HomeMy WebLinkAbout1000-102.-2-24.1 MAILING ADDRESS:
PLANNING BOARD MEMBERS rif S0 P.O.Box 1179
DONALD J.WILCENSKI �' �1�rSouthold, NY 11971
Chair OFFICE LOCATION:
WILLIAM J.CREMERS Town Hall Annex
PIERCE RAFFERTY 54375 State Route 25
JAMES H.RICH III (cor.Main Rd. &Youngs Ave.)
MARTIN H.SIDOR , ° Southold NY
�
Ow � ,
Telephone: 631 7
p 65-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Leslie Weisman, Chairperson
Members of the Zoning Board of Appeals
From: Donald J. Wilcenski, Chairman.
Members of the Planning Board
Date: October 23, 2013
Re: Request for Comments re: True Light Church
Located at 31095 Main Road, Cutchogue
SCTM#1000-102-2-24.1 ZBA#6695
The Planning Board has reviewed the request for a special exception to establish a
church for the purpose of worship and religious instruction, and has the following
comments:
1. The proposed special exception use of a church at this location is consistent with
the Town Code and the Town's Comprehensive Plan.
2. The Planning Board recommends that an expiration date of one year be set for
the special exception to be able to monitor the parking situation in the future and
to be able to deal with potential growth that exceeds the current parking lot.
Thank you for this opportunity to provide comments.
So61old Planning Department Stag Report
Site Plan Application Work Session
Date October 21, 2013
Prepared By: Brian Cummings
I. Application Information
Project Title: True Light Church- Keith Benson
II. Action
Review the proposal for a Special Exception use and provide comments to the ZBA.
SCTM# 102.-2-24.1
General "B" Business Zone: .98 acres
III: Analysis
1. Proposed: Church for the purpose of place of worship and religious instruction.
Congregational meetings of±15 people two times a week
a. Place of Worship (auditorium) parking calcs:
i. 1 per 50 square feet of seating area, but not less than 1 per 4 seats
where provided
ii. 1 per 100 square feet of office area
2. Previous use: daycare/office
3. 1988 Approved site plan; 2001 C.O. for "Commercial structure to office for Real
Estate"
4. Subject parcel abuts a "B" zone (5.24acres) to the east, split zone B/A-C (1 acre)
to the north and an A-C district (5 acres) to the west.
5. Submitted plan/sketch shows fourteen (14) parking spaces, no dimensions are
provided.
V: Staff Recommendations
1. In the comments to the ZBA, recommend that the ZBA set an expiration date
on the Special Exception to be able to monitor the parking situation in the
future and deal with any potential growth that exceeds the current parking lot.
1
Southold Town Planning Board Work Session — Page Two — October 21 2013
. .
Project name: IIIIIStanton, Phil & Jennifer SCTM#: 1000-64-1-29 j
Location: 845 Maple Avenue, Southold
Description: This proposal is a Standard Subdivision of a 5.32 acre parcel into three
lots where Lot 1 equals 2.45 acres, Lot 2 equals 1.25 acres, and Lot 3
equals 1.63 acres, located in the R-40 Zoning District
Status: Conditional Sketch
Approval )
ction Review comments from preliminary public hearing and Trustees
k Attachments: 1 Staff Report°e.e
Location: 10 LC { SCTM# 1000-14-2-11 4 & 11 5
Project t name: an Bight Road. L
85 Bight Road, Orient
Description: This proposed Lot Line Change will transfer 3,000 sq. ft. from
SCTM#1000-14-02-11.4 to SCTM#1000-14-02-11.5. Lot 11.5 will
increase from 49,669 sq. ft. to 52,669 sq. ft., and Lot 11.4 will decrease
from 43,672 sq. ft. to 40,672 sq ft in the R 40 Zoning District
Status Pending
Action: Review referrals, public hearing comments & for Final Determination
Attachments: Staff Report
Discussion:
• True Light Church, SCTM#1000-102-2-24.1 — review request for comments from
ZBA
• Brewer Yacht Yard at Greenport, SCTM#1 000-36-1-1 - review request for
comments from ZBA
• Stormwater Control Plan website and "typical drainage systems" examples
• Road Ownership
" ra:: .,
BOARD MEMBERS � � " ' � "tatzthold'1'ozz l:a�zll
Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 117
Eric Dantes ^, Southold,NY 11971-0959
Gerard P.Goehringer Town Annex/First Floor,Capital One Bank
George Horning ; �,,� 54375 Main Road(at Youngs Avenue)
Ken Schneider „
Southold,NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel.(631)765-1809 •Fax(631)765-9064
MEMO
TO: Planning Board
FROM: Leslie K. Weisman, ZBA Chairperson
DATE: October 2, 2013
SUBJECT: Request for Comments ZBA#6695 —True Light Church — Keith Benson
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 ........... —fAX #/ ZBA HEARING VARIANCE PLANS PREPARER
ZONE DATE DATE
STAMPED
True Light 102.-2- #6695 11/7/13 280-48 B1 9/27/13
Church – 24.1
Keith Benson I.P.Zone
Your comments are appreciated by one week prior to above hearing date.
Thank you.
Ends.
RECEIVE®
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD,NEW YORK SEP 2 7 2013
Phone(631)765-1809 (631)765-9064
APPLICATION FOR SPECIAL EXCEPTION
Ap"1fg�
A%P�;F APPEALS
Date Filed:
TO THE ZONING BOARD OF APPEALS,SOUTHOLD,NEW YORK:
Applicants)
art. i of
Parcel Location: House No. " [ _Street rAai _ Hamlet
Contact phone numbers:_, i- Cjk ` —_
SCTM 1000 Section 102. Block?Lot(s) Z . I Lot Size Zone District qqq
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with
the ZONING ORDINANCE,ARTICLE:11111 , SECTION z�O ,SUBSECTION �j a
for a following uses and purposes:
j !
rC DQ C4 � t"v' i�op
J—
asreview[
brl
shown on the attached survey/site plan drawn to scale.Site Plan review[ ]IS or[`AIS NoT requir d.
A. t.�ternen!,of Ownership«�n�d I t
L __`�_ww_aaa..._. w, F('C QWlci r%rj is(are)the owner(s)of property known and referred
toast . 1r K q
(House No., Street,Hamlet)
identified on the Suffolk County Tax Maps as District 1000,Section IewO Z_,Block Lot
and shown on the attached deed.
The above-described property was acquired by the owner on w
B. The applicant alleges that the approval of this exception would be in harmony with the intent and
purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in
said ordinance and would not
be detrimental to property orp rso s in the neighborhood for he fo lowin
reasons: `" t C d✓" " 1 � � �X
The e
C. Tire property w ach is subs of this application is zond �and[ is consistent
with the use(s)described in the CO(attach copy),or [ ]is not consistent"with the CO being furnished
herewith for the following reason(s):
[ ]is vacant land. _
COUNTY OF SUFFOLK) -"
STATE OF NEW YORK) 'Signature)
Sworn to before me this W day of �.. � >20
(Notary Public)
Notary Pul
of N York
C! alb 1 u 1
SSton E Plres tiny 28,
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD,NEW YORK
PH:631-765-1809 631-765-9064
APPLICATION FOR SPECIAL EXCEPTION
APPLICATION NO.:
DATE FILED:
General Standards,please answer the following as it pertains to your project:
A. The use will not prevent the orderly and reasonable use of adjacent properties or of
properties in adjacent use districts BECAUSE:
This facility will be used for congregational meetings on an average of two times a week No
adjacent properties will be affected. No new construction is proposed. The use of the existing
but vacant office will have a positive effect on the neighborhood,visually and also to create
community.
B. The use will not prevent the orderly and reasonable use of permitted or legally established
uses in the district wherein the requested is located or of permitted or legally established
uses in adjacent use districts BECAUSE:
It is a small congregation meeting only a few times week and will lightly be used.
C. The safety,the health,the welfare,the comfort,the convenience or the order of the town
will not be adversely affected by the proposed use and its location BECAUSE:
Far from having adverse effects,the purpose of this application is to allow the operation of this
congregation,whose purpose is to fulfill community needs and support for resources such as pastoral
counseling. The purpose of this application is to allow the continued operation of a place of worship,
whose purpose is to fu yill a community need for religious instruction and community. The religious
education offered will promote,rather that detract from the general welfare of the community.
D. The use will be in harmony with and promote the general purposes and intent of chapter
280-142 BECAUSE:
It will not prevent the orderly and reasonable use of adjacent properties or of properties in
adjacent use district Church will promote,rather than detract from the general welfare of the
community. Will remain and keep all areas in a clean,neatly fashion.
E. 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 BECAUSE
The existing building has a facade that is very common and fitting for the town. It has been
around for manyyears and will not be changed,just neatened&cleaned up. The use is for an existing
but currently vacant structure. The scale of the church is minimal,as it consists of about 20 people,
including children. The only visible portion of the use will consist of a small outdoor area,which is
fenced to secure safety of children.
F. All proposed structures,equipment,and material shall be readily accessible for fire and
police protection BECAUSE:
No new structure is being requested. The applicants will work with the building department to
ensure that all appropriate safety measures will be taken.
G. The proposal shall comply with the requirements of Chapter 236,Storm water
Management BECAUSE:
All storm water management is existing,parking will only be onsite in designated parking lot,
with existing drywells.
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant: r"t�, � _ _ � Date Prepared:_....._.. . _.._. ... . . .w
I. For Demolition of Existing Building Areas
Please describe areas being removed:
II. New Construction Areas(New Dwelling or New Additions/Extensions):
Dimensions of first floor extension:
Dimensions of new second floor: °
Dimensions of floor above second level:iv _
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:
Number of Floors and Changes WITH Alterations: _ M_........w_....�..._ .
IV. Calculations of building areas and lot coverage(from surveyor}:.
Existing square footage of buildings on your property: _ ~i � m a Poww_ wwwwPoµ m
Proposed increase of building coverage:
Square footage of your lot:
Percentage of coverage 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.... _. .........
Please submit seven (7) 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.
7/2002;2/2005; 1/2007
r
QUESTIONNAIRE SPECIAL EXCEPTION
FOR FILING WITH YOUR ZBA APPLICATION
1. Has a determination been made regarding Site Plan review? Yes No
If no,please inquiry with the ZBA office and if site plan is required,you may apply to the
PlanninDept.at the same time so both applications can be reviewed concurrently.
2. Are there any proposals to change or alter land contours?
a. _�lNo Yes please explain on attached sheet.
3. Are there areas that contain sand or wetland grasses" -0-A—
a. 2.)Are those areas shown on the survey submitted with this
application?_ _
b. 3.)Is the property bulk headed between the wetlands area and the upland building
area?
c. 4.)If your property contains wetlands or pond areas,have you contacted the Office
of the Town trustees for its determination of jurisdiction? Please
confirm status of your inquiry or application with the trustees:
and if issued,please attach copies of permit with
conditions and approved survey,
4. Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea level?_ N p--.
_.
5. Are there any patios,concrete barriers„bulkheads or fences that exist that are not shown on
the survey that you are submitting?� m�"lease show area of the structures on a
diagram if any exist or state none on the above line.
6. Do you have any construction taking place at this time concerning your premises? f
yes,please submit a copy of your building permit and survey as approved by the Building
Department and please describe:-
7.
escriber7. 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 obtain copies of them.
8. Do you or any co-owner also own other land adjoining or close to this parcel? if
yes,please label the proximity of your lands on your survey. y.
9. Please list present use or operations conducted at this parcel 1A
�� � and the proposed use w
.(ex:existing single nuttily,proposeal,same with
garage,pool or other or vacant proposed oboe with apartments above,etc.}
Authorized signature and Date
AGRICULTURAL DATA STATEN[ENT
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
_ f
WHEN T`O USE Ptd d approval o bar the ar r plic t for special ,perm1 s�
rrrc must be corer s eczrrl rrse
5`0 feel O qrr r o Brad n , � �t AM a [ad rq x� n � C data
plM apP` ",. i
stur'0MeAt ntu t be referred to tho Suffolk Count D dr
Of J�` P to lte o� ",� �`
ff ., .11" rarttnent of Planning in ac, Otd"srrlce with seMartrs 239= .
1)Name of Applicant;,- e-
2)
2).Address of Applicant .
3) "atter of Land O (if other than applitnt).: _
-�- = c ,
4)Address of Land Owtter
5)DesdriptiOd-of l}ropbsed Pr6ject
6))LLo�cat on of Property rod ari
. . p�rte' a
(road d tax snap number):
par`eel within an Agricultural district?.ONO Wes If Yes,Agricultural District Number .
Is the .
8)Is this p9rdt l aodvely ed? ❑Mo' &('Yes
9) Name and address `of arty, Owner(s),of land °within the agricultural district containing active fa'
rn
operation(s) located 500 feet of the boundary, of the proposed project. (Information maybe available dough
the Town Assessors Office Town, Hall Iodation (765-1937) ypublic co ;aput r at the Town all
locationsby'viewing the parcel numbers on the To 7i -137 or from an
h of Southold Real Property Tax System.
Name and Address
,w
. �..�
6.
(Please use back side of page if more than six e
. prop rly owners are.identified.) . .
,71ie lot
1938 or numbers
Bo- f Appeals at 765-18
is may be obtained,m: d aatan�,v�rlien nested from the Office of the Planning Board at 765-'
the g and o pp 09, .
126113
Signature of Applicant Date
Now
n'fiw Local libaid will?;olicit rxtn rienta from the owners of land idea died above in order to consider the effect of the proposed action
* their�� ed to the lorlftitiom on will board wrellbe e by�r�trr co graar`dy of this start. � ,
ratios a part of the overall review of this application.
Th clerk to thel board is responsible fret sending copies of the completed Agricultural Data.Statement to the property owners
identified above.The coast for thailirtg shall be paid by the applicant at the time the application is submitted for review,Failure to pay at
such time means the application is not complete and cannot be acted upon by the board.
1-14-09
PROJECT ID NUMBER 61720 SEAR
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for MILIST0 ACTIONS Only
Mai i-PROJECT INFORMATION (To be completed by A)pffcant or Project Sponse
I.APPLICANTISPONS011 2.PROJECT WAME
Li 4 L
&PROJE& LOCAT"-Mwwpaky
1
4.PRECISE LI rwiON: Strut Addess aW Road Interae0 ons. ftininent landmarks -etc-or onavide Man
„IS PROPOSED ACTIONew Expansion. (""� IkinJa cnn`
ACTION: t......!
S.60CRIBE PROJECT WtE:`V?.
T.AMOUNT ,OF LAND AFFECTED:
lnlUa ar ria Ultknatety acres
S.VPt t 111 OPOSEO ACTION COMPLY WITH EXISTING ZONING OR OTHER-RESTRICTIONS?
Y" If no;describe WOW.
WHAT IS PRESENT LAND
SE IN'
(Chog;iasinqny as
Residential Industrial i orae fl ncdlture? P ,t FPen S17ac r{tlescn
/ paw �►
DOES ACTION E
1Qa P14.15 IIN . -WOW '„R.
t1. �/OLVE. PERMIT AT" 6t0 OtILTIMTJ.Y FROM ANY OTHER GOVERNMENTAL „
ACid CY 1; Slate dna Lo at)
nites N a If yes. list
:agenc•,y ri me aCd peonit I approval:
1..1. ES ANY ECi OF THE �1�ON- NiAV1 C E A CURRENTLY VALID i0mif OR �RbV�"t
OFFes ElNoB yes, list agemy nom"and permit I aavoal,
All A 5ULT OF PROPQSED ACTION WILL EKISTING PERMIT/APPROVAL REQUIRE MODIFICATTON9
No
I CERTIFY TFIAT THE INFORMATION PROVIDED -ABOVE IS TRUE TO THE BEST OF" MY KNOWLEDGE
. Appna�]ip /µS;p onsor Name Dale:
l .. 3
If the action is a Costal Area,and you are-a state.agency,
complete the Coastal Assessment Form before proceeding with this assessment
{
I✓C .rQ
PART li- tMl'A( N"A S$ Str E "N o be co feted by N-ead A ens
A. DOES ACTION E)CCEEo ANY TYPE I THRESHOLD IN 6 NYCRR,PART 61T:A? If yes,coordinate the review process and use the FULL EAF.
[]Yes O No
B.,MLL ACTION RECEIVE CUOROINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN'6 NYCRR,'PART 617.6? I(No,a negative
d r^a4 rn taraey be superseded by another.lnvolved agency.
Yes El No
G.cOuLD ACTION RESULT IN-ANY ADVERSE EFFECTS ASSOCIATED.WrM THE FOLLOWING (Answers may be handwritten,iflegible)
el. alr qua*..surface or Smnowaterquality or qua ,notes levels,oxLsLing traffic pattam,solicivaste pa±duction ordtsposol,
po for drai ga of t errla P
rotor ;;C I=0u, eC ixr� t oh eVrta�4 p4a1ra
E3. .a td qtr.. unit,t i IIIc at I 6 a t'. ttt„ taabilaurd o endar a spa; 9 E r�rp�aln bl ttit.
d oia �aor
C4. „cx a .1y"s°arsf pR nscrr, aseAtlaaal' - s? q 4 bdffy.
t rrWta subsagirottt deverprnont,PEER— rtcttvititsrl. y to tpra VntSaarrerd tty t to"p+ p tl�tl CpyaYra hHa1ly;
G6. Lort term,staort°lama.ctanwiati ;.or o off is not idea"fid C1 r? e*fia Wefiy:
r iadt s fn ewe t r: I gar t .
C7. n efN
t)- L ,
EtjViR0Ni&4L5 rCT1$L AR ItutPAt ym o T "bI t INI 6 tl I AL CHARAC fER1 105
THAT CA'�tSECt T
HE ESTABLISRMENT OF A CRIT(EAL
Yes W No
E IS THERE.bR IS THi 1(TCd I44�Em
Was Nc� W41&a.12PO"ff (ALPAW f Nt E" M IitAf" ?I3 if tt rtfn.
. " 10 ,Ftu"eardad SIGNIFICANCE `o 4ewrnplated
byNento
rtttw 6t"1rr attttan �l.°tafft , '
IN eetdNde emr+ eer t Each
effedt$hdMId be wed in W-dh its(a}solti°re tie.Urba9Fl rlttaN; b Nkal ali ty"tt �Irlp« "}dttratNtut (d)it amrsUiV.(e)
0 tt o tae»and 40 hide. If necessary,autd"atttaraltlttartta t�rN�reaiva`artt {at N�materials. Ensure ifiat eatpE�Iraet true taorltain
Y .cNertt(fete,fo I skW3va+ aa1 It relevant adverse Nlltpecls ttaeve beer(fider VOod a dadeg4etr y ddrisweq, IfiVds0on d of pari ftas-.�bedted
° tttettetalgttrt�IfaNrl�altattltete^ tt ,tekttettrlfialNrna, ttwa�aI'+�sbattctww3!'waertvlrerrtttta�trIra�It + Ittlle�.
ttlt8fatutifyouha"ae caaaor nra a allylargeoNaf "000mel WAYdcw,,Then pmoeeddirectly"to,the FULL
FAF andfor pmpam a positive declowation,
Check ftL NOT box If you have determined.based on the infommatioif and analysis above sad any supporting documentation,OW the proposed scdw
result in any signiliwxnt adverse emdronmental Impacts AND provide;on eliadut>ents as:tftesq",tied reasons suppor thi
n.
Name of Lead Agency Dam
not 5F Typi Name of" espons `e cer ea gency Title of Res11 ponsi11 b11 le Officer
i tore of Responsible Officer in ead gencyignature o Preparer( d` event rom responsible o
Board of Zoning Appeals Application
AUTHORIZATION
(Where the Applicant is not the Owner)
I, � �r � ° � i residing at
(Print property owners name) (Mailing Address)
,.v C� ! �/93S do hereby authorize
(Agent)
to apply for variance(s) on my behalf from the
Southold Zoning Board of Appeals.
v"=r's Signature)
(Print Owner's Name)
APPLICANT/AGENT/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM
The Town ofSouthold'sCode of Ethics ri 'ts i f" on the of town o and em to .The c of
this form is tofile" f tic t b f t t o How it atever action is
YOUR NAME: D'e"5-m ,VM21�cf
(bast name,first name„middle initial,unless-you are applying in the name of
someone else or other entity,such as a company.If so,indicate the other
person's or company 's time.)
NAME OF APPLICATION: (Check all that apply.)
Tax grievance Building
VarianceTrustee
Change of Zone _ Coastal Erosion
Approval of plat Mooring
Exemption from plat or official map Planning
Other
(If"Other",name the activity.)
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,orbusiness 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)andlor describe in the space provided.
The town officer or employee orhis orher spouse,sibling,parent,or child is(check all that apply):
A)the owner of greater than 5%of the shares of the corporate stock of the applicant
(when the applicant is a corporation);
B)the legal or beneficial owner of any interest in a non-corporate entity(when the
applicant is not a corporation); -
C)an officer,diiector,partner,or employee of the applicant;or
D)the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted this day of 200
Signature
Print Name
FormTS 1 _�w...��..www_......_..._.__. _.�....
Town of Southold
LWRp CONSIRTFINCY AS ESSMEM,.V FORM.
A. INSTRUCTIONS
1All applicants op including ag telthis for
proposed actions that are subject to the Town Waterfront ConsistencyReviewLaw. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. *Ex ept 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 p'reparer of this forma 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-ad. f ct -mor eeast-al.- a4which n,oludes-all.,of-Southold.Town).-
3.
own).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.
determivaation 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 alae Town of Southold's website
(southoldtown.northforknet),the Board of Trustees Office,the Planning,Department,all local
libraries and the Town Clerk's office..
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# l 02 -„ � -
The Application has been submitted to(check appropriate response):
Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees
1. Category of Town of Southold agency action(check appropriate response):
(a) Action undertaken directly by"Town agency(e.g. capital F]
construction,planning activity,agency regulation,land transaction)
(b) Financial assistance(e.g.grant,loan,subsidy)
(c) Permit, approval,license,certification:
Nature and extent of action:
Location of action:.__..w.... ._.—__..-_ ......_...M_._ ...__......_.� _.., -- _.. w� - .�._.
Site
Present land
Present zoning classification:_-_ 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:
(b) Mailing address: :q r—
-+ L �k
(c) Telephone number: Area Code s1) a o L-S,6
(d) Application number,if any:
Will the action be directly undertaken,require funding,or approval by a state or federal agency?
Yes 0 No Ll If yes,which state or federal agency?-..----.--
DE
gency?_ww----.........._D Vf L( PRI)► CC►AST Pt LICY
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.
E]Yes EJNo ❑ Not Applicable
Attach additional sheets 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 ❑ No F] Not Applicable
FROM :FRIEMANN • FAX NO. :2396424992 Ma a16 2010 05:30PM PI
YOM NO. 4
TOWN OF SOUTSOLD
Bmunffo nEPARTMW
Office of the Building Inspector
Town, Hall
Southold, N.Y.
4U�tr;z '
CERTIFICATE OF OCCUPANCY
SOs 2-2 Dates 05/15/0
TSS cxem= that the building ALTERATION
Loaatian of Property- 3.096 tAll19M E
(Most 80.) ( ') (H VUST)
Cowlty Tax Map No. 473009 Sectim 102 Block 2 Lot
SabdivLvion Filed Nays Ho- Lot No.
conforms subetantiallr to the plication for Building Pesmit heretofore
filed in this office dated OCTOBER 24,_2000 Puxou nt to which
Building Permit No. 16935- dated ER 21 2000
was issuad, and conform. to all.of the requirements of the agplicable
provisions of the laws. The occupancy for which this certificate is iowed
is RMWATR SSI' COMMCIIAL STRSMqMR TO RBAL BSTATS OFFICE A8'
1� laRta �C.1A.
The certificate is issued to SA7 FOECt B F11IE01ANMT
(ONMR)
of the aforesaid building.
saFPOLL CODN"PY ZMARMUM OF 09EM SAL N/A
cilICAL CUTMCMM 30. I-ES4807 03/30/0
X
i w
A
;tis signature
Rev. 1/81
�1:_::
"gig,r M a
._._.............2A P4
S
lez
s < .�.r•n :yam � � �
` Al
,,'
. � 00
Tf
s r Vit.
pu
• � � L pmt°;-rte `�- ��
N t� 04)
-27
4.4.24 164.
n
fi v Ci C ®r d w
J M n$
t lU ul S
z
P f�
f
ti
I;
. 9a � li NIS Y� II Iy,
k Y
n
1
w i
1
i
I
I
��' �--
w
it I lu, ���
��
� �
mJ, �.�
f,�
t �
o �,
,.�� o,�.
" „�� �, , r��
1��: '
. ,,, „w
,�.,t
�, a ,:--
� � �� e
rr,
y,
�' � � �I�� �B�;i �� � �C��
°� r
,�' w�, � „��7��^ra��v��,�.
1
"�' � 6
r� ..
i
y
�%
� r
�.
,fi, ,�
��
r
�� / r ,,�
t
' 1,
r �.
u, �,.
���
� ��
���; .
% �r
N
% t
ui
mall
il
Along
_ �. .
r /
ftiwt;
MAP Ciz
cu
u '
ip p
w
's 6
w W.
A4
a7 STATE "
u
+ •,
;C�" ^'n»^ r^ V'
8"4'k�`�.
w�
"�"" a'rz✓"1r w+a' '�.t-, �*T ""'z" +7"",..r «�' �r,,,r � ,� w.+M,�`s�"ww ��y.w„p, �x?r 9"a� � �,�
RECEzven X39 3
awRn of APPEALS
i
i .
qqg$ 4+
9
r :++4%'pt�PiAJ7WM':AM�+r-
yRe vPt 6� (MN s.nu� awul��MA..7G"ri� •---�•-- _
:I x......,...,",.�.."•., 4D7(o
• .�;�� wsa .,qr " � vt as e... F �•�, ,G,.�.'�"'7�RT.:" :
APPEAL p
r _ rrr i5s /dam"""°1+ ,�?Ywft y✓ �q
o v ,•
AAR� %x x
xx
"
"�"."��� °�"• -"� w.. � "�� � . y at' arae�«�d4N';"� �'"' ,�.�� �y�,�'qa�'" W""":
k
�, E y"" "'"•"" "E'`"*'.. a.,. � �� I r ,m. � `�� ° '
x
r
s weds rst..-p<i
r
0
�1
M
`S r�....:c,..��^ .,+��� �.n� 8 —, ...,.,.,..�--�. m.m�,.,:�..^� .,.._.....».,.,..,..............,_.,x�-a...� a�-�-•-ma..r.-�..s.,:^:e �..:z�-a�
w
K.0
4
�x i 5�irt� Si}e Alar% S ncluA nq dr;vrway and par Wn r:
�YV M � j` •'X-
A
n
r
///
(`�► p
u J Q j J
M vj Q >Q w J
F- w O O
IIItlV
I L
y
Q U) 4' a
p �
F
V
W w; R
C i
>-LLI "r
aw O O
03
LU w o
a {� ... � Q Q w
CL Y F- ►- s z
is nl Q ¢ w
0 T, ti m
w
F- d
0 rC
zbc
LU LL
.P
3 ~ O U
.
R a w nw
O .
G
� Q a Q �,
w"� U
0 Q
p _
p _ �
w
o
CL
led
(03
m in O`
LL
a ^�
co
us c3
x,
e�o LU
au
f
1O + 1 Q O
am
Qv v o zo
W W D0 1
W C'i >
O wLU
µ " . �
wJ " '. \ w D pip `
LLJ
Q
LL
Lima
W
ce
Z N
vn-
0
CL KN
LU
a 3
Cl.
_O OLL w '�`` ° 0 0 o
r
V. o 6
N
N
LL
p Y J m m
iJ
V
rr S
N b"
L
LL p
L O L O
� O
m LL C
mF
mom
OF
L k 11
4
c
F-.a C y U
.. m 4) 0_
U
O c9 X CC
�_ o o
1.11
r' LL m W LL D «�
� ry
J5 W
D.
�+ N
O
N
of
N
r Q
N
a o O
Y k x
j q
IIE
c c c
�I �c O_ O_ O
O
V C CL L Y
m nl
cc
] Mme " U [o °o
c
N
a
c
� z
a w o
~ m p w
w p p
rk
OC
V "o t w
u
O ' .
3 °
oW. 'w k% . o s o
c� Cz - w w o
Q w
f- F- m F
a > ,- z z Y
'~ nl ¢ w
O w r u o m
cc -
O w
F-
0 rJ
3
w o '
kw 0 wcr
a
CD
CL
a Q ;
d
d
Q Z
LU
... A
ll; a `>G
p119
19
m
It
LLI Q)
su m cvi
"
-411
° .
C� Q
1 !]` ` \ .e 3 W W 0 1
O 0
cloW
�Y + Z Z
d O O a L�
O W `Y1 14 �m�q C CY_ 0i w
1 W
2 ~ �
1
t1/1
z
Ng
�wrrw '
Q
�+ Z N _
o � �
® w a
iz
v :L R
NiF'
tv �«. N
` v J
o N v o
N
L
N
: r E ;
U- p
N
i O
L p O
ca 0 d O
a
J
m~
UQ
HL t
tJC! m J I
c '¢m I
SUN
0
QST ,
� C
e O c N N
a) cc `
c 0Ei 3 E
y N L U
ca O p o
LOL CO W LL 0 nl
E a!k! 9
pa &
fl
Q
N
N Q �
a�
ti
O O
II'
a �� m N �^ QST Z U 'u ca
BOARD MEMBERS Of SOS Southold Town Hall
Leslie Kanes Weisman,Chairperson ► " 53095 Main Road•P.O. Box If 79
Southold,NY 11971-0959
James Dinizio ail Office Location:
Gerard P.Goehringer Town Annex/First Floor,Capital One Bank
George Horning " ' 54375 Main Road(at Youngs Avenue)
Ken Schneider Southold,NY 11971
http://southoldtown.northfork.net RE
ZONING BOARD OF APPEALS .,,,,,, -
TOWN OF SOUTHOLD
Tel.(631)765-1809•Fax(631)765-9064
S CJaiot�::"11rd4,TT!EW4 C I
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF AUGUST 18,2010
ZBA FILE 6397
NAME OF APPLICANT: Maritime Day School, LLC SCTM41000-102-a124.1
PROPERTY LOCATION:31095 Main Road and Sterling Lane Cutchogue,NY
SEORA :*TER I A l :The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type Il category
of the State's List of Actions,without further requirements under SEQRA.
IWI`Qd MIN S*lRALrIVE 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 May 14, 2010 stating that this application is
considered a matter for local determination as there appears to be no significant county-wide or
inter-community impact.
LWRP; This application is not subject to review under Chapter 268 because the variance relief
requested does not involve features that relate to a regulated natural feature or a bulkhead or other
shoreline.
PR PF "1"Y F C`I" ESCRIPTIONL Subject property is located on the North side of Main
Road on the west corner of Sterling Lane as shown on partial site plan dated October 20, 2000
prepared by Cronin and Condon,consulting engineers. It is located in a B Zone and the proposed
nursery school is a permitted use. It is an improved parcel consisting of two commercial
buildings and associated parking. It received site plan approval October 31, 1988.
BASIS OF APPLICATION: Request for Special Exception per Code Section 280-13B(4), the
applicant is requesting permission to convert existing office space to operate a nursery school.
AL 1NF According to the code, site plan approval is also required by
the Planning Board. In a memorandum dated July 7, 2010, the Planning Board made the
following comments;the change of use would not require an amendment to the original site plan,
however the following should be part of the special exception:
1. the parking stalls be repainted,
2. provide code compliant ADA handicap parking space with appropriate signage and
designation,
Page 2—Auugust 18,2010
ZBA File#6397—Maritime Day School,LLC
CTM: 1000-102-1-24.1
3. directional arrows to direct ingress/egress as follows;
a. Access furthest east to be ingress,
b. Access furthest west to be egress.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on July 29,2010,at which
time written and oral evidence were presented.Based upon all of the testimony documentation,
personal inspection of the property,and other evidence,and upon review of the code
requirements set forth pursuant to Article XXV Section 280-142 Special Exception Uses,the
Board finds and determines the following:
REASONS FOR BOARD ACTION:On the basis of the testimony presented,materials
submitted,and personal inspections,the board makes the following findings:
A. The use will not prevent the orderly and reasonable use of adjacent properties or of
properties in adjacent use districts.The proposed nursery will occupy a vacant real estate
office.No new construction is being proposed.The school will enroll a maximum of
thirty one children aged two,three and four years old and will only operate Monday
through Friday for half a day,thereby providing a needed service to the community.
B. The use will not prevent the orderly and reasonable use permitted or legally established
uses in the district wherein the proposed use is to be located or of permitted or legally
established uses in adjacent use districts.The proposed nursery school is a permitted use
in the B District where this property is situated,also in the adjacent AC/R-40 and B
districts.
C. The safety,health,welfare comfort,and convenience or the order of the town will not be
adversely affected by the proposed use and its location. Educational uses are inherently
beneficial,and the proposed nursery school will promote rather than detract from the
welfare of the community.
D. The use will be in harmony with and promote the general purposes and intent of the
chapter.(See B and C above)
E. The use will be compatible with its surroundings and with the character of the
neighborhood and the community in general,particularly with regard to visibility,scale
and overall appearance.The proposed use will occupy an existing but currently vacant
structure.The size and operation of the school is modest as described in"A"above.The
children's outdoor play spaces are completely private and secured by new stockade
fencing
F. All proposed structures,equipment and material shall be readily accessible for fire and
police protection.The owner/applicants are aware of the importance of safety for children
and staff as described in the"Project Narrative and Description of Use"submitted with
their application,and propose to have a staff member located in the student drop off area
to encourage the orderly and safe arrival and departure of the children.
RESOLUTION OF THE BOARD: In considering all of the above factors,motion was offered by
Member Dinizio and seconded by Member Weisman (Chairperson)and duly carried to:
•
Page 3—Auugust 18,2010
ZBA Filc#6397—Maritime Day School,LLC
CTM:1000-102-:L-24.1
GRANT,the Special Exception permit as applied for:
Subject to the Following Condition:
1.The applicant's shall conform to all recommendations of the Planning Board in their
memorandum dated July 7,2010 regarding parking and ingresslegress.
Vote of the Board. Ayes:Members Weisman(Chairperson),Dinizio, Goehringer, Schneider,
(Absent was:Member Horning) This Resolution was duly adopted(4-0).
kpla-�V� RECEIVED 30,
Leslie Kanes Weisman,Chairperson +
Approved for filing X 1.2,, /2010 AUG 4 2-010
05cT• rt Ir
9 �-
FORM NO.4
rawN of sourHoLD
RECEIVE,)
BUILDING DEPARTMENT
Town Clerk's Office
• Southold,N.Y. « . � .
$SARA aPAAp�,q�
Certificate Of Occupancy
No. ..?.T9........ Date ....JL a 17................... .14
THIS CERTIFIES that the buildings............ .........................»..........
Location of Property X1095 Main Roads �hogtta
kcius,iwdrr, Sc«sret Hamlet
County Tax Map No.1000 Section ..10?.......Block ...2..,.. ....L.ot....24.. ......
Subdivision...............................Filed Map No. ........L.ot No. .. . ... .
re.q, rMeta�a for Ll+aall to ,� dittga built prior to
conforms substantially to tlui "two- . u, 4wre�F el-i„-tlwiis^oft`sr clabed__
Certificate of Occupancy
..,... April.23T.- .19.5?pursuant to s«wlr3rlW 11ui '+raaxt .......Z.9974.......
dated ...J;m.17................. 1980,was issued,and conforms to all of the requirements
of the applicable provisions of the law.The occupancy for which this certificate is issued is .........
Two (P) Pre-Existing Ron Habitable Dwrelling.a and �Hiscellano to Pre-
Existing
r ~
Exis Agricultural-Nursery iness ldinga. Since April 23, 1957.•
a Certificate of tlocupanc Z2377 was issued for ata. addition to the
eery Bataan Store, ogificate of Occupancy 27310 for a 10* X 8'
�Preat roctaa, Certificate of Oooupsncy Z997e for a Sheds Structure
Addition and Certificate of Cospliance .for a building Persait 9745Z
for a fence, The Part of this Prettilses nth haat of SterlinLane
(Approximate 13 X 1320 feet) is in the B-1 Zoned District. #he
resat is in the A Residential and Agricultural Zoned District.
The certificate is issued to ......wuliam B. „St
owaae%h�p,M o. ....,.............
of the aforesaid building. /
Suffolk County Department of Health Approval ....N/A........... ,........,..„,,.,,,
UNDERWRITERS CERTIFICATE NO............N/A
Building Inspector
889
4NUMBER 02 ._DATE4 TYPE CO # OWNER:
USE/DESCRIPTISAI
.ON .._w.)RD
.........M..... _.._
2820 7/22/65 PERMIT - u B.P.#2820Z BUILDODITION.w _
7322 6/12./74 PERMIT, _w B. P. 7322Z BUILD GREENHOUSE......... � wµ
9119 3/25/77 PERMIT B.P.#9119Z BLD. ADDITION
9745 5/24/78 PERMIT B.P. #9745Z ERECT FENCE
15603 12/30/86 PERMIT B.P.#15603 ALTER STORE
17346 8/24/88 PERMIT 24022 B.P.#17346 CONST. ADDITION TO
17530 10/14/88 PERMIT B.P.#17530 CONST. COMMERCIAL
19385 9/11/90 PERMIT (CUTCHOGUE AUTO PARTS) BP #193
20104 8/26/91 PERMIT 20364 STORAGE BUILDING BP #20104-Z I
b/00/00
F1=More F7=Permit Detail F8=Co Detail F9=Preco F12=New Swis/Parcel F3=Exit
4-(o3a �-
RECEIVED
BOARD OFAPPEA,S
F11Y
APPEALS BOARD I MBERS SCOTT L.HARRIS
Gerard P.codulaga,chal en �- SUP-&-
m
Ch ies
rge Doye aie,. Town Rett,53095-Main Rood
Sage Doyen,h. P.O.Box t 179 '
Soathold,Now Ymt 11971
Jain Dwsio,Jr. BOARD OF APPEALS Pu(516)765-1823
Telephone(516)763-1809 TOWN OF SOUTHOLD Telephone(516)765-AW
Appl. No. 3987
ACTIONOP "l"M BO D OF APPEALS
Upon Application of S.H. "IEMANN & OTHERS, variance to
the Zoning Ordinance, Article )t, Sections 100-102 (Bulk '
Schedule) for approval of insufficient,frontage (,lot width) (as
excists) along the Bain Road of proposed Dot t3 acid for approval
of insufficient lot depth of proposed Lot #2, in this pending
y minor subdivision, and for approval of.access according to Raw
F
York Town Law, Section 280-A over a private,right-of-way. Zone
Districts: B-General Business and Agricultural Conser0ation.:
Location of property- North Side of Min .Road, Out ue, NY;
County Tax Map Parcel .10 no. 1000-102-2-24. Total area: 19..596
acres.
and all those why dashehearing was held on November 29, 1990,
WHEREAS, a public;
to be heard werer heard and their.
testimony..recordedt. and
WHEVIM, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
. Members ave ss are
thel e �is in question, itpresent roning
;' and
_ surrounding areas;
SAS, the Board,made than followingfindings of fact:.,"
approaa�tely 52oA in 8 variance. and iscic application
Tho subject premises which is unifier
consists,of
the "Bo tteneral
"Business zone District« The remaining 17.693.acres is' located
in the "A-C",A,grrioult .r'al- onse vatl,on Zone District.
... ,.. a •. . .
Page 2 - Appl. No. 3987
Matter of S.H. Friemann & others
Decision Rendered December 13, 1990
The area of land under consideration in this variance-has a
frontages of 132.0 feet along the north side of State Route 25
(a/k/a main Road) in the 'Hamlet of Cutcho Town of Southold.
The width of the remaining (rear) section {referred to as Lot
#11 is 683.44 feet {inclusive of easements).
2. The subject premises as exists:
(a) contains a total combined lot area of 19.596
acres;
(b) are improved with structures as more particularly
shown on the plan prepared by Roderick VanTuyl, P.C. dated
November 1, 1990.
3. Article X, Section 100-102, (Bulk Schedule) of the
zoning code regulations (as amended January 9, 1989) requires a
minimum lot .depth of 150 feet and minimum width of 150 feet per .
lot.
4. The,relief sought by this application are variances for
approval of:
(a) proposed southerly lot referred to herein as Lot
#3 with a lot width (frontage) of 132.00 feet, inclusive of
easements or right-of-way (or 117+- feet exclusive),
(b) proposed center lot referred to herein as Lot #2
with a total lot area of 40,192 sq. ft., inclusive of right-
of tray or easements;
(c) access to Lot #2 and Lot #1, over a 22 it. wide
right-of-way, half of which is s' to be located upon premises
of the applicant and the other half upon premises of S & S
Realty Co. (parcel to the east referred to as 1000-097-5-012.}.
5. For the record, it is noted that the donditibn of the
right-,of-way is excellent without the necessity for further
improvements at this time, except, however, that the entire
access road.must be maintained at-a minimum width.of 1.8 feet.
(without obstruction) for,sufficient maneuvering and access by
emergency (fire) vehicles.
6. In considering this application, the Board also finds
and determines: (a) the relief as granted is substantial in,.
relation to the requirements,;, (b) the evidence submitted and
practical difficulties claimed are sufficient to warrant a•.
C
Appl. No. 3 9,$7f S.fi. Friemaxan & others
•Rendered December 13; 1990
n the character of 'the here borh be no sprecedl
this vatxianeu O theighborhoodw and..aypreoedentt ba.set since the shapes and :character of this land has
since before the, enactment•of,zoning in 1.9571 ,(d) " the
difficulties .cannot be obviated by some method feasible to, the'
.appellant to pursue, other than. a var9;anoea (e)�) that in vier
of the ,manner in which thedifficulties arose, ,and in°con-
sierig all the above factors, the interests of justice,willbe
served by granting, the variance, as conditionally noted below.
Ac6ordiugly, ,on motion by Mr. D,initio, seconded by
Mr: Goehtinger, 'it was
RE=LVED, to UANT the relief as requested (send noted in
paragraph t4, supra), in the Matter of the Application of R & S
ASSOCIAiISS (S.N. FRIEMAX &. M)'under Appl. No. 3957, SUBJECT
TO THE FOLLOWING CONDITIONt
That the access right-of-way be,maintained in good
condition to a.minimum width of 13 feet (without obstructions)
for the entire length for sufficient manueverability by fire and
emergency vehicles (pursuant to the requirements of New York
Town Law).
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Grigonis and Dinisio. This resolution was duly adopted.
Ik
d3E tARC7 F. TMA
RECEIVED AND FILED BY
THE SOUTHOLD.TOM; CLERK
DATE BOUA
Town Owk, Town of Southoll
TOWN OF SOUTHOLD, NEW YORK DATE ... '.... 7, 1977
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2236 Dated December 29, 1976
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Sterling Nurseries, Inc. Appellant
Main Road
cutchogue, NY 11935
at a meeting of the Zoning Board of Appeals on January 27, 1977 the appeal
was considered and the action indicated below was taken on your
( ) Request for variance due to lack of access to property
( ) Request for a special exception under the Zoning Ordinance
( 10 Request for a variance to the Zoning Ordinance
1. SPECIAL. EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be
granted ( ) be denied pursuant to Article .................... Section Subsection paragraph
of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because 8:00 P.M. (E.S.T.) upon application of Sterling Nurseries,
Inc. , Main Road, Cutchogue, New York for a variance in accordance
with the Zoning Ordinance, Article VII, Section 100-70 and Bulk
Schedule for permission to construct addition with insufficient
side-pard setback. Location of property: north side Main Road,
Cutchogue, New York, bounded on the north by other land of ap-
plicant; east by S. & E. Realty; south by Main Road; west by J.
Scott.
2. VARIANCE.By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary
hardship because
SEE REVERSE
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
SEE REVERSE
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not)
change the character of the district because
SEE REVERSE
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
SEE REVERSE
r
ZONING BOARD OF APPEALS
FORM ZB4
After investigation and inspection the Board finds that the
applicant requests permission to construct addition with insuffi-
cient side-yard setback, Main Road, Cutchogue, New York. The
findings of the Board are that the applicant will still have more
than sufficient side-yard area for the "B-1" zone.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of this property and
inthe same use district; and the variance will not change the
character of the neighborhood, and will observe the spirit of
the Ordinance.
THEREFORE IT WAS RESOLVED, Sterling Nurseries, Inc., Main
Road, Cutchogue, New York, be GRANTED permission to construct
addition with insufficient side-yard setback, Main Road,
Cutchogue, New York, as applied for.
Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis.
w
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATF0_jg-77 HOUR 9.
o ark, Town of Southold
Southold Town Board of eats
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (5161 765-1849
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN,JR.
JOSEPH H.SAWICKI
James Dinizio, Jr.
ACTION OF THE BOARD OF APPEALS
Application of H & S ASSOCIATES for a Special
Exception to the Zoning Ordinance, Article VII, Section 1.00-70B
for permission to utilize proposed addition, maintaining the
westerly yard setback, partly for sales of auto parts, added
storage, and engine-rebuilding shop, at premises located along
the north side of the Main Road, Cutchogue, NY; County Tax Map
Parcel No. 1.000-102-2-24.
WHEREAS, a public hearing was held and concluded on
Thursday, October 6, 1988, in the Matter of the Application
No. 3774SE; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
.REAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. This is an application pursuant to the requirements of
Article VII, Section 1.00-70B for a Special Exception utilizing
premises with a proposed addition partly for sales of auto parts,
added storage and engine rebuilding.
2. The subject premises consists of a total area of
approximately 19.60 acres, a portion of which is presently zoned
s
t +
Page 2 - Appl. No. 3774
Matter of H & S ASSOCIATES
Decision Rendered September 16, 1988
"B-1 General Business" along the north side of the Main Road, in
the Hamlet of Cutchogue, all more particularly identified on the
Suffolk County Tax Maps as District 1000, Section 102, Block 2,
Parcel 24.
3. Submitted for consideration are the July 23, 1988 Site
Plan and Survey Map dated May 21, 1980 prepared by Roderick
VanTuyl, P.C. depicting the proposed addition and the existing
buildings. The addition as proposed is shown to be at the north
(rear) section of the existing building extending a total of
110+- feet and maintaining the same nonconforming setback from
the westerly (side) property line at approximately 18 feet,
pursuant to the subject Site Plan Map.
4. It is noted for the record that reviews have been made
and are pending by the Planning Board indicating their general
acquiescence with the building and parking layout.
5. In considering this application, the Board finds and
determines that: (a) the use requested will not prevent the
orderly and reasonable use of adjacent properties or of
properties in adjacent-use districts; (b) the use will not
adversely affect the safety, health, welfare, comfort, con-
venience or order of the Town; (c) the use is in harmony with
and will promote the general purposes and intent of zoning.
6. The Board has also considered subsections (a) through
(1) of Article XII, Section 100-121C(2) of the Zoning Code in
making this determination.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT a Special Exception as applied for the
auto parts sales, added storage, and engine rebuilding uses, as
shown by the July 23, 1988 Site Plan Map submitted in the Matter
of Application No. 3774 - H & S Associates.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and
Doyen. (Member Sawicki was absent due to serious family
illness. Member Dinizio abstained. ) This resolution was duly
adopted.
4ERARD P. GONE INGBR
CHAIRMAN
lk
•
1 wt
7t4ftd
LV !
FOR PC- L14
A
2.2 SEE at
1CAA MHs� j�2J
.a.past
ran C.t
SIE U
w.w�iyy�'� OS7-OSiC
14
Jtj•
3 4
MA � � •
aup a sounau •
t> twffs) •
RIRIA
SEE Ss.W IM PCL ML
OV-05-012 r mI toy ra
ZLT
[AAIB ( • • 'a
. ., 2u _
5.2..0 „
2L7 t e
SEM OAVMU ?Z 103
�» � IS,
EE A-lG P.
2MA
�r
K A
/ per �`
✓ ✓ Op