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HomeMy WebLinkAbout3930 a y 0� 2 APPEALS BOARD MEMBERS ` x v SCOTT L. HARRIS i4 Supervisor Gerard P. Goehringer, Chairman 4 �- 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 r -111"-X ACTI ON OF THE BOARD OF APPEALS Appl. No. 3930 Matter of JOHN C. PERRONE. Special Exception to the Zoning Ordinance, Article X, Section 100-101B, for permission to occupy and use as a billiard parlor for commercial recreation. Property Location: Main Road, State Road 25, Mattituck, County Tax Map No. 10001 Section 122, Block 6, Lot 31. WHEREAS, a public hearing was held and concluded on April 19, 1990 in the matter of the Application of JOHN C. PERRONE under Appeal No. 3930; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS,' the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Main Road, State Road 25, Hamlet of Mattituck, County Tax Map No. 1000, Section 122, Block 6, Lot 31. 2. This is an application for Variances from the Zoning Code Article X, Section 100-101B, for permission to occupy and use as a billiard parlor for commercial recreation. E 'lf l , Page 2 - Appl. No. 3930 Matter of JOHN C. PERRONE Decision rendered May 1, 1990 3. Article X, Section 100-101B, Uses permitted by special Exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as herinafter provided, subject to site plan approval by the Planning Board. ( 6) Fully enclosed commercial recreation ' facilities, including but not limited to tennis clubs, skating rinks, paddle tennis, handball and squash facilities, dance hall billiard parlors, bowling alleys, health spas and clubs and uses normally accessory and incidental to commercial recreation, such as locker rooms, eating and drinking facilities and retail sale of goods associated with the particular activity. 4. In considering this application, the Board finds and determines: (a) that there is no other method for appellants to pursue; and opening a billiard parlor for commercial recreation on the premises will require a special exception; (b} that the area chosen for the billiard parlor is not unreasonable located; (c) that the special exception will not in turn cause a substantial effect on the safety, health, welfare, comfort, ' convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the special exception, as applied conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was i Page 3 - Appl. No. 3930 Matter of JOHN C. PERRONE Decision rendered My 1,. .1990 RESOLVED, to GRANT -a Special Exception in the matter of the application of JOHN C. PERRONE as applied under Appeal No. 3930, SUBJECT TO THE FOLLOWING "CONDITIONS.: 1. That the hours of the billiard parlor be from twelve p.m. till twelve a.m. during the weekdays and that on Friday Saturday and Sunday it will be operated from one p.m. till two a.in. 2. That there be no alcoholic beverages on the premises and that there only be prepackaged food and no cooking i facilities. 3 . That the building contain air conditioning and heating j to prevent the doors from being opened to reduce the noise level. 4. That the playing of music shall be reduced to- a level that cannot be heard from the exterior of the building. i 5. That the Special Exception goes along with the property and to all subsequent owners of the lease while the billiard parlor is active. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki, and Dinizio, (Absent Serge Doyen, Fishers Island) . This resolution was duly adopted. df RECEIVED AND FILED BY GERARD P. GOEHRINGER, CHAIRMAN THE SOUTHOLD TOWN CLERIC ��� l HOUR �{DATE ^U P M l i Town Clerk, Town of ,�',cukl:old { i MAY 30 /990 D f Z 33 APPEALS BOARD MEMBERS SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman . a °� Charles Grigonis, Jr. s 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 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, APRIL 19, 1990, at the following times: 7 : 30 p.m. Appl. No. 3926 - MURRAY JACOBS. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved for permission to construct an accessory shed in side yard, accessory buildings may be located in the required rear yard. Property Location: 1180 Sage Boulevard, Greenport, County Tax Map No. 1000, Section 53 , Block 5, Lot 9. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 19, 1990 7 : 35 p.m. Appl. No. 3927 - MARK AND ELLIE GORDON. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct an accessory building to tennis court located in front yard, accessories permitted in the rear yard area only. Property Location: Private Road #7, Fords Road, Southold, County Tax Map No. 1000, Section 087 , Block 01, Lot 18.4. 7 : 40 p.m. Appl. No. 3928 - SAMUEL AND RACHEL SALZMAN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct addition to an existing dwelling, proposed construction will have insufficient front yard setbacks. Property Location: 65 Old Salt Road and 400 Rochelle Place, Mattituck, County Tax Map No. 1000, Section 144, Block 5, Lot 22. 7 : 45 p.m. Appl. No. 3920 - A. LIOS. Variance to the Zoning -Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a deck addition to existing pool, proposed construction exceeds permitted lot coverage, and will have insufficient side yard setbacks. Property Location: 310 Linda Road, Mattituck, County Tax Map No. 1000, Section 106, . Block 1, Lot 14. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 19, 1990 7 : 50 p.m. Appl. No. 3921 - EILEEN VILLANI . Variance to the Zoning Ordinance, Article XXIII, Section 100-239 B, for permission to construct deck addition to existing one family dwelling, proposed construction will be within 75 ft. of water or wetlands. Property Location: Private Road 925 Wood Lane, Peconic, County Tax Map No. 1000, Section 086, Block 06, Lot 10. 7 : 55 p.m. Appl. No. 3919 - THOMAS COLLINS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239 4.B, for permission to construct a deck addition to a one family dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 305 Dawn Drive, East Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 20. 8: 00 p.m. Appl. No. 3930 - JOHN C. PERRONE. Special Exception to the Zoning Ordinance, Article X, Section 100-1O1B, for permission to occupy and use as a billiard parlor for commercial recreation. Property Location: Main Road, State Road 25, Mattituck, County Tax Map No. 1000, Section 122, Block 6, Lot 31. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 19, 1990 8: 05 p.m. Appl. No. 3914 - EVA HALLA. Variance to the Zoning Ordinance, Article III A*; Section 100-30 A.3, Article XXIV, Section 100-244, Bulk and Parking Area, Article XXIII, Section 100-239. 4, building setbacks from water or wetlands, for permission to construct a one family dwelling. Property Location: 55 Glen Court, Cutchogue, County Tax Map No. 1000, Section 083, Block 01, Lot 01. 8:10 p.m. Appl. No. 3922 - ROBERT AND THERESA TURNER. Variance to the Zoning Ordinance, Article III, Section 100-30 A. 4, Bulk and Parking area, for permission to construct an attached swimming pool to house. Property Location: 1525 Albo Drive, Laurel, County Tax Map No. 1000, Section 126, Block 03, Lot 17 . 8:15 p.m. Appl. No. 3925 - ELSIE PARKIN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Bulk and Parking Regulations in this Division of Land. Property Location 7575 Skunk Lane, Cutchogue, County Tax Map No. 1000, Section 104, Block 04, Lot 27 . Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 19, 1990 8: 20 p.m. Appl. No. 3908 - ROBERT OCHENREITER AND EDWARD LENCESKI. Variance for reversal of -a building permit to construct a one family dwelling. Property Location 565 Bayer Road, Mattituck, County Tax Map No. 1000, Section 139, Block 3, lot 14. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, Please call 765-1809 . Dated April 9, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda P l D 11` " IC C E I V E ® -OWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION MAR 2 0 1990 Application No. Southold Town Clerk Date Filed: 3la o f Sc� TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We) , John C, Perrone_ of P.O. Box 1467 , Mattituck (Residence, House No. and Street New York 11952 , (C/o Charles R. Cuddy as Attorney, 11901 ) (�amlet, State, Zip Code, lelephone Number) hereby apply to THEZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance With the ZONING ORDINANCE, ARTICLE X SECTION 100- 1O1B , SUBSECTION 6 for the below—described property for the following uses and purposes (and as shown on the attached plan drawn to scale): Occupancy and use as billiard parlor, for commercial recreation , fully enclosed , and uses normally accessory and incidental thereto associated with this activity. Area of occupancy for this use consists of four units , for a total area of 36 .ft . x 8O.4ft. within Building #1 (closest to the Main Road ) . A. Statement of Ownership and Interest. Parvi 7 Fara d_______ is(are) the owner(s) of property known and referred to as (House No. , Stree mlet_y Mattituck , New York identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6 , Lot(s) 31 , which is not Jj!k�xon a subdivision Map (Fxi)diedx but which is x� ► �txoxf fkftfl(e&MRI:Aox , )a)aflxhWxN9Cc�c approved by the Southold Town Planning Board on osxiy,) N xao3(ildxjmx]xgWx$dxrixi x for commercial uses in this 11V District . The above-described property was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The premises and the abutting lands along the Main Road , as well as those lands opposite the premises along the South Side of the Main Road , are all commercially zoned and/or utilized . C. The property which is the subject of this application is zoned "B" and [X ] is .consistent with the use(s) described in the C�;��c�Cix��4tx9cfx�fl4tslxx4i�i�fl ir�t►iaxi:siOctex�wcocbhx Zoning Code (copies attached for reference ) . ] 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. : (Signa tar JW C. PERRONE Sworn to before me this 28thday of February , 1990 • C14ARL,ES R.CUWy IN o t a ryPublic) Notary Putdk»Stets of New 11btk QMINIM in Suffolk6 ZB2 (rev. 2/6/86) . Commission Expires Deo.31, g7o 'Apt. N ,k" W p g rg_ k, i�o TOWN HOLD`�", POOPERTY .2CORD - F i" k" r. OWNER !STREET VILLAGE DISTRICT LOT V ZZA8. FORMER OWNER N E. ACREAGE r S W TYPE OF BU I LDING 10 ow RES. SEAS. VL. FARM COMM. IND. CB. MISC. Est. Mkt. Value D IMP. TOTAL DATE REMARKS T.,AWA/ f -f .7_sC_.C_xm1 so 4�11 /�B9 I L(.21g I Ac 6 jig� 302- aE6,0 go ZA L 10, I Is - i8ve- -4) P4 ra h z oicl- a 5D o 176�O re-401) _4pres s ODD, om AGE BUILDING CONDITION NEW NORMAL BELOW -ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD / � /Al BULKHEAD -,Tillable _�'2 DOCK Tillable'..-3 Woodland Swampland �.'Brushlcnd ik,Hous's Plot-,," `T p e -A . - �r.�` s r 5,{ �C Ware,,✓R'f,�p"U t.�.�ft Y�J Gl IZf-, I 1 r LA UX - z I iS - I 4 p ay[� r ` yr� J, r x rl Idg' X� 2;75 ZO Foundations Bath' ., Basement 16 Floors 3Z X " •.��/ Sr(oG Ext. Walls z 4 5 _ I Interior Extension ` Fire Place Heat x S Roof Type'- pa Porch G' v Porch Rooms 1st Floor ra' Breezeway nr Patio Rooms 2nd Floor. ,. Garage Driveway' : Dormer O. B. ✓ra3 9 V'l :.s i S" - .+..•[ - f. I.- r- mac: _ z. YF 1.; _ - � 1 cr + sk 9 --.:f 7 .'.{.. _ , T I �}a - .� � �= :S' �•- Tv R..",+L F),5 . :� a '..:-• a � ::: 5.- .:,' �,s-^7 �.,r :�sv � .a -zr'�. v;tea ,n'�3; ..0 �„ 7 _I:} r fir. A y ✓ s f `� �I :a - 3 s y�; 4 y s 4 9 9 e \ I \ 0 b fi+ it •. ° � � \ \• � Abe. � c O e /! /e�j�►1 % tr 0^ 3 N 0. N� A^ try +t•s -r, _ !►�r+A r ! 1 le 0 �")- z Z o �' Netit �llf. d ,add to ly Lo r- g% � ��• n�A� G1 $a o� SURVEY FOR PARVIZ FARAWAD JAH 2,19A9 At LAU"tL DATE JUKE B,19Be TOWN OF SOUTNOLD StALU 040' SUFFOLK COUNTY, NEW YORK No. AB-0140 N0401110111etO ALetAAtl0110AA001t10N to tNlf NOTES, IUAgANTEEb 1.01 fV Avel• 4�pL ATOM l fec"I'" tte/ar tHt 1. SUFFOLK CO.TAX MAP MY°roAR StAtt eb1►e11tIeN LA• FIRST RIQ1tF! INS,CO. DIST.mn 9ECT.iM BLOCK OQ" LOT-31 Ncepin O► tN1f lholve/Trot RAIN/ tNt LAND BUFF L V T L MR fUAvt"ll'f r111te9 KAL 04 91090 ItO RAL/HALL 2. • + MONUMENT Mot at eol meme to At A vALre tfut copy PA It llb } t 3. 0 + PIPE NQUARAMtttf A,etcAvre NtntoN sIALL Pup awl/10 b O "q pt ""► R MNOM 1Nt /VpVff 12►WAIItO r G� 4. Q 9 STAKE AND Ow lef ft NAL► ro tllt tltlf CON"Iff.S°vt11N- 3. TOTAL AREA+83659 S.F MtMtAL AftNcl A" eMe1"S el,tnutreN Llltte ""tem.t A�PO to me�1ffnt�lANt`t!or eNAtAMte"olllNO M 111001t1A000. 1VIN11t1�UtldAf AAu:ltoullitA•Lt o'A'NlAf Mal/tAMttt o"wil MtpeoM /ADM ►Aertety uMtf I /` 'Ea totAHtN• ItAUCTUAtf AAt►OA A 9FICIPIC • ►IMrest AND AAt 000f to ft Vlte TO to t#ALIO14 ppoptlltl LOKI OA►all M totelloo Or►emete 0I YOUNG a YOUNG VER E'D.NEW RK ALIEN W,YOUNI,PROFESSIONAL E46111EEa AND LAND SURVEYOR N.Y.9.00ENSE N0.12049 NOWAAO W.YOUNO, LAND SURVEYOR KY 9.LIC[N9E "0.45893 EXHIBIT "A" :� n•c111� ��� . •�may' 1 e • _IIU��l IU`�. rp ago Mil • �' ' III 1 =p'-g .��y���,i�.. t 'BA—rIN�- SIR HIS J :� �_�•°�;'�� `�Vie!!�u�„�•j .�— .� . is 1� ��'lliu►►��?fit %I�1�i�����►�� _ 0 Name U. Ir . � VCOUNTY OF SUFFOLK 0 D L .ram ®�;�• JUN 8 19 PATRICK G. HALPIN 2 1-5 SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING 360-5206 June 5, 1990 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Eileen Villani 3921 Murray Jacobs 3926 -,do'hn C. Perrone 3930 Very truly yours, _ Arthur H. Kunz Director of Planning. S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I., NEW YORK 11788 (516)360-5192 v :; as rT+ SCOTT L. HARRIS APPEALS BOARD MEMBERS 't .''' Supervisor. Gerard P. Goehringer, Chairman Al- Charles Grigonis, Jr. ° �j '1� 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 Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New .York , hereby refers ' the following to the Suffolk County Planning Commission : Variance from the Zoning Code , Article , Section' Variance from Determination of Southold Town Building Inspector, XX Special Exception , Article X , Section100-101 B Special Permit Appeal No . : 3930 Applicant : John C. Perrone Location of Affected Land : Main Road , Mattituck , NY County Tax Map Item No . : 1000- 122-6-31 Within 500 feet of : Town or Village Boundary Line Body of Water (Bay , Sound or Estuary) XX 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 occupy and use an existing building as a billiard room for commercial recreation . Copies of Town file and related documents enclosed for your review. . Dated : May 31 . 1990 ' 7� n APPEALS BOARD MEMBERS tt °4 rti� . SCOTT L. HARRIS Gerard P. Goehringer, Chairman 'T ' Supervisor Charles Grigonis, Jr. s _ 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 May 29, 1990 Charles R. Cuddy , Esq . Box 1547 Riverhead , NY 11901 Re: Appl. No. 3930 .- .John C. Perrone (Variance) Dear Mr . Cuddy : - Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors` Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' Office County Planning / r COUNTY OF SUFFOLK D - i 7 PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR PF PLANNING April 16, 1990 Town of Southold Zoning Board of Appeals ttt!!! Re: Appeal Vs 3914, 3919, 3921, 39 2, 3926, 39 7 & 39 0, Town of Southold Gentlemen: Please be advised that pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above captioned application will not be reviewed because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin No. 8 of the Suffolk County Planning Commission. The following information will only be accepted upon submission through the offices of the municipal referring agency. Please- provide the following: (1) a transcript of the minutes of the public hearing; and (2) the analysis and conditional findings of the ZBA. Thank you. Very truly yours, Arthur H. Kunz Director of Planning S/sGerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.L. NEW YORK 11788 - (516)360-5192 C=3 ±� Southold Town. Board f o Appeals MAIN ROAD - STATE ROAD 25' SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO,JR. 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 XX Special Exception , Article X , Section100-101B , Subsection 6 Special Permit Appeal No . : 3930 . Applicant : John C. Perrone Location of Affected Land : Main Rd. , Mattituck , NY County Tax Map Item No . : 1000- 122-6-31 Within 500 feet of : Town or Village Boundary Line Body of Water (Bay , Sound 'or Estuary ) " XX 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 X� furor �� '�n y and use as billiard parlor for commercial recreation. Copies of Town file and related documents enclosed for your review. Dated : April . 10 ;. '1990 r- DISCLOSURE AFFIDAVIT STATE OF NEW YORK) ) ss. : COUNTY OF SUFFOLK) JOHN C. PERRONE, being duly sworn, deposes and says: That I am the applicant concerning a Special Exception application before the Southold Town Board of Appeals concerning the occupancy of Building #1 at premises located on the north side of State Route 25 (Main Road) in Mattituck, Town of Southold, identified by Suffolk County Tax Map Number, District 1000, Section 122, Block 6, Lot 31, and make this affidavit to comply with the Southold Town Code as well as the General Municipal Law of the State of New York. That I am the proposed Tenant of Building #1 at the subject site. That I am a resident of the Town of Southold. That I understand that this affidavit is required by Section 809 of the General Municipal Law. That as the applicant, I have an interest in obtaining the relief requested. That my wife, Holly Perrone, is an employee of the Town of Southold in the State of New York. That no officer or employee of the State of New York, or of the County of Suffolk or the Town of Southold has any interest in this application. J ty C. PERRONE Sworn to before me this 19th day of April, 1990. CHARLER R.CIA)DY Notary Publ i Notary Public,State of Pt!ev,York it1n. 5£t7.221 , Qualified in Suffolk ccu-gy c� Commission Expires�cc-. i 8/a CHA-uEES R. CUDDY ATTORNEY AT LAW 180 OLD Gout-T AY ROAD(RTE. 58) P. O.BOX 1547 Riv AnuE:A D,NY 11901 ADJACENT TO TELEPHONE 3G9-82OO MOTOR VEHICLE DEPARTMENT AREA CODE 516 March 19, 1990 Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Special Exception - John C. Perrone Dear Sir or Madam: In connection with the above application for a Special Exception, the applicant seeks permission to occupy Building #1 (nearest the Main Road) as shown on the attached maps at premises located along the north side of the Main Road, Mattituck, New York. We enclose the following: 1. Zoning Board Application in triplicate ; 2. Notice of Adjoining Property Owner's Form with Affidavit of Mailing on the reverse thereof; 3. An original and three prints of a recent survey (depicting the parking areas. 4 . Short Environmental Assessment Form; 5. Zoning Board of Appeals Questionnaire; 6. A check in the amount of $150.00. We ask that this matter be placed on the earliest available meeting calendar date in April 1990. Thank you. Very truly yours, CTriarles R. Cud y CRC: lk Enclosures Hand .Delivery j APPEALS BOARD MEMBERS SCOTT L. HARRIS `. f Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Town Hall, 53095 Main Road Sere Doyen, Jr. g Y 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 April 9, 1990 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Appl. No. 3930 - JOHN C. PERRONE Dear Mr. Cuddy: This letter will acknowledge receipt of your application for a special exception and confirm that the Board members are individually conducting field inspections and review as may be required by state and local laws during the next couple of weeks concerning your application. In the interim, we ask that the ouside corners of the proposed construction be flagged, if not already done so. The public hearing on this application is expected to be held on or about April 19, 1990 at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time) in the near future. We do sincerely thank you for your continued patience during this period of transition within our department. Yours very .t/ruly.. Yy' GERARD P. GOEHRINGER CHAIRMAN GPG/df 4 i Vfglg6 SOUTHOLD TOWN ZONING BOARD OF APPEALS . COUNTY OF SUFFOLK : STATE OF NEW YORK -------------------------------------------X SOUTHOLD TOWN ZONING BOARD OF APPEALS HEARING - . .. In the- matter of: Murray Jacobs, Mark and Ellie Gordon Samuel and Rachel Salzman A. Lios Eileen Villani Thomas Collins John C . PerroneD Eva Halla Robert and Theresa Turner Elsie Parkin, Applicants ------------------------------------------X 53095 Main Road Southold, New York 11971 CApril 19 , 1990 BEFORE: GERARD P. GOEHRINGER, Chairman BOARD MEMBERS: CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI , JAMES DINIZIO, JR. ALSO PRESENT: DOREEN :: FERWERDA x �r.- 25 . that would be other than shielded to the property? MR. BOWMAN: No, sir, not that I 'm aware of. THE CHAIRMAN: Will there be any further extensions on the deck? MR. BOWMAN: No sir. THE CHAIRMAN: Thank you very much. Is there anyone else who would like to speak in favor of the application? ( No response) THE CHAIRMAN: Would anybody like to speak against the application? (No response) THE CHAIRMAN: Seeing no hands, I make a motion to close the hearing and reserve decision till later. MR. DINIZIO: Second. THE CHAIRMAN: All in favor? W MR. GRIGONIS: Aye 0 MR. DOYEN: Aye 8 MR. SAWICKI : Aye O Z MR. DINIZIO: Aye w Z Z a THE CHAIRMAN: The next appeal is m U Appeal Number 3930, John C. Perrone Legal o - a Notice reads as follows: Applicant Appeal Number 3930 , .Special Exception to the Zoning Ordinance, Article X, Section 100-101B, for permission to occupy and Cuse as a billiard parlor for commercial 24. MR. BOWMAN: My name is Charles Bowman President of Land Use Company and I 'm repre enting M Collins. The situation here again, i , the dec is partially constructed. It is no yet comple ed. There' s still some deckingmissing. Mr. Coll�ns was unaware of the need f% r a 75 ' setback re uirement . There is prop rty inthe area that h ' structures closer th' n the 75 ' . I 'm sure uponyour inspection, y ' ll see most property devel Red right to the, bulkheads i with the lawn to � he bulkhead ,, ,here the existing deck would be 491 rather tha ' 75 from the bulk- head. But certainly ,it is ur opinion that it would conform to the n� ig , orhood. Also, it U. would not have any detri� ental effect on Dawn Lagoon. We're here aft,�r ,,being advised by Mr. O Z Lessard we should be kere. So we hope you' ll Z Z consider this. m THE CHAIRMAN': We 'd li to ask two questions, somewhat similar to the last hearing. Will, at any time, there be either gazebos or any/'roofing placed on an one of these three• t/iers? MR. 4WMAN: No sir. .THE CHAIRMAN: Will there be any lighting . 26 . recreation.. Property location: Main Road, State Road 25 , Mattituck, County Tax Map Number 1000 , Section 122-6-31. The special exception reads: Occupancy for use of billiard parlor for commercial rec- reation, fully enclosed, using normal acces- sories incidental hereto associated withthis activity. Varying the occupancy for this use consists of four units, total area 36x80 .4 within Building Number 1 closest to Main Road. I have a copy of the Suffolk County Tax Map indicating this and surrounding property in the area. Would you like to be heard, Mr. Cuddy? MR. CUDDY: Charles Cuddy for applicant , John Perrone who is at my side. I would first ask that you accept into the record the disclos- ure affidavit. Mr. Perrone' s wife, Polly Perrone is now employed by the Planning Depart- ment . I ' ll hand that up to you. THE CHAIRMAN: Thank you very much Mr. Cuddy. MR. CUDDY: Mr. Perrone is a Mattituck resident who would like to open a billiard parlor on his property which is commonly known as .. .. .. _ ::`.w.y ,_.•;iu7e`yays,�dY..0-, .. _._. _. ... .. .._ .. .._:aC+.�. < a�)` it„F1Yd,...__. .._ .. __._......... .. 27 . Mattituck Commons. It is on the north side of Main Road opposite a gas station in the business area. The property is surrounded by businesses. The site was approved about a year and a half ago by the Planning Board, consisting of three buildings. This building . that ' s nearest to the road, is approximately 2900 square feet and he proposes to install 12 billiard tables and to operate it under his direction. In other words, he will be there. He' s going to lease the property. He' s going to control it . He' s going to supervise it. He intends that no one under sixteen will be permitted on the premises. He intends to W f 0 operate it on a basis from Tuesday through g Sunday and he would operate it from hours of 0 Z . . . approximately, I would say twelve to W Z twelve during the weekdays. He would operate m it weekends from one p.m. to two a.m. Friday, o W Saturday and Sunday.. . a - : This. .is an area that has abundant parking for this type .of operation because all the other places.,are closed .during the heavy _ - _.: .. .. �l yy�I.� •�-4V{"i.JSNY. :..... ... _ _. .. a .. _ �h -...-1�� v:.asii2�Jk1' �� _...,. �C'.-s.ss. .vc..2Wrr.s....-w....�._ Y 28. hours that his billiard parlor would be operating. He' s going to invest approxi- mately forty thousand dollars in getting the tables and set-up and he ' ll have a snack bar but no alcohol, so that ' s no problem. He ' s set conditions that there be no alcohol at these premises. He ' s local and he' s going to be in there full time. I would submit to the Board that this probably is as decent an operation as you could get . I believe that it conforms to all the requirements that are set forth in 263 and 264 of the Code. I don' t envision that there would be any adverse effect on the surrounding area or upon the businesses or property. I 'd ask the Board to approve this application. THE CHAIRMAN: Can I have the Sunday hours? MR. CUDDY: One p.m. to two a.m. ,* I '-m. sorry, one to twelve and the Friday and Saturday hours are one p.m. to two a.m. THE CHAIRMAN: For the record, there ( is no school in close proximity except for the Laurel-Elementary School? 29 . MR. CUDDY: That ' s right . THE CHAIRMAN: So that ' s no particular problem. There' s no sale of alcohol so that should not be a particular problem. We have placed restrictions on other food establish- ments that are closest to the school in the past . But I don't foresee any problem in that respect . Thank you very much for coming in. MR. CUDDY: Thank you. THE CHAIRMAN: Would anybody like to speak in favor of the application? (Collective response: No. ) THE CHAIRMAN: Would anybody like to W speak against the application? f 4 (Collective response: No. ) THE CHAIRMAN: Are there any questions 0 Z from any Board Members? w Z (Collective response: No. ) m ° THE CHAIRMAN: Hearing no questions, O Q W I ' ll make a motion to close the hearing and a reserve decision until later. MR. DINIZIO: Second. THE CHAIRMAN: Thank you all for coming in. All in favor? v - i a `�.S• .... � sshrr`.t17 . r 30. MR. . GRIGONIS: Aye MR. DOYEN: Aye MR. SAWICKI : Aye MR. DINIZIO: Aye THE CHAIRMAN: The next appeal number is 3914 and the Legal Notice reads. . . .could I just ask somebody to close that back door? . . .Thank you. Appeal applicant, Eva Halla, Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3 , Article XXIV, Sec- tion 100-244 , Bulk and Parking Area, Article XXIII, Section 100-239 .4 , building setbacks from water or wetlands , for permission to construct a one-family dwelling. Property location: 55 Glen Court, Cutchogue, County Tax Map No. 1000 , Section 083-01-01. The survey I have before me, produced by Roderick Van Tuyl (phonetic spelling) the most recent date, September . . . January' 4 ,1990. We have a very interesting application . here in that the applicant is requesting a zero lot line based upon the top of the bluff to Glen Court, which is simply at this particular point a paper street and the application 31. is a request that the deck be approximately -65 feet from the top of the bluff or what we refer to as the lip of the bluff. I have a zero lot line right adjacent to Glen Court with a 151 . setback' on. the. we.st 'side, 33 ' on the east side. I have a copy of .Suffolk County Tax Map indicating this and surrounding property in the area. Mr. Lark? MR. LARK: Richard Lark, Main Road Cutchogue. The first thing I 'd like to hand up would be a single and separate ownership search which is 244 Section. Should you re- quire it , I hand that up as an exhibit . I thought the Chairman was going to read the application. . The application is a part W 0 of the record, sworn by Mrs. Halla, on Y. January 26 , 1990 . However, I would like to O z cover a couple of highlights for the Board. w r since, as Mr. Goehringer said, this is a 6 3 unique application. 0 WW Mrs.. Halla cannot be here tonight because y; she lives in Levittown and is ill. However, her builder, Mr. Dempsey is here and he can answer any questions since the application you have before you, she was working in • T i 1 M 55 . C E R T I F I C A T I O N I , Myrtle Kiefer, do hereby certify that I am an Official Court Reporter and that the foregoing constitutes a true and correct transcript according to my official stenographic notes . Date Myrt Kiefer, Grand Jury Reporter m - W f 0 LL O O n O i Z W Z Z O T Q m O U Q V Z , W a ... ..= .. . .: .. .:'Q'�.:�.�t'-S�+CN l�"t.. ;:. ...-. '.'.'v.;:.' .... ..- ,. .. !�'3��''w f°.i)i�$:cdl.•..k"J�TMP'(4 a ... r-w .c f 54 . I 'd like to run out for a second and grab a little more water. We' ll recess. So move. All in favor? MR. GRIGONIS: Aye MR. DOYEN: Aye MR. SAWICKI : Aye. MR. DINIZIO: Aye ( Recess of the Agenda for April 19 , 1990 ) (Last hearing on April 19 , 1990 Agenda, Robert Ochenreiter and Edward Lenceski, Number 3908 - See separate transcript , same date. ) f x. ' I NOTICE OF HEARINGS permitted lot coverage,and wills..; Section 100-30 A.3; Article NOTICE IS HEREBY have insufficient side yard set- XXIV, Section 100-244, Bulk 267 of the Town Laww and the 1 J GIVEN, pursuant Section backs. Property Location: 310 and Parking Area, Article Linda Road, Mattituck,Coun- XXIII,Section 100-�39.4,build- Code of the Town Southold, ty Tax Map No. 1000, Section ing setbacks from water or wet- the following hearings will be 106,,Block,1,-Lot 14., , lands, for permission to con- held by the SOUTHOLD 1:50'p.m::''Appl: No::3921'-` ` struct a one familydwellin g. TOWN BOARD OF APPEALS ' EILEEN VILLANI..Variance to :. Property Location 55' Glen at a Regular Meeting, at the the Zoning Ordinance, Article Court,Cutchogue,County-Tax Southold Town Hall, Main XXIII, Section 100-239 B, for. Map No. 1000, Section 083, _ Road,Southold,N.Y. 11971,,on permission to construct deck ad- : Block Ol, Lot Ol. THURSDAY,APRIL 19, 1990, dition to existing one family 8:10 p.m. Appl. No. 3922'' at the following times: dwelling,proposed construction ROBERT AND THERESA 7:30 p.m. Appl. No. 3926- will be within 75 ft.of water or. TURNER.Variance to the Zon- MURRAY JACOBS. Variance wetlands. Property Location.*,-- ing Ordinance,Article III,Sec- to the Zoning Ordinance, Arti- Private.Road 925 Wood Lane,cle III, Section 100-33, tion 100-30 AA Bulk and Park as dis- Peconic; County Tax,Map No.:. ing area,for permission to con--. approved for permission to con- 1000,Section 086,Block 06,Lot, struct an attached. swimming struct an accessory shed in.side 10. • ­ - " pool to house. Property Lora- yard,accessory buildings may be 7c55 p. . Appl.'No. 3919-` tion: 1525 Albo Drive, Laurel; located in the required rear yard._ THOMAS COLLINS.Variance County Tax Map No. 1000,Sec .Property Location: 1180 Sage to the Zoning.Ordinance,Arti- lion 126, Block 03, Lot 17. Boulevard, Greenport, County cle XXIII,Section 100-239 4.B; 8:15 p.m. Appl.-No. 3925 Tax Map No. 1000, Section 53, for permission to construct a ELSIE PARKIN. Variance to Block 5, Lot 9. deck addition to a one family the Zoning OrdinanceArticle 7:35 p.m. Appl. No. 3927- dwelling,proposed construction III A,Section 100-30 A.3,Bulk MARK AND ELLIE GOR will be less than 75 ft. from the and Parking Regulations'in this DON. Variance to the Zoning bulkhead. Property Location: Division of Land. Property Ordinance, Article III, Section .305 Dawn Drive, East Marion, Location: 7575 Skunk-Lane; . 100-33,as disapproved,for per- County Tax Map No. 1000,Sec- Cutchogue, County Tax' Map mission to construct an acces: tion 35, Block 5, Lot 20. No. 1000,Section 104,Block 04, sory building to tennis court 8:00 p.m. Appl. No. 3930 Lot 27. 1 located in front yard,accessories JOHN C. PERRONE. Special 8:20 ,,. 1 permitted in the rear and area p.m. Appl: No. 3908= y Exception to the Zoning Ordi- ROBERT OCHENREITER only.Property Location:Private nance, Article X;. Section 'AND EDWARD LENCESKI: Road#7,Fords Road,Southold, 100-101B,for permission to oc- Variance for reversal of a build- County Tax Map No. 1000,Sec cupy and use as a billiard par- ing permit to construct a one tion 087, Block 01, Lot 18.4. for for commercial recreation. family dwelling.Property Loca 7:40 p.m. Appl. No. 3928- Property Location:Main Road, tion: 565 Bayer Road, Matti- SAMUEL AND RACHEL State Road 25, Mattituck; tuck, County Tax Map No. SALZMAN. Variance to the County Tax Map No. 1000,Sec 1000,Section 139,Block•3,.Lot Zoning Ordinance,Article III A, tioti 122, Block 6, Lot 31. 14. Section 100-30 A.3, as disap- 8:05 p.m. Appl. No. 3914- • The Board of Appeals will at proved, for permission to con- EVA HALLA. Variance to the said time and place hear any and 'struct addition to an existing Zoning Ordinance,Article III A, all persons or representatives de- dwelling,proposed construction _, siring to heard in each of the will have insufficient front yard above matters. Written com- setbacks.Property Location:65 above may also be submitted Old Salt Road and 400 Rochelle mentsprior to the conclusion submitted the Place, Mattituck, County Tax subject hearing. Each hearing Map No. 1022. Section 144, will not start before time allot- Block 5, Lot 22. ted. Additional time for your 7:I p.m.VariaAppince No. 39Z0- presentation will be available,if A. LIOS. Variance to the Zon- needed. For more information,, ing Ordinance, Article XXIV, please call more in Section 100-244,as disapproved, Dated: April 9, 199. for,permission to construct a ORDER OF deck addition to existing pool, THE SOU BY BY TOWN proposed construction exceeds BOARD OF APPEALS GERARD P. GOEHRINGER { CHAIRMAN i+ i - By:Doreen Ferwerda 'J 1X,-4/12/90(80) i NOTICE OF HEARINGS NOTICE IS I IEREBY GIVEN,pur- proved,!for permission to construct 1000. Section 083, Block 01, Lot suant to Section 267 of the 'Town an accessory building to tennis 01. Law and the Code of the Town of court located in front yard, acces- 8:10 p.m. Appl. No. 3922 - ill b Southold, the following hearings w sones permitted in the rear yard ROBERT AND THERESATURNER. will be held by the SOUTHOLD area only. Property Location: Variance to the Zoning Ordinance, TOWN BOARD OF APPEALS at a Private Road 47, Fords Road, Article III, Section 100-30 A.4, Regular Meeting, at the Southold Southold, County Tax Map No. Bulk and Parking area,for permis- Town hall, Main Road, Southold, 1000, Section 087, Block 01, Lot sion to construct an attached NY 11971,on THURSDAY,APRIL 18.4. swimming pool to house. Property 19, 1990, at the following times: 7:40 p.m. Appl. No. 3928 - Location: 1525 Albo Drive,Laurel, 7:30 p.m. Appl. No., 3926 - SAMUEL AND RACHEL SALZ- County Tax Map No. 1000,Section MURRAY JACOBS.Variance to the MAN.Variance to the Zoning Ordi- 126, Block 03, Lot 17. Zoning Ordinance,Articic III,Sec- nance, Article III A, Section 100- 8:15 p.m. Appl. No. 3925 - tion 100-33, as disapproved for 1 30 A.3, as disapproved, for ELSIE PARKIN. Variance to the permission to construct an acces- permission to construct addition to Zoning Ordinance, Article III A, sory shed in side yard, accessory an existing dwelling, proposed Section 100-30 A.3,Bulk and Park- buildings may be located in the rc- construction will have insufficient ing Regulations in this Division of quired rear yard.Property Location: front yard setbacks. Property Land. Property Location 7575 1180 Sage Boulevard, Grccnport, Location:65 Old Salt Road and 400 Skunk Lane, Cutchoguc, County County Tax Map No. 1000,Section Rochelle Place, Mattituck, County Tax Map No. 1000, Section 104, 53,Block 5, Lot 9, Tax Map No. 11100, Section 144, Block 04,Lot 27. 7:35 p.m. Appl. No. 3927 - Block 5,Lot 22. 8:20 p.m. Appl. No. 3908 - MARK AND ELLIE GORDON.Vari- 7:45 p.m.Appl. No. 3920-A. ROBERT OCHSENREITER AND ante to the"Zoning Ordinance,Arti- LIOS.Variance to the Zoning Ordi- EDWARD LENCESKI.Variance for cle 11I, Section 100-33, as disap- nance, Article XXIV,Section 100- reversal of a building permit to 244, as disapproved, for permis- construct a one family dwelling. sion to construct a deck addition to Property Location 565 Bayer Road, existing pool, proposed construe- Mattituck, County Tax Map No. Lion exceeds permitted lot cover- 1000, Section 139, Block 3, Lot age,and will have insufficient side 14. yard setbacks. Property Location: The Board of Appeals will at said 310 Linda Road,Mattituck,County time and place hear any and all per- Tax map No. 1000, Section 106, sons or representatives desiring to Block 1,Lot 14. be heard in each of the above mat- 7:50 p.m. Appl. No. 3921 - ters. Written comments may also EILEEN VILLANI.Variance to the be submitted prior to the Zoning Ordinance, Article XXHI, conclusion of the subject hearing. Section 100-239 B, for permission Each hearing will not start before to construct deck addition to exist- time allotted. Additional time for ing one family dwelling, proposed your presentation will be available, construction will be within 75 ft. if needed. For more information, of water or wetlands. Property please call 765-1809. Location: Private Road 925 Wood Dated April 9, 1990 Lane, Peconic, County Tax Map BY ORDER OF No. 1000, Section 086. Block 06, THE,SOUTHOLDTOWN Lot 10. BOARD OF APPEALS 7.55 p.m. Appl. No. 3919 - GERARD P.GOEHRINGER THOMAS COLLINS. Variance to CHAIRMAN the Zoning Ordinance, Article By Dorecn Fcrwcrda XXIII,.Scction 100-239 4.B, for 6644-ITA12 permission to construct a deck addition to a one family dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 305 Dawn Drive, East Marion, County Tax Map No. 1000, Section 35, Block ;Ordinance, 00 p.m. Appl. No. 39 - NC.PERRONE.Special Exccp- to the'Zoning Ordinance, Ar- X, Section 100-101B, for Permission to occupy and use as a rd parlor for commercial rccre- . Property Location: Main , State Road 25, Mattituck, ty Tax Map No. 1000,Section Bloc 31, p.m. Appl. No. 3914 - IIALLA.Variance to the Zon- rdinance, Article III A, Sec- 100-30 A.3, Article XXIV, Section 100-244, Bulk and Parking Area, Article XXHI, Section 100- 239.4, building setbacks from wa- ter or wetlands, for permission to constnict a one family dwelling. Property Location: 55 Glen Court, Cutchoguc, County Tax Map No. ..Cow T Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS /o J�6 GERARD P. GOEHRINGER, CHAIRMAN / CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H.SAWICKI JAMES DINIZIO,JR. a TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at .the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the- times allotted in the attached Legal Notice. Please feel free to. call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GER.ARD P. GOEHRINGER CHAIRMAN dff APPEALS BOARD MEMBERS T SCOTT L. HARRIS • •F Supervisor. Gerard P. Goehringer, Chairman Q Off' Charles Grigonis, Jr. ��01 `�� 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 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3930 Project/Applicants: JOHN C . PERRONE County Tax Map No. 1000- 122_-6=31 Location of Project: Main Road , State .Road 25 , Matt.ituck Relief Requested/Jurisdiction Before. This Board in this Project: Occupy and use a billiard parlor for commercial recreation . This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8- of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj , this Department is excluded as an involved agency. . This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr s Town Hall, 53095 Main Road �+0 • P.O. Box 1179 ' /�l •��0 Southold, New York 11971 JUDITH T.TERRY FAX(516)765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 20, 1990 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Re: Special Exception No. 3930 Transmitted herewith is Special Exception Application No. 3930 of� John' C'. Perrone. Also included is a letter of transmittal from Charles R. Cuddy, dated March 19, 1990; Notice to Adjacent Property Owners; Short Environmental Assessment Form; survey; copy of deed; and copy of tax map indicating the parcel involved. • Judith T. Terry Southold Town Clerk PROJECT I.D.NUMBER —I 617.21 S EQ R Appendix _ State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT 1SPONSOA Charles R_ Cuddy as attorne for• John C. Perr rle 2. PROJECT NAME 1. PROJECT LOCATION: John C. e Munlcloallty Town Of Southold-at t county �. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc..or provide map) North Side of .Main Road (State Route 25 ) , Mattituck , .NY 11952 5. IS PROPOSED ACTION: • ❑New ❑Exeanslon ❑Modificatlon/alteration X 0 C C U a n C 6. DESCRIBE PROJECT BRIEFLY: of xisting Building To establish by Special Use in accordance. with Article X, Section 100- 101B(6) of the Southold Town Zoning Code , a billiard parlor for commercial recreational purposes within certain units of existing Building #1 . 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately 8. Y�rI�L►L PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER acres USE RESTRICTIONS? IN Yes ❑No If No,describe briefly See- Site Plan as Approved by the Southold Town Planning Board FSite RESENT LAUD USE IN VICINITY OF PROJECT? ntial Ilpp--�V� ' Industrial •IQIcommercial ❑Agriculture Cl Park/Forest/Open space ❑Other eneral Business ON INVOLVE A PERMIT APPROVAL.OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL,LOCAL)? s ❑No If yes,list agency(s)and permitlapproval's lan approval from the Southold Town Planning Board . County Health Department approval , etc. for existingbuildin 11• DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ❑flo If yes,list agency name and permit/approval Please see #10 , supra . 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes EINo Only for Certificate of Use if a ro riate for this business I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE APPlicantrsponsor name: John C. Perrone (proposed Teaan+ l Date: Slgnalute: It the action is in the Coastal Area. and you are a state agency, complete the Coastal assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act recuires submission be this form, and an environmental review will be a:aae Ly this ward before any action is taken. ' SHORT ENVTP,ONMENTAL ASSESSME*IT FQRAI INSTRUc^IONS: (a) In order to answer the questions in this that the preparer will use currently available information short AconcerninQ it is sed project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. on has been nificant and completed=Environmental nAssessment Formswered Yesthepro is7nect ecessY be sig- (c) If all ary. ns have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1- Will project result in a to the project site or large physical change ph than 10 acres of land? physically alter more - than Will there be a major change to any unique or YeS X,dO unusual land form on the site? 3• Will project alter or have a large effect on _Yes Xyo an existing body of water? _Yes X No 4. Will project have a potentially large• impa groundwater quality? ct on 5• Will project significantly `Yes X No effect drainage flow on adjacent sites? _ Yes X No ' 6. Will project affect any threatened or endangered Plant or animal species? _Yes X *Io 7. Will project result in a major adverse effect on air quality? _Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? . _Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological' importance or any site designated as a critical environmental area by a local agency? _Yes X No 10. Will project have a major effect on existing or , future recreational opportunities? ~ _Yes X No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? 12• Will ProjectYes X No • regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes 13. Will —_ X No project have any impact on public health or satety? 14, Will proj ect directly .affect the existing community by causing a growth in permanent popula- tion of more than 5 one-year Period or have a majorrnegativeovereffect onthe character Yes X no of the community or neighborhood? 15. Is there public controversy concerning the project? Preparer' Yes _Vo s Signature: Representing: Self zsa '1/75 s Pro osed Tenant Date: 21 /90 tl Form 8007" 10-85 8H —Bargain and Salo Dood,with Covenant against Grantor's Acts—Individnal or Corporation. i CONSULT YOUR LAWYER B E SIGNING THIS INSTRUMENT—THIS INSTRI IT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the :Js day of December , nineteen hundred and eighty-six BETWEEN FRANK E. RUSKOWSKI, residing at (no#) Timber Drive, Calverton, N.Y. ; DOROTHY RUSKOWSKI, as Executrix under the Last Will- and Testament of Alexander Ruskowski, deceased, late of Suffolk County (Suffolk County Surrogate's Court #1085-P-1986 ) , residing at (no# ) Smith •Drive, Southold, N.Y. ; SHARON FREEMAN f/k/a SHARON RUSKOWSKI, residing at (no#) Chestnut Lane, East Quogue, N.Y. , LISA RUSKOWSKI, residing at (no#) Timber Drive, Calverton, N.Y. , and ANTHONY I . RUSKOWSKI, residing at (no# ) Timber Drive, Calverton, N.Y. being all the children of Anthony Ruskowski and devisees under the YrAp[�&MLxffAjcW&Mxxx Last Will and Testament of Mary B. Ruskowski, parties of the first part, and PARVIZ FARAHZAD, residing at 10 Lotowana Lane, Stony Brook, N.Y. 11790 party of the second part, WITNFSSETH, that the party of the first part, in consideration of �" — t l;o Xf dollars, lawful money of the United States; 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 ii1;V*x at Calverton, in the Town of Riverhead, County of Suffolk and State of New York, being known as part of Plots 6, 7 and 8 on a certain map entitled, "Map of James Smith Farms" and filed in the Suffolk County Clerk' s Office on December 15, 1894 as Map No. 491 , and more particularly bounded and described as follows: BEGINNING at a monument on the southerly side of Middle Country Road (NYS Route 25) distant the following tie line crossing said Middle Country Road from the corner formed by the intersection of the northerly side of Middle Country Road (NYS Rte. 25) and the easterly side of Fresh Pond Avenue: , South 73° 21 ' 10". East 411 . 28 feet which monument also marks the point of intersection of the southerly side of Middle Country Road (NYS Rte. 25) by the westerly line of land 'rAxrlAP now or formerly of William & Margaret 'Tintle; DESIGNATION RUNNING THENCE from said point of beginning South 66 30 ' 43" East 1)1,t.10600 along said land now or formerly of Tintle 2609 .24 feet to a monument and land now or formerly of United States of America; S,,. 116.00 THENCE the following four (4) courses and distances along last mentioned .land: I1It. 01 . 00 1 ) South 83° 46 ' 57" West, 596.53 feet to a monument; 2) North 6° 34' 23" West, 503.88 feet to a monument; I.01(0, 3) South 86° 48 ' 17" West, 321 .'08 feet to a monument; 001 . 000 4) North 5° 44' 53" West, 1975.52 feet to a monument and land now or formerly of Wesnofske; THENCE the following two (2) courses and distances along last mentioned land: 1 ) North 88° 31 ' 47" East 100. 00 feet to a monument; 2) North V 44 ' 53" West 200.00 feet to a monument on the southerly side of Middle Country Road (NYS Rte. 25) ; THENCE the following. three (3) courses and -distances along said southerly side of Middle Country Road (NYS Rte. 25) : 1 ) North 88° 31 ' 47" East 124.74 feet to a point; 2) North 896 17 ' 17" East 271 . 39 feet to a point; 3) North 890 54' 34" East 397.22 feet, to the monument at the point or place. of BEGINNING. TOGETHER with all n' title and interest, if any, of the party of -'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 the party of the second part forever. I AND the party of the first part covenants that the party of the first part has not done or. suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the 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 improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: Sharon Freeman k a �Rus Sh ron R skowski rank E. owski V oth R skowsk L sa Rus ows yS aron er he Last W la& Testament Freeman, for y-in- a t ; of Alexander Ruskowski, deceased Anthony . Ruskowski , Jr. `SATE bFrNEW PORK. COUNTY OF SUFFOLK Is: STATE OR NEW YOItX ' jNTY OF SUFFOLK p; On the 22ndday of December 1986 , before me On the 31 st day ,, December ' 1986 , before me personally came Sharon Freeman f/k/a ' personally came Frank E. Ruskowski & Sharon Ruskowski & Anthony I . Dorothy Ruskowski Ruskowski Jr. - to me known to be the individuals describe in and who to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that they executed the same. they executed the same. JANICE M. OLSEN Bl''''`nnn w. NOTARY PUBLIC,State of New York raornRv f;;giic sTnrE or�TEr�T No. 52.4527177,Suffolk Count T°e-m`-Z?3s25 surf0k ounty Term Expires March 30, 19 Expires Marc,I 3t)L .�3$g' STATE OF NEW YORK. COUNTY OF ss: STATE OF NEW YORK, COUNTY OF • ss: On the day of 19 ,before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly that he is the sworn, did depose and say that he resides at No. of that he knows ' the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seat affixed described in and 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 It name thereto by like order. at the same time subscribed h name as witness thereto. i STATE OF NEW YORK, COUNTY OF SUFFOLK) ss. : ' on this 22nd day of December 1986, before me personal ly y appeared Sharon Freeman, to me known to be the individual described in, and who executed the foregoing instrument, and to me known to be the attorney in fact of Lisa Ruskowski, the individual described in, and who as her attorney in fact executed the same and acknowledged that she executed said instrument as the act and deed of said Lisa Ruskowski by virtue of a power of attorney dated August 28,' 1986, intended to be recorded in the Suffolk unty Clerk's Office simultaneously herewith. joargain anb dale 39eeb JANICE M.OLSEN WITH COVENANT AGAINsT GRANTOR's Ac•rs secrtoN NOTARY PUBLIC;State of New York TITI E No. T1286.6193 BLOCK No. 52-4527177, Suffolk Coun LOT Term Expires March 30, 19ft FRANK E. RUSKOWSKI, et al . COUNTY OR TOWN TAX BILLING ADDRESS TO PARVIZ FARAHZAD Recorded At Request of Ticor Title Guarantee Company RETURN BY MAIL TO: 1 1�1CLV- e- C rl Miributrd by TICOR TITLE GUARANTEE Zip No. W :J i ^i V 7 Y Y L Y A 7 ' Y 7 7 C SA 11.E Ale ! w a 1 1 NO a Io II It S ~ ej 1.1 • ��� S. !EE stc. NO 11E ',a A 6 • . I � It ro f •N0 SR `y• A S. W • , 1. t o• _a� $ ea SEC. No. / r • W I 9 of °� • I iIV 0 R S" �♦ ere 'N a o IAMB 6 �o c ��\r � ♦ le c .Hiroo_ . 9 '• �' .��%Z�•�'n(J /�i� � `f �` �� l - S�M/CN SEE SEC W. IrS UNLESS oMMMN OIMCMO.St, ALL .RORERiIrS •i= .�,:,/`� _ AMR .ITMIM III[ TOLLO.INS DISTRICT/ No ICE ` ` NIIW S.II "n[R ewe NSMnQAMtre�RLTtRnMN.Ul[ a•• ilNt- SO MTeMMMT o[TRR4Tm P .MT ►011TNR1 p I.M: LNNT N tS T[M ■.VoLM CoATT ANT NY W CF. 1"to it MIt.MIUI "TT[M /[wSWON 01 IM[ 382. IMMR MEN"_ _ REAL -WRIT TAS "RnL[ Ann, r.MM..7 ST Lopend OKeMEL-BARER, 7R. r• lr.RNLM C."LIs rU.DI.Nkr LFr _—.r.—_ Nii.rDLpin LI.._—.N.-- 3".10-LWw (up Cr. .I'f.1.117 Orrr..C^•O""" T..M LW �--� Nww DhWn LI- _ R•—_ a..R DIr.1� R7 1 >� —•t.—_ R.1...pule Ll.._ Villq.Lk- LIw%I a.Nln Lb. —•L'-- OIwM 11.. 9<JJ pr.I� S7'. R.e►..I..,/...yl..Mi. R.IIn.7 so"l:.N r.S 01-1.1 LM . . Sd..I D:.NIn Lk- --�-- S—0---.l L W _—.5--- fJM.I....RMe{w. plj C.I..I..7 Aw 17R 1.1 _ 9 \ \ � o32QQ a P \ ® \ \ (p \ c. N� of 9 O^ aP m CD O \ 1 N 8 \ B o f0/ O O ulo aP \ \ �� N O 61 CD, WAT R� LINE CD c C VIE�� GO a �9 v /O 203 p ,N mG0 %N J�/ / O pit COLo 3 p so ,A ^ 3 N 5 N� N' 25d- g\O P �' A� S p \ N® tE j " O e, 0' , \v s G \ 5 GAP �O O oJ� 50.E ` XQ�F ° 2oQ2 22 'o / ® / Leo ct le i � m 0t�• y5•�, No 9/ / °o ��o N ,� o 0\ N o •> O Qom- CO 7p 00 '� � �0 � �- o Goa �\ ���• V 0.1� pw G) Op 0' O/ co SURVEY FOR PARVIZ FARAHZAD JA N. 2 ,1989 AT LAUREL DATE: JUNE 8, 1988 TOWN OF SOUTHOLD SCALE: I°=50' SUFFOLK COUNTY, NEW YORK NO. 88-0740 NOTES *UNAUTHORIZED ALTERATION OR ADDITION TO THIS GUARANTEED TO: SURVEY 6 A VIOLATION OF SECTION 7209 OF THE I. SUFFOLK CO. TAX MAP NEW YORK STATE EDUCATION LAW FIRST AMER' TdTL E� S. CO. DIST.1000 SECT.J22_ BLOCK-0- LOTS *COPIES OF THIS SURVEY NOT BEARING THE LAND SUFFOLK�@ tft�7 hla NK SURVEYORS INKED SEAL OR EMBOSSED SEAL SMALL \ 2. ■ = MONUMENT NOT BE CONSIDERED TO BE A VALID TRUE COPY PARVIZ FAR /+�D IV 3. o = PIPE *GUARANTEES INDICATED HEREON SMALL RUN ONLY TO O `O IL THE PERSON FOR WHOM THE SURVEY IS PREPARED G 4. p = STAKE AND aN HIS BEHALF TO THE TITLE COMPANY,GOVERN- 5, TOTAL AREA = 83659 S.F. MENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON,AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. GUARANTEES ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS *DISTANCES SHOWN HEREON FROM PROPERTY LINES �� 4589� TO EXISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABLISH PROPERTY LINES OR FOR THE ERECTION OF FENCES imm URNE��� NDER YOUNG YOUNG RRI ERHEAD, NEW YORKE ALDEN W.YOUNG,PROFESSIONAL ENGINEER AND LAND SURVEYOR N.Y_S.LICENSE NO.12845 HOWARD W.YOUNG, LAND SURVEYOR N.Y.S.LICENSE NO.45893 BRANDIS 6 SONS INC. 1046 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of John C. Perrone (a proposed NOTICE lessee; tenafit ) TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request.a "Rixrxgc*(Special Exception) (�pgXj4 ReXMjtJX"bC1=.1X) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North Side Main Road, Mattituck 3t\That the property which is the subject of such Petition is located in the following zoning district: General Business "B" District �h 4 That b� such Petition, the undersigned will request the following relief: Special Exception for occupancy of existing building units as a billiard room for commercial recreational purposes . 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article X section—1 n n- 1 no-1 o 1 R(6 ) [ ] S���ico�c��t��4c,xi���c�hox9cx3�v�oxlx�cc�fi��xxi�p�x�cva�x�fcxa�c�»��cxyv��w�cix��I;c�c�-�4�- yX 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) 7d5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: March 19 , 90 . John C . Perrone as proposed tenant Petitioner Owners ' Names : Parviz Fara_hzad Post Office Address C10 Charles R Cuddy, Fen : .... - Box 1547 , Riverhead , NY 1 1901 Tel . No . ( 516 ) 369-8200 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Mr. and Mrs, William Konkel Main Road, Mattituck, NY 11952 1000-112-6-32 Mr. Harvey Bagshaw New Suffolk Avenue 1000-112-6-35. 6 Mattituck, NY 11952 William Goodale & ano. Fourth Street 1000-112-76-30 . 1 New Suffolk, NY 11956 J 1 � STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK ) _ Linda F. Kowalski residing at 930 Ole Jule Lane , Mattituck , NY 11952 being duly sworn, deposes and says that on the 1 9th day of March , 19 90 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses 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 , NY ; that said Notices were mailed to each of said persons by (certified) ()(qg�sgfg0JxrX;Kik Linda F. Kowalski Sworn to before me this 1 9th day of March � , 19 CFiARLES R.Ct1DDY Notary NoPublic, 587 225New Yorit Qualified in Suffolk County Notary Public Commission Expires Dec,31,19/-U (This side does not have to be completed on form transmitted to adjoining property owners . )