HomeMy WebLinkAbout3959
APPEALS BOARD MEMBERS ., ;�j "' :' _T. SCOTT L.HARRIS
Supervisor
Gerard P.Goehringer,Chairman
Charles Grigonis,Jr. Town Hall,53095 Main Road
Serge Doyen,Jr. P.O.Box 1179
James Dinizio,Jr. a~
Robert A.Villa _ >, :,;;;a' ,; Southold,New York 11971
�. ' Fax(516)765-1823
Telephone(516)765-1809 ."' Telephone(516)765-1800
BOARD OF APPEALS _
TOWN O)'SOUTHOLD
ACTION OF THE BOARD OF APPEALS
Appl. No. 3959-SE (as AMENDED by January 10, 1991 letter from
the applicants' attorney) .
Application of JOSEPH AND BETTY HARDY for a Special
Exception to the Zoning Ordinance as authorized by Article XXIX,
Section 100-91B( 2) to grant approval for a multiple dwelling.
Location of Property: 13500 Main Road, Mattituck, NY; County
Tax Map No. 1000-114-11-5. Zoning District: Hamlet-Business
(HB) .
WHEREAS, a public hearing was held on August 15, 1991, and
at said hearing, all those who desired to be heard were heard
and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. By this application, applicants request a Special
Exception for conversion of the existing dwelling structure to a
two-family dwelling use (from single-family status) , located' in
the "two sty fr. house!' depicted on the survey prepared by_ "
Peconic Surveyors & Engineers, P.C. dated July 29, 1988.
2. The premises in question is located along the south
side of the Main Road (State Route 25) in the Hamlet of
Mattituck, Town of Southold, and is identified on the Suffolk
County Tax Maps as District .1000, Section 114, Block 11, Lot 5.
3 . The subject premises is improved with the following
structures:
. (a) one-story concrete block building with retail
occupancies by three tenants (pizza parlor, personal service,
and office area for Hardy Plumbing & Heating) . This building
preexists zoning and has nonconforming setbacks in the front and
side yards;
Page 2 - Appl. No. 3959-SE
Matter of JOSEPH AND BETTY HARDY
Decision Rendered September 12, 1991
(b) accessory 20. 4 ft. by 30. 3 ft. garage/storage
structure, located in the rear yard area, which was renovated in
or about 1988, without permits and proper approvals, to a
pet-grooming (personal service)l use and shortly thereafter
converted, again without town permits and all proper approvals,
into a dwelling;
(c) two-story frame .house, which is connected to the
front business building by a deck.
4. It is noted that the front building and two-story frame
house structure (now attached to the front building by a deck)
was on April 10, 1980 issued a Preexisting Certificate of
Occupancy ( #Z9919) showing both structures and land to be used
for single-family dwelling use and two retail occupant uses,
respectively, which are shown to have been existing prior to the
enactment of zoning in April 23, 1957.
5. The parcel is nonconforming in total lot area for the
multiple (mixed) uses in this nonresidential zone district, as
well as substandard parking and screening. The nonconformi-
ties for the total lot area are appropriated as follows for
clarification:
(a) the total lot area of this parcel is 21,906 sq.
ft. , of which one of four units may be authorized or in
conformity, to wit: 20,000 sq. ft. per dwelling unit or per
nonresidential unit:
(b) since more than one unit has existed, that is,
one established single-family dwelling at 20,000 sq. ft. without
community water or sewer and three ( 3) business and/or office
units at 20,000 sq. ft. minimum per unit; the total required
for these four occupancies are 80,000 sq. ft. of lot area. (See
"Density and Minimum Lot Size Schedule for Nonresidential
Districts" ) ;
(c) the total area required for four legally
established occupied units, plus this single dwelling unit {five
units total} is 100, 000 sq. ft. ( 20,000 sq. ft. x 5 units) ;
(d) the increase in the degree of nonconformance is
20,000 sq. ft. over the existing legally established
nonconformities of area and density (the sixth unit for the
accessory dwelling/cottage structure in the rear would further
increase the nonconformity) . The accessory building in the rear
may be permitted only as an accessory building and may be used .
only customarily incidental and subordinate to the main use on
this lot; and not as a dwelling unit with cooking or
housekeeping facilities. (For the record, it is noted that by
separate application, also this date, this Board denied the area
and use variance requested for conversion from an accessory
Page 3 - Appl. No. 3959-SE
Matter of JOSEPH AND BETTY HARDY
. Decision Rendered September 12, 1991
storage/garage structure to a sixth principal unit (for dwelling
occupancy) .
6. Article XXIX, Section 100-91(B2) of the Zoning Code
authorizes by Special Exception approval from this Board and
site ,plan approval from the Planning Board the following:
. . .B. . . 2. Multiple dwellings and townhouses.
7 . Article XXIX, Section 100-92, Bulk, area and parking
regulations permits such use only when the same conforms to the
Bulk Schedule and Parking and Loading Schedules (of the Zoning
Code) with the same force and effect as if such regulations were
set forth herein in full, and in this Hamlet-Business (HB) Zone
District, a minimum of 20,000 sq. ft. is required per dwelling
unit and per business or office unit. The total uses, together
with this Special Exception for a second unit over the existing
dwelling unit, amounts to five, inclusive of one existing
retail; one existing business; one existing office; one existing
dwelling; for five total units or 100,000 sq. ft. ( 20, 000 sq.
ft. x 5 units) . Simultaneously herewith, this Board has
granted alternative relief for this second dwelling unit in the
two-story dwelling structure, in an area variance application
made by the applicants. The alternative relief limits the
amount of the variance approval up to 20,000 sq. ft. in order to
authorize this single dwelling unit. (The relief requested by
the applicants was for two additional units, and the relief as
requested was denied by the Board. )
8_. In considering this application, the Board also finds
and determines: (1) the proposed use will not prevent the
orderly and reasonable use of adjacent properties or of
properties in adjacent use districts; ( 2) the use will not
adversely affect the safety, welfare, comfort, convenience, or
order of the Town; ( 3 ) the use is in harmony with and will
promote the general purposes and intent of zoning. The Board
has also considered subsections (A) through (P) of Article XXVI,
Section 100-264 of the Zoning Code.
Accordingly, on motion by Mr. Villa, seconded by
Mr. Dinizio, it was
RESOLVED, to GRANT a Special Exception, authorizing the
addition of a second dwelling unit in the existing two-story
frame house, (commonly referred to as a "two-family dwelling")
in this Hamlet-Business (HB) Zone District, and subject to the
following CONDITIONS:
1 . Compliance with the following zoning code
requirements:
Page 4 - Appl. No. 3959-SE
Matter of JOSEPH AND BETTY HARDY
Decision Rendered September 12, 1991
(a) Site Plan approval by the Southold Town Planning
Board, which Board may require more stringent parking
requirements than the conditions stipulated below concerning the
Special Exception;
(b) accessory structure must revert back to an
accessory use with removal of all cooking and housekeeping
plumbing facilities {electrical utilities for lighting purposes
will be permitted to remain} ;
(c) accessory structure shall not be permitted for
office use or any business or separate rental/profitable use,
and shall be permitted for garage and/or dead storage purposes
only;
2. Two parallel parking spaces to be painted in front of
the retail business building for vehicles traveling in an
easterly direction (to park facing the east) ;
3 . A printed sign to be placed at the front of the
business building directing all vehicles to "PARK IN THE REAR. "
4. Before issuance of a Certificate of Occupancy or other
documentation, acceptance and final inspection concerning the
above conditions shall be made by the Board of Appeals, or
member thereof .
Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and
Villa. (Absent were Members Doyen and Grigonis. ) This
resolution was duly adopted.
* *.�
lk
7vrU�-��
GERARD P. GOEHRI GER, CHA�7AN
a
PLAN1vING BOARD MEMBERS �-� � S�FFO(�
�� COG Town Hall, 53095 Main Road
RICHARD G.WARD `Z®
r �w-e- P.O. Box 1179
Southold, New York 11971
GEORGE RITCHIE LATHAM,JR. W =
BENNETT ORLOWSKI,'JR.
WILLIAM J. CREMERSCree�ptlJo_ne(5 65_16.)`-7� -'938
KENNETH L.EDWARDS
� LJOR 1 -I 199T
PLANNING BOARD OFFICE -
TOWN OF SOUTHOLD
March 11, 1997
Joseph and Betty Hardy
Hardy Plumbing and Heating
1654 North Highway
Southampton, NY 11968
Re: . Revocation of waiver and request for completed site plan for
Joseph and Betty Hardy
Main Road, Mattituck
Zoning District: Hamlet Business (HB)
SCTM# 1000-114-11-5
Dear Mr. and Mrs. Hardy:
The following resolution was adopted by the Southold Town Planning Board at a
meeting held on Monday, March 10, 1997:
WHEREAS, the Southold Town Planning Board granted a waiver of site plan
requirements to Angelo Toscano, owner of Mattituck Pizza, tenant of Joseph and
Betty Hardy, for an expansion of restaurant dining area, on February 6, 1996; and
WHEREAS, the conditions of this waiver were: Installation of rear parking area,
placement of two information signs directing customers to the rear parking area
and the provision for a rear entrance for customer access to the restaurant; and
WHEREAS, the two information signs directing customers to the rear parking area
have not been placed; and
WHEREAS, the rear customer entrance has not been properly lighted and cleared
of debris and is not used by the public due to the poor conditions existing at this
location; be it therefore
Page 2
Joseph & Betty Hardy
March 11, 1997
RESOLVED, to withdraw the waiver of the site plan; and be it further resolved that
WHEREAS, the Planning Board is the body charged by law with requiring, reviewing
and approving site plans; and
WHEREAS, Article XXV, Section 250 of the Southold Town Zoning Code grants the
Planning Board the authority to require site plan approval when there is any
change of use or intensity of use which will affect the characteristics of the site in
terms of parking, access, drainage, open space or utilities; and
WHEREAS, a site plan application was requested by the Planning Board and a site
plan was filed on June 23, 1988 by Hardy Plumbing for additional on site parking,
transition buffer, signs and other site plan elements; and
WHEREAS, this application has not been diligently pursued for the past seven years.
The Planning Board has written nine letters requesting that the site plan be
completed, and to date has not received a response; and
WHEREAS, that the original reasons for requesting a site plan such as parking
calculations and paved parking behind rear storage building, landscaped buffer
area between the Hamlet Business zone and the Residential zone to the south,
signs showing customer parking in the rear including a handicapped parking
space still exist; and
WHEREAS, due to the passage of time and change of use at the site, the 1988 site
plan application is rejected as untimely, null and void; be it therefore
RESOLVED, that a new site plan is required for the commercial uses at this site.
Enclosed is a site plan application. If we do not receive a completed site plan by
April 7, 1997, we will be forced to issue violations.
Please contact this office if you have any questions regarding the above.
Sincerely,
y^,
Bennett Orlowski, Jr.
Chairman
enc.
cc: Laury Dowd,Town Attorney
Edward Forrester,Town Investigator
Gary Fish, Building Inspector
Gerard P. Goehringer, Chairman, Board of Appeals
Alice Hussie, Councilwoman
Angelo Toscano, Mattituck Pizza
1
J
§ 100-91 ZONING § 1(.)0-91
(B. Uses permitted by special exception by the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals as hereinafter provided. subject to site plan
approval by the Planning Board:
.(1) Any special exception use set forth in and as regulated by
§ 100-31B(3) to (6) and (14) and (15) of the Agricultural
Conservation District.
(2) Multiple dwellings and townhouses.
(3) Motel and hotel uses as set forth in and regulated by
§ 100-61B(4) of the Resort Residential (RR) District,
except that minimum lot size shall be three (3) acres.
[Amended 7-31-1990 by Ord. No. 16-19901
(4) [Amended 12-12-89 by L.L. No. 23-1989] Apartments
may be permitted over retail stores and business,
professional and governmental offices, subject to the
following requirements:
(a) The explicit written approval of the Town Fire _
Prevention Inspector shall be obtained for the
design, location, access and other safety-related
elements of every such apartment. No apartment
shall be permitted over filling stations,- stores
retailing flammable or fume-producing goods,
restaurants or other businesses with kitchens or
other facilities producing intense heat or any other
establishment which the Fire Prevention Inspector
determines to pose a greater-than-average built-in
fire risk. -_-
.
(b) The habitable floor area of each apartment shall be
at least four hundred fifty (450) square feet, but in
no case more than seven hundred fifty (750) square
feet. The apartment shall not be located on the first
floor of the building, and the apartment shall
contain all services for safe and convenient habita-
tion, meeting the New York State Uniform Fire
Prevention and Building Code and the Sanitary
Code.
10077 9.25-90
ti
1
§ 100-91 SOUTHOLD CODE § 100-91
(c) There shall be no more than three (3) apartments
created or maintained in any single building.
(d) Each apartment, or common hallway servicing two
(2) or three (3) apartments, shall have a separate
access to the outside of the building, which must be
distinct from the access to uses on the first floor.
(e) Each apartment shall have at least one(1)on-site off-
- street parking space meeting the standards of this
chapter, conveniently located for access to the
apartment.
(f) Only the owner of the building in which it is
proposed to locate the apartment(s) may apply for
this special permit. The Board of Appeals shall
require that such applicant execute such agree-
ments, contracts, easements,covenants,deed restric-
tions or other legal instruments running in favor of
the town as, upon. recommendation of the Town
Attorney, the Board shall determine to be necessary
to ensure that:
[11 The apartment, or any proprietary or other
interest therein,will not be sold to the tenant or
any other party, except as part of a sale of the
entire building in which the apartment is
located.
[21 The apartment is made available for year-
round rental.
[31 The apartment is properly constructed, main-
C�
tained and used, and unapproved uses are C ;
excluded therefrom.
[41 Any other condition deemed reasonable and
necessary to ensure the immediate and long-
term success of the apartment in helping to
meet identified housing needs in the community
is complied with.
10078
9-25-90Mi 4 M- 4.
`
t .
Town of Southold
Density and Minimum Lot Size Schedule for Nonresidential Districts,
[Added 1-10.89 by L 1-19891
I.IO
LB IIB B light Industrial 1.1
Limit.Yl 1 General M-1 M-I1 Park/1'lannwl Light
District Business usmess Business Marine 1 Marine 11 Office Park Industrial
MINIMUM LOT SIZE(square feetk
Business,office,industrial or other nonresidential use
Use with or without utilities 80,000 20,000 10,000 40,0()0 80,000 120.000 40,000
1-family detached dwelling
Residential unit without utilities 80,000(iii) 20,000(vii) NA 40,000 40,000(vii) NA NA
Residential unit with community water NA 20,000(vii) NA 20,000 20.000(vii) NA NA
Residential unit with community water and sewer NA 10,000(xi) NA 10.000 10.000(xi) NA NA
2-family detached dwelling
2-family dwelling without utilities 160,000 40,000(ii) NA NA NA NA NA
(xii)
2-family dwelling with community water NA 40,000(ii) NA NA NA NA NA
2-family dwelling with community water and sewer NA 20,000(vii) NA NA NA NA NA
Multiple dwelling unit or townhouse'•P
Multiple dwelling or townhouse without utilities NA 520,000 NA NA NA NA NA
Multiple dwelling or townhouse with community water NA 20,000 NA NA NA NA NA
Multiple dwelling or townhouse with community water and sewer NA 10,000 NA NA NA NA NA
Motel,hotel or conference center guest unit'
Guest unit without utilities NA 61000 6,000 NA 6,000 6,000 6.000
Guest unit with community water NA 6.000 6,000 NA 6,000 6,000 6,000
Guest unit with community water and sewer NA 4,000 4,000 NA 4,0003 6,000 4,000
KEY:
NA=Not applicable.
NOTES:
man numerals refer to the applicable column in the Residential Bulk Schedule.
x or multiple dwelling,hotel,motel and/or conference uses(where permitted),this table refers to minimum lot size per unit.Refer to the Residential Bulk Schedule for total lot size,
d and setback dimensions for the applicable district,unless more-restrictive requirements are indicated in the text of the chapter.
7[Amended 8-1-89 by LL No.14-1989]
10-25-89
=J
PLANNING BOARD MEMBERS SCOTT L. HARRIS
Supervisor
Bennett Orlowski, Jr., Chairman ,' '';4 t '`�
r �-
George Ritchie Latham, Jr.
Richard G. Warder-,1� "'a Lr Town Hall, 53095 Main Road
Mark S. McDonald ��` P.O. Box 1 179
Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971
Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823
January 21, 1992
Mr. and Mrs. Joseph Hardy FtEJAN 192 11 11
132 Fish Cove Road
Southampton, New York 11968 r�
A
Re: Proposed Site Plan for
Hardy Plumbing & Heating
S/S/o SR 25 opposite
Wickham Avenue, Mattituck,
SCTM * 1000-114-11-05
Dear Mr. and Mrs. Hardy:
This office has not received a response to its December 10,
1991 letter, a copy of which is enclosed for your convenience.
If you need assistance in determining how to proceed or if
you have any questions, Valerie Scopaz, Town Planner, will be
able to assist you.
Sincerely,
Bennett` Orlowski, Jr.
Chairman
. Enc.
cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals
Victor Lessard, Principal Building Inspector
' a
r ry miffl�t,�n •:a
PLANNING BOARD MEMBERS f 'i. SCOTT L. HARRIS 4=
Bennett Orlowski, Jr., Chairman ,, �•-�%� � Supervisor
George Ritchie Latham, Jr. .� v
Richard G. Ward ?r,•., '� Town Hall, 53095 Main Road
Mark S. McDonald `Yr P.O. Box 1 179
Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971
Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823
December 10, 1991 7-,
P. Edward Reale' .qEs Twomey, Latham, Shea & Kelley2 ;33 West Second Street P.O.Box 398
Riverhead, New York 11901
1�1
Re: Proposed Site Plan for
Joseph & Betty Hardy
S/S/o SR 25 opposite
Wickham Avenue, Mattituck,
SCTM # 1000-114-11-05
Dear Mr. Reale:
At its public meeting on December 9, 1991, the Planning
Board adopted the following resolution.
BE IT RESOLVED that the Planning Board takes Lead Agent.
BE IT FURTHER RESOLVED That the Planning Board finds that
it is unable to make a determination of significance because of
additional information that has been brought to the. Planning
Board' s attention during the coordinated review: to wit,
1. The site plan shows the use of the accessory garage as
an apartment, which use has been denied by the Zoning
Board in the last appeal before it. The site plan must
be revised to show a proposed use other than an
apartment.
i
2. A variance is needed for the proposed structure.
The proposed storage building has insufficient side
yard setback for either an accessory or a principal
building in this zone.
The Planning Board hereby requests ,,that the applicant
provide a corrected site plan and sufficient information
for this Board to complete the environmental review.
Please submit eight copies of the revised site plan and any
additional information that may be applicable to this office.
If there are any questions, Valerie Scopaz, Town Planner,
will be able to assist you.
Sincerely,
Bennett Orlowski, Jr.
Chairman
Enc.
cc: Coordinating Agencies:
Gerard P. Goehringer, Chairman, zoning Board of Appeals
Victor Lessard, Principal Building Inspector
JudithT. Terry, Town Clerk
Vito Minei, Suffolk County -Department of Health Services
. Commissioner Jorling, NYS Dept. of Environmental
Conservation
John Falotico, NYS Dept. of Transportation
Applicant
D , D r
[� I JAN 2 2 11992
ILI
- i
Gerard P. Goehrinaer,Chairman Y. Supervisor
•= s Charles Grigonis,Jr.
p;. to_;iY.i
Serge Doyen,Jr. tit �� 4 w . -. -own Hall,53095 Main Road
J ' P.O.Box 1179
James Dinizio,Jr.
Robert A.Villa Southold,New York 11971
Fax(516)765-1823
Telephone(516)765-1809 `� r Telephone(516)765-1800
BOARD OF APPEALS 0
TOWN OF SOUTHOLD D
JA N 2 2 1 7W,
INTER-DEPARTMENTAL MEMORANDUM
TO: Bennett Orlowski, Jr. , Chairman a u S)
Southold Town Planning Board
FROM: Jerry Goehringer
SOLIT14 fOYVN
DATE: November 18, 19 91 PLANNING BOARD
SUBJECT: Your Informal Inquiries Received November 1, 1991
Project Reference: Hardy Plumbing & Heating
SCTM *1000-114-11-5 at -Main Road, Mattituck
Zone District: Hamlet Business
(NOTE: This response shall be used in the Matter of Joseph and
Betty Hardy at Mattituck, only. Parcel ID. 41000-114-11-5. )
Your inquiries concerning the above project have been received.
Since its submission, Mrs. Hardy was again today referred to the
Appeals Office by both the Building Inspector (Curt Horton) and
Planning Board Office (Valerie Scopaz) .
Mrs. Hardy has not been able to receive answers to the following
questions: (a) - does she need a building permit to make
interior alterations for a proposed third tenant as a Boutique
Shop? (b) does she need a Certificate of Occupancy for each
new tenant of the front building if the occupancy or use "
changes?
Both her questions and yours will hopefully be answered on the
following pages, taking into account the following notations:
1. The proposed building as shown. on the August 4, 1989 plan
on. file with the Planning Board and pending at this time (as
prepared by Peconic Surveyors & Engineers, P.C. ) was deleted
from the Z.B.A. plans as authorized by Mr. Rdale, attorney for
Mr. and -Mrs. Hardy, and therefore' was withdrawn from
consideration. ,
2. The maps before you are not appropriate for processing
since they do not show the uses as recently approved and
h' 1
t; Page 2 - Novel ?r 1, 1991
To: Planning Bo,-.-. 1 N.
Re: Hardy Project at Mattituck'"'"
Zone District: HB
modified by the ZBA. The area shown for retail occupancies do
_-+;';not appear to be incorrect, and the store dimensions and front
'buildingsetbacks are believed to be preexisting of zoning.
3 . Also to our knowledge, the nonconforming use of the front
yard area for parking is also preexisting of the zoning code.
4. The size of this parcel is 21,906 sq. ft. The square
footage of the front building has not structurally changed, and
is, to our knowledge, validly preexisting. The tenants and
occupants of the internal portions of the building have changed
several times over the last 35 years (i.e. retail stores,
luncheonette, pizzaria, personal service shop, business office,
and others uses permitted under the code at that time) .
With reference to question #1 of your memorandum:
1„ It is apparent that the proposed building
does not meet the setback requirements of the Code
(accessory or principal) . Therefore the site
plan should either be revised to- delete this
storage building from consideration by the Planning
Board, or be held in abeyance until such time as the
appeal process begins (i.e. , the Building
Inspector should issue a Notice of Disapproval - a
copy of the building permit application was filed
with the. Building Department on April 4, 1989; copy
attached for reference) . Each department should
require as part of their files a construction .diagram
to determine conformity with height provisions of
the Code. Since a variance is needed for setbacks,
we will request this information at the, time of
filing of the variance, if you prefer. Other
questions concerning its use, as it relates to the
accessory or principal use provisions, should also be
`asked. (The building permit and site plan applica-
cations should be revised to include these questions. )
2 . Today Mrs. Hardy delivered to the Building Department
an application for a building permit (copy attached)
for minor interior changes to the center store. The
ZBA does not believe it would be appropriate for any
department (other than the Building Department)
determine whether or not a building permit is required
for minor interior alterations within a building.
This is within the purview of .the Building
Inspector. We have in the past understood that
permits were required in the past for placements of
counters and the like for safety reasons under the NYS
Construction Code. A new Certificate of
Occupancy should also be required for each new
tenant/occupant.
'1 Page 3 - November ] 1 a91 }
To: Planning Board lL
Re: Hardy Project at Mattituck
Zone District: HB j
i LL ii V
i
This would help to assure not only the town but also
the occupants of compliance and limitations under the
NYS Construction Code and other applicable rules and
regulations at the time of new tenancy. The issuance
of a Certificate of Occupancy for a change of tenancy
may not, in our opinion, be disapproved unless there
were an increase or expansion of the commercial areas
(The Pre-C.O. issued April 10, 1980 indicated that
there were retail stores in the front commercial
building. It also made reference to the number "two,"
which was for two tenants or occupants within the same
building complex. The actual floor area of the
stores have not increased since 1957 to the best of
our knowledge. And we all know that zoning may not be
used to control ownership or tenancies. )
3 . Your last question concerns the painting of two parallel
parking spaces in front the commercial building. In speaking
with Al Bachman, Engineer with the NYS Department of
Transportation, it is his opinion that if the elimination of .
diagonal parking were agreeable by the owner, the NYS DOT would
not be disagreeable since it would be an improvement.
Mr. Bachman suggested that a copy of our decision, together with
the map existing parking area be referred to the NYS Department
of Transportation. (Alternatively, in the worst case scenario,
the DOT would, of course, supercede the Planning Board or any
other town agency. ) Please keep in mind that the existing
diagonal parking has been in existence for over 35 years, and
with the owners' consent, will be improved by the elimination of
backing-out onto the highway (at the least) .
To summarize the above, this project will:
a) require amended site plans maps (should not affect
SEQRA)
b) require compliance of the "accessory building" which
was improperly converted over the years
c) require a variance as. to setbacks of the proposed
storage building
d) require a referral by the Building Inspector to the NYS
DOT pursuant to General Municipal Law, Section 239K
e) require a Certificate of Occupancy in the name of the
new tenant or occupancy for each unit in the commercial building
certifying the use and any building alterations
f) not be- permitted to expand .or increase the commercial
building floor area in the future (unless variances are obtained)
g) require a Certificate of Occupancy for the two-family-
dwelling, after compliance with -the conditions imposed under
Z.B.A. Appl. Nos. 3958 and 2959 dated September 12; 199.1
h) require a Certificate of Occupancy for the existing
accessory building, after removal of the kitchen and dwelling
facilities
Page 4 - Nove_-;. �!r 1991 "
To: Planning Boa;.._ ; P
Re: Hardy Project at Mattituck
Zone District: HB
i) be subject to a determination by the Building Inspector
as to the requirement for a building permit under the NYS
Construction Code and other laws for any and all occupancies of
the buildings.
GG: lk
i
TOWN OF SOUTHOLD PROPERTY RECORD. CAR®
OWNER STREET VILLAGE DIST. SUB. LOT
FORMER OWNER c�-t�ct' N E ACR.
S W TYPE OF BUILDING
RES. SIBS SEAS. VL. FARM rCOMM?/CB. MICS. Mkt. Value
LAND ,. IMP. TOTAL DATE RE-MARKS
/GG6 � L Q// �7 �,7 7o Z �1dr �; C'. '.56c�
� , C y lL.< t(ur..
� � ./ / j• rCl O G
Z5 D--d 1! e 'f f .• y/:: /trtJ SII/ �"? :, ��Ci 1 ,' / G CT%Ct rJ 7J-0 YJ E Q
-1 :,WN t /L7tiYlC `'lC.:c .C7�i�
} r, U 3 >O—G ��.3o Id S i2)P-+)'0' 7 Or
ti,
3 ao _,, ) C" 1�' Q' �� a S0.`r�7t�,�1OC't7.
AGE BUILDING CONDITION
NEW NORMAL BELOW ABOVE
FARM Acre Value Per Value
Acre
Tillable FRONTAGE ON WATER
Woodland FRONTAGE ON ROAD
Meadowl.and DEPTH 9 v 32 s,
House Plot BULKHEAD
i
Total "IN DOCK
P
�.
was NONE
- ■■■■■■■■MeeMO�i■MEMO■■■MO■■■■
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'Recreation Room Rooms 2nd Floor
Total
2/24/97
Bob Kassner Re: Inquiry by Alice Hussie on Enforcement Matters.
The Hardy file was reviewed (1991 ZBA records.)
If
end for invalidity �`:,' SUBSTANTIVE LIMITATIONS §5.16
�als.Z ' 1e
period limited in the statutes, rely on the regulations which
The remedy
Y's default in the .T ,-Utain when his plat is filed.
!g to compel the 'lie limitation on m k. unicipal power to impose more restrictive
with the applica- r rules on approved plats extends for one to three years, depend-
'.. ing upon the exact zoning and planning situation which exists
when the plat is filed. If the municipality has a zoning ordinance
ed subdivision -1nd a planning board with authority to approve subdivision
: ats, the period of limitation extends 3 years from the date on
ocess of subdivi-
'A ich the plat was filed. If the municipality has a zoning s
- ordinance but no planning board with plat a
elsewhere.4 But or if the municipality lack P approval authority,
F
ilts in a tempo- Y s a zoning ordinance but has a u
Manning board with the requisite authority, the
period is 2
pal legislatures -
Nears. if the municipality has neither a planning board with plat
abling statutes
d villages.' The approval authority nor a zoning ordinance, the period of limita-
' to relyupon ion is one year. All of these limitations are imposed irrespective
e P of other provisions of the several enabling acts. I
gains official !}
�tions, a subdi-
to develop it, '' s 5.1.6. Conflict with state law.
lance with the
Cities, towns, and villages possess only those zoningpowers
his plan was which are delegated to them by statute.' These delegated
ilding permits d do g ow
not include the authority to enact regulations which conflict i
s which may
with the general law of the state. In the event of a conflict, the
state law will prevail unless some special provision is made:to
'ze lots shown
resolve the conflict. The village]' and town" enabling statutes 4°i
or more new t, provide that where the zoning regulations require a greater
pproved by a width or size of yards or courts, a lower height of building or j :.
)ve plats, and '
w fewer stories, or a smaller percentage of lot occupancy, or
-ire protected
impose other higher standards than are required by "any other
)r dimension statute or local ordinance or regulation,""g the zoning regulations
ear, or front shall govern. If the zoning regulations are less stringent, then it j�
per can, for isjj
provided that the I
more severe restrictions shall be applied.
Similar provisions for application of the more severe rules may
be found in some statutes.12 Where such #
provision to resolve I�apparent conflict is made by statute, there is no conflict which j$
invalidates the local ordinance. The state statute I simply
P Y pre- I,
9 §§2.04-2.09, supra. 12. 444 East 57th Street Corp. v
lc. v Johnson,[P). 10. Village L§7-716. Deegan, 226 AD 5 07, 235 NYS 11 �
11.Town L§269. (1929).
;i 189 x
l
§ 5.16 NEW YORK ZONING
et
scribes the rule which shall be applied.13 Where the state law in
A issue is a special act, a local law which is inconsistent 'may
>.
supersede it.14 '`"i11
Real conflicts have occurred, however, and these have been State.
resolved in favor of the state law. Where a state law authorizes ret;ul
wi
a town to establish a park, the town may establish the park in a !iquo
village although the.village zoning laws prohibit such parks in
the location selected by the town. The village ordinance,in such
�
a case must' yield.16 A municipality :rc
p y may prescribe the business -
13. Where a locally enacted sani- village where the subject prop ert is t !
tary landfill ordinance complies with within 300 feet of a town orvil age
Department of Environmental Conser- boundry. §239-m of the General Mu-
_ vation (DEC) regulations, it will not nicipal Law does not Otte'
give the Plan-
be invalidated on the a.
grounds that ning Commission an absolute veto
the state has pre-empted the field, over such zoning changes. The legisla-
even if the ordinance imposes y §p greater tive history of 239-m and the clear
restrictions than the DEC regulations. inconsistency of §239-m with §1608 t ��
Monroe-Livingston Sanitary Landfill, of the charter show that §239-m was
Inc. v Caledonia, 72 AD2d 957, 422 intended to supersede §1608. Roches-
NYS2d 249 (1979, 4th Dept), app den, ter v Rush, 67 Misc 2d 328, 324 t7 1,
motion to dismiss app den 49 NY2d NYS2d 201 (1971), affd 37 AD2d 795,
- 738, 426 NYS2d 269, 402 NE2d 1170. 324 NYS2d 888 (4th Dept) and motion "`u`
In an action to enjoin a town from den 71 Misc 2d 451, 336 NYS2d 160. ttlt
interfering with a city's right to oper- The provisions of the Conservation
ate vehicles on the public state high- Law relating to water resources do t ric ways in the town for the purpose of not so preempt this area as to pro-
transporting refuse and from enforc- hibit a municipality from regulating
ing an ordinance prohibiting such ac- the gradingwithin
erri-
tivities, the court held the ordinance tory. Gordon v Reid, 43 Misc-2d t 175
invalid in that it exceeded the power 250 NYS2d 603(1964).
of the town to regulate traffic. We're
Associates Co. v Bear, 35 AD2d 846 Local laws must never supersede,
d , modify or be inconsistent with a gen- '
317 NYS2d 59 (1970, 2d Dept), affd 28 eral statute unless the Legislature J"
NY2d 981, 323 NYS2d 838, 272 NE2d gives its permission. 1970 Ops St
338. Compt 70-694.
Section 136 of the General Munici-
pal Law relating to junkyards does 14. Sections 451 and 452 of the
not apply to a municipality which has Administrative Code are not reconcil-
adopted junkyard regulations. A sub- able with Section 239m of the Gen- {�r
section of Section 136 does not apply eral Municipal Law. As the former is
in such a municipality notwithstand- a special act it supersedes the latter `•1:
ing that the local ordinance does not in Westchester County. Bloom v Town
have a similar provision. Islip v Serio, Bd. of Yorktown, 80 AD2d 823, 436 re
105 Misc 2d 1078, 430 NYS2d 541 NYS2d 355 (1981, 2d Dept), later app AI
(1980). 88 AD2d 895, 450 NYS2d 603 (2d
Section 1608 of the Nassau County Dept).
Charter gave the Planning Commis- 15. Lloyd Harbor v Huntington, 4
sion an absolute veto over an at- NY2d 182, 173 NYS2d 553, 149 NE2d d
tempted change of zone by a town or 851 (1958).
190
r
i
s
SUBSTANTIVE LIMITATIONS § 5.16 f
a
,e law in uses which are permitted in particular business districts, but to
ant may prohibit the sale of intoxicating beverages where such sale has
been licensed by the state is to infringe upon the power of the
.ve been �`
' state.16 This result, in the event of a conflict between a zoning
ithorizes regulation and the power of the state to regulate the sale of
ark in a liquor, was forecast by the state comptroller in 1955," and
parks in confirmed by court decision during the same year."
in such Local zoning ordinances which exclude or limit restaurants
)usiness _ are valid provided that they apply to all such establishments r
regardless of whether they dispense alcoholic beverages.19 Hav-
operty is i ng permitted the operation of a restaurant or other public j
)r village = eating place in a retail district, a village is without authority to
eral Mu- f
he Plan- interfere with its regulation by the State Liquor Authority.20
ute veto Billiard parlors are licensed and regulated by the state. Ac-
e legisla- cordingly, it is not within the province of a board of zoning-he clear
h §1608 appeals to exclude them on the assumption that they will not be
9-m was s properly managed or policed. They are a lawful business which
Roches
�. may not be entirely excluded. To exclude them entirely would be i
:28, 324 to impose a restriction in conflict with state law.' But a zoning
)2d 795, j
i motion ordinance is not invalid for conflict with the general law of the w
'd 160. state simply because it excludes the practice of dentistry, a j
arvation profession licensed by the state, from certain residential dis-
:roes do tricts.2
to pro-
ulating
:s terri- See Kinsman Hall Can Operate as hawk is not authorized to sell Christ-
2d 175, Resident Self-Help Center for Drug mas trees from his own premises
Addicts, New York State Planning where such business is-,not permitted
)ersede, News, vol 34, no 4, p 4(1970). by a local zoning ordinance. 1959 Ops
a gen- 16. Onondaga v Hubbell, 8 NY2d
St Compt 466.
islature 1039, 206 NYS2d 820, 170 NE2d 231 19. Fenton v Tedino, 78 Misc 2d
Dps St (1960). 319, 356 NYS2d 397 (1974).
A zoning ordinance which requires
of the restaurants which serve.alcohol c bev 20. Tad's Franchises, Inc. v Pelham
erages to obtain a special permit is in Manor, 35 NY2d 672, 360 NYS2d 886,
:concil- 319 NE2d 202 (1974).
Gen- conflict with state statutes which
'mer is preempt control over such beverages 1. G. B. Billiard Corp. v Horn, 42 I?
and their sale. Cannon v Syracuse, 72 i
latter Misc 2d 1072, 340 NYS2d 944(1973). Misc 2d 673, 248 NYS2d 757 (1964).
Town
3, 436 Annotation: Zoning regulations in 2. Cerbone v Pelham Manor, 39
respect of intoxicating liquors. 9 Misc 2d 320, 240 NYS2d 523 (1963),
>r app ALR2d 877. affd 20 AD2d 627, 245 NYS2d 1003.
)3 (2d
17. 1955 Ops St Compt 364. A village may prohibit the practice
of a licensed profession in a residen-
ton, 4 f'i
18. Grundman v Brighton, 1 Misc tial district. 163 Ops St Compt 947; j
NE2d 2d 860, 150 NYS2d 326(1955). citing, Anderson, Zoning Law and
A person with a state license to Practice in New York State, §10.06. f' q
191
72"
§ 5.16 NEW YORK ZONING
A zoning ordinance which excludes from a municipality a
powerline authorized by state law is invalid. It operates. to
contravene state policy.3 An ordinance which purports to exclude
schools from the territory of the municipality will not be en-
forced.' And an ordinance which excludes from the municipality
institutions for the treatment of tuberculosis will not be en-
forced against a corporation seeking to establish such a. use,
because the regulation conflicts with the public health law.' But
a zoning ordinance which imposes off-street parking require-
ments and location restrictions on drug addict rehabilitation
centers authorized by state law, but does not totally exclude
such centers, is not in conflict with the Mental Hygiene Law.'
Closely related to this problem of conflict, and overlapping it
at some points, is the amenability of the state and its institu-
tions to local zoning regulations. This is discussed in Section
11.05, along with other issues relating to particular uses.
§ 5.17. Territorial limitations.
A municipality is without power to impose zoning regulations
upon lands outside its territorial limits. A city is empowered to
"divide the city into districts."' A village is authorized to "divide
the village into districts."' And a town "may divide that part of
3. Consolidated Edison Co. v Briar- beyond its territorial boundaries. Sie- t
3 a cliff Manor, 208 Misc 295, 144 NYS2d gel v Tange (1978, 2d Dept) 61 AD2d
379(1955). 57, 401 NYS2d 269.
4. Union Free School Dist. v Hew- Sections 1606 and 1607 of the Nas-
Lett Bay Park, 198 Misc 932, 102 sau County Charter which authorize
NYS2d 81 (1950), affd 278 AD 706, the towns of Nassau County to exer-
103 NYS2d 831. cise zoning jurisdiction in unincorpo-
5. Jewish Consumptives' Relief Soc. rated towns, although they may be
NYS incorporated after a specified date, do
v Woodbury, 230 AD 228, 24
686 (1930), affd 256 NY 619, 177 NE not offend Art III, Sec 17 of the New
165. York Constitution. Atlantic Beach v
Annotation:Applicability of zoning Hempstead, 27 AD2d 556, 276 NYS2d ;
4 (1966, 2d Dept), affd 19 NY2d 929,
regulations to governmental garages 281 NYS2d 337, 228 NE2d 395.
and hospitals. 61 ALR2d 970, 989.
A village in Nassau County which
6. Ibero-American Action League, adopted zoning regulations prior to
Inc. v Palma, 47 AD2d 998, 366 the enactment of Section 1607 of t NYS2d 747 (1975, 4th Dept). heCounty Government Law of Nassau
7.Gen City L §20, subd 25. County may continue to zone its terri-
tory, including land which is subse-
8. Village L§7-702. quently annexed to such village. Mut-
A municipality_ has no power to tontown v Friscia, 60 Misc 2d 1014,
impose zoning regulations upon land 304 NYS2d 664 (1969), affd (2d Dept)
192
§5.13 NEW YORK ZONING
Augenblick v
Dept). coCortlandt, 104 AD2d 806, 480
Augenblick v NI'S2�+
Cortlandt was revd in 66 NY2d
363, 488 NE2d 109.
A town ordinance is invalid \YS2d
the Town Law where it as inconsistent
within 1000 feet of prohibits.sale of nth- n 262 of
ordinance is to an industrial park. food a
pose different restrictions "'gages
commercial The e$'�t ��'ch an
Carleton strict in violation
Tennis of the unifor°unii80 as of a
NY82d 908 Associates, Inc. v Clay, tY r"
(1985): Y, 131 cement.
A zoning amend � � 500
beverages within went which prohibits the Se a new 1000. feet of an industrial
zoning district and is • Pardo(,,,,.B ` � '''�and
Of the Town Law invalid as a create
each district. which requires that re Mattoon of c`- 262
2d 522, 500 Carleton Tm in
ennis Associatesg�ations be . ,
NYS2d 908 (1985). , Inc. v Cla ti. :_.1in
Misc
§5.16. Con$ict
A with state law.
zoning amendment use - which prohibits conversion
not in conflict in a resort and waterfront to r`
o With Provisions of the B business ri icntial
Operative conversions. Cath Business t rict is
AD2d 531, 468 am Realty Law rela t� 1 to co-
NYS2d 31 NYS2d 36 (1983, 2d De COrp. ° Southan,�;c,�n� 97
A local i a66 NE2d 164. Pt), aff'd 62 NY2d {-.?1, 477
Power to den which purports to reserve
facility where its application for the sitingt0 the mun i i pality
inconsistent may 'ect the general °f a major power
Of the p nth the comprehensive plan is° ' °f the area or be
ublic Service Law invalid.Of major steam electric Preempts the authority InvArtie je �I
Co. v Red Hook gp generating plants• over the siting
(1983). ' NY2d 99, 468 11TyS2d 5on6solidated l,dison �
An illuminated billboard erected O 456 NE2d 487
from Conrail is n a. concrete
Provision not exempt from Sign Pillar leased
rter
has no f ncti nemPts subways, regulation b
Saltzman relation Y ' tunnels, and bridges.
a h sign
126 Misc 2d 686, 483 the exempted areas.
�'e sign
An ordinance which NI'S2d 560 People v
mechanical authorizes an appeal(1984)•
invalid game license, to the board oftrustees of a
as in conflict m a denial of a
which Provides for with Section 7.712 village is
40 an appeal to the board of the Village Law
appeals. 134 Main
§5.16 NEW YORK ZONING - .
Woods, Iiac. v Stony Point, 70
NE2d-380 (1987). NY2d 735; 519 NI'82d 960, 514
The Mined Land Reclamation Law
Power of a municipalit does not
uses. Frew Y to determ�e the locat Preempt the
Run Gravel Products Inc, of mining
524 NYS2d 25, 518 NE2d 920 v Carroll
Zoning Law and Practice (1987); citin ' 71 NY2d 126,
1984). §§2.04; 2.05 g' `�nderson, New York
Section 1501 of the ' 2.06, 2.09, 2.13 (3rd. ed,
to prevent abuses b Non-for-profit Corporation
zoning Y cemetery owners Law is designed
g Power of munici alip.ties as and does not preempt the
erly Hills Cemetery it relates to.cemeteries. Bev
(1988, APP Div, 2d Dept). .v Putnam Valley, 524 NYS2d 47
The power of a
districts is municipality to
not preempted b Prohibit
"For the Y a state mining in some
other he Purposes stated herein minmg law which provides:
P this title shall
industry; and local laws relatingsupersede all
provided, however, that notl in the extractive
construed to prevent an mining
zoningY local gin this title shall be
ordinances .or other local government from enactin
mined land recl which g local
found amation standards or requirements stricter
herein. Frew quirements than those
AD2d 928, 510 Run Gravel Products
509 NE2d 359 NYS2d 325 (1986;4th De t , Inc' v Carroll, 125
920. and affd 71 NY2d 126 524) aPP gr 69 NY2d 609
"A local law � N�'S2d 25, 518 NE2d
law if it • may be struck down as inconsistent
is found that the local law
prohibited by the State law. Permits with State
529 NY82d 528 Kamhi v an action specifically
The Not-For-Profit(19 ' 2d Dept). �'orktown, 141 AD2d 607,
the zoning Corporation Law Art 15
protect the authority of a . munici does not preem t
ProtectthePublic from abuses by cemetery was designed o
nam Valle cemetery owners. Beverly Hills Cemetery v'Cerp not to
namd a Y, 136 AD2d 669, 524 NYS2d 47 Corp. v Put-
PP den 72 NY2d 828, 530 (1988, 2d Dept),
State laws relating to highva NYS2d 547, 526 P )' aPP
NE2d 38.
a and
town sway not exact a fee on bundle Preempt the area
p Albany Area Builders g Permits for highway
372, 547 NYS2d 627, 546 Asso, v Guilderlarid
A memorandum o NE2d 920 (1989).On , 74 NY2d
fission does not establish by the Federal Co
nd local re absolute mption o f ns Com- 1
�o le v regulation of the height of preemption of all state
P Krimko, 548 NyS2d ei amateur radio
antenn 81
(1989, Vill Ct),• . as.
s'
1 -
§ 100-100 SOUTHOLD CODE § 100-101
ARTICLE X
General Business (B) District
[Added 1-10-89 by L.L. No. 1-198920]
§ 100-100. Purpose.
The purpose of the General Business (B) District is to provide for
retail and wholesale commercial development and limited office and
industrial development outside of the hamlet central business areas,
generally along major highways. It is designed to accommodate uses
that benefit from large numbers of motorists, that need fairly large
parcels of land and that may involve characteristics such as heavy
trucking and noise.
§ 100-101. Use regulations.
In the B District, no building or premises shall be used and no
building or part thereof shall be erected or altered which is arranged,
- intended or designed to be used, in whole or in part, for any uses
except the following.
A. [Amended 5-9-89 by L.L. No. 6-1989] Permitted uses. The C
following uses are permitted uses and, except for those uses
permitted under Subsection A(1) hereof, are subject to site
plan approval by the Planning Board:
(1) Any permitted use set forth in and`regulated.by § 100-
' 31A(2) and (3) of the Agricultural-Conservation District.
(2) Any permitted use set forth in and regulated by § 100-
j 91A(3) to (18) of the Hamlet Business District.
(3) Wholesale businesses, warehouses and building material
storage and sale, but excluding storage of coal, coke, fuel
oil or junk. a
(4) Building, electrical and plumbing contractors'businesses
or yards.
2°Editors Note: This local lacy also repealed former Art.X,Tourist Camps,Camp Cottages
and Trailers.
i'
10080 10-25-89
1
§ 100-101 ZONING § 100-101
(5) Cold storage plants,baking and other food processing and
packaging plants that are not offensive, obnoxious or
detrimental to neighboring uses by reason of dust,smoke,
vibration, noise, odor or effluent.
(6) Wholesale or retail sale and accessory storage and display
of garden materials, supplies and plants, including
nursery operations, provided that the outdoor storage or
display of plants and materials does not obstruct
pedestrian flow or vehicular traffic and does not occur
within three (3) feet of the property line.
(7) Wholesale/retail beverage distribution.
(8) Funeral homes.
(9) Train or bus stations.
(10) Telephone exchanges.
B. Uses permitted by special exception by the Board of Appeals.
..,......... The following uses are permitted as a special exception by the
Board of Appeals, as hereinafter provided, subject to site plan
approval by the Planning Board:
(1) Any special exception use as set forth in and regulated by
§ 100-31B(2) to (13), except wineries are not required to
be in connection with a vineyard. [Amended 8-1-89 by
L.L. No. 15-1989]
(2) Hotel or motel uses as set forth in and regulated by
§ 100-61B(4) of the Resort Residential (RR) District,
except that the minimum lot size shall be three(3)acres.
[Amended 8-13-1991 by L.L. No. 19-1991]
(Cont'd on page 10081)
10080.1 9-25-91
1
§ 100-101 ZONING § 100-101
(3) Bed-and-breakfast enterprises or boarding and/or tourist
homes as set forth in and regulated by § 100-31B(15) of
the Agricultural-Conservation District,except that no site
plan approval is required.
(4) Tourist camps as regulated by Chapter 88, Tourist and
Trailer Camps, of the Town Code.
(5) Research design or development laboratories, provided
that any manufacturing shall be limited to prototypes
and products for testing.
(6) Fully enclosed commercial recreation facilities, including
but not limited to tennis clubs, skating rinks, paddle
tennis,handball and squash facilities,dance halls,billiard
parlors, bowling alleys, health spas and clubs and uses
normally accessory and incidental to commercial recrea-
tion, such as locker rooms, eating and drinking facilities
and retail sale of goods associated with the particular
activity.
(7) Laundry or dry-cleaning plants, subject to the following
conditions:
(a) All processes and storage shall be carried on within
an enclosed building.
(b) All fluids used in processing shall be recycled, and
the overall facility shall be designed, located and
operated to protect surface waters and the ground-
water reservoir from pollution.
(8) Fraternal or social institutional offices or meeting halls
(nonprofit).
(9) Fast-food restaurants, provided that eating on the
premises of the fast-food restaurant shall be permitted
only inside the structure or in areas specifically desig-
nated and properly maintained outside of the structure
and where minimum lot size for a freestanding structure
is forty thousand (40,000) square feet.
(10) Drinking establishments.
(11) Automobile laundries.
10081 2-25-89
1
1
§ 100-101 SOUTHOLD CODE § 100-101
(12) Public garages, gasoline service stations, new and used
motor vehicle lots, vehicle sales and rental, including the
sale of recreation vehicles and trailers and boat sales,
with accessory repair facilities,all subject to the following
requirements:
(a) Entrance and exit driveways shall have an unre-
stricted width of not less than twelve (12) feet and
not more than thirty (30) feet and shall be located C
not less than ten(10)feet from any property line and
shall be so laid out as to avoid the necessity of any
vehicle backing out across any public right-of--way.
(b) Sale of used vehicles or boats shall be conducted only
as accessory to the sale of new vehicles or boats.
(c) Vehicle lifts or pits, dismantled automobiles, boats
and vehicles and all parts or supplies shall be located
within a building.
-- - (d) All service or repair of motor vehicles, other than
such minor. servicing as change of tires or sale of
gasoline or oil, shall be conducted in a building. C
(e) The storage of gasoline or flammable oils in bulk
shall be located fully underground and not less than
thirty-five (35) feet from any property line other
than the street line.
(f) No gasoline or fuel pumps or tanks shall be located
less than fifteen(15)feet from any street or property
line.
(g) Outdoor area lighting shall be that generally
required for security purposes and shall be re-
stricted to the front one-third (1/3) of the lot depth.
All outdoor lighting shall be located at a height of �l
not more than fourteen (14)feet above ground level
and so directed that illumination should not extend
beyond lot lines.
(h) No gasoline service or repair shops or similar
businesses are to be located within three hundred
10082 2-25-89
§ 100-101 ZONING § 100-101
(300)feet of a church,public school,library, hospital,
orphanage or rest home.
(13) Partial self-service gasoline service stations, subject to all
of the provisions of § 100-101B(12) herein and the
following additional requirements:
(a) Each partial self-service gasoline facility shall have
a qualified attendant on duty whenever the station is
open for business. It shall be the duty of the qualified
attendant to control and operate both the console
regulating the flow of gasoline to the dispensing
equipment thereafter to be operated by the customer
at the self-service pump island and the dispensing
equipment on the other pump islands.
(b) Gasoline shall at no time be dispensed without the
direct supervision of the qualified attendant. A
control shall be provided which will shut off the flow
of gasoline to the dispensing equipment at the self-
service pump island whenever the qualified atten-
dant is absent from the control console for any
reason whatever, including when he is operating the
dispensing equipment on the other pump islands.
(c) The console regulating the flow of gasoline to the
remote dispensing equipment thereafter operated by
the customer at the self-service pump island shall be
situated in such a manner as to give the qualified
attendant controlling said console an unobstructed
view of the .operation of said remote dispensing
equipment.
(d) The self-service pump island shall have controls on
all pumps that will permit said pumps to operate
only when a dispensing nozzle is removed from its
bracket on the pump and the switch for this pump is .
manually operated..
(e) The self-service pump island shall be protected by an
automatic fire-protection system in the form of an
approved system of dry powder release which will
act as an automatic fire extinguisher.
10083 7-25-89
§ 100-101 SOUTHOLD CODE `J§ 100-101
M No customer shall be permitted to dispense gasoline
unless he shall possess a valid motor vehicle
operator's license.
(g) There shall be no latch-open device on any self-
service dispensing nozzle.
(14) Private transportation service, including garage and
maintenance facilities.
C. [Amended 5-9-89 by L.L. No. 6-1989] Accessory uses. The .
following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are governed by
Article XX, are subject to site plan review:
(1) Accessory uses set forth in and as regulated by § 100-
31C(1) through (8) of the Agricultural-Conservation
District, subject to the conditions set forth in § 100-33
thereof.
(2) Wall signs as set forth and regulated in§ 100-81C(2Xb)of
the Limited Business District.
(3) Freestanding or ground signs. Where the building is set
back twenty-five(25)feet or more from the street,one(1)
sign, single- or double-faced, not more than twenty-four
(24) square feet, the lower edge of which shall be not less
than four (4) feet above the ground, unless attached to a
wall or fence and the upper edge of which shall not
extend more than fifteen (15)feet above the ground shall
be permitted, which sign shall be set back not less than
fifteen (15) feet from all street and property lines and
shall advertise only the business conducted on the
premises. As used in this subsection, the word"premises"
shall mean all contiguous property in common
ownership.
(4) Open storage of materials or equipment, provided that
such storage shall be at least twenty-five (25) feet from
any lot line, not be more than six (6) feet high and be
suitably screened by a solid fence or other suitable means
of at least six (6) feet in height.
10084 7-25-s9
§ 100-102 ZONING § 100-111
§ 100-102. Bulk, area and parking requirements.
No building or premises shall be used and no building or part
thereof shall be erected or altered in the B District unless the same
conforms to the Bulk Schedule and Parking and Loading Schedules
incorporated into this chapter by reference, with the same force and
effect as if such regulation were set forth herein in full 21
ARTICLE XI
Marine I (MI) District
[Added 1-10-89 by L.L. No. 1-198922]
§ 100-110. Purpose.
The purpose of the Marine I(MI)District is to provide a waterfront
location for a limited range of water-dependent and water-related
uses,which are those uses which require or benefit from direct access
to or location in marine or tidal waters but which are located within
the town's tidal creeks or natural coves.
§ 100-111. Use regulations.
In an MI District, no building or premises shall be used and no
building or part of a building shall be erected or altered which is
arranged, intended or designed to be used, in whole or in part, for any
uses except the following:
A. [Amended 5-9-89 by L.L. No. 6-1989] Permitted uses. The
following uses are permitted uses and, except for those uses
permitted under Subsection A(1) hereof, are subject to site
plan approval by the Planning Board:
(1) One (1) one-family detached dwelling per single and
separate lot of record in existence as of the date of
adoption of this Article.
21 Editor's Note: The Bulk Schedule is included at the end of this chapter,and the Parking
and Loading Schedules are in§§ 100-191 and 100-192.
22 Editor's Note: This local law also repealed former Art. XI, General Regulations, as
amended.
i'.
10085 7-25-89
Town of Southold
Bulk Schedule for Business,Office and Industrial Districts —
[Added 1-10-89 by L.L.No. 1-1989]
LIO
LB HB B Light Industrial LI
Limited Hamlet General M-I M-II Park/Planned Light
District Business Business Business Marine I Marine II Office Park Industrial
Minimum requirements for business,office,indus-
trial or other nonresidential use'
Lot size(square feet) 80,000 20,000 30,000 40,000 80,000 120,000 40,000
Lot width(feet) 175 60 150 150 150 200' 100
Lot depth(feet) 250 100 150 150 150 300 150
Front,yard(feet) 60 15 50 35 35 75 50
Side yard(feet) 20 10 25 20 25 30 20
Both side yards(feet) 45 25 50 45 50 60 40
Rear yard(feet) 75 25 35 25 25 75 70
Landscape area(percent) 35 25 35 25 20 35 25
Maximum permitted dimensions
Lot coverage(percent) 20 40 30 30 30 20 30
Building height(feet) 35 35 35 35 35 35 35
Number of stories 2y 2 2 2 2 2 2
NOTES:
For minimum requirements for residential uses,refer first to Density and Minimum Lot Site Schedule for Nonresidential Districts and then to appropriate
indicated column in the Bulk Schedule for Residential Uses.In the Marine I and Marine II Districts,only land above mean high water shall qualify for area
calculations.
2-25-89
Town of Southold
Density and Minimum Lot Size Schedule for Nonresidential Districts'
[Added 1-10-89 by L.L.No.1-1989]
LIU
LB HB B Light Industrial LI
Limited Hamlet General M-I M-II Park/Planned Light
District Business Business Business Marine I Marine lI Office Park Industrial
MINIMUM LOT SIZE(square feet):
Business,office,industrial or other nonresidential use
Use with or without utilities 80,000 20,0(N) 30,0()0 40,000 80.000 120,000 40,000
1-family detached dwelling
80,
Residential unit without utilities 000(iii) 20,000(vii) NA 2 2 0,000 0.000(vii) NA NA
Residential unit with community water NA 20,000(vii) NA 0.000 20,000(vii) NA NA
Residential unit eith community water and sewer NA 10,000(xi) NA 10.000 10,000(xi) NA NA
2-family detached dwelling
2-family dwelling without utilities 10,000 40,000(ii) NA NA NA NA NA
(xii)
2-family dwelling with community water NA 40,000(ii) NA NA NA NA NA
2-family dwelling with community water and sewer NA 20,000(vii) NA NA NA NA NA
Multiple dwelling unit or townhouse`
Multiple dwelling or townhouse without utilities NA 20,000 NA NA NA NA NA
Multiple dwelling or townhouse with community water NA 20,000 NA NA NA NA NA
Multiple dwelling or townhouse with community water and sewer NA 10,000 NA NA NA NA NA
Motel,hotel or conference center guest unit'
NA 6,000 6,000 NA 6,000 6,000 6,000
Guest unit without utilities
Guest unit with community water NA 6,000 6,000 NA 6,000 6,000 6,000-
Guest unit with community water and sewer NA 4,000 4,000 NA 4.000' 6,000 4.000'
KEY:
NA=Not applicable.
NOTES:
' Roman numerals refer to the applicable column in the Residential Bulk Schedule.
x For multiple dwelling,hotel,motel and/or conference uses(where permitted),this table refers to minimum lot size per unit.Refer to the Residential Bulk Schedule for total lot size.
yard and setback dimensions for the applicable district,unless more-restrictive requirements are indicated in the text of the chapter.
[Amended 8-1-89 by L.L.No. 14-19891 9-25-91
DE
PLANNING BOARD MEMBERS y rlr �;Y SCOTT L. HARRIS
Bennett Orlowski, Jr., Chairman , 'Jf, -:' `M `.' - —~ Supervisor
George Ritchie Latham, Jr.
Richard G. Ward r '-; Town Hall, 53095 Main Road
Mark S. McDonald P.O- Box 1.179
Kenneth.L. Edwards Southold, New York. 11971
PLANNING BOARD OFFICE
Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516)765-1823
December 10, 1991
P. Edward Reale, Esq.
Twomey, Latham, Shea & Kelley .
33 West Second Street
P.O.Box 398
Riverhead, New York 11901
Re: Proposed Site Plan for
Joseph & Betty Hardy
S/S/o SR 25 opposite
Wickham Avenue, Mattituck,
SCTM # 1000-114-11-05
Dear Mr. Reale:
At its public meeting on December 9, 1991,. the Planning ,
Board adopted the following resolution.
BE IT RESOLVED that the Planning Board takes Lead Agent.
BE IT FURTHER RESOLVED That the Planning Board finds that
it is unable to make a determination of significance because of
additional information that has been brought to the Planning
Board's attention during the coordinated review: to wit,
1. The site plan shows the use of the accessory garage as
an apartment, which use has been denied by the Zoning
Board in the last appeal before. it. The site plan must
be revised to show a proposed use other than an
apartment.
2. A variance is needed for the -proposed structure.
The proposed storage building has insufficient side
yard setback for either an accessory or a principal
building in this zone.
The Planning Board hereby requests that the applicant
provide a corrected site plan and sufficient information
for this Board to complete the environmental review.
Please submit eight copies of the revised site plan and any
additional information that may be applicable to this office.
If there are any questions, Valerie Scopaz, Town Planner,
will be able to assist you.
Sincerely,
Bennett Orlowski, Jr.
Chairman
Enc.
cc: Coordinating Agencies:
✓Gerard P. Goehringer, Chairman, zoning Board of Appeals
Victor Lessard, Principal Building Inspector
Judith T. Terry, Town Clerk
Vito Minei, Suffolk County Department of Health Services
Commissioner Jorling, .NYS Dept. of .Environmental
Conservation
John Falotico, NYS Dept. of Transportation
Applicant
i
APPEALS BOARD MEMBERS ®�U,FFBt/(„ SCOTT L.HARRIS
��•;F'�. l� Supervisor
Gerard P.Goehringer,Chairman
Charles Grigonis,Jr. Town Hall 53095 Main Road
Serge Doyen,Jr. '
P.O.Box 1179
James Dinizio,Jr.
,A - Southold,New York 11971
Robert A.Villa9� M'w ��� Fax(516)765-1823
Telephone(516)765-1809 � ` Telephone(516)765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
INTER-DEPARTMENTAL MEMORANDUM
TO: Bennett Orlowski, Jr. , Chairman
Southold Town Planning Board
FROM: Jerry Goehringer
DATE: November 18, 1991
SUBJECT: Your Informal Inquiries Received November 1, 1991
Project Reference: Hardy Plumbing & Heating
SCTM 41000-114-11-5 at Main Road, Mattituck
Zone District: Hamlet Business
(NOTE: This response shall be used in the Matter of Joseph and
Betty Hardy at Mattituck, only. Parcel ID #1000-114-11-5. )
Your inquiries concerning the above project have been received.
Since its submission, Mrs. Hardy was again today referred to the
Appeals Office by both the Building Inspector (Curt Horton) and
Planning Board Office (Valerie Scopaz) .
Mrs. Hardy has not been able to receive answers to the following
questions: (a) does she need a building permit to make
interior, alterations for a proposed third tenant as a Boutique
Shop? (b) does she need a Certificate of Occupancy for each
new tenant of the front building if the occupancy or use
changes?
Both her questions and yours will hopefully be answered on the
following pages, taking into account the following notations:
1. The proposed building as shown on the August 4, 1989 plan
on file with the Planning Board and pending at this time (as
prepared by Peconic Surveyors & Engineers, P.C. ) was deleted
from the Z.B.A. plans as authorized by Mr. Reale, attorney for
Mr. and Mrs. Hardy, and therefore was withdrawn from
consideration.
2. The maps before you are not appropriate for processing
since they do not show the uses as recently approved and
Page 2 - November 18, 1.'491
To: Planning Board
Re: Hardy Project at Mattituck
Zone District: HB
modified by the ZBA. The area shown for retail occupancies do
not appear to be incorrect, and the store dimensions and front
building setbacks are believed to be preexisting of zoning.
3 . Also to our knowledge, the nonconforming use of the front
yard area for parking is also preexisting of the zoning code.
4. The size of this parcel is '21,906 sq. ft. The square
footage of the front building has not structurally changed, and
is, to our knowledge, validly preexisting. The tenants and
occupants of the internal portions of the building have changed
several times over the last 35 years (i.e. retail stores,
luncheonette, pizzaria, . personal service shop, business office,
and others uses permitted under the code at that time) .
With reference to question #1 of your memorandum:
( 1) It is apparent that the proposed building
does not meet the setback requirements of the Code
(accessory or principal) . Therefore the site
plan should either be revised to delete this
storage building from consideration by the Planning
Board, or be held in abeyance until such time as the
appeal process begins (i.e. , the Building
Inspector should issue a Notice of Disapproval - a
copy of the building permit application was filed
with the Building Department on April 4, 1989; copy
attached for reference}. Each department should
require as part of their files a construction diagram
to determine conformity with height provisions of
the Code. Since a variance is needed for setbacks,
we will request this information at the time of
filing of the variance, if you prefer. Other
questions concerning its use, as it relates to the
accessory or principal use provisions, should also be
asked. (The building permit and site plan applica-
cations should be revised to include these questions. )
2. Today Mrs. Hardy delivered to the Building Department
an application for a building permit (copy attached)
for minor interior changes to the center store. The
ZBA does not believe it would be appropriate for any
department (other than the Building Department)
determine whether or not a building permit is required
for minor interior alterations within a building.
This is within the purview of the Building
Inspector. We have in the past understood that
permits were required in the past for placements of
counters and the like for safety reasons under the NYS
Construction Code. A new Certificate of
Occupancy should also be required for each new
tenant/occupant.
Page 3 - November 18, _Lz191
To: Planning Board
Re: Hardy Project at Mattituck
Zone District: HB
This would help to assure not only the town but also
the occupants of compliance and limitations under the
NYS Construction Code and other applicable rules and
regulations at the time of new tenancy. The issuance
of a Certificate of Occupancy for a change of tenancy
may not, .in -our opinion, be disapproved unless there
were an increase or expansion of the commercial areas
(The Pre-C.O. issued April 10, 1980 indicated that
there were retail stores in the front commercial
building. It also made reference to the number "two,"
which was for two tenants or occupants within the same
building complex. The actual floor area of the
stores have not increased since 1957 to the best of
our knowledge. And we all know that zoning may not be
used to control ownership or tenancies. )
3 . Your last question concerns the painting of two parallel
parking spaces in front the commercial building. . In speaking
with Al Bachman, Engineer with the NYS Department of
Transportation, it is his opinion that if the elimination of
diagonal parking were agreeable by the owner, the NYS DOT would
not be disagreeable since it would be an improvement.
Mr. Bachman suggested that a copy of our decision, together with
the map existing parking area be referred to the NYS Department
of Transportation. (Alternatively, in the worst case scenario,
the DOT would, of course, supercede the Planning Board or any
other town agency. ) Please keep in mind that the existing
diagonal parking has been in existence for over 35 years, and
with the owners' consent, will be improved by the elimination of
backing-out onto the highway (at the least) .
To summarize the above, this project will:
a) require amended site plans maps (should not affect
SEQRA)
b) require compliance of the "accessory building" which
was improperly converted over the years
c) require a variance as to setbacks of the proposed
storage building
d) require a referral by the Building Inspector to the NYS
DOT pursuant to General Municipal Law, Section 239K
e) require a Certificate of Occupancy, in the name of the
new tenant or occupancy for each unit in the commercial building
certifying the use and any building alterations
f) not be permitted to expand or increase the commercial
building floor area in the future (unless variances are obtained)
. g) require a Certificate of Occupancy for the two-family
dwelling, after compliance with the conditions imposed under
Z.B.A. Appl. Nos. 3958 and 2959 dated September 12, 1991
h) require a Certificate of Occupancy for the existing
accessory building, after removal of the kitchen -and dwelling
facilities
Page 4 - November 18, A 91
To: Planning Board
Re: Hardy Project at Mattituck
Zone District: HB
i) be subject to a determination by the Building Inspector
as to the requirement for a building permit under the NYS
Construction Code and other laws for any and all occupancies of
the buildings.
GG:lk
PLANNING BOARD MEMBERS y r '';• R'' SCOTT L. HARRIS
�
Bennett Orlowski, Jr., Chairman it
C.• f.L73�' 1•b€,�•;�� �� '� Supervisor
George Ritchie Latham, Jr. aK
Richard G. Ward Town Hall, 53095 Main Road
Mark S. McDonald �` P.O. Box 1179
Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971
Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823
MEMORANDUM
TO: Gerard P. Goehringer, Chairman
Zoning Board of Appeals _.
FROM: Bennett Orlowski, Jr.-170
RE: Proposed Site Plan for Hardy Plumbing & Heating
S/s/o SR 25 opposite Wickham Avenue, Mattituck, N.Y.
SCTM # 1000-114-11-5
ZBA Appeals No. 3959-SE As Amended on 1-10-91.
DATE: October 31, 1991
On OCtober 21, 1991, the Planning Board started the
environmental coordination for this project. However, the
enclosed memorandum from the Building Department raises some
questions which should be answered before the Planning Board
proceeds with the environmental and site review.
It would be most helpful if your Board could provide a
detailed response to the points raised in the attached
memorandum that pertain to matters under your jurisdiction,
specifically,
1. whether the proposed storage building should be '
considered a. principal use or an accessory use (and
structure) ;
r.
2. whether the third retail business can be issued a
Certificate of -occupancy based on the September 12,
1991 decision on Appeal 3959-SE or a prior decision of
the Zoning Board;
In addition to the questions raised in the attached
memorandum, one concern of the Board is that Condition #2 of the
decision on Appeal 3959-SE requires the striping of two parallel
parking spaces in front of the retail stores. Part of the
property in the front yard lies within the right of way for
State Route 25. Implementation of this condition will require a
coordinated review, environmental and otherwise, with the New
York State Department of Transportation. If our past experience
f
with the State is any indicator, it will not be possible to
obtain State permission to designate parking spaces within the
right of way for SR 25.
After we have received your response, we will ask the
applicant to provide suitably revised site plans.
The environmental coordination started on October 21,
1991. However, these questions must be addressed before the
Board can reach a determination.
Encl.
cc: Victor Lessard, Principal Building Inspector
~ INSPECTORS
Victor Lessard
Principal Building Inspector Co
Curtis HortonG2� SCOTT L.HARRIS, Supervisor
Senior Building Inspector " �
Thomas Fisher - ? Southold Town Hall
P.O.Box 1179,53095 Main Road
Building Inspector d
Gar Fish ' '� ' l'� '� Southold; New York 11971
Y �� �� �� Fax (516) 765-1823
Building Inspector �.Vincent R.Wieczorek Telephone(516) 765-1800
Ordinance Inspector
Robert Fisher
Assistant Fire Inspector OFFICE OF BUILDING INSPECTOR
Telephone(516) 765-1802 = - TOWN OF SOUTHOLD
TO: PLANNING BOARD
FROM: VICTOR LESSARD, BUILDING DEPARTMENT/',/. .
SUBJECT: SITE PLAN FOR JOSEPH & BETTY HARDY �
DATE: OCTOBER 23, 1991
Pre-Co done for Nickolas Kouros on April 10, 1980 indicates
property contained a one family dwelling and two (2) retail
stores. Action to correct third (3 ) store required.
Violation still exists on conversion of accessory garage to
habitable quarters. Application to legalize same has just been
denied by Zoning Board of Appeals.
Proposed Building of 2400 square feet has insufficient
sideyard set-back and requires favorable action from Zoning
Board of Appeals to remain. Property' s of over 20 ,000 square
feet require .a side yard of 5' -0 up to a 39,990 square foot
property. ZBA should determine if main or accessory building.
All these conditions should be addressed before proceeding
With the site plan.
VL:gar
,cc to:, Zoning Board of Appeals
0 dd
OCT 2 3 Icgl
D�
SOUT14OLD TOWN
PLANNING BOARD
r
`t
APPEALS BOARD MEMBERS _;; " '�'Ji rl.; „�' SCOTT L.HARRIS
Supervisor
Gerard P.Goehringer,Chairman p
Charles Grigonis Jr. Town Hall,53095 Main Road
Serge Doyen,Jr.
X; i t P.O.Box 1179
James Dinizio,Jr. Southold New York 11971
�.
Robert A.Villa '
Fax(516)765-1823
Telephone(516)765-1809 '3,, `, Telephone(516)765-1800
BOARD OF APPEALS
.TOWN OF SOUTHOLD
ACTION OF THE BOARD OF APPEALS
Appl. No. 3958:
Application of JOSEPH AND BETTY HARDY for a Variance to the
Zoning Ordinance as authorized by Article IX, Section 100-92 for
permission to increase the degree of nonconformance of the lot
area for the establishment or approval of a second dwelling unit
in an existing dwelling structure and for the establishment or
approval of a third dwelling unit in the rear accessory
building, both in conjunction with multiple business uses and
existing single-family residental unit of this parcel. Location
of Premises: 13500 Main Road, Mattituck,, NY; County Tax Map
No. 1000-114-11-5. Zoning District: Hamlet-Business (HB) . The
subject parcel is nonconforming in this Hamlet Business (HB)
Zone District containing approximately one-half acre of total
lot area.
WHEREAS, a public hearing was held on August 15, 1991, and
at said hearing, all those who desired to be heard were heard
and their testimony recorded; and
WhEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. By this application, applicants request area
variances:
(a) for approval of conversion of the existing
two-story dwelling structure as a two-family dwelling {by the
addition of a second dwelling unit located over the existing
dwelling unit) , and
(b) for approval of use of the rear 20 ft. x 30 ft.
one-story (accessory) building as a single family dwelling, in
conjunction with the existing one retail business unit, one
personal service unit, one office use, one dweling unit, and
proposed second dwelling unit, for a total of six occupied units.
-Page 2 - Appl. Nd. 3958 - V
Matter of JOSEPH AND BETTY HARDY
Decision Rendered September 12, 1991
2. The premises in question is located along the south
side -of the Main Road (State Route 25). in the Hamlet of
Mattituck, Town of Southold, and is identified on the Suffolk
County Tax Maps as District 1000, Section 114, Block 11, Lot 5.
3. The subject premises is 'improved with the following
structures:
(a) one-story concrete block building with retail
occupancies by three tenants (pizza parlor, personal service
(tatoo application) , and office area for Hardy Plumbing &
Heating) . This building-.preexists zoning and has nonconforming
setbacks in the front and side yards. ;
(b) accessory 20. 4 ft. by 30. 3 ft. garage/storage
structure, located in the rear yard area, which was renovated in
or about 1988 without permits and proper approvals into a
pet-grooming (personal service) use and shortly thereafter .
converted, again without town permits and proper approvals, into
a dwelling;
(c) two-story frame house, which is connected to the
front business building by a deck.
4. It is noted that the front building and two-story frame
house structure (now attached to the front building by a deck)
was on April 10, 1980 issued a Preexisting Certificate of
Occupancy ( #Z9919) showing both structures and land to be used
for single-family dwelling use and two retail occupant uses,
respectively, all of .which are shown to have been existing prior
to the enactment of zoning in April 23, 1957.
5. The parcel is nonconforming in total lot area for the
multiple (mixed) uses in this nonresidential zone district, as
well as substandard parking and screening. The nonconformi-
ties for the total lot area are appropriated as follows for
clarification:
(a) the total lot area of this parcel is 21,906 sq.
ft. , of which one of four units may be authorized as a
conformity, to wit: 20,000 sq. ft. per dwelling unit or per
nonresidential unit;
(b) since more than one unit has existed, that is,
one established single-family dwelling without community water
or sewer at 20,000 sq. ft. , and three ( 3) business and/or office
units at 20,000 sq. ft. minimum per unit; the total required
for these four occupancies are 80,000 sq. ft. of lot area. (See
"Density and Minimum Lot Size Schedule for Nonresidential
�, Districts" ) .
Page 3 - Appl. No. 3958 - V
Matter of JOSEPH AND BETTY HARDY
Decision Rendered September 12, 1991
5. (c) the total area required with the four legally
established occupied units, plus the two proposed units, is
120,000 sq. ft.
(d) the increase in the degree of nonconformance is
40,000 sq. ft. over the existing .nonconformities of area and
density, or 20,000 sq. ft. for each of the two additional
proposed dwelling units. (Ref. Density and Lot Area Schedule
as applies to the 'HB Zone) .
6. For the record, it is also noted that accessory
buildings are defined under Section 100-13 of the Zoning Code to
be:
. . .A building or structure detached from a
principal building located on the same lot
as and customarily incidental and subordinate
to the principal building. . . .
Although there is no record of a valid building permit or
certificate of occupancy for this 20' x 30' rear building, the
building as exists may be permitted only as an accessory
building and may be used only customarily incidental and
subordinate to the main use on this lot, and not as a dwelling
unit with cooking or housekeeping facilities. A use variance
is also being requested for the conversion of an accessory use
to a principal dwelling use.
7. The conversion of the accessory building to a principal
dwelling is not permitted by Special Exception as noted in the
above paragraph and is not a multiple dwelling or townhouse, and
also is not an apartment over a retail store or business
office. {For the record, Article XXIX, Section 100-91(B2 & 4) )
of the Zoning Code authorizes by Special Exception approval from
this Board and site plan approval from the Planning Board the
following:
. . .B. . .2. Multiple dwellings and townhouse;
4.. Apartments over retail stores and business
office, subject to conditions (a through f) . }
8. Under same date hereof, this Board has authorized by
Special Exception with conditions, conversion of the main
two-story dwelling structure from single-family to two-family
use. (See decision under Appl. No. 3959-SE) .
9. Article XXIX, Section 100-92, Bulk, Area and Parking
regulations permit these uses only when the same conform to the
Bulk Schedule, Parking and Loading Schedules (of the Zoning
Code) with the same force and effect as if such regulations were
set forth herein in full. It is clearly provided that in the
Hamlet-Business (HB) Zone District, a minimum of 20,000 sq. ft.
.,Page 4 - Appl. No. 3958-V
Matter of JOSEPH AND BETTY HARDY
Decision Rendered September 12, 1991
of land area is required per dwelling unit and per business or
office unit. The allowable uses, together with the Septem-
ber 12, 1991 conditional Special Exception permit for a second
unit over the existing dwellingounit, amount to five (inclusive
of one existing retail; one existing business; one existing
office; one existing dwelling; for five total units or 100,000
sq. ft. ) t20,000 sq. ft. x 5 units} ,
10. In considering the variances requested for the two
additional units, it is the position of the Board that:
(a) it is the burden of the landowners to prove that
the area restrictions as.-applied to their land imposes
"significant economic injury" ; and the burden of proof has not
been substantiated;
(b) the relief requested for a variation of 40,000
sq. ft. of land area for the two requested units is substantial
in relation to the requirements, being a variance of 3000 of the
requirements, and more than 1000 of a variance over the existing
lot area/density nonconformities;
(c) the difficulties claimed are not sufficient to
warrant a grant of the relief requested;
(d) there will be an adverse effect of increased
dwelling density produced on available governmental facilities
by the creation of two dwelling units, in addition to those uses
legally established;
(e) there will be an adverse effect on the character
.of the neighborhood and the grant of the variances requested
will in effect establish a zone district at odds with all other
zone districts provided for in the zoning code;
(f) the variances, if granted as requested, will in
turn cause a substantial effect on the safety, health, welfare,
comfort, convenience, and order of the town;
(g) in view of the manner in which the difficulty
arose and in consideration of all the above facts, the interests
of justice will be served by denying the variances as
requested.
ACCORDINGLY, on motion by Mr. Villa, seconded by
Mr. Dinizio, it was
RESOLVED, to DENY the variance for increased dwelling unit
density and insufficient lot area applicable for each of the two
units, as requested; and BE IT FURTHER
. ,Page 5 - Appl. No. 39nu - V
Matter of JOSEPH AND BETTY HARDY
Decision Rendered September 12, 1991
RESOLVED, to GRANT alternative relief for the additional
one dwelling unit in the existing two-story dwelling structure,
for establishment of a two-family dwelling use, subject to the
following CONDITIONS:
1. Compliance with all zoning code requirements, including
but not limited to the following:
(a) Site Plan approval by the Southold Town Planning
Board, which Board may require more stringent parking
requirements than the conditions stipulated below concerning the
Special Exception;
(b) accessory structure must revert back to an
accessory use with removal of all cooking and housekeeping
plumbing facilities {electrical utilities for lighting purposes
will be permitted to remain) ;
(c) accessory structure shall not be permitted for
office use or any business or separate rental/profitable use,
and shall be permitted for garage and/or dead storage purposes
only.
2. Two parallel parking spaces to be painted in front of
t e . tail business building for vehicles traveling in an
easterly direction (to park with vehicles facing east) ;
3 . A printed sign to be placed at the front of the
business building directing all vehicles to "PARK IN THE REAR. " ,
4. Before issuance of a Certificate of Occupancy or other
documentation, acceptance and final inspection concerning the
above conditions shall be made by the Board of Appeals, or
member thereof.
Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and
Villa. (Absent were Members Doyen and Grigonis. ) This
resolution was duly adopted.
1 k ".
GERARD P . GOE, INGER , HAIRMAN
APPEALS BOARD MEMBERS ogi1FFOL�-� SCOTT L.HARRIS
Supervisor
Gerard P.Goehringer,Chairman
Charles Grigonis,Jr. Town Hall,53095 Main Road
Ser c; '
ge Doyen,Jr. t.. P.O.Box 1179
James Dinizio,Jr. ip
Southold,New York 11971
Robert A.Villa
Fax(516)765-1823
Telephone(516)765-1809 Telephone(516)765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
INTER-DEPARTMENTAL MEMORANDUM
TO: Bennett Orlowski, Jr. , Chairman
Southold. Town Planning Board
FROM: Jerry Goehringer (/ !�
DATE: November 18, ..1991
SUBJECT: Your Informal Inquiries Received November 1, 1991
Project Reference: Hardy Plumbing & Heating
SCTM #1000-114-11-5 at Main Road, Mattituck
Zone District: Hamlet Business
(NOTE: This response shall be used in the Matter of Joseph and
Betty Hardy at Mattituck, only. Parcel ID #1000-114-11-5. )
Your inquiries concerning the above project have -been received.
Since its submission, Mrs. Hardy was again today referred to the
Appeals Office by both the Building Inspector (Curt Horton) and
Planning Board Office (Valerie Scopaz) .
Mrs. Hardy has not .been able to. receive answers to the following
questions: (.a) does she need a building permit to make
interior alterations for a proposed third tenant as a Boutique
Shop? (b) does she need a Certificate of Occupancy for each
new tenant of the front building if the occupancy or use
changes?
Both her questions and yours will hopefully be answered on the
following pages, taking into account the following notations:
1. The proposed building as shown on the August 4, 1989 plan
on file with the Planning Board and pending at this time (as
prepared. by Peconic Surveyors & Engineers, P.C. ) was deleted
from the Z.B.A. plans as authorized by Mr. Reale, attorney for
Mr. and Mrs. Hardy, and therefore was withdrawn from
consideration.
2. The maps before you are not appropriate for processing
since they do not show .the uses as recently approved and
Page 2 - November B, 1991
To: Planning Board
Re: Hardy Project at Mattituck
Zone District: HB
modified by the ZBA. The area shown for retail occupancies do
not appear to be incorrect, and the store dimensions and front
building setbacks are believed to be preexisting of zoning.
3 . Also to our knowledge, the nonconforming use of the front
yard area for parking -is also preexisting of the zoning code.
4. The size of this parcel is 21,906 sq. ft. The square
footage of the front building has not structurally changed, and
is, to our knowledge, validly preexisting. The tenants and
occupants of the internal portions of the building have changed
several times over the last 35 years (i.e. retail stores,
luncheonette, pizzaria, -personal service shop, business office,
and others uses permitted under the code at that time) .
With reference to question #1 of your memorandum:
I . . It is apparent that the proposed building,
does not meet the setback requirements of the Code
(accessory or principal) . Therefore the site
plan should either be revised to delete this
storage building from consideration by the Planning
Board, or be held in abeyance until such time as the
appeal process begins (i.e. , the Building
Inspector should issue a Notice of Disapproval - a
copy of the building permit application was filed
with the Building Department on April 4, 1989; copy
attached for reference) . Each department should
require as part of their files a construction diagram
to determine conformity with height provisions of
the Code. Since a variance is needed for, setbacks,
we will request this information at the time of
filing of the variance, if you prefer. Other
questions concerning its use, as it relates to the
accessory or principal use provisions, should also be
asked. (The building permit and site plan applica-
cations should be revised to include these questions. )
2 . Today Mrs. Hardy delivered to the Building Department
an application for a building permit (copy attached).
for minor interior changes to the center store. The
ZBA does not believe it would be appropriate for any
department (other than the Building Department)
determine whether or not a building permit is required
for minor interior alterations within a building.
This is within the purview of the Building
Inspector. We have in the past understood that
permits were required in the past for placements of
counters and the like for safety reasons under the NYS
Construction Code. A new Certificate of
Occupancy should also be required for each new
tenant/occupant.
Page 3 - November 18, i991
To: Planning Board
Re: Hardy Project at Mattituck"'' `
Zone District: HB
This would help to assure not only the town but also
the occupants of compliance and limitations under the
NYS Construction Code and other applicable rules and
regulations at the time of new tenancy. The issuance
of a Certificate of Occupancy for a change of tenancy
may not, .in our opinion, be disapproved unless there
were an increase or expansion of the commercial areas
(The Pre-C.O. issued April 10, 1980 indicated that
there were retail stores in the front commercial
building. It also made reference to the number "two,"
which was for two tenants or occupants within the same
building complex. The actual floor area of the
stores have not increased since 1957 to the best of
our knowledge. And we all know that zoning may not be
used to control ownership or tenancies. )
3. Your last question concerns the painting of two parallel
parking spaces in front the commercial building. In speaking
with Al Bachman, Engineer with the NYS Department of
Transportation, it is his opinion that if the elimination of
diagonal parking were agreeable by the owner, the NYS DOT would
not be disagreeable sinceait would be an improvement.
Mr. Bachman suggested that a:..copy of our .decision, together with
the map existing parking area be referred to the NYS Department
of Transportation. (Alternatively, in the worst case scenario,
the DOT would, of course, supercede the. Planning Board or any
other town agency. ) Please keep in mind that the existing
diagonal parking has been in existence for over 35 years, and
with the owners' consent, will be improved by the elimination of
backing-out onto the highway (at the least) .
To summarize the above, this project will:
a) require amended site plans maps (should not affect
SEQRA)
b) require compliance of the "accessory building" which
was improperly converted over the years
c) require a variance as to setbacks of the proposed
storage building
d) require a referral by the Building Inspector to the NYS
DOT pursuant to General Municipal Law, Section 239K
e) require a Certificate of Occupancy in the name of the
new tenant or occupancy for each unit in the commercial building
certifying the use and any building alterations
f) not be permitted to expand or increase the commercial
building floor area in the future (unless variances are obtained)
g) require a Certificate of Occupancy for the two-family
dwelling, after compliance with the conditions imposed under
Z.B.A. Appl. Nos. 3958 and 2959 dated September 12, 1991
h) require a Certificate of Occupancy for the existing
accessory building, after removal of the kitchen and dwelling
facilities
Page 4 - Novembex , 3, 1991
To: Planning Board
Re: Hardy Project at Mattituck
Zone District: HB
i) be subject to a determination by the Building Inspector
as to the requirement for a building permit under the NYS
Construction Code and other laws for any and all occupancies of
the buildings.
GG:lk
INSPECTORS
Victor Lessard �SQFFO(�C
Principal Curtislding Hortonpector =�O�' �G,y� SCOTT L.HARRIS,Supervisor
Senior Building Inspector ccZ_ Southold Town Hall
Thomas Fisher Building Inspector P.O.Box 1179,53095 Main Road
Gary Fish � • �
?� O� Southold, New York 11971
Building Inspector ��'� a Fax(516) 765.-1823
Vincent R.Wieczorek
Telephone (516) 765-1800
Ordinance Inspector
Robert Fisher
Assistant Fire Inspector OFFICE OF BUILDING INSPECTOR
Telephone (516) 765-1802 TOWN OF SOUTHOLD
1� OCT 2 3 i 991
TO: PLANNING BOARDFROM: VICTOR LESSARD, BUILDING DEPARTMENT
SUBJECT: SITE PLAN FOR JOSEPH & BETTY HARDY DATE: O,CTOBER: 23, 1991
Pre-Co done for Nickolas Kouros on- April 10, 1980 indicates
property contained a one family dwelling and two (2) retail
stores. Action to correct third (3) store required.
Violation still exists 'on conversion of accessory garage to
habitable quarters. Application to legalize same has just been
denied by Zoning Board of Appeals.
Proposed Building of 2400 square feet has insufficient.
sideyard set-back and requires favorable action from Zoning
Board of Appeals . to remain. Property's of over 20,000 square
feet require a side yard of 5' -0 up to a 39,990 square foot
property. ZBA should determine if main or accessory building.
All these conditions should be addressed before proceeding
with the site plan.
VL:gar
cc to: Zoning Board of Appeals
221991
OCT
PLANNING BOARD MEMBERS � ,� ' SCOTT L. HARRIS
y r rr�
_ -
Bennett Orlowski, Jr. m, Chairan Supervisor
George Ritchie Latham, Jr.
Richard G. Ward "� : i; Town Hall, 53095 Main Road
Mark S. McDonald `' P.O. Box 1179
Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971
Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823
19 9/
RE: Lead Agency Coordination Request
Dear Reviewer:
The purpose of this request is to determine under Article 8
(State Environmental Quality Review Act-SEQRA) of the Environmental
Conservation Law and 6 NYCRR Part 617 the following:
1. Your. jurisdiction in the action described below; .
2. Your interest in assuming the responsibilities of lead
agency; and
3 . Issues of concern which you believe should be evaluated.
Enclosed please find a copy of the proposal and a completed
Environmental Assessment Form (EAF) to ass '- t you i your respo se.
Project Name:
v /_!
S C f9j G!s ci—
Ll
Requested Action-
SEQRA Classification: ( ) Type I
( �) Unlisted
Contact Person: �/
( 51 ) -765-1938
Ij
1
The lead agency will determine the need for an environmental
impact statement (EIS) on this project. Within thirty ( 30) days of
the date of this letter, please respond in writing whether or not you
have an interest in being lead agency.
Planning Board Position:
( V This agency wishes to assume lead agency status for this action.
( ) This agency has no objection to your agency assuming lead agency
status for this action.
( ) Other. ( See comments below) .
Comments:
Please feel free to contact this office for further information.
Sincerely,
Bennett Orlowski, Jr.
Chairman
cc: "oard of Appeals
-Building' Department
Southold Town Board
,+Suffolk County Dept. of Health Services
St-GnY=B-=ok
P--'efiYSDEC - Albany
: N.Y.S. Dept. of Transportation
* Maps are enclosed for your review
Coordinating agencies
�.416-t(9I84) .
II � PROJECT I.D.NUMBER
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
/ DIVISION OF REGULATORY AFFAIRS
State Environmental Quality Review REt„-iVk1-:!> BY
SHORT ENVIRONMENTAL ASSESSMENT
For UNLISTED ACTIONS Only ���
PART I Project information (To be completed by Applicant or Project sponsor) .. E
1. Applic nt/sponsor 2. Pro' Name
Jo x 4 13 -4A-P,0
3. Project location:In/j,AI so A D r /n f}T-r? TU CX ti• .
Municipality County S . _ _
L
4. Is proposed action: j.
New ry Expansion ❑ Modification/alteration
5. Describe project briefly:
e4l7-1-V Ze rje_ f1E Fob S%G�esrGf
6. Precise location(road intersections,prominent landmarks,etc.or provide map)
INIq 41 iSb . , IVA/7-/7-a C
7. Amount of land affected t
Initially • 0 acres Ultimately • acres
8. Will proposed action comply with existing zoning or other existing land use restrictions?
® Yes ❑ No If No,describe briefly
9. What is present land use in vicinity of project?
❑ Residential ❑ Industrial ® Commercial ❑ Agriculture ❑ Parkland/open space ❑ Other
Describe:
10. Does a ion involve a permitiapproval,or funding,now or ultimately,from any other governmental agency(Federal,state or local)?
Yes No If yes,list agenc s)and permit/approvals
rovals
CJ
11. Does any aspect of the action have a currently valid permit or approval?
❑ Yes Q No If yes,list agency name and permit/approval type
12. As result of proposed action will existing permit/approval require modification?
❑ Yes No
CERT1FY THAT THE INFORMATION PROVIDED AB IS'TR OWLEDG
OVE UE TO THE BEST OF MY KNE
jApplicant/sponsor name: e)S r Pg 14 ja p, 1 Date: +1.20
Signature: _ If 112i
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
APPEALS BOARD MEMBERS ,, ��FF�(�� SCOTT L.HARRIS
Supervisor
Gerard P.Goehringer,Chairman
Charles Grigonis,Jr.
f r:, - Town Hall,53095 Main Road
a ,Serge Doyen,Jr. h �
g Y -, r vq P.O.Box 1179
James Dinizio,Jr. ��� « � Southold,New York 11971
Robert A.Villa Fax (516)765-1823
`~y } Telephone 516 765-1800
Telephone(516)765-1809ZLc P ( )
BOARD OF APPEALS
TOWN OF SOUTHOLD -
October 1, 1991
P. Edward Reale, Esq.
Twomey, Latham, Shea & Kelley
33 West Second Street
P.O. Box 398
Riverhead, NY 11901
Re: Appl. Nos. 3959SE & 3958 - Joseph and Betty Hardy
Dear Mr. Reale:
Transmitted herewith for your information and file is a copy of
the determination from the Suffolk County Department of Planning
in response to our referral under Section A14-23 of the Suffolk
County Administrative Code.
Very truly yours,
Linda F. Kowalski
Enclosure
_.�Y,� COUNTY OF SUFFOLK
fv
V�'^` PATRICK G. HALPIN
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING _- ARTHUR H. KUNZ
DIRECTOR OF PLANNING
September 26, 1991
Town of Southold
Zoning Board of Appeals
Applicant: Joseph & Betty Hardy
Mun. File No. : 3958 & 3959SE
S.C.P.D. File No.: SD-91-17
Gentlemen:
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk
County Administrative Code, the above referenced application which has been
submitted to the Suffolk County Planning Commission is considered to be a
matter for local determination. A decision of local determination should not
be construed as either an approval or disapproval.
Comments: Use of the accessory structure for residence purposes appears
inappropriate as sufficient information has not been submitted to demonstrate
compliance with applicable variance/special exception criteria. Alternative
relief appears warranted as set forth.
Very truly yours,
Arthur H. Kunz
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:mb
f
VETERANS MEMORIAL HIGHWAY `
.HAUPPAUGE. L.1.. NEW YORK 11788
(51 6)360-51 92
5 vti�
APPEALS BOARD MEMBERS SCOTT L.HARRIS
Supervisor
Gerard P.Goehrinper,Chairman
Charles Gri orris Jr. "'> .- :" r4' Town Hall 53095 Main Road
Serge Doyen,Jr. P.O.Box 1179
James Dinizio, Jr. Southold,New York 11971
Robert A. Villa BOARD OF APPEALS Fax(516)765-1823
Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800
Pursuant 't'o 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 :
Variance from the Zoning Code , Article , Section
Variance from Determination of Southold Town Building Inspector,
X Special Exception , Article IX Section 100-91B (2 ) (4)
Special Permit
Appeal No- :3959SEAPplicant: Mr. &Mrs . Joseph Hardy
Location of Affected Land : 13500 Main Road , Mattituck
County Tax Map Item No . : 1000- 114- 11-5
Within 500 feet of:
Town. or Village Boundary Line
Body of Water (Bay , Sound or Estuary)
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 Established Channel
Lines ,
or Within One Mile of a Nuclear Power Plant
Within' One Mile of An Airport .
COMMENTS: Applicant is requesting permission to permit accessory apartment
nr ,prnnd dwelling unit over stores or permit multiple dwelling use .
Copies of Town file and related documents- enclosed for your review. t
Dated : September 25 , 1991
�1
APPEALS BOARD MEMBERS SCOTT L.HARRIS
Supervisor
Gerard P.Goehringer,Chairman
Charles Grigonis,Jr. Town Hall,53095 Main Road
Serge Doyen,Jr.James Dinizio,Jr. ;`; P.O.Box 1179
Robert A.Villa
�, '.;;4 Southold,New York 11971
_ .,. •'�-
Fax(516)765-1823
Telephone(516)765-1809 '' Telephone(516)765-1800
BOARD OF APPEALS
TOWN 4 SOUTHOLD
September 25, 1991
P. Edward Reale, Esq.
Twomey, Latham, Shea & Kelley
33 West Second Street
P.O. Box 398
.Riverhead, NY 11901
Re: Special Exception No. 3959-SE and Variance No. 3958
Applications for Joseph and 'Betty Hardy
Dear Mr. Reale:
Please find attached for your records copies -of each of 'the
above determinations rendered by the Board of Appeals at our
September 12, 1991 Meeting.
Very truly yours,
Linda Kowalski
Enclosures
Copies of Decisions to:
Southold Town Building Department
Southold Town Planning Board
APPEALS BOARD MEMBERS ' ~ '''` '' 2 SCOTT L.HARRIS
Supervisor
Gerard P.Goehringer,Chairman
Charles Grigonis,Jr. `
Town Hall,53095 Main Road
Serge Doyen,Jr. P.O.Box 1179
James Dinizio,Jr.
j Southold,New York 11971
Robert A.Villa
Fax(516)765-1823
Telephone(516)765-1809 1� Telephone(516)765-1800
{
BOARD OF APPEALS
TOWN Off'SOUTHOLD
ACTION OF THE BOARD OF APPEALS
Appl. No. 3959-SE (as AMENDED by January 10, 1991 letter from
the applicants' attorney) .
Application of JOSEPH AND BETTY HARDY for a Special
Exception to the Zoning Ordinance as authorized by Article XXIX,
Section 100-91B( 2) to grant approval for a multiple dwelling.
.Location of Property: 13500 Main Road, Mattituck, NY; County
Tax Map No. 1000-114-11-5. Zoning District: Hamlet-Business
(HB) .
WHEREAS, a public hearing was held on August 15, 1991, and
at said hearing, all those who desired to be heard were heard
and their testimony recorded; and
WhEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. By this application, applicants request a Special
Exception for conversion of the existing dwelling structure to a
two-family dwelling use (from single-family status) , located in
' the "two sty fr. house" depicted on the survey prepared by
Peconic Surveyors & Engineers, P.C. dated July 29, 1988.
2. The premises in question is located along the south
side of the Main Road (State Route 25) in the Hamlet of
Mattituck, Town of Southold, and is identified on the Suffolk
County Tax Maps as District 1000, Section 114, Block 11, Lot 5.
3 . The subject premises is improved with the following
structures:
(a) one-story concrete block building with retail
occupancies by three tenants (pizza parlor, personal service,
and office area for Hardy Plumbing & Heating) . This building
preexists zoning and has nonconforming setbacks in the front and
side yards;
Plage 2 - Appl. No. '59-SE
Matter of JOSEPH A14ll BETTY HARDY
Decision Rendered September 12, 1991
(b) accessory 20. 4 ft. by 30. 3 ft. garage/storage
structure, located in the rear yard area, which was renovated in
or about 1988, without permits and proper approvals, to a
pet-grooming (personal service); use and shortly thereafter
converted, again without town permits and all proper approvals,
into a dwelling;
(c) two-story frame house, which is connected to the
front business building by a deck.
4. It is noted that the front building and two-story frame
house structure (now attached .to the front building by a deck)
was on April 10, 1980 issued a Preexisting Certificate of
Occupancy ( #Z9919) showing both structures and land to be used
for single-family dwelling use and two retail occupant uses,
respectively, which are shown to have been existing prior to the
enactment of zoning in April 23 , 1957 .
5. The parcel is nonconforming in total lot area for the
multiple (mixed) uses in this nonresidential zone district, as
well as substandard parking and screening. The nonconformi-
ties for the total lot area are appropriated as follows for
clarification:
(a) the total lot area of this parcel is 21,906 sq.
ft. , of which one of four units may be authorized or in
conformity, to wit: 20,000 sq. ft. per dwelling unit or per
nonresidential unit.
(b) since more than one unit has existed, that is,
one established single-family dwelling at 20,000 sq. ft. without
community water or sewer and three ( 3) business and/or office
units at 20 ,000 sq. ft. minimum per unit; the total required
for these four occupancies are 80',000 sq. ft. of lot area. (See
"Density and Minimum Lot Size Schedule for Nonresidential
Districts" ) ;
(c) the total area required for four legally
established occupied units, plus this single dwelling unit {five
units total} is 100,000 sq. ft. ( 20,000 sq. ft. x 5 units) ;
(d) the increase in the degree of nonconformance is
20,000 sq. ft. over the existing legally established
nonconformities of area and density (the sixth unit for the
accessory dwelling/cottage structure in the rear would further
increase the nonconformity) . The accessory building in the rear
may be permitted only as an accessory building and may be used
only customarily incidental and subordinate to the main use on
this lot, and not as a dwelling unit with cooking or
housekeeping facilities. (For the record, it is noted that by
separate application, also this date, this Board denied the area
and use variance requested for conversion from an accessory
f Page 3 - Appl. No. i9-SE
Matter of JOSEPH AND BETTY HARDY
Decision Rendered September 12, 1991
storage/garage structure to a sixth principal unit (for dwelling
occupancy) .
6 . Article XXIX, Section ;100-91(B2) of the Zoning Code
authorizes by Special Exception approval from this Board and
site plan approval from the Planning Board the following:
. . .B. . . 2. Multiple dwellings and townhouses.
7 . Article XXIX, Section 100-92, Bulk, area and parking
regulations permits such use only when the same conforms to the
Bulk Schedule and Parking and Loading Schedules (of the Zoning
Code) with the same force and effect as if such regulations were
set forth herein in full, and in this Hamlet-Business (HB) Zone
District, a minimum' of 20,000 sq. ft. is required per dwelling
unit and per business or office unit. The total uses, together
with this Special Exception for a second unit over the existing
dwelling unit, amounts to five, inclusive of one existing
retail; one existing business; one existing office; one existing
dwelling; for five total units or 100,000 sq. ft. ( 20,000 sq.
ft. x 5 units) . Simultaneously herewith, this Board has
granted alternative relief for this second dwelling unit in the
two-story dwelling structure, in an area variance application
made by the applicants. The alternative relief limits the
amount of the variance approval up to 20,000 sq. ft. in order to
authorize this single dwelling unit. (The relief requested by
the applicants was for two additional units, and the relief as
requested was denied by the Board. )
8 . In considering this application, the Board also finds
and determines: (1) the proposed use will not prevent the
orderly and reasonable use of adjacent properties or of
properties in adjacent .use districts; ( 2) the use will not
adversely affect the safety, welfare, comfort, convenience, or
order of the Town; (3 ) the use is in harmony with and will
promote the general purposes and intent of zoning. The Board
has also considered subsections (A) through (P) of Article XXVI,
Section 100-264 of the Zoning Code.
Accordingly, on motion by Mr. Villa, seconded by
Mr. Dinizio, it was
RESOLVED; to GRANT a Special .Exception, authorizing the
addition of a second dwelling unit in the existing two-story
frame house, (commonly referred to as a "two-family dwelling")
in this Hamlet-Business (HB) Zone District, and subject to the
following CONDITIONS:
1 . Compliance with the following zoning code
requirements:
.� Ft[ge 4 - Appl. No. 9-SE
Matter of JOSEPH AND BETTY HARDY
Decision Rendered September 12, 1991
(a) Site Plan approval by the Southold Town Planning
Board, which Board may require more stringent parking
requirements than the conditions stipulated below concerning the
Special Exception; I
(b) accessory structure must revert back to an
accessory use with removal of all cooking and housekeeping
plumbing facilities {electrical utilities for lighting purposes
will be permitted to remain} ;
(c) accessory structure shall not be permitted for
office use or any business or separate rental/profitable use,
and shall be permitted for garage and/or dead storage purposes
only;
2. Two parallel parking spaces to be painted in front of
the retail business building for vehicles traveling in an
easterly direction (to park facing the east) ;
3 . A printed sign to be placed at the front of the
business building directing all vehicles to "PARK IN THE REAR. "
4. Before issuance of a Certificate of Occupancy or other
documentation, acceptance and final inspection concerning the
above conditions shall be made by the Board of Appeals, or
member thereof.
Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and
Villa. (Absent were Members Doyen and Grigonis. ) This
resolution was duly adopted.
lk
Z-6—ER—ARD P. GOEHRI GER, CHAjPMAN
APPEALS BOARD MEMBERS OF®Ce�� SCOTT L.HARRIS
{ Supervisor
Gerard P.Goehringer,Chairman
Charles Grigonis,Jr.
Serge Doyen,Jr. of Town Hall,53095 Main Road
P.O.Box 1179
+-' > n r
James Dinizio,Jr. �. •� -..4 , ,••� •� �f
Robert A.Villa � " '' �' ` Southold,New York 11971
Fax(516)765-1823
Telephone(516)765-1809 Y .= Telephone(516)765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
ACTION OF THE BOARD OF APPEALS
APP1. No. 93 5:8_:�
Application of JOSEPH AND BETTY HARDY for a variance to the
Zoning Ordinance as authorized by Article IX, Section-`t0r0-92 for
.permission to increase the degree of nonconformance of the lot
area for the establishment or approval of a second dwelling unit
in an existing dwelling structure and for the establishment or
approval of a third dwelling unit in the rear, accessory
building, both in conjunction with multiple business uses and
existing single-family residental unit of this parcel. Location
of Premises: 13500 Main Road, Mattituck, NY; County Tax Map
No. 1000-114-11-5. Zoning District: Hamlet-Business. (HB) . The
subject parcel is nonconforming in .this Hamlet Business (HB)
Zone District containing approximately one-half acre of total
lot area.
WHEREAS, a public hearing was held on August 15, 1991, and
at said hearing, all those who desired to be heard were heard
and their testimony recorded; and
WhEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. By this application, applicants request area
variances:
(a) for approval of conversion of the existing
two-story dwelling structure as a two-family dwelling {by the
addition of a second dwelling unit located over the existing
dwelling unit) , and
(b) for approval of use of the rear 20 ft. x 30 ft.
one-story (accessory) building as a single family dwelling, in .
conjunction with the existing one retail business unit, one
personal service unit, one office use, one dweling unit, and
proposed second dwelling unit, for a total of six occupied units.
Page 2 - Appl. No. 8 - V
Matter of JOSEPH AND BETTY HARDY
Decision Rendered September 12, 1991
2 . The premises in question is located along the south
side of the Main Road (State Route 25) in the Hamlet of
Mattituck, Town of Southold, and is identified on the Suffolk
County Tax Maps as District 1000, Section 114, Block 11, Lot 5..
3. The subject premises is improved with the following
structures:
(a) one-story concrete -block building with retail
occupancies by three tenants (pizza parlor, personal service
(tatoo application) , and office area for Hardy Plumbing &
Heating) . This building preexists zoning and has nonconforming
setbacks in the front and side yards. ;
(b) accessory 20. 4 ft. by 30. 3 ft. garage/storage
structure, located in the rear yard area, which was renovated in
or about 1988 without permits and proper approvals into a
pet-grooming (personal service) use and shortly thereafter
converted, again without town permits and proper approvals, into
a dwelling;
(c) two-story frame house, which is connected to the
front business building by a deck.
4. It is noted that the front building and two-story frame
house structure (now attached to the front building by a deck)
was on April 10, 1980 issued a Preexisting Certificate of
Occupancy ( #Z9919) showing both structures and land to be used
for single-family dwelling use and two retail occupant uses,
respectively, all of which are shown to have- been existing prior
to the enactment of zoning in April 23, 1957.
5. The parcel is nonconforming in total lot area for the
multiple (mixed) uses in this nonresidential zone district, as
well as substandard parking and screening. The nonconformi-
ties for the total lot area are appropriated as follows for
clarification:
(a) the total lot area of this parcel is . 21,906 sq.
ft. , of which one of four units may be authorized as a
conformity, to wit: 20,000 sq. ft. per dwelling unit or per
nonresidential unit;
(b) since more than one unit has existed, that is,
one established single-family dwelling without community water
or sewer at 20,000 sq. ft. , and three ( 3) business and/or office
units at 20,000 sq. ft. minimum per unit; the total required
for these four occupancies are 80,000 sq. ft. of lot area. (See
"Density and Minimum Lot Size Schedule for Nonresidential
Districts" ) .
Page 3 - Appl. No. 8 - V
Matter of JOSEPH AND BETTY HARDY
Decision Rendered September 12, 1991
5. (c) the total area required with the four legally
established occupied units, plus the two proposed units, is
120,000 sq. ft.
W . the increase in the degree of nonconformance is
40,000 sq. ft. over the existing nonconformities of area and
density, or 20,000 sq. ft. for each of the two additional
proposed dwelling units. (Ref: Density and Lot Area Schedule
as applies to the HB Zone) .
6. For the record, it is also noted that accessory
buildings are defined under Section 100-13 of the Zoning Code to
be:
. . .A building or structure detached from a
principal building located on the same lot.
as and customarily incidental and subordinate
to the principal building. . . .
Although there is no record of a valid building permit or
certificate of occupancy for this 20' x 30' rear building, the
building as exists may be permitted only as an accessory
building and may be used only customarily incidental and
subordinate to the main use on this lot, and not as a dwelling
unit with cooking or housekeeping facilities. K use variance
is also being requested for the conversion of an accessory use
to a principal dwelling use.
7. The conversion of the accessory building to a principal
dwelling is not permitted by Special Exception as noted in the
above paragraph and is not a multiple dwelling or townhouse, and
also is not an apartment over a retail store or business
office. {For the record, Article XXIX, Section 100-91(B2 & 4) )
of the Zoning Code authorizes by Special Exception approval from
this Board and site plan approval from the Planning Board the
following:
. . .B. . . 2. Multiple dwellings and townhouse;
4. Apartments over retail stores and business
office, subject to conditions (a through f) . )
8. Under same date hereof, this Board has authorized by
Special Exception with conditions, conversion of the main
two-story dwelling structure from single-family to two-family
use. (See decision under Appl. No. 3959-SE) .
9. Article XXIX; Section 100-92, Bulk, Area and Parking
regulations permit these uses only when the same conform to the
Bulk Schedule, Parking and Loading Schedules (of the Zoning
Code) with the same force and effect as if such regulations were
set forth herein in full. It is clearly provided that in the
Hamlet-Business (HB) Zone District, a minimum of 20,000 sq. ft.
Page 4 - Appl. No. 8-V
Matter of JOSEPH AND BETTY HARDY
Decision Rendered September 12, 1991
of land area is required per dwelling unit and per business or
office unit. The allowable uses, together with the Septem- .
ber 12, 1991 conditional Special Exception permit for a second
unit over the existing dwelling unit, amount to five (inclusive
of one existing retail; one existing business; one existing
office; one existing dwelling; for five total units or 100,000
sq. ft. ) {20,000 sq. ft. x 5 units) .
10. In considering the variances requested for the two
additional units, it is the position of the Board that:
(a) it is the burden of the landowners to prove that
the area restrictions as applied to their land imposes
"significant economic injury" ; and the burden of proof has not
been substantiated;
(b) the relief requested for a variation of 40,000
sq. ft. of land area for the two requested units is substantial
in relation to the requirements, being a variance of 300% of the
requirements, and more than 100% of a variance over the -existing
lot area/density nonconformities;
(c) the difficulties claimed are not sufficient to
warrant a grant of the relief requested;
(d) there will be an adverse effect of increased
dwelling density produced on available governmental facilities
by the creation of two dwelling units, in addition to those uses
legally established;
(e) ' there will be an adverse effect on the character
of the neighborhood and the grant of the variances requested
will in effect establish a zone district at odds with all other
zone districts provided for in the zoning code;
(f) the variances, if granted as requested, will in
turn cause a substantial effect on the Safety, health, welfare,
comfort, convenience, and order of the town;
(g) in view of the manner in which the difficulty
arose and in consideration of all the above facts, the interests
of justice will be served by denying the variances as
requested.
ACCORDINGLY, on motion by Mr. Villa, seconded by
Mr. Dinizio, it was
RESOLVED, to DENY the variance for increased dwelling unit
density and insufficient lot area applicable for each of the two
units, as requested; and BE IT FURTHER
" Page 5 - Appl. No. i8 - V
Matter of JOSEPH AND BETTY HARDY
Decision Rendered September 12, 1991
RESOLVED, to GRANT alternative relief for the additional
one dwelling unit in the existing two-story dwelling structure,
for establishment of a two-family dwelling use, subject to the
following CONDITIONS:
1. Compliance with all zoning code requirements, including
but not limited to the following:
(a) Site Plan approval by the Southold Town Planning
Board, which Board may require more .stringent parking
requirements than the conditions stipulated below concerning the
Special Exception;
(b) accessory structure must revert back to an
accessory use with removal of all cooking and housekeeping
plumbing facilities {electrical utilities for lighting purposes
will be permitted to remain} ;
(c) accessory structure shall not be permitted for
office use or any business or separate rental/profitable use,
and shall be permitted for garage and/or dead storage purposes
only.
2. Two parallel parking spaces to be painted in front of
the retail business building for vehicles traveling in an
easterly direction (to park with vehicles facing east) ;
3 . A printed sign to be placed at the front of the
business building directing all vehicles to "PARK IN-THE REAR."
4. Before issuance of a Certificate of Occupancy or other
documentation, acceptance and final inspection concerning the
above conditions shall be made by the Board of Appeals, or
member thereof.
Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and
Villa. (Absent were Members Doyen and Grigonis. ) This
resolution was duly adopted.
1 k
ZGERARD P . GOFnINGER, HAIRMAN
4 - Appl. No. 9-SE
.er of JOSEPH AND BETTY HARDY
vision Rendered September 12, 1991
(a) Site Plan approval by the Southold Town Planning
Board, which Board may require more stringent parking
requirements than the conditions stipulated below concerning the
Special Exception;
(b) accessory structure must revert back to an
accessory use with removal of all cooking and housekeeping
plumbing facilities {electrical utilities for lighting purposes
will be permitted to remain); ,
(c) accessory structure shall not be permitted for
office use or any business or separate rental/profitable use,
and shall be permitted for garage and/or dead storage purposes
only;
2. Two parallel parking spaces to be painted in front of
the retail business building for vehicles traveling in an
easterly direction (to park facing the east) ;
3 . A printed sign to be placed at the front of the
business building directing all vehicles to "PARK IN THE REAR. "
4. Before issuance of a Certificate of Occupancy or other
documentation, acceptance and final inspection concerning the
above conditions shall be made by the Board of Appeals, or
member thereof.
Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and
Villa. (Absent were Members Doyen and Grigonis. ) This
resolution was duly adopted.
lk
GERARD P. GOEHRI GER, CHAI AN
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE %/ fc�� HOUR 'S A
Town Clerk, Town of Sout d
FORM NO.4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Clerk's Office
Southold, N.Y.
Certificate Of Occupancy
No. . . . . .Z9919. . . . . . Date . . . Apr41. .1 Q. . . . . . . . . . . . . . . . . . .. 19 .60
THIS CERTIFIES that the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . .
Location of Property 13500 & 1.3550 Main Road . Mattitug4, . N.Y,
H ouse o. Street Hamlet
County Tax Map No. 1000 Section . . . . 114 , , , ,Block . . . .1 . . . . . . . . .Lot . . . . .005 . . . . . . . .
Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Filed Map No. . . . . . .Lot No.
requirements for residential and commercial hiiiidings
conforms substantially to the
built prior to Certificate of Occupancy
. .April. 2.3 . . . . . . . . . . 1 T)7. . pursuant to which DUMDEF00=15M. . . . . . . . . .Z9919. . . . . .
dated . . . . . April. .10. . . . . . . . . . . . . 19$0 ,was issued, and conforms to all of the requirements
of the applicable provisions of the law. The occupancy for which this certificate is issued is .4. pirigle
plug.W.0 .rota jl. i3.t4reA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The certificate is issued to . . . . . . . . .N!Pkol$s, XQurOs . . . . . . . . . . . . . . . . . .
(owner, E� ba�QC
of the aforesaid building.
Suffolk County Department of Health Approval . . . . . . . . . . .N/R . . . . . . . . . . . . . . . . . . . . . . . . . . .
UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . .N/R . . . . . . . . . . . . . . . . . . . . . ..
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Building Inspector
Rev 4/7s
TW0IIEY, LATHA�I, SHEA & KELLEY
ATTORNEYS AT LAW
33 WEST SECOND STREET
1 P.O.BOX 398
THdMAS A.TWOMEY.JR. ItIVERHEAD, NEW Y ORK 11901
STE'HEN B.LATHAM _
JOHN F.SHEA,III 516-727-2180
CHRISTOPHER D.KELLEY
LAWRENCE M.STORM• TELEFAX:516-727-1767 9 NORTH MAIN STREET
MAUREEN T.LICCIONE EAST HAMPTON,N.Y.11937
DAVID M.DUBIN 0 516-324-1200
P.EDWARD REALE
PETER M.MOTTt
HERMON J.BISHOP
LISA C.KOMBRINKC September 6, 1991
MARY C.CRONIN
JOAN C.HATFIELDD �r� _ I
MICHAEL A.SIRIGNANO l+ 1�: I_a D \fi 1 fR�f
•NY,CT&FL BARS
O NY BLA BARS
t NY&MD BARS
D NY&CT BARS i :i•�` i
Gerard Goehrin er Jr. Chairman '� 11
Southold Town Zoning Board of Appeals � ±
Town Hall `----
Main Road
Southold, New York 11971
Re : --Application of Joseph and Betty Hardy
Mattituck, New York
Dear Mr. Goehringer:
Enclosed please find two prints of the survey showing
the lot coverage calculation that was requested at the
public'_he,aring on the above-referenced application.
if you require anything further, please call .
Very truly yours,
P. Edward Reale
PER:JML
Enclosures
Page 27 - August 15 , 1991
Public Hearing - Lawrence Cervon
Southold Z.B.A.
MR\..MCDERMOT, cont'd: also made the/15bint that the Cervon
buildings existing and proposed prObably would not, states
they 'would not exceed the 20% al wable site coverage. But,
if all this construction whicO at the south end of the
propert were considered I th' very likely that would cover
about per ,aps 35 to 40% of t ' south end of the property.
And I am s e in any event e addition would contribute to a
cramped and ver built app arance no matter how good the
taste is the chitects stes and design could be fine,
however, it wou d be pu ed to the limit. Now point four,
Mr. Samuels made hat is addition should have no effect on
our future plans o p operty or value property. Well that
may be his opinion. My opinion is the opposite. It would
have an effect. H a o states that the addition would
improve the value f e ' sting properties. Well, I'm sure you
good gentlemen m' ght giv it a little thought, perhaps,
something along the line Joyce Killman. Something about
the beauty of tree. Well I assure you at least for me,
that no struc ure no matter w fine it is, would satisfy me
more than to king at the bay. Thank you gentlemen.
CHAIRMAN EHRINGER: Thank you McDermot. Is there
anybody se who would like to spea against this
applica ion? Any questions from Boa Members? Hearing no
furthe questions I make a motion clos' g the hearing
reser ing decision until later.
Al in Favor - AYE.
Appl. No. : 3958, 3959
Applicant(s) : Mr & Mrs Joseph Hardy
Location of Property: 13500 Main Road, Mattituck, NY
County Tax Map No. : 114-11-5
The Chairman opened the hearing at 8:55 pm and read the
notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of a survey indicating
produced by John T. Metzker, land surveyor the most recent
date I have it as May 14, 1991 indicating the cement block
building with approximately three stories, two used for
retail use, one an office, business office, a house with two
apartments, a framed cottage in the rear that with an
apartment in it. I should mention for the record that this
Board did view these premises last year and we and I
would ask the attorney for the applicant. Would you like to
be heard?
MR REALE: Good evening Members of the Board. My name is Ed
Reale, attorney for the applicants, Joseph and Betty Hardy.
t
Page 28 - August 15, 1991
Public Hearing - Mr & Mrs Joseph Hardy
Southold Z.B.A.
MR REALE, cont'd: As Mr. Chairman had mentioned this
property is located in the town' s hamlet business district.
It' s on the south side 'of the Main Road just to the east of
the large turn in the middle of Mattituck. It' s in probably
the most intensely developed part of maybe the whole Town of
Southold. All of this is clear from the record that' s in
front of you and it' s on the survey. All of the buildings
that are currently on that site from which you've seen all
pre-exist zoning in the town. There' s a certificate of
occupancy that indicates that all these structures were there
prior to 1957 when zoning was enacted in the Town of
Southold.
CHAIRMAN GOEHRINGER: The structures, but not the uses in the
structures.
MR REALE: Yes, that's correct.
CHAIRMAN GOEHRINGER: Okay.
MR REALE: The buildings themselves. Nothing new has been
built.
CHAIRMAN GOEHRINGER: Nor was the nature of this application
that storage building in back is that correct?
MR REALE: That's correct.
CHAIRMAN GOEHRINGER: Sorry.
MR REALE: The reason we' re here tonight is the Hardy' s are
seeking permission to essentially legitimize the continued
use of the house which has two apartments in there and the
cottage structure that' s in the back in the rear of the-
property which is a small apartment as well. It' s a
residence, a one bedroom residence. The reason we have a
special exception application in as well as a variance is
that in this hamlet district under provisions of 91B4 of the
town code we have a special exception that is permitted from
the town for apartments above stores or above offices. This
application would meet all of those requirements as set forth
as you know special exception, a special permit all is
necessary for the applicant to do is to meet the standards in
order to be granted that permit. In that department, we
qualify for the special permit, we are not detached by the
few feet it is from the store, it' s in fact directly behind
the store, which is the only thing that raises a question
whether it can be the special exception permit or not. where
as the apartment just moved over the store or is connected it
would meet the special exception requirements for that part
Page 29 .- August 15, 1991
Public Hearing - Mr & Mrs Joseph Hardy
Southold Z.B.A.
MR REALE, cont'd: of it. The apartment in the back rather
the cottage that' s in the back is also it' s been there for
many, many years pre-existing zoning. The I ' ll have Mr.
Hardy is here tonight explain to you further what' s been done
to the cottage and some history of the cottage but prior to
that again, I make it very clear that this pre-exists zoning,
it was already- there. It was separate water disposal sewage
system for each structure for separate well systems for both
the cottage and the two apartment house that' s in the front.
As far as what surrounds this property, I 'm sure everyone
here is familiar with what' s on the Main Road it' s for
everyone to see to the, immediately to the west of this
property there' s quite a large office retail complexes, it
appears to me to cover the entire lot with either parking or
a store is quite a larger bigger than the subject
application. Immediately to the east is a southwestern
restaurant it' s a house that' s converted to a restaurant with
an apartment above it. Across the street there's a liquor
store and some offices and dry good other business uses,
business type uses. The entire area is very intensely
developed. I submit one copy of the town zoning code that
from that area that indicates the sizes of the lots and
intensely developed it is. This lot is not really any
different than any of the other lots there as far as the size
and the amount of development in the area.
CHAIRMAN GOEHRINGER: Thank you sir.
MR REALE: So in effect there's not going to be any problem
with the neighbors here it' s not a situation where having
some business uses in an area that' s going to impinge upon a
residential district. Additionally as far as the special
exception concept goes I think it' s very clear that the
spirit and the intend that the town had in creating that was
to make. some rental housing available without the need for
developing land. I think this fits very nicely into that.
They' re two small apartments into both each one bedroom. You
have the floor plans in the file. It' s certainly within the
spirit of that. It doesn' t create any new structures, it' s
not anymore intensely developed then if you had a large
family, one family house. I think that' s very much with
keeping with the concept of this special permit for an
apartment. The cottage in the back is also very small it' s a
one bedroom upstairs, it' s two stories, but it' s a bedroom
upstairs and just a living space down below.
CHAIRMAN GOEHRINGER: Are all three structures rented, are
they being used now, I mean the Hardy' s were kind enough to
take us in the, actually we went in all three at one time
last year when, I think there was even snow on the ground
Page 30 - August 15, 1991
Public Hearing - Mr & Mrs Joseph Hardy
Southold Z.B.A.
CHAIRMAN, cont'd: that day, I don't remember if it was this
year or last year it doesn' t really make any difference but
one of the apartments was not rented at the time. But they
are all rented now?
MR REALE: Yes. Furthermore on the survey that' s in the file
you will note that there' s an area that hasn't all been
some of it' s open in the back. It' s all been out there for
parking, there' s certainly more than enough off street
parking to accommodate the small structure, the small
residential structures as well as the stores and office that
are there. According to our surveyor there' s room for 19
cars on the lot. That's more than adequate for three small
apartments, it' s certainly more than' the code calls for. For
three small apartments as well as the stores that are there.
I 'd like to ask Mr. Hardy to tell you a little bit about the
history of the house, application that you have.
MR HARDY: Good evening.
CHAIRMAN GOEHRINGER: How do you do?
MR HARDY: I have some pictures of the existing structures
before we started that I 'd like to present here.
CHAIRMAN GOEHRINGER: Approximately, was this just after you
purchased the property Mr. Hardy?
MR HARDY: Yes. I purchased that from Charlie Zahra in 1987.
At the time, I was told that there would not be a problem
getting a c/o on the cottage. I went to the Building
Department, got a building permit explained to Mr. Lessard
exactly what we were going to do with the property. He
advised me that I was going to have to come before the Board
to get an approval on the cottage. And I ended up investing
over $200,000 in the property and set up the apartments and
what I understand the zoning had changed from single family
to two family during that time I think in 1988, so we made an
apartment upstairs and between the mortgage and the taxes and
everything else I kind of structured it so that I would break
even on the property. As far as interior; as you know, we
redid kitchens, carpeting, the whole outside of the little
buildings, new roofs, roof on the front building,
new heating systems, new cesspools, and whatever site work
needed to be done.
CHAIRMAN GOEHRINGER: Is there presently a c/o on the main
dwelling? Not that, for what a one family house?
MR HARDY: Yes.
Page 31 - August 15, 1991
Public Hearing - Mr & Mrs Joseph Hardy
Southold Z.B.A.
MR REALE: Here' s the current c/o.
CHAIRMAN GOEHRINGER: That' s a copy for us? Thank you.
I
MR REALE: Yes.
CHAIRMAN GOEHRINGER: Is there anything, sorry Mr. Hardy, is
there anything else you would like to add?
MR REALE: No. What was, was there a two family in the. . . .
MR HARDY: Originally from what Charlie had told me it was,
there were two families in there before two families were
legal and I think there was a complaint or something about it
and the Board or somebody went in and he had a kitchen
upstairs and a kitchen downstairs but he rented to one family
at that time. When I purchased the property there was a pet
grooming which was commercial and I was advised by the
Building Department that that was definitely not legal and I
should have them move to another location.
MR REALE: And that was in the cottage.
MR HARDY: Right. That' s correct.
MR REALE: Now what was the cottage structure like then when
you bought it?
MR HARDY: The cottage was set up as an apartment. The pet
grooming just left it as an apartment with a refrigerator,
kitchen, cesspool, well and fully carpeted. And we just went
inside and did renovations to the structure.
CHAIRMAN GOEHRINGER: And you' re asking us again to
legitimize three retail, quasi business retail stores and
three apartments, is that correct?
MR REALE: Well.
CHAIRMAN GOEHRINGER: Two in the house and the rear one?
MR REALE: Currently there' s a c/o for the three retail
stores, that' s not an issue.
CHAIRMAN GOEHRINGER: I understand. No I 'm not making it an
issue, but I 'm just trying, it being all encompassing anyway.
Okay, go ahead.
MR REALE: Yes ultimately what we'd like is approval for the
second apartment in the house and the cottage in the back
r
Page 32 - August 15, 1991
Public Hearing - Mr & Mrs Joseph Hardy
Southold Z.B.A.
MR REALE, cont'd: which was apparently a cottage many years
ago as well. Mr Hardy, whom I know is a plumber, tells us
that the plumbing in that cottage is about 20 years old or
older. So that was used as aniapartment, he bought it as
such to legitimize that as well I think that, to obtain
approval so that can be used as a residence. So there would
be one residence in the back and a two family house and a
special exception however the Board wants to look at that.
That the second apartment was in the house. Now this doesn't
require adding anything to the house. As it has always been
configured, just a wasted item inside, internally. As you
can see from those photographs, there' s been enormous
improvement that piece of property, I stopped by there again
tonight to look at it. It' s a big improvement over what use
to *be there and I think it actually adds a little something
to part of the town, part of Mattituck it.'. s kind of marginal.
I mean there' s some vacant pieces there and there' s a piece
next door that' s been cleaned up. It looks nice. I think it
actually adds something to that area. As you know very often
you find when that happens it has a domino effect. There are
some other pieces there aren't looking quite so good I think
this has a positive impact. I don' t see how it would have
any effect on the neighbors or on the neighborhood in general
other than positive effect. The Hardys were presented with
this as kind of a given assuming that this all could be taken
care of, it was all there. The yard was adequate, septic was
adequate, the water. I don't see any reason why
request to get a building permit.
CHAIRMAN GOEHRINGER: I ' ll .see if the Board has any
questions. Do you gentlemen have any questions on this
applicant?
MEMBER VILLA: What' s the percentage of lot coverage?
CHAIRMAN GOEHRINGER: I don' t know if it was calculated, Bob,
hamlet business district. Let' s see. It' s not shown on,
let' s see, I don't see it indicated here. It doesn' t appear
to be, do you have it?
MR REALE: I don't want to take a guess but I can have the
surveyor supply you with that.
CHAIRMAN GOEHRINGER: Supply us with that. This is a very
difficult situation in the respect that we, there' s no doubt
you have spent a lot of money on this property, Mr. Hardy,
we had discussed this the day that we met with you. I mean
we' re aware of that situation. Having lived in Mattituck
most of my life, summers, coming out here since 1948, I was a
year old and certainly well aware of what existing there and
Page 33 - August 15 , 1991
Public Hearing - Mr & Mrs Joseph Hardy
Southold Z.B.A.
CHAIRMAN, cont'd: how Nick Kouros built it and what existed
prior to Charlies first, before Charlie Zahra owned, Gene
Gioni owned, along with the tavern next store and then he
sold it to Charlie Zahra and then Charlie Zahra sold it to
you. For the life of me and for the record I never new that
back cottage to have anything more in it then Mr. Kouros was
in the camera business and the back cottage to my knowledge
or that back garage which I new to be a peck room was simply
was a dark room and he used it for his camera supplies. The
store he had was relatively small and that was my knowledge
that he used that for. I had no idea how the second
apartment got into the front house or to what degree it got
in. All I can tell you is the Kouros were a fairly small
family and I didn't think they utilized that entire house
themselves. And that' s all I can pretty much tell you about
it. But I remember since the late 50' s early 601s. I've
been living out here permanently since 1964, 65 and spent a
lot of time every week at the Bohack of course is the
building to the west side which is now the bicycle shop, the
insurance agency and so on and so forth and that' s all I can
pretty much tell you. But we' ll see what we can do for you
that' s all we can do. We appreciate you coming in.
MR HARDY: Okay. I appreciate it.
CHAIRMAN GOEHRINGER: We appreciate all your help and we
thank you Mr. Reale.
MR REALE: Okay. Thank you very much.
CHAIRMAN GOEHRINGER: Pleasure meeting you sir. Is there
anybody else who would like to speak concerning this
application? Seeing no hands I make a motion closing the
hearing reserving decision until later.
All in Favor - AYE.
u v V h Jo s e 9 Beat
o _ � p y HaAd y
132 Fi6hcove Rd.
Southampton, NY 11968
` U 1V
\ August 16,
Southotd Town Pang Board
Town HaUjG 2
Southotd, NY 11971 L �IJ
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i
Dears Membetrs o6 the Boa&d:
We arse wAit ing this tette& to thank you jot your time and kind cons idetat.ion
at the August 15th meeting whe&e.in out propetty at 13500 Main Road, Matt.ituck ways
tev.iewed. we undetustand and apptec iate youA conce " about this situation.
There ate a 4ew points conceAning the ptapetty that we beet it necezza&y to
etabotate on and hope that you w,cU aU weigh these points be4ote tendering youA
deciz.io n.
As you ate agate, when we putcha�sed this pxopenty •4tom Mt. Zahne .in 1987,
the buitd.ing,s and grounds were .in ditie need o-j -tenovation. The house was an
unkept roach .in4ested dump occupied by at te"t jive untetated adutts. The cottage
was being used as a pet gtooming paAtot.
1
By secut.ing an equity taan on out home .in excess of $125, 000.00, we were abte
to make the much needed improvements on the states, the house and the cottage. In
doing 'so, not onty have we.made a positive ,impact on the area but also ptov.ided there
except.ionatty nice tiv.ing spaces at tea�sonabte tentat tates, .in an area where decent
aj otdabte apa&tments ate not euity.obtained. CutAentty, there tis a young couple
tes.iding .in the cottage, a s.ingte man in the down�staiAZ o6. the house, and a singte
man .in the upstiafus o- the house. Att ate estabt.ushed and content .in clean wePt-
kept apantmen t�s.
We pride outs etves on maintaining this. pto petty to the utmost, and to this
paint have spared no expense .in doing so. Improvements were made onty to
struc tu&es that were existing and ,in use at the time o 4 out putchas e o6 the
pto petty. We were .led to bettiev e that these were tegit imate and acceptabte uses.
The extent of out expend.itu&e jot imptavements was based on ptofected tenta2
.income produced by aP.t pre-existing dwettings. It was never out .intent to aver-
step any zoning at usage testtic ti onz. Out .intent was simpty to invest .in d. piece
o6 teat estate, improve it to the bene6 t o6 aP.e concerned, break even on the
expenses bor the time being and hopebu ty, dawn the toad, see it bu.i td some
equity 4ot out 4amity's jjuture. Live the "Otd American Dream" as they say.
As it stands now, out mortgage payment, equity .loan payment, taxes and
maintenance fees total $63, 000.00 ptus pet yea&. The tentae .income 4ot the
three stores and the three apattment6 total $53, 000.00 pet year ptov.iding there
.us JuU occupancy as we have cuAAentty.
i
Then.eJone, to toys e even one ten tad. wou.td s en io�sty f eo pandize oUA ability
to ca uy what is afteady a heavy 4 inanc iat burden.
We s.inceAety hope that, a6ten catejut cons idenati,on and %ev,iew o4 the bejone
and a etc_pho�y-gnaph s (.included henew,i th) o b the pu peh ty " weal ass the 6acts
pxmented at the heaAi.ng along with out cmAent 6inancial situation and
,sentiments exptused in this .tetten, you wite grant our appticat on Jon the
ups ens &eque�sted.
Thank you Fii,ndty.
S.incenet y,
Joseph and Betty Haxdy
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TWOMEY, ]L NTH AM, SHEA cti KELLEY
ATTORNEYS AT LAW
33 WEST SECOND STREET
P.O.BOX 398
RIVERHE AD. \ENV YORR 11901
THOMAS A.TWOMEY.JR.
STEPHEN B. LATHAM
516-727-2180
JOHN F.SHEA.III
CHRISTOPHER D.KELLEY TELEFAX: 516-727-1767 9 NORTH MAIN STREET
LAWRENCE M.STORM, EAST HAMPTON,N.Y.11937
MAUREEN T.LICCIONE 516-324-1200
DAVID M.DUBIN-
P.EDWARD REALE
PETER M.MOTT+
HERMON J.BISHOP
LISA C.KOMBRINK
*ALSO ADMITTED IN CONNECTICUT September 13, 1990
AND FLORIDA '
"ALSO ADMITTED IN LOUISIANA
♦ALSO ADMITTED IN MARYLA AID -
Gerard P. Goehringer, Chairman
Zoning Board of Appeals
Southold TDWn Ball
53095 Main Road
Southold, New York 11971
Re: Application of Joseph & Betty Hardy
Main Road, Mattituck, New York
Dear Mr. Goehringer:
Pursuant to request made by the Board, enclosed please find
floor plans for buildings located at the above address.
Now that this final submission has been delivered we would ask
that the matter be placed on the hearing calendar.
Please contact me so that we can arrange to have someone
available to assist the Board in its site inspection.
Very truly yours,
P. Edward Reale
PER:mp
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APPEALS BOARD MEMBERS SCOTT L.HARRIS
at
Supervisor
Gerard P.Goehringer,Chairman p
Charles Grigonis,Jr. <�'`-' w:-°��►6 ' J Town Hall,53095 Main Road
Serge Doyen,Jr. P.O.Box 1179
James Dinizio, Jr. Southold,New York 11971
Robert A. villa BOARD OF APPEALS Fax(516)765-1823
Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800
June 4, 1991
P. Edward Reale, Esq.
Twomey, Latham, She & Kelley
33 West Second Street, Box 398
Riverhead, NY 11901
Re: Appl. Nos. 3958V and ,3959SE Joseph and Betty Hardy
Dear Mr Reale:.
This letter is a follow-up to our telephone confirmation today
with your secretary, , Joan. The above applications have been
calendared for public hearings to' be held before the Board of
Appeals at our next hearings calendar (mid-July) . In the
interim, the square footage calculations of each dwelling unit
should be furnished for the record as early as possible,
together with a copy of all town building permits and/or
certificates of occupancy for the subject garage, which was
converted to pet-grooming and later converted to dwelling use'.
Also, please be aware that the "proposed building 18' high,
6� building area 2,400 sq. ft. " is not the subject of these pending
applications and therefore has been deleted from the map and
g reviews by the Board. Should a permit be applied for in the
future for the "proposed building" and a variance be necessary,
, a separate application will be required.
Confirmation of the time and date will be sent to you by way of ..
a copy of the Legal Notice, as published by our office in the
L.I. Traveler-Watchman and Times-Review newspapers. You should
feel free to call our office at any time to update your file on
other possible developments.
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
lk
TWOMEY LATHAM SHEA & KELLEY -
n�.r f
�\ ATTORNEYS AT LAW S ,(
33 WEST SECOND STREET ..j U! i s
P.O.BOX 398
THOMAS A.TWOMEY,JR. RIVERHEAD, NEW YORK 11901 wr
STEPHEN B.LATHAM
JOHN F.SHEA,III
516-727-2180.
CHRISTOPHER D.KELLEY
LAWRENCE M.STORM` TELEFAX:516-727-1767 9 NORTH MAIN STREET
MAUREEN T.LICCIONE EAST HAMPTON,N.Y.11937
DAVID M.DUBIN 0 516-324-1200
P.EDWARD REALE
PETER M.MOTTt
HERMON J.BISHOP
LISA C.KOMBRINK May 23 , 1991
MARY C.CRONIN
JOAN C.HATFIELDD
• MICHAEL A.SIRIGNANO
•NY.CT&FL BARS
0 NY&LA BARS
1 NY&MD BARS
o NY&CT BARS
Gerard Goehringer, Jr. , Chairman
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Southold, New York 11971
Re : Application of Joseph and Betty Hardy
Mattituck, New York
Dear Mr. Goehringer:
Enclosed please find seven copies of the survey map
depicting the structures on the property together with
their current uses as requested by your Board.
Since I believe this is the only remaining information
that your Board requires, please let me know when the
matter will be scheduled for public hearing.
Thank you for your cooperation and assistance in this
application.
Very truly yours,
P. Edward Reale
PER:JML
Enclosures
. z
i ,
3; SCOTT L. HARRIS
APPEALS BOARD MEMBERS ;; 1
Supervisor
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr. ` "' Town Hall, 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax(516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
September 27, 1990
P. Edward Reale, Esq.
Twomey, Latham, Shea & Kelley
33 West Second Street
P.O. Box 398
Riverhead, NY 11901
Re: Appl. No. 3958V and 3959SE
Application of Mr. and Mrs. Joseph Hardy
CTM 41000-114-11-5
Dear Mr. Reale:
Thank you for your recent letter with sketches of the floor plan
layouts of the front business section, two dwelling unit areas,
and rear cottage.
, Please confirm as to whether the board may conduct an on-site
inspection of the buildings and. p g premises on Saturday,
October 20, 1§90 at approximately 10: 00 a.m.
Also, in reviewing the file, it was noted that the survey
submitted depicts a pet grooming use in the existing accessory
building and also depicts a proposed building further to the
rear of the premises. It is requested that in the interim six
prints of a corrected ma be furnished for
p p appropriate reviews
and processing which show the existing buildings and label the
uses of each.
Please do not hesitate to contact us in the event the above date
is not convenient. Thank you.
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
i
APPEALS BOARD MEMBERS =' SCOTT L.RABBIS
Supervisor
Gerard P.Goehringer,Chairman
Charles Grigonis,Jr. � ? } r:: a Town Hall,53095 Main Road
Serge Doyen,Jr. _ -` P.O.Box 1179
James Dinizio, Jr. Southold,New York 11971
BOARD OF APPEALS Fax(516)765-1823
Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800
February 28, 1991
P. Edward Reale, Esq.
Twomey, Latham, Shea & Kelley
33 West Second Street, Box 398
Riverhead, NY 11901
Re: Appl. Nos. 3958V and ,3959SE - Joseph and Betty Hardy
Dear Mr. Reale:
This letter will acknowledge receipt on February 15, 1991
of your recent letter with amended appeal application and
amended neighbor notice forms.
This will also confirm that you have authorized, by
telephone to me this week, a modification under Paragraph #2 of
the appeal form (ZB1) to Section 100-92 (instead of 100-192) .
As mentioned to you, these applications will be placed on
the hearings calendar for the March 22, 1991 Regular Meeting,
provided we receive seven prints of a map with the required use
information by March 6, 1991. In the event you are not able to
furnish the maps by this advertising deadline, we will carry the
subject applications to the next calendar of hearings.
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
. By Linda Kowalski
f`C4n' y o
�1
,.�F �' �
APPEALS BOARD MEMBERS t+° �+ SCOTT L. HARRIS
Gerard P. Goehringer, Chairman ot� "� 4F Supervisor
Charles Grigonis, Jr.
Serge Doyen, Jr. Town Hall, 53095 Main Road
Joseph H. Sawicki P.O. Box 1179
Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
October 24, 1990
P. Edward Reale, Esq. _
Twomey, Latham, Shea & Kelley
33 West Second Street
P.O. Box 398
Riverhead, NY 11901
Re: Appl. No. 3958V and 3959SE
Applications for, Joseph Hardy
Dear Mr. Reale:
During the on-site inspection, it was noted that several uses
exist at the site, both retail-business and residential.
As you know, the premises is located in the Hamlet-Business ' (HB)
Zone District and contains a total area of 21,906 sq. ft. In.
reading the applications on file for the Special Exception and
the Variance, it appears that the requests made therein.were - D
taken from the March 8, 1990 Notice of Disapproval from the<, -'Q�
Building Inspector. There are other areas which were not
included in the March 8, 1990 determination, and it would be
appropriate to address these areas prior to our publication in
the local newspapers ,and provide you with an opportunity to. '
amend your application accordingly.
Sections 100-91B(2 & 4) as_ applied in the Special Exception are
requests "to permit second accessory apartment over stores or
alternative multiple dwelling" as applies to the HB Zone
District.
Section 100-91B(2) authorizes multiple dwellings by .Special
Exception, and the Bulk Schedule requirement (100-92) for the HB
Zone District limits the permitted number of such uses to the
extent of 20,000 square feet of lot area per unit. .. Based on
the square footage of this parcel at 21,906 sq. ft, the.
additional (two) residential uses will require. variances as to
insufficient lot area.
c
a� ¢� �x-
6�
Page 2 - October 24, 1990
To: P. Edward Reale, Esq.
Re: Appl. Nos.' 3958V nd 3959SE - Hardy
Section 100-91B(4) authorizes accessory apartments over retail
stores and business by special exception subject to those
requirements listed at Subsections (a) through (f) . The '
accessory apartment request is not located over a retail store
or business. The Special Exception application does not appear
to be appropriate in this project.
You may, if you wish, re-submit your application under the same
file numbers (for which filing fees were paid) , or in the
alternative, you may request a refund for both applications
since no hearings have been held at this point. Should you
prefer the Board to proceed with a hearing, after proper notice,
we would do so, without the benefit of a refund should the
outcome be unacceptable.
Please let us know how you wish to proceed, and if you are
re-submitting the application forms, please be sure to provide
the maps with the existing buildings and existing uses labeled
or each building.
We are enclosing copies of the zoning provisions above referred
for your convenience.
Very truly yours,
GERARD P. GOEHR GER
CHAIRMAN
lk
Enclosures
1
§ 100-91 ZONING § 100-91
CB1 Uses permitted by special exception by the Board of Appeals. .
The following uses are permitted as a special exception by the
Board of Appeals as hereinafter provided. subject to site plan '
approval by the Planning Board:
(1) Any special exception use set forth in and as regulated by
§ 100-31B(3) to (6) and (14) and (15) of the Agricultural
Conservation District.
C ,
rS2 Multiple dwellings and townhouses. -
(3) Motel and hotel uses as set forth in and regulated by
§ 100-61B(4) of the Resort Residential (RR) District, .
except that minimum lot size shall be three (3) acres.
[Amended 7-31-1990 by Ord. No. 16-1990]
(4) %[Amended 12-12-89 by L.L. No. 23-1989] Apartments
may be permitted over retail stores and business,
professional and governmental offices, subject to the
following requirements:
(a) The explicit written approval of the Town Fire
Prevention Inspector shall be obtained for the
design, location, access and other safety-related
elements of every such apartment. No apartment
shall be permitted over filling stations, stores
retailing flammable or fume-producing goods,
restaurants or other businesses with kitchens or
other facilities producing intense heat or any other
establishment which the Fire Prevention Inspector .
determines to pose a greater-than-average built-in
fire risk. ---
(b) The habitable floor area of each apartment shall be
at least four hundred fifty (450) square feet, but in
no case more than seven hundred fifty (750) square
feet. The apartment shall not be located on the first
floor of the building, and the apartment shall
contain all services for safe and convenient habits- -
tion, meeting the New York State Uniform Fire i=!WJ
Prevention and Building Code and the Sanitary
Code.
10077 9-25-90
46 =
§ 100-91 SOUTHOLD CODE § 100-91
(c) There shall be no more than three (3) apartments
created or maintained in any single building.
(d) Each apartment, or common hallway servicing two
(2) or three (3) apartments, shall have a separate
access to the outside of the building, which must be
distinct from the access to uses on the first floor.
(e) Each apartment shall have at least one(1)on-site off-
street parking space meeting the standards of this
chapter, conveniently located for access to the
apartment.
(f) Only the owner of the building in which it is
proposed to locate the apartment(s) may apply for
this special permit. The Board of Appeals shall
require that such applicant execute such agree-
ments, contracts,easements,covenants, deed restric-
tions or other legal instruments running in favor of
the town as, upon recommendation of the Town
Attorney, the Board shall determine to be necessary C
to ensure that: —-
[1] The apartment, or any proprietary or other
interest therein,will not be sold to the tenant or
any other party, except as part of a sale of the
entire building in which the apartment is
located.
[2] The apartment is made available for year-
round rental.
[3] The apartment is properly constructed, main-
twined and used, and unapproved uses are ;
excluded therefrom.
[4] Any other condition deemed reasonable and
necessary to ensure the immediate and long-
term success of the apartment in helping to
meet identified housing needs in the community Qs
is complied with.
10078 9-25-90
1
c c c c
Town of Southold
Density and Minimum lot Size Schedule for Nonresidential Districts'
[Added 1-10-89 by LL No,, -1989]
I To
LB IIB B light Imiustrial 1.1
Limlt44l Ilam;. ' General M-1 M-II Park/Plnm441 Light
U�"tract Business usiness Business Marine 1 Marine 11 Office Park Industrial
MINIMUM LOT SIZE(square feet):
Business,office,industrial or other nonresidential use
Use with or without utilities 80,000 20,000 10,000 40,000 80.000 120.000 40,000
1-family detached dwelling
Residential unit without utilities 80,000(iii) 20,000(vii) NA 40,000 40,000(vii) NA NA
Residential unit with community water NA 20,000(vii) NA 20,000 20.000(vii) NA NA
Residential unit with community water and sewer NA 10,000(xi) NA 10,000 10,000(xi) _ NA NA
2-family detached dwelling
2-family dwelling without utilities 160,000 40,000(ii) NA NA NA NA NA
(xii)
2-family dwelling with community water NA 40.000(ii) NA NA NA NA NA
2-family dwelling with community water and sewer NA 20,000(vii) NA NA NA NA NA
1 Multiple dwelling unit or townhouse2*
✓.,(� Multiple dwelling or townhouse without utilities NA t20,000 NA NA NA NA NA
1J Multiple dwelling or townhouse with community water NA 20,000 NA NA NA NA NA
Multiple dwelling or townhouse with community water and sewer NA 10,000 NA NA NA NA NA
Motel,hotel or conference center guest unite
Guest unit without utilities NA 6,000 6,000 NA 6,000 6,000 6,000
,
Guest unit with community water NA 6000 6,000 NA 6,000 6,000 6,000
Guest unit with community water and sewer NA 4,000 4,000 NA 4,000' 6,000 4,000
KEY:
NA=Not applicable.
NOTES:
�'Roman numerals refer to the applicable column in the Residential Bulk Schedule.
LUor multiple dwelling,hotel,motel and/or conference uses(where permitted),this table refers to minimum jot size per dential Bulk Schedule for total lot size,
yard and setback dimensions for the applicable district unless more-restrictive requirements are indicated in the text of the chapter.unit,Refer to the Resi
3[Amended 8-1-89 by LL No.14-1989]
10-25-89
TwomEY, LATHAM, SHEA & KELLEY
ATTORNEYS AT LAW
h. '• 33 WEST SECOND STREET
P.O.BOX 398
RIVERHEAD. NENV YORK 11901.
THOMAS A.TWOMEY.JR.
STEPHEN 8.LATHAM
516-727-2180
JOHN F.SHEA, III
CHRISTOPHER D.KELLEY TELEFAX: 516-727-1767 9 NORTH MAIN STREET
LAWRENCE M.STORM' EAST HAMPTON,N.Y.11937
MAUREEN T.LICCIONE 516-324-1200
DAVID M.DUBIN•'
P.EDWARD REALE
PETER M.MOTTt
HERMON J.BISHOP41w,
C
LISA C.KOMBRINK
'ALSO ADMITTED IN CONNECTICUT September 13, 1990
AND FLORIDA
••ALSO ADMITTED IN LOUISIANA
+ALSO ADMITTED IN MARYLAND
Gerard P. Goehringer, chairman
Zoning Board of Appeals
Southold Tnwn Ball
53095 Main Road
Southold, . New York 11971
Re: Application of Joseph & Betty Hardy
Main Road, Mattituck, New York
Dear Mr. Goehringer:
Pursuant to request made by the Board, enclosed please find
floor plans, for buildings located at the above address.
Now that this final submission has been delivered we would ask
that the matter be placed on the hearing calendar.
Please contact me so that we can arrange to have someone
available to assist -the Board-.in its site inspection.
Very truly yours,
P. Edward Reale
PER:mp
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i
APPEALS BOARD MEMBERS v rgr+ SCOTT L. HARRIS
tr
Gerard P. Goehringer, Chairman �0%. O� Supervisor
Charles y is, Jr.
Doyen,
Serge Doyen, Jr. Town Hall, 53095 Main Road
P.O. Box 1179
Joseph Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
July 12, 1990
P. Edward Reale, Esq.
Twomey, Latham, Shea & Kelley
33 West Second Street
P.O. Box 398
Riverhead, NY 11901
Re: Appl. No. 3958 & 3959 - JOSEPH HARDY
Dear Mr. Reale,
This Board has received the above captioned applications
regarding the property located at 13500 Main Road, Mattituck.
. We require the following information to complete your file:
(a) A floor plan layout of proposed apartment.
(b) A floor plan layout of proposed apartment in the 20' X
30' building.
Also, please notify this office at 765-1809 at your
-earliest possible convenience to schedule an inspection on this
particular parcel on a Saturday between 9:30 - 10:30 a.m. .
Very truly yours
Gerard P. Goehrigner
Chairman
ZBA/df
L
O
APPEALS BOARD MEMBERS o _ SCOTT L.HARRIS
co
Supervisor
Gerard P.Goehringer,Chairman
Charles Grigonis,Jr. 0,( �`a� Town Hall,53095 Main Road
Serge Doyen,Jr. P.O.Box 1179
James Dinizio, Jr. Southold,New York 11971
Robert A. Villa BOARD OF APPEALS Fax(516)765-1823
Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800
SEQRA UNLISTED ACTION DECLARATION
August 15 , 1991
Appeal No. 3959 Project Name: Mr . & Mrs . Joseph Hardy
County Tax Map No. loon- 114-11-5.
Location of Project: 13500 Main Road , Matti tuck '
Relief Requested/Jurisdiction Be€ore This Board in this Project:
Accessory apartment or second dwelling unit over stores .
This Notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental Quality
Review Act of the Environmental Conservation Law and Local Law #44-4 of
the Town of Southold.
- An Environmental Assessment (Short) Form has been submitted with the
subject application indicating that no significant adverse environmental
" effects are likely to occur should be project. be implemented as planned,
and:
{ } this Board wishes to assume Lead Agency status and urges
coordinated written comments by your agency to be submitted with the next
20 days.
{x} this Board has taken jurisdiction as Lead Agency, has deemed
this Board of Appeals application to be an Unlisted SEQRA Action, and has
declared a Negative Declaration for the following reasons:
a. An Environmental Assessment has been submitted and evaluated, and/or
b. An inspection of the property has been made, or
c. Sufficient information has been furnished in the record to evaluate any-
possible adverse affect of this project as filed, and/or
d. This application does not directly relate to new construction or
on-site improvements.
{ } this Board refers lead agency status to your agency since the-
Board of Appeals does not feel its scope of jurisdiction is as broad as
the Planning Board concerning site changes and elements under the site
plan reviews. ' The areaof jurisdiction by the Board of Appeals is not
directly related to site improvements or new buildings. (However, if you
do not wish to assume lead agency status within 15 days of this letter,, we
will assume you have waived same, and we will be required to proceed as
Lead Agency. )
For further information, please contact the Office of the Board of
Appeals, Town Hall, Main Road, Southold, NY 11971.at (516) 765-1809.
tr
APPEALS BOARD MEMBERS � '' =� _ SCOTT L.HARRIS
Supervisor
Gerard P.Goehringer,Chairman
Charles Grigonis,Jr. t�, b Town Hall,53095 Main Road
Serge Doyen,Jr. F P.O.Box 1179
James Dinizio, Jr. Southold,New York 11971
Robert A. Villa BOARp OF APPEALS Fax(516)765-1823
Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800
SEQRA UNLISTED ACTION DECLARATION
August 15 , 1991
Appeal No. 3959 Project Name: Mr. & Mrs . Joseph Hardy
County Tax Map No. 1000- 114-11-5
Location of Project: 13500 Main Road ; Matti tuck
Relief Requested/Jurisdiction Before This Board in this Project:
Accessory apartment or second dwelling unit over stores .
This Notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental Quality
Review Act of the Environmental Conservation Law and Local Law #44-4 of
the Town of Southold.
An Environmental Assessment (Short) Form has been submitted with the
subject application indicating that no significant adverse environmental
effects are likely to occur should be project be implemented as planned,
and:
{ } this Board wishes to assume Lead Agency status and urges
coordinated written comments by your agency to be submitted with the next
20 days.
{k} this Board has taken jurisdiction as Lead Agency, has deemed
this Board of Appeals application to be an Unlisted SEQRA Action, and has
declared a Negative Declaration for the following reasons:
a. An Environmental Assessment has been submitted and evaluated, and/or
b. An inspection of the property has been made, or
c. Sufficient information has been furnished in the record to evaluate any `
possible adverse affect of this project as filed, and/or
d. This application does not directly relate to new construction or
on-site improvements.
{ } this Board refers- lead agency status to your agency since the-
Board of Appeals does not feel its scope of jurisdiction is as broad as
the Planning Board concerning site changes and elements under the site
plan reviews. ' The area of jurisdiction by the Board of Appeals is not
directly ' related to site improvements or new buildings. (However, if you
do not wish to assume lead agency status within 15 days of this letter, we
will assume you have waived same, and we will be required to proceed as
Lead Agency. )
For further information, please contact the Office of the Board of
Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809.
tr
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)SS..
UXrY OF SUFFOL )
SHAPvv 4ep ch:i, of Msttltuck, In
gall County, being duly sworn, Nyo that ho/09 Is Prrfnclp4I
I' Clerk of THE SUFFOLK TIMES, a Weekly Nowspspor,
published at mnttltuck, In the Town of Southold, County of
Q Suffolk and State of New York,and tit MO Notico of which
the annexed is a Print94 copy,t=been r ut p€bl l In
oi J r� Wd Newspaper once each week for 1 weeks
successlvely, commencing on the day of
Principal Glork
Swan to before 1a.
dw of , 3g THEANS A.MIAGINN
Raw;'4;u?,�1,A NOW Yoh
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NOTICE OF HEARINGS the times specified below. more than three rooms on the second-
NOUCE IS HEREBY GIVEN, 7:30 p-m. Appl. No. 4043 — floor of the existing dwelling struc-
punuaru to Section 267 of the Town JOHNi 11.AND GAYt.E BIRK1tiIIER, tune. Location 49950 Main Road,
Law and the Code of the Town of Special Exception to the Zoning Ordi- Southold, NFY;County Tax Map No.
Southold,the following matters will nance, Article III, Section 100- 1000-70-07-10.
be held for public hearings before the 30B(16)for permission to establish 7:35 p.m. Appl. Na. 4044 —
SOUTHOI.D TOWN BOARD OF `Bed and BceAkfau Use,"an owner. WILLIAI9,AILEENT AND JOHN
APPEALS at the Southold Town occulied building.other than a botrl, PARROTT. Variance to the Zoning
,Hall, 53095 Main Road,Southold, where lodging and breakfast is pro- Ordinance, Article XXIH.Section
NY 11971, on THURSDAY. vided for trot more than six casual, 100-239.48 and Article MaV,Sec-
6UGUST 15. 1991_commencing at transient rompers,and renting,of not See L"atra,ftastti page
breezeway and garage rrlsich will be trig for permission to authorize rety- ranee of the lot area for the cstab- lot area.
in excess of the 20%lot eoveraie cling and salvage facility,excavation lishment or approval of a second 8:50 P.M. Appl. No. 039 —
Coninued Irom previous page limitation.The subject parcel is sub- and drainage yard(pursuatu to Town dwelling unit in an existing dwelling --CUFFSIDE ASSOCIATES.Appeal
lion 100-2448, for approval of deck standard in size and is hated in the Board Resolution adopted April 9, structure card for the estabiis mint or for an hamprnutim wider ti eEkfid-
consauccion a less than 75 feet from R40 Zone District Location of Prop- 1991.to be used is conjunction with approval of a third dwelling trait in Lion Section of the Zoning Colt,Arti-
the bulkhead and in excess of the crty: 415 F'irbe manss Beach Road. those Uses conditionally permitted the rear accessory building,both in cle I,Section 100-13 as notioa9 tosbc-
20%lot coverage limitation for all Cutchogu�e; also refwmd to as Lot 7 under Special Exception No. 3491 conjunction with multiple business adjoining property ownen,as penvns
saructUres.The subject paarcel is sub- on she Map of Peomic Bay Proper- (ZB.A resolution adopted June 25, uses and existing tingle-family msi• to d°�rrclling andlor nmtcl uses,sa d aha
sundard in size grad is located in the ties,Inc.(1931).County Tax Map 1986)for outside sxtodgMing of max- dential unit of this substandard parcel. installation of cooking facilities.
R 4t}Zaaaa District Location Of Frop No.]G00 Ill•1 25. rail and related offices. Locatioaa of Lecati.orr of preasiaes: 13500 plain Location of Property:61�&75tvoavaty
eny.2435 Cedar Larne,East JWlsrica; 7:53 p.m. Appl. Tom. 404b — P,%xay:La No.2 on the Minor Sub- Road.Mattiluck.NY, County Ta.x Road 48,Greerrposr4 NY;CuuYty Tay-
Comtty Tax Map No. IOX-37-4-9. BURT l EWIS,JR. Variance to the division MAp No.450 of LB.Glover, ?ALL r 1D No. 1004-114.114-11-3.Tim Map Parrxl ID 10W-045.914i01 .and
7.40 p.m. Appl. No. 40.15 — a ingOadirtanoe,ATdcie III Section 119W Oregcx�n Road,Cutchogtae,X ; subject parcel is nonconforming in 002(2.1).coatairning apppazsptately
ULORLk LOWFRY.Variance to the 100-32 and Article XXIV.Section Caxmzy Tax Map No. 1t100-83.3-part dais fiarnirt iBusinctS(H8)Zone 3is- 7.5 acres.Zone District:Rcsort.Rssi-
Zoning Ordinance, Article XXHI, 100-243 for approval of office addi- of 4.4.containing 4.59 ectes. trio ra3nutning apprezimately one. dcntiabl(RR)�
Section 100-239.4(B)for permission tion tosulaing in an expansion of the &20 p.m. Appl. No. 4042 — half aacae of total NAWes. The Board of Appeals wiL•at said
to construct open-deck addition to existing raonconforrning case and LAWRENCE Crr,RVON. Variance to B-40 p.m. AppL No.3959—MR. time and place}reap any aadaall per-
dwelling structure with a setback at increasing the degree of nmconfor- the Z,onirag Ordinance.Article XXM, A1111)MRS.JOSEPH HARDY.Spe- sorts or representatives desipirR w be
lens thin 75 fact from the balklaead. manse of the building setback in the Sectica 100-239.4E for pcmu slon to vial Exception to the Zoning Ordi- heard in the above a tattecs.'ar}friaten
The subject parcel is substandard in front}'ard area.The subject parcel is constratcs edditie n to dwelling with a nance, Article IX, Section 840- Comments may also be sulmiued
size and is located ita tlae R-40 Zane substandard in size and is located in setback at less than 75 lcet from the 918(2)(4)to permit eitlmer an®tees- prior to the conclusion of the su$ryrot
Mticu. Location of Property: 650 the Agriatlnaral-Canservadoa(A-C) bulkhead. Location of Property: sort'apartment or second dwelling hearing.Each Iaearing mill I�Dt start
rOak Avenue,Southold,NY;County Zone Dutric Location of property: P—Onic Bay Boulevard, L urei; unit over scores,or alternattarely to before the tunes designated atbarre_
Tax Map No. 1000-77-1-2. Also 6920 Main Road,Laurel,NY,-Catty County Tax Ialap Parcel N6. 1000- permit rnuluipl=dtvellirtg use within For more information,pierst call
1 referred to as Lot tics.285,234.2S3, Twx Map No. 1000-126-01-4.1,also 126-11-21.The=object parcel is sub- the existing mixed busi- 7+65-IS09.
232. and part of 291 oa the Map of refer--d w as Lot Non. 1 & 2 on the standard in size and is located in grit eacss/rrsiderivai tructure-Locaticra of Dated:July 25.1991.
Goose Burry Estates(1934). glop of Gkorge L Tuthill(1429). R 40 Zone District. premises: 13500 Main Road,Matti- 8Y ORDER OF nicz
7:45 p.m. ANA.No.4M—MX 8:15 p.m. Appl. No. 4041 — 8:30 pin-Appl.No.3959—nt tuck,NY; County Tax Map ID No. $gi(llili7Ll7 TOWN BOARD OF-
AND MRS.THOMAS&L McKEON. DONALD AND JEANNE GRIM. AND JARS.JOSEPH HARDY %ri 1000-114.11.5.'At subject parcet is A PRALS GEL4"P_
Variance to the Zoning Ordinance, Ameadment to Special Exception ance to dx 2aaistg Orad=vjoe.Aaick nonconffowning in this Hz:nlet Boar GOEHRINGER Cl1AR2v04 r
Articie XXIV,Section 100-2448 for approval under April. No.3491,in IX.Section 100-92.forpesmissicm to steaa(BB)Zone District comaqusnsag HyLiraala 1fatarUlsU
ptnissitut to aoustructt cddidon with dLU Light Industrial(LI)Zone Dis- incrsaste the degree of ooncos:fo aopprcrasanauely one-half errs of total 7133-1TA8
NOTICE OF HEARINGS is located i^�tia R-40 Zone Dish i^,
NOTICE IS HEREBY tract.Loca.' )f Property:415 -
GIVEN, pursuant to Section i Fisherman_ __ach Road, Cut" COUNTY O F S U F FO L,.
267 of the Town Law and the I chogue; also referred to as Lott, STATE OF NEW Y O R K ss:
Code of the Town of Southold, 7 on the Map of Peconic Bay
the following matters will be Properties, Inc. (1931); County
held for public hearings before Tax Map No. 1000-111-1-26.
the SOUTHOLD TOWN 7:53 p.m. Appl. No. 4048— Patricia Wood,- being duly sworn, says that she is the
BOARD OF APPEALS at the BURT LEWIS,JR.Variance to
Southold Town Hall, 53095 the Zoning Ordinance, Article Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
Main. Road, Southold, NY III, Section 100-32 and Article a public newspaper printed at Southold, in Suffolk County;
11971, on THURSDAY, AUG- XXIV, Section 100-243 for ap- and that the notice of which the annexed is a printed copy,
UST 15, 1991, commencing at proval of office addition result-
the times specified below: ing in an expansion of the exist- h'JS I)MI •I)L1bIi.SI1Cd in sai(I Long Island Traveler-Watchman
7:30 p.m. Appl. No. 4043— ing nonconforming use and in- i once each week for . . . . . . . . . . . . . . . . . . . . . .l. . . . weeks
JOHN H.AND GAYLE BIRK creasing the degree of noncon-
MIER.Special Exception to the formance of the building set- p�.
Zoning Ordinance, Article III, back in the front yard area.The S u c c C s s i v C l y, commencing Oil tile . . . . . . . . . .
Section 100-30B(16)for Permis- subject parcel is substandard in
sion to establish "Bed and size and is located in the Agri-
Breakfast Use;' an owner-oc- cultural-Conservation (A-C) (I,iyi
cupied building, other than a Zone District.Location of Pro-
hotel,where lodging and break- perty:6920 Main Road,Laurel,
fast is provided for not more NY; County Tax Map No . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
than six casual, transient 1000-126-01-4.1;also referred'e
roomers, and renting of not9 as Lot Nos. 1 &2 on the Map
more than three rooms on the of George I. Ththill (1929).
second-floor of the existing 8:15 p.m. Appl. No. 4041—
dwelling structure. Location: DONALD AND JEANNE Sworn to before nl e l h i s . •. . . . . . . . � . . . . . . . . . day of
48850 Main Road, Southold, GRIM. Amendment to Special
NY;County Tax Map No. 1000- Exception approval under Appl.
70-07-10. No.3491,in this Light Industrial , , , , , , . , . , C. c 19 /
7:35 p.m. Appl. No. 4044— (LI) Zone District for permis-
WILLIAM, AILEEN AND sion to authorize recycling and
JOHN.PARROTT. Variance to salvage facility, excavation and
the Zoning Ordinance, Article drainage yard(pursuant to Town
XXIII,Section 100-239.4B and Board Resolution adopted April
Article XXIV,Section 100-244B, 9, 1991, to be used in conjunc- ? �y �•=% %� � c��r!►!
for approval of deck construe- tion with those uses conditional- Notary Public
tion at less than 15 feet from the ly permitted under Special Ex-
bulkhead and in excess of the ception No. 3491 (ZBA resolu BARBARA A. SCHNEIDER
20010 lot coverage limitation for tion adopted June 25, 1986)for, a third dwelling unit in the rear NOTARY PUBLIC, St^te of New York
all structures. The subject par- outside stockpiling of material; accessory building,both in con- No. 480G846
cel is substandard in size and is and related offices.Location of! junction with multiple business Qualified in Suffolk Coynty
located in the R-40 Zone Dis= Property: Lot No. 2 on the uses and existing single-family Commission Expires 3��112
trict.Location of Property:2435 Minor Subdivision Map No.450 residential unit of this substan- the Zoning Ordinance,Article 1,
- - of L.B. Glover; 11910 Oregon dard parcel. Location of pre- Section 100-13 as noticed to the
Road, Cutchogue, NY;Count j mises: 13500 Main Road, Mat- adjoining Cedar Lane, East Marion; Tax Map No. 1000-83-3=part o tituck,NY;County Tax Map ID g Property owners, as
County Tax Map No. 1000-37- 4.4, containing 4.59 acres.('15 No. 1000-114-11-5. The subject Pertains to dwelling and/or
4-9. 8.20 m. Appl. No. 4042— motel uses,and the installation
p. Pp parcel is nonconforming in this 7:40 p.m. Appl. No. 4045= b LAWRENCE CERVON. Vari- Hamlet Business (HB) Zone of cooking facilntes.Location of
GLORIA LOWERY.Variance to; Property: 61475 County Road
ance to the Zoning Ordinance, District containing approximate)the Zoning Ordinance, Article Article XXIII, Section one-half acre of total lot area. 48,Greenport,NY;County Tax
XXIII,Section 100-239.4(B)for 100-239AB for permission i
8:40 p.m. Appl. No. 3959— Map Parcel ID 1000-045-01-001
P p construct addition to dwelli MR. AND MRS. JOSEPH and 002 21 containing
ermission_to construct open- ( ), g ap-
deck addition to dwelling struc- with a setback at less than HARDY. Special Exception to proximately 7.5 acres.Zone Dis-
ture with a setback at less than feet from the bulkhead. Loca- the Zoning Ordinance, Article trict: Resort Residential (RR).
75 feet from the bulkhead.The I 'the Board of Appeals will at
lion of Property: 8460 Peconic IX, Section 100-91B(2) (4) to said time and place hear any and
subject parcel is substandard in Bay Boulevard, Laurel, NY; permit either an accessory
size and is located in the R-40 County Tax Map Parcel No. apartment or second dwelling all persons or representatives de-
saran
Zone District.Location of Pro- 1000-126-11-21.The subject par- unit over stores,or alternatively g to be heard in the above
perty: 650 Oak Avenue, cel is substandard in size and is to permit multiple dwelling use matters.Written comments may
Southold,NY;County Tax Map located in the R-40 Zone within the existing mixed busi- also be submitted prior to the
No. 1000-77-1-2.Also referred to District. ness/residential structure. LocA35 conclusion of the subject hear-
as Lot Nos.285,284,283,282, 8:30 p.m. Appl. No. 3959— tion of premises: 13500 Main ing.Each he will not start
and part of 281 on the Map of MR. AND MRS. -JOSEPH Road, Mattituck, NY; County before the times designated
Goose Bay Estates (1934). HARDY. Variance to the Zon- Tax Map ID No. 1000-114-11-5. above. For more information,
7:45 p.m. Appl. No. 4045— ing Ordinance,Article IX,Sec- The subject parcel is noncon- Please call 765-1809.
MR.AND MRS.THOMAS M. tion 100-92, for permission to forming in this Hamlet Business Dated: July 25, 1991.
McKEON.Variance to the Zon- I increase the degree of noncon- (HB) Zone District containing BY ORDER OF
ing Ordinance, Article XXIV, j approximately one-half acre of THE SOUTHOLD TOWN
Section 100-244B for permission formance of the lot area for the total lot area. BOARD OF APPEALS
to construct addition with establishment or approval of a 8:50 p.m. Appl. No. 4039— GERARD P. GOEHRINGER
breezeway and garage which will second dwelling unit in an exist-. CLIFFSIDE ASSOCIATES. CHAIRMAN
be in excess of the 20% lot ing dwelling structure and f00 Appeal for an Interpretation By Linda Kowalski
coverage limitation.The subject 5 the establishment or approval of under the Definition Section of IX, 8/8/91 (5);
parcel is substandard in size ands -
APPEALS BOARD MEMBERSf �," S' jrSCOTT L.HARRIS
Supervisor
Gerard P.Goehringer,Chairman
� M
Charles Grigonis,Jr. yt >f Town Hall,53095 Main Road
t rra t
Serge Doyen,Jr.
P.O.Box 1179
James Dinizio,Jr.
Southold,New York 11971
Robert A.Villa
Fax(516)765-1823
Telephone(516)765-1809 Telephone(516)765-1800
BOARD OF APPEALS
TOWN OAF SOUTHOLD
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time, date and
place of the public hearing concerning your recent application is
a copy of the Legal Notice, as published in the Long Island
Traveler-Watchman, Inc. and Suffolk Times, Inc.
Please have someone appear in your behalf at the time
specified in the event there are questions brought up during the
same and in order to prevent a delay in the processing of your
application.' Your public hearing will not start before the time
allotted in the attached Legal Notice. Additional time will, of
course, be available. A drafted or final written copy of your
presentation, if lengthy, is always appreciated.
Please feel free to call our office prior to the hearing
date if you have any questions or wish to update your file.
Yours very truly,
GERARD P. GOEHRINGER
:CHAIRMAN
By Linda Kowalski
Enclosure
1
1'Ik
UI ,
=v C
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town-
Law and the Code of the Town of Southold, the following matters
will be held for public hearings before the SOUTHOLD TOWN BOARD
OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold,
NY 11971, on THURSDAY AUGUST 15, 1991, commencing 'at the times
specified below:
7 : 30 p.m. Appl. No. - 4043 - JOHN H. AND GAYLE BIRKMIER. Special
Exception to the Zoning Ordinance, Article III, Section
100-30B(16) for permission to establish "Bed and Breakfast Use,"
an owner-occupied building, other than a hotel, where lodging
and breakfast is provided for not more than six casual,
transient roomers, and renting of not more than three rooms on
the second-floor of the existing dwelling structure. Location
48856 Main Road, Southold, NY; County Tax Map No.
1000-70-07-10.
7: 35 p.m. Appl. No. 4044 - WILLIAM, AILEEN AND JOHN PARROTT.
Variance to the Zoning Ordinance, Article XXIII, Section
100-239.4B and Article XXIV, Section 100-244B, for approval of
deck construction at less than 75 "feet from the bulkhead and in
Page 2 - Legal Notir of Hearings --
Regular Meeting of August 15, 1991
Southold Town Board of Appeals
excess of the 20% lot coverage limitation for all structures.
The subject parcel is substandard in size and is located in the
R-40 Zone District. Location of Property: 2435 Cedar Lane,
East Marion; County Tax Map No. 1000-37-4-9.
7 :40 p.m: Appl. No. 4045 - GLORIA LOWERY. Variance to the
Zoning Ordinance, Article XXIII, Section 100-239 . 4(B) for
permission to construct open-deck addition to dwelling structure
with a setback at less than 75 feet from the bulkhead. The
subject parcel is substandard in size and is located in the
R-40 Zone District. Location of Property: 650 Oak Avenue,
Southold, NY; County Tax Map No. 1000-77-1-2. Also referred to
as Lot Nos. 285, 284, 283, 282, and part of 281 on the Map of
Goose Bay Estates ( 1934) .
7 :45 p.m. Appl:. No. 4046 - MR. AND MRS. THOMAS M. McKEON.
Variance to the Zoning Ordinance, Article XXIV, Section 100-244B
for permission to construct addition with breezeway and garage
which will be in excess of the 20% lot coverage limitation. The
subject. parcel is substandard in size and is located in the R-40
Zone District. Location of Property: 415 Fisherman' s Beach
Road, Cutchogue; also referred to as Lot 7 on the Map of Peconic
Bay Properties, Inc. ( 1931) ; County Tax Map No. 1000-111-1-26.
7 : 53 p.m. Appl. No. 4048 - BURT LEWIS, JR. Variance to the
Zoning Ordinance, Article III, Section 100-32 and Article XXIV,
Page 3 - Legal Notii - 'of Hearings
Regular Meeting of August 15, 1991
Southold Town Board of Appeals
Section 100-243 for approval of office addition resulting in an
expansion of the existing nonconforming use and increasing the
degree of nonconformance of the building setback in the front
yard area. The subject parcel is substandard in size and is
located in the Agricultural-Conservation. (A-C) Zone District.
Location of Property: 6920 Main Road, Laurel, NY; County Tax
Map No. 1000-126-01-4. 1; also referred to as Lot Nos. 1 & 2 on
the Map of George I. Tuthill ( 1929) .
8 :15 p.m. Appl: No. 4041 - DONALD AND JEANNE GRIM. Amendment
to Special Exception approval undler Appl. No. 3491, in this
Light Industrial (LI) Zone District for permission to authorize
recycling and salvage facilitiy, excavation and drainage yard
(pursuant to- Town Board' Resolution adopted April 9, 1991, .to be
used in conjunction with those uses conditionally permitted
under Special Exception No. 3491 (ZBA resolution adopted
June 25, 1986) for outside stockpiling of material and related
offices. Location of Property: Lot No. 2 on the Minor
Subdivision Map No. 450 of L.B. Glover; 11910 Oregon Road,
Cutchogue, NY; County Tax Map No. 1000-83-3-part of 4.4,
containing 4.59 acres.
8: 20 p.m: Appl. No. 4042 - LAWRENCE CERVON. Variance to the
Zoning Ordinance, Article XXIII, Section 100-239. 4B for
permission. to construct addition to dwelling with a setback at
less than 75 feet from the bulkhead. Location of Property:
Page 4 - Legal Notic )f Hearings
Regular Meeting of August 15, 1991
Southold Town Board of Appeals
25235 Main Road, .Cutchogue, NY; County Tax Map Parcel No.
1000-126-11-21. The subject parcel is substandard in size and
is located in the R-40 Zone District.
8:30 p.m. Appl. No.. 395g - MR. AND MRS. . JOSEPH HARDY.
Variance to the Zoning Ordinance, Article IX, Section 100-92,
for permission to increase the degree of nonconformance of the
lot area for the establishment or approval of a second dwelling
unit in an existing dwelling structure and for the establishment
or approval of a third dwelling unit in the rear accessory
building, both in conjunction with multiple business uses and*
existing single-family residential unit of this substandard
parcel. Location of premises: 13500 Main Road, Mattituck, NY;
County Tax Map ID No. 1000-114-11-5. The subject parcel is
nonconforming in this Hamlet Business (HB) Zone District
containing approximately one-half acre of total lot area.
8: 40 p.m. Appl. No. 3959 - MR. AND MRS. JOSEPH HARDY. Special
Exception to the Zoning Ordinance, Article IX, Section
100-91B( 2) ( 4) to permit either an accessory apartment or second
dwelling unit over stores, or alternatively to permit multiple
dwelling use within the existing mixed business/residential
structure. Location of premises: 13500 Main Road, Mattituck,
NY; County Tax Map ID No. 1000-114-11-5. The subject parcel is
nonconforming in this Hamlet Business (HB) Zone District
containing approximately one-half acre of total lot area.
Page 5 - Legal Notic )f Hearings _
Regular Meeting of August 15 , 1991
Southold Town Board of Appeals
8:50 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES. Appeal for an
Interpretation under the Definition Section of the Zoning Code,
Article I, Section 100-13 as noticed to the adjoining property
owners, as pertains to dwelling and/or motel uses, and the
installation of cooking facilities. ' Location of Property:
61475 County Road 48, Greenport, NY; County Tax Map Parcel ID
1000-045-01-001 and 002 ( 2. 1) , containing approximately 7.5
acres. Zone District: Resort Residential (RR) .
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in the
above matters. Written comments may also be submitted prior to
the conclusion of the subject hearing. Each hearing will not
start before- the times designated above. For more information,
please call 765-1809.
Dated: July 25, 1991. 3 BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
---------------------------------------------------------------x
TO: Times-Review Delivered 8/5/91
L.I. Traveler-Watchman For Publication
� �
Copies of legal notice for August 15, 1991 hearings were mailed
to the following 8/6/91:
{r
Mr. and Mrs. John H. Birkmier
48850, Main Road
Southold, NY 11971
Mr. John L. Parrott
Creative Retirement Planning, Inc.
30 Rockefeller Plaza, Suite 4336
New York, NY 10112
Mr. Burt G. Lewis, Jr.
P.O. Box 983
Cutchogue, NY 11952
Gary Flanner Olsen, Esq. (Re: McKeon)
P.O. Box 706
Cutchogue, NY 11935
Mr. and Mrs. Thomas McKeon
17 Massachusetts Blvd.
Bellerose Village, NY 11701
Mr. and Mrs. Donald Grim
P.O. Box 300
Cutchogue, NY 11935
Mr. Thomas C. Samuels (Re: Cervon)
Samuels & Steelman
25235 Main Road
Cutchogue, NY "_ 119'3 5
P. Edward Reale, Esq. (Re: Hardy)
Twomey, Latham, Shea & Kelly
P.O. Box 398
Riverhead, NY 11901
Richard T. Haefeli, Esq. (Re: -Cliffside) and Mr. Kenneth Tedaldi
184 Main Street 130 Jessup Ave .
P.O. Box 1112 Quogue , NY 11959
Westhampton Beach, NY 11978
Mr. Robert Coady - Mr. James E. Fitzgerald , Jr.
,250 Oak Avenue Proper-T Services
Southold, NY 11971 P . O . Box 617 , Cutchogue ,, NY 11935
(included copy of map of deck &
neighbor notice Re: Lowery)
o Gyc
� z
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
JUDITH T.TERRY 1 FAX(516)765-1823
TOWN CLERK TELEPHONE(516)765-1801
REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS
FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK
RE: ZONING APPEAL NO. 3959, JOSEPH & BETTY HARDY
DATE: JULY 5, 1990
Transmitted is application for special exception submitted by P.
Edward Reale from Twomey, Latham, Shea & Kelley on behalf of JOSEPH
& BETTY HARDY together with notification to adjacent property
owners; Notice of Disapproval from the Building Department; short
environmental assessment form; Zoning Board of Appeals Questionnaire
form; survey of property; copy of Deed; and survey of property.
Judith T. Terry
•
Southold Town Clerk
TWOMEY, LATHAM, SHEA & KELLEY
ATTORNEYS AT LAW
3;yy\i�(YC�G 33 WEST SECOND STREET
P.O.BOX 398
THOMAS A.TWOMEY,JR. RIVERHEAD, NEW YORK 11901
STEPHEN B.LATHAM
JOHN F.SHEA,III
516-727-2180
CHRISTOPHER D.KELLEY
LAWRENCE M.STORM• TELEFAX:516-727-1767 9 NORTH MAIN STREET
MAUREEN T.LICCIONE I _ EAST HAMPTON,N.Y.11937
DAVID M.DUBIN 0 'I P
DI 516-324-1200
P.EDWARD REALE
I,
PETER M.MOTTt71j,
HERMON J.BISHOPji
LISA C.KOMBRINK
L .:
MARY C.CRONIN
JOAN C.HATFIELDo '
Zlaz'y�0
•NY.CT&FL BARS
0 NY&LA BARS
t NY&MD BARS
a NY&CT BARS
Gerard P. Goehringer,
Chairman
Zoning Board of Appeals
Town of Southold
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Re: Application # Is 3958V and 3959SE
Application of Joseph and Betty Hardy
Dear Mr. Goehringer:
Enclosed please find a revised zoning variance application for
the above-referenced applicant which has been amended pursuant to
your suggestion.
The revised application requests dimensional variances from
'Section 100-192 for insufficient lot area to permit the continued
use of the additional apartments..
With respect to the special exception requested, since the
_ applicant is requesting that the Board grant approval for the
multiple dwelling permitted in the HB district, we wish to proceed
on the application for special exception for multiple dwelling,
while seeking variances for the dimensional limitations.
As stated in your letter, we are resubmitting this application
under the same file numbers for which filing fees have already been
paid and would ask that you proceed with your review and a hearing
. on the matter.
Gerard P. Goehringer, Chairman
January 10, 1991 4
Page Two
Thank you for your cooperation and assistance in this matter.
Very truly. .yours,
P. Edward Reale
PER:db
Encs.
ti
R EC E 1 VE D TOWN OF SOUTHOLD, NEW YORK
APPLICATION FOR SPECIAL EXCEPTION
JUL Q5 � ,S
3'A Application No.
SouLd 'fi own Cleric Date F i 1 e d: J- °]0
TO THE ZONIN.G .BOARD OF APPEALS, SOUTHOLD, NEW YORK:
x1c (We) , Joseph & Betty Hardy of13500 Main Road
(Res i ence, House No. and Street
Mattick, New York 11952
(Hamlet, State, Zip Code, Telephone Number)
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with
the ZONING ORDINANCE, ARTICLE 100 SECTION 91 SUBSECTION B( 2 ) (14
for the below-described property for the following uses and purposes (and as shown on IW
the attached plan drawn to scale) :
13500 Main Road, Mattituck: To permit second accessory apartment over
stores or alternative multiple dwelling.
A. Statement of Ownership and Interest.
Joseph & Betty Hardy AR(are) the owner(s) of
property known and referred to as 13500 Main Road Mattituck N.Y.
House No. , Street, Hamlet)
identified on the Suffolk County Tax Maps as District 1000, Section 114 Block 11 .1
Lot(s) 05 which is not (dx4x on a subdivision Map. 1,File.,
"Map of. )I p o. ,
and has been a prmye-d— o own Planning Board on
r}
The above-described property was acquired by the owner on 4/20/8 7
B. The applicant alleges that the approval of this exception would be in harmony with
the intent and purpose of said zoning ordinance and that the proposed use conforms to
the standards prescribed therefor in said ordinance and would not be detrimental to
property or persons in the neighborhood for the following reasons: property is
in mixed used area: special exception is permitted use by the Town Code.
C. The property which is the subject of this application is zoned "HB" and
[ x] is codsisto nt with tho .use(s) described in the Certificate of Occupancy being
furnished herewith.
[ ] is not consistent with the Certificate of Occupancy being furnished herewith
.for the following reason(s) :
[ ] is vacant land.
COUNTY OF SUFFOLK)
STATE OF NEW YORK) ss. :
TSigrjure J SEPH HA,` Y
Sworn to before me this `Dk day of '1 I 9 90.
A. JULIA H.LUL
o f yPublic) Notary Public,State of Nov York
Flo.4872284
ZB2 (rev. 2/6/86) Qualified ire Suffollc County
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
JOSEPH & BETTY HARDY NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
i
TO: PROPERTY OWNER
a
I YOU ARE HEREBY GIVEN NOTICE:
s
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice]
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 13500 Main Road, Mattituck, New York
S .C.T.M, designation: 1000-114-11 -05
-See attached site plan-
. -- -- -- - � -
3. That the property which is the subject of such Petition is located in the following zoning district:
4 1 hat h� such Petition, the undersigned will request the following relief: Permission to
continue use of second residence on the parcel .
5. That the provisions of the Southold Town Zoning Code ap licable to the relief sought by the under-
signed are Article IX Section 1 0 0-01 (A) ( 1p) ( 2 ) -
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there
examine the same during regular office hours. (516) 7�5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: March 16 , 1990
Petitio e
Owners ' Names : Joseph & Betty Hardy
Past p6fac MAaddress
Road
Maittituck, New York 11952
Tel . No . ( )
J
[Copy of sketch or pl an s h o w i ng proposal to be attached "'forrice
purposes . ]
/y.
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NA-M& ADDRESS
Allbobrick . Realty Corp. Main Road, P.O. Box 54
Mattituck, New York 11952
Diane Giannone Sunset Drive
Mattituck, New York 11952
Raymond Nine
Mattituck, New York 11952
Southampton Lumber Corp. Powell Avenue
Southampton, New York 11968
STATE OF NEW YORK ) ss.:
COUNTY OFSUFFOLK )
Diane Breitenbach residing at Union Avenue Lqueboa5th da
New York 11931 being duly sworn, deposes and says that on the y
of June , 19 9.0 , 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 Riverhead I New York ; that said Noti, es werareitenbach
d each of said persons by
(certified) (� sIevsI0nail.
.J .
Dian
Sworn to before me this 5th90
day of June , 19
GCS
Notary Public
SUSAN L.CANALE
Notary Pul ft Stato of Now Yak
No.01CA4835NO
Cuaftl In Suffolk County
CMmbdm E)tros August 31,1991
( This side does not have to be completed on form transmitted to adjoining
property owners . )
P 932 580 523 I P 932 580 524
RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL
(See Reverse) (See Reverse)
Sent to Sent t
Diane Giannone Allbobrick Realty Corp.
Street and No. Stre t an No.
Sunset Drive '• Boxqq 54, Main Ro d
P.O.,State and ZIP Code
P.O Ma1etal tZuCKde NY ' 1 1 9 5 2
Mattituck NY 11952
Postage S Postage S
Certified Fee Certified Fee
Special Delivery Fee Special Delivery Fee
Restricted Delivery Fee Restricted Delivery Fee
Return-Receipt showing Return-Receipt showing
to whom and Date Delivered to whom and Date Delivered
LO m Return ReM M.
DalRetur dre t�erhom. Date,and A- y
y
T TAL Pos TIMnd Fees S TOTAL P e and F s
o )ll�y o Postmar or Date
o f stmark or e CID
co C13a ono E �Qg
t0 tL \ti
N
rn a
a
1
P 932 580 521 P 932 580 522
RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL
(See Reverse) (See Reverse)
Sent to
FSeuthampton Lumber C rp. Ra mond N ' nnd N Street and No.
wed Avenue New Suffolk Avenue
ate nd ZIP Code P.O..State and ZIP Code
P.O.Southampton, NY 1196 Mattituck NY 1195
Postage S Postage S
Certified Fee Certified Fee
Special,Delivery Fee Special Delivery Fee
Restricted Delivery Fee Restricted Delivery Fee
Return t showing Return-Receipt showing
to Delivered Ln to whom and Date Delivered
Ln co
°D n Receipt g to whom. Return RecaME to whom.
le.a re of elivery
Date,a ery
d
TOTAL`P tage and F s S j TOT stage and Fees S
o 1
Poslm T ate W Po mark or Dat�
co c�
12 E Ag90
M
p O
ILLU.
to to
a a
• SENDER: Complete items 1 and 2 when additional services are desired, and complete items
3 and 4.
Put your address in the"RETURN TO"Space on the reverse side. Failure to do this will prevent this card
from being returned to you.The return receipt fee will provide ou the name of the erson delivered to and
the date of deliver . For additional fees the o owing services are avai a e. onsu t postmaster or tees
an c ecc ox es1 Tor additional service(s) requested.
1. ❑ Show to whom delivered, date, artd_addressee's address. 2. ❑ Restricted Delivery
(Extra charge) (Extra charge)
3. Article Addressed to: 4. Article Number
P932 580 524
Allbobriek Realty Corp. Type of Service:
Main Road ❑ Registered ❑ Insured
P.O. BOX 54 Certified ❑ COD ��pp
Matituck, New York 11952 ❑ Express ❑ fort urn Merchandise
' Always obtaioNnature of addressee
or agent and DATE DELIVERED.
5. Sign —Addressee B. Addressee's Address (ONLY if
X requested and fee paid)
igna e — t
77§ke of Delivery
G,- >/- 7U
PS Form 3811, Apr. 1989 *u.s.G.RO.1989-23s-s1s DOMESTIC RETURN RECEIPT
• SENDER: Complete items 1 and 2 when additional services are desired, and complete items
3 and 4.
Put your address in the"RETURN TO"Space on the reverse side. Failure to do this will prevent this card
from being returned to you.The return recei t fee will rovide ou the name of the erson delivered to and
the date of delivery. For ad itiona ees t e o owing services are avai a e. onsu t postmaster Tor tees
and check box(es) or additional service(s) requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Extra charge) (Fxtra charge)
Article Addressed to: 4. Article Number
P 932 580 521
Southampton Lumber Corp. Type of Service:
Powdll Avenue ❑ Registered ❑ Insured
Southampton, - NY 11 968 rtified ❑ COD
xpress Mail Return Receipt
for Merchandise
——--- ----- - Ways obtain sign' r - f--addressee luV
or agent and DATE DELIVERED.
5. Signature —Addressee 8. Addressee' dill l Y if
X requested
6. Sia u e — Age! t
X , F
7. Date of Delivery Q
PS Form 3811, Apr. 1989 *U.s.c.i?o.lsae-23a-ale DOME RN RECEIPT
•R: Complete items 1 and 2 whe.. __.litional services are desired, and complete items
4.
idress in the"RETURN TO"Space on the reverse side. Failure to do this will prevent this card
returned to you.The return receipt fee will provide you the name of the person delivered to and
f delivery. For additionaTTees the tollowing services are available. Uonsult postmaster for fees
box(es) or additional service(s) requested.
..1ow to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Extra charge) (Extra charge)
.le Addressed to: 4. Article Number
P 932 580 523
;lane Giannone Type of Service:
unset Drive ❑ Registered ❑ Insured
attituck, NY 11952 ® Certified ❑ COD
El Express Mail turn Receipt
Merchandise
Always obtain signature-of addressee
or agent and DATE DELIVERED.
gnature Addressee 8. Addressee's Address (ONLY if
requested and fee paid)
jr4t re —Agent
)ate of Delivery
%rm 3811, Apr. 1989 *U.S.G.P.O.1989-238-815 DOMESTIC RETURN RECEIPT
• SENDER: Complete items 1 and 2 when additional services are desired, and complete items
3 and 4.
Put your address in the"RETURN TO"Space on the reverse side. Failure to do this will prevent this card
from being returned to you.The return receipt fee will rovide ou the name of the erson delivered to and
the date of deliver . For additional tees the following services are avai a e. onsu t postmaster or tees
an check box(es) or additional service(s)requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Extra charge) (Extra charge)
3. Article Addressed to: 4. Article Number
P 932 580 5.22
Raymond Nine Type of Service:
New Suffolk Avenue n❑ Registered ❑ Insured
Mattituck, ' New York 11952 pu Certified �$❑ COD
❑ Express Mail ❑ Return Receipt
for Merchandise
Always obtain signature of addressee
or agent and DATE DELIVERED.
5. Si lure —Addr s 8. Addressee's Address (ONLY if
-.-- - --requested andfee-paid)_--
- -X _ - _ _..__— —---- ----_= --
M147,
6. Si a re —A nt
7. Date of Delivery / G �c �� - -•
PS Form 3811,Apr. 1989/-C�n *U.s.G.PO.1989-238-815 DOMESTIC RETURN RECEIPT
FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
, Date . . . Q-". . . . . . . . . . . ., 19 74 .
. . . . . . . ..40-To � Yc.
_ PLEASE TAKE NOTICE that your application dated . . . • J' !Q6AC Q .& . . . . . . . .. 197.0. .
for permit to �'-�+ �!!c.a'� � p¢f.�,�av! a�•. .c�.�G! .!•� r .C1 �!q�. . •. at
U 11 1
Location of Property . . . . . .
House No. - Street Hamlet
County Tax Map No. 1000 Section . . . . . . . Block . . .. . .1/. . . . . . . . Lot . . . .
Subdivision . . . . . . . . . . . .% . . . . Filed Map No. . . . . . ... . . . . . . . . Lot No. . . . . . . . . . . . . . . . . .
'is returned herewith and disapproved on the following n� ;;yy-- • '
PP g grounds . .�N+� . . . . �.. . b'..o4• �.lt1n �jl
. . .
A"-,��- 9L ac, A," . . . . .
77Cj . fS. . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . • • • . . . . . . . . . . . . . .. . . . . . . . . • . . . . . • . . . . • . • . . . • • . • . . . . . . • . . . . . . .
. • . • . • . . . • • . . • . . • . . . • . • . • • • • • • . . . . • . . . • . . . . . • • . . . . . . . . . . • . . . . . . . • . .
. • • . . • . . . . • . . . . . . • . . . . • . . . . . . . . • . • . . • . . . . . . . . . . . • . • • . . . • . . • . . . . . . . •
• . . . • • • • . • . • . . . • . • • • . • . • . . . . . • • . • • . . . • • . • . • • . • . • • . . . . . .
. . . . . . . . . . .
Building Inspector
RV 1/80
.. . 617.21 L SEOR
1 Appendi
State Environmental ....:.lity Review
SHORT ENVIRONMENTAL ASSESSIti1ENT FORLI
PART 1— For•UNLISTED ACTIONS Only
PROJECT INFORMATION (To be completed by App
1. APPLICANT/SPONSOR licant or Project sponsor)
-ros"Ielph Hardy 2. PROJECT NAME
3. PAoIECT LccartoN: Joseph & Betty Hardy
Main Road
Muni et Cali ty Matti tuck
County Suffolk.
�. PRECISE LCC.:TION(Street address and road intersections,prominent landmarks,etc,or provide map)
Main Road, Mattituck, directly. arross. from Wickham Road
5. IS PROPOSED ACTICN:
❑rlew ❑Ezoanslon ®t.toalficatlon/alteratIon
6. DESCRIBE PROJECT BRIEFLY:
Permit continued use of accessory building
T. AMCU:ri OF LAND AFFECTED.
Initially •5+ . 5+ '
acres Ultimately
8. WILL PHOPCSED ACTION CC:.IPLY WITH EXISTING ZONING OR OTHER EXISTINGacres LAND USE RESTRICTIONS?
Yes ❑rid If No,describe briefly
9. WHAT IS PRESerlT L;.r10 USE IN VICINITY OF PROJECT?
19�Resiacntlal ❑Industrial r
Describe: .0 Commercial ❑Agriculture ❑Park/Forestiopen space
❑other
10. CCES AR CN LOLO C:.L)7 IrIVOLVE A PERMIT APPROVAL, OR FUNDING,NOW OR
O
STATE A ULTIMArELY FROM ANY OTHER GOVERNMENTAL AGENCY FE -
( E)EFiAL,
Yes ❑No. It yes,list agency(s) er and Pmitla PProvals
Southold Town Zoning Board of A peals-Variance approval/Special Exception
Southold Town Planning Board:Si e Plan
I'- COES ANY At��Sgqa,,�ECT CF THE ACTION HAVE A CURRENTLY VALID PERMIT On APPROVAL? Approval
❑Yes l_9YIo I!yes, list agency name and permit/approval
12. AS A HESULT OF PROPOSED Ac:rloN WILL EXISTING PERMIT/APPROVAL.REQUIRE MODIFICATION?
❑Y!s lto
CERTIFY THAT THE INFORMArIOri PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
APPlicant/soonsor name: Joseph D. Hardy
Data:
Sl�naturu:
It the action is in the COaStal Area. and you are a •Sta'te agency,
Coastal assessment Form before proceeding With this a'ssessmenette the
OVER
1
(Continued on reverse side)
The Y,y•g_ Env'
of this form. and anrenvjzOnl Quality Review Act �eauires
berate any action is taken. reviewta w submission
111 ue Maae Lssion
Ly thi:; �uarU
SEE" E•utP.O2:�1F*ITAL
I::ST3L'C--C• ASSESSMENT pop.'•1
.IS
In, order to answer th
that the preParer will use a questions
Project and currently in this short E�1F it is assured
the likely imoactz y available inforration concerning the
additional studies, research or°f the action. It
other is not expected that '
(b) investigations, will be undertaken.
Id any question has been answered yes the
ni=scant and coapleted Environ.^�ental Assessment Form is
Project may b. siq_
(c) If all questions have necessary,
project been answered No it is
j is not signsiica,nt. likely that the
(d) Environmental Assessment
l- Will project to the result in a la
ar rce ph
project site physical chance
Physically alter more
than 10 acres of land?
2- Will there be a Or maj —Yes X ,:o
unusual land change to any unicue or
form on the site?
3- Will project alter or have a l --Yes X `t°
an existing body of water large effect on
• 4. grounawater project
quality?Potentially large. *mpact on Yes X No
5- Will project significantly Yes X..10
on adjacent sites? d of-eat drainage flow
6. Will Dr0 r e -Yes X Vo ,
plant j-ct affect any threatened or endancered
P or animal species?
7. Will _.Yes X %to
project result in s major adverse effect an
air quality? •
8- Will __Yes .{ •�:o
project have a major effect on visual char-
acter of the community or scenic views or vistas
known to be important to the community?
9. Will eyes X No
project adversely impact any site or struct-
ure Of historic, pre-historic, or Paleontological'
importance or any site designated as a critical
envircnmental area by a local agency?
10. Will ,Yes X No
Project have a major effect on existing or ,
future recreatlanal opportunities?
11. Will j —Ycs X Vo
Pro ect result in major traffic problems or
cause a
y�tem�?major etfcct to cxizting trsnnportatIan
• �
12. Will Project —Yes X_No
regularly cause objectio
noise, glare nable odors,
, vibration, or electrical disturb-
once as a result of the project's operation?
13- Will �Ycs X N°
or satety,ct have any impact on public health
ld. Will .Yes X No
directl7jnct af:eat the existing ca„ unity by
tion °f' caus rming a growtn in permanent Pooula-
mperiod or a than 5 percent.ovcr a one-year
charactcr-r have a major negative cifcct on the . Yes �{ °!o
of the cor-.1unity or neighborhood?
prroject?
15. there public controversy concerning the
PreParer's Signature: ___Ycs X_`to
Z'ary%'Sting;
• Date:
QUESTIOZJNAIRE TO BE COMPLETED AND SUM4ITTED
SET11 YOUR APPLICA`i'ION FOIIU-IS TO THE BOARD OF APPEALS
Please complete, sign and return to the Office of the Board of Appeals
with your completed application forms . If "Yes" is answered to any
questions below, please be sure to depict these areas on your survey
(or certified sketch) , to scale, and submit other supporting documenta-
tion.
1. Are there any proposals to change or alter land contours? Yes No
2 .a) Are there any areas which contain wetland grasses?
(Attached is a list of the wetland grasses defined by
Town Code , Ch. 97 for your reference. ) Yes 0
b) Are there any areas open to a waterway without bulkhead? Yes Ito
3. Are there existing structures at or below ground level,
such as patios , foundations , etc? Yes No
4. Are there any existing or proposed fences , concrete
barriers , decks , etc.? Yes No
5. If project is proposed for an accessory building or
- structure, is total height at more than 18 feet above
average ground level? State total: ft. Yes No
6 . If project is proposed for principal building or
structure, is total height at more than 35 feet above
average ground level? State total:. . . . . ft. Yes NO
7. Are there other premises under your ownership abutting
this parcel? If yes, please submit copy of deed. Yes No
8. Are there any building permits pending on this parcel
(or abutting land under your ownership, if any) ? Yes No
State Permit # and Nature:
9 . Do state whether or not applications are pending
concerning these premises before any other department
or agency (State, Town, County, Village, etc. ) :
Planning Board Site Plan Approval Ye No
Town Board Yes No
Town Trustees Yes No
County Health Department Yes No
Village of Greenport Yes No
N.Y. S.D.E.C. Yes No
Other Yes No
10 . Is premises pending a sale or conveyance?
If yes, please submit copy of names or purchasers
and conditions of sale. (from contract) Yes No
11. Is new construction proposed in the area of contours
at 5 feet or less ' as exists? Yes No
12 . If new construction is proposed in an area within
75 feet of wetland grasses , or land area at an eleva-
tion of five feet or less above mean sea level, have
you made application to the Town Trustees for an
inspection for possible waiver or permit under the
requirements of Ch. 97 of the Town Code? Yes No
13. Please list present use or operations conducted upon the
subject property at this time 3 stores 2 houses
and proposed storage building
Please submit photographs for the record.
I certify that the above statements are true and are being submitted for
reliance by the Board of Appeals in considering my application.
V
Signature (Property Oq-er Authorized gent)
1/88 \
G
r
1 �
WETLANDS (Amended 8-26-76 by L.L. No. 2-1976; 3-26- -
85 by L.L. No.6-19851:
A. TIDAL WETLANDS:
(1) All lands generally covered or intermittently cov-
ered with,or which border on, tidal waters, or lands
lying beneath tidal venters, which at mean low tide
are covered by tidal waters to a maximum Aepth of
five (5) feet, including but not limited to banks,
bogs, salt marsh, swamps, meadows, flats or other
low lying lands subject to tidal action:
(2) All banks, bogs, meadows, flats and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the following: salt hay, black
grass, saltworts, sea lavender, tall cords*rass, high
bush, cattails, groundsel, marshmallow and low
march cordgrass; and/or
(3) All land immediately adjacent to a tidal wetland as
defined in Subsection A(2) and lying within seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in A.rticic 24, Ti-
tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive,
( of the Environmental Conservation Law of the State
of New York: and
• (2) All land immediately adjacent to a"freshwater-wet-
land,"as defined in Subsection B(1)and lying with-
in seventy-five (75) feet landward of the most land- up .
ward edge of a"freshwater wetland."
9705 2.25-HS
w �Siandard N.Y.B.T.U.Fottn 8002 Baigain and Sale Deed.with Covenant aiainrt Grantot'i Acto-individual orCot oratidn(Single lheet)
t CONSULT YOUR LAWYI IRE SIGNING THIS INSTRUMENT—THIS INS' VENT SHOULD ■E USED BY LAWYERS ONLY.
0305 K346 39523
a�to THIS INDENTURE, made the 20th day of April , nineteen hundred and Eighty-Seven
BETWEEN
l CHARLES ZAHRA & JEAN T. ZAHRA, his wife, both residing at
F . 1215 Pike Street, Mattituck, New York 11952,
party of the first p&t'BETTY A. HARDY, his wife, both
JOSEPH HARDY, /residing at
1654 North Highway, Southampton, New York 11968,
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 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, with the buildings.and improvements thereon erected, situate,
lying and being imMze at Mattituck, Town of Southold, County of Suffolk and State
of New York, and more particularly bounded and described as follows:
BEGINNING at a concrete monument located on the southerly side of Main
Road, Mattituck, New York, and the division line between the westerly side of
the subject premises and the easterly side of lands now or formerly of Kendall;
RUNNING THENCE North 770 37' 30" East, 68. 17 feet along the southerly
�t 0:�
line of Main Road, Mattituck, New York to a concrete monument;
THENCE South 30 47' 00" East 325.00 feet along ]ands now or formerly of
: Glover to a concrete monument;
DISTRICT THENCE South 770 37' 30" West 68.17 feet along lands now or formerly of .
1000 Nine to a concrete monument;
THENCE North 30 47' 00" West 325.00 feet along lands now or formerly of
SECTION Nine and Kendall to the point or place of BEGINNING.
114.00
BEING and intended to be the same premises conveyed to the parties of the
BLOCK first part by deed dated 5/18/84, recorded 5/24/84 in 41ber 9568, Page 262.
11.00
LOT _
005.000 :
REAL ESTATE
FAPR2 9 1987.
3
TRANSFER TAX .
SUFFOLK
COUNTY
TOGETHER with 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 premises; TO HAVE AND TO
HOLD the premises herein granted unto the party of the second part; the-heirs or successors and assigns of
R the party of the second part forever.
AND the party of the first part covenants that the party of the first part lids not done or suffered anything
whereby the said premises have been encumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
-the first part will receive the consideration for this conveyance and will hold the right to receive such consid-
eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the improvenient before using any part of the total of the same for
any other purpose.
The word "party" sliall be construed as if it read "parties" whenever the sense of this indenture so requires.
l 1N WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above
written.
I� IN PRESENCE OF:
\ CHKRLES ZAHRA
1 *01
•T. ZAHRA
)IJJ'f I
STATE OF NEW YORK, COUNTY OF SUT7"7.K ss: STATE OF NEW YOR-_`-0UNTY OF ss:
On the 20thday of April 987 before me On the day 19 , before me
personally came personally came
CHARLES ZAHRA 6 JEAN T. ZAHRA
to me known to be the individual a 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
they executed the same. executed the same.
04 V A.
Notary Public
AB! .-.IL A. WICKHAM
Notary 1'uhft, Stato of Now York
No. 52-4042071 - Suffolk Coun ,A
Commiaslon Explresj1wa1F30, 19�7
STATE OF NEW YORK, COUNTY OF as: 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 ,the subscribing witness to the foregoing instrument, with
say that he resides at No. whom I am personally acquainted, who, being .by me dull•
sworn, did depose and say that he resides at No.
that he is the
of -that he knows
the corporation•described
in and which executed the foregoing instrument; that lie to be the individual .
knows the seal of said corporation; that the seal affixed described in a6d who executed the foregoing instrument,
to said instrument is such corporate seal; that it was so ..that he, said subscribing witness, was present and saw
affixed by order of the board of directors of said corpora- execute the same; and that he, said witness,
tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto.
Var,gattt and #a1c Uatd' SECTION
WITII COVENAN•r ACAINS'r CKA TOWs' Ac•rs Ht.ocK
TITLE No. 8708-093720 bq'u_t �� nor
COUNTY OR TOWN
CHARLES ZAHRA & JEAN T. ZAHRA
y TO I
JOSEPH HARDY & BETTY A. HARDY
RETURN BY MAIL TO:
STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS ROBERT TOOKER, ESQ.
Distributed by 1380 Roanoke Avenue
SECURITY.TITLE AND GUARANTY COMPANY Riverhead, New York 11901
CHARTERED 19216 �IN NEW YOtlK Zip No.
v_ SD
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` [ILDING DEPAR21111ENT
TOI-M OF SOUTHOLD, N. Y.
HOUSING CODE INSPECTION REPORT
Location
number & street Municipality
Subdivision Map No. Lot(s)
Name of Owner(s) Nickolas Kouras
OccupancynIAInpr
(type) owner-tenant
Admitted by: Mr,. Kouras Accompanied by: Mr. Kouras
Key available Suffolk Co. Tax No. 1000-114-11-5
Source of request' Rudolph H. Bruer, Esq. Date April 7, 1980 -
DWELLING:
Type of construction Wood framed #stories 2
Foundation brick Cellar.partial Crawl space X
Total rooms, 1st. F1 4 end. F1 4 3rd. F1
Bathroom(s) Toilet room(s)
Porch, type glassed in Deck, type Patio, type
Breezeway Garage Utility room
Type Heat L; "darm Air Hotwater X
Fireplace(s) No. Exits 2 Airconditioning
Domestic hotwater yes Type heater tankless
Other
ACCESSORY STRUCTURES:
Garage, type const. Storage, type const.
Swimming pool Guest, type const.
Other Barn converted to a 2 car garage
VIOLATIONS: Housing Code, Chapter 52
Location Description Art. 1 Sec.
Barn Garage doors III 2- 0-A
a
1
Remarks•
Inspected by: 0( A+.. Date of Insp. April 9, 1980
Curtis Horton Time start 10:00 end 10: 30
BUILDING LEPAR:--LMENT
TOWN OF SOUTHOLD, N. Y.
HOUSING CODE INSPECTION REPORT
Location 13550 Main Road Mattituck N.Y.
number & street, Municipality
Subdivision Map No. Lot(s)
Name of Owner(s) Nickolas Kouros
Occupancy R -3 unoccupied
typ e owner-tenant
Admitted by: Mr. Gionnone Accompanied by: Mr. Gionnone
Key available Suffolk Co. Tax No. 1000-114-11-005
Source of request Rudolph H. Bruer, Esq. Date April 7, 1980
M ELLING• (USED TO BE "PUB 75" )
Type of construction cement block #stories 1
Foundation cement block 1 Cellar partial Crawl space X
Total rooms, 1st. F1 4 2nd. F1 3rd. F1
Bathroom(s) Toilet room(s) 4
Porch, type.. Deck, type Patio, type
Breezeway Garage Utility room
Type Heat gas Warm Air X Hotwater
Fireplace(s) No. Exits 3 Airconditioning
Domestic ho twat er yes Type heater gas
Other
ACCESSORY STRUCTURES:
Garage, type const. Storage, type const.
Swimming pool Guest, type const.
Other
VIOLATIONS: Housing Code, Chapter 52
Location Description Art. Sec.
Restuarant i e'
businesses - extensive work is now bein
done
i
Remarks• - -
Inspected by:�4,ia ! Date of Insp. April 9, 1980
Curtis Horton Time start10:00 end 10. 30
ILDING DEPARTr:ENT
TOWN OF SOUTHOLD, N. Y.
HOUSING CODE INSPECTION REPORT
Location 13500 Main Road Mattituck, N.Y.
number & street Municipality
Subdivision Map No. Lot(s)
Name of Owners) Nickolas Kouros
Occupancy R-3 tenant
type owner-tenant
Admitted by: self Accompanied by: self
Key available Suffolk Co. Tax No. 1000-114-11-5
Source of request Rudolph H. . Bruer, Esq. Date April 7, 1980
DWELLING: TRAVEL AGENCY
Type of construction cement block #stories 1
Foundation cement Cellar Crawl space
Total rooms, 1st. Fl 1 end. F1 3rd. Fl
Bathrooms) Toilet room(s)
Porch, type Deck, type Patio, type
Breezeway Garage Utility room
Type Heat gas * Warm Air X Hotwater
Fireplace(s) No. Exits 2 Airconditioning
Domestic hotwater yes Type heater.
Other
ACCESSORY STRUCTURES:
Garage, type const. Storage, type const.
Swimming pool Guest, type const.
Other
VIOLATIONS: Housing Code, Chapter 52
Location Description Art. 1 Sec.
.Roof Signs of smajl - -
Remarks•
Inspected by• �m-, Date of Insp. April 9, 1980
Curtis Horton Time start 10: 30 end 10: 45
TwomEY, LATHAM, SHEA & KELLEY
ATTORNEYS AT LAW
33 WEST SECOND STREET
P.O.BOX 398
RIVERHEAD, NEW YORK 11901
THOMAS A.TWOMEY.JR.
STEPHEN B.LATHAM
516-727-2180
JOHN F.SHEA,III
CHRISTOPHER D.KELLEY TELEFAX:516-727-1767 9 NORTH MAIN STREET
LAWRENCE M.STORM, J EAST HAMPTON.N.Y.11937
MAUREEN T.LICCIONE / 516-324-1200
DAVID M.DUBIN'
P.EDWARD REALE
PETER M. MOTT+
HERMON J. BISHOP
LISA C.KOMBRINK
*ALSO ADMITTED IN CONNECTICUT March 6, 1990
AND FLORIDA
"ALSO ADMITTED IN LOUISIANA
+ALSO ADMITTED IN MARYLAND f]!Ine
Mr. Victor Lessardtit
Building DepartmentMTown of Southold
Town Hall BLDG.DE53095 Main Road TOWN0 OU
P.O. Box 1179
Southold, New York 11971
Re: Hardy Property-13500 Main Road, Mattituck, New York
Dear Mr. Lessard:
Enclosed please find application for Certificate of Occupancy
for 13500 and 13550 Main Road, Mattituck (SCTM#1000-114-11-005) .
As we discussed with you, Mr. Hardy is seeking a Certificate
of Occupancy to permit the continued use of a tVd-fami._y-dw.e-1 pg
and for a Certificate of Occupancy for---the apartment that is now
in what is denominated as the garage building in the rear. I have
enclosed a copy of the survey map for your reference.
We understand that a special exception for an apartment would
be required for the two-family use in the main building and that
a variance would be required to permit the accessory building to
obtain a Certificate of Occupancy for the barn building. However,
as you are aware, we are required to obtain a letter of denial from
your office in order to make application for the variance.
rf
Mr. Lessard
March 6, 1990
Page Two
If you have any questions about this matter, please call the
undersigned directly. Thank you for your attention and assistance
in this matter.
Very truly yours,
P. Edward Reale
PER:db
Enc.
ry
FORM NO.4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Clerk's Office
-Southold, N.Y.
Certificate Of Occupancy
No. . . . . .Z9919. . . . . . Date . . . April 10. . . . . . . . . . . . . . . . . . .119 .60
THIS CERTIFIES that the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Location of Property 13500 & 13550 Main Road . _ . . . . . .Mattituck,. N.Y�
House No. Street Hamlet
County Tax Map No. 1000 Section . . . . 114 . . . .Block . . . . 1. . . . . . . . .Lot . . . . .005 . . . . . . . .
Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. ' . . . . . .Lot No. . . . . . . . . . . . . .
requirements for residential and commercial buildings
conforms substantially to the
built prior to Certificate of Occupancy
. April. 23 . . . . . . . . . . 1�57 . pursuant to which . . . . . . . . . .Z9919. . . . . .
dated . . . . . Apri1. .10. . . . . . . . . . . . . 19 60. ,was issued, and conforms to all of the requirements
of the applicable provisions of the law. The occupancy for which this certificate is issued is .4. single
.family. s velling.pa-.us.:tw.o. .rp:tAtl. stgres. . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . .
The certificate is issued to . . . . . . . . Nickolasguros . . . . . . . . . .
(owner,
of the aforesaid building.
Suffolk County Department of Health Approval . . . . . . . . . . .NIP . . . . . . . .. . . . . . . . . . . . . . . . . .
UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . .N/R . . . . . . . . . . . . . . .. . . . . . . . . . . . .
• l� 7Z 67
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Building Inspector
Rev 4ng
FORM NO.B _' ': •..�.:' _
TOWN OF SOUTHOLD
Building Department
Town Hall
Southold, N.Y. 11971
765 - 1802
APPLICATION FOR CERTIFICATE OF OCCUPANCY
Instructions
A. This application must be filled in typewriterWR ink, and submitted an am-" to the Building Inspec-
tor with the.following;for new buildings or new use:
1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual
natural or topographic features.
2. Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal).
3. Approval of electrical installation from Board of Fire Underwriters.
4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa-
tions, a certificate of Code compliance from the Architect or Engineer responsible for the building.
5.Submit Planning Board approval of completed site plan requirements where applicable.
B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing"
land uses:
1.Accurate survey of property showing all property lines, streets, buildings and unusual natural or
topographic features.
2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings.
3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa-
tion required to prepare a certificate.
C. Fees:
1. Certificate of occupancy S25 .00 -- BUSINESS $50 _00 ACCESSORY $10.00
2. Certificate of-occupancy on pre-existing dwelling $ 50 . 00
3. Copy of certificate of occupancy $ 5 .00 , over 5 years $ 10 .00
4 .Vacant Land C.O. $ 20 .00
5-Updated C.O. $ 50 .00 Date
New C one true t i on, , , ,- , Old or Pre-existing Building X.. _ , , , - , , , _ Vacant Land .. . . .. ... . . . .
Location of Property �3.�d�. : �'!".!+ .3 ;rSO, �.- !`t1. 1?-()qy� ��.� t 'jttC(C
Ho se
No. - Sheet . . . . . . . . . . . . . . . . . . .. . . ..Hamlet
Owner or Owners of Property , CSC=. .. . . . -....r �f . . . tf &40%L/ __ _ _ _ _ _ ______ ___ __ __ _
County Tax Map No. 1000 Section . . �.( , ! , , Block .. . .U. :A, , , Lot . . .�.
Subdivision . -"—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. — .Lot No.
99� . l. ! . . . . . . . . .. . . .
Permit No. �. . . Date of Permit Y � �.�-Applicant . . - _ , , , , , , , , , , , , , , , ,
Health Dept. Approval . . . . . . . . . . . . . . . . . . . . . .Labor Dept. Approval , , .
Underwriters Approval . . . . . . . .: . . . .
- • . . . . . . . . .Planning Board Approval . .. . . . . . . .. . . . . . . .. . . . .
Request for Temporary Certificate . . . . . . . . . . . . . . . . . . . . .Final Certificate . . . . . . . . . . . . . . . . . ... . . . .
Fee Submitted S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ��
Construction on above described building aryl-nrmit meets all apnljc�;We codes and regulations.
4"Ib
Applicant . . . . . . . . . - - - - - - - - - - - - - - - - - - -
R«.10.10.78
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
Allbobrick Realty Corp. Main Road, P.O. Box 54
Mattituck, New York 11952
Diane Giannone Sunset Drive
Mattituck, New York 11952
Raymond Nine New Suffolk Avenue
Mattituck, New York 11952
Southampton- Lumber Corp. Powell Avenue
Southampton, New York 11968
I
P 932 580 298
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED I
NOT FOR INTERNATIONAL MAIL
(See Reverse)
Sent to
Southampton rp
Street and No.
Powell Avenue
t P.O..State and ZIP Code
Southatt ton
Postage S • 29
Certified Fee v
Special Delivery Fee
Restricted Delivery Fee
Return Receipt showing ) v
to whom and Date Delivered l
u7
a�i Return Receipt showin o.
r Date.and Addre�•ot'DeJiy�(y�:�j r.
TOTAL Postage anYl Feg� S{
/
7-9
cD Postmark or:Date 4
co
8 fl11'47 91�
CL = `
a
--- +++--rcrczrrrr—vr=rvrrcrc.�r-r'
Diane Breitenbach residing at Box 71 1 , Aquebogue, NY 11931
being duly sworn, deposes and says that on the 1 4thday
of February 119 91 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold;that said Notices wee mailed at the United States Post Of-
fice at Riverhead, NY ; that said NoPrc�Swere maile to each of said persons by
(certified) (registered) mail. -
1' is Ic- 17
DIANE tREITENBACH ,
Sworn to before me this 1 4th
day of February , 1991
Notary Public
VEM L CANALE
lk"PAk ftb M New York
H&01CCA4835W
0jd5 d b SUM C=4
QOmlal t E#n August 31,1991
( This side does not have to be completed on form trans ri� ed to adirig �
property owners . )
l (__ J i'
5
5�
TWOMEY, LATHAM, SHEA & KELLEY
ATTORNEYS AT LAW
33 WEST SECOND STREET
P.O.BOX 398
THOMAS A.TWOMEY.JR. RIVERHEAD, NEW YORK 11901
STEPHEN B.LATHAM
JOHN F.SHEA,III
516-727-2180
CHRISTOPHER D.KELLEY
LAWRENCE M.STORM TELEFAX:516-727-1767 9 NORTH MAIN STREET
MAUREEN T.LICCIONE (�'��7R\�\///p� EAST HAMPTON,N.Y.11937
DAVID M.DUBIN 0 D LS 516-324-1200
P.EDWARD REALE F-
PETER M.MOTTt 1
HERMON J.BISHOP 1 I
ll
LISA C.KOMBRINK L�
MARY C.CRONIN
JOAN C.HATFIELD0 LZry-n i
•NY.CT&FL BARS
ANY 6 LA BARS
t NY&MD BARS
o NY&CT BARS
Gerard P. Goehringer,
Chairman
Zoning Board of Appeals
Town of Southold
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Re: Application # Is 3958V and 3959SE
Application of Joseph and Betty Hardy
Dear Mr. Goehringer:
Enclosed please find a revised zoning variance application for
the above-referenced applicant which has been amended pursuant to
your suggestion.
The revised application requests dimensional variances from
Section 100-192 for insufficient lot area to permit the continued
use of the additional apartments.
With respect to the special exception requested, since the
applicant is requesting that the Board grant approval for the
multiple dwelling permitted in the HB district, we wish to proceed
on the application for special exception for multiple dwelling,'
while seeking-variances for the dimensional limitations.
As stated in your letter, we are resubmitting this application
under the same file numbers for which filing fees have already been
paid and would ask that you proceed with your review and a hearing
on the matter.
,�j
v
�LL 'tt-Y � 1 !
-?7't
Gerard P. Goehringer, Chairman
January 10, 1991
Page Two
Thank you for your cooperation and assistance in this matter.
Very truly yours,
P. Edward Reale
PER:db
Encs.
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE ...... ..........
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
XT, (We) .....JQ.seBh...&...Bett-Y..Ha-rdy Ha-rdy............. ....lb.a..4...Noxth..H.i.gj1WaLy.......
......................
Name of Appellant Street and Number
Southampton, NY .1.1.968... HEREBY APPEAL TO
..................................................................... ........... .. . ....... .
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATIONFOR PERMIT NO. .................................... DATED .......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
P. Edward Reale a/c Joseph Hardy
.................................................................................
Name of Applicant for permit
of 33 W. Second Street, Riverhead, New York
..................................................................................................................................
Street and Number, Municipality State
(KX) PERMIT TO USE
(XX) PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY .,1 3500 Main Rd- Mattituck.. .... .. . .. .::HB::
..................................... .........
Street /Hamlet / Use District on Zoning Map
District 1000 Section Block Lot Current Owner Joseph & Betty Hardy
....................................................... ......................I
Mop No. Lot No. Prior Owner
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article IX Section 100-192
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(XX) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws .
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) (K&XW) 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
(X ) request for a variance
and was made in Appeal No. Dated ........6..1 ../88
................................ ...........................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(X)O A Variance to the Zoning Ordinance
is requested for the reason that
Applicants wish to continue use of second residential structure
on property.
D
Form ZB1 i :)I I
(Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sory HARDSHIP because
Applicant has expended over ten thousand ( $10, 000 ) dollars to re-
furbish and restore to residential use a pre-existing structure
that was most recently used as a pet grooming salon.
2. The hardship created is UNIQUE and is not shared by all properties alike in` the immediate
vicinity of this property and in this use district because
The neighboring lots fronting on Main Road (four[ 41 lots lying
easterly and five [ 51 lots westerly) have an average (Approx. ) lot
width of 158 feet, none being of lesser width than the subject
property and a single lot having the same approximate width.
The subject structure is pre-existing; the property fronts Main
Road 'in a commercial/mixed use area.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
The property is located in the "HB" zone. The District premits a
broad range of uses including two family dwellings, multiple dwellings,
boarding houses, office and restaurants. The area surrounding this
parcel contains commercial and mixed uses and is intensibly developed.
STATE OF NEW YORK ) i
COUNTY OF SUFFOLK ) 041��nai*ure*%J&SEiH ARDY
Sworn to this .............................................. day of...........�.
...................... 19
......................... ......... .............................................
Notary Public
P.EDWARD REALE
Notary Public,State of Nev:York
No.4720709-Qual.in Suffolk County
Commission Expires June 30, 1
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of I
JOSEPH & BETTY HARDY NOTICE F
TO f
to the Board of Appeals of the Town of Southold ADJACENT
TO: PROPERTY OWNER
i
i'
1
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (Special Exception) l tiaiPktni:t�c ( 143!�x$ [circle choice]
)
2. That the proppertyY which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 13500 Main Road, Mattituck, New York
S.C.T.M_designation: 1000-114-11 -05
-See attached site plan -
3. That the property which is the subject of such Petition is located in the following zoning district:
1HB11
4 That by 'Such Petition, the undersigned will request the following relief: permission to J
continue use of second residence on the parcel; and to permit second
accesso_y apartment over stores.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article IX Section 1 00-1 92
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there
examine the same during regular office hours. (516) 7�5-1809.
1
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: January 15, 1 99.1
Petition
Owners ' Names : Joseph & Betty Hardy
Post Office Address
13500 Main Road
Mattitu6k,New York 11952
Tel . No . ( )
[Copy of sketch or plan showing proposal to be attached enience
purposes . ] N,-rx.r3rrtz�.r,�o�
D �
5
APPEALS BOARD MEMBERS SCOTT L. HARRIS
Supervisor
Gerard P. Goehrin er, Chairman P
Charles Grigonis, Jr.
Town Hall, 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone(516) 65-1800
October 24, 1990
P. Edward Reale, Esq.
Twomey, Latham, Shea & Kelley
33 West Second Street
P.O. Box 398
Riverhead, NY 11901
Re: Appl. No. 3958V and 3959SE
Applications for Joseph Hardy
Dear Mr. Reale:
During the on-site inspection, it was noted that several uses
exist at the site, both retail-business and residential.
As you know, the premises is located in the Hamlet-Business (HB)
Zone District and contains a total area of 21,906 sq. ft. In
reading the applications on file for the Special Exception and
the Variance, it appears that the requests made therein were
taken from the March 8, 1990 Notice of Disapproval from the
Building Inspector. There are other areas which were not
included in the March 8, 1990 determination, and it would be
appropriate to address these areas prior to our publication in
the local newspapers and provide you with an opportunity to
amend your application accordingly.
Sections 100-91B(2 & 4) as applied in the Special Exception are
requests "to permit second accessory apartment over stores or
alternative multiple dwelling" as applies to the HB Zone
District.
Section 100-91B(2) authorizes multiple dwellings by Special
Exception, and the Bulk Schedule requirement (100-92) for the HB
Zone District limits the permitted number of such uses to the
extentlof 20,000 square feet of lot area per unit. Based on
the square footage of this parcel at 21,906 sq. ft, the
additional (two) residential uses will require variances as to
insufficient lot area.
4`
Page 2 - October 24, 1990
To: P. Edward Reale, Esq.
Re: Appl. Nos. 3958V nd 3959SE - Hardy
Section 100-91B(4) authorizes accessory apartments over retail
stores and business by special exception subject to those
requirements listed at Subsections (a) through (f) . The '
accessory apartment request is not located over a retail store
or business. The Special Exception application does not appear
to be appropriate in this project.
You may, if you wish, re-submit your application under the same
file numbers (for which filing fees were paid) , or in the
alternative, you may request a refund for both applications
since no hearings have been held at this point. Should you
prefer the Board to proceed with a hearing, after proper notice,
we would do so, without the benefit of a refund should the
outcome be unacceptable.
Please let us know how you wish to proceed, and if you are
re-submitting the application forms, please be sure to provide
the maps with the existing buildings and existing uses labeled
for each building.
We are enclosing copies of the zoning provisions above referred
for your convenience.
Very truly yours,
GERARD P. GOEHRANGER
CHAIRMAN
lk
Enclosures
§ 100-91 ZONING § 100-91
6B._�Uses permitted by special exception by the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals as hereinafter provided. subject to site plan '
approval by the Planning Board:
(1) Any special exception use set forth in and as regulated by
§ 100-31B(3) to (6) and (14) and (15) of the Agricultural
Conservation District.
C .
C(2 ' Multiple dwellings and townhouses.
(3) Motel and hotel uses as set forth in and regulated by
§ 100-61B(4) of the Resort Residential (RR) District,
except that minimum lot size shall be three (3) acres.
[Amended 7-31-1990 by Ord. No. 16-19901
r(,Q�'/[Amended 12-12-89 by L.L. No. 23-19891 Apartments
may be permitted over retail stores and business,
professional and governmental offices, subject to the
following requirements:
(a) The explicit written approval of the Town Fire
Prevention Inspector shall be obtained for the
design, location, access and other safety-related
elements of every such apartment. No apartment
shall be permitted over filling stations, stores
retailing flammable or fume-producing goods,
restaurants or other businesses with kitchens or
other facilities producing intense heat or any other
establishment which the Fire Prevention Inspector
determines to pose a greater-than-average built-in
fire risk.
(b) The habitable floor area of each apartment shall be
at least four hundred fifty (450) square feet, but in
no case more than seven hundred fifty (750) square
feet. The apartment shall not be located on the first
floor of the building, and the apartment shall
contain all services for safe and convenient habita-
tion, meeting the New York State Uniform Fire C=!!=s
Prevention and Building Code and the Sanitary
Code.
10077 9-25-90
'y' X
§ 100-91 SOUTHOLD CODE § 100-91
(c) There shall be no more than three (3) apartments
created or maintained in any single building.
(d) Each apartment, or common hallway servicing two
(2) or three (3) apartments, shall have a separate
access to the outside of the building, which must be
distinct from the access to uses on the first floor.
(e) Each apartment shall have at least one(1)on-site off-
street parking space meeting the standards of this
chapter, conveniently located for access to the
apartment.
(f) Only the owner of the building in which it is
proposed to locate the apartment(s) may apply for
this special permit. The Board of Appeals shall
require that such applicant execute such agree-
ments, contracts, easements,covenants,deed restric-
tions or other legal instruments running in favor of
the town as, upon recommendation of the Town
Attorney, the Board shall determine to be necessary
to ensure that:
[1] The apartment, or any proprietary or other
interest therein,will not be sold to the tenant or
any other party, except as part of a sale of the
entire building in which the apartment is
located.
[2] The apartment is made available for year-
round rental.
[3] The apartment is properly constructed, main-
tained and used, and unapproved uses are C ;
excluded therefrom.
[41 Any other condition deemed reasonable and
necessary to ensure the immediate and long-
term success of the apartment in helping to
meet identified housing needs in the community �s
is complied with.
10078 9-25-90
L-1�
1 1
l
Town of Southold
Density and Minimum Lot Size Schedule for Nonresidential Districts'
[Added 1-10-89 by LL No.'1-1989]
I.iO
LB / 11R l�I R Light Industrial 1.1
I.imillvl Ilamlel General M-1 M-11 Park/Plat ned light
Utstrtcl Business LB tisiness Business Marine 1 Marine 11 Office Park Industrial
MINIMUM LOT SIZE(square feet}
Business,office,industrial or other nonresidential use
Use with or without utilities 80,000 20,000 10,ODO 40,000 80,000 1E0,000 40,000
1-family detached dwelling
Residential unit without utilities 80,000(iii) 20,000(vii) NA 40,000 40,000(vii) NA NA
Residential unit with community water NA 20,000(vii) NA 20,000 20,000(vii) NA NA
Residential unit with community water and sewer NA 10,000(xi) NA 10,000 10.000(xi) NA NA
2-family detached dwelling
2-family dwelling without utilities 160,000 40,000(ii) NA NA NA NA NA
(xii)
2-family dwelling with community water NA 40.000(ii) NA NA NA NA NA
2-family dwelling with community water and sewer NA 20,000(vii) NA NA NA NA NA
Multiple dwelling unit or townhouse2 41
Multiple dwelling or townhouse without utilities NA �20,000 NA NA NA NA NA
Multiple dwelling or townhouse with community water NA 20,000 NA NA NA NA NA
Multiple dwelling or townhouse with community water and sewer NA 10,000 NA NA NA NA NA
Motel,hotel or conference center guest unit"
Guest unit without utilities NA 6,000 6,000 NA 6,000 61000 6.000
Guest unit with community water NA 6,000 6,000 NA 6,000 6.000 6,000
Guest unit with community water and sewer NA 4,000 4,000 NA 4.0001 6,000 4,000
KEY:
NA=Not applicable.
NOTES:
-!Roman numerals refer to the applicable column in the Residential Bulk Schedule.
QFor multiple dwelling,hotel,motel and/or conference uses(where permitted),this table refers to minimum lot size aer unit Refer to the Residential Bulk Schedule for total lot size yard and setback dimensions for the applicable district unless more-restrictive requirements are indicated in the text of the chapter.
3[Amended 8-1-89 by LL No.14-19891
10-25-89
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PURSUANT TO UFFOLK SANITARY CODE ARTICLES preys as established
7 AND /2 / � HEREBY CERTIFY THAT r the L. A.L.S. and `approved and cdopted.
- -
,� IN ERS ; P..C: ' THERE &L NOT SE ANY INDUSTRIAL WASTES OR OTHER for such. use by"•The New York Stats land
a NON-SANITARY WASTES DISCHARM FROM THE BL&DIN6 qs
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{` :nx •. ..Y;<,.. ; , A .y 3,+ *• AND THERE WILL BE NO TOXIC' OR HAZARDOUS MATERIALS ,
STORED AT TW SITE UICESS SPECFX PERMMTS
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