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1000-140.-2-21
- - DW - DRYWELL (DIAMETE_R & DEPTH AS NOTED) EASTERN RED CEDAR' (5' - 6' HT.) 15 x 16.50 PROPOSED BOTTOM OF CURB/ SYSTEM DESIGNATED HEREON. MSUMD BY DIRAFTEM By SHM M C.I. FRAME & HEAVY DUTY LOCKING 2 " WATERTIGHT COVER '-0" (MIN.) 9 OUTLET (TYP) 1" 8" R=1/8" CAMPBELL FOUNDRY PATTERN OUTLET FINISHED GRADE TOP OF PROPOSED 001 PAVEMENT NO. 1182C-FOR OPEN GRATE PRECAST CONC. 'P N0. 1007C-FOR SOLID COVER �` co Q COLLAR SAWCUT&SEAL JOINT `�,, #5 REBAR ALLOW 4"FOR FINAL #5 BARS @ 6"O.C. ADJUSTING OF CASTING N 2' MAX. (SEE NOTE) EACH WAY S» MIN. J -- — — — — +L : '+ : '' '.; ': ..'': '�: . :. '. : •,: 8"/ ------------------------------- -- c' 6" STABILIZED/COMPACTED 1/ FT. w 8'0 4" DR18 v SUBGRADE z 2'"0.. 1-1/2"ASPHALT TOP COURSE z N I GEOTEXTILE ( w g 4"MIN.WALL FABRIC Q EXISTING PAVEMENT 2-1/2"ASPHALT BINDER COURSE 0 TRTCRr�� ` � 6" INLET FROM GREASE TRAP BOTTOM OF LOWEST w Pb � w TO REMAIN LEACHING POOL EL. 6.90 PRECAST CONC. I „ y N TYPICAL PAVEMENT a � � � J cn 4�� SANITARY � 4 Y V) \ / a LEACHING RINGS a o N z 10" \,,,,-` / m v =p CONCRETE CURB FOR 10' O.D.AS SHOWN ON PLANS 3,000 PSI @ 28 DAYS S E C T I 0 N a6" INLET 3� 1-1/2"ASPHALT TOP COURSE w N.T.S. o o MIN. 2-1/2"ASPHALT BINDER COURSE > ti DRAIN RING WITH 6"x 12"6/s HIGHEST EXPECTED I Z AL AROUND WELDED WIRE MESH.WRAP GROUNDWATER EL. 3.5 ;,� 10 DIA. ) 4 RCA SUBBASE COURSE w WITH GEOTEXTILE FABRIC. C.I. FRAME & HEAVY DUTY LOCKING w (MIRAFI4000RAPPROVED , WATERTIGHT COVER BACKFILL WITH CLEAN EQUAL) (TYP) COARSE SAND & GRAVEL—,,,,,, N AI VIRGIN N. PENETRATION CONCRETE CURB DETAIL v � FINISHED GRADE-1zo OF SAND AND GRAVEL. ALONG RAILROAD A VE N U E z'-6' MAX. PRECAST C❑NC. C❑LLAR SANITARY LEACHING POOL N.T.S. 6' 24' 24' 2' MAX. �—BACKFILL WITH CLEAN GRAVEL N.T.S. NOTE: OR BANK RUN SEE NOTE 1 G' INLET �, PRECAST C❑NC. ( ) -y TRAFFIC SLAB `0 USE CURB SHOWN FOR ON-SITE CURB EXCEPT THAT S TO R M WA TE R D R YWE LL 1/4'/FT . --:�------- ------ - --"--'-- #5 REBAR IS NOT REQUIRED 4' OUTLET w 1/8'/FT. N.T.S. 00 DRAINAGE NOTE NOTE: 1. WHERE SUITABLE MATERIAL IS ENCOUNTERED THE STRUCTURE SHALL BE INSTALLED SANITARY SYSTEM DETAILS SHOWN ARE FOR REFERENCE ONLY. ALL ON UNDISTURBED GROUND AND BACKFILLED WITH NATIVE MATERIAL. ¢ in COMPONENTS SHALL BE INSTALLED IN ACCORDANCE WITH PLANS APPROVED BY SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES. 2. DRAINAGE STRUCTURES TO BE WRAPPED WITH FILTER FABRIC. 3. ALL CONCRETE FOR DRAINAGE STRUCTURES TO BE MINIMUM 4,000 PSI AT 28 DAYS. 8' DIA. r—6"X 6"4/4 WELDED WIRE MESH CONTINUOUS THROUGH WALLS • • • • • • • SEPTIC TANK • N.T.S. U • gW lI • w31 CID in • o w z w • >'vk, .p4, r `,:`'•, sn .::x;i{ .4e 9.,,P,«Fw,,:,. .! '.w�C.. 9i V. . •('? flee" ;.k.. .+ 3'-10 g s' is err. S•^,n 'p4yw" MOTES: '"•'^a' >.:;, , ";1 �' `.3 E C TI O N A A 1. NO SOIL OR MULCH SHALL BE PLACED AGAINST ROOT COLLAR OF PLANT. 2. REMOVE ALL ROPE FROM TRUNK & TOP OF ROOT BALL. FOLD BURLAP BACK 1/3 FROM ROOT BALL N. CAMPBELL FOUNDRY PATTERN 3. PLANTING DEPTH SHALL BE THE SAME OR HIGHER AS GROWN IN NURSERY TOP OF CURB NO.2617 OR APPROVED EQUAL GUTTER LINE �a ° A - WPLED2TSOY B ` WPLED2 Y D - ALED2 Y e REINFORCED (RIM ELEV.) ALLOW 4"FOR FINAL ° ° RUBBER HOSE C ;A P LE NTT O *5 r B S PS4-1 1 -10 1 0 D r „ ` y �^'` "�'' ADJUSTING OF CASTING1j It( r G L #� L 6"REVEAL WITH BRICK AND MORTAR (1/2" DIA. BLACK) U N.LE D� Y I Z ! d EPA = 0. 7 DOUBLE #10 GA. GALVANIZED WIRE CO � � GUYS TWISTED 2" D!A. HARDWOOD ke I.` , STAKES TR E TREE HT. 3 PER E �40 ILL 40 F1,� TA w �� JA 3 SHREDDED HARDWOOD BARK MULCH LIGHT w `�ING DETAILS a Q .w SAUCER RIM N.T.S. 3 > PROVIDE WINDOW FOR PIPE FINISHED GRADE 1 +i ¢ ` • /\/\/ ROOT BALL /U AS NECESSARY.SEE PLANS /\/\/ ,_ \ TOPSOIL .• `� FOR SIZE AND LOCATION. /\\//\\// ....>- \\\\/\ Sri 0449 1 y0 _ PLANTING MIX: 1 PART PEAT MOSS TE OF N 1's" #4 DOWELS @ 12 O.C.(TYP.) —III-I I ' -I Ii--�I I I-!" '�I I:I 1 PART COW MANURE � • '••�•:: �: •• •• �ITiI I I- I;it I I!�I I I li 3PARTS TOPSOIL 4*-6" TOPSOIL MOUND 6"X 6"4/4 WELDED WIRE MESH UNDISTURBED g 2'-6" 8" SUBGRADE �-_ - TREE DETAIL ---- - -- - DUNN CATCH 13ASIN TYPE "A" N.T.S. ENGINEERING N.T.S. ASSOCIATES, P.C. Consulting Engineers 66 Main Street Westhampton Beach, NY 11978 I (631)288-2480 / MULCH 3" THICK RESERVED \\ ( EARTH BERM PARKING \ SAUCER 4' EXISTING GRADE OLDE COLONIAL PLACE LLC PLANTING SOIL BACKFILL REVISIONS PROPOSED SITE DETAILS Z N❑, DATE DESCRIPTION BY C° � " ''� ''', '•'••`'''`• TAMPED PLANTING R7-'8 (12" x 18') 12" VARIES ' 12" SOIL 615 PIKE STREET MIN. MIN. HANDICAPPED PARKING SIGN SHRUB DETAIL I MATTITUCK, TOWN OF SOUTHOLD N.T.S. • (TO INSTALLED AT HANDICAP N.T.S. DATE SCALE P.EA N0.08/02/18 AS SHOWN 34039.99 PARKING' STALL) DESIGNED BY DRAFTED BY SHEET N0. A.G. A.G. 2 OF 2 MAILING ADDRESS:OFFICE LOCATION: Town.Hall Annex P.O. Box 1179 54375 Mate Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.)� � �, Telephone: 631 765-1938 Southold, NY vvww.southol+dtow-n y.gov P ANN T"ING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Danes Weisman, ZBA Chairperson M 'rnbers of the Zoning Board of Appear From- Donald J. Wilcenski, Planning Board Chairman Members of the Planning Board Date, March 13, 2019 Re: Request for Comments for a Code Interpretation Related to the HB Bulk Schedule & Uses for the OIde Colonial Place LLD ZBA File # 7248 - The Planning Board has reviewed your request for comments regarding the above- referenced code interpretation and supports an interpretation that would allow multiple businesses and types of uses in a single building in the Hamlet Business (HB) Zoning District. This recommendation is based on the purpose of the HB Zoning District and the goals of the Town, which ,all provide that the HB Zoning District is the best location for dense commercial development. It is also based on the ZBA's previous interpretation for the General Business (B) Zoning District, known as the `Malon Decision', which, since it has been narrowed to only the B zone, provides an unfair advantage to commercial properties in the B zone where many of the same uses as the HB zone are permitted. The ZBA's Malon decision of 2094, stated that the Town Code bulk schedule's minimum lot size was to be applied "per building", regardless of the number or type of uses in the building. This decision was reaffirmed in 2018 to be only for the B zone. The decision was based on the wording in Town Code 280-49 Bulk, area and parking requirements: No building or premises shall be used and no building or part thereof shall be erected or altered in the B District unless the sane conforms to the Bulk schedule and Parking Southold Town Planning Board Page 12 March 13, 2019 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. This same language is also found under the Hamlet Business (HB) Zoning District in Town Code §280-46, and so the same logic should apply. There is good reason to apply the same concept to the HB, district. The main reason is to counteract the negative effect on the hamlet centers that could result from allowing the bulk schedule to be applied per building in the B. zone, but not in the HB zone. The Malon Decision provides incentive to build as large a building as possible because it allows for multiple tenants. It also provides incentive to re-use very • large buildings for the same reason. Unfortunately, since 2015 when the decision was clarified to apply only y to the B zone, the effect on the hamlet centers has been to draw businesses out of the downtowns to relocate in larger new buildings in the B zone, and leaving larger buildings unoccupied in the hamlet centers. Allowing this incentive to continue in the B zone and not the HB zone will detract from the vibrancy of the hamlet centers. Allowing the same advantage to the HB, zone, however, will help with the retention of successful businesses in the downtowns. This is appropriate given the purpose of the HB Zoning District. The purpose of the Hamlet Business Zoning District, according to Town Code, is "to provide for business develop ment in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area". All recent planning efforts emphasize the need and desire of the public to have vibrant downtowns. Vibrant downtowns need a variety of uses within walking distance so that foot traffic is attracted and maintained. The HB zone is the district that is intended to have the most density of commercial development as shown by it having the smallest minimum lot size and dimensions, the smallest setbacks and the hig hest lot coverage allowance. If the Malon Decision is to remain in place, then equal a pp lication of the decision for the B zone and the HB zone is not only logical and consistent with the Town's Comprehensive Plan, it will also lend towards revitalizing our downtowns. And for any particular property there will be site plan review to ensure appropriate parking, landscaping, and to mitigate impacts, as well as Special Exception review for more intense projects. Finally, it seems to have been the Town's practice between the 2004 ZBA decision and the ZBA's 2015 clarification of the Malon Decision to apply this multi-use building Southold Town Planning Board Page l 3 March 13, 2019 concept to every zoning district. While this was beneficial for properties in the HB zone, we feel that allowing multiple uses may not be appropriate for every zoning district because each has a different purpose. This is es pecially true for transition zones such as the Limited Business and Residential Office where increased dense development would not be compatible with adjacent residential zones. These decisions should ultimately be considered by the legislative body, the Town Board, and the code clarified for all. The Town's Comprehensive Plan Update, still in draft form, calls for a complete overhaul of the zoning code, and this situation is specifically mentioned as one that needs attention. Thank you for this opportunity to provide comments, and please feel free to call the Planning office with any questions. y BOARD MEMBERS � ���������� ���� Southold Town Hall Leslie Kanes Weisman,Chairperson �" 53095 Mann Read P.O.Box 1179 IiN M Mill Southold, Y 11971-0959 Patricia Acam ora . . p fic Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) N�cNicholas Planarnento Southold NY 11971 tl � , o� U. http://southoldtownny.gov a zO ING BOARD OF APPEAL °JifN,-ru'.✓rnxm n!w.w,.i xc�ree.<,'eu'm'rmmmmmmmm YiyilDPm^mwurn+„ r dJ^ividf✓MiY r44 wN➢uNn TOWN OF SOUTHOLD I w Fax 631 765-90�64 .. .n u �� ���o Tel.(631) 765-180�9 a � �► � a° MEMOf uDf�D4Dl&AI9PL l#u.6NnP 4lM f,//F N,v¢,<ny Trtvmi d;rrrwJvuJW;Yf rrmAPvviNQA rtF,M;"lN'dIIWWWIPDM T04 Plannin E oard FROW Leslie K. Weisman, ZBA Chairperson DATE. October 22, 2018 SUBJECT: Request for Comments ZBA # 7248 old Colonial Place LLC The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. APPLICANT TAX ZETA# HEARING CODE DATE of PREPARER IZONEi DATE SECTION STAMPED OF SURVEY IS SURVEY/SITE � Y PLAN Old Colonial 140-2-21 7248 M qh 7, Art. X Sec. Dunn Place, LLC 201 9280-46 Engineering 812118 9 � Associates,PC r Thank you. Encls. t� MARTIN T. SENDLEWSKI, A.I.A. ARCHITECT ' PLANNER October 10, 201 Town of Southold Toning Board of Appeals Town Tall Anne .Building 54375 Route 25 Southold,NY 11971 Re: Olde Colonial Place LLC, Pilo Street, Mattituck TM# 1000-140-2-21 Attached please find the following as required to obtain an interpretation from the ZBA that the minimum lot size for the proposed project is 20,000 sq. ft. for the site as a whole to include four retail stores. It has been the determination that the minimum lot size required is 20,000 s . ft. for each,of the four individual stare htch would. require a minimum lot size om mm 80,000 sq. f1. Attached, are nine (9) fully collated sots of the following: • $300.O0 Fee Check as required Cover letter with instruction sheet and office checklist attach d. Denial letter from building department. Area Variance Application • Owners authorization farm. OCT Questionnaire for I 201'y Project Description farm. photos " Or + Transactional Owner Form Transactional Agent Term Property report card. Short Environmental Term. • Proposed Site Plan. Please note that the agricultural data statement and LVW form are not applicable to this projectand are nott included. Please advise us of the hearing date so the posing and P notifications c be completed Very truly nrs Martin V. S e ski, . I . Cc. Owner 215 ROANOKE AVENUE 0 RIVERHEAD, N.Y. 119010,(631) 727--5 52 N FAX (631)727-5335 " F e e: Ass, S Filed ignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, AREA VARIANCE T, House No., IS Street hamlet_M SCTM 1000 Section 14-C Block Lot(s) Ql Lot Size, C;*15T5 done 441"1 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Owner(s): C>LoO 6:, , TAA '40 Mailing Address: 4N)....... 0, , Tele phone: *V (Ci Fax: Email: f? to L Ck� oo -i�L NOTE:In addition to the ,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: fhr 06 Owner )Other: Address-. !q lb 15 Cw)'� IJA-t C b U, 'T Telephone: t ax: Email: Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), Authorized Representative, Other Name/Address below: 9 WAIIEREBY THE BUILDING INSPECTOR REVISE WED SURVEY/SITE PLAN DATED -2,—06 and DENIED AN APPLICATION DATED, )Building Permit O Certificate of Occupancy O Pre-Certificate of Occupancy O Change of Use ( )Permit for As-Built Construction Other: 15t_( . ............... .t � Provision of the Zoning Ordinance Appealed. (indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: sectio"n Subsection., Type of Appeal. An Appeal is made for: ( )A Variance to the Zoning Code or Zoning Map. A Variance due to lack of access required by New York Town Law-Section 280-A. Interpretation of the Town Code,Article Section 2-ZO -- ........... ( ) Reversal or Other A prior appeal has,)A has not been made at any tide witjl.�, ectto this prop, � I IN UNDER Appeal No(s). "Year(s). (Please be sure to research before completing this question or call our office assistance) ZBA File# Name of Owner: FORM M TAT O• TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PPROVAL DATE: October 5. 2018 TO: Sendlewski Architects ((Old lonia l Place) 15 Roanoke Avenue Riverhead, NY 11901 'lease take notice that your application dated October .....201 ,. ' r errnit tide l ��h e�. °�l �� l � � l __ at Location of ram: 50,Pike Strele _. "tatfiwte� .", County Tax.Map No. 1000 Section. 14 1. :Last Is returned herewith and disapproved can the following grounds: tmmd���� The rp:posed const�,et���on 1s not �er:�� `t�:ed�� r .� , ����. .,�� �� � � � �� ,, � �'te� �� a lead t tl..e� ��� ld�; �®r �giis �1 , [ be se�d�aad n bLj,ild� n(') r �1 e ,1 sh l� �� l���tict � e�s the same-con,�b � s tb � 1 �e�l��ed �d � 1 � � �e _ �g_ �° ^ ..��� �� "�e. ,. r.I.��u '""tlr u" a by " ram„,,;� r- wqµ �" ,�' ules nizor Brae fe�°e t , l r sa lie ,1 l" .t as �1. r g .s er rtl l rem"li ,full."' Accordi, I., ulk lic 20 5sprine al t �i 'o I BX-9-r-0 'r Aj, se. T1e are e etl four lincj WtIskes eiq,=- � s c �m l ar a,i� a yard, the � t �d�]"own�������� �� � �mmmmm� ���m� c: File,planning,zoning ,a� yg m my s„ m um u 11 e ZP T 0yI;,. "MW w�,.. y� �yy"�`" ly°„I,.,. �'.�n � r w o I' n � � � d ,rr:.. p� t' Y' w N.„ I i .W, I.k. �(m,, ». ury u.'rt iW i...a �' 14.; �rc ri. n ,.W✓ /.�,;.. ,. Po:. '. M Y II. m. m ry r h� r r r n - ..�ur". �ma ,:, ».r!•, �. ,uo- ��n,, ,; �,. �� „' .,. i. � �mmi ,, �; a. � u» c. � � rm,., ��.� �;„, ,o.. �,: , i�, , i vn M• time' .. c Y n,� and n'm�; r+ . .,q �ru�." ,'��. wu rnti: w s _u ~mm v � a > y �, a �l � m w ti "I 10 w i NP I R 41 3Q SAI Am", old�e Cat" lqo 1.0 0 5, I'S 43, qo r 140 4911 � -- -- ') q0, CQ Qc:z '"Nor GAF ell .�-- , �- mmmmmmmm 014 eea Lbrd1 son«,r pklriCl Line DRAWq OTVrEfWSE,ALL PROPERTIES NOTICE Cd UNLESS FJFAJtJTENANCE,ALTERATION,SALE OR Bbd No FIRE hrok i DISTRIBUTION OF ANY PORTION OF THE Real�r (21) Fro Disind Lino gym""""` 51�IOOl W4TER � .-- . Pnluw�arc1 lirr �- " :.��mmmm rc�wwcn�v=�u rasT D Lour ammmmmmmmmm � �� SUFFOLK COUNTY TAX t�AAF'IS PROHIBITED eminq Lnm Llplrl0bgrcl Lire m Ord i i I� O � rvrvry� PARK ��. mmnmmn �® iMTHOUT Wf21TTEN PERMISSION OF THE �r ) �,'1An TwmLcre PvoDisuhcilJne a m ,P „ Wuletratnr0urlriaLMw� W'W--_ id'2M S. W I N .......� REAL PROPERTY TAX SERVICE AGENCY. APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: 01--V .,. t*%J Wes, w -2— l - Fate. µ - -�. . 1-1 fe I. For Demolition of Existing Building Areas a Please describe areas being removed: ` 't � II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: ell Z) Dimensions of new second floor: -- Dimensions of floor above second.level: Height(from.finished ground to top of ridge): r Is basement or lowest floor area being constructed? If yes,please provide height(above ground) g measured from natural existing grade to first floor: III. Proposed Construction Description.(Alterations or Structural Changes) (attach extra sheet if necessary) Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: v. IV. Calculations of building areas and lot coverage(from snr'veyor)°' ,n Existing square footage of buildings on your pre ty: MIA...........12Y4" , I Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: a,mz AE-- 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 req iret: �� (s): DtAo / ..................... ......11 0 ., I o Please submit seven (7) photos,labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 Name of Owner: ZBA File# RE ASONS,FOR APPE AL (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: 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: MIA 3.The amount of relief requested is not substantial because: )A U . fN3 C 3M f LA LES 'T� �G 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 5.Has the alleged difficulty been self created? Yes,`or No Why: / 3 � LiS -ZiAiP�G Are there any Covenants or Restrictions concerning this land? No s(please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same til"g,'tepleserve and protect the character of the neighborhood and the health,safety and welfare of the o n,,1-ty. Signature of Appli ra or Authorized Agent (Agent must submit,w en Authorization from Owner) SW OM to fee Ric "I's of Notary fic N, puwlco SAIM 3 Req C i6iAR, 631�5,397 strati,011,I Q,Ualifled In SUP`01�Ion OU I 1,2020, COOMMISS A d�cat�iq � AUTHORIZATION (Where the Applicant is not the Ovmer) by k-J A kP P fle xv residing at Ilk, t9AAE A�o -J,31-a 1111,11'e, 11-111111-40z (Print property ownees name) (Mailing kddress) A do hereby authorize (Agent) lvlo�4E�P--L e a4l to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. (Owner's Signtature, (Print Owner's Name) OW11-11, 11 101111 AMELIA R VEGA Notary hblic,state of New York N'o-,101 VE6370422 Qual!fied In Suffolk Counly QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes - r,-151 No VM,ffv— B. Are there any proposals to change or alter land contours? V No Yes please explain on attached sheet. VIM C. 1.)Are there areas that contain sand or wetland gra(sses? �J 6 2.)Are those areas shown on the survey submitted with this application.? 3.)Is the property bulk headed between the wetlands area and the upland buildin g area., 4.)If your property contains wetlands or pond areas,have yo contacted the Office of yo the Town trustees for its determination of jurisdiction? Please confirm status11 of your inquiry or application with the Trustees: 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? N10 E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?__JsJ 0 Please show area of the structures on a diagram if any exist or state none on the above line. Ir E Do you have any construction taking place at this time concerning your premises?, 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? WO If yes,please label the proximity of your lands on your survey. I. Please list present e or operations conducted at this parcel PC- 10 L�'W-7 V 1EN'St"N" 1�41 and the proposed use JZ -IV _e=&OLL (ex:existing single family,proposed:same with garage,pool or other Authoxi.'zed sIgna,hI' d,Date Ala� R r I r ✓/ II t II i I " ga Tm_ s i r l �l ✓tom /r - fi j I �a H >� k �/� ate✓ /,, ,� r e- " y/ v r a N m II ^ 7♦, ,o ,f G vb ryy, l rm µ y Q; P/ � I � II QQ ✓ r r�fi lu%���� I`IY�G I I U- I too II fb� p< fDv 1 RV"m ""9f) 1, �a i I ii'IPN '"" wumwi@" l / s i I 4n hl r r� i i b I r" y I 1 r I J � n, 1 f r� r / /l/. /f i art& I i I I I 0 r f r , z i n F I � s� /l r A I le r. > a II�� r I lei � r� P r �j�/ f J / 1 l% ry'/ rf,//i/%% "�r� f'� riVfifimM�Ujlfy,�'f�i f�pPf,�idlokrr,�✓r«nt�,.,.lJ;y�lr fy e,����. All JI p J. I 11 �' r p- y, I � a 4 EM"o" V, r ( V 6 ��I Y1rt I I r / „,,,,, ;,,, �,,,,, � i,, „/ /^4 �i�,sru/ff,a.:,vr1,IFfr,ml,;sw7n�;wcpFi91H0%r;fHsy ',�Ja�' rii✓. Y i r ' I I VM �, uI I r i 1 I �I WANOW rIWf 'YY, r,.'n'A' i 1�%/l/�/� i��/i///%/,If �;:,,,, ,�/�i/l/%� i �iii/% ,,,, ,,,, �/. ✓/,ir ,��,.�.���'�i�fy, � i;%///' ;'I%/„✓� �f,o �„% % iif,/ /i//�j/� r� Ali%/r fii /�r� f u 11 t r' f / ri f I II p t � I l I o r 1, I 1 f y Ir J J I I r r J, I I I I 4, , i lii ll f, 7� p c J I n p i i m i � J , v f I /D d i i r / , r gar / / I f i ufi i mu uuuuuui�uuuuuuuu������������ too& , 41 % mi uuuuVV / ii .,� .✓ .//,..r /✓ .., �,.,r„icr�iiri/ai�%inww//, i r llli/ II �!/� :,,,,iii," ,% ///i, �� �r i, ,/�' � >• ,env rKt r sn dX IUbi,ui,l mr«rnrrrrr«rrrrrrn"i JI/ ��: /� //i I / f r I M W / ' I 1 I I � i v//Plr/�f�` l/rJg i I r yyr f f j I �11 I f i iN �uuum^y�IIIIIIII 0� � I ' llYjv I Ilhlii I I, s l4. S � P u I G � I f, �6 , p I� I , ;'I gllllj�iffll'i I y, 1 im I i r u,,, ��Vlh�,.,,�fu Yi4Vll r•, ���� I'I..ulY� Ilia 1, i A 1r, APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold"s Code of E,thj`ksp_rqhh blts,copflicts ofioteresfon,the part,of town officer's sand ep,Aqyges.The I j 2f thi's f oss'l'ble coin,fllets of interest,and allow*ltt.o,ta,ke whatever , getion,ls neces'sar y tq,a jai dsawe YOURNAME . L (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 111"N's. ...................... N ' Other(activity) ON Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the. shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of 20 Signature, Print Name A TR 'ENTATIVE GE'N 7,EPRE TRANSACTIONAL DISCLOSURE FORM The, veal,of quthot!LLC de of Eflocs,prohibihs clonflick 0 e pgrt of town office and,employe of s "I ;es.The ini rvese on the Elk of this form,is to which cailatert,the,town,of possibig�Lgnffi,e,�ts of in,&Eest and allow It to take whatever action is necessy to ayol e. YOUR NAME: W1, t J".j (I,ast name,first name,middle initial,unless you are applyingin 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 f J6& 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 51/6 of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(When the applicant is not a corporation) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP ------------- Submitted this day of 120JL S nature 9 i PriiatNa one, le ToWN OF SO OLD "v*`R0P`RTt0 RECORD CARD Win C I OWNER STREET ���' _ PILLAGE DIST. SUB. LOT. ............ CIO DAIC-11 P1 r FORMER OWNER N � � A�CR. 01, CCA V�.r� � u,� S W TYPE OF BUILDIN............... G.•-•.--- yV ! RES.��+U SEAS. VL. FARM CQMIvt: QB,t MICS. Mkt. Value LAND {MF. TOTAL DATE REMARKS 5- e�- d (.� /41 � [�� �j-29/M-� s��anrr� � L' - 4 �!'F �a � A.�C�1�t�. P A136 d0 � bdf" lel &ve o2 7ad�� L 9a�'2 Q °�-) �:Iet.5���E /a rti,f/e}s p ,3 a,S OO 0 53001 3 / l� le 104- �Ot`�Pf��-Jft�Civ� C'��CE'C13Qo 3 Q �ADO ,/ 3 -� /�S �! I109- Wasz5' a-7- � � Wd u1 r C'uv�in ����uc. l��i �� � s� � r= CAu,P.+j t rrovG.1 0 6 AGE BUILDING CONDITION v :47 NEW NORMAL BELOW ABOVE FARM Acre Vdlue Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD let Meadowland DEPTH � 7 House Plot BULKHEAD Total DOCK � 617*20 Appendix B 'ha rtEnvironm eta l Assessment Form Instructions for Cqfflklefing, 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 I 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. I 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: Project Location(describe,and attach a location map): PiKff 'EWV&M- ................. Brief Description of Proposed Action: e-.;Pt-A t*I 4t�--;T 1 Ari D rt�!�jT aAj Name of Applicant or Sponsor: Telephone: big OLQf 0,6L0w4L E-Mail: Address.- L/6 of by t-1_1qJ9 City/PO: State: Zip Code: S OU T14 Affil(Yrw NY IMir 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 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,A�,'eney? NO YES If Yes list agency(s)name and permit or approval: flpr.44 i rr %i'.A-P I-re 9, 'LID;J IS" 13 W% )-rf-%, V I C-p T 3.a.Total.acreage o f the site of the proposed action? acres b.Total acreage to be physically disturbed? 3 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0-U3 acres 4. Checl all land uses that occur on,adjoining and near the propose ''i 0 41 1:1 Urban 11 Rural(non-agriculture) 11 Industrial 4:ton;ercial 0 Residential(suburban) 11 Forest 1:1 Agriculture 11 Aquatic 0 Other(specify): 11 Parkland Page 1 of 4 blY S. Is the proposed action, NO iYES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NOi YE S landscape.? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO 'YES YES If Yes,identify: ...................... 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? A c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 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: 10. Will the proposed action connect to an existing public/private water supply? NO S, If No,,describe method for providing potable water: YE 11.Will the proposed action connect to existing wastewater utilities? NO YES If No.,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 71 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? 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: . ........ 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: 1 0 Shoreline 0 Forest 0 Agr i1cu.1 tural/grasslands 0 Early Mid-successional Cl Wedand VUrban 0,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 plami ? NO YES 117.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES Ile If Yes, e a.Will storm water discharges flow to adjacent properties? E60 Q YES b.' ill storm water discharges be directed to established conveyance systems(runoff a drains)? briefly 0 NO If Yes, liefly describe: Kt7s � I I U I I 't I I 1 ( Ist t4�1 VC 4 .......................... Page 2 of 4 18.Does the proposed action include construction or other activities es that result in the impoundment of NO DES ! water or other liquids(e.g.retention pond,waste lagoon,darn)? If Yes,explain.purpose and size: 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: ................ 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: .... .............................. I AFFIRM TH, INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE, S aill, D,0;V7(0-3, Sjm�;N' Date: Applicant/spoll n 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 I 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 ene 11) ftunitles? I My 90 pi 7. Will the proposed action impact existing: a.public 1 private water supplies? b.public I 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. V ill 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,,ring, 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. 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 m BOARD MEMI3E S _ Southold Town Hail, � 53095,Main Road*P.O.Box 1179 Leslie banes Weisman,Cha�rper on Southold,NY 11971-0959 Eric Dantes y Gerard P.Goehnn er 'Town Annex• /First Floor,Capital.One Bank George Horning 54375 Road(at Youngs Avenue) Kenneth Schneider COMM) Southold,NY11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF L Tel.(631)76 -1809*Fax(6 1)-765-9064ai n"0 ' ' t1thold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION `A.'1TON tit ZBA FILE: 6885 NAME OF APPLICANT: Southold Town Planning Board PROPERTY LOCATION:Town Wide S �` L ' � �i '� ` : 'I'he o�ning ward "A. eals has visited the property under consideration in this " es that this review falls under''the Type H category o the State's List of, rot,;i�o ts,without further steps under SE RA. Platin"ing Board Town of' outli ld requests Town-Wide 1 iter it t a�t'on under' 28 l i I of the e , e as t wbet.l r the Malon f3eclslot #53$3 applies to the L Zane ) 'strut as vvel as t e ro General Business(B}done District. rom . re , 2015 . . F i he earl of App r ON,AL t ey11 r tc ac states related to an l cat , efor de Planningl3o a .X • �� ler mm #. �, ,� � � iswas, applics to Only the G et eral Business,ss( �..r � l i trtct�or w . i t n e ,to p� l 1 e y'another tl er ''le ors, du�� da;tc l A tug sty 3,201 5 from = o old it cus l l ttr u u. the l anni, o rt followed d h„ j , to, awl ether 'tic Star to ton Decision Pile# 5383 applies to the LB .barring District, in % lai c t o a� . as the General Bu.sines5 :B" honing see, whit the sut,)ect ,rope � -e wire t-te .Plan nin , w oarcl, is located, as well C � District." The Malon decision was rendered by the Z on ay 20, 2 0 based o� am applic tio' for BACKGROUND:• o i t'l Bette w s Zor t t ItiplEe-u,se 'building (proposedP ses mi, 53, � i s , b r " to contain u to S uses) ` t t� c u �t� . � , � 0 2,003 that c lited tl�te bulk ll schedule �����trtct� I l,e: : u�ld�n�, Department issued a. Notice of Disapproval l roil, on, . , requirement of 30,000 sq.•ft. per use. The applicant requested an 1. ter�p e�tatio�n y the A, ,l `rode Sect rt 1,00- 102 to determine if 303000 sq. ft. ofland area per pet fitted se in, the ,-Gael-a l Bu,slin.ess, Zone DistTlict, 'was required. In its decision the Beard stated that"dais requirement is interpreted to apply to each building rather than to each use or occupancy within the building area in the General business B Zone District." S PO Tlre nig Boa.td of eal s held a, uli hca.rtu on this i�s request for t taatc tation,on October 1,2015, ` • of`tie l"Bola t toe` `rltte a ad o,rttl e ide��ce were presented. 1`*ase�d u(, o� allir'' y oe��, e ta,tlt n,review, niiutttes (aOTTI the lllc hearings. assrla.ted �t t aIcr a1I �ct to 3'.a d tiswrs (le qtest� t r i whether t�c alo� � � �s�o� ��83 ��ipl��s to,tla� ( tted Rusi i ss)Zone i�st r ct as well as the B (Business)Zone]district as follows: Page 2 of 2—October 15,2015 ZBM6885—IDIerpretation Town Wide 1.No,the"Malon Decision" does not apply to the LB Zone District as said decision is only applicable to properties located in the B Zone District and no other zoning districts located within the Town of Southold. ne Board finds that the plain reading of the"Malon Decision#5383" clearly memorializes the,intent of the Board to limit the reach of the decision to the B Zone District exclusively. Furthermore, prior to rendering the "Malon Decision" there was a request to the Board during a public hearing to expand the subject scope to include all business districts and the Board refused such request in its decision,by restricting the interpretation solely to the B Zone District. In considering all of the above factors, motion was offered by Member Schneider,seconded by Member Homing,and duly carried,to determine that The Stanley Malon Decision,File#5383 applies onl to the B (General Business Zone)District,and does not apply to the LB or any other Zoning District. Vote of the Board: Ayes: Members Weisman (Chairperson), Hor ing, Dant chne der. bs nt was: Member (7 - 4,0 0 00,11 er This Resolution was duly adopted(4-0). C, .............. 6�L A Leslie Kones Weisman,Chatirperson Approved, for filing /0 /2015 d, 4 ,, ►` o Il N �� APPEALS BOARD MEMBERS "� Southold Town Hall Ruth D, Oliva, Chairwoman 53095 Main Road Gerard P. Goehringer P.C .Box 1179 Lydia A.Tort+ora Southold,NY 11971-0959 Vincent Orlando Tel. (631) 765-1809 Y James Di nizro,Jr. Fax (631)765-9064 RECEIVED http.11southoldtown.northfork,n et BOARD OF APPEALS TOWN OF SOUTHOLD WAY P. 1 2004 FINDINGS, DELIBERATIONS AND DECISION. MAY 20, 2004 MEETING 11 M14 Appeal No. 5383- :, Property Location: 32�8�45 Main Road, Cutchogue; +ATM 97-5-4.5. Zone: B-Business. rt SEQRA D !N . The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY .A IDC iP 1014:* The applicant's 53,821 sq. ft. parcel has 150 ft. frontage along the Main Road (alkla NYS Rt. 25), depth of 362.92 ft. along the west side, 349.58 ft. along the east side, and 154.16 lin, ft. along the rear (northerly) lot line. The property is improved with an unoccupied single-family, two-story residence and accessory frame structure, shown on the November 7, 2001 survey prepared by Stanley J. Isaksen, Jr. The property is located in the B-General Business Zone District, BASIS OF APPLICATION: The basis of this Appeal is the Building Department's May 20, 2003 Notice of Disapproval, citing Code Sections 100-102 and 100-103C, in its denial of a building permit application concerning new construction for a multiple-use building on a 53,821 sq.ft. lot, The reasons cited in the Building Department's denial, states that the construction is not permitted because: (1) the bulk schedule requires a minimum lot size of 30,000 square feet per use, and there are up to eight different proposed uses, and in addition, (2) the new construction notes 89 feet of linear footage instead of the code limitation of 50 linear feet. APPLICABLE CO� C �"VI l N The sections of the Zoning Code, Chapter 100 noted in the Building Department's Notice of Disapproval read as follows; § 100-102. Bulk, area and parking requirements. o buildingor re is �s shall a use ' and no u%1d r � thereof shall be erected or aIt �re in t District unless the s'an conforms,to t BulkSchedule u�l and Parking and Loading Schedules In o�r rate Into t: i s ia� ter b refers c i h t e "orc a� a �t if re ulati n set forth herein In full § 100-103. Front yard setbacks. [Added 8-22-1995 by L.L. No. 18-1995) C A,p;roect shall, be, divided I nto se rate structures so that no sin -le, structure shall havemore ,than s�ix � [in ear feet f fronta e n one str et. b tasks o ul! jg structures Ion a parc i mU va roovi ed that, the ra setback ofthe F Page 2—May 20,2004 ZBA No.5383—Stanley Malon CTM 97-5-4.5 at Cutchogue struct eet t dInqs and,at least seven!y:fIve ures, ms e b set Ired,above and, a11 bu*'I, (,,775)._fjqet frornlh,2.r1gbt-o,f-w@L., FINDINGS OF FACT The Zo(,n*lng Board of Appeals hold a public hearing on th,is app lication on September 25, 2003, December 18, 2003, February 26, 2004 and, March 18, 2004,1� at which Ume written and oral evidence were presented. Based upon, all tes,tilmony', docu menta6o,no, personal inspection of the property, and other evidence,the Zoning Board finds the following facts to be true and relevant: AREA .,'�VAJRJANCE RELIEF Rgggt�M-, The applicant is desirous of building a new commerci,al' buildin g, and requests a, variance to allow two 38' x 106' building areas connected by a second-floor mezzanine. In, this respect, the Applica nt requests', (1) Variances under Sections 100-102 and 100-103C,based on the Building Department's May,209 2003 Notice of Disapproval concerning with less than 30,000, sq. %. per use and w*lt,h a building frontage greater than 60 linear feet, and (2) Interpretation of Section 100-102', Bulk Schedule, based on the Building Departmen,ts, May 20, 2003, Notice of Disapproval,,, 'to determine that multiple occupancies do not require, an additional 30,000 sq. ft. of land area I , rop *tted use in the B-General Business Zone District# The: appl,*cant is p os,ing a per perml building area with 89 linear feet wide and resulting in multiple commercial uses (common building area on a 51,821 sq.ft. parcel). ADDITIONAL INFORMATIOWAMEN D RELIEF: On December, 4. 2,003, the applicant I "fy,*ng therequestfor an Inter retation of Suction 100-102. The submilfted, reasons and ,clarl 11 P applicant clarified that a determination Is requested from,the Board,, determining.that multiple occupancies do not require an additional 30,,00,0 sq. ft. of land area per permitted us in the B-General Business Zone District. The applicant Is, proposing one commercial, structure with up to three different permitted uses with eight, tenantsloccup,ancies on, this 53,821 sq. ft. parcel, as shown on the 12-11-03 Site Plan prepared by Harold E. Gebhard Architect. SITE PLAN INFORMATION: The, 12-11-013 Site Plan prepared by Harold,E, Geb"hard,,Archlitect'll shows a propos,ed buildingarea 9,,49,6 sq,.ft., Including 8,616 sq, ft,,,. on the first,floor, and 880 sq, ft,,, for,the, second-floor mezzanine,, and lot,coverage of 17.6%. The two 38,ft. wide, by 116 ft. deep build'Ing areas are connected by an,8,80 sq,ft. upper mezzan'line., The number of use's vary, depending on the type and size necessary for each tenancy (retail, office, delicatessen, or other uses as may be authorized by codes.) ALTERNATIVE RELIEF: The Board determines that applicant's request is not the minimum ecessa a that ther� is an alternative available to reduce the overall length of the n , Tyl nd building. The building at each side may be reduced to 32 feet, reducing the amount of relief Page 3—May 20,2004 ZBA No.5383—Stanley Mal©n CTM 97-5-4.5 at Gutchogue by 12 feet from the origi1nal 38 ft. as, requested,, resulting in a total linear footage of 78, ides, greater setbacks reduced fro rntbe, applicant's request of 89 feet,. This reduction 'prov and greater areas,for,parking,firelanest landscaping and buffer areas. REASONS, FOR BOARD ACTION: Onthe basis of testimony presented, materials submitted and personal iris peefions,,,the Board makes the following findings: Area V ariance fog Altempte Relef I., Grant of alternate re lief'will not produce an undesirable change 'i n the character of'the ineighbor"hood or a detriment to near by ,propertles. The proposed desi'gn and alternate relief reduces the length of the building length, and the reduced size wil'! Wend into the rye ighborhoo d. The not ghborhood cons,ists, of other similar businesses of offices and retail areas, and surrounding business zone districts with similar permitted uses. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the I floor applicant to pursue, other, than an area, variance. Without a variance,,, the necessary ib area to, accornmodate the prospective tenants and future occuparits would not, be possl e. The floor areas for each use and tenant requires a minimum size and openness re ADA G t) �.- .,,� L uiredfo access. N" 1 1, k��, ok V e U,1011t, s hKat substantial. The linear footage of the original 1, Th,e alternate, rellef granted Is request for 89 feet,would result in , 8,1' over,the 60 ft. code limitation. The alternate relief for ter for the second flr floor two ,32 ft,,,, Sections, totaling 78 linear, eet with the open 14' at the cen mezzanine,, amounts, to a lesser varilance, or, 30114'of 'the code, I*ml't,a,,t*on of 60 ft. bu,Id'ing I feet In frontago (Width),. It is also clear that,the front, sj#,aqeof'the, proposed building face is 64 f length showing the,two,32 ft. wide,full wall sections facing the street, 4. The difficulty was self-created when the new construction was planned without conforming to the current Town Code requirements. 5. During the hearings,, concerns were raised about flooding due to, poor or Lion drainage or soil conditions, and traffic. As to flooding and drainage,, the applicants are*su,b,mitting plans to e, 'l'nl,eerin,,!g "I'n,,f ,ma mitigate potential adver'se,irnpacts to mitigate these concerns,which ng and plans will be, 'reviewed during:, the final site plan process with various agencies,,, The. 11 condit'lonts In,this determination will ensure that the applicant,shall prepare a final des*9 n that will properly contain water and runoff on this site without adverse impacts to surrounti*ng areas, some of which are criterlia, listed in the September 5, 2003,letter from James A. Richter, R.A. in the Town's Engineering Department for proper contours of the land, additional drywell containment, sanitary, system design requirements, and the like. No evidence has been submitted to suggest,that the alternative relief granted herein will create any more traffic in Page 4—May 20,2004 ZBA No.,538,3 Stantey Malon CTM 97 .5 at Cut,ch.�ogue this existing business district than what the applicant would be able to con struct nstruct as a matter of right without a varriance 8. Grant of the alternate relief Is the minimum necessary and adequate to enable the pp enjoy f new bul�l'ding,while preserving and protecting the character applicant to en o the benefit of'a of the neighborhood and the health, safety and welfare of the community, unity. refer e f WHEREAS, Application No. 5383 also includes a written application dated December 4 2003 for n INTERPRETATION' of the, Zoning Code, Article X,, Suction �Q- 02, "Bulk Area, and Parking Schedule to determine that multiple, occupancies do not require an additional ��l 30,000 sq.ft.,of land area per permitted use in the erie�ral Business Zane District,, and WHEREAS, ter due notice public hearings were held bythe Board of Appeals on December, 18, 2003,, February28, 20,04, and March 18, 20,04, in the A sem ly Roorn, Town Hall, 53095 Main Road,, Southold, New York to consider the a plicar t"s, Appeal of the Building Department's May 20, 2003 Notice of Disa pprov !toand WHEREAS, at said hearings all those who desired to be heard were heard and their testimony recorded, and WHEREAS, all testimony has been carefully considered; and WHEREAS, R AS, Section 100-102 "Bulk Area and Parking Schedule" of the Zonis Code reads as follows,*- g §100-102. Bulk,,area and parking requirements. o buildings or promises,shall be used and no-building or part thereof shall be erected or altered' in the 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 regulatiors,w re,set forth herein in full. EN P.OARD . S0,LUTI In considering all of the above factors and applying the wincing test underNew York Town Law 28 ( motion was offered by Member Tortora,, seconded by Chairwoman, l i °a, and duly carried, TO question - INTERPRET and ANSWER the soon relative to Section, 1+DQ 1 Q2 regarding et r or not a minimum of 30,000 sq. ft. of lan area applies to each use or occu ancy, as f llows. NO, that Section 100-102 does not require an additional 30,000 sq. ft. of land area "r ,a Page 5--May 20,2004 ZBA No.5383—Stanley Malon CTM 97-5-4.5 at Cutchogue per permitted use in the B-General Business Zone District, because Section 10+0-102 clearly states that "...no buildin or d ...in the B District t ereo shall e erected unless the same co�nforrns to the Bulk �� eau a an �ar�king 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." Since the Bulk Schedule and Parking and Loading Schedules for the General Business 'B' Zone District provide for a minimum requirement of 30,000 sq. ft. of land area, this requirement is Interpreted to apply to each bullring, rather than to each use or occupancy within building areas that was Building Department's May 20, 2003 Notice of Disapproval; and BE IT FURTHER RESOLVED, TO DENY the area variance application, as applied for, and to GRANT ALTERNATE J RELIEF for two combined 32' linear footages, plus 14 ft. open connection by an upper mezzanine, for an overall linear footage not exceeding 78 feet for the new building construction, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Drywells and other basins shall be properly designed by an engineer and Installed to contain rainwater and other water runoff within the boundary of this site, to minimize any future impact of run-off onto adjacent properties; 2. The minimum side yard setbacks shall be 32 feet on the west side, and 28 feet on east side. 3. 'there shall be an unobstructed fire access for a minimum 20 ft. clearance on the west side and minimum 18 ft. clearance on the east side. 4. Building height shall be limited as requested to one-story plus a single mezzanine centered between the two building sections. 5. Buildings width shall be limited to 32 feet on each of the two sides and open center 14 feet wide for a center(upper, one-story) mezzanine(resulting In a total maximum length of 78 feet). 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 'AOL Pagia 2004 9. 14 ZSA No.5383—Stanley Malon CTM 97-54.5 at Cutchogue other features as are expressly addressed In this actionK Vote of the Board: Ayes: e hers Oliva (Chairwoman), To rtora, Orlando, and Dinizio, (Absent was Member Goehringer.) s,Resolution was doh y adopted (4-0 . Rut D Oliva, Chairwoman 51,21,104 Approved for Filing RECEIVED Y 00 6 W21 W e