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HomeMy WebLinkAbout1000-102.-3-1 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ' �" P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals (ZBA) Cc: Julie McGivney, Assistant Town Attorney From: Donald J. Wilcenski, Planning Board Chairman Members of the Planning Board Date: July 25, 2023 Re: ZBA#7800, RQA Properties, LLC 29950 NYS Route 25, Cutchogue SCTM#1000-102.-3-1 The Planning Board has reviewed your request for comments regarding the above-referenced application and provides the following for your consideration. This site and the submitted as- built plan do not comply with the site plan that was approved by the Planning Board in 2006. An amended site plan review by the Planning Board is recommended if the ZBA's decision results in the site remaining noncompliant with the 2006 site plan. Subsequent to the ZBA decision#5759 issued in 2005, the Planning Board approved a site plan in 2006 for the construction of a 1,759 sq. ft. auto repair shop and associated site improvements including but not limited to vehicle circulation including a driveway to Rt. 25, parking stalls, drainage and landscaping. In 2009, the Planning Board sent a letter to the owner (Richard Bozsnyak) in response to a request for Certificate of Occupancy (CO). This letter acknowledged certain as-built changes made during construction and stated that the site was satisfactory with exception of the temporary structure (tent) required to be removed as noted on the approved site plan in connection to a condition of ZBA decision#5759. Though the owner mentioned that this structure is an asset to the business and alleviates any potential impact the operation may have on the surrounding properties, it was advised in this letter that the request to maintain the structure is under the purview of the ZBA. Based on historical aerial photographs, it appears that a 1,157 sq. ft. addition was added on to "existing building #2" (approved in 2006)without proper permits between 2015 and 2016. The subject site and the submitted as-built plan is not in compliance with the approved 2006 site plan. Also, there are inaccurate dimensions for building setbacks shown on the as-built plan provided; and the as-built site plan creates the following concerns: i. "Existing Building#2" was approved at 1,759 sq. ft, and is currently±2,916 sq. ft. Because of this increase in building area,the aisle width behind the parking stalls near there no longer meet the Town Code requirement. There may be the potential to decrease the number of approved/striped parking stalls on site and allow for code compliant aisle width to maintain safe site circulation. This could potentially be achieved through an amended site plan application review by the Planning Board. ii. The front parking stalls and the access driveway to the south have been modified since the approved plan and are not compliant with the Town Code. Similar to the rear parking, these front-parking stalls may be able to be reconfigured to meet Town Code through the amended site plan process. This particular parcel is located on State Route 25, however it is also adjacent to multiple residential properties. The Land Use and Zoning Chapter (Goal 7) and the Economic Development Chapter of the Southold Town Comprehensive Plan encourage the growth of existing businesses while balancing economic prosperity with maintaining a high quality of life, the environment and the unique character of the communities. Absent any nuisance noise, odor or traffic complaints from the neighborhood, this business appears to be consistent with the Comprehensive Plan by achieving that balance. If you have any questions or require additional information, please do not hesitate to contact the Planning Office. 1yage 12 BOARD MEMBERS ` � � Southold Town Hall Leslie Kanes Weisman, Chairperson ` "t 53095 Main Road•P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS � . � TOWN OF SOUTHOLD Tel. (631) 765-1809 �RECEIVED ... ....... ., MEMO A�:�IR 0 5 2i0 TO: Planning Board PlaruruiBoard FROM: Leslie K. Weisman, ZBA Chairperson DATE: March 31, 2023 SUBJECT: Request for Comments ZBA # 7800 RQA Properties, LLC The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, and current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. Applicant: RQA Properties, LLC Tax # Zone District: 102-3-1 ZBA #: 7800 Hearing Date: July 6, 2023 Code Section: Art XXIII Sec 280-127, 280-123(A) Date of Stamped Site Plan : 3/9/2023 Pre ares of Survey Mark Schwartz & Associates Thank you. (Enc.) FORM N0. 3 Cc) ..... TOWN OF.SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: May 23, 2022 Revised& Renewed: March 15, 2023 TO: Michael Kimack (RQA Properties LLC} PFJ Box 1047 Southold, NY 11971 Please tatie notice that your application dated February 9, 2022 For permit to le aline several as-built additions and accessorV structures at existiz aufo bod ame airy�aA a s at: Location cf property: 29950 Main Road Cutclao ue County Tax Map No. 1000 - Section 102 Block 3 Lot 1 Is returned herewith and disapproved on the following grounds: Pursuant t,- Article : ;SII Section 21I0-127 the aro)osed use rehires site data a royal ftonaSoutlaold Town Pl.atanin l32ard. 3" emoted additions on this taota-c onfrarrrai�ag 3'141IQ arcel i the Iesicietal R-40 district is rpt et°miffed ttrsuataf tca A�•ticle��III Section 20-123 A and riot.°a.ltertaafive relief of l A file X57 9 which ranted: `a 25°!u increase of floor area to be added at the rear ofthe �°itaci aal buildi.ta octet iccl b tlae a lic;atats re aair bhines "'' conditions snecificall 6. and sub`ecf to The as-buil w site an shows an addition to the rear structure which is 65.82%1 lar er tlaau�the alternative relief arevicahl; raiatednall it shows a tent-t e structure on concrete slab which vas onditiotaed to be removed. Ais diva l--oval has been revised based on an updated site plan received March 14, 2023, which indicates accessory buildings being relocated to conforming setbacks, irdditionally, with one being removed„ You may now apply to these agencies directly. AuthDrized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review ky the Southold Town Building Department. CC: file,Z.B.A,Planning Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No.-Mostreet Hamlet�C 04 SCTM 1000 Section jo 2 Block__,? _Lot(s) / Lot Size5ZtjAr, I Zoned E)APPE L HE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Owner(s): LL C Mailing Address: �f '" _CW"�! I Telephone: " - jRXax: Email: NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: OZ ' A*W Cg r 0 Owner( )Other: Address: O_ U47 t / Telephone -j6 Fax: Email: Q< Z Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Gwner(s), Q0 Authorized Representative, ( )Other Name/Address below: WHEREBY Tip UILDINC INSPECTOR REVIEWED SURVEY/SITE I� DATED V 9 99 and DENIED AN APPLICATION DATED '. FOR: W Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: /1 Section: O Subsection: Type of AppeaL An Appeal is made for: (4 A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section Revers 1 or Other A prior appeal has, ( )has not been made at any time with respect to this proge ,UNDER Appeal No(s). Year(s). ' 'G7't". » (Pleme be sure to research before completing this queation or call our off ce for assistance) Name of Owner: ZBA File# 6-7Jr9 ,f Ioef4 *a. gM - 19Ge 10bllrAz N G• Yt70 7 - 1,9 P'o E' EN O- l964- -1974 AWS d. �� EASC1NS OR APPEAL A L (Please be specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to ne'uby properties if granted,because: r ' r / ,PR taxa► 0a 7 0Y A ,�Vae,mss'a044. 77 �r, � r 8 � ✓ VWA 2.The benefit sought by the applicant CANNOT be a - ieved by some method feasible for the applicant to pursue, other than an area variance,because: F pe We 70 MRV1 V,& �C4VO&I E'er y IhWke iW-4 r N A44AP TO /IAX/N/Z,& 72V AvtVA?,4d V 4 AA-69 3'"O rM•9' d!= T rr 1 "/ -"T,e4,r ^06�6r- ' TWe ro P"4CO7,y 0' 0M1lR o,VAe `/ 7X1- Rr-W G,A-?70A - TAY,4- Mkr ReP6. 0401r 7"�aP" tl�Ny- 3.The amount of relief requested is not substantial because: 1714 A&(UlAlr 0,0C, /f'-'� 110GC1jE:j e, UAvPe e 7WA6' AA'1 QW .VC. /0 G—149 F0 7© !A/C1'e ,6 40veoa 4VWICA� 7765A', a _ " e-0U),094E •SOW" W 7Z , OR 6 �!//GT��/6�✓`2 S�'A/Jp11�'o tl 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or distract because; 1W "4C IZI I.1A..5" "k',�S"o�"��' � ► ,l"c�'�" l�e�* ". C",0 t('d77tW 0W10,e 7-0 r19,,6, p,#S".S.a�6,, CA- oe eOW/AIS 6167 '� A?1cj," /-0 HVAI>l �!4' V eh"Y , ''/,�ZAZIZ P V,64Z41AIS 5,Has the elle e lflicu t been self crt ate " e ,or 0y: Are there any Covenants or Restrictions concerning this land? {4 No { ) Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. gigmatu e fAppllcant or Authorized Agent (Agent must submit written Authorization from Owner) l Swo aero b cart c tri _ day of �" ..._ Notary Public DIANO QISALVO NOTARY P<aU1Q,;;TATE OF NEW V6fM No, 01014 78593 QU0111100 In Uiliolk County MV Gtatnt ISsion Upltus,Ap6l 30. 20 APPLICANT'S PROJECT DESCRIPTION APPLICANT: id ,4, ff DATE PREPARED: ? 1.For Demolition of Existing Building Areas Please describe areas being removed: A167Ale II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: A107646' Dimensions of floor above second level: Height(from finished ground to top of ridge): 12 AW Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ,21E 11ex Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: �"",r�'t IM, Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: Aura VI.Please describe the land contours(flat,slope %,heavily wooded,marsh area,etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): A ' Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012