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Home My WebLink About7239 4 1 r < �kc. A jUO vie bb y. �a - A 5 o PR A-t 1 ti Apr- 'Yco-kk alai�19 CHECK BOXES AS COMPLETE ( ) Tape this form ( ) Pull ZBA copy o c> ® a 0 ( ) Check file boxe Q- -� ( ) Assign next nur 7 y outside of file f o ( ) Date stamp en1 rn -n -0 C7 u' E: cn fife number C)X o � o � 00W ;0n U) �u• ( ) Hole punch ent ) � o o Ej- r 3 r r (before sendinf (Wo 3 o 3 n ( ) Create new ind w w m `D 3 n ( ) Print contact in iv o p ( ) Prepare transm w N �' { ) Send original al o :� Cn to Town Clerk ( ) Note inside fileCP C and tape to ins 0 ( ) Copy County T, m -n neighbors and o `D ( ) Make 7 copies a 3 ( ) Do mailing label N W ; 13 1613 ,14- lhuhq P4� P ` BOARD MEMBERS ®f ® Southold Town Hall Leslie Kanes Weisman,Chairperson �� ® 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor; Robert Lehnert,Jr. O �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �� Southold,NY 11971 9 http://southoldtowmy.gov RECEIVED ZONING BOARD OF APPEALS fl kc' 4 3 T� >M TOWN OF SOUTHOLD FEB 26 20AM-& " Tel.(631) 765-1809•Fax(631)765-9064e��a . S®uJ hold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 21,2019 ZBA FILE: 7239 NAME OF APPLICANT: S3S LLC,Martin Kosmynka PROPERTY LOCATION: 65 Commerce Drive,Cutchogue,NY SCTM No. 1000-96-1-1.3 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the-Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated October 19, 2018 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. TOWN OF SOUTHOLD PLANNING BOARD: This application was referred to the Planning Board for review and comments. In their memo dated January 30, 2019, the Board Chairman indicated that the Board had no objection to the variances requested since the proposed buildings are located in an established industrial park area and are consistent with the Town's Comprehensive Plan for Light Industrial zoned parcels. PROPERTY FACTS/DESCRIPTION: The subject property is a 162,852 sq. ft. parcel located in the LI zone. The parcel has a frontage along County Road 48 of approximately. 380 ft, then runs north along Depot Lane for approximately. 158 ft. It then turns northeast towards Commerce Drive for 513.6 ft where it meets the road ending before returning 390.42 ft to County Road 48 as shown on a survey by Kenneth Beckman, LS, dated August 10, 2018. The property is unimproved with the exception of gravel at grade where the owner has placed mobile storage units when they are not in use. BASIS OF APPLICATION: Request for Variances under Article XV, Section 280-64 A& C, and Section 280-50; and the Building Inspector's May 25, 2018, Amended August 10, 2018 and October 16, 2018 Notice of Disapproval based on an application for a permit to construct buildings for a self-storage business; at: 1) two buildings having less than the code required minimum front yard setback of 100 feet from a right of way, located at: 65 Commerce Drive, Cutchogue,NY. SCTM#1000-96-1-1.3. Page 2,February 21,2019 #7239, S3S, LLC,Martin Kosmynka SCTM No. 1000-96-1-1.3 RELIEF REQUESTED: The applicant requests a variance to reduce the front yard setback from Commerce Drive to 25 feet and 27.1 feet respectively, for two proposed self-storage buildings where the Town Code requires a 100- foot minimum setback for each. ADDITIONAL INFORMATION: Testimony was given by the applicant's attorney as to the character of the neighborhood. It was stated that the proposed use is in keeping with the current zoning, that it was a clean use, and that some of the other parcels in the subject neighborhood had either similar or more non-conforming front yard setbacks than what the applicant is proposing. Correspondence was received from the owner of the parcel across County Road 48, questioning any existing or proposed encroachment into the 100-foot buffer along the County Road 48 & Depot Lane sides of the property. The buffer is included on this property as per a covenant placed by the Planning Board and depicted on Subdivision Map of North Fork Industrial Park filed with Suffolk County on January 25, 2005 (File No. 11215, ABS No. 15369). At the hearing the attorney representing that objecting property owner stated that his client was only interested in compliance with the current covenant for a 100 ft. buffer on the property fronting County Road 48 and did not object to the variances, as applied for. The applicant/owner of the subject property gave testimony that the covenants and restrictions would be honored. The applicant also gave testimony that the Southold Fire Marshal requires a 25-foot-wide paved fire lane be provided around all the buildings. Personal site inspections by Board Members and a Google Earth map both show that the adjacent parcel to the east has been developed by this applicant into a self-storage facility, with an encroachment of asphalt and storage pods into the 100 ft. buffer, fronting County Road 48. Letters from surrounding property owners supporting the project were submitted to the Board. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 7, 2019 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject property is located in a Light Industrial area with similar sized buildings, uses, and setbacks on adjoining properties. Commerce Drive ends in a cul-de- sac that gets very little traffic, as it is at the end of the road, and all traffic is destined for either this site, or the adjoining site. No other businesses are located at the end of this road. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The need for the front yard setback variances occurs mainly because of the curve of the cul-de-sac on Commerce Drive. This brings the street into the property in what would otherwise be a front yard area 3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing an approximate 75 % relief from the code. However, due to the cul-de- sac located along the Commerce Drive frontage of the property, any reasonable use of the property would require a variance. The adjacent buildings to the north, at 50 Commerce Drive are set back 15.9 feet from the front property line(ZBA Appeal# 6514). Page 3, February 21,2019 #7239, S3S,LLC,Martin Kosmynka SCTM No. 1000-96-1-1.3 4. Town Law &267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this industrial area will have an adverse impact on the physical or environmental conditions in the neighborhood. Other buildings in the area have similar uses and non-conforming front yard setbacks. Additionally,the required site plan approval by the Planning Board will ensure compliance with and/or mitigate any adverse impacts to the area, specifically with regard to filed covenants and restrictions relating to a 100 ft. buffer as depicted on the subdivision map. Also, the applicant must comply with Chapter 236 of the Town's Storm Water Management Code and the conditions imposed herein. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of two self-storage buildings while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Lehnert, seconded by Member Planamento, and duly carried, to GRANT the variances as applied for. SUBJECT TO THE FOLLOWING CONDITION: 1. Prior to the issuance of a Building Permit,the applicant shall submit to the Board of Appeals a final site plan, as approved by the Planning Board,depicting the proposed 25 foot and 27.1 foot front yard setbacks from Commerce Drive,as approved herein,the 100 foot buffer either in a natural, undisturbed state in accordance with the"Subdivision Map of North Fork Industrial Park" filed with the Clerk of the County of Suffolk on January 25,2005 (File No. 11215,ABS No. 15369) or showing any encroachment into the 100 foot buffer as approved by the Planning Board,and any other changes from the proposed improvements shown on the Preliminary Site Layout prepared by Kenneth Beckman,Land Surveyor dated August 2018 as submitted to this Board for the variance relief granted herein. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page 4,February 21,2019 #7239, S3S,LLC,Martin Kosmynka SCTM No. 1000-96-1-1.3 Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one(1)year terms. Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Planamento and Lehnert. This Resolution was duly adopted (4-0). (Member Acampora was absent) �'wrJ eslie Kanes Weisma , Chairperson Approved for filing /dS /2019 i o b 1-1/2- 1-1/2'1 ASPHALT 6" REINFORCED O M EXPANSION JOINTS N o 1 R=1" CONCRETE APRON W/ 6"x6" 6/6 NWM P ' +' FINAL 1 1/2" GRADE 0 x �n p p . \_ p p pBIND R COURSE" p' ••••: '`. :: � ' ..• p c• p ;� ADJACENT � O12" PAVED �R' 0PP �()`� ,� RCA BASE COURSE PAVEMENT d I " I " o 2 -s 4-o DRIVEWAY P m ��G R=25.00' 'QO IQ L=21.03' SECTION A-A / �� :':•':'Q. Q�'� r n �n STABILIZED' COMPACTED SOIL o TYPICAL SECTION - ASPHALT PAVEMENT ROLLED ASPH. CURB DETAIL °! e�cF WIDTH OF PAVEMENT F Ao$: : : : : : : C� ! SITE o � EXPANSION JOINT (jo e• PROP..•. �• i a CONTRACTION LAWN �S9 o ' AREA JOINT %K P� Vb . . . .'.'. . . . . . . . . . . . . . 1J' �i) F. 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EXISTING 5'-8' k z o O Q�� a� 0 � / EMOVED CEDAR TREES a O cv A I I ' I O A �,, � o Q STORM TO BE REMOVED ,; Q O o o �` I IP �6 �-z I � DRAIN I � v_ 3'-0" WIDE SAND & GRAVEL Q a v� N RING ( 'LL-X : , COLLAR ALL AROUND AND REPLANTED �o .tea � W o . I I .. .:.. IN PROPOSED 60 a ,y WIDE BUFFER ALONG ' I � 4" SOUND AVENUE L.P.P 5 a Ik GROUNDWATER N .' S E:DRAINAGE`CALCS: ' ' +k PROPOSED g0 Q ASPHALT kk3 PAVEMENT +kti I / / / + o Q PROPOSED 6' CHAIN LINK FENCE DRYWELL 4, COVERED ENTRY o AS 000 &0' Ck PROP. o6O POST I FOR BOGH O \ M \ Lf IST / SECURITY # I / R. + , CAMERA ��` �� 47.01 L.P.q3• \ \ \ I / /' 47.43 / � � sr 60 \ EXIST. CONC. k55 00 \ \ \ k,a I // PGS �o / ' ' ' ' ' ' ' . . . . . . . . . . . . . . . . . . . !R ss RET WALL h \ \ kkti \ I / c�Q o. +.. . . . . . . . . . . . . . . . . . . . . . . . .�.'.' '. / . . TO BE ro \ REMOVED /.' j' . . . . ✓. . y. . . . . / / \ \ L.P. /' . . ' ' . . . . . . ' • . EX/S�. .J. . .. . . . . .j:. / . . . 1 ® , U \ / u'o \ \ gJ 1 / �. . . .'. . ...'.'. '.'.'.'.`.�0°�/�f'. ..:. .'. .'i. / wQ �'"N� \ t u'o / J. . . . ./ . . . .. . /. // 47.13 / U o• . . . . . .r , . / \ #\ \ QO GQ \ Op t / /. . . . . . . . . . . . . ..I%. . . . y / �C 47.54 `p / PRO S \ + \ 5Q / . . . . . / / . A� T� s \ t�561 6 H�4(Fl UN \ \ \ \ 400, � OO� 1 / �: . . . . : : : : : : : : : : . . . . . .FENCE . . . . . . . . . . . . . . . .. . . .. . . . . � \ \ \ Q c, c'. �� 'tK o`��..'.'.':':':':':... . .. . .. . . . ' ': .' ' ' '. . . . ./ : .�: / v��\ � F a��PROP, \�ky�� \ \ \ \ c��pp�P,��F,�'• Q O AQP/ � 1 .:��5�•:. . . . . . . . . . . . . . . . . . . . . . . . . . . . .'.:.:.:.:.:. •..:.:.;.:.:.:.:.:.:.:j.�:.:.:.'.% NC, a/O q \ O O i 1 0 . . . . . . . . . . . ,� . . SPH. \ \ Q r?o,. . . . . . . .;.:.�. �Q 47.36 / .\- ORI Vf \ \ \ �O �� .'.' /'.'. ( . .'.'. .'.' '.'.'.'.'.'.'.'.'. .'.'.'.'.'.'.'.'.'.'.'.'��.'.' / �, : : : : : , 47.70 . . . . . . . . . . . . /. Fq \ PROP. . . . .'. . . . .'. . . . .. . . . AREA TO BE. . / 2-Q / . . �. 14' HIGH .....•.•.. .1. . . . . . REPLANTED- WITH �.�'� POST FOR : : : : . . . t /\\S� \ . . . . . . . . ��. . . . . : . �X4$TING . TREES.FROM! Fq �s SE RITY . . . . . :': .' ' . , \ / 1 ,� + / \ / �, G ADJACEN . LOT. �� CAMERA _. . �.�. . . . . . '.'. .:. • \ / + . . . ., .��!.. . .•............. . ..'.'.:.:.;.;.'.'.'. . . . . . �. . . . / 0 A6, .'.....,.'.'..... . .......'.oci . .'.'�,'.'.'.:. .'. . } // `Lh \\ // \ �V. . . . . . . . . .... . . . .............�� 1�� / . . � . LEGEND ` ' ':':':•:':':�' ':' ' ' ':; : ' \\ +ky° /}'.':':':':': . . . . '.:::::::::.:.:'. . ....... ..:.:.:.:.... . . ..:.:':':'� �Q / 47.57 0, . . . ./. . . . . . .'1'. '�".'. . . s:°i. Q / PROPOSED LANDSCAPING .'. . . . . . . . . ' + \\ /' . . . :': : : : : : : +%aa : �'� ` X 47.92 F,o \ . . . . . . . . . . . . . . . . . . . . \ \ ' ' . . . 1 ' ' . . .' ' '. . . . . . . . �`°'.' i 'W' PROPOSED WALL LIGHTS O As .. . . / '.'.'. . `��'. .'. O 0. // . . . . . . . -v-� PROPOSED SIGNS R� ... . . .�0. '.'.'.'.'.\'. Oo f /o \\\ /' . . . . ., . . . .'.\. /. .. ��i o� F s . . . .'.'. . .'.'.'. .'.'.'.'.'� . . . . . . . . . . . . . . . . . . .'.o . . . \ /'. . . . . . . . . . . . 1 / / • PROPOSED CONIC. FILLED BOLLARD 'O j. . . . . . . . . . . . . . y' 7o 1.1 .o \\ .. . . . . . . . . . . o v 0v T PROP. TRANSFORMER PADtK f/ /. . .'./. .'.'.'.'.'.'.'.'.' '.'.' . . . '.\ s // +.. ry . . . . . . .. . .'.'.'. .'.'.'.'.'. .'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'. .'.'. .'.'.'.'.'.'.'.' `O/ 47.6 FD PROP. DUMPSTER . . . . . �. . . . . . . . . . . . . . . . . . . !./\ . . . . . + S \\ °O . . . . . . . . . . . . . . �. '.'.'.'. . �. . . . . . . . . . . . . . .'. -9 \\ / /.'�.......... . '.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'. .. . . . . . . . / GA / . . . . . . . . / . ..'.'.'. '.'.'.... . . . .'.'.'.'.'. .'. . ' '.'. .' \ FS \ / . ,. . . .I . . . . . ./ . .'.'.'.'.'. .'.'. .'.'.'.'.'.'.'.'.'.'.', .'.'.'.'.'.'. .'.'.'.'.'.'.'. . . . . • Q � �.j . . . . . . . . . � . . . / . . . . \. . . r \ / t�: ��-. . . . .//... ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .j /48.02 NOTES. . . . . . . . . . ' '.'. '.; . .'...'.'.'. . .'.':' : . .'.'.'.'. :k. \ \ , . . . . . . . . . . . . . :. . . . . . . . /� �. . 1. THIS PROPERTY ALSO KNOWN AS LOT 3 ON t . . . . . . . . . . . . i . • . . . . . . • . . . . f . . . • . . . '.'.'.'.'.'.'.'. /• o / \ ' ' ' ' ' ° MAP OF NORTH FORK INDUSTRIAL PARK. c� \ �. . . . . . . . . . . . i . . . !, ►� /'.'.•.'.'.'.'.•.'.'.'.'.'.'.'.'.'.'. . .'.'.'.'.'. . . . . . . . . . . . . . . ./. . , /x'48.2 !< \s . . . . . . . . / . . . . ..' '. . . . . . . . . . . . . . . . . . . .'� . . \ 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ./'.' Q / / '� 2. THERE LANE SHALL BE NO ACCESS TO DEPOT ��ro. �t�• . . . .i. . . . . . . . O.'. \ * .... . . . . . . . . . . . . . . . . . . ..................... . ................... .'.'.'.'i. . �'� 4. .�./ .�f...... . . . . . . . . . . . \. \ �. .keg ./ Q ��' 3. STORAGE BUILDINGS DO NOT CONTAIN A F 1 \ +. +. . . . . . / ,�O \ . . . . . . . . . / . . . . POTABLE WATER OR SANITARY FACILITIES. R \ s �� . . .. . . . . . . . . . . . . . . . �: . . . . . . . . . . . . . . . . .... . . , .♦ .....,�•- /•. . .. . . . . 4. SOLAR PANELS 10 BE INSTALLED AS �. . . . . . . . . . . . . . . . i-r vri.r.�:,� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . .. . . . . . . . . . .'.'. FI E GATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'j/.. .'. PART OF PHASE 3 .> . . . . . . . . / .�`C . . . . . . . . . . . . . . . . . . . . . . .it ><� ,s . ........... '.............. . . . ................. . . . ..... .. .. . . . . . . .'.'.'. . j. 1. . :. . . . . . . . . . . . . . . .' .'. . . . . . . . .' .', j' x 48.17 ohs:. . . . . . . . . .. .:. . .'. . . . . . . . /. . . . . : . . . . . . . /� / / RAINAGE CALCULATIONS /. . . . . . . . . . . . . . . .. . . . , . . . �� / /48.40 0 PA AREA = 5225 S.F. x 100% x 2 12 = 871 CU. FT. , , / O• '.'.' ' ' ' ' ' ' . . i' ' ' ' ,o \ ROP.. . . . . USE 1 10 DIA. 13 V.FT. = 889 CU. FT. ACT. CAP. C7 ' � Ir k6 .EXIST.. �. j. SYSTEM !� �s . . . . . . . . . . . wEEI p. . '.'.'.' .'.. . .'.'.'.'.'.'`� . . . .Y14 HIGH. �.'. . . . . . tK . . . . . . . . . . . . . . POST•FOR .'. . . . . . . . PAVT. & OOF AREA = 13,250 S.F, x 100% x 2/12 = 2207 CU. FT. - . . . . . . . '. Q' %' i'. USE 3-10 DIA. 11 V.FT. = 2258 CU. FT. ACT. CAP. FArr, `' / . ` . . . ./ . . . . . c`. . . . . .. . . . . . . . . . . . // '.'CA.MERA ':'.��/:':'.'. :.. . . . . �s / ,/• IR•. . . . .'.'. i 48.03 PAVT. & R00 AREA = 21,300 S.F. x 100% x 2 12 = 3550 CU. FT. O ' ' • ' • . • •.•.•.•.•.•.•.•.' • • • • • • • • • . . . . . . / /.'.'.'.' '�SYSTEM No-\3 :do USE 4-10' DIA. 13 V.FT. = 3558 CU. FT. ACT. CAP. - // Q' . . .EXIST. %' y :' / .��/ SYSTEM No. 4 ESTIMATE OF QUANTITIES , ':':':':':':':': :':':' :•..:..., � . ..:.:.:.:.:.. ba._:_:_:_:_:__:_:�o : ; : : . : : : : : : .' ,/ 48.31 0�° PAVT. AREA = 3 0 S.F. x 100% x 2/12 = 555 CU. FT. / *ke COBBLESTONE CURBING 85 L.F. \ � . .:.:.�.:.:. .•.•.•.•,•�•.•.•�•• •••••�•�•�•••�•�.'.'.'.'.'.'.'.'.'.'.'. •.'. . . . . . . . . . . . . . USE 1-8 DIA. 14 FT. = 591 CU. FT. ACT. CAP. CONCRETE CURBING NONE \ I . . . . . . . . . . . . ' • . . . . . . . ' " ' " " " / 8.54 SYSTEM No. 5 ASPHALT PAVING 87,535 SQ. FT. \ ��o� F,� // PAVT. AREA = 2400 F. x 100% x 2/12 = 400 CU. FL Aa, • ' ' • • ' ' ' • • • 148.10 / WALKS NONE �s 1 / 1/2 ROOF AREA = 67 0 S.F. x 100% x 2/12 = 1125 CU. FT. o •,� ".'.'.'.'.'." " ' " AREA- BE " " " " ' � " ' � , TOTAL REQ. CAP. = 15 cu. FT. FENCING 800 LIN. FT. ` - J ! 0 REPLANTED WITH ' ' 1K / ya`r� / 4&1,69 �� OF NES USE 2-10 DIA. 12 V.FT. - 1642 CU. FT. ACT. CAP. DRYWELLS SEE DRAINAGE CALCS. ...'.'.','.'.'.'.'.' '. �Q / >x°'�°c �P (H H. ss EXISTING CEDAR • . ��'' - - °'��` / �° �� OWNER: �, a� O SYSTEM No. 6 TREES•FROM. . . . . ...... /� G ��, �',�. -/ PAVT. AREA = 5871 S.F. x 100% x 2/12 = 978 CU. FT. ID / 0 535 LL`C q o o ADJACENT.'LOT.. . . . . . . . . r=Yc ` :' 1/4 ROOF AREA = 3375 S. . x 100%x 2/12 = 562 CU. FT. SITE DATA �' OG OR�j� /,�`,• , . . p0 / 20 FAIRLINE DRIVE *-_z TOTAL REQ. CAP. - 1274 Cu. FT. AREA OF SITE 162,852 S.F. �� G,o 4.25 L= ' '•23 1§ of SEA CLIFF, NY 11579 \ USE 2-10 DIA. 10 V.FT. = 13 CU. FT. ACT. CAP. FLOOR AREA OF BLDGS. PHASE 1) 25,500 S.F. ' F �0 120 / SYSTEM No. 7 FLOOR AREA OF BLDGS. PHASE 2) 20,925 S.F. `�!! /l4s'42 o� PAVT. AREA = 4275 S.F. x 100% 2/12 = 712 CU. FT. O ❑ 10* 1/4 ROOF AREA = 3375 S.F. x 10 % x 2/12 = 562 CU. FT. TOTAL FLOOR AREA OF BUILDINGS 46,425 S.F. `� /y tK PRELIMINARY SITE LA �.0 TOTAL REQ. CAP. = 800 Cu. FT. TOTAL PERCENT OF LOT OCCUPANCY 28.51% eo !2F CONC.. �� c,/ \��, / 48.68 USE 2-8 DIA. 10 V.FT. = 845 CU. ACT. CAP. AREA OF LANDSCAPING 3,334 S.F. OR 2.0%SYSTEM No. ,- yzl' PAVT. AREA $ AREA OF BUFFERS 3135 S.F. x 100% x 2/1 = 522 CU. FT. VEGETATION REMOVED FROM LOT 1.2 1,4�051S S.F. OR 27.2 ��s o!� ec 4?os CONIC. CURB /'' / F, 48.85 NORTH FORK SELF STORAGE SITUATED AT USE 1-8' DIA. 13 V.FT. = 549 CU. FT. A T. CAP. VEGETATION REMOVED FROM LOT 1.4 1,020 S.F. s� / / `'� 01XIO CUTCHOGUE SYSTEM No. 9 AREA OF PAVING 88,944 S.F. OR 54.6% / 48.34 TOWN OF SOUTHOLD, SUFFOLK COUNTY, • NEW YORK PAVT. AREA = 8768 S.F. x 100% x 2/12 = 1461 cu. FT. SCHOOL DISTRICT MATTITUCK / �° 1/4 ROOF AREA = 3375 S.F. x 100% x 2/1 = 562 CU. FT. POSTAL DISTRICT CUTCHOGUE /' s'� / �� S.C.T.M. 1000-096-01-001.3 TOTAL REQ. CAP. = 2023 CU. FT. o PREPARED BY: PREPARED FOR: I WATER DISTRICT S.C.W.A. '� 48.60 USE 3-8 DIA. 10 V.FT. = 2053 CU. FT. ACT. AP. FIRE DISTRICT CUTCHOGUE // J !'�L ��`' of SYSTEM No. 10 47.54 / PAVT. AREA = 15,750 S.F. x 100% x 2/12 = 26 Cu. FT. TOTAL PARKING REQUIRED 26 SPACES / 48.78 °° KENNETH H. BECKMAN, L.S. 65 COMMERCE DRIVE, LLC 1/4 ROOF AREA = 3375 S.F. x 100% x 2/12 = 5 CU. FT. TOTAL PARKING PROVIDED 35 SPACES p m SURVEYING AND LAND PLANNING 50 COMMERCE DRIVE TOTAL REQ. CAP. = 3187 Cu. FT. EXISTING ZONING LI a / k. CUTCHOGUE, N.Y. USE 4-10 DIA. 12 V.FT. = 3284 CU. FT. ACT. CAP. USE PUBLIC STORAGE _ / `'� 1814 MIDDLE COUNTRY ROAD SYSTEM No. 11 v / e 48 9g°� SUITE D PAVT. AREA = 2120 S.F. x 100% x 2/12 = 353 CU. F . z �� °�' RIDGE, N.Y. 11961 USE 1-8' DIA. 9 V.FT. = 380 CU. FT. ACT. CAP. PARKING REQUIREMENTS �0°� „ REVISIONS: SYSTEM No. 12 STORAGE SPACE = 25,500 S.F. _ 1000 = 26 SPACES SCALE: 1 =20 REV. 5/30/2018 DRAWN BY: KAK PAVT. AREA = 6840 S.F. x 100% x 2/12 = 1140 CU. FT. / REV. 7/25/2018 PARKING SPACES PROVIDED = 35 SPACES / DATE: MARCH 2018 REV. 8/10/2018 CHECKED BY: KHB 40 IF USE 2-10' DIA. 9 V.FT. = 1230 CU. FT. ACT. CAP. / DRAWING: BB1-6564 JOB No. B18-18856 SHEET: 1 OF 1 i x n O � m 0 0 0 U v O r m CORPORATE RD. (70' WIDE) Ln — — 0 .41 e` e ♦o de le e � 0 i SITE t 48 NORTH ROAD) 1 MIDDLE ROAD (120 WIDE) o 1 / e i i o 0 m v 0 r D Z m O O m LOCnu, ofNEW )-O OF PROPERTY SITUATED AT ��A. BEC CSI H 00 z= •^� 2 T O TOWN OF SOUTH OLD SUFFOLK COUNTY, NY xENNL.s. 0 300 450 600 Su. • i-Ab0 d Planning 181 e Country Road Suite D Il Ridge, N.Y. 11961 1 inch = 300 ft. (613) 345-9427 FAX (631) 345-9429 CORPORATE RD. (70' WIDE) n 0 m n m 0 m 0 0 m 1 STORY METAL BUILDING VACANT (MIXED BUSINESSES) (MATERIALS & RECYCLING) a VACANT 0 (OUTDOOR STORAGE) \ m m o r D Z / VACANT m (RECHARGE BASIN) ,--% 11-11 VACANT o Ln / (MATERIALS STORAGE) 0 o v m100 00, O v m m VACANT \��QRS Qp�dFJ�\C�G cos I (FARMLAND) F,� °Q. dye Q� Id �� Z N / co p c PROPOSED .. w o Z r w I ASPHALT w < Z 0 z W 8 cDi a tJlx< � Q c0 r � I / �a0 O > 3 -N 'aO� 00> Z d O �CO'0 Dom J d v p. 6. rN-Ipd 10T1 I OEn 0 PROP. 1 STORY d w >05 CARPORT w (RV STORAGE) o N a0 Q PR BU BUILDING ILDING o 0 (POD STORAGE) o a DRIVE AISLE PROP. (WOODED) (WOODED) 1 � MIDDLE ROAD (C.R. 48) (NORTH ROAD) (120' WIDE) \ VACANT — — a (RECHARGE BASIN) — — VACANT (FARMLAND) (GAR.) DWEWNG AREA MAP 0F NEf /y H e OF PROPERTY SITUATED AT �P��N FC � gg �7 TC�gOV �, `�, T0WN OF SOUTHOLD \ z c SUFFOLK COUNTY, NY `'Ls y 04984 KENNETH L.S. Surveys nd Planning 0 100 150 200 1814 Middle Country Road Suite D Ridge, N.Y. 11961 (613 345-9427 1 inch = 100 ft. FAX (631 345-9429 Z25'-0' • 1Z'-b• �„�. .221-62 -22'-b' ?2'-b' 02'-b' -27-68 Ell I D 13 0 ib' O'X Ib'-0'h DOOR Ib'-0' X Ib'-0'h DOOR 18'-0'X 16'-O"h DOOR 16'-0'X Ib'-0'h DOOR ib'-0' X 161-Own DOOR 18'-0'X I6'-0'h DOOR - Ib'-0'X Ib'-0'h DOOR Ib'-0' X I6'-0'h DOOR 18'-0'X Ib'-0`h DOOR Ib'-0'X I6'-O'h DOOR � w. DiGiovanni EX LT O O O' OI IO ID 0 ( OI � EX LT 3 3 14p Associates Architects 26 Preston avenue sea cliff, ny 11579 (516) 671 -3624 fax(516) 759-7138 5TORAC7E AREA -50 15,400 it/500&2V 4 UWATW 4 (EREC Aq�, 1 ,Olga`ij� z • I `rte / 1e169 P� F OF NEW�0 RAB 1.16HTIN5''ED MODEL WPLE1226 3000K WALL 1 PAUL L16HTINGlFIXTURE; MOUNTED 15'-0' ABOVE 5 511E D 6RADE t 40'-d'O/C MAX - HOURS OF OPERATION DU5K TIL 10:00 PM (TYPICAL FOR I2 MTD 0 IS'-0' t.2 MTD 0 8'-b' -5EE ELEVATIONS) I BU I L.D I NG I FLOOR PLAN METAL STANDING 5EAM A-I 13,500 sf I -O ROOFIN6"j I TO PLATE EL.t20,0, METAL L Q MM .• EADER�, j � 6UT7ERS(TYP) I C C C C C I TO Ist FLOOR DA1dM . EL. +O'-O' , ! RM U M1N6 LEO trAa WPLE026 5000K WALL METAL 510IN6(tYP) - — PACK LI6HTIN6 FIXTJAE; MOUNTED IS'-O'ABOVE 6RAVE 4 '40'-0'O/C AAX(TYP) -HOM OF OPERATION L%t1%TIL 10:00 PM z LDG I SOUTH ELEVATION METAL STANDIN9 SEAM ROOFING(TYPJ i TO PLATE EL. t2O' ON` I : 4 en I 4 METAL LEADERS t p GUTTERS(IYPJ I � I REV1510N5 TO 1st FLOOR DATUM � " EL. +0'-0' 1111111111 1� 111111111111 lEll MESE PLANS ARE AN INSTRUIIT OF 5ERVICE AND ARE THE RAB LIGHTING LED MM MPLED26 50001'WALL METAL 510IND(YYP) PACK LIGHTING FIXRJRE; MOUNTED 15'-0'ABOVE TY OF't}f ARCHITECT,IPFR1N6Et�ENT5 WILL BE GRADE i 40'-0'0/C KAX CM)-HOURS OF OPERATION PR05ECUTED '' COPITRAGTOR SHALL VERIFY ALL FIELD G0IDITIONS AND OU5K TIL 10:00 PM I"8606 AND SHALL BE RE`;FIOt6i8LE FOR FIELD FIT AND GaIWMTY OF WORK NO ALLOWANCE SHALL M MADE BLDG I NORTH ELEVATION ON ECT BEHALF OF iCONTRACTOR FOR ANY t�tRpR OR NEGLEONN K55 PMT. 3 METAL SIDING(TYP) META.SIDING(TYP) North Fork ':2 4 4Self Stora e I� f i s TO PLATE EL t20'-O' TO PLATE M—t20'-0' 50 Commerce Drive 4 LeADERS s METCutchogue, NY � AS «� M wnm t'tYPJ 4 1 n BUILDING I PLAN ELEVATIONS TO 1st FLOOR QAIUlrI TO 1st FLOOR DATUM 9-.+Or-O' EL. +0'-0' METAL LEADERS t RAS LI&MN5 LEO MODEL 144PLEL22b 3000K WALL RAB LIGHTING LED MODEL WPLED26 50OOK WALL 6UTTERS('IPJ PACK L16HTIN5 FIXTURE; MOUNTED 15-0'ABOVE 5/1/2018 PACK 1.16HTIN5 FIXIME; MOUNTED 15'-0'ABOVE GRADE i 40'-0'OX MAX- HOURS OF OPERATION 6RADE 4 40'-0'0/C MAX-HOUR5 OF OPERATIcO D A T e DUSK TIL 10:00 PM wn DU51C TIL 10:00 PM uon 4 BLDG I NEST ELEVATION BLDG I EAST ELEVATION AS NOTE SCALE I OF ?`-( 3/..rte" _ I�-Ow A-I 3!✓1 - ( -V DRAM DY aCOKED VY DD _ i 1113 ® El DiGiovanni & Associates Archi I0'-0• 101-00 101-0• lo'-0• 10.01111 101-Ow Io'-o• 10'-0' lo'-o• lo'-o• Io'-o' Io'-o' lo'-o• 10'-0• Io'-o• 10'-0• Io'-o' lo'-o• lo'-o• Io'-o• Io'-o• Io'-o• Io'-o• Io'-0' IO'-0' teC$S 26 preston avenue sea cliff, ny 11579 (516) 671 -3624 fax(516) 759-7138 Q 10' x-20' 10' x.20' 10' x-20' 10' x-2O' 10' x.20' 10' x.20' 10' x10' 10' x.20' 10' x-20' 10' x.20' 10' x..20' 10' x-20' 10' x-20' 10' x-20' 10' x-20' 10' x-20' 10' x-20' 10' x.20' 10' x-20' 10' x.20' 10' x.20' 10' x.20' 10' x-20' 10' x-20' 10' x.20' 10' x..20' Q ry o ry IS-50 FRED 10 10 01 10 01 10 1D 10 OI 10 OI 10 10 01 O 10 01 ( ZII10 01 10 01 UI O Q�G,�o O 260'-00 z z N RAB LIGHTING LED MODEL W°LED26 SOOOK WALL 9�FO�e16 PACK LIGHTING FIXTURE; MOUNTED 8'-6' ABOVE 9� GRADE(TYP FOR 16) - HOURS OF OPERATION DUSK TIL 10:00 PM 1551JE0 LU I LD I NO 2 FLOOR PLAN A 5,200Sf METAL ROOFING(TYPJ II I u- iF-- ommummuseemmo� W-O'WDE METAL ROLL UP METAL LEADERS s DOORS(TYPJ GUTTER`'40'-0'O.G. L RAB LIGHTING LED MODEL W'LED26 3000K WALL CTYPJ PACK LI6HTIN5 FIXIM; MOUNTED V-6•ABOVE GRADE(fYP) -HOURS OF OPERATION DUMC TIL 10:00 PM BL.DO 2 NORTH ELEVATION A-2 METAL ROOFING('IYPJ I I4 METAL LEADERS i 6UTTERS 40'-Om OL. RAB L16HTINS LED MODEL HUD26 3000K WALL (NpJ PACK L16HTINCP FIXTUZE; MOUNTED 8'-6'ABOVE GRADE(TYR) -HOURS OF OPERATION DUSK TIL I0:00 PM 3 BLDG ,2 SOUTH ELEVATION REVISIONS THESE RM ARE AN DGTR{W OF 5EI"a MD ARE THE A 2 PROPERTY OF THE ARCHITECT.01FRINF,EMM HLL BE FRo5EWrED. CMA(TOR SHALL VERIFY ALL FIELD CONDITIO G AND DIMESM AND SHALL.BE RESPMEILE FOR FIELD FIT AND a mTY OF worn:.NO ALLOWANCE STALL BE MADE ON THE BEHALF OF THE CONTRACTOR FOR ANY ERROR OR WB-MT ON HIS PART. North Fork y 1 12 y4 S elf Storage 50 Commerce Drive ---------L r Cutchogue, NY ZRAB LIGHTING LED MODEL WPLE=3000K WALL PACK LIGHTING FIXTURE, MOUNTED V-60 ABOVE 6RA0E(TYP) - HOURS OF OPERATION DU%TIL 10.00 PM PLAN l$ ELEVATIONS 4 BLDO 2 EAST ELEVATION 5 5LPO 2 NEST ELEVATION 5/1/.2018 ``DATEA7 AA (OTE SCALE 2 OF 4 PRAM BY 045v=by DD - � s 330'-0•LT— DiGiovanni & 10'-0• 10'-0• 10'-0' 10'-0• 10'-0' 10'-0' 10'-0' 10'-0' 10'-0' 10'-0' 10'-0• 10'-0• 10'-0• 10'-0• 10'-0' 10'-0• 10'-0• 10'-0' 10'-0• 10'-0' 10-0 10-0 10.0 10-0. 10-0 10'-0• 10'-0• 10'-c • ' ' ' ' ' ' ' ' Associates � Architects -6 Preston avenue sea cliff, ny 11579 Q 10' x.20' 10' x.20' 10' x-20' 10' x�O' jx-2a10' x.20' 10' x�O' 10' x�O' 10' x�O' 10' x.20' 10' x.20' 10' x..20' 10' x..20' 10' x�O' 10' X-20, 10' x.20' 10' x.20' 10' x-20' 10' x 20' 10' x.20' ' 10]-2a 10' x�O' 10' x..20' 10' x�O' - 10' x.20' 10' x.20 10' x-20 10 x (516) 671 -3624 fax(516) 759-7138 O tb O O O O O O O O O O O O O O O O O O O O O O O i8-5o A 330'-00 � �G�STEREO RAB LIGHTING LED MODEL WPLEDI6 3000K WALL G rt PACK LIGHTING,FIXTURE; MOUNTED 8'-6'ABOVE T4 2 -i GRADE(TYP FOR20) -HOURS OF OPERATION DU5K TIL 10:00 PM 101-00-' 10'-0• 10'-0' 10'-0' 10'-0' 101-0' 10'-0' N� YOp,�` I �3U I LD I NC 3 FLOOR PLAN 155LED A-3 b,b0 0Sf 0' x.20 10' x.20' 10' x.20' 10' x-20' 10' x.20' 10' x-20' 10' x-20' Q � h QlO O O O `J i RAB LIGHTING LED MODEL WPLED26 3000K WALL PACK L161IITING FIXTURE; MOUNTED b'-b-ABOVE GRADE(TYP FOR-20) - HOURS OF OPERATION DUSK TIL 10:00 PM I METAL ROOFING,(TYPE J 11 11 fl If 11 11 If 11 11111 11 if if 11 11 if it 111 11 11 11 111 11 1 11 1111 1 114, 11 1111111111111111 1 if 11 It 11 11 11 11 11 11 111 11 1111 11 11 if if if 11 11 If 11 1, 11 11 11 11 11 11ALULL11 if Il If if if 1111111 if if ll if 111111 11 11 1111 , if 11 I t : ■ I I I I RAB LIGHTING LED MODELNPLELJ26 ' K WALL METAL LEADERS i GUTTERS 40'-0'O.G. PACK LIGHTING FIXTURE; MOUNTED 8'-6' ABOVE HTI } �� GRADE(TYp) - HORS UOF OPERATION DUSK TIL 10:00 PM 2 3 EAST ' ELEVATION - 11 11 11 If 11 11 vimI RAB L16HTNS LED MODEL NPI=6 3000K WALL PACK LIG,MNG FIXTURF; M01 MD 8'-6' ABOVE GRADE HOM OF OPERATION DUSK TIL 10:00 PM i METAL ROOFING,(TYPJ i i 17 EV1510 i � N5 i 9'-O'WDE METH.ROLL UP METAL LEADERS t �+ F=Tl� AN INSTRUME�fT OF 5W(X AND ARE'� w LIGHTIN6 LED MODEL WPLED2b 3000K WALL DOORS(NPI GUTTERS 40'-0'O.G. E ARGFIITEGT.INFRIN6f SITS Wu, BE PACK LIGHTING,FIXTURE;; MOUNTED 8'-b'ABOVE (TYPi GRADE(TYP) - HOLM OF OPERATION DU`.rK TIL I0:00 PM GONTRAGTOR SHALL VMFY ALL FIELD GJIbIT05 AND D'MD6M AND SHALL.BE RESPO"EILE FOR FIELD FIT AND 6at1ANTITY OF WORK.NO&WKAWE%Wj MMADE LDC ✓ V C�✓T ELEVATION f NfON THE F OF TWGONTRAGTOR FOR ANY SOW OR zt.EGT 04 ON HH15 PART. 3 A-3 3/32" = 1'-O" North Ford . . . . . . .. .. .. . . . . . . ------ S elf Storage 50 Commerce Drive 12y Y � Cutchogue, NY J i • v �' RA8 F7XRIRE; MOUNTED V- AWVEE PAM LI6ML'�6 _„ ��R,,, BUILDING 3 MW*TIL 10:00 PM PLAN I$ ELEVATIONS RAB LI4HTING LED MODEL.WPLED2b 3000K WALL j PACK LIGHTING FIXTURE; MOUNW V-b'ABOVE GRADE(TYP) -HOURS OF OPERATION 01,15K TIL 10:00 PM 5/1/2018 IN BLDG 3 SOUTH ELEVATION DATE 4 BLDG � NORTH ELE\/ATO 5 A5 NOTE A-3 3/32" = 1'-0 A-3 5/32" = 1.-0," 5 G A L E 3 OF 4 DRAM BY JVB i DAA13 0 DiGiovanni / Associates / Architects 26 preston avenue / sea cliff, ny 11579 -3624 fax(5 67 759-7138 / �G�glERSI) '/ // I Q•P,�p A. ♦ r // = nl It \\ 1 +9 1 RAB LI6HTIN6 D MODEL WPLED2b /�\ �;.; �\\\ \ \ •�`,�- e " \ -- MALL P 16HTIN5 FIXTURE; MOUNTE \ i \r-1' \ ; / \. 4 ` ,- k q e".6. &RADE trYP FOR 2 a BL 1) L\. \ J' p• �\ \ - _ ��T-- 4 �,-""�'ApE - OF OPERATION DUSK TIL 10:00 `Y RAB LIGHTING LED MODEL NPLEL?Zb 3000K WALL PACK 1.16HTIN5 FIXTURE; MOUNTED 15'-0'ABOVE GRADE(TYP FOR lZ 0 51.06 U `.` __1, •; II -' // n I \ , \ . 4 \ ____► HOURS OF OPERATION DUSK TIL 10:00 PM - \ , 'V _ I v I \"�\r��•�/ / a RAB LI64TIN5 LED MODEL W=6 `�� --- / WALL PACK LIWTIN5 FIXTURE; \\ .^\ 3 ---'�.i,-i ; MOINITED 8' -�, \ O�. -b'ABOVE GRADE(TYP FORZO 0 BLDG 31 '�`---- `\ '� ___•��' � �'/\ HOURS OF OPERATION DUSK TIL 10:00 / O ` r i ,/ _ 4 i RAB LI&CINEi LED MODEL HPLE06 ' WALL PAUL U&MN5 FIXTURE; MOUNTED '9 `►. 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Lro Ma.p.tO.6,+■r.rocnripmrnnO.utrt.y. ` / \��i Imo) J___Li // € ` ' THESE FLANS ARF AN INSTR{l�1T OF 5MICE AV ARE TW ;: .........................._._._............._..................._....._.............._.._.......—_ __ •' .sem w7Se. \?;� // •�` SOF THE ARCHITECT.UFRINj HILL BE .............._.._................_.............. i ` ' ''/ w / /� Technical 1 \--� yL ULLwrw: e70sn.L I J I •-` I 1 J _L— SHALL BE RE�.IPONr.�iBLE FOR FIELD FIT canes„ onO.r ` ` I 'O'er• Ir R+IYw: P■b,M■: 1 \ l\ \ I \_L i / I \\ I :- 1_ � \ # / CONTRACTOR SHALL.VERIFY IV.L FIELD GOI�giTI0N5 AND j snweie..»:bw�+•.a+■ebrer+■�+wa rwr»vob�uw.M�uawesaew.■o.r.� TMWpLEDe..�o. a*� _ ' DI 7IONr7/II�D Da,.e7e,C.n.m rel,2u76.CMOs Pr ♦ I i`\ / \\ / I'- I >b AND QJ/WTITY OF PORK NO \ I s \ I 1 ,��. CONTRA(TOR MY ERROR OR ,.7m:uparepa.Mta. 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LED C1cr■eW1■dC■...........__......,,..,,,,_.._ ppye�'pp,.0erwe:inlM 1.00 ee0"uw nr Owr4w.w..sr&M/V.nc..Aa 0AA4 Pb ' __. waVOCerbNe M.Vr•� mcoU ow■vt.tr ear+wb.eM:.M■oHMe fm&W LM■■Wn: pmdWNoOeAMMBOA td.O WL NorthI tOs000�o r IED0#wWW.Man15 LMdO For a"an LEER ekaft M: Fork i wrp wgTK2l.rnee6.ne pADalc 9lq Apptw■Inw■wlMh ldue an he --._...._..__.—_.__......._.... Y.ed b eaM.M IEEA D■aU b Uph PoMIOan SI:O : ` ' CobrforwkWnay: J ! S•MO MeoNrn FaPw e.c'M•p baM.■+e Cam■1M. BI UO CA � I Msreo-MMnaMa El.�r,od � / S elf Storage om"wAbw. DrN«: j LFA aMy wpsrMu.M w.RY.Mlb MMll netw.. MAV* Mph ouWWq 1.LED Dn■r rw120wbCCTo.r.67wrP.cbd C.m,et.C~.77dM Cow 7,r:Y6cnge p,p.c6on.,06y27N,SD60 ML 100 mvA Ampe. I . cow Un*-W- PAHt rrbedMY IC"*W CmmT"WO A"I ? �kr■e,on7, e.tg■ yiSApderiaMr.derkAreMwkC.rtMewM a e Drive5o Commerc aeay .LpM (mPOMMANSICT&7n. utc ogue, NYo ................. ...................._...........................................................__._....... .........................._..._..................._......_.._.... A. Dktrn■btw I I . c M.tber ; I MM PMwmre.LEAk1l.enpM .. u■t■.sr ,'-."• - i:�,"„"_ �—.-:: - aa-'.s+i' a■.rbrlr70e%r■ddnp wtM ale wM mcM s SITE IPA wa■woophwobrwLO, ITE LIGHTIN PLAN Awwwn MWWV rbM ,OOWb27tVaM IGHTING LAN 1'M � 30'-0" j :•.r1rY. j i ` 8 ......._ ::rte i DAT A5 NOTE '.SCALE 4 OF 4 PRAM BY JVB u�eucev err DD II VACANT QI I (MATERIALS STORAGE) VACANT I (RECHARGE BASIN) ao LOT C 47,166 S.F. I o - rl 1 o I N01 O ,o M � 0 9 �o• r` oG�G�1 0• �' - s t o I N , r cn 1 t 20.0' ---� I 69.6' I • P�'e� � �`,P�1 I cn Amo 22.5' zm �orrl� X 0o y I i DO -I n r rn r / LOT B w z z w .-• -• t Ln 162,852 S.F. cy- w > Z - c � o� ma a ��'� \ •- � � � N J Q N w r w OZ� I to i Q o n PROPOSED o 0 > z > I ASPHALT rn �� ¢ I o D o Ln70r / o- p N Q, 1 i O X 40 -{ cy- w O a - �� m m r I 100. 30.0' PROP. 1 STORY J i C ARP ORT cn (RV STORAGE) Q w I w > J cn Q � I � � a I x 1 PROP. 1 STORY ' LOT A a BUILDING cNr I x (POD STORAGE) 47,344 S.F. N 1 .rr F l W N I 107.7' o I PROP. DRIVE AISLE w ^ ao N (WOODED) _ cl OF NEW 1'O � (WOODED) OWNER: I _�_ 535 LLC 20 FAIRLINE DRIVE \ O SEA CLIFF, NY 11579 OPOSITE A �°;`�a1 OF TAX LOTS 1000-096-01-001.2, i FOR NORTH FORK SELF STORAGES SITUATED AT ROAD) LANDSCAPING COVERAGE CUTCHOGUE 48) (NORTHLOT A: 47,344 S.F. TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK ROAD (C.R. EXISTING VEGETATION = 27,504 S.F. OR 20.6% MIDDLEPROPOSED VEGETATION = 26,484 S.F. OR 19.8% PREPARED BY: PREPARED FOR. KENNETH H. BECKMAN, L.S. 65 COMMERCE DRIVE, LLC LOT B: 162,852 S.F. SURVEYING AND LAND PLANNING 50 COMMERCE DRIVE PROPOSED VEGETATION = 47,605 S.F. OR 29.3% CUTCHOGUE, N.Y. 1814 MIDDLE COUNTRY ROAD LOT C: 47,166 S.F. SUITE D EXISTING VEGETATION = 12,112 S.F. OR 25.6% RIDGE, N.Y. 11961 PROPOSED VEGETATION = 10,707 S.F. OR 22.7% REVISIONS: SCALE: 1" =30' DRAWN BY: KAK TOTAL LOT AREAS = 257,362 S.F. DATE: AUGUST 2018 CHECKED BY: KHB TOTAL PROPOSED VEGETATION = 84796 S.F. OR 32.9% DRAWING: BB1-6564 JOB No. B18-19084 SHEET: 1 OF 1 �O i C7 O m C7 m 0 M Cn 0 0 m C Cn -� :70' W1DE) CORPORATE RD. n r D TI Z r Z :U -� = m = m a0 0 \ O O 0 D rn D 0 m LAND N/F OF LAND N/F OF V) ZARTCO CESSPOOL AND m m �, EUGENE CHIT�J�C r r N O DRAINAGE SERVICE INC. 0 r = LAND N/F OF / 01 350 CUTCHOGUE CORP. / o rn / LAND N/F OF \ / M & R SOUTHOLD PROPERTIES, LLC / LAND N/F OF / LAND N/F OF SOUTHOLD SO\ID WASTE MANAGEMENT DISTRICT / CPMAD INC. \\ LAND N/F OF \ / TOWN OF SOUTHOLD R=25.00' \ LAND N/F OF L=21.03' M FT LLC t O ptS` O I F OF�1E •016 v LAND N/F OF I KOS LLC W IO � I 500. 0 m Z w I co o C4 J SI TE N I W N O I � I r ��j?�23, L=3 .7g, �2S R=5669.58 MIDDLE ROAD C R 48) (NORTH ROAD) ' 1 (20' WIDE) \ s � • O J LAND N/F OF LAND N/F OF / / JOSEPH BURKE COUNTY OF SUFFOLK LAND N/F OF ROSES VINEYARD, LLC _ LAND N/F OF RUSSELL C. McCALL LAND N/F OF JOANN GOERLER 0 m -o O r D Z m cn 0 0 m OWNERSHIP MAP OF PROPERTY SITUATED AT CU TCH OGU E TOWN OF SOUTHOLD SUFFOLK COUNTY, NY 0 100 150 200 OF KENNETH H. BECKMAN, L.S. I inch = 100 ft. 5 T H H, B 1 Surveying and Land Planning 1814 Middle Country Road \ = 5 Suite D D Ridge, N.Y. 11961 (613) 345-9427 FAX (631) 345-9429 fD Pic, OFFICE LOCATION: � MAILING ADDRESS: Town Hall Annex 03f so ° P.O. Box 1179 54375 State Route 25 ®� ®0 Southold,NY 11971 P(cor.Main Rd. &Youngs Ave.) p��►�".�l Southold,NY Telephone: 631765-1938 www.southoldtownny.gov RECEIVED PLANNING BOARD OFFICE JAN 3 0 20 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS MEMORANDUM To: Leslie Kanes Weisman, ZBA Chairperson Members of the Zoning Board of Appeals ;t - From: Donald J. Wilcenski, Planning Board Chairman Members of the Planning Board `- Date: January 30, 2019 Re: Request for Comments for NF Self Storage (S3S, LLC) SCTM# 1000-96.-1-1.3 ZBA File #7239 The Planning Board has reviewed your request for comments regarding the above- referenced application and has no objections to the variances requested for the reasons outlined below. • The proposed buildings are located within an established industrial park where existing buildings of the same use (storage) are located on both sides of the subject parcel; all of which is consistent to the Town of Southold's" Comprehensive Plan for Light Industrial zoned parcels. Thank you for this opportunity to provide comments, and please feel free to call us with any questions. COUNTY OF SUFFOLK pECEIVED ySteven Bellone ®NjNr,'_0 ARD®F APPEAL5 -SUFFOLK COUNTY EXECUTIVE - Department of Economic Development and Planning Theresa Ward Division of Planning Deputy County Executive and Commissioner and Environment October 19, 2018 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14,thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk:County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number S3S, LLC #7239 Nickolaus, Katie, Alexandrea and Jamie #7241 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788.0099 ■ (631)853-5191 r � , FORM NO. 3 OCT 17 NOTICE OF DISAPPROVAL 2019 DATE: May s`2f)t9— RENEWED &AMENDED: August 10, 2018 AMENDED: October 16, 2018 TO: S3S LLC 65 Commerce Drive Cutchogue,NY 11935 Please take notice that your application dated May 4, 2018 For permit to construct buildings for a self-storage business at Location of property 65 Commerce Drive, Cutcho ague County Tax Map No. 1000—Section 96 Block 1 Lot 1_3 Is returned herewith and disapproved on the following grounds: This proposed construction in the LI Zone, is not permitted pursuant to Article XV, Section 280-64 A., which states, ,,Structures shall be set back at least 100 feet from the right-of-way." The proposed construction notes front yard setbacks (2 buildings/Commerce Drive)of 25 and 27.1 feet respectively. In addition, the project requires site plan approval from the Southold Town Planning Board. This Notice of Disapproval was amended on August 10, 2018 after changes were made to the site plan and further amended on October 16. 2018 to remove the need for a variance for linear frontage and to adiust setbac new survey submitted by the applicant. Authorized S`' ature CC: file, Z.B.A., Planning Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. FORM NO. 3 0 Y 'r' D AUG 13 701e NOTICE OF DISAPPROVAL By------61 DATE: May 25, 201 RENEWED &AMENDED: August 10, 2018 TO: S3S LLC 65 Commerce Drive Cutchogue, NY 11935 Please take notice that your application dated May 4, 2018 For permit to construct buildings for a self-storage business at Location of property 65 Commerce Drive, Cutcho ague County Tax Map No. 1000-Section 96 Block 1 Lot 1_3 Is returned herewith and disapproved on the following grounds: This proposed construction in the LI Zone is not permitted pursuant to Article XV Section 280-64 A., which states, "Structures shall be set back at least 100 feet from the right-of-way." The proposed construction notes a front yard setback(2 buildings/"Commerce Drive) of 25 feet. Article XV Section 280-64 C states "a project shall be divided into separate structures so that no single structure shall have more than 60 linear feet of frontage on one street." All buildings after both phases are complete)note more than 601inier feet of frontage. In addition, the project requires site plan approval from the Southold Town Planning Board. This No ' e oDisa al�men on Au-oust 10 2018 a fter chan es were made to the site plan. Authorized Signature CC: file, Z.B.A., Planning Note to Applicant: Any change or deviation to the-above referenced application may require additional review from the Southold Town Building Department. AUG 13101 D E Fee:$ Filed By: Assignment No. CEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPS•S 13 ?GIB AREA VARIANCE House No. 65 Street Commerce Drive Hamlet Cutchogue —70NING BOARD OF APPEALS SCTM 1000 Section 96 Block 1 Lot(s) 1.3 Lot Size 162,852 s.f.Zone LI I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 05/25/2018 BASED ON SURVEY/SITE PIAN DATED March 2018 Owner(s): 535 LLC Mailing Address: 20 Fairline Drive, Sea Cliff, NY 11579 Telephone-.631-512-8718 Fax: Email: NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Martin Ko mynka for(X)Owner( )Other: Address: 50 Commerce Drive, Cutchogue NY 11935 Xelephone:631-734-2177 Fax: 631-734-2178 Email:sales@northforkselfstorage.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED March 2018 and DENIED AN APPLICATION DATED FOR: (X)Building Permit ( j Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: Section: Subsection: Type of Appeal. An Appeal is made for: ( )A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. (x)Interpretation of the Town Code,Article XV Section 280-64A. 280-64C, 280-63 ( )Reversal or Other A prior appeal( )has, (X)has not been made at any time with respect to this property,UNDER Appeal No(s). Year(s). .(Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# J REASONS FOR APPEAL (Please be speck,additional sheets may be used with preparer s signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nIVED properties if granted,because: The character of the lot conforms to LI zoning. AUG 13 2018 ZONING BOARD OF APPEALS 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: The Planning Board and Fire Marshall are both requiring setbacks that force an area variance to be necessary. 3.The amount of relief requested is not substantial because: The usage of the lot conforms to LI zoning. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Similar relief has been granted to the neighboring properties, 50 & 115 Commerce Drive. Please see attached grants. 5.Has the alleged difficulty been self-created? { }Yes,or W No Why: The Planning Dept and Fire Marshall require setbacks that require-the variances needed. Are there any Covenants or Restrictions concerning this land? {}No W Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signature of Appli6ant or Authorized Agent (Agent must submit written Authorization from Owner) Swo o before me this 19 1 day of 20 1 Notry EVE L.GA`PL-SCHWAMMBORN NOTARY PUBLIC,STATE OF NEW YORK Registration No.01GA6274028 Qualified in Suffolk County Commission Expires Dec.24,201:2b APPLICANT'S PROJECT DESCRIPTION RECEIVED APPLICANT: Martin Kosmynka DATE PREPARED: 06/08/2018 1.For Demolition of Existing Building Areas AUG 13 2018 Please describe areas being removed: N/A ZONING BOARD OF APPEALS H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor:J /A Dimensions of floor above second level: N/A Height(from finished ground to top of ridge): Clearspan building: 25'. carport buildings: 10' Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: . N/A M.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A Number of Floors and Changes WITH Alterations: N/A IV.Calculations of building areas and lot coverage(from surveyor}: Existing square footage of buildings on your property: N/A Proposed increase of building coverage: 46,200 Square footage of your lot: 162,852 Percentage of coverage of your lot by building area: 46.200 V.Purpose of New Construction: The construction of 2 one story RV/carport buildings and a 1 story clearspan storage building. VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): The property is flat and not heavily wooded or in marsh area etc..The contour of the land does not relate to the difficulty in meeting the town code requirements Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 y�Ffat f Town of Southold Annex P.O.Box 1179 _ 54375 Main Road All G 13 2C�� Southold,New York 11971 +� ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: 37406 Date: 1/30/2015 THIS CERTIFIES that the building COMMERCIAL Location of Property: 115 Commerce Dr,Cutchogue, SCTM#: 473889 Sec/Block/Lot: 96.4-1.2 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 12/19/2013 pursuant to which Building Permit No. 38661 dated 3/3/2014 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: COMMERCIAL BUILDING INCLUDING SELF STORAGE ACCESSORY OFFICE CARETAKER'S APARTMENT AND 3RD FLOOR UNCONDITIONED NON-HABTABLE STORAGE SPACE PER Z13A DECISION#6823 DATED 01-22-2015 and ZBA DECISION#6259 DATED 04-14-2019 AS APPLIED FOR The certificate is issued to 115 Comm.Dr.LLC/2232 Roses Brook Rd F (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL C10-08-0012 12-22-2014 ELECTRICAL CERTIFICATE NO. 38661 12-01-2014 PLUMBERS CERTIFICATION DATED 12-10-2014 A,,Mattituck Plumbing e (1t (OrizSigiture FORM NO. 4 ,Yf RECEIIVED g TOWN OF SOUTHOLD A U G 13 2 G I S BUILDING DEPARTMENT Office of the Building Inspector COMING BOARD OF APPEALS Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-32184 Date: 02/06/07 THIS CERTIFIES that the building STORAGE BUILDING #2 Location of Property: 20345 CR 48 CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No_ 473889 Section 96 Block 1 Lot 1.4 s Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 6, 2006 pursuant to which Building Permit No. 32224-Z dated JULY 20, 2006 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 SELF STORAGE BUILDING #2 AS APPLIED FOR. The certificate is issued to KOS, LLC (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 3004520 01/26/07 PLUMBER, CERTIFICATION DATED N/A uthotized Signature Rev. 1/81 Town of Southold AnnexRECEIVED 10/10/2013 P.O.Box 1179 - 54375 Main Road AIJG 13 2018 01� Southold,New York 11971 •?r. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: 36563 Date: 10/10/2013 THIS CERTIFIES that the building ACCESSORY Location of Property: 50 Commerce Dr, Cutchogue, SCTM#: 473889 Sec/Block/Lot: 96.4-1.4 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 2/14/2013 pursuant to which Building Permit No. 37833 dated 2/28/2013 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: accessory carport as applied for per ZBA#6514,dated 11/17/11. The certificate is issued to KOS LLC (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL -ELECTRICAL CERTIFICATE NO. 37833 8/7/13 PLUMBERS CERTIFICATION DATED Au o ' ed ature _-1 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVE-L) Office of the Building Inspector AUGTown Hall 2G1g Southold, N.Y. ZONING BOARD OFAppEALS CERTIFICATE OF OCCUPANCY No: Z-33061 Date: 06/02/08 THIS CERTIFIES that the building SELF STORAGE BUILDING Location of Property: 20345 CR 48 CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 96 Block 1 Lot 1.4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated OCTOBER 1, 2007 pursuant to which Building Permit No_ 33482-Z dated OCTOBER 23, 2007 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 Two STORY SELF-STORAGE BUILDING (#4) AS APPLIED FOR. The certificate is issued to KOS LLC (OWNER) of the aforesaid building. SURMLE COUMFY DEPARTNEWT OF IiBALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 8639 05/22/08 PLUMBERS CERTIFICATION DATED N/A A, ized Signature Rev. 1/81 t_ FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED Office of the Building Inspector AUG ai 2G18 Town Hall Southold, N.Y. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-32363 Date: 05/21/07 THIS CERTIFIES that the building FIRE PROTECTION SYSTEM Location of Property: 20345 CR 48 CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 96 Block 1 Lot 1.4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 1, 2006 pursuant to which Building Permit No. 32495-Z dated NOVEMBER 15, 2006 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 INSTALLATION OF A FIRE ALARM PROTECTION SYSTEM AS APPLIED FOR. The certificate is issued to KOS LLC (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 3028799 04/24/07 PLUMBERS CERTIFICATION DATED N/A Authorized Signature Rev. 1/81 FORM NO. 4 L TOWN OF SOUTHOLD BUILDING DEPARTMENT �12EI A�I�V Office of the Building Inspector AUG 13 Z�EU Town Hall N Southold, N.Y. ` ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-32185 Date: 02/06/07 THIS CERTIFIES that the building STORAGE BUILDING #3 Location of Property: 20345 CR 48 CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 96 Block 1 Lot 1.4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 6, 2006 pursuant to which Building Permit No. 32224-Z dated JULY 20, 2006 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 SELF STORAGE BUILDING #3 AS APPLIED FOR. The certificate is issued to KOS, LLC (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 3004520 01/26/07 PLUMBERS CERTIFICATION DATED N/A r , Authorized Signature Rev. 1/81 FORM NO. 4 Z TOWN OF SOUTHOLD 11rCEIUU) BUILDING DEPARTMENT Office of the Building Inspector AUG 13 N118 Town Hall Southold, N.Y. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-32362 Date: 05/21/07 THIS CERTIFIES that the building SELF STORAGE FACILITY Location" of Property: 20345 CR 48 CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Asap No. 473889 Section 96 Block 1 Lot 1.4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 6, 2006 pursuant to which Building Permit No. 32262-Z dated AUGUST 2, 2006 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 SELF STORAGE FACILITY WITH OFFICE & APARTMENT AS APPLIED FOR & AS PER CONDITIONS OF ZBA #5779 DATED 12/01/05. The certificate is issued to KOS LLC. (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL C10-05-0010 10/30/06 ELECTRICAL CERTIFICATE NO. 3028799 04/24/07 PLUMBERS CERTIFICATION DATED 05/21/07 BURTS RELIABLE, INC. A hori d Signature Rev. 1/81 k ! I BOARD MEMBERS *IJF$�U Southold Town Hall Leslie Kanes Weisman,Chairperson �O� Ty�lO RECEIVNY095 Main Road•P.O.Box 1179 Eric Dantes UG 13 2018 Southold,NY 11971-0959 Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Homing 'nr� 'G BOARD PIMR% 'iRoad(at Youngs Avenue) Kenneth Schneider i'QuIUT�,�1 Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED ' TOWN OF SOUTHOLD Ol f C( i Tel. 631 765-1809•Fax 631 765-9064 u 4 2 S c ) c ) � " FINDINGS,DELIBERATIONS AND DETERMINATION Southold Town Clerk — MEETING OF JANUARY 22,2015 ZBA FILE: 6823 NAME OF APPLICANT: 115 Commerce Drive,LLC/2232 Roses Brook Farm,LLC PROPERTY LOCATION: 115 Commerce Drive(Depot Lane),Cutchogue,NY SCTM# 1000-96-01-1.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type H category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 29, 2014 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject parcel is a conforming lot located in the LI zone district. It is improved with a two story metal building. It has 48.56 feet of frontage on Commerce Drive, 513.60 feet along the eastern property line, 173.70 feet on Depot Lane and 440.97 feet along the western property line as shown on the survey prepared by Kenneth H.Beckman,LS,dated October 1,2008,last revised 11/12/2014. BASIS OF APPLICATION: Request for Variance from Article XV, Section 280-63 (Bulk Schedule) and the Building Inspector's December 1, 2014 Notice of Disapproval based on an application for building permit for - oonstruction of an"as built"third floor conditioned space to an existing commercial building, at; 1)more than the code permitted maximum two stories. RELIEF REQUESTED: The applicant requests a variance to maintain the as-built"conditioned space" above the caretakers apartment as a third story where the code permits the maximum of two stories, as shown on the architectural plans prepared by David A.DiGiovanni,R.A., dated 11/11/2013, sheet A-5 Attic Floor Plan and sheet 6 Elevations,and the as-built survey of property by Kenneth H.Beckman,L.S., last dated 11/12/2014 ADDITIONAL INFORMATION: The subject parcel was granted variances in appeal #6259 to permit the construction of a 1, 435 sq. ft. accessory apartment to be used by a watchman/employee of the storage business, for security purposes within the subject public storage building, and to permit the subject storage building to have 75 feet of road frontage on Depot Lane, where the code permits a maximum of 60 feet of frontage. The proposed as-built third story conditioned attic space with stairs was not shown on the approved plans. The applicantlowner testified at the hearing that he would like to use the 3`d story attic space as a habitable home office in association with the as built apartment. The Board of Appeals received comments from the Southold Town Planning Board on C-1 (AT- At / � �J W..1/ 0- '' �"' APPEALS BOARD MEMBERS �►�F s�Ur RECEIVE1[Southold Town Hall 715 Ruth D.Oliva,Chairwoman �0� y��p 53095 Main Road-P.O.Box 1179VL" Gerard P.Goehringer , it All G 13S&%old,NY 11971-0959 Vincent Orlando I, ae Office Location: James Dinizio,Jr. � ZONING TU-1*ft%fffeftff%LV1oor,North Fork Bank Michael A.Simon ,YC� ► 54375 Main Road(at Youngs Avenue) ' Southold,NY 11971 http://southoldtown.northfork.net N F- BOARD OF APPEALS ; TOWN OF SOUTHOLD I ; s7` � Tel.(631)765-1809-Fax(631)765-9064 JAN - 4 M6 •':i FINDINGS,DELIBERATIONS AND DETERMINATIO 1 MEETING OF DECEMBER 1,2005 Scc:�a!�Term ZB File No.5779—MARTIN KOSMYNKA,Contract Vendee (Tide Group,Current Property Location: 50 Commerce Drive,Cutchogue CTM SEQRA DETERMINATION:The Zoning Board of Appeals has visited the property under consideration in this app Ucation and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION:The applicant's 3.07 acre vacant site has 98 feet along Commerce Drive (cd tom-sac)in Cutchogue,and is located in the Light Industrial Zone District. BASIS OF APPLICATION: Building Department's August 2, 2005 Notice of Disapproval, citing Section 100- 43C in its denial of an application for a building permit for an accessory apartment within a public storage building is not permitted under the provisions of the zoning code for accessory uses. FINDINGS OF FACT Throning Board of Appeals held a public hearing on this application on November 17, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property,and other evidence,the Zoning Board finds the following facts to be true and relevant: VARIANCE RELIEF REQUESTED: The applicant wishes to add a 902 sq.ft.Apartment dwelling unit, next to -the 725 sq.ft. office area, all within one of the proposed new buildings (building referred to as Phase 1)to be built for public storage use in this Light Industrial Zone District. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: I. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The new apartment (dwelling) unit will consist of 902+- square feet and is proposed for the purpose of residency by the manager-employee of the public warehouse facility at.this site. Access to the storage units by the public is available 24 hours a day by the employees of the warehouse facility. If the variance were not approved, an employee would not be able to reside at the site as part of the management and security of the public warehouse operations. 2. The benefit sought by the applicant for on-site living space for the manager of the public warehouse facility cannot be achieved by some method, feasible for the applicant to pursue, other than by approval from the Zoning Board of Appeals for variance relief. 3. The variance granted herein is substantial. QUESTIONNAIRE �z FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? AUG 13 2018 Yes X No ZONING BOARD OF APPEAL5 B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? No 2.)Are those areas shown on the survey submitted with this application? 3.)Is the property bulk headed between the wetlands area and the upland building area? 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? Yes If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel vacant parcel and the proposed use Car, RV and pod storage . (ex: existing single family,proposed:same with garage,pool or other) Authorized signature and Date � f 0a AGRICULTURAL DATA STATEMENT iaEC IVSD ZONING BOARD OF APPEALS TOWN OF SOUTHOLD AUG 12098 WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision app-WW1(oftWbPc s an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to,the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal j Law. 1. Name of Applicant: Martin Kosmynka 2. Address of Applicant: 50 Commerce Drive, Cutchogue, NY 11935 3. Name of Land Owner(if other than Applicant): 535 LLC 4. Address of Land Owner: 20 Faidine Drive, Sea Cliff, NY 11579 5. Description of Proposed Project: Construction of 2 one storx metal storage buildings and 1 one story clearspan storage building. 6. Location of Property: (road and Tax map number) 65 Commerce Drive Cutchoque NY 11935 SCTM 1000-96-1-1.3 7. Is the parcel within 500 feet of a farm operation? {X} Yes { }No 8. Is this parcel actively farmed? {c} Yes { } No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937)or from the Real Property Tax Office located in'Riverhead. NAME and ADDRESS 1. John Krupski, 95 Laurel Hill Road, Northport, NY 11768 2. Russell C. McCall, 20310 Middle Road, Cutchogue, NY 11768 C) t, --2 . 3. Roses Vinyard LLC 18910 Middle Road, Cutchogue, NY 11768 1 1"t- L! '�• 3 4. Suffolk County, Middle Road, .utr oque,(330 Center Drive, Riverhead, NY 11901) 5. 6. (Plerusthe bac this page if there are additional property owners) f6ature of Xpplicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall j review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. t I C = Full Environmental Assessment Form Part 1 -Project and Setting RECEIVED Instructions for Completing Part 1 AUG 2018 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the ap�gAaii Ni 4%qAl�iPi!�A6!mg, are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information;indicate whether missing information does not exist, or is not reasonably available to the sponsor;and,when possible,generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A&B. In Sections C,D&E,most items contain an initial question that must be answered either"Yes"or"No". If the answer to the initial question is"Yes",complete the sub-questions that follow. If the answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the project sponsor to verify that the information contained in Part lis accurate and complete. A.Project and Sponsor Information. Name of Action or Project: North Fork Self Storage#3 Project Location(describe,and attach a general location map): 65 Commerce Drive,Cutchogue,NY 11935 Brief Description of Proposed Action(include purpose or need): Construction of a one story Clearspan building,2 one story metal storage buildings and 2 one story metal RV carport buidlings. Name of Applicant/Sponsor: Telephone:631-734-2177 Martin Kosmunka E-Mail:sales@naothforkstorge.com Address:50 Commerce Drive City/PO:Cutchogue State:NY Zip Code:11935 Project Contact(if not same as sponsor,give name and title/role): Telephone: Same as applicant. E-Mail: Address: City/PO: State: Zip Code: Property Owner (if not same as sponsor): Telephone:631-512-8718 535 I LLC E-Mail: .Address: 20 Fairline Drive City/PO: Sea Cliff State:NY Zip Code91579 Page 1 of 13 I B.Government Approvals RECEIVED B.Government Approvals,Funding,or Sponsorship. ("Funding"includes grants,loans,tax relief,and any other forms of financial assistance.) AUG 13 ZG18 Government Entity If Yes:Identify Agency and Approval(s) Application Date Required ,ZONIN , BOARD(wafiRF9000jected) a.City Council,Town Board, E]Yes®No or Village Board of Trustees b.City,Town or Village ®YesE1No Town of Southold Planning Dept.approval Planning Board or Commission c.City Council,Town or ®YesONo Town of Southold Zoning Boards of Appeals Village Zoning Board of Appeals approval d.Other local agencies QYes®No e.County agencies ❑Yes®No f.Regional agencies E]Yes®No g.State agencies Oyes®No h.Federal agencies QYes®No i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? ❑Yes klo ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ❑Yes®No iii. Is the project site within a Coastal Erosion Hazard Area? ❑Yes®No C.Planning and Zoning C.1.Planning and zoning actions. Will administrative or legislative adoption,or amendment of a plan,local law,ordinance,rule or regulation be the OYes®No only approval(s)which must be granted to enable the proposed action to proceed? • If Yes,complete sections C,F and G. • If No,proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2.Adopted land use plans. a.Do any municipally-adopted (city,town,village or county)comprehensive land use plan(s)include the site E]Yes®No where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action E]Yes[]No would be located? b.Is the site of the proposed action within any local or regional special planning district(for example: Greenway ❑Yes®No Brownfield Opportunity Area(BOA);designated State or Federal heritage area;watershed management plan; or other?) If Yes,identify the plan(s): i C. ,'Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, E]Yes®No or an adopted municipal farmland protection plan? If Yes,identify the plan(s): Page 2 of 13 C.3. Zoning a. 'Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ❑Yes®No If Yes,what is the zoning classification(s)including any applicable overlay district? A J G 1 3 C ARD OF APP b. f Is the use permitted or allowed by a special or conditional use permit? ❑Yes®No c.Is a zoning change requested as part of the proposed action? ❑Yes®No If Yes, i.'What is the proposed new zoning for the site? CA.Existing community services. a.In what school district is the project site located? Mattituck I b.What police or other public protection forces serve the project site? Suffolk County Police Dept. c.Which fire protection and emergency medical services serve the project site? Cutchogue d.What parks serve the project site? Causeway Beach District Park,Bay Avenue Park,Veterans Memorial Park D.Project Details D.I.Proposed and Potential Development a.What is the general nature of the proposed action(e.g.,residential,industrial,commercial,recreational;if mixed,include all components)?Commercial b.a.Total acreage of the site of the proposed action? 3.7385 acres b.Total acreage to be physically disturbed? 2.722 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 7.888 acres c.Is the proposed action an expansion of an existing project or use? ❑Yes®No i.If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g.,acres,miles,housing units, square feet)? % Units: d.Is the proposed action a subdivision,or does it include a subdivision? ❑Yes Bio If Yes, L Purpose or type of subdivision?(e.g.,residential,industrial,commercial;if mixed,specify types) ii.Is a cluster/conservation layout proposed? ❑Yes❑No iii.Number of lots proposed? iv,.Minimum and maximum proposed lot sizes? Minimum Maximum e.Will proposed action be constructed in multiple phases? ®Yes❑No L If No,anticipated period of construction: months H. If Yes: • Total number of phases anticipated 3 • Anticipated commencement date of phase 1 (including demolition) 2 month 2019-year • Anticipated completion date of final phase 2 month 2021 year • Generally describe connections or relationships among phases,including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 f.Does the project include new residential uses? ❑Yes®No If Yes,show numbers of units proposed. RECEIVER One Family Two Family Three Family Multiple Famil four or more Initial Phase A U G 2018 At completion !of all phases ZONING BOARD OF APPEALS g.`Does the proposed action include new non-residential construction(including expansions)? ®Yes❑No If Yes, L Total number of structures 5 ii. Dimensions(in feet)of largest proposed structure: 31'height; 60'width; and 225'length iii.Approximate extent of building space to be heated or cooled: 0 square feet hJ Does the proposed action include construction or other activities that will result in the impoundment of any ❑Yes®No liquids,such as creation of a water supply,reservoir,pond,lake,waste lagoon or other storage? If Yes, i.Purpose of the impoundment: H.If a water impoundment,the principal source of the water: ❑Ground water❑Surface water streams[]Other specify: I iii.If other than water,identify the type of impounded/contained liquids and their source. iv.Approximate size of the proposed impoundment. Volume: million gallons;surface area: acres v.Dimensions of the proposed dam or impounding structure: height; length vi.Construction method/materials for the proposed dam or impounding structure(e.g.,earth fill,rock,wood,concrete): D.2. Project Operations a.,Does the proposed action include any excavation,mining,or dredging,during construction,operations,or both? ❑Yes®No ,(Not including general site preparation,grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i'.What is the purpose of the excavation or dredging? ii.How much material(including rock,earth,sediments,etc.)is proposed to be removed from the site? • Volume(specify tons or cubic-yards): • Over what duration of time? iii.Describe nature and characteristics of materials to be excavated or dredged,and plans to use,manage or dispose of them. iv.Will there be onsite dewatering or processing of excavated materials? ❑Yes No I If yes,describe. v.What is the total area to be dredged or excavated? acres vi.What is the maximum area to be worked at any one rime? acres vii.What would be the maximum depth of excavation or dredging? feet Mi.Will the excavation require blasting? ❑Yes❑No ix.! Summarize site reclamation goals and plan: b.j Would the proposed action cause or result in alteration of,increase or decrease in size of,or encroachment ❑Yes®No � into any existing wetland,waterbody,shoreline,beach or adjacent area? If,Yes: i.Identify the wetland or waterbody which would be affected(by name,water index number,wetland map number or geographic description): i f Page 4 of 13 i r U.Describe how the proposed action would affect that waterbody or wetland,e.g.excavatiod,-fill,pTac—emed of structures,or alteration of channels,banks and shorelines. Indicate extent of activities,alterations and ajdjLitqVVquare feet or acres: A x a" 2 6116 iii. Will proposed action cause or result in disturbance to bottom sediments? ZONING BOARD OF APPEALS ❑Yes❑No If Yes,describe: iv. Will proposed action cause or result in the destruction or removal of aquatic vegetation? ❑Yes❑No If Yes: • acres of aquatic vegetation proposed to be removed: • expected acreage of aquatic vegetation remaining after project completion: • purpose of proposed removal(e.g.beach clearing,invasive species control,boat access): • proposed method of plant removal: • if chemical/herbicide treatment will be used,specify product(s): v.Describe any proposed reclamation/mitigation following disturbance: c.Will-the proposed action use,or create a new demand for water? []Yes®No If Yes: i.Total anticipated water usage/demand per day: gallons/day U.Will the proposed action obtain water from an existing public water supply? []Yes❑No If Yes: • Name of district or service area: • Does the existing public water supply have capacity to serve the proposal? ❑Yes❑No • Is the project site in the existing district? ❑Yes[]No • Is expansion of the district needed? ❑Yes❑No • Do existing lines serve the project site? ❑Yes[-]No M.Will line extension within an existing district be necessary to supply the project? ❑Yes❑No If Yes: • Describe extensions or capacity expansions proposed to serve this project: • Source(s)of supply for the district: iv.Is a new water supply district or service area proposed to be formed to serve the project site? ❑Yes❑No If,Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • Proposed source(s)of supply for new district: v.If a public water supply will not be used,describe plans to provide water supply for the project: vi.If water supply will be from wells(public or private),maximum pumping capacity: gallons/minute. d.Will the proposed action generate liquid wastes? ❑Yes®No If Yes: L Total anticipated liquid waste generation per day: gallons/day U.Nature of liquid wastes to be generated(e.g.,sanitary wastewater,industrial;if,combination,describe all components and approximate volumes or proportions of each): iii.Will the proposed action use any existing public wastewater treatment facilities? ❑Yes❑No If Yes: • Name of wastewater treatment plant to be used: • Name of district: • Does the existing wastewater treatment plant have capacity to serve the project? ❑Yes Flo • Is the project site in the existing district? ❑Yes❑No • Is expansion of the district needed? ❑Yes❑No Page 5 of 13 7y 1~ J\ • Do existing sewer lines serve the project site? ❑Yes❑No • Will line extension within an existing district be necessary to serve the project? 2� ❑Yes❑No If Yes: RECEIVED • Describe extensions or capacity expansions proposed to serve this project: ALM(? 3 L iv. Will a new wastewater(sewage)treatment district be formed to serve the project site? ❑Yes❑No If Yes: .ZONING BOARD OF APPEALS • Applicant/sponsor for new district: • Date application submitted or anticipated: • What is the receiving water for the wastewater discharge? V. If public facilities will not be used,describe plans to provide wastewater treatment for the project,including specifying proposed receiving water(name and classification if surface discharge,or describe subsurface disposal plans): vi. Describe any plans or designs to capture,recycle or reuse liquid waste: e.Will the proposed action disturb more than one acre and create stormwater runoff,either from new point ®Yes❑No sources(i.e.ditches,pipes,swales,curbs,gutters or other concentrated flows of stormwater)or non-point source(i.e.sheet flow)during construction or post construction? If Yes: L How much impervious surface will the project create in relation to total size of project parcel? Square feet or 3.420 acres(impervious surface) Square feet or 3.738 acres(parcel size) ii. Describe types of new point sources. N/A iii.,Where will the stormwater runoff be directed(i.e.on-site stormwater management facility/structures,adjacent properties, groundwater,on-site surface water or off-site surface waters)? • If to surface waters,identify receiving water bodies or wetlands: N/A • Will stormwater runoff flow to adjacent properties? ❑Yes®No iv.Does proposed plan minimize impervious surfaces,use pervious materials or collect and re-use stormwater? ®Yes❑No f. Does the proposed action include,or will it use on-site,one or more sources of air emissions,including fuel ❑Yes®No combustion,waste incineration,or other processes or operations? If Yes,identify: L Mobile sources during project operations(e.g.,heavy equipment,fleet or delivery vehicles) U. Stationary sources during construction(e.g.,power generation,structural heating,batch plant,crushers) iff. Stationary sources during operations(e.g.,process emissions,large boilers,electric generation) g.Will any air emission sources named in D2.17(above),require a NY State Air Registration,Air Facility Permit, ❑Yes®No or Federal Clean Air Act Title IV or Title V Permit? If Yes: L 'Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet ❑Yes❑No ambient air quality standards for all or some parts of the year) U.In addition to emissions as calculated in the application,the project will generate: • Tons/year(short tons)of Carbon Dioxide(CO2) • Tons/year(short tons)of Nitrous Oxide(N2O) • Tons/year(short tons)of Perfluorocarbon(PFCs) • Ton/year(short tons)of Sulfur Hexafluoride(SF6) • Tons/year(short tons)of Carbon Dioxide equivalent of Hydroflourocarbons(BFCs) • Tons/year(short tons)of Hazardous Air Pollutants(HAPS) Page 6 of 13 h.Will the proposed action generate or emit methane(including,but not limited to,sewage treArierft Fatg, ❑Yes®No landfills,composting facilities)? RECEIVED If Yes: i. Estimate methane generation in tons/year(metric): n II IrIi Q ?Q 1gQ ?C 1g ii.Describe any methane capture,control or elimination measures included in project design(e.g.,comliustibn to generate heat or electricity,flaring): Zt?NING 60A i.Will the proposed action result in the release of air pollutants from open-air operations or processes,such as ❑Yes®No quarry or landfill operations? If Yes:Describe operations and nature of emissions(e.g.,diesel exhaust,rock particulates/dust): j.Will the proposed action result in a substantial increase in traffic above present levels or generate substantial ❑YesONo new demand for transportation facilities or services? If Yes: i.When is the peak traffic expected(Check all that apply): []Morning ❑Evening []Weekend ❑Randomly between hours of to ii.For commercial activities only,projected number of semi-trailer truck trips/day: iii.Parking spaces: Existing Proposed Net increase/decrease iv.Does the proposed action include any shared use parking? ❑Yes❑No v. If the proposed action includes any modification of existing roads,creation of new roads or change in existing access,describe: vi. Are public/private transportation service(s)or facilities available within V2 mile of the proposed site? ❑Yes❑No vii Will the proposed action include access to public transportation or accommodations for use of hybrid,electric ❑Yes❑No or other alternative fueled vehicles? viii.Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing ❑Yes❑No pedestrian or bicycle routes? k.Will the proposed action(for commercial or industrial projects only)generate new or additional demand ®Yes❑No for energy? If Yes: L Estimate annual electricity demand during operation of the proposed action: $500.00 ii.Anticipated sources/suppliers of electricity for the project(e.g.,on-site combustion,on-site renewable,via grid/local utility,or other): Local utility during Phase 1&Phase 2.On-site renewable electricity with solar panels. X.Will the proposed action require a new,or an upgrade to,an existing substation? ❑YesONo 1.Hours of operation. Answer all items which apply. i.During Construction: U. During Operations: • Monday-Friday: 7:00 am-7:00 pm • Monday-Friday: 24 hours • Saturday: • Saturday: 24 hours • Sunday: • Sunday: 24 hours • Holidays: • Holidays: 24 hours Page 7 of 13 \ � m:Will the proposed action produce noise that will'exceed existing ambient noise levels duri Iigu n, 0 Yes 0N ,operation,or both? If yes: RECEIVED i. Provide details including sources,time of day and duration: Construction noise may exceed ambient noise levels.However,it will only occur between 7:00 am and�j4.0 iSm�ur�s�uaptt to Town Code Chapter 180-7. ii. Will proposed action remove existing natural barriers that could act as a noise bqMT� rbeerARD OF APPEALS ❑Yes 0No Describe: n..Will the proposed action have outdoor lighting? 0 Yes❑No If yes: i.Describe source(s),location(s),height of fixture(s),direction/aim,and proximity to nearest occupied structures: All lighting will be at the lowest height and illiminance level necessary for safe use as per Town Code Chapter 172-5. U. Will proposed action remove existing natural barriers that could act as a light barrier or screen? ❑Yes 0No Describe: o.Does the proposed action have the potential to produce odors for more than one hour per day? ❑Yes 0No If Yes,describe possible sources,potential frequency and duration of odor emissions,and proximity to nearest occupied structures: p.Will the proposed action include any bulk storage of petroleum(combined capacity of over 1,100 gallons) ❑Yes 0No or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i.Product(s)to be stored ii.Volume(s) per unit time (e.g.,month,year) M. Generally describe proposed storage facilities: ill the proposed action(commercial,industrial and recreational projects only)use pesticides(i.e.,herbicides, ❑Yes 0No tidides)during construction or operation? If Yes: L Describe proposed treatment(s): ii. Will the proposed action use Integrated Pest Management Practices? ❑ Yes ❑No r.Will the proposed action(commercial or industrial projects only)involve or require the management or disposal ❑ Yes 0No of solid waste(excluding hazardous materials)? If Yes: i.Describe any solid waste(s)to be generated during construction or operation of the facility: • Construction: tons per (unit of time) • Operation: tons per (unit of time) ii.,Describe any proposals for on-site minimization,recycling or reuse of materials to avoid disposal as solid waste: • Construction: • Operation: iii.Proposed disposal methods/facilities for solid waste generated on-site: • Construction: • Operation: Page 8 of 13 s.Does the proposed-action include construction or modification of a solid waste management facility?eT lVes 0 No If Yes: OR i. Type of management or handling of waste proposed for the site(e.g.,recycling or transfer st%L0_% posting,landfill,or other disposal activities): H. Anticipated rate of disposal/processing: AUG 1 3 2018 • Tons/month,if transfer or other non-combustion/thermal treatment,or • Tons/hour,if combustion or thermal treatment ZONING BOARD OF APPEALS X. If landfill,anticipated site life: years t.Will proposed action at the site involve the commercial generation,treatment,storage,or disposal of hazardous ❑Yes 0No waste? IfYes: i.Name(s)of all hazardous wastes or constituents to be generated,handled or managed at facility: ii. Generally describe processes or activities involving hazardous wastes or constituents: iii.Specify amount to be handled or generated tons/month iv.Describe any proposals for on-site minimization,recycling or reuse of hazardous constituents: v.Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? Yes No If Yes:provide name and location of facility: If No:describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: There will be no hazardous wastes. E.Site and Setting of Proposed Action E.1.Land uses on and-surrounding the project site a.Existing land uses. i. Check all uses that occur on,adjoining and near the project site. ❑ Urban ❑ Industrial 0 Commercial ❑ Residential(suburban) ❑Rural(non-farm) ❑ Forest 0 Agriculture ❑ Aquatic ❑ Other(specify): ii. If mix of uses,generally describe: b.Land uses and covertypes on the project site. Land use or Current Acreage After Change Covertype Acreage Project Completion (Acres+/-) • Roads,buildings,and other paved or impervious 0.91 2.65 +1.74 surfaces • Forested 0.68 1.01 +0.33 • Meadows,grasslands or brushlands(non- 2.15 0 -2.15 agricultural,including abandoned agricultural) •a Agricultural 0 0 0 (includes active orchards,field,greenhouse etc.) • ; Surface water features 0 0 0 (lakes,ponds,streams,rivers,etc.) • Wetlands(freshwater or tidal) 0 0 0 • Non-vegetated(bare rock,earth or fill) 0 0 0 • Other Describe:Non fertilizer dependent vegetation 0 0.08 +0.08 1 Page 9 of 13 I c.Is the project site presently used by members of the community for public recreation? ❑YesONo L If Yes:explain: d.Are there any facilities serving children,the elderly,people with disabilities(e.g.,schools,hospita s,licensed ❑Yes®No day care centers,or group homes)within 1500 feet of the project site? AUG 13 2018 If Yes, L Identify Facilities: ZONING BOARD OF APPEALS e.Does the project site contain an existing dam? ❑Yes®No If Yes: i.Dimensions of the dam and impoundment: • Dam height: feet • Dam length: feet • Surface area: acres • Volume impounded: gallons OR acre-feet ii.Dam's existing hazard classification: iii.Provide date and summarize results of last inspection: f.Has the project site ever been used as a municipal,commercial or industrial solid waste management facility, ❑Yes®No or does the project site adjoin property which is now,or was at one time,used as a solid waste management facility? If Yes: L Has the facility been formally closed? ❑Yes❑ No • If yes,cite sourcestdocumentation: ii.Describe the location of the project site relative to the boundaries of the solid waste management facility: M. Describe any development constraints due to the prior solid waste activities: g.Have hazardous wastes been generated,treated and/or disposed of at the site,or does the project site adjoin ❑Yes®No property which is now or was at one time used to commercially treat,store and/or dispose of hazardous waste? If Yes: i.Describe waste(s)handled and waste management activities,including approximate time when activities occurred: h. Potential contamination history. Has there been a reported spill at the proposed project site,or have any ❑Yes®No remedial actions been conducted at or adjacent to the proposed site? If Yes: L Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ❑Yes❑No Remediation database? Check all that apply: ❑ Yes—Spills Incidents database Provide DEC ID number(s): ❑ Yes—Environmental Site Remediation database Provide DEC ID number(s): '❑ Neither database ii.'If site has been subject of RCRA corrective activities,describe control measures: iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? ❑Yes❑No If yes,provide DEC ID number(s): N.If yes to(i),(ii)or(iii)above,describe current status of site(s): Page 10 of 13 v.Is the project site subject to an institutional control limiting property uses? ❑YesE]No • If yes,DEC site ID number: RECEIVED • Describe the type of institutional control(e.g.,deed restriction or easement): • Describe any use limitations: A I i • Describe any engineering controls: • Will the project affect the institutional or engineering controls in place? ZONING BOARD OF APPEALS ❑Yes❑No • Explain: E.2. Natural Resources On or Near Project Site a.�What is the average depth to bedrock on the project site? NSA feet b.Are there bedrock outcroppings on the project site? ❑Yes®No If Yes,what proportion of the site is comprised of bedrock outcroppings? % c:Predominant soil type(s)present on project site: HaA Haven Loam 0-2%slopes 52.4% PIB Plymouth Loamy Sand 3-8% 28.6 HaB Haven Loam 2-6"/o slopes 19.0 d.What is the average depth to the water table on the project site? Average: 31 feet e.Drainage status of project site soils:0 Well Drained: 100%of site ❑,Moderately Well Drained: %of site ❑ Poorly Drained %of site f.Approximate proportion of proposed action site with slopes: 0 0-10%: 100%of site ❑ 10-15%: %of site [115%or greater: %of site g.Are there any unique geologic features on the project site? ❑Yes®No If Yes,describe: h:Surface water features. i.Does any portion of the project site contain wetlands or other waterbodies(including streams,rivers, ❑YesONo ponds or lakes)? U.Do any wetlands or other waterbodies adjoin the project site? ❑YesONo If Yes to either i or ii,continue. If No,skip to E.2.i. iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, ❑Yes❑No , state or local agency? iv.For each identified regulated wetland and waterbody on the project site,provide the following information: • Streams: Name Classification • Lakes or Ponds: Name Classification • Wetlands: Name Approximate Size • Wetland No.(if regulated by DEC) V.;Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired ❑Yes❑No waterbodies? If yes,name of impaired water body/bodies and basis for listing as impaired: i.Is the project site in a designated Floodway? ❑Yes 04o i j.Is the,project site in the 100 year Floodplain? ❑YesONo k.',Is the project site in the 500 year Floodplain? ❑YesONo 1.Is the project site located over,or immediately adjoining,a primary,principal or sole source aquifer? OYes❑No If Yes: i.Name of aquifer:Nassau Suffolk Sole Source Aquifier I� I 1 Page 11 of 13 m. Identify the predominant wildlife species that occupy or use the project site: Wild birds RECEIVE( Squirrel n.Does the project site contain a designated significant natural community? ❑Yes0No If Yes: function and basis for desiONING BOARD OF APPEALSi. Describe the habitat/community (composition, gnatio ii. Source(s)of description or evaluation: iii. Extent of community/habitat: • Currently: acres • Following completion of project as proposed: acres • Gain or loss(indicate+or-): acres o.Does project site contain any species of plant or animal that is listed by the federal government or NYS as ❑YesONo endangered or threatened,or does it contain any areas identified as habitat for an endangered or threatened species? p. Does the project site contain any species of plant or animal that is listed by NYS as rare,or as a species of ❑Yes®No special concern? q.Is the project site or adjoining area currently used for hunting,trapping,fishing or shell fishing? ❑YesoNo If yes,give a brief description of how the proposed action may affect that use: E.3. Designated Public Resources On or Near Project Site a.Is the project site,or any portion of it,located in a designated agricultural district certified pursuant to ❑Yes®No Agriculture and Markets Law,Article 25-AA,Section 303 and 304? If Yes, provide county plus district name/number: b.Are agricultural lands consisting of highly productive soils present? ❑Yes®No i.If Yes:acreage(s)on project site? U. Source(s)of soil rating(s): c. Does the project site contain all or part of,or is it substantially contiguous to,a registered National ❑Yes❑7 No Natural Landmark? If Yes: i. Nature of the natural landmark: ❑Biological Community ❑ Geological Feature H.Provide brief description of landmark,including values behind designation and approximate size/extent: d.Is the project site located in or does it adjoin a state listed Critical Environmental Area? ❑Yes®No If Yes: i. CEA name: U.Basis for designation: iii.Designating agency and date: Page 12 of 13 e.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,4 distri t ❑Yes0No which is listed on,or has been nominated by the NYS Board of Historic Preservation for inclusion on the State or National Register of Historic Places? RECtVED If Yes: L Nature of historic/archaeological resource: ❑Archaeological Site ❑Historic Buildin�WDistAM018 ii.Name: iii. Brief description of attributes on which listing is based: BONING BOARD OF APPEALS f.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑Yes®No archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? g.Have additional archaeological or historic site(s)or resources been identified on the project site? ❑YesONo If Yes: i.Describe possible resource(s): ii.Basis for identification: h_.Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local ❑Yes®No scenic or aesthetic resource? If Yes: i.Identify resource: U.Nature of,or basis for,designation(e.g.,established highway overlook,state or local park,state historic trail or scenic byway, etc.): iii.Distance between project and resource: miles. L Is the project site located within a designated river corridor under the Wild,Scenic and Recreational Rivers ❑YesONo Program 6 NYCRR 666? If Yes: L Identify the name of the river and its designation: U.Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑Yes❑No F.Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal,please describe those impacts plus any measures which you propose to avoid or minimise them. G. Verification I certify that the information provided is true to the best of my knowledge. (� Applicant/Sponsor Name 1A(�7/� r d9P", L6(` Date 0 l 7 G Sign Title PRINT FORM Page 13 of 13 l � 7Z RECtIVED APPLICANT! WNER A u G 13 2018 TRANSACTIONAL DE tt FORM BONING BOARD OF APPEALS ~ The Town of Southold',Code of Ethics grobibits conflicts of hitenest on the part of town officers and emoloyees.The Purpose gfthis fore Ig to g_rovide information wbleb can alert the town of 90WR conSacts of interest and allow it to take whatever adlonjj necsseary tvavoid some. YOUR NAME,: Vn-t- (Last name,brat name,middle 11004 unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Ta:grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or•ehiid)have a relationship with any oif"tcer or employee of tho Town of Southold?"Relationship-"Includes by blood,marriage,or business interest,"Business Interest"means a business,including a partnership,in whi It the town officer or employee has even.a partial ownership of(or employment by)a corporation in which a town officer or employee owns more than 5%of the shares. YES NO If No,sign and date below.If YES,complete the balance of this form and date-and sign where Indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicauttageattrepresentative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child b(check all that apply)t A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or Wetidal owner of any interest In a non-corporate entity(when the applicant Is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCREPTION OF RELATIONSHIP Submitted this of ti'C,20A SIgnature Print N 1 LAW OFFICES WICKHAM,BRESSLER&GEASA,P.C. 13015 MAIN ROAD, P.O.BOX 1424 MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 TELEFAX NO 631-298-8565 awickham@wbglawyers.com February 6, 2019 FEB 0 8 2019 Att: Kim Fuentes ZONING BOARD OF APPEALS Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold,New York 11971 Re: S3S LLC, MARTIN KOSMYNKA#7239, 65 Commerce Drive, Cutchogue,NY Dear Ms. Fuentes: Per our conversation this week, I am counsel to the applicant in this matter. Enclosed is the disclosure form you requested. Very t Uly yours, AAW/dm Ab� it A. Wickham ZBA/LtrDiscl RECENED zq FEB 0 6 2099 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OFAFPFALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : Abigail A.Wickham (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity, such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship" includes by blood,marriage, or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO_X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the,owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of Febr ry,2019 Signature r' Print Name Abigail A.Wickham CLOV i, tjj APPLICANT/ R RECEIVED TRANSACTIONAL DISCLOSUREFO The Town of Southold's Code of Ethics prohibits conflicts of interest on the cart of town officers and ematoy4s.kh"e puJJose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. ZONING BOARD OF APPEALS YOUR NAME: Kosmynka, Martin T. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of 20 Signatur Print Na a � Town of Southold / RECEIVED LWRP CONSISTENCY ASSESSMENT FORM AUG 13 2618 A. INSTRUCTIONS BONING BOARD OF APPEAL 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#, 096 - 01 - 1.3 The Application has been submitted to(check appropriate response): Town Board © Planning Dept. [11 Building Dept. ® Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: Constsruction of 2 one story RV/carport metal storage buildings and 1 one story clearspan storage building. RECEIVED • Page3of3—Jenuary22,2015 AUG 1 ?018 ZBA#NZ3— m 135 Commerce Nve,LK/2232 Roses Brook Farm,LLC SUMNI000-964-12 ZONING BOARD OF APPEALS 7`hat.fie above conditions be written into the.futlding I'nspector's Certificate of Occupancy, when issued: Pursuant to Chapter' 280-146(B) of the Code of the Town of Southold anyvariance granted by the Board of Appeals shall become null and void where a CertiCrate of Occupancy has not been procured,alidlo)r a subdivision map has not been t1Ied with-the Suffolk Connty Cletk,within three (3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not td exceed three(3) consecutive one (1)year terms. Vote of the Board• Ayes:Members Weisman(Chairperson),Schneider, Horning,Dantes. (Absent was Member Goehringer). This Resolution was duly adopted(4-0). "'Lr Leslie Kwei Weisman,Chairperson Approved t'or filing/ / )4 /2015 771, wX"I'll _f. 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Sap _ _ •', 1 r r rN ,I II F 1 t S a• f e T I. _ , G� ..�`aP" iia _ ; A .+y . * ♦ "'� q o• i .. a P i ��,s � r SBI � ,,. •. !' 4 �'� •^ :' w. �i - • s y .0 ■ ` y,. 7.'!8"7� ,y�L„•.` .,'��,. _#� s - ' .. _ -. �� .�, � � .: i�si.'+ ,s „ 'i1a 1 I � •'�� ( 'r r '� 'f:.�e .r 7p!F± y � ' z„ � t 1 •� 1;' A - �/ its + i � ti �t��'' +� ' '�l tt a � A 0 i; i �y ^�f y s i a 4L 16 i 06 f A AIUNG ADDRESS: PLANNING BOARD MEMBERS QF faRECEIVED P.O.Box 1179 JERILYN S.WOODHOUSE tio�� yO� Southold,NY 11971 Chair AUG 13 2698 omcE Locmon IKENNWILLIAM J.CREMERS Town Hall Annex MARTIN H.SIDOR� H • �p� VING BOARD OF APPER§75 state Route 25 GEORGE D.SOLOMON (cor•Main Rd.&Youngs Ave.) � ( Southold,NY Telephone:631765-1938 Fax:631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 1,2005 Mr.Martin Kosmynka PO Box 1270 Cucthogue, NY 11935 Re: Proposed Site Plan for North Fork Self Strogae 50 Commerce Drive,Cutchogue SCTM#1000-96-1-1.4 Dear Mr.Kosmynka, This is to inform you,the Planning Board(PB)held a Work Session on August 29,2005 to review and accept the Cutchogue Fire District comments along with the Architectural Review Committee(ARC)approval. Attached you will find a copy of the letter and minutes for your records. If there are any questions you can contact us at(631)765-1938 between the hours of 8:00 a.m. and 4:00 p.m. Resp ly , B em Senior Site Plan Reviewer CC:file,attachment M.4I1-JNG ADDRESS: PLANNING BOARDENNNIEEMBER.S ®SKI � ®f S®/i�®� P.O.Box 1179 DONALD J. Southold,NY 11971 Chair ® MCEIVED OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY AUG 13 2618 54375 State Route 25 JAMES H.RICH III ® �® (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR ®�'�C®UONING BOARD OF APPEALS Southold,NY Telephone:631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 7, 2013 Mr. Martin Kosmynka 50 Commerce Drive Cutchogue, NY 11935 Re: Amended Approval: Proposed Site Plan for North,Fork Self Storage Carport Located at 50 Commerce Drive, +/-594' east of Depot Lane, Cutchogue SCTM#1000-96-1-1.4 Zoning District: Light Industrial Dear Mr. Kosmynka: The following resolution was adopted at a meeting of the Southold Town Planning Board on May 6, 2013: WHEREAS, on December 12, 2011, site plan approval was granted for a proposed addition of an 1,800 s.f. carport on the existing 3.1 acre North Fork Self Storage site in the LI Zoning District where four existing buildings total 53,425 s.f. The 40' x 45' carport would be used as a staging area for customers to have temporary access to containers. The carport is proposed to be built on an existing asphalt area; and WHEREAS, on April 18, 2013, the applicant submitted a revised site plan proposing the approved 40'x 45' carport to be enclosed on all sides for protection from the elements for customers and employees and for the purpose of temporary customer access to- mobile units; additionally, the building is proposed to be decreased in height by ±6'; and WHEREAS, at a Work Session held on May 6, 2013, the Planning Board reviewed the revised proposal and determined that the December 12, 2011 approval resolution be amended; therefore be it RESOLVED, that the Southold Town Planning Board grants Approval to the proposal for the addition of walls to the carport, as shown on the plan entitled "North Fork Self Storage Plan, Details & Elevations A-2", prepared by DiGiovanni &Associates, Architects, on February 6, 2013 and authorizes the Chairman to endorse the referenced plan after the following condition is met: 1. The applicant shall obtain approval from the Southold Town Zoning Board of Appeals (ZBA) for any variances required. RECEIVE[) North Fork Self Storage Page Two May 7. 2013 AUG 1 ;i 2mg Please note the following requirements in the Southof8T6Whc6Wd@rr0Iating to site plans: 1. Any outdoor lighting shall be shielded so the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. 2. All storm water run-off from grading, driveways and gravel areas must be contained on site. 3. Approved Site Plans are valid for eighteen months from the date of approval, within which time all proposed work must be completed, unless the Planning Board grants an extension. 4. Any changes from the Approved Site Plan shall require Planning Board approval. 5. Prior to the issuance of a Certificate of Occupancy, the Planning Board must inspect the site to ensure it is in conformity with the Approved Site Plan, and issue a final site inspection approval letter. Should the site be found not in conformance with the Approved Site Plan, no Certificate of Occupancy may be issued unless the Planning Board approves the changes to the plan. A copy of the Approved Site Plan is enclosed for your records. One copy will also be sent to the Building Department and the Town Engineer/Highway Department. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. ilcenski Chairman Encl. cc: Building Dept. w/map Town Engineer w/map 'MAILING ADDRESS: PLANNING BOARD MEMBERS ��qt So(f�® P.O.Box 1179 DONALD J.WILCENSKI Southold,NY 11971 Chair (ZECEIVEI� OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY AUG 13 2018 54375 State Route 25 JAMES H.RICH III tea® (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR ®��° KING BOARD OF APPEALS Southold,NY Telephone:631765-1938 Fax:631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 8, 2013 Mr. Martin Kosmynka 50 Commerce Drive Cutchogue, NY 11935 Re: Approved Site Plan for North Fork Self Storage Carport 50 Commerce Drive, +/-594's/o Corporate Rd & Commerce Dr, Cutchogue SCTM#1000-96-1-1.4 Zoning District: Light Industrial Dear Mr. Kosmynka: The Planning Board has found that the requirements of the above-referenced site plan have been completed-based on the site inspection made October 4, 2013 and the Work Session held on October 7, 2013. The site is now in conformance with the approved site plan entitled "North Fork Self Storage", prepared by DiGiovanni &Associates, Architects, dated February 6, 2013 and last revised April 10, 2013. This letter does not condone any changes from the approved site plan and approvals from other agencies; Planning Board approval is required prior to any significant changes to the site. Please, if you have any questions regarding this site plan or its process, do not hesitate to call this office. Very truly yours, Donald J. Wilcenski Chairman cc: Planning Board Heather Lanza,Planning Director Michael Verity, Chief Building Inspector Jamie Richter, Town Engineer C-) Zoning Board of Appeals Zo n g RECEIVED -Town Hall Annex Building AUG 13 2618 54375 Route 25 ZONING BOARD OF APPEAL PO Box 1179 Southold, NY 11971 Chai•rwp lrson Leslie Weisman and board members:- My name is Mark Schill. I am a property owner in North Fork Industrial Park, lot 96-1-1.9. 1 have no issues with North Fork Self Storage building on lot 96-1-1.3. Sincerely.. Mark Schill Z RECEIVED Zoning Board" of Appeals AUG 13 2018 Town Hall Annex Building ZONING BOARD OF APPEALS 54375 Route 25 PO Box 1179 Southold; NY 11971 Chairperson Leslie Weisman and board members: :t My name is �l�� °�� I am a property owner in North Fork Industrial Park, lot 96-1-1.2- $ have no issues with North Fork J- Self Storage buildin on lot 9 -1-1.3. Sincerely, RECEIVED Zoning Board of Appeals AUG 13 2018 ZONING BOARD OF APPEALS Town Hall Annex Building 54375 Route 25 PO Box 1179 Southold, NY 11971 Chairperson Leslie Weisman and board members: ae n°� �` I am a property owner in North Fork My name isAn Industrial Park, lot 96-1-1� 2-11 have no issues with North Fork Self Storage building on lot 96-1-1.3. Sincerely, Y)C� nO!zK RECEIVED Zoning Board of Appeals AUG 13 2018 Town Hall Annex Building ZONING BOARD OF APPEALS 54375 Route 25 PO Box 1179 Southold, NY 11971 Chairperson Leslie Weisman and board members: My name is John Devello. I am a property owner in North Fork Industrial Park, lot 96-1-1.7. 1 have no issues with North Fork Self Storage building on lot 96-1-1.3. Sincerely, John Devello - JROW2 3107086 +-t2,3q GRANT OF EASEMENTS made this� day of'.t� 20�;/�,between kECEIVE® Q} �y' f�ff;D � L a corporation having its principal a hAUG 13 2��ice at73S�em-1 ,3ty � - �"( eeinafter referred "�vrn� o as"Grantor")to VERIIAN NEW YORK INC.(formerly known as N w �i��APpEgL� Telephone Company),a corporation of the State of New York,having its principal office at 140 West Street,New York,New York and L.LL.C.O.dba L.LP.A.,®175 E. Old Country Road,Hicksville,N.Y.(hereinafter referred to as"Grantee"). WHEREAS,the Grantor owns in fee a certain parcel of land situated @ DIST. 1000,SEC.096.00,BM 01.00,LOT.001.000, County of Suffolk State of New York, as shown on EXHIBIT"A",attached hereto and hereby made part of this Grant. NOW,THEREFORE,WITNESSETH: FIRST:That for and in consideration of the sum of One Dollar(51.00)in hand paid by the Grantee to Grantor,the receipt of which-is hereby acknowledged,the Grantor grants unto the Grantee,its successors and assigns,the right,privilege and authority to construct,place,operate,replace,remove,repair and maintain service lines,including buried cable,pedestals,conduits,manholes,poles and such crossarms,guys,stubs,anchors,cables,wires and fixtures as the Grantee may from time to time deem necessary upon,over,under and along the said land and the highways adjoining or upon said land,together with the right of ingress and egress to exercise all of the rights herein granted and with the right to trim any trees and roots along said lines,as reasonably necessary,to keep the said facilities free and clear from interference on said land and said highways. SECOND:The exclusive and permanent right-of-way and easement above described and herein conveyed is intended to prohibit the longitudinal or parallel occupancy of said easement strip by others,including Grantor and to prohibit surface or subsurface structures or otherwise of others,including Grantor,which might damage or interfere with the operation and maintenance of Grantee's facilities without-the prior written consent of Grantee,but is not intended to prohibit crossing of said easement strip so long as such crossings do not interfere with or prohibit the ; full use of the easement herein granted Grantor agrees with the Grantee,on behalf of himself,his successors and assigns,and as a covenant running with the land,that the grade existing at the time of execution of this grant of easement will remain undisturbed and unchanged. TMM The Grantor hereby grants unto the Grantee,its successors and assigns the right to permit the attachment of the communication and electric service wires and facilities of other utility companies and to convey to such other companies an interest in the rights granted under this Grant. , FOURTH:It is a condition of this Grant that each corporation receiving this Grant shall pay the Bost of guarding adequately all excavations made by that corporation under this Grant and pay the cost to restore or repair any damage done by.thaxcorporation to the property of the Grantor while placing,replacing, relocating,operating,repairing,maintaining,renewing or removing its facilities,and shall save harmless and indemnify the Grantor from any injury to its property,its employees or the public which may at any time occur through the negligence of that corporation. IN WITNESS WHEREOF,Grantor has caused this instrument to be duly executed under seal the day and year first above written. Witness ?G I 11 i 4{ C V .c.1 o C.; 1 1 STATEMENT OF COMPLIANCE RECEIVE[) AUG 13 2618 ZONING BOARD OF ApaFALS RE: VJ107086 "North Fork Industrial Park" - Cutchogue,New York I have reviewed Verizon New York,Inc.(formerly known as New York Telephone Company)proposal to provide service to the above noted sub- division,including the routing of their cables and facilities across my property (including joint buried arrangements with Lilco)and hereby certify that I am in full compliance with all necessary permits,filings,certifications,etc. including New York State Department of Environmental Conservation and Wetlands. SIG. 'Y�t � '�1Q fl C i J 1 �i l JROW 2 J107086 I C IVED AUG 13 2618 STATE OF NEW YORK } )ss.: ZONING BOARD OF APPEALS COUNTY OF SVt5rVC4-U) On the 3S day of in the year L0�--before me,the undersigned,a Notary Public in and for said State,personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity,and ' that by his/her/their signature(s)on the instrument,the individual(s),or the person ' upon behalf of which the individual(s)acted,executed the instrument. Notary Public 1fl:LAME V.SHOWN H04 We,8WW Of ltKW YorkNo.4 + 0AW in Svliolc 00U* Caere Wm Od. () i i ARTICLES OF ORGANIZATION OF Zot4joG BOARD Of APPEALS M3 LLC Under Section 203 of the Limited Liability Company Law of the State of New York BLU-39 DRANMOWN MUD By.. BLUMBEROEXCELSIOR,CORPORATE SERVICES INC. 52 SOUTH PEARL STREET,eD 1:`LR ALBANY,NY 12207 M1 13q RECEIVED ARTICLES OF ORGANIZATION AUG 13 2648 OF ZONING BOARD OF AP°EALS S3S, LLC Under Section 203 of the Limited Liability Company Law of the State of New York THE UNDERSIGNED,being a natural person of at least eighteen(18)years of age and acting as the organizer of the limited liability-company (the "Company") hereby being formed tinder Section 203 of the Limited Liability Company Law of the State of New York(the"LLCU'), certifies that: FIRST: The name of the Company is: ML IC SECOND: The county within the State of New York in which the principal office of the Company is to be located is SdFOLI£ THIRD: The Secretary of State is designated as the agent of the Company upon whom process against the Company may be served. 'The post office address within or without the State of New 'York to which the Secretary of State shall mail a copy,of any process against the Company served upon such Secretary of State is CIO SHADE SMITH,207 MONTAUK HIGHWAY,P.O. BOX 480, SPEONK, NY 11-972. FOURTH: The Company shall be managed by one or more members. IN WITNESS WHEREOF, I have subscribed these Articles of Organization and do hereby affiml the foregoing as true under penalties of penury,this'February 17,•2005. Sharon Babala Sole Organizer clo BlumbergExcelsior Corporate,Serviees 52 South Pearl Street,2nd Floor Albany,NY 12207 RECEIVED STATEMENT OF ORGANIZATION A U G 13 2 0!8 OF ZONING BOARD OF APPEALS THE SOLE ORGANIZER' OF S3Sj LLC THE UNDERSIGNED,being the sole organizer of the within named limited liability company(the. ,,Company% formed under Article 2 of the Limited Liability Company Law of the State Of New York (LLCL),does hereby state that 1. The Articles of Organization of the Company under LLCL § 206 were filed by the Department of State of the State of New York on 1 2005. A copy of the Articles of organization and the original receipt of the Department of State showing payment of the filing fee are annexed.hereto.The same hereby,is ordered filed with the operating Agreement of the Company. 2. At the time of its formation,the Company had at least one member,to wit: SHANE SMITH 207 MONTAuK HIGHWAY,P.O.BOX 480,SPEON&NY 11972 3. The sole organizer herein is neither a member or a manager of the Company. 4. From this date hence,the undersigned,effective this date,has fulfilled the,duties as the sole organizer of S38,LLC,in accordance with the provisions set forth in LLCL§203 and herewith relinquishes all further duties relating to the organization and formation of the Company. IN WITNESS WHEREOF, I have made and subscribed this Statement of Organization,this 2005. SHARON BABALA Sole Organizer New York State Department of State RECEIVED Division of Corporations Biennial Statement e-Filing sm` 2018 SUBMISSION CONFIRMATION ZONING BOARD OF APPEALS PLEASE PRINT FOR YOUR RECORDS Thank you for submitting your biennial statement online. The biennial statement submitted through the Biennial Statement e-Filing System has been transmitted to the Department of State. Transmittal Informational: DOS ID: 3165880 BUSINESS NAME: S3S, LLC Filing Period: 0212017 Transmittal Date: 02107/2017 01:31 PM Credit Card Auth Code: 00766E Credit Card Trans ld: 070217A14-EC830FE8-SFFF-43D5-9FEF-A94D24E6FD66 Last 4 Digits of Credit Card: 6028 Record Number. 20170207000363 The CredidDebit Card has been charged $9.00 on: 02107/2017 01:31 PM Upon successful filing of the electronic biennial statement in the records of the Department of State a filing acknowledgment will be sent to you at the e-Mail address provided: BERNIEG a@SPEONKLUMBER.COM. Please note that modifications made through the e-Statement Filing System may not be reflected in the records of the Department for 1 to 3 business days. if you have questions regarding your electronic fling please contact us at corporations@dos.ny.gov NYS Division of Corporations, State Records & Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001' (518)473-2492 PRINT THIS PAGE CLOSE APPLICATION Return to Main Page https://appext2O.dos.ny.gov/corp ebiennial_public/corp_app.e biennial.ebiennial�rocess 2/7/2017 TOWN OF SOUTHOLD PROPERTY RECORD CARD I OWNER STREET Y C, VILLAGE DIST. SUB. LOT 3 S 3S o m Yyv rcc r ark ACR. -3 74 RE' OS 3S ��- N'sll ld►gf on CA 05 g 3t IS3(ocl TYPE OF BLD. e,-qf ob r0" ( Y C PROP. CLASS LAND IMP. TOTAL DATE 10 0-42-PQ! ( D 3 t o!5 37 376o FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLA6ND DEPTH MEADOV&AND BULKHEAD HOUSE/�T 3.7,� !off 3•�� TOTAL Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 10/05/18 Receipt#: 248861 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7239 $1,000.00 Total Paid: $1,000.00 Notes: Payment Type Amount Paid By CK#3171 $1,000.00 North Fork Self Storage LLC Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: S3S, LLC 65 Commerce Drive Cutchogue, NY 11935 Clerk ID: JENNIFER Internal ID:7239 j Town of Southold 2/12/2020 53095 Main Rd Southold,New York 11971 I Receipt # 7239 Reference: App.Number: (invalid) Permit Number: S3 S LLC Legal Address: ' 65 Commerce Dr Date Fee Check Number Amount 10/4/2018 AREA VARIANCE LESS THAN 200 SQ. FT. 3171 $1,000.00 FOR APPLICATION WITH ONLY ONE REQUEST THE FEE SHALL BE$250.00,IF MORE THAN ONE REQUEST THE FEE SHALL BE$250.00 FOR EACH ADDITIONAL VARIANCE REQUESTED Total: $1,000.00 This is a receipt for payment of fees. This is not a building permit. Date Printed: 2/12/2020 ry MumCity=Current USer ELIMBEfHS -= - - - ' O—ew b.iM. t•;i`�v� ,•Dep-rtmtm �1—.91Oth0 d5 os Iau ;• • - - _ •� ,_ _ „, „„ _, � raJ (tOdyCk i Ow fen r�,asrtavrn! Ptiiui4iA'.„ danln T_ a8 `-Reports 'I,QSave and dose��rAPnntX ./•Tables $Fea Zoning - »_.. .- ... Awc New A.Seerch,,j'+t7 Nevi. tompanies�tonlacu (.';,� ode Note i•OCodes � _-PBBiInYolC6j Doamenis/InV01[e5(D)t ,'-. f • , Fee,Fine`~P2YW;Crednor:NOrth zwoo Reference NBW 1lpphnanon "',__ _47ii 1.1 ..`.._, +,»:•.�.'• aa-»� - �• General Parcels(1 "I Tasks(O;r 'Fee Type: ARFA VARIANCE LESS THAN 211050 FT _ 7-.•._:,,„z..> ."_..,.- _y,, Dnte;-j10/4/2018 1'©-Am4S(700000_-.:x dPaid t_.._ 'gecapii.t_.S�F1rnt lnvwces „• Feas6 ��> 17adEidAppliaa) Sy, "' u'�C1rp1r1te Belan•to Select-Rr ht CLcfcm Payment Type. CHECK Source:'HOMEOWNER_-___ L�Only Show OP@A APPIicoHons I _Re_c#_.)Date `.. .,Type .„ i - - scnphon_ �f„ Check Number- 3171 ,•Receipt Number`7239-4_._._ .�� R APPLICATION WITH ONLY -� t y9 1011/2018 ' AREA -----_--% _ — --- A �cahon Name, ., A Iroahon!;:^ ConaoP ,E'i Receipt Primed Q,Involcoprhood, 1926 Grandnew Inc 7390 [ - - ---_—'-_ '-- 56655 tv1am Road LL, 7036SE 660 B t Parcel: 96-1-13 ryl`14` Act.Amt.Si i I= err Detre LLC 7386 t ,�- fim 1 Bank.�� r- j Due Date.t 0- ',.� l 8025 hlam Rd LLC 7261 GL Code. I Permit q:' 1 925 ounn sRead LLC 73d LLC 278SE t Invoice Number, I 9 _ -1 1- Invorced Date; 10!5/2018 �'Q __. - Aldano,Roberta 7368 Bashmn,Haykuhr_LL ,7212 _ ' g' PaYartCredftor inlarmetian' - 1 1 Bassos Panaymtm 7363 Baumnnd.S Alexandra•7393 _ Baumdnd,S Alexandre _7393 f "Name 'yNoiy� th Fork Sell Storage, hwoodRd 22 LLC 7380 . Address:150 Commerce Beac Becker,Barbara _7369 Bemc.Maureen 7389 }„.._.m,..._..._._.._._.._.--__.., .I _.�-_—35_-i Blazotvski,Susan 7355 - City.,Cutchogue ,State:NY�21p•1119 Cimino, C. 7338 " tIjl-""'a-"11 —Gil 999 - _ v � km.,Phone:�631-7342177 Fax:631-7342178 phone, Pager:1, '' Appffpatfoli t+earcA; ! `' "Cellr !email!sales@nmthiorkselfe� ;J. ,j A >ItcpntA N ,.,.,.......,.... web5rte•;� +._.._. __ "___ ._,...____ v_.-) - - I• rA plication Number l i i'=�.•I♦(.[cafeCAM hlth.. "�t•''� ' 'Deladed Sowch d 'tl�y,�,Crease ew Fee,, Fee TypesC..� _ = - s�Xrn•:'•`:.�. his Projeet.$1,0 .00 d Barbara Clark -7 From. Shane Smith RECEIVED - Sent: Thursday,April 26,2018 7:53 AM AUG 13 2018 To: Barbara Clark Subject; Fwd:65 Commerce Road S3S,LLC to Kosmynka ZONING BOARD OF APPEALS Thank you, Shane Smith President Speonk Lumber Corp. p 631325-0303 f 631-325-1811. 207 Montauk Hwy. PO Box 480 Speonk.NY 11.972 shavesftaMklumber.com www.speonklurnbgr.com OiNe Deliver.Since 1.9W Begin forwarded message: From:Krysten Flanagan<kflanagan@1salyilaw.com> Date.Aprit 25,2018 at 3:55:30 AM EDT' To.Shane Smith<ShaneS@speonklurnber.com> Subject.65 Commence Roacd S3S,LLC to Kosmynka Good Morning Shane: Please forward to me the following items at your earliest:convenience pertaining to S3S,LLC: 1. Filing Receipt 2. Article of Organization 3. Operating Agreement 4. Proof of Publication Best, Krysten Flanagan Legal Assistant i Law Offices of Joseph A.Salvi 48 Hill Street Southampton,NY 11968 A 631.283.5600 �3q RECEIVED AUG 13 2018 ZONING BOARD OF APPEALS 2 (IRS USE ONLY) 576A 04-28-2005 535L B 0223+625697 23353 41Zi RECEIVED AUG 13 2018 ZONING BOARD OF APPEALS F w+ D0371 j i i i i °s Keep this part for your records. CP 5716 A (Rev. 7-1997) - ---------------- ------ ---------------------------`"------------------------------------ t ` F i Return this part With your Form SS-4, Application for Employer Identification Number. Please correct CP 576 A 's any errors in Your name or address. 0223525697 Your Telephone dumber Best Time to Call DATE OF THIS NOTICE: 04-28-2005 ( ) - EMPLOYER IDENTIFICATION NUMBER: 20-2565791 FORM: 2553 NOBOD INTERNAL REVENUE SERVICE 535 LLC CINCINNATI OH 45999-0023 SMITH SHANE HER 207 MONTAUK HWY SPEONK - NY 11972 DIVISION OF CORPORATIONS Al, RECORDS �E4ATTY, NY 12231-0001 FILING RECEIPT �L ENTITY NAME: S3S, LLC AUG 13 ZC18 DOC, MENT TYPE: ARTICLES OF ORGANISATION (DOM LLC) ZONING BOARD lag)ARW LSS SUFF SERVICE COMPANY: BLUMBERG/EXCELSIOR CORPORATE SERVICES SERVICE CODE: 39 FILED•:02/17/2005 DURATION:********* CASH#:050217000662 FILM #(:05023.7000643 ADDRESS FOR PROCESS EXIST DATE C/O SHANE SMITH 02/17/2005 PO BOX 480 207 MONTAUK HIGHWAY SPEONK, NY 11972 REGISTERED AGENT ---------------- FILER FEES 225.00 PAYMENTS 225.00 FILING 200 .40 CASH 0.00 TAX 0.00 CHECK 0.00 BLLWERGEXCELSIOR CORPORATE SERVICE CERT 0.00 CHARGE 0.00 52 SOUTH PEARL ,STREET, 2ND •FL©OR COPIES 0.00 DRAWDOWN 225.00 HANDLING 25.00, BILLED 0.00 ALBANY, NY 12207 REFUND 0.00 DOS-1025 (11/89) ___ (IRS USE ONLY) 576A 04-28-2005 535L B 0223625697 2553 RECEIVED AUG '13 2018 ZONING BOARD OF APPEALS F 30371 j i i i i e S� • S j !creep this Part for your records. Cis 576 A (Rev. 7-1.997) ---------------------------- -------------_--_____-_-___-----_--_---------------------------- Return this part With your Fora SS-4, Application f for Employer Identification Number. Please correct CP 576 A any errors in Your name or address, 0223625697 C t Your Telephone Number Best Time to Call DATE OF THIS NOTICE: 04-28-2005 ( ) - EMPLOYER IDENTIFICATION NUMBER: 20-2565791 FORM: 25553 NOBOO INTERNAL REVENUE SERVICE 535 LLC CINCINNATI _OH 45999-0023 SMITH SHANE MBR 11114141,1.1.11.1#1111 sisal 11111111111111111111s1t11 207 MONTAUK HWV SPEONK , NY 11972 �23q RECEIVED EEe 2 0 2019 LAW OFFICES ZONING BOARD OF APPEALS WICKHAM,BRESSLER&GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 TELEFAX NO 631-298-8565 awickhani@wbglawyers.com February 20,2019 Town of Southold Zoning Board of Appeals 53095 Main Road,Post Office Box 1179 Southold,New York 11971 Re: Appeal#7239—S3S, LLC/Kosmynka 1000-96-1-1.3 Ladies and Gentlemen: Following the inquiry made by the Board at the hearing,I spoke to Michael Verity, Chief Building Inspector,regarding my position on set back averaging,both as to neighboring properties and as to multiple buildings on this site. He acknowledged that building averaging was to be considered,but advised that he thought'it was a matter for the ZBA to address in this application. Thank you for your consideration. Very tru y yours, i' AA 411'/C/111 Abi it A. Wickham enc! Re1K1Ltr7_P,A - „I X51 S3S, LLC 2/6/2019 1000-96-1-1.3 Appeal No. 7239 Outline of Testimony Abigail A. Wickham, Wickham, Bressler& Geasa,PC, attorneys for applicant. 1. Address physical factors which argue in favor of granting the variance 2. Provide an analysis of Code language which supports the proposed front yard setbacks. Reasons for Variance- Point 1: whether an undesirable change will be produced in the character of the neighborhood, or a detriment to nearby properties will be created by the granting of the area variance No. a. This is a Light Industrial area with similar sized buildings on both sides of the property. Code 280-62A(3) specifically provides for public and private warehousing, which requires large buildings. Surrounding parcels are all commercial in nature and the proposed buildings and uses are in keeping with the area. This use is a"clean”use for a Light Industrial area. b. Frontyard Setback at 50 Commerce Drive—Tax Lot 1.4: 15.9 feet c. Lot coverage is tinder the 30% limit, so over 70% of the property is open, which includes more than 25% of the lot in landscaping and buffers. Front yard setbacks on Depot Lane and Co Route 48 equal or exceed 100 feet d. Only a small portion of the McCall farm on the south side of Route 48 is directly across from this property,and the development rights to it have been sold to the County of Suffolk, so no residential use will occur there. There is no detriment fiom this project to the agricultural use of the McCall property. The property directly across Route 48 is a County sump. There are several letters in support of this application from nearby property owners. e. The lot narrows on the Commerce Drive side,which limits the building width along that front yard, making it less imposing looking from Commerce Drive. f. The short front yard setbacks of the two closest buildings to Commerce Drive, 27.1 feet and 25 feet, occur mainly because of the curve of the cul de sac. This brings the street line into the property in what would otherwise be a front yard area. It will not be noticeable until you actually,turn into the property. Also,the cul de sac gets very little traffic. Point 2: whether the benefit sought by the applicant can be achieved by some method which will be feasible for the applicant to pursue but would not require a variance. No. The front yard setback is as proposed for several reasons: The lot setbacks and lot shape limit the available building area by almost 4,000 sq. feet. The lot is a corner lot with three front yards,with 100 foot setback restrictions on both Route 25 and Route 48,in addition to the frontyard setback from Commerce Drive. This pushes the building area into the interior and significantly lessens the available building size. Also, the lot is wedgeshaped shape and telescopes towards Commerce Drive,requiring a much narrower building area on the street where the front yard reduction is requested. Since we believe that the reduced Commerce Drive front yard will not have an adverse impact on the neighborhood,as described in Point 1, we are asking that the reasons in favor of this variance be balanced toward making up for the building area limitations of this lot. 1 Storage buildings are of necessity long and narrow, so making the buildings shorter and wider to attain more building area while complying with setbacks would result in storage units that are not efficiently sized for the proposed usage. The interior storage units would be narrower and longer, making storage difficult and inefficient. Point 3: whether the requested area variance is substantial. No. In fact, a variance is not required as Section 280-64 is written. 280-64C addresses setbacks in this case: Multiple buildings not limited to 60 feet width (which applies here) must have 100 feet of setback or the average on adjoining parcels.. The setback of the metal building to the east, 50 Commerce Drive, is 15.9 feet(ZBA Appeal No. 6514). The setback of the building to the north, 115 Commerce Drive, is 130.4 feet. The average is 73.15%. One could argue that the average should be based on setbacks up to 100 feet,the maximum required, which would equal 100. + 15.9/2= 57.92. However,280-64D provides that the setbacks of multiple structures on a parcel may vary, provided that the average setback of the structures meets the setback required above. Here, we have four buildings (none of which, by the way, are wider than 60 feet): 27.1' + 58' +217' +25' = 327.1 /4 = 81.775 feet. So Section 280-64 requires that the average setback of the buildings we have here, 81.775 feet, must be greater than the average setback on adjoiping parcels, which is 73.15 or 57.92, depending on how Section 280-64C is interpreted. Under either interpretation, this project's front yard average building setbacks (81.775 feet) exceeds both of those numbers. Therefore, I could argue that not only is the variance not substantial, it is not required. In that event, we would request an amendment to the application to seek.a reversal of the determination of the Building Inspector's Notice of Disapproval. Point 4: whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and No. a) The reduction of the front yard setback is caused in part by the curve of the cul de sac, so the buildings will appear to be set back considerably further from the street until you drive into the property. b) Landscaping will mitigate any visual impact,primarily native cedar trees. c) The two buildings closest to Commerce Drive are each only 20 feet wide, so they are not going to present as large edifices facing the street. d) There is existing dense and wide buffering along both Route 48 and Depot Lane, and those buffers will be augmented with additional plantings. e) All roof runoff will be contained on site. f) No adverse effects or impacts have been shown. Point 5: whether an alleged difficulty is self-created. Yes, in part. However,the Southold Town Fire Marshall required that a 25 foot wide fire lane be provided around the buildings,which on the west and south sides pushes the buildings further toward the Commerce Drive portion of the lot. Note to file: Jonathan Brown, Esq., appearing for Russell McCall, stated that he had no objection to the front yard variance request. 2 �%r.• r v � ,µ k a Y � i i by .: r Lf,EXPANECN JOINTS 6'REINFORCED 4-0°(FIRE ,1,1) CONCRETE APRON IF.-0'(ENTRY DATES) I I/1' W/6'x6'8/6 NWM I4i11DL SWNC ME D PAVED \•� > 0 RI4EWAY / i" SECTION A-A Q' °•'� I� ExPAN90N JOINT °' pp GATE:T,P aQ jc SEPTIC TANK DETAIL CHAIN LINK FENCE GATE 11 _GH G ,H � /2' I_I/x•.PpH.LT Apra Ja ANSIGN • . 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TOWN OF SOUTHOLD,SUFFOLK COUNTY,NEW YORK uv[T�i /w-xpe N n LANOBANKEO SPACES PRONGED-11 SPACES `yLiV\/ S C rN 1—096-01-00I 4 Rob AR[.•n5n si �INi.x/I.-Ise N rT TOTAL SPACES PFOMDEO-BT SPACES y CO/C`:6'• °•W } PREP_BY PREPARE°FOR ssT cu n NOTES \ Oa/ \RC,A, �t I ° KENNETH II DFC AN NORTH FORK SllF STORAGE LLC UY x-6 a vfl•)ep N n.Ci CJD aiKaia[A_'Sv]sr.Ivm,xn •S I N rt I THIS PROPER7Y ALSO KNOM AS LOT 4 ON O� Y�,-�1„. IB14 EMOB ANp IAND PGNNDTG P 0 BOX 1270 p00/ARIA=Tm .x/IT-J58 N n MAP OF NORM FORK INDUSTRIAL PARK / t+ IBII 10001E COIINTItt ROAD CUTCHDCUE N Y imM2 e[GOrAP-i41 o it n All uv 2 DIERE SHALL BE NO ACCESS r0 YIODLE SLI ur r.F 9VRY D x v I N ROAD'Cl 46) nNl MORE.NY IIOBI ]STORAGE BUILDINGS GG NOT CONTAIN / SCALE 1 -20 nFNNSONS ,•,,,- ^"”°N n BOLLARD DETAIL / / tP,R"56.N[.•9L00 pr•'iW•x/la•150 N rt POTMU WATER OR SANITARY FACILITIES F DRAWN BY KAN 1p1 i III, I,IAPJ= N B N 4 THERE ARE NO WELLS WITHIN 150'OF N 1 N Scrt[ DATE DECEMBER 2001 . O u - vrr- L rt Ac}GAP PROPOSED SANITARY SYSTEM / CHECKED BY KHB CRANING B01-6964 ,JOB No. PDf-fiSfi1 SHEET 1 OF 1 e 077 oo-7-L J.4 • DAA DiGiovanni & - I Associates r � M/ '� Architects 4 r PEO.xr, now ✓' 540°4730"E 554"16' pp !I 26 Preston avenue sea cliff,My fi'-O'FIRE 6ATE5 r (516)671.3624 9 gD fax(515)759-7138 ry / •R II I �V / )I [ eawsx rl WATS GWN G ED I J ! O � 1 LNC FBb:nYFR:AL APQIO ®� / y� eS%t 7Cr-O. 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AS NO 1 'I Tin>Ix.n b.,Rd I'll I'^�oF�rJv�") I OF 2 NOTE.The approved mCNas�TQ uPe cm1c SCNCe LINF255 to " Is0lehs fmm ue duo C[C .� L_ — Fuentes, Kim 0 � � � � From: awickham@wbglawyers.com 6 �� °p019 Sent: Thursday, February 07, 2019 4:29 PM To: Fuentes, Kim Cc: Duffy, Bill Subject: Appeal No. 7 239 - S3S, LLC - Kosmynka Attachments: C&RsNFIndParkAmd.pdf, C&RsNFIndPark.pdf, OutlineZBA- Hearing.doc Kim - attached are the following: 1. North Fork Industrial Park C&R's/Planning Board, and amendment. 2. Outline of my presentation this morning. My math on the average setbacks of the buildings on the property is incorrect. The figure should be 81.775 feet rather than 76.775 feet. I note (from my full size desktop screen) that the 280-4 definition of Buffer was added in 2009, after the subdivision was approved and the C&Rs filed (2005). I also note that the covenants themselves, in paragraph 4, make a distinction between "buffer" in (a), "landscape buffer in (b), and vegetative buffer in (c), each applying to different lots. "Buffer" is referenced for this lot. I would submit that this is a question to be considered by the Planning Board in the site plan process, and would hope this differentiation should be sufficient for the ZBA to pass on it. Please advise as to the time of the Special Meeting on Feb. 21. I have to appear in Queens Surrogate's Court at 9:30 and hope your meeting will be later in the day. Gail Wickham Wickham,Bressler&Geasa,P.C. 13015 Main Road P.O.Box 1424 Mattituck,New York 11952 631298-8353 631298-8565 (Fax) awickhamawb.lawyers.com This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by the attorney-client privilege.If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient,be advised that you have received this e-mail in error and that any use, dissemination, forwarding,printing, or copying of this e-mail is strictly prohibited. If you have received this e- mail in error,please immediately notify the sender at 631-298-8353. 1 S3S, LLC 1000-96-1-1.3 Appeal No. 7239 Reasons for Variance - Point 1: whether an undesirable change will be produced in the character of the neighborhood, or a detriment to nearby properties will be created by the granting of the area variance No. a. This is a Light Industrial area with similar sized buildings on both sides of the property. Code 280-62A(3) specifically provides for public and private warehousing, which requires large buildings. Surrounding parcels are all commercial in nature and the proposed buildings and uses are in keeping with the area. This use is a"clean"use for a Light Industrial area. b. Frontyard Setback at 50 Commerce Drive—Tax Lot 1.4: 15.9 feet c. Lot coverage is under the 30% limit, so over 70% of the property is open, which includes more than 25% of the lot in landscaping and buffers. Front yard setbacks on Depot Lane and Co Route 48 equal or exceed 100 feet d. Only a small portion of the McCall farm on the south side of Route 48 is directly across from this property, and the development rights to it have been sold to the County of Suffolk, so no residential use will occur there. There is no detriment from this project to the agricultural use of the McCall property. The property directly across Route 48 is a County sump. There are several letters in support of this application from nearby property owners. e. The lot narrows on the Commerce Drive side, which limits the building width along that front yard, making it less imposing looking from Commerce Drive. f. The short front yard setbacks of the two closest buildings to Commerce Drive, 27.1 feet and 25 feet, occur mainly because of the curve of the cul de sac. This brings the street line into the property in what would otherwise be a front yard area. It will not be noticeable until you actually turn into the property. Also, the cul de sac gets very little traffic. Point 2: whether the benefit sought by the applicant can be achieved by some method which will be feasible for the applicant to pursue but would not require a variance. No. The front yard setback is as proposed for several reasons: The lot setbacks and lot shape limit the available building area by almost 4,000 sq. feet. The lot is a corner lot with three front yards, with 100 foot setback restrictions on both Route 25 and Route 48, in addition to the frontyard setback from Commerce Drive. This pushes the building area into the interior and significantly lessens the available building size. Also, the lot is wedgeshaped shape and telescopes towards Commerce Drive, requiring a much narrower building area on the street where the front yard reduction is requested. Since we believe that the reduced Commerce Drive front yard will not have an adverse impact on the neighborhood, as described in Point 1, we are asking that the reasons in favor of this variance be balanced toward making up for the building area limitations of this lot. 1 f Storage buildings are of necessity long and narrow, so making the buildings shorter and wider to attain more building area while complying with setbacks would result in storage units that are not efficiently sized for the proposed usage. The interior storage units would be narrower and longer, making storage difficult and inefficient. Point 3: whether the requested area variance is substantial. No. In fact, a variance is not required as Section 280-64 is written. 280-64C addresses setbacks in this case: Multiple buildings not limited to 60 feet width (which applies here) must have 100 feet of setback or the average on adjoining parcels. The setback of the metal building to the east, 50 Commerce Drive, is 15.9 feet (ZBA Appeal No. 6514). The setback of the building to the north, 115 Commerce Drive, is 130.4 feet. The average is 73.15%. One could argue that the average should be based on setbacks up to 100 feet, the maximum required, which would equal 100. + 15.9 /2= 57.92. However, 280-64D provides that the setbacks of multiple structures on a parcel may vary,provided that the average setback of the structures meets the setback required above. Here, we have four buildings (none of which, by the way, are wider than 60 feet): 27.1' + 58' +217' +25' = 327.1 /4= 81.775 feet. So Section 280-64 requires that the average setback of the buildings we have here, 81.775 feet, must be greater than the average setback on adjoining parcels, which is 73.15 or 57.92, depending on how Section 280-64C is interpreted. Under either interpretation, this project's front yard average building setbacks (81.775 feet) exceeds both of those numbers. Therefore, I could argue that not only is the variance not substantial, it is not required. In that event, we would request an amendment to the application to seek a reversal of the determination of the Building Inspector's Notice of Disapproval. Point 4: whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and No. a) The reduction of the front yard setback is caused in part by the curve of the cul de sac, so the buildings will appear to be set back considerably further from the street until you drive into the property. b) Landscaping will mitigate any visual impact, primarily native cedar trees. c) The two buildings closest to Commerce Drive are each only 20 feet wide, so they are not going to present as large edifices facing the street. d) There is existing dense and wide buffering along both Route,48 and Depot Lane, and those buffers will be augmented with additional plantings. e) All roof runoff will be contained on site. f) No adverse effects or impacts have been shown. Point 5: whether an alleged difficulty is self-created. Yes, in part. However, the Southold Town Fire Marshall required that a 25 foot wide fire lane be provided around the buildings, which on the west and south sides pushes the buildings further toward the Commerce Drive portion of the lot. 2 2 3 Number of pages RECORf I 2006 Mar 22 10:12:07 RM 9'ORIIENS Judith A. OF ale Serial 0 t SUFFOLK COUNTY L D40492941 11 � 20'9 Certificate H ! P 59B Prior CIL 9 a� Decd l Mortgage lustrutitettt Deed I Mortgage Tax Stamp Recording/Filing Slatups 4 1 FEES PageIFiIingIke r::2 MwlgogeAmt. llaudiing �_c I.Basic'I'nx '1'P-584 2.Addiliatal'I'ax Notatiutr Sub Total LA-52 17(Couuly) Sub Total Spec./Assil. Or LA-5217(Stale) Spcc./Add. It.P:1:S.A. LL-' �C�V 101%N'I•G.TAX Caron.urlid. 5 00 Fy ., %9{ Dual'I'uwn Dual County leld rut Appotliunnrctit Affidavit X41 � 4 'limusrerTax certified Copy !l`�Q Mansion Tax Ilia properly covered by this mortgage is a Reg.Copy will be improved by a one or two family sub.Totat dwelling only. UlbcrYC5 vrNU GRAND TOTAL j�/ � !f NO,sec appropriate tax clause vu page 11 of this instruuteuL 5 Real Pitiperty'I'axService Agency Verification, 6 Community Prescrvlltlotl Fund et c Dist. Section 13 lock Lut Coitsiderutiou Aniount$ 1000 096.00 01.00 Q 6001.04 CPr--rux Due S__ D l/ Initials ��p •0 pro � )_ dUS Z . Vacant Latrd 7 SolisfaCtiwts/Dischargcs/RcicasesList Property Otivnq/9, vl�Q�LVD s I'p REC01U)&ILCsI'ULtN'1'O: // - TI) William C. Coggins, P.C. Tll P.O. Box 65 13105 Main Road Mattituck, New York 11952 a Title Company 111Corulalion Co.Name riUe Suffolk•Cowit R-ecordin &Endorsement Page 'niis page romis part of flim attached Covenants and Restrictions _made by: (SPECIF-A"I'M OF INS MUMLNI-) NORTH FORK INDUSTRIAL PARK 'llie premises her6a is situated in (TIDE GROUP, INC.) SUFFOLK COMIY,NEW YORK WITH In die TONVIIShip Uf Southold DEPARTMENT OF HEALTH lu the VILLAGE. Orl•IAIvIETOf. Cutchogue BOXES 5'11-UtU 9 MUS'1 BE TYPED OR PRINTED IN BLACK INK ONLY PIUOR TO I ECOMING Olt FILING. AMENDMENT TO ✓�-�'J�� 1 i DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made on this B'�'day.ofMarch,2006,by Tide Group, Inc. hereinafter referred to as the DECLARANT, as the owner of premises located at County Road 48, Cutchogue, New York and known as the Map of North Fork Industrial Park filed in the Office of the Cleric of Suffolk County as map No. 11215 and described(hereinafter referred to as � the PREMISES) as SCTM No. 1000-096.00-01.00-001.000 desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: ' WHEREAS, DECLARANT has previously filed with the Suffolk i County Clerk covenants.and restrictions in liber 12367 at page 87, and the DECLARANT hereby seeks to amend the covenants and restrictions filed only to the extent set forth herein; and I WHEREAS, the Planning Board of the Town of Southold consents to the amendment of the covenants and restrictions upon said land; and I NOW, THEREFORE, the DECLARANT, its successors and/or assigns hereby sets forth the following covenants, agreements and ' declarations against the above described property: 1. The DECLARANT hereby agrees to reduce the 20 foot wide vegetative buffer area along the easterly line of the Map of North Fork Industrial Park filed in the Office of the Clerk of Suffolk County on January 27, 2005 to a 5 foot wide buffer along the easterly line of lots 4 through S inclusive. Description of said change is attached hereto and made a part hereof as Schedule A. 2. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws,ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. i 3. This document is trade subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and trade a part hereof, as though fully set forth. 4. The aforementioned Restrictive Covenants shall be enforceable by the Town of Southold, County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at lave. The failure of said Town to enforce the same shall not be deemed to affect the validity of this covenant. 5. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT,its successors and assi6ms, and upon all persons or entities claiming under them, and may be terminated,revolted or amended only with the written consent of the majority plus one of the Southold Planning Board, or its successor body, following a public hearing. 6. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The Tide Group, Inc. ; Ey: v-Nr L.S. HenryJay-n4,"16J-1Cs1deht I STATE OF NEW YORK) Jy i )SS: COUNTY OF UFFOLK) On the,Z3day of March, in the year 2006 before me, the undersigned,personally appeared HENRY RAYNOR personally known to me or proved to nae on the basis of satisfactory evidence to be the individual (s)whose names(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s)on the instrument, the individual(s) or the person upon behalf of which-the individual(s)acted, executed the instrument. IAle /4g— NOTARY PU13L �!ttu�s c.caccros N*;y Public,stay of New Yottc �1 kfstch 12Df� I Number of pages RECORDED l / ?L'05 Jan ZO 03: 14:44 Pt9 �� o TORRENS Edward-P.Romaine CLERK OF ��qD Serial# 5[ G)FFOLK CMn' ®v__m® --- L 1)00012:67 Certificate# P 087 DT# 04-25330 Prior Ctf.# Deed/Mortgage Instrument Deed/Mortgage Tax Stump T7777ccarding/Filing Stamps 3 FEES Page/Filing Fee _ 0 _ Mortgage Amt. 1. Basic Tax Handl* 5. 00 2. Additional Tax TP 5584 131" Sub Total Notation SpecJAssit. or EA-52 I7(County) _ Sub Total "]' v Spec./Add. EA-5217(State) TOT.MTG.TAX t Dual Town Dual County _ R.P.T.S.A. �q Held for Appointmen Comm.of Ed. 5. 00 Transfer Tax Affidavit / o Mansion Tax The properly covered by this mortgage is CcrtifiedCopy Vv or will be improved by a one or two NYS Surcharge 15. 005'b family dwelling only. Sub Total YES or NO Other Grand Total t 0—5 �Z. If NO,see appropriate tax clause on page# of this instrument - S 1000 096.00 01.00 001.000 Dist. Section Block: I Lot 5 Community Preservation Rand Real Property Co sideration Amount$ N/A Tax Service Agency r"Opp PF ax Due 5 Verification � -- - SUFrOLX � Impmvrd Vacant Lund 6 1 Satisfactions/Discharges/Relcases List Property Owners Mailing Address • RECORD&RETURN TO: TD TD LARK r. FOLTS ESQS PO BOX 973 TD CUTCHOGUE NY 11935 7 Title Company Information Co.Name N/A Title# N/A 81 Suffolk County Recording Q& Endorsement Page This page forma pan of the attached Declaration of Covenants and Restrictions made by: (SPECIFY TYPE OF INSTRUMHNT) NORTH FORK INDUSTRIAL PARK The premises herein is situated in SUFFOLK COUNTY.NEW YORK. } In the Township of Southold In the VILLAGE_ or HAMLET of Cutchogue BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) C• dad DEC ION OF COVENS AM RESTRICTIONS NORTH FORK INDUSTRIAL PARK Declaration made this 3rd day of January, 2005, by TIDE GROUP INC. , a New York corporation with offices at 275 Cardinal Drive, Mattituck, New York =1952 (herein referred to as "Declarant") . WHEREAS, Declarant is the owner of certain real property } situa4e at Cutchogue, Town of Southold, County of Suffolk and State of New York (SCTM #1000-096.00-01.00-001. 000) , more particularly bounded and described in Schedule A which is attached hereto; and WHEREAS, Declarant has filed an application for approval of a 12 lot subdivision to the Southold Town Planning Board for the property described in Schedule A to be known as "Map of North Fork Industrial Park, at Cutchogue, Town. of Southold, Suffolk County, N.Y. "; and WHEREAS, for and in consideration of the granting of said subdivision approval on January 10, 2005, the Southold Town Planning Board has deemed it to be in the best interests of the Town of Southold and the prospective owners of this property, that the within covenants and restrictions be imposed on the premises located on the property described in Schedule A and has required that the within Declaration be recorded in the Suffolk County Clerk's Office. NOW, THEREFORE, the aforesaid property, as described in. Schedule A -shall be-subject to the Following covenants and restrictions: ARTICLE I. DEFINITIONS The Following words when used in this Declaration or any supplemental declaration shall, unless the context otherwise prohibits, have the meanings set forth below: (a) "Common Properties" or "Common Areas" shall mean and refer to certain areas of land excluding the industrial lots as shown on, the Subdivision Map and including the internal roadways and drainage areas until such time as they are accepted for dedication by the Town of Southold. (b) "Declaration" shall mean and refer to this Declaration of Covenants and Restrictions, as the same may from time to time be amended. 1 • (c) "Declarant" shall mean and refer to Tide Group Inc. and its successors and assigns, including without limitation, any mortgage which has been foreclosed or acquired by other means the interest of the "Declarant" . (d) "Lot" shall mean and refer to any plot, pieces or parcels of land intended for commercial uses shown on the Subdivision Map but shall not include the Common Areas. (e) "Property Owner" or "Owner" shall mean and refer to I the record owner of fee simple title to any Lot, including the Declarant with respect to any unsold Lot. (f) "Unsold Lot" shall mean and refer to any Lots- owned by ' the Declarant and any successor or assigns until such time as the same have been sold to a third party. ARTICLE II. DEVELOPMENT OF THE NORTH FORK INDUSTRIAL PARK SECTION 1. Declarant intends to improve twelve (12) Lots, roadways, drainage and other improvements to the Common Areas on the parcel of land as described in Schedule A consisting of 29.1093 acres. SECTION 2. Easement. Declarant does hereby establish and create for the benefit of all Property Owners from time to time of Lots subject to this Declaration and its permitted occupants V� of Units improved on said lots and their heirs and assigns and does hereby give, grant and convey to each of the aforementioned, the following easements, licenses, rights and privileges: (a) Right-of-way for ingress and egress by vehicles or on foot, in, through, over, under, upon and across the streets and roads on the properties (as shown on the Subdivision Map) and any changes as they may be built or relocated in the future for all purposes. (b) Right to connect with, maintain and make use of utility lines, wires, pipes, conduits, cable celevison lines, sewers, and drainage lines which may from time to Lime be in or along the streets and roads or other areas of the Property. SECTION 3. Declarant within one year after the filing of the aforesaid map in the Suffolk County Clerk' s Office shall pave with an asphaltic type pavement Depot Lane from the northern portion of Corporate Road as shown on the aforesaid map to Middle Road (C.R. 48) subject to the specifications and approval of the Southold Town Engineer. 2 � SECTION 4 . Buffer Areas. (a) There shall be a buffer area of 100' in width along the southerly portion of Lots 3 and 4 which is adjacent to Middle Road (C.R. 48) . Declarant within one year of filing the aforesaid map will plant a minimum of 85 balled and burlapped evergreen trees with a minimum height of 5' subject to the siting and approval of the Southold Town Planning Board. Declarant guarantees the survival of these newly planted trees and any existing trees in this buffer area for a period of five years from the date of the release of the Letter of Credit. .(b) There shall be a landscape buffer 50' in width along the westerly portions of Lots 1, 2, 10, 11 and 12 which is adjacent to Deoot Lane. (c) There shall be a vegetative buffer 20' in width along the easterly portions of Lots 4, 5, 6, 7 and 8 which is adjacent to land of the Town of Southold. In the aforesaid 20' buffer areas, each respective property owner of Lots 4, 5, 6, 7 and 8, as a condition to obtaining site plan review approval from the Southold Town Planning Board, will have the responsibility of planting in the 20' buffer areas on the property owner's lot, a double row of balled and burlapped evergreen trees which will include pest resistant species Eastern red cedar (Juniperus virginiana) and Norway Spruce (Picea abies cultivars) of a i minimum height of 5' planted 10' on center so that the spacing will provide effective screening from the development of each of the aforesaid lots within the 20' vegetative buffer areas on the property owner's lot. As a condition of site plan review approval the property owner will guarantee the survival of the j aforesaid planting to the Southold Town Planning Board for a period of five years from the date of site plan review approval. In the event any of the trees die within the five year period, the respective property owner agrees to replace same. All of the planting and placement in the 20' vegetative buffer areas is subject to the approval of the Southold Town Planning Board. SECTION 5. Reservation of Easement. Declarant reserves the easements, licenses, rights and privileges of a right-of-way in, through, over, under, upon and across the numbered lots in the Industrial Park, for the purpose of completing all construction and work under Section 1 above and towards this end, reserves the right to grant and reserve easements and right-of-way in, through, over, under and across the lots for the installation, maintenance and inspection of lines and appurtenances for public or private water, sewer, drainage, cable television, gas and other utilities and for any other materials or services necessary 3 - i for the completion and maintenance of the work. Declarant also reserves the right to connect with, maintain and make use of the iabove which from time to time be in or along the streets and roads or other areas of the properties. Declarant further reserves the right co place permanent signs, fencing and walls on lots of his choice, provided such structures do not interfere ; with the reasonable use of the lot and with the approval of the Southold Town Planning Board. This Paragraph may not be amended without the written consent of the Declarant and the Southold Town Planning Board. SECTION 6. Encroachments. In the event that any portion of any roadway, water lines, drainage lines, and utility lines as originally constructed by Declarant encroaches on any Lot, it shall be deemed that the Property Owner of such Lot has granted a perpetual easement to all other Property Owners for the continuing maintenance, replacement and use of such encroachment. i The foregoing conditions shall be perpetual in duration and shall � not be subject to amendment of these covenants and restrictions. SECTION 7. Easement for Emergency Access. Declarant does li hereby establish an easement of ingress and egress over roadways, any parking areas and all Common Areas in the Development for the benefit of all emergency vehicles and personnel. ARTICLE III . CONSTRUCTION REQUIREMENTS FOR UNITS ON LOTS SECTION 1 . Approval of Construction Plans. All plans for the construction of any building and/or structure, or modification thereto, and the facing upon the plot must be presented to and approved in writing by the Declarant, its successors or assigns, prior to the submission of same to the Town of Southold Planning Board as long as the Declarant owns any Unsold Lots or Common Areas. Such approval shall not unreasonably withheld. SECTION 2. Before any building permit shall be issued for an improvement on any lot, the property owner after obtaining approval from the Declarant, if required, must obtain site plan review from the Southold Town Planning Board pursuant to its rules and regulations. SECTION 3. Time for completion. All exterior construction, painting and grading shall be completed within two (2) years after commencement of construction. SECTION 4 . Road Maintenance Deposit. For so long as the Declarant has posted with the Town of Southold security for the 4 continued maintenance of the common areas, upon the issuance of a building permit to Owner or Tenant for the construction of improvements to the lots, owner shall deposit with the Declarant, or his attorney, a sum of money (not to exceed Five Thousand Dollars) to be set by the Declarant, or such other security acceptable to Declarant. The purpose of such deposit is to guarantee to the Declarant that the owner will repair any and all damage to the common areas caused by construction on any of the lots. Said deposit shall be returned upon the completion of all site improvements on the lot and inspection by the Declarant, less the actual cost of the repair to the common areas. ARTICLE IV. USE OF PROPERTY i The use of the lot and any improvement thereon shall be subject co' the following rules, regulations and provisions-of this declaration. (a) The Lot, and any Unit improved thereon, and any area restricted to the owner's use shall, be maintained in good repair i and overall appearance. (b) No unlawful use shall be made of the Properties nor any part thereof, and all valid laws, zoning ordinances, the regulations of all governmental bodies having jurisdiction thereof, shall be observed. I (c) No structures shall be erected in any Buffer Area. No propercy, owner shall move, remove, add or otherwise change the landscaping of the Buffer Area without consent of the Declarant and the Southold Town Planning Board. The Buffer Area shall be used for vegetation only. The Buffer Area may not be used for storage of any nature or for any other purpose. The landscaping in the Buffer Area as shown on each lot shall be maintained by each Owner. ARTICLE V. ACCESS TO PROPERTY. (a) The access for all lots located at the end of a cul-de- sac (Lots 3, 4, 7 and 8, as shown on the map to be filed dated January 20, 1994 and last amended December 8, 2004) shall be designated at such time as the individual lots are developed and in such a manner as to provide additional turning area for tractor trailer trucks, subject to Southold Town Planning Board Site Plan approval of the development on the individual lots. All parking shall be provided on site for each lot. (b) Parking is to be prohibited in all cul-de-sacs. 5 (c) No lot shall have direct access onto Depot Lane or County Road 48 . All access shall be from Corporate Road and Commerce Drive. 'Depot Lane is designated as the rear yard for Lots 1, 2, 3, 10, 11 and 12. Corporate Road is designated as the front yard for Lots 9 and 10. Middle Road (C.R. 48) is designated as the rear yard for Lots 3 and 4. (d) Declarant reserves the fee title to the bed of the roads shown on the "Map of North Fork Industrial Park, at Cutchogue, Town of Southold, ,Suffolk County, and the fee title to the recharge basin shown on the aforesaid map G2 _ Be's IN . Declarant shall have the right to dedicate said roads and recharge basin to the Town of Southold without the consent of the owner of any lot or the holder of any lien thereon or any interest therein. All such owners, lien holders and interest holders shall execute, if requested, any and all instruments necessary to effect such dedication purposes. This reservation of fee title shall terminate upon acceptance of dedication by the Town' of Southold. (e) In the event adjacent parcels are developed prior to the dedication of the, Common Areas to the Town of Southold, "Commerce Drive" shall provide access to the adjacent property owned, now or formerly by Mildred Goodwin; and a tap road- "Corporate Road" shall provide future access to the property - owned by Town of Southold, subject to approval of the Declarant. (.f) No products shall 'be displayed outside any building on any lot. ARTICLE VI. DURATION AND AMENDMENT (a) - (a) These Covenants and Restrictions shall run with the land and shall inure to the benefit of; and be enforceable by the Declarant and/or lot owner. The within Declaration cannot be - annulled, waived, changed or modified unless and until approval by a resolution of a majority plus one of the Planning Board of the Town of Southold. (b) Declarant hereby reserves the right to amend, modify, add to or delete from this declaration at any time without the requirement of obtaining the approval, consent or signature of any owner ' for the purposes of making any technical correction or additions or any changes that do not materially and adversely affect the property owners. Such amendment, modification, addition or deletion of, to or from- this declaration, duly executed, in form for recording, shall be recorded by Declarant 6 against the property and therefore subject to, this declaration. Any such amendment, modification, addition to or deletion from this Declaration shall be subject to the approval of the Southold Town Planning Board as stated in Article X. ARTICLE VII. NOTICES Any notices required to be sent to any Lot Owner in the Industrial Park under the provisions of this Declaration shall be deemed to have been properly sent when mailed, by certified mail ; return receipt requested, to the last known address of the person appearing on record with the Southold Town Assessor's records. ARTICLE VIII . SEVERABILITY Invalidation of any of the covenants,, limitations or provisions of this Declaration by judgment or court order shall 1 in no way affect any of the remaining provisions hereof and the same -shall continue in full force and effect. ARTICLE IX. MAINTENANCE (a) Any snow plowing, maintenance or repairs of Corporate Road and Commerce Drive, including drainage or improvements affixed to roads, shall be the responsibility of the Declarant until such time as these roadways are dedicated to the Town of Southold. (b) The maintenance of the Buffer Area is the responsibility of the Declarant until transfer of the lot, at which time the lot owner shall be responsible for the maintenance of the landscaping within the Buffer Area as it affects the lot owner's property. The Declarant, and upon transfer to the lot owner, shall guarantee the survival of all planted vegetation with the Buffer Area for a period of five years from the release of the bond. i ARTICLE X. SOUTHOLD TOWN ENFORCEMENT OF COVENANTS AND RESTRICTIONS. The Declarant grants the continuing right in perpetuity to the Town of Southold Planning Board to inspect, enforce, and take all appropriate legal action with respect to the continued compliance with said Covenants. These covenants and restrictions can be Modified only at ,the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to 7 , tla • notice of such public hearing, but their consent to such modifications shall not be required. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. TIDE GROUP INC. I ~ B • Henry E Raynor, Jr. , Pres dent I STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: i On the 3rd day of January, in the year 2005, before me, the undersigned, personally appeared HENRY E. RAYNOR, JR. personally }mown to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the, individual or the person upon behalf of which the individual acted, executed the instrument. i Notary Publ ' MAMRUM I o&AY 8 SCHEDULE A i LEGAL DESCRIPTION � ALL'THAT, CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AM BEING AT CUTCHOGUE, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS.- BEGINNING OLLOWS:BEGINNING AT A POINT ON THE NORTHEASTERLY SIDE OF DEPOT LANE (CUTCHOGUE DEPOT ' LILNE) WHERE THE SAME IS INTERSECTED BY THE WESTERLY END OF A CURVE CONNECTING THE NORTHEASTERLY SIDE OF DEPOT LANE WITH THE NORTHWESTERLY SIDE OF MIDDLE ROAD—C.R. 48'; RUNNING THENCE ALONG THE NORTHEASTERLY SIDE OF SAID DEPOT LANE, NORTH 38 DEGREES 53 MINUTES 30 SECONDS WEST 1034.12 FEET TO LAND NOW OR FORMERLY OF MILDRED GOODWIN FORMERLY OF EDWARD J. DRUM; RUNNING THENCE ALONG SAID LAND, NORTH 47 DEGREES 27 MINUTES 40 SECONDS EAST 360.62 FEET AND NORTH 39 DEGREES 16 MINUTES 00 SECONDS WEST 1082.67 FEET TO LA.*1D I NOW OR FORMERLY OF JOHN P. KRUPSXI FORMERLY JA-MES H. DRUM; I RUNNING THENCE ALONG SAID NORTH 45 DEGREES 27 MINUTES 50 SECONDS EAST 361.92 FEET; RU:r`.iING THENCE ALONG SAID LA"M NOW OR FORMERLY OF FM-T.K MC BRIDE, SOUTH 40 DEGREES 47 MINUTES 30 SECONDS EAST 2171.40 FEET TO THE NORTWdgESTERLY SIDE OF MIDDLE ROAD—C.R. 48; RIJtiNLING THENCE SOUTIFABSTERLY•ALONG THE' XORT!rriESTERLY SIDE OF MIDDLE ROAD—C.R. 48, ALONG AN ARC OF A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 5569.58 FEET A DISTANCE OF 718.04 FEET TO THE EASTERLY £','D OF THE CURVE FIRST ABOVE MENTIONED; RUNNING THENCE WESTERLY ALONG SAID CURVE BEARING TO THE RIGHT HAVING A RADIUS OF i 74.25 FEET A DISTANCE OF 220.23 FEET TO THE NORTHWESTERLY SIDE OF DEPOT LANE AT THE POINT OR PLACE OF BEGINNING. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 096.00 BLOCX 01.00 IAT 001.000 I I . —Bargam and Sale Deed,with Covenant against Grantor's Acts—Individual or Coryomtion(Single Shut) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUME', _ S INSTRUMENT SHOU Lo BE USED BY LAWYERS ONLY. LQ THIS INDENTURE,made the 18 day of January,in the year 2019 BETWEEN S3S LLC,maintaining and address of 65 Commerce Drive,Cutchogue,New York Pazh'of the first «gs Piut Trte R� part,and 65 Commerce Drive LLC,maintaining an address of 65!�'er„ ee4k4v,,Cutchogue,New York party of the second part, - WITNESSETH,that the party of the first part,in consideration of paid by the party of the second part,does herebyTen(10)dollars and assigns grant and release unto the party of the second part,the heirs or successors ib d ofULe 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 in the SEE SCHEDULE A ATTACHED 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 the party ofthe second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the 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 consideration 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 fiisfpart has duly executed this deed the day and year first above written. IN PRESEN S3SLLC = 6-t SkAdu FIDELITY NATIONAL TITLE INSUR :,COMPANY TI' ''10.7404-000097 SCHEDULE A-1 (Description of the Land) For Tax Map ID(s): 1000-096.00-01.00-001.003 AMENDED 01/18/2019 ALL that certain plot,piece or parcel of land,situate,lying and being at Cutchogue,in the Town of Southold,County of Suffolk and State of New York,known and designated as Lot 3 as shown on a certain map entitled,"Map of North Fork Industrial Park",filed in the Office of the Clerk of the County of Suffolk on 1/27/05 as Map#11215,bounded and described as follows: BEGINNING at a point on the Northerly side of Middle Road(CR 48)easterly from the extreme easterly end of the arc of curve connecting the easterly side of Depot Lane with the northerly side of Middle Road(CR 48); RUNNING THENCE along an arc of a curve bearing to the right,having a radius of 74.25 feet,a distance along said curve of 120.23 feet to Depot Lane; THENCE along Depot Lane,North 38 degrees 53 minutes 30 seconds West,148.72 feet to the division line of Lots 2 and 3 on the above mentioned Map; THENCE along said division line,North 16 degrees 06 minutes 30 seconds East,513.60 feet to the Southerly side of Commerce Drive; THENCE along the Southerly side of Commerce Drive the following(2)courses and distances: 1.Along an arc of a curve bearing to the right,having a radius of 25 feet,a distance along said curve of 21.03 feet; 2.Along an arc of a curve bearing to the left,having a radius of 50 feet,a distance along said curve of 105.79 feet to the division line of Lots 3 and 4 on the above mentioned map; THENCE along said division line,South 37 degrees 17 minutes 30 seconds East,390.42 feet to the Northerly side of Middle Road(CR 48); THENCE along the northerly side of Middle Road(CR48),along an arc of a curve bearing to the right, having a radius of 5669.58 feet,a distance along said curve of 370.79 feet to the point or place of BEGINNING. THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY: Together with all the right,title and interest of the party of the first part,of in and to the land lying in the street in front of and adjoining said premises. END OF SCHEDULE A Commitment for Title Insurance Schedule A-1 Description Printed:01.18 19 @ 01:33 PM NY-FT-FRVH-01030A31004SPS•1-1&7404000097 ACKNOWLEDGEMENT TAKEN IN NEW yORIE ACKNOWLEDGEMENT TAKEN IN NEW*STATE State ofNew York;County of Suffolk,ss: State of New York,County of ,ss: On the 18 day of January in the year 2019,before me,the undersigned, On the I day of in the year ,before me,the personally appeared undersigned,personally appeared p., personally known to me or proved to me on the basis of ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are) satisfactory evidence to be the individuals)whose name(s)is(are) subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their capacity(ies),and that by helshe/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s),or the his/her/their signature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the person upon behalf of which the individual(s)acted,executed the instrument instrument , ROBERT DEFRESE NOTARY PURUO,STATE OF NEW YORK Registration No.01 DE5035117 OuallOed in Suffolk County My Commission Expires October24,2072 ACKNOWLEDGEMENT BY SUBSCRIBING WITNESS TAKEN ACKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK IN NEW YORK STATE STATE State of New York,County of , ss: *State of ,County of ss: *(Or insert District of Columbia,Territory,Possession or Foreign On the day of in the year ,before me,the County) undersigned,a Notary Public in and for said State,personally appeared ,the subscribing witness to the foregoing instrument,with whom On the' day of in the year ,,before me the I am personally acquainted,who,being by me duly sworn,did depose undersigned personally appeared and say that he/she/they reside(s)in Personally known to me or proved to me on the basis of satisfactory (if the place of residence is in a city,include the street and street number Many,thereof), evidence to be the individual(s)whose name(s)is(are)subscribed to the that he/shelthey know(s) within instrument and acknowledged to me that helshelthey executed the same in his/her/their capacity(ics), that by his/her/their signature(s)on to be the individual described in and'who executed the foregoing the instrument,the individual(s)or the person upon behalf of which the instrument;that said subscribing witness was present and saw said individual(s)acted,executed the instrument,and that such individual execute the same;and that said witness at the same time subscribed make such appearance before the undersigned in the his/her/then name(s)as a witness thereto (add the city or political subdivision and the state or country or other place the acknowledgement was taken). Bargain and Sale Deed With Covenants SECTION:096.00 BLOCK 01.00 Title No. LOT:001.003 S3S LLC COUNTY OR TOWN.SUFFOLK _ TO 65 COMMERCE DRIVE LLC RETURN BY MAIL TO: DISTRIBUTED BY ALAN C.STEIN,ESQ. LAW OFFICE OF ALAN C STEIN P.C. 7600 MUCHO TURNPIKE YOUR TITLE EXPERTS SU1TE308 The Judicial Title Insurance Agency LLC WOODBURY,NEW YORK 11797 800-281-TITLE(8485) FAX:800-FAX-9396 1 2, ,a es A9 RECORDED TORRENS 2005 Jan 20 03,14:44 1`11 Eduard P.Romair* R CLERK OF SUFFOLK COUNTY L D00012367 ificate# P 087 or ctf,# DT# 04-25330 Deed Mortgage Instrument Deed Mortgage Tax Stamp Recording Filing Stump Ck 3 FEES \\\1\K Page/Filing Fee :30 Mortgage Amt. yes I. Basic Tax 011andl 5. 00 2. Additional Tax I TP_ 8 1 5 4 Sub Total Notation SpecJA-.-;it. or EA-'52 17(County) Sub Tj)jaI TT Spec./Add. EA-5217(State) TOT.MTG.TAX t Dual Town-Dual County R.P.T.S.A. Held for Appoint mcn Comm.of Ed. 5. 00 Transfer Tax Affidavit Mansion Tax The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 Sub Total -57) family dwelling only. YES-or No Other - Grind Total t o If NO,see appropriate tax clause on page#-of this instrument t000 Section 6 01.00 001.000 4 Dist ctfooonBlock Lot 5 Community Preservation Fund Real Property Ce sideration Amount N/A Tax Service Agency pry PFax Due S Verification Improved14 D - Vacant Land 6 Satisfactions/Discharge.qRcicases List Property Owners Mailing Address RECORD&RETURN TO: TD TD LARK Ei FOLTS ESQS PO BOX 973 TD CUTCHOGUE NY 11935 7 Title Com an Information Co.Name N/A Title# N/A 8 Suffolk Count v Recording & Endorsement Page This page forms part of the attached Declaration of Covenants and Restrictions made by: (SPECIFY TYPE OF INSTRUMENT) NORTH FORK INDUSTRIAL PARK The premises herein is situated in SUFFOLK COUNTY,NEW YORK. In the Township of Southold In the VILLAGE or HAMLET of Cutchogue BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DKCLARATION OF COVENANTS AND R19STRICTIONS ' NORTH FORK INDUSTRIAL PARR „< Declaration made this 3rd day of January, 2005, by TIDE z GROUP INC. , a New York corporation with offices at 275 Cardinal D_ive, Matti-tuck, New York 1-1952 (herein referred to as v� "Declarant") . WHEREAS, Declarant is the owner of certain real property r> situate at Cutchogue, Town of Southold, County of Suffolk and State of New York (SCTM #1000-096. 00-01 .00-001 .000) , more particularly bounded and described in Schedule A which is attached hereto; and WHEREAS, Declarant has filed an application for approval of a 12 lot subdivision to the Southold Town Planning Board for the property described in Schedule A to be known as "Map of North Fork Industrial Park, at Cutchogue, Town_ of Southold, Suffolk County, N.Y. "; and WHEREAS, for and in consideration of the granting of said subdivision approval on January 10, 2005, the Southold Town Planning Board has deemed it to be in the best interests of the Town of Southold and the prospective owners of this property, that the within covenants and restrictions be imposed on the premises located on the property described in Schedule A and has required that the within Declaration be recorded in the Suffolk County Clerk' s Office. NOW, THEREFORE, the aforesaid property as described in Schedule A shall be subject to the following covenants and restrictions: ARTICLE I. DEFINITIONS The Following words when used in this Declaration or any supplemental declaration shall, unless the. context otherwise prohibits, have the meanings set forth below: (a) "Common Properties" or "Common Areas" shall mean and refer to certain areas of land excluding the industrial lots as shown on the Subdivision Map and including the internal roadways and drainage areas until such time as they are accepted for dedication by the Town of Southold. (b) "Declaration" shall mean and refer to this Declaration of Covenants and Restrictions, as the same may from time to time be amended. 1 - - I s SECTION 9 . Buffer Areas. (a) There shall be a buffer area of 100' in width along the southerly portion of Lots 3 and 4 which is adjacent to Middle Road (C.R. 48) . Declarant within one year of filing the aforesaid map will plant a minimum of 85 balled and burlapped , evergreen trees with a minimum height of 5' subject to the siting and approval of the Southold Town Planning Board. Declarant ' guarantees the survival of these newly planted trees and any existing trees in this buffer area for a period of five years from the date of the release of the Letter of Credit . .(b) There shall be a landscape buffer 50' in width along the- westerly portions of Lots 1, 2, 10, 11 and , 12 which is adjacent to Depot Lane. (c) There shall be a vegetative buffer 20 ' in width along the easterly portions of Lots 4, 5, 6, 7 and 8 which is adjacent to land of the* Town of Southold., In the aforesaid 20 ' buffer areas, each respective property owner of Lots 4, 5, 6, 7 and 8, as a condition to obtaining site plan review approval from the Southold Town Planning Board, will have the 'responsibility of planting in the 20' buffer areas on the property owner's lot, a double row of -balled and burlapped evergreen trees which will include pest resistant species Eastern red cedar (Juniperus virginiana) and Norway Spruce (Picea abies cultivars) of a minimum height of 5' planted 10 ' on center so that the spacing will provide effective screening from the development of each of the aforesaid lots within the 20' vegetative buffer areas on the property owner 's lot. As a condition of site plan review approval the property owner will guarantee the survival of the aforesaid planting to the Southold Town Planning Board for a period of five years from the date of site plan review approval. In the event any of the trees die within the five year 'period, the respective property owner agrees to replace same. All of the planting and placement in the 20' vegetative buffer areas is subject to the approval of the Southold Town Planning Board. SECTION 5. Reservation of Easement. Declarant reserves the easements, licenses, rights and privileges of a right-of-way in, through, over, under, upon and across the numbered lots in the Industrial Park, for the purpose of completing all construction and work under Section 1 above and towards this end, reserves the right to grant and "reserve easements and right-of-way in, through, over, under and across the lots for the installation, maintenance and inspection of lines and appurtenances for public or private water, sewer, drainage, cable television, gas and other utilities and for any other materials or services necessary 3 lt4CLJJ 10 ffiv � Fuentes, Kim From: Russ McCall <RMccall@gfifoods.com> Sent: Monday, February 04, 2019 12:05 PMX77 To: Fuentes, Kim PFEB 4 2019 Cc: Russ McCall Subject: ZBA 2/7 � I am the owner of 30 acres directly south (across CR 48). The wide tree lined setback was agreed to by zoning before construction by owner of storage buildings, as a compromise allowing Kosmynka to develop the unsightly structures. Do not go back on your word now. I am comfortable bringing a law suit against the Town if owner is allowed to violate the setback. This was a deal made years ago, by previous board members. Please do not approve the expansion this eyesore in our town. Russell C McCall 1 BOARD MEMBERS -�,outhold Town Hall Leslie Kanes Weisman,Chairperson ®��®� ®�l�®� 53095 Main Road•P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. O a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��c®U Southold,NY 11971 9 http://southoldtowmy.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 7, 2019 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, FEBRUARY 7, 2019: 11:15 A.M. - S3S LLC, MARTIN KOSMYNKA #7239 — Request for Variances under Article XV, Section 280-64 A & C, and Section 280-50; and the Building Inspector's May 25, 2018, Amended August 10, 2018 and October 16, 2018 Notice of Disapproval based on an application for a permit to construct buildings for a self-storage business; at: 1) two buildings having less than the code required minimum front yard setback of 100 feet from a right of way, located at: 65 Commerce Drive, Cutchogue, NY. SCTM#1000-96-1-1.3. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov. Dated: January 17, 2019 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZGNiNG BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net January 7, 2019 ,Re : Town Code Chapter 55 -Public Notices for Thursday, February 7, 2019 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before January 22"d: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN - RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant-or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by,the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested,to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing,.providing the returned letter to us as soon as possible; AND not later than January 29th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with-the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable",, please advise this office as soon as , possible. If any signature card is not returned,please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later January 30th:" Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before February 5, 2019. 'If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. i40T1G' E COF HEARI"u4o' The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road , Southold : NAME : S3S , LLC ( MARTIN KOSMYNAKA) #7239 SCTM # E. 7 000-96- 1 - 1 . 3 VARIANCE : FRONT YARD SET BACK FROM RIGHT OF WAY REQUEST: CONSTRUCT BUILDINGS FOR A SELF STORAGE BUSINESS DATE : THURS . , FEB . 71 2019 11NEI 5AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK1L3� 5-%6 LLC to$rnyjkc) AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants) SCTM Parcel# f000- COUNTY OF SUFFOLK STATE OF NEW YORK L residing at New York, being duly sworn, deposes and says that. Oa the 9 da of Ja.nu.arc� , 201� I personally mailed at the United States Post.Office in -L , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUES I), a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the( )Assessors,or( ) County Real Property Office for every property which abuts and is across a public or private street, or•vehicular right-of:way of record, surro� appy t' property. (Signature) Swom td before me this - --,,2gday of JA,.tt u 44�j ' , 20/ q LYNDSEY BARKER NOTARY PUBLIC,STATE OF NEW YORK No. 01 BA6156676 - (N P,iz Iic) Qualified in Suffolk County Commission Expires November 27,20 a PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next -to the owner names and addresses for which notices were mailed. Thank you. TM si, ■ • ■ • _ u 0 I. • Ln I / i � Ln Ln . i p Certified Mail Fee $3.45 0 V .� CerUfled Mall Fee _ htii; � ` , $3.4ti1 I. •1 ;G43. 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I �i- L/�v•t.i;>, 1-111-L t2D. - ------------------------------------------ C1ry,State,ZIP+4® - - -- --- -- ------------- crry;'srare;Z/P+4®p;1,A D E L.L• NS 0-761-9 NOX;-rN C1.+.-r N //_7 b$ :11 1 11 lee :I I 1 11 - I ■ Complete items 1,2rand 3.Also complete A. Sig ure Item-4 if-Restricted Delivery is desired. ' 1' �:,:, ,•„.-�,<.v7 - - -- - - --- - - 1:1 Agent Addressee �; 4III'II I f'll'IIIIIII`IIIIIIIIfllllll IIII'I`II�IIIIII ` ceroed by(Printed Name) C D to of D live y D. Is delivery address different from item 1? ElYes1. Article Addressed to: If YES,enter delivery address below: No v SS U-. � C- CA LL s.s 2zrJ& .5 r S w 3`1 A TL-A r✓i A �A 3 03 p3 3. ,S' ice Type S ®Certified MalI0 ❑Priority Mail Express'” *' ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mad ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes i 2. Article Number' (rransfer from service label I� 7016 - 0910 00015566 7507 PS Form 3811,July 2013 Domestic Return Receipt ,t__ SENDER:'COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY I f !__Complete items 1,2,and 3.Also complete A. Sign r I III IIIII�II IIII'I"IIIIIIIIIIIIII ❑Agent 111111-IIIIIIIII: Addressee A' fit 2;-i i,'9 =:< Pw' +H „r, , I B C.9 2aof Delivery 1 or on the front if space permits. -- I 1. Article Addressed to: D livery address different fr m-1? ❑Yes ^YES,enter deli\e1ry,0,11`toss fig ❑No 1 405-0-S V yA L LZ_, f VO �, l CV PCPF�IyVL� /�/t, Bi93 3. , eType a` a Mail® Mail Express" I ❑Re i 09 urn Receipt for Merchandise 1 ❑Insured Mail ❑Collect on Delivery I 4. Restricted Delivery?(Extra Fee) 13Yes 2. Article Number ( 7 016 0 910 0001 5566 7521 r transfer from service label) PS Form 3811,July 2013 Domestic Return Receipt SECTION.SENDER: COMPLETE THIS, • • • DELIVERY Complete items 1,2,and 3.Also complete Signature. } -` .JtP1T+11.iE.R4slrinfcA ilnli..n..._:�.1.,..:..°..�- _ _ _ '•'�' 4 ❑Agent a _ esAei 3r III II I I II 11'11111 I II II II,I,II I I II IIII!I 111111 III B. Received by(Printed Name) C. Data of eli 1illy II VIIL 11 aI./CR.0 1/0/1111 W.�- --- - Jn.,rf ' 5 2��` 1 1. Article Addressed to: D. Is delivery address different from item 1? El Yes If YES,enter delivery address below: ❑No � �'�,L,< c�vn�y t 1 I 330 CC rich p � L�6'4.14 A p I✓1. /��D — 3. Sb ice Type 1 / Lf3 Certified Mail® ❑Priority Mail Express'" 3 3 1 9 ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) F 7 016 0 910 0001 5566 7552 ,'PS Form 381111,IJuly 2013 it i v r i $ i iDomestic Return Receipt — � 1 TOWN OF SOUTHOLD ZONrNG BOARD OF APPEALS i �ZIq SOUTHOLD, NEW YORK 5 LLC-L I - AFFIDAVIT J OF In the Matter of the Application of POSTING (Name of Applicastc) Regarding-Posting of Sign upon Applicant's Land Identified as _ SCTM Parcel 910.00- COUNTY OF SUFFOLK) STATE OF NEW YORK) T - �O�vw J/�i� residing at l y 1141 New York, being duly sworn, depose and say. that: On the day of JAf)Uy:a ,201 , I personally placed the Town's j Official Poster, with the date of hearing and-nature of my application noted thereon, " securely upon my property, Iocated ten(I0) feet or closer from the street or.right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance-,* and that I hereby confirm that the Poster has remained.in place for seven(7) days prior to the .date of the subject hearing date, which hearing date was shown to be (Signature) i Sworn to fore we this Day of , 201 LYNDSEY BARKER NOTARY PUBLIC,STATE OF NEW YORK li No. 01 BA6156676 Qualified in Suffolk County Commission Expires November 27,20 (No y blic) i * near the entrance or driveway entrance of my property, as the area most visible to passerby_ Y . -11S SECTION dAi DELIVERY1 ■ Complete items 1,2,and 3.Also complete A. Sign re IE ■ ',,III I II II,III IIIIII`II II I I II'I I I I II.I!Ilil IIIIIIIII dressee ece ved by( rinted Name) C. Date ofDelivery or on the front It space permits. D. Is delivery address different-from•item 1? ❑Yes 1. Article Addressed to. ' qor If YES,enter delivery-, ches"S bid ❑No 5-3o9s Pa. /pox 1 1-7 9 - 3. vice Type o V 1 H V L-5.1 0 y 1 1 9_7) IC�f CertExpress- 13 Registered ❑Return Receipt for Merchandise ❑ Insured Mall ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label), 7 016 0910 -0001 5566 7538 1 PS Form 3811,July 2013 Domestic Return Receipt o m . ■ Complete items 1,2,and 3.Also complete A. Signature - - ---- - -;__'- ❑Agent ■ : X J L�W� lam^�a f`A•III.I II III II IIIIII IIIIIIII IIIIII IIIIII IIIIIIIII ❑Addressee B. Received by(Panted Name) C. nate of Delivery or on the front 1t space permits. D. Is delivery address different from Item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below, ❑No 2 Lo Tc?N►� 5 - 3. S ice Type p/-A b r G J p7 6 `7 9 I�Certified Mail® 1:1 Prio_`yMail Express'"' j 1:1 Registered 1:1ReturnrReceipt,fr,Merchandise 11 Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number I• 7016 0910 0001: 5566:-•7514 ; (Transfeifrom service.label);, PS Form 3811,July 2013 Domestic Return Receipt SENDER COMPLETE THIS I SECTION • • dN DELIVERY, i ■ Complete items 1,2,and 3.Also complete A. Signature ' r 1:1 Agent I IIID I II I III IIIII I:II��I I II I I I I II IIIIII,IIIIII II B. Received by(Printed Name) C. Date of�Del very; r c,r-un-ine front it space permits. 1 Article Addressed to: D. Is delivery address different from item 1? 11Yes If YES,enter delivery address below: ❑ No i M A V 4,i IV o 9 t-j4 VA,C L N 1,L-L e b- 3. SeS ice Type I l!S Certified Mail® ❑Priority Mail Express'" J E3 Registered ❑Return Receipt for Merchandise I vo/LT�PDt'-F t�Ll 11-763 13Insured Mail 11Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number — (Transfer from service label) 7 016 0 910 0001 5566 7545 PS Form 3811,July'2013 , , (Domestic Return Receipt #0002303640 STATE OF NEW YORK) �rr�� COUNTY OF SUFFOLK) 5 Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES ' a weekly newspaper,published at Mattituck,in the Town of Southold,County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 01/31/2019 Principal Clerk 41610 Sworn to before me this day of 0Z/1 . CHRISTINA VOLINSKI WARY PUBLIC-STATE OF NEW YORK No,01VO6105050 tWallfled in Suffolk county r''Abb iW169 febraary 28,2020 TYPESET- Tue Jan 15 15.56.34 EST 2019 v -- mum side yard setback of 10 feet;2)more The Board of Appeals will hear all persons or LEGAL NOTICE than the code permitted maximum lot cover- their representatives,desiring to be heard at SOUTHOLD TOWN ZONING BOARD age of 20%;located at: 1980 Sigsbee Road, each hearing,and/or desiring to submit writ- OF APPEALS Mattituck,NY.SCTM#1000-144-1-15. ten statements before the conclusion of each THURSDAY,FEBRUARY 7,2019 1:00 P.M.RENEE PONCET AND STE- hearing Each hearing will not start earlier PUBLIC HEARINGS PHEN FITZPATRICK/CGC BAY- than designated above.Files are available for NOTICE IS HEREBY GIVEN,pursuant to BERRY, LLC (CV) #7242 Request for review during regular business hours and Section 267 of the Town Law and Town Code Variances under Article IV,Section 280-18, prior to the day of the hearing.If you have Chapter 280(Zoning),Town of Southold,the and the Building Inspector's August 28,2018, questions,please contact our office at,(631) following public hearings will be held by the Notice of Disapproval based on a determina- 765-1809, or by email, kimf @ SOUTHOLD TOWN ZONING BOARD OF tion for lot recognition,at;1)at less than the southoldtownny.gov APPEALS at the Town Hall,53095 Main code required minimum lot size of 40,000 sq. Dated:January 17,2019 Road, Southold, New York on ft,2)less than the code required minimum lot ZONING BOARD OF APPEALS THURSDAY,FEBRUARY 7,2019. width of 150 feet, located at:702 Wiggins LESLIE KANES WEISMAN, 10:15 A.M.—MGH ENTERPRISES INC/ Lane, (Adj. to Gull Pond Inlet) Greenport, CHAIRPERSON T-MOBILE#7274-Request for a Variance NY.SCTM#1000-35-4-28.36. BY:Kim E.Fuentes under Article XIII,Section 280-56;and based 1:15 P.M -KATIE NICKOLAUS,ALEX- 54375 Main Road(Office Location) on an application for a permit to collocate a ANDRA NICKOLAS CARNICOM AND 53095 Main Road(Mailing/USPS) wireless communications facility on subject JAMIE NICKOLAUS#7241—Request for P.O.Box 1179 property at: 1) less than the code required a Variance under Article III,Section 280-15 Southold,NY 11971-0959 mmimum side yard setback of 25 feet, lo- and the Building Inspector's August 20,2018 2303640 cated,at:40200 NYS Route 25,(Adj.to Gar- Notice of Disapproval based on an applica- deners Bay) Orient, NY. SCTM# tion for a permit to construct an accessory 1000-15-9-8.1 in-ground swimming pool at: 1) located in 10:30 A.M.-THOMAS AND ROBERTA other than the code required rear yard;located MAGG #7236SE —Request for a Special at: 17555 Soundview Avenue,(Adj.to Long Exception under Article III, Section 280- Island Sound)Southold,NY. SCTM#1000- 13B(13).The Applicants are the owners of 51-1-2. subject property requesting authorization to 1:20 P.M. - FIRST UNIVERSALIST create an Accessory Apartment in an existing CHURCH#7123SE—Request for Special accessory structure, at. 7020 Peconic Bay Exception pursuant to Article III, Section Boulevard,(Adj.to Great Peconic Bay)Lau- 280-13 B(1)and Article VIII,Section 280-38 rel,NY.SCTM#1000-126-11-6 B(1),the applicant is requesting permission 10:45 A.M.-HOUND LANE,LLC,FISH- to construct a new house of worship building ERS ISLAND#7237—Request for Variances upon a parcel with an existing single family under Article XI,Section 280-49 and Section dwelling and a parish house, located at:. 280-50;and the Building Inspector's August 51970 Route 25,Southold,NY SCTM No. 10,2018,Amended August 22,2018 Notice 1000-63-6-6.1&1000-63-6-6.2. of Disapproval based on an application for a 1:30 P.M.-VANSTON BEAR,LLC#7243 permit to alter an existing building into a —Request for Variances under Article XXII, restaurant on the first floor and to construct a Section 280-116A; Article XXIII; Section second story addition for two apartmentunits; 280-123A;and the Building Inspector's Sep- at:1)the second story addition shall have less tember 20,2018,Amended October 5,2018 than the code required minimum front yard Notice of Disapproval based on an applica- setback of 100 feet;2)the second story addi- tion for a permit to demolish an existing single tion shall have more than the required mini- family dwelling and build a new single family mum 60 linear feet of frontage on one street; dwelling,construct an accessory garage/bam, 3)landscaping area measuring less than the construct an accessory in-ground swimming required 35%of subject lot,located at:Hound pool,and make alterations to an existing"car- Lane,Fishers Island,NY.SCTM#1000-12-1- riage house"; at: 1) single family dwelling 71. located less than the code required 100 feet 11:00 A.M - JACK AND BARBARA from the top of the bluff;2)the existing non- STAVRIDIS#7238—Request for a Variance conforming accessory carriage house which under Article XXIII,Section 280-124 and the contains a nonconforming use is structurally Building Inspector's July 25,2017 Notice of altered or moved, unless such building is Disapproval based on an application for a changed to a conforming use;located at:5250 permit to legalize "as built" additions and Vanston Road, (Adj. to Cutchogue Harbor) alterations- to an existing single family Cutchogue,NY.SCTM#1000-111-10-14. dwelling;at 1)less than the code required 1:45 P.M.-SOUTHOLD SUNSETS,LLC minimum rear yard setback of 35 feet,located #7103—Request for a Variance under Article at 170 Ruth Road, Mattituck, NY XXIII,Section 280-124 and the Building In- SCTM#1000-106-5-35. spector's July 31,2017 amended October 10, 11:15 A.M.-S3S LLC,MARTIN KOSM- 2017 Notice of Disapproval based on an ap- YNKA#7239—Request for Variances under plication for a permit to demolish an existing Article XV,Section 280-64 A&C,and Sec- dwelling and construct a new single family tion 280-50; and the Building Inspector's dwelling;at: 1)less than the code required May 25,2018,Amended August 10,2018 and minimum front yard setback of 35 feet,lo- October 16, 2018 Notice of Disapproval cated at-4200 Kenneys Road(Adj.to Long based on an application for a permit to con- Island Sound),Southold,NY.SCTM#1000- struct buildings for a self-storage business;at 54-4-3. 1)two buildings having less than the code 2:00 P.M.-8100 HORTONS LANE,LLC required minimum front yard setback of 100 #7214—Request for a Variance from Article feet from a right of way,located at-65 Com- III,Section 280-13 and the Building Inspec- merce Drive,Cutchogue,NY.SCTM#1000- tor's July 5, 2018 Notice of Disapproval 96-1-1.3. based on an application for a building permit 11:30 A.M.-STEVEN CROM#7240—Re- to demolish an existing single family quest for Variances under Article XXIII,Sec- dwelling and construct a new single family tion 280-124 and the Building Inspector's Au- dwelling,at;1)more than the code required gust 17,2018,Amended September 18,2018 maximum allowed two and one-half(2-1/2) Notice of Disapproval based on an applica- stories;located at:8100 Hortons Lane,(Adj tion for a permit to make additions and alter- to Long Island Sound),Southold,NY.SCTM ations to an existing single family dwelling at: No 1000 54-4-31. 1)located less than the code required mini- r - r BOARD MEMBERS L_ . Southold Town Hall Leslie Kanes Weisman,Chairperson �*OF$OUjyO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor Robert Lehnert,Jr. • �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento l,Y`,0� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS E C E ) IJ E TOWN OF SOUTHOLD . T Tel.(631) 765-1809•Fax(631) 765-9064 ®C�� 2018 Southold Town MEMO Planning Board TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: October 2, 2018 SUBJECT: Request for Comments ZBA#7239 S3S, LLC The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. APPLICANT TAX# •ZBA# HEARING CODE DATE OF PREPARER ZONE DATE SECTION STAMPED OF SURVEY DIST SURVEY/SITE PLAN S3S, LLC 1000-96- #7239 February Article XV August 10, Kenneth H. 1-1.3 7, 2019 Section 280- 2018 Beckman, 64A; Art XV, L.S. Section 280- 64C Thank you. Encls. r �l BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��0� $DUTyO 53095 Main Road•P.O.Box 1179 !� Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor Robert Lehnert,Jr. �p� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �l,YCOU Southold,NY 11971 http://southoldtowmy.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 September 28, 2018 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #7239 Owner/Applicant: S3S, LLC Action Requested: Construct buildings for a self-storage business. Within 500 feet of: ( ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Ch irp rson By: Encls. Survey/Site Plan: Kenneth H Beckman L S Surveying and Land Planning dated August 10, 2018 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �►Qf So(/jiyo 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes C, Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoOIiyCQUIY 1► Southold,'-NY 11971 http://southoldtownny.gov - ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 February 27, 2019 Martin Kosmynka 50 Commerce Drive Cutchogue,NY 11935 Re: ZBA File# 7239 S3S,LLC 65 Commerce Drive, Cutchogue SCTM No. 1000-96-1-1.3 Dear Mr. Kosmynka; Transmitted for your records is a copy of the Board's February 21, 2019 Findings, deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any activities, a building permit and/or site plan approval may be necessary, please submit a copy of the enclosed decision to the Building Department so that they may make the necessary determination. If you have any questions,please call the office. Sincerely, Kim E. Fuentes Board Assistant Encl. cc: Building Department Planning Department i Revroom = 012399 oso3-a1 t 0518-01 07-10-01 SEE SEC NO 084 10-0301 N 370 oeP"' MATCH Z�-- a 02-2&02 LL i\ 04-26-02 — 0 06-22-02 q�ytys�.��Opy 0604-03 0606-03 w 2 0126-04 I 17.5 09-29-04 60 IA(c) a ` 02-10-051 s TOUT4OF g'/�a, A _ 07-27-06 I SO WN OF Lr f f y 1/6uIL aAv: 02-17-06 o 04-03106 05 Z24-07 0 f�b7j(6`➢ ..// 01-10-13 w 02-13-15 w I n I/ 02-2575 I { =I lip- 3.2A ip- 32.2 U rn (V '< 10 1.10 1 3_ 1 510 QO 1.6 �F (q KgrE OIO O� 1.tARCF W p/ atvN) 140,K V m OR 40,K 17 1.8 3 1.4 om 19 MA f0 �• nq 7 7 1 OA 12 3 VL s tt 13 `yam` ` \• 37A QO 5 l m - 22.3A (COUNTYOFSUFFOLK m OEVELOFMENTRIGHM OFA I pr FOR PCL NO. 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BOARD MEMBERS ��OF SU!/jyo Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road •P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �y'rouSouthold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS February 4, 2020 TOWN OF SOUTHOLD Martin Kosmynka Tel.(631)765-1809•Fax(631)765-9064 S3 S LLC 65 Commerce Drive Cutchogue,NY 11935 Re: De Minimus Request Denied,File# 7239 S3 S LLC,Martin Kosmynka, 65 Commerce Drive, Cutchogue SCTM No. 1000-96-1-1.3 Dear Mr. Kosmynka; We are in receipt of your correspondence received January 29, 2020 requesting a de minimus approval to construct buildings for a self-storage business on the above referenced premises. In your letter,you indicated that during the site plan review process,the plans and layouts of your prior design have changed; and furthermore,you were told that you will need de minimus approval from the Zoning Board. I have reviewed your letter and the Zoning Board of Appeals determination No. 7239, dated February 21, 2019. The Zoning Board granted relief for two of the three storage buildings having setbacks of 25 feet and 27.1 feet; respectively, from a town right of way, instead of the minimum required 100 feet setback. The variance relief was subject to approval by the Planning Board which is further described in your variance decision. The prior site plan proposed three single story storage buildings having a total floor area of 46,425 sq. ft. Your new design proposes two 2-story storage buildings with a lot coverage measuring 45,875 sq. ft.,but a total floor area of 91,750 sq. ft. for the first and second floors. Based upon the information provided, I have determined that the amended site plan design is not de minimus in nature because the proposed two story building would increase the degree of non-conformity. Therefore, variance relief will be required for the two story storage building located less than the code required minimum front yard setback of 100 feet from a right of way. If you wish to proceed,you will be required to return to the Building Department to accurately detail the proposed setback in order to obtain a new Notice of Disapproval, and then apply to the ZBA with a current survey or site plan prepared and stamped by a design professional for additional variance relief. Please contact our office for any additional questions or concerns. Leslie Kanes Weisman L Chairperson/Department Head CC: Michael Verity, Building Department ' a r Cell (p3l,39f.. RECEIVED JAN 2 9 2020 Dear Leslie Kanes Weisman and members of the Zoning Board, Zoning Board Of Appeals Regarding my project at 65 Commerce Drive in Cutchogue. During the site plan review . .cess,t e - ---- - .� plans of the buildings and layouts have changed. All of the departments have signed off on this application, and we were told it is up to the Zoning Board of Appeals to grant us a De-Minimus decision on the plan. The setbacks on the revised plans have not changed,so it is our feeling that since we are keeping to the approved setbacks from our variance#7239, it is our opinion that this change will have no impact on the proposed project. Sincerely, Martin Kosmynka