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HomeMy WebLinkAbout3930 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 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 ACTION OF THE BOARD OF APPEALS Appl. No. 3930 Matter of JOHN C. PERRONE. 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: Main Road, State Road 25, Mattituck, County Tax Map No. 1000, Section 122, Block 6, Lot 31. WHEREAS, a public hearing was held and concluded on April 19, 1990 in the matter of the Application of JOHN C. PERRONE under Appeal No. 3930; 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 north side of Main Road, State Road 25, Hamlet of Mattituck, County Tax Map No. 1000, Section 122, Block 6, Lot 31. 2. This is an application for Variances from the Zoning Code Article X, Section 100-10lB, for permission to occupy and use as a billiard parlor for commercial recreation. Page 2 - Appl. No. 3930 Matter of JOHN C. PERRONE Decision rendered May 1, 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 the 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 unreasonable 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. Grigonis, seconded by Mr. Goehringer, it was Page 3 - Appl. No. 3930 Matter of JOHN C. PERRONE Decision rendered My 1, 1990 RESOLVED, to GRANT a Special Exception in the matter of the application of JOHN C. PERRONE as applied under Appeal No. 3930, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the hours of the billiard parlor be from twelve p.m. till twelve a.m. during the weekdays and that on Friday Saturday and Sunday it will be operated from one p.m. till two a.m. 2. That there be no alcoholic beverages on the premises and that there only be prepackaged food and no cooking facilities. 3. That the building contain air conditioning and heating to prevent the doors from being opened to reduce the noise level. 4. That the playing of music shall be reduced to a level that cannot be heard from the exterior of the building. 5. That the Special Exception goes along with the property and to all subsequent owners of the lease while the billiard parlor is active. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki, and Dinizio, (Absent Serge Doyen, Fishers Island). This resolution was duly adopted. df RECEIVED AND FILED BY I THE SOUTHOLD TOWN CL~RK I Town Clerk, Town ~f ~..,ut,..o,d ] GERARD P. GOEHRINGER, CHAI~ 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 scoTr L. HARRIS ¥ Town Hall, 53095 Main Road P.O. Box 1179 Southold, Hew 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 THURSDAY, APRIL 19, 1990, at the following times: 7:30 p.m. Appl. No. 3926 - MURRAY JACOBS. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved for permission to construct an accessory shed in side yard, accessory buildings may be located in the required rear yard. Property Location: 1180 Sage Boulevard, Greenport, County Tax Map No. 1000, Section 53, Block 5, Lot 9. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 19, 1990 7:35 p.m. Appl. No. 3927 - MARK AND ELLIE GORDON. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct an accessory building to tennis court located in front yard, accessories permitted in the rear yard area only. Property Location: Private Road #7, Fords Road, Southold, County Tax Map No. 1000, Section 087, Block 01, Lot 18.4. 7:40 p.m. Appl. No. 3928 - SAMUEL AND RACHEL SALZMAN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct addition to an existing dwelling, proposed construction will have insufficient front yard setbacks. Property Location: 65 Old Salt Road and 400 Rochelle Place, Mattituck, County Tax Map No. 1000, Section 144, Block 5, Lot 22. 7:45 p.m. Appl. No. 3920 - A. LIOS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a deck addition to existing pool, proposed construction exceeds permitted lot coverage, and will have insufficient side yard setbacks. Property Location: 310 Linda Road, Mattituck, County Tax Map No. 1000, Section 106, Block 1, Lot 14. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 19, 1990 7:50 p.m. Appl. No. 3921 - EILEEN VILLANI. Variance to the Zoning Ordinance, Article XXIII, Section 100-239 B, for permission to construct deck addition to existing one family dwelling, proposed construction will be within 75 ft. of water or wetlands. Property Location: Private Road 925 Wood Lane, Peconic, County Tax Map No. 1000, Section 086, Block 06, Lot 10. 7:55 p.m. Appl. No. 3919 - THOMAS COLLINS. Zoning Ordinance, Article XXIII, Section 100-239 permission to construct a deck addition to a one Variance to the 4.B, for family dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 305 Dawn Drive, East Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 20. 8:00 p.m. Appl. No. 3930 - JOHN C. PERRONE. Special ~ eption to the Zoning Ordinance, Article X, Section 100-101B, permission to occupy and use as a billiard parlor for ~ ercial recreation. Property Location. Main Road, State~ d 25, Mattituck, County Tax Map No. 1000, Section 122, Block Page 4 - Notice of Hearings $outhold Town Board of Appeals Regular Meeting of April 19, 1990 8:05 p.m. Appl. No. 3914 - EVA HALLA. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Section 100-244, Bulk and Parking Area, Article XXIII, Section 100-239.4, building setbacks from water or wetlands, for permission to construct a one family dwelling. Property Location: 55 Glen Court, Cutchogue, County Tax Map No. 1000, Section 083, Block 01, Lot 01. 8:10 p.m. Appl. No. 3922 - ROBERT AND THERESA TURNER. Variance to the Zoning Ordinance, Article III, Section 100-30 A.4, Bulk and Parking area, for permission to construct an attached swi~ing pool to house. Drive, Laurel, County Tax Map No. Lot 17. Property Location: 1525 Albo 1000, Section 126, Block 03, 8:15 p.m. Appl. No. 3925 - ELSIE PARKIN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Bulk and Parking Regulations in this Division of Land. Property Location 7575 Skunk Lane, Cutchogue, County Tax Map No. 1000, Section 104, Block 04, Lot 27. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 19, 1990 8:20 p.m. Appl. LENCESKI. Variance construct a one Road, Mattituck, lot 14. No. 3908 - ROBERT OCHENREITER AND EDWARD for reversal of a building permit to family dwelling. Property Location 565 Bayer County Tax Map No. 1000, Section 139, Block 3, 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 April 9, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda OOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Southold Town Clerk TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Application No. Date Filed: I (We), Joh~l. C, Perrone of P.O.Box 1467, Mattituck~ (Residence, House No. and Street) New York 11952, (C/o Charles ~ Cuddv as Attorney. Box t647 Divm~hmm~ 11901) (Hamlet, State, Z_ Code, Telephone Num§er) ~ hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE X , SECTION IO0-101B , 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 billiard parlor for commercial recreation, fully enclosed, and uses normally accessory and incidental thereto associated with this activity. Area of occupancy for this use consists of four units, for a total area of 36 ft. x 80.~t. withtn Building #1 (closest to the Main Road). A. Statement of Ownership and Interest. is(are) the owner(s) of Parvi7 F~h~d property known and referred to as Mmin. Rn~ ft D ~K) ('House No., Strebt~ m~a~le~*F -~- Mattituck~ New York identified on the Suffolk County Tax Maps as District lO00, Section J_2.2., Block 6 , Lot(s) 31 , which is not ~xon a subdivision Map (~mdx but which Js , ~'~4~xoxf nn th~ ap~rnv~d Sit~ Plan dulv ~k£~)qBO(~m~Wiox , mm~xI~e~approved by th? Southold Town Planning Board on .... ,, . m~x~j~WMa~J(jMmj~)rx]xg~b~)~x~i~q~x for commercial uses tn this u" UistriCt. The above-described property was acquired by the owner on 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 and the abutting lands along the Main Road, as well as those lands opposite the premises along the South Side of the Main Road, are all commercially zoned and/or utilized. C. The property which is the subject of this application is zoned "B" IX ]..si consis~en~ with the use(s) described in the ~i~)O~xgO~x~lpxq~xl)~xi~ ~mxi~W~e~kbbx Zoning Code (copies attached .for re[erence). [ ] is not consistent with the Certificate of Occupancy being furn}shed herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: Sworn to before me this 28thday of (Notary Public) ~ ZB2 (rev. 2/6/86) (Signat ~/¥ur~ J~)Cllq~ February L/f, 1990. and j~ OWNER VILLAGE DISTRICT ~ LOT ACREAGE /,':, ~/_.~- ~" TYPE OF BUILDING Tillable; 2 Tillabl~ 3 Woodland SEAS, IMP. TOTAL DATE //~ ~'~/~..~./ so,4oo '",'I, l~ J CB .:/ MISC. J Est. Mkt. Value REMARKS BUILDING CONDITION NORMAL · ~ BELOW .ABOVE FRONTAGE ON WATER Acre Value Per Acre Value FRONTAGE ON ROAD BULKHEAD DOCK plo~ 77. · :2~0 ~(~) ~--i~(~ , Z~ ~-0 Foundation Bath ~' ,~ .l~~ ~,~ IO, ~L~ Basement Fl~rs ~,~ ~,~ Ext. Walls interior Finish ~ensi~ '~ .... ~· Fire PEace ~ Heat . : ~ Po~h R~f Tyne :' -- ~;: ~ , /,/~:~; . Porch R~ 1st Flor ~'~'~ : ' ' ~ :' ': ' Patio ~ ~reezew~ ~- . .- , ~ ' -, : -- _ R~ms 2nd Flor ~r~e,]?' ?'~:~..~ , . ' ,, Dri~ Dormer 0.8. , ~ ~ . ~ ~ ' t I. ~KOLK CO. TAX MAP ~. · ~ MONUMENT dlul~,~y PARVIZ FARAflZAD *lAN ~ ,Igl~ ~ ~] YOUNG · YOUNG EXHIBIT 'A' A~C MATTI3'UCI< R~80 LIO A-C R-80 GR~A T DEPARTMENT OF' PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H. KUNZ DIRECTOR OF PLANNING June 5, 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 application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Etleen Villani Murray Jacobs ~J~hn C. Perrone 3921 3926 3930 Very truly yours, Arthur N. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE. LI., NEW YORK 117EE 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 lO0-101 B Special Permit the refers Inspector. Appeal No.: 3930 Applicant: John C. Perrone Location of Affected Land: Main Road, Mattituck, County Tax Map Item No.: 1000- 122-6-31 Within 500 feet of: Town or Village Boundary Line NY XX 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 or Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. or Drainage Channel Established Channel COMMENTS: Applicant is requesting permission to occupy and use an existing building as a billiard room for commercial recreation. Copies Dated: of Town file and related documents enclosed for your review. May 31~ 1990 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 May 29, 1990 Charles R. Cuddy, Esq. Box 1547 Riverhead, NY 11901 Re: Appl. No. 3930 - John C. Perr0ne(Variance) Dear Mr. Cuddy: - 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 and all other involved agencies for proper permits as may be necessary before co~%mencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors, Office for their files and update. Yours very truly, GE~ p. GOEHRINGER CHAIP~ By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors, County Planning Office DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY £X£CUTIV£ Town of Southold Zoning Board of Appeals Re:  ~~ April 16, 1990 Appeal #'s 3914, 3919, 3921, 39 , 39 Town of Southold Gentlemen: Please be advised that pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above captioned application will not be reviewed because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin No. 8 of the Suffolk County Planning Commission. The following information will only be accepted upon submission through the offices of the municipal referring agency. Please provide the following: (1) a transcript of the minutes of the public hearing; and (2) the analysis and conditional findings of the ZBA. Thank you. Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/sGerald G. Newman Chief Planner APPEALS BOARD ' MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25' BOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (5'16) 765-1809 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 Variance from Determination of SouthOld Town Building XX the refers Special Exception, Article X , SectionlOO-lO1B, Inspector Subsection 6 Special Permit Appeal No.: 3930 Applicant: John C. Perrone Location of Affected Land: Main Rd., Mattituck, NY County Tax Map Item No.: 1000- 122-6-31 Within 500 feet of: XX Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned Land State or Federal Park or or 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. COMMENTS: Applicant is requesting permission ~ fnr oct,panty a~ use ~ billiard parlor for commercial recreation. Copies of Town file and related documents er~closed for your review. Dated: April.lO, 1990 DISCLOSURE AFFIDAVIT STATE OF NEW YORK) ) COUNTY OF SUFFOLK) JOHN C. PERRONE, being duly sworn, deposes and says= That I am the applicant concerning a Special Exception application before the Southold Town Board of Appeals concerning the occupancy of Building #1 at premises located on the north side of State Route 25 (Main Road) in Mattituck, Town of Southold, identified by Suffolk County Tax Map Number, District 1000, Section 122, Block 6, Lot 31, and make this affidavit to comply with the Southold Town Code as well as the General Municipal Law of the State of New York. That I am the proposed Tenant of Building ~1 at the subject site. That I am a resident of the Town of Southold. That I understand that this affidavit is required by Section 809 of the General Municipal Law. That as the applicant, I have an interest in obtaining the relief requested. That my wife, Holly Perrone, is an employee of the Town of Southold in the State of New York. That no the County of Suffolk or this application. Sworn to before me this 19th day of April, 1990. Notary Publ~ officer or employee of the State of New York, or of the Town of Southold has any interest in J~ PERRONE ~ CHARLES R. CU[')DY I~otary Public, Sta'te of ~ew York No, 5872295 Oualifiecl in Suffo;k g'ou'~ty Commission Expires Oac ' 1. ~ 9 ~ GH~t,~,$ R. [~UDDY ATTO]~Y AT LAW 18o O~ ~ Ro~ (R~. 58) ~~, ~ 11901 March 19, 1990 Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Special Exception - John C. Perrone Dear Sir or Madam: In connection with the above application for a Special Exception, the applicant seeks permission to occupy Building #1 (nearest the Main Road) as shown on the attached maps at premises located along the north side of the Main Road, Mattituck, New York. We enclose the following= 2. Mailin9 on the reverse thereof; 3. An original and three prints of a recent survey the parking areas. 4. Short Environmental Assessment Form; 5. Zoning Board of Appeals Questionnaire; 6. A check in the amount of $150.00. Zoning Board Application in triplicate; Notice of Adjoining Property Owner's Form with Affidavit of (depicting We ask that this matter be placed on the earliest available meeting calendar date in April 1990. Thank you. CRC=lk Enclosures Hand Delivery Very truly yours, es R. Cuddy ,~C,c~' 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 S% _~;~visor Town Hall, 53095 Main Road P.O. Box 1179 Southold, ~ York 11971 Fax (516) 765-t823 Telephone (516) 765-1800 April 9, 1990 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Appl. No. 3930 - JOHI~ C. PERRONE Dear Mr. Cuddy: This letter will acknowledge receipt of your application for a special exception and confirm that the Board members are individually conducting field inspections and review as may be required by state and local laws during the next couple of weeks concerning your application. In the interim, we ask that the ouside corners of the proposed construction be flagged, if not already done so. The public hearing on this application is expected to be held on or about April 19, 1990 at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time) in the near future. We do sincerely thank you for your continued patience during this period of transition within our department. Yours very GERARD p. GOEHRINGER CHAIRMAN GPG/df SOUTHOLD TOWN ZONING BOARD OF APPEALS COUNTY OF SUFFOLK : STATE OF NEW YORK SOUTHOLD TOWN ZONING BOARD OF APPEALS HEARING - In the matter of: Murray Jacobs, Mark and Ellie Gordon Samuel and Rachel Salzman A. Lios Eileen Villani Thomas Collins ~ohn C. Perrone~ Eva Halla Robert and Theresa Turner Elsie Parkin, Applicants 53095 Main Road Southold, New York 11971 April 19, 1990 BEFORE: GERARD P. GOEHRINGER, Chairman BOARD MEMBERS: CHARLES GRIGONIS, SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. JR. ALSO PRESENT: DOREEN FERWEPDA 25. that would be other than shielded to the property? MR. BOWMAN: No, sir, not that I'm aware of. THE CHAIRMAN: Will there be any further extensions on the deck? MR. BOWMAN: No sir. THE CHAIRMAN: Thank you very much. Is there anyone else who would like to speak in favor of the application? (No response) THE CHAIRMAN: Would anybody like to speak a§ainst the application? (No response) THE CHAIRMAN: Seein§ no hands, I make a motion to close the hearing and reserve decision till later. MR. DINIZIO: Second. THE CHAIRMAN: Ail in favor? MR. GRIGONIS: Aye MR. DOYEN: Aye MR. SAWICKI: Aye MR. DINIZIO: Aye THE CHAIRMAN: The next appeal is Legal Appeal Number 393_~0, ~ Notice reads as follows: Applicant Appeal Number 3930, Special Exception to the Zoning Ordinance, Article X, Section 100-10lB, for permission to Occupy and use as a billiard parlor for commercial 24. MR. BOWMAN: My name is Charles Bowman resident of Land Use Company and I'm repre M~Coll'ns. The situation here aga' , decks partially constructed. It is n(~ yet completed. There's still some deckin~ ' ' Mr. Collins was unaware of the need a 75' setback retirement. There is prop ty in ~e area that ha structures closer the 75'. I'm sure upon',,your inspection, property developed right to the with the lawn to the bulkhead deck would be 49' r~ther head. But certainly~\it is would conform to the n~ig~orhood. A1 so, it would not have any detrimental effect on Dawn Lagoon. We're here aft~r~\being advised by Mr. Lessard we should be h~re. So we hope you'll consider this. ' \\\ THE CHAIRMAN: We'd li~to ask ~wo questions, somewhat similar to ~e last hearing. Will, at ~any time, there b~,_ either gazebos or any/roofing placed on a ne of these three ~iers? MR. ~OWMAN: No sir. 11 see most ulkheads the existing 75' from the bulk- opinion that it THE CHAIRMAN: Will there be any lighting 26. recreation. Property location: Main Road, State Road 25, Mattituck, County Tax Map Number 1000, Section 122-6-31. The special exception reads: Occupancy for use of billiard parlor for commercial rec- reation, fully enclosed, using normal acces- sories incidental hereto associated with~is activity. Varying the occupancy for this use consists of four units, total area 36x80.4 within Building Number 1 closest to Main Road. I have a copy of the Suffolk County Tax Map indicating this and surrounding property in the area. Would you like to be heard, Mr. Cuddy? MR. CUDDY: Charles Cuddy for applicant, John Perrone who is at my side. I would first ask that you accept into the record the disclos- ure affidavit. Mr. Perrone's wife, Polly Perrone is now employed by the Planning Depart- ment. I'll hand that up to you. THE CHAIRMAN: Thank you very much Mr. Cuddy. MR. CUDDY: Mr. Perrone is a Mattituck resident who would like to open a billiard parlor on his property which is commonly known as 27. Mattituck Commons. It is on the north side of Main Road opposite a gas station in the business area. The property is surrounded by businesses. The site was approved about a year and a half. ago by the Planning Board, consisting of three buildings. This building that's nearest to the road, is approximately 2900 square feet and he proposes to install 12 billiard tables and to operate it under his direction. In other words, he will be there. He's going to lease the property. He's going to control it. He's going to supervise it. He intends that no one under sixteen will be · permitted on the premises. He intends to operate it on a basis from Tuesday through Sunday and he would operate it from hours of ... approximately, I would say twelve to twelve during the weekdays. He would operate it weekends from one p.m. to two a.m. Friday, Saturday and Sgnday. This is an area that has abundant parking for this type of operation because all the other places are closed during the heavy 28. hours that his billiard parlor would be operating. He's going to invest approxi- mately forty thousand dollars in getting the tables and set-up and he'll have a snack bar but no alcohol, so that's no problem. He's set conditions that there be no alcohol at these premises. . He's local and he's §oing to be in there full time. I would submit to the Board that this probably is as decent an operation as you could get. I believe that it conforms to all the requirements that are set forth in 263 and 264 of the Code. I don't envision that there would be any adverse effect on the surrounding area or upon the businesses or property. I'd ask the Board to approve this application. THE CHAIRMAN: Can I have the Sunday hours? MR. CUDDY: One p.m. to two a.m., I'm sorry, one to twelve and the Friday and Saturday hours are one p.m. to two a.m. THE CHAIRMAN: For the record, there is no school in close proximity except for the Laurel Elementary School? MR. CUDDY: That's right. THE CHAIRMAN: So that's no particular problem. There's no sale of alcohol so that should not be a particular problem. We have placed restrictions on other food establish- ments that are closest to the school in the past. But I don't foresee any problem in that respect. Thank you very much for coming in. MR. CUDDY: Thank you. THE CHAIRMAN: Would anybody like to speak in favor of the application? (Collective response: No.) THE CHAIRMAN: Would anybody like to speak against the application? (Collective response: No.) THE CHAIRMAN: Are there any questions from any Board Members? (Collective response: No.) THE CHAIRMAN: Hearing no questions, I'll make a motion to close the hearing and reserve decision until later. MR. DINIZIO: Second. THE CHAIRMAN: Thank you all for coming in. All in favor? 30. MR. GRIGONIS: Aye MR. DOYEN: Aye MR. SAWICKI: MR. DINIZIO: THE CHAIRMAN: Aye Aye Th~ next appeal number is 3914 and the Legal Notice reads .... could I just ask somebody to close that back door? ...Thank you. Appeal applicant, Eva Halla, Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Sec- tion 100-244, Bulk and Parking Area, Article XXIII, Section 100-239.4, building setbacks from water or wetlands, for permission to construct a one-family dwelling. Property location: 55 Glen Court, Cutchogue, County Tax Map No. 1000, Section 083-01-01. The survey I have before me, produced by Roderick Van Tuyl (phonetic spelling) the most recent date, September ... January'4,1990. We have a very interesting application here in that the applicant is requesting a zero lot line based upon the top of the bluff to Glen Court, which is simply at this particular point a paper street and the application 31. is a request that the deck be approximately 65 feet from the top of the bluff or what we refer to as the lip of the bluff. I have a zero lot line right adjacent to Glen Court with a 15'.setback on the west side, 33' on the east side. I have a copy of Suffolk County Tax Map indicating this and surrounding property in the area. Mr. MR. LARK: Richard Lark, Main Road Cutchogue. The first thing I'd like to hand up would be a single and separate ownership search which is 244 Section. Should you re- quire it, I hand that up as an exhibit. I thought the Chairman was going to read the application. The application is a part of the record, sworn by Mrs. Halla, on January 26, 1990. However, I would like to cover a couple of highlights for the Board since, as Mr. Goehringer said, this is a unique application. Mrs. Halla cannot be here tonight because she lives in Levittown and is ill. However, her builder, Mr. Dempsey is here and he can answer any questions since the application you have before you, she was working in 55. CERTIFICATION I, Myrtle Kiefer, do hereby certify that I am an Official Court Reporter and that' the foregoing constitutes a true and correct transcript according to my official stenographic notes. Date Myrtl~ Kiefer,%- ~; Grand Jury Reporter I'd like to run out for a second and grab a little more water. We'll recess. So move. Ail in favor? MR. GRIGONIS: Aye MR. DOYEN: Aye MR. SAWICKI: Aye. MR. DINIZIO: Aye (Recess of the Agenda for April 19, 1990) (Last hearing on April 19, 1990 Agenda, Robert Ochenreiter and Edward Lenceski, Number 3908 - See separate transcript, same date.) 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, N.Y. 11971, on THURSDAY, APRIL 19, 1990, at the following times: 7:30 p.m. Appl. No. 3926-- MURRAY JACOBS. Varianc~ to the Zoning Ordinance, Arti- cle Ill, Section 100-33, as dis- approved for permission to con- struct an accessory shed in side yard, accessory buildings may be Property Location: 1180 Sage · Boulevard, Greenport, County Tax Map No. 1000, Section 53, Block 5, Lot 9. 7:35 p.m. Appl. No. 3927--[ MARK AND ELLIE GOR- DON. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for per- permitted lot coverage, and will have insufficient side yard set- backs. Property Location: 310 Linda Road, Mattituck, Coun- ty Tax Map No. 1000, Section 106, Block 1, Lot 14. 7:50 p.m:'AppL No. 3921--~ EILEEN VILLANL Variance to the Zoning Ordinance, Article XXIII, Section 100-239 B, for permission to construct deck ad- dition to existing one family dweliin~ proposed construction will be within 75 ft. of water or wetlands. Property Location: Private Road 925 Wood Lane, Pecoulc, County ~ Map No. _ 1000, Section 0~6, Block 06, Lot. 10. - - 7:55 p.m. Appl. No. 3919- THOMAS COLLINS. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-239 4.B, for permission to construct a deck addition to a one family dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 305 Dawn Drive, East Marion, County Tax Map Nb 1000, Sec- mission to construct an acces- sory building to tennis court locauxi in front yard, accessories permitted in the rear yard area only. Property Location: Private Road Ir/, Fords Road, Southnld, County Tax Map No. 1000, Sec- tion 087, Block 01, Lot 18.4. 7:40 p.m. Appl. No. 3928-- SAMUEL AND RACHEL SALZMAN. Variance to the Zoning Ordinance, Article II1 A, Section 100-30 A.3, ns disap- proved, for permission to con- struct addition to an existing dxvelllng, proposed construction will have insufficient front yard setbacks. Property Location: Old Salt Road and 400 Rochelle Place, Mattituck, County Map No. 1000, Section 144, Block 5, Lot 22. 7:45 p.m. AppL No. 3920-- A. LIOS. Variance to the ZOn- lng Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a deck addition to existing pool, proposed construction exceeds tio.~.35, Block 5, Lot 20. .~,~8:00 p.m. Appl. No. 3930~ JOHN C. PERRONE. Special Exception to the Zoning Ordi- nance, Article X, Section IO0-1011L for permission to oc- capy and use as a billiard par- lor for commercial I~creation. Property Location: Main Road, State Road 25, Mattituck, County 'lhx Map No. 1000, Sec~ tion 122, Block 6, Lot 31. 8.'05 p.m. Appl. No. 3914-- EVA HALLA. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Section 100-244, Bulk and Parking Area, Article XXilI, Section 100-~39.4, build- ing setbacks from water or wet- lands, for permission to con- struct a one family dwelling. Property Location: 55 Glen Court, Cutchngue, County Tax Map No. 1000, Section 083, Block 01, Lot 01. 8:10 p.m. Appl. No. 3922-- ROBERT AND THERESA TURNER. Variance to the Zon- ing Ordinance, Article III. Sec- tion 100-~0 A.4, Bulk and P~rk- lng area, for permission to con- . struct an attached swimming ~ pool to house. Property Loca- tion: 1525 Albo Drive, Laurel, County Tax Map No. 1000, Sec- tion 126, Block 03, Lot 17. 8:15 p.m. AppL No. 3925-- ELSIE PARKIN. Variance to the Zoning Ordinance, Article 111 A, Section 100-~0 A.3, Bulk and Parking Regulations in this Division of Land. Prupeny Location: 7575 Skunk Lane, Cutehogue, County ~ Map No. 1000, Section 104, Block Lot 27. 8:20 p.m. AppL No. 39OS-- ROBERT OCHENREITER AND EDWARD LENCESKL Variance for reversal of a build- ing permit to construct a one family dwelling. Property Loca- tion: 565 Bayer Road, Matti- tuck, County Tax Map No. 1000, Section 139, Block 3, Lot 14. The Board of Appeuls will at said time and place hear any and all persons or ~epresentatives de- ' siring to be heard in each of the above matters. Written com- 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 needed. For more information, please call 765-1809.. Dated: April 9, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreco Ferwerda IX,. 4/12/90 (8O) NOTICE OF HEARINGS NY 11971, on THURSDAY, APIUL 19, 1990, at thc following timcs: 7:30 p.m. Appl. No., 3926 -- 53, Block 5, Lot 9. proved,,for permission to construct an acc.¢sso~ building to tennis ~ourt lo~ated in front yard, accc, s- sori~ permitted in thc rear yard area only. Property Location: Private Road //7, Fords Road. Southold, County Tax Map No. 1000, Section 087. Block 01, Lot 18,4. 7:40 p.m. AppL No. 3928 -- SAMUEL AND RACHEL SALZ- MAN. Variance to thc Zoning Ordi- nance. Article II! A. Sc. orion 100- 30 A.3, as disapproved, for permission to construct addition to an existing dwelling, proposed Tax Map No. I000, Section 144, Block 5, Lot 22. 7:45 p,m. AppL No. 3920 -- A. I. IOS. Vadanc~ to thc Zoning Ordi- nance, Article XX1V, $cctlon 100- XXIII, Section 100-239 4. B, for Area, Article XXIII, Section 100- l)ropchy Location: 55 Glen Court, 1000, Sccnion 083, Block 01, 01. 8:10 p.m. AppI. No. 3922 ROBEFT AND 'IIqERESA TURNER. Tax Map No. 1000, Section 104, Block 04, Lot 27. 8:20 p.m. Appl. No. 3908 ROBERT OCHS 'ENRE1TER AND EDWARD LEIVC 'ESKL Vafianc~ fo~ BY ORDER OF GERARD p. GO 'IEHRI~GI~ APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE OOYEN, JR. JOSEPH H. SAWICK! JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, gl., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 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 t~ call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, dff GERARD P. CHAIRMAN GOEHRINGER HEARINGS FOR APRIL 19, Long Island Watchman Suffolk Times Clerk Bulletin Board Z.B.A. Bulletin Board Environment East, Inc. Richard Lark, Esq. Mr. Murray Jacobs Karen Hagen, Esq. Robert F. Kozakiewicz, Esq. Robert Bohn Ms. ?anya Lachenmer Robert Turner Charles Cuddy, Esq. Mr. Samuel Salzman 1990 - Legal Notices sent on or about the following: 3075 Indian Neck Lane Peconic, NY 11958 (for Gordon #3927) PO Box 1033, 7575 Cox Cutchogue, NY 11935 (for Halla #3914) Lane 1180 Sage Blvd. Greenport, NY 11944 (for #3926) Wickham, Wickham & Bressler Main Road, PO Box 1424 Mattituck, NY 11952 (for Parkin #3925) 616 Roanoke Avenue, PO Box Riverhead, NY 11901 (for Villani #3921) 779 PO Box 55 Peconic, NY 11958 (for Lios #3920) Land Use Co. 2576 Sound'Avenue Baiting Hollow, NY (for Collins #3919) 11933 1525 Albo Drive Laurel, NY 11948 (#3922) Box 1547 Riverhead, NY 11901 42 Maxwell Road Garden City, NY 11530 to 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 S.E.9.R.A. TYPE II ACTION DECLARATION SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 'Southold, New York 11971 Fax (516) 765-1823 'l~elcphone (516) 765-1800 Appeal No. 3930 Project/Applicants: County Tax Map No. Location of Project: JOHN C. PERRONE 1000-122r6-31 Main Road, State Road 25, Mattituck Relief Requested/Jurisdiction Before This Board in this Project: Occupy and use 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. tm JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL S]'ATISTICS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 Judith T. Terry Southold Town Clerk OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 20, 1990 To: Southo[d Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Re: Special Exception No. 3930 Transmitted herewith is Special Exception Application No. 3930 of John C. Perrone. Also included is a letter of transmittal from Charles R. Cuddy, dated March 19, 1990; Notice to Adjacent Property Owners; Short Environmental Assessment Form; survey; copy of deed; and copy of tax map indicating the parcel involved. o ~ROj~. ~U~.mER For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION lTD be completed by ADplicant or Project sponsor) 1. APPLICANT/SPONSOR rIes R. Cudl as 'or. Johr 2. PRQJECTNAME ;3. PROJECT LOCATION: Municipality TOwn County North Side of Main Ro'.ad (State Route 25), 617.21 Appendix State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSiVlENT FORM Mattituck, SEQR NY 11952 S. IS PROPOSED ACTION.' I'~ New E] Expansion r-[ M°dif/catl°~n/alteratIon X 0CCU anc Ex' ' · * 6. DESCRIBE PROJECT BRIEFLY: ~ To establish by Special Use in accordance with Article X, Section 100-101B(6) of the 5outhoZd Town Zoning Code, a billiard parlor for commercial recreational purposes within certain units of existing ?- AMOUNT OF [AND AFFECTED: 8. WILt. PROPOSED ACTION COMPLy WITH EXISTING ZONING OR OTHER EXISTING LAND USE RES'~-RIGTION$? r'~ Yes [r~ NO Ir NO, describe briefly See-Site P]an as Approved by the Southold Town Planning Board [] Park/Forest/Open space [::] Other "B" General Business DCES ACTJO,'~ INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATE--"~y FROM ANY OTHER G"(~--VERNMENTAL ~] Yes ~ NO I! yes, list agency(s) and permiuapproval$ Site Plan approva! from the Southold Town Planning Board. County Health Department approval, etc. for exist DOES ANY ASPECT CF THE ACTION HAVE A CU'-~RRENTLY VALID PERMIT OR APPROVAL? i n b u i I d i n s & s i t e. - Please see #10, supra. 12. AS A RESULT OF PflOPO'~EO ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MOOIFICArJON? ~:~[ye, I-I.o On--cate of ICERTIFYTHATTRE Use ifa rD riate for this business INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE *PPr,Cafluspo.sor ..~.: John C, Perrone (DrOOosed T~n~Rt Coastal ASsessment Form before proceeding with~ 1 (Co~:~mUed · an~ an environmental ~_~ev~ew AC~ before any action is taken. ~=vlew w~ll uu n'hUe ~ subm£ss£on (c} If all questions have been answered No it is likely that the (d) En_~vironmental Aesessmen~t 1. Will projec= result in a larce ohysical chanae Yes X ~o 3. Will project alter or have a large effect on , 7. Will project result in a major adverse effect on~¥es X~!'Io 8. Will proje'ct have a major effect on visual char-~Yes 10. Will project have a m~jor effect on existinq or _ Yes X _NO 11. Will project result in major traffic problems or . yes X_.Jo 12. Will project regularly cause objectionable odors, Will Project have any impact on public health [4. Will project affect the exi=ting communiEF by ~YeS ~LNo Preparer, s Signature: ~Yes --Jo,~n C-. Pcrro~a _ Representing.. Self as ProDpSed Tenant __ Oate;2~ /90 CONSULT YOUR LAWYER · SIGNING THIS INSTRUMENT--THIS INST T SHOULD BE USED BY LAWYERS ONLY. TAX M.'\P DE~.I¢;NA'rlON p,,,.!0600 s,~c 116.00 BIk O 1. O0 001.000 TH~ INDEN'~ made me c'~[~4'~ ~y of December . ~net~n hundred md eighty-six BET%%T. F2~ FRANK E. RUSKOWSKI, residing at (no~) Timber Drive, Calverton, N.Y.; DOROTHY RUSKOWSKI, as Executrix under the Last Will- and Testament of Alexander Ruskowski, deceased, late of Suffolk County (Suffolk County Surrogate's Court %1085-P-1986), residing at (no%) Smith Drive, Southold, N.Y.; SHARON FREEMAN f/k/a SHARON RUSKOWSKI, residing at (no%) Chestnut Lane, East Quogue, N.Y., LISA RUSKOWSKI, residing at (no#) Timber Drive, Calverton, N.Y., and ANTHONY I. RUSKOWSKI, residing at (no~) Timber Drive, CalvsrtOn, N.Y. being all the children of Anthony Ruskowski and devisees under the ~~.~xxx Last Will and Testament of Mary B. Ruskowski, parties of the first part, and PARVIZ FARAHZAD, r~siding at 10 Lotowana Lane, Stony Brook, N.Y. 11790 party of the second part, ll¥111q~q'H, that the party of the first part, in consideration of dollars, lawful money of thc United States. paid by the party of the second part, does hereby grant and release nnto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lyingand~ingiK~iX at Calverton, in the Town of Riverhead, County of Suffolk and State of New York, being known as part of Plots 6, 7 and 8 on a certain map entitled, "Map of James Smith Farms" and filed in the Suffolk County Clerk's Office on December 15, 1894 as Map NO. 491, and more particularly bounded and described as follows: BEGINNING at a monument on the southerly side of Middle Country Road (NYS Route 25) distant the following tie line crossing said Middle Country Road from the corner formed by the intersection of the northerly side of Middle Country Road (NYS Rte. 25) and the easterly side of Fresh Pond Avenue: South 73" 21' 10". East 411.28 feet which monument ~lso marks the point of intersection of the southerly side of Middle Country Road (NYS Rte. 25) by the westerly line of land now or formerly of William & Margaret Tintle; RUNNING THENCE from said point of beginning South 6" 30' 43" East along said land now or formerly of Tintle 2609.24 feet to a monument and land now or formerly of United States of America; THENCE the following four (4) courses and distances along last mentioned land: 1) South 83° 46' 57" West, 596.53 feet to a monument; 2) North 6" 34' 23" West, 503.88 feet to a monument; 3) South 86~ 48' 17" West, 321.08 feet to a monument; 4) North 5° 44' 53" West, 1975.52 feet to a monument and land now or formerly of Wesnofske; THENCE the following two (2) courses and distances along last mentioned land: 1) North 88° 31' 47" East 100.00 feet to a monument; 2) North 5° 44' 53" West 200.00 feet to a monument on the southerly side of Middle Country Road (NYS Rte. 25); THENCE the following three (3) courses and distances along said southerly side of Middle Country Road (NYS Rte. 25)I 1) North 88' 31' 47" East 124.74 feet to a point; 2) North 89° 17' 17" East 271.39 feet to a point; 3) North 89° 54' 34" East 397.22 feet to the monument at the point or place of BEGINNING. TOGETHER with all ) title and interest, if any, of the part)' rst part in and to any streets :tnd roads abutting' the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the part)' of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the part)' of the first part covenants that the party o{ the first Part has not done or suffered anything whereb), the s.aid premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the part)' of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the p~rpase of Pa),ing the cost o{ the improvement an~ will apply the same first to the payment of the cost of the improvement he{ore using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WlINESS WHEREOF, the party of the first part has dui), executed this deed the day and year first above written. IN PRESENCE OF: frank -g. Ru~kowski ' e Last Will & Testament of Alexander Ruskowskl, deceased Sh r. on R skowskI , ~.isa Ruskowskt by Sharon '$TSTE bF.XEW YOe~ COUNTY OF SU~OLK O. the 22nd~my o~ December 1986, be{ore me personaJly came Sharon Freeman f/k/a Sharon Ruskowski & Anthony I. Ruskowski, Jr to me known to be the individuals described in and who ~e~Uyted the foregoing instrument, and acknowledged that executed the same. No, 52-4527177, Suffolk Cotmty Term Expires March 30, 19/~°' STATE OF NEW YORK, COUNTY OF ss: On the day of "19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the ; of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE O~ ~ YORK, O~3N~Y OF SUFF(~LK) ss.: STATE OF NEW YORi~iUNTY.Of SUFFOLK , On the 31St day o'1" December ' 1986, before me personally came Frank I~. Ruskowski & Dorothy Ruskowski to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. ~IOT~,~ r;r~* *" t-UNDSTEDT r~u, STATE OF , STATE OF NEW YORK, COUNTY OF ss: On the day of 19 before me personally came ' the subscribing witness to the foregoing instrument with whom f am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows ; to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. ' On this 22nd day of December 1986, before me personally appeared Sharon Freeman, to me known to be the individual described in, and who executed the foregoing instrument, and to me know~ to be the attorney in fact of Lisa Ruskowski, the individual described in, and who as her attorney in fact executed the ss~e and acknowledged that she executed said instrtlnent as the act and deed of said Lisa Ruskowski by virtue of a power of attorney dated August 28, 1986, intended to be rec~)rded in the Suffolk C~unty Clerk's Office ~llatgailt anb ~,ale ~eeb / SECTION JRNICE M. 0LSEN WIIH COVENANT AG^INST GR^NI'OR'S AC'IS NOMR¥ PUBLIC, Stateof New Vo~k Tm. No. 71 2R6-~ 1 q~ scoc~ NO. 524527177, Suffolk Coullt~. ~OT Term Expires March 30, COUN~ Og TOWr~ TAX BILLING ADDRESS FRANK E. RUSKOWSKI, et al. TO PARVI Z FARAHZAD TICOR TITLE GUARANTEE ~p No. 382~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of : John C. Perrone (as ornDosed : lessee, tenant 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 request a ~:i~e:~k(Special Exception) (~xe~k~e~Rr~t~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: North Side Main Rnad. Mattituck 3~Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: ~nera! BuRinegs "B" District 4 Tbath$ sucbPelition, theundersi~ned willrequest[hefollowingrelief: SDecia! ExcePtion for occupancy of existinfi buildinq units as a bi]liard room for commercial recreational purposes. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article X Section 1 nn- 1 (1(1_ 1 ,q I R ( R ) 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) 765-1809. 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 19 ~ .90. John C. Perrone as Petitioner Owners'Names: Parviz Farahzad Post Office Address C/O Charl~ P r..ddy, F~q. v~:..~-.~ Box 1547~ Riverhead. NY ~1901 ~:~',Ce~le~, Tel. No. (516) 369-8200 proposed tenant [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Mr. and Mrs. William Konkel Main Road, Mattituck, 1000-112-6-32 NY 11952 Mr. Harvey Bagshaw 1000-112-6-35.6 New Suffolk Avenue Matt%tuck, NY 11952 ih Street ffolk, NY 11956 ne/S£ P 277 336 700 RECEIPT FOR CERTIFIED MAIL NO INSURANCE 0OVERAGE PR0VIOE0 NOT FOR INTERNATIONAL MAlL (See Reverse) _ -- I Sent to William Goodale & eno FnHrt. h St. ~ New ~u~fZ~l~.~Y 11956 Certified Fee [ Restricted Oehv Fe Linda F. Kowalski , residing at 930 01e Jule Lane, Mattituck, NY 11952 , being duly sworn, deposes and says that on the 19th day of March~ ,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 se[ opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southoid; that said Notices were mailed at the United States Post Of- fice at R i verhead, NY ; that said Notices were mailed to each of said persons by (certified) (~(ff~:~Ra~k Sworn to before me this 19th dayof M.arch ,1990 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) I. SLIrFOLK CO. TAX flAP OlST.JODO ~CTJ?.9,_ 8LOCK.O_~ LOTJI. $. o t / / / / / / EXHIBIT "A"