Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1000-102.-3-1
ZONE R40 SITE DATA PROPERTY OWNED BY: PROPERTY: 37,421.8 SF .86 ac BARBARAJOAN LUTZ P.O. BOX 389 CUTCHOGUE, NY 11935 DESCRIPTION: AREA LOT COVERAGE: BUILDING 1: 1.628.1 SF � BUILDING 2: 2,931.8 SF U e a ° � t �a � t' °` � t o.'� °� tt' e � ,� ax t o,•� OFFICE: 576.0 SF • tooas ,o PORTABLE BUILDING: 972.0 SF /, eaa ht II •t fu0 it k4 dr g O tr A A i s SHED: 99.2 SF t #T • • • b a q A • :a a A Q a s a a $t \ TOTAL: 6,207.1 SF 16.6% O P •'aa e � ® '©` Q •��r Q • 0 � • d• a ' X \` 450 175.0 x x x x x x METES AND BOUNDS: SURVEYOR: PECONIC FLOOD • UTILITY POL 0 7i DONAL METZGER CERTIFICATE SOLUTIONS ® (NO WIRES) N A u O 24 (2) GRASS � DATE SURVEYED: OCTOBER 6,2025 • • 21 22 23 25 27 o • g O O O 26 O 0 WOOD SIG O ZONE:R-40 ELEVATIONSREFRENCE: fir' a p q RCA 9X19 STALL () )� FLOOD ZONE X NAVD 1988 © (TYPICAL) .. \ G • Q 22r'0'r OIL Pm CTM: 1000-10-2-3-1 O c ••e ■ •� © e a V`r car N PARKING ` RCP` x 0 OFFICE USE: 1 PARKING SPACE/100 SQ.Fr. NO e0 TNCRETE 0 EXISTING AUTO REPAIR: 1 PARKING SPACE/200 SQ.FT. • g N© SLAB o PROPOSED AUTO REPAIR: 1 PARKING SPACE/200 SQ.Fr. a 5© r Y 28 pORTAELE BUI ON CONC. LDING x ASpHp,�T EMPLOYEES: 1 PARKING SPACE/EMPLOYEE SLAB O TOTAL PARKING REQUIRED: 26 SPACES ® TOTAL PARKING PROVIDED: 28 SPACES ` .3 9x19 ICAW (INCLUDES 2 HANDICAP SPACES) W Q D O CAP eaq � � O x 5 20 24.0' ©k 0 O Z O 4 o q •i O OC.B. ASPHALT MV 1 Z 2025 r O/ C x NU • QSTEEL O 0C.B. L 'y U 77 1 60.5' COVER •• g O g• 16 EXISTING No. 2 0 a a a n:1 .91 BUILDING N EXISTING No. 1 Y rn �c�, o Rom` 90^' (AUTO REPAIR) BUILDING ,o „ o c v A $�` 4 - BAY (AUTO REPAIR) o / o 4-BAY W ccm 0 .';1 0 ® ® x O � z (§p w8 FLAG POLE--O O 00 a 60.5' LO (u 45.1' a a•a V 44.5 4 OIL ZONE R40 TANKS or 6 24.a � o m PROPERTY OWNED BY: A 1 , EXISTING 1 STY. oho JOHN F. DAWSON G.B. FRMD. OFFICE BLDG. 81 CROWS CREEK RD. ASPHALT �';� e o w PITTSBORO, NC 27312 _ (DO 32�' O n� © © © © Q STONE WOOD SIGN N A a SHED p 0 M 8.2' 6 N rn x w ° 1ItN in .o a m 1 W �} $t � STEEL A Mtn COVER �(�, /gam • 4 P 72 \o ~ . g• ' '4 g4 0` u a a ( M ASPHALT U) X X Y� GTE Q 13 9X79 STALL Q, �I 0 • g as as IA I�1 ® • • g d a q • g b • b • • N aaa ® a •" a as Q0 O eaa g x 14 S 45029'00" 200.0' B.B 29.5'w EXISTING CONCRETE ENTRANCE FROM STREET U 24W EXISTING CURB CUT EXISTING CURB CUT GAS , W j" VALVES FLEET NECK ROAD m x DRAWN: SCALE: wN SITE PLAN t � ; JOB#: ®F �' SCALE: 1" = 20'-011 F 11/10/2025 SHEET NUMBER: S- 1 I SURVEY OF PROPERTY A T CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY N. Y 1000-102-03-01 SCALE.• 1'�=20' JULY 6, 2010 MAY 22, 2018 OCTOBER 6, 2025 .46? NOV 12 2025 1 lb WIZES 0.6 O"f 5113�G- FR- Ci. V --aPy440O 04V out, 0- &0 JR9 A' 610 ti 02 FE.�COR. -4 E.7 S �10 1b\ FEEND 0.81 00 15b, t-0 z C04 105 CO* 3r 0, LQ. C, KEY REBAR WELL A = STAKE Of NEP/P, = TEST HOLE JA J.Ale% .V 0 = PIPE kA MONUMENT WETLAND FLAG UTILITY POLE 0511 N. YS. LIC. NO. 051132-01 ANY AL 7ERA 77ON OR ADDI 77ON TO 7741S SURVEY IS A VIOLA 77ON OF SEC770M 7209OF 774E NEW YORK STATE EDUCA77ON LAW EXCEPT AS PECOiVICL$LOOD CERTIFICATE SOLUTIONS PER SEC77ON 7209-SUBDIWSION 2 ALL CER77FICA77ONS HEREON AREA=37,421 SO. FT. Phone:(6J1) 989-9174 ARE VALID FOR 77-IIS MAP AND COPIES THEREOF ONLY IF SAID MAP Email: peconicfcsggmail.com OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. P.O. BOX 128 10-162 RIVERHEAD N. Y. 11901 fir l-fl.� G�3G�-C�C�CIvI:.�D FINNEGAN LAW, P.C. 13250 MAIN ROAD NOV 12 2025 P.O. BOX 1452 SOUTHOLD TOWN MATTITUCK, NEW YORK 11952 PLANNING (631) 315-6070 MARTIN D. FINNEGAN, ESQ. MF1NNEGAN9N0kTHF0P.--K.LAW By Hand November 12, 2025 Heather Lanza, Director Southold Town Planning Board 54375 Route 25 PO Box 1179 Southold, NY 11971-0959 Re: Amended Site Plan Application Premises: 29950 Main Road, Cutchogue, NY 11935 SCTM #1000-102.,00-03,00-001,000 Owner: RQA Properties LLC Dear Heather and Members of the Board: With respect to the above-referenced application, enclosed please find a check made payable to the Town of Southold in the amount of$347.20 representing the required filing fee and an original and one (1) copy of the following documents for your review: 1) Site Plan Application Form. 2) Local Waterfront Revitalization Program (LWRP) Consistency Assessment Form. 3) Short Environmental Assessment Form. 4) Applicant's Authorization and Affidavit. 5) Transactional Disclosure Forms for Applicant and Agent. 6) Proof of Lot Recognition: Deed in Liber 7511 Page 411. 7) Zoning Board of Appeals Decision #7800 and #5759 and Extension Letter dated 6/9/2025. 8) Site photographs. 9) Four (4) surveys prepared by Peconic Flood Certificate Solutions dated 10/6/2025. 10) Nine (9) amended site plans prepared by Architect Mark Schwartz &, Associates dated 11/ 10/2025. Please be advised our office submitted a Building Permit application for disapproval to the Southold Building Department on October 24,11, 2025, a copy of which is attached hereto. Kindly advise if you require any further documentation to place this matter on your next available agenda. Thank you for your consideration. Very t :Finnegan M . MDF/ao Enclosures SOUTHOLD PLANNING BOARD 12M E W IF=D SITE PLAN APPLICATION FORM NOV 12 2025 SOUTH OLD TOWN Site Flan Name and Location Site Plan Name: Rich's Quality Auto Body Application Date: 2025 Suffolk County Tax Map#1000- 102 - 3 - 1 father SCTM #s NIA Street Address: 29950 Main Road Hamlet: Cutchogue Distance to nearest intersection: Corner of Pequash Avenue Type of Site Plan: New V Amended Residential Zoning District R-40 Owners/Aunt Contact Information Please list name, nwiling address, and phone number fin, the )e2 le below.- Property Owner RQA Properties LLC Street 29950 Main Road City Cutchogue State NY Zip 11935 Home Telephone 631-734-7868 Other Applicant Same as Above Street city State Zip Home Telephone Other Applicant's Agent or Representative: Contact Person(s)* MARTIN D. FI N N EGAN, ESQ. (Finnegan Law, PC) Street 13250 Main Road, PO Box 1452 City Mattituck State NY Zip 11952 Office Telephone 631-315-6070 Other *Unless otherwise requested, correspondence will be sent only to the contact person noted here. Site P1a17Application Fo"n 21,1812010 Site Data As built Proposed construction type: V New Modification of Existing Structure Agricultural Change of use Property total acreage or square footage: 37,428 -tw,./sq. ft. Site Plan build-out acreage or square footage: 6,383 at./sq. ft. Is there an existing or proposed Sale of Development Rights on the property? Yes No V If yes, explain: Does the parcel(s) meet the Lot Recognition standard in Town Code §280-9 Lot Recognition? Y V N If"yes", explain (and attach any necessary documentation—title report, subdivision approval, etc.) Lot is recognized pursuant to deed dated 10/1173, recorded in Liber 7511 Cp 411 Building Department Notice of Disapproval Date: / / Pending Is an application to the Southold Town Zoning Board of Appeals required? Yes No If yes, have you submitted an application to the ZBA? Yes No V ZBA requires Amended Site Plan If yes, attach a copy of the application packet. approval before submission. Show all uses proposed and existing. Indicate which building will have which use. If more then one use is proposed per building, indicate square footage of floor area per use. List all existing property uses: Auto body repair shop List all proposed property uses: same as above Other accessory uses: n/a Existing lot coverage: 17 % Proposed lot coverage: 17 % Gross floor area of existing structure(s). 6,383 sq. ft. Gross floor area of proposed structure(s): same Parking Space ace Data: # of existing spaces: 23 # of proposed spaces: 26 Loading Berth: Yes No � Landscaping Details: Existing landscape coverage: 15 % Proposed landscape coverage% 15 Wetlands: Is this property within 500' of a wetland area? Yes No V Maybe I, the undersigned, certify that all the ab infor ration is true. Signature of Pre parer: Date: I to Iz, g p 2 Site Plan Application Form 2/18,12010 Town of Southold Nov 12 2025 LWRP CONSISTENCY ASSESSMENT FORM S(DU f 10LJ T01.'<I� Pa AP11,;:Ji-!G 8 Al 0 A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions inchding Building Permits card other ministerial permits not located within the Coastal Erosion hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A irovosed action will be evaluated as to its si cyni iicant beneficial and adverse effects upon the coastal area(which includes all of Southold To 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail lip_h th supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 102 _ 3 ,. 1 PROJECT NAME Rich's Quality Auto Body The Application has been submitted to (check appropriate response): Board Planning Board Building Dept. Board of Trustees Town oa d g g p t. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action'. Amended site plan approval for as-built portable tent structure used for automotive detailing. Location of action: 29950 Main Road, C utchpgue .. Site acreage, .86 Zn - -- -- Present land use: Commercial - auto body repair Present zoning classification: R-40 2 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant-- RQA Properties LLC (b) Mailing address: 29950 Main Road, PO Box 320, Cutchogue, NY 11935 (c) Telephone number: Area Code (631) 734-7868 (d) Application number, if anN,- Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No If yes, which state or federal agency?_ C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section HI— Policies; Page 2 for evaluation criteria. Yes No ✓ Not Applicable Attach additional sheets if necessarv. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section 1H— Policies Pages 3 through 6 for evaluation criteria Yes No W Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes [:] No M Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages S through 16 for evaluation criteria Yes No Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria Yes El No Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III— Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy S. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III-- Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy I L Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 58 for evaluation criteria. Yes No Not Applicable PREPARED BY MARTIN D. FI N NEGAN, ESQ. TITLE DATE Itk1D12.S Amended on 8,11;0 1219-.CC_`E�Llw[r7z=_ Short Environmental Assessment Form NOV 12 2D25 ; Part I - Project Information - Instructions for Cony l tin Part 1 UProject Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 OProject and Sponsor Information Name of Action or Project: RICH'S QUALITY AUTO}BODY AMENDED SITE PLAN Project Location(describe, and attach a location map): 29950 Main Road,Cutchogue,NY 11935#1000-102.00-03.00-001.000 Brief Description of Proposed Action: Amended Site Plan approval for as-built portable tent structure. Name of Applicant or Sponsor: Telephone:P 631-315-6070 Martin D. Finnegan, Esq. E-Mail: mfi nnegan @ northfork.law Address: 13250 Main Road, PO Box 1452 City/Po' State: Zip Code: Mattituck NY 11952 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 government Agency? NO YES If Yes,list agency(s)name and permit or approval:Zoning Board of Appeals Variance 3. a. Total acreage of the site of the proposed action? 0 86 acres b. Total acreage to be physically disturbed? o acres c. Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.86 acres 4. Check all land uses that occur on,are adjoining or near the proposed action: 5. ❑ Urban ❑ Rural(non-agriculture) ❑ Industrial [;fl Commercial m Residential (suburban) ❑ Forest ❑ Agriculture [:J Aquatic ❑ Other(Specify): ❑ Parkland Page ] of 3 5. Is the proposed action, NO YES NIA a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? Z Ll NO YES b. Is the proposed action consistent with the predominant character of the existing built or natural landscape? 7. Is the site of the proposed action located in,or does it adjoin, a state listed Critical Environmental Area? NO YES If Yes,identify: NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? FZ] [:1 b. Are public transportation services available at or near the site of the proposed action? W1 F-1 c. Are any pedestrian accommodations or bicycle routes available on or near the 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 YES If No,describe method for providing potable water: 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a. Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS Office of Parks Recreation and Historic Preservation to be eligible for listing on the ✓ State Register of Historic Places? b. Is the project site,or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? 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: Page 2 of 3 14. Identify the typical habitat types that occur on,or are likely to be found on the project site.Check all that apply: ❑Shoreline El Forest ❑Agricultural/grasslands ❑ Early mid-successional El'Wetland El Urban 2 Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or NO YES Federal government as threatened or endangered? Northern Long-eared Bat [:1 1Z 16. Is the project site located in the 100-year flood plan? NO YES non-point sources? NO YES 17. Will the proposed action create storm water discharge,either from point or non-p If Yes, a. will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? r If Yes,briefly describe: Storm water runoff will be contained per Ch.236 of the Town Code. 18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES i or other liquids(e.g.,retention pond,waste lagoon,dam)? If Yes,explain the purpose and size of the impoundment: r 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes,describe: r 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: r I CERTIFY THAT THE INFURMATIDN PRUVIDED ABOVE IS TRUE AND ACCURATE T4 THE BEST OF MY KNOWLEDGE t� �O• Martin❑.Finne an.E . Date: 17,1( Applicant/sponsor/name: � Signature: Title. gent/Attorney PRINT FORM Page 3 of 3 EAF Mapper Summary Report Thursday, November 6, 2025 12:44 PM Disclaimer: The EAF Mapper is a screening tool intended to assist `<1 03,-1_!9 103 project sponsors and reviewing agencies in preparing an environmental -102_-2-16.3'1. 0 2.-2--18 ,%1- 1 assessment form(EAF) Not all questions asked in the EAF are -,,/A 03.-1-10-' answered by the EAF Mapper,Additional information on any EAF /10 2 1.03 question can be obtained by consulting the EAF Workbooks.Although "- -1' 'I 01-7il ~, -- the EAF Mapper provides the most up-to-date digital data available to 1031-1-12 DEC,you may also need to contact local or other data sources to 102.-2-16.2 '102 3- 103.-7 confirm data provided by the Mapper or to obtain data not provided by the Mapper. .03 02.-3-.7 3 - 103-7-32, 5 d -"'A 0 3.-7-6.1 102-72-15 1'03 7-3 0 0 102 130 -7-�2 q 102.-2-13 fb 01 1 63:!!J Toi-2 nt O'.' -747 10 2.Y-3-2 -�`��'N P 1 03.-T�26� 102.-2-12-2 -3-5.1 10 3.--7-25' /102. / 101-7 724 th#My -4- -103-- -23 102.72-8 143 .1 102.-3-10 10 2 -2-93 02 -2-1 Z 7 103.-11`-4 t J3 E -1 ,102,-2-10 �es:Esiii HEkc Sa-M,I 14� I RF.Ull NT P 1 1.1 E� Ri,6F s r 1 K14r. w t 7;5�r? I i P P "314 11",V,er 402.-`2-12 5 Part 1 /Question 7 [Critical Environmental No Area] Part 1 /Question 12a [National or State Yes Register of Historic Places or State Eligible Sites] Part 1 /Question 12b [Archeological Sites] Yes Part 1 /Question 13a [Wetlands or Other Digital mapping data are not available or are incomplete. Refer to EAF Regulated Waterbodies] Workbook. Part 1 /Question 15 [Threatened or Yes Endangered Animal] Part 1 /Question 15 [Threatened or Northern Long-eared Bat Endangered Animal - Name] Part 1 /Question 16 [100 Year Flood Plain] No Part 1 1 Question 20 [Remediation Site] No Short Environmental Assessment Form - EAF Mapper Summary Report SOUTHOLD PLANNING DEPARTMENT OWNER'S AUTHORIZATION I, Richard Boznyak, as Member of RQA Properties LLC, owner of the property identified as 29550 Main Road, Cutchogue,NY 11935 (SCTM #1000-102.00-03.00-001.000) hereby authorize Martin D. Finnegan, Esq. and Finnegan Law, P.C. to apply for a site plan on my property and hire any agents necessary to complete the work involved in the site plan process with the Southold Planning Board. r, 1 RQA PROPS 11 LLC By: Richard Boznyak, Member Sworn before me this .23"�__ day of October 2025 - ` AV Notary Public ANNALISE OUELLETTE NOTARY PUBLIC-STATE OF NEW YORK No.01OU6409457 Oualified in Suffolk County My Commission Expires 09-28-2028 APPLICANT'S AFFIDAVIT STATE OF NEW YORK s s) COUNTY OF SUFFOLK Richard Boznyak, being duly sworn, deposes and says: That I am the Member of RQA Properties, LLC, which is the owner of property identified as 29550 Main Road, Cutchogue,NY 11935 (SCTM#1000-102.00-03.00-001.000); and That said LLC is the owner of the above property, which is hereby making a Site Plan application; that there are not existing structures or improvements on the land which are not shown on the Site Plan; that the title to the entire parcel, including all rights-of-way, has been clearly established and is shown on said Plan; that no part of the Plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads; that I have examined all rules and regulations adopted by the Planning Board for the filing of Site Plans and will comply with same; that the plans submitted, as approved, will not be altered or changed in any manner without the approval of the Planning Board; and that the actual physical improvements will be installed in strict accordance with the plan as approved by the Planning Board. K&Z)"CL)&1� - n RQA PROPERTitS L C By: Richard Boznyak, Member Sworn before me this day of October 2025 �04- Notary Public ANNALlSE OUELLETTE NOTARY PUBLIC-STATE OF NEW YORK No.01OU6409457 Qualified in Suffolk County My Commission Expires 09-28-2028 Southold Plann* Department Applicant Transactional Disclosure Form The Town of Souiholl,s Code of Ethics prohibits conflicts of interest mm the part of town offioers and employees. The purpose of this form is10 provide information which can alert the town of possible conflicts ofinterest and allow it to take whatever action is necessary to avoid same. Your Name: RICH/\�� �������` �yEMBER OF R[]/\ PROPERTIES LLC Last, First,middle initial unless you are applying in the name ofsomeoneelse or other entity, such as a company. ffso' indicate the other person'oo,conV,uny'sname. Nature ofApplication: (Check all that apply) Subdivision orRe-subdivision Site Plan . X Other(Please name other activity) Do you personally(or through your oompmny, ypouse, oib|iog,parent or child)have u relationship with any officer or employee ofthe Town of Southold? "Relationship includes by blood,mmriogreorbusiness interest. "Business interest"means a business, including a partnership, in which the town offioeror employee has even apartial ownership of(or employment by)aoorpom1ion in which the town officer oremployee owns more than 596 of the shares. Yes No X lf you answered'^yes"complete the balance ofthis form and date and sign where indicated. Name of the person employed bv the Town ofSouthold Title or position of that person Describe the relationship between yourself(the applicant)and the town officer or employee. Either check the appropriate line&through D and/or describe in the space provided. The town officer or employee or his o^ her moumm, sibling,parent or child is(check all that apply): A. the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant isauorporsuion); B. the legal orbenefiuia]owner of any interest ioanonoorporate entity(when the applicant isnot ouorporotion); C. an offiomrl direotor,partner or employee of the applicant; or _ D.the actual applicant Description ofRelationship: Submitted this_23_day ofOct 2025 Siernutme`�^�� Print Name- By: Richard 8oznyok. Member Disclosure Form AGENT/RE PRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethicspt�Qttibits coin flicts(if interest on lite 11art of town officers and em ploves.The purpose of this form is to provide information which can alert the towii of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : -MARTIN D. FINNEGAN (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning X -Amended Site Plan 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. X 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 November,20 25 Signature Print Namebf� IN D. FINNEGAN .�; Standard N.Y.B.T.U.Focm 8007 Bargain and Sale Deed,wick Covenant against Grantor's Act*—individual or Corpotstion. CONSAT YOUR LAWYER DIFORE STONING THIS,IMTR1JNwHT—THIS MKTRUMEW SHOULD RE USED BY LAWYM W&Y. ` U ER "11 PAGE 411 THIS INDF.NIVRE,made the 1 S t day of 0 c t ob er ,nineteen hundred and Seventy-three BE3 EN his wife both residing at EDWARD W. FOX and TERESA FOX, g .0 West Creek Avenue, Cutchouge, New York, i�59 party of the first part,and NICHOLAS ALIANO, residing at Brix 263, Ashley Lane, Shoreham, New York, �'�/ ,���� STATE O E � REAL ESTATE „� •; E ' `;ORK J TRANSFER TAX .. v ,. ' to •pq!' :'I �� party of the second part, WrI'NESSM,that the party of the first part, in consideration of TEN ( $10.0 0) — — — — - — L — -- — — — — — — — — — — — — — — — — — — — — — -. — — — dollars, lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, 'Q• All-that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, i13 - lying being y g andx+xftx at Cut chogue, Town of Southold, County of Suffolk and State of New York,bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of Main Road with the westerly side of Fleets Neck Road; thence alon g the said westerly side of Fleets Neck Road, South 450 29' 00" East 200 feet to a monument; thence South 350 1.4, 50" West 202.67 feet to a monument; thence North 451 29' 00" West 175 feet to the said southerly side of Main Road; thence along the southerly side of said Main Road following 2 courses and descriptions, (1) North 290 44' 00" East 27.55 feet to a monument; (2) North 28° 12' 30" East 180.62 feet to a monument at the point or place of beginning. SUBJECT to covenants, restrictions and easements of record, if any, to any state of facts an accurate survey might show and to Zoning Ordinances and Building Regulations of any governing municipality. SUBJECT to a purchase money mortgage in the sum of $38,700.00 and interest, bearing even date herewith, executed by the Party of the Second Part in favor of the Parties of the First Party, given and intended to be recorded simultaneously herewith, said mortgage being given to secure a portion of the purchase price. BEING AND INTENDED TO BE the same premises conveyed to Edward W. Fox andTeresa Fox, his wife, by Madolyn F. Barteau, by deed dated August 13, 1953, and recorded in the Office of the Clerk of the County of Suffolk on August 19, 1953, in Liber 3565 of Deeds at page 252. RE CORI)E OCT CAW& C,� J, i BOARD MEMBERS so Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road• P.O. Box 1179 Patricia Acamp ora Southold,NY 119 71-0959 Robert Lehnert, Jr. Office Location: Nicholas Planamento Town Annex/First Floor a Steinbu ler 54375 Main Road(at Youngs Avenue) Margaret gcoum Southold,NY 11971 http://southoldtownny.gov ZONEN;G BOARD OF APPEALS June 9, 2025 TOWN OF SOUTHOLD Martin Finnegan Tel. (631) 765-1809 Finnegan Law, P.C. P.O. Box 1452 Mattituck,NY 11952 RE: Extension Request and Amend Conditions Appeal No. 5759 and 7800,RCA Properties, LLC 29950 NYS Route 25, Cutchogue S CTM No. 1000--102-3-1 Dear Mr. Finnegan; We received your letter of May 23, 2025 informing the Board that the above referenced applicant has recently requested guidance and assistance from your office, and has,therefore, requested that this Board grant extensions and amendments to conditions relating to Zoning Board of Appeal Nos. 5759 and 7800, as follows: a) One-year extension of compliance deadlines set forth in Condition No. 1, requiring that the applicant obtain a building permit within 90 days, and Condition No. 2, requiring the applicant to obtain a Certificate of Occupancy within 12 months both from the date of decision No. 7800; b) Reconsider Condition No. 6 in ZBA#5759 of December 27, 2005, and Condition No. 3 in ZBA 47800 of.August 3, 2023, both requiring the removal of the temporary tent structure. During the June 5, 2025 Regular Meeting, the Zoning Board of Appeals granted your request for a one- year extension of Conditions No. 1 and 2 of Determination No. 7800, both extensions to expire June 5, 2026. The Board also discussed your additional request that the condition of approval in ZBA Appeal Nos. 5759 and 7800 requiring the removal of the temporary tent structure be reconsidered. The Board concluded that the basis for the condition imposed originally in 2005 and again in 2023 was rational and reasonable and therefore voted to stand by and uphold the original decision and to deny your request. If you have any further concerns, please feel free to contact the Town Attorney's office. S V6 I y, .esl ie Kees Weibmaii Chairperson. cc: Building Department Town Attorney . BOARD MEMBERS Southold Town Hall so�v Leslie Kanes Weisman, Chairperson �'� � 53095 Main Road•P.O.Box 1179 Patricia Aram pora � Southold,NY 11971-0959 Erie Dames .� Office Location: Robert Lehnert c a� Town Annex 1First Floor Rob �Jr. Nicholas Planarnento 54375 Maui Road(at Youngs Avenue) *�", .� Southold,NY 11971 COUNrl http://soutboldtownn ov RECEIVED Y� ING BOARD OF APPEALSJ-0- TOWNC� zoN of SOUTHOLD AUGff - g 2023 Tel.(631) 765-180990;4- - Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 3, 2023 ZBA FILE: 47800 NAME OF APPLICANT: RQA.Properties,LLC PROPERTY LOCATION: 29950 Main Road, Cutchogue,NY SCTM: 1000-102-3-1 1A DTERMIN T11 : 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 further steps under SEQRA. SUFFOLK CO UNITY ADMINISTRATIVE ODE: This application was ref erred as required under the Suffolk County Administrative Code SectiorIs A 1 -14 to 23,and the Suffolk County Department of Planning issued it:-reply dated April 7,2023, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. f_.. ' ' I EFEI M I _A TION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. TOWN OF SOUTI�1_ LD PLA�NNfN BOARD: The application was referred to the Town of Southold Planning Board for comment who issued its replies dated July 18, 2023 and July 25, 2023 indicating that this site and the submitted `as-built' plan do not comply with the site plan that was approved by the Planning Board in 2006. Subsequent to the ZBA decision #5759 issued in 2005, the Planning Board approved a site plan in 2006 for the construction of a 1,759 square feet auto repair shop and associated site improvements including but not limited to vehicle circulation including a driveway to Route 25,parking stalls,drainage and landscaping with th ZBA imposed condition##6 of the removal of a`temporary' portable building(tent,subject of thisapplication). Based on historical aerial photographs, it appears that a 1,157 square feet addition was added on to `existing building#2' approved in 2006 without proper permits between 2015 and 2016. The subject site and the submitted as-built plan is not in compliance with the approved 2006 site plan. Also, there' are inaccurate dimensions for building setbacks shown on the as-built plan provided;and the as-built site plan creates the following concerns: i. "Existing Building #2" was approved at 1,759 square feet and is currently +/-2,916 square feet. Because of this increase in building area,the aisle width behind the nearby parking stalls no longer meets the Town Code requirement. There may be the potential to decrease the number of approved/striped packing stalls on the site and allow for Code compliant aisle width to maintain safe Page 2,August 3,2023 #78001 RQA Properties, LLC SCTM No. 1000-102-3-1 site circulation. This could potentially be achieved through an amended site plan application review by the Planning Board. ii. The front parking stalls and the access driveway to the south have been modified since the approved plan and are not compliant with the Town Code. Similar to the rear parking, these front-parking stalls may be able to be reconfigured to meet Town Code through the amended site plan process. This particular parcel is located on NY State Route 25; however, it is also adjacent to multiple residential properties. The land Use and Zoning Chapter (Goal 7) and the Economic Development Chapter of the Southold Town Comprehensive Plan encourage the growth of existing business while balancing economic prosperity with maintaining a high quality of life,the environment and the unique character of the commun**t ies. Absent any nuisance DO Ise., odor or traffic complaints from the neighborhood, this business appears to be consistent with the Comprehensive Plan by achieving that balance. PROPERTY FACTS/DESCRIPTION: The subject, non-conforming, rectangular-shaped, 37,421 square feet, .86 acre parcel located in the R-40 Residential Zoning District measures 180.62 feet along Main Road, also known as, State Route 25, then runs south 200 feet along Fleet Neck Road (also known as Pequash Avenue) then runs west 202.64 feet(202.67 feet per deed)along a residentially developed lot then runs north 174.89 feet(175 feet per deed) back to the roadway'y along a second residentiaIly developed lot. The property is developed with a one-story wood frame building (office), a one-story concrete block and brick building with a metal and frame building attached by `breezeway', a portable building on concrete stab, a meta shed, a metal trailer shed, a smaller portable building on concrete slab, a small wood frame shed and a small metal shed, substantial asphalt parking and driveways, RCA (recycled concrete aggregate)parking areas,extensive stockage fencing around the perimeter of the property and two wood signs as shown on the survey prepared by John T.Metzger, Licensed Land Surveyor,and dated May 22,2018. C7 BASIS OF APPLICATION: Request for Variances from Article XXIII, Section 280-123A and the Building Inspector's March 15, 2023 Notice of Disapproval based on an application fora permit to legalize several"as built" additions and accessory structures at an existing auto body repair business 1) A nonconforming building containing a nonconforming use shall not be enlarged,or structurally altered or moved,unless the use of such building is changed to a conforming use; 2)"as built" improvements results in increase in floor area greater than prior alternative relief that was previously granted in ZBA File No. 5759 dated December 27, 2005; located at: 29950 Main Road, Cutchogue,NY. SCTM No. 1000-102-3-1. RELIEF REQL.ESTED: The applicant requests variances to legalize several temporary structures and sheds including: a metal shed measuring 9.8 feet by 12 feet,a wood-frame shed measuring 8.2 feet by 12.1 feet,a'portable' building on concrete slab measuring 23.2 feet by 20.2 feet, a metal trailer shed measuring 26.5 feet by 8 feet and larger temporary"portable"structure measuring 25 feet by 50 feet,and to legalize the"as built"j addition measuring 24 feet by 48.2 feet, to a previously approved (see ZBA file #5759) addition which originally measured 36 feet by 48.2 feet, allowing a 25% increase of floor area. The application illustrates that in the request for approval of the'as built' addition to the principal building, a yield of an overall increase of 65.8% over the relief granted in ZBA file #5759 will be established. ADDITIONAI., INFORIVIATION: The applicant is the beneficiary of several Zoning Board of Appeals variances: #856 dated 1966 -ff 1964 dated 1974 #1983 dated 1974 #2.384 dated 1978 93907 dated 1990 45759 dated 2005 Zoning at the subject parcel was changed from B-I Business to R40 Residential in 1989 while the applicant (now owner)was a tenant on the property,,and the continuous use of the site,commercially is well established and known 1- -fects to the neighborhood or the within the community. There have beert no known complaints or adverse el community in general. The app[icant's property is well screened and maintained y with low site traffic,no obnoxious odors and little impact on the neighborhood. I 1 Page 3,August 3,2023 #78007 RQA Properties,LLC SCTM No. 1000-102-3-1 The applicant provided a site plan, labeled S-1;a floor plan, labeled A-1,and a floor plan/image of the larger tent on slab, labeled A-2 prepared by Mark Kevin Schwartz,Registered Architect and dated March 9, 2023. The applicant states that total lot coverage calculation for the subject parcel is 7,009.7 square feet or 1 .6% lot coverage where 20% lot coverage is the ma i g mum allowed by Code. The applicant also provided a statement titled; Zoning Board History with the Property,which outlines the applieantxs opinion that the property was originally a Bsso P as station, re-19 7 with a detailed description of all uses and Beard relief granted, through the change of g Zone, to the present use as an autornotive repairs shop as granted in ZBA file #5759 which allowed for the non- 'conforming use expansion of the principal building by 25%with various conditions,including 46,the removal of the P larger`temporary' structure. The applicant has an open building perrnit,#Z-33712,dated June 17,2009,for which they now seek a Certificate of Occupancy, along with the recognition and legalization of the various additional improvements not included in the site plan as approved by the Town of Southold Planning Board. During the Public Hearing the applicant acknowledged that they extended the garage building without the benefit of a building permit and in direct conflict with the ZBA rel ief granted in file#5759,and also in conflict with the Planning Beard Approved site plan, of 2006. while not a formally a ►endcd application, the applicant stated that they will pP remove the five smaller shed/storage trailers. They did not indicate whether or not they would be willing to remove the larger "portable' tent on concrete slab, which was conditioned to be removed under the prior Boards decision in g 2005. No member of the public or an immediate neighbor spoke in favor of or against this application. } FINDINGS OF FACE"/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application yin July 6 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 67-b(3)(b)(i . Grant of the variance to allow the expansion of the as--built garage structure, an overall increase of 65')%over the granted increase of 25%,will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties as the site is well-screened with mature landscaping, conditioned in the prior relief granted and the site plan approved by the Planning Board in the prior appeai. Furthermore,extensive fencing exists which further shields the site from area residences,the roadway and passersby. Grant of relief to allow the larger`tent' portable structure on concrete slab to remain will however be a detriment to the community and adversely alter the character of the neighborhood and nearby properties. This temporary structure was previously conditioned to be removed in ZBA file 45759 and is also supported by the approved site plan, as P y sanctioned by the Town of Southold planning Board in 2006. 2. Town Law 2 7-b 3 b 2 , The benefit sought by the applicant can be achieved by some method, feasible for the applicant icant to pursue,other titan an area variance. The applicant can comp with the previous relief granted ii�t Pp" P . ZBA file#5759 and in the approved site plan by the Town of Southold Planning Board and. maintain a functioning busine ss.All contained in an as built addition that is 25%greater than the original footprint of the principal building, while removing multiple sheds/trailers and the large `tent' portable structure on concrete slab. 3. Town Law 67-b 3 l . The variances granted herein are mathematically substantial,representing 65% greater relief from the code than the prior 25%relieffrom the code, granted is 2005. However, it would be an unnecessary hardship to require the applicant to remove the 24 feet by 48.2 feet addition to the masonry structure 1 Page 4,August 3,2023 978001)RQA Properties,LLC SCTM No. 1000-102-3-1 prevkously granted, in light of no adverse conditions discovered as part of this application. Kelative to maintaining the tai-ge 'tent'portable structure on concrete slab, 1 t wou Id be 100% i-e I lef from the code as th is structure was conditioned to be removed from the site as part of relief granted in ZBA file#5759 and the Town of Southold approved site plan of 2006. 4. Town Law U67-WILb)(4). Evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town"s Storm Water INIanagement Code and seek approval from the 1'o n of Southold Planning Board for an updatedlamended site plan, correcting parking and on-site circulation prDblems discovered as part-of this application. 5. Town Law_§267-b(3)(_b The difficulty has been self-created. The applicant publicly stated that they made file site improvements without the benefit of a building pewit and in contravention of the relief granted in ZBA fi #5759 and the 2006 Town of Southold approved site plan. Furthermore,the applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law§267-b. Grant of the requested relief, maintaining the "as built' masonry addition to the auto repair shop,,measuring 24 feet b mi y 48.2 feet, is the minimum action necessary and adequate to enable the applict to enjoy the benefit of an expanded, non-conforming business use in the R40 Residential Zoning District while preserving and protecting the character of the neighborhood and the health, safety and welfare of the conim unity. Grant of the requested relief relative to maintaining the large 'tcnt' portable structure on concrete slab is not the min'IMLIrn action necessary and adequate to enable the applicant to enjoy the benefit of an expanded,non-conforming business use in the R40 Residential Zoning District,while preserving and protecting the character of the neighborhood and the health,, safety and welfare of the community. 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 Planamento,seconded by Member Dantes,and duty carried, to GRANT the variance to maintain the 'as-built' masonry addition to an auto body shop, measuring 24 feet by 48.2 - feet, as applied for, and DENY the request to maintaifl the large 'tent' portable stru�..-ture on concrete slab, all as I shown on Site Plan., labeled S-1; a floor plan, labeled A-1, and a floor plaii/iniage of the larger tent on slab., labeled A-2 prepared by Mark Kevin Schwartz, Registered Architect, and dated March 9,2023. SUBJECT TO TRE FOLLOWING CONDITIONS: L The applicant must apply to the Building Department for a building permit for the"as built" improvement(s)within 90 days of the date of this dec is ion and submst same to the Office of the Zoning Board of Appeals,or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a building permit in the time allotted. 2. The app licant must obtain a Certificate cif Occupancy from the Building Department for the"as built" i in provernent(s)and submit same to the Office of the Zoning Board of Appeals within 12 months of this decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s) why the applicant was unable to obtain a Certificate Of OCCLIpancy in the time allotted. 3. The ap plicant shall remove the large"tent" portable structure on concrete slab,prior to the issuance of the building permit for the 'as-built' addition to the auto repair shop, as verified by a member of the Zoning Board of Appeals. Page 5,August 3,2023 #78001 RQA Properties, LLC SCTM No. 1000-102-3-1 4. The applicant shall remove the five(5) smaller sheds/trailers, prior to the issuance of the building permit for the 'as-built' addition to the auto repair shop,as verified by a member of the Zoning Board of Appeals. 5. The app licant shall remove the wooden sign located on the western side of the property, along Main Road,prior to the issuance of the building permit for the "as-built' addition to the auto repair shop,as verified by a member of the Zoning Board of Appeals. 6. The app licant must receive Site Plan Approval by the Town of Southold Planning Board. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board ofAppeals,failure to comply with the above conditions may render this decision null and void I That the above conditions be written into the Building Inspector's Certificate of occupancy, when issued The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. I IMPORTANT LIMITS ON THE APPROVAL(S)GRANTED HEREIN Please Read Carefully An y de viation from the s urvi�v,site plan and or architectural drawings cited in this decis t*on, or w ork exceeding the scope of the relief granted herein, will resuft in delays andlor a possible denial by the Building Department of a b rdldfng permit andlor th e iss uance of a Stop Work Order, and inay require a n ew application an d p ublic hearing before the Zoning Board of Appeals. deviation from the variance(s)granted herein as shown on the architectural drawings,site plan andlor survey cited above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformilies under the zoning code. This action does not authorize or condo'ne 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. TEKE LIMITS ON THIS APPRUVAL: Pursuant to Chapter 280-146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null aixd void vdie-re a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upoll -written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1) year terms.IT IS THE PROPERTY OWNER'S RESPONSIBELITY TO ENSURE CONITLUNCE WITH THE CODE REQUIRED T111 FRAME DESCRIBED 1-JEREM FaHure to comply in a timely manner may result in the denial by the Buildi ng Department of a Certificate of Occupancy,nullify the approved variance relief,and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson), Datites, Lehneft,urid PldnaiaeriLu(4-0)(Member Acampora Absent). % Leslie Kanes Weisman, Chairperson Approved for filing /2023 t0 V so APPEALS BOARD MEMBERS � Southold Town Hall`► Ruth D.Oliva,Charwoman 53095 Main Road• P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Vincent Orlando , , Office Local i on: James Dinizio,Jr. Town Annex/First Floor,Notch Form Bank Michael A. Simon 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork,net B F APPEA C 22 9 22W OO5. = z eM+7O _ � �► TOWN OF SoUTHOLD Tel.(631)765-1809 •Fax(631)765-9064 LIB AND DETERMINATIO OU&014d:VT01 �Cleerk FINDINGS, DELIBERATIONS A MEETING OF DECEMBER 27,2005 ZB File No. 5759— RQA(Rich's Auto Body)and Richard Bozsnyak Property Location: 29950 Main Road and Pequash Avenue, Cutchogue CTM 102-3-1 SE RA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type li category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. BASIS OF APPLICATION: Building Inspector's May 26, 2005 Notice of Disapproval concerning a permit to construct a new building, as part of an existing auto body sharp. The reason stated in the Notice of Disapproval is that a new building on this nonconforming 37,447 square foot lot, in this R-40 Low-Density Residential Zone District, is not a permitted use, citing section 100-241 A which reads, "nonconforming uses shall not be enlarged altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever." PROPERTY FACTS: The applicant's 37,447 square foot parcel has 208.17 feet along the south side of NYS Route 25 (Main Road), and 200 feet along the west side of Pequash Avenue, in cutchogue. The property is improved with a single-story 597 sq. ft. building rented by a real estate office, a single-story concrete block building occupied by the applicant's auto body repair service business, two detached storage sheds, and temporary canvas tent (portable structure),as shown on the August 3,2004 survey,revised October 12,2004 by John C. Ehlers, L.S. FINDINGS OF FACT The applicant's business is located in the main building consisting of 1620 sq. ft. (36" x 481) of enclosed floor space, and constructed of cinder block and wood. The applicant rented the building and most of the lot since about 1988 (15 years) with a tenant liability policy as a garage man (auto body repair business) until 2004. The property was re-zoned by the Town during 1989 from business to Residential R-40, while the applicant continued the nonconforming business occupancy; the real estate office nonconforming use also continued until the present time. On 10/25104, the applicant purchased the premises and changed and expanded the insurance plan from tenant's liability to owner liability. In ,January 2005 the applicant received written notice from the insurance company regarding safety equipment and other requirements related to the auto body repair business activities and buildings to be insured. The installation of a new spray booth was required and is within one of the front bays of the main building. Other changes were requested by the insurance company, such as cleaning up of the parking area,walkways, and stairway clearances)for continued liability coverage,which has been completed by the applicant. The applicant proposes to relocate two out of the five existing work bays from the existing 1620 sq. ft., one-story building (36 ft. x 45 ft building size), and not using a third bay in the front of the building. The applicant also proposes to discontinue a large area used outdoors close to the main building for auto body repairs, and to remove the temporary, portable structure. The remaining two work bays located at the rear of the main building will continue, and the front access to the work areas will be blocked off to relocate access for vehicles from the rear. Page 2 of 5 ZM File No.5759—RQA and R. Bozsyna CTM 102-3-1 As a result of the required purchase of the self-contained metal spray booth and mandates of the insurance industry, the applicant proposes to move the auto-body repair activities (from two front bays) into a proposed 36.5' x 48.21 metal building as a separate structure, 16.5 feet from the westerly lot line, and 52 feet south of NYS Route 25 (Main Road). The new building will be 37 feet away from the main service building, and larger In floor area and height than the main service building. The new construction would provide additional dry space related to the applicant's auto body and paint spraying activities, and would increase productivity and efficiency, while having an economic benefit that would allow the business to continue with the increased costs of operations. The spray booth is a very large unit which takes up the floor area of at least one bay. The spray booth is a dry use and must be enclosed within a building, meeting strict standards for fire, emissions, OSHA, and other mandated requirements. The emissions will be about 99% covered, whereas recently it has been going up through the chimney and outdoors. The air will be drawn into a filtering system and converted into a solid compound, which will then be disposed of properly, as opposed to the present containment system. As the paint is sprayed, the air blows onto the floor and is filtered to keep the environments contained before going into the exhaust and outside. The applicant already purchased a new 1759 sq. ft. pre-cut, metal building to keep costs down and planned to move ahead with construction as soon as possible. In the interim the applicant placed a 900+- sq. ft. temporary, canvas structure (tent) to keep the business-related activities moving, while applying for permits to erect the now building. The 1759 square foot size of the now building, as requested by applicant, is a 72% increase of the existing total building floor area of 2,427+-square feet at the site now (1620, 597,80, 130 = 2427+- sq.It.), exclusive of the temporary portable tent area to be removed. The Building Inspector's Notice of Disapproval cites Section 100-241A pertaining to a now building proposed for a nonconforming use, citing the reason that an auto body shop is not a permitted use in this R-40 Residential Zone District, Under the circumstances and the fact that the existing business uses have continued for many years, the property does not qualify for a use variance under Section 100-241. The Board recognizes the difficulties created as a result of new insurance standards and laws, and addresses area variance relief under Section 100-243 of the Zoning Code, providing for floor area expansion for the applicant's nonconforming business. Zoning Code§100-243 reads as follows: A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved,except as set forth below, unless the use of such building Is changed to a conforming use. (1) Nonresidential uses: (a) Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing buildings or additional building on the promises,so long as said Increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction of a now and separate building or structure does not result In an Increase, in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot coverage.In addition,all other setback and area requirements shall apply. (b) Nothing In this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming use or construction of an addition to existing building(s) o' a ti2nal di building on the I remises. s Iona as said ingreass In size of the building(s) created by anlar ant of the p existIna buildillils or structures orb the construction of a now and separate building or structure d2gs not result in an increase in the overall building footprint(s) of more than 30% excp2t that said incroase shall not exceed, the aloplicable MRximum lot covarage gndall other setback and area r2qu irementsshal I apply,_pLovided that the following site remedlaUen Measures..in full or in part:,-as shall be de ermined by the PlannimBoard within its sole discretion. are Includad as an essential element of the aforesaid GxPansion- D1 Substantial enhancement of the overall site landscaplao and/or natural veaetation. L21 Employmont of bast visual nractices by uparadas to existing building facades andjor design of now buildings and/or the additions to.existing buildings which accurately or more accurately depict the historic andfor existing rural character of the Immediate and neathy noiahbarbogdLs). (emphasis underline added) AREA VARIANCE RELIEF: The applicant's request for a 72% Increase of floor area, or 1759 square feet of new building floor area, is very substantial in relation to non-permitted uses and the code's limitations on nonconforming uses in nonconforming buildings. The property does not qualify for a use variance under Section 100-241, based on the standards set in New Page 3 of 5 ZEIA File No. 5759—ROA and R. Bozsynaa CTM 102-3-1 York Town Law, and circumstances with the present and continuous uses at the site, by the applicant's business and by the tenant's business. This residentially-zoned parcel is occupied by established businesses and improved and maintained over the years as nonconforming uses, one building used continuously as a real estate office for many years. Under Section 100-243 of the Zoning Code, thirty (30%) percent limitation of the floor area is allowable based on the existing buildings containing a total building floor area of 2427+- square feet. A 30 percent increase under 100-243 would permit 728 additional square feet,for a total building floor area of 3155+-square feet by code. Granting alternate relief to permit modified building areas with an increase of 25% over the code limitation in Section 100-243, as a nonconforming automobile repair shop that has existed for many years, will not adversely affect the character of this otherwise residential. Granting an alternative for an additional 25% of the existing building floor area for enclosed work activities related only to the applicant's auto body paint/repair service behind the main building is substantial. The building addition, in lieu of a separate building, is more in conformity with the zoning requirements,without splitting the main business Into two buildings, and also will move the work done out of view of the public and safe for not only the employees but also for residents and others active in the neighborhood. It is noted that interior portions, previously occupied by one of the bays, in the main building(s), may be used for enclosed storage of parts and auto repair accessories. Storage areas are not required to be in a separate, new accessory building by insurance or other standards. Another option that may be considered would be to convert the second nonconforming use on the property occupied as a real estate sales office for storage and other minor business uses related to storage or areas related to the auto body repair business. The applicant does not wish to eliminate the real estate office rental for the reason that it would discontinue a rental income. In considering Section 100-243, it is further determined that: a) The alternative relief will result in a maximum lot coverage at less than the code limitation of 20%; b) The construction of an addition to the existing main building will result in an increase of 30% of the building footprint size of the main building,and less than 30%of the overall usage and building areas that exist; c) The alternative relief for increased floor area, as an addition to the main building, shall be designed to be in conformity with all setback and area requirements of the code. d) Proper screening will apply, with other provisions for parking and related site remediation measures, in full or in part,as an essential element of the aforesaid expansion as provided by Section 100-243. POSSIBLE REASONS: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings; 1. Grant of alternative relief, with a maximum increase of 25 percent over the code allowances under Section 100-243, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, and will be in more conformity with the code, as well as access, on-site circulation, setback and area requirements. The applicant is requesting 42% (30% plus 42%. or 72% overall), a substantial Increase, proposing an increased 1,759 square feet related to the existing nonconforming repair business use in a separate (third) building to be occupied. The alternative granted herein is more in conformity with the code than that requested by the applicant, although a variance under Section 100-243 at 25% over the code's 30% limitation is substantial, with a 65% overall allowance of increased floor area. Conditions are placed in this variance for adequate screening, and other provisions for parking and related site remediation measures, in full or in part, as an essential element of the aforesaid expansion as provided by Section 100-243. Conditions have been placed to mitigate areas of concern as it related to the increased floor area and changes at the site. The alternative variance will allow a substantial amount of increased floor area, assisting with applicant's goals for more productivity, safety, efficiency, and storage areas for the existing nonconforming auto body operations. 2. The benefit sought by the applicant cannot be achieved by some method before the Zoning Board of Appeals, feasible for the applicant to pursue, other than an area variance. The difficulties are unique inasmuch as the current business uses have been in existence since the district was rezoned as residential and the owner wishes to continue Page 4 of 5 ZErA File No.5759-ROA and R. Bozsynaa CTM 102-3-1 this use while complying with the regulations and standards related to safety, emission control, more productivity and efficiency, OSHA, Improvements,and other criteria as an auto body repair business. i 3. The relief granted herein s very substantial, resulting in a 30% increase of the existing building floor areas under Section 100-243, plus grant of an additional 25% increase, or 55% overall increase, without an increase the number of tenants or increase of the number of existing business uses on the property. 4. The difficulty is related to the standards and insurance regulations for one of the two existing nonconforming businesses, as a result of the re-zoning of the property in 1989 and current residential zoning limitations of the entire site,with nonconforming building locations. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions In the neighborhood. 6. Grant of alternative relief is the maximum the Board will approve at 25% over the 30% code allowance provided by 100-243. The alternative relief Is the minimum action necessary and adequate to enable the applicant to enjoy the benefit related to the nonconforming uses on the property, while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. Recommended Action/Conditions: RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under Now York Town Law 267-13, motion was offered by Chairwoman Oliva,seconded by Member Orlando,and duly carried,to DENY the application as applied for, and that under the circumstances and the fact that the existing business uses have continued for many years, the property does not qualify for a use variance under Section 100-241, and to GRANT Alternate Relief under Section 100-243, permitting a 25%increase of floor area to be added at the rear of the principal building occupied by the applicant's repair business,subject to the following conditions: 1) That adequate screening with 6 ft. (minimum height) evergreen or similar plantings shall be placed along the east, west, and south sides of the property, except that the northerly front yard shall remain open and unobstructed for v1sibIlity purposes related to the nearby street intersection, and except for handicap parking or alternative parking determined by the Planning Board under the site plan review process. 2) No automobiles for service or repairs shall be placed in front of the building along NYS Route 25 (a/k/a Main Road). 3) Used car sales as a principal nonconforming use is not permitted in this R-40 Residential Zone District. Two principal business uses already exist at the property, and no other use is permitted to continue,other than real estate office use and/or auto body paintfrepair service use. 4) In an R-40 Residential Zone District, only one use may be authorized on 40,000 square feet of land area. With the alternative relief granted herein, the floor area may be increased to a maximum of 25 percent for the existing nonconforming auto-body paint/repair business, with continued use of the real estate office business use,without an additional third use (business or residential). No outdoor display or sales of used cars is permitted as a principal nonconforming use. 5) Prior to change or transfer of a nonconforming business use of the building(s)or property,the owner must apply to the Zoning Board of Appeals for transfer of this alternative relief for occupancy of the future nonconforming activities. 6) The temporary tent-type structure shall be removed within 18 months of this determination. 7)The Zoning Board of Appeals reserves the right to inspect the property for the purposes of Page 5 of 5 ZE;A File No.5759-RQA and R.Bozsynao CTM 102-3-1 compliance with the above conditions and review of screening. 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 Oliva(Chairwoman), Orlando,Goehringer, Dinizio,and Simon. This Resolution was adopted by unanimous vote(5-0). LL Ruth D.Oliva,Chalrwoman--1 05 Approved for Filing � o , r}�v v " vF , y i BMW k ANN* F All y ;b jj'CC I OFS0.h P.%Cl AL a ys� i Y tl�� ++F , 1' 4 I 1 Y� + I 1 _ a u VVY .,I Y e F e • +ter -� yy �� r � � ," -°Fr�' � ++ '`'—' � '�+ �`'� �- � y■�rs� — _ u �f� YET_ 477 ip ON IL fir' - •�� � .` '+ h � a,- � # .°p, e p • of° �/' ' - - ir OIL t de J 4v - i A r r' Jr. 41, i k � r lk� IL bi �. >r a it a d.`tjrt+w.�P w �'' �.Y' •. _ _ ,+• - � y z r- -- F�.t T•�+�. '+ i r��- .ate .. • .+} �,_. a M•. .~ �ek+ a+- n� tea.�.„s'� i,. ._+< ' •« .{a ��_•�*4 r -i _ _ - - _ c,r c- + - _ •, e h r _` �--•••� �.,.er=,.r��+ a _. � 3, rF ��a'� ..� "y,,_-� +. -°+ ,y--,�FtiJ a a, _- �� �+ •" '_ f� �� b Ilk � * �,_._ail 4 y r+'W T. � -°.�a M1'r �� ,�J• .- -� �• f ', ,''' - L�. � F•�'�'r=;F�' a r �_•�-�! - } •�� _. _. �'� -. � -:_ �'�� ,+' °-®1 a '9 r!' +rim -=_� r vs� - • . : 0 ."�y f+ - ' , -- "+•.•.. ' t r +� ,F *_a-'x '' y- 4 �'` -� �.aF-;�•l.pia i°��+• - y •r ti ~,.', -a _+' � � - 1. Al, ,r F tr. -.a-S�M�•F r•' �.� +.r• ,•i:� + ^'/ +*�''!1..'t-M�-..N`"�+ j .. �a. �-. _ +' al• - ,•'• _ �. ` r� - F,:+=' :.� r 'r° `� �.'F f L�� �� ,�'#• 'r `� -.. ��r ' :- as � ,r � r a • � L�°, ' •si �T-,�. '-v. .:.: ,. -�,1 elrp-a� i. '�Y°1� � � ��a s - ' ••a .- '�+� \~ ti� +�,a- , . " : r a a•r, f 4 -_ a_ �'v J# ��•�..F 1 y':^+rLz._ n. , A { r'ate " 1� .. r s oF FOR. .may " a ��,• .. �,f,• �.:°' �F ,�9f. +,r - �,.. + _ _ a ,1 _ ° , 9 'r F r �'```a a '� r"— r '!'o- _ r,� '" r y. •� _ r �_ ,r r"',y_ '' •:� M � � t 'Rp Aw .$ r 3 9a- • ,;..it r .f' Y _ {"P L •} f r .�% s ~ �y,L 9 5'�i[y. p`� •y . w • +a-- .a•�. i)r• J 5... `' •. • ma`s � #'r t.. y _ - �' a a as- : . _ +� +k -'� a -' ,j a•aL� -1i��6 t,+�' �` •'••"1�,-1� � a z r _ r_ F .._. .. }siy • �i F.}'L :_d •I^S' .` i'• � Y� �� � - � r s r•.. � a� �ai.=Rw,�"7',� •F ..- . f"�?_ r °�`r_'}�� 4 r� a rr .� n +.f � -r 'S• �x �e:�'rca� . • �� ,R��.a•'' {Ly.r ti_ar _}• r�R'Fei ,,_,-.;Va f..ay �_ y.+'.I r•' �. '�: +_•���., "�� �AI�" t �I. ° - a_ a _ +` _ Ir y - _ � `• r,r, pi Id • ,''•f -,�.r. l _ tea_ ,• -a .,d-r-t r •"` " ' •�' -_ u } #µ t Mir- / , •' _a J�a _ a a _~ N rt °••- L • :•; s,x ! • Vice "• ' qy.. ,9, ��^.• ''• ,r a Iw A— .� " im _ ,�' � {for . '. • .� . , , � � e. a ., * �1 'w ��� 9 ,.a 5 Ak -I i ' ,� F '' a a do b e iib re +. }10 {e� T I1 , a ti _y 4 A 'ul � _ � F .. �# 1 �* lu��may,- _� �r . _ •- 'y'� -, � "#�„ � e.T `•xr � '1 1 y Lyg e Mlih JF 77ii i e �..ir. y e _ e` +'ZO� • d ,� a's• r /�y i -�� s +�i�!I. � _- , !y ' �;�-'� % + jr y .S Y F _ ""Y e� el s'r e!! 'w. _•."`1'a ti".. .- +,+ - ', 1 z1Jt4�' !•_, ' - „ ti4• #• i wo "t.I..— aa:.tia � � ,!��y�� '.T �� �r M1 -s.. L _ — ._ � '�'" .`r_.� `_ a`'..-.++ �-... a•,.��� ',. �"; ��r- "' � '"` - +° �,- o e s : _ A ¢ 'ice.. .. • -. y. a i _ �`� a ,�� __ dr Ilk R R' eo ,�' ' -S e ' s• i�reF'cf',, R ei-'f �,w' .�. - - r " ° �• n, •rt-Fr dam• x9F Ar " _r Ir lit— PIZ - 1 L L� a n • e `+•-'�, °fie 1 1d A"T- �., �'�v,1° � 3 -1,a 1' . e ! �r*' _ e�'1.�`�,`L , J F e R f_ '� 7a- ' ,. . _I_�I _ - ire' "' ,. yF a ,..g• k,4 � Pe e ram;• r } _ `awe � � �. a, w. �y+_ _ .°. �.` - ��� �� ��s '•,- - '+< .z .*� ,. a M1 .",• ' a �.�• �'*'r �7K- a .' ...t' ~,,� �'!i, - ■. "�,.. � L iay�fiR, etcF of ,r �T``I�. � °,.- *•�.. °. '" - r - ��a ', ; `lr�'+�"y�_Y•,��_° '�,�y" N _y `_ �a�'r _ _ • , s a� ,',e a _,? ,. e. �.• _.. L �_ • �1 I IF �, xU -� � •'JLF ''•° "ems �+ ��_.. _.. or �i e i rlf.i�.,, � "�, � -.. ���•� � •* ���+.,Y• �r - '-Ji•+:: s •r,±'°�r. +f' # "� '° iil - - yn •'. V -tea W. ..q, d ,.- .r• , - _ �±± a.� � e �.�e.`+ �' #e � � �4''*p r � a :..a9ti-r • ! i r ■ • ''ti.,...-�19r' y'.� : �-' �-, a: * f ,:w �- as� .+. a _ ±r y�- p�. #y b "� •p : - .J. �b , 4^�i� u 1, •'- �,a i. 1' c ^ei a Di,y,f 1 T 1 ti p' - � e, is di ik dye t'L X _ • IL F e • _ 1,•`R�-f aK_ .i �'y i..i� -dr a a' 4 a• a p a e` —� .� J$• a. r. J p ' a 1 J-z. a .. 'La "• s._ , . +•xi 4' i _ t • s 3 •.i j�y T . _. r s �1 � a r er alb � � � —•� { �� rN•'.'..r,! T 1 _! _4• a..9 • 'e. ' u''qF• e7'a s' ~ ,,:�J ` ""�' a; - r } , •.,fir�• ' :—' _ - � �..s '" - - ,. - �:*.�.•�.�p .' e � ... � Lps y •�� a ,. �de 'k, - . r r * 93L y—%% � { as a• a T v At d •` i 1 e 1 - _ '• .,-ra.f' _ a -l' P J .. - i ,, _ i'• 41PL �, _ •-•-� �" g , _ � „�vii e,e P• a r] '"� � E eg" �!Mrf e 1 A e• fir, r,z a dp WO- i e p+ 4 v IF L RM or Milb y t w i ._ •� .y,•1-'�, `-,�•+: *'•-` ,..�r.� � � -_ � {� , ate!•_,. �' i •y eeeer a s.-'+tee _ ..}, ± / , ;... ,+ • p `a r.41L ° i jN ,'- �•,,.�� �'—fir-' `.• M� r. �T `p �_�r� `...� •�... .'7`�. ±. .•� p4+- r' a�.�,� - Y r - at �e "' a�- • 1 J h• � D y , t t tj F F � �..,� �..phi.�I' *s F'�°` 1.• 1 .. 0 I , R �• I I s _ y of�r"-'" all °°.° ^•; �char � �_. } �.� `. .` � _ � a- .�-d ..,�.•• .�� k JF, _ + T ��'+��r{.. � a a,a .� �.e..- ,t"�Y� - - ��.� ��•� �. _f- r r y r a ,. _ 7-r A` ' '.. , Rom. = ` a- a *y ram., SO a h •' � %+� „- - -i•�.a_,�, -�y�_�... �_'4�" - ae- �:y `� 1'F.i r__ �� ._,c � �'.. a�� .. _ -,r-._. L ' - a-v't..,*+s a.� -..�r e -Fr �... _ �v ��4 �+ �_ � � er�'~ h...{, � �e•�-w'5.�, ' va-��+��a+F i4 .... �` r _ +'�..w. - r�- d--`s '�°}� F{Ar �ik,�` y,• - �•"s a ° _, - + ,sy, -r- Y :�' - yaF.r A. Ile v � ;-_- W .---, 1-.'��, y `.. _r :•+,, a4�Y'e �tf Td, �+'_h•�i.."�,f. 1, °tip° - v end- ° }.-. p..':-h -A^- '- r���. '•1 ...���__ w���'.�F. _ / tom.. "�'�'�•. �'r +�',� - ��� `t- °3' .ti "F- : -- �.,.-s �;"°��"'i'_ ? .•��-•� �i°+,..�=r-�� 'yr `ti f _ '<•r. _ ' .e�� -{• _ �-_ yr`° - f',.a�' _ _ _ _ _ R' ��'�_a yl... OF— +..,e-�.t•-�..����..�'�" --'+y° � •° r�� r �7+., r__°� � r� �-`."^a. _ `�'a t5 Tr+*��°L_'.-+ __ _ _ 4 ••#�,�� _,•, '�fv I 'Jr- :� ''--�� y F ;r r mod*°y�'��, �,_ y' #lh1i�y.��y 'h'* - _°� r..-,d e'• -.?. ip �d .sue,'-T•' a-- t "� t #r�-.a A• I#,•'+ rf owe �' ,•., - - f'v1 f'i - dam° gd 14, a t •S,-k �'• i�•_ a ,y ,•nKF .. .rt '*, + sir _�^ - ,�. r- +., t Y F y` ZL smomplom x - _ a i -p r, �...•� . _ .,.ITS - �'� 17 �'�I'_ ,.a _�ti '.-a •� sue•-�;+:� ,__ z r. _+i e.r.•g.,��.- .+,�... �.�;� _?�/ - - .. '°� �"_�d'j l��F,°'�i`„ ' -�...f +�,. ., �..� •.„ y.a•�I Y~ Y.r '-�. .+.��•� �..yY_e.,' r _ - � r � via_F' }r -• _ � °t'r^�°�-�. _ ��_,�__ ,.. r- _ _,--s -'„1�ae: �.•�°. `•a. r •°�, Ufa ,i+_ 3 _ m�� _ T--. _ �."•ram-_ - - _-- +�`•� ..�'" _ w- .��.� - _ ! �+ p'� .T LL `_� .,�1 � - _ �'�'- - - ry:.'- .. �. a y,� s. YL:•._ a- �',..�^ _ ^'^, - i. - ^ - Fes}° �� o°., ��._'_, ,�,�.+,��-, •_ ��.#'„�. :_�� v, � `r�.. •�.� - _.. �`'��._ - .°� d"� '..i � .._ _ ,t'�� �. 1 - - � a Art Zrai _ '° ...i,•i .'`.-- .v,�_ -#._.- F !}.. ,� .q '; +• T.•:y°,. v _ _ -_, . _ fie_, . - _- v.• .. _ •�c r' - w _ _ of _ r _ i �.+.- _ .- r _ - "*-yam ° _ } _ _ _ _yam= ,'1 - T , a. , r .._ .•�, ate• .�—_ ° _�_ .�' - s��. � a . 41 -- �r TM1 4 q ,y F _ Fe r ' r a'lop j b t ti } lir >r +' _.�••.,. ram' . :,�d _ *tit.:jaw _ k •�.�yy�r r� -.�+-• `,���- : , •vim._ •���p r ,� ���_ -- `��� °`jam Y.._. �•.", aNa . w-�4• _. -J"� � � }� • ��a �g '�.• -...,� �._..+.� c • �i� n� '- ARE �,.' rti ,. F , + -�.•. r!, �•_, y. _ " �,. '�.}�_:.:r�. Y_ 3 _-.����� . �-''r• "ask t,� .. �d ��FFr�� '#.� �� - �t1F������'+.� � --. ,ati z e- - °z`t a, �. � *� e{:+ .;,ism•�. '}.JF� � .ate���� �• �-_- � •yJ�� d � _•�c v � �� ,#P � � _�� ..,{_-` '��° _ wpr r " �"' •` _T•,ll-' ' � P T ^ per ��µ' � i. � �� e _ _ �. y�~�.'A _ a ram'� a 'a`_•.+`•� ��•�.. o " a { �•, _ �•°°h-,��_•�+5."����°� �"+ ,�+ � '� ' `�'-.,yam �+aka'~��-ti � 'v'`-� '��" ,�•.'.�-'~�r- • r!1_ '�. t - � a J 3 `•� - - ..YAK' +f "�- �} �Fy -F.- a � _ - s .. _.p ..' ,... MP : �.yp dod • T4 �'�.+ u _- -" , .'' Syr.. i .. �,r — •f_. .r M AMP Opel , 4 -Y. a _ y�L�� M�a �q n _ ... a r r d� � ���a�*__. r _ _ ,fir �f, ��_. _f .. - v � •. ,y s Arm + p1+ v ,p ,_ n i �- ��- Ufa -- 3'�.���,,lli�° or •. I + IF s:. .e� �A�T v s - om 'f4 EP i -T Pli - dIMIIF- 1 qL rr' , Jilp a e a � i , • e • �� may. -_ _ .,. ..... F! 9.3 ° � !'� �z�{ r '�. �>�F - '�- .. na • -n n- s _F �r r T ' 05 i- �� I, n:t: IF r. 'r y TOWN OF SOUTHOLD -- BUILDING DEPARTIVIENT = Town Mail Annex 54375 IVlain Road P. 0. Box 1179 Southold. NY 11971 ' 'L� r� �^ ►+' �- t)� I,a b�l 765-9502 hiws: tii C 0 ����.: ttl l l� , Te lephorzc (ba 1 ) 76 1 _ { FILE C-OPY Date Received APPLiCATjON FOR BUILDING PERMI J For Office Use Only 3 PERMIT NO. -i+ T Building lnspecto. Applications and forms must be filled out in their entirety.Incomplete applications will not be accepted. where the Applicant is not the owner,an Owner's Authorization form(Page 2)shall be completed. Date: October 22, 2025 OWNER(S) OF PROPERTY: Name: RQA PROPERTIES, LLC SCTM # 1000- 102-3-1 Project Address: 29550 MAIN ROAD, CUTCHOG U E Phone #: 631-734-7868 Email: -7/` , 1� �0Cl Mailing Address: &,) 3A*11 /IC13),�) LCONTACT PERSON: Name: MARTIN FI N N EGAN, ESQ Mailing Address: POB 1452, MATTITUCK, NY 11952 Phone#: 631-315-6070 Email: mfinnegan @ northfork.law DESIGN PROFESSIONAL INFORMATION: _ a i Name: MARK SCHWARTZ Mailing Address: POB 933, CUTCHOGUE, NY 11935 Phone#: 631-734-41 g5 Email: mksarchitect@optonline.net CONTRACTOR INFORMATION: Name: tbd Mailing Address: Phone #: Email- DESCRIPTION OF PROPOSED CONSTRUCTION New Structure OAddition EAlteration ❑Repair DDemolition Estimated Cost of Project: 510ther As-,built accessory structure $ Will the lot be re-graded? El Yes m-gNo Will excess fill be removed from premises? Eyes No 1 4 P"ROP E"Y INFORMATION Existing use of property: Auto Body Repair Intended use of property: same Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to R-40 this property? ❑Yes 9No IF YES, PROVIDE A COPY. Check Box After Reading: The owrner/ccntsa ar/&d clan prafes,slarml Is msparolbteforall drainageatid.starm.vjaftr.isiuiFas.ap fed by Chapter 236 af.the Town Coder A PPUCATIQN.K HEREBY MADE to the Rtiltdi .Depaitment for the Essuartaa ofe-gulldi �' P�. a�itta' eAulidittg tie OrrdIna of-' e_TownYafSouthaid,Soli 'u 'i I ar r 1drk anal- a ap i ca C ,or titt�i o [��a #.fiartho l i ru � In a ddid aitera 0rW 0 far re movai.Q r i olfol�as hiaro1 oiewlWd Oi , 1 v i,apt l � d En es. ui� jn. Rre r a, 1 housinz c+ ft:an4!re'8 l.ansand to adm a �' d inspgtars*q;prontm�nd'I ibuildtfig(s).fbr.rtecessa lnspo (a .'dal �_ t� � ��e���'�3�� p u n sfta,bf6 a s a- A m e ea Rae.p rit,t,' #lon At of.thii.NdW Y4* _ tat _pbh a: taW. MARTIN I'=1�N ELAN Application Submitted By(print name): RAuthorized Agent ❑Owner Signature of Applicant: Date: 1012312OZ S STATE OF NEW YORK) S : COU NTY O F &r(6Z MARTIN FINlV EGAiV being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, {She is the AG ENT/ATFO RN EY (Contractor,Agent,Corporate Officer,etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his/her knowledge and belief;and that the work will be performed in the manner set forth in the application file therewith. Sworn before me this 1 � - r J 1--D.� day of 20 76 Notary Public ANNALISE OUELLETTE NOTARY PUBLIC-STATE OF NEW YORK PROPERTY OWNER AUTHORIZATION No.01OUsaosas7 (where the applicant oualified in Suffolk County �p is not the owner) My commission Expires 09-28-2028 10 residing at do hereby authorize _ _ _ _ to apply on my behalf to the Town of Southold Building Department for approval as described herein. Owner's Signature Date Print Owner's Name 2 BuildingUeoartment AnDI'ecation AUTHORIZATION (Where the Applicant is not the Owner) RICHARD BOZNYAK, MEMBER OF with an at � RQA PROPERTIES LLC 29550 MAIN ROAD, PO BOX 3201 (Print property owner s name) (Mailing Address) CUTCHOGUE, NY 11935 do hereby authorize MARTIN D. FINNEGAN (Agent) & FINNEGAN LAW, P.C. to apply on my behalf to the Southold Building Department. 64t 10/23/2025 (Ownerm Signature) (Date) RQA PROPERTIES LLC By: Richard Boznyak, Member (Print Ownerm Name) e a SURVEY OF PROPERTY AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. sr�ao--3oa—o9--0� SCAL& s•=20' ,,"Y 6, 2010 AIA Y 22 2018 p OCMAER 6,2025 4h Id 97 . ' 00, 0 Mom lrj gim �Q 14 KEY s RtSAR �. KX .►STAKE 9 JEST Har 14 • `PEPE i �AlaMlltlitE7V T •NETZAAtD"C }. !lmJyy PUE N.Y.S LIC. Na 05 1J2—Of ANYun AMN 0?AMPOV TO 00 SLOWYrS A wounow cry- FECONIC �Ct-RJ7n r SOLU77 S SrCHM 72OW nFACv mar SrATr=JrAVQN LAW amopr AS �SEC04W z Au cW�Fl=eau AIFEAa37,421 SO.Ff. Phon (8J,�ss9--9174 ARE yu��IM KW AAD Gt�11,�74 W d+a,Y F SAO MAP Fr++eil: pecoricics�rrna:l.tarr: s�orrA rr. AV�i�R W s ��'�'� '�� P.p. 80X 128 RIWPHEAD N.Y. 11901 ��"� OFFICE LOCATION: MAILING ADDRESS Town Hall Annex P.O. Box 1179 54375 State Route 25 ; Southold,NY 1.1971 (cor.Main Rd.&Youngs Ave.) Telephone: 631-765-1938 Southold,NY ' ° www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: November 12, 2025 Re: check Please deposit the attached check into B691: Deferred Revenue. Fee is for a Site Plan Application not yet accepted by the Planning Board. Applicant/Project Name & Type Tax Map # Amount Check Date/No. Rich's Auto BodyAmended Site Plan 1 .- -1 $347.2011/10/2025 02 3 #1584 CEW Att. Presubmission Materials AV\oo( BOARD MEMBERS � � Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Off Eric Dantes �` ige�locatio : Town Annex/First Floor Robert Lehnert, Jr. Nicholas Planamento 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtownny.gov RECEIVED FhECEIVED ZONING BOARD OF APPEALfl'C� TOWN OF SOUTHOLD AUG 2023 Tel. (631) 765-1809 �w n 0 � �r�� .. ..._ Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 3, 2023 ZBA FILE: #7800 NAME OF APPLICANT: RQA Properties, LLC PROPERTY LOCATION: 29950 Main Road, Cutchogue, NY SCTM: 1000-102-3-1 1(71t.A QE[I'I ^lfk lmION.: 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 further steps under SEQRA. S,VEEQLK CQIINTY ADMINISTRATIVE COD„E: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 7, 2023, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP,D,ETEIWINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. 1 f) 1 J OF SOI I 1 l.lO Q Pl ANNINQ E ;AwRf ;v The application was referred to the Town of Southold Planning Board for comment who issued its replies dated July 18, 2023 and July 25, 2023 indicating that this site and the submitted 'as-built' plan do not comply with the site plan that was approved by the Planning Board in 2006. Subsequent to the ZBA decision #5759 issued in 2005, the Planning Board approved a site plan in 2006 for the construction of a 1,759 square feet auto repair shop and associated site improvements including but not limited to vehicle circulation including a driveway to Route 25, parking stalls, drainage and landscaping with the ZBA imposed condition 46 of the removal of a 'temporary' portable building(tent, subject of this application). Based on historical aerial photographs, it appears that a 1,157 square feet addition was added on to 'existing building #2' approved in 2006 without proper pen-nits between 2015 and 2016. The subject site and the submitted as-built plan is not in compliance with the approved 2006 site plan. Also, there are inaccurate dimensions for building setbacks shown on the as-built plan provided; and the as-built site plan creates the following concerns: i. "Existing Building 92” was approved at 1,759 square feet and is currently +/-2,916 square feet. Because of this increase in building area, the aisle width behind the nearby parking stalls no longer meets the Town Code requirement. There may be the potential to decrease the number of approved/striped parking stalls on the site and allow for Code compliant aisle width to maintain safe Page 2, August 3,2023 47800, RQA Properties, LLC SCTM No. 1000-102-3-1 site circulation. This could potentially be achieved through an amended site plan application review by the Planning Board. it. The front parking stalls and the access driveway to the south have been modified since the approved plan and are not compliant with the Town Code. Similar to the rear parking, these front-parking stalls may be able to be reconfigured to meet Town Code through the amended site plan process. This particular parcel is located on NY State Route 25; however, it is also adjacent to multiple residential properties. The land Use and Zoning Chapter (Goal 7) and the Economic Development Chapter of the Southold Town Comprehensive Phan encourage the growth of existing business while balancing, economic prosperity with maintaining a high duality of life,the environment andthe unique character of the communities. Absent any nuisance noise, odor or traffic complaints from the neighborhood, this business appears to be consistent with the Comprehensive Plan by achieving that balance. Rf.I U 'fit^"' E ,C.'l;'lE5 RIPTION: The su Ject, nn-conforming, rectangular-shaped, 37,421 square f eet, .86 acre parcel located in the l -40 Residential Zon'n District t8g Main also known as, State Route 25 then runs south 200 feet along Fleet Neck Road (also known as Pe uashAvenue) their rrcns west 202.64 feet(202.67 feet per deed)along a residentially developed lot then runs north 174,8 ( p' ) . �� feet, 17.5 feet per deed) back to the roadway along a second residentially developed lot. TFre property is developed with a one-story wood frame building (office), a one-story concrete block and brick building with a metal and frame building attached by `breezeway', a portable building on concrete slab, a meta shed, a metal trailer shed, a. smaller portable building can concrete slab, a small wood frame shed and a small metal shed, substantial asphalt parking and driveways, RCA (recycled concrete aggregate) parking areas, extensive stockage fencing around the perimeter of the property and two wood signs as shown on the survey prepared by John T. Metzger, Licensed Land Surveyor,and dated May 22, 2018. t a,l )_( 6'C'I [(,_"y1l(,)N: Request for Variances from Article XXIII, Section 280-123A and the Building I an ) I built" Inspector's and accessory 0structures at anexisting auto body crcp�air�busineP to A n nrc,onfornfln gc building containing a nonconforming use shall not be enlarged,or structurally altered or moved. unless the use of such building is changed to a conforming use; 2) "as built" improvements results in increase in floor area greater than prior alternative relief that was previously granted in ZBA File No. 5759 dated December 27, 2005; located at: 29950 Main Road, Cutchogue, NY. SCTM No. 1000-102-3-1, nd including; a.Metal shed measuring 9. feapplicant by 12 feet, ,aarwoodsf wood-frame legalize shed measuring temporary 8.2 feet by 12 1 feet, aaportable�` Rf 1 11 I RI 1I.11 S I 1 1 : The gin° � 8fi„etla l2fect ine�asr g r 2 feet, a tneat�al trailer stied measuring 26.5 feet by 8 feet and larger tcm orar building concrete shah rrcrr 23 feet � y .. et, . . .c�the «�as � � I � et. by dcrrg on c,aarac.rc.t. � y Gl 24 feet b �18,2yfee� ��rC"pot-table"previously measuring (see ZBA�f lel 5759) addition which ginally„' add36 fe ry g 25 feet sand to Ce cirri °18,2 f et allowing a 2.5 a ncrease of ear area I'he application illustrates that irequest measured approval�ofthe as air �. that in tlrc.re tacst fe� built' addition to the principal building, a yield of an overall increase of 65.8% over the relief granted in ZBA file #5759 will be established. ADDI.'(;IONA fNlw(;) I If C”., The applicant is the beneficiary of several Zoning Board of Appeals variances: #856 dated 1966 H1964 dated 1971 91983 dated 1974 #2384 dated 1978 93907 dated 1990 95759 dated 2005 Zoning at the subject parcel was changed from B-1 Business to R40 Residential in 1989 while the applicant (now owner) was a tenant on the property, and the continuous use of the site, commercially is well established and known he community community. complaints effects tneighborhood ty inn general. The applicant's property is well screened and maintained ywith low site traffic, no obnoxious or the odors and little impact on the neighborhood. Page 3, August 3,2023 #7800, RQA Properties, LLC SCTM No. 1000-102-3-1 The applicant provided a site plan, labeled S-1; a floor plan, labeled A-1, and a floor plan/image of the larger tent on slab, labeled A-2 prepared by Mark Kevin Schwartz, Registered Architect and dated March 9, 2023. The applicant states that total lot coverage calculation for tile subject parcel is 7,009,7 square feet or 18,6% lot coverage where 201.146 lot coverage is the rnaxiMUrn allowed by Code, The applicant also provided a statement titled: Zoning Board History with the Property, which outlines the applicant's opinion that the property, was originally a Esso gas station, pre 1957 with a detailed description of all uses and Board relief granted, through the change of Zone, to the present use as air automotive repair; shop as granted in ZBA file #5759 which allowed for the non- conforming use expansion of the principal building,by 25%with various conditions, including#6,the removal of the larger 'temporary' structure. The applicant has area open building permit, 4Z-33782,dated June 17, 2009, for which they now seek a Certificate of Occupancy, along with the recognition and legalization of the various additional improvements not included in the site plan as approved by the Town of Southold Planning Board. During the Public [Dearing the applicant acknowledged that they extended the garage building without the benefit of a building pernl it and in direct conflict with the ZBA reliet'granted in file 45759,and also in conflict with the Planning Board Approved site plan, of 2006. While not a tormally amended application, the applicant stated that they, will remove the five smaller shed/storage trailers. They(lid not indicate whether or,not they would be willing to remove the larger 'portable' tent on concrete slab, which was conditioned to be removed under the prior Boards decision in 2005. No member of the public or an Immediate neighbor spoke in favor of or against this application. S Q6,( F FAC lV_RIA ONS FO,R,,BO RD ACT1W The Zoning 13oard of'Appeals held a public hearing on this application Oil July 6 at which time written and oral tr evidence were presented, Based upon all testimony, documentation, personai inspection ofthe property and surrounding neighborhood, and other-evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: I 1. Town La", Vb),(a Grant ofthe variance to allow p aiauoveral I inrease of 65%overthe grantedincrease of 25'%, willnot roduce an undesirable change ain the character of' the neighborhood or a detriment to nearby properties as the site is well screened with mature landscaping, conditioned in the prior relief granted arid the site plan approved by the planning Board in the prior appeal. Furthermore, extensive fencing exists which further shields the site from area residences,the roadway and passersby. Grant of relief to allow the larger 'tent' portable structure on concrete slab to remain will however be a detriment to tile community and adversely alter the character ofthe neighborhood and nearby properties. This teinporary structure Was previously conditioned to be removed in ZBA file 95759 and is also supported by the approved site plan, as sanctioned by, the 'Fown ofSoutbold Planning Board in 2006. 2, Town Law V67-b%3Ah)(2h. 'the benefit souglit by the applicant can be achieved by sonic inethod, feasible lor, the applicant to PUt-SUe, rather thart an area variance, The applicant call comply with the previous relief granted in ZBA tile 95759 and in the approved site plan by tis Townrof Sohold Planning Board and maintain a functioningbusiness. All contained in an as built addition that is gter than the original ft)otprint of the principal building, while removing multiple sheds/trailers and the large *tent' portable structure on concrete slab. The variances granted herein are mathematically substantial, representing 65% greater relief from the code than the prior 259Xrelief from the code, granted in 2005. However, it would be all unnecessary hardship to require the applicant to remove tire 24 feet by 48.2 feet addition to the masonry structure Page 4,August 3,2023 47800, RQA Properties, LLC SCTIVI No. 1000-102-3-1 previously granted, iii light of no adverse conditions discovered as part of this application. Relative to maintaining the large 'tent' portable structure on concrete slab, it would be 100% relief from the code as this structure was conditioned to be removed frons the site as part of reliefgranted in ZBA file#5759 and the Town Of'SOUthOld approved site plan of 2006. 4. Town 1,aw U67-b(3)(b)(4). Evidence has been SUbM itted to Suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and seek approval from the Town of Southold Planning Board for an u pdatedlarn ended site plan, correcting parking and on-site circulation problems discovered as part of this application. 5. The difficulty, has been self-created. The applicant publicly stated that they made site improvements without the benefit of a building permit and in contravention of the relief granted in ZBA file #5759 and the 2006 Town of Southold approved site plan. I"urtherniore, the applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the tame of purchase. 6. Town 1,aw '267-b. Grant of the requested relief`' maintaining the 'as built' masonry addition to the auto repair shop, measuring 24, feet by 48,2 feet, is the rninirnum action necessary and adequate to enable the applicant to enjoy the benefit of an expanded, non-confortning business use in the R40 Residential Zoning District, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. (irant of the reClUested relief relative to rnaintaining the large 'tent' portable structure on concrete slab is not the minifflUni action necessar -ie applicant to enjo) it of an expanded, non-conforming business use in y and adequate to enable d y the bener the R40 Residential Zoning District,while preserving and protecting the character of the neighborhood sand the health, safety and welfare of the Community. MEWLITTIPNLQF_THL_BOARD: Page 5, August 3,2023 47800, RQA Properties, LLC SCTM No. 1000-102-3-1 4. The applicant shall remove the five (5) smaller sheds/trailers, prior to the issuance of the building permit for the `as-built' addition to the auto repair shop, as verified by a member of the Zoning Board of Appeals. 5. The applicant shall remove the wooden sign located on the western side of the property, along Main Road, prior to the issuance of the building permit for the `as-built' addition to the auto repair shop, as verified by a member of the Zoning Board of Appeals. 6. The applicant must receive Site Plan Approval by the Town of Southold Planning Board. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of occupancy, when issued. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. IMPORTANT LIMI"I'S ON 'HIE APPROVAI, S GRAN' "E D HEREIN Please Read Careful! Any deviation from the survey, site plan andlor architectural drawings cited in this decision, or work exceeding the scope of the relief granted herein, will result in delays andlor ca possible denial by the Building Department Of a building permit and/or the issuance of a Stop Work Order, and mqy requ'irer a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings,site plan and/or survey cited above, such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,setbacks and other features as are expressly addressed in this action. TIME LIMITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. IT IS'I"IIE PROPERTY OWNER'S R.E.SPONSIBI:LITY TO ENSURE COMPLIANCE WI"I H THE E CODE: REWIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Lehnerl, arid Plartamenlu (4-0) (Member Acampora Absent). . t t`, y Leslie Kanes Weisman, Chairperson M Approved for filing ;` / �-z /2023 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ' �" P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals (ZBA) Cc: Julie McGivney, Assistant Town Attorney From: Donald J. Wilcenski, Planning Board Chairman Members of the Planning Board Date: July 25, 2023 Re: ZBA#7800, RQA Properties, LLC 29950 NYS Route 25, Cutchogue SCTM#1000-102.-3-1 The Planning Board has reviewed your request for comments regarding the above-referenced application and provides the following for your consideration. This site and the submitted as- built plan do not comply with the site plan that was approved by the Planning Board in 2006. An amended site plan review by the Planning Board is recommended if the ZBA's decision results in the site remaining noncompliant with the 2006 site plan. Subsequent to the ZBA decision#5759 issued in 2005, the Planning Board approved a site plan in 2006 for the construction of a 1,759 sq. ft. auto repair shop and associated site improvements including but not limited to vehicle circulation including a driveway to Rt. 25, parking stalls, drainage and landscaping. In 2009, the Planning Board sent a letter to the owner (Richard Bozsnyak) in response to a request for Certificate of Occupancy (CO). This letter acknowledged certain as-built changes made during construction and stated that the site was satisfactory with exception of the temporary structure (tent) required to be removed as noted on the approved site plan in connection to a condition of ZBA decision#5759. Though the owner mentioned that this structure is an asset to the business and alleviates any potential impact the operation may have on the surrounding properties, it was advised in this letter that the request to maintain the structure is under the purview of the ZBA. Based on historical aerial photographs, it appears that a 1,157 sq. ft. addition was added on to "existing building #2" (approved in 2006)without proper permits between 2015 and 2016. The subject site and the submitted as-built plan is not in compliance with the approved 2006 site plan. Also, there are inaccurate dimensions for building setbacks shown on the as-built plan provided; and the as-built site plan creates the following concerns: i. "Existing Building#2" was approved at 1,759 sq. ft, and is currently±2,916 sq. ft. Because of this increase in building area,the aisle width behind the parking stalls near there no longer meet the Town Code requirement. There may be the potential to decrease the number of approved/striped parking stalls on site and allow for code compliant aisle width to maintain safe site circulation. This could potentially be achieved through an amended site plan application review by the Planning Board. ii. The front parking stalls and the access driveway to the south have been modified since the approved plan and are not compliant with the Town Code. Similar to the rear parking, these front-parking stalls may be able to be reconfigured to meet Town Code through the amended site plan process. This particular parcel is located on State Route 25, however it is also adjacent to multiple residential properties. The Land Use and Zoning Chapter (Goal 7) and the Economic Development Chapter of the Southold Town Comprehensive Plan encourage the growth of existing businesses while balancing economic prosperity with maintaining a high quality of life, the environment and the unique character of the communities. Absent any nuisance noise, odor or traffic complaints from the neighborhood, this business appears to be consistent with the Comprehensive Plan by achieving that balance. If you have any questions or require additional information, please do not hesitate to contact the Planning Office. 1yage 12 BOARD MEMBERS ` � � Southold Town Hall Leslie Kanes Weisman, Chairperson ` "t 53095 Main Road•P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS � . � TOWN OF SOUTHOLD Tel. (631) 765-1809 �RECEIVED ... ....... ., MEMO A�:�IR 0 5 2i0 TO: Planning Board PlaruruiBoard FROM: Leslie K. Weisman, ZBA Chairperson DATE: March 31, 2023 SUBJECT: Request for Comments ZBA # 7800 RQA Properties, LLC The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, and 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: RQA Properties, LLC Tax # Zone District: 102-3-1 ZBA #: 7800 Hearing Date: July 6, 2023 Code Section: Art XXIII Sec 280-127, 280-123(A) Date of Stamped Site Plan : 3/9/2023 Pre ares of Survey Mark Schwartz & Associates Thank you. (Enc.) FORM N0. 3 Cc) ..... TOWN OF.SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: May 23, 2022 Revised& Renewed: March 15, 2023 TO: Michael Kimack (RQA Properties LLC} PFJ Box 1047 Southold, NY 11971 Please tatie notice that your application dated February 9, 2022 For permit to le aline several as-built additions and accessorV structures at existiz aufo bod ame airy�aA a s at: Location cf property: 29950 Main Road Cutclao ue County Tax Map No. 1000 - Section 102 Block 3 Lot 1 Is returned herewith and disapproved on the following grounds: Pursuant t,- Article : ;SII Section 21I0-127 the aro)osed use rehires site data a royal ftonaSoutlaold Town Pl.atanin l32ard. 3" emoted additions on this taota-c onfrarrrai�ag 3'141IQ arcel i the Iesicietal R-40 district is rpt et°miffed ttrsuataf tca A�•ticle��III Section 20-123 A and riot.°a.ltertaafive relief of l A file X57 9 which ranted: `a 25°!u increase of floor area to be added at the rear ofthe �°itaci aal buildi.ta octet iccl b tlae a lic;atats re aair bhines "'' conditions snecificall 6. and sub`ecf to The as-buil w site an shows an addition to the rear structure which is 65.82%1 lar er tlaau�the alternative relief arevicahl; raiatednall it shows a tent-t e structure on concrete slab which vas onditiotaed to be removed. Ais diva l--oval has been revised based on an updated site plan received March 14, 2023, which indicates accessory buildings being relocated to conforming setbacks, irdditionally, with one being removed„ You may now apply to these agencies directly. AuthDrized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review ky the Southold Town Building Department. CC: file,Z.B.A,Planning Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No.-Mostreet Hamlet�C 04 SCTM 1000 Section jo 2 Block__,? _Lot(s) / Lot Size5ZtjAr, I Zoned E)APPE L HE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Owner(s): LL C Mailing Address: �f '" _CW"�! I Telephone: " - jRXax: Email: NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: OZ ' A*W Cg r 0 Owner( )Other: Address: O_ U47 t / Telephone -j6 Fax: Email: Q< Z Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Gwner(s), Q0 Authorized Representative, ( )Other Name/Address below: WHEREBY Tip UILDINC INSPECTOR REVIEWED SURVEY/SITE I� DATED V 9 99 and DENIED AN APPLICATION DATED '. FOR: W Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: /1 Section: O Subsection: Type of AppeaL An Appeal is made for: (4 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 Revers 1 or Other A prior appeal has, ( )has not been made at any time with respect to this proge ,UNDER Appeal No(s). Year(s). ' 'G7't". » (Pleme be sure to research before completing this queation or call our off ce for assistance) Name of Owner: ZBA File# 6-7Jr9 ,f Ioef4 *a. gM - 19Ge 10bllrAz N G• Yt70 7 - 1,9 P'o E' EN O- l964- -1974 AWS d. �� EASC1NS OR APPEAL A L (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 ne'uby properties if granted,because: r ' r / ,PR taxa► 0a 7 0Y A ,�Vae,mss'a044. 77 �r, � r 8 � ✓ VWA 2.The benefit sought by the applicant CANNOT be a - ieved by some method feasible for the applicant to pursue, other than an area variance,because: F pe We 70 MRV1 V,& �C4VO&I E'er y IhWke iW-4 r N A44AP TO /IAX/N/Z,& 72V AvtVA?,4d V 4 AA-69 3'"O rM•9' d!= T rr 1 "/ -"T,e4,r ^06�6r- ' TWe ro P"4CO7,y 0' 0M1lR o,VAe `/ 7X1- Rr-W G,A-?70A - TAY,4- Mkr ReP6. 0401r 7"�aP" tl�Ny- 3.The amount of relief requested is not substantial because: 1714 A&(UlAlr 0,0C, /f'-'� 110GC1jE:j e, UAvPe e 7WA6' AA'1 QW .VC. /0 G—149 F0 7© !A/C1'e ,6 40veoa 4VWICA� 7765A', a _ " e-0U),094E •SOW" W 7Z , OR 6 �!//GT��/6�✓`2 S�'A/Jp11�'o tl 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or distract because; 1W "4C IZI I.1A..5" "k',�S"o�"��' � ► ,l"c�'�" l�e�* ". C",0 t('d77tW 0W10,e 7-0 r19,,6, p,#S".S.a�6,, CA- oe eOW/AIS 6167 '� A?1cj," /-0 HVAI>l �!4' V eh"Y , ''/,�ZAZIZ P V,64Z41AIS 5,Has the elle e lflicu t been self crt ate " e ,or 0y: Are there any Covenants or Restrictions concerning this land? {4 No { ) Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. gigmatu e fAppllcant or Authorized Agent (Agent must submit written Authorization from Owner) l Swo aero b cart c tri _ day of �" ..._ Notary Public DIANO QISALVO NOTARY P<aU1Q,;;TATE OF NEW V6fM No, 01014 78593 QU0111100 In Uiliolk County MV Gtatnt ISsion Upltus,Ap6l 30. 20 APPLICANT'S PROJECT DESCRIPTION APPLICANT: id ,4, ff DATE PREPARED: ? 1.For Demolition of Existing Building Areas Please describe areas being removed: A167Ale II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: A107646' Dimensions of floor above second level: Height(from finished ground to top of ridge): 12 AW Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ,21E 11ex Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: �"",r�'t IM, Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: Aura VI.Please describe the land contours(flat,slope %,heavily wooded,marsh area,etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): A ' Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012