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Home My WebLink About3956 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 AuYiON OF THE BOARD OF APPEALS Appl. No. 3956 Matter of LLOYD GATES. Special Exception to the Zoning Ordinance, Article X, Section 100-101B, for permission to occupy and use as a Billiard Parlor for commercial recreation. Property Location: 46240 County Road 48, Southold, County Tax Map No. 1000, Section 55, Block 5, Lot 7. WHEREAS, a public hearing was held and concluded on July 25, 1990 in the matter of the Application of LLOYD GATES under Appeal No. 3956; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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. The premises in question is located along the southwest side of Route 48, Town of Southold, and is identified on the County Tax Maps as District 1000, Section 55, Block 5, Lot 7. 2. This is an application for Special Exception from the Zoning Code Article X, Section 100-101B, for permission to occupy and use as a billiard parlor for commercial recreation. ~age ~ - Appl. No. ~956 Matter of LLOYD GATES Decision rendered July 25, 1990 3. Article X, Section 100-101B, 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 herinafter provided, subject to site plan approval by the Planning Board. (6) fully enclosed commercial recreation facilities, including but not limited to tennis clubs, skating rinks, paddle tennis, handball and squash facilities, dance hall, billiard parlors, bowling alleys, health, spas and clubs and uses normally accessory and incidental to commercial recreation such as locker rooms, eating and drinking facilities and retail sale of goods associated with particular activity. 4. In considering this application, the Board finds and determines: (a) that there is no other method for appellants to pursue; and opening a billiard parlor for commercial recreation on the premises will require a special exception; !b) that the area chosen for the billiard parlor is not unreasonably located; (c) that the special exception will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the special exception, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded Mr. Doyen, ~t was RESOLVED, to GRANT a Special Exception in the matter of application of LLOYD GATES as applied under Appeal No. 3956, SUBJECT TO THE FOLLOWING CONDITIONS: the 1. That the hours of the billiard parlor be from 9:30 a.m. till 12:00 a.m. (midnight) during the weekdays and from 9:30 a.m. and 2:00 a.m. on Friday, Saturday and Sunday with this special exception. Page 3 - Appl. No. 3956 Matter of LLOYD GATES Decision rendered July 25, 1990 2. That there shall be no playing of pool or the use of video machines while public or private school is in session for patrons under the age of eighteen (18). 3. That there be no alcoholic beverages on the premises and that there only be prepackaged food and no cooking facilities (except for a (1) heating appliance used for warming prepackaged food). 4. That the building contain air conditioning and heating to prevent the doors from being opened and reduce the noise level. 5. That the playing of music shall be reduced to a level that cannot be heard from the exterior of the building. 6. That the Special Exception goes along with the property and to all subsequent owners of the lease while the billiard parlor is an active business on these premises. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Sawicki (Absent Charles Grigonis and Joseph Sawicki due to illness). This resolution was duly adopted. df .. GERARD P. GOEHI~INGER~.~HAIRMAN RECEIVED AND /LED BY THE SOUTHOLD TOWN CT.~.RK Town Clerk, Town of Soutlxcl~l _. 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 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 hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on WEDNESDAY, JULY 25, 1990, at the following times: 7:30 p.m. Appl. No. 3954 - PHILIP SALICE. Variance to the Zoning Ordinance, Article III A, Section 100-30A.4 (100-33), Article XXIII, Section 100-239.4 B, for permission to construct an accessory shed and deck with gazebo. Aqcessory shed is less than 3 ft. from a lot line, gazebo is located in the front yard and gazebo and deck are less than 75 ft. from the bulkhead. Property Location: 1945 Bayview Avenue, Mattituck, County Tax Map No. 1000, Section 106, Block 06, Lot 37. Page 2 - Notice of Hearings $outhold Town Board of Appeals Regular Meeting of July 25, 1990 7:35 p.m. Appl. No. 3960 - THOMAS & ALLISON SARGENT. Variance to the Zoning Ordinance, Article III A, Section 100-30A.3, for permission to subdivide a non-conforming lot. Proposed construction of new lot will have insufficient width, depth and total lot area for this district. Property Location: Private Road of Fox Avenue, Fishers Island, County Tax Map No. 1000, Section 06, Block 06, Lot 07. 7:40 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. Variance to the Zoning Ordinance, Article III A, Section 100-30.3, Article XXIII, Section 100-230 (A), Article III A, Section 100-30A.2 A(1) (100-31A), for permission to construct an addition to existing one family dwelling. Proposed construction is not a permitted use (1) one-family detached dwelling not to exceed one (1) dwelling on each lot (a two family dwelling is not a permitted use). Property Location: 185 Inlet Lane, Greenport, County Tax Map No. 1000, Section 43, Block 004, Lot 37. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of July 25, 1990 7:45 p.m. Appl. No. to the Zoning Ordinance, 3956 - LLOYD GATES. Special Exception Article X, Section 100-101B, for permission to Occupy and use as a Billiard parlor for commercial recreation. Property Location: 46250 County Road 48, Southold, County Tax Map No. 1000, Section 55, Block 5, Lot 7. 7:50 p.m. Appl. No. 3701 - CHARLES ZAHRA. Variance to the Zoning Ordinance, Article XXV, Section 100-243, Article XXV, Section 100-244, for permission to continue to use the second floor apartment as a non-conforming use. Property Location: 140 Pike Street, Mattituck, County Tax Map No. 1000, Section 141, Block 4, Lot 5. 7:55 p.m. Appl. No. 3915 - JORDAN'S PARTNERS. Variance to the Zoning Ordinance, Article VII, Section 100-71, as disapproved, for permission to construct office and retail stores. Proposed construction is not a permitted use in this District. Property Locations: 1000, Main Street and 160 Main Road, Greenport, County Tax Map No. 1000, Section 34, Block 2, Lot 1. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of July 25, 1990 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated July 17, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda iiiCIlV~N OF SOUTHOLD, NEW YORK APPLICATION FOR SPEC]AL EXCEPT]ON JUL o 3 lggO S, eutbdd Te, wn ~ TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Application No. ~b Date Filed: ~1~/ qc) I ~T~), Michael J. Hall, Esq., attorney for of 1050 Youngs Avenue (Residence, House No. a,d Street--~ Lloyd Gates, applicant Southold, New York 11971 (516) 765-1410 (Hamlet, State, Zip Code, Telephdne Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE × , SECTION 100-1015 , SUBSECTION 6 for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): Occupancy and use as a fully enclosed billiard parlor for commercial recreation and uses normally accessory and incidental thereto associated with such activity. A. Statement of Ownership and Interest. Beniamin Tong is~) the owner(~) of property known and referred to as 46520 County Road 48~ Southold, New York (House No., Street, Hamlet) also known as "Southold Square" identified on the Suffolk County Tax Maps as District lO00, Section 55 , Block 5 , Lot(x) 7 , which is not (ixk on a subdivision Map ~XXXXXXXXXXXXXXXX~ ~4x~xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx~xRkl~xkt4~x~xxxxxxxxxxxxx~ ~x~xx~~x~X~o~X~l~x%~xhl~m~dm~x~"~x~xxxxxxxxxxxxxxxxxxxxxxx ~XaX~I~R0~X~aOD~JX~Xt~R~D~but which is on the approved site plan for for commercial dses in t~e ~eneral Business (B) District The above-described property was acquired by the owner on May 31. 1989 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: The premises in which the proposed use is to be located and adjacent properties along the North Road (County Road 48) as well as those properties opposite said premises along the north side of North Road (County Road 48) are presently commercially zoned and/or utilized. C. The property which is the subject of this application is zoned General Business "B"and [ X] is cmnsistcnt 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 following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) ~ x// STATE OF NEW YORKi s/~.,~ ~.~ ~~/~ /~'~= / / ~-S i g n a t u r~'~/~'' Mi'chae 1 Swor~fore~eJhi~ 2nd day of ~ly //~ 90. J. Hall /o'd~- .~.s--x-.7 TOWN OF SOUTHOLD P Y RECORD CARD OWNER STREET FORMER OWNER '-' RES. SEAS. VILLAGE LAND IMP. DISTRICT A,CREAGE SUB. LOT TYPE OF BUILDING ' I VL , FARM TOTAL DATE cOMM. Est. Mkt. Value /boo AGE BUILDING CONDITIOh 13- I NEW NORA4AL ] BELOW Farm Acre .I V, alue Per Acre Tillable 1 Tillable 2 Tillable 3 j Woodland Swompland Brushland House Plot 1'oral ABOVE FRONTAGE ON WATER Value FRONTAGE ON ROAD BULKH~D ~ f M. Bldg. Extension Extension Foundation Bath Basement FIoor~ Ext. Walls Interior Finish Extension Fire Place Porch Parch Breezeway Patio Garage Driveway O. Bo Heat Roof Type Rooms lsf Floor Rooms 2nd Floor Dormer TOW~NOF SOUTHOLD. NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2506 Amended Dated January 6, 1979 ACTION OF THE ZONING BOARD OF APPEALS OFT HE TOWN OF SOUTHOLD To Colony Cabinets, Inc. (Robert Annison, as Agent) North Road Southold, New York 11971 Appellant at a meeting of the Zoning Board of Appeals on February 8, 1979 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( ~ Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By re~lution of the Bo~d B ~as determined ~at a special ~ception ( ) be granted ( ) ~ de.ed pursuant ~ Article .................... Section .................... SubsectiQn .................... para.apb .................... of the ~ning O~inance and the deccan of the Budding I~pector ( ) be revers~ ( ) be co~irm~ b~ause 7:40 P.M. (E.S.T.) Upon application of Colony Cabinets, Inc., (Robert Annison, as agent), North Road, Southold, New York, for a variance to the Zoning Ordinance, Article VI, Section 100-60 A for permission to operate a kitchen cabinet showroom and workshop. Location of property: North Road (C.R. 27), Southold, New York, hounded on the north by North Road (C. R. 27); east by North Road Associates; south by Goldsmith; west by Klein. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties or um~ecessary (b) The hardship created (is) (~ not) unique and (would) (would not) be shared by all prope~ies 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 (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE ~ ~ //'~ ZONING BOARD OF APPEAL~ ) be denied and After investigation and inspection the Board finds that the applicant wishes to operate a kitchen cabinet showroom and work- shop. Before the more sophisticated zoning ordinance of the Town of Southold was enacted, this was a permitted use in the zone in which this property is located. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary harship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use dis- trict; and the variance will not change the character of the neigh- borhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Tuthill, it was RESOLVED, that Colony Cabinets, Inc., (Robert Annison, as Agent), North Road, Southold, New York, be GRANTED permission to operate a kitchen cabinet showroom and workshop as requested. Location of property: North Road (C. R. 27), Southold, New York, bounded on the north by North Road (C. R. 27); east by North Road Associates; south by Goldsmith; west by Klein, subject to the following conditions: (1) If any change is contemplated in this business, have the prior written approval of the Board of Appeals. it must (2) Suffolk County Planning Commission approval.' Vote of the Board: AyeS: Messrs~ Gillispie, Grigonis, Tuthill and Douglass. TOWN CLERK TOWN OF $OUTI1OLD $uffolk Courtly, New York 516 - 765-180l ~ ~ /~.~ ' ~.~ i~' ' /I, ~ - Soutl~old, N. Y/~l~1971/~L-~W~ -~ 19 ~ J TnUN OF HEW YORK SUFFOLK SOUTHOLD R E A L P R 0 P E R-~$~ C R O S S R E F E R E N C E L I S P A R CEE --iDEN Y~'F~ C~T~ ~ARCEL ID Y CK R ~G N--A--M-- E $5.-4-4 55.-C-5 $5.-4-11 1988 - L~ND ~ $5.-4-14 5 5.'-~.-15 $$.-4-16 55. - 55° -~-~ 8 55.-4-19 55. -4-20 .... 55._4~21 $5.-4-22 SS.-~-~S. ~ 5S.-4-~8 SS. -4-)1 55. -4-35 55~'S-2_2 55.-S-S 55.-5-F 55.-5-10 5S.-5-12.1 55.-5-t2.2 5S. -S-14 5S.-5-15 55.-5-16 55. -6-1 55.-6-2 55.-6-3 C OB KREITSEK WILLIAM & ORS 2,000 ~ O~-~O--F~'ANK ~ ~-WF 1,100 C QJ NELSON CAROL A 1,100 C-'~F-TUT~L~- DONALD--& WF 1,~00 C QG BUCCI THEODORE J & WF 600 ~--~-Z~O~DS~IT~ MIRIAM' C RS CASE HELEN ~ 1,900 C-~E-'S-C'H~CHFER~'A~R~ E' ~ TE KONTOKOSTA EMANUEL C O'S--S-ULEIVAN -2OHN R--~'~F -o~00 C PL TUTHILL DONALD & LORNA 1,000 · --QE-~UND~CHUH'SIEGFRIED C PR SAUTHOFF~OMAS & WF 1,200 C QK ANDERSON EDWARD G & CA 1,200 C RW DORNAUER DONALD & WF' 1.ZUU C SP HALL CHARLES M & WF 1,200 C TI KEUPP GEORGE J ~&~F C NE B~AUN RICHARD ~ GEORGE t,~00 C OE BUSANi~RD-~M~E 1.~OO C OX HARWOOD LOUISE S 1,200 C PQ UTZ'CLIF~RD~-J-~ 1.2OO C QJ UTZ JANE P 1.000 CRC HARWOOD LOU~S 1.000 C RV MIRCHEL FRANK A & ETHE 1,200 C SO--TFA~OM~s R & WF I,ZUU C TH MORRIS VINCENT C & WF 1,100 C UA GREGG DOUGLAS A &~F 1,200 C OD KOHL GEORGE S & WF 1,200 C OW WILKS A~YH~TiTI'I W 1.200 C PP MULLEN RICHARD F III & 1,200 C RE~'~WIL~IAM-R~ELL 1,300 C UI GREFE JOHN A & ANO 300 C -VE YENNECOTT~P'~K ~R~P'~T 100 C SN ~ROWN ROBERT I & ANO 1,700 C ~ YENN~C~TT--PAR~-p~op 100 C TZ KAPUSTKA STEPHEN W & W 1.200 C PR~Y~C~HI-AM'AR~N 1.600 C PO GUNTHE~ RICHARD K 1,000 C Q~U~ ~R~ ~I ~AR D~ .... ~OU C RA ROSS JOHN C C ~T FUL~P-E~R[N~ LAWRENC 1.100 C SM MORRIS DAYSMAN & WF 1,100 C QN ~E~W~L[-~M A-~I C RJ REMPE GARY & WF 1.800 ~F~-~GE~ORPORATI'ON C PO SCHEACHTER CHERYLE L 500 CRA ~ERGLUND AUDREY ~TONG BENJAMI~ 9.000 't --P AG E -- -T'OWA:S - APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairm~n Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James 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 I1ichael Hall Esq. I030 Youngs Avenue Southold, NY 11971 Re: Appl. No. 3956 LLOYD GATES (Special Exception) Dear Mr. Hall, Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department to determine your next step with this project. If you require any further information please contact us at (516) 765-1809. Yours very truly GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure copy of decision to: Building Department County Planning ZBA/df DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H. KUNZ August 16, 1990 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following appllcation(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Anthony Mercorella James Mark Frances Frisbie dacque Kasaba loyd Gates #3944 #3947 #3949 #3950 #3956 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE. LI.. NEW YORK 11788 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 SCOFF 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 XIII of the Suffolk County Charter, Board of Appeals of the Town of Southold, New York, hereby the following to the Suffolk County Planning Commission: __ Variance from the Zoning Code, Article , Section XX Variance from Determination of Southold Town Building Special Exception, Article X , Section lO0-101B Special Permit the refers Inspector, Appeal No.: 3956 Applicant: Lloyd Gates Location of Affected Land: 46240 CR 48, County Tax Map Item No.: 1000-55-5-7 Within 500 feet of: Town or Village Boundary Line Southold, NY Body of Water {Bay, Sound or Estuary) XX State or County Road, Boundary of Existing or Boundary of Existing or Other Recreation Area Parkway, Highway, Proposed County, Proposed County, Thruway State or Federally Owl{ed Land State or Federal Park or or COMMENTS: Billiard 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, Within One Mile of a Nuclear Power Plant __ Within One Mile of An Airport. to occupy and use as Applicant is requesting permission Parlor for commercial use. Copies of Town file and related documents enclosed for your review. Dated: Aug. 14, 1990 JUL 2 3 July 20, 1990 Board of Appeals Town of Southold Main Road Southold, New York 11971 RE: MATTER OF LLOYD GATES SPECIAL EXCEPTION APPLICATION - BILLIARD PARLOR PREMISES: 46250 COUNTY ROAD 48, SOUTHOLD, NEW YORK Gentlemen: With reference to our Special Exception application for the use and occupancy of approximately 3600 square feet of space located at the above premises for a billiard parlor, the applicant, Lloyd Gates, may install, subject to the Board's aporoval, a snack bar and a maximum of five (5) video/electronic games of entertainment as incidental and accessory to the use as a billiard parlor for commercial recreation. Additionally, the applicant proposes to operate said billiard parlor 7 days a week during the following hours: Monday, Tuesday & Wednesday: Thursday & Friday: Saturday & Sunday: 9:30 a.m to midnight 9:30 a.m. to 2 a.m. Noon to 2 a.m. Also please find a revised floor plan of our proposed billiard parlor for your perusal. MJH:bal Very truly yours, Michael J. Hall July 18, 1990 Board of Appeals Town of Southold Main Road Southold, New York 11971 RE: SPECIAL EXCEPTION APPLICATION SOUTHOLD SQUARE SHOPPES LLOYD GATES-APPLICANT SCTM # 1000-55-5-7 Gentlemen: In connection with the above, I enclose herewith a scaled diagram of the proposed billiard parlor. If you require any additional docmmentation , please feel free to contact me. Very truly yours, M,JH:bal M±chae~all Board of Appeals Town of Southold Main Road Southold, New York 11971 July 11, 1990 Re: Special Exception Application Southold Square Shoppes SCTM # 1000-55-5-7 Gentlemen: In connection with the above referenced, I enclose herewith three (3) prints of the site plan where the proposed billiard parlor is to be located. Additionally, I also enclose letter dated July 5, 1990 from the Planning Board stating the site plan was approved on August 10, 1987. eI will submit shortly a scaled drawing of the floor plan showing~ square footage and dimensions of the p~oposed billiard parlor. / If there is anything additional you need, please feel free to contact me. MJM:bal Very truly yours, Michael .J. Hall 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 July 5, 1990 SCOTY L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765~1823 Michael Hall Attorney At Law 1050 Youngs Avenue Southold, New York 11971 RE: Southold Square Shoppes SCTM#1000-55-5-7 Dear Mr. Hall: The Planning Board has reviewed your letter of June 29, 1990. The site plan for the above referenced property was approved and endorsed by the Planning Board Chairman on August 10, 1987. If you have any questions or require further assistance please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman JUDITH T. 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. 3956, LLOYD GATES DATE: JULY 2. 1990 Transmitted is application for special exception submitted by Michael J. Hall on behalf of LLOYD GATES together with a letter from Michael J. Hall; notification to adjacent property owners; survey of property; short environmental assessment form; Zoning Board of Appeals Questionnaire form; copy of Deed; Certificate of Occupancy from the Building Department; and letter from property owner, Benjamin Tong, giving permission for Lloyd Gates to obtain a building permit through Michael Hall to operate a Billard Parlor. Judith T. Terry Southold Town Clerk Board of Appeals Town of Southold Main Road Southold, New York 11971 July 3, 1990 Gentlemen: I am the attorney for Lloyd Gates of 42 Marc Drive, Ridge, New York who proposes to operate a billiard parlor at premises known at Southold Square located at 46520 County Road 48, Southold, also known and designated on the Suffolk County Tax Map as 1000-055.00-05.00-007.000. Pursuant to Article X, Section IO0-101B sub. 6 of the Southold Town Zoning Code, the aforesaid use will require special exception approval by the Board of Appeals. Accordingly, I submit herewith the following documents to obtain the necessary approval for this proposed use: 1. Special exception application (in triplicate) 2. Notice to Adjacent Property Owners Form with Proof of Mailing of Notice 3. Short Environmental Assessment Form 4. Z.B.A Questionaire 5. Three (3) prints of survey 6. Three (3) prints of approved site plan (to follow) 7. Scaled drawing of floor plan showing square footage and dimensions (to follow) 8. Copy of Recorded Deed 9. Copy of Certificate of Occupancy 10. $150.00 filin~ fee (check #2204) payable to "Southold Town Clerk" 11. Letter of Authorization to Michael J. Hall, Esq. as atttorney for applicant It would be greatly appreciated if this matter could be scheduled for your July meeting. If there are any additional items you need, please contact this office and I will provide them immediately. MJH:bal Enclosures Very truly yours, Michael J. Hall Ft-om : BENJAMIH TONG (5~ 364-8566 P01 BENJAMIN TONG 390 MUTrONTOWN ROAD Mu3-rONTOWN, N'E~N YORK ! 1791 (5t6) 364-S566 June 18, 1990 Town of Southold, Southold Southold, New Yolk 11971 Building Department Re: Building Permit Southold Square To whom it may concern: Please be advised that I have given my permission to Mr. Michael Hall as attorney for my tenant Mr. LLoyd Gates to apply for a building permit to operate a Billard Parlor at my shopping center on the North Road, Southold, New York. Sincerely yours, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki .lames Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN ~)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 S.E.9.R.A. July 25, 1990 TYPE II ACTION DECLARATION Appeal No. 3956 Project/Applicants: County Tax Map No. Location of Project: Lloyd Gates lO00- 55-5-~ 46250 CR 48, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to occupy and use as a Billiard Parlor for commercial recreation. 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. mc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHOLD TOWN ZONING BOARD OF APPEALS COUNTY OF SUFFOLK : STATE OF NEW YORK SOUTHOLD TOWN ZONING BOARD OF APPEALS HEARING, : Town Hall 53095 Main Road P.O. Box 1179 Southold, New York July 25, 1990 9:45 P.M. BEFORE: GERARD P. GOEHRINGER, Chairman BOARD MEMBERS: CHARLES GRIGONIS, JR., SERGE DOYEN, JR. JOSEPH H. SAWICKI, Absent JAMES DINIZIO, JR. Absent ALSO PRESENT: DOREEN FERWERDA, Secretary GAIL ROSCHEN Official Court Reporter 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 2 (Continuing Southold Town Zoning Board of Appeals Hearing, July 25, 1990) THE CHAIRMAN: The next appeal is Number 3956, in behalf of Lloyd Gates. The legal notice reads as follows: "Appeal No. 3956, Lloyd Gates. Special Exception to the Zoning Ordinance, Article X, Section 100-10lB, for permission to occupay and use as a Billiard parlor for commercial recrea- tion. Property Location: 46250 County Road 48, Southold, County Tax Map No. 1000, Section 55, Block 5, Lot 7." I have a copy of the survey. It requires a shopping center, which is a one- story building. This one-story unit of 60 by 60 is out of that particular building, basicall' towards the west side of the shopping center. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody that would like to be heard on behalf of this application? MR. McGAYHEY: Donald McGayhey. I am of Counsel this evening to Mike Hall of 1050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 Youngs Avenue, attorney for the Applicant, Mr. Lloyd Gates who is sitting on my right here. Mr. Gates would like to open a billiard parlor to be located on the North RDad at the commercial properties, a small shopping center known as Southold Square. We will be occupying probably 3,600 square feet. As you know, North Road is very heavily commercial property. Ther, are numerous commercial properties located on both sides of the street. This type of business is becoming a very growing type of sport, as you know. This Board recently approved a billiard parlor on Main Road, in Mattituck, on May 1, 1990. I feel that our application is very similar to that application. This is going to be a family-run business. It will be run by Mr. Gates and his dad, Lloyd Gates, Sr., who I might note is a permanent resident of the Town of Southold. With respect to the billiard parlor itself, we plan to have 15 pool tables with a small snack bar and, with the Board's permission, we would like to have a maximum of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 five electronic type of games of entertainment. I would also like to note there will be no alcohol served nor permitted on the premises. I would also like to note I do not believe, to my knowledge, any of the other adjacent businesses in the Southold Square sell alcohol. I don't feel there will be a problem, at all. Mr. Gates plans to invest a lot of money in this particular business. I can assure you that it is going to be well run and it will be well supervised. He wants to make it as attractive as possible to the clients using it as well as to the community on ~the whole. I really feel very strongly he is going to do that. This is at his utmost. would through which I Tuesdays, and Wednesdays he would like to start With the Board's permission, Mr. Gates like to operate seven days a week, Monday Sunday. During the following hours, submitted in the file, on Mondays, and run to midnight. 9:00 a.m. to 2:00 a.m. noon to 2:00 a.m. You said On Thursday On Saturday 9:00 a.m. to at 9:00 a.m. and Friday, and Sunday, THE CHAIrmAN: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 midnight. MR. McGAYHEY: Correction. 9:30 a.m. on both Monday, Tuesday -- Monday through Friday. THE CHAIRMAN: MR. McGAYHEY: Right. This proposed use is well suited and very compatible to the sur- rounding properties. The site plan for the Southold Square was approved as recently as three years ago. There is ample on-site parking. In fact, I believe there are approxi- mately 86 parking spaces, and none of the present businesses in Southold Square require any long-term parking. So I really don't feel that parking is a problem. As far as traffic is concerned, I also do not feel that the traffic generated by this type of business will be of any significance. The building where we will be located is properly air conditioned, and as far as the noise is concerned with the door closed all the time, the noise level will be kept at a minimum I would like the record to reflect that this Special Exception use is again very 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 6 similar to the Special Exception approved for the billiard parlor which you granted on May 1st, 1990. That one is known as Charlie's Place. This is significant in the sense that we are dealing with the same type of traffic, the same type of parking with the same type of noise, as well as the compatibility to the surrounding business properties. I submit to this Board that our appli- cation conforms in every respect to the general standards set forth in the Southold Town Building Zoning Codes, Section 263 and 264. In conclusion, I feel specifically that this use requires Special Exception approval this evening, is very compatible with the surroundin area and will not have an adverse impact on the surrounding properties or on the surroundin businesses. Much to the contrary, I think this type of business located in Southold Square will be both economically beneficial to the other businesses as well as socially beneficial to the community. I would respect- fully request the Board approve this applicatic 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 7 THE CHAI~AN: My concern is -- we have had similar concerns in Mattituck -- and I will be honest with you. It is not necessarily with the prior granting of the variance. We did Special Exceptions. We did for Charlie's Place, but we do have a problem with starting as early as they want to open this, with high school children or students who are of high school age and who probably should be in school, and either would skip school for the specific reason or whatever the case might be. That can be dealt with in two ways. We could ask or place in this restriction that no one under the age of 18 be permitted to play in this particular establishment, either a video game or a billiard, until 2:00 p.m. in the afternoon. Do you have any problem with that? MR. McGAYHEY: No. MR. GATES: Roy Gates. I have a problem The reason for the 9:30 opening is because we have discussed it with many people in the area, and I have been senior citizen groups. they are early risers. informed there are many I also was informed What we have intentions L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 of trying to do is get them involved with the business and that's why the earlier opening. Normally, 11:00 or 12:00 is generally when the billiard clubs do open, but because of the area we are coming into we would like to try that kind of opening. THE CHAIRMAN: I have no problem with that, as long as you are aware of the fact we are concerned with that particular issue. MR. GATES: I understand. I don't have a problem with under 18 until two-o'clock. THE CHAIRMAN: MR. McGAYHEY: THE CHAIrmAN: from any Board members? MR. DOYEN: No. THE CHAIRMAN: up a question. MR. DINIZIO: games. We thank you very much. Thank you very muc'h. Is there any questions James, you are conjuring Just about the video How strongly do you feel about installing video games in the billiard parlor? MR. GATES: It is a necessary evil in some cases. We are limiting it to partial entertainment. It is not going to be our full 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 thrust of business. On a Friday or Saturday night, sometimes Thursday night, you have a waiting list to get in. It will give somebody something to do while they billiards on the pool table. is billiards. I anywhere from 16 are waiting to play Our main business find in particular kids, being to 40, when they have nothing to do have a tendency to get in a little bit Of trouble -- in the area, at least. When they come and there is no table, they will have a little something to do. MR. DINIZIO: Is there an age limit to people allowed in there? MR. GATES: We are going to try for about a 16-year-old age limit. MR. DINIZIO: I realize you cannot probably legally -- MR. GATES: Well, there is a fine line. I mean if somebody is a little bit immature to be in and they're under 16, I have no intention of letting them stay. somebody is 42 -- THE CHAIRM3%N: pool tables cost For that matter, if My understanding is these in excess of five to $700 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 10 apiece. MR. GATES: Our price of the tables are about, with the light, it comes close to $3,000 apiece and you are dealing with 15 tables. THE CHAIRMAN: So you probably will watch it very carefully. MR. GATES: Considering there is no credit involved, it is cash up front. THE CHAIRMAN: Because refelting a table would probably cost you a good portion of that. MR. GATES: That runs about $350. It depends on how often the tables are used. THE CHAIRMAN: Thank you very much. Is there anybody else that would like speak in favor? MR. ZAHRA: That's an underassessment. is necessary. Charles Zahra. I think it We need this kind of entertain- ment on the North Fork due to the fact we have limited amounts for the kids. Myself, when I was younger, I played pool until all hours of the night in my basement, and I think it is much needed. Thank you. to 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE CHAIRMAN: question to the attorney. What is the timeliness on this? you want to get started on this project? 11 I just want to add one MR. McGAYHEY: As soon as possible. THE CHAIRMAN: Ail right. We hope for you very quickly. Thank you. .Again we thank you. have a decision MR. McGAYHEY: THE CHAIRMAN: When do to Hopefully, we will try to do it tonight. I am not guaranteeing it. Thank you. Hearing no further comments, I make a motion closing this hearing and reserving decision until after the meeting. MR. DOYEN: Second. THE CHAIRMAN: All in favor? MR. DOYEN: Aye. MR. DINIZIO: Aye. THE CHAIRMAN: The last hearing on the agenda is in behalf of Charles Zahra, and we reconvene that hearing. We ask Mr. Zahra if he has anything he would like to add, after our measurements that were taken, and so on and so forth, approximately three weeks ago on a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 CERTIFICATION 45 I, Gail Roschen, an Official Court Reporter, do hereby certify that the foregoing is a true and accurate transcript of my stenographic notes taken on July 25, 1990. G-k~-~' ~OSCH~N--- 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 hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS '~at a Regular Meeting, at tl~ · Southold Town Hall, Main Road, Southold, NY 11971, on WEDNESDAY, JULY 25, 1990, at the following times: ~7:30 p.m. Appl. No. 3954_~'~ [,"'PHILIP SALICE. Variance to [ ,~',~/~lle Zoning Ordinance, Article j L,i:~lll A, Section 100-30A.4 ~'~ (100-33), Article XXIH, Section" 1,100-239.4 B, for permission t° t 'construct an acCeSSory shed and ,~ deck with gazebo. Accessory, h shed is less than 3 ft. from a lot i ~c~Ehe, gazebo is located in the ~ 'front yard and gazebo and deck ?are less than 75 ft. from the bulkhead. Pmperty Location: .1945 Eayview Avenue, Matti~ tack, County Tax Map No. 1000, Section 106, Block 06, Lot 37. 7:35 p.m. Appl. No. 3960-- THOMAS & ALLISON SAR- GENT. Variance to the Zoning Ordinance, ArtiCle II1 A, Sec- tion 100-30A.3, for permission to subdivide a non-conforming lot. Proposed construction of new lot will have insufficient width, depth and total lot area for this district. Property Loca- tion: Private Road of Fox Ave- hue, Fishers Island, County Tax Map No. 1000, Section 06, Block 06, Lot 07. 7;40 p.m. Appl. No. 3955-- ~DOMINICK SBLENDIDO & ~!3.. AURICCHIO. Variance to 'jibe Zonin~ Ordinance, Article ' ~.II1 A, Section I00-30.3, Article '~XXIII, Section 100-230 (A), Ar-~ ~,ticle IIIfA, 'Section 100-30A.2 · .iI' A(1) (100:3IA), for permission to construct an addition to exi~t- ~ lng one family dwell ng. Pro- . posed construction is not a per- ~mitted use (1) one-family de- tached dwelling not to exceed one (1) dwelling on each lot (a two family dwelling is not a per- mitted use). Property Location: 185 Inlet Lane, Greenport, County Tax Map No. 1000, Sec- tion 43, Block 004, Lot 37. · ~'4~ ~m.,bgpt. t~. 3956-- blOVi~6~S. Special Excep- tion tO the Zoning Ordinance, Article X, Section 100-10lB, for permission to Occupy and use as a Billiard parlor for commercial recreation. Property Location: 46250 County Road 48, Southold, County Tax Map No. 1000, Section 55, Block 5, Lot 7. 7:50 p.m. Appl. No. 3701- CHARLES ZAHRA. Variance to the Zoning Ordinance, Arti- COUNTY OF SUFFOLK STATE OF NEW YORK ss: 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 published in said Long Island Traveler-Watchman once each week for ...................... .~.... weeks successively, commencing on the ........... d?,~. ..... day of. ....... ~ ...... 19 .?.~ . Sworn to before me this ............ /.Z ..... day of cie XXV, Section 100-243, Atli~. j cie XXV, Section 100-244, for . permission to continue to use ' ~ ~ .,~... ~'c~e~' the second, floor apartment as a / .~.... non-conforming use. Pmpert~ 'I'' '~' '~' ''~''''''''''~''' Location: 140 Pike Street, Mat- $ Notary Public tituck, County ~x Map No. I000, Section 141, Block 4, Lot 7:55 p.m. Appl. No. 3915'- JORDAN'S PARTNERS. Vasi- ance to the Zoning Ordina~ice, Article VII, Section 100-71, as disapproved, for permission to construct offide and retail stores. Proposed construction is not a permitted use in this District. Property Locations: 1000, Main Street and 160 Main Road, Gre~nport, County ~ Map No. 1000, Section 34, Block 2,. Lot L The Board of Appeals will at said time and place hear any and ~* siring to be heard in each of the ments may ·also be submitted prior to the conclusion of the · subject hearing. Each hearing will not start before time allot- ted. Additional time for your presentation will be available, if please call 765-1809. Dated July 17, 1990 ' BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By Doreen Ferwerdai! IX, 7/19/90 (3) BARBARA A. SCHNEIDER i'IOT?,RY ?L!DUC, State of New York ~!o (' :::if;,¢ ' :', ';elk Ccun)y / 6c; .. :~on '.*:..;~ ~ NOTICE OF IIEARINGS ' NO~,. CE IS HEREBY GIVEN. pumn~ to SecUre 267 ~ the Town Southold, the following hearings win be held by the SOUTHOLD TOWN BOARD OF API'EAL~ at e Regular Me~g. st the So~thold Town hall, N~ain R(~d, Southold, NY 11971~ o~WEDNI]$DAY, JuLY ~. l~t~dxe ~fo;H~owins pl-m:lP SALICIL ¥~ftance to the zonms Ordhane~-~fllc~ m A~ Sec~e !OO-30A.~ 0~0-33). Aflicle XXIll, Sectinn I00~239.4 Bi for pe~nlasi(m t~ construc~ Mimicks- soty shed and deck with gazebo. Accessory shed is less ths~ 3 from a lot line, pzcho is'located b~ head. Pr°P~zt~ ~neation: 194~ 7:3~ p.m. ~p. pl~ No~ 3960 -- THOMAS i &~ALL~SON SAR- 30A.3. f~ pomiuion to.subdivide a non-conforming lot. Proposed ccostmcfi~n o~ new lot will have insufficlcnt width, depth and total lot area~o! this d~striot. P~ope~_ Location: Private Road of Fox Avenue, Fithen ~sland, Cmm~y Tax Map No. 1000, $ectiow06, Block 7:40 p.m. APp'. No~'=~955 DOMINICK SBLENDIDO & AURICC~O. Yarh~'to the Z~m. ins O~dinanc~, A~icle mA, ~ 100-30,3, Article XXIII~ Section 100-230 (A), Article HI A, 100=30A.2 A(1) (100-3lA), f~r per- rnissi~n to conmu~t an 'addition to existing one fdnOy dwelllns: Pmr use. (1) on,-family detached dwelling n~.~to exceed one (1) dwcllins m ~ lot (a two fami] dwellinA is not a permitted use Pn~erry l.ocatiofl: 185 lnle~ Lane, Ol~enDort, coanty Tax M~p No. l~0, Sec~en 43, Rl~ck 004,-Sm 3/. /'~'/:45 p,m. Appl, No. 3956 to the Zonin$ Ordbtnnce, Article X, ' Section 100-101H, for permission to [occupy ind me as a Billiard perlor [for commercial t=c~eation. Property ~Lccatico: 46250 County Ro~d 48, ]Southold, County Tax Map No. ~'"7:50 p.m. Appl. No. 3701 ~ CHARLES. ZAHRA. Variance to the Zoning O~dinance, A~cle XXV. Section 100-243, Article XXV. Sec- tion 100-244, for permission to tinue to use.the second tloor a~e~t- meet as n non-conforming use. Pmpe~y Loc~tion: 140 Pike St~e~ Mattituck, Cotmty Tax Map No I 10~O, Section 141, Bl0c~4, Lot STATE OF NEW YORK) )ss: COUNTY OF SUFFOLK) Yvonne Lieblein of MattJtuck, in said County, being duly sworn, says that he/she b Pflncipal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that tho Not]ce of which the annexed is a printed copy, has been regularly published Iff said Newspaper once each week fo%91 weeks successively, commencing on the day of July 1990 7:55 p.m. Appl. No. 3915 -- JORDAN'S PARTNERS: Variance to thc Zoning Ordinance* ArtiCle for permission to construct ~fice tim is ~t~ permhted use in thi: District. PTopeny Locati~s: 1000 Main Street nnd 160 Mai~ Road Greenport, County Tnx Map No 1GO0, Seo. lon 34, Bloch 2, Lot 1. ~ 'i '/~e l~ard d Apl~als will at sa[ ainu or ,~entatives desiring to b heaid in each of thc above manet Writlen c~vnmems may also ~ sut mined ~ to the amclmion ~ th tobjeot hea~ns. Each brains w~ not start befo~ time allotted. Addi~ dmal time for yotv prcsemafim will be available, if needed. For more Dated: July I?, lg90 ' BY ORDER OF THE SOUTHOLD · . TOWN BOARI~OF APPEALS / GERARD E 0OEHR~GER /'By D~-~.~ Fe~ver~a 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 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your 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 times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERARD p. CHAIRM3%N dff FORM NO. 4 TOWN OF soUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. Z-16864 Date .. May 13, 1988 ....... E.VEN 'STORE SHOPPING CENTER .. . THIS CERTIFIES thaf the building EL . . So. uthold., N.Y. . ............................... Hamlet Location of Property &6520.,Count! Road ~)&8 ......... County Tax Map No. 1000 Section .. Q ,~ .5 ....... Block · · · Q ~5 .......... Lot ... O. 7 ............ FUed Map No Lot No ....... Subdivision ....................... conforms substantially to the Application for Building Permit heretffore fried in this office dated 1638 I Z April 8 1987 pursuant to which Building Permit No ...................... dated . Au g u s t 2.5., .1987 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 ......... GENERAL CONSTRUCTION OF ELEVEN STORE SHOPFING CENTER AS APPLIED FOR. The certificate is issued to ANDREW MICHAEL PROPERTIES, LTD. .................... (owner,~_¥~Y~Ya~/t~CX of the aforesaid building. Suffolk County Department of Health APproval 010-87-008 April 18, 1988 N853672 - February 17,.1988 .. . UNDERWRITERS CERTIFICATE NO ........ PLUMBERS CERTIFICATION DATED: March 24, 1988-MILLER PLACE HEAT RITE ........ Building Inspector 1181 617.~ Appon~i Slate Environmental Quality Rev SHORT E~J)/IRON~ENTAL ASSE$S~1E~IT FOR~! PART I~PROJEcT INFOR~,IATIoN (To ' For UNLISTED ACTIONs Only chael j. Hall, Esq. ~'~- a. ~ocAnO~uthoid ' Special Exception fo~ pronose b~llJard par. lo~ 46520 County Road 48 (North Ro~); Southold, New 'y - ' . Tax Ma~ No. Dist. }OqO, Sec. 055~ Blk. '~ ork ~uffolk Count to be located in li Store shopping To operate a billiard parlor for commercfal recreation. Total area apProximately 3600 sq. ft. at premises known as "Southold Square". 8. VIILLp~OpCs ~ um~,,,~ 3b00 Sq. ft. in existing ao~czo:~c · ~ g=,~, Shopping center S2CR Certificate of Occupancy ¥/Z-16864 dated May 13, 1988 issued for Eleven store center ~P~"¢..,,,~o.~o, ..m.: -- ~el J. Hall Esq. ~t~""'i~'~""~'('l~"aP"'~'"~'°'~'~ Zoning. Board of Appeals Special Exception Use approval __ . Il Ih ]eden is ;n the Coastal Area. and you are a stale agency, complele lbo Cons:al Assessment Form before proceeding wilh Ihi.~ assessment OVER 1 (Continued on reyer~e side} project is not significant. Yes X ~o 8. Will project have a major effect on Visual char- -~- 10. Will project have a m~jor effect on existinq Or future recreational Opportunities? · Yo~ , X No ~¥ez 12. Will P[ojcct reqUlarly cause objectionable odor:, I$. Is t~er~ Public controver, y£Oncern.__ - QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~ITI{ YOUR APPLICATION ~'01~15 TO THE BOARD OF A~PEALS 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 (Attached Town Code b)Are there any areas which con~in wetland grasses? is a list of the wetland grasses defined by Ch. 97 for your reference.) Yes~ any areas open to a waterway without bulkhead? Yes Are there existing structures at or"below ground level, such as patios, foundations, etc? (NA) Are there any existing or proposed fences, cDncrete barriers, decks, etc? (NA) If project is proposed for an accessory building or structure, is total height at more than 18 feet abov~ average ground level? State total: ft.~lA~ Yes No~% see q site Yes Not plan Yes No If project is proposed for principal building or structure, is total height at more than 35 feet above ground level? State total: ft. ~NA~ average Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes N~. Yes ~ Se Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes ~ 10. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): NONE Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes ~ Yes Yes Yes Yes Yes Yes Yes ~ 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes ~ 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? (NA) Yes No 13. Please list present use or operations conducted upon the subject property at this time Fruit/Vegetable Market, Pharmacy, Chinese take-out and proposed Billiard Parlor Restaurant Please submit photographs for the record. I certify that the above statements are true and are being submitted for r e 1~~..~ A p p ~n~o n~.~ e r~.~.~.y/~~i o ~ . Signature~o~er~y Owner) (Auti~orized Agent) / /88 WETLANDS [Amemled 8-26-7G by L.L. No. 2-1976: 85 by L.L. No. G-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermit(eh(il( 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 deDth of five (5) feet. including but not limited to banks. bogs. salt marsh, swami*, meadows, fiats or other low lying lands subject tn tidal action: (2) All banks, bogs, meadnws, flats and tidal marsh subject to such tides ami upon which grows or may' grow some or any of the following:, salt hay, black gross, ssi(worts, sea lavender, tall cordgrass, hilgh bush. cattails, groundsel, marshmallow and march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland a~ defined in Subsection Al2) and lying within seven- ty-five (751 feet landward of the most landward edge of such a tidal wetlaml. B. FRESIIWATER \VETI,ANI)S: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1. § 2,1-0107. Subdivisions l{a) to l(d) inclusive. of the Environmental Cooservatiou Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land." ns defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 .J CONSULT YOUR J.AWYER BEFORE SIGNING THIS INSTRUM[NT--THIS INSTRUMENT SHOULD BE USED BY ~WYERS ONLY. 10906 M98 ~lHD~made the 51St ~y o~ May BE~ ~DR~ MICHAEL PROP~RTIHS, ~ts'principal office located at 111 Route 547, party of the first part, and Muttentown, New York. ,nineteenhundredand eigh{~-nine LTD., a domestic corporation with Hauppauge, New York. BENJAMIN TONG residing at 390 Muttentown Road, partyo the,econd pa., 0 0 7 . . O, %VITNF~L~'TH, that the plrtPo~hPfirst part, in consideration of Ten Dollars and other valuable consideration paid by the Party of the second part, does hereby granl and release unto the party of the second part. the heirs or successors and assigns of the party of the second part forever. · i~.A~ that certain plot.~iece or parcel of land. with the huildi,gs and,improvements thereon orected, situate, i.g~ndbeioginth¢ lown of Southold, Count), of Suffolk and Stste of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Middle Road, 506.95: feet easterly when measured along the said southerly side of Middle Road, from the extreme easterly end of the curve which connects the southerly side of Middle Road with the east. erly side of Railroad Avenue (Youngs Avenue); RUNNING THENCE from said point of beginning and along the southerly side of Middle Road the following two courses and distances: C1) North 67 degrees 31 minutes S0 seconds east _ 301.88 feet; {2) Easterly along the arc of a curve bearing to the left, having a radius.of 2325.01 feet, a distance along said curve of 204.25 feet; THENCE south 8 degrees 57 minutes 30 seconds east along land now or formerly of P,K,B. Properties to the land now or formerly of La?orte, 220~09 feet; THENCE along land now or formerly of La Morte the following two courses and distances: (1) south 75 degrees 33 minutes 20 seconds west, 489.0S feet, (2) north 10 degrees 09 minutes 00 seconds west, 140 feet -to the southerly side of Middle Road at the point or place of BEGINNING. T/415 P~O 19. rremises being wn as and by 46520 County Road 48, Soutb~l.d, New York · ~]1~ p mi es o e ed he e'n's e i ~' TO~.l]i~,vith%l~t.~,~.Dee~. ~n ~xb~ 1~,~ ~e ~8~s .... . ....... n any, oI the ~rty ot the first l,a~n and to at~y strc~s and roaos anut.ng the a~ve descr bed prenfises to the center lines ther~f. and all the estate and rlvhts of . ~.0. _t .~ . , TOGETHER wi~h the a unen. }lOLl) the remises her~n v an~ ~:7,~' m~firs~ ~a~ m and to ~id premises; TO IIAV~p .the party of the second part forever P y e second part, the hetrs or successors and asmgns of AND the party of the ~'rst:pa~ covenants tlmt the party of the firs~ part Ima not done ot t~ffered anything whereby the said premises have been encumbered in any way whatever, except as alore~ ~ AND the party of lhe first part, in compliance with Section i3 of the Lien Law, coven;~ ~a 'that the party the first part will receive the consideration for this conveyance and will hold the right to ~ece ye such consld- eratlon as a trust fund to be applied first for the purpose of paying the cost of the mprove.~ent and will apply the same first to the payment of the cost of the improvement before using any part of the l.tal of the sa.me for any other purpose. The word "part)," shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN.WITNF..SS WHEREOF, the party of the first part has duly executed this deed tbe day and )'ear firsl above -.... \ /"" : ":-.-' :'__ ; .X W',W2t:o., . ' / ' .~11 '~h ~, ' e? COUNTY OF SUFFOLK ,,.,... $OUTHOL__D 'T R J Property Tax Service Agency r ¥1LI~GEDe~dC,.~,ii.O~ O55 PROPERIy R -80 R -80 R-80 . SOUTMOLD BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Lloyd Gates to the Board of Appeals of the Town of Southold TO: P.K.B Properties Mi~i~a~Goldsmith Emanuel Kontokosta Agnas Satkoski 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 lown of Southold to request a (Variance) (f~Special Exception~)(Special Permit) (Other) [circle choice] Special Exception ~ 2. Thattheproperty whichisthesubiectofthePetitionislocatedadiacenttoyourpropertyandisdes. cribedasfollows: 46520 County Road 48 (North Road). Southold~ New York Suffolk County Tax Map No. Dist. 1000, Sec. 055.00, Blk. 05.00 Lot 007.000. Said premises is also known as "Southold Square". 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: General Busin~ (B) hi~rrirr 4 Thath~sucbPetition, theundersigned willrequestthefollowingrelief: Soecial exception approval for occupancy and use of existing building units (3) as a billiard parlor for commercial recreation purposes 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article X Sect/on 100-10lB sub,6 6. That within five days from the date hereof, a written Petition requesting the relief specified above wilt 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: June 28, 1990 Lloyd Gates as proposed tenant Petitioner 0~ners'Names:Benjamin Tong PostOfficeAddress c/o Michael J. Hall~ Esq. 1050 Youngs Avenue, Southold, NY 11971 Tel. No. ( 516 ) 765-1410 [Copy of sketch or purposes.] plan showing proposal to be a a NAME Miriam Goldsmith Emanuel Kontokosta Agnas Satkoski P.K.B. Properties p 012 610 006 RECEIPT FOR CERTiFiED MAiL PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAlL RECEIPTS ADDRESS Southold, New York 11971 43 West 54th St., New York, New York 10019 Youngs Avenue, Southold, New York 11971 07 415 77~ FOR CERTIFIE' ~ANCE COVERAGE pROVIDEU )R INTERNATIONAL MAIL (See Reverse) ~uel Kontokosta ? 54th St. ~ main Road. GreenDDrt P 012 610 ?,CEIPT FOR CERTi NO INSURANCE COVERAGE t I NOT FOR INTERNATIONR (See Revers~ d ZIP ode 100 9 cefy Fee ~eiivery Fee pt SboWmg d Date De vered ~ 99o ~as Satko Avenue Z~P ode 3, ~ew Yoz te DeLivered 012 63,0 003 RECEIPT FOR cERTIFIED MAIL NOT ~OR INf ERNAlrLONAL N~A~L (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Michael J. Hall , residing at Youngs Avenue ~outhold, New York , being duly sworn, deposes and says that on the ZSth day of dune ,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 Southold; that said Notices were mailed at the United States Post Of- rice at Southold, New York (certified) (registered) mail. Sworn to before me this 2nd davo.fJuly ,19 90 Notary P u b] i-c~d ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.) ( c R 48) RoAD S 75° 35' IO"w ......... ~ 489,05' t~o~ NlQ/F AREA 198clcres MORTE SURVEy FOR ANDREW MICHAEL PROPERTIES, LTD AT $OUTHoL D TOWN OF SOUTHOLD SUFFoL t< COUNT y~ N.Y. 1000-55.05.07 Stole I" = 30' July 31, t987 ~CR 48) -. N/O/F LA MORTE CERTIFIED TO; FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK LANDMARK ABSTRACT CORPORATION TITLE NO. LM-89-5782-S ROOSEVELT SA VINGS BANK BENJAMIN TONG S 75° 33 I0" W pAVEMEHT ' 489,06' 0 O_ AREA 1.98ecres SURVEY FOR ANDREW MICHAEL PROPERTIES, LTD AT SOUTHOLD TOWN OF S~p_U._THOLD SUFFOLK COUNTY, N.~. 1000-55-05-07' Scole I' = 30' July 31,1987 JAN, 4, 1988 N.Y.S. tiC. NO. 49668 ~. YORS 8~ ENGIN£ER$~ P.C. !0 1197l 87-587B L' A. t% ,I¸ <~Y ~4AP' sheet ~ of ARCHITECTS PLANNERS ~u ~ ~, drawn