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HomeMy WebLinkAbout1000-102.-2-12.6 ' ,ray: -.�' .•y-•-.•1- j r., � •. - �, -• - _. ��•� '^ -Y •-I•. 1 _r 7w. S Wit' �wr.� - - ._ � � A .�► - _ • .I � w vis •� �-!�.. �x., -->: -. - _ -�'- � o• -- - _ - - _ - � - _ _ -^ - _ �- - •. ��• s f/ A� A; `- jam= {. �•d +F Ilk ��, '- .• i :. _-� �R, ''� Sof � � Oak= ; M ' N `� _.tee.`.�-'J... -..�. _ .,-.� ... � ..iJ Y._•'� - r A _ '. . _ � e ,R , ' . ^F_ - �, :44 .3;5 t mix O` law r 1 � — .- F' a roe W.ANNING BOA•20 1l {\ S V. o I �/,r'`"� rlk/l I I H'nYc�^cp area-irrsoN nc..[niJ.•s +' NNn4 �N •� I 'lam t ���� �-• � t • � ve � j �ha , i _; i i I 1 ( �J 4. t'rtt... ..-nom• L-1 Ll i - `GG RANNINO BOA3o 1. 1� C2z � I` PVi •fes _ . 1, 1, IYJ oI( p \ •1 �', a �' � 1 APwn.a'at i 1 r,A'10 00 -•- _--• .=__ ..__. __.._. -. . - - - -.�--- __1' rte'. _ .._ - •, - . --_-___ x : v. i F MAILING ADDRESS: PLANNING BOARD MEMBERS �*0f SDUry� P.O. Box 1179 DONALD J.WILCENSKI �� l� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS v' Town Hall Annex PIERCE RAFFERTY �O 54375 State Route 25 JAMES H.RICH III Ol� (cor.Main Rd. &Youngs Ave.) C MARTIN H.SIDOR OMNI Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From- Donald J. Wilcenski, Chair9��, Members of the Planning Board Date: September 23, 2014 Re: Request for Comments - Depot Enterprises Inc. SCTM#1000-102-2-12.6 ZBA# 6791 The Planning Board received your request for comments regarding the above- referenced application and the request for a use interpretation of a retail use in the Residential Office (RO) Zoning District. We reviewed the Planning Board's record and found that the last Approved Site Plan for the subject site was a 1985 decision for the construction of a racquetball facility and office in addition to an existing dwelling. The Site Plan was approved subject to the condition to "remove access from NYS Rt. 25" as shown on the Site Plan. The access was eliminated and grass planted over it, and it remained that way until earlier this year. In February, 2014, we noticed a driveway had been installed out to NYS Rt. 25. A complaint was filed with the Town Code Enforcement Officer on February 19, 2014 and remains an outstanding Site Plan violation. This driveway must be removed to be in compliance with the Approved Site Plan. We hope this information is helpful to you. Should you have any questions or need additional information, please contact the Planning Department. Thank you. Southold i own Planning Board Work Session—September 22, 2014 Project name: Gordon, Estate of Albert H. SCTM#: 1 1000-9-7-8.2 & 8.3 Location: Halcyon, Oceanic & Midlothian Avenues, Fishers Island Description: This proposed Lot Line Change will transfer 0.58 acres from SCTM1000- 9-7-8.2 to SCTM1000-9-7-8.3. Lot 8.3 will increase from 0.30 acres to 0.87 acres and Lot 8.2 will decrease from 3.56 acres to 2.9 acres located in the R-80 ZoningDistrict. Status: Pending Action: Review submitted documents. Attachments: Staff Report Project Name: Jose hson, Za f& Dow SCTM#. 1000-17-2-1.9 & 6.1 Location: 900 Birds Eye Road & 725 Munn Lane, Orient Description: This proposed Lot Line Modification transfers 0.01 acre from SCTM#1000-17-2-6.1 to SCTM#1000-17-2-1.9. Lot 6.1 will decrease in size from 2.68 acres to 2.67 acres, Lot 1.9 will increase from 2.02 acres to 2.03 acres located in the R-40 Zoning District. Status: New Application Action: Review for completeness. _ Attachments: Staff Report Project name: Peconic Recycling & Transfer II SCTM#: 1 1000-_95-2-5 Location: 560 Commerce Dr., at the intersection of Corporate Rd. & Commerce Dr., Cutchogue Description: This Site Plan is for new construction of a building that includes 32,000 sq. ft. of warehouse space and 2,200 sq. ft. of office space for a transfer station use on a vacant 118,164.2 sq. ft. parcel in the LIO Zone. Status: Approved Site Plan Action: Review revised Site Plan. Attachments: Staff Report Discussion: 1. Depot Enterprises, SCTM#1000-102-2-12.6, 29325 Route 25, Cutchogue — review comments to ZBA 2. Incoming mail — email vs. paper 3 Southold Town Planning Board, September 8, 2014 Page 3 Project Name: Treasure Island Cove Lot Line SCTM#: ' 1000-23-1-2.3 thru 23-1- Modification 2.6 & 22-3-33 thru 22-3- 137 Location: 14909 Route 25, on the north side of NYS Rt. 25, East Marion_ Description: This proposed Lot Line Modification transfers 1.38 acres from SCTM#1000-23-1-2.3 to SCTM#1000-23-1-2.5 and transfers 0.85 acres from SCTM#1000-23-1-2.4 to SCTM#1000-23-1-2.6. Lot 2.3 will decrease in size from 1.38 acres to 0.00 acres, Lot 2.5 will increase from 0.88 acres to 2.26 acres, Lot 2.4 will decrease from 0.85 acres to 0.00 acres and Lot 2.6 will increase from 1.20 acres to 2.05 acres located in the R-80 Zoning District. Status: Pendia_ Action: Review revised maps. Attachments: Staff Report Discussion: 1. Depot Enterprises, SCTM#1000-102-2-12.6, 29325 Route 25, Cutchogue — review comments to ZBA 2. Discuss potentially holding public hearings for Fishers Island projects on Fishers Island 3. Planning Board Monthly Report for August 2014 - draft for review c 1 Ll '7,r Li 5 s At. _'50 11"�- BOARD MEMBERS F SO(/j Southolcl7Town Hall ry- / Leslie Kanes Weisman,Chairperson � y0j_ 53095 Main Road•P.O.Box 1179 �O Southold,NY 11971-0959 Eric Dantest Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing p a�� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCOU Hry,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax (631)765-9064 MEMO 0i' AUG 0 62014 TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: August 6, 2014 SUBJECT: Request for Comments ZBA #6791 —Depot Enterprises Inc. 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 #/ ZBA HEARING VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED DEPOT 102-2- #6791 10/2/14 280-38 8/1/14 ENTERPRISES 12.6 INC. RO Zone Your comments are appreciated by one week prior to above hearing date. Thank you. Ends. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: July 28, 2014 TO: Charles Cuddy(Depot Enterprises) PO Box 1547 Riverhead, NY 11901 Please take notice that your application dated July 19, 2014 For an"as built" permit to convert the single family dwelling portion of an existing non-conforming fitness club building to a retail flower shop at Location of property 29325 Main Road, Cutcho ug e, NY County Tax Map No. 1000- Section 102 Block 2 Lot 12.6 Is returned herewith and disapproved on the following grounds: The proposed change in use is not permitted pursuant to Article VIII Section 280-38 "permitted uses," A retail store is not a permitted use. Please note ' rian ed site Rlana roval will be required. 0 Aut orized Signature CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. SOUTHOLD BUILDING PERMIT APPLICATION CHECK DEPARTMENT I ou have or need the following,before appl, LL Board of Health D,NY 11971 4 sets of Building Plans 765-1802 Planning Board approval 765-9502 Survey wn.NorthFork.net PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees C.O.Application I n G Flood Permit .L.O 20 Single&Separate Storm-Water Assessment Form • �i, ® Contact: 20 1 G� a_` Mail to: Charles R. Cuddy PO Box 1547, Riverhead, NY11RO Phone: (631) 369-8200 ,20 f72014 Buildin sp ctor APPLICATION FOR BUILDINGIUL Date July 16, 2014 INSTRUCTIONS DLDC;.DEPT. i�gppltsatbfUMUST ompletely filled in by typewriter or in ink and submitted to the Building Inspector with 4 accurate plot plan to scale.Fee according to schedule. )t plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or terways. work covered by this application may not be commenced before issuance of Building Permit. on approval of this application,the Building Inspector will issue a Building Permit to the applicant.Such a permit on the premises available for inspection throughout the work. building shall be occupied or used in whole or in part Ifor any purpose what so ever until the Building Inspector ficate of Occupancy. ;ry building permit shall expire if the work authorized has not commenced within 12 months after the date of is not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an ionths.Thereafter,a new permit shall be required. I ICATION IS HEREBY MADE to the Building Depaytment for the issuance of a Building Permit pursuant to the e Ordinance of the Town of Southold,Suffolk County,1 New York,and other applicable-Laws,Ordinances or for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The -es to comply with all applicable laws,ordinances,bonding code,.housing code,and regulations,and to admit spectors on premises and in building for necessary inspections. Depot En r rises, I B r R Charlels tc eC,J&,plica or fame,i a oration) sen 145 Fleetwood Rd. Cutchogue, NY 11935 (Mailing address of applicant) -r applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder Owner nerofpremises Depot Enterprises, Inc. (As on the tax roll or latest deed) is a corporation,signature of duly authorized officer R. Cuddy. Agent for Depot Enterprises, Inc. ne and title of corporate officer) ;erase No. N/A .cense No. N/A License No. N/A :is License No. N/A 1 of land on which proposed work will be done: 29325 Main Road Cutchogue lumber Street ,�,_. ,.,,. ..� Hamlet vv:r .,. - Tax Map No. 1000 Section 102 ,,;:,,. Block 2."'?_..._, Lot 12.6 ;upoildddlo alrgeu 3TS SI 03'£40JLW sealdx3 uolsslwwop �)POAMB�N N10,46S ul pel. oilgnd SnIoN £99090)110 'oN;o WIS'ollqnd ARl0N AQOH F/NOMI )71 0z �3o,(ep � sig;aui alojaq o3 woMS q;innalaq;palg uoi;paiIdde oql ui gpol;as lauupuT oql ui pauuopod L IITM 3110M aql wq;pue!joyIaq pup 33palMousl siq to lsoq aq;o;an.q are uoilpoilddp sial ui pouleluoo s;uauialp;s Ile Ipq; e SIT alg pup O)T.W o;pup 3I1oM pips oql pauuo3lad anpq zo wjo31ad o;po logTnp XInp sl pup`szauMo do 1auM0 pies3o (•ala`1a Wo alvaodloO`lua,'3y`loloe.quoo) V Qq;sl aH(S) paureu anogp(lM4U00 2uiu�is Ipnpinipui 3o OUMM) ;upoilddp aq;si aq(s);pq;s Cps pup sasodap`ulonns Ainp zuiaq Appn0 •X saTIVU XTo(;;ng 30 A. 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Zone RO I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 7/28/14 BASED ON SURVEY/SITE PLAN DATED 6/1/04 Applicant(s)/Owner(s): Depot Enterprises, Inc. Mailing Address: 145 Fleetwood Road, Cutchogue, NY 11935 Telephone: Fax: Email: NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Charles R. CUddy for)p Owner( )Other: Address: PO Box 1547, Riverhead, NY 11901 Telephone: 369-8200 Fax: 369-9080 Email: charles.cuddy@verizon.net Please check to specify who you wish correspondence to be ivailed to,from the above names: ( )Applicant/Owner(s), (X)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 6/1/04 and DENIED AN APPLICATION DATED 7/16/14 FOR: ( )Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( Other: interpretation for flower shop use Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: VIII Section: 280 Subsection: 38 Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. (X)Interpretation of the Town Code,Article VIII Section 280-38 ( )Reversal or Other A prior appeal(X)has, ( )has not been made at any time with respect to this property, UNDER Appeal No(s). 6170 Year(s). 7/17/o8 .(Please be sure to research before completing this question or call our office for assistance) #3350 Year 5/2/85 113322 Year 5/2 85 #2885 Year 12/5/81 -►"44(16? ) F Q3 -0"agN6�r IFFY ejac y 4 9r 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 properties if granted,because: The use is consistent with other nearby business uses. 2.The benefit sought by the applicant ANNO be achieved by some method feasible for the applicant to pursue,other than an area variance,because: A floral designer's shop can only be achieved in,.the :manner undertaken by the applicant. 3.The amount of relief requested is not substantial because: It does not physically alter any building or -change any setback 4.The variance will NO have an adverse effect or impact on the physical or environmental conditions in the neighborhood or tstrict because: The use is similar to neighboring uses and has minimal impact on the community 5.Has the alleged difficulty been self created? {X Yes,or{ } No Why: While it is the owner's choice, it is not a material change in the use of the site. Are there any Covenants or Restrictions concerning this land? { }No {}Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. De Enterprises, Inc. t C, gnatu of Applica or ut orized Agent (Agent mut submit written Authorization from Owner) Jul C. Hanus, Vice President Sworn to before me this ).8 day of .T„13r 20 LZam. Notary Public CHARLES R.CUDDY Notary Public, State of New York No.5872225 Qualified in Suffolk County 0Amm(S;aion Expires December 31,20 APPEALS BOARD MEMBERS rF $oar Mailing Address: Gerard P. Goehringer,Chairman 01 ' Southold Town Hall Ruth D. Oliva 53095 Main Road•P.O.Box 1 179 Southold,NY 11971-0959 James Dinizio,Jr. G� Office Location: Michael A. Simon Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman com, 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD fVREEEKED 4 Tel.(631)765-1809 •Fax(631)765-9064 !0 �% 4 FINDINGS, DELIBERATIONS.AND DETERMINATION MEETING HELD JULY 17. 2008 Southold Town clerk ZBA APPLICATION#6170 APPLICANT/TENANT: MARITIME DAY SCHOOL CTM PARCEL# 102-2.12.6 PROPERTY LOCATION: 780 Depot Lane (and Main Road), Cutchogue, NY SEQRA 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. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated June 24, 2008 states that the application is considered a matter for local determination as there appears to be no significant county- wide or inter-community impact. PROPERTY FACTSIDESCRIPTION: The subject property is located in the Residential Office Zone District and is improved by an existing office,health club and preexisting residence. BASIS OF APPLICATION: Town Code, Chapter 280(Zoning), Section 280-38B(1). SPECIAL EXCEPTION USE REQUESTED: This is a request for a special exception authorization to utilize an existing office as a Nursery School, on premises that is part of a larger site that also includes a health club and a preexisting residence. The day school will be a private preschool that will offer a theme based comprehensive half-day program for children under the age of five. The portion of the premises to be occupied by the nursery school was last occupied as a dentist's office. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 26, 2008 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, and upon review of Page 2—July 17,2008 ZBA#6170—Maritime Day School CTM 102-2-12.6 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 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 school will occupy a vacant office space on two floors of an existing health club/office building. No new construction is being proposed. The school will enroll twenty-six 2, 3 and 4 year old children and will only operate its program for half a day, thereby providing a needed community service. B The use will not prevent the orderly and reasonable use of 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 RO district where this property is situate and also in the adjacent R-80, R-40 and HB districts. C. The safety, health, welfare, comfort, 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 this chapter. See "B" and"C" above 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. The proposed use will occupy existing but currently vacant structures. The size and operation of the school is modest as described in "A" above and the only visible portion of the use will be a small outdoor play area and garden. F. All proposed structures, equipment and material shall be readily accessible for fire and police protection. The owners/applicants are aware of the importance of safety for children and staff as described in the Project Narrative submitted with their application and they are working with the Building Department to ensure compliance with all life safety codes. The applicants propose to have a staff person available outdoors in the parking lot, which is improved with paving, drainage, designated parking spaces and safe ingress and egress, to ensure the safety of all children who are being dropped off or picked up from the nursery school. RESOLUTION OF THE BOARD: In considering all of the above factors, motion was offered by Member Weisman, seconded by Member Dinizio, and duly carried to Page 3—July 17.2008 ZBA#6170—Maritime Day School CTM 102-2-12.6 GRANT the Special Exception permit as applied for SUBJECT TO THE FOLLOWING CONDITION: For the safety of the children who will attend the proposed nursery school, the owners/applicants shall construct a fence enclosing any outdoor area associated with the operation of said nursery school. Vote of the Board: Ayes: Members Goehringer-(C:nairman), O 1 1 -Chairwoman); Dinizio, Weisman, and Simon. This Resolution was duly adopted ). Gerard P. Goehringer, thairm /Approved for Filing 7-21-08 R CEIVED ,+- JUL Southold Town Clerk ,e•rr .e-ar Bark► • . mOm V •� Q a 4- '04 .L'1Z a •. •.o + U611 \.a a o. 4 .• 'a W a �►r A 4 a bHO� •' Ix a 46 `•NTLI `•N/AI +• • )oft LLJ CCL JJd ILL cc v r \4•' + to 3L SYL _ •. --4 f c c •-� LL (a ,4, • • --I ♦/ 47 h � • swan►� •�+ • . .. '• , .g' ,; a a W p W m i 4 f:••. 0. X9 Ing r " �� a tr a r.a g: W FINAL MAP �$ REVIEWED BY zY •'f . 4•. 4�•. .t• . ' •._ ...•_.A •+ _/ � SEE DECISION 0) / ' r •• a•• t• ai �^ l DATED o / ao " '' : •• _'S 4 •. •' ' z d •.a t •4. ly s•.F Xzt ' I x t r +' 41 N \ I� ^ •'71407 -inr_+.. 0 �,�g�FFDG�coG Southold TownBoardof p , ails MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE 851 765.1909 ACTION OF THE ZONING BOARD OF APPEALS Appeal - ApplicatiooTr Da ed March 26, Dr. Joseph J. Lizews i , D.D.S. ..JAI ell t(s)] C_LM 7 Road e��-~1fi9 35 At a Meeting of the Zoning Board of Appeals held on May 2, 1984, the above appeal was considered, and the action indicated below) was taken on your ] Reque.at for Variance Due to Lack of Access o Pr4erty New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoni g Oiinance Article , Section . [X] Request for Variance to the Zoning Ordinance Article III , Section 10.0' 30.(B)[6] E,,] .,.Request for Application of -JOSEPH LIZEWSKI, 29205 Main- Road, Cutchogue, NY for a Variance to the' ton ng .r_ finance,_ Article-III, Section 100-30i rm (B)[ ] for permission to construct building for private membership with an insufficient setback from the easterly property line. Location of Property: North Side of Main Road and East Side of Depot Lane, Cut chogue, .NY;. •County.Tax.Map.Parcel No. 1000-102-02- 12.1. -WHEREAS u 1 i.c hearing was held and concluded on April 11 , 85 concerning e• )nd ter of .the Application of 'JOSEPH LIZE14SKI un er Appeal No 3350 WHEREAS, the board members have personally viewed and are Familiar witht he premises in question as well_ as its surrounding area, nd WHEREAS, the board has considered all testimony and docume tat n entered into the record concerning this application, and WHEREAS, 'there .has been no -opposition entered in the recor up until the conclusion of ,the public hearing, and WHEREAS, the board made the following findings of fact: 1 . The property in question is. located in a "B-Light Busi ess' Zoning District pursuant to a change of zone granted. by the Sou hol Tow Board March 9, 1982. 2. The property in question fronts alon the north side o th Main Road (State Rote 25,) 147.39 .(and, 116.,3Z3 feet and-is also sit to with frontage-along -the east' side of •Deppt Lane 173..13 feet Jan 1 23 7 feet), and is shown to contain an area _of approximately 1.5 acr s a approximately 20,000± sq. ft. including the one-family dwelling and lot at the corner of Depot Lane and Main Road, also awned by th, applicant. 3. The subject premises is improved as shown on the site Ian dated April 6,1984, for one-family, residence and professional ffi' (CONTINUED.'ON .PAGE 'TWO) DATED: ' May :17,. •1985. CHAIRMAN, SOUTHOLD TOWN ZONING BO OF APPEALS Form ZB4 (rev.. 12/81) i� Page 2 - Appeal No. 3350 Matter of JOSEPH LIZEWSKI Deci.sl.on' Renderea may 1985 uses. 4. By this application, applicant proposes to construct a 44' by 66' recreation building addition for a private racquetball membership club with a setback at its closest point from the east side line at 32 feet, which is 8 feet closer than the estab- lished sideyard setback of the existing principal structure. 5. Article III, Section 100-30(8)[6] permits annual membership clubs catering exclusively to members and their guests subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street• line nor within fifty (50) feet of any •]ot. line ... ... 6. It is the opinion of .the board that the easterly sideyard has been established at 40 feet .and the setback as proposed at 32 feet could be allowed for this addition if the special exception use for a racquetball club were not required by Section 100-30(B).[6], that the relief requested is minimal and is, in harmony with the intent of the zoning ordinance. In considering this application, the board has determined that the relief as requested be granted since: (a) the relief is not substantial; (b) the relief will not be detrimental to.adjoining properties; (c) the relief will not adversely affect the character of the district; (d) the practical difficulties are sufficient to warrant approval hereof; (e) the circumstances are unique since the property has residential structures existing as a nonconforming use since prior to the change of zoning from "A" to "B-Light"; (f) in view of the manner in which the difficulties arose, the interests of justice will best be served by allowing same, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki , it was RESOLVED, that the relief requested under Appeal No. 3350 in the Matter of the Application of JOSEPH 'LIZEWSKI for an insufficient setback from the easterly sideyard at 32 feet or a proposed recreational club addition, BE AND 'HEREBY IS APPROVED SUBJECT TO THE FOLLOWING: Modification of the Site Plan by the Planning Board to inciude •a minimum of 27 parking 'spaces (inclusive of handicapped parking). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members'. lk * *GERARD P. GOEMKINULK, LKAIKMAN May 17, 1985 a I Z:L�rY�r•4'f• l \. 4' i ,JO. 1 � 1 l 11 -•.rte..� 1, 1 i t .rte"- •:�:�„�.ti.;;.,�a. ' r, l !AD rt' c.+.TF D an aED�xpyr S,Al A$/ FCr %X-'•i t Z'E i.,cEl:i'r :/: D wneovco Pr Southold Town Board of Appeals MAIN ROAD- STATE ROAD 29 SOUTHOLD, L.1., N.Y. 11971 TELEPHONE(5151765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. U" Application Bated January 8, 1985 TO: or. Joseph J. Lizewski, D.D.S. [Appellant(s)] Main Road Cutchogue, NY 11935 At a Meeting of the Zoning Board of Appeals held on May the above appeal was considered, and the action indica—te a o1w was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [X] Request for Special Exception under the Zoning Ordinance Article III , Section 100-30(6)[6] - ( ] Request for Variance to the Zoning Ordinance Article , Section Request. for Application of JOSEPH LIZEWSKI, 29205 Main Road, Cutchogue, NY for a ecial Exception- oo oning rdinance, Article III, Section 100-30- (b)T77an r 1c e—VI, Section 100-60(B)[1](a) for permission to establish recreational use (private racquetball membership club) at premises located on the north side of Main Road and east side of Depot Lane, Cutchogue, NY; District 1000, Section 102, Block 02, Lot 12.1. (B-Light Business Zane) WHEREAS, a public hearing was held initially March 7, 1985 and was concluded on April 11 , 1985 concerning the Matter of JOSEPH LIZEWSKI under Appeal No. 11,224 and WHEREAS, the board members have personally viewed and are familiar with the subject premises as well as its surrounding area, and WHEREAS, the board has considered all testimony and documentation entered into the record in this matter, and WHEREAS, there has been no opposition entered in the record up until the conclusion of the public hearing, and WHEREAS, the board made the following findings of fact: 1 . The property in question is located in a "B-Light Business" Zoning District pursuant to a change of zone granted by the Southold Tow Board March 9, 1982. 2. The property in question fronts along the north side of the Main Road (State Route 25) 147.39 (and 116.37) feet and is also situate with frontage along the east side of Depot Lane 173.13 feet (and 233.7 feet) , and is shown to contain an area of approximately 1 .5 acres and approximately 20,000± sq. ft. including the one-family dwelling and lot at the corner of Depot Lane and Main Road, also owned by the applicant. 3. The subject premises is improved as shown on the site plan dated April 6, 1984, for one-family residence and professional office uses. 4. This is an application for a Special Exception by which applicant proposes to construct a 44' by 66' recreational addition for use as a private racquetball membership club with a setback at (CONTINUED ON PAGE TWO) DATED: May 17, 1985. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev._ 12/81) Page 2 - Application No. 3322 Matter of` JOSEPH LIZEWSKI (Special Exception) Decision Rendered May 2, 1985 32 feet from the easterly side property line. 5. Article III, Section 100-30(6)[6] permits annual membership clubs catering exclusively to members and their guests after receiv- ing a special exception from this board and site plan approval from the Planning Board in accordance with Section 100-134 of the Code. 6. For the record it is noted that conditional approval has been made simultaneously herewith to grant an insufficient sideyard setback from the easterly property line at' 32 feet under Appeal No. 3350. In considering this application, the board determines: (1 ) the use will not prevent the orderly and reasonable use of adjacent properties or of properties in. adjacent use districts; (2) that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; (3) the use is in harmony with and will pronote the general purposes and intent of zoning since it is a permitted use. In passing upon this application, the board has also considered items (a) through (1) of Article XII', Section 100-121 (C)[2] of the Zoning Code. ' Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki , 'it was RESOLVED, that a Special Exception as requested under Appeal No. 3322 in the Matter of the Application of JOSEPH LIZEWSKI at premises known and identified on the Suffol.k .Cou.nty .Tax Map as District 1000, .Section 102, Block 02, Lot 12.1 , BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING: . Modification of the Site Plan by the Planning Board to include a minimum of 27 parking spaces (inclusive of handicapped parking). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. 1 k ( D_-. 0 EIF PI G MAN May 17,, 1985 a i • I p 1 R , V t {� /; .. '�.yf� _••ry,,N aa�o�°:, �• � .. o¢wna�r�.iva.s,...w. 1 1 •; x'40^�\��'��1 R •• .i �• Mr�� . jj .4ll•w..n++I .•i x / - NMM �y /lMe[Y.fT•M/C 4raow� �'ali.Ps.• �iL ,S' n4�.. 't• .J:1���.1..1. ..�...+ .. ♦.%•ly:.•'.1.:L..• .i� �.... ..LW r ! -- . , . . • 1M . . • -.. _ . .moi.. . 77. .. . -K.. .•. .M/..:.t:•'�/ L �1� j : m � � ; ildYna✓Sr C1 q ;=F `� '• Jam•,: � ��• .4'}_�Qh..,.rf 5``�; .� t I •„$ 111 'l ,r i :.ati•.... . .r .ts- dlF :r�1..ksi:?`:.....r-`.:: _ _ ...�....:.ai,:f . J TOWN OF SOUTHOLD.NEW YORK DATE 12/ 5/81 ACTION OF THE ZONER43 BOARD OF APPEALS Appeal No. 2885 by application Dated September 14, 1981 ACTION OF THE ZONING•BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To William H. Price, Jr. , Esq. Appellant Joseph J. Lizewski, D.D.S. at a meeting of the Zoning Board of Appeals on December 5, 1981 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 (X) Request for a variance to the Zoning Ordinance Art. III, See. 1 DO-30 1. SIACiEOf�[7 lf�FFf KYeX iMF*X X9Won ( ) be granted ( ) be denied pursuant to Article ........... ....... Section .................... Subsection ..._............... paragraph ..........._....... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) he :j"pFxj6%W0VW;e Public Hearing held 10/15/81: Application of Joseph L. Lizewski, Main Road, Cutchogue, NY (by William H. Price, Jr. , Esc. for a Variance to the 'Zoning Ordinance, Article III, Section 100-30 for permission to construct professional office building in an A-Residential and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane) , Cutchogue, NY; bounded northwest by Fogarty; southwest by Depot Lane; northeast by Dunne; southeast by Main Road. County Tax Map Parcels No. 1000-102-2-12.1 and 11. (SBE REVERSE SIDE) 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 SIDE) (b) The hardship created (]s) (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 SIDE) (c) The variance (dons) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because (SEE REVERSE SIDE) and therefore, It was further determined that the requested variance ( ) be granted ( ) be denied and that the previous deeislons of the Building inspector( ) be confirmed ( ) e m vers t E""CEIVED AND FILED BY (SEE REVERSE SIDE) TM SOULICLD TOWN CLERK CG:lk ZONING BOARD P HOUR //%D74.4 ' FORM ZB4 A/ups. a.7'-f_;Aj, :.:,i> 1�, ✓ — Town Clerk, Town of ut)zold Appellant has appl__ tAwis Board for a use variance t(- Awt the construction of a pro±essqWl office building on his propert located on the northeasterly corner of Main Road (N.Y. Route 25) and Depot Lane at Cutchogue. The premises are presently zoned "A" Resi- dential and Agricultural and comprises approximately two acres, and is shown and designated on the Suffolk County Tax Map as District 1000, Section 102, Block 2, Lots 11 and 12.1. Tax Map Lot 11 contains approximately 20,000 sq. ft. and has constructed thereon a 2-;1 story wood frame dwelling and garage occupied by Appellant as a private dwelling, Tax Map Lot 12.1 comprises 68,554 sq. £t, and has erected thereon a l-'h story wood frame dwelling, two barns and a garage. The property on the north side of Main Road west of Depot Lane is in the "B-1 General" Business Zone which extends westerly for approximately 1100 feet. The property on the south side of Main Road west of the subject premises is zoned "B-Light" Business. The property north and east of the subject premises is zoned "A" Residen- tial and Agricultural. Section 100-30C(1) of the Zoning Code permits "Home Occupations" in the "A" zone as an accessory use. Under the definition of "Home Occupation" (Section 100-13) , the professional office of a dentist is permitted provided that the office is located in a dwelling in which the practitioner resides, or in a building accessory thereto. The Appellant (a practicing dentist) could establish a dental office in his dwelling on the premises or in a building accessory thereto pro- vided he resided there and employed not more than one non-resident assistant. Presumably, however, Appellant does not wish to have only his own dental office on the premises, but instead desires to construct on the premises a professional office building having a length of 110 feet and a width of 58 feet, containing three suites of offices. Such a use is not permitted in an "A" Residential and Agricultural District. It is permitted in the "B" and "B-1" Business Districts. Since the variance applied for is a use variance, before this board may grant such a variance the record must show that: (1) the land in question cannot yield a reasonable return if used only for a purpose allowed in that zone; (2) that the plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood which may reflect the unreasonableness of the zoning code; and (3) that the use to be authorized by the variance will not alter the essential character of the locality. The courts have held that a claim that the property is yielding less than a reasonable return requires proof, in dollars and cents form, of all matters bearing upon the return available under existing zoning, including proof that no permissible use will yield a reasonable return, The only dollars and cents evidence in the record is Appel- lant's statement that he paid $65,000.00 for the property and his conclusory statement that he has not made a profit from the property. The Town assessor's records indicate that the premises (lot 12.1) was acquired by Appellant in 1981. There is no evidence that the property cannot yield a reasonable return if used for other permis- sible uses. Thereforer this board concludes that the evidence presented does not support the grant of the variance applied for. I This board does believe that there is, however, a public n for the type of facility proposed by the Appellant in the HamletCutchogue, and that perhaps the Town Beard should consider theextension of the present "B-1" District to embrace Appellant'sproperty. on motion by Mr. Grigonis , seconded by Mr. Goehringer, <Ca BE IT RESOLVED, for the reasons set forth herein, the variance is denied. Vote of the Board: Ayes: Messrs. Douglass, Goehringer,- Sawicki and Grigonis. (Absent was: Mr. Doyen, Fishers Island). This resolution was unanimously adopted. IV �o�V11va` All AS 4F Fieri, a Y7- l If ; tj- 41 ---moi� �, �. 4• ...._. c M,9 T T/ TUC,,t 11IM �� q 463 } H . f .�• - � � ,�Off' i c`� ,� NEW SUFFOLK �yo`;ro?; •pro .� 0' • (j 0 r, a 01, r✓ Y r 14 tAw r J cu t aoAo of l� r � � C UTC :� NEW SUFFpLK w oma. I Rki'l Southold Town Board of Appeals -11- Dec er 5, 1981 Special eeting RESERVED DECISION: Appeal N28$5. Application of Joseph L. Lizewski, Main Road, Cutchogue, NY (by liam H. Price, Jr. , Esq.') for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to construct professional .office building in an A-Residential and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot-Lane) , Cutchogue, NY; bounded northwest by Fogarty; southwest by Depot Lane; northeast by Dunne; southeast by Main Road. County Tax Map Parcels No. 1000-102-2-12.1 and 11, A public.hearing was held concerning this. appeal on October 15, 1981, at which time decision 'was reserved until a later date. Appellant has applied to this Board for a use variance to permit the construction of. a professional office building on his property located on the northeasterly corner• of Main Road (N.Y. Route 25) and Depot Lane at -Cutchogue. The premises are presently zoned "A" Resi- dential and Agricultural and comprises approximately two acres, and is shown and designated on the Suffolk County Tax Map as District 1000, Section 102, Block 2, Lots 11 and 12.1. Tax Map Lot 11 contains approximately 20 ,000 sq. ft. and has constructed thereon a 2-1.1 story wood frame dwelling and garage occupied by Appellant as a private dwelling. Tax Map Lot 12. 1 comprises 68,554 sq. ft. and has erected thereon a 1-1� story wood frame dwelling, two barns and a garage. The property on the north side of Main Road west of Depot ,Lane is in the "B-1 General" Business Zone which extends westerly for approximately 1100 feet. The property on the south side of Main Road west of the subject premises is zoned "B-Light" Business. The property north and east of the subject premises is zoned "A" Residen- tial and Agricultural. Section .100-30C(1) of the Zoning Code permits "Home Occupations" in the "A" zone as an accessory use. Under the definition of "Home Occupation" (Section 100-13) , the professional office of a dentist is permitted .provided that the office is located in a dwelling in which the practitioner resides., or in a building accessory thereto. The Appellant (a practicing dentist) could establish a dental office-in his dwelling on the premises or in a building accessory thereto pro- vided he resided there and employed not more than one non-'resident assistant. Presumably; however, Appellant does not wish to have only his own dental office on the premises, but'instead desires to construct on the premises a professional office building having a length of 110 feet and a width of 58 feet, containing three suites of offices. Such a use is not permitted in an "A" Residential and Agricultural District. It is permitted in. the "B" and "B--1" Business Districts. Since the variance applied for is a use. variance, before this board may grant such a variance the record must show that: ('1) the land in question cannot yield a reasonable return if used only Southold Town Board of Appeals -12- December 5, 1981 Special Meeting (Joseph L. Lizewski - Appeal No. 2885 continued: ) for a purpose allowed in that zone; (2)' that the plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood which may reflect the unreasonableness of the zoning code; and (3) that the use to be authorized by the variance will not alter the essential character of the locality. - The courts have held that a claim that the property is yielding less than a reasonable return requires proof., in dollars and cents form, of all matters bearing upon the return available under existing zoning, including proof that. no permissible use will yield a reasonable return. The only dollars and -cents evidence in the record is Appel- lant's statement that he paid $65,400.00 for the property and his conclusory statement .that he has not made. a profit from the property. The Town assessor's records .indicate that .the premises (lot 12.1) was acquired by Appellant in 1981. There is no evidence that the property cannot yield. a reasonable return if used for other permis- sible uses. Therefore, this board concludes that the evidence presented does not support the grant of the variance -applied for. This board does believe that there is, however, . a public need for the type of facility proposed by the Appellant in the Hamlet of Cutchogue, and ,that perhaps the Town Board should consider the extension of the present "B-1" District to embrace Appellant's property. On motion by Mr. Grigonis seconded by Mi. Goehringer, BE IT RESOLVED, for the reasons set forth herein, the variance is denied. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. (Mr. Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. Being there was no further business. to come before the Board at this time,- the Chairman declared the meeting closed at approxi- mately 10:30 a.m. APPDULD Respectfully submitted, l Linda F. Kowalski, Secretary Chairman Board,,4, APPOW Southold Town Board of Appeals APPEALS B OARD MEMBERS SCOTT L.HARRIS rkSupervisor Gerard P.Goehringer, Chairman _; r Serge Doyen,Jr. j :. �r �1 Town Hall, 53095 Main Road James Dinizio,Jr. '•,n :; a� P.O.Box 1179 Robert A.Villa 's .: `�� Southold,New York 11971 Richard C.Wilton Fax (516)765-1823 Telephone(516)765-1809 BOARD OF APPEALS Telephone(516)765-1800 TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4157: Matter of the Application of Application of DEPOT ENTERPRISES, INC. for a Variance to the Zoning Ordinance, Article VII, Section 100-71C (which refers to 100-31C-4, 100-33) of the residential accessory use provisions) , for permission to establish and locate accessory outdoor recreational area with outdoor lighting incidental to the main use of the premises. Location of Property: 320 Depot Lane, and 29325 Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-12.1. Subject premises is zoned Residential-Office (RO) and contains a total lot area of 1.6+- acres. WHEREAS, after due notice, public hearings were held on March 18, 1993 and on April 22, 1993, and at said hearings all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, 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 requesting permission to locate outdoor recreational area with outdoor lighting as accesory uses incidental to the main use of this property. Submitted as part of this application are sketches showing a proposed volleyball court, fence areas, and the proposed lighting. 2. The property is located in the Residential-Office (RO) Zone District is contains a total area of approximately 1.6 acres, of which 147.39 feet fronts along the north side of the Main State Road and 173 . 13 feet fronts along the east side of Depot Lane. 3. The subject premises is bounded on the north by residences; on the west along Depot Lane by a gasoline station Page 2 - Appl. No. 4157 Matter of DEPOT ENTERPRISES, INC. Decision Rendered May 11, 1993 and a house all located in the Hamlet Business Zone District. North of the Hamlet-Business Zone is the Cutchogue West School which is improved with the school's main building and outside playgrounds and outside recreational areas. To the south is the Main State Highway and property zoned R-40 Low-Residential. 4. The location of the proposed outside recreational court and lighting is generally north of the existing parking lot with setbacks at not closer than 24 feet from the northerly property line and at least 30 feet from the easterly property line. The lighting is shown to be at each of the four corners of the volleyball court. 5. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property and there is no method feasible for appellant to pursue other than a variance - particularly since a substantial part of the buildable areas of this parcel consists of "front yards" - that area extending east from Depot Lane- and that area extending north from the Main State Highway; (b) the relief is not substantial in relation to the requirements; (c) the relief requested will not cause a substantial effect on available governmental facilities since the areas are not enclosed buildings and is directly related to the main use of the premises (recreational club) and not involving a separate business; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties since the proposed building will be located with an adequate setback and buffer area from the northerly property line at 32+- feet; (e) there will be no adverse undesirable change in the character of the neighborhood or detriment to nearby properties created by the location of the volleyball courts in the front yard area; (f) the relief sought by applicant cannot be achieved by another method other than an area variance; (g) the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in this neighborhood or zone district; Page 3 - Appl. No:4157 • Matter of DEPOT ENTERPRISES, INC. Decision Rendered May 11, 1993 (h) the difficulty is related to the uniqueness of the property and is not self-created; (i) the relief requested will be the minimum necessary to afford relief. Accordingly, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, to GRANT the relief as requested under Appl. No. 4157, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the lighting, which is proposed for seasonal playing of volleyball, be out by 10:00 p.m. ; 2. That additional screening be added to provide a staggered (or straight) buffer, inside the applicant's property line, for a distance of between 75 ft. and 100 ft. in length; screening shall be with fruit trees (or similar) of planted at a height of three (or four) feet, and maintained in good condition at all times for screening purposes; 3. That the use of the court be for the playing of volleyball and remain accessory and incidental to the main use of the premises in accordance with the Special Exception granted May 2, 1985 under Application No. 3322 for a private recreational club. The use of the volleyball courts may not be operated as a separate business. Vote of the Board: Ayes: Messrs. Dinizio, Wilton and Goehringer. (Absent were: Members Villa and Doyen) . This resolution was duly adopted. lk GERARD P. GOEHRINGER, HAIRMAN kE CEIVED AND FILED BY THE SOtiT11OLD TOWN CLERK DATE y/93 HOUR atoe Wt �r--� Town Clerk, Town of Sout .cld �oS�FFocK�oa APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman H T 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. y O� Southold, New York 11971 Robert A. Villa Olt Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4244SE. Application of DEPOT ENTERPRISES, INC. This is a request for a Special Exception, as amended, to include approval for the location and use of a proposed addition to the existing principal building located at 320 Depot Lane, Cutchogue.; New York. The proposed addition is an expansion of the existing recreational membership- club and is located in the Residential-Office (RO) Zone District. Property ID No. 1000-102-2-12.1. WHEREAS, a public hearing was held on June 8, 1994, at which time persons who desired to be heard were heard and their testimony recorded; and WHEREAS, 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. By this application, applicant requests a Special Exception for a proposed 30 ft. by 60 ft. addition for use as a "weight room" for exercise and health club activities related to the existing health and recreation club, all as shown on the June 6, 1994 site plan map prepared by Anthony W. Lewandowski, Land Surveyor. The setbacks. of the proposed addition are shown to be 92 feet from the westerly front property line and 86+- feet to the northerly property line: The number of parking spaces is shown proposed at 45. There are an existing buffer between the northwesterly parking area and Depot Lane of approximately 12-1/2 feet in depth and buffer area north of the parking area at approximately ten (10) feet in depth. The playground area is to be removed. The frontage of the subject property along the Main Road is 149.39 in length, and along Depot Lane 173.13 feet. 2. The premises at which the subject addition is proposed is known as 320 Depot Lane (and 29325 Main Road), Cutchogue, NY, contains a total area of 1 .63+- acres, and is located in the Residential-Office Zone District. The recreational building is and has been used for health-club Page 2 - Appeal No. 4244 Decision Rendered June 24, 1994 Matter of DEPOT ENTERPRISES, INC. business and office use, since its inception in 1985, when the property was zoned B-Light Business. (Prior to receiving a Special.•Exception 1985 the building was used as a dwelling•and offices. ) 3. At this time, the main building is under, review for a final Certificate of Occupancy pertaining! to a portion of the areas converted in 1985 from office and/or residential. to its present use and- pertaining to the restricted use of the second,floor. Simultaneously pending with this application is an amended site plan review before the Town Planning Board pertaining to the new addition. (Note: A site plan map dated 4-6-84 was approved previously and signed. by the. Chairman of the Planning Board on 7-19-85; also a temporary Certificate of Occupancy was issued by the Building Inspector on November 6, 1987 for the recreation center under No. Z16374, with a notation that the second-floor be non-habitable:) 4. Additionally, (a) this Board finds that the request for an addition to the recreation center by Special,: Exception is not improper; based. upon the prior Special Exception- jurisdiction in 1985 and Section 100-261 of the current zoning code .{as. confirmed by the Building Inspector in his April 21, 1994 letter); and (b) the master plan revisions adopted on January 10, 1989 changed the zoning of the subject premises from "B-Light Business" to "Residential-Office (RO)," which in effect removed retail and other commercial uses for establishments created after January 10, 1989; (c) the legislative body of the Town should enact a new zone district or zone category which would would allow business properties of this nature as a recreation center (this type of use was not included in the new zone district designations, such as HB, RO, LB, B, when revised under the 1989 Master: Plan and Zoning Code). (d) there has been no substantial: change in the dimensions of the property or size of the buildings since immediately prior to January 1989 or thereafter which might affect the circumstances of the revised master plan, or this application; (e) the surrounding area consists of the following): (1) to the north, residences; (2) to the west, Depot Lane and opposite Depot Lane to the west and southwest, a gasoline,station with auto repair services and a dwelling, each located in the Hamlet Business Zone District, (3) to the north of the -Hamlet-Business Zone District is the Cutchogue West School which is improved with the school's main ,building; outside playgrounds and outside recreational areas; (4) to the south is the Main State Highway and property zoned R-40 Low-Density Residential Zone District. Page•3 - Appeal No. 4244 Decision Rendered June •24, 1994 Matter of DEPOT ENTERPRISES, INC. 5. In considering this application, the Board also finds and determines: A. 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 proposed use is to be located or of permitted or legally established uses in adjacent use districts; C. That the safety, health, welfare, comfort, convenience or order of the town will not be adversely affected by the proposed use and its location; D. That the use • will be in harmony with and promote the general purposes and intent of this chapter (see notations; infra); 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 the building in which the proposed use is hereby authorized must be readily accessible•.for fire and•police protection. G. The Board has also considered subsections A through P of Article X11, Section 100-264 of the Zoning Code. Accordingly, on motion•by Member Wilton; seconded by Chairman Goehringer., it was RESOLVED, that permission is hereby GRAN FED for a proposed 30 ft. by 60 ft. addition to the existing health club/recreation center building, as applied, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. This approval is subject to the owner obtaining all written approvals from the Southold Town Planning Board, Suffolk County Department of Health Services, Southold Town Building Department, and any other agency having jurisdiction thereunder before occupancy. 2. Outdoor lighting must be shielded to the ground and not be adverse to neighboring areas. 3. Prior actions and conditions of this Board shall remain in full force and effect. 4. This action shall expire two years from the date of receiving all agency approvals having jurisdiction for the proposed addition, l Page 4 - -Appeal No. 4244 Decision Rendered June 24, 1994 Matter of DEPOT ENTERPRISES, INC. except when a building permit of the Town of Southold for the addition is in effect and construction activities commenced pursuant to said permit. Vote of the Board: Ayes: Messrs. Goehringer, Wilton and Dinizio. (Absent were Members Villa and Doyen. ) This resolution was duly adopted. I �^�rr/ ✓ zrr/. GERARD P. GOEHRrNGER, C IRMAN BOARD OF APPEALS RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE HOUR Town Clerk, Town Southold r so Ir APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman y rZ 53095 Main Road Serge Doyen, Jr. 19P.O. Box 1179 James Dinizio, Jr. 1' �O� Southold, New York 11971 Robert A. Villa ��lc �' Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4254. Application of DEPOT ENTERPRISES, INC. Variance is requested under Article VII, Section 100-71C (ref. 100-31C-4, 100-33) and under prior variance determined May 11, 1993 under Appeal No. 4157, for permission to modify the northerly yard setback for an accessory ball court. Location of Property: 320 Depot Lane and 29325 Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-12.1. Subject premises is zoned Residential-Office (RO) and contains a total lot area of 1.6+- acres. WHEREAS, a public hearing was held on July 14, 1994, at which time any and all persons who desired to be heard were heard and their testimony recorded <no opposition was submitted during the hearing>; and WHEREAS, 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. By this application, appellant requests a reduction in the northerly yard setback for the repositioning of the existing double volleyball court, which volleyball court with outdoor lighting was previously considered by the Board of Appeals under Appeal No. 4157 on April 22, 1993. The setbacks for the proposed repositioning of the double volleyball court are proposed to be reduced by eight feet from the original 22 ft. setback. 2. The most recent (June 6, 1994) site plan map was prepared by Anthony W. Lewandowski, Land Surveyor. Shown on this site plan is the new proposed addition which was considered under Special Exception No. 4244. That addition is proposed at 92 feet from the westerly front property line and 86+- feet to the northerly property line, which would protrude 1 Page 2 - Appl. No. 4254 Matter of DEPOT ENTERPRISES, INC. Decision Rendered July 14, 1994 onto the volleyball court area. The number of parking spaces is shown on the June 6, 1994 site plan to be proposed at 45. There are an existing buffer between the northwesterly parking area and Depot Lane of approximately 12-1/2 feet in depth and buffer area north of the parking area at approximately ten (10) feet in depth. The playground area, or fence enclosure, must be removed. The frontage of the subject property along the Main Road is 149.39 in length, and along Depot Lane 173.13 feet. 3. The subject premises is known as 320 Depot Lane (and 29325 Main Road), Cutchogue, Town of Southold, New York, contains a total area of 1.63+- acres, and is located in the Residential-Office Zone District. The recreational building is and has been used for health-club business and office use, since its inception in 1985, when the property was zoned B-Light Business. (Prior to receiving a Special Exception 1985 the building was used as a dwelling and offices.) 4. At this time, the main building is under review for a final Certificate of Occupancy pertaining to a portion of the areas converted in 1985 from office and/or residential to its present use and pertaining to the restricted use of the second floor. Simultaneously pending with this application is an amended site plan review before the Town Planning Board pertaining to the new addition. (Note: A site plan map dated 4-6-84 was approved previously and signed by the Chairman of the Planning Board on 7-19-85; also a temporary Certificate of Occupancy was issued by the Building Inspector on November 6, 1987 for the recreation center under No. Z16374, with a notation that the second floor be non-habitable.) 5. In considering this application, the Board also finds and determines: (a) that the essential character of the neighborhood will be not altered with a reduction in the setback of eight feet; (b) that the relief as requested is the minimum necessary to afford relief to the applicants; (c) the difficulties claimed do not violate the setback schedule in the Zoning Code pertaining to accessory structures since the setback from the rear property line exceeds the 20 ft. requirement; (d) that there is no other alternative available which is feasible for appellants to pursue for the volleyball court, as noted above; Page 3 - Appl. No. 4254 Matter of DEPOT ENTERPRISES, INC. Decision Rendered July 14, 1994 (e) in considering all of the above factors, the interests of justice will be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, that permission is hereby GRANTI-ID for the 8+- ft. setback reduction adjustment in the location of the volleyball court at the northerly setback, as requested. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk GE eR" GOEHRINGEIC/ CHAIRMAN, BOARD OF APPEALS RECEIVED AND FILED BY THE SOUTHOLD TOWN CLFIM DATEHOURPv a i� Town Clerk, Town of Southold f _ ----------------- APPLICANT'S PROJECT DESCRIPTION APPLICANT: Depot Enterprises,, Tne. DATE PREPARED: jul y 17, 201 4 1.For Demolition of Existing Building Areas Please describe areas being removed: N/A 11.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: Dimensions of floor above second level: 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: N/A Number of Floors and Changes WITH Alterations: IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 8,728 sq.f t. Proposed increase of building coverage: N/A Square footage of your lot: 69,066 sq.ft. Percentage of coverage of your lot by building area: 12.64% V.Purpose of New Construction: N/A 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): Flat Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? No 2.)Are those areas shown on the survey submitted with this application? N/A 3.)Is the property bulk headed between the wetlands area and the upland building area? N/A 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? No Please confirm status of your inquiry or application with the Trustees: N/A and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? NA Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel multiple use and the proposed use same wi rh _f 1e —Shop (ex:existing single family,proposed:same with garage,pool or other) Depo terprises, Inc. B M,-, Au ori. signature lind tkW Julie C. Hanus, Vice President FORM NO. 4 • TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-31254 __ -. Date: II/AVD-5 ......�.�. THIS CERTIFIES that the building RECREATION CENTER Location of Property: 29325 MAIN RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 102 Block 2 Lot 12.1 Subdivision __ Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 27, 2004 pursuant to which Building Permit No_ 30364-Z dated MAY 28, 2004 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 RECREATION CENTER AS APPLIED FOR & AS PER SE #3322 OF ZBA DATED 5/8/1985 & AS PER CERTIFICATION OF LAWRENCE TUTHILL, P.E. DATED 9/28/05. The certificate is issued to DEPOT ENTERPRISES, INC. (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL C-28 04/02/86 ELECTRICAL CERTIFICATE NO. N-269444 03/15/93 PLUMBERS CERTIFICATION DATED 10 7 92 JOSEPH L Z WSKI i l Authorized Signature Rev. 1/81 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The DUN-pose of this form is to provide information which can alert the town of possible conflicts of interest and alloy it to take whatever action is necessary to avoid same. YOURNAME: Depot Enterprises, Inc. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of July 20 14 Signatu Print Nam Ju ies C. Hanu Vice President of Depot Enterprises, Inc. k •• a ti 414 Its 1 . .k � .•, �:�.� �`.�r 7,°"' . ��� $1t`�4� ,�*R-C� 'y�'Ott ,,,,,,,.,_ ....r. - :r• ,�"•.' a � S Jam. rS. -ryS3irUA, iz JT ! '•y, ve�`I "r t 'd#�'��� '"��� r=• `:if �` ' � ,r��'fd.tt " '_ 5`ti�r'+ t E L.- i 'r,4"�` IIS• � i R:+ ". l: due:' =+r � '• ., + �� ,��� �y 4 r-y�• �. � .'c- 1-y � r s4���S � s � yrr , ,�'"x�,v� �r�'t`-�Sr`.n .4��f��: �` �����s°f�i•'��.�L'. �� `��'�Y�5,� S �a :�E- '�r e�, n °•t 1 � I t 4 .a f fl ~^i ly— J = ti.x- _ x..'" �t �✓�r� }-f.�i�ls� ��� � F° r 1r � y k �}c� 4� vxPy�'•�k'rd h. �S '�' L' 3.. , s 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. 1. Name of Applicant: Depot Enterprises, Inc. 2. Address of Applicant: 29325_sMain Road, Cutchogue, NY 11935 3. Name of Land Owner(if other than Applicant): same as applicant 4. Address of Land Owner: 145 Fleetwoo Road, Cutcbogue, NY 11935 5. Description of Proposed Project: consulting, designing and marketing flower shop 6. Location of Property:(road and Tax map number) 1000-102-2-12.6; Main Road, Cutchogue 7. Is the parcel within 500 feet of a farm operation? {X} Yes { }No 8. Is this parcel actively farmed? { ) Yes {X No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. SCTM#1000-102-06-20.2-Wickham Farmland, LLC-PO Box 928, Cutchogue, NY 11935 2. SCTM#1000-102-06-23.2-Wickham Farmland, LLC-PO Box 928, Cutchogue, NY 11935 3. SCTM#1000-103-11-1.2-Wickham Farmland, LLC-PO Box 928, Cutchogue, NY 11935 4. SCTM#1000-102-01-9.2-Barbara Grattan-427 Ostrander Ave. , Riverhead, NY 11901 5. 6. (Please use the back of this page if there are additional property owners) Depo nterprises, Inc. 3ig6turqf Applicant Date Ju e Hanus, Vice President 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 the time the application is submitted for review. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 - 102 - 2 -12.6 The Application ]j has been submitted to (check appropriate response): Town Board U Planning Dept. 0 Building Dept. Kd Board of Trustees 13 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 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: Consulting, designing and marketing flower shop at the existing commercial site Location of action: 29325 Main Road, Cutchogue, NY 11935 Site acreage: 1.586 ac. Present land use: recreation Center, offices, Present zoning classification: RO (Residnetial Office) 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: Depot Enterprises, Inc. (b) Mailing address: 145 Fleetwood Rd. Cutchogue, NY 11935 (c) Telephone number:Area Code( ) (d) Application number, if airy: N/A Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No❑ 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 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 ❑ Yes ❑ No 9 Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 0 Yes © No Fr�- Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria E] Yes El No E Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 11 No 0 Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes G No Q Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No❑ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section 111—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. n ❑ YeD No❑ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies;Pages 57 through 62 for evaluation criteria. Yes ❑ No❑ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No❑ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable Created on 512510511:20 AM 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 Name of Action or Project: Depot Enterprises, Inc. Project Location(describe,and attach a location map): 29325 Main Road, Cutchouge, NY 11935 (SCTM#1000-102-2-12.6) Brief Description of Proposed Action: Consulting, designing fl6wer shop at the existing commercial site Name of Applicant or Sponsor: Telephone: Depot Enterprises, Inc. E-Mail: Address: 145 Fleetwood Rd. City/PO: State: Zip Code: Cutcho ue NY 11935 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X 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 governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X 3.a.Total acreage of the site of the proposed action? 1•o b acres b.Total acreage to be physically disturbed? N A acres c.Total acreage(project site and any contiguous properties)owned 1.586 or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial K Commercial N Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. •Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 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: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X 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: X 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO ❑YES Page 2 of 4 18.,Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/spo o name: Depot Enterprises, Inc. Date: 7/18/14 Signature• Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project 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?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate 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? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large 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 impact should be assessed considering its setting,probability of occurring, duration, irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. i; 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 Officer) Page 4 of 4 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emplovees.The purnose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: teddy Charles F. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 18 dayof ,l„1 y .20 4, Signature �f Print Name Charles R. Cuddy M 0 0 kr -n (D z�7 M m ;o 20 0 Lf) nd n CD IV >E -,o jo LA -i m L I -n 06 (D rn n 'j -n -n ;u ;u m 01\ m N om" D m m i ' M �``� 'v ,` �'' En f 0 z;- 0 C, jo z z lJ pp N 0 > m E/I r LI flu ty :+ CD 5b 5 M lC -UN 0 -n C-) IN i7— r 00 C- c c T. NE- d =;- CD , O W N S e? 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SE O � ( � Determination as to whether use is permitted: - -Initial Initial�Dte�nnlllation as to whether site pian is required:_ Signature of Building Inspector Planning Department (P.D.) Referral: I Date of Comment: P.D. Date Received:= n -fie ,S t✓oUe. Ce c�, C � - . Signature o Plannin ept.-Staff Reviewer Final Determination Date: � f Decision: e;,,nat,irP of Riiildina InsnPcior ��. SURVEY OF PROPERTY • FOR BOUNDARY LINE ALTERATION SITUATED AT • CUTCHOGUE TOWN OF SOUTHOLD / SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-102-02-11 1000-102-02-12.1 KEY MAP SCALE 1^=20' 1 SCALE 1'=600' 2]oo•wu JUNE 1. Zmt04 •u w•r+w LOT AREA DATA a EXISTING PARCEL 1 14M'.•q.n. \T� 1000-tai-w-11 .JLf•r ` EXISTING PARCEL] 1�D Ilzo-lw-w-u.1 Ira m V AEU TD BE TRANS{ERED 3.4 .11 p.IL IRON PARCCL]TO PARCEL 1 NEW PARCEL 1 ]0,]3gL p.II. O.W•• NEW PARCEL 2 aa.t. J O TOTAL Lw0••. •1 ♦ Wit. Io0��7yyCLLpp1pp V� pT Cp•K,YpPS INLIUOL PAIN MIWINa WffN POACH d NOIOf OVER STOOPS TBMN tELlm)1 ARCO f IV- / � a.C.TA%Na•1000-tw-w-13.1 YO • " F 4 IF a �0 '1'7 =Fl Nathan Taft Corwin III7 Land Surveyor ivg I Z z Z4 70 ct -� ! z Ol I i I . D -p Cf) r 0 p :1)I OC m I� C (1 0 W Z ` = cn o 90 O C N m f 4;zl- c w o „ „ O \ �, M �� r T o o N _ � 1 � Q' > O _ _ dt3 0 �` o` C � r m o m m O � rn � i G O O -� I I '� \ m m D m ` n -2) 0 M -r- T -,j NO I C/) c co O O m D m 0 co p O z I m Z o - o ' W .6 r"D 1 :.r - . m m o CD CD CD CIA, � ±:C? �"O• � O _ -O:r •(p �j•lir rf�'�:=' } 1 ` l ^ �- lav F�i'k •\-� /..1 CD V I ♦J JN o 0 CD o �- I°o o 3 r 1 y3 o m N ^' ° 7 ru L v j� v-'� � � � �� N l • b� � R-It - 0 0 O O O p N O "* 3 3 � s v1 v, in o in c N U 3 f^ TI p .. N _ .N O O CD i W m x iOUTHOLD BUILDINC -ERMIT APPLICATION CHECKLIST DEPARTMENT Do you have or need the following,before applying? .L Board of Health ),NY 11971 4 sets of Building Plans '65-1802 Planning Board approval F65-9502 Survey vn.NorthFork.net PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees C.O.Application Flood Permit ,20 Single&Separate Storm-Water Assessment Form Contact: .20 Mailto: Charles R. Cuddy PO Box 1547, Riverhead, NY13901 Phone: (631) 369-8200 20 Building Inspector APPLICATION FOR BUILDING PERMIT 1L 17 2014 0 Date July 16, _'2014 INSTRUCTIONS $t.QG CEPI -gpplicatb1fl!MUST be ompletely filled in by Typewriter or in ink and submitted to the Building Inspector with 4 ccurate plot plan to scale.Fee according to schedule. plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or ;rways. work covered by this application may not be commenced before issuance of Building Permit. n approval of this application,the Building Inspector will issue a Building Permit to the applicant.Such a permit a the premises available for inspection throughout the work. wilding shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector cate of Occupancy. y building permit shall expire if the work authorized has not commenced within 12 months after the date of not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the )een enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an )nths.Thereafter,a new permit shall be required. CATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or )r the construction of buildings,additions,or alt6rations or for removal or demolition as herein described.The :s to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to admit )ectors on premises and in building for necessary inspections. Depot E�r rises, I B Charlelsg' tweei pbc t or ame,i a oration) y, tgen 145 Fleetwood Rd. Cutchogue, NY 11935 (Mailing address of applicant) applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder Owner er of premises Depot Enterprises, Inc. (As on the tax roll or latest deed) a corporation,signature of duly authorized officer R Cuddy. Agent for Depot Enterprises. Inc. and title of corporate officer) nse No. N/A ense No. N/A ,icense No. N/A License No. N/A of land on which proposed work will be done: 9325 Main Road Cutchogue !tuber Street Hamlet ax Map No. 1000 Section 102 Block 2 Lot 12.6