owuer ....................... II. Zone or use district in which premises are situated ....................................... iiii ........ 12. D°es pr°posed construction violate any zoning law, ordinance or regulation: .............................. 13. Will lot be regraded ............................ Will excess fill be removed from premises: Yes l' 14. Name of Owner of premises .................... Address ................... Phone No .............. Name of Architect ........................... Address ................... Phone No .............. Name of Contractor ~. t~,e.,~ ........... Address ~.,~.~..u~. ~4m.. ~'.~..Phone No.~l~:.~..a.4,..'7.. 15. Is this ~roperty located within 300 feet of a tidal wetland? *Yes ..... No ~.~.. · If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions fro property lines. Give street and block number or description according to deed, and show street names and indicate wheth interior or corner lot. 9. I0. STATE OF NEW YORK, COUNTY OF ................. S.S ................................................. being duly sworn, deposes and says that he is the applican (Name of individual signing contract) above named. tie is the ........................................................................................ (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file thi application; that all statements contained in this application are true to the best of his knowledge and belief; and that work will be performed in the manner set forth in the application filed therewith. ' Sworn to before me this ............... ~.~day ~f,,.~. ...... .,~..Z~. ~ ...... 19 qS".7 N°tary ~~~. ,- ~z'.f-/P/.C.(. County ,._._, : ... · . . to.r . ~ ~ ~,,~i~i.~. i,._s.ufj_oLkcot~t .... ')q~ ~-11 ............. t- ................ . .No. 41~0530 ~,~, Q,3 ~/ (~ignature of applicant) ~emmi~on u~rea FeDrua~ ~ Ig~ i~SULATION ?ER N. STATE ENERGY CODE Ye FI:~AL ADDITIONA'L CO?.MENTS: above uamed. He is the ........................................................................................ (Contractor, agent, corporate officer, etc.) of saki owner or owners, and is duly authorized to perform or have performed the said work and to make and file thi application; that all statements contained in this application are true to the best of his knowledge and belief; and that tht work will be performed in the manner set forth in the application filed therewith. ' Sworn to before me this ............... . . .da ........ ./,y. ,, ..... , ~ PUSL C, Stale of~ ~ ~ ~mm~n ~r~ Februa~ ~ lg~ , APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 28, 1991 P. Edward Reale, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street, Box 398 Riverhead, NY 11901 Re: Appl. Nos. 3958V and 3959SE - Joseph and Betty Hardy Dear Mr. Reale: This letter will acknowledge receipt on February 15, of your recent letter with amended appeal application and amended neighbor notice forms. 1991 This will also confirm that you have authorized, by telephone to me this week, a mndific~tion under Paragraph ~2 of · the .... ~n~] .... ~ ~]) ~ection 109-92 ~instead of 100-192~. As mentioned to you, these applications will be placed on the hearings calendar for the March 22, 1991 Regular Meeting, provided we receive seven prints of a map with the required use information by March 6, 1991. In the event you are not able to furnish the maps by this advertising deadline, we will carry the subject applications to the next calendar of hearings. Very truly yours, GERARD P. GOEHRINGER APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Sr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supe~isor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 September 27, 1990 P. Edward Reale, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street P.O. Box 398 Riverhead, NY 11901 Re: Appl. No. 3958V and 3959SE Application of Mr. and Mrs. Joseph Hardy UTS ~1000-114-11-5 Dear Mr. Reale: Thank you for your recent letter with sketches of the floor plan layouts of the front business section, two dwelling unit areas, and rear cottage. Please confirm as to whether the board may conduct an on-site inspection of the buildings and premises on Saturday, October 20,'1990 at approximately 10:00 a.m. Alsol in reviewing the file, it ~as noted that the survey stlbmitted depicts a pet grooming use in the existing accessor~ building and also depicts a proposed building further to the rear of the premises. It is requested that in the interim six prints of a corrected map be furnished for appropriate reviews and processing which show J~Mexisting buildings and label the uses of each)~ ~. ~ Please do not hesitate to contact us in the event the above date is not convenient. Thank you. Very truly yours, GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehtinger, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki Jnmes Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 24, 1990 P. Edward Reale, Esq. Twome¥, Latham, Shea & Kelley 33 West Second Street P.O. Box 398 Riverhead, NY 11901 Re: Appl. No. 3958V and 3959SE Applications for Joseph Hardy Dear Mr. Reale: During the on-site inspection, it was noted that several uses exist at the site, both retail-business and residential. As you know, the premises is located in the Hamlet-Business (HB) Zone District and contains a total area of 21,906 sq. ft. In reading the applications on file for the Special Exception and the Variance, it appears that the requests made therein were taken from the March 8, 1990 Notice of Disapproval from the Building Inspector. There are other areas which were not included in the March 8, 1990 determination, and it would be appropriate to address these areas prior to our publication in the local newspapers and provide you with an opportunity to amend your application accordingly. Sections 100-91B(2 & 4) as applied in the Special Exception are requests "to permit second accessory apartment over stores or alternative multiple dwelling" as applies to the HB Zone District. Section 100-91B(2) authorizes multiple dwellings by Special Exception, and the Bulk Schedule requirement (100-92) for the HB Zone District limits the permitted number of such uses to the extent of 20,000 square feet of lot area per unit. Based on the square footage of this parcel at 21,906 sq. ft, the additional (two) residential uses will require variances as to insufficient lot area. Page 2 - October 24, 1990 To: P. Edward Reale, Esq. Re: Appl. Nos. 3958V nd 3959SE - Hardy Section 100-91B(4) authorizes accessory apartments over retail stores and business by special exception subject to those requirements listed at Subsections (a) through (f). The accessory apartment request is not located over a retail store or business. The Special Exception application does not appear to be appropriate in this project. You may, if you wish, re-submit your application under the same file nua~bers (for which filing fees were paid), or in the alternative, you may request a refund for both applications since no hearings have been held at this point. Should you prefer the Board to proceed with a hearing, after proper notice, we would do so, without the benefit of a refund should the outcome be unacceptable. Please let us know how you wish to proceed, and if you are re-submitting the application forms, please be sure to provide the maps with the existing buildings and existing uses labeled for each building. We are enclosing copies of the zoning provisions above referred for your convenience. Very truly yours, lk Enclosures § 100-91 ZONING § 100-91 )Usespermitted by special exception by the Board of Appeals The following uses are permitted as a special excoptio'n by th~ Board of Appeals as hereinafter pro,dod, subject to site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § I00-31B(3) to (6) and (14) and (15) of the Agricultural Conservation District. Multiple dwelling~ and townhouses. . ~(3) Motel and hotel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential (RR) District, except that minimum lot size shall be three (3) acres. [Amended 7-31-1990 by Ord. No. 16-1990] ~.)~ [Amended 12-12-89 by L.L. No. 23-1989] Apartments ~ -~ may be permitted over retail stores and bus/ness, professional and governmental offices, subject to the following requirement~ (a) The explicit written approval of the To;~ Fire Prevention Inspector shall be obtained for the design, location, access and other safety-related elements of every such apartment. No apartment shall be permitted over filling stations, stores retailing flammable or fume-producing goods, restaurants or other businesses with kitchens or other facilities producing intense heat or any other establishment which the Fire Prevention Inspector determines to pose a greater-than-average built-in fire risk. (b) The habitable floor area of each apartment shall be at least four hundred fifty (450) square feet, but in no case more than seven hundred f~y (750) square feet. The apartment shall not be located on the first floor of the building, and the apartment shall contain all services for safe and convenient habita- tion, meeting the New York State Uniform Fire Prevention and Building Code and the Sanitary Code. 10077 ~. as- ~o § 100-91 (e) (d) (e) (t') sOUTHOLD CODE § 100-91 There shall be no more than three (3) apartments created or maintained in any single building. Each apartment, or common hallway servicing two (2) or three (3) apartments, shall have a separate access to the outside of the building, which must be distinct from the access to uses on the first floor. Each apartment shall have at least one (1) on-site off- street parking space meeting the standards of this chapter, conveniently located for access to the apartment. Only the owner of the building in which it is proposed to locate the apartment(s) may apply for this special permit. The Board of Appeals shall require that such applicant execute such agree- ments, contracts, easements, covenants, deed restric- tions or other legal instruments running in favor of the town as, upon recommendation of the Town Attorney, the Board shall determine to be necessary to ensure that~ [1] The apartment, or any proprietary or other interest therein, will not be sold to the tenant or any other party, except as part of a sale of the entire building in which the apartment is located. [2] The apartment is made available for year- round rental. [3] The apartment is properly constructed, main- tained and used, and unapproved uses are excluded therefrom. [4] Any other condition deemed rensonable and necessary to ensure the immediate and long- term success of the apartment in helping to meet identified housing needs in the community is complied with. 10078 9- 2s. 9o l-famib' detath~d dwelling (xii) KEY: LIO lqtrk/l'lnnmnl hight NOTES: FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office · Southold, N.Y. Certificate Of Occupancy No ...... Z99!9 ...... Date ......... .AI~.I't3..!0. .................. . ,19 .~) THIS CERTIFIES that the building ........................................... .. . . . Location of Property 13500.& 13550 Main Road Ha1:1:ituck, N.Y. h~ ~io: ...................... 's't/e~i ....................... fi~,i~ .County Tax Map No. 1000 Section .. 11/~ .Block 11 .... Lot .0.0.5. Subdivisioa ............................... Filed Map No. ' ........ Lot No .............. requiremen1:s for residen1:ial and commercial conforms substantially to the ' ' ' bull1: prior t:o Certificate of Occupancy · .Apr.il. Z~ .......... 1~7.. pursuant to which ~ .......... Z9~1.9 ...... dated ..... April .q0 ............. 19 (30. , was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is .a.. .family. ~elling.plus..two .~.~.a.~!. A~.O .r.e.s. .... - ................ The certificate is issued to ........ .I~$ .c.k.o.! .a.a..Ko.ur.pA .................. ' (owner, ~ .......... of the aforesaid building. Suffolk County Department of Health Approval ........... ~l'/lq. .......................... UNDERWRITERS CERTIFICATE NO ................... [q'/R .......................... . Building Inspector Rev 4/79 TOWN OFSOUTHOLD '': "' :~' ' "' · Building Depa, t,,,ent Town Hall ': southold, N.Y. 11971 765- ].802 'APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewrher'~'R ink. and submitted m emm.~ to the Building Inspec- tor with the following; for new buildings or new use: I. Final survey of property with accurate location of all buildings, property lines, ~treets. and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal--(S-9 form or equal}. 3.Approval of electrical installation from Board of Fire Underwriters. 4.Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and · tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. · 5. Submit Planning Board app,'oval of completed site plan requirements where applicable. B. For existing buildings {prior to April 1957}, Non-conforming uses, or buildings and "pre-exis-ting'° · land uses: 1. Accurate survey of property showing all property lines, streets, buildings and unusual natural or topographic features. 2.Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to I~repare a certificate. C. Fees: 1. Certificate of occupancy $25.00 -- BUSINESS $50.00 ACCESSORY $10.00 2. Certificate pt-occupancy on pre-existing dwelling $ 50.00 -- 3'C°pY°fcertificaze°f°ccupancy $ 5.00, over 5 years $10.00 4.Vacant Land C.O. $ 20.00 New Cons truct ion Old or Pre-existing Building ~ ' ..... · ......... Vacant Land ............. Hou&e No. Street Owner or Owners of Property .......... County Tax Map No. 1000 Section ' Block ' ;- Lot... Subdivision ' Filed Map No LOt No Permit No. ~..~.~./.~... , Date of Permit y//.O~..0~. Applicant Health Dept. Approval ........................ Labor Dept. Approval ...................... Underwriters Approval " Planning Board ................. Approval Request for Temporary Certificate ' ..................... Final Certificate ........ Fee Submitted S ' Construction on above describe,d building aOd'~mrm~it meets all aonl)c~e codes and regulations· ;~ECEIVED TOWN OF $OUTHOLD, NEW YORK JUL Soutkgdd Town Clink TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ............... of ............................. Nome of Appellant Street and Number Southampton NY 11968 ...... ......................................................................................................................... HJ:KI:UY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED 3/8/90 WHEREBY THE BUILDING INSPECTOR DENIED TO (x) (x) ( ) Name of Applicant for permit of 33 W. Second Street~ Riverhea.d./, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...1...3..5..0.9... ~t"~.~.n...Rc]..:!.....L~..~.t..~.~k. .................. [i,.~'.J] ...................... Street /Hamlet / Use District on Zoning Map District 1000 Section ll4BloCkll Lot05 c,~o.~ Owner Joseph & Betty Map No. Lot No. Prio~, Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- ~ reC~ iiOcn]; ndi FXO rag ma p; eOcft tihoen Z o nli %% _O rgdli ~ ~%n~ ~ 113~ (%u;nbe/~?oL,_ n°i °q~te~ 1; e~ r d~_e~/ 3. TYPE OF APPEAL Appeal is made herewith for tFl~ase check appropriate box) (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. ]6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) ~cm:~)cbeen made with respect to this decision of the Building Inspector or with respect to this property. Such oppeol was ( ) request for a special permit (x) request for a variance and was made in Appeal No ................................. Dated 6/1 7/88 ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is r~uested forthe reosonthat Applicants wish to continue use of on property. second residential structure ~ ZB! (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- Applicant has expended over ten thousand ($10,000) dollars to re- furbish and restore to residential use a pre-existing structure that was most recently used as a pet grooming salon. 2. The hardship createdis UNIQUE andisnotshored by all properties alike in the immediate vicinity of this prope~y and in this use district because The neighboring lots fronting on Main Road (four[4] lots lying easterly and five [5] lots westerly) have an average (approx.) lot width of 158 feet, none being of lesser width than the subject property and a single lot having the same approximate width. · The subject structure is pre-existing; the property fronts Main Road in a commercial/mixed use area. 3. The Variance would obsewe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The property is located in the "HB" zone. The District permits a broad range of uses including two family dwellings, multiple dwellings, boarding houses, office and restaurants. The area surrounding this parcel contains commercial and mixed uses and is intensibly developed. COUNTY OF SUFFOLK ) ~ ~ 5ignoture JOSEPF~HARDY J~...~.. k "l~'~ii~ ............... JUUA fL LUL ........... ' ......... Notarlf Public, State of New Yo~ .......... Ouelified in Suffol;'. Count%, RECEIVED JUL 0,5 1990 ~oumold Town Clerk '-TOWN OF SOUTHOLD, NEW YORK C APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Application Date Filed: xF (we), Joseph & Betty Hardy 0f13500 Main Roadt (Resi'dence, House No. and Street) Mattick, New York 11952 (Hamlet,'State, Zip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE 100 , SECTION 91 , ~UBSECTION B(2)(4) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): 13500 Main Road, Mattituck: To permit second accessory apartment over stores or alternative multiple dwelling. A. Statement of Ownership and Interest. Joseph & Betty Hardy ~(are) the owner(s) of property known and referred to as 13500 Main Road, Mattituck, N,¥. (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 114 Block 11, Lot(s) 05 , which is not ~gx on a subdivision Map. '~" "Map of ~ "~,l~d~. , and has been a o Own Planning Board on The above-described property was acquired by the owner on 4/20/87 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: property is in mixed used area: special exception is permitted use by the Town Code. C. The property which is the subject of this application is zoned "HB" [ x] ~S consi$~en~ with the use(s) described in the Certificate of Occupancy being furnished herewith. L ] is not consistent with the Certificate of Occupancy being furnished herewith for the fo)lowing reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: Sworn to before nle this _D~% day of I. ZB2 (rev. 2/6/86) ig~6lure) JOnaH HAI{~)¥ kJ , 19 9O. JULIA H. LUL Not~ry Public, State of NewY~ No. ~,872284 Qualified in SuffolkCoun~y C)A Ccm,,,-=¢-..., !~ :~ ~'~,,,:~ '29. ~9-kh' and ~) COUNTY OF SUFFOLK Real Properly Tax Service Agency THOMAS A. TWOMIEy. JR. STEPHEN El. LATHAM JOHN P. SH£A, ill T~,VO.'~IE~.', LATHAM, SHEA ~ ATTORNEYS AT LAW 516'727-2180 TELEFAX: 516'727-1767 PETER M. MOT'F+ HERMON J. BISHOP LISA C. KOMBRINK Mr. Victor Lessard Building Department Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 March 6, /qq0 Re: Hardy Property-13500 Main Road, Mattituck, New York Dear Mr. Lessard: Enclosed please find application for Certificate of Occupancy for 13500 and 13550 Main Road, Mattituck (SCTM#1000-114-11-005). As we discussed with you, Mr. Hardy is seeking a Certificate of Occupancy to permit the continued use of a t~o~am~y--d~el~g and for a Certificate of Occupancy for the_apartment.~hat is now in what is denominated as the garage building in the rear. I have enclosed a copy of the survey map for your reference. We understand that a special exception for an apartment would be required for the two-family use in the main building and that a variance would be required to permit the accessory building to obtain a Certificate of Occupancy for the barn building. However, as you are aware, we are required to obtain a letter of denial from your office in order to make application for the variance. Mr. Lessard March 6, 1990 Page Two If you have any questions about this matter, please call the undersigned directly. Thank you for your attention and assistance in this matter. PER:db Enc. Very truly yours, P. Edward Reale THOMAS A* TVVOMEY. JR. STEPHEN B. LATHAM JOHN F. SHEA, III CHRISTOPHER D. KELLEY PETER M. MOTTI' HERMON J. SISHOF~ LtSA C. KOMBRINK MARY C. CRONIN JOAN C. HATFIELDD TWOMEY, LATHAM, SHEA ~ KELLEY ATTORNEYS AT LAW 33 WEST SEOOND STREET P.O. IBOX 398 HIVERHEAD, NEW YORK 11901 Gerard P. Goehringer, Chairman Zoning Board of Appeals Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: ADDlication #'s 3958V and 3959SE Application of JosePh and Betty Hardy Dear Mr. Goehringer: Enclosed please find a revised zoning variance application for the above-referenced applicant which has been amended pursuant to your suggestion. The revised application requests dimensional variances from Section 100-192 for insufficient lot area to permit the continued use of the additional apartments. With respect to the special exception requested, since the applicant is requesting that the Board grant approval for the multiple dwelling permitted in the HB district, we wish to proceed on the application for special exception for multiple dwelling, while seeking variances for the dimensional limitations. As stated in your letter, we are resubmitting this application under the same file numbers for which filing fees have already been paid and would ask that you proceed with your review and a hearing on the matter. Gerard P. Goehringer, January 10, 1991 Page Two Chairman Thank you for your cooperation and assistance in this matter. PER:db Encs. Very truly yours, P. Edward Reale TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ......~ ~...5./..~ .0. .......... TO THE ZONING BOARD OF API~ALS, TOWN OF SOUTHOLD, N. Y. X~, (We) ..... ~p~p.h...&..~e.~.~...H~Y. ............. of ...~6~..~o~th..~Lig~w~ ............................. Nome of Appellor~t Street and Number Southampton, NY 11968 ...... ............................ HJ:~-e~' APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... ~x) ~x) ( ) WHEREBY THE BUILDING INSPECTOR DENIED TO P. Edward Reale a/c Joseph Hardy Nome of Applicant for permit of 33 W. Second Street, Riverhead, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...!..3...5..0..0.....N...a.~..n...~.:.,~.,...N..a..t..~.,t:.?..c..k. .................... '~.H.~.'.'. ......... Street /Hamlet / Use District on Zoning Map District 1000 Section Block Lot - - Joseph & Betty Hardy ................................................................ ~.urren~ O~ner Mop No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Secti~, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article TX Section 100-192 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (xx) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (1~1~) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( X ) request for o variance and waS made in Appeal No ................................. Dated ......... 6. ~.! . .7. ./.. .8. .8. ............................................. ( ) (xD ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is r~uested for the reason that Applicants wish to continue use of second residential on property. Form ZBI (Continue on other side) structure REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Applicant has expended over ten thousand ($10,000) dollars to re- furbish and restore to residential use a pre-existing structure that was most recently used as a pet grooming salon. 2. The hardshipcreotedis UNIQUE andisnotshared by all properties alike in the immediate vicinity of this property and in this use district because The neighboring lots fronting on Main Road (four[4] lots lying easterly and five [5] lots westerly) have an average (Approx.) lot width of 158 feet, none being of lesser width than the subject property and a single lot having the same approximate width. The subject structure is pre-existing; the property fronts Main Road in a commercial/mixed use area. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The property is located in the "HB" zone. The District premits a broad range of uses including two family dwellings, multiple dwellings, boarding houses, office and restaurants. The area surrounding this parcel contains commercial and mixed uses and is intensibly developed. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) R EDWARD REALE Notary Public, State of Ney,. York No. 4720709. (Dual. in Suffolk Courtly ComrnJ~lon Expires Jurte 30, 1 f~/E ~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of JOSEPH & BETTY HARDY to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That il is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) ~X~J~k (]~X_:~.X~ [circle choice] 7. That the property which is the subject of the Peti,tion is located adiacent to your property and is des- cribed as follows: 13500 Main Road, MattitucK, New York S.C.T.M. designation: 1000-114-11-05 -See attached site plan - 3. That the property which is the subiect of such Petition is located in the following zoning district: 4 ~hath~ suchPetition, theundersignedwillrequesttbefollowingrelief: permission to continue use of second residence on the parcel; and to permit second accessory apartment over stores. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article IX Sect_ton 1 00-1 92 [ ] 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 ma), then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler~Mattituck Watchman, 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: January 15r 199.1 Petit'on~~ ~ Owners'Names: Joseph & Betty Hardy PostOfficeAddress 13500 Main Road MattituckrNew York 11952 Tel. No. < [Copy of sketch purposes.] or plan showing proposal to be attached~Obi~venience PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAM~ Allbobrick Realty Corp. Diane Giannone Raymond Nine Southampton Lumber Corp. ADDRESS Main Road, P.O. Box 54 Mattituck, New York 11952 Sunset Drive Mattituck, New York 11952 New Suffolk Avenue Mattituck, New York 11952 Powell Avenue Southampton, New York 11968 P 932 580 298 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDEO NOT FOR INTERNATIONAL MAiL (See Reverse) P O, State and ZiP Code Postage .29 Cerl,hed Fee Speoal Delivery Fee Restncted Delivery Fee Recerpt showing (~ ~,~ Return ~ and Date Dehvered TOTAL Postage a~l Fe~s_ Postmark or Dale 2/14/9~ Diane Breitenbach , residing at Box 711, Aquebogue, NY 11931 , being duly sworn, deposes and says that on the 1 4thday of February ,19 91 , 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 Noti,ces w/ere mailed at the United States Post Of- rice at Riverhead, NY ; that said Not'~-~'were maile~d?to each of said persons by (certified) (registered) mail. /'~, - //~ . / . Sworn to before me this 1 4th day of February . 19 91 Notary Public OIdlkl Iii ~lo~ Coo~ (This side does not property owners.) have to be completed on form transn~j~[ed to adjoining: APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD scour L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 24, 1990 P. Edward Reale, Esq. Twomey, Latham, Shea & Kelley 33 West Second Street P.O. Box 398 Riverhead, NY 11901 Re: Appl. No. 3958V and 3959SE Applications for Joseph Hardy Dear Mr. Reale: During the on-site inspection, it was noted that several uses exist at the site, both retail-business and residential. As you know, the premises is located in the Hamlet-Business (HB) Zone District and contains a total area of 21,906 sq. ft. In reading the applications on file for the Special Exception and the Variance, it appears that the requests made therein were taken from the March 8, 1990 Notice of Disapproval from the Building Inspector. There are other areas which were not included in the March 8, 1990 determination, and it would be appropriate to address these areas prior to our publication in the local newspapers and provide you with an opportunity to amend your application accordingly. Sections 100-91B(2 & 4) as applied in the Special Exception are requests "to permit second accessory apartment over stores or alternative multiple dwelling" as applies to the HB Zone District. Section 100-91B(2) authorizes multiple dwellings by Special Exception, and the Bulk Schedule requirement (100-92) for the ~{B Zone District limits the permitted number of such uses to the extent of 20,000 square feet of lot area per unit. Based on the square footage of this parcel at 21,906 sq. ft, the additional (two) residential uses will require variances as to insufficient lot area. Page 2 - October 24, 1990 To: P. Edward Reale, Esq. Re: Appl. Nos. 3958V nd 3959SE - Hardy Section 100-91B(4) authorizes accessory apartments over retail stores and business by special exception subject to those requirements listed at Subsections (a) through (f). The accessory apartment request is not located over a retail store or business. The Special Exception application does not appear to be appropriate in this project. You may, if you wish, re-submit your application under the same file numbers (for which filing fees were paid), or in the alternative, you may request a refund for both applications since no hearings have been held at this point. Should you prefer the Board to proceed with a hearing, after proper notice, we would do so, without the benefit of a refund should the outcome be unacceptable. Please let us know how you wish to proceed, and if you are re-submitting the application forms, please be sure to provide the maps with the existing buildings and existing uses labeled for each building. We are enclosing copies of the zoning provisions above referred for your convenience. Very truly yours, GERARD P. GOEHRINGER /' CHAIRMAN ~ lk Enclosures 100-91 ZONING § 100-91 //~/Uses permitted by special exception by the Board of Appeals. / The following uses are permitted as a special exception by the ~ Board of Appeals as hereinafter provided, subject to site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-31B(3) to (6) and (14) and (15) of the Agricultural Conservation District. 3 2~~ Multiple dwellings and townhouses. · Motel and hotel nsez as set forth in and regulated by § 100-61B(4) of the Resort Residential (RR) District, except that minimum lot size shall be three (3) acres. [Amended 7-31-1990 by Ord. No. 16-1990] ~' [Amended 12-12-89 by I'.L. No. 23-1989] Apartments ( ~" may be permitted over retail stores and business, professional and governmental offices, subject to the following requirement~ (a) The explicit written approval of the Town Fire Prevention Inspector shall be obtained for the design, looation, access and other safety-related elements of every such apartment. No apartment shall be permitted over filling stations, stores retailing flammable or fume-producing goods, restaurants or other businesses with kitchens or other facilities producing intense heat or any other establishment which the Fire Prevention Inspector determines to pose a greater-than-averags built-in fire risk. (b) The habitable floor area of each apartment shall be at least four hundred fifty (450) square feet, but in no case more than seven hundred fifty (750) square feet. The apartment shall not be located on the first floor of the building, and the apartment shall contain all services for safe and convenient habita- tion, meeting the New York Stats Uniform Fire Prevention and Building Code and the Sanitary Code. 10077 § 100-91 (c) (d) (e) SOUTHOLD CODE § 100-91 There shall be no more than three (3) apartments created or maintained in any single building. Each apartment, or common hallway set, ricing two (2) or three (3) apartments, shall have a separate access to the outside of the building, which must be distinct from the access to uses on the first floor. Each apartment shall have at least one (1) on-site off- street parking space meeting the standards of this chapter, conveniently located for access to the apartment. Only the owner of the building in which it is proposed to locate the apartment(s) may apply for this special permit. The Board of Appeals shall require that such applicant execute such agree- ments, contracts, e~sements, covenants, deed restric- tions or other legal instruments running in favor of the town ~s, upon recommendation of the Town Attorney, the Board shall determine to be necessary to ensure that: [1] The apartment, or any proprietary or other interest therein, will not be sold to the tenant or any other party, except as part of a sale of the entire building in which the apartment is located. [2] The apartment is made available for year- round rental. [3] The apartment is properly constructed, main- tained and used, and unapproved uses are excluded therefrom. Any other condition deemed reasonable and necessary to ensure the immediate and long- term success of the apartment in helping to meet identified housing needs in the community is complied with. 10078 s- 2s- ~o I JO ~-Pmman numera]s refer to the appl~c~b]e column in the Residential Bulk Schedule. TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZON~NG BOARD OF APPEALS AppeslNo. 2655 Dated December 4, 1979 ACTION OF TIlE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. Robert Waddington, Jr. (Richard F. Lark, Esq. Tuthill's Lane Aquebogue, NY 1/22 /80 DATE ..:... ................. Appellant Main Road, Box 973, Cutchogue, NY 11935 at a meeting of the Zoning Board of Appeals on January 22, 1980, was considered and the action indicated below was taken on your (X) Request for variance due to lack of access to property NY Town Law 280A ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to th~ Zoning Ordinance Art. III, Sec. 100-31 ( ) the appeal 1. ~;~e'~e~.~EXBy resolution of the Board it was d~errnined th~ a special exception ( ) be ~anted ( ) be denied pursuant to Article .................... ~ction .................... Subsection ................... paragraph .................... of the Zoning O~inance and the decis~n of the Building I~peeto~ ( ) be reversed ( ) be co~h~med becanse 1/17/80 7:50 P.M. Application of ROBERT WADDINGTON, JR., Tuthill's Lane, Aquebogue, New York (Richard F. Lark, Esq.) for Variances to the Zoning Ordinance, Article III, Section 100-31 for permission to construct dwelling with insufficient f~ontyard setback and for approval of access pursuant to New York Town Law Section 280A. Location of property: Miami Avenue and Soundview Avenue (private street), Peconic; bounded north by Mathal Realty Corp. Inc., southeast by Miami Avenue, southwest by Soundview Avenue (private street) and northwest by Booth. County Tax Map Item No. 1000-67~6~16. (SEE REVERSE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because (SEE REVERSE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE REVERSE) (would not) and therefore, it was further determined that the requested variance ( ) be granted that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and FORM ZB4 ZONING BOARD OF APPEALS After investigation and inspection, the Board finds that the applicant is requesting permission to construct dwelling with an insufficient frontyard setback of 16 feet and approval of access off Miami Avenue, an old subdivision street not dedicated to the Town. The subject premises has two frontyardsinasmuch as it is considered a corner lot, and is approximately 48 feet in width. The Board finds that the circumstances present in this case are unique and that strict application of the applicable laws would produce practical difficulties and unnecessary hardship. The Board believes that the grant of a variance in this case and approval of access will not change the character of the neighborhood and will observe the spirit of the ordinance. On motion made by Mr. Tuthill, seconded by Mr. Douglass, it was RESOLVED, that ROBERT WADDINGTON, JR., Tuthill's Lane, Aquebogue, New York by Richard F. Lark, Esq. BE GRANTED permission to construct dwelling with an insufficient frontyard setback of 16 feet as applied for and BE GRANTED ~pproval of access off Miami Avenue, subject to the recommendations of the Suffolk County Planning Commission pursuant to Section 1332 of the Suffolk County Charter. Location of property: Miami Avenue and Soundview Avenue (private streets), Peconic, New York; bounded north by Mathal Realty Corp, southeast by Miami Avenue, southwest by Soundview Avenue, northwest by Booth. County Tax Map Item No. 1000-67-6-16. Vote of the Board: Ayes: Tuthill. Absent: Messr. Doyen. APPROVED Messrs. Grigonis, Douglass and Clmirman I]oa~cl ol Appeal~ C PM DEE~KOSK! PATR!E]6'8 C PJ TAYLOR WZLLIAM F I iF ?00-- 6.600 ' 7DOb 6,600 TO0 6.900 ZOO 6.900 700 - &,TO0 700 4,700 700 4.900 - - 700 4,900 210 1 210 210 210 210 l& 210 l& 210 l& 600 600 600 600 600 4,700 .... 600 4,700 600 2.700 600 2,700 .... 700' ~ ' 3,600 700 3,600 1.000 7,300 1,000 7,300 PAGE 21~0 14 Z!O I 14 4~4 1 14 ~81 1 14 ...... 4~4.600 1988 TOTAL .......... a~l, &.600 1989 TOTAL PAGE 50 PARCELS (ACTZVE) 1988 TOTAL 1989 TOTAL Location BUILDING DEPARTMENT TOWN OF SOUTHOLD, N. Y. HOUSING CODE INSPECTION REPORT 13550 Main Road Mattituck~ N.Y. (number & street] Subdivision .Map No. Name of Owner(s) Nickolas Kouros (Municipality) Lot(s) Occupancy R -3 (type) Admitted by: Mr. Gionnone Key available Source of request Rudolph H. unoccupied (owner-tenant) Accompanied by: Mr. Gionnone Suffolk Co. Tax No. 1000-114-tl-005 Bruer, Esq. Date April 7, 1980 DWELLING: Type of construction Foundation cement block Total rooms, 1st. F1 Bathroom(s) Porch, type Breezewa~ (USED TO BE "PUB 75") cement block #stories Cellar partial'Crawl space 4 2nd. FI 3rd. Fi Toilet room(s') 4 Deck, type Patio, type Garag~ Utility room 1 X Type Heat gas Fireplace(s) Domestic ho:water Other Warm Air X Ho:water No. Exits 3 Airconditioning. yes Type heater gas ACCESSORY STRUCTURES: Garage, type cons:. Swimming pool Other Storage, type cons:. Guest, type cons:. VIOLATIONS: Housing Code, Chapter 52 Location Description Art. Sec. Restuarant i5 ~ein~ ah~ged to twn businesses extensive work is now bein don~ Remarks: Inspected by: ~Jx~_~ _'j~_,~.~:~'~__Date of Insp. April 9. 1980 Curtis Horton Time start 10:00 end 10:50 OUNDATION ( ls t) OUNDATION (2nd) OUGU FRAME & ?LUMBING NSULATION PER N. Y. STATE ENERGY CODE FINAL Z ADDITIONA'L COMMENTS: FORM NO. ~ TC)WN OF SOU'I'HOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL PULL COMPLETION OF THE WORK AUTHORIZED) N~ 15G02, Z Permission is hereby granted to: ....... ............. . ......, ........ ~ ....... ........ ~l..~3..t .............. ' at premises located at ./...~.....~...~..'~.......~.....~c...¢.: ........ ~.~...~.... ....................... County Tax Map No. 1000 Section ....... J..J..~ .......... Block ...... ./..L ........... Lot No ...... ..~....~.'~. .......... pursuant to application dated .... ~...~.~,...~....~ .......... , 19...~...(/, and approved by the Building inspector. Fee $. ~......~.....:.....~......'~ Building Inspector Rev. 6/30/80 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Cerlificate Of Occupancy No ...... Z9.9!9 ...... Date ....A!qlT..i.1..1.0. .................... 19.80 THIS CERTIFIES that the building ................................................ Location ofPronertv 13500 & 13550 Main Road Mattituck, N.Y. County Tax Map No. 1000 Section .... .1 J.~. .... Block .... 1. .1 .........Lot ..... .0.0.5. ........ Subdivision ............................... Filed Map No ......... Lot No .............. requirements for residential and commercial buildings conforms substantially to the -- ~ built prior to Certificate of Occupancy · .Ap~.il. 2.3 ......... , 193.7.. pursuant to which ~,~ .......... ~9.9!9 ...... dated ..... April..~10 ............. 19 8.0. , was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is .a...s.i.~g .le · family. ~,~elllng. plus..two., r.e.t.a.t,1..s.t.o..r.e.s. ................................. The certificate is issued to ........ .N...i .ek.o.1..a.s.K.o.l&r.o.s. ........................... ..... (owner, ~ of the aforesaid building. Suffolk County Department of Health Approval ........... N/R ........................... UNDERWRITERS CERTIFICATE NO ................... ~1/1~ ........................... Building Inspector Rev 4/79 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z19497 Date NOVEMBER 13r 1990 THIS CERTIFIES that the building. Location of Property 13500 MAIN ROAD House No. Street County Tax Map No. 1000 Section 114 Block 11 Subdivision Filed Map No. ADDITION MATTITUCK Hamlet Lot 05 Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOV. 5, 1990 pursuant to which Building Permit No. 19498Z dated NOV. 5, 1990 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is CONSTRUCT A DECK ADDITION TO EXISTING ONE FAMILY DWELLING. The certificate is issued to (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED REPI~%CES B.P. 16044Z Rev. 1/81 JOSEPH HARDY & WIFE //Building Inspector 77° BO E. ? ~t~ ~ z 0 AREA - 21,906 SQFT. 6B.t? ~101~ I~l~°t~° SURVEY OF PROPERTY AT MATTI TU C K TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. IOOO 114 II 05 SCALE I" = 30' APR 2, 1987 Y.S. LIC, NO. 49668 ~pP.~sE~L~ /,/~ I~ ENGINEERS, p.C. MAIN ROAD SOUTHOLD,N y 11971 CERTIFIED TO . CHICAGO TITLE INSURANCE COMPANy NORTH FORK BANK 8~ TRUST CO, HARDY PLUMBING ~1 HEATING CO JOSEPH A. HARDY 87 -263 TOWN OF SOUTHOLD PROPERTY RECORD. CARD 77" .~ .'~ ~ OWNER STREET VILLAGE DIST. SUB. LOT S ~. W ~PE OF BUILDING /;, ~,~ ,~ A~), '::",' · 'o A ~ ( ¢~q~_k- ~ND . IMP. TOTAL DATE R~S -. c o~ . _ , AGE BUILDING CONDITION ' L~' Ig~ff ) ' N~ NO~L BELOW A~VE ~A~ Acre Value Per Value Acm Rllable FRONTAGE ON WATER ~land FRONTAGE ON ROAD ~ead~la~ DE~H ~ ~ '' ~ou~ Plot BULKH~D topoi ~ ~ ~ ~ COLOR TRIM M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio Total · Walls Fire Place YPe Roof ~ecreation Room Do .r~ner Floors Interior Finish Heat ROOMS 1st FlOOr ~.OOms 2nd Floor JDinette BR. FIN. B VICTOR LESSARD PRINCIPAL BUILDING INSPECTOR (516) 765-1802 FAX (516) 765-1~23 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD March 21, 1990 Mr. Joseph Hardy 132 Fish Cove Road Southampton, N.Y. 11968 Re: Building Permit #16044-Z PREMISES: 13500 Main Rd. Mattituck ,N.Y. SUFFOLK CO. TAX MAP #1000-114-11-005 Dear Mr. Hardy: During a review of our files, it was noted that the above Building Permit has expired and a Certificate ~f Occupancy has not been issued. No inspections have ever been made. According to the Code of the Town of Southold, Article XXVIII, 100-281 and 100-284, a Building Permit is needed for any construction of additions or alterations to existing buildings, and it is unlawful to occupy or use said building until a Certificate of Occupancy has been issued. In order to avoid legal action, you must contact the Building Department and resolve the violation immediately. Thank you for your cooperation in this matter. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. Vincent R. Wieczorek, Ordinance Inspector VRW:gar VICTOR LESSARD PRINCIPAL BUILD1NG INSPECTOR (516) 765-1802 FAX (516) 765-1823 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 OFFICE OF BUILDING INSPECTOR TOWN OF $OUTHOLD March 21, 1990 Mr. Joseph Hardy 132 Fish Cove Road Southampton, N.Y. 11968 Re: Building Permits #15976-Z PREMISES: 13550,13450,13410 Main Rd. Mattituck ,N.Y. SUFFOLK CO. TAX MAP #1000-114-11-005 Dear Mr. Hardy: During a review of our files, it was noted that the above Building Permit has expired and a Certificate of Occupancy has not been issued. No inspections have ever been made. According to the Code of the Town of Southold, Article XXVIII, 100-281 and 100-284, a Building Permit is needed for any construction of additions or alterations to existing buildings, and it is unlawful to occupy or use said building until a Certificate of Occupancy has been issued. In order to avoid legal action, you must contact the Building Department and resolve the violation immediately. Thank you for your cooperation in this matter. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. Vincent R. Wieczorek, Ordinance Inspector VRW:gar , · 'FOAM NO, 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL ~,OUTHOLD, N.Y. 11971 ', TEL.: 765-1802 .... ,19¥.7. ,proved.....'~. ~ .~..., 1977. Permit No../..~. ~?..~.~. ~approved a/¢ ............................. i ' (Building Inspector) APPLICATION FOR BUILDING PERMIT Received ........... ,19... INSTRUCTIONS a. Tiffs application muSt be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 s of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appU- tion. c. The work cowred 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 thc applicant. Such permit :dl be kept on the premiss available for inspection throughout the work. e. No building ~hall be occupied or used in whole or in part for any purpose whatever until p Certificate of Occupancy all have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the filding Zone Ordinamm.of the Town of $outhoid, Suffolk County, New York, and other applicable l..nws, Ordinances or ,eulations, for the core,ruction of building, additions or alterations, or for removal or demolition, as herein described. ~e applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to mit authorized inspectors on premises and in building for necessary inspections. .S.p.e.n. qe.r..T....F.i.s.h.e.r.,..[n.c....(.Qav, id .S..kan~z) ..... (Signature of applicant, or name, if a corporation) P..0. Box 867 Riverhead, .New ¥ork~ ........... ........... , .................... 11901 (Mailing address of applicant) tare whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ......... General .~qqtC~q[qr .................................................................... :amc of owner of premises d. os.~eh Hay. dy. . . . . (as on the tex roll or latest deed) 'applicant is a corporation, signature of duly authorized officer. Bt, ilder's License No...fi. 3.3..- ................... Plumber's License No ................... t ..... Electrician's License No ....................... Location of land on which proposed work will be done .................................................. R.Q~J, Mattituck I louse Nu,nber Street Hamlet ('ounty Tax Map No. 100OSection..!14,. ,........,... Block ..~.1............... Lot...5 .......... ''' · t' Subdivision ..................................... Filed Map No ............... Lot ............. (Name) 2. State existing use and occupancy of premises and intanded use and occupancy of proposed constroction: a. Existing use and occupancy .. B. u. s..ln.e.S.S. ........................................................... ~ l'~t~nded use and occupancy Repair .............. Removal .......... - .... Demolition Other Work $20 000 O0 (Description) ted Cost ' ' 4 Estima ...................................... Fee ........... (to be paid on filing ti, is application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage number of cars ........ c't~ ......... ;" ~'t~r~' 'n' ' '~ 'e'n ....................... IS. If business, commercial or mixedoc pancy, speciyn t a de t tofeacbtypeofuse ... ' ............. ~7. I)imensionslo~,existing structures, if any: Front . .5.4'..2'I ....... Rear . .48' .......... Depth .32 '. tie g it . Number of Stories ...1. ............................... l)m~ens~ons of same structure with alterations or additions. Front .$4..2 ............ Rear . .s~me... DepriVe.e. .................... Height .... ~rl]e .............. Number of Stories ...'t .................. 8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............... H~i~ht Niimher of gtnri~s. ~. Size orlot: Front .... fi.8...;.7, ............. Rear..~.~,..V. ....... i... i... Depth .............. I0. Rate of Purchase . Ap. vi.I..8.7, ................... Name of Fonner Owner .C.b.a.r.I.a.9 -a-r~d..~6a-n..T....Z.a.~pa.... ! I. Zone or use district in which premises are situated...B.u.~.i.n.~s.5. .......................................... 12. Does proposed construction violate any zoning law, ordblance or regulation: .... No. .......................... 13. Will lot be regraded . · .N.0. ....................... Will excess fill be removed from premises: Yes No 14. Name of Owner of pre. mis.es ,Jo.se.g.h..Ha.rd.y ........ Address .N.o.r.t.h. J~w,y....S.o.u.Lh.rfLp.t~]oue No. 72J~-.9.3.3.,3. Name of Architect . ~.o.r.a.og..K... ~^.h.19?.s .......... Address .M.&.n.0.r..L.a....3.a/n.e.s.D.o.r.q,hone No.722.-322.7. Name of Contractor .S.D.eJ~.c.eF..T... ,F.i.s.h.e.r.,..I.rLc ..... Address ~..~3... ~3~,x. ~6~. P~41.... Phone No. 7~_.7~484.3. ....... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. See survey annexed hereto. STATE OF NI~(gAb.~ COUNTY OF .%,4e...~.~.%. ....... S.S ........... D.a.v. {fl..S....L.~.n.t..z. ........................ being duly sworn, deposes and says ti,at be is tile appiic:,v (Name of individual signing contract) above named. lie is the ..... c.o.n.t.r.a.c.t.o,r/.a.g.e.n,t. ................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is dnly authorized to perform or have performed tile said work and to make and file th application; that all statements contained in this application are true to the best of his knowledge and belief; and that ti work will be performed in tile manner set forth in the application filed therewith. Sworn to before me this ............. .day of... /z - , , .. ......... r4o ~:'~u,.:'-" Co.,~y_ (Slgnau,ic uf apl,llc;H~ OUNDATIO:; ( 1 s t ) OU~$DATIO:~ (2nd) OUGH FRAME & PLUMBING -.7 3NSULATION FERN. Y. STATE ENERGY CODE FI:~AL . ADDITIONA'L COMMENTS: OUI;DATIO.~ ( 1 s t ) OU!$DATIO:; (2nd) OUGH FRAME & ?LU~4BING ~NSULATION ?ER N. Y. STATE ENERGY CODE FI.AL ADDITIO~;A'L COMMENTS: Z O Location Subdivi s ion Name of Owner(s) Occupancy R-3 (type) Admitted by: self Key available Source of request BUILDING DEPART~[ENT TO¥~ OF SOUTHOLD, N. Y. HOUSING CODE INSPECTION REPORT 13500 Main Road Mattituck~ (number & street) N.Yo .Nap No. (Municipality) Lot(s) Nickolas Kouros tenant (owner-tenant) Accompanied by: self Suffolk Co. Tax No.1000-114-11-5 Rudolph H. Bruer, 'Esq. Date April 7, 1980 DWELLING: Type of construction Foundation cement Total rooms, 1st. F1 1 Bathroom(s). Porch, type Breezeway. Type Heat Fireplace(s) Domestic hotwater Other TRAVEL AGENCY cement block Deck, Garage Warm Air No. #stories Cellar Crawl space 2nd. F1 3rd. F1 Toilet room(s) type Patio, Utility room X Hotwater yes Exits 2 Airconditioning Type heater 1 ACCESSORY STRUCTURES: Garage, type const. Swimming pool 'Other Storage, type const. Guest, type const. VIOLATIONS: Housing Code, Chapter 52 Location Description Art. Sec. Roof Sizns of small leaks III 52-~1-C. Remarks: Curtis Horton Date of Insp. April 9,1980 Time start 10:30 end 10:45 BUILDING DEPARTMENT TO~fN OF SOUTHOLD, N. Y. HOUSING CODE INSPECTION REPORT Location 13550 Main Road (number & street) Subdivision ~ap No. Mattituck~ N.Y. (Municipality) Lot(s) Name of Owner(s) Nickolas Kouros Occupancy R -5 (typ~) Admitted by: Mr. Gionnone unoccupied (owner-tenant) Accompanied by: Mr. Gionnone Key available Suffolk Co. Tax No. I000-114-11-005 Source of request Rudolph H. Bruer, Esq. ,Date April 7, 1980 D]fELLING: Type of construction Foundation Total rooms, 1st. F1 4 Bathroom(s) Porch, type Breezeway Type Heat gas Fireplace(s) Domestic hotwater yes (USED TO BE "PUB 75") cement block cement block #stories 1 Deck, type Garagq Warm Air No. Exits Cellar partial Crawl space 2nd. F1 3rd. F1 Toilet room(s). 4 Patio, Utility room X Hotwater 3 Type heater Airconditionin~ gas X Other ACCESSORY STRUCTURES: Garage, type const. Swimming pool Other Storage, type const. Guest, type const. VIOLATIONS: Housing Code, Chapter 52 Location Description Sec. Restuarant is being charted tn ±wn businesses - extensive work is now beim done ~Art'1 I,, Remarks: Inspected by: Curtis Horton Date of Insp. April q, lq80 Time start 10:00 end~ BUILDING DEPARTMENT TOWN OF SOUTHOLD, N. Y. HOUSING CODE INSPECTION REPORT Location 15500 M~n Road (number & street) Subdivision Name of Owner(s) Map No. Nickolas Kouras M~tt~ t, nk. N.Y. (Municipality) Lot(s) Occupancy Admitted by: Key available Source of request R(~ype) Mr. Kouras (owner-t enant) Accompanied by: Mr. Kouras Suffolk Co. Rudolph H. Brue~, Esq. Tax No.1000-114-11-5 Date April 7~ 1980 DWELLING: Type of construction Foundation brick Total rooms, 1st. F1 Bathroom(s) Porch, type Breezewa~ Type Heat Fireplace(s) Domestic hotwater yes Other Wood framed glassed in #stories Cellar partial Crawl space 2nd. F1 & 3rd. F1 Toilet room(s). Deck, type Patio, typq__ Garagq Utility room . Warm Air Hotwater X No. Exits 2 Airconditioning TyPe heater tankless 2 X ACCESSORY STRUCTURES: Garage, type const. Storage, type const. Swimming pool Guest, type const. Other Barn converted to a 2 car garage VIOLATIONS: Housing Code, Chapter 52 Location Description Art. Sec. Barn Garage doors III 52-30-A Remarks: Inspected by: Date of Insp. April 9,1980 Time start 10:00 end 10:30 Curtis Horton ! TOWN OF SOUTHOLD 7 I I~frolk County, New York 516- 76S-1801 N-° 36 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of JOSEPH & BETTY HARDY to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to'petition the Board of Appeals of the Town of Southold to requesta ~~ial Except( ' ' e ) [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: 13500 Main Road, Mattituck, New York S.C.T.M. designation: 1000-114-11-05 -See attached site plan- 3. That the property which is the subject of such Petition is located in the following zoning district: ~ ~c;3" 4 1hat h¥ suni1 Peliti~m, the undersigned will request the following relief: permission to continue use of second residence on the parcel; and to permit second accessory apartment over stores. 5. That the provisions of the Southold Town .Zoning Code applicable to the relief sought by the under- signed are Article IX Sect/on 100-01(A) (?) (2) ' [ ] 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) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, 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: March 16, 1990 Petitionek/,~, ~ Owners Names: Joseph & Betty Hardy Pos! Office. Address ~ 13b00 tvlaln ~oao Mattituck, New York 11952 Tel. No. ( ) [Copy of sketch or purposes.] plan showing proposal to be attached '%~u~gn~Fe n i e n c e PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Allbobrick Realty Corp. Main Road, P.O. Box Mattituck, New York Diane Giannone 54 11952 Sunset Drive Mattituck, New York 11952 Mattituck, New York 11952 Powell Avenue Southampton, New York 11968 Raymond Nine Southampton Lumber Corp. RECEIPT FOR CERTIFIED MAIL obrick Realty p. Stre t an No ~-~. Box 54, Main d Ma~tltucK, NY 119! Fee Relurn Rece pt showing whom and Date Delivered are COmplete ~rse Side. Failure to do thJ · /ida ou the name of th s will pre~ent this Card address. 2. ~] P932 580 524 or agent and DA addressee requested and fee paid) STATE OF NEW COUNTY OF SUFFOLK ) DOMESTIC RE RECEIPT Diane Breitenbach . residing at Union Avenue· Aquebogu~: New York 11931 , being duly sworn, deposes and says that on the 5th day of June , 19 90 , 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 $outhold; that said Notices were mailed at the United States Post Of- rice at Riverheadt New York ;thatsaid No ~ce~ere mailed to each of said persons by (certified) (~,g~t et¥ ~ ,a~ ai I. ~ lane ~re~ tenbach - Sworn to before me this 5th day of June ,19 90 / Notary Public ~J~AN L CA~u_E (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of JOSEPH & BETTY HARDY to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to I~tition the Board of Appeals of the Town of Southoid to request a (Variance) (Special Exception) R%~ol:eiildd~e~ii.k (~x~ [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: 13500 Main Road, Mattituck, New York S.C.T.M. designation: 1000-114-11-05 -See attached site plan - 3. That the property which is the subject of such Petition is located in the following zoning district: "HB" 4 lhalh~ suci~Pelilion, theundersignedwillrequestthefollowingrelief: permission to continue use of second residence on the parcel; and to permit second accessory_apartment over stores. 5. That the provisions of the Southold Town Zoning Code applicable t9 the relief sought by the under- signed are Article IX Sect_ion 100-]92 [ ] Section 280-A, New York Town Law for approval of access over right(s)-0f-way. 6. That within five da~s from the date hereof, a written Petition requesting the relief specified above will be filed in theSouthold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. {516) 7~5-]_809. 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: JanUary 1 5~ 1 99.1 Owners'Names: Joseph & Betty Hardy PostOffice Address 13500 Main Road MattituCk,New York 11952 Tel. No. ( [Copy of sketch or purposes.] plan showing proposal to be at tach ~.f[~o,~v e, i ence NAME Allbobrick Realty Corp. Diane Giannone Raymond Nine Southampton Lumber Corp. PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Main Road, P.O. Box 54 Mattituck, New York 11952 Sunset Drive Mattituck, New York 11952 New Suffolk Avenue Mattituck, New York 11952 Powell Avenue Southampton, New York 11968 RECEIPT FOR CERTIFIED MAIL NOT FOR INTERNATIONAL MA~L (See Reverse) ~K) Diane Breitenbach , residing at Box 711, Aquebogue, NY 11931 , being duly sworn, deposes and says that on the 1 4thday of February , !9 91 , 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 $outhold; that said Noti?s w/ere mailed at the United States Post Of- rice at Riverhead, NY ; that said Not~-!~were mailejdTto each of said persons by (certified) (registered) mail. /.. .// . DIANE ~R~ITENBACH Sworn to before me this 1 4th day of February , 19 91 Notary Public (This side does not propert~ ~wners.) have to be completed on form transrhi~/ed to ad~,oining AREA (516] 765 - 5020 P . O. BOX 909 MAIN ROAD SOUTHOLD, N.Y. z -/ Z Z KEY MAP SITE PLAN IOO0 OF PROPERTY AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 114 11 SCALE 1" = 20' APR. 2, 1987 JUNE 29, 1987 APR. 21, 1988 May 14, 1991 05 = 21, 906 SQ. FT. LIC. NO. 4961'8 S & ENGINEERS, P.C, 4o' y BUILDING ZONE DISTRICT, SCHOOL DISTRICT~ FIRE DISTRICT, HB 30 MATTITUCK 9 MATTITUCK OWNER & DEVELOPERS HARDY PLUMBING & HE. ATING CO. JOSEPH A. HARDY 1654 NORTH HIGHWAY SOUTHAMPTON, N.Y.;968 CERTIFIED TO, CHICAGO TITLE INSURANCE CO. NORTH FORK BANK & TRUST CO. HARDY PLUMBING & HEATING CO. JOSEPH A. HARDY DRAINAGE CRITERIA NEW PAVEMENT AREA= 5300 SQ'FT."+ ROOF AREA = 2400 SQ. FT._+ 7700 SQ. FT 7700x0.17 x 0.9= 1[78 PRO~qDE 7- 4'-8' DIA. LEACHING RINGS 87 - 263 B AREA = 21, 906 SQ. FT. [516) P. O. BO MAIN ROAD SOUTHOLD, 3. LIC. NO. 49618 & ENGINEERS, P.C. N.Y. 11971 / N. 77' 37' F£ · B~ (2 retail KEY MAP SITE PLAN OF PROPERTY AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. APR. 2, 1987 JUNE 29, 1987 APR. 21, 1988 SEPT. 4,1991 N I 0 I F RAYMOND F. NINE BUILDING ZONE DISTRICT, SCHOOL DISTRICT, FIRE DISTRICT, HB 30 MATTITUCK 9 MATTITUCK OWNER & DE~ELOPERS HARDY PLUMBING & HEATINS CO, JOSEPH A. HARDY I654 NORTH HIGHWAY SOUTHAMPTON, N.Y.,968 CERTIFIED TO,, CHICAGO TITLE INSURANCE CO. NORTH FORK SANK & TRUST CO. HARDY PLUMSING & HEATING CO. JOSEPH A. HARDY DRAINAGE CRITERIA NEW PAVEMENT AREA= 5300 SQ'FT._+ ROOF AREA = 2400 SQ. FT._.z- 77OO SQ. FT 7700:<0.17 x 0.9= 1iTB PROVIDE 7~ 4'-8' DIA. LEACHING RINGS LOT COVERAGE AREA COVERAGE STORES, HOUS~,DECK,COTTAGE,STAIRS~ ETC. §080/21,906 = 23% LO/ COVERAGE 5080 87 - 263 B LIGHTING HOUSE- PORCH LIGHT- ON AT DWELLEI~E DISCRETION. PET GROOMING ENTRANCE AREA TM -2], 906 SQ FT SITE PLAN 77o57'30"~' 1000 KEy MAP SLrFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES APPROVED FOR CONSTRUCTION ONLY TYPE ~ ~ ~ I APR 06 1989 F×IST/NG ~U]LDJNG COVERAGE- 16% DECK COVERAGE 20% PROPOSED BUILDING COVERAGE OF. PROPERTY AT MATTI TUCK TOWN OF Sou'rHOLD SUFFOLK COUNTY, N.Y. - 114 II 05 ZONING DISTRICT C FIRE' DISTRICT 30, MATTITUCK SCHOOL DISTRICT 9., MATTITUCK SCALE I" = 30' OWNERS g DEVELOPERS APR. 2 ,1987 HARDY pLUMBING ,~ HEATING CO. JUNE 29 , 1987 JOSEPH A. HARDY JULY 28, 1988 1654 NORTH HIGHWAY SOUTHAMPTON/N.Y. CERTIFIED TO ; CHICAGO TITLE INSURANCE COMPANY l NORTH OR'< SANK * *"US* CO. I HARDY PLUMBING ~ HEATING CO, I PUEEUANT T~F~L~UNTY 3~[~R~.~ES the L.I.A. LS o~ approved ana adopte;J I AND T~RE ~ILL ET~ED A T T~ ~TE ~E~ ~lC ~TS ~ I 87 -263