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TOWN OF SOUTHOLD, NEW ¥OKK ACTION OFT HE ZOI%qlWGBOARJ) OF APPEALS AppealNo. 2953 by application Dated February 3, 1982 Filed February 18, 1982 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Philip J. Ofrias, Jr., Esq. as attorney for Harvey Bagshaw Inc. 737 Roanoke Avenue, Riverhead, NY 11901 Appellant at a meeting of the Zoning Board of Appeals on ,~,r~, 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 (X) Request for a variance to the Zoning Ordinance Art. VII, Sec. ( ) 100-71 the appeal 1. Sl~.~q~ 5tw~x~q~l~ ~;g X~ wFz~5 ~i~ ~X~ ~z~I ~tX:~Ki~X ]kt:~ ~ ~X ~ ~ granied ( ) be denied pursuant ~ ~ticle .................... Section .................... Sub~ction .................... paragra~ .................... of the ~ning ~dinance and the dec,on of the Building I~peetor ( ) be reversed ( ) be c~/m~i~ePublic Hearing 3/19/82: Application of Harvey Bagshaw Inc., in care of Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of the construction of additions at the east and west sides of the existing building with insufficient setbacks and insufficient total yard areas at 7255 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-6-34. (SEE ATTACHED PAGE TWO) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE ATTACHED PAGE TWO) practical difficulties (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE ATTACHED PAGE TWO) (c) The variance (does) (does not) observe the ~pirit of the Ordinance and (would) change the character of the district because (SEE ATTACHED PAGE TWO) (would not) and therefore, it was further determined that the requested variance ( THE SOUTHOLD TOWN Cr.~ HOUm ) be granted ( ) be denied and ) be confirmed ( ) be reversed, lk ZONING BOARD OF APPEALS Page 2 Decision Rendered April 3, 1982 Appeal No. 2953 - Harvey Bagshaw Inc. By this appeal, applicant seeks approval of the construction of: (a) a 12' by 24' addition [portico] to the east side of existing principal building to park and protect a tow truck, and (b) a 20' by 44' addition on the west side of existing principal building for storage. The portico addition reduces the easterly yard setback to 13.6 feet and the westerly concrete block addition reduces the westerly yard area to 17.6 feet, as shown on the January 14, 1980 survey submitted with the subject application. The premises in question contains an area of approximately 22,620 square feet, which includes the triangular 48' by 180' section applicant states he acquired on August 2, 1979 increasing the yard area to the westerly side of the existing principal building. The parcel has road frontage along the State Route 25 of 100' with a depth along the private right-of-way of 180' and along the easterly side property line of 186.37'. A previous appeal has been applied for under Appeal No. 2022 which was given a conditional approval July 3, 1975 to construct an automobile body repair shop. It is also the understanding of this board that the Planning Board approved the site plan of this property on March 12, 1975 with certain conditions concern- ing landscaping, screening and prohibiting storage of disabled vehicles in the front parking area. In considering this appeal, the board determines that the variance request is not substantial in relation to the code requirements; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance, subject to the conditions listed below. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 2953, application of Harvey Bagshaw Inc. for approval of the construction of additions at the east and west sides of principal building as shown on survey dated 1/14/80 submitted with the appeal application, is hereby GRANTED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the easterly side area be used only for normal egress and ingress; 2. That there shall be no storage of any vehicles at or along the easterly side area, except for tow trucks to be housed at all times in the existing sheltered enclosure; 3. That the following uses cease at the easterly side area of the premises: [a] washing of cars, [b] parking of vehicles, Ici loading and unloading of vehicles. Location of Property: 7255 Main Road, Laurel, Map Parcel No. 1000-122-6-35.5 (or 34). Vote of the Board: Ayes: Messrs. Goehringer, and Sawicki. Member Douglass abstained from vote. NY; County Tax Doyen, Grigonis APPROVED NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals a~ the Town Hall, Main Road, Southold, NY on Friday, March 19, 1982 com- mencing at 7:30 p.m. and as follows: 7:30 p.m. Application of Daniel N. and Carolyn K. Baird, 61 Weltsweep Drive, Madison, CT 06443 for a Variance to ~he Zoning Ordinance, Article VII, Sectio~ 100-71 for permission to constru¢~ deck addition to dwelling with an insufficient rear- yard setback at 11 Greenwood Road, Fishers Island, NY; bounded north by Righter; east by F.!. Ferry District; south by Gilman; west by Greenwood Road; County Tax Map Parcel No. 1000-12-1-!3.1. 7:35 p.m. Application of Fishers Island Development Corp., Fishers Island, NY 06390 (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article IV, Section 100-41, Bulk Area and Parking Schedule for permission to divide existing house and lot with insufficient area and sideyards into two, single-family dwellings and parcels at the north side of Whistler Avenue, Fishers Island, NY; bounded north by Gallaher; east by Horning; south by Whistler Ave.; west by Scott; County Tax Map Parcel No. 1000-9-i0-part of 1I. 7:40 p.m. Application of Walter N. Pharr, Jr., 360 South ~arbor Road, Southotd, NY (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to use premises zoned B-Light for wholesale sales (in addition to retail sales, a permitted use). Location of Property: North side of C.R. 48, Southold, NY; bounded north by Morris and ors.; east by Charnews and ors.; south by C.R. 48; wes~ by Mudd and ano.; County Tax Map Parcel No. 1000-59-9-part of 30.2; also referred to as Subdivision Lot 2 of N. Aliano Subdivision Filed Map No. 250. 7:55 p.m. Application of St. Peter's Lutheran Church, Main Road, Greenport, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) (f) and Article VII, Section 100-70 for permission to erect an off-premises directional/ advertising sign upon property of F. Murphy, 8700 Main Road, Laumel, NY; County Tax Map Parcel No. 1000-122-07-006.2. 8:00 p.m. Application of Paul and Margaret Radich, 420 West Fourth Avenue, Roselle, NJ 07203 for permission to convert existing dwelling use to two-family dwelling use at 51170 Main Road, Southold, NY; bounded north by Jankowski; east by Southold School District; south by Kahrs; wes~ by Main Road; Counsy Tax Map Parcel No. 1000-70-2-6. 8:10 p.m. Application of Thomas H. Witschi, M.D. by Swim King Pools, Route 25A, Rocky Point, NY 11778 for permission Page 2 Legal Notice - Board of Appeals Recular Meeting for March 19, 1982 to construct inground swimmingpool in an area rearyard at 7670 Right-of-Way off New Suffolk NY; County Tax Map Parcel No. 1000-t16-04-03I. other than the Avenue, Mattituck, 8:15 p.m. Recessed Bearing of Anastasios and Anna Patience for permission to reconstruct and locate second dwelling as existed prior to destruction by fire. Peconic Bay Boulevard and Sigsbee Road, Laurel; County Tax Map Parcel No. 1000-126-5-13. f 8:25 p.m. Application of Harvey Bagshaw Inc., in care of~ Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY / /for a Variance to the Zoning Ordinance, Article VII, Section ~-~s~°~i~r~a~h~fe~t~s~~t~d~c~n~h~e~S~( / backs a~d ins~ff~cie!t tot~.yar~0a~s6a~4~255 Main Roadr Laurel, ~NY; County Tax Map P rcel N 100 - - - 8:40 p.m. Application of Jay P. and M. Joanne-Davis Slotkin, by Abigail A. Wickham, Esq., Main Road, Mattituck, NY for a rehearing of Appeal No. 2932 for permission to establish multiple professional medical offices on premises zoned "A" Residential and Agricultural, varying the zoning ordinance, Article III, Section 100-30. Location of Property: 50 Ackerly Pond Road [a/k/a 49725 Main Road), Southold, NY; bounded north by Johnson; west by Baker and Stoutenburgh; south by Ackerly Pond Road; east by Main Road; County Tax Map Parcel No. 1000-70-5-4. Dated: February 26, 1982. BY ORDER OF THE SOUTBOLD TOWN BOARD OF APPEALS GERARD P. GOEBRINGER, CHAIRM3LN By Linde Kowalski, Secretary Instructions to newspapers to print Thursday, March 11, 1982 and forward 8 affidavits of publication (ST) and one by L.I. Traveler. Copies of this Notice forwarded on Monday, March 8 to: Mr. and Mrs. Daniel N. Baird at CT & FI addresses. Richard F. Lark, Esq. for FIDCO and Walter N. Pharr, Jr. Mrs. Pamela Schinelter for St. Peter's Lutheran Church Mr. and Mrs. Paul Radich at NJ and Southold addresses. Mrs. Helen Cochran at Mt. Sinai address for M/M Radich. Thomas H. Witschi, M.D. Swim King Pools as aqent for Dr. Witschi Mr. and M~s. A. Parlance Gary Ftanner Olsen, Esq. for M/M Parianos ~/---~Philip J. Ofrias, Jr., Esq. for Harvey Bagshaw, Inc. Dr. and Mrs. Jay Stotkin Abigail A. Wickham, Esq. for D/M Slotkin Suffolk Times, Inc. L.I. Traveter-Watcb/~an Town Clerk Bulletin Board posted 3/6/82. Supervisor Town Board members Planning Board Secretary FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL No ................................ .... ,.. //~qp x2 PL~SE TAKE NOTICE that your application dated ...~:~2.~.O.~..~-/:.~...~.~. ..... t9 ~. for pe~it to construct . ~(~'. ~F~ ......... a[ Location of ~operry ........ ~ ~' ~ ............... ~~e~ ~7' Cowry Tax Map No. 1000 Section .../~ ..... Block ...~ ....... Lot .. ~ff~ ..... Subdivision ........ ~ Filed Map No ........ ~.. ........ Lot No...: .... -'T. ......... is returned herewith and disapproved on the following grounds .~. ~.cd77..: .~.~..~..../ZT.. ~2)~ .~... ~ ~ .o .~,-x::~z~..,...~-~..,.,.~..~'~x::,.~.....~..,,~'.,e~.. ~-..qe ~ ~..¢.~z:. F'~-.. ,d,~fx/t/r~.x~ 0,0 ~'~7~e.; ~-~ Building Inspector E ~ TOWN OF SOUTHOLD, N W YORK AP~ ~I~ISION OF 'BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF 5OUTHOLD, N. Y. t, (We) ~I/...Bagsbaw..,..Znc ........................... of C./Q..-P.~.l..iP..-J..-....O~r.~..s.,....J..r......,.....7...3./...R..c~D.o. ke Ave. Name of Appellan$ Street and Number Ri~.f~zh~d, 4~..': .........................................N~..Y~.k ............. ;HEI~EBY APPEAL TO Municipality State THE ZONI'NG BOARD OF APPEALS FROM THE DECIStON OF THE BU,ILDiNG INSPECTOR :ON APPLICATION FOR PERMIT NO ..................................... DATED ~..o~..~._~.;...~.9.~?. ~..~....C~...t..o.~. 22, ].981 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (X) (X) Name of Applicant for permit of Main Road, Laurel, New York Street and Number Municipality State PERMIT TO USE PERMIT 'FOR OCCUPANCY Building Permit I LOCATION OF THE PROPERTY N/£..~a~.Road .................................B.-z.L.Busin~ss. .............. Street Use District on Zoning Map ..c...c~...n..~.y_ ,~....m~..p... ~ .1..0..0..9r..]..2~. z.6z~ .~ ...................... Moo No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section aha Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) AR~ ~ZT 100-7~ 3. TYPE OF APPEAL Appeal is made herewith for ~ ) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A Drevious appeal (has)L~]Kl~j~) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was (X) request for ,: special ~ exception (×) request for a variance 2022 March 6, 1975 and was mode in Appeal No ...... 19~8 .................... Dated ....D~C~b~_~r..~.TT..~994 ................................ 1933 Au_c~st 1, 1974 REASON FOR APPEAL 1963 October 24, 1974 ( ) A Variance to Section 280A Subsection 3- (~) A Variance to the Zoning Ordinance ( ) is requested for the reason that applicant wishes to (bas) construct~ a 12' X 24~ addition to the eas~ side of the existing building to p~rk and protect a tow t~uck, 'and a 20' x 44' addition on the west side of the existJmg buil~J~ng for storage (with future office space above). ~om z~sl (Continue on ~--,,-,~_.' ) ~c"P~/'t#T¢-- REASON FOR APPEAL Continued sary ZT APPLICATION OF THE ORDINANCE would produce practical dif~J~ultli~s?or4~inece~- because 2. The hardship created is UNIQL vicinity of this property and in this is not shared by all p~ district because alike in the immediate 3 The Varicnce would observe the spirit CHARACTER OF THE DISTRICT because nonce and WOULD NOT CHANGE THE STATE OF NEWYO/K )) ss .COUNTY OF/ ) Signature R~ASON FOR APPEAL 1. STRICT APPLICATION CF THE ORDllqANCE would t~oduce practical difficulties or uncessary Hardship because this parcel, ~nen originally contracted for by the applicant in 1974, ~ras a small preexisting angular lot measuring 100 X 186 foot but only 95 feet wide, surrounded by other properties zoned both business and industrial. There was and still is a large gasoline service statmon and aatcmotive repair business directly across the street. (Also on the opposite, ~.side of a 50 foot wide right away to the west of applicants property is a coa~2erclal well drilling establishment). In any event, applicant made several applications to both the Board of Appeals and the Planning Board, as applicant heeded both variances and a special e~ception for his auto body repair business. By January, 1975, applicant bad finally secured the necessary approvals to construct a building with reduced side yards of 10 feet on the west and 25 feet on the east. It was at that point that applicant proceeded to close on the property. It was almost five years later, on August 2, 1979, that applicant acquire~ the ~nall triangular parcel of land immediately to the west of applicants property. This triangular parcel ms 180 feet deep, is 48 feet wicle at -the rear, and bas its apex (no road footage) at the edge of the highway. The acquisition of this property gave applicant additional roan on the west side of the building, ar~ also straightened cat applicats westerly side line so that it is now perpendicular tO the main road, hatter than cutting back at an angle across applicants property. Having acquired this additional parcel several years ago, applicant wishes to construct (actually has constructed) a 20 X 44 foot addition to the westerly side of the existing build- lng, which now leaves a westerly side yard of 17.6 feet, or some 7.6 feet greater than that approve~t in the previous appeal. It should also be pointed out that the parcel which now adjoins applicants land to the west is a 50 foot wide right-of-way which can never be ~Iproved or built upon, so a~hat in reality the addition to applicates building is oven 57 feet frc~ the next owner to the west. (The right-of-way provides access to an irregularly sbap~d ~ac~ ~r~/el to the north of applicants land). Applicant has also erected a 12 X 24 foot portico on the easterly side of the building which serves as protective parking for applicants tow truck (a pretty truck not a ratty one). Unfortunately this portico reduces the easterly side yard to 13.6 feet. It should be noted that this is not a totally enclosed structure, being primarily a source of protection frc~ rain and snow. The portico, incidently, serves as a noise buffer between applicant's shop and the adjacent parcel to the easn which is used as a combination law office/private residence. It is noteworthy that this building on the adjacent parcel is only /~.~-feet fr~m the property line. If applicant's parcel was not a preexisting substandard lot the requested variances would not be necessary. The shape of the parcel renders its substandard size even more restrictmng. This lot size problem has been alleviated s~newhat by applicant's purchase of the small triangular piece to the west, but even with that pmece added on, the combined parcels are still s~all and substandard. The westerly addition serves as a storage facility (in lieu of t~o tractor: ~ra~en type truck bedies which applicant could bave purchased for $1200, and for which no variance would have been necessary, and no increase in real estate tax would have resulted). So as to prevent this addition frem looking like an afterthought or add on, applicant had Reeve Lumber in Mattituck go back through its purchase order frc~ six years ago to determine the specific brand ar~ t~xture of the original roof shinqles, then lccate sc~e of the same shingles in a supply warehouse to insure the esthetic quality of the entire building. The -2- same thing was done with respect to the finding of identical paint and color as that used on the original main part of the building approximately tw~ years ago. The result of all this effort is apparent. The overall bu/lding (including the additions that require these variances) is a neat attractive structure which is substantially nicer than anything else in the i~medicate area. Applicant,s building not only preserves, but appreciable enhances the character of the district. The variances requested herein are necessary to enable applicant to keep the additions which have been acl~ed. These additions are necessary to enable applicate to maintain the volumue of business which has continously grown over the years to its present size. The denial of the application would cause applicant sever financial hardship. It should be pointed out that this increase in volumne which applicant seeks to maintain also enables applicant to ~uploy nine people on a full time yea~ round basis. There is substantial justifaction for granting_ this application. It is dif~icut to see where the denial of the application would do anything at all to prc~ote public health safety and welfare. day of ~e~g~haw, President DEPARTMENT OF PLANNING (516) 360-5513 Town of Southold Board of Appeals April 7, 1982 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications 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 Municipal File Number Harvey Bagshaw, Inc, 2953 Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- -~TATE ROAD 25 SnUTHFILD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Philip J. Ofriaa, Jr., Esq. 737 Roanoke Avenue Riverhead, NY 11901 Re= Appeal No. 2953 - Harvey Bagshaw Inc. Dear Sir or Madam: Attached herewith is a copy of the formal findings and determination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construction, or for a certificate of occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the building inspector at 765-1802. Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLO, L.h, N.Y. 11g71 TELEPHONE 1516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article VII , Section 100-71 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 2953 Applicant: Harvey Bagshaw Inc. Location of Affected Land: 7255 Main Road, Laurel, NY County Tax Map Item No.: 1000-122-6-34 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) X State or County Road, Parkway, Highway, Thruway __Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of-Way of Any Stream or Drainage --Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: ApplicantW~~~on to ]~qal~...On,hq violations of east and w~s~ additions of principal bu~l~nq w~eh insufficient setbacks and total yard areas. Condition. 1~.~ nn the attached. Copies of Town file and related documents enclosed herewith for your review. Dated: ~pril 3, 1982. Secretary, ~oard of Appeals Southold Town Boa] Appeals -19- ~arch 19, 1982 (Appeal No. 2947 - A. Parianos, continued:) MR. CHAIRMAN: Thank you. Any questions from the board? (None) Does anybody else wish to speak in behalf of the appli- cation? Anyone wishing to speak against the application? (None) Hearing no further comments on either side, I'll make a motion closing the hearing and reserving decision until a later date. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of the application of Anastasios and Anna Parianos, Appeal No. 2947. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent. PUBLIC HEARING: Appeal No. 2953. Application of Harvey Bag- Shaw, Inc., in care of Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of the construction of additions at the east and west sides of existing building with insufficient setbacks and insufficient total yard areas at 7255 Main Road, Laurel, NY; County Tax Map Parcel No. 1000,122-6-34. The Chairman opened the hearing at 8:51 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of the County Tax Map and we have a copy of a survey which dates back to January 14th, 1980 showing this property and the surrounding properties. Is there anybody that would like to speak in behalf of this application? Mr. Ofrias. PHILIP J. OFRIAS, JR., ESQ.: I would indicate that since the application was filed, Mr. Bagshaw has been in contact with Briarcliff, and has entered into anarrangement with them what would be permanent landscaping around the entire building and has labeled the types of trees and whatever that he suggests to be there and we've agreed with him. But this would be done assuming that the building is still there. I don't have much else to say other than what's in the application. I understand that the board has gone down and looked at the premises...I'm sure that everybody has seer it anyway being on the Main Road. Back last Spring...I don't know who ( ) but the driveway in the parking area had been moved out a number of years ago with oil and bluestone. This past Spring in order to coordinate the color scheme of the building which was quite attractive, Mr. Bagshaw had some red-colored stone strucked up from Pennsylvania at a cost of some $2,000. Basically, the only thing that did was color the parking area and the driveway area and makes the whole thing quite attractive I would think. It appears that way. As a matter of fact, I've seen since he's done that colored stone appearing in other driveways in and about town. I'm available for questions and · Southold Town Boa~of Appeals -20- ~arch 19, 1982 (Appeal No. 2953 - Harvey Bagshaw Inc.) MR. OFRIAS continued: Mr. Bagshaw is available if you gentlemen have any questions. MR. CHAIRMAN: Bob? Joe? (No questions.) Let's see if there is anybody else that would like to speak in behalf of the application. Is there anybody else that would like to speak in behalf of the application? Anybody like to speak against the application? Mr. Goodale. ANDREW GOODALE: I'm Andrew Goodale and I am not speaking directly against the application but I do have a few things that have bothered me inasmuch as my wife and I own the property immediately to the east of Mr. Bagshaw's garage, and it's the history that I had opposed this application to put in a body shop from the very beginning, and over the years some of the things Mr. Bagshaw promised that he would do he had done. Mainly he said that he would not put any junk cars in the front of the building and he has not. On the other hand some of the things that relate to the nuisance, for want of a better word, in the way of working in the area that is the driveway immediately to the west of my portion and also to the fact that a certain amount of noise eminates from the building and also due to the fact that occasionally I have observed fumes, rubber smold fumes coming out. Now, I went over and I spoke to Mr. Bagshaw and he was pretty good about it. He said, "Well let's see if we can't stop them and they happened in my absence." Well, the point here is is that noise is noise and when the door is open in the summer it is a very polluting noise. And it is a very annoying noise. Now that is what I am basically complaining about and I have had some dialogue with Mr. Bagshaw that he has executed a covenant that he would not put any salvaged cars in the front...so much the better. As far as the side is concerned, I haven't had any assurance that that would be the case, and now we are devoting our times to the fact, or rather our time at this time to the fact that there was a building put on the east side of the building which is as he described for the benefit of the tow truck. Well that in itself at the time he put it up, I visualized that he was going to work further in the area and that he was going to have a truck in there or he would use it for a storage or some other thing. That has not occurred as far as that building is con- cerned. He has moved, as I observed, the washing of cars to the west side of the building...so we are now, shall we say, at a point where if I can have some assurance that these things that I have complained about will be taken care of, then my objection will be negligible. Now as far as the junk cars, and they are junk cars, there has been mining in the past in the rear in order to take and create a level place that he could put cars...that is where they wound up. I understand that the property also to the rear all the way to the railroad has been acquired by Mr. Bagshaw, and ~ Southold Town BoaOof Appeals -21- ~arch 19, 1982 (Appeal No. 2953 - Harvey Bagshaw Inc.) MR. GOODALE continued: more power to him. I would like to see that he develops this property to the extent that the Zoning Board will permit him to so develop and that we will not have any problems because that portion of the property is exactly to the rear of mine. Now we're not at that particular point yet. What we are at a point now is that he's asking for a legalization, for want of a better word, on a property which was originally too small to take care of the operation. This is the function of the Board of Appeals to assess these items and to make a decision. To a certain extent, the hardship has been partially of his own making. I want to remain a good neighbor with Mr. Bagshaw, and I believe that he does, too. But like everything else, my legal training tells me that you better get something down that we won't have these things come up ...and I'll be chasing him in order to get relief...and that is not a very desirable end to this because litigation brings more litigation. So with that statement, he has quite a heavy burden here as I see it to overcome the denial of a building permit and the fact that he is going to have certain things by the landscaper... so much the better. I'm also concerned with the fact that the fence was put up between the two of us as a noise barrier by my son; and this is something that we're trying to keep down as far as noise is concerned. I don't think that we have any other things. Ordinarily, the gentleman is trying to make a living and as such he is doing a pretty good job. As far as I'm concerned, the original business was instituted and put in and it hasn't been a nuisance recently. The things that I am complaining about are of longstanding, shall we say, possibilities. In the event that he should sell the building or something else, I would like to have something in writing from him that these will not take place. MR. CHAIRMAN: Thank you, Mr. Goodale. Is there anybody else that would like to speak against the application? Is there anything you would like to say in rebuttal, Mr. Ofrias? MR. OFRIAS: Well, not so much in rebuttal. I'm not sure if any of you gentlemen sat on this board seven years ago when we first came for Mr. Bagshaw's original application for a variance. Mr. Goodale was here at that time also, and I think as Mr. Goodale has indicated at that time, I don't know what he envisioned. He vehemently opposed our application I believe because he lived next door and he had his law office next door. Now it's seven years later, and apparently I think Mr. Goodale agrees that what he thought might have happened has not happened and basically it is a compatible use that he has next door with the body shop and the way it is being maintained and run. Incidently, when you read the application, I saw that you said that the distance was a blank distance there. It should have been 10½ feet. Mr. Goodale's building is 10% feet from OMarch 19, 1982 Southold Town Boar~5~of Appeals -22- (Appeal No. 2953 - Harvey Bagshaw Inc.) MR. OFRIAS continued: the property line and had not been inserted copy apparently, not the one that mattered. in some copies. My I neglected to mention originally that the original variance gave a reduced sideyard to the west of ten feet. The sideyard to the west as it stands now with the addition that has been con- structed is 17 feet. The 17 feet is the sideyard that exists after the acquisition of the triangular piece of property, and then the erection of the addition. I believe on the survey I think I drew a red line on the original property line, which basically runs through the center of the addition. Further, the right-of-way, the 50' right-of-way which is adjacent to this property on the west is a 50' right-of-way that gives access to some 4 or 4½ acres in the back abutting up on the railroad track, of which Mr. Bagshaw is 50% owner of that parcel in the back. So while we don't own the right-of-way, or Mr. Bagshaw does not own the right-of-way, I don't believe there is any other, has access only to the parcel that is owned by himself and another partner in the back...so while we don't own it we probably have pretty good control over it because no one else has any use or interest in the use of the right-of-way. So while we only have a 17' sideyard there to the property line, I think we can take it into consideration with the 50' beginning at the 17 foot is the right-of-way to the use of Mr. Bagshaw's parcel in the back. MR. CHAIRMAN: Thank you, Mr. Ofrias. Anybody else like to say anything concerning this application? Any comments from the board members? (None) Hearing no further comments, I'll make a motion closing the hearing and reserving decision until a later date, thanking everybody for coming in. MEMBER GRIGONIS: Second. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 2953, application of Harvey Bagshaw Inc. until a later date. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) James M. O'Connell ATTORNEY AT LAW Red Spring Lane Glen Cove, New York 11542 February 26, 1982 BOARD OF APPEALS TOWN OF SOUTHOLD TOWN HALL SOUTHOLD, NEW YORK 11971 Re: Petition of Harvey Bagshaw, Inc. GENTLEMEN: As an adjacent pronerty owner in the Matter of the Petition of Harvey Bagshaw, Inc., I have no objection to the request for an anproval of reduced sideyards to legalize an existing addition. JMO:g Sincerely, · O'CONNELL (516) 676-1144 (516) 671-6867 LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Soutbold, a Regular Meeting and the following public hearings will be held by the Soathold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Friday, March 19, 1962, commencing at 7:30 p.m. and asfollows: 7:30 p.m. Application of Daniel N. and Carolyn K. Baird, 61 Wellsweep Drive, Madison, CT 06443 for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct deck addition to dwelling with an insufficient rear-yard setback at 11 Greenwood Road, Fishers Island, NY; bounded north by Righter; east by F.I. Ferry District; south by Gilman; west by Greenwood Road; County Tax Map Parcel No. 1000-12-1-13.1. 7:35 p.m. Application of Fishers Island Development Corp., Fishers Island, NY 06390 (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article IV, Section 100-41, Bulk Area and Parking Schedule for oermission to divide existing ( continued on next pa ge ) bounded north by Morris and ors.; east by Charnews and ors.; south by C.R. 4~; west by Mudd and ano.; County Tax Map Parcel No. 1000-59-9-part of 30.2; also referred to as Sub- division Lot 2 of N. Aliano Sub- division Filed Map No. 250. 7:55 p.m. Application of St. Peter's Lutheran Church, Main Road, Greenport, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6)(f) and Article VII, Section 100-70 for permission to erect an off- premises directional/adver- tising sign upon property of F. Murphy, 8700 Main Road, L~urel, NY; County Tax Map Parcel No. 1000-122-07-006.2. 8:00 p.m. Application of Paul and Margaret Radich, 420 West Fourth Avenue, Roselle, NJ 07203 for permission to convert existing dwelling use COUNTY OF SUFFOLK, STATE OF NEW YORK. ~ ss: .... ~ .~.o.y.y.~. ~.~.¥.~.o.~ ................. being duly Sworn, says that ..~.~..., is Printer and Publisher of the SUFFOLK to two-family dwelling use at 51170 Main Road, Southold, NY; bounded north by Jankowski; east by Southold School District; south by Kahrs; west by Main Road; County Tax Map Parcel No. 1000-70.2q~. 6:10 p.m. Application of Thomas H. Witschi, M.D. by Swim King Pools, Route 25A, Rocky Point, NY 11778 for permission to construct inground swimmingpool in an area other than the rearyard at 7670 Right-of-Way off New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-116-04-031. 8:15 p.m. Recessed Hearing of Anastasios and Anna Parianos for permission to reconstruct and locate second dwelling as existed prior to de- struction by fire. Peconic Bay Boulevard and Sigsbee Road, Laurel; County- Tax Map Parcel No. 1000-126-5-13. 7Ho.faS:25 p.m. Application of~ rvey Bagshaw Inc., in care~ Philip J. Ofrias, Jr., Esq., ] 737 Roanoke Avenue,/ Riverhead, NY for a Variance~ to the Zoning Ordinance,t Article VII, Section 100-71 for\ approval of the construction of ) additions at the east and west/ sides of the existing building[ with insufficient setbacks and~ insufficient total yard areas at ~ 7255 Main Road, Laurel, NY; ~ County Tax Map Parcel No. ~) 1000-122-6-34. 8:40 p.m. Application of Jay P. and M. Joanne-Davis Slotkin, by Abigail A. Wickham, Esq., Main Road, Mattitack, NY for a rehearing of Appeal No. 2932 for permission to establish multiple professional medical offices on premises zoned "A" Residential and Agricultural, varying the zoning ordinance, Article III, Section 100-30. Location of Property: 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold, NY; bounded north by Johnson; west by Baker and Stautenburgh; south by Ackerly Pond Road; east by Main Road; County Tax Map Parcel No. 1000-70-5-4. Dated: February 26,1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski, Secretary 1TMl1-3899 NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, N.Y. on Friday, March 19, 1982 commencing at 7:30 p.m. and as follows: 8:10 p.m. Application of Thomas H. Witschi, M.D. by Swim King Pools, Route 2~A,d Rocky Point, N.Y. 11778 ford permission to construct in- ground swimmingp~ol in an area other than the rearyard at 7670 Right-of-Way off New Suffolk Avenue, Mattituck, N.Y.; County Tax Map Parcel No. t000-116-04-031. 8:15 p.m. Recessed Hearing of Anastasios and Anna Pari- anos for permission to recon- struct and locate second dwell- ing as existed prior to destruc. tion by fire. Peconic Bay Boulevard and Sigsbee Road, Laurel; County Tax Map Par- cel No. p.m. Application of Harvey Bagshaw Inc., in care of Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, River-~.,, hgad, N.Y. for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approv- al of the construction of additions at the east and west sides of the existing building with insufficient setbacks and insufficient total yard areas at 7255 Main Road, Laurel, N.Y.; County Tax Map Parcel No 000-122-6-34. COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- m~n once each week for .................... ~ .................. weeks successively, commencing on the ........ ~x. ........................ day ,~f~ ...~m~.....~ .............. , 19..~..'). ............. Sworn to before me this ..... ~...~.. .................... day of Notary Public P. and M. Joanne-Davis Slot- .kin, by Abigail A. Wickham, Esq., Main Road, Mattituck N.Y. for a rehearing of Appeal No. 2932 for permission to establish multiple professional medical offices on premises zoned "A" Residential and Agricultural, varying the zon; lng ordinance, Article ltl, Section 100-30. Location of Property: 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold, N.Y.; bound- ed north by Johnson; west by Raker and Stbutenburgh; southy by Ackerly Pond Road; 'east by Main Road; County Tax Map Parcel No. 1000-70- 5-4. Dated: February 26, 1982. BY ORDER OF THE SOUTHOLD TOWN ROARD OF APPEALS .GERARD P. GOEHRINGER, ,,~ .. / ",~-, JUDITH T. TERRY TOWN CI~RK REGISTRAR OI VITAL STATISTICS K Southold, L. 1., N. Y. 11971 TELEPHONE (516) 765-1801 February 18, 1982 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2953 application of Harvey Bagshaw,Inc for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. JTT/bn Enclosures Town Clerk ~.J~l ~'~J~ 'row, OF $OUT, OLD. NEW YO,K APi~III~ ~I~)~I~III~ISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF $OUTHOLD, N. Y ^PPEA, NO. o2 3 DATE .F,..~....r/4....a~.. ~/.. ~.,....1..9. ~ 2 1, (We) ..H~k'lZf~IA.Bagshaw.,..Tn~ .......................... of C.Z..~.''`P..h"i~..ip.~.J~.~.~.f~.r~.i~a..s~....J.~r~..~.~..7.3~7.~.~`.c~.~ke Ave. Nome of Appellant Street and Number ........... Ri~erhsad,....;.; ....................................................... New..Ygr. k ............. HEREBY APPEAL, TO Municipality State '~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED l~'~.t..?~..f~..r~....C~.t..o.~. 22, 1981 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (X) (X) Name of Applicant for permit of ...................................................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Building Permit LOCATION OF THE PROPERTY N/S..Ma/n Road .................................. B=l..Busanas~ .............. Street Use District on Zoning Mop .~...o~..~c~f tax rr~.p .~..1.0Q.qr.122161.t4 Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance) AR~ V[T 100-71 TYPE OF APPEAL Appeal is made herewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap 62 Cons, Lows Art. 16 Sec. 280A Subsection 3 ( ) (X) ( ) 4. PREVIOUS APPEAL A prev,ous appeal (has)~t~) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeol was (X) request for o special ~ except±on (×) request for a variance and was mo~Je ,n Appeal No. ~2~0~2~2 ............. Dated ILVl. a~¢h 6~ 1975 "J_-~t~ ........ D~C~Lb~.~' ' ltl'/" 't974, ................................ 1933 Angust 2.. 1974 REASON FOR APPEAL 1963 October 24, 1974 A Vo.once to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested for the reason that applicant wishes to (has) construct~J a 12' X 24' addition to the east side of the existing building to park and protect a tow truck, ar~ a 20' X 44' addition on the west side of the existing building for storage (with future office space adore). Form z~! (Continue ~J~ON FOR APPEAL 1. STRICT APPLICATION CF THE ORDINANCE would produce practical difficulties or uncessary Hardship because this parcel, when originally contracted for by the applicant in 1974, was a s~all preexisting angular lot measuring 100 X 186 feet but only 95 feet wide, surrour~ed by other properties zoned both business and industrial. There was and still is a large gasoline service station and automotive repair business directly across the street. (Also on the opposite side of a 50 foot wide right away to t3%e west of applicants property is a cc~mercial well drilling establist~ent). In any event, applicant made several applications to both the Board of Appeals and the Planning Board, as applicant needed both variances and a special ~xception~for his a~to bcdy repair business. By January, 1975, applicant had finally secured the necessary approvals to construct a building with reduced side yards of 10 feet on the west and 25 feet on the east. It was at that point that applicant proceeded to close on the property. It was almost five years later, on August 2, 1979, that applicant acquirod the snall triangular parcel of land immediately to the west of applicants property. This triangular parcel is 180 feet deep, is 48 feet wide at the rear, and has its apex (no road footage) at the edge of the highway. The acquisition of this property gave applicant additional rc~m on the west side of the building, and also straightened out applicats westerly side line so that it is now perpendicular to the main road, rather than cutting back at an angle across applicants property. Having acquired this additional parcel several years ago, applicant wishes to construct (actually has constructed) a 20 X 44 foot addition to the westerly side of the existinq build- ing, which now leaves a westerly side yard of 17.6 feet, or some 7.6 feet greater than that approve~t in the previous appeal. It should also be pointed out that the parcel which now adjoins applicants land to the west is a 50 foot wide right-of-way which can never be improved or built upon, so that in reality the addition to aDplicates building is over 57 feet frc~ the next owner to the west. (The right-of-way provides access to an irregularly shaped ~ acre [~rcel to the north of applicants land). Applicant has also erected a 12 X 24 foot portico on the easterly side of the building which serves as protective parking for applicants tow truck (a pretty truck not a ratty one). Unfortunately this portico reduces the easterly side yard to 13.6 feet. It should be noted t~t this is not a totally enclosed structure, being primarily a source of protection frei rain and snow. The portico, incidently, serves as a noise buffer between applicant's sh©~ ar~t the adjacent L~nrcel to the east which is used as a cc~lbination law office/private residence. It is note~orthy that this building on the adjacent parcel is only /O~ ~k.e~ from the property line. If applicant's parcel was not a ~reexisting substandard lot the requested variances would not be necessary. The shape of the parcel renders its substandard size even more restricting. This lot size problem has been alleviated s~mewhat by applicant's purchase of the ~nall triangular piece to the west, but even with that piece added on, the ccmbined parcels are still ~all and substandard. The westerly addition serves as a storage facility (in lieu of t~o tractor trailer t_v~.~im truck bodies which applicant could have purchased for $1200, and for which no variance would have been necessary, and no increase in real estate tax would have resulted). So as to prevent this addition frc~ looking like an afterthought or add on, applicant had Reeve Lumber in Mattituck go back through its purchase order frcm six years ago to detemnine the specific brard and texture of the original roof shingles, then locate scme of the same shingles in a supply warehouse to insure the esthetic quality of the entire building. The -2- same thing was done with respect to the finding of identical paint and color as that used on the original main part of the building approximately two years ago. The result of all this effort is apparent. The overall building (incl~ing the additions that require these variances) is a neat attractive structure which is substantially nicer than anything else in the inmedicate area. Applicant's building not only preserves, but aprreciable enhances the character of the district. The variances requested herein are necessary to enable applicant to keep the additions which have been added. These additions are necessary to enable applicate to maintain the vol~nne of business which has continously grown over the years to its present size. The denial of the application ~ld cause applicant sever financial hardship. It should be pointed out that this increase in volumne which applicant seeks to maintain also enables applicant to employ nine people on a full time year round basis. ' There is substantial justifaction for granting this application. It is difficut to see where the denial of the application would do anything at all to prcmote public health safety and welfare. HARVEY BAGSHAW, I~. by Harvey~agShaw, President 1982 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : HARVEY BAGSHAW, INC. to the Board of Appeals of the Town of Southold : TO: Mr. & Mrs. Andrew Goodale, Main Rd. Mattituck NOTICE TO ADJACENT PROPERTY OWNER James O'Connell, Red Spring Lane, Glen Cove, NY 11542 Terry Woodhull, Bay Avenue, Mattituck, Ny 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 (Variance) (:~Le~d~E¥~ve~ ,~vr.g,~:~l~e:4~K~:gat~f~ ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Bounded on the South by Main Road~ on the West by ROW titled in James O'Connell, on the East by Andrew Goodale, on the North by Bagshaw and Woodhull 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: General Business B-1 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: approvals to legalize existing additons. reduced sid eyard 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 100 Section 100-71 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma), then and there examine the same during regular office hours. (516) 76'5-1809. 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: February /0 1982 Harvey Baqshaw~ Inc. Petitioner cP~%t Offi¢~ Addr~s Phl±lp ~. Ofrias, Jr. 737 Roanoke Avenue P.O. Box 462 Riverhead, New York 11901 NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. and Mrs. Andrew Goodale Terry Woodhull James O'Connell Main Road, Mattituck, New York 11952 Bay Avenue Mattituck, New York 11952 Red Spring Lane, Glen Cove, New York 11542 STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: Florence Wozniak , residing at Sound Avenue. Riverheado New York , being duly sworn, deposes and says that on the /O day of F-~-~-"~ ,19 ~ ,~- , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, d~rected to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Riverhead. New York ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to--his __ day of /-/ Notary Publk~ ~-- PHIL/p J'. OFRIAS, _%~.r~LHy PUBMc, State ~ ,-~. -- BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : HARVEY BAGSHAW, INC. to the Board of Appeals of the Town of Southold : TO: Mr. & Mrs. Andrew Goodale, Main Rd., Mattituck J~me~ Q'Connell, Red Spring Lane, Glen Cove, NY Terry Woodhull, Bay Aven~e, NOTICE TO ADJACENT PROPERTY OWNER 11542 M~tt~tuck, New YQrk YOU ARE HEREBY GIVEN NOTICE: 1. lhat it is the intention of the undersigned to petition the Board of Appeals of the lown of Southold ~ to request a (Variance) X~,~ilk~E[~rX)~lWCi~W~l~t~(~fll~[k%;k~R~K ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Bounded on the South by Main Road, on the West by ROW titled in James O'Connell, on the East by Andrew Goodale, on the North by Bagshaw and T,7oodhull ~.Thattheproperty whichisthesubjectofsuch Petitionislocatedinthefollowingzoningdistrict: General Bus~ness B-1 4. ThatbysuchPetition, theundersigned willrequestthefoUowingrelief: reduced sideyard ~ approvals to legalize existing additions. ~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 100 Section 100-71 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 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: February 17. 1982 · Harvey Bagshaw, Inc. Petitioner Po~Office 6ddr~s c/o Phi±~p J. Ofrias, Jr. 737 Roanoke Avenue P.O. Box 462 Riverhead, New York 11901 NAME Mr. and Mrs. Andrew Goodale Terry woodhull James O'Connell PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Main Road, Mattituck, New York Bay Avenue, Mattituck, New York Red Spring Lane, Glen Cove, New York 11952 11952 11542 IWW 1VNOIIVNB]INI llO'l ION 008£c16! -3Inv --O]OIAOUd 39V)~]A03 33NVBfISNI ON tuJod ~;4 (aSe),sod Snld) O :--*llVfl 031.*111B30 B0:I ld1303B STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Florence Wozniak , residing at Riverhead, New York , being duly sworn, deposes and says that on the 17 day of w~hrnary .19 82 . deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at R'i v~rh~ad: N~w York ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to.~j:fo~q~e_~e this '/1/- 9 ~.,~ ~ ...... ~i~r~-'Public ,T~ ~ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date ,/V'0 I/ , 19.Z.~. ........... ( ............................... ~ ................. ~ ........... .J .... ~I~'E~I-)E~ b N~( 119o I PLEASE TAKE NOTICE tho~ your ~p~licotion do~ed .......... ~t~-~ 19 .... ..../ for permit to construct ............................ ~ ........ at the premises located at .................................... ......................................................................~Z~ ~hlN '~h~ Street z Map ...................... ~ ............ Block ............................................ Lot ................................................ is returned herewith and disapproved on the following grounds ........ N ~?.~.~.[~.~. ............. ............................ ................................................................................. ..?.?..M ........ ~ ...... M ............................. ~ ....... ~.~ ....................................................................................... Building Inspector SHOL>T EHVIROF[~dEHTAL ASSESSh~ENT FO?d,t iNSTRUCTIOMS: · ~ In order to answer the questions in this short EAF it fs assumed that the preparer will use. currently available information concerning the project and the likely impacts of the action. It is not expected that additional studles, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely fhat fhls project is not significant. (d) Environmental Assessmen%, .. 1. Will project result in o large physical change to the project site ~r physically al~er more than 10 acres of land? .................. ~.;;-, Ye No 2. ¥1ill there'be a major change ~o any uniqu -unusual land form found on the site? .... ~g~... 3. ¥/ill project alter or hove o large'effect existing body of water? ...................... .. 4. Will project hove a potentially large impact , · on groundwater.quality? ........... ~ ~ .... · . , Yes~o 5.' Will project szgnificantly effect g Yes~q flaY! on adjacent sites? .................... ~-.. 6. ¥1ill project affect any threatened or endangered plant or animal species? .......... Ye~No 7 wiii j it i j d ff bt lity? ' 8. Will project have a major effect on visual character of the community or scenic views or. e~-~N vistas known to:be important to the community?. 'Y o 9. Will project a'dversely impact any site or .. structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental erea by a local agency? .......... ..~...---~.........._ Ye o 10. Will project have a major effect on existing ~0' or future recreational opportunities? ......... . Yes "11. Will project result in.major traffic problems ' o~ cause a major effect to e×,isting .~,/ . transportation systems? ....................... Ye~"~,No 12. Will project .regularly cause objectionable odors, noise,' glare, vibration, or electrical O result of the project' disturbance as s : . opero~ion? ~ ' 13.%'~ill project have an), impac[ on public health or.safety? .................................... %'Jill p~oject affect the existing community by directly causing o growth in permanent " population of more than 5 percegt over a one year period or hove o major negative effect on the character o~ the community or neighborhood? .... ~ ....................... Yes o 15. Is there publ~ntro~ersy coDcernlng the (Today's Date) To: Southold Town Board of Appeals Hain Road Southo!d, NY 11971 Application of ~V~ Re: Appeal Location of Property: ~./~/~ Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, PaLt 661, and Article' 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] [ ] Hay be located within 300 feet of tidal wetlands; ho%-~ever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* Hay be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. £ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* not appear to [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S.D.E.C.] S~ours, __ ~~re please) ~ PHILIP J. OFRIAS, JR. February 18, 1982 Southold Town Board of Appeals ATTN: Linda Main Road Southold, New York 11971 Re: ~3rvey Bagshaw, Inc. File No. X-6076 Dear Linda: with reference to the above matter and pursuant to our telephone conver- sation, let this letter confirm that on the appeal application the answer to question number three should b~ave been "A variance to the zoning ordinance or zoning m~p." I would appreciate it if you w~uld please accept this letter as constituting an amendment to the answer for question number three. Thank you very much. Sincerely, 'Philip ~iad-&r. PJO:fw PHILIP J. OFRIAS, fiR, February 17, 1982 Southold Town Board of Appeals ATTN: Linda Main Road Southold, New York 11971 Re: Harvey Bagshaw, Inc. File No. X-6076 Dear Linda: With reference to the above matter I have enclosed the following: 1. Completed Notice to Adjacent Property Owners 2. Receipts for certified mail for each of the adjacent property owners. If there is anything further that you require please let me know. Thank you very much. Since~rely, : fw enc. PHILIP J. OFRIA~, JR. February 11, 1982 Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Harvey Bagshaw, Inc. File No. X-6076 Gentlemen: With reference to the above matter I have enclosed herewith the following: 1. Completed application (form ZB1) in triplicate 2. Notice of Disapproval dated November, 1979 3. Notice of Disapproval dated October 22, 1981 4. Notice to adjacent property owner with affidavit of service 5. Short environmental assessment form 6. Four copies of survey dated January 14, 1980, amended January 25, 1982 7. Wetlands letter dated January 25, 1982 8. Check in the sum of $15.00 as and for your filing fee. I would appreciate it if you would call me after reviewing the enclosed. Thank you very much. PJO:fw enc. After investigation and inspection the Board finds that applicant requests permission to build and operate an automobile body repair shop on the north side of Main Road, Laurei Dist. 911, Mattituck Post Office, New York. The findings of the Board are that this is a favorable location for this type of operation as it is boun dad by industrial property on the north and west and business property to ~he east; and across the street there is a gas station. The Boar~ agrees with the reasoning of ~he applicant. The Board finds that the public conveni~nce an~ welfare ~na Justice will be sez-ffed and the legally established or permitte~ use of neighborhood property and adjoining use districts will not be permanently or substantially injured, and the spirit of the Ordinance will be observed. THEREFORE IT WAS RESOLVRD',' HarVey Bagshaw, Deep Hole Drive, Mattitu. ck, ~{ew York be G~NTED ~rmission to build and oporate m~ automobile body r~pair shop o~ the north side of ~,~in Road, Laurel Dist. %11, Mattituck ~ost Office, [~ew York, as applied for, subject to the following conditionsi Entrance and exit driveways shall have an unrestricted width of not less than 12 feet and not ~or~ than 30 feet and shall be located not less than 10 feet from any property line, and shall be so laid out as to avoid the necessity of any vehicle backing out across any right of way. 2. Fehicle lifts or pits, disma~ntled automobiles and all parts or supplies s.hall be located within a building. 3. Ail service or repair of motor vehicles, other th~n such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. 4. The storage of gasoline or fl~mnabl~ oils in bulk shall be located fully underground and not less than 35 feet from any property line other than the street line. 5. No gasoline or fuel pumps or tanks shall be located less than 15 feet from any street or property line. 6. The building shall be located no closer than 35 feet to the front property line on Main Road. The building shall be located no closer than 25 feet to the easterly side line. 0. The bui~d=..u sP~ll ha located no closer th~u i0 feet tO ~te westerly side line. Vot~ of the Board: Ayes/- t~.essrs~. Gillispie, Grigonis, llulse. TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy THIS CERTIFIES that the building located at . .N.(~...~.~..n..R..o~..d ........... Street Map No. XXX Block No. XXX .Lot No. XXX Laurelt N.Y..(. Matt. P.O. ) conforms substantially to the Application for Building Permit heretofore filed in this office dated ............ 0.c~;. .? .... , 19 ..~. pursuant to which Building Permit No. dated ......... .D.~.c...~. ...... , 19..7.~., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is (owner, lessee or tenant) of the aforesaid building. Suffolk county Department of Health Approval .J..u~..e..1.6,. J.9.?.6...b.y.R.: .Villa .... UNDERWRITERS CERTIFICATE No..N. 2.?.0.2..[~....J..l~.e...2.~... ? 9?.6. ................. HOUSE NUMBER ?2%5 Street Main Roadt Laurel i~OTE~ State Hwy approval pending Region 10 Office: New York State Office Building Veterans Highway, Hauppauge, New York 11787 NEW YORK STATE DEPARTMENT OF TRANSPORTATION Raymond T. Schuler, Commimioner November 7, 1975 Town of Southold Building Department Main Road Southold, New York Gentlemen: Re: N/S MAIN ROAD - ROUTE 25 OPPOSITE BRAY AVENUE -MATTITUCK It has come to the attention of this office that construction is presently under way at the above noted location. Since the property borders a State highway, it will be necessary for the State to review the site development plans. To date, no such plans have been received, nor has a Highway Work Permit been issued or applied for. We therefore request that the Town not issue auy Building Permit or Certificate of Occupancy at this location until either a Highway Work Permit has been presented to you covering the work to be done within the State Hight-of-Way, or a letter from this office stating that no Permit will be necessary. We thank you for your cooperation. Very truly yours, T. C. HOFFNAN Regional Permit Engineer Region l0 TCH: JY/CG / TOWN OF $OUTH~I.D BUILDING DEPAR~~ · ow. cc,.'s o~ ~U~OLD, N. Y. Examined /.~ c ~ 19 ~ 5 Approved /~c ._.~, ,o7.5 Per, No.....~....~.....~......~.....~.....::'. ...... Disapproved a/c ..................... ...,.~.~~ .................... (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Buildln Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets c areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this applicotior c. The work. covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue o Building Permit to the applicant. Such perm shall be kept on the premises available for inspection throughout the worE. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupant shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of (3 Building Permit pursuant to th Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances c Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein describe( The applicant agrees to comply with all applicable laws, ordinances, building.code, housing code, and regulations, and t admit authorized inspectors on premises and in buildings for necessary inspections. ....... ..................................... 7S~.~nc~e of al~licaot, or name, if a corporation) ~x (A;d r:(,,~? of apililant) ..... ....... ............. State whether oppl~icant is owner, lessee, agent, a~hitect,/zeng~eer, general contractor, electrician, plumber or builde ................. ............ Name of owner of premises .................... z.,.~.4~ ........................................ ~ ................................................................... if applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No ..................................................... Plumber's License No. Electrician's License No....,~,,-~,3....~-~. Other Trade's License No ............................................... 1. Location of land on which proposed wore will b,e (~One. Map No.:/ ............... ~ ................ Lot No.. ~.....,c../. . _ ..:.~,~. ' ~ ,. ............ ' ....... Street end Number ~..~..~..~ ....... L~.~c...~.....::~'~.~ ~~~:. ~' Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Exisiting use and occupancy .......... ..~..~,,.,~..~,.,..,'~.....~. ................................................................................... ,, f 3. Nature of work (check which applicable): New Building-.....~Addition .................. Alteration ................ Repair .................. Removal .................. Demolition ....... ;.~ ........Other Work .................................................... '~' / ~-C~ (Description) ' 4. Estimated Cost .................. ...~.~2.~;::2. Fee ..~.... ................................. (to be paid on filing this application) §. If dwelling, number of dwelling units ............................ Number of dwelling units on each floor ............................ If gdroge, number of cars ............................................................................................................................................. 6. if business, commercial or mixed occupancy, specify nature and extent of each type of use ............................ 7. Dimensions of existing structures, if any: Front ............................ Rear ................................Depth .................... Height ........................ Number of Stories ................................................................................................................. Dimensions of same structure with alterations or additions: Front .................................... Rear ............................ Depth ................................ Height ............................Number of Stories 8. Dimensions of entire new construction: Front ........ ~ .................... Rear .....~'...~. ................ Depth ....~:~..../.. ...... Height ....~Z~....~, .... Number of Stories .......... ./. .................................................................... 9. Size of lot: Front ............/' .~/"~ ........... ~ .............. Rear ...........~.~.~. ................... ,~/ '///-~--~// './Dep't~h ....~(~,~,..,~) .......... 10. Date of Purchase ...... ~,~.........~...~'.~.~ .................. Nam_e of ,Former Owner 1 1. Zone or use district in~'~w~ich premises are situated ......~'~ ........................................................................ 12. Does proposed construction violate any zoning law, ordinance or regulation: ..~/~. ............................................. 13. Will lot be regraded ........ · ~./~/ ......... W~ exce~fill be removed from p~r~e,~.~_s:,/(). Yes 14. Name of Owner of prem~~~2'~ ....... Address .~/-'-~~.. Phone No..~.~-..~-.~ Name of Architect .~-~',~4~....~.,~[~Z/~. ................... Address~.~-,~/zE'~...~.. ..... Phone No .................... Name of Contractor ............................................................ Address ................................ Phone No ....................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. APPRovED A DAT~: : ~._S NOT FEE:_~? UrlFy BUll F~,,- '~'~'"'~-~.-~ -- 765-2660 ~ ~LDING ED IN~-- YAM To ~pM ~IMENT 1 ~.~CTIONs. ~ FOR REO~nu ' .°c~ORE ~ ' --~,~- O., ~ON. STATE OF NEVy.~O.E~,,,. ~ S $ / ~' ~/~ / "~'~-~ COUNTY OF . ..,.,~. ~. ........... )' ' ///~ '~' / ~ ~A V~' ~A~ff~W//~ -- ........ ~ ....................... ~.~:.:~ ....... : ......... ~..~.z ....................................... ~eing ou~y sworn, ~eposes ~nd says t~t he is the oppliconl (Name of individual signing contrac~ above name. He is the ~. ' (Contractor, agent, co~orate officer, etc.) of said owner or owners, and is duly authorized to perform or h~e performed the said work and to ~ke and file this application; ~at all statements contained' in this application are tree to the best of his knowledge and belief; and tha~ the work will be performed in the manner set forth in the apgl)cati~ filed therewith. Swam to before~e this ~ ~ ~ ~ ................... o, .................................... .... / / , ./ ~ ~r~ ................................................... ..................... FORM NO." TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTH'OLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N? 8324 Z Permission is hereby gronted to: to "~U~ L~ A AVTO 'l~ob'-( --~1-4~i=' at premises located at ............................... ,,,~,....~.,.!..NI.......,.,~,~..O....~'....-~.. ........................................................ L A t~ 'i~ E L_~ pursuant to application dated ..................... .................................. 19 ........ , and approved by the Building Inspector. Fee $.,...~...0...~. .... Building Inspector /,?:, (; ,,. TOWH OF $OUTHOLD I:,ntOP;RTY RECORD CARD ,IER v~ER OWNER IMP. TOTAL STREET ~ND ~0 SEAS. AGE NEW Farm e 1 e 2 e 3 and )land [and , Plot 6¥.00 ?/o O NORMAL Acre VL. ? 3o2_~ FARM DATE BUILDING CONDITIOF BELOW Value Per Acre VILLAGE DISTRICT I SUB. // ACREAGE ] , VdO _ TYPE OF BUILDING ~ IND. CB. REMARKS ABOVE Value LOT Z) c~ (~. MISC. / o on Ext. Walls G J/ Interior Finish on Fire Ploce ~ ~, ~ Heo,t :~z: ~'~:- ,,~ ¢2' ~o,~. __ Porch Room~ l~t Floor ~ Pmio Room~ 2nd Floor ~ Driveway FORM NO. 5 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION Dote November 4 19...8..1... Harvey Bagshaw, Inc. (owner or authorized agent of owner) Deep Hole Drive, Mattituek, New York (address of owner or authorized agent of owner) 11952 PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance CH100 Other Applicable Laws, Ordinances'or Regulations .......................... ;.; ............... at premises hereinafter described in that NO BUILDING PERMIT FOR ADDITION (state character of violation) BUILT ON EAST SIDE OF BUILDING. IGNORING A STOP WORK ORDER ISSUED NOVEMBER 1979. in violation of CH 100-ART. XIV 100-141 - 100-143 (State section or paragraph of applicable law, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the Iow and to remedy the conditions above mentioned forthwith on or before the AT ONCE day of ....................................................... 19 ........ The premises to which this ORDER TO REMEDY VIOLATION refers are situated at ,~..2...5..5.....H..,a.,J:,~.....R..9..a..d..,,....,[C..a..,u.~.e...]: .......................... County of Suffolk~ New York. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. Building Inspector FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ~.z~,×~. ~.'-.~~. ~...~.~.... .z,.~...~,~'.-- ~.%..z~,~//~ - ~ ,~ PLEASE TAKE NOTICE that your application dated ...~O.~..~ ..... 19 ~. for pe=it to construct. ~e; ~.. ~~'. ~,~ ......... at ~o~a,iono~ro~,~,o~ .ZZ~ ~o. ........ ~' ~ ~--, ....... : '~'' ~ ~Z~;5,P / County ~a~ mp ~o. 1000 S~tio~ ...Z~ ..... ~o~ ...~C ....... ~t . .~ ..... Subdivision ......... 7 ....... Filed Map No. '" ~ Lot No. ,. t... ~ ......... is ,~,urn~ ,,~r~wi,,, ~ ~,~row~ o~ ,~ ,o,ow~ ~oun~ ~. ~X~.. ~. :~.. Building Inspector FORM NO. i TOWN OF SOUT;~OLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 766-1803 Examined ................ ,19 ... Approved ................. 19... Permit No ............ Disapproved a/c ....... : ............................. Application No ................ (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in'by typewriter or in ink and submitted in triplicate to the Buildi Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stre~ or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this apl: cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon apprc':al of this application, the Building Inspector will issue a Building Permit to the applicant. Such porn shall be kept on thc premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupan shall have been granted by the Building Inspector. APPLICATION IS HEREBY blADE to the Building Department for the issuance ora Building Permit pursuant to t Building Zone Ordinance of the Town ~f Southold, Suffolk County, New York, and other applicable Laws, Ordinances Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein describe The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and admit authorized inspectors on premises and in buildings for necessary iuspections. State whether applicant ·..Had.ry...ey...Ba..gs..ha.w.,..I,~.... ...................... (Signature of applicant, or name, it' a corporation) Ph$.lSp, ,.,T,. Q~.~'J,a.. ~, .J.r.., .7.~7..R.(~.rlg]~ ~ York, 11901 (Mailing address of applicant) ~s oxvner, lessee, agent, architect, engineer, general contractor, electrician, plumber or build Nane of owner of premises Harv.ey Bagsbaw, Inc. (as on the tax roll or latest deed) If applicant; is a corporatioiL signature of duly authorized officer. /z ~ " -- (President) / .tz.. ..................... / (N~anic and title of corporate officer) Builder's License No.. lqork dora~, by. cromer ...... Plumber's Licensz No.. ra:). plumbin~ ............ El~ctrician's License No.' . Ruland. Eleotxric. Co... Other Trade's License No... none ............... I. Location of land on which proposed work will be done ................................................ .......... 7255. gain. Road,. l~urel ........................................................... House Number Street Hamlet ---> Cou,ty a×Map, o. I 000 Section .../2-.V' lock Subdivision · ............................. Filed Map No ............... Lot .............. (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .. laC.t9 . .bc. zd. y !:¢l~;i-r ................. b. Intended use and occupancy auto txxt¥ ~storage) ~pair ' t. Nature of work (check which applicable): New Building .......... Addition .. ~ ...... Alteration .......... Repair .............. Removal .............. Demoli,tion .............. Other Work ............... · (Description) Estimated Cost...8.6 ~. 0. 0. 0.: 0.0. ........................... Fee .......................... .- ......... ]. -' (to be paid on filing this application) ;. If dwelling, number of dwelling units .... r~.a ........ Nmnber of dwelling units on each floor, r~/a. ........... If garage, number of cars .~'.a .................................................................... i. If business, commercial or :nixed occupancy, specify nature and extent of each type of use . .bu.s.'.n~e.s.s ............. ~. Dimensions of existing structures, if any: Front . .6.0.. j ......... Rear .6.0. ........... Depth .9..0y/.6.0.e. ....... Height ..... .2.1 ........ Number of Stories . . .1. .................................................... Dimensions of sa_ne structure with alterations oradditions' Front 80 Rear .80 . . e th 90 · 20 ..... ; ........... .' '2 .............. D p ...................... tte~ght ...................... Number of Stories ...................... L Dimensions of entire new construction: Front . .20 ........... Rear .20 ....... .,q.... Depth .. 4.4, .N. ........ Height ..... 20 ........ Number of Stories ...... 2 ....................... (c~:~..~~..~ ........ Sizeoflot: Front ....... [P.~..'., ......... Rear .... .~.../.fi'~.. ....... Del)th ....//. ff.[q~:~. ·..~ ........ Date 6fPurc rose ... *(~.~...~. .............. Name of ~'o'r~er O~vner #.t(.~. ¥~.~.~.~.~.~.~.~.~.~... p.~.x.~q~.,~..,:-.,~., ..... Zone or use district in which premises are situated ..... ~ 7l ...................... ''. ....: ................. i Does proposed construction violate any zoning law, ordinance or regulation: . .no. ............................ Will lot be regraded .... z~O... :. ................. Will excess fitl be removed from premises: Yes No Naxne of Owner of premises tyftgy.~}/...~.&5..,f.4.rq.,. (*.c. Address .,~./,':-t..~...~.~.~.~."f~... Phone No. 2Y0~..:*.~.~.-3. ..... Name of Architect ...~ .................... Address ................... Phone No ................ Name of Contractor . .lqfl, lE .................... Address ................... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly alt buildings, whether ex/sting or proposed, and. indicate all set-back dimensions from roperty lines. Give street and block number or description according to deed, and show street names and indicate whether terior or corner lot. stATE OF NEW YORK, S.S cOUNTY OF.. l~o"gFOl2<. ' , ...... F. Br~ .~,~gsl'~q~..~.. ....................... being duly sworn, deposes and says that he is the a~ (Nanie of indMdual signing contract) ~ ..... c~txa:a~;e .o£:ff:i.c:~:: .......... (Contractor, agent, corporate officer, etc.) said owner or owne~, m:d is duly authorized to perform or have performed the said work and to m~e and file )plication; fl~at all statemt ,~ts contained in this application are true to the best of liis knowledge and belief; and that the 'ork will be performed in the rammer set forth in the application filed fi~erewith. worn to before me this · . ~[~ da of ~ 8~ ..................... y ....... w, 19... otaw Public .... / ..... ............................ ~ · ~~ ~ ~ / (Signature of applicant) / FORM NO. S STOP ALL WORK AT ONCE TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. STOP ALL WORK AT ONCE ORDER TO REMEDY VIOLATION Date ............... .0...c..t..9..b..e..r....5. .................... , 19.8...1 .... ,~(owner or authorized agent of owner) :Deep ~Hole Dr±ye, Hatt±tuck, N.Y. 11952 (address of owner or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance CH . 100-ART. XIV-100-143 Other Applicable Laws, Ordinances'or Regulations ............................................ at premises hereinafter described in that ............................................................................................ (state character of violation) NO BUZLDING PERMIT in violation ,,~ CH 100-ART. XIV - 100-143 (State sechon or paragraph of applicable law, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the conditions above mentioned forthwith on or before the 20th day of October 81 The premises to which this ORDER TO REAAEDY VIOLATION refers ore situated at 7255 Main Road, Laurel, ~ . .... : ........................................................................... ~.ounry of Suffolk, New York. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute on offense punishable by fine or imprisonment or both. Building Inspector TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 ~ ;~f !., ~a,.r,~ October 6, 1981 TEL. 765-1802 I Curtis W. Horton did inspect the property of Harvey Bagshaw, Inc. known as Starlite Auto Body, located at 7255 Main Road, Laurel. I found a large cement block addition being built to existing building. I noticed a Building Permit posted on building, near top of gable end. I could not read it from the ground, using contractors ladders I climbed to top of roof, read permit, Permit No. was 10882Z issued to Terry Woodhull, 1525 Aldrich Lane, Laurel on September 23, 1980. I asked workers, how come they said it was a big joke? Didn't mean anything by it, just wanted to confuse the people passing by. I issued a Order to Remedy Violation order. I gave a copy to the two workers, Red-Card saying STOP WORK. Also, Mr. Harvey Bagshaw said he would and a Stop Work posted building with gave copy of same to call Mr. Fisher. Curtis W. Horton BUILDING INSPECTOR TOWN OF SOUTHOLD November 27, 1979 ~tlip J. 0friar, Esq. 737 Roanoke Avenue Rlverhead, NewYork 11901 Re: Harvey. Bagshaw Inc. Dear Mr. 0frias: IEnclosed is a Disapproval to Harvey Bagshaw Inc. who applied for a permit to add to his auto shop building. He had started~ construction of an addition in the side yard and a stop-order~ was issued as he had no building permit. I info~medMr. Bagshaw he had put up a fence without a building permit. Such a fence is included under "building". No build- is permitted in side or rear yard areas. He will need to appeal to the Zoning Board of Appeals for approval. I have enclosed a Building Permit application for this fence and the Disapproval so that you may file both with the Zoning Board of Appeals before December 6, 1979. The Hearing will be held about three weeks later. Very truly yours, GEORGE H. FIS~ Sr. Building Inspector encl. FORM TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION (owner or o~r'~?ized o~J~Tt of owner) (address o7 owner or auth~rizea agent or owner~ PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance l a a - / '/ 7 Other Applicable Laws, Ordinances'or Regulations ............................................ at premises hereinafter described in that ............................................................................................ (state character of violation) in violation of ....(~..~....~./../.~....~..~...~ .......... ~ ...... ........................... (State section or paragraph of applicable law, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the conditions above mentioned forthwith on or before the ................ .e~ ........................... i ................... day of ......~....~;Z,~.~l .................. 19..~....~ The premises to which this ORDER TO REMEDY VIOLATION refers ore situated at Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. Building Inspector [616]. 298-~33 /,~-~ \ STAi%LITE AUTO BODY Rte. 25 Mattituck, N.2'. 11952 ~162 1826 FORM NO. $ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION Date November 4 19...8..1... TO Harvey Bagshaw, Inc. (owner or authorized agent of owner) Deep Hole Drive, Mattituck, New York 11952 (address of owner or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance ....C..~.....1..0...0. ........................... Other Applicable Laws, Ordinances'or Regulations at premises hereinafter described in that No. Certificate of Occupancy (state character of violation) ........ .f..o..~ ....B..u...i.~ d...i.p. ~i...P...e. ~..m..~.t... ~.9.,2..C)..1. Z.,.j,.$.~.~ ~.0... ~a ~... 2S ~ ...~. @.7.~ ........................................... in violation of CH100 - ART. XIV - 100-1z~4 (State secHon or paragraph of applicable law, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the conditions above mentioned forthwith on or before the AT ONCE day of ...................................................... , 19 ........ The premises to which this ORDER TO REMEDY VIOLATION refers are situated at 7255 Main Road, Laurel ......................... t ...................................................... County of Suffolk, New York. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. building ~nspecror FOILM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Application No. '~' -~ a. This application must be completely filled in by typewriter ac in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plat plan showing location of lot and of buildings on premises relationship to adjoining premises or public streets or areas, and giving a detai ed description of layout ofproperty must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector wilt issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector· APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to~ admit authorized inspectors on premises and in buildings for necessary inspections. /x' (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ? Name of owner of premises ..... --/~/~,.~...~..~.j/~..../?..'.~.~*~..~...~..Z¢~. ........................ If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No ..................................................... 'T/l-/2_ Plumber's License No ................................................. Electrician's License No ............................................. Other Trade's License No ............................................... Locat on of and on wh ch propo d wor~.~w be done Map ~N Street and Number .......... ~.......~....~. ......... Municipali~ 'State existing use and occupancy of premises and intended use and occupancy of pr~ed construction: a. Exisiting use and ~cupancy ......... ~......~..~ ........... ~ .......................................................... ........................................................... .......................................... b. Intended 3. Nature of work (check which applicable): New Building'. ................. Ac~ition..................~ Alteration ................. Repair .................. Removal .................. Demolitior, ........... ; ........ Other Work ................................................ . .... 4. Estimated Cost '~ .......... Fee ~5 ~ (Description) (to be paid on filing this application) 5. If dwelling, number of dwelling units ............................ Number of dwe ling units on each floor ............................ If garage, number of cars ..................................................................................................................... 6. If business, commercial or mixed occupancy, specify nature and extent of each ~pe of use .~..~ 7. Dimensions of existing structures, if any: Front ..........~ ........... Rear ...... ~ .................. Depth ..~ ............... Height ....... ~ ....... Number of Stories ........ ~ ...................................................................................................... Dimensions of some structure with alterations or additions: Front ........... ~ ................... Rear ....~.~ ................... Depth ......... ~ ................. Height ........ ~ ............Number of Stories ..... / ........................ 8. Dimensions of entire new construction: Front ........... ~ ................. Rear ....... ~ .............Depth ....~ ............. Height ....~ ........ Number of Stories ............./ ...................................................................................................... 9. Size of lot: Front ................... /~ .............................. Rear ............ X~ ...................... Depth .....~ ................... 10. Dote of Purchase .......... ~.~Z~ ........................ Namt of,/"°~"r Owner ......... ~.~.,~...:~(~Z ......... ,,. ...... .............. .......................................... 12. Does proposed con' ti htestruct.on via o e any zoning Iow, ord'noi ~--ce or regul3tion: ........ //~ ......................................... 13. Will lot be regroded . ........ ~.....~ ..... Will excess fi~ be removed fro~premisps: ( ) Yes ( ~ No · .... Phone ~o.~.z~ Mo~ o* Architect .............. ~...~ ..... 5 ..................... Addm~ ................................ Phon~ ~o ....................... PLOT DIAG~M Locote cleorly ond distinctly ~11 buildings, whether existing or proposed, ~nd indicote oll set-~ck dimensions from prope~y lines. Give street Qnd block number or description occording to deed, ond show street nomes ond indicote whether ~nferior or corner ~o~. i / / ) STATE OF NEW Y~RI~,,/~ ,~ I c S '~' ~-~- COUNTY,/ ___ r~ ~-~OF ...~~....~ o. .'.....~.~.~.~.~.~...~.-..~.~: .................................... being duly sworn, deposes and says that he is the applicom (NaMe of individual signing contracf) above named. He is the ................................................................................................................................................................................. (Contractor, agent, corporate officer, e':c.) ~ owner or owners, and is duly authorized to perform or have performed the said work and to ~ke and file this application; that alt statements contained in this application are true to the best of his knowledge and belief; and that the work will ~ performed in the manner set fodh in the application filed therewith. Sworn to before me this ........ ~ ......... ~.~ o~ ..... ..~ ....................... ,1,..z~ / ~ ~ Nota~ ~.b,~,. ....................... :....~-. .................. Co..U ............ ~~~ ................... ~ ~ / ~/ ~ , ~ / C~gnatur~f ~pplicant) mt~s~n E~pires Mlrch 30, COWSULT YOUR LAWYIR B~FORE SIGNING THIS INSTIUMINT--THIS INSTRUMENT SHOULD I! USID BY LAWYI~S ONLY. This Indenture, m~de the 2 n d day of Au ~ u s t , nineteen hundred and s eventy-nine, Betwe~ JAMES M. O'CONNELL residing at Red Spring Lane (no number), Glen Cove, New York, and PHILOPLENA LIZZ~,, residing at 2 Mill River Road, Oyster Bay~ N..ew .~ork, party of the first part, end. I~ARVEY BAGSHAW, INC., a domestic corporation, having its principal offices at Deephole Drive (no number), Mattituck, New York party of the second part, V~'tflesset. h, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto 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,. ' ' ' " - -,jL~2~o~ situate, lying and b~.ingi~f at Mattituck, Town of Southold, County of Suffolk, State of New York, more particularly bounded and described aS follows: BEGINNING at a point on the northerly side of Main Road where the same is intersected with the easterly side of a fifty foot right of way and from said point of beginning running thence along the easterly side of said right of way North 37 degrees 58 minutes 40 seconds West a distance of 180.08 feet; running thence North 52 degrees 01 minutes 20 seconds East a distance of 48.01 feet; running thence South 23 degrees 03 minutes East a distance of 186.37 feet to the ~ortherly side of Main Road and the point or place of beginning JAN ! 0 1980 TP~,T'!.: F2R TAX Together whh all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; Together with the appurtenances and all the estate and rights of the party of the first part in and to said premlses; To Have And l'o Hold the premises herein granted unto the party of the second part, the heirs or succe~ors and assigns of the party of the second part forever. And the party of the first part covenants that the party of the first part has not done or suffered anything whereby the sa~d premises bare been encumbered in any way whatever, excep', as aforesaid. ,And the party of the first part. in compliance with Section 1:3 of :he Lien Law, covenants chat the party of the first part will receive the consideration for this conveyance and wist hold the right to receive such consideration as a trust fund to be applied first for the purpose o[ paying the cost of the improvement and will ap~w the same first to the pay- ment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "pa~ies" whenever the sense of this indenture so requires. In Witness Whereof, the party of the first part has duly executed this deed the day and year f~rst above written. In Presence Of: .... --- ~ (L.S) "~ J~ES M. O' CO~NELL / .... (L S ) / PHILOMENA LIZZA ', , ARIHUR J. H. LICE n rnn n n r n ', ~,..~ ~, ,. ...... , ~ COI~SULT YOUR LAI4fYGR B~OR~ SIGNING THIS tHSTRUMEI4T--THIS INSTR~JJ~,~ ~' SHO%~D BE USED BY 528 LNOF~qTt3P~ made the 21st d~y of November , ninet~n hun~'~t a~l seventy-five HARVEY BAGSIL~W, residing at (no number) Deep Hole Drive, i4attitucK, New York, 11952 pmrtyof the first part. and HARVEY BAGSHAW, INC., a domestic corporation with office and principal place of business at (no number) Deep Hole Drive, Mattituck, New York, 11952, ~rty of the ~acond WITNF...~--F~, that the part~ of the first ~, in consideration of Ten Dollars and o~ wluable ~mideration paid by the ~y of the secona ~rt, does ~reby grant and release unto the ~ny o£ ~e ~cond ~n, the hdrs or succ~ and asfi~s of the ~ny of the s~ond ~n ~rever, ALL tMt ~rtaiu pl~t, piece or parcel of l~d, ~th the b~dings ~d improvem~ tl~veoa ~ sit~, lyi~d~i~K -,~"-~~, To~ of Southold, County of Suffolk and Sta~ of N~ York, bounded and ~escribed as follow~ :':~'~' - ~E~INNING at a point on the northmrly side of Main Road where the s~e is intersected by the division line between the premises about to be described herein and land~ now or fo~erly of ~drew and Ruth Goodale; running thence South 52" 01' 20" West along northerly side o~ Main Road 100.00 feet to the easterly line of land now or formar!y of Lizza and O'Connell; ruling thence North 23" 03' 00" West along said land ifl6.37 feet to the southerly line of other land now or fox, fly of Lizza anti O'Connm!l; running thence North 52~ 01' 20" East along said land I00.00 feet to the aforamentioaefl flivision line; running thence South 23" 03' East along said ~ivision line 186.37 feet to the northerly side of Main Road, the point or place of BEGINNING. 'I'O(]I£TIII::R. with all right, title anti interest, if any, of the party of the first part in and to any stre~s and roads abuttiog the above described premises to the center lines thereof; TOGETHER wi~h the-~uttenances and all the estate and r~ghts of the party of the first part in and to ~id premises: TO HAVE AND TO HOLD the premises herein gr~:nted unto the party of the second p~rt, :he heirs Or successors and a~signs of the party of the second part forever. AND the party of the first part covenants that the l~arty of the first part has not done or suffered anything whereby the said l,remises have been encumbered iu any way whatever, exert as aforemid. AND the l~rty of the first part, in compliance with Se~ion 13 ~ the Lien I~w, ~ve~ts t~t the ~rty the first lmrt will r~eive the consideration for this ~nveyance and will hold the right to r~eive su~ cousid- eratiou as a trust fm~d to be applied first for {he pur~e of ~ying the cost of the improv~ent and will the satue first to the ~yment of the cost of the improv~ent before using an): ~rt of the tot~ ~ the s~e for any other purl~se. The x~rd "f~s~y" shail be construed as if it read "pa~ies" wheuever the sense of this i~entu~ ~ r~uires. IN ~ WH~F, [he ~ay of the first ~ Ires duly ~uted this de~ the ~y a~ year first ~ ~itten. t ~ R g £ I) P E C 0 LESTfiR M A'.ocr~t$ON ' ' . .CI~rk of ~uffolk Coun~ ,. ':. · ' .' CON~LILT YOIIR L~WYER iq~l~O:ffi~ SIGNING ~ I~TR~' --~ ~T~ ~ N ~ ~ ~ 0-~ 7898 'a559 2l~' ~yof ¢~.,~,l ,ffin~h~ seventy-five RUSSEL D. TUTHILL and HELEN D. TUTI-rlLL, his wife, both real. ding at (no number) New Suffolk Avenue, Mattituck, New York, party of the fimt part, and Eb%RVEY BAGSHAW, residing at (no number) Deep Hole Drive, Mattituek, New York, party of the second part, WiTNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the l~rty of the second part, does hereby grail and release unto the party of the second part, the heirs or successors and assigns o£ the party of the second part forever, ~ that ce. rtai.n plot, piece or .~.rcel of land, with the lmildinffs and improv~nents thereon ~-ected, situat~ lym~ and beir~:iGcfl~ at Mattztuek, Town of SoutholO, County of Suffolk m~d State of New York, bounded cio. fl rte~arihad aa follows: .... ~ ;. ..... ~.., BEGINNING at a point on the northerly side of Main Road where the same ia intersected by the division line between the premises about to be described herein anti lands now or formerly of Andrew and Ruth Goodale; RUNNING Ttt~ENCE South 52°01' 20" West along the Northerly' side of Main R~ad 100.00 feet to the easterly line of 1,~nd now or formerly of Lizza S~ O' Connell; ," RUNNING THENCE North 23° 03' 00" West along said:land 186.37 feet to the Southerly line of other land now or formerly of Lizza & O'Connell; RUNNING THENCE North 52°01'20" East along said land 100.00 feet the aforementioned division line; RUNNING THENCE South 23°03'00" East along said division Line 186. feet to the Northerly side of Main Road, the point or place of BEGINNING. TOGI".THEP, ~vith all right, title and interest, if any, of the party of the first part in and to m~y streets and roads shutting the above descrilmd premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HeLl) the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party o~ the second part forever. AND the party of the first part covenants that the party of the fir~ part h~s not done or suffered anything whereby the said premises have been encumbered in an7 way whatever, except as aforesaid. AND the party nf the first part, in compliance with Section 13 of the Lien Law, covenants that the l~rty et~ .the first part wilt r~elve the cortsideration for this conveyance and will hold the right to receive stw..h consid- eration as a trust fund to he applied first for the purpose of paying the cost of the impr~ent and will apply the same first to the l~yment of the cost of the improvemeot before nsing any'part of tt~ total of th~ same for any other purpose. The ~mrd "potty" shall be construed as if it read"parties" whenever the sense of this indenture so requires. lwrNi~F-..S5 WHF.,REO/~4he'~?~' o~/the first ~l~rt has duly e~,~ecutot this deed the day and year first above March 18, 1975 Philip J. 0frias, Jr., Esq. Main Bayview Road Southold, New York 11971 Re: Bagshaw site plan Dear Mr. Ofrias: At the regular meeting of the Southold Town Planning Board held March 12, 1975 the following action was taken. ~I~E~OLVED to approve the site plan of the Bagshaw property subject to screening required in the town regulations, receipt of covenants in form acceptable to the Planning Board and the Town Attorney and the placement ofllow ground covering shrubs around the sign. Yours trml¥, Muriel BI~,~H, Secretary Southold Town Planning Board Philip J. Ofrias0 Jr., ~Vsq. ?37 Roanoke Avenue P.O. Box 462 P. tverhead, New York 11901 IIarvey ~agshaw site plan approval by ?larming Board I have examined the proposed docuntent imposing a restriction on the property which Mr. 'Pagshaw contemplates pur~hasin'g to the effect that no portion of the front parking area should be used for the storage of disabled vehicles. :Is I advised you by tele!~hone, I find the nroposed document in p{-°per form. However, the instrument should not be executed or recorded until such time as Mr. l~,ag,~haw.acquires title to the property to affected by the covenant. Yours very truly, RWT:kc ac: Planning Board COVENANT dated the day of April, 1975 ~E~EAS, HARVEY BAGSHAW, resi~ing at Deeph~le Drive, Fmti- i~tuck, New York, has applied to the Southold Town Planning Board iifor site plan approval for a body shop, pursuant to Article XIII iof the Zoning Code of the Town of Southold, and, WHEREAS, at a regular meeting of the South~id Town Planning ~!Board, held on March 12, 1975, it was res01ved~to approve the ilsite plan application, subject to receipt of a covenant by Har- vey Bagshaw th. at no disabled vehicles will be stored in the front iparking area, now, THEREFORE, in consideration of the Planning Board of the Town of Southold, grafting such site plan approval, Hayvey Bag- shaw hereby covenants and agrees with the Plann(ng Board of the Town of Southold that no portion of the front parking area shall be used for the storage of disabled vehicles. This Covenant shall affect and run with the parcel of land ~hereinafter described-and shall remain in full force and effect for so long as said parcel is used for either a body repair shop .or any other use requiring site plan approval under the Zoning .Code of the Town of Southold. In no event shall this Covenant continue in force beyond January 1, 1995. SUBJECT PARCEL DESCRIBED AS FOLLOWS: (description) IN WITNESS WHEREOF, this instrument has bee~ d~ly executed by Harvey Bagshaw on the date and year first above written. ................. (Aclcuowledgement) HARVEY BAGSHAW RICHARD F. LARK ATTORNEY AT LAW November 18, 1981 Southold Town Building Department 53095 Main Road - Town Hall Southold, New York 11971 ATT: Curtis W. Horton, Building Inspector RE: Harvey Bagshaw,' Inc. Dear Curt: In connection with the above-captioned matter, I am enclosing the following: Information with four violations concerning construction of addition on the westerly ~ide of the building. e Information with three violations concerning construction of addition on the easterly side of the building. ~ e Information with violation concerning lack of Certificate of Occupancy for addition t0 th__~r~h~rly ~d~ of the building. 4. Information concerning erection of chain link fence without building permit. ~ If the above meet with your approval, please sign them, present them to Judge Tedeschi for his signature and arrange for service on the defendant. If you have any questions concerning this matter, do not hesitate to contact me. RFL:bc Enclosures Very truly yours~ ~chard F~Sark STATE OF NEW YORK : COUNTY OF SUFFOLK LOCAL CRIMINAL COURT : TOWN OF SOUTHOLD THE PEOPLE OF THE STATE OF NEW YORK, against HARVEY BAGSHAW, INC. , Defendant. INFORMATION ACCUSATION BE IT KNO~ THAT, by this Information, CURTIS W. HORTON, Building Inspector of the Town of Southold, as the~Complainant herein, accuses HARVEY BAGSHAW, INC., Deep Hole Drive, Mattituck, Town of Southold, County of Suffolk, New York, with violation of: Section 100-141 of the Code of the Town of Southold FACTS On November 2, 1979, the said defendant, HARVEY BAGSHAW, INC., was issued an Order to Remedy Violation pursuant to ~100-141 of the Code of the Town of Southold because of the erection of a fence without a Building Permit on the premises known as 7255 Main Road, Laurel, Town of Southold, Suffolk County, New York. The defendant was directed to remedy the violation on or before November 13, 1979. On November 4, 1981, the defendant was issued another Order to Remedy Violation effective immediately because he had not complied with the Order to Remedy Violation dated November 2, 1979. That said defendant has failed to comply with ! with the orders to Re~dy Violation, all contrary to the provisions of the Cod~ of the Town of Southold in such case made and provided. The above allegations of fact are made by the Complainant herein on direct knowledge and upon information and belief, with sources of Complainant's information and belief, with sources of Complainant's information and belief, and the grounds for his belief being facts contained in the files of the Building Inspector of the Town of Southold. WHEREFORE, Complainant prays that a criminal summons be issued to the defendant, HARVEY BAGSHAW, INC., directing the de- fendant to appear before this Court. Subscribed and Sworn to before Curtis W. Horton-Complainant Building Inspector · me this day of November, 1981. Town Justice Town of $outhold Suffolk County, New York STATE OF NEW YORK : COUNTY OF SUFFOLK LOCAL CRIMINAL COURT : TOWN OF SOUTHOLD THE PEOPLE OF THE STATE OF NEW YORK against HARVEY BAGSHAW, INC. , Defendant. INFORMATION ACCUSATION BE IT KNOWN THAT, by this Information, CURTIS W. HORTON, Building Inspector of the Town of Southold, as the~Complainant herein, accuses HARVEY BAGSHAW, INC., Deep Hole Drive, Mattituck, Town of Southold, Suffolk County, New York, with violations of COUNT #1: Section 100-143 of the Code of the Town of Southold on November 2, 1979 COUNT #2: Section 100-143 of the Code of the Town of Southold on November 4, 1981 COUNT #3: Section 100-144A(1) of the Code of the Town of Southold on November 4, 1981 FACTS On November 2, 1979, Building Inspector Curtis Horton issued Order to Remedy Violation notifying HARVEY BAGSHAW, INC., to stop all work on the addition to the east side of premises at 7255 Main Road, Laurel, New York, because there was no Building Permit on file in the Building Department for the addition. The defendant IHARVEY BAGSHAW, INC., did not comply with the Order of the Building ilInspector all contrary to the provisions of the Code of the Town i~f the Town of Southold in such', case made and provided. ! 1981, Building Inspector Curtis On November 4, W. Horton, issued an Order to Remedy Violation notifying HARVEY BAGSHAW, INC. to stop all work on the addition to the east side of premises at 7255 Main Road, Laurel, New York, because there was no Building Permit on file in the Building Department for the addition. The defendant, HARVEY BAGSHAW, INC., did not comply with the Order of the Building Inspector all contrary to the provisions of the Code of the Town of Southold in such case made and provided. On November 4, 1981, Building Inspector Curtis Wo Horton inspected the premises at 7255 Main Road, Laurel, New York and iifound the defendant was occupying the addition on the east side ;of his building without a Certificate of Occupancy all contrary !ito the provisions of the Code of the Town of Southold in such case made and provided. The above allegations of fact are made by the Complainant herein on direct knowledge and upon information and belief, with the sources of Complainant's information and belief, and the grounds for his belief being facts contained in the files of the Building Inspector of the Town of Southold. WHEREFORE, Complainant prays that a criminal summons be issued directing the defendant, HARVEY BAGSHAW, INC., to appear before this Court. "Subscribed and sworn to before me !!this day of November, 1981 :~Town Justice Town of Southold Suffolk County, New York Curtis W. Horton - Complainant Building Inspector STATE OF NEW YORK : COUNTY OF SUFFOLK LOCAL CRIMINAL COURT : TOWN OF SOUTHOLD THE PEOPLE OF THE STATE OF NEW YORK, against HARVEY BAGSHAW, INC. , Defendant. INFORMATION ACCUSATION BE IT KNOWN THAT, by this Information, CURTIS W. HORTON, Building Inspector of the Town of Southold, as the Complainant herein, accuses HARVEY BAGSHAW, INC., Deep Hole Drive, Mattituck, Town of Southold, Suffolk County, New York, with violations of: Count #1: Count #2: Count #3: Count #4: Section 100-141 of the Code of the Town of Southold on October 5, 1981 Section 100-143 of the Code of the Town of Southold on October 5, 1981 Section 100-143 of the Code of the Town of Southold on October 9, 1981 Section 100-143 of the Code of the Town of Southold on November 4, 1981 FACTS On October 5, 1981, the defendant, HARVEY BAGSHAW, INC., was in the process of constructing a cement block addition to the iwesterly side of an existing building located on the premises at 7255 Main Road, Laurel, Town of Southold, Suffolk County, New York ilwithout first obtaining a Building Permit from the Southold Town ~'Building Department for said construction. On October 5 1981, Curtis W. Horton, Building Inspector of ~he Town of Southold, notified the defendant, Harvey Bagshaw, Inc., by Order to Remedy Violation to stop all work as a Building Permit was required pursuant to the Code of the Town of Southold. The aforesaid defendant did not comply with the Order to Remedy Violation dated October 5, 1981 and on October 8, 1981, said defendant continued the construction of the cement block addition in defiance of the aforesaid Order to Remedy Violation. On October 8, 1981, Curtis W. Horton, Building Inspector of the Town of Southold posted the construction site at 7255 Main Road, Laurel, New York, with a Stop Work Order and notified the defendant he was in violation of the Zoning Ordinance and stop the construction work at once. The defendant ignored the afore- said Stop Work Order and on October 9, 1981, continued the con- struction of the aforesaid cement block addition. On November 4, 1981, Curtis W. Horton inspected the premises of the defendant at 7255 Main Road, Laurel, New York, and found the defendant had ignored all of the Stop Work Orders in that defendant had enclosed and virtually completed the aforesaid cement block foundation all contrary to the provisions of the Code of the Town of Southold in such case made and provided. The above allegations of fact are made by the Complainant herein on direct knowledge and upon information and belief, and the grounds for his belief being facts contained in the files of the Building Inspector of the Town of Southold. WHEREFORE, Complainant prays that a criminal summons be issued directing the before this Court. defendant, HARVEY BAGSHAW, INC., to appear Curtis W. Horton-Complainant Building Inspector Subscribed and sworn to before me this day of November, 1981. Town Justice Town of Southold Suffolk County, New York STATE OF NEW YORK : COUNTY OF SUFFOLK LOCAL CRIMI~NAL COURT : TOWN OF SOUTHOLD THE PEOPLE OF THE STATE OF NEW YORK, against HARVEY BAGSHAW, INC., Defendant. INFORMATION ACCUSAT ION BE IT KNOWN THAT, by this Information, CURTIS W. HORTON, Building Inspector of the Town of Southold, as the.Complainant !herein, accuses HARVEY BAGSHAW, INC., Deep Hole Drive, Mattituck, Town of Southold, Suffolk County, New York, with a violation of: Section 100-144 of the Code of the Town of Southold FACTS That on May 18, 1977, HARVEY BAGSHAW, INC., applied to the Building Department of the Town of Southold for a Building Permit to construct an addition to the rear of the premises located at 7255 Main Road, Laurel, Town of Southold, Suffolk County, New York, and accordingly on May 25, 1977, the Building Inspector issued Building Permit No. 9261Z to the defendant, HARVEY BAGSHAW, INC. On or about November 4, 1981, Building Inspector, Curtis W. Horton, notified the defendant, HARVEY BAGSHAW, INC., that no Certificate of Occupancy had been issued for the above-mentioned addition although the .addition was being used in the day to day operation of the auto repair business by issuing an Order to Remedy Violation effective immediately. That said defendant has failed to comply with the Order to Remedy Violation in obtaining a Certificate of Occupancy all contrary to the provisions of the Code of the Town of Southold in such case made and provided. The above allegations of fact are made by the Complainant herein on direct knowledge and upon information and belief, with sources of Complainant's information and belief and the grounds for his belief being facts contained in the files of the Building Inspector of the Town of Southold. WHEREFORE, Complainant prays that a criminal summons be issued directing the defendant, HARVEY BAGSHAW, INC. to appear before this Court. Curtis W. Building Subscribed and sworn to before me this day of November, 1981. Horton - Complainant Inspector Town Justice Town of Southold Suffolk County, New York ! ' Bo~peals