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HomeMy WebLinkAbout5365APPEALS BOARD MEMBERS LTdia A. Tortora, Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION MEETING OF SEPTEMBER 11, 2003 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (6313 765-9064 ~T~lepho!~e (631) 765-1809 http.//s 6ut~r thfor k.net OCT I7 2003 ZBA SE#5365 - PAUL PAWLOWSKI (REFLECTING NATURE I.ANDSCAPING. IN~.) ~foperty LbCation: 260 Cox Neck Road, Mattituck; HerimCue Harbor Filcd [,lap, Lot #;0. TM #11.3-14-10. ,, ' ~ FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is situated in the Limited Business (LB) Zone District and contains a total area of 47,760 sq. ft: with 153.51 ft. frontage along Cox Neck Road in Mattituck. The property is vacant and adjacent on the north, by a dwelling (R-80 Residential Zone) on the east by a parcel zoned R-80 Res~i:tent~a and another parce zoned L~mited Business, and to the south by properties zoned Limited Business. Applicant's property is also shown as Lot #10 on the Map of Heritage Harbor filed 9-18-1979 in the Suffolk County Clerk's Office as Map #6853. APPLICANT'S REQUEST/BASIS OF APPLICATION: A Special Exception under 100- 81B(2) for a landscaping business with storage and office areas. All parking and screening will be determined by the Southold Town Planning Board as provided under theZoning Code site plan regulations for the Limited Business (LB) Zone District. STANDARDS/REASONS FOR BOARD ACTION: After review of the requirements set forth pursuant to Chapter 100 governing contractor uses by Special Exception review, and on the basis of testimony presented and personal inspection, the Board finds: 1. A landscape contracting business is permitted in this LB Limited Business Zone District under Section 100-81B(2) of the Town Zoning Code, subject to special exception authorization or the,Zoning Board of Appeals. In this review the Board determines that a landscape contractor business 'use is in harmoriy with the zoning ordinance and will not adversely affect the neighborhood when meeting the code requirements. 2. In addition, the Board has reviewed the General Standards governing Special Exception uses set forth in Section 100-263 and finds that: A) The use of the property as a landscape contractor's office and related activi- ties in the proposed new building will not prevent the orderly and reasonable use in this zone district and adjacent districts. The adjacent oroperty on the north is improved with a single-family dwelling, zoned R-80 Residential, on the east by a parcel zoned R-80 Residentia~ and another parcel zoned Limited Business, and to the south by properties zoned Limited Business. Opposite Cox Neck Road is an existing winery business also located in the Limited Business Zone District. ,Page 2 - September 11, 2003 'ZBA SE#5365 - Paul Pawiowski 113.-14-10 at Mattituck B) This use will not prevent orderly and reasonable use of permitted or legally established uses in this zone district or adjacent use district. C) The safety, health, welfare, comfort, convenience, and the order of the town Will not be adversely affected by the proposed use and its location. D) The use will be in harmony with and will promote the general purposes and intent Of the code. E) The use s compatible with its surroundings and with the character of the neighborhood and, of the community in general, particularly with regarding to visibility, scale and overall appearance. F) The structures, equipment and material will be accessible for emergency protection. In making this determination, the Board has also reviewed other matters under Section 100-264, and finds that no adverse conditions will result from this authorization: A. There will be no adverse change in the character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of such permitted uses. B. Property values will be conserved. A landscape business in this LB Zone is a listed authorized use in the Zoning Code, allowed by Special Exception approval from the Board 'of Appeals and site plan approval from the Planning Board. C. The location of the proposed building will not cause traffic congestion on public streets, highways and sidewalks. D. There is availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluen! (whether liquid, solid, gaseous or otherwise) as a result of this use. E, The use or the materials incidental thereto will not give off obnoxious gases, odors, smoke or soot. Outside storage of landscaping or construction debris is not permitted as a condition to this Special Exception. F, The use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. Outside storage of landscaping or construction debris is not permitted as a condition to this Special Exception. ~P~ge 3 - September 11, 2003 ;ZBA SE#5365 - Paul Paw[owski 113.-14-10 at Matt[tuck G. The operations as a landscaping business will not cause undue interference with the ,orderly enjoyment by the public of parking or of recreational ~acijtes, exist ng or ~roposed by the town Or by other competent governmental agencies. H. Off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate, is subject to review and approval of the Southold Towh Planning E~oard under the site plan regulations. L There is no evidence to show that there will De any hazard to life, limb or property because of fire, flood, erosion or panic by reason of or as a result of the use or by the building to be used, or by the accessibili:ty of the property or structures thereon for the C~nvenient entry and oPerat on of f re and other emergency apparatus. There will not be undue concentration or assemblage of persons upon such plot in the operations as a landscaping business. J- The.u,se and the. building location will not cause an overcrowding of land or undue conCentration (~t' polJu at on K. The plot area has been deemed sufficient, appropriate and adequate for this use. L. The use is not unreasonably near a school, theater, recreational area or other place 'of public assembly. M. The site is suitable for a landscaping business office and related accessory uses considering its size and the character of the neighborhood. N. Concer, ns with respect to outside storage of debris has been addressed as a condition of'this Special Exception. No other evidence has been presented to show that there would be any detrimental impact to adjacent properties and land uses. O. Adequate prov~sio~ has been made for the collection and disposa of storm-water runoff, sewage, refuse, solid, and liquiC waste. There will be no gaseous waste generated from this project. P. The natural characteristics of the site are such that the proposed use may be introduced without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off`the site. Page 4 - September 11,2003 ZBA SEC~L5365 - Paul Pawlowski 113.-14-10 at Mattituck RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Tortora, and duly carried, to GRANT the Special Exception for a landscaping business as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1 There shall be no outside, storage of landscape debris, such as large stumps or trees, or construction debris 2. Any temporary storage of stumps or other debris shall be removed from premises; 3. The evergreens and cedars along the north side of the property shall be permanently maintained. The Board of Appeals reserves the right to review and inspect the property concerning the operations as a landscaping business and the conditions of this Special Exception approval. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and, other features as are expressly addressed in this action Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Orlando and Oliva. (Absent was Member Horning.) This Resolution was duty ado~e~dJ¢-~ Ly~3ia~. Tol~/r,~ - App~ove~l'6~ Filing 10//5 /03 / APPEALS BOARD MEMBERS Lych'a A. Tortora. Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 11. 2003 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971-0959 ZBA Fax (631) 765-9064 Teleph6ne (631)~ 765-1809 http'd/southoldt~tt~rk.net 0 CT '<]~7 2003~op,~ Town Clerk ZBA #5365 - PAUL PAWLO~NSKI (REFLECTI.NG NATURE LANDSCAPING, INC,) Prbp~i-ty Location: 260 Cox Neck Road, Mattituck; Heritage Harbor Filed' Map, Lot #10. CTM #113-14-10. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property is situated in the Limited Business (LB) Zone District and contains a total area of 47,760 sq. ft. with 153.51 ft. frontage along Cox Neck Road in Mattituck. The property is vacant and adjacent on the north by a dwelling (R-80 Residential Zone), on the east by a parcel zoned R-80 Re~i~ent al and ai~ther parcei zon,e,d Limited Business, and to the south by properties zo~e~l Lira ted Business. Applicant s property is also shown as Lot #10 on the Map of Heritage Harbor filed 9-18-1979 in the Suffolk County Clerk's Office as Map #6853. BASIS OF APPLICATION: Building Department's April 22, 2003 Notice of Disapproval, citing-Sectiods 100-82A and 100-83A. The reasons stated in the Notice of Disapproval are that a setback, is proposed for a new building on a 47,741+- sq. ft. lot at less than 100 feet from' tl"i:e right-of-Way facing Cox Neck Road. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 21, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant is requesting a Variance a setback of the propose new contractor's business building with a setback at 60 feet from the front lot line along Cox Neck Road. ADDITIONAL INFORMATION: The applicant also furnished the available computer image that was discussed and requested during the August 21, 2003 public hearing, which has been made a part of the record REASONS FOR BOARD ACTION: O~ the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2 - September 11. 2003~''~ ZBA ¢k5365 - Paul Pawlowski (Variancel 113.-14-10 at MattittJck 1. Grant of the alterative relief noted below will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The appliCant's property ~s zoned Limited Business. The property to the south is also zoned LB and rnproved with bus, inesses; the property to the north is zoned Residential Rr80, and rnpreved With a ~i~gle-family dwelling. The applicant's 10t, size do~s ~iot me~t the )0,0~0 bulk scheddl? size in the LB zone, with th~ ex4sting 47,760 sq. ft. The setback is ]15o req8ired by th~ "code.to be 100 ft: from Cox Neck~ Road ~nd the 'easterly yard )ehii~d.' the proposed building is quite la'rge, allowing for an 80 ft. set, back from'Cox Neck ~:bad, similar to the setback ~f the house on the northerly adjacent 10t. .2..Thee. benefit sought by th,e applicant ca,not be achieved by some method, feasible for ~th'e~ tpplicant to pu~'Sue, other ;~han an ar~¢ var a~ce!~br Setl~acg:~ arid the bulk schedule !i~eq8 ttmen[s i~n th'e ~B Zone for'a new bu'~ness buildirtg~ The,~applicant proposes a,60 ft. !setback frgm. Cb~ N~ck Road, althr, ough there fs a large a'meunt of land available in the ~re2~ e~te~ly ~s'ectibr~ of the 3. The varfa,nce granted herein is substantial. The applicant requested a 40% reduction ~rom ~he co~[e'r~uir;~ment, and the variance granted allows a ~0% reduction. Also the sZ~ bt, ~[~e ot s, ,a rqost 50% ess.than the bu k schedu e requ rement of 80 000 sq ft. %h'e,~.riar[Ce ~g[anteci perm,its a 20 ft. reduction in the code required 100 ft. minimum, ~'hi¢b equal ~ the .Setb;ack' of the adjacent northerly dwelling (ret. 3-24-82 updated {sun/~ey~p~'epa~ed by Harold F: TranChon, Jr., P.C.). 4. The diffic~.!ty w.as.self,-created when the new building was plannedwithout conformity to tb~ code S~(back re(~U~rement from Cox Neck Road that has been in effect since 1~99~i.' 5. Board members'did have a concern that the property be used as a landscaping yard and not aS a recycling yard for trees and stumps. The applicant assured the Board that th~ parcel wOUld be used only for storage of landscaping equipment and not as a recycling yard, therefore there will not be adverse effect or ~mpact on physical or envfronm,ental 'conditions in the neighborhood or district. The proposed building and site will also ~e Subject to the requirements of Planning Board in its review under the site plan regulatioris of the Zoning Code. 6. Grant of the alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a landscaping business, while preserving and prot~ctin, g the character of the neighborhood and the health, safety and welfare of the comi*nuhity. Pa e3 Se tereber11 2003 g - p , ~, ZBA #5365 - Pau PawlQwsk {Va:ri~nce) 113.-14-10 at Mattituck RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member' Tortora, and duly carried, to DENY the setback requested of 60 feet from Cox Neck Road, and to GRANT Alternative Relief for an 80 ft. minimum setback from the property tine along Cox Neck Road, and GRANT approval for use of this 47,760 sq. ft. lot zoned Limited Business Zone District, SUBJECT TO 'I'NE FOLLOWING CONDITIONS: 1. Ttiere shall be no outside storage of landscape debris, such as large stumps Or trees, or construction debris 2. Any temporary storage of stumps or other debris shall be removed from premises; 3. The evergreens and cedars along the north side of the property shall be permanently maintained. 4. Board reserves the right to review and inspect the property concermng these conditions. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Odando, and Oliva. (Absent was Member Horning.) This Resolution was duly adopt, ed -~¢,~;8~-.,. Lyoia~.Tortor~/-/,~ppr~)~d ~or~Fili~g - 10//~ /03 -- FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL TO: Reflecting Nature Lar~dscaping PO Box 814 Cutchogue, NY 11'935 Please take notice that your apphcation dated April 15, 2003 For permit to construct a building .... for a landscaping busxness/office at Location of property: 260 Cox Neck R0~ad, ~~~ County Tax Map No. 1000 - Section 113 BtocE 14 Lot IO DATE: April 22, 2003 Is returned herewith and disapproved on the following grounds: The proposed construction, on this 47,741 square foot parcel in the LB District, is not permiited pursuant to Article VIII. Section 100-83A, which states; "Structures shall be set back at least 100 feet from the right-of-way." In addition, the proposed construction is not permitted pm-suant to Article V~I Section 100-82A, which states; "Except as otherwise provided herein, no buildings or premises shall be used and no building or part thereof shall be erected or altered in the LB District unless the same conforms to the BuLk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full." "' Bulk schedule requires a minimum lot size of 80,000 square feet. According to Article vm, Section 100-81B2, "Contractors' businesses or yards, includin,~ but not limited to building, electrical and plumbing yards" reqmre a special exception approval from the ',Southold Town Zoning Board of Appeals. qlowi~oposed construction, total lot '~utho~ized Sigrmture coverage will be approximately 5 percent. licant: Any change or deviation to the above referenced application, may require further CC: file, Z.B.A. © APPLICA~TION TO THE SOUTHOLD TOWN BOARD OF APPEALS ~ f t For Office Use Only ~. ~ -- ~ Fee:$· FiledBy~,~%C~' Date Assigned/Assignment No ~.g~V,~(3~5~ Office Notes: Applicant/Owner(s): Mailing. Telephone: Location: HouseNo.Z(-~OStre~e~_~l~'O~'/~E-'~:g~--t:~'t~ Hamlet 32PEAL T~ ~EN DETE~INATION OF THE BUILD~G ~SPECTOR Authorized Representative: Telepho.e: Please specify who you wish correspondence tt) be mailed to. from the above listed nam.es: ,~pplicant/Owner(s) Representative [] Other: Authorized WHEREBY +HE BLTILDIN G INSPECTOR DENIED AN APPLICATION DATED FOR: ~uiiding Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction Provision of the Zoning Ordinance Appealed. inflieate Article, Section, Subsection and paragraph of Zoning O ~_..OJ:xl$n-a-~ee by numbers. Do not quote the code. . Article ~ Section 100- ~Subsect, on Type of ~An Appeal is made for: ~ Variance to the Zoning Code or Zoning Map, [] A Variance due to lack of access required by New York Town Law-Section 280-A. El Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal O has as not been made with respect to this property UNDER Appeal No. Year Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed).: (1) An undesirable changewl! not be produced in the CHARACTER ofthe neighborhood or a detriment to nearby properfie, s, if granf~d, because: (2}, T~h~ benefit sought by the apphcartf CANNOT b'e achieved by some method feasible for the applicant fo. pursu~ other than a~ area variance, because'..~,,~ (3) Theamount of r~ief requested is not, substantial because: (4) r have an adverse effect or impact on the physlcgl or environmental been self-created? ( ) Yes, ~ ~No. If not. is the construction ( ) Yes, or ~No. (6) Addifion~ in, formation about the surrounding topography and building areas that relate fo fh~ diffieully in meetin, g ,the code requirements: (attach extra sheet as needed) This is ~the MINIMUM fhat~is,necessary and adequate, and af the same time preserves and profec,fs the character of' the neighborhood and the health, safely, and welfare of the community, y~-~ ,~, (~'"Check this box and complete PART B, Questions on ~r~ext fo a r.STANDARD$, (Please consult your attorney.) and. y~ofary area below. Sworn to before me this day of~ ....... (Notary Publi~) / "ZBA App 9130/02 PROJECT DESCRIPTION (Please include with Z.B.A, Application) I. If building is existin~ and alterations/additions/renovations are proposed: A. Please give the dimen~ll square footage of extensions beyond existin~ buitding2 D/mensions/size: ~lilll~l~ f Square footage: B. Please give the dimensions amd sqn~e footage of new proposed ~undafion areas w~mh do not extend beyond the existing buiI~ Sq~e footage: ~ If land is vacant: Please give dimensions mad overall square footage of new construction: D~an~m~size: /, / ~ ~ ~ . Squ~e footage: ~ ~{ ~ . Height: IIL Propose and use of new GOtlS[PdO~iOI1 requested in this application: Additional information about the surrounding :ontours or nearby buildings that relate to the difficulty in me~~Cc, q~ir emenr ( s ~: V. Please submit seven (7) photos/sets after staking comers of the proposed new construction 7/02 Please note; Further changes, after submitting the above mjbrmation, mus~ be placed m wnung and may require a new Notice of DisapprovaI ro sho'~ changes ro the initiai lolans If additional time zs needed please contact our office, or plea~e check ~i~h Building Department 7d5-7302; or Appeah' Depar~menz 755-1805~ zf k :u are nor sure Thank you QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subj~ct~m'emises listed on the real estate market for sale? ~ Yes ~o B.[2Areyesthere~o~nY~lSr°p°sals to change or alter land contours? //~ C. 1) Are there any areas that contain wetlan~ grasses? // ~IAre the wgtland greas shown on the map submitted with this application? /~/_~ - Is th~ property bulk headed between the wetlands area and the upland building area? / 4)[fyour Pr~al!,erty contains wetlands or pom[ arms, have you contacte_d/tt~.oftSc~ of the Tovm Trustees for its determination of jurisdiction? r''/ D. Is the e a depression or slopingj~!~v~fion near ~ area of proposer[ construction at or below five feet above mean sea level. ~/'~' _ (Ifnot applicable, state iga .) E. Are there any patios, concrete barriers, bulkheads or ~ that exist and are not shown on the survey map that you are submitting"t s~/~7 (If none exist, please state "none".) ./ F. Do you have any construction raking place at this time concerning your premises? _ If yes, please submit a copy of your building p~rmit and map as approved by the Building Deparm~ent. If none, please state G Do you or any co-owner also own other land close to this parcel? If yes, please explain where or submit copies of deeds. and proposed use _.,~'7~/~/U' ~ ~-~/~ /--A/~orizeCnature and Date / t~ ~ / A?'PL]CA~ TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the parr of Town' officers and employees. The purpose of t.b:s form is to provide information, which can alent the Town of possible conflicts of interest and allow it to_ take whatever action is aecessa~ to avoid same.. (Last name, firsl name, middle initb, l, tmlcss yoa are applying ~n-th~ name ofsom~oneelseoroth_ere~ly, suchasaoompm~¥ Ifso. ind~catethe other person or company name.) NATURE OF APPLICATION: Check alt that apply.) Tax Grievance Variance ~ Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name tke activity: Do you personally, tot through your company, spouse, sibling, parent, or child) have a relationship with any officer or ~mployee of the Town of Southold? ~'Relationship" includes by blood, marriage, or business interest. "Business interest" mea~s a business, including a partnership, in which the Town officer or employee has even a partial ownemhip of (or employment by) a corporation in which the Town officer or employee owns. more than 5% of the shares. YES NO ~ [f you answered "YES"_ complete the bal is form and date and sign where indicated Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below~ and/or describe the relationship ha the space provided. The Town olT~cer or employee or his or her apply): parent, or child ~s (check all that A the owner of greater of the corporate stock of the ~ applicant is a corporanon); . B) the of any interest m a non-corporate entity 2hcant is not a corporation); C) director, parmer, or employee of the ~pphcant: or D the actual applicant DESCRIPTION OF RELATIONSHIP st~ S.21 2510 E. ~o,0) (4ou COX NECK ROAD (39.7) (V~CANT} NOTE SEPTIC TANK. CESSPOOLANDV/ELL LOCATIONS BY OTHERS SUFFOLK COUNTY DEPT. OF HEALTH SERVICES FOR APPROVAL OF.CONST. ONLY DATE H.$. REF. NO, APPROVED BY DEC i5.19~2 FINAL'SURVEY RESURVEY 3 ~20- 1964 THE WATER SUPPLy & SEWAGE DISPOSAL FOR THIS RESIDENCE WILL CONFORM TO THE STAND. ARDS OF THE SUFFOLK COUNTY DEPT. OF HEALTH SERVICES, ';~U~IRANTEED ONLY TO ~ll "F fRANCfiOR IR N.Y, LIC. NO. 04899E NA~E ADDRESS TELEPHONE , JOB NO. 81-94 .~ILE NO, HERITAGE HARBOR SURVEYED FOR RANDALL J, & CAROL FEIN~ERG LOT N~9 MAPOF HERITAGE HARBOR $1TUA~E~ AT MATTITUCK TOWN OF SOUTHOLD -SUFFOLK COUNTY. SCALE I" = 50' DATE 4- 13-1981 FILED MAP NO. 6853 DATE SEPT. I~1979 BOOK NO. LL PAGE HAROLD F, TRANCHON JR. LAND SURVEYOR SUCESSOR TO WILLIAM G, MEIER NORTH COUNTRY ROAD - WADING RIVER NEW YORK 11792 1516) 929-4695 2 3 4 5 8 9 10 11 12 13 14 1S 16 17 18 19 20 21 22 23 24 25 78 application? Seeing ~o;hands, I'm going to make a motion to Close the hearing and reserve decision until later. BOARD MEMBER ORLANDO: Second. CHAIRWOMAi{ TORTORA: Ail in favor. (Whereupon, all Board Hembers responded in favor.} CHAIRWOMAN ToRTORA: Thank you very much for coming in. The next hea~ing is in behalf of Paul Pawtowsk~ia~a'Re'f!ee{~g Nat~® La~dscap$ng. Is there anyone here who would like to speak on behalf of that application? Good morning, or afternoon. Please state your name for the record, sir? MR,. PAWLOWSKI: Ky name's Paul Pawlewski, on behalf of Reflecting Nature Landscaping. CHAIRWOMAN TORTORA: What would you like te tell us about your application? MR. PAWLOWSKI: This application is for special use for a contractor's yard and special exception for setbacks from 60 -- from 100 te 60 feet from the road. CHAIRWOMAN TORTOHA: Tell us a little bit about your business, Mr. Pawlowski. MR. PAWLOWSKI: Basically Reflecting Nature Landscaping is all landscape matters, landscape construction and landscape maintenance. CHAiRWOMA~ TORTORA: We do have a note in the file here. Let me just get ©ut the right one, from the planning board. The planning~bosrd has reviewed this; apparently there has been a public hearing on this and they're kind of waiting for us to comment on it. MR. PAWLOWSKI: Yes. CHAIRWOMAN TORTORA: I'm looking for the right - just give me a moment,~ here. I did have a ceupIe ef questions right Qff the bat, and that is why you did net, because the property's kind of an irregular shaped -- MR. PAWLOWSKI: Yes. CHAIRWOEAN TORTORA: First ef all, why you didn't center the building more to the COURT REPORTING AYD TPJkNSCR!PTION SERVICE (631} 878-8047 1 79 6 7 8 9 10 11 12 13 14 16 17 18 19 2O 21 22 23 24 25 center of the property, rather than having it to the north property line, which is a residential property? MR. PAWLOWSKI: It was basically, when it was -- the site plan was made up, I believe it was 'cause of setbacks and buffers as far as the north and south sides, there was no real reason ~or it, and it also had to do with there's a curb cut in place already, so how you would enter into the building it's already there. So we had to like set up for that too, the south side of the building is where you would enter into the parking area. So we were trying to work off the original cnrb cut. CHAIRWOMAN TORTONA: That is a developed residential lot to the north? MR. PAWLOWSKI: To the north, yes. That's who I purchased the property off of. CHAIRWOMAN TORTORA: Because the property to the south is already commercially zoned, you know, that was kind of the question, why not closer to the commercial property rather than the residential zoned property. You answered the question, it's because of the way the curb cut, but I don't think it would be that much more difficult to kind of redesign it to move it over a little bit. That was the first concern that I had, and the obvious thing I did read through all of your submittals and the obvious question is why can't you meet the 100 foot setback? MR. PAWLOWSKI: Actually, this has been in the planning board for 15 months, and I wasn't even aware. We had submitted it, and we actually had a few meetings before I submitted the site plan~ which went over setbacks and every requirement so we would make our site plan to what the requirements are. Not until the public hearing, the morning of the public hearing, was I made aware ef the proper setback ef 100 feet, which is 14 months later. CHAIRWOHAN TORTORA~ Did you initially have the plans reviewed by the building department? HR. PAWhOWSKi: Yes_ Well, I'm COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878 8047 8O 3 % 8 10 11 t2 13 18 20 21 2S non sure, Victor. or the planning board had them. like I said. for 14 months, mlmost 15, and they had ~ few work sessions. We had three mo four work sessions on the whole sine plan; everything was fine, and, like I said, wasn'm even aware. I know ignorance is -- CHAIRWOMAN TORTORA: That's unfertuname. Probably tm occurred because the plans were probably nom reviewed by the building department. MR. PAWLOWSKI: Probably. 2~AIRWOHAN TORTORA: Because the planning board dens non generally revmew setbacks and so en and se forth. So the answer is? HR. PAWLOWSKI: Well, the answer is since I've been waiting this long and the house is nexE no the resilential let, and the building, they're very close ne 60 feeE from the road and also the whole purpose is Ee have things parked, my trucks parked behind the building. It's hOE going me be fez retail. I don't need the space up fronn. I'd rather have the space in the back. CBAIRWOPLAN TCRTONA: You have quite a good area in the back. HR. PAWLOWSKI: Yes. CHAIRWOMiqN TORTORA: What are you doing? MR. PAWLOWSKI: It's all parking and then a few buffer zones ef lawn, you know, corrugated stone. CHAIRWOMAN TORTORA: The corner up there, that triangular piece that abuts the deli property; what are yen putting up there? MR. PAWLOWSKI: Nothing, really. CHAIRWOMAN TORTORA: Se, really you could move it back 100 feet, if yen wanted to? MR. PAWLOWSKI: I could, but it's also how the property is, 40 feet is quite a bit of land. Se that's why I'm putting in for the variance and the site plan's already set up for the original -- what we expected to be to code, so to have to ge back and change the site plan, the cost ef the variance is a let cheaper than doing the entire site plan and COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878 8047 2 3 4 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 the 14 months. CHAIRWOMAN TORTORA: Probably going to have to be modified anyway. MR. PAWLOWSKI: Either modified or completely changed from health department, .you know, the ripple effect is a lot different. CHAIRWOMAN TORTORA: Un~0rtunately the unwieldy process of permitting ends up in many, many changes. MR, PAWLOWSKI: We've done probably about 20 changes t~ that site plan to get pretty much approval to the planning board; everybody was in shock when the setback wasn't correct. As far as going from 60 to i00 feet, with my business it's better to be able to turn around in the back parking area, that would leave me more room in the back part of the building. The front part is just for landscaping, it's completely screened. BOARD MEMBER ORLANDO: You already have an existing wall up there? MR. PAWLOWSKI: Yes. BOARD MEMBER ORLANDO: Is this lot completely cleared? When I was there there was a hedge row in the back. Is that your property line? MR. PAWLOWSKI: Yeah, the residential side, there's existing cedars, that's mine. The 30 foot, that's screening residential side. In the back, most east side of the property, that's a hedge row, that's mine and north side, which covers Wendy's BOARD MEMBER ORLANDO: That's your boundaries then? MR. PAWLOWSKI: Yes. CHAIRWOMAN TORTORA: Take some questions from the Board members first. Mr. Horning? BOARD MEMBER HORNING: Again, your stated intention is te run a landscaping business from this premises, correct? MR. PAWLOWSKI: Yes. Just basically stere my equipment and trucks. BOARD HEMBER HORNING: What's the purpose ef your office then? HR. PAWLOWSKI: Office work. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 O 82 BOARD MEMBER HOMING: Are you having clients come and look at landscape designs, et cetera? MR. PAWLOWSKI: No. BO}~D M~MBER HORNING: All of this parking is for whor? MR. PAWLOWSKI: My company. That's what's required as far as Office space; that's basically straight from the code book what we needed to have for requirement. BOARD MEMBER HORNING: ~ecause under that~code,' I believe the expectation is customers and clients would be on premises to look at things or purchase things or whatever. MR. PAWLOWSKI: Yeah. There's nothing to be purchased there. I guess if it's office space in it, and it's considered a landscape warehouse, then that'S what it's for. From day one the wording was always on the site plan so t4 months later it's because of -- BOARD MEMBER HORNING: Well, because if a dentist has an office, his customers come there. MR. PAWLOWSKI: Yes, exactly. BOARD MEMBER HORNING: How many employees are in your company? MR. PAWLOWSKt: Five. BOARD MEMBER HORNING: Where will they park? Goehringer. MR. PAWLOWSKI: In the back. CHAIRWOMAN TORTORA: Mr. BOARD MEMBER GOEHRINGER: Mr. Pawlowski, you seem to be a very nice gentleman. What I have to say to you is something that concerns me greatly, and that is I go by this property at least four times a day. The place is being used like a transfer station. I can see why you want to have as much room in the back because when you bring the tub grinder in to grind all the stumps you have back there. You're using this property as an industrial use on a limited business property. It's very difficult for me to understand this; do you want to explain it? MR. PAWLOWSKI: Sure. Right now~ basically the property it's one acre, just COURT REPORTING AND TR_~XSCRIPTION SERVICE (631) 878-8047 1 2 3 5 8 10 tl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cleared, and I'm using it until the building's up to recycle the stumps from my business. That won't be the issue once the building's up because it won't be able -- the space won't be suitable for what I'm doing. So that's basically it. Ail the stumps and brush there's nothing else besides organic material there. It's just being recycled back into mulch. BOARD MEMBER GOEHRINGER: Where are all the stumps going to ge if this is gran{ed? MR. PAWLdWSKI: They'll go to the dumps, where they've been going for the last seven years. This is only the first year because I just purchased the property and it's -- one, you can't just dump on the parking -- the landscaping that I'm going to have and the buildings and, you know, there's nothing there, so I was using the land for something until the building's built. BOARD MEMBER GOBHRINGER: Are you going to put existing proposed nursery stock in there? MR. PAWLOWSKI: Ne. It's not large enough. BOARD MBHBER GOEHRINGER: So what is the back going to be used for? MR. PAWLOWSKI: Parking. BOARD HEHBE~ GOEHRINGER: Parking and storage? MR. PAWLOWSKt: Net storage. We have five large trucks and trailers, se that's what will be back there, BOARD MEHBER GOEHRINGER: And you won't be able to see this from the read? MR. PAWLOWSRI: Not at all. There's a computer image. You barely even see the reef of the building. BOARD HEMBER GOBHRiNGER: Do we have that computer image? CHAIRWOMAN TORTORA: Ne. BOARD HEHBER GOEERINGER: We need that. thanks going to be an building's up. MR. PAWLOWSKI: Sure. But, for saying I'm a nice guy, but it's not industrial use lot once the COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 2 3 4 5 6 8 9 10 11 12 13 14 16 17 19 20 21 22 23 24 25 BOARD MEMBER GOEHRINGER: So uhen all we're gozng mo see, based upon what we are going mo granm, is a building with parking for your help, with $ site plan that will place all of your trucks in back of that? MR. PAWI~OWSKI: Absolutely. BOARD MEMBER GOEHRINGER: And nc more transfer snamion? MR. PAWLOWSKI: No, sir. Not am all. BOARD MEMBER GOEHRINGER: No nub grinder, no asphalt grinders, no prop grinders, no cemenu block? MR. PAWLOWSKI: No. The tub grinder itself takes up more room than The building would. BOARD MEMBER GOEHRINGER: I know~ I've seen it onsite. Thank you. CHAIRWOMAN TORTORA: Mr. Orlando. BOARD MEMBER ORLANDO: No questions. CHAIRWOMAN TORTORA: Mrs. Olive. BOARD MEMBER OLIVA: My quesmmon again is, what are yeu gelng to do with that land in the back? MR. PAWLOWSKI: I knew it's a nice size preper~y, but ky the time that you mere in and circle areund with the trucks that we have, it's really net that much, to be honest. BOARD MEMBER OLIVA: No tub grinders, no shredders. MR. PAWLOWSKI: They wouldn't even be able to fit through the driveway, the gate that's going to be on the site plan, on the premises. BOARD MEMBER OLIVA: Ail right. - I have one other question. BOARD MEMBER GOE~RINGER: So yeu're aware we're net geing te grant this until we see this cemputer imaging? MR. PAWLOWSRI: The cemputer image is somewhere in this building. BOARD MEMBER HORNING: We come here ~e grant minimum relief necessary. We're loeking at a rather large parcel that could easily accemmodate a cenferming sited building; tell us again why yeu cannot meet COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878 8047 i 0 85 2 3 4 5 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 the town code and site the building according to conforming setbacks? MR. PAWLOWSKI: Of course, if I have to meet the town codes I will, not a question, not a pzobtem. With the neighboring properties, where they sit, where Wendy's sits, it's only 60 feet off the road, that's why, so I wouldn't think bringing that property that 40 feet closer to the road would create an eye sore whatsoever. BOARD MEMBER HORNtNG: Is she in the same type of zone even; is it zoned the same? MR. PAWLOWSKI: No. Wendy's deli, it came off the same subdivision, LB, the residential isn't. But, again, I understand it's nice to keep a line all the way down the street of correct distances. I was even working within that in the original idea. BOARD MEMBER HORNING: It depends if they are preexisting or not. MR. PAWLOWSKI: I'm sure it is. As far as, I'm working to get.this variance, which I don't think -- BOARD MEMBER HORNING: It doesn't seem like you have a very good rational reason as you come before us for the variance, to tell you the truth. MR. PAWLOWSKI: Again, I'm sure I'll be able to work with it. I just was made aware of this a few months ago, after 14 months, after the site plan has been reviewed numerous times. So I'm trying to stick with my original site plan and work with it before I have to spend another $6,000 for another site plan. BOARD MEMBER RORNING: Mistakes can be costly. MR. PAWLOWSKI: It wasn't my mistake. you. BOARD MEMBER GOEHRINGER: Thank CHAIRWOMAN TORTORA: Any more q~estions? Let's see if there's any questions from the audience. Is there anyone in the audience who would like to speak in favor er against this application? COURT REPORTING AND TRAIk~SCR!PTION SERi/!CE {631) 878-8047 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 O 86 Mr. Pawlowski, if you could get that computer imaging for us, that would be geed. Essentially we have a couple options here. We're asking'for a special exception, it requires a special exception as well, as well as the setback variance. So, eno of the things that is very key to the special exception is the use going to be in harmony with the neighborhood, and because this is an LB zoned prbperty that abuts a residential district, we de have te take extra pmecautiens. That's eno of the things we really have to look at, and that's why we're quizzing you very carefully about the tub grinder, about why can't you move it a little bit and so on and so forth. Se what we will do is I think we're going te close the hearing and'reserve decision, and if you would get that rendering for us, that would be very good. MR. PAWLOWSKI: Ne problem. CHAIRWONLAN TORTONi%: Is there anything else you would like to add? MR. PAWLOWSKI: Before I purchased the property from the neighbor -- CHAIRWOMAN TORTORA: The fellow that has the house? MR. PAWLOWSKI: Yes. I told them my intentions. They're fully aware and okay with everything. Wendy's deli is completely okay with it, Lieb Farms is okay with it, and the auto mechanic behind me is CHAIRWOHAN TORTORA: The property that abuts you, the Adam's property, I guess, that would be te the east? MR. PAWLOWSKI: Yes. CHAIRWOMAN TORTORA: That's also residential? MR. PAWLOWSKI: No, LB. CHAIRWOMAN TORTORA: Se the LB extends Wendy's deli, your property and the property behind that in a kind ef L-shape ~here? MR. PAWLOWSKI: Yes. All three sides except for the north residential side is an LB, I think Lieb might be, t'm not sure. CHAIRWO~MAN TORTORA: Lieb is residential toe. COURT REPORTING AND TRANSCRIPTION SERVICE {631) 878-8047 1 2 3 5 6 10 11 12 13 1S i¥ 17 19 2O 21 22 23 2~ 25 87 MR. PAWLOWSKI: All is LB except for the residential, who I bought it off of, and they ~now what's going on. CHAIRWOMAN TORTORA: Thank you very much. MR. PAWLOWSKI: Thanks for your time. CHAIRWOMAN TORTOHA: I'll make a motion closing the hearing and reserving the decision until later. BOARD MEMBER ORLANDO: Second. CHAIRWOMAN TORTOP~: Ail in favor. (Whereupon, all Board Members responded in favor.) CHAIRWOMAN TORTORA: Motion carried. The next hearing is on behalf of Michael and Cathy Lehrhoff. Is there somebody here who would like to speak on behalf of the application? MR. LEHRHOFF: I'm Michael Lehrhoff. CHAIRWOMAN TORTORA: What can you tell us, or what would you like to tell us? MR. LEHRHOFF: We were put in a difficult situation with this deck. We had a fire a year ago February, and there had been some damage to the deck. The deck is origina% to the house. It's 28 years ago. It's a redwood deck, or it was a redwood deck, and it had started to decay~ When we had the fire there was some remediation work done to it. You folks were kind enough to grant me a variance for my home; we decided to move forward with that and start part of that renovation in November of this past year. When the contractor came to the house, we were surveying the area of what we were going to be doing, and he looked at the deck, and, you know, he said -- BOARD MEMBER OLIVA: Which deck? MR. LEHRHOFF: The original deck te the house. BOARD MEMBER ORLAIgDO: On the south side? side? MR. LEHRHOFF: Yes. CHAIRWOMAN TORTORA: On the west COURT REPORTING }~ND ~R}2qSCRI_TION SERVICE {631) 878-8047 PLANNING BOARD MEMBERS BENNETT 0RLOWSK/, Chairman RICHAI~D CAGGIAN0 WILL/AM J. CREMERS KENNETH:L. EDWARDS iVIARTII~ SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 Date: August 5, 2003 PLANNING BOARI) OFFICE TOWN OF SOUTHOLD AUG 1 2 2003 To: Mrs. Tortora, Chairwoman of Zoning Board of Appeals From: Bennett Orlowski, Jr. Chairman of Southold Town Planning Board ~~ Re: Appeal # 5365 A&B for Reflecting Nature Landscaping/Pawlowski Cox Neck Lane Mattituck, N.Y. SCTM: 1000-113-14~10 tn reference to the memo request for information dated July 28, 2003. The Planning Board (PB) held a work session on August 4, 2003 and would like to offer the following comments on the above site plan. [. The PB is currently reviewing a site plan application for this project. The site plan being reviewed was prepared by S.L. Maresca, dated 8/02 and last revised 3/31/03. If you require the file is available in the Panning Board Office for review. 2. The PB scheduled a final public heating on April 14, 2003 and is holding it open at this time, pending a decision from the Z.B.A. Please keep us upto date onthe project. Thanking you in advance. Cc: file, ZBA APP~S BOARD M£MB~RS Lydia A. Tgrtora~ Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva V'mcent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldto~n.northfork.net TOWN MEMO TO: FROM: DATE: SUBJECT: Mr. Bennett Odowski, Jr., Chairman, Planning Boargx Lydia A. Tortora, Chairwoman, Zoning Board of Appe~ July 28, 2003 Planning Board Site Plan Review (Appl. No. 5365 A & B) - (Appl. Name: Reflecting Nature Landscaping/Pawlowski) The Zoning Board of Appeals will be conducting a public hearing regarding above captioned application on August 21, 2003, which involves (a) variances concerning a new building location on this 47,741 square foot lot; (b) Special Exception to establish contractors' business and/or yard in Limited Business Zone District. Please furnish your comments at your earliest convenience. Thank you. /pq Encs. CC: file #5365 A & B Correspondence L. Tortora LEGAL NOTICE ~,U~UST 21,2003 PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS NOTICE IS HEREB~ GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), C0d~ of the Town of Southoid, the following public hear ng Will be held by the sOUTHOLD TOWN BOARD' OF APPEALS 'at ~he Town Hall, 53095 Main Road, P.O. 11971-0959, On Thursday, AuRUSt 21, 2003, possible): ' 47.~741 ~ith a PAU 260 10. PAWLOWSKIIREFLECTING NATURE LANDSCAPING INC: ~(a) ns ~00-82A and 100-83A, based on the Building ineSs use on this sq. ft. lot, and ~nd to establish ol] The heard or their rePresentatives, desiring to be to submit written statements before the Each hearing will rnOt start earlier than designated during regular business hours. If you have call (631) 765~1809. Dated: July 14, 2003. Lydia A. Tortora, Chairwoman Board of Appeals APPEALS BOARD MEMBERS Ruth D. Oliva. Chairwoman Gerard P. Goehrlnger Lydia A. Tort. ora George Homing Vincent Orlando Southold Town Hall 53095 Ma/n Road P.O. Box 1179 Soutttold, New York 11971-0959 Telephone (631) 765-1809 ZBA Fax (631) 765-9064 http ://s outholdtovffanor thfork.net BOARD O1~ APPEALS TOWN OF SOUTHOLD October 22, 2003 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: PleaSe fifid enclosed the following applications, decisions, surveys, tax maps, and building disapprova s for review pursuant to Article XIV of the Suffolk County Administrative Code; within 500 feet of: R - STATE OR COUNTY ROAD W - WATERWAY (BAY, SOUND, OR ESTUARY) B -BOUNDARY OF EXISTING OR PROPOSED COUNTY, STATE, FEDERAL LAND ZBA NAME ACTION REQUESTED R W B # 5282 CERRETA, KENNETH GARAGE ADDITION - SIDE & FRONT SB X 5302 SACHMAN, STEPHEN SWIMMING POOL-FRONT SETBACK X 5365 PAWLOWSKI, PAUL NEW OFFICE BLDG-SPEC. EXCEPTION X 5378 CASILLO, JOHN POOL- SIDE YARD LOCATION X X 5384 MCGOWAN, ANDREW GARAGE ADDITION- FRONT SETBACK X 5391 ZIMMERMAN, ELLEN ADDNS/ALTS- NONCONFORMING BZWY X & ATTACHED GARAGE 5396' RAIA, CRAIG ADDNS/ALTS - FRONT & REAR SETBACK X If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Jess Bog~ Enc. cc: ZBA Staff DEPARCTMEi~R- OF PLANNING © COUNTY OF SUFFOLK ROBERT J. (~AFFNEY SUFFOLK COUNTY EXECUTIVE THOM ISLES AICP - DIRE~OR~F PLANNING October 24, 2003 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-t4 to 23 of the Suffolk County Adm'mistrative Code, the folk~wing applicafion(~) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Cerreta Kenneth 8achman (Stephen) and Quandrini Municipal File Number(s) ~/Pawlowsk[,;Paul (Reflecting Nature Landscaping, Inc.) Pawlows~, Paul (P(eflect'mg Nature Landscaping, Inc.) Casillo, John McGowan, Andrew and Lois Zimmermarb Ellen D; ~a (Craig) and Dieffenbach Jr. (Gerald J.) 5282 5302 5365(V)* 5365(SE) 5378 5384 5391 5396 *Alternative relief app~s warranted consistent with appropriate developmental restrictions, particularly a~-Sefforthlby the Zoning Board of Appeals. ' Very truly yours, Thomas Isles Director of Planning S/s Gerald G. Newman Chief Planner DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT ,J. GAFFNED¢ SUFFOLK COUNTY EXECLFRVE THOM~ ISLE~,, AICP October 24, 2003 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County AdminisWative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant counEr-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Cerreta Kenneth Saehman (Stephen). and Quandr'mi Pawlowski, Paul (Reflecting Nature Landscaping, Inc.) ~Pawlowski, Paul (Reflecting Nature Landscaping, Inc.) Casillo, John McGowan, Andrew and Lois Zimmerman, Ellen D. (Craig) and Dieffenbach Jr. (Gerald J.) 5282 5302 5365 (V)* 5365(SE) 5378 5384 5391 5396 *Altemative relief appears warranted consistent with appropriate developmental restrictions, parficutarly as set forth by the Zoning Board of Appeals. ' Very truly yours, Thomas Isles Director of Planning GGN:cc S/s Gerald G. Newman Chief Planner ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In.the Matter of ~he Apphcatlo.n f.,~ (Name of Applicant') Regarding Posting of Sign uppn AlCplieant's Land Identified as AFFIDAVIT OF SIGN POSTI ~IG ow SUFFOLk) I('~l~ ~t~ ~.~ ~ residing at New York. being duly sworn, depose a~hd say that: On the l,~V/day of /~/~¢-"~.'~ . 200~, I personally placed the Town's official Poster. with the date of hearing and nature of my application noted thereon, secure y upon my propeCy located ten (I O) feet or closer from the street or right, f-way (driveway emrance) - [acing the street~facing each~ street or right~f-wa~ ~nt*ance;* and that. ~ ~/ I hereby confirm that the Poster has r~ed i~ ~a¢ fo/seve~ays prior to the date of ~e subject hearing ~~~s~o~be day of.¢:}.,..~¢~, 200'.~ ~ (Notary l~ublic)d - *near the entrance or. driveway entrance of my property, as [he area most visible [o passersby. APPEALS BO.k, tLD MEMBERS Lydia A. Tortora, Chainvoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando O BOARD OF APPEALS TOWN OF SOUTHOLD October 17, 2003 Southold Town Hall 53095 Main Road P.O. Box 1~79 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 httpu/southotdtownmor thfork.net Mr. Paul Pawlowski Reflecting Nature Landscape Inc. 1785 Crownland Lane Cutchogue, NY 11935 Re: ZBA #5365 - Special Exception and Variance Dea~ Enclosed please find a copy of the determination rendered by the Board of Appeals .at its September 11, 2003 meeting and filed today with the Office of the Town Clerk. Please be sure to follow-up with the Planning Board for the next step in the site plan application process. Before commencing construction activities, a building permit will be necessary. You may want to provide additional copies of the enclosed determinations to the Planning Board and Building Department at the time of submitting amended maps and any other required documentation in these steps. Very truly yours, a Kowalski Enclosure Copies of Decisions furnished 10/17 to: Building Department Planning Board David S. Desmond, Esq. (for applicant) Fax #264-0314 ELIZABETH A. NEVII.~ TOWN CLERK REGISTRAR OF VITAL STATISTICS M2~RI/IAGE OFFICER RECORDS 1YIA~AGE~T OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Soulhold, New York 11971 Fax (631) 765~6145 Telephone (631) 765-1800 sou~holdtown.norfla~or]~net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: May 12, 2003 RE: Zoning Appeal No. 5365A & B Transmitted herewith is Zoning Appeals No. 5365A & B - Paul Pawlowski - Zoning Board of Appeals application for special exception and variance. Also included is notice of disapproval, building permit application, applicant transactional disclosure form. ZBA questionnaire, project description, Mr Pawlowski's address & phone, survey, and plans. _~ Town Of ~duthold P.O Box 1179 - Southold, NY 11971 * * * RECEIPT * * * Date: 05/09/03 : ' Transaction(s): Application Fees Receipt#: 2314 Subtotal $600.00 check#: 2314 Total Paid: $600.00 Name: ClerklD: Pawlowski, Paul 1785 Crown Land Lane P O Box 814 Cutchogue, NY 11935 LYNDAB Internal ID: 74741 //?9_< 0 RECEIVED MAY - 6 Z0[~3 ZONING E~OARD OF APPEALS Design Construction and ~Ac]intenance 631-734-7697 CELL 631-445-4348 OF SOUTHOLD, NEW YORK [CATION FOR SPECIAL EXCEPTION © Appl ica ti on No. '5~-~--~&~5-~-~ Date Fi led: · TO. THE ZOI~ING BOARD OF APP'EALS~ SOUTHOLD, NEW YORK: ~/ ~ (Residence, House No. and Street) ~Ha~]e~, S~a~e~ Zip Co~e, Telephone here~y a~p~ ~o T~E ZONING ?O~R~PEALS for a SPECIAL E~PTI~N in accordance w~t.h ~: t~'6 ~D~G. . O~DINANCE, ARTIG~~ , SECTION ~O:~,~j, S~UB'SEC~IoN '~':' fo~ the below-described prope~y fo.r the following uses and ~urposes (and a,s sho~ on ~he a~ached plan drawn to sc~,]e): A. Statemen~ of Ownership a~d Interest. . ~is(~'re~r,~he owner,(s) of . (House No., Street, Hamlet~ identified on the Suffolk County Tax Maps as District 1000, Sectionl~ , Block Z~/ , Lot(s) .//-~ , which is no~ (is) on a subdivision Map (Filed , 'Map of' "Filed Map No. and has been approved by the Southol'd To~n Planning Board on as a [Minor] ~_Major] Subdivision). wo/w~uld~be~h~a~m The ~v~ ~ln~eda ~Pe~r~ ~a~ ~c~lp~ ~Yotfh~ ~ ~ · B. p 1 a h a h c tier Dry with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental property or persons in the neighborhoo~ for the follo~ng reasons: C. The property which is the subjec~ of this application is zoned and [ ] ].s cm~s]~%en~ with the.use(s) described in the Certificate of Occupancy being furnished herewith [ ] ]s not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): ~iOF SUFFOLK) s vacant land. SS.. STATE OF NEW YORKi ~" Sworn to before me this (Not~ ?ubl fc~'~ ZB2 (rev. 2/~/86) 20()~ ,~O!lCC ti'. I)m,~l ,mm.,m'4m.. i.[.:(;,~1. M)TI('I,: ih)n, It Ih~: tY'%i~.tt~ ~O.kl(I) (')i,':ki'E'EAI.~' ' ' ' IlOl,l:.hq i)')~:~' and :ii)Lit-% 15~n) ' Pt,l~l.K'llE'trf~G~' , ' ' ' )" ' ..()(~(,)'.1 m*Y~c rd ' ).'.()m~cmml: ~O ell'...' ~ . Z'H'JU'.IJY" ,("JM J~J_Jfl. GI%:I.~.. ~mm~uaui mo %~ed,,a' .,' I t.00 a.,:..K)~I PII '~.'%I~- Z- 6i''~ ~ ,mn mu am,,I "LKI E~ILII ~:)~)O1~:')'~('~ '( napier H)()'(~bmfiHL,~.'Ce(:,' (4"/.,m%(~ ('(). -~3-.m. F~a~c(m od..hL, ~hdd' ': b~ , thc '~OU'J'IF(WJ') ~. ~ i~fipl r¢cud~ a F~firhmmmc¢ '~, d)e' h)~n .tk'mll? ~30,)~:Ma~m)~, E~ 'mm~ dwoflim~'."a! k'~< ihan .~ I~oh(l~.P.O..l~o~ ~ ~m)~.~dmi,~kL ) .'k,e. I'mom mhc )m'o,m Io~ Hm.c. al ~'.l .'~ n ;' )() ~1 l) i~ ~5 ,M il! '( .f.'c'.~, I )ri~ .'. ",,(.ml'h,)Id. )( I%1 ';a~-?6. ? II'.Hl' a.m..~.11.RI I) .h ~. 'sc:(,".. ~fi~.b ,u~ I{lllidlll~ DtDdi,l,llul.l,~ ~ ~11~ .1. ..!(JO.C' ~'ol.tc~'. 'o f :mmh')cr 'h:,g!id.m). :1 mh.~ XS._~ :. ( '.VI qJLIJ( )%4. '..~3(,I.(Im)~l ~.l)9. 13u~¢(i.o ) die al))mlca~:Lh ?:Li.ic%l ~)'~'hl'lSml~:~c im:c:ludia~, ' ' ' )~' k)lchCn, ~1: Ilk il¢]j rOOlli dlsd ~J )d.'~mkh ' ' ' ', : 2~I I)o,ld,'Xt~l'iDc. %Oiil)lA)le: ('IXI ~o-i-!~:ml'i i).mq. )%~.1 I~)X& I ()~&~: iisi .1~1 H.I:("I'I'~(~ XI~ RI 'l~(i I X(..: ~-t IB? ~,.: ..u,.~,'c ..,,.,',~-F" q,l~C(I, oi: ',:~ II':fild:l'~ :1~%~ 1lin,) I'UI) I:%q I1'Olil L~¢ I"l:~'dlqi(q' llm)(l~'4 ~C~ml ): . .J,,,I O, I"'lod M~Ip. Iol I~ - COUNTY OF SUFFOLK STATE OF NEW YOP,~ ss: List Marinate, being duty sworn, say-s that she is the Legal Advertising Coordinator, of'the Traveler Watchman. a public newspaper printed at Southold, in Snff'olk County; and that the notice of' which the annexed is a printed copy, h~ been published in said Traveler Watchman once each week for ..... /......week(~ .,, ~ecessively, cor{m~ch~ ~on the ...... ..t~..7 ...... day of ....~7.3..%.~.~.....J ...... ,2003. swo to efore me Notary Public. Emily Hamill NOTARY PUBLIC, State of New York No. 01HA5059984 Qualified in Suffolk County Commission expires May 06, 2006 )' ~ls'from n~n~t . E'---- °'"'"°~ ..(:3J~(~....~.: 1)II~.3I~I.(~L~ · ..' ,.m 5754 - rcc.c.m ibm a Npccm. I ' . . m¢ . , .l-3t) timid hJf)()-l~ I-:(-':ItJ') i~metm 3, m~. h)C~.l;)~mt .M'cc~oi'x Bcd p:'e~cr~ u!io'l o1' 'L. ou~: I~i~uld . ~llld %c1"~ I1'~ ol I~1",~:1~1)1~1 Io ~l;:fll- : .%nmm,mtmhitn . m.lxcm,iom':, oI' bidmfi ,,~,mcnl~ mil u:~q.. :mm)~mioml ~ i,mm ' Sou[hold Imb,ommi.' I'i,)l)c:'~id~. dsc .... ' ()1 I ,t)m)~ll). i_.F~." (.'Olltmor ('Oill.i me.~i~ll(l~ Iq'~ h~ Palccl i O(:m0- ]4 i -':-3~. I R(I ). I.~Ull-~m: I)am'ccl '(lO(i- m2-. ~- m)¢ hllll.l~:ll'~ MHICii ~. ~i)m)3 S.'~i,,:,, h.~0-%~ .X ::,d I~,t~- 1"30 ~.~ O~pO~T ~ D~¢~'~ ;~6ti~e of 244m~ ;., ,:,cii 'dC.dCM I~,i' .':: CS~A~~ D~ap~0qM;;6~ (2):Me-tire' ..,,,,mU .:, ,,, I~.,hh, ~ ,d ~.. (and GEORGE, L. PE~Y. 2~,)4~ /. h,r d.'.q; c'dea.,,,~,. ~C. O~er~ ~5357. Bas~ on t00~162 forage loeaa~-of a m.fiou- o.' ~xl'.ch do n(~ u.c¢~ ~eB~l&~D~ent'sA~l pr0po~d teleeo~a~cati0ns .. iht :V.l.,ircd 4(~ :~. ,~ .... ' '~' ~ 1, 2003 Notice 0f DisagProy~ t6wer~at less 42' 43 44 46 45 LAJ N/F ROBERI & DIANE ADAMSON ( F'IIRLH: WATER ) 42 FIN FLR EL ] 3'30" W 47 45 S 2756'10' F 149 87' 46 44 4.5 TE STHOLE LOCATION ~-- EXPANSION POOL 153 51 47 GOX NEC. t< F~OA~ 47 PLIBLIC WATER LINF 12 DIA ~ANITAF~'Y S'YSTEM PbAN F'ROF IL ~ll IdOL [) REFLECTING NATURE DTE DATA SANITARY DESIGN CALCULATIONS I ALLOWAI~_E D~NSITY I. D~S~N FLOW PROPOSED BULDI'~ ~IANITA,~Y LEAC. HIN~ POOL LAND NOW OR FORMERLY OF ROBERT ADAMSON ~ DIANE ADAMSON S 21'25'10" E 88.11 '.E.^. S \ \ LOT ? / / / 23'56'10" E 149.87' LAND NOW OR FORMERLY OF SAUL LERNER I OH- COX NECK ROAD LEGEND CONCRETE CURB DROP C URl~l EDGE OF PAVEMENT OVERHEAD WIRES STRUCTURE -- WATER FIRE HYDRANT CATCH BASIN SIGN UTILITY POLE TOP/BOTTOM OF CURB TOP/BOTTOM OF CATCH BASIN SPOT ELEVATION CONTOURS CONCRETE TREE L/NE/EDGE OF WOODS NOT'ES : 1. LOT AREA = 47,760 SQ, FT. OR 1,10 ACRES. 2. ~LEVATIONS REFER NGV DATUM. 2. LOT NUMBERS SHOWN REFER TO MAP OF HERITAGE HARBOR, FILED SEPTEMBER 1~, 1979, AS FILE NO. 685,3, DISTRICT IOO0 ~CTION 113 BLOCK 14 LOT 10 REVISIONS Barrett, Bonacci & VanWeele, P.C. PROPERTY SITUATE MATTITUCK BOUNDARY & TOPOGRAPHIC SURVEY K/Da01 ~011020/dwg~A011020 dwg, 12/11/01 11:0Z38 AM, M Read