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2587
:s r Page 1 of 3u TOWN OF SOUTHOLD, NEW YORK DATE 1/:2.2/8.0.. ACTION OF THE ZONING BOARD OF APPEALS -Appeal No. 2587 Dated August 7 , 1979 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. Stephen: J. Perricone & Ms. Penelope Kousouros Appellants 7470 Sound Avenue Mattituck, NY . 11952 at a meeting of the Zoning Board of Appeals on January 22 , 1980, the appeal 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. 'VI, Section 100-60 1. = 4 By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article ................:... Section. .................... Subsection .................... paragraph of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because RECESSED HEARING 12/27/79 9 :10 P.M. Application of STEPHEN J. PERRICONE and PENELOPE KOUSOUROS , 7470 Sound Avenue, Mat- tituck, New York for a Variance to .the Zoning Ordinance, Article VI, Section 100-60 for. permission to establish disco bar with dancing Location of property: Sound Avenue, Mattituck, New York; bounded north by Sound Avenue, east by Sepko, south and west by Meglio. (SEE ATTACHED) . 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (.would) (would not) produce practical difficulties or unnecessary hardship because (SEE ATTACHED) (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) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because (SEE ATTACHED) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS FORM ZB4 Yn 2 z6. Appeal No. 2587 Stephen J. Perricone and Penelope .Kouso.uros Page' 2 of Action of the Zoning Board of Appeals of the ToWn'.. of Southold dated January 22 , 1980. After investigation and inspection, the Board finds that the applicants are requesting permission to establish a disco bar withdancing at premises known as 7470- Sound Avenue, Mat- .tituck,. New York. The Town Code does allow for a restaurant .and bar in.' a B-Light Business District, Article VI, section . 100-60A (5), but does not provide for a disco bar with dancing' without obtaining other approval (s) . Businesses are presently conducted onducted on the subject premises, , and the grant of this vari- ance would present no change in the use. Applicants have presented parking-plan approval from the Southold Town Planning Board, as. well as submission of documents as to the number of occupants in its fullest capacity as compared with parking al lowances, , recommendations of the Mattituck Fire Chief,' report on. the noise -tollerance, etc . The Board finds that the.- circumstances present. in this case areunique and that strict application of the applicable laws- would produce practical difficulties or unnecessary hard- ship. The. Board believes that the grant of a variance in this case willnot change the character of the neighborhood and will observe the spirit of the ordinance. On motion made by Mr. Tuthill, seconded by Mr. . DouglAss, it was RESOLVED, that STEPHEN J. , PERRICONE and PENELOPE KOUSOUROS, 7470 . Sound Avenue, Mattituck,' New York 11952, be GRANTED permis- sion to establish 'a disco bar with dancing as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That construction and/or alteration of the building and site shall be incomplete conformity with the floor plan, profile and site plan heretofore submitted and approved by this Board. 2 That the. operation shall be under the direct. supervi- sion and control of Stephen J. Perricone, Arthur P. Foster and ,Fred Axelson, or the subsequent owners or lessees .3 . .. That in order to, prevent automobiles and other vehicles from entering or leaving the premises in areas other than the entrance and-exit driveways, a permanent .barrier such as .hedges or fencing shall be erected parallel to Sound Avenue at the north.' end of the premises betwepn the entrance and exit drive- . ways.. 4 . That the premises , including parking areas, shall be' sufficiently lighted for safety and convenience purposes, . provided however that such lighting shall not be directed onto neighboring properties . - 5. That the building shall be suitably ventilated such Ii that all door-s. and windows may. he kept closed at all times during operations during all seasons and to prevent excess noise from escaping from the building to surrounding neighbors. 6 . That an approved fire safety system be installed as required by all applicable codes and regulations. 7 . That the disco shall be in operation for at least two periods per week for teenagers which shall be chaperoned and supervisoed by adults over the age of 25 years and shall comply with Exhibit I submitted by the applicants to this Board. --a Appeal No . 2587 Stephen J. Perricone and Penelope Kousouros Page ,3 of Action of .the Zoning Board of Appeals of the Town of Southold dated January 22 , 1980. 8 . That the capacity in the disco shall not at any time exceed that number of persons allowed pursuant to all applicable laws. Applicants Must file with this Board prior to the commence ment of operations recommendations from the Mattituck :Fire Chief. 9 . That the area of the building to be utilized for the disco operation shall be properly segregated from the storage area in the rear by a fence as proposed and set forth on the plans submitted to this Board by the applicants . 10 . That the applicants obtain approvals from the appro- priate .agency for access to .and from the subject premises; i.e. , Suffolk County. if the access will be off County Road , 27 . , . 11 : That any violation of any of the foregoing conditions shall be deemed an automatic revocation of this approval, in which event the Building Inspector may issue appropriate. viola-, tions and/or revoke any permit and/or certificate of occupancy issued. 12 . That .this variance shall be granted for a term of one (1) year from the date hereof. Within two months from the expiration of this approval-, applicants -may apply for an. exten- sion of the approval herebyy -granted upon a showing of compliance with all the conditions set forth herein and approved by this Board for the. .continued operation .of- the disco bar .with dancing. 13 . . That approval be obtained from the Suffolk County Planning Commission pursuant t.o . Section 1332 of the ,.Suffolk County Charter. Location of property: 7470 Sound Avenue, Mattituck, New York; bounded north by Sound Avenue, east by Sepko, south and west by Meglio. County Tax Map Item No. 1000-121-005-003 . Vote of the Board: Ayes: Messrs . Grigonis, Douglass and Tuthill.. Absent: ` Messr. Doyen.P� ---------- 2 ,3i Legal Notice of Hearings -2- December 27, 1979 meeting Southold Town ..'Bnard. of- Appeals and Cordes, east by Kaller, south by Skunk Lane, .west by Petrucci. 8 :40 -P.M. Application of CHARLES -BOCKLET (by Peter Stoutenburgh) , 72 Fourth Street, Garden City, New York, for a Special Exception to the Zoning ordinance for permission to establish second--residence on same lot, dwelling/ Article ' III, Section- .100-30A. Location of property.: Robinson Lane, Peconic, New York; bounded north by Suskevich, east by Wood, south by Hog Neck Bay, west by Robinson Lane. 8 :55 P.M. 'Application of JOHN R. DEMPSEY (North Fork Equities, Inc. for Diane Gazza) , North Road, Southold, New York for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to obtain Certificate of Occupancy with insuffi- cient frontyard, setback. Location of property: Cedar Beach Road, Southold, New York, known and designated as part of Lots No. 21 ? 22 , 23, and. 24 on. Map No. 90 of Cedar Beach Park. 9 :10 P.M. Application of STEPHEN J. PERRICONE and PENELOPE KOUSOUROSr 7470 Sound Avenue, Mattituck, New York for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to establish a disco bar with dancing. Location of property: Sound Avenue, Mattituck, New York; bounded north by Sound Avenue, east by Sepko, south and west by Meglio. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ---------------------------------------------------------------- Instruc tions for the Suffolk Times and Long Island Traveler Watchman for publication: Please publish once, December 13, 1979 and forward seven (7) affidavits of publication to: Southold Town Board of Appeals, Main Road, Southold, New York 11971, on or before December 17 , 1979. --------------------7-------------------------------------------- Copies mailed to: Abigail A. Wickham, Esq. for Y & C Holding Corp. Mr. Gunter Morchel, Main Road, Mattituck, NY 11952 . Mr. Peter Stoutenburgh for James Reale and Charles Bocklet Mr* James Reale, Skunk Lane, Cutchogue, NY 11935 . Mr. Charles Bocklet, 72 Fourth Street, Garden City, NY 11530. Mr: John R. Dempsey, North Fork Equities for Diane Gazza, Southold.. Mr. Stephen J. Perricone & Ms. Penelope Kousouros , Mattituck. NOTICE OF_HEARINGS Pursuant to`Town"Law See- tion 267 and Provisions-of the' tl`Amended Building Zone Or dinance of 'Southold- Town,- i it New'York, Public`'Hearings _d will be held by the Zoning Board of Appeals, Town Hall, , Main Road, Southold, New York, 'Thursday `December 27, 1979 on the following:• 7:50 P.M.Application of.Y& I COUNTY OF SUFFOLZ�. ) C HOLDING CORP'', 142-17 I -M'`' STATE OF NEW YORK, Ss: 38th•Avenue,.Flushing, New ; York: (Abigail A. Wickham, JOAN GUSTAVSON Esq,) for'a'Variance for 'ap proval of.access in accordance • . • • ° • ° • ° ° ° ' ° ' ' ' ' ' ' • ' - ' ' ' ' ' ' ' ' ' ' being duly SWOrri. with Town Law Section 280A. says that .�.H . . , is Printer and Publisher of the SUFFOLK Location of property:right-of walaity t Road' 27he northerly"side of Co unty .. WEEKLY TIMES, a newspaper published at Greenport.,in said , l?econ bounded ic; north by La:,Sound county; and that the notice, of which the annexed is a printed west'by Troyano and'McGun' nigle, south..by, 1VIcGunnigl e ha s as been published in the said Suffolk Week Times and Ebeling, eastliy.Wicks. 1�y 8100 -P.M. Application of GUNTER".MORCHEL, Main once in each week, for ONE weeks Road, Mattituck' New. York. : ` for a Variance,to the zoning_ successivC4 c 6mmengng on the . . • • thirteenth • , , Ordinance,Article III;Section, .� DECEMBER . i 100-32 for perinisslori^to con- day of • • • • • • • • • • • • . . 19.79 struct fence:'over four 'feet 'high.-in ,, and L . .�, ;pr h.-in Y. ocation'of, . . . . . . . . . . . y. Na§sou #i56Wri Sworn to before me is . . . . . . ; 'Amended Map.A, Map N156 ' Lots 18 and part-of 17--'bound'.. tray of 1'ed north by Old. Menhaden 19 ��.y') Road;,east"by , omq. Bay; � ��'� /! . . G!. . . South'Point-'Road.y Case,.west by Nassau /� • . 8s10 PM: Application of. . . . . . . . .A.. . . . . . . . . . . . . .. . . . . . . . . . . . . . . GUNTER 'MORCHEL, Main' Road; Mattituck,""New.,York., for„a.Variance.•to the-Zoning. MARGARET A. YOUNG Ordinance,Artielp111 Section NOTARY PUBLIC, State of New York 100-35 for permission to.con-, Suffolk County - No. 52.9776895 struet fence, (accessory) in.' Term Expires March 30, 1980 front yard.Location of proper- ty` Nassau Point`, Amended' Map A,Map#156,Lots 18 and part of 17;_bfunded..north by . :Old Menhaden Road, east by - — - — — — Peconie Bay,'south'by Case, j west by Nassau Point,Road. 8:25,::P.M: Application of.. _,JAMES. REALE' (by,;`Peter. Stoutenburgh),.'Skunk'..Lane, -Cutchogue, New York for,;a - Variance'to the1oning Ordin once, Article•III, Section 100~,. 32 for permission to construct 'accessory building in side � yard `Location.,of pro�pperty:• - 1 ' 7845 Skunk Lane, Ctitchogue, .New.York;,bounded'north-by .� Frieman and Cordes; east by Koller, south -by Skunk Lane, west by Petrucci. 8:40• P.M.,"..Application' of I CHARLESBOCKLEr'(byPe- ter Stoutenburgh) 72`Fourth 9 Street, GardenNew• f York,fora`Special-Exception _ to the Zoning`Ordinance;for Permission,o establish second" residence on same lot,Article III, Section 100-30A::,Location of`property:• Robinson Lane, Peconic, New York; bounded i north by;Suskevich, east by I Wood;south by Hog:Neck Bay, i west by Robinson Lane. 1• .8:55: P.M. Application of JOHN R. DEMPSEY,(North Fork Equities,,Inc: for'Diane Gazza),North Road,Southold, New York for a Variance to ; the Zoning Ordinance, Article ;.:III, Section 100-30 for permis 1 sion to obtain Certificate`.of Occupancy with .insufficient ' frontyai=d setback.Location of property: Cedar Beach Road, Southold, New York,;known and designated as part of Lots''. I No.,.2i; 22,,,23,,and u on Map., r •No..'90 of Cedar Beach.Fark:" j 9'1 M. Annlicatinn of i i an ENEL tltuck_ 1VPfor a Var.- laance to the Zoning.Ordinance, Article VI, Section loo-60 for �-permission to establish a disco bar with dancing. Location of { property:SoundAvenue,Mat-- .'aituck; New .York; •bounded north' by Sound Avenue, east 4, by Sepko;,south and west by . 1 i Aeglio. 13Y'ORDEROF i THE:SOUTHOLD TOWN BOARD OFAPPEALS' ,1TD13-3350' •-. a NOTICE OF HEARINGS COUNTY Of SU1 1=0LK Pursuant to Town'Law Sec. STATE OF NEW YORK tion 267 and Provisions of the Amended Building Zone .Or- dinance of Southold Town, New York, Public Hearings Patricia Wood, being duly sworn, says that she is the will be .held .b}>: the •Zoning Board of Appeals, Town Hall, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Main Road, Southold, New. ❑ public newspaper printed at Southold, in Suffolk County; York,Thursday;-December 27, 1979 on the following:• ❑nd that the notice of which the annexed is a printed copy, 7:50 P:M.. Application'of Y &C HOLDING CORP.,'142-17 has been published in said Long Island Traveler-Watch- 38th Avenue, Flushing, ,New. man once each week for /....................... weeks York (Abigail A. .Wickham, ................ ' Esg for a Variance for approval successively, commencing on the ...!3.........i . oval of access in accord- ance with Town Law Section - �f 280A. Location, of property day of .. .. .... ............................ 19. 1... right-of-way on the northerly side of County Roa6 27, Peconic;bounded north'by L.L' .... Sound, west by Troyano and McGunnigle,south by McGun- nigle and Ebeling, east by s Wicks. 8:00 P-M. Application of ° GUNTER worn to before me thi MORCHEL, Main s "" -•••�•••""' • ••• (Joy(Joy '' Road,Mattituck,New York for a Variance to the Zoning • ...... ••• •••••••........•••••. 19..1../... Ordinance, Article III, Section 1.00-32 for permission,to con-. struct fence over four feet high " in front yard. Location of property: / ��. ...� . Nassau_Point A-. • • -� i Section�100-30A. Location- of Notary Public property: Robinson Lane, Pe. conic, New York; bounded north by -Suskevich, east by ANT,OINErrE BERKOSKI Wood,south by Hog Neck-Bay, NOTARY PU,81IC, Sate of New York west by Robinson Lane. Residrer1 in Suffolk County 8:55 P.M. Application of No. 52.4500796 JOHN R. DEMPSEY (North C-:ramssion Expires March 30, 14 .Fork Equihes,,Jnc. for.Diane' Gazza),No h Road,.Southold, New,York f'r a Variance.to the .Zoning Or inance, Article III, Section 100-30,for permission to obtain 'Certificate of Oc- cupancy` with insufficient frontyard setback. Location of property: Cedar Beach Road, Southold, New York, �known and designated as part of Lots No.21,22,23, and 24 on Map No. 90 of Cedar Beach Park. 9:10 P.M. Application of STEPHEN J. PERRICONE eapd PE .as�b Soupd venue. Mat- I tituck, New York for a Vari- ance to. the zonmg Ordin- ance; Article VI, Section 100- 60 for permission to establish a disco bar with riancing. Loca- tion of property: Sound Ave- nue, Mattituck, New York; bounded north by Sound Ave- nue,east by Sepko, south and' west by Meglio. BY ORDER OF LEGAL NOTICE. NOTICE 'OF RECESSED HEARINGS Please be advisedthat the Southold Town Bo4rd of Appeals will be recessing the following matters until 'November 15, 1979 to be held at the Southold Town Hall, Main Road, Southold, New York, at the following times: 7 :30 P.M. (D.S.T. ) Upon application of RAYMOND AND ANN CIACIA, Main Road, Greenport, New York (James Bitses, Esq. ) for a variance to the Zoning ordinance Article VIII, Section 100-80 for permission to divide property with insufficient area and width. 7 : 35 P.M. (D.S.T. ) Upon application of STEPHEN J. PERRICONE XENELOPE KOUSOUROS, 7470 - Sound Avenue, Mattituck, New York,, for a variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to establish a disco bar with dancing. 7 :50 P.M. (D'.S.T. ) Upon application of EMANUEL M. KONTOKOSTA, 26 Court Street, Brooklyn, New York (Richard F. Lark, Esq. ) for a Special. Exception to the Zoning ordinance, Article V, Section 100-50 for permission to erect a 28-unit apartment complex with 21 motel units .and coffee shop. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Please publish once, OCTOBER 11, 1979and forward three (3) affidavits of publication to: Board of Appeals, Town Hall, Main Road, Southold, New York 1197-1 before October 11, 1979. LEGAL NOTICE NOTICE OF RECESSED HEARINGS Please be advised that the Southold Town Board of Ap- -peals will be recessing the fol- lowing matters until Novem- ber 15, 1979 to be held at the Southold Town Hall, Main Road,Southold, New York, at COUNTY OF SUFFOLK, J the following times: ss, 7:30 P.M. (E.S.T.) ..Upon STATE OF NEW YORK, J application of. RAYMOND AND ANN CIACIA, Main -Road, Greenpdrt, New York . . . . . . . . Joan .Gustayson. . . . . . . . . . . . . being duly Sworn, (James Bi E fora the variance to the Zoning Ordin- says that . .Sbe. . , is Printer and Publisher of the SUFFOLK ance Article VIII, Section 100- 80 for permission to divide WEEKLY TIMES, a newspaper published at Greenport. in said property with insufficient area and width. county; and that the notice, of which the annexed is a printed Upon . p ica ion o dopy, has been published in the said Suffolk Weekly Times KUUSOU.Roh747g gW40 once in each week, for . . . . . O11e. . . . . . . . . . . . . . . . . weeks venue, a uc ew Y or , for a variance to the Zoning successively commencing on the . . . . Ordinance;Article VI,Section a le•ven-t h. • • • • • • • • • • • 100-60 for permission to estab- day of 0 c t Ob a r° 19 7 9 lish a disco bar with dancing. . . . . ' 7:50 P.M. (E.S.T.) Upon J�r J! �!d`L— application of EMANUEL M. • ' ' ' ' • . . . . . . . . . . . . . . . KONTOKOSTA, 26 Court Sworn to beforet . . . . .a his . . .� ; Stree , Brooklyn, New York (Richard F.Lark,Esq.) for a day of • • Cam`/Cj • • • • • , • 19.�. J Special Exception to the Zon- ing Ordinance,Article V, Sec . . . . . . . . . . tion 100 50 for permission to erect a 28-unit apartment com- p ex with 21 motel units and coffee shop. BY ORDER OF NANNY Tl*• DOUGLAM THE SOUTHOLD TOWN NOTARY PUMC,State of New York BOARD OF APPEALS Residing in Suffolk County Cl'cs. No. 52-60N" 19. Cotrmnssion :. ,(re; .. i 30. LEGAL NOTICE•• �-�I COUNTY OF SUFFOLK �- NOTICE OF i STATE OF NEW YORK RECESSED HEARINGS i Please be advised tha�the Southold Town Board of Ap- peals•will be recessing the ! Patricia Wood, being duly sworn, says that she is the following matters until Nov- Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, ember 15, 1979 to be held at the Southold Town Hall, Main ❑ public newspaper printed of Southold, in Suffolk County; Road, Southold, New York, at and that the notice of which the annexed is a printed copy, the following times: 7:30 P.M. (D.S.T.) Upon has been published in said Long )sland Traveler-Watch- 'application .of. RAYMOND man once each week for I ...................... weeks AND ANN CIACIA, Main """""" Road, Greenport, New York successively, commencing on the '(James"Bitses,,Esq.). for a' ................................. variance to th'e Zoning Ordin- U ance Article VIII;' Section day of ... .......... ................ 19...... 100-80 for permission to divide property with insufficient area �- -and-width. D.S.T. Upon CK ;-application of STEPHE I+ _ oun I _ venue,mattit Sworn to before me this day of for a variance to the Zoning � •---•••••••••••••••••• Ordinance, Article VI, Section 100-60 for permission to estab- .. ........... 19. fish a disco bar with dancing. 7:50 P.M. (D.S.T.) Upon application of EMANUEL M. KONTOKOSTA, . 26 Court Street, Brooklyn, New York (Richard-F. Lark, Esq.) fora, ""' ' .. ... ... . .......0 ....d. Special Exception to the Zon- Notary Public ing Ordinance, Article V, Section 100-50 for permission j to erect a 28-unit apartment ANTOIKETTE BERKOSKI complex with, 21 motel units NOTARY Pvalitz�,• State of New York and coffee shop. No. inSuttolk County No. 52-45M796 BY ORDER OF THE cumawol Expires March SOUTHOLD TOWN BOARD OF APPEALS 1T,10/4/79(1007) Legal Notice of Hearings -2- September 6 , 1979 8 : 50 P:M.. (D.S.T. ) Upon application of Penelope Kousouros F ;, ,and Stephen J. Perricone, 7470 Sound Avenue, Mattituck, New York, for a variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to establish a disco bar with dancing. C Location of property: Sound Avenue, Mattituck, New York, . bounded '. on the north by Sound Avenue; east by Sepko; . south by Meglio; _ west by Meglio. 4 9:10--P.M. (D.S.T. ) Upon application of David. and Carmen } f Olenick, 120 Park Place, Brooklyn, New York, for a variance to. ` the Zoning Ordinance, Article III, Section 100-32 for permission r !' to construct, a ,swimming pool in the front yard area. Location of property: . Corner of South Harbor Lane and Private Road, I Southold, New York, bounded on the north by VandenHeuvel; east by Jacobs; south by Private Road; west by South Harbor Lane. t 9 :20 P.M. (D.S.T. ) Upon application of Celia Vitale, 19 Or- chard Drive, Woodbury, New York, for a variance .ir_ acoordance with,.,Town Law, Section 280A for approval of access. Location of property: Main Bayview Road, Southold, New York, bounded on the north by Norklun and Olsen; east by Krepp; south by Main Bayview Road; west by Gioscia; Michaelis and Doma. 9 :35 P.M. (D.S .T. ) Upon application of Richard Praetorius, 846 Westmoreland Avenue, Syracuse, New York, ,for a variance to the Zoning Ordinance, Article III, Section. 100-31 and Bulk Parking; Schedule for permission to divide property with insufficient area and width. Location of property: Westview Drive, Mattituck, ' t New York, bounded on the north by Eriksen; east by Westview Drive; south by Dawe; west by Mattituck Creek. ; Dated: . August 27, 1979 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, AUGUST 30, 1979, AND FORWARD SEVEN(7) AFFIDAVITS OF PUBLICATION TO: BOARD OF APPEALS, TOWN OF SOUTHOLD, MAIN ROAD, SOUTHOLD, NEW YORK 11971 BEFORE SEPTEMBER 6, 1979. --_ pounds and child ever t! owned by th{ . t � August 27,1954 In his forth rn aboard the Shelter Steeple Davi day morning.Mr.and of his mastc ung were bound for among them lander" at 5:30 a.m. the Fog". T] COUMTY OF SUFFOLK, 1 ig the dock. Captain Point School ---_'STATE OF NEW YORK, ss: iIized there was no Village'Lan 1 " d z ;-� •� r . Joan •Gustaysorl . being duly Sworn. application of Diane Gazza, ", C/o North Fork Equities, Inc., says that .She . . . is Printer and Publisher of the SUFFOLK North Road, Southold, -New' York, for a variance to the WEEKLY TIMES, a newspaper published at Greenport. in said Zoning Ordinance,Article III, Section 100-30 for permission to -have a n county; and that the notice, of which the annexed is aprinted - storage buildingon-farm, barn as the main COPY, has b publishe& in the said Suffolk Week Times structure on a lot which is not , been permitted in a A residential one and Agricultural District,and I once in,each wee k'for . . . . . . . . . . . . . . . . . . . . . . . . . weeks a variance to the Zoning Ordi- nance,Article III,Section 100- successively commepcing on the . . . . 3Ath . . . . . . . . . . . . . . . . 31 and Bulk Parking Schedule 1� for, permission to construct day of • • •AXA&VA•t- . • • . • . 19,7.9 said building with an insuffic- C �• 4?: ient front yard'setback. Loca- • • • • • Lion of property: Cedar Beach �• Sworn to Road, Southold, .New York, before . /}re me this . . . . . known and designated part day of . . ('ifiirt.�j�,(/,�.k . 19. 71 j of Lots No.21,22,23 andd Y 24 on / Map No. 90 of Cedar Beach Park. : . . . . . :J . . n . . . . . . . . . _ 8:20 P.M. (D.S.T.) Upon application of Frances N. Frisbie, Clearwater Lane, 11?At.CY 7. AOUC�LASS Cutchogue, New York, fora aC.,State of Neer variance to the Zoning Ordin- iZesiding in'Suffolk Couniy ance, Article III, Section 100- Clks. No. 52-6086 31 and'Bulk Parking Schedule Cumww. on Expires Minch 3C°19 for permission-to,change lot \ dines on a filed subdivision map. Location of property: Nassau,Point Road and Clear- water Lane, Cutchogue, New " York, known and "designated as Lots 105 and l06 on Map No. 156"Amended Map A of Nas- sau Point". 8:35 P.M. (D.S.T.). Upon application of William and Margaret Phelon, 215 North- field Road, Hauppauge, New York, for a variance to the Zoning Ordinance,Article III, Section 100-31 and Bulk Park- ing Schedule for permission to construct-a dwelling with in- sufficient front yard setback'. Location, of property: Lilac Lane, Cutchogue, New York, known and designated as Lot .known on Map No.1179"Map of Nassau Farms." 8:50 'P.M. (D.S.T.) Unon application of Penelope I{ou= souros and Smep eT n J. Perri- con 7470 Sou— naAvenuemaat- tituck, New York,'for a vari- ance to the Zoning Ordinance, Article VI, Section.100-60 for permission to establish a disco bar with dancing. Location of property:Sound Avenue,Mat- tituck, New York;bounded on the north by Sound Avenue; . east by Sepko; south by Meg- Ito; west by Meglio. 9:10 -P.M. (D.S,T.) Upon 4' application of David and Car= men Olenick, 120 Park Place, Brooklyn, New York, for a variance to the Zoning Ordin- ance, Article III, Section 100- 32 for.permission to construct a swimming pool in the front yard area.Location of proper- ty: Corner of South Harbor { Lane and Private Road,South- 1 old,New York,bounded on the . north by VandenHeuvel; east. by Jacobs; south by Private - Road; west by South Harbor - Lane. I 9:20 P.M. (D.S.T.) Upon application of Celia Vitale, 19 Orchard Drive, Woodbury, New York, for a variance in i accordance with-Town Law, Secti6n,280A for approval of access. Location of property: Main Bayview Road, South- old,New York,bounded on the. north by Norklun and Olsen; east by Krepp; south by Main.. Bayview Road; west by Gios- cia; Michaelis and Domq; 9:35 P.M. (D.S.T.) Upon application of Richard Prae- torius,846 Westmoreland Ave- nue,Syracuse, New.York, for a variance to the.Zoning Or- dinance, Article III, Section 100-31 and. Bulk Parking i Schedule. for permission 'to divide property with insuffic- ient area and width. Location— c LEGAL NOTICE NOTICE OF HEARINGS COUNTY OF SUFFOLK � Pursuant to Section 267 of STATE OF NEW YORK the.•Town Law and the provi- sions of the Amended Building Zone Ordinance of the Town of Southold, New:York, public Patricia Wood, being duly sworn, says that she is the hearimgs will be held by the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Zoning.,Board,'of Appeals at the Town Hall, Main Road, �, a public newspaper printed at Southold, in Suffolk County; Southold, New York, Thurs- and that the notice of which the annexed is a printed copy, day,September 6,1979,on the following hearings: has been published in said Long Island Traveler-Watch- 8:10 P.M. (D.S.T.) Upon an once each week for application of Diane Gazza, m •••••••••••I•••••••••••••••••••••-•••• weeks c/o North Fork Equities, Inc., 3 6 North Road, Southold, New successively, commencing on the -.•.•.-.--•..................................... York, for a variance to the Zoning Ordinance, Article III, (717 •••••• ......... 19..�. Section,400-30.for permission . .to_ have;_ a non-farm, barnstorage:building as the main ••. ...:............r................. ... ..... structure on a lot which is not permitted in an A residential and Agricultural District, and a, variance to the.-Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Sche- Sworn to before me this ............... day of dule for permission to con- struct.said building with an ••• • •••••• ............ 19...T7 insufficient front yard setback. Location of, property: Cedar Beach Road, Southold, New I " York, known.and designated as part of Lots.No. 21, 22, 23 _ . ........... ... .. ................:-4 and 24 on Map No..90 of Cedar Notary Public Beach Park., 8:20 P.M: (D.S.T.) Upon application of Frances N. ANT(NIIEM SERKOSKI 'Frisbie,- Clearwater Lane, NOTARY MOVC, State of New York Cutchogue, New York, fora ft*hkap in Suffolk County variance to the No. 52-45M796 Zoning Ordin- Comn'►ission Expires March 30, 19� ance, Article III, Section 100- . 31 and Bulk Parking Schedule for permission to change lot lines,on a filed subdivision, map. 'Location of property: Nassau Point Road-and Clear--- water Lane, Cutchogue, NeW York, known and designated as Lots 105 and 106 on Map 156 "Amended Map A of Nassau Point". 8:35 P.M. (D.S.T.) Upon application of William and Margaret Phelon, 215 .North- .field Road, Hauppauge, New York, fdr a variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Park- ing Schedule for permission I to construct a dwelling with• 1 insufficient front yard setback. Location of property: Lilac Lane, Cutchogue,.New York,- 1 known and designated as Lot No. 105, on Map No. 1179 "Map of Nassau Farms" 8:50 P.M. (D.S.T.) Upon 1-application of Penelope Kou- souros and Stephen J. Perri- cone, 7470 Sound Avenue, Mattituck,` New York, for a variance to the Zoning Ordin- ance, Article VI, Section 100- 60 for permission to establish a disco bar,with dancing. Loca- tion of property: Sound Ave- j nue, Mattituck, New York, bounded on the north by Sound Avenue; east by Sepko;' south by Meglio; west by , Meglio. 9:10 P.M. (D.S.T.) Upon application of David and Car- men Olenick,'130 Park Place, Brooklyn, New York, for a variance to the Zoning Ordin- ance, Article III, Section 100- ' 32 for permission to construct a swimming pool in the front yard area. Location of'pro- perty: Corner of South Harbor Lane and Private Road, South- old,New York,bounded on the north by VandenHeuvel; east_ by Jacobs; south by Private- Road; west by South.Harbor Lane. 9:20 P.M. (D.S..T.), Upon application of Celia Vitale, 19 Orchard Drive, Woodbury, New York, fora a variance in accordance with Town Law, Section 280A for approval of .access. -Location of property: ' Main Bayview Road,Southold, , New York, bounded on the north by Norklun and Olsen; east by Krepp; south by Main Bayview Road; west by Gios- cia, Michaelis and Doma. 9:35 P.M. (D.S.T.) Upon application of Richard Praetor- ius, 846 Westmoreland Ave- ` nue;Syracuse,New York,for a variance to the Zoning Ordin- ' ance,.Article III, Section 100- 31 and,Bulk Parking Sche- dule for permission to divide FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN .CLERK'S OFFICE SOUTHOLD, N. Y. . NOTICE OF DISAPPROVAL .. Date UG— � 7 File No. ...............:.............................................. ...............................,.. ....................., 19.. 1-7 .. To kv.SPURQS � OwNE� �.yl .... ........................... s-rEvE rcvvlcO.m C� -CL.IIN TORK FtKr_G) 7-rz UW i P�1CP'NT ........................................... .......... ................. ................................................................................. �y �7G1 PLEASE TAKE NOTICE that your application dated .............................J0 LY ........................, 19:....... t�� ftDDlTlo�;a� U S forpermit W1 ` IX# ........................................ot the premises located at .................................. o....:S:OUAJ D......A!4� ....................... Street MPrW 17 W.lL .. Block ................ Lot ...............:................................ is Map ......................... .... ..................... returned herewith and disapproved on the follow;ng grounds ... CC OF P USE _ — h�0_ A -PP-r M lam- Us C ( Kl ,��-„ - .........!"1...........M.l��?.i.... .�............................. . �. ............................ ...... .......................................................................... .......... t�.T:� ............................ ..... ....:.............:................................................................:............................................................................ Z L! _ GoDD /a r— .5 -3 ..................�. ...................................... / Building Inspector h-YbT/N(r- (/S[; FEMALE 9fbIM& 73y ss PSCAVA?D`e L,9k1-rSAC--p-'5 YA-R--b -PK D M I= G I.1 0 ML Gj_1 o ` ►-,.�:� � lop 0 -. 7 Z3 a h � // TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. _Z5 a, DATE AL&q...7., 1 q.7.7.... TO THE ZONING!�BOAyRD OF APPEALS, TOWN OF SOUTHOLD, N. Y, 06A T s rG41e10 (ocu6ne�)v .j- 5+ ve fer-rie cne i11 ); (We q,Tlx�if�.�P.?. ..I'e.�14w�. �.?!�.t4+!� .......of .................711P.....50-lAna.... ve......... 'IeA r, In CorY4P ank� o 'd*n-s . Street and Number M V ............................................................. ...AL..7..............HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED A.W. ... `��..r��.?. .................. WHEREBY THE BUILDING INSPECTOR DENIED TO Xvws*p.t&C.vs.9 t�eaelope.,ou>»yet- t S-Fwe., e?err;ea^e CbBATw;n 1FbrX II=g,� tna„+ ................................................................................. Name of Applicant for permit of 7A7.o.....sQ;&.nA......r v ......... ..............N..Y......................... Street and Number Municipality State (PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY vier........................................................ Street Use District on Zoning Map . ....................... ..... .... ..................... Map 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.) A-R r M 100— 40 1,15E 1RE6410MIOVIS 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 previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (V01005�A Variance to the Zoning Ordinance ( ) I is requested for the reason that Cl, aiseobar- wA t ane+ +rl P`&ee, o am' U..4e Me-A'- ' i% t)04 -pe-rmt+t,, .' in o_ �j ao►nej Pp��c'a��©►.� a� `4e✓ LLSe- rel in . also +I e, lnsicmcc4lon 01 0. .� h .�±� n K �'ev�ee, i r� '}�► rec-c- ar-L-- CLa Per C4 rCLLU`roc, Form zsi (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINA CE would produce practical difficulties o unneces- sary HARDSHIP because � 'A� '© rO �00 !° tit i -Inc�QI 'b°uStineIQr,. ;4. 1c neeeGZQr• "f'o in CA A �cl;twnod uc 9ft" -= o� -, �co cc �G��e, open t n � � 1 1 � SSaaqq �ene,raAe- :Ae' CIA-A j 0na..1 we� neae_G.G CL1_1 S rICx . CILppii e,a ion woLdA lo ropes4y I �or i IS VL .Si nc ss e Y ev©c- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this- use district because +he'G P'roPC"A )� tkrroLLv,A e t 6y Ir m t6 Inv ofhP_r� 0 c- ces,AfA\M1 e-6+011 i 4i per se, in +6e, t m m eJ 1 a4c- cXrc.Q_ rle0.res�' h©mea +o 4* prop4Lrly Q.rei ta+ aG4 A1- YA rn E - 1too W a000 Gtwa_N 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 4ke✓ PMSen+ 1A-601 O� '�Ae- p' row.4- ('' � Cus ome.VG +0 Ar—Ire, Up O-ncl part in Dt Jex- +D A 964_Gs �e rie,% n j n e_�I `=T 1h a-re- w o t t 14 6� no raaA 6ha vi q i►'1-: Ike- u � 1,� b1 ►ldtn� ti,� � . �� � bar w� �l ohly 6e. open �rom Rpm +0 �4 A_M . ' A STATE OF NEW YORK ) ss .. ... .............. ........�... COUNTY OF ) Signature Sworn to this ............... ..' '.��4r.........:... day of.....(.��5!� ✓..!.GrT..................... 19 ............ ...h... Notary ubl is JOYCE M. SKWAR� NOTARY PUBLIC, State of New York No. 52-4663491 Qualified in Suffolk County Commission Expires March 10, 1980 TEL. 765-1802 00 OG TOWN OF SOUTHOLD Z OFFICE OF BUILDING INSPECTOR = TOWN HALL SOUTHOLD, N. Y. 11971 April 2, 1980 Mr . Stephen J Perricone Twin Fork Fence, Inc. P. 0. Box 41 Mattituck, N.Y. Re: Nite Fever Disco , Inc. Dear Mr Perricone: As per your request, I am returning your check No. 115, copies of plans and a xerox copy of your application for building permit submitted for above. We are retaining your original application for a building permit and various plans you submitted as part of our file since a Zoning Board of Appeals action was taken relative to said application. Y s 7F. EDW INDERMANN Building & Housing Inspector encl. copies to: Zoning Board of Appeals Planning Board TWIN FORK FENCE, Inc. P. O. Box 41, NORTH ROAD (RT. 27 A) MATTITUCK, NEW YORK 11952 (516) 298-4777 — 765-5397 Southold Town Building Dept. Main Road Southold, New York 11971 Dear Mr Hinderman, As per our telephone conversation in regard to - the Nite Fever Disco building permit I am requesting the return of my check and any pertinent papers relating to. my request for the building permmt. I am withdrawing the request at the present time. Thank you for your cooperation in this matter. ou truly, L Stephen J. Perricone 1��z e COUNTY OF SUFFOLK DEPARTMENT OF PLANNING LEE E. KOPPELMAN DIRECTOR OF PLANNING. January.25, ..1980 Town of Southold f Board of 'Appeals 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 Stephen J. Perricone & Penelope Kousouros -2587 Robert Waddington, Jr. 2655 Very truly yours,. Lee E. Koppelman Director of Planning by GGN:jk CHEF PLANNcR VETERANS MEMORIAL HIGHWAY • .HAUPPAUGE;L.L.NEW VORK • 979-2920 TOWN CLERK 765-3783 Building Dept. Planning Bd. 765-2660 . Board of Appeals Z TOWN OF S0UT.H01D py�.• TOWN CLERK'S OFFICE Main.Road Southold, N. Y. 11971 r Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12—B, Sections 239-1,and'm,,•. ,. the':. .BOard of . . . . . . . of the town of. , . Southold. . . . . . . . . (agency involved); hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) Appeal No.. 25$7 ......... New and recodified zoning ordinance p g Stephen 41.perricone & Penelope ........ Amendment to the zonin ordinance KOLtSour03 ....... Zoning changes 7470 Sound Avenue Mattituck,. NY 11952. Special permits XXc.......... Variances Art.. VI, .Sc. 100 60 S/s Sound Ave, near County Rowe 27 dual highway, Location of affected land: . .. ............................................................ within 500 feet of: (check one or more) , Mattituek, NY. 1000-121-5-3 '......... Town or village boundary line,or shore line 1 X ......... State or county road,parkway or expressway 4. State or county park or recreation area ......... Stream or drainage channel owned by the county or for which the county has established channel lines ......... State or county owned parcel on which a public building is situated comments: Applicants were' :granted permission to; 'establish disco` bar' vith dancing in B-zoned. -district subject to; (a) 'Sukfolk County approval `Eor access from County Road`.27 to & from subject premises, (b) Mattituck Fire Ch ief recommendations, `,for number of' occupants maximum and r�hall not .exceed seine, (c) must apply. ;for renewal of this variance within 10 amonths,,.of the date hereof, (d) County, ,Planning Commission reconmi►endations, etc.. ';(see attached) . Da'to .................... . Bnalosures .......... (signed)Linda F. .Kowalski Secretary. ............... ........... Title ' Date received by Suffolk County Planning Commission ....................... ............................................... File.No. ................................ Y• Y 0. An Southold T® n Bowed of Appeals col ��oN: SOUTHOLD, L. 1., N. Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS R ��4�Lyt5YP1`£X3`�.,�I��I�l�tl�I CHARLES GRIGONIS,JR. SERGE DOYEN,JR. TERRY TUTH ILL ROBERT J.DOUGLASS, Acting Chairman November 28, 1979 Mr. Stephen J. Perricone and Ms. Penelope Kousouros 7470 Sound Avenue Mattituck, .NY 11952 Re: Appeal No. 2587 Dear Applicants: As per our telephone conversation today, this is to confirm that your application will not. be scheduled for the December 6, 1979 meeting. At the December 6th meet- ing, a resolution is anticipated to schedule a date for the reconvening of this matter. I am sorry for the inconvenience this has caused you. Sincerely yours, Linda F. Kowalski Secretary LFK b ' eals 4 Southold Town Board, of APP SOUTHOLD, L. I., N. Y. 11971 TELEPHONE (51.6) 765-1809 APPEALS BOARD MEMBERS Ra :�s > � t �Zit INTER-DEPARTMENT MEMO CHARLESGRIGONIS;JR. SERGE DOYEN,JR. TERRY TUTH ILL ROBERT J.DOUGLASS TO: SOUTHOLD TOWN PLANNING BOARD -FROM: SOUTHOLD TOWN BOARD OF APPEALS, ATTN: MRS. KOWALSKI DATE: NOVEMBER 26 , 1979 The following matter (s) is (are) hereby referred to you £or your comments and recommendations. A response would be appreciated no later than December 6th.. Thank you for your consideration. (1) Appeal No. 2633. DELMER F. NUHFER. .Subdivide with insufficient width and area. Property: 600 Cedar Drive,/ Southold. Bayside Terrace Lots 6 & 15. Approved 11/15/79. (2) Appeal No. 2587 . STEPHEN J. PERRICONE and PENELOPE KOUSOUROS. To establish disco bar with dancing: Property: _ Sound Ave, Mattituck near intersection with Cox Neck Road. Applicants are required"-to obtain Planning Board approval of Parking Plan, Article IX, Section 100-1'12. (3) Appeal No 2638 HERBERT MUNCY & wf. Subdivide with insufficient area and width. Property: Gardiner' s Bay Estates s§II, Map #275, Lots 64-66 inclusive. See attached X Sincerely yours, Linda F. Kowalski Secretary �C��Ff ar Sou io Board thold wn of AppeaIs SOUTHOLD, L. I., N. Y.' 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS,JR, SERGE DOYEN,JR. TERRY TUTH ILL ROBERT J.DOUGLASS, Acting Chairman November 23, 1979 Mr. Stephen J. Perricone and Ms. Penelope Kousouros 7470 Sound Avenue Mattituck, NY 11952 ate: Appeal. No. 2587. Dear Applicants: This is to confirm that the following resolution was adopted by this Board on November 15, 1979 : RESOLVED, that the. matter of Stephen J. Perricone and Penelope Kousouros, Appeal No. 2587, be RECESSED until the applicants have applied to and received approval, from the Southold Town Planning Board with reference to their pro- posed parking plan, and that same be re-advertised in both the official and local newspapers. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Doyen and Tuthill. Sincerely yours, Linda F. Kowalski Secretary TOWN CLERK 765-3783 Building Dept. Planning Bd. 765-2660 Board of Appeals l� z TOWN OF SOUTHOLD p TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the'Consolidated Laws, Article 12—B, Sections 239-1 and m, the . BQazd .Qf. Appeals• . , • • - - , • • , , of the town of. the_ Town- of .Southold - (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning.Commission: (check one)_ ................ New and recodified zoning ordinance Stephen J. Perricone & Penelope Kous- 7470 Sound Avenue ouros .... Amendment to the zoning ordinance Mattituck, NY 11952 ................ Zoning changes Appeal No. 2587 ................. Special permits ..XXX..... Variances (Article 100-60 "use") Location of affected land: .......................................................... ............................................ within 500 feet of: (check one or more) ................ Town or village boundary line,or shore line •••••XX••••• State or county road,parkway or expressway ................ State or county park or recreation area ...............: Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated , Comments: Applicant requests permission to establish disco bar in a B-Zone which is not permitted. Attached herewith is map to scale (800 '=111) showing distances to other .buildings together with other. pertinent .documents. Location of property: County Route 27 , near. its inter- section with Cox Neck Road, Mattituck, New York. Date: .SeP?tember•• 14 , 1.9.7.9. Dina a•• (signed) ftowaTsk'i Secretary ...........Roard...of...Appeals Appeal&.............................. Title Date received by Suffolk County Planning Commission ...............................:.....:.............................................. /J File No. ................................ Aa�� -� . TOWN OF .SOUTHOLD SHORTIENVI.RONMENTAL ASSESSMENT rjnA "_. 4 INSTRUCTIONS : - (a) In order to answer the questions in this short EAF it is assumed that the prepares will use currently available information concerning the project and the likely .impacts of the action . It is not expected that additional studies, research or other investigations will be undertaken . (b) . If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary . (c) If all questions have been answered No it is likely that this project is not significant . (d) Environmental Assessment 1 . Will project result in a .- large physical change to the project site or physically alter more than 10 acres of land? . . . . . . . . . . . . . . . . . . . . . : . . Yes /No 2 . - Will there be a major change to any unique or -unusual land form found on the site? . . . . . . . . . . Yes No 3 . Will project alter or have a large effect on existing body of water? . . . . . Yps /No 4. Will project have a potentially large impact on. groundwater quality? . . . . . . . . . Yes o 5. ' Will . project significantly effect drainage /No flow onadjacent sites? . , . . . . . . . . . . . . . , . . . . Yes 6 . Will project affect any threatened•or . . endangered plant or animal species? . . . . . . . . . . . Yes , /No 7. Will project result .in a major adverse effect / on air quality? . . . . . . . . . . Yes ✓ No 8 . Will project have a major •effect on visual character of the community or scenic views or vistas known to - be important to the community? Yes ANO, 9 . Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area / by a local agency? . . . : . . . . . . . . . Yes ✓ No 10 . Will project have a major effect on existing / or future recreational opportunities? . . . . . . . . . Yes ,/ No ll .. Will project result in major traffic problems or cause a major effect to existing / transportation systems? . . . . . . . . . . . . . . . . . . . . . . Yes ✓No. 12 . Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project ' s / operation? . . . . . . . . . . . . Yes 1 No 13 . Will .project have any impact on public health or . safety? . . . . . . . . . . . � � . . . . Yes VINO 14. Will project affect the existing community by directly causing a growth , in permanent population of more than 5 percent over a one year period or have a major negative effect on the character of the community or / neighborhood? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes s No 15 . Is there public controversy concerning the project? . . . . . . . . . . . . . . . . . Yes /No PREPARER ' S SIGNATURE, REPRESENTING ' , DATE c'� 9 Ln T Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS FD9S SIXEWAKMXX%XM$!XN CHARLES GRIGONIS,JR. SERGE DOYEN,JR. TERRY TUTH ILL TYPE II ACTION DESIGNATION ROBERT J.DOUGLASS , Acting Chairman NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE. ENVIRONMENT Pursuant to Section 617 .13 of the New York State Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Town Law of the Town of Southold, Section 44-4B, the Southold Town Board of Appeals has determined that the following project is classified as a Type II Action not having a significant effect on the environment and will not' require any other determination or procedure. DESCRIPTION OF PROJECT Appeal No. 2587 . Application of STEPHEN J. PERRICONE. and -PENELOPE KOUSOUROS , 7470 Sound Avenue, Mattituck, NY 11952 . Location of Project: 7470 Sound Avenue, Mattituck, New York. County Tax Map Item No 1000-i21-5-3 . Permission Requested: To establish disco bar with dancing (rather than restaurant-bar- type business) . Article VI, Section . 100-30. Documents on File: Appeal Application, Notice to Adjoining Neighbors, Affidavit Attesting to the Mailing of said Notice, surveys and/or sketches of the proposed project, Notice of Dis- approval from the Building Inspector, Legal Notice of Hearing, Environmental Assessment in the Short Form, Section of the County Tax Map showing the subject property, & other documents as may be required. Person to Contact for More Information: Mrs. Linda Kowalski, Secretary, Board of Appeals, Southold Town Hall, Main Road, Southold, New York 11971; tel. (516) 765-1809 . Dated: December 10, 1979 . P D T D cn T S Y Southold, N.Y. 11971 HENRY E. RAYNOR. Jr., Chairman TELEPHONE FREDERICK E. GORDON 765-1938 JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. December 12, 1979 ,, Mr. Stephen J. Perricone Twin-Fork Fence Company North Road Mattituck, New York 11952 Dear .Mr. Perricone: The following action was taken by the Southold Town Planning Board at a regular meeting held December 3, 1979. RESOLVED to approve the parking plan of Night Fever Disco dated November 29, 1979 as requested by the Board of Appeals to comply with Section 100-112 of the Code of the Town of Southold. I am enclosing a signed copy of the plan. Yours truly, HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary Enclosure P D T cn T D S Southold, N.Y. 11971 HENRY E. RAYNOR, Jr., Chairman TELEPHONE FREDERICK E. GORDON 765-1938 JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. December 5, 1979 Southold Town Board of Appeals Town Hall Southold, New York 1197J, Gentlemen: The following action was taken by the Southold Town Planning Board at a regular meeting held December 3, 1979. RESOLVED to approve the parking plan of Night .'Fever Disco dated November 29, 1979 as requested by the Board of Appeals to comply with Section 100-112 of the Code of the Town of Southold. Yours truly, HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary M NYBTU Form 8041 (Rev. 1 1'^Q1 —CONTRACT OF SALE WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens in the event of fire or casualty loss before the title closing. Unless different provision is made in this contract, Section 5-1311 of the General Obligations Law will apply.One part of that law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises. DATE: CONTRACT OF SALE made as of the `'/ day of BETWEEN PENEL,OPE KOUSOUROS, ` PARTIES: Address: 900 Sound Beach Drive, Mattituck, New York 11952 hereinafter called "SELLER",who agrees to sell; and Stephen Perricone, residing at 19 Leeward Drive, Southold, New York, Arthur P. Foster, residing at Theresa Drive, Mattituck, New York and Joseph Crenshaw, residing at 310 7th Street, Greenport, New York PREMISES: Address: hereinafter called "PURCHASER" who agrees to buy the property, including all buildings and improvements thereon(the "PREMISES"),more fully described on a separate page marked "Schedule A,"and also known as: Street Address: Route 27A, North Road, Mattituck, New York Tax Map Designation: 1000, 121.00, 0500, 003.000 Together with SELLER'S interest,if any,in streets and unpaid awards as set forth in Paragraph 9. PERSONAL The sale also includes all fixtures and articles of personal property attached to or used in connection with the PREMISES, PROPERTY: T T t� `— '_u k sl_ �,�:�i fc w,insl.,ad✓rawl�l�v.1.T.S.F FA,dcsari,cl�r��B19t _--`•` f l - - - 1 '4 L L• 4 ..4 In .1 c�c�X�; fiefs �e},lfatOcfl 1Y L���ti- � Laia'a�S a] fLk u'L ft'2 �i aAa •1 L n h fl�nyl To the extent same are presently awned by the seller. PURCHASE 1. (a) The purchase price is S 100,000.00 PRICE: Payable as follows: On the signing of this contract,by check subject to collection: S 10,000.00 ¢ .X S By a Purchase Money Note and Mortgage from PURCHASER WA0§1Q9VQ to SELLER: S 76,000.00 BALANCE AT CLOSING: S 14,000.00 is sale is subject to an EXISTING MORTGAGE,the Purchase Money Note and Mortgage will also provide t will remain su to the prior lien of any EXISTING MORTGAGE even though the EXISTING MORTGA . xtended of modified in good far . e Purchase Money Note and Mortgage shall be drawn on the standard f ew York Board of Title Underwriters by the aftbi%r.X for SELLER. PURCHASER shall pay the mortgage ing tax,recording fees and the attorney's fee in the amount of S for its preparation. (c) If any required payments are made on an G MO between now and CLOSING which reduce the unpaid principal amount of an EXISTING MORTGAGF a amount shown in paragraph 2, then the balance of the price payable at CLOSING will be adjusted. SF agrees that the an shoN% in Paragraph 2 is reasonably correct and that only payments required by the G MORTGAGE will be made. (d) If there ' rtgage escrow account that is maintained for the purpose of paying taxes o ance, etc. SELLER shall a to PURCHASER,if it can be assigned. In that event PURCHASER shall pay the amount in the . , w account _LLER at CLOSING. F f. EXISTING 2. The PREMISES will be con subject to the continuing lien of`.EXISTING MORT� j g )" as follows: MORTGAGE(S): Mortgage now in the unpaid principal amount o Interest at the rate of per cent per year, presently payable in installments ,which include principal, interest, # and with any balance of principal bei and pa n i SELLER hereb that no EXISTING MORTGAGE contains any provision that permits the holder of t age to require ' mediate payment in full or to change'any other term thereof by reason of the fact of CLOSING. i ACCEPTABLE 3. All money payable under this contract unless otherwise specified,'shall be either: FUNDS: a. Cash, but not over one thousand (S1,000.00) Dollars, b. Good certified check of PURCHASER, or official check of any bank, savings bank, trust company, or savings and loan association having a banking office in the State of New York, payable to the order of SELLER, or to the order of PURCHASER and duly endorsed by PURCHASER(if an individual) to the ordef of SELLER in the presence of SELLER or SELLER'S attorney. c. Money other than the purchase price,payable to SELLER at CLOSING,may be by check of PURCHASER up to the amount of ----One Thousand -- ------FS 11000.00 )dollars, or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. "SUBJECTTO" 4.*The PREMISES are to be transferred subject to: PROVISIONS: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES,provided that they are not violated by the buildings and improvements erected on the PREMISES. b. Consents for the erection of any structures on, tinder or above any streets on which the PREMISES abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices,if any,upon any street or highway. d. Covenants and restrictions of record. TITLE S. SELLER shall give and PURCHASER shall accept such title as any reputable title canpany COMPANY , a member of The APPROVAL: New York Board of Title Underwriters will be willing to approve and insure in accordance with their standard form of title policy,subject only to the matters provided for in this contract. CLOSING 6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other under this contract, DEFINED including the payment of the purchase price to SELLER, and the delivery to PURCHASER of a Bargan & Sale AND deed With covenants deed in proper statutory form for recording so as to transfer full ownership (fee FORM OF simple title) to the PREMISES, free of all encumbrances except as herein stated. The deed will contain a covenant by DEED: SELLER as required by Section 13 of the Lien Law.- If SELLER is a corporation, it will deliver to PURCHASER at the time of CLOSING (a) a resolution of its Board of Directors authorizing the sale and delivery of the deed, and (b) a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with that section. CLOSING 7. CLOSING will take place at the office of Philip J. Ofrias, Jr. , 737 Roanoke Avenue, Riverhead, DATE AND N York - PLACE: Pad o'clock on or about December 20, 1979, but no later than December 31, 1979. BROKER: 8. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this sale ather than no STREETS 9. This sale includes all of SELLER'S ownership and rights, if any, in any land lying in the bed of any street or highway, AND opened or proposed,in front of or adjoining the PREMISES to the center line thereof. It also includes any right of SELLER ASSIGN- to any unpaid award by reason of any taking by condemnation and/or for any damage to the PREMISES by reason of MENT OF change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at CLOSING, or UNPAID thereafter, on demand, any documents which PURCHASER may require to collect the award and damages. AWARDS: MORTGAGEE'S 10. SELLER agrees r to PURCHASER at CLOSING a certificate dated not more than t ays before CERTIFICATE CLOSING signed by the holder o STING MORTGAGE, in form for rec ertifying the amount of the OR LETTER AS unpaid principal and interest, date of maturity, an r terest. TO EXISTING SELLER shall pay the fees for recording such cc ' ' the a mortgage is a bank or other institution as MORTGAGE(S): defined in Section 274=a, Real Pro ,it may,instead of the certificate, furor ualified letter dated not more than thirty (30) re CLOSING containing the same inftirmation. SELLER hereby sta n EXISTING M will not be in default at the time of CLOSING. COMPLIANCE 11. a. SELLER will comply with all notes or notices of violations of law or municipal ordinances, orders or requirements WITH STATE noted in or issued by any governmental department having authority as to lands, housing, buildings, fire,health and labor AND conditions affecting the PREMISES at the date hereof. The PREMISES shall be transferred free of them at CLOSING and MUNICIPAL SELLER shall furnish PURCHASER with any authorizations necessary to make the DEPARTMENT searches that could disclose these matters. VIOLATIONS AND ORDERS: OMITIFTHE b. ations affecting the PREMISES,incurred pursuant to the Administrative Code of the City of New Y r PROPERTY to CLOSING and p in money shall be discharged by SELLER at CLOSING.This provision shalt's OTING. IS NOT IN THE CITY _ OF NEW YORK: INSTALLMENT 12. If at the time of CLOSING the PR are affected by an assessment which is or may become payable in annual ASSESSMENT: installments, and the first in n is then a lien, or has been paid, then for the purposes of this contract all the unpaid installments shall sidered due and are to be paid by SELLER at CLOSING. .---- ----------- —----------------------- —---- —---------- —---- —_�------------- APPORTION- 13. The following are to b, ortioned as of midnight of the day before tl y of CLOSING: MEATS: (a) Rents as and when -,ted. (d) Taxes, water charges and sewer rents, on the basis of the fiscal period for which assessed. If CLOSING shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period applied to the latest assessed valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall survive CLOSING. WATER 14. If there be a water meter on the PREMISES,SELLER shall furnish a reading to a date not more than thirty days before METER CLOSING date and the unfixed meter charge and sewer rent, if any,shall be apportioned on the basis of such last reading. READINGS: ALLOWANCE 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any unpaid FOR UNPAID taxes, assessments,water charges and sewer rents,together with any interest and penalties thereon to a date not less than five TAXES,ETC.: business days after CLOSING,provided that official bills therefor computed to said date are produced at CLOSING. USE OF 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING,SELLER may PURCHASE use any portion of the balance of the purchase price to discharge it..As an alternative,SELLER may deposit money with the PRICE TO PAY title insurance company employed by PURCHASER required by it to assure its discharge, but only if the title insurance ENCUM- company will insure PURCHASER'S title clear of the matter or insure against its enforcement out of the PREMISES. Upon BRANCES: request made within a reasonable time before CLOSING, PURCHASER agrees to provide separate certified checks as requested to assist in clearing up these matters. AFFIDAVIT 17. If a title examination discloses judgments, bankruptcies or other returns against persons having names the same as or AS TO similar to that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they are not JUDGMENTS, against SELLER. BANKRUPT- CIES.: DEED 18. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State, City or County TRANSFER officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the AND deed, together with any required tax return. PURCHASER agrees to duly complete the tax return and to cause the check(s) RECORDING and the tax return to be delivered to the appropriate officer promptly after CLOSING. TAXES: PURCHASER'S 19. All money paid on account of this contract,and the reasonable expenses of examination of the title to the PREMISES LIEN: and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER. SELLER'S 20. If SELLER is unable to transfer title to PURCHASER in accordance with this contract, SELLER'S sole liability shall INABILITY be to refund all money paid on account of this contract,plus all charges made for:(i)examining the title,(ii)any appropriate TO additional searches made in accordance with this contract, and(iii) survey and survey inspection charges. Upon such refund CONVEY AND and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any further LIMITATION rights against the other. OF LIABILITY: CONDITION 21. PURCHASER has inspected the buildings on the PREMISES and the personal property included in this sale and is OF thoroughly acquainted with their condition. PURCHASER agrees to purchase them "as is" and in their present condition PROPERTY: subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING. PURCHASER shall have the right, after reasonable notice to SELLER,to inspect them before CLOSING. ENTIRE 22. All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. It AGREEMENT: completely expresses their full agreement. It has been entered into after full investigation, neither party relying upon any statements made by anyone else that are not set forth in this contract. CHANGES 23. This contract may not-be changed or cancelled except in writing. The contract shall also apply to and bind the MUST BE IN distributees,heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties hereby WRITING: authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. SINGULAR 24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may require it. Also 25. At the closing chasers shall execute and deliver to seller a y MEANS g Pam' purchase money PLURAL: bond and mortgage in the amount of $76,000.00 which shall be payable in equal monthly payments of $660.00 per month for 72 months. Each such payment shall be applied firs to interest on the unpaid principle-at 9 1/2% per annum and the balance to reduction of principle. There shall be an additional payment of principle in the mount of $4,000.00 one (1) year from closing. The entire unpaid principle and accrued interest shall be due and payable six (6) years from date of closing. The liability of the purchasers for payment of such indebtedness shall be a joint and several liability. The mortgage shall contain a provision that the entire principle shall became due and payable at the option of the holder upon the transfer of title or further i umbrance of the premises without the written consent of the holder. Said bond and mortgage I�l�ALJF,prepared by the attorney for the seller and purchasers shall pay to the attorney $150.00 for preparation of such bond and mortgage. Purchasers shall also pay all mortgage tax and recording fees associated with said mortgage. 26. 'This contract may not be assigned r by the purchasers without the written P ller consent of the seller. KOU • S ,P _ Purchaser [ll ARTHUR P. F10= Purchaser J H CREN HAW Purchaser : . STATE OF NEW YORK,COUNTY OF ss: STATE OF NEW YORK,COUNTY OF ss: On the day of 19 ,before me On the day of 19 , before me personally came personally came to me known to be the individual 'described in and who to me known to be the individual described in and who executed the foregoing instrument,and acknowledged that executed the foregoing instrument, and acknowledged that executed the same, executed the same. STATE OF NEW YORK,COUNTY OF ss: STATE OF NEW YORK,COUNTY OF ss: On the day of 19 ,before me On the day of 19 ,before me personally came personally came to me known,who, being by me duly sworn, did depose and say to me known and known�to me to be a partnez in that he resides at No. that he is the ' ' ' '' 'a partnership, "and•'katowit to me to be the person described in of and who executed the foregoing instrument in the partnership the corporation described name, and said in and which executed the foregoing instrument; that he duly acknowledged that he executed the foregoing instrument knows the seal of said corporation; that the seal affixed to said for and on behalf of said partnership. instrument is such corporate seal;that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by like order. Closing of title under the within contract is hereby adjourned to 19 at o'clock,at ;title to be closed and all adjustments to be made as of 19 Dated, 19 For value received, the within contract and all the right,.title and interest of the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 Purchaser Assignee of Purchaser (ITon#rad of 2I1E PREMISES TITLE NO. V1 Section _ Block From: Lot County or Town Street Numbered Address Recorded At Request of City Title Insurance Company RETURN BY MAIL TO: To: Zip No. City Title Insurance Company 32 Broadway New York, New York 10004 C 4 Tift Title Service Throughout the Northeast New England Nassau 176 Main Street New York City 1051 Franklin Ave. P.O. Box 677 32 Broadway Garden City, Long Island Saco, Maine 04072 New York, New York 10004 New York, New York 11530 (207)284-5948 (212) 425-3700 (516) 654-2176/747-0100 Westchester New Jersey Brooklyn 2 William Street 1180 Raymond Boulevard 153 Remsen Street White Plains, N.Y. 10601 Newark, New Jersey 07102 Brooklyn, New York 11201 (914) 946-4500 (201) 624-7800 (212) 624-5400 STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS . Rider* which may oc used with Standard NYBTU Form 8G-r,, rev. l 1/78 I SCHEDULE A (Description of Premises) All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BMINNING at a monument on the Southerly line of Sound Avenue about 180 feet westerly along said southerly line from the westerly line of Cox Neck Road, said point of beginning being the northwesterly corner of land of Sepko and the northeasterly corner of premises to be described herein and from said point of beginning; 'THENCE along the said land of Sepko south 19 degrees 52 minutes 20 seconds east 248.29 feet to land now or formerly of Reeve; THENCE along said land now or formerly of Reeve two courses as follows: (1) south 68 degrees 10 minutes 40 seconds west 176.20 feet; (2) north 21 degrees 49 minutes 20 seconds west 325 feet to said southerly line of Sound Avenue; 'THENCE along said southerly line of Sound Avenue south 89 degrees 13 minutes 40 seconds east 200 feet to the point or place of BBGINNIGN. City Title Insurance Company 32 Broadway New York, New York 10004 C"IT'wTitle Service Throughout the Northeast New England Nassau 176 Main Street New York City 1051 Franklin Ave. P.O. Box 677 32 Broadway Garden City, Long Island Saco, Maine 04072 New York, New York 10004 New York, New York 11530 (207) 284-5948 (212) 425-3700 (516) 654-2176/747-0100 ` Westchester New Jersey Brooklyn 2 William Street 1180 Raymond Boulevard 153 Remsen Street White Plains, N.Y. 10601 Newark, New Jersey 07102 Brooklyn, New York 11201 f (914) 946-4500 (201) 624-7800 (212) 624-5400 STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS oS��FQ�co : Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS RD6EFiT WG1LC15PTE'"JF#-'�R1�I RI�iI�V CHARLES GRIGONIS,JR, SERGE DOYEN,JR. TERRY TUTHILL ROBERT J.DOUGLASS , Acting Chairman September 10, 1979 Mr. Stephen J. Perricone Ms. Penelope Kousouros . 7470 Sound Avenue Mattituck, NY 11952 Re : Appeal No. 2587 Dear Mr. Perricone and Ms. Kousouros: This is to confirm that your appeal has been recessed until October 18 , 1979 at 7:30 o'clock P.M. pending receipt by this Board of the following: (1) Map with scale designating parking established for present businesses on the property as well as proposed park- ing area for the proposed business. (2) Number of occupants in fullest. capacity, and the comparison of same with the proposed parking allowance. (3) Approval of the Suffolk County Planning Commission. Map with scale is required showing distances of .subject building to all other buildings on that parcel. (4) Fire District approval. (5) Noise tolerance of building with the type of materials planned to be used on the walls, ceiling. Sincerely yours, 17 Linda Kowalski LK Secretary 'Wg K JUDITH T.TERRY TELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 August 10, 1979 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2587 application of Stephen J. Perricone for a variance. Also included are notificiation to adjoining property owners as follows: Mary Sepko, Main Bayview Road, Southold N.Y. ; Joseph Meglio, 5 Dogwood Street, Farmingdale, N.Y. 11735. udith T. Terry JTT/bn Town Clerk ` cc: file Enc./ BOARD OF APPEALS, TOWN OF SOUTHOLD r5�l . ousou.roS) ?ere'1Ope. (pw;-.er In the Matter of the Petition of I)- `6+eveJ �er��e.ov�e� C hT64 TW I" 'ForK Renc,> NOTICE _vNto the Board of Appeals of the Town of Southold : 4�"�1 �- 0.PP� LPL �1 C©�n�r�� �o Pu-O-+cts� TO: r. .t 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) (Spun) (Spe^iai�) (the following relief: 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ?q7D Sou_n4 Ave, Telwr-r-iriLc,k A/-P 1J45, IV r S our_A a0e, ��P�(e, T - n1Qg 6 It) Me-a ho 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 0-6inq clb 'AR ' © 1A 6 e. c'e,ci LJ CLA, 5. That the provisions of the Southold Town Zoning Code ap licable to the relief sought by the under- signed are: $r} V 1 i oo-1.o u s e t-" 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 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 Travel er-Matti tu c k 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: Petitioner Post Office Address PROOF OF MAILING OF NOTICE NAME ADDRESS Mar t.l Sepwo MQin vlew got. '50LAW .�05eA Me1110 bi WOOC4 sire-c+ FarrninGjQIE M. Y. r STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) << g, residin at /c130 , being duly sworn, deposes and says that on the day of , , 19 -71 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 /f'/r /i r T o G 1�r ,�/._ .�1 _ ;that said Notices were mailed to each of.said persons by (certified) (registered) mail. 1-ijin 7,4 Sworn to before me this q�'y day of -9'....c.� , 19 Notary Public JOYCE M. SKWARA NOTARY PUBLIC, State of New York No. 52-4663491 Qualified in Suffolk County Commi_sion Exrires h'.arch 30, 1980 ;'he application we ire presenting is for 2 vari- ance in order to have dancing. pie are already zoned for a bvr-restaurant establishment. Our sole purpose for this application is for the approval of Uncing, oA the premisis. We have approximately 800 signatures of persona Who wish to see the opening of a place to Ionce such Qs .we propose, Populotion Density it 15 sq. f it. per pe:eson the building with 070 sq. ft. of useable spacy will hold 118 people. 2hE)rC,' will be 66 pnrking spaces at 1 .75 people- per there will be parking f or I i 6 people. Rond Frontage- .,Jerc V.,jill i)e 110 traffic congestion upon entrance, or egress, from the property. bui.Iding qnd pHr kin?,- facilities front on e dual road with ample spoce. for Cors 10 PRSSG Wraffic Flow- Pnr1cing is deoigned so that no car will have to heck out onto the dual road! All cars will be able to drive around the buildinE in order to exit onto the road in a forward manor. Wars of-Werytion Men Disco- open to young people between the ages of 12 anad 17 only. 6ummer- �eduesdny from 6-9 P! Sundny f rom 2-7 Winter- Friday from 5-8:30 :ski StLaday from• 2-7 All alcoholic bevyrages will be removed fran the bar i.�'_'len the _,: een Disco is open. Ao alcoholic beverages will be served anyvi.ere on the presisis during t1his time, joft drinks such as soda ond fruit drinks will be available for the young people. Adult Disco- open to gentlemen aged 23 and Above ond Indies 21 nnd above. '.,_'Tiere will be a strict dress code. Only, those persons properly atived mill be allowed to enter. Doth proof of age and proper atire MI. be checked at the door, .3a,_.,imer hours- every day of the wook from S-PH to AM excc-�jj,c - -i those nights when the en te disco extenas past M. Unter hours- lednesday, Vhuraday, grid ay and daturdny- 'from G PN to 4 AA except an those niChts. ,.�ie.i-i the toon disco extends beyond QPQ Hoise- Directional Jpenkevs will bot-2rui the saand doifq toward the donce floor and toward the rear of t1ic, building, One sozi�ad system is being desiUned by a disco sound Oesir.,:n :,-tudio. There will be no noise escaping from the building due to proper of the oystow and phoper insulation and venting of Ue building. Siere will 'be a double door on the entvance to the building. Me nearest neinybor is f of a mile y t o .Vie weot 0 All other kouses Rre further. We III.TIC), SM.1,11ounded by fields and treek sinterign- no glas'sas or bbtlbu will be aliowed. ou't of the buildino. Where are - strict .Alcoholic Aeverane Oommission laws in regard to this and they will be Strictly enforced! ' insulation �a.r 'I(.}i se Control -40 Dance floor area, where a2.1rs c will be concentrated by directional speakers, West wall will bo of hardwood with 3" of. blown in cellulose compacted insulation from jo above dance floor to coiling, rest of all will be ..0 cement block. North Vh wall will l be 3/51 k7hee trool .t.'ron lic;?nt,e floor o ceilinc covered with pirror from floor to hei�-,:ht with Su of blown in compacted cellulose insulation from. 31 Move dance flopr to ceiling the rest of the wall ' . be A cement block, East wall a l the r rmE as West wall with remainder of y).e'%d wood :'oVerx.i g E"1.n *,,,"L',ii f'G CC-,:f.lin ' of club will be 3,/3" shec i:rock c..'t1d 4:)i' of .b u'L7..«.g :1.4 ulai,7 on ws++_-th "'4ijo roof vents in .'bh .', !;;(." e. aadt wall will hc"!`i1'e direct- ional intake 'ti't:nts to circulate aim for cooling 43J+u`vem. This system will Uork extremely e ff c ent due, GO ';lae constant cool 'GG'mpC;ri:.'Gu'_e :32.7rroundi_2;_' the bu3.lG.J.n! i ;ausC by ()'Don moist fields and will eliTiii''1-",le any noise escaping, inside the club 300 of the floors ,,ill be carpeted,ed, All l(3't?nge areas will be of wood and elevated with couches and love uC;a`Gs chairs and tables C,ii li indirect �?t'�'t;'!3?� �.1:i''d covered t',F1 r'1 carpeting. Me bar :'TAll be 107 x I c 4 � four r 7'a dC)t.q Lions G:L'uc t ed of '"Tod . ' with 71 coiling and bal6oney above as bar area, all .10—jc. -1 ir , o as residents ani businessmen in Aattituck would never tolerate any publio 'dis-burbances such as the ones thnt were suggested at the last meeting. Above all it is a NO that the Vown, St ate and Alcoholic 3ovcrn-q,,e (,'oTr:3is,,,,,ion jaws are very stringent when it comes to what is considered proper management and customer behavior in an establishment t1nat sei-v-es;, alcoholic beverages. do in no way nre going to tolerate any abuse of the law. Also we are hot going into businessq investing a lot of money and time only to flirt with -the possibility of beinZ put out of business by Me, authorities. We are looking forward to opening asophisticated establisbnent of beauty and enjoyment th,,--ttt will be an asset -to the canviunity ra-tner th,,�xi a, li,.-ibility. The reasonable level of sound was measured with a sound level - meter (DB meter) with a stereo unit turned up to 115 DB ' s (meas- ured l ' from speaker) in the empty area of the building fronting on the road. It should be noted that 98-110 DB is typical in a Disco at this distance. This part of the building has 7-5 ' x 8 ' picture windows in place at this time. These will be removed and replaced by materials described in our proposal under insulation for noise control . At this time there is no insulation on these walls at all. Noise Level Inside Building 20 ' from speaker 80 DB, which is level of loud orchestra 40' from speaker 60 DB, which is level of background music Noise Level outside Building With DB meter touching the outside of the windows in all direc- tions reading was 74 DB, the average light factory noise level. 10' away from glass 62 DB, level of background music 20 ' away from glass no reading on meter. Which means it was below 50 DB ' s which is average resonance of outside noise caused by wind. w We also took typical readings from the dual highway, a trailer truck - 98 DB, a level recorded inside.,pick up truck - 84DB, Car - 76 DB. Regular traffic 100 yards away from meter was 65 DB. . ELa typical sound levels were extracted from the U.S . Dept . ofbor noise regulations. ` Sunday at the Lions Club Cocktail Party held at the Coach Stoppe these readings were recorded: Live band at 10 ' 104 DB. Bar conversation with band not playing at 88 DB. Outside level. 55 DB (normal background noise level) . r= G; In conclusion, based on these readings of noise absorbtion, that windows will not be open, double door entry. Better insulation construction, and the large distance to any residence, nuisance noise will not be a problem. Typical highway traffic produces a V higher noise level. r A• ah ,�'�' '`� ����i,',II� �!�I II�'��I� r I,�:i��Vl,iu�,;�,, u �i'lI'i,,..II II !� '' � � �. _ ,�, �- If ... � l� - -, rt �.,,, � .�,. - _ --� _ _. ' � ��" "? ��� _ ��� � 6 .. �. , } 1� �� STEPHEN J. PERRICONE AND PENELOPE KOUSOUROS MATTITUCK PROPERTY (Disco Bar) .ipproved, the following are the conditions set by this Board: ),Construction and operation of Disco shall be by owner (gEte�t Exhibit #1 a11/15/79) and made part of appeal records. There shall be a barrier area constructed to stop any possible backing out onto Highway Road 27. All parking areas shall be properly -surfaced with black top. All grounds shall- be sufficiently lighted for safety and proper surveillance. However, all lighting must be installed as to not interfere with future neighbors: Ventilation of building shall be such as to all doors to outside.-to remain- closed at all times of operation, winter and summer, so as to control escape of sounds to outside of building. Building shall have fire sprinkler system installed that meets with the requirements of the New York State Code or greater. There shall be at least two periods per week for teenagers as per exhibit #1 submitted by owner with strict and proper chaperoning. Mattituck Fire Chief ' s recommendations shall become a part of this Variance. Disco area shall be properly separated from machinery area in rear by a fence as proposed on plans submitted by owner.. 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J� ��•.` •Cx � �mart�.c�-t,�t-�-�, h - �e ONAUTHORIZED ALTERATION OR ADDIiIOvA• 10 THIS SURVEY IS A VIOLATION Of SECTION 7ZG9 OF THE'NEW YORK STATE IDUCAT10 LAW. ; 'COPIES OF.THIS SURVEY.MAP,NOT.EEARING tiE LAND'SU9VEYOR'S tNRED SEAL OR EMYOSSED-SEAL SHALL NOT BE CONSIDERED j ' r,jtwt s TO EE A VALID TFUE COPY: i +�attgYub•i"���.1 :tom ��� �NGty�s M���� F �. f;f• r GUARANTEES-INDICATED,iL•RLGN SHALL RUN ' • ONLY TO THE PE;SON FOR YlfEU`M THE SURVEY,, : IS•►RE►ARED, AND O; -M BEHALF EO THE TITLE COMFANY, GOWMMENiAL-AG:NCY ANO �,y �;.$�J� ��,ar ihm i4 A � LENDING"INSTITUTION LISTED Ft_R:ON,�AND . , ��', `, �r y, $ s �• 5 �� TO,THE ASSIGNEES CF.THE LENDI"NGA14511 j;;` 1 ��tf 8�''�M} �IuM :i i� •T. � rfk F 15ti1! { :',•TU•TION..GUARANTEES ARE NOl TkANSFIRAELE TO ADDITI6NAL'INSTIfi1TiON5 OIL: u"EAUETIf ... - f ! a � �• , �3f N KL,\' '�C E'_.'�'.�.�� .►I!'rMRa� .� �Y1 ��.���1 ..a y .. , n .Y, r,)..Y.Te "•'T+Y'y:C 1!dS`-1��4.,. �{Q•�rE�Mi+�l7 i;•'Q f�,��r ,.y .n r.,,d�j>�_<. UNAUTHORIZED ALTERATION OR ADDITLCA + -TO THIS SURVEY IS A VIOLATION OF j S(CTION 7209 OF THE NEW YORK STATL I EDUCATION LAW COPIES OF THIS SURVEY MAP NOT BEARINti O . Y4 P ' TO 4-C-061fA -' Y ��� aTIO HE LAND SUVEYRN SEAL 0? .EMBOSSED SEAL SHALL NOT BE CONSIDERED j >� USE ,/ •jO BE A VALID TRUE COPY i � Fve V SE V 4C?I.QIVCfF ,OiUARANTEES WDiCATED N;:R=O" SHALL RUM - ___. -_•-y'. _ (1?at?E lrr.JQ (ONLY TO THE 0-.'.50';F^R THi 4 r Ai.D 0- His G i LF 10 in° IS PREPARED, A AS. CY-AFyD �+/.�-(J�/—/J�._/ _--- TITLE COMPANY, .V is Q ,• ' " j• `� o�f'4,. LENDING INSTiTUT.01: LST..� TO THE AS54G:dEES OF'iiC: U:Ui:CG IIv57!- TUTIO;I_GUAkAi•;TEES A.._ .• A, _ n/f�T�•.':'•('�'�! er+� TO ADDITIONAL:P+S�1'iur(��5 OR SU85c OPJf�" K l �_'o,` Jn j c• i c Vt�.. '1WNF,RS. �� - + A �� .. ,� .�`4✓-ili� t f bw V lJi= ti,Jo'...J•l i-icx-o / .{i � �'• � ICJ{ 'r "`- '��� � `� ,ca to . 2co =1., aw j. .�'_ l�. Uj '�+ - �� N �� +�,• ��. i `^.,cl. fI` At eQ• �J �fl Y�CCI .\�..-l .S,. F�IGT P': cxcep+ cts f+'tdectr �; zb pok t D f ' i Licensed La"d S(irvevors 1 - s 248 -?-9 4 zy I.Sr co FENCE `i D�j 0 100.0 U/ 3j 60 59 59 57 56 55 5Y s3 Sm FEN C G sn RA G _ AREA I �/ `l9 Y8 y7 y6 "� yy `�3 � � i • ,.. ay ( 4' � ram' 4.md •�"� wE'b..v.vx..lt _...Wv.r+.auwt'.n.°"°r'1A .M.yl tlnfm++'.. .w•..>w++ •- a a a ,�.,,.. tom.. -.. .,e .- ..- ^/ � .., L 1 r = M1 r LINE �Q !13^ MATCH FOR PARCEL NO. tn� F sr SEE SEC. N0.113 1.4A ,ea 4*1 ?50.IA (c) SOON ks oc. too 4,4%. 1.3A(c) 5 e �I % 1 2 1 4 0�4� 13.2 A "_ 8.5 A(c) !,4 LIA.' \ 8 \ 27.2 A(c) SQ*, soo S'Cy O \ J 9 ms. `SCH 9 \ h! Q v - 64.6A(c) ' T 1p `so soya roe 19 �r 10 14 r), m � *` 7.4 A(e) ,` .! P : 17 I BJ o eo gCH fir ` n o . Cam' 12.2- 16 o a- 26 p 1 i2T � a 100. b+o •� ie• i .O' j+ 1.5 A(c) zs' 22 29.2A(c) 23 sr wd 0) °J- TOWN OF SOUTHOLO ,ew 24 25 i'_ - ' fir• `Q• / -ti. •6� (UNDERWATER LAND) LAUREL LAKE s '` �° C I ! —� ' LADIES 'J r _. n • i I T DRES TBL.; l' - -. ELEV. 3' MEWS pF-F! . r j axle I i i $ r- z i H Q' kO ( T ) GFFIC: OFFICE I2X 12 12X12 33 x LIO / STORAGE r +5 BAR Cl BX6' � �` i 5 — ' 16 - ELEV. 18 f i �/ O - CT) ! I f-- �(--- 10' -----}I ELEV. 18 � SriC ;ti, F"M. ; \ I ZI X fill i � I `T I T I c L DANCE FLOOR 15 i 15 X 50, 1 1 IF WINDOV/S I r i SCALE A/ '� REVISIONS DV DATE 8 DATE DR'N CKD AP'VO TITLE NO - 1. t • IL IF p� - - ~<�r°°•..,�`' ���r' r •r "may,/ ','�-.i+ j� '• - at���''.� ��i _ '' / �� � - "_ .,. .:a,�,;'�•" . - 'ICE K __ B,;v ` .. r' ...o..cw•:f"�tv,.-.�=.,/ -..art ` ' SCALE REVISIONS BV DATE DATE 0 DR'N CKD ' 0 � AP'VD Z TITLE NO. Z Q' m . J . / I / PARKING / FENCE 176.2Q 57pRi}► � cis PARKING i SOUND AVE. \ SHRUBS. ti i i CLVB PAR KI"ham �. { 2 If 8. 2 9 r,. f - SCALE ,(� REVISIONS BY DATE DATE ' OWN CKD `. 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