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Home My WebLink About1000-96.-1-1.2 BOARD MEMBERS �� Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Of ce Locat_iQn: Gerard P.Goehringer ""°' Town Annex/First Floor,Capital One Bank George Horning � � "� 54375 Main Road(at Youngs Avenue) I Southold,NY 11971 Kenneth Schneider � ""� �, � http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 •Fax(631)765-9064 MEMO TO: Planning BoardDEC �.�� aC2��hWd Tfjwri FROM: Leslie K. Weisman, ZBA Chairperson Plact in Board DATE: December 9, 2014 SUBJECT: Request for Comments ZBA #6823 — 115 Commerce Dr. LLC/2232 Roses Brook Farm LLC The ZBA is reviewing the following application, and enclosed copies of, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and 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. NAME TAX.#% m ZBA HEARING VARIANCE PL- _w_w...ww_.............m_ www........_._. _ ANS PREPARER ZINE DATE DATE STAMPED 115µMµ .µµµ._.__...._. 96A 1...2 #...6823 1/8/15 w ..� 280-63 12/5/14_...._ A ........................._... DiGiovanni Commerce LI Zone & Dr. LLC/2232 Associates Roses Brook Architects Farm LLC Your comments are appreciated by one week prior to above hearing date. Thank you. Encls. FORM NO. 3 ' NOTICE OF DISAPPROVAL M• ...._.. .. ... . '`' DATE: December 1, 2014 TO: Marty Kosmynka of 2232 Roses Brook Farm LLC 115 Commerce Dr. Cutchogue, NY 11935 Please take notice that amended construction drawings of 11/25/14 For the construction of a third floor at Location of property 115 Commerce Dr., Cutchogue County Tax Map No. 1000 - Section 96 Block 1 Lot 1.2 Is returned herewith and disapproved on the following grounds: The "as inbuilt" construction-is not permitted pursuant to Art. XV. Section 280-63, Bulk +che the maximum permitted stories is 2 . The "as built"p gjjt ..iiidicat a 3"'steer .coilditionecl,s ace. 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, ZBA APPIACATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House Street letu 76"W1 —Lot sizc_y� SCTM 1000 Section 'L6 �Block__LLot(s) d I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED _ ) o StIRVEY/SITfi,' PLAN DATED BASE] ON , Owner(s): Mk IqTY On'-5,z!L�(ka r_ 4 *7 _32- Rose: 4 FAP, ------------- MailingAddress: Telephone:,—_4 t 1 Fax: I 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: .__-Jor(415wner( )Other: ;-0 kfj CL, iC140-7uLs- Ll C ic Address: 3 Telephone: Fax: It( ............. Email: ....... PIiZa e check tospecifjwho yon wish correspondence to be ntailed to,front thea above names: Applicant/Owner(s), O Authorized Representative, O ()ther Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED LI_�_�SN__�'D/ q and DENIED AN APPLICATION DATED J) - I j,"/wOR: Building Permit Certificate of Occupancy Pre-Certificate of Occupancy O Change of Use O/Permit for As-Built Construction Other:,,,, .................... Provision of the Zoning Ordinance Appealed. (indicate Article,Section,Subsection of Zoning Ordinance by nut1) rs.Do not quote the co( ��111 see 'Is '2 _ tioo.� Article: Section: Type of Appeal. An Appeal is made for: 5 76- 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. (-jInterpretation of the Town Code,Article Section-,_) 2(o - 6 -3 .................... O Revet sa or Other ............ ' lias, has not been made at any time wit4 A prior appeal _r�s e� UNDER Appeal No(s).,6 159 Yeamade (Please be sure to research before completing this question or call our off icefor assistance) Name of Owner: ZBA Fileg Name of Owner: ZBA File4 REASONS FOR APPEAL.(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 nearby proper-ties if granted,because: t Z C> t 1,The berrefthought by the applicant& OT be ach teved, by sora method feasible for the applicant to pursue,other than an area variance,because: kp <\ est ArR"A"Pe\-e— 1 The aniount of relief requested is not substantial because: '5 7 77/C o OD-� 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: C\ 0 V_2> ':_ V -4--j Q <a- 5.Has the alleged difficulty been self created. Yes,or No Why: Are there any Covenants or Restrictions concerning this land'! (�o Yes(please famish 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. „$tl nature of A plicant or Authorized Agent (Agent must submit written Authorization from Owner) Si a>g n to before mc this, 15 a;Iy 0 Notary Public VICKI TOTH Notary hila;Slat of,New Yort No.011`000696 Qualified in Suffolk County Comrilission FxPires luiv AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made on this 13 day of March, 2006, by Tide Group, Inc. hereinafter referred to as the DECLARANT, as the owner of premises located at County Road 48, Cutchogue, New York and known as the Map of North Fork Industrial Park filed in the Office of the Clerk of Suffolk County as snap No. 11215 and described (hereinafter referred to as the PREMISES) as SCTM No. 1000-096.00-01.00-001.000 desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: WHEREAS, DECLARANT has previously filed with the Suffolk County Clerk covenants and restrictions in liber 12367 at page 87, and the DECLARANT hereby seeks to amend the covenants and restrictions filed only to the extent set forth herein; and WHEREAS, the Planning Board of the Town of Southold consents to the amendment of the covenants and restrictions upon said land; and NOW, THEREFORE, the DECLARANT, its successors and/or assigns hereby sets forth the following covenants, agreements and declarations against the above described property: 1. The DECLARANT hereby agrees to reduce the 20 foot wide vegetative buH'er area along the easterly line of the Map of North Fork Industrial Park filed in the Office of the Clerk of Suffolk County on January 27, 2005 to a 5 foot wide buffer along the easterly line of lots 4 through 8 inclusive. Description of said change is attached hereto and made a part hereof as Schedule A- 2. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 3. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 4. The aforementioned Restrictive Covenants shall be enforceable by the Town of Southold, County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said Town to enforce the same shall not be deemed to affect the validity of this covenant. 5. These covenants and restrictions shall rune with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the majority plus one of the Southold Planning Board, or its successor body, following a public hearing. 6. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be umconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The Tide Group, Inc. w By ..: w ! L.& , Henry 1 ayno ,resident STATE OF NEW YORK) )SS: COUNTY OF 'Ul`,`FOL ":) On the day of March, in the year 2006 before me, the undersipied, personally appeared HENRY RAYNOR personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose names(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrwnent. NOTARY P1_J t, COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof, do hereby certify that I have compared the annexed with the o 2ginat 4 a.*#,»., � . . and that the sam� µREC�0I1:�Ef� in m .... Y office ...... e is a true��Lc.. /�Sf yj�f• Y-7 d' copy thereof, and of the whole of such original. In YY / .Y / ................ the seal of said Count and Court this ..........._3 .?-,Z. o � Testimony Whereof I have hereunto set m hand and affixed CLER14.1. C4..............».......... APPLICANT'S PROJECT DESCRIPTION APPLICANT: 19 w ` I/K ' DATE PREPARED: 1.For Demolition of Existing Building Areas Please describe areas being removed: _ �. H.New Construction Areas (New Dwelling or New Add itions/Extensions): Dimensions of new second floor: ��„ W"" �� '� �� Dimensions of first floor extension: � � /./ a . Dimensions of floor above second level: � q Height(from finished ground to top of ridge): 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: ww. Number of Floors and Changes WITH Alterations: �ww J" C ' www 1 2 0 Calculations o ur ing a reas and 1 ec ve (from surveyor): Existing squaue footage o buildings onyor .p � erty .... .� .....- `.. Proposed increase of building � .I . . Square footage of your lot: L Percentage of covet-age of your lot by building area: V. Purpose of New Construction: 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): _.w.......... ..........w_........wwwww..... ........ ��._... _w._.............. Please submit S 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 1 t� 7 i 1 � ,,,,, ��fr�i6�///lir �f i�/�//�� /%/^�OD;,,, r 1�r i�%�ii � / p�J�X96 t�� 1 , � ��;��' �� , t, 1 �� , 0 1�� '� �, ��/ �hti '�; art, /r'/,,,,,, i/,��i 1�� /��r �d �, , , „�: , /1�� 1,�"'�l��e��, � �� r��% `'��';�/ �r;��,f r � r t �'�i�'l�iti ��l/��✓✓ r fl(�g`��ir%� �1�+�11��rf� f Jnf� �, il��M �r��.,,,; �,� e — 1 fff�/ / u iI� "; ;i ✓PN I Nl/1 i m 1 j,' �l w,wlr iii% U1/r w a „, ,Iv !0%/��/O/r��J��%iiry, rr '77, r/i/r rr r /W f/rri Jrl ism vn! HUM,a 1101rr �/, V ONES y r r ! r I" IIL I ;� �, r ,a !r ;�' ,I, �d, � i r✓I)ril�/�,ii ,,;,/ �/J ��I��t��/ //// rl i� �, "Y her C;i r% i r as i� n., r 1 '„ � f l�� ✓, t /i��j/%%ljr � ,;, ��i r'�'i��r%i, o� 1a"n�� ' r � ' ,,�, 1 v r, r f f �, ^✓dir ... A l fifi e r. f f r JJ r /c ,c INS2� j Uy a Wn TO v 1 fh N t 0 l,i Am a� r � f r' , A...�� ti �' ' �. r �� 4 �„ �,.,. a' w� ,,. is°, 6��'�'u r� - , �� , ,�,✓ �� /, //i �ii r/ � p rind %��' I%y/�� //i/�iii��1�� i �i ii�r//p///�f/�%j%��' // �� v ,�i, i ��// 1, � � v� i/� /,a, �,�, �fi��///�l /i 11/�j �/, //1 �� 'o�/ l l Ji � d i ��1 �/i/ i t 0 %i//��i'�/i��/,��i � r r / /j Vii//�H��//��/��f�� it `' �r "r�%/'��'�� %i9r�rc, '% � �/��i i/i�� ` 0 �, �G/'� � / � 1t �� ii�l �� r � 1 o�� 'r q �� r � APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The,fawn of gf.flq&knL!w to rovide inforniati iflicts of interest and altim tri alert the town Ofp(gsjjbftc_C011111cls of yit _ e Ahqtqv=tr action YOUR NAME : .k .i-' Tfi"L_42661 . (I astnane,first owne,middle initial, ..... unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance _i� Trustee Permit Change of Zone ............ Coastal Erosion Approval of Plat__...................._w_.- Mooring Other(activity) _ww........___ Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town-of Southold Title or position of that person ......... Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP ................... ............. ...... ............. ........... ............... ...... day of 0 - 20j Submitted this Signature w. .......... Print Name ./\ INTI ......... TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED'PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Date: 3/3/2014 Permit#: 38661 Permission is hereby granted to: 115 Comm. Dr. LLC/2232 Roses Brook-Rd-Farm—LLC111-11 50 Commerce Dr Cutchogue, NY 11935 To: construct a new Commercial Building, including self storage, accessory office & caretakers apartment per ZBA & Planning Board approvals as applied for At premises located at: 115 Commerce-Dr.. Putph,99.4e..-.' SCTM # 473889 Sec/Block/Lot# 96.-l-1.2- Pursuant to application dated 12/1912013 and approved by the Building Inspector. Toexpire on 91612015. Fees: NEW COMMERCIAL, ALTERATION OR ADDITIONS $10,005.60 CO - COMMERCIAL $50.00 Total: $10,055.60 Building Inspector QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes 7N. B. Are/:here any proposals to change or alter land contours? L......:N0 Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses?_, ... 2.)Are those areas shown on the survey submitted with this application? 3.) Is the pr` ..... op� y bulk headed between the wetlands area and the upland building area? ....1✓0 W 4.) If your property contains wetlands of pond areas,��have you contacted the Office of the Town trustees for its deterntttiation of jurisdictiorl?w PL1 Please confirm status of your inquiry or application with the Trustees: m_ and if issued, please attach copies of permit with conditions and approved survey. D, Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? µ E. Are there any patios, concrete barriers, bulkheads g}-fences that exist;that are not shown on the survey that you are submitting? ,_l ww........mm_m.Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? A/0 If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? �U If yes, please label the proximity of your lands on your survey. 2 I. Please list present use or operations conducted at this parcel ' U�J v.....�.......L...9..6__ _ LC_ .- and the proposed use /1� ._._._._. . ------ (ex: existing single family,proposed:same with ..............w garage,Pool or other) .......... ..................w..._ ......,__. w_.... p Authorized signature and Date AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. PP ....... 2. Na t. Address of Applicant: 3. Name of Land Owner(if other than Applicant) /f -5, r M pe i CLQ ?l - t; 4. Address of Land Ownen..wva ' �°!.? ! 4,1 5. Description of P,f�p '�µl Project:. . %�G w............ _ _ww.. w__...w_...................__. ..v... . 6. numbeLocation of Prope : (rod d Tax..ma/d/f��..... ........_..��w .._� r,._,. ..._..........w_................................... .._ ,. 1�............._.................................................................. ......._.......w......_.........w._ _..........._..................... ..,,, .. ,.,,,_.... ,,,,,,_...........,. ............._. 7. Is the parcel within 500 feet of a farm operation? { ) Yes { No 8. Is this parcel actively farmed? { ) Yes { ) No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. D NAME and ADDRESS ........., ._---- ...w_. _... � �s g ...... L7 �L� �� G / 1 � T � u . _. ....w. ._ 3 ... t2..._4. ... . ..................w... ... , _.......,,�.. .... . ...w. ...w...... _w ,.,.._ ........... 6 .... ...._.. .... ........ _.,. ..............._.. __..._.. ..... _ .._....__ .... .. .. .__... . (Please use the back of this page if there are additional property owners) r _ . _ . ...� .___._.... .__ .._._. .... . ............ t natutc of Applicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at die time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. ...... Part 1 -Project and Sponsor Information _..... _...�w.._. __...m...._w_.......... .. .................. .�...ww.......... A A._..� FoX kl _..�� .��,►�� :� �. . Name of Action or Project: " ... . . ` ? . . ° / , r7 ............ w_..............._ wv_._.__... .._..._._ w_w.............._...................._. __......_....w Project Location(describe,and attach a location map): r� Brief Description of Proposed Action: � L %17-0� / G 15'-/C �✓be c�sLT � fs1 L 17 //J6 [,r � T Namc of A .. ...... .... ......... _ ......._.�.�..... . pp icant or Sponsor: Telephone C. . W 8,51 P��5 �...... ..... w ... :.. .: _ # .. . -Marl Address: 670 City/PO: .. _.....p/..� State Zi Code: //__/I 1.Does the proposed action only involve the legislative adoption of a plari,local law,ordiminc e, �I�C YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmentalg y? A enc NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of t ...... _w ...... _._ ....__. _ .. he site of the ro osed action? b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres �t. Check El U banuses❑l Rural(non-agriculture)adjoining and .. .__• and at occur on, ❑e r the proposed action (suburban) ❑Forest ❑Agriculture ❑ Aquatic ❑Other(specify): ❑ Parkland Pagel of 4 5. Is the p posed ac....�._.....w.._._...._ _..... .w._.._................. ................._.. __...w..............._.._.............._. ..... .__.. ._m w ... ....__ ,-S.. ..N/A NO YE ro ti n, _.. a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? _ .._......_.w.w.._....-._.�.__w.....,,.,., w_......__,m....w_ _......__.. .._w w.... _:w.. .._............... ...._.. ..__.._.... ..._._.w ... 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES - landscape? _._. ._... _.........wwww.. .. _w._ ww..,w,............ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: ..... _... ...._r .. ... . _.........._.. .... ...... .. ..._ 8. a.WWill the :w:Ww Y.. rtFµMµ W tial W�...... Bove present levels? _YES proposed action result in a substantial increase in traffic a..._........_r � � � _... _,..... b.Are public transportation service(s)available at or near the site of the proposed action? n pedestrian accommodations or bicycle routes availableonor near site of the proposed action? YP _ _ _ _ S 9.Does the paction meet or exceed the state ode requirements? µMp NO YE c.Area proposed gY q .. _w ... If the proposed action will exceed requirements,describe design features and technologiesr W proposed 10. Will the osed action connect to an existing public/private water supply? w.µ........ N N ro NO YES If No,describe method for providing potable water. ...._ ...._ ._.............�.................,. .... ......._....__._.w... _:w..._........_....wv......tewater..u...tili...ttes ........w _..._..............._.... _.....,,NO........ YES... 11.Will the proposed action connect to existing was If No,describe method for providing wastewater treatment: 12. a Does the site contain a structure that is listed.. ..:::. .. h .. '" o ••____.nal ..Register ... o .._.... ._ _. on either the State or National Register of Historic NO ,YES Places? b.is the proposed action located in an archeological sensitive area? 13.a.Dw�tlands or other waterbodies regulated by a federal,state adjoininthe proposed action contain portion of the site of the proposed action or landsNO YES e or local agency? ' b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres ry ❑ Shoreline El ❑Forest es that occur Agricultural/grasslands ❑Early mid-successional all that 14. Identify the types , y to be found on the project site. Check apply: ssional ❑ Wetland ❑Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listedO Y N .... ES by the State or Federal government as threatened or endangered? 16.Istheproject site located in the 100 year flood. plain. ...� � NO YES .... 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YESW If Yes, / a. Will storm water discharges flow to adjacent properties? C NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff an storm drains)? If Yes,briefly describe: ❑NO 10 YES Page 2 of 4 proposed action include construction or other activities.�_.............w........M.._.v._. .wp_........M..w_.� ~......_..._ �___..._..._. 18.Does the ro� ion inn construction that result in the impoundment p poundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: _... __..w.ww_........_ 19.Has the site of the proposed action or an adjoining Properhbeen the location of an active or cW_low..s.edMNO_._ Y E......S... _ solid waste management facility? If Yes,describe:, $/ 20.mHas the....site of the proposed action or an adjoining property been the subject of remediation(ongoing. yor m NO YES mm completed)for hazardous waste? If Yes,describe. _..... � _.___ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND AC"....." _..... CURATE TO THE BEST OF MY KNOWLEDGE _ App�hcant/spo art. d..� .... ... Date ....... ................. ..� ..� ..... .........u..... Signature: " Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the('61lowing questions in Part 2 using the information contained in Part 1 and other materials submitted by the proale t sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" .... �.._ �.............� _w ....... w.w_�._ .._......M�... _ww__.w ...... ......._._.r......_..._ ...........__.........._....... ... .......... .w... ..No,or........ Moderate.. small to large impact impact may may occur occur 1. Will thep roosed action create a material conflict with an adopted land us�.�. . .... .... in p e pllanan or zoning regulations? .2. Will the proposed action result in a chap...�.. w.... .... g.... ..... .... ... _._ . . .......__.u._w_. e in the use or intensity of use of land? 3. Will ty oft the proposed action impair the character or quality�•��•� -�� p �he existing community? 4. Will the proposed action have an impact on the environmental characteristics cs that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in adverse mmchange mimn the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? _ 6.- .Will the proposed......._.vw...._. .._... .w........ww .__w..............m...... action cause an increase in the use of energy and it fails to incorporate reasonably,available ei ie!R conservation or renewable c rrery pp tc _....,.._ ..w.___..__w.. . _.........__ ..... .. L.__......... .....�.�. T Will the proposed action impact existing: a.public/private water supplies? _.................�i�......._._.._ �.�.�..........._. b.public/private wastewater treatment utilities? 8. Will theimpar osed action co .�.t.�...............__.. .... ..._. ......rv.. ........_ ...w.... p p he character or quality of important historic,archaeological, architectural or aesthetic resources?_ _ 9.µ Will thero osed action result an adverse change to natural in p p � _.. .. � resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 . .. . _.._. _..._._.......� _ ..w.___.. __... , _ ... .. No,or Moderat. e small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? l 1. Will the proposed action create a hazard to environmental res_.. w.._._._.,_ ....................v__.. ..w_.. .. _ _ __........... _ �....... _..�.ww. tal resources or human health? Part 3-µXDetermination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was�:Inswcred"moderate to iarge impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential inipaetshould be assessed considering its setting,probability ofoccurring, duration, irreversibility,geographic scope and magnitude. Also consider the potential l'aar short.-term,long-term and cumulative impacts. I_.� Check this box __ y have determined,based on the information and analysis above and any supporting documentation, thatproposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. 0 Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible ble Officer) Page 4 of 4 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be Undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to(cick appropriate response): Town Board `mm Planning Dept. - Building Dept. _w`w., Board of Trustees E I. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital lM_.' construction,planning activity,agency regulation, land transaction) � _ (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license,certification: Mr- ' ( ' Nature and extent of action: Location of action:,........... .._...._�.� ®�. .C. '�j_......_�.�..� . kww Site acreage:.,,_...�..... .�_ . _... , Present land use: 7C 12- L w ............................�'.... ,,,._......_._.. _.._.�........._...�..._.. .,�____ _—_.w. ......,........ Present zoning class�ilic�ation: _..., w_v �................... ....�.—....................... .v..�� ... — �� _.......................__....._��_��w..�_........�� __.w_......_ 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:... ' �� .. "f..................._......� '...� !�� ...............�m �w_.u.......... ............ww...�.._.M._..w......._.� (b) Mailing address:............... . _M.M......,..,.. G.... ../-1 ... C... .v /! f.... ' __� ....w_........_._. .�- (c) Telephone number:Area Code( 79 ��r�� .................m..........._...___._.�_..... (d) Application number, if any „ .......... �' �. ........._�. T�....� ... .w.. _. ........��...... ...v.�w.....w�_..�.�...�..... Will the action be directly undertaken, require funding, or approval by a state or federal agency? YesEl l No _m- If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes ❑ No ❑ Not Applicable ..... ....w ... Attach additional s.....ww_—_. ... _.� __....... ..............__w . heets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria Ed Yes El No ❑ Not Applicable -........ ............... .. _... _.. Maifille Address:Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) „ P.O. Box 1179 Southold,NY 11971 ► Southold,NY 11971-0959 E tilID http://southoldtown.northfork.net . BOARD OF APPEALS P TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING DATE: APRIL 14,2009 ZBA#6259—MARTIN KOSM'YNKA,Contract Vendee/Applicant(and M.MENSCH LLC) Property Location: 115 Commerce Drive and Depot Lane,Cutchogue CTM 96-1-1.2 S,FORA 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 an adverse effect on the environment if the project is implemented as planned. SUFFOLK COUNTY ADMI'NISTRAT`IVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 29, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACI;'SfJ)'"SCRIPTION:The applicant's 1.08 acre property is vacant land with 4856 feet along the cul-de-sac at Commerce Drive,Cutchogue, and with frontage along Depot Lane for a distance of 173.70 feet.The property is located in the Light Industrial Zone District. BASIS OF APPLICATION: Building Department's November 25, 2008 Notice of Disapproval, citing Section 100-43C in its denial of an application for a building permit for an accessory apartment within a public storage building is not permitted under the provisions of the zoning code for accessory uses. Also the Building Department's Notice of Disapproval states that under Section 280-64C, no single structure shall have more than 60 linear feet of frontage on one street, and the applicant is proposing 75 linear feet of frontage along Depot Lane. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 19,2009 at which time written and oral evidence were presented. Based upon ail testimony, documentation, personal inspection of the property, and other evidence,the Zoning Board finds the following facts to be true and relevant: VARIANCE RELIEF RE IJESTED: The applicant wishes to add a 1,453 square foot apartment (dwelling unit) next to the 1,128 square foot office area, all within one of the proposed new buildings referred to as Phase 2, to be built for public storage use in this Light Industrial Zone District. The Page 2—April 14,2009 ZS File Ref,6259—Martin Kos-.iynka and M.Mensch LLC CTM 96-1-1.2 applicant also needs relief from the 60 linear feet of building along Depot Lane for an additional 15 feet of linear feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The shape of the lot is wedge- shaped making it difficult to design a building that could conform to the 60 linear foot requirement of the code. The new apartment (dwelling) unit will consist of 1453 square feet and is proposed for the purpose of residency by the manager-employee of the public warehouse facility'at this site. Access to the storage units by the public is available 24 hours a day by the employees of the warehouse facility. if the variance were not approved, an epnployee would not be able to reside at the site as part of the management and security of the public warehouse operations. 2. Town Law §267 b(3)(b)(3)(2). The benefit sought by the applicant for on-site living space for the manager of the public warehouse facility cannot be achieved by some method,feasible for the applicant to pursue,other than by approval from the Zoning Board of Appeals for variance relief. Because of the wedge shaped lot, the applicant needs to have the widest part of the facility near Depot Lane. The 75 linear footage of building has been designed architecturally in a zig-zag shape and will be screened by heavy landscaping behind the building to soften the effect on Depot Lane. 3. Town Law §267-b(3)(b)(3)(3). The variances granted herein are substantial, for the proposed accessory apartment's residential use in an LI Zone and for a building proposed with more than 60 linear feet along Depot Lane. 4. Town Law §267-b(3)(b)(3)(5). The difficulty was self-created when plans were designed for a business with a residential unit in a Light Industrial Zone District and greater than the code [imitation of 60 linear feet. 5. Town Law §267-4(3)(b)(3)(4). No evidence has been submitted to suggest that a variance in this community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an apartment for the employee-manager of the public warehouse facility, and making the building more than 60 linear feet along Depot Lane, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE AOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Weisman,and duly carried,to GRANT the variances as applied for, as shown on the site layout map dated October 2008 prepared by Kenneth H.Beckman,L.S.and plans Al,A2,A3 prepared by DiGiovanni and Page 3—April 14,2009 ZE File Ref.6759—Martin KffiYOk2 and M.Mensch LLC CTM 96-1-1.2 Associates,Architects on.11/17/08,subject to the following., 1) The size approved is for 1453 square foot(apartment unit)within this building; 2) The purpose shall be for residency by a manager-employee of this public storage building. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when In*volving nonconforruities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such I uses,setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minims in nature for an alteration that does'not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehri (Chairman hy S�imo e and Schneider. This Resolution was duly adopted(5-0). I g �=S, RD P. G(WHWNGER, C' 'R�KN U /2009 Approved for Mug APPEALS BOARD MEMBERS Southold Town Hall Ruth D.Oliva,Chttir%votnan 53095 Main Road •P.O. Bot 11.79 Gerard P.Goehringer tit Southold.NY 11971-0959 Vincent Orlando ,u ,1j1gt k&ULW:1.: Jame. Dinixio,Jr. Town Annex/FiiNt Floor.North Fork Bank Michael A_Sinton , � � t 54375 blain Road(at Youngs Avenue) Southold,NY 11971 hEtp://,;outholdiown.norLhfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(6311765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 1, 2005 ZBA Ref. 5778—MONTAUK BUS SERVICE, INC. Property Location: 115 Commerce Drive, Cutchogue CTM 96-1-1,2(p/o 1) SERA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Unlisted Action category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned, I ROP,,,,,,fRTY FACTS/DE zCRIPTIONwith correction The applicant's 47,166.6 square foot parcel is vacant land with 48.56 feet along Commerce Drive in Cutchogue. The property is shown as Lot 2 on the Map of North Fork Industrial Park filed January 27, 2005 with the Suffolk County Clerk. , BASIS OF APPLICATION: Zoning Code Section 100-1416(6), and Building Inspector's July 26, 2005 Notice of Disapproval, stating that special exception approval from the Zoning Board of Appeals is required for a proposed bus terminal business use, as well as site plan approval from the Town Planning Board. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 17, 2005 at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings: 1) The applicant seeks approval for a new school bus terminal facility on Lot 2, Map of North Fork Industrial Park filed January 27, 2005, located in the Light Industrial Zone District. It is the determination of this board that the operations as a bus facility will not in any way alter the character of the neighborhood or industrial use district. The bus terminal in this location will enable the carrier to provide school bus service to the Mattituck-Cutchogue School District without unduly burdening town roads_ 2) A school bus terminal use is a permitted use under Zoning Code Section 100-141B(6). 3) School bus transportation is an essential service, and construction of a bus depot in a Light Industrial District will have less impact on surrounding properties than it would at other locations. Page 2=-December 1,2005 11101 Appl. Nd. 5778-Montauk Bus Sc Inc CTM 96-1-1,2 4) In addition, the Board has reviewed the General Standards governing Special Exception uses set forth in Section 100-263 and finds: X That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. B.That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts_ C. That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed fitness facility use and its location. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. G. A response was received on November 16, 2005 from the Town Planning Board indicating that reviews are pending and that additional information will be requested from the applicant to be considered complete. BOARD RESOLUTION: In considering all of the above factors and applying the standards set forth in New York Town Law and the Town Zoning Code, motion was offered by Member Simon, seconded by Member Dinizio, and duly carried to GRANT a Special Exception, as applied for, subject to the following conditions: 1. That screening shown on the July 13, 2005 revised survey site plan prepared by Joseph A. Ingegno shall be continuously maintained to shield the premises from view from Depot Lane. 2. That the Zoning Board of Appeals reserves the right to inspect the screening, 3. That the site be devoted exclusively to the storage and maintenance of school buses. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, Dinizio and Simon. This Resolution was duly adopted (5-0). Ruth D. Oliva, Chairwoman 2/21/06 T", � wow 4-0 cc w.raw Cl) (in C 0 (1) !R- CM Cc �. AO OW C=Aft .. Aft -00 0 CL CD o OL cl 92 :E CL .— ". ..... �. 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