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Home My WebLink About7543 i I File #: 7543 au s ane Address: 420 Paul St Code: 17PA iAgent Infof Board � Town oSouthold Planning 54375 Main Road Southold, NY 11971 Phone: 631-765-1938 Fax: Email: vylzx-5 I 3 - I �2� Petals. L� pc ten k� q + N3 �h*.*rP & Aor P6M: q2,e PSIS ��. S&AeAv1, Zg® 3tC, Afk -C 2- b 1"2,7 C41.WHEN A PARCEL IS DIVIDED BY THE BOUNDARY OF TWO ZONING DISTRICTS -i 14-ACH PORTION OF PARCEL MUST COMPLY WITH THE BULK SCHEDULE FOR-THE ZONING DISTRICT IN WHICH IT IS LOCATED UNLESS 50%OF THE PROPERTY IS , LOCATED IN A LESS RESTRICTIVE ZONING DISTRICT THEN THE PROVISIONS OF 280- -7(D)WOULD APPLY AND, j 2.WHERE A SECOND BUILDING IS PROPOSED IN THE LB ZONING DISTRICT IT WOULD CONSTITUTE A SECOND USE UNLESS THE BUILDING WAS CLEARLY ACCESSORY AND INCIDENTAL TO THE ALREADY EXISTING USE/STRUCTURREE,,,ON THE PROPERTY P14 4q2-1 24 1 cC�6VL 5,�elf��cc e n BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson so yo 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,YC00I4� Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS d- G t 13 AM TOWN OF SOUTHOLD OCT 1 320211 �� Tel.(631)765-1809•Fax(631)765-9064e4:�� 0. f�[2t�LY,C'� S thold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 7,2021 ZBA FILE No.: 7543 NAME OF APPLICANT: Town of Southold Planning Board PROPERTY LOCATION:N/A 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. 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: N/A BASIS OF APPLICATION: This is a request under Section 280-146D for an Interpretation of the Town Code. The Southold Town Planning Board in a memorandum dated June 24,2021 has requested that the Southold Town Zoning Board of Appeals make a determination relating to Article II, § 280-7 District boundaries,280 Attachment 2 Density and Minimum Lot Size Schedule for Nonresidential Districts and 280 Attachment 4 Bulk Schedule for Business, Office and Industrial Districts of the Southold Town Zoning Code. Specifically,the Planning Board has asked the ZBA to determine; 1)whether or not a property that is within two or more zoning districts is subject to the bulk schedule for minimum lot size for each zoning district and each proposed use; and 2)whether or not a second building proposed in the LB Zoning District constitutes a second use. RELIEF REQUESTED: Interpretation of provisions of Chapter 280 pursuant to 280-14D of the Town Code, ADDITIONAUBACKGROUND INFORMATION: The Planning Board's request for an interpretation arises from an application the Planning Board received for a parcel located at 420 Paul Lane and identified on the Suffolk County Tax Map as parcel# 1000-74-4-5. The attorney for the owner of the property, 420 Paul's Lane,LLC submitted a letter to ZBA dated September 7, 2021 with regard to the Planning Board request for an interpretation. The aforementioned letter is a part of the record and is addressed below. However,the matter before the ZBA is strictly a code interpretation and does not address the merits of any application pending before this board or any other board. Any reference to a particular property is for reference purposes only. i Page 2, October 7, 2021 #7543, Town of Southold Planning Board FINDINGS OF FACT/REASONS FOR BOARD ACTION: Jurisdiction of the ZBA The Planning Board has requested that the ZBA make a determination as to 1)whether or not a property that is within two or more zoning districts is subject to the bulk schedule for minimum lot size for each zoning district and each proposed use, and 2)whether or not a second building proposed in the LB Zoning District constitutes a second use. Such a determination requires the ZBA to interpret the provisions of section 280-7"District boundaries,"280 Attachment 2 "Density and Minimum Lot Size Schedule for Nonresidential Districts,"and"280 Attachment 4 Bulk Schedule for Business, Office and Industrial Districts." Section 267-a (4) of the N.Y. Town Law provides that "unless otherwise provided by local law or ordinance, the jurisdiction of the board of appeals shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order,requirement, decision, interpretation, or determination made by the administrative official charged with the enforcement of any ordinance or local law adopted pursuant to this article. Such appeal may be taken by any person aggrieved,or by an officer, department,board or bureau of the town."(Emphasis added). Section 280-146 of the Town Code sets forth the duties and powers of the ZBA. It states that: In addition to such powers as may be conferred upon it by law,the Board of Appeals shall have the following powers: ... D. Interpretations: on appeal from an order, decision or determination_of an administrative officer or on request of any Town officer,board or agency,to decide any of the following: UDetermine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. glDetermine the exact location of any district boundary shown on the Zoning Map. The Town Board, by enacting Section 280-146 D expanded the powers of the Town of Southold Zoning Board of Appeals, as authorized by N.Y. Town Law § 267-a(4), to specifically empower the ZBA to hear and render a determination on the meaning of any provision of Chapter 280 upon the request of any Town Officer, board or agency. Here, a board, specifically the Planning Board, has requested that the ZBA determine the meaning of certain provisions of Chapter 280, specifically, section 280-7, 280 Attachment 2 and 280 Attachment 4. The ZBA, as set forth above,is clearly empowered to make such a determination pursuant to section 280-146(D). As set forth above, the attorney for the property owner whose application gave rise to the planning board's request submitted correspondence to the ZBA with regard to this determination. The applicant's attorney in his correspondence states that the ZBA is limited to hearing and deciding appeals from and reviewing any order, requirement,decision, interpretation or determination made by the administrative official charged with enforcement of a zoning ordinance or local law. The attorney, in his letter, cites only to a secondary source,not to any particular provision of law, and clearly fails to consider the provisions of N.Y. Town Law § 267-a (4) which authorizes the expansion of a ZBA's power by local law or ordinance. For the reasons set forth above,the Board,therefore, finds the attorney's arguments unpersuasive. Y Page 2, October 7, 2021 #7543, Town of Southold Planning Board Split-Zoned Parcels As set forth above,the Planning Board has asked the Board to determine whether or not a property that is within two or more zoning districts is subject to the bulk schedule for minimum lot size for each zoning district and each proposed use. A review of each of the zoning districts in the Town Code shows with regard to bulk area requirements,that the Code refers the reader to the Bulk Schedule located at the end of Chapter 280 and incorporates the Bulk Schedule into the chapter"with the same force and effect as if such regulations were set forth herein full." The only guidance provided in the Code as to what bulk schedule applies when a parcel is divided by the boundary of two zoning districts is found in Section 280-7 (D),which addresses the situation when a zoning district boundary divides a lot, and where more than 50%of a lot lies in a less restrictive zoning district and the remainder of the lot is in a more restrictive zoning district. Section 280-7(D) goes on to provide criteria for determining which is a more restrictive district. Specifically,280-7 (D)states: In all cases where a district boundary divides a lot in one ownership and more than 50%of the area of such lot lies in the less restricted district,the regulations prescribed by this chapter for the less restricted district shall apply to such portion of the more restricted portion of said lot which lies within 30 feet of such district boundary.For the purposes of this subsection,the "more restricted district" shall be deemed that district subject to regulations which: (1) Prohibit the use intended to be made of said lot; or (2) Require higher standards with respect to coverage,yards, screening, landscaping and similar requirements. Section 280 -7 (D) does not address how to apply the bulk schedule when more than 50% of the lot is in a more restrictive zoning district and the remainder of the lot is in a less restrictive lot district. A review of the Town Code shows that no other provision of the Town Code addresses this situation either. Without any further guidance on how to deal with a situation where a majority of a parcel is located in a more restrictive zoning district,one must fall back to the default provision contained in each zoning district, which state, "that no building or premises shall be used and no building or part thereof shall be erected or altered .... unless the same conforms to the Bulk Schedule In other words,the Board finds that when a parcel is divided by the boundary of two zoning district, each portion of the parcel must comply with the bulk schedule for the zoning district in which it is located;unless 50%of the property is located in a less restrictive zoning district,then the provisions of 280-7(D)would apply. Multiple Buildings in LB Zoning District The Planning Board also requested that the Board determine whether a second building proposed in the LB Zoning District constitutes a second use. Section 280-41(A) of the Town Code sets forth the permitted uses in the Limited Business (LB) Zoning Page 2, October 7, 2021 #7543, Town of Southold Planning Board District,which consist of: (1) Any permitted use as set forth in and regulated by § 280-13A of the Agricultural- Conservation District, except wineries, which shall be as set forth in Subsection(9) below. (2) Retail businesses complementary to the rural and historic character of the surrounding area, limited to the following: (a) Custom workshops and machine shops; (b) Wholesale or retail sale and accessory storage and display of garden materials and plants, including nursery operations,provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three feet of the property line. (c) Libraries or museums. (3) Professional and business offices. (4) Funeral homes. (5) Restaurants, except drive-in restaurants or formula restaurants. (6) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops,plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. (7) Hotels. (8) Retail uses supplemental to the service business establishment. (9) Wineries which meet the following standards: (a) Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. (b) Wineries shall obtain site plan approval. (c) Wineries shall have retail sales on site. (10) Bed-and-breakfast uses asset forth in and as regulated by § 280-13B(14). (11) Private warehousing. (12) Indoor dog and cat care facilities. Section 280-42 of the Town Code provides"that except as otherwise provided herein,no buildings or premise shall be used and no building or part thereof shall be erected or altered in the LB District unless the same conforms to Page 2, October 7, 2021 #7543, Town of Southold Planning Board the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference,with the same force and effect as if such regulations were set forth herein in full." At first glance,the question posed by the Planning Board appears to be rather straight forward and simple to answer. It would stand to reason that if a parcel was already developed with a structure containing a specific use, that the addition of another structure would require that the property would have to meet the bulk schedule for 2 uses unless the second structure was clearly an accessory structure to the already established principal use/structure. Even if the second structure contained the same use as the original structure with the same owner, it would stand to reason that it should be considered a second use, because once a CO was issued for the second structure, it could later be rented to a different owner resulting in two distinct uses on the property. This reasoning would work well with most of the allowed uses in the LB Zoning district,however,with certain uses, that reasoning may not be so clear. For example, in the case of the "private warehousing" use, one business can have, and often does, several buildings, often of the same size, but only constitutes one use, and to hold otherwise and require the Bulk Schedule be met for each building, would be unreasonable. However,even in the case of a"private warehouse"use the Board is of the opinion that there are features that allow one to determine if the several buildings constitute one use such as there only being one office,as opposed to several buildings that could stand on their own as separate individual uses. Therefore,the Board fmds that where a second building is proposed in the LB Zoning District it would constitute a second use unless the building was clearly accessory and incidental to the already existing use/structure on the property and could not-at later date stand-on its-own as a separate use. RESOLUTION OF THE BOARD: In considering all of the above factors motion was offered by Member Weisman (Chairperson),seconded by Member Lehnert,and duly carried,that the Town of Southold Zoning Board of Appeals, in response to a request for an interpretation of the provisions of Chapter 280 has determined the following: 1. when a parcel is divided by the boundary of two zoning district,each portion of parcel must comply with the Bulk Schedule for the zoning district in which it is located; unless 50% of the property is located in a less restrictive zoning district,then the provisions of 280-7(D)would apply, and; 2. where a second building is proposed in the LB Zoning District it would constitute a second use unless the building was clearly accessory and incidental to the already existing use/structure on the property and could not at later date stand on its own as separate use. Vote of the Board: Ayes: Members Weisman (Chairperson), Planamento Acampora and Lehnert (Member Dantes Recused). This Resolution was duly adopted (4-0). cTi4- Leslie Kanes Weisman, Chairperson Approved for filing fQ / /2021 EERKOSKI+ARM ERoi"Ee 6 wie°c DPC R 16 L vAVENr°EUIT TE D WESAR NORTH ROAD YORK y4 ORK I978 MIDDLE ROAD (C R• .,48 �Y f PMDNE•1 sa 767 607 / EMAIL CRAIG(_1cA DT olor4Y 11r, i 2 oo+w wn WORK NOTES• 103 6' 59'1 '20" E .,,. ' —� ' fst st EXISTING SITE PLAN AREA cres �'] 115,761 sq It 2658 acres z l A 59'1920"W PAUL'S LANE LLC PECONIC,NEW YORK c "= II SCALE 130'-0" 8 y - SrTEPLAN SCTM#1000-75-04-05 S BASED ON AOLAND ISURVEY I� PREPARED BY NATHAN T CDRWIN z AREA=115,761 sq ft LICENSED LAND SURVEYOR 2 658 acres LAST DATED NOVEMBER 24,2016 SCALE 1"=30'-0" PROJECT TITLES LOCATION � PROPOSED SITE PLAN 3500 SO CO E.EN DE d PAUL'S LANE LLC STOREII D PECONIC,NEW YORK 9NSINESS'B'ZONING I— m N 64'00'00" E ( vs�u• r SCTM#1000-75-04-05 LIMITED BCSINESS LB ZOryING — 19$$0' w w .Au I N Rpr—EA @Y ED SHEET NAME \� ? SITE PLAN UL Q 2021 ENGINEER —i ENGINEER'S SEAL J \ - Zoning Board of AppeaiS 7 OWNERSHIP AND USE OF DOCUMENTS vThese drawings and speaficahons Including the I r Ideas,de gn and arrangements represented [/ y therein,are the property of Deerkoski+Arm 14 Design 8 Engineering,OPC o No part thereof shall be copied,disclosed to others or used In connection with any work or / o project other than for which they have been 8400 SO FT "'000 'z prepared without written consent (' e� STORAGE WORKSHOP M L-, DEERKDBKI•ARM DESIGN d ENGINEERING DPC PROJECT NO SCALE. 2016-11 i"=30'-0" I DRAWN BY- CHECKED BY 15x45 o CMA JJD LOADING ' --_� 9 �f Issue Date Descnphon 1 01-22.2020 PROPOSED SIT LxISfi.•srxw o NEw•r �� G I- - - ELS NY 1 ar9RT rPw4E°UNIIH° d FT — STORAGEIWORKSHOP a - 6 rWr Exiswc•SPxuT BSNEw•r G' ' I 5 6139'00" W + olJow nn� 9900' f 1II _ J SHEET INDEX e], S��®®� Ii [DNC rsr D fiui ADjfLTA) IVPV�4 B NUMBER �DD OF�V/J I 4 '9 DE:RKOSKl+AoRM I`�I a.o.e.mow. „ oRo I I I I n a It 11 I IEcI A'I� — ENGINEERING U-SJ CE`_AKO VP 16116ZVtYp4EWE 5'JREC L1:SiNAW1C46FIL4 hY 11579 R^etd=°-Yr<9o�9irwmm 811/11155 O ERSRI-USEOEWOIIm Th.drewm,S and--bmfAng Me tlxas desq, 9ndwwjemen6 reyn'xd'hxreR are 0x pmperyor Deelkasp•pJm pesgnd Englrxenng DPC a9ozn!h«eorshaobempled ds5osedm«here«6exdm wnne:honwAh apyw«P prproleC oLxrpan hrvmdl� haveheenp%paxdpdhmwten Woie'IL Dawn3s d speafimrons,zs mshu:IrenN pf pmlesslowl semce,`and shAm-a diepmperygt,e, _, I_L — �;xall f M, ------------------------- � RUJEOi _ PROPOSED BUILDING PAUL'S LANE LLC �- PECONIC,NEW YORK SCTM#1000-75-04-05 ililE �w 17 s4rG 011E m ul zFOR� JECY xo-2019-56 oMYM fiY CUA xEGKEO BY JJU 6GLLE � num_tk OF SJ OEERKOSKI pe occvwo_Ki..wu.........eweinccv".ooe I ~`fl EDDINEEN��D .._ww:a�a..o. ,. PO ENOINEEN KCORD II 7�n A I ' ENGINEERING 1dP.BJ NEWSKIPE _ 19 LIBRARY AVEWE SLUE MSMUPi04 SEALa NY 1,,78 pre4x1a•J�YYOomn Sll]] is '—e—. SE OP OOCU ENTS TMse Cmn,SsaM spedSaaars nc'uLg ma leas Ees gn andarm^gamcYsmpmsedad mems tie Mpetya' D�knk.Nm De9gn6Ergneelmg,DPC Na pad lf,—f s'DE Fr.mPIA d slosh 0 oles os used n m-ol.tAary,mkapmedo.h.farrhdN.q have Seen przpam7 w3'oa wBen mm erg Dmxllgs6spekralvls as msbuDrcn9 afpmlessorel serum,are and shall mmam the Piopedyof the engnees F Fwes 4 4 m I! � I t PROPOSED BUILDING PAUL'S LANE LLC and PECONIC,NEW YORK SCTM#1000-75-04-05 Vnnu IDLE ISSUED ION W,E Onit OIEC,NO 3019-56 clmD er CW. Ja0 e0'O ALE 1/fl'.1—0- nEkl FNaaFH FDES J DEENNOSNI PE ©Peewcno[i,,-wv PLa�ov..o evoiveewivu Prc 1 I — MR DEa RK09 Klima AoM t IENSNEER OF RECORD KENGINv ERINGJ,M1 I I V--SMC MST—PTaNSEANNY-19x3 Pme:a•rast.gnema,m 63.7x47315 f O—ERSNIP 6 USE OF DOCUMENTS oma_ _ _.____+E�___y I � __ __r TFese drzvmmsaMssecfirahov mdW:ig pie fleas d=Rgn D.-Ekosk�Arm aid almngEmz7ls rep'esen'zd marem are Pz of e a i NopagfEmO4s 4b—pEd dsdw l d " Mm a - pa mbmwthanyweAcrpmegoterNanfadd N.ry c lure been peparedwa!'w:lwr'm consen• Orawmga 8 spacAa:w�s,as mstrurmENs olproksrxul f. i sereee,area6d sM remam Cie Mpedy 0,DS up—, R,c No+es Toc zsn zsa zs o zsa uon L _- PROPOSED BUILDING PAUL'S LANE LLC PECONIC,NEW YORK SCTM#1000-75-04-05 ----- OR—IG TITEE T § E PROJECT NO i 2019-56 xaa ' :oa cra NEcnEDer JVD E EY NI,IAGE0. AMES 1 OEER,c05,[I PE Q Peewavw.,..wv.vee�vw..n e„e,,,eew,wv vvc d _fl OFFICE LOCATION: �--` =}MAILING ADDRESS: L Town Hall Annex ®f S P.O.Box 1179 54375 State Route 25 ®�`!� ®� Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Y ® P Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED MEMORANDUM I '� ,� �1� ;Zoning Board of Appeals To: Leslie Kanes Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Planning Board Chairman Members of the Planning Board �( Date: June 24, 2021 Re: Request for a Code Interpretation Related to Split-Zoned Parcels Town Building Department Notice of Disapproval dated June 7, 2021 420 Pauls Lane LLC. SCTM#1000-74-4-5 The Planning Board has received a copy of the Notice of Disapproval referenced above and is requesting a code interpretation from the Zoning Board of Appeals. The Notice states the application requires site plan approval. The Planning Board is requesting a code interpretation as to whether or not an area variance is also required. This relates to parcels that are split-zoned and the applicability of the bulk schedule to those split- zoned areas within a specific parcel. It also relates to the second building proposed in the LB zone and whether or not that constitutes a second use. Split-zone Issue In the case of the parcel referenced above (subject parcel), there are two zoning districts located within its boundaries as follows (see attached zoning map): Southold Town Planning Board -� Page 12 1 June 24, 2021 • General Business (B): 16,117 sq. ft • Limited Business (LB): 99,753 sq. ft. o See attached map. RECEIVED, The minimum lot size for the zoning districts is as follows: JUL 0 8 2021 • B: 30,000 sq. ft. Zoning Board of Appeals • LB: 80,000 sq. ft. The applicant has one use already existing on the property (workshop) in the LB-zoned area, and is proposing to expand it. In addition, the applicant is proposing to add a f second use to the B-zoned portion of the property (convenience store). See attached building permit application materials and Notice of Disapproval. The interpretation we seek is whether a split-zoned property in a situation such as this should be treated like a pre-existing non-conforming lot or be subject to the bulk schedule when it comes to the number of uses permitted. . t , Does having a small area of a second zoning district that doesn't meet the minimum lot size convey the right to have a second use on the property? Consider that if the property were entirely zoned LB, there would only be one use allowed. Minimum lot sizes generally reflect both the purpose of the zoning district, as well as the area requirements of the permitted uses. Many of the uses in the B zoning district cannot be accommodated in only 16,177 sq. ft. The proposal for a convenience store on this property is an example of this. The parking required does not fit into the B zoned area and is shown on the LB zoned portion of the property. Also, if the subject property was to be subdivided along the zoning line, it would require an area variance to have a B-zoned area less than 30,000 sq. ft. Should an area variance be required to have a second use in the B-zoned area that is only 16,177 T sq.ft.? Second Use Issue h`- A further complication that is related is about the second building proposed ibri n e LB area. Does that constitute another use in the LB zone? They are each labeled the same use of workshop/storage. Thank you for your consideration, and please feel free to call the Planning office with any questions. See below for a list of attachments. ; r' r � 1 Southold Town Planning Board Page 13 June 24, 2021 Attachments: �-- RECEIVED Notice of Disapproval JUL 2021 Zoning Map of Subject Property Zoning History for SCTM #74-4-5 ®ging I�( of�pp 'als Site Plan with Proposed New Buildings* _ cc: Michael J. Verity, Chief Building Inspector *The entire building permit application can be found online via the Town's website home page. Scroll down to the button labeled Town Records, Click on the Planning folder, then Applications/ Site Plan/ Site Plan Use Determination/ 74-4-5 Alichael A. Kimack - Attorney at Law P.U. Box 104" Southold. New York, 11971 --- Tel. 516-658-0807 1,-mail: mkimack2i approval by the Southold Planning Board ). The two grounds which firm the specific basis of my appeal to the Board for relief are: 1. " The proposed construction on this conforming 115,761 scl. Ft. lot in the B/LB District, is notpermitted-pursuant to the Bulk Schedule, which requires a front yard setback of 100 feet. The proposed convenience store has a front yard setback of'75 feet and the proposed workshop/storage building has a frontward setback of 75 feet 2. In addition, the proposed workshop / Ntoraize building is not permitted pursuant to 280-43 ( c ), which states: " A project shall be divided into sg)arate structures so that no sinIlle structure shall have more than 60 linear feet of frontage on one street" Lastly„ pursuant to Article XXIII, Section 280-127, the proposed uses require site plan approval from the Southold Planning Board" ( Emphasis in Originial" Of particular significance, regarding the pending application before the ZBA is the fact that the Building Department applied its own original interpretation and determination of the application of the Bulk Schedule to the subject property and determined that there were only two (2) specific parts of the proposal that was not permitted under the Bulk Schedule , which requires specific variances for relief from the Zoning Board. All of this was done with full knowledge of the Building Department that the subject property is a split zone, single lot. However, the Notice of Disapproval only designated the aforementioned two grounds in its Disapproval. Nevertheless, the Southold Planning Board has requested a second interpretation of the split zone single lot property issue as a " general" interpretation that is intended to include my application The power of the Board are specifically set in the statutes. All zoning boards are directly given appellate jurisdiction by State law. Under rVew York City Lai%, Town and Village Law states " The Board is limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation or determination made by the administrative official charged with enforcement of any ( zoning ordinance or local law)" the Board may reverse or affirm, wholly or partly, or may modif} the order, requirement, decision, interpretation or determination appealed from... ( see Division of Local Government Services , Zoning Board of Appeals, reprint date 2015, Powers and duties of the board, pages 3-5. In applying the code to the application at hand, The Building Dept, as administrator, upon reviewing the building application, has rendered their original interpretation as the Bulk Schedule applies to 420 Paul's. Lane LLC and determined parts of the project permitted under the Bulk Schedule and not subject to an appeal for a variance, which the Planning Board now wishes the Building Department to revisit through a Zoning; Board "general" interpretation. The Board is limited to making their interpretation to those parts of the Bulk Schedule presented for variances. The language of the code is clear that the powers of the Board to 1 interpret, affirm, modify or reverse is limited to what is presented for variances. 'LBA cannot make an interpretation without the administrative official first making their original interpretation and determination. Mirron v Getnick, 107 A.D. 2"d 1017, 486 N.V.S. 21" 528 ( 411' Dept. 198.5). In summary, the Zoning Board has received an application from 420 Paul's lane LLC which requests specific variances based upon the interpretation and determination of the application of the Bulk Schedule as it applies to a split zone, single lot property. The Board's power does not extend to reinterpreting any portion of the Bulk Schedule relative to this project not before it. It can,only rule upon the two (2) specific areas noticed by the Building department and nothing beyond that. BBJ Associates, LLC v. Zoning Board of Appeals of the Town of Kent, 65 AD 3rd 154 ( 2°v dept., 2009 ). (review of"LBA should be limited to "narrow issue" before it."). The Planning Board's request for a "general interpretation from the 'Zoning Board cannot be applicable to my client's application now before the Board. There is no express or implied power given to the Board that would modify, affirm, or reverse an original interpretation of the Building; Dept. that was not presented to the Board in the Notice of Disapproval. Sincerely, 01 Michael A. Kimack, Esq. cc William Duffy, Town Attorney EC ED FORiMI NO. 3 i -_ TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL ` � - DATE: June 7, 021 JUL 0 2021 TO: Mhoning Board of Appealsichael Kimack(420 Pauls Lane LLC) PO Box 1047 Southold,NY 11935 Please take notice that your application dated March 31,2021: For permit to: construct a convenience store. a new woodNyorkint7 workshop!storwye building and to legalize the"as built"conversion of an existing storage building Lo a« (--1cb orkinQ �vorkshon at: Location of property: 420 Pauls Lane. Peconic.NY County Tax Map No. 1000- Section 74 Block 4 Lot 5 Is returned herewith and disapproved on the following grounds: 1`he aroposg( construction,on th"ss eonlormimg 115.761 sq. ft. lot in the B/I_,B District.is riot permitted pursuant to the Bull: Schedule, which requires a front yard setback of 100 feet l"he proposed convenience store has a front v_artl_setback of 75 feet anti the prop used workshop/storage building*has a front yard setback of 75 feet. In addition. theIrl cil?q tl 4votksho�fst�c?r as:e builaiai:;wi's not permitted lmrsuantto 480•-43(C), which states: "A. roiect shall be divided into separate structures so that no single structure shall have more than 60 linear feet of fronta¢e on one street."The proposed building has 130 linear feet of frontage on a street. Uistivapursuant to Articlw XXII1,_Section 280-147, the proposed uses require site_hlal-1-apprr)val from-the Southold Town Planning., Board You may now apply to these agencies directly. r Authorized Signature - Note to Applicant:Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A.,Planning FO�M NO. 3 TOWN OF SOUTHOM BUILDINCT DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: June 7. 2021 TO: Michael Kimack (420 Pauls Lane 11C) PO Box 1047 Southold, NY ! !9'2-l' Please take notice that your application dated March 31, 2021: For permit to. construct a convenience store. a irew woodworkiny workshop/storage building and to legalize the "as built"cunversion_of an existing storgg building to a woodworking worksh�� at: - Location of property: 4_L Pauls Lare,_Peconir_�N1' County Tax ,ti'tap ,No, 1000 - Sectioli 74 Black 4 Lot 5 Is returned he••ewith and disapproved on the following grounds The proposed construction_on this conf rolling 15,61 sg, ft, lot in the BiLF3 District is nut P—e nnitted pursuant to th(_Bulk Schedule, which res a Front yard.setback of 100 feet. The proposed convenience store has a frontay rd sc_:back of 75 feet and the �I•oposed workshop/stola e bui(din�l has a frortard setback o ' (5 eet. In addition, theProposed workshop/stoi age bu,ilclin_g.is not permitted pursuant to 280-43(Cl which states:"A project shall be divided into scq>arate StI'UCtlll'eS SO that no S1Illto StCUCtUI-e shall feetmore than 60 lineal feet of'trontage un one street.'' The proposed buildin 7 has 130 linear feet of Frcr.ta.",'�9 OIl a air eV't, _a=_tl ursuant—to-Ai ticle ; X111 Section 280- _'7. the proposed uses require site plan approval rrom the Southold Town Planning Bcard . You may now app.l to these agencies directly ( J .Authorized Si�ru tui :vote to Applicant: Any change or deviation to the above referenced application may require further review by the Southold '.Gown BuiPding Department. CC: file, Z,B,A., Planning Zoning for 74-4-5 R-80 R-40 �. Q-°tea '� ..:::.. ...::.:: �: �• R-40 LI Subied-Parce1 :74-4.5 R-80 ® r AC �- Q_ N C QD UD Fuehitgs, Kim From: mkimack2@verizon.net Sent: Friday, August 13 2021 1:00 AM o�, To: Fuentes, Kim �� ; Cc: 'James Deerkoski' ` Subject: 420 Pauls Lane LLC Attachments: Scan2.TIF; Scan20001.TIF; Scan20002.TIF; Scan20003.TIF; Scan20004,TlF; Scan200053IF; Scan20006.TIF Kim: I am attaching for your review the "Letter of Intent to Develop Parcel"that I submitted to the Building Department as a detailed summary as to the application of the Zoning Code to the property as regarding the proposed site plan. I pointed out in the first three paragraphs that the split zones are within one lot and, as such,the bulk schedule can be adhered to. Subsequently,the "Notice of Disapproval" was issued (attached) which required both a front yard variance for both proposed buildings and that no single structure exceed 60 linear feet of frontage.The Building Inspector did not include in the Notice that the proposed project was not in conformance with Article 11280-7, 280 attachment 2 or 280 attachment 4. As such, those issues have not been appealed and are not part of the variances request. To that point, attached find pages 3 and 4 that outlines the powers and duties of the Zoning Board of Appeals by the Division of Local Government Services. The salient section is on page 4.Which can be summarized that in the absence of a denial on the ground that the proposed use violates the Zone ordinance, the Board has no jurisdiction or power to make any ruling or declaratory judgement as to the meaning of any provision of the ordinance.While the Board may affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from, and can review the building Inspector's decisions, ( page 5), in this case The building inspector's"Notice of Disapproval" did not include an express interpretation of the aforementioned Articles being brought before you by the Planning Board . It appears clear that the Board does not have the authority to make a determination in this matter as there is no basis to do so under the Powers and Duties of the Board. Michael A. Kimack, Esq. ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. ",141-1-VE AUG 201 1Appeals Michael A. d Urnack '1 Atterney at law P.O. Box 1047, Soutllold, N.V. 11971 Cell: 516-6511-I3807 Email: mkimack2(11%1erozon.net March 3, 2012 Re: 421 Paul's Lane LLC. SCTM: 1000-75-04-05 Proposed Site plan Letter of Intent to Develop Parcel To: Michael Verity, Chief Building Inspector 421 Paul's Lane LLC, Peconic IN.Y. is the owner a lot consisting of 115,761 SF ( 2.658 A) with split zones of General Business (B), comprising, approx. 16,848 SF, which encompasses the L section of the lot along C.R. 48 and the remainder within the Limited Business (LB). The development plan proposes to construct a 3500 SF Convenience ( Retail Store) within the B zone, which is permitted under 280.48 A (2), which will requires plan approval, and an additional 8400 SF Workshop/Storage Building;within the LB zone, which is a permitted use under 280-41 (A) (2), will also require plan approval. There is an existing one (1) story 5930 SF Workshop/Storage Building;within the LB zone with a C of O for that activity. Under the Bulk Schedule, the lot size for LB is 80,000 SF minimum and for B is 30,000 SF minimum. Since the lot ( 115,761 SF ) has not been subdivided along the split between the zones, the totality of the lot can be allocated to either proposed use, thereby conforming to the required minimum lot sizes for both zones kinder the bulk schedule. In applying the remainder of the Bulk Schedule to the proposed commercial buildings, we feel we would be required to conform to 1:he schedule or request the following: General Business (B) Zone: 3.500 SF Convenience(Retail ) store 1. A variance for lot wicith: actual 103.98 feet, minimum 150 feet, would be required 2. Lot depth of 495.78 exceeds the required :1.50 foot minimum. 3. A variance for one side yard setback; acti,ial setbacks of 20 ft. and 25 ft. are not in conformance with the schedule (50 ft. to•I•al) 4. Rear yard setback of approx. 335 ft. is in conformance with the schedule ( 35 ft.) 5, Front yard setback of 75 ft. can meet the average setbacks of adjoining lots under 280-50 B. 6, Landscape area would be less than the 35% required for the total lot. 7. Lot coverage would be less than the overall existing and proposed uses; ( 3500 SF + 8400 SF 4. 5930 SF = 17830 SF: or 0.154`,!i,, which is in conformance with the schedule (30%) 8. Building height would not exceed maximum schedule height of 35 ft. 9. Number of stories is proposed to be one, less than the 2 stories permitted. Limited Business ( LB) Zone : Second 8401".i .'>;F Workshop /Storage Building 1. Lot width of 325.03 ft, exceeds the minimum required width of 175 ft. 2. Lot depth of 299 ft, exceeds the minimium required depth of 250 ft. 3. Actual side yard setbacks of 83' 3 % ";:orad approx.112 ft, are in conformance with the side yard ( 20 ft, and 25 ft) with a total (of 45 ft. 4. Rear yard setback of approx. :143 ft. exceeds the minimum required of 75 ft. 5. Front yard setback of 75 ft. can meet the average setback of existing building on lot and adjoining building on lotto the north under 280-50 B. 6. Landscape area would be less than they 35% required for the total lot. 7. See 7 above 8. Building height would not exceed maximum schedule height of 35 ft. 9. Number of stories is proposed to be orar..,, less than the 2 stories permitted. 421 Paul's Lane LLC would require relief frclrn the assumed limitation of one building per lot in that the proposed additional two (2) buildings would meet the majority of the Bulk Schedule requirements and can meet the requirements of 280-42 A, which references more than one building, In addition, there is no feasible way to place any commercial building within the created B zone without being associated with the entire lot in order to minimize the identified violations and make a good faith effort to be in compliance to the extent possible. FORM NO. 4 TOWN OF SOUTHOLD Lnj BUILDING 'DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. Z58J . . . . . . Date . . . . . . . . . . . . . April . . . 10 . ., 19!7.4 . THIS CERTIFIES that the building located at . Paul[ .Lana A. Iml RoX9. Street Map No. .?x. . . . . . . . . Block No. x. . . . . . .Lot No. hoc . . . . . .Pec.onic. . .N.X... . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . . Nov. . 29. . . ., 19. .73 pursuant to which Building Permit No. .700.7%. dated . . . . . . . . . Xoo. . 29. . . . ., 19.73., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . .Potato storap.8 paakiu building The certificate is issued to . . .�-r.up l[i Hros „ Owners . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval No R... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE No. «R.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HOUSE NUMBER . . . . .3P.599. . . Street . . (P:Tt. .R4.W ,C i47). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector O\pS�FFOt,f4119 Town of Southold 6/18/2019 P.O.Box 1179 y ?, 53095 Main Rd Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 40454 Date: 6/18/2019 THIS CERTIFIES that the building SOLAR PANEL Location of Property: 420 Paul St,Peconic SCTM#: 473889 Sec/Block/Lot: 74.4-5 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 10/3/2018 pursuant to which Building Permit No. 43135 dated 10/15/2018 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: ROOF MOUNTED SOLAR PANELS TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR The certificate is issued to 420 Pauls Lane LLC of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 43135, 06-07-2019 PLUMBERS CERTIFICATION DATED Authorize Signature ��o�SUFFU(,�coGy Town of Southold 11/2/2018 3 P.O.Box 1179 o - o • 53095 Main Rd Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 40021 Date: 11/2/2018 THIS CERTIFIES that the building COMMERCIAL 'Location of Property: 420 Paul St,Peconic SCTM#: 473889 Sec/Block/Lot: 74.4-5 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 12/26/2017 pursuant to which Building Permit No. 42282 dated 1/8/2018 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: "AS BUILT"ALTERATIONS TO AN EXISTING STORAGE BUILDING AS APPLIED FOR The certificate is issued to 420 Pauls Lane LLC of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 42282 09-18-2018 PLUMBERS CERTIFICATION DATED u 0 Signature �. Town of Southold Annex 4/8/2014 P.O.Box 1179 �r 54375 Main Road '$ �E Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 36854 Date: 4/8/2014 THIS CERTIFIES that the building GREENHOUSE Location of Property: 420 Paul St,Peconic, SCTM##: 473889 Sec/Block/Lot: 74.4-5 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 12/10/2013 pursuant to which Building Permit No. 38558 dated 12/10/2013 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: GREENHOUSE ADDITION TO AN EXISTING WORKSHOP AS APPLIED FOR The certificate is issued to John P Krupski&Brothers (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Aut ryed S' atur ti•.4 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-20851 Date JULY 13, 1992 THIS CERTIFIES that the building ADDITION Location of Property 420 PAULS LANE PECONIC, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 74 Block 4 Lot 5 Subdivision Filed Map No. Lot Na. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 10, 1992 pursuant to which Building Permit No. 20717-Z dated JUNE 12, 1992 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 WOOD CUPOLA ON ROOF OF EXISTING BUILDING AS APPLIED FOR The certificate is issued to JOHN P. KRUPSKI & BROS. INC_ (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL NIA UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A OAlding Inspec or Rev. 1/81 1%1A A �� r �lfflltUl THOLD—BUILDING DEPARTMENT g 'Town Hall Annex 54375 Main Road P. O. Box 1179 Southold, NY 11971-0959 -� Telephone (631) 765-1802 Fax (631) 765-9502 hUs://www.southoldtownny.gov Date Received APPLICATION FOR BUILDING PERMIT For Office Use Only PERMIT N0. MAR 3 1 2021 - Building Inspector: ;��, !� �.t �� IN�r��`AP Ica i�e'��b'�;a i►r�'!�" � r`��- , . 't" , -. , - `�O n�r'�_ th riz �in��FIt�#� ��;�;x 1 ��•M �: �� `` ,;.�`-�. ,� .�=. .,..� 07 Date: March 29, 2021 °,=�� • x^�•w�� ::-�"e» �'�"^ ...�r T" ,�,." i .. .. ^. "? H`3,"N.c�, '-:�°�'`�`�'�".g`.�`��' .itS}3^ �9�..`"<.�''•2q"_..'�.�v�.'G=`��•"w�:z�«' �,F>' ".td Name: 421)Paul's Lane LLC SCTM#1000- 7 -04-05 -_.. _ w Project Address: 421 Paul's Lane, Peconic", N.Y. 11944y _ Phone#: 631-774-7355Email: 'amesdeerkoski shoo comN"~ M.ailin`g Address: 260•-Deer,Drive, Mattituck, N.y. "11952 CtN[i4CTPGC :u V <*: - xF%fir �',,n; ' ; ;. '.:<-£ I �5 >. `""a3a�* ,>"?``d z, R � R.� e e°e�'� "" ^r.�a— es`*^., r, - ;'+"d'':rr--F}:_tea,•..' :i- ' ,, �` `�t; moo' Name: Michael A. Kimack Mailing Address: P,O. Box 1047,-Southold•,"N.Y. 11971 Phone#: Em mkimack22verizon.net _mss. �� a �<��« , .r� ��r'"� ""�a4F`��` .�3�.=``<;;x�E<h�..'�'��``A� ,`ti"��;�Ea?�`�:`�;",•n'=;`'^:i"�=, �v�'�^�H,r_,=or,�F. `�y„> Name: peerkoski + Arm Mailing Address: 16 Library Avenue, Westhampton Beach, N.Y. 11978 Phone#: 631-767-6071 Email: crai>g ,@DAstudioNY.com .. _S .x .>y'"4a�.�^`",i�4'�.” �w >u... dai'�u�."'-"-`?-e-.s4 '-F.�'"_e✓., T- CT r�Y£T,a LafG ,- s•,,"h�za,.�„r Name: TBD Mailing Address: Phone#: Email: =,DES RIPT10111J N -CON C ORR(I'P, L`OSE w+' SftUClp New Structure ❑Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project: ❑Other $ Will the lot be re-graded? ❑Yes ®No Will excess fill be removed from premises? ❑Yes ANO 1 PROPERTY 114FORIMATION Existing use of property: LB Intended use of property: B / LB Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to B / LB this property? `Yes BNo IF YES, PROVIDE A COPY. 8 Check BOX After Reading: The owner/contractor/design professional is responsible for all drainage and storm water Issues as provided by Chapter 236 of the Town Code. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk,County,New York and other applicable Laws,Ordinances or Regulations,for the construction of buildings, additions,alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code, housing code and regulations and to admit authorized Inspectors on premises and in buildingis)for necessary inspections.False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York Slate Penal Law. Application Submitted By(print name): Michael A. Kimack BAuthorizedAgent ❑Owner Signature of Applicant: Date: 3/3&/2021 STATE OF NEW YORK) SS: COUNTY OF Suffolk ) .Michael A. Kimack being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)he is the Agent (Contractor,Agent,Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his/her knowledge and belief,and that the work will be performed in the manner set forth in the application file therewith. Sworn before me this qday of —Ltf�, r .2021 NoLNITARY .JANNU721 C,STATE OF NEW YOpj n No.02JA60525a5 PROPERTY OWNER AUTHORIZATIONd in Suffolk Countypires February 13,1101-6 (Where the applicant its not the owner) James Deerkoski residing at "10 Deer Drive, _ Mattituck, N.Y. 11952 Michael A. Kimack do hereby authorize__— to apply on myrb iqt if to the Town of Southold 3uilding Department fo-approval as described herein. Owner-s S'ign ture Da e James D' erkoski Print Owne4 Name 2 NEW YORK �rb sTATE0F Division Local OPPORTUNITY. Government Sentices ZONING BOARD OF APPEALS JAMES A. COON LOCAL GOVERNMENT TECHNICAL SERIES Includes All Statutory Changes Through the 2005 Legislative Session A Division of the New York Department of state Andrew M. Cuomo, Governor Rossana Rosado, Secretary of State L. - ritment to fill a vacancy occurring during interest. orm of office is made by the mayor ilaterally, withoul the need for approval by Vv'hether a person is a regular Or an alternate. 'ci the trustees. In all municipalities, the Board of appeals member is a public officer,and chairperson is given the power to call meetings, is, therefore, Subject to the requirements of the administer oaths and compel the attendance of Public Officers Law relating to the basic witnesses, qualifications for office (age, residence and 01itizeriship) Set forth in that statute. The Town Law and Village Law further provide Additionally, he or she must take and file the that the town board and village mayor may constitutional oath of office at the beginning of remove any member of the board of appeals,for each of his or her terms of office on the board cause, after a public hearing. Both sections provide how vacancies shall be filled. The Lastly, the statutes allow the local governing) same powers are granted by the General City board to establish training and education Law to a mayor or city manager, as the c,,tsc requirements as a qualification for continLiing, may be E-xamples of"cause" might be: (lic service on the board of appeals." member's persistent failure W attend meetings; or to attend training requirements set by the Po-wers and duties of the board municipality; or his violation of the I municipality's code of ethics. But it shoOd be The powers and duties of the zoning board of clear that mere dissatisfaction with the appeals are specifically set forth in the statutes. member's votes do not constitute "Cause," AS is usually the case in planning and zoning. however, this does not mean that there has not It is important to not.- that the statutes been extensive litigation and judicial specifically state that no member of the. interpretation of these provisions. There are governing board shal, be eligible for very few, if any, fields of law that have membership on the board of appeals," generated more litigation than that dealing with boards of appeals. An important amendment to the statutes,which tool: effi�ct in 1998, provides that a fill zoning boards ot'appeals are directly gi\en municipality may adopt is local law providing appellate jurisdiction by -state law. Appellate for the appointment ofany number of altc..-mate jurisdiction is the power to hear and decide members of the board of appeals, to serve in appeals from decisions of those official,,, place Of regular members Mio are unable to charged with the administration a n d participate in a particular matter due to a ci-ifoicenient of the zoning ordinance or local conflict ofinterest.'' When appointed,alt,:,rnatc law. This is the primary function and ptirpo,,e members serve at the call of the chairpenz;on of of a zoning board of appeals in zoning the board, Whereas the terms of office of zdministration, and encompasses the power (if regular members ar-. set by state law, the terms En appeal is properly taken to the board) to of office of alternate members must be set by interpret the zoning ordinance or local law and the governing board in its zoning law. Towns W grant variances. and villages may also supersede the above provisions to provide for the appointment of 'lie C alternates to scree in the case of absences General City Law, Town Law and Villag-c Law provide that boards of appeals are limited caused by reasons other than a confl,ct of 3 appellate jurisdiction "unless otherwise proposed use violates the Zone Ordinance, vided [by local law or ordinance]." Where and in the absence of an appeal fi-om such A zoning ordinance or local law gives a zoning deci-ion to the board of appeals, the board 1,1.2 board of appeals powers that are in addition to has o jurisdiction or power to make any its appellate powers, the additional powers are ruli g or declaratory judgment as to the referred to as "original jurisdiction." Matters inearling of any provision of' the involving original jurisdiction may be granted ordinance.1117 to a zoning board of appeals by the zoning law or ordinance, but do not have to be. Examples The sai ie reasoning would hold true for the of original jurisdiction include the power to issuance of a variance, That, too, is an grant special use permits and the power to app,-Ilatc. power. In general, a property owner approve 'site plans. There is nothing in the calillot . imply appear at the board of appeals statutes that specifically provides for these office and ask for a variance, While it is true powers to be exercised by zoning boards of that ony the board of appeals can issue a appeals. If they are given to such boards it will variance, it is equally true that it cannot issue a be because the municipal zoning ordinance of ve-riaric except on an appeal from a decision local law so provides. made by the zoning enforcement off icei," It is I only on such appeals - and then only when the As noted above, the board of appeals is an apl;[icant can show that he meets the legal appellate body priniari ly;the statutes say it must reluirements for a variance - that the board of be. Unless specifically granted to it, it has no app,:als can issue one. original jurisdiction. It is lirnit-.d to "hearing and deciding appeals from and reviewing tIny Note, howevcr, that we stated "in general" ordei, requirement, decision, interpretation or above. There arc particular exceptions which determination made by the administrative apply in cases where area variances arc official charged with onforecnicnt of any ncccssai y in the course of subdivision,site plan [zoning ordinance or local law-." Thus, in a and speial use permit applications. In such case in which the parties to a dispute appeared cases, the statutes allow an applicant to apply before a board of appeals for its interpretation directly to the board of appeals for an area of the terms of a zoning ordinance, without varianct without having to first apply to the having applied for a permit, been denied ihe eni"arceinent officer for a permit." peri-nit and then appealed it, the court declared the findings of the board null and void." The In its exercise of the appellate power, it ha,,, Court found that the provisions o`the ordinance been held that it is not the board's function involved and section 81 of the General City merely to decide whether the enforcement Law clearly indicate that the board of appeals is officer', action was "arbitrary and capricious." vested only with the appellate power of review Rather, lie board of appeals must conduct a de and revision of the enforcement officer's novo re-iew; that is, it must review all of the decisions, The court stated: facts which formed the basis of the officer's decision, and must decide the case as though it "In other words, in the absence of an were the enforcement officer."' In this context, application to the building inspector for a it becomes easier to appreciate the following building permit or certificate Of'occupancy, words o the. enabling Statutes. in the absence of a denial Of such application by him on the g.-ound that the '"Th( board of appeals may reverse or 4 •. .�'ail Minn, wholly or partly, or may modify the out standards and conditions f'or order, requirement, decision, interpretation special use permits in detail do or determination appealed from and shall nail,suitable standards do have t make such order, requitement, decision, the zoning law to guide the be interpietation or determination as in its case", it was claimed that a sc�._.. _ opinion ought to have been made in the zoning ordinance requiring "adequate" parking 4"i ' matter bythe administrative official charged f icilities for proposed construction was with the enforcement of such ordinance or unconstitutional, because it failed to establish local law and to that end shall have all the any standard to guide the board of appeals in powers of the administrative official from the exercise of its discretion, The court upheld whose order, requirement, decision, the validity of the section on the ground that, interpretation of detenllination the appeal is although stated in general terms,it was capable taken."" of reasonable application and sufficient to limit end define the board's discretionary powers. Original jurisdiction i_;sually, we think of' the zoning board of As has been pointed out,a board of appea s may appeals as part of the zoning mechanism of the exercise original jurisdiction if the local law or comrllunity, and the discussion above has ordinance gives itthis jurisdiction. An example attempted to deal with it in that context I owever, the zoning board of appeals is given of the type of original jurisdiction delegated to several functions that do not relate to the zonin`1 zoning boards of appeals 1-3 the special use means to law, and since these functions are directly permit. The special use permit is a permit certain types of uses only after an !;ranted to boards of appeals by state enabling administrative decision,based on requirements legislation. it is important that they be fully set forth in the zoning,law. The concitions Understood. are the sort that ensure ':hat the use will properly relate to its surroundings. For The first of these non-zoning function, example, a zoning law might permit gasoline concerns the local official map. An official stations in commercial districts, but oily by leap is a police power device to implement a special use permit •• which is to be issue(-,I upon ommunity's plans for development b� a showing that the proposed facilitywill have X protecting the rights-of-way for future Streets. type of landscaping, Y type of signage, and Z drainage systems and parks. These are Shown f appeals can be on all official map, but remain in private type of fencing The board o the body authorized to issue special use permits ownership until the community is rcad� to upon a showing by the developer that she/he purchase them. Certain restrictions are impos,'d sleets these requirements, As can be seven, no on the landowner's use of the land in the appeal is involved in such all instance. interim, the idea being to save the comnlunit� the greater cost of acquiiing improved land of In exercising this original jurisdiction ('in the resorting to an undesirable adjustment in the case of special use permits), it should be noted facility. The statutes authorizing the that the board of appeals is only an establishment and amendment of official maps administrative body; it has no power to are General City Law,sections 26 and 29,"fo\\n legislate. While the functions delegated :o it by Lam, sections 270 and 273, and Village Law, the local governing body do not have to spell section 7-724, The statutes provide a procedure whereby an owner whose land is shown oil a 1♦♦epee i►�i, r�♦♦j�j r��♦t, t\ , ' �♦a �..♦�♦�A♦ic\ 1♦♦♦♦e.� ..:. ./ WrQ �♦O ��s ''�ODOOO•' ► e ♦i♦i♦iei♦ieiei�i':e• ♦wee♦eeeeee,. t` mC co r Southold Town Planning Department Zoning History for SCTM #74-4-5 Researched June 23, 2021 J U L 0 8 2021 [Zoning Board of Appeals , 1989 to 1999: Entire parcel zoned B 1999 CR 48 Land Use Study resulted in a series of re-zonings on the Town Board's own motion. A public hearing that included this parcel's rezoning can be found in the Town Board's meeting minutes from 10/19/1999. • Pg. 32 has the SEQRA determination for the rezoning of a portion of it from B to LB • Pg. 133 has a failed rezone of a portion of the property from B to RO (the portion that is currently zoned B) • Pg. 137 has a successful rezone of a portion of the property from B to LB (the portion that is currently zoned LB) The background paperwork for the SEQRA enlightens us as to which portion of the property was proposed to be changed. This can be found here: In Laserfiche, under Studies Reports/CR 48 Recommendation Discussion 1999 Pgs 71 -78 contain the maps showing the portions to be rezoned There is no discussion in the hearing minutes as to why the RO change was denied and the LB was approved.No discussion either about the intent behind split-zoning the property. SURVEY OF PROPERTY SITUATE PECONIC TOWN OF SOUTHOLD v1IDDLF.�ROAD (C R, 4©�' VtNOF2,Il t2UA� SUFFOLK COUNT;, NEW YORK «..—• S C TAX No 1000-74-04-05 SCALE 1"=30' N yy 19-20"E — ,Os sa�� ,,.___.-f_• —— ——— 'a`'— --'-- ---- NOVEMBER 24, 2015 E i e i I 195 50' ' eti - W ,� \ ; I •�;a �i1A e E r 1 a .. --- ----- n� } z tl C: w � 5 61'3900"W e ]9900 --_-- -- —_ �• t+++" ..v..., Nathan Taft Corwin III ft„„w 1 r Land Surveyor ^P I I��yI`�OEERKOS...... , ,r ncn <.. MIDDLES ROAD (C R„48) 1NORTH ROAM '� �I�.-•a=.°,... - rES S91 9D•[ as e' 9,c r ,,,3. EXISTING SITE PLAN gpEA.aot c 61Na PAUL'S LANE LLC .II ' I PECONIC,NEW YORK 6CALEcuf t-•3v.B' 1'� RMATION SCTMp 1000-7544-05 VT El- 9A6E0 ON ALAN.SURVEY PREPARE..1 NA.T CORN'IN AREA=115—s"fl 1ASTI ONOWMBSU"EYOR _ 2656 .. lA6T DATEDNOVEMBER39 3010 SCALE I'=30.0" I PROJECT TITLE 6 L00ATI0x ` � PROPOSED SITE PLAN PAUL'S LANE LLC sine ! e PECONIC,NEWYORK - I j i I �' EoEsair I N 61 DO'00•E I S�Z ,� SCTMp 1000.75-04-0$ ?195 30' .,w Q. V janEET xANE SITE PLAN I ENEER�7_EIDwEercaBUE , ui&€ < C I owxEA6nIP AND.a6 o6 DOCDNENTa zr M.9.9..y .N.�.nN,.m...nl.9"• a.NI...2.P9P9 o D�A..M.A n In ..Dona E.9m9e,In9 D c y M c•D1 xD1e3n�Yc PS 0 CNECNED BY ��--�� 3 '��Ot33N10]D PROPOBFp SrtE PNN J. jo e S 613900"M > ,..� �.ul.m„ 29900' aNEEiINOE[I e N 9 Ax a sT., SP-001 - 1 �IIbBN.RBER gcezzr cfecOa00-af2b-45cc-9960-713573145c22 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,SEPTEMBER 2,2021 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN,pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of-Southold,the following"IN PERSON"public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the TOWN HALL MEETING ROOM,53095 Main Road,Southold,New York 11971- 0959,on THURSDAY,SEPTEMBER 2,2021, IF YOU INTEND TO APPEAR IN PERSON,YOU MUST WEAR A MASK. The public may ALSO have access to view,listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 10:00 A.M.-TOWN OF SOUTHOLD PLANNING BOARD#7543—The Southold Town Planning Board in a memorandum dated June 24,2021 has requested that the Southold Town Zoning Board of Appeals make a determination relating to Article 11,§280-7 District boundaries,280 Attachment 2 Density and Minimum Lot Size Schedule for Nonresidential Districts and 280 Attachment 4 Bulk Schedule for Business,Office and Industrial Districts of the Southold Town Zoning Code;as to;1)whether or not a property that is within two or more zoning districts is subject to the bulk schedule for minimum lot size for each zoning district and each proposed use;and 2)whether or not a second building proposed in the LB Zoning District constitutes a second use.Located at 420 Paul's Lane,Peconic,NY,,SCTM No. 1000-74-4-5. 10:10 A.M.-TRACY AND ALEX SUTTON#7527SE-Applicants request a Special Exception under Article III ,Section 280-13B(14).The Applicants are the owners requesting authorization to establish an Accessory Bed and Breakfast,accessory and incidental to the residential occupancy in this single-family dwelling,with five (5)bedrooms for lodging and serving of breakfast to the B&B casual,transient roomers. Located at: 25500 Main Road,Orient,NY.SCTM#1000-18-6-10. 10:20 A.M.-VALERIE,A.CHANDLER AND DiMITRI MESKOURIS#7529-Request for a Variance from Article XXIII,Section 280-124 and the Building Inspector's May 7,2021 Notice of Disapproval based on an application for a permit to construct deck additions to an existing single family dwelling;at;1) located less than the code required minimum front yard setback of 35 feet;located at:3745 Mill Lane,Peconic,NY, SCTM No.1000-67-2-10. 10:30 A.M.-DANIEL MARRA/9450 MAIN BAYVIEW,LLC#7530-Request for a Variance from Article XXIII, SOUTHOLD TOWN BD OF APPLS 2 C k � cfecOa00-af2b-45cc-9960-713573145c22 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times Section 280-124 and the Building Inspector's May 11,2021 Notice of Disapproval based on an application for a permit to construct a new single family dwelling;at; 1)located less than the code required minimum front yard"setback of 50 feet;located at:9450 Main Bayview Road,Southold,NY.SCTM No.1000-87-5- 22. 10:40 A.M.-STEPHANIE A.KELLER REV.TRUST#7531-Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's May 18,2021 Notice of Disapproval based on an application for a permit to demolish and reconstruct a single family dwelling and to construct an accessory in-ground swimming pool;at;1)single family dwelling located'less than the code required minimum front yard setback of 35 feet;2)more than the code permitted maximum lot coverage of 20%; located at:580 Old Shipyard Lane,Cutchogue,NY.SCTM No. 1000-64-2-45. 10:50 A.M.-RONALD AND MARY SANCHEZ#7534-Request for Variances from Article III,Section 15; Article Ili,Section 122A;Article XXIII,Section 280-124;and the Building Inspector's June 1,2021, Amended July 20,2021 Notice of Disapproval based on an application for a permit to construct second floor additions to the single family dwelling,additions to an existing accessory,garage and installation of a hot tub;at; 1) Single family dwelling located less than the code required minimum rear yard setback of 50 feet;2)Not permitted alteration or enlargement of a nonconforming Accessory Garage containing a conforming use resulting in increasing a new nonconformance or increasing the degree of nonconformance;3) Accessory hot tub located in other than the code permitted rear yard;located at:515 South Oakwood Road, Laurel, NY.SCTM No.1000-145-3-9.1 11:00 A.M.-DAVID HAZARD#7532-Request for a Variance from Article III,Section 280-14 and the Building Inspector's May 19,2021 Notice of Disapproval based on an application for a permit to demolish and construct a new single family dwelling;at,1)located less than the code required minimum rear yard setback of 75 feet;located at:1465 Harbor Lane,(Adj,to East Creek/Eugene's Creek)Cutchogue,NY. SCTM No.1000-103-2-1.1. 1:00 P.M.-JANE T.KAMINSKI LIVING TRUST#7536-Request for a Variance from Article XXIII,Section 280- 124;and the Building Inspector's May 18,2021 Notice of Disapproval based on an application for a permit to demolish'and reconstruct a single family dwelling;at;1)more than the code permitted maximum lot coverage of 20%;located at:805 Bay Haven Lane,Southold,NY.SCTM No. 1000-88-4-33, 1:10 P.M.-ALAN S. BRAVERMAN#7533-Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's May 6,2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling;at;1)located less'than the code required minimum front yard setback.of 35 feet;2)located less than the code required minimum side yard setback of 10 feet; located at:2700 Vanston Road,Cutchogue,NY.SCTM No.1000-111-5-4. 1:20 P.M.-ARTHUR J.CONNOLLY AND LORRAINE ACARELLI CONNOLLY#7534SE-Applicants request a SOUTHOLD TOWN BD OF APPLS 3 y r t cfecOa00-af2b-45cc-9960-713573145c22 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times Special Exception under Article III,Section 280-138(13). The Applicant is owner of subject property requesting authorization to establish-an Accessory Apartment in an existing accessory structure;at: 3505 Wickham Avenue,(Adj.to Long,Creek)Mattituck,NY.SCTM#1000-107-9-9. 1:30 P.M.-TRACEY JOSEPH#7538-Request for a Variance from Article XXIII,Section 280-124 and the Building Inspector's May 4,2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling;at; 1)more than the code permitted maximum lot coverage of 20%;located at:1330 Sigsbee Road,Mattituck,NY.SCTM No. 1000-144-1-5.2. 1:40 P.M.—STRONG'S MARINE,INC.#7546SE-Applicant requests a Special Exception to maintain a business use pursuant to Article,XI,Section 280-48B(12)consisting of the display,storage,sale,and service of boats with accessory repair facilities;located at:9605 Main Road,Mattituck,NY.SCTM#1000-122-6- 12. 1:50 P.M.-DEBORAH COLITTI#7539-Request for Variances from Section 280-121A;and the Building Inspector's June 24,2021 Notice of Disapproval based on an application for a permit to legalize"as built" alterations to three(3)existing accessory seasonal cottages,converted to year-round use;at; 1)"as built" alteration of nonconforming use of buildings is not a permitted;located at:720 Second Street,New Suffolk, NY.SCTM No.1000-117-8-13. 2:00 P.M.—HARD CORNER PARTNERS,LLC—#7541—(Adjourned from August 5,2021) Request for a Variance from Article X,Section 280-46 and the Building Inspector's June 25,2021 Notice of Disapproval based on an application fora permit to constrict a mixed-use commercial building with accessory apartments and four single family dwellings;at 1)located less than the code required minimum rear yard setback of 25 feet;located at:53530 Main Road,Southold,NY.SCTM No.1000-61-4-1. The Board of Appeals will,hear all persons ortheir 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 on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: htt p://24.38.28.228:2040/w e b l i n k/B rowse.as px?d bid=0. Contact our office at(631)765-1809,or by email: kimf@southoldtownny.gov Dated: August 19,2021,ZONING BOARD OF APPEALS,LESLIE KANES WEISMAN,CHAIRPERSON BY:Kim E.Fuentes,54375 Main Road(Office Location),P.O. Box 1179,Southold,NY 11971-0959 SOUTHOLD TOWN BD OF APPLS 4 cfecOa00-af2b-45cc-9960-713573145c22 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk The undersigned'is the authorized'designee of,Andrew Olsen,the publisher of The Suffolk Times,a Weekly Newspaper published in Suffolk County,New York. I certify that the public notice,a printed copy of which is attached hereto,was printed and published in this newspaper on the following dates: August 26,2021 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,and as such,is eligible to publish such notices, Signature Eliot T.Putnam Printed Name Subscribed and sworn to before me, This 08 day of September 2021 4tarySignatu kojog °`"414I�etr@b@oro °`GLA. y,F% •'• STATE OF NEW YOR.K'. NOTARY PUBLIC: Notary Public Stamp z ALBANY ,a r, 01RE63984/3 q of ®O Ale SOUTHOLD TOWN BD OF APPLS 1 J 1343 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the,A.�ppelication of: MAILINGS (Name of Applicant/Owner) y ( (,{ SCTM No. 1000- ' s (Address of Property) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, ( ) Agent �- residing at M New York, being duly sworn, deposes and says that: On the 34 '-day of -,2010 ; I personally mailed at the United States Post-Office in k ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, 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, surrounding the applicant's property. (Signature) CONNIE D.BUNCH Sworn to before me thisNotary Public,state of New York j! L�day ofdLffj T 2001 No.01BU6185050 ' Qualified in Suffolk County `'�yam 1j,� Commission Expires April 14,2�3 (Notary Public) , 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. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,.NEW YORK AFFIDAVIT ' OF In the Matter of the Applic tion of- POSTING SCTM No. 1000- " (Name of Applicants) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, residing at New York, being duly sworn, depose and say that: r I am the ( ) Owner or( ' ) Agent for owner of the subject property -On the day of , 20 , I personally placed theTown's Official Poster on subject property located at: j ul� indicating the date of hearing and nature of application noted thereon, securely upon subject,property, located ten (10) 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 (Owner/Agent Signature) Sworn to before me this Day of , 20 (Notary Public) * near the entrance or driveway entrance of property, as the area most visible to passerby Postal Postal ■ , MAIV s ■ CERTIF . A O ■ ■ Q-' I• / rte' I• / Ln CO Ire •- -• - �� Jo e- �,�� -4. - � I 1i77 - g �I�` /` �' S Certified Mall Fees 'I1 Certified Mad Fee �� 7J1 I ru 1;3.6_ oc ./ �I( -� $ r.h_ `1 0� dLG97J 7 $ Ln Extra Services&Fees(check box,add fee a&fft ate) Ln Extra Services&Fees(checkbox,add fee a , 11�1 C( ❑Retain Recei roy{a� ❑Return Receipt(hardcoPY) $ .___ t t o2� pt(hardeoPY) $ L ❑Return Receipt(electronic), $ i� El Return Receipt(electronic) $ T AUG 3 Pos mark j p i f Postmark -s 0 ❑Certified Mail Restncted Delivery _ Here a ❑Certified Mail Restricted Delivery $ daj C 1 f.�U ere 1 ❑Adult Signature Required $ d•„ r,n �' ❑Adult Signature Required O n"—� F / O $ rT-vmra=:r. — 6 cu ❑Adult Signature Restricted Delivery$ ❑Adult Signature Restricted Delivery$ ` Postage \ST OSS C3 Postage mU� $ $13.75---- �rES�" $ 01.75 ,..p Total Postage and Fees 0-?,/7 7 n Total Postage and Fg i o $ 7nR�clar Vineyards, LL�' �� o $ 1 .21 &J Realty Ln) Sentra C/O Herodotus Damianos Ln Sent To Attn: Osprey Dominion p Y minion C 0 Street andApL%Vo.,iWP 591A Bicycle Path p S!Fii ti indAWEW,ii Pod P.O. B0x 198 ____ Port Jefferson Station, Cry NY 11776 I` State ZlP_+4® _______- con_____ Peic, NY 11958 Crty,State,Z/P+4° i RE: 1000-74.-4-5 RE: 1000-74.-4-5 - ° • ' • ■ ® 1 s ■ �,,, I• CMaii only O /• / r` t.) 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Box 1017 Cutchogue, NY 11935 r-3StreetandA F Street andApElVo.,orPOBozIVo. O pflvo.,orP(Melville, NY 11747 r-- --_-__ RE: 1000-74.-4-5 -----State zrwr----- RE: 1000-74.-4-5 City,State,ZIP+4 � •1 1 •1 111•• '' - - :Ie , F- O I 1 I ENDE / IECTIN'/ •MPLETE THIS SECTION ON I ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverseX O Agent i so that we can return the card to you. 13 Addressee I i ■ Attach this card to the back of the mailpiece, B. RercAved b (Printed Name) C. Date of Delivery I or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes I, 1/, f ( If YES,enter delivery address below: E]No (( 0.y&M oaf? II 111111 Ilii III 11111111111111111111111 111111 13 Service Signature ❑Priority Mad Expresso ❑Adult Signature ❑Registered IVI xpr I ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑Certified Mail® Delivery 9590 9402 1961 6123 5889 65 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service/abe0 ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationT - -- -- ❑Insured Mall ElSignature Confirmation 7 015 0640 ,0001 54.2 8 ,,-6 X 9 8 ❑ nsured Mail Restricted Delivery Restricted Delivery (over$500) ? PS Form;3811,Julj/204 51PSN 7530=02-000-9053 ! 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Albert Krupski l o $ ��LVtri Enrique Alvarez \, $ 2790 Skunk Lane- Sent 414 6th Street ' Ln Sent To �Io StreetaridApflVo.,oiP Cutchogue, NY 11935 ' o srr"ee"rar,da�t.Nd,uir Greenport, NY 11944 ' RE: 1000-74.-4-5 !r -------; i+ RE: 1000-74.-4-5cyzP 1 City,State,ZIP+4® T. o • RcistaFService @ RECEIPT 1 © ■ ■ ■ 1 MAUL �L 'Domestic only �.. �m -� :poi • , �" 1:n, •F¢ �il UFC I Certified Mail Fee !�� r Certified Mad Fee ° I! O i p 3.btl i 0971 L1�71 , (� $3 b 5 $ Extra Services&Fees(check box add tae n t y Extra Services Fees(check box add fee ( I Iilialte) Ln { Ill ❑Return Raceipt(hardcopY) ,f ❑Return Receipt(hardcopy) ��.t'.n{,1' d:i f 1 11 1'^ AU POStma �U ❑Return Receipt(electronic) $ 20�"P St-tfl ❑Return Receipt(electronic) $— "'�— V�j �e r-( Ad 8 0 ❑Certified Mall Restricted Delivery $ C ❑Certified Mail Restricted Delivery $ ,r1 _ �� Qom' r ❑Adult Signature Required $ t}µn` f_3 ❑Aduk Signature Required $ - \\ -tet:•r1�-',$'t�s,�.� �j� I� [)Adult Signature Restricted Delivery$ �� J 0 ❑Adult Signature Restricted Delivery$ S $0.75 PostagePostage $0 l'•75 \ `' r1`�� - $ -- -----"Ii¢/!_13/ �� Total Postage andFees Paliouras Family l�it _p Total Postage and Fees Mr. An drew,Anse'�mo 0 $7.?I-( j o $ $7.20; I P.O.Box 434 31605 North Road „� Sent To 1955 I Ln Sent To Peconic, NY 1 r-3 0 StrieetandAp£No.;o�PbBozi Peconic, NY 11958 o StreetanilAptNo.,orPC780. RE: 1000-74.-4-5 r. - RE: 1000-74.-4-5- r- crtyState,ZiP+a® Crty,State,2IP4 '�iA Ll COMPLETE •N COMPLETE THIS SECTION ■ Complete items 1,2,and 3. A. Sign` t{ra'��,.rU167-�� },■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee f , ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Dateof Delivery} or on the front if space permits. ( 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes { —� If YES,enter delivery address below: ❑No Ialiouras Family Trust P.O. Box-434 r - Peconic, NY 11955 1 RE: 1000-74.-4-5 r i 3. Service Type ❑Priority Mall Express$ 11111111111111111111 IIIII (IIII II IIIII II IIII E3 Adult Signature ❑Registered Mail ❑ r Adult Signature Restricted Delivery 13R Registered Mail Restricted ❑Certified Mail@ Delivery 9590 9402 2925 7094 3407 55 0 Certified Mail Restricted Delivery ❑Return Recelpt for 1, ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service laboo ❑Collect on Delivery Restricted Delivery ❑Signature Confinnation'm ,� --- - ❑Insured Mail ❑Signature Confirmation 7 215 0640 2 2'a l !5 4'2.8! 0 4;21 13(over d Mail Restricted Delivery Restricted Delivery i , 00) PS`Form 3811,July 2015I'SN 7530-02-Q00-9053 : • Domestic Return Receipt r RY SECTION • • COMPLETE • COMPLETE ■ Complete items 1,2,and 3. ELIVE ASI nature ■ Print your name and address on the reverse ❑Agent j X ❑Addressee � so that we can return the card to you. C. Date of Delive ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) Delivery } i or on the front if space permits. 1.A�H,44-Addressed to. D.is delivery address different from item 1? ❑Yes B&J Realty ` If YES,enter delivery address below: E3No 4 Attn: Osprey Dominion Co. �P.O.8ox19,8., •;; l v� 1 Pecoo�c,,N:Y-_ RE: =0--7 4=5 - - -- -- — --__ 3. Service Type ❑Priority Mall Evi esse ❑Adult Signature 1:3 Registered MaATMr f { I IIIIIIIII IIII IIIIIIIIIIIII Il 11111 i f 1111111111 ❑ nt Signature RestriotedDelivery [3 Registered Mall Restricted, ElCeCertified Mail® Delivery � ❑Certified Mail Restricted Delivery ❑Return Receipt for 1 I i 9590 9402 2925 7094 3407 79 [3Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation 2. Article Number(Transfer from service labeo _ n insured Mag ❑Signature Confirmation 1 7 215 ©6 4'212'd 1,1 F 5 4 2 8116'6 81 1 F! �surredl Mall Restricted Delivery t 1 Restricted Delivery . PS Form 3811.July;2015 PSN 7530-02-000-9053 Domestic Return Receipt a � r t COMPLETE SECTION ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee i ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C.Date of Delivery or on,the front if space permits. r 1. Article Addressed to: D.is delivery address different from item 1? ❑Yes i If YES,enter delivery address below:_- ❑No Mrique Alvarez I 4 ?;Street 'Greeff rt, NY 11944 ,RE: _1000-74.-4-5 l— — - 3. Service Type ❑Priority Mall Express$ II�IIIII IIII IIIIIII I III II III II I�III IIII I III ❑Adult Signature ❑Registered Mall ❑ ` Adult Signature Restricted Delivery ❑Registered Mall Restricted ❑Certified Mall@ Delivery i ❑Certified Mail Restricted Delivery ❑Retum Receipt for, ; 9590 9402 2925 7094 3407 31 ❑Collect an DeliveryiNerohandIse _J 2. Article Number(Transfer from serplce/abep E3Collect on Delivery Restricted Delivery 11Signature ConfvmationTm Cl Insured Mail C3 Signature Confirmation 7 215 0640 0221 5428 6728 ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) I PS Form 3811,July 2015 PSN 7530-02-000-9053 r Domestic Return Receipt •L - i SENDER: COMPLETE THI,%EECTION COMPLETE THIS SECTION VERY � 3 ■ Complete items 1,2,and A. Signature ■ Print your name and address on the reverse 11 Agent so that we can return the card to you. l _I I3 Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C.Date of Delivery or on the front if space permits. — $� o2A 1. Article Addressed to: D. Is delivery address different from item 1? ❑Y. If YES,enter delivery address below: I (vi r. H, - I I /4.-4 3. Service Type ❑Priority Mail EVlessV I I III III III II I II I I I I III III I l i I ❑Adult Signature ❑Registered Mail 13Adult Signature Restricted Delivery ❑Registered Mall Restricted ❑Certified WHO Delivery 9590 9402 2925 7094 3475 18 ❑Ceded Mail Restricted Delivery Q Return Receipt for ❑Collect on Dellvery Merdrerrdise �- 2- Article Number(Transfer from service label) E3 Collect on DeWery Restricted Delivery ❑Signature Conflrmatlrr'Te ❑Insured Mail ❑Signature Cordlnnatic 7 015 0640 0001 5428 6674 ❑Insured Mall Restricted Delivery Restricted Delivery i (over$50o PS Form 3811,July"2015 PSN 7530-02-000-9053 Domestic Return Receipt , ® • •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse � ®Agent N so that we can return the card to you. X ° j �� ❑Addressee ■ '`ttach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery _ �n the front if Gpace permits. 8`�-twl 1• •j: D. Is delivery address different from item 1? ❑Y If YES,enter delivery address below: o Mr. Albert Krupski �' 2790 Skunk Lane Cutchogue, NY 11935 RE: 1000-74.-4-5 3. Service Type ❑Prionty Mail Express® IIII III III I II I I I II III I I I I I I I III 11 Adult❑Adult Signature ❑Reeggistered Mail R ❑CertifieMail Signature Restricted Delivery ❑Delivery Mall Restricted, 9590 9402 2925 7094 3407 24 ❑Certified Marl Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service labeq ❑Collect on Delivery Restricted Delivery El Signature ConfumationTM ❑Insured Mail ❑Signature Confirmation ?01E 0 6 4 0 0001 5428 6 711 ❑Insured Mail Restricted Delivery Restricted Delivery (aver$500) Ps Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt COMPLETE III Complete items 1,2,and 3. ure _— ■ Print your name and address on the reverse Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece,_ B. b�t�"e)j C. Date of De'very or on the front if space permits. 1. Article Addressed to: D. Is delivery address different frofn item 1? ❑Yes if YES,enter delivery address below: ❑No Mr.Andrew Anselmo 31605 North Road , Peconic, NY 11958 RE: 1000-74.-4-5 3. Service Type ❑Priority Mall&press$ II Iilllll IIII III fIIIII II II II II 11 II I IIII II I I ❑Adult Signature ❑RegisteredMallTt° ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑Certified Mail® Delivery ❑Certified Mail Restricted Delivery ❑Retum Receipt for 9590 9402 2925 7094 3407 48 E3 Collect on Delivery Merchandlse 9. Article Number(Transfer fromseN/C label) _- ❑Collect on Delivery Restricted Deiivery 13 Signature ConfimtationTM' - �—^ -- -�-t ❑Insured Mail [3 Signature Confirmation 7 015 06140 0001 5428 6 7 d S_.- ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt SENDER:COMPLETE THIS SECTION _ COMPLETF-.71';S SECTION ON DELIVERY ■ Complete items 1,2,and 3. 1 A. Si to ■ Print your name and address on the reverse 13 Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received rin d N e) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. is delivery address different from'itert5�?-El Nes If YES,enter delivery address tielouG: l No- N ;Leon Petroleum LLC . P.O. Box 1017 620 Melville, NY 11747 + 21 ' RE: 1000-74.-4-5 � e_ IIIIIIIIIIIIIIIIIIIIIII —ultSig Type ❑RegisPriority eredMExpresse nTm I I IIII I�II ❑Adult Signature ❑Registered MebTM+ ❑Cern Signature Restricted Delivery ❑Registered Mall Restricted 11 Certified Mall® Delivery 9590 9402 29!2!5 7094 3407 17 ❑ce't'eed Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfeom service_/abet) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationT^+ 7 015 0640 0001 5428 6704 ❑Insured Mail Restricted Delivery red Mail ❑Restrictednature�Delive Confirmation (over$500) Delivery PS'Form 3811,July 2015 PSN 7530-02-000-9053 - --- Domestic Return Receipt —-- =.es COMPLETE •N COMPLETE THIS SECTIONON DELIVERY a Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X C D Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. cl s -7 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No Pindar,;U�ineyards,;.LLG - i C/O Herodotus Damianos 591A Bicycle Path Port Jefferson Station, NY 11776 'RE: 1000-74.-4-5 l - 3. Service Type 13 Priority Mail Express® IIIIIIIIIIIIIIIIIIIIIOIIII ��IIIII�I�IIIlIIIIII ❑Adult Signature ❑Registered Mail 11 CefleSignature Mail®Restricted Delivery ❑ R Registered Mail estnctedi Delivery 9590 9402 2925 7094 3407 62 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmatlonTM ❑Insured Mail ❑Signature Confirmation 15 0640 0001 5428 6759 ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt I - il 1` ' 1 COMPLETE •N COMPLETE THISiSE�Qiiv OMPELIVERY ■ Complete items 1,2,and 3. A. Sign N ■ Print your name and address on the reverse13Agent so that we can return the card to you. X -` Addressee ■ Attach this card to the back of the mailpiece, , B. Received by(Printed Nam C. t of pelt or on the front if space permits. l Ui 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes Y E�� P -IS �� n —� If YES,enter delivery address below: `�No j `-11I ' '-C /V it : 1060 - -7 4-5 3. Service Type ❑Priority Mad Express® IIIIII IIII III II II I I II I IIII VIII I VIII III E0 Adult l Adult Signature Signature Restricted Delivery ❑Registered Mad Restricted 9590 9402 1961 6123 5889 72 ❑Certified Mail® Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) 13 Collect on Delivery Restricted Delivery ❑Signature Confirmation 7 013 0600 0 0 0 0 617 5 0-4-9-1 1-insured Mail ❑Signature Confirmation fed Mail Restricted Delivery Restricted Delivery 1$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt BOARD MEMBERS ®� S®� Southold Town Hall Leslie Kanes Weisman,Chairperson 53095��®�® 53095 Main Road• P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoC® Southold,NY 11971 http://southoldtownny.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, SEPTEMBER 2, 2021 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following "IN PERSON" 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, SEPTEMBER 2, 2021: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 10:00 A.M. -TOWN OF SOUTHOLD PLANNING BOARD #7543 —The Southold Town Planning Board in a memorandum dated June 24, 2021 has requested that the Southold Town Zoning Board of Appeals make a determination relating to Article II, § 280-7 District boundaries, 280 Attachment 2 Density and Minimum Lot Size Schedule for Nonresidential Districts and 280 Attachment 4 Bulk Schedule for Business, Office and Industrial Districts of the Southold Town Zoning Code; as to; 1)whether or not a property that is within two or more zoning districts is subject to the bulk schedule for minimum lot size for each zoning district and each proposed use; and 2)whether or not a second building proposed in the LB Zoning District constitutes a second use. Located at 420 Paul's Lane, Peconic, NY SCTM No. 1000-74-4-5. 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 on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/webiink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809,or by email:kimf@southo/dtownny.gov. Dated: August 19, 2021 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 Ni�TIi. E uF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall 3095 Main Road , Southold: The application will also available VIA ZOOM WEBINARm Follow link- tp://southol ownny.gov/calendar NAME : OW OF SOUTHOLD PLANNING B RD #7543 SCTM # : 0 - 74-4-5 VARIANCEm ANTER ETATION REQUES SPLIT ZON ARCELS SUBJECT TO BULK SCHEDULE DAT THURS . , SEPT. 2 , 2021 10 :00 AM You may eview the file(s) on the town's website under Town Records/Weblink: ZBA/Board Actions ending. ZBA Office Telephone (631 ) 765-1809 el,q��- As�e� �,d �j.�, �rce2hy cQoc�inlofc� zfpos,� �`od Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 O C** Southold,New York 11971-0959 2 �"Ok ! �� Fax(631)765-9064 ZONING BOARD OF APPEALS DATE: August 2, 2021 Dear Applicant; Pursuant to the New York State Governor's announcement lifting many COVID-19 restrictions, the Town will now resume IN-PERSON meetings that are open to the public. For those who wish to attend the meeting virtually, for health and safety reasons,we will continue via Zoom Webinar, as well. Therefore, the September 2, 2021 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. ji::; ON 1. Yellow sign to post on your property a minimum of seven( ) days prior to your hearing,to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than August 26 , 2021. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property.If a Board member reports that there is no signage visibly on display as required.by law,your scheduled hearing will be adjourned to a later date to�ensure compliance with Chapter 55-1 Bl 1 of,the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will-follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office by August 26,2021, verifying that you have properly mailed and posted. Please.attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. l Instructions for ZBA Public Hearing Page 2 MAILING INSTRUCTIONS: Please send by the following documents 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. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by August 16,2021. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff,they may telephone 631-765-1809 or email us at kimf@southoldtoLAM.gov or elizabeth.sakarellos@town.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls>2010-2019>2019 http://24.38.28.228:2040/weblink/O/doc/1022250/Pa eg l aspx. r' Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the.next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason,you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes Board Assistant • .�,-,; �X.. i�v re �s:., £ -e^, - +rn s ""3 .xy y." t•fha�{ � s;y: s.. 'ate, L•'Sya w sE..,.+ fi i 0 Ell- Ake, l 'tw �r ttaDt's` -,` n n r•aY .� .ate '+„ K �,# x s' ' ;^''xa->, ,� `' .. fid *vsa,L `xF;'ES'ty"E `i: MIT' t Ms t1S Y '. 'y'.' 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AlphatxikslhMe�t 0-` ffm LaserlkM MW search PaU1 i TGwPDI'�itlmldtZCftiflBBod �: ' �Meetl�$dKdid¢5 otAppealsVW 1Absrtes/AgepdaslLegat Notices/Nearmgs CreatlancrateCe a naAmAs 7110MM 1217'.75AM - -— — -- ---'--'- Reports Lastmodifled .. .-. . .- { SMM1711:0714AM l�;_ _.-_etl _mSpal tl Nommwalaassipw el 8WepttgMLKtCode2s0.1oCP1 1 ------ ---- - ri rY ®ZBABwkotMapped19nBdWMLom 129`- Y BuScsdi4dutcs `^, S A4eemenfx CanVumBleasft i � P et of 1 __ _ •--•------..r---'r-----Eiil Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on "Board Actions"folder to open. .q 'j`Ki jtig `',� :.`'Yr:,,,a;s�:._ir=:rt^fi`-�:�iz�i- - - �'""`•'�� - '� _ k+C��,�#�l;��R'f'.7;`t,�;: _ -__ _- _ _ - _ _ _ y,'sb:,�:$fir•;;= - -" _ •-c,_ _ _ `-r-r :u- t-;�' -'e'tvt;- ,yy" _ -- "i:c' =''s;.�: -- �--��4•r=:3�-s.�;-.:e�...;.;e'-,�,;�:?:. �pTY18'-,-�'fY ��?;'�-��' - �fP`1�Lw.,�+Y�: ��'3#- � �'r��"Y ��``r,•S';�>�t�t- a h;;-Vis.-�.__,z'.,�,'s,`,zn„- __ "?-'=ate_---`'r- sty zY �.�, .,4 3' _T "TYx"a i✓S'�GL-5'�� 'iYl?t1as�' 1+a5RY�'__._...._—......__.--._ ....». ._.--._..-.-�_-._.._..__..�_-_.,..._...... ,�f�"��-, sY,-�""[',,__,,'_-.,,�.,-:-<,��_r:s` , .��->=��d;�;tq>a•'so-t-moi - - - �'---' �---- 'PAW komm 10 V � taametaal9ta,assfgrrerl- 1 -.� ��i3sG�5oeayvteLar�r�va-ttt4i> ��,at i I; '0487Wdlt[tilt _tQtl41-0 r=STiEP2AW',#rC t,PiRO4ODD-61-41 _ I ® 3£38s fiid0n.ifreLe'Ciusf ltladi2,&. 30' —_ ----- 'e t,-t � g BeF11�100t�31 art Pam lofli 3 _ I, -i �A A740bN2pp�1�0`HB-a-��$ Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is http://24.38.28.228:2040/webl in k/Browse.aspx?d bid=0 Laserfiche Instructions ZBA Files Page 3 Laser`llchr,lNe6LAnk= • - !y v r a p i i sgi : iolpe Bxos'_VsS' .�',e-ardl .TownOfSouthold� r%Boa,+d�t1+1>Aea15 Board ACt10J� Name Page count - i, ns 1957-1979 —_—_._-_—_ # path _ ✓, _ ( 2000 To",OO"ng Board I I_-- gwtttold - — _ —._ -_.. _ __-_-.-.---._�_----__.__-._-. OfAppeats�LB 8oirdAUtora �.py 10 2001 t, ereatbn date F,;; ----- ------- - - ---------- 7l10r=i72i:sspM §2,20QH ------ ------ --------- Last modified _ 00 2004 711 AM 02 OM 2006-__.___.-__.._—__.-_-___--_-_--___--�_..--______-- --_--.�- F NO v� _ 9�7009 X 2010 I`' 2012 E -. ,•: M3 2wa !t 2014 - E`+:'i-EM 2016 w • 90207 - --- - --- Pendft Above: Board Actions are listed by year. 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Y Laserfiche Instructions ZBA Files Page 4 Above: In addition searching by file no.You can also use the above search tool by typing the name or title of the applicant. '�L�se�Ti�helM�b[In{S•. •- - '- - -.,,- - _,F� - -'=o-- - _- - - -_ _ _.� i_,=amu_''_-'—' - ,..,. .-.... `_f�:'•-rt.n S,•-�..i 4{�Oustom#ze rearm -_ -I sortresults bX'Relevance 4- �j Records Management Seth - : �_-..dtr,,. .YI, 7016 F>daname Board Actions-83page(s) ` Choose frekl _._� { Page count:63 Template name:Board Actions _{ Pagell .:Cgiin and Kristen Cashel PROPERTY LOCATION:162 LowerSMngle HIILFsher. - Page a-.,19.2017#7016•Cashel SCrM No.1000-9-1-26 medmus approval to rem0_ Page 5..y 19.2017#7016-Cashel SCBM N0.1 0 0 0-9-1.26 6RANT.thevanances m S—ch terms ',j Page 9...CdLIN&KRISTEN CASHEL SECTION 009 BLOC_. Page 20_Thomas Ahlgren(Cashel)•PO Box 342 Fishers Island.Nl•... , i : Show more Information.. 7018 -{ --'i BoirdAcdons-S6page(s) Page coOnC 56 Template name:Board Adores Page 48_9:30kK-COLIN CASHELANO VartaMes wW&Article IdSect1W ANN.:. Page 48. gcets)KRISTEN CASKL*7016-Regµestproposed trellis located-m other tha_ - - `-_.jjk {3 show more information- -Above:Shows you files that can be found using phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.4-1. Lawfichi?WebUnk -Home BTOYtse. Seaiih ,TowrlofSoudroid oaf i' as ZdRMB9oad AppealgCbBAT f�Ifr4te.4(l�bCN.eg��lollCe�1�13�rui+Igs=-__i - - - - ;r-�y„ Mmute"endas/Legal i Name papWint { Notices/Hearings ! )A1957-1979 l R'Bltr�l va 1910-1999 .... - '� 0 2090zo69 Path a Tee#rofSotnRoldl7ardrij tloard t X12010 of Appeals 201 RBATMinUW1'A&1nda11L1gal itrotkesAieadngs f fh3 2012ft 1 Creation date m73 7PIGM01 ZST40 PM r2014 - - - - -- - - - - -- - - # E� Last modified Co 2015 ------- -- - ----- - ------- i2J11120162:1504PM - .: �2017 ` No metadata assigned ',) Page 1 of 1 - 1 l i Bib .______________T__ - -_ _ - _ mP.w!.dm��rimecevr:erzl5®rs7�??n�kve�t.Mirlmnmrh �.-_..•-. _ �. - _ _ ._ _ Above:Also, Minutes,Agendas, and Hearing Transcripts can be viewed. Laserfiche Instructions ZBA Files Page 5 �L'as8t11che Nleblfifi(1 -+'` m _Y_F - :'_c r=, s• K i. , R6�91Cr`�f H, Li �J-�t 'QiSgutTi xnr (fQ0 ai•-'x 'a�?R$A1i!utAoon .w Ho KA��_::,'+.;.Y .tat: Yr' , ;f'r�-c-rjE?S'r. �.�F� � :V11. i!;n�. �`,!,`��,.r'��SPt�nHS�}�J•+5�..:-`:..�.y �::Ye '�:��•�e.]tt'l�C d�•.r, 'h - h� 1... '• �!'.r,ai ni ,i� 'i2y-r{�.. '`;•t-�� 4t" - :e�. F`•..>"tip "i�.. vv.,� �-�� -s�: •`a+.`:`?72-. ;",,•.r;�:v.`ru�;n'. �' `:y�k,r:'tF, ::c,.:.�'s-:�Y•^� `:�,L.i}3•,'� .-,';�iizY:^ ,�ia,i: F'•�•a,ux....,ty, 5 �� -�,...-�.,,_+,._F�,.ae�3. ,'' s° ..,t i i-�1rf'ii zti.;' "t"�-;_a. L^r.c�.._:..:t- w�� •-5;,..s�.�^'s,�rJ�,.^,:�.t�n'�-._:�:nr'�^r• 2017 a#emunc ;' n 21 ZB"VQ4/2017. 7 -®ZBA 1,05 017 Agenda ~4 _.... ... ...._.. _._. ._ .._..__._........._.�..-....�.._-..__........__..._L..._._..__-. Path - - ®ZBk01/05/2017 HRaring 40 e ��BO,sd - .17.1 79lk01/05l20171N .... . ..,- .. __- _•- "3- ... ..... ..__._.. -. .- .._ FFt>llceslFteeitf�s1m17 ~'� ZBA-0V1912017Agenda ... .22 Creatf6ildB 12/1&=62.5:14 PM o}� ZBA02m2r2D%7 7 1e5C1nOdf(kd .'. ©Zt1A-02lOZf2017Agenda 4 - Z t;i 0--2=70't7-acingAS t s•�i P�-6MO=7AS3:59 PM ZBA-W"t7w ' ' -•-- - - - -- -3- sfWriY,, 'j _I No melm:Wa ass4ped •-1' •__• 0 78A�7Atit20175petlal^ ,•-„_ _ _ 3 zaA 060%WOMM, M431"17 -7 - - - - - - - - ®ZBA-0370Pl2017/�genda 4 I ®ZBAA IOMD17 Hewing 65 ®ZaA-WIO2p17 Agenda 9 0 ZBA-03l16r10775peUa1 _3._ '4 .45 Alydve; Agendas; Minutes�and Transcripts are in chronological Order. Revised 6/15/2020 Westermann, Donna From: Michael A Kimack <mkimack2@verizon.net> Sent: Thursday, July 29, 2021 6:09 PM To: Westermann, Donna Subject: RE:420 Pauls Lane LLC Hi Donna. Just dropped off for amendment today Sent from the all new AOL app for Android On Thu, Jul 29, 2021 at 3:19 PM, Westermann, Donna <donnaw(o-)_southoldtownny.gov> wrote: Hi Mike, Just to follow up on this—I have the hard copies of the site plan which was revised on 7/16121. You emailed me a PDF—thank you. We are waiting for the Building Department to give us an amended NOD. Have you provided any new documents to the Planning Department? Just want to make sure all departments have the correct information. Thank you, Donna From: Westermann,Donna Sent:Friday,July 23,20218:14 AM To: 'mkimack2@verizon.net' Subject:RE:420 Pauls Lane LLC Hi Mike, I'm so sorry to hear—I hope you are feeling better. I will put a note on the paper\,N--ork. IThank you, I j Donna t From: mkirnack2@Lverizon.net [mailto:mkimack2@,verizon.net] Sent: Thursday,July 22,2021 9:17 PM To: Westermann,Donna Subject: RE:420 Pauls Lane LLC Hi Donna: Just got out of hospital.Nasty tick infection. Will submit to building for amended NOD Best From: Westermann, Donna<donnaw(a southoldtownny.gov> Sent: Thursday, July 22, 2021 12:49 PM To: 'mkimack2@verizon.net' <mkimack2@verizon.net> Subiect: FW: 420 Pauls-Lane LLC Hi Mike, I wanted to check on the status of this application. I know we spoke about amending the site plan and NOD. Has that been done as of yet? I do have a PDF from Jim Deerkoski showing what will now be proposed, but I will need an updated NOD so I can send out the application to the other agencies and the ZBA board. Please send me an update so I know-where we are, and I can inform Kim as well. Thank you, Donna From: Westermann, Donna Sent: Monday,July 19,2021 9:43 AM To: 'mkimack2@verizon.net' Subject: RE:420 Pauls Lane LLC Hi Mike, Perhaps doing an amended Notice of Disappro,al after the interpretation in September-could make more sense"? 2 Give a call to Kim if you have auvy cluzstions/'concerns. Thank you, Dolma From: mkimack2@verizon.net[mailto:mkimack2@verizon.net] Sent:Monday,July 19,20219:35 AM To: Westermann,Donna Cc: 'James Deerkoski' Subject: RE:420 Pauls Lane LLC Hi Donna: We are amending the site plan. This will require an amended Notice of Disapproval and 8 new sets of site plans to befiledA will,have Jifti send you a PDF of the riew•plans,, = .,Best From: Westermann, Donna<donnaw@southoldtown�oy> Sent: Monday, July 19, 2021 9:04 AM To: Michael A Kimack<mkimack2@verizon.net> Subject:420 Pauls Lane LLC Importance: High Good morning Mike, Can you please have the Engineer(James Deerkoski) send a PDF of the current site plan (last updated 7/1/20)to me in PDF. I want to include all documents on Laser Fiche. Thank you, Donna Donna Westermann 3 Zoning Board of Appeals Town Annex/First Floor 54375 Main Road P.O. Box 1179 Southold,New York 11971 (631) 765-1809 4 July 19, 2021 RE: 420 Paul's Lane LLC (Interpretation-#7543) The attached site plan was submitted by Mike Kimack on July 19, 2021. He stated that he will need to update his Notice of Disapproval with the changes, and will submit originals once that is complete. l ; ON 16 LIBRARY AVENUE SUITE C �r&�O ] � WESTHAMPTGN BEACH ) ROA `, ;I NEW YORK ,1999 MIDDLE• ROAD (C R;,48 ` PHONE 1-631-76')-6071 .HUI EMAIL C RAIG(_1a DASTUoioNY coM it WORK NOTES 59 t 20" E 103 8' 1945'4• PROPOSED SITE PLAN I AREA=115,761 sq It w^Hn 3 wm.rt�o worts ..^ F4 N 59'19'20"W A Z ir. �► r °� PAUL'S LANE LLC 2658 acres wcl� PECONIC,NEW YORK SCALE 1"=30'-0" s NA o SITEPLAN INFORMATION 21 —— SCTM#1000-75-04-05 IS BASED ON A LAND SURVEY g PREPARED BY NATHAN T CORWIN a AREA=115,761 Sq.ft LICENSED LAND SURVEYOR R b LAST DATED NOVEMBER 24,2016 n s 2 658 acres 2 ]O> C� 2 ]D> i C� � SCALE 1"=30'-O" PROJECT TITLE 8 LOCATION: Lao � PROPOSED SITE PLAN I a 9500 SO FT I PAUL'S LANE LLC CONVENIENCE STORE I PECONIC,NEW YORK oi I m � SCTM#1000-75-04-05 BUSINESS'B'20NING I N 64.00'00" E iY-� a LIMITED BUSWEIS'LB'ZONING s.3 ... , 195.50' A .333 A Ln SHEET NAME / a SITE PLAN A o O �O HO i� \ m ENGINEER ENGINEER'S SEAL: o0 / 53 c \ OWNERSHIP AND USE OF DOCUMENTS' \ Tease drawings and specifications Including the 2 / I � � r Ideas,dessign and arrangements represented \ / a therein,are the property of Deerkoskl+Arm \\ Design&Engineering,DPC / r No part thereof shall be copied,disclosed to of 0 others or used In connection with any work or project other than for which they have been prepared out written S -'>a�T `^ ©EERKOSKih ARM OESIIGN 8 ENGINEERING EERING DPC w43 I_C3ACc L, PROJECT NO. SCALE \ i _ 2018-11 I"=30'-0" , DRAWN BY: CHECKED BY. ,4 I CMA JJD LOADING I m I Issue Date Description 1 01-22-2020 PROPOSED SITE PLAN 2 07-01-2021 UPDATED CALCULATIONS 1213 SO FT STORAGE WORKSHOP EXISTING ASPHALT DR,VEWAY 3 07-16-2021 REVISED LAYOUT ' PANTING n RECEIVED Z 2 EXISTING 1 STORY FRAME BUILDING J I I- g n 91 590 SO FT c I p v STORAGE /WORKSHOP N Zoning Board of Appeals E N 51 � OJo O OUSTING'ASPHALT DRIVEWAY W 33 , S 61'39'00•• W .,, 4 ,,,,, ,,,,�� 299.00' SHEET INDEX- LONG ISLAND RAILROAD(MTA) P-001 IDOB NUMBER OF. I' ,I I Westermann, Donna From: Fuentes, Kim Sent: Wednesday,July 14, 2021 10:01 AM To: mkimack2@verizon.net Cc: Sakarellos, Elizabeth;Westermann, Donna Subject: Planning Board Interpretation -420 Pauls Lane Attachments: 1000-74-4-5;#7543-Planning Board Interpretation - Pauls Lane.pdf Hi Mike, The Planning Board has requested an interpretation relating to the subject property. See attached. This office will post a sign and mail notices to announce a public hearing at the September 2, 2021 Regular Meeting. Please contact us if you have any questions. Kim E. Fuentes Board Assistant Zoning Board of Appeals 631-765-1809 kimf@southoldtownny.gov Location: 54375 Main Road Mail: P.O. Box 1179 Southold, NY 11952 1 SEE SEC NO OGS i P.IATCH_ _ _ _ _ LINE 172563' i ,C 123 FOR PCL NO 124 5 2A,0 _ SEE SEC NO QI _ 47A 055-04-018 _HELL RD____ _`(4Ssm 'a^ _ ,•a`5`r� _ ,I,ry�,• in ID2 '� ^ 122 r704' a RO s 5 9A 2 cl 7 E 3SP\ Oq ., • (TOWNOFSOUrr GLD e1- .4" ✓E,'EL'JPhtEi`fT Rfu^N iS) O16 q(cl ti v :el'' S OLA s ?3q(cJ .•`� :3'0 Al cb cc Nn,0 a_,` 4alljf 3y, RU7v"ep O H02.j•„ clO 06, ^ 7, 5241• �� P'• �,,,\ ti��e� `,0�� rf �� C1y y° ,�• '.9 P �'` a% \`130} r ,✓:,,,yam ♦ +.6, � , z `�P '`� � Q:. 5p ,ns,'�\ 241 z� e alp - j•T �_ „ •\ 0 105Afc) 48 ns ti,-0.Y ,.a- \ n/ ,f~ ,•c.9ti TOWN OF SOUTHOLOJ z 'All ` ,`ti� 'S n) 242% ` u �� 1 /4r 1� \ ri• 6 P�cl. ly11 E I lb 14 0A TOWN OF SOUTHOLD . „! 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