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HomeMy WebLinkAbout5759 toe. ezcAtrativ- (gri-4€7_ 3 t9s.0 DAL , ch- i* 1 s1l Qesn,gat6tAd. fiwo. fr..- 2-6 co/ CL / 7-OS . .4 rlrO , ui��� APPEALS BOARD MEMBER tot SOY4, Southold Town Hall Ruth D. Oliva, Chairwoman s. Oe j 53095 Main Road• P.O. Box 1179 r ,,iii Gerard P. Goehringer * * Southold,NY 11971-0959 Vincent Orlando ` co ic Office Location: James Dinizio, Jr. � . ��� Town Annex/First Floor,North Fork Bank Michael A. SimonIYCQUNr � Itrr 54375 Main Road(at Youngs Avenue) ,,. Southold,NY 11971 http://southoldtown.northfork.net E • BOARD OF APPEALS v}- (r • 3: 3• PM TOWN OF SOUTHOLD t, c Z 9 2005 Tel. (631)765-1809 •Fax(631)765-9064 Q FINDINGS, DELIBERATIONS AND DETERMINATIONSOB Old Town Clerk 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 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. 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 shop. 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 100-241A 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 48') 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 10/25/04, 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 ZBA File No. 5759—RQA and R. Bozsynak• • 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 48.2' 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 new building. The 1759 square foot size of the new 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. ft.), exclusive of the temporary portable tent area to be removed. The Building Inspector's Notice of Disapproval cites Section 100-2414 pertaining to a new 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 premises,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 new 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 buildings) or additional building on the premises, so long as said increase In size of the building(s) created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable maximum lot coverage,and all other setback and area requirements shall apply.provided that the following site remediation measures, in full or in part, as shall be determined by the Planning Board within its sole discretion, are Included as an essential element of the aforesaid expansion: J11 Substantial enhancement of the overall site landscaping and/or natural vegetation. 121 Employment of best visual practices by upgrades to existing building facades and/or design of new buildings and/or the additions to existing buildings which accurately or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s). (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 ZigA File No.5759—RQA and R. Bozsynak• • 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 55% 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 WA File No.5759—RQA and R. Bozsynak• • 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. 3. The relief granted herein is 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 New York Town Law 267-B, 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 visibility 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 paint/repair 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 ZBA File No. 5759-RQA and R. Bozsynake • 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). Ruth D. Oliva, Chairwoman 12/105 Approved for Filing TOM SOUTHOLD 'I SUFFOLK COUNTY, NY SURVEYED 05-03-2004 W E CERTIFICATIONS AMENDED 04-30-2004 I REVISED 10-12-2004 SUFFOLK COUNTY TAX a S 1000-102-3-I I 1 STIHtffiD TO: RQA Properties LLC Fret American Tide Immo Campy of New Yat The Suffolk County National Bank 1. 0 1 Z ' e s 4 91 e o 8 � , _ /Ver Y ry� - A 9r. '' 2;s V q, '�`o\ g e 1 oda rii �io;cr,. o/j ?° \e �® °9 r�Y6 " r sd'�� _ \°Vr �� ry Pe • °9 o o ° \ k h / a.A f///• ° / \� NO\ 611 1 71n�\ „F- .\ IN /O (- tF40 ��;� ° or O' aab \� V ° o Sao ° h °A�Eso �-V. � NOTES: ..em � 'I ' .n...,..a....,s._,�..., .. ■ MONUMENT FOUND I7.4=..wa t7.4 ,. IS GAS 1 AREA = 31,441 5.F. OR 055 ACRE JOHN C. EHLERS LAND SURVEYOR 6 EAST MAN STREET N.Y.S.LIC.NO.50202 GRAPHIC, SCALE 11.= 30' RIVERHEAD,N.Y.11901 an — — 369-8288 Fax 369-8287 REF.\\Hp server\d\PROS\04-246.pro i *ERTY OWNED BY: RBARA JOAN LUTZ TAX MAI P.O.BOX 389 }CHOGUE,NY 11935 " a a LOT COVERAGE: 6 e O n ° 8 \ G P Y 4 la in Q $'P , la °29'0 5.00' PROPERTY: 31428.4 S. :-FENCE I EXISTING OFFICE BLOC 'C'[> 4. 3 .C= i m EXISTING AUTO (2E1=415� �,o EXISTING SHED: 130 S,. 36.5 _ ^-3 . - 'n_ G'' EXISTING SHED: 80 Si Ax� % ti` Si EXISTING TENT: 906 S. fillV1 o St\ PROPOSED AUTO REP N.1c I , PROPOSED iEXISTING LOT COVER4 `N BUILDING v'l PORTABLE V.�' \ • (AIOREPAIR) .'� BLDG.(TENT) � i PROPOSED BLDG LO (ALO BAY (STRG) ao- i 1 DIFFERENCE: 4,1 % yr kft ' Vl " __ E VV 3 LANDSCAPING: 4090 _ b LOT COVERAGE: 10,99. p aLIGHT-�. fl Z'j m \2 BAY ENTRANCE �_ �P, o 1. 14 kl \Y zgli p 2 13 5.00' 2 GRAVEL DRIVEWAY EXISTING WORK AREA ASPHALT TO BE RELOCATED TO (EXISTING) , / (EXISTING) \PROPOSED BUILDING O as ° 8.00' 14.00 b 1 STY.CONC. o i-% c7 o srw oo®� BLK.BLDG. ; oti `yE° m 1- -AUTO : PAIR eiteit.m HANDICA PARKING \a< 2\ 11'b erv¢ 13.00'i -6900 O weD b , 1/ /Lp '“22 sP_ C , E 1300' 0A° 4 , \ 1 STY. t\"' FRMD.OFFICE BLDG._:.. vnnKING \ P iC p 0 0 \ \ PA NG �� :p 1 .J _ «: 1 ASPHALT /0 \ ® ! 4 GO q � _®0® . (EXISTING) v • ~® a" •• tPARKING "a j a • ® ©, o --r✓��s® 1^5 ,\Jnr/ 1 ,. /)06°.0:0"0 � y �_I S SHRUBS MULCHED BED�_. _ � (EXISTING) ENTRANCE S 45°29'0"E 200.00' / ENTRANCE FROM STREET J FROM STREET 11\ a k FLEET NECK ROAD (PEQUASH AVENUE) SITE PLAN PROPOSEE SCALE: 1" = 20'-0' LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 17, 2005 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971- 0959,on THURSDAY, NOVEMBER 17, 2005: 1:20 p.m. RQA PROPERTIES (RICH'S QUALITY AUTO BODY) #5759. Request for a Variance under Section 100-241A, based on the Building Department's May 26, 2005 Notice of Disapproval concerning a proposed detached 1760+- square foot building for business activities related to the existing nonconforming auto body business. The reason stated in the Building Inspector's denial is that the property is zoned Residential R-40 and a nonconforming auto body shop use is not permitted to be enlarged, altered, extended, reconstructed, 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." Location of Property: 29950 Main Road at intersection with Fleets Neck Road (a/k/a Pequash Avenue), Cutchogue; CTM 102-3-1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: October 25, 2005. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski • 1 • • D FORM No. 3 ilk 21 1005 • ZONING B �S /)5 NOTICE OF DISAPPROVAL, AAO of gaaegls DATE: May 26, 2005 TO: Rich's Quality Auto Body PO Box 320 Cutchogue, NY 11935 Please take notice that your application dated May 17, 2005 For permit to construct a new building, as part of an existing auto body shop at Location of property 29950 Main Road, Cutchogue, NY County Tax Map No. 1000 - Section 102 Block 3 Lot 1 Is returned herewith and disapproved on the following grounds: The proposed new building, on this non-conforming 37,447 square foot lot in the Residential R-40 District is not permitted pursuant to 100-241A, which states that 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." An auto body shop is not a permitted use in this zone. In addition, if approved by Zoning Board of Appeals, site plan approval from the Southold Town Planning Board will be required. r Authorized Signature CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. • ! , APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only �y Fee: $ *CC Filled By: ©U)-i14,) Date Assigned/Assignment Noe.5 7551 Notes: RECEIVED- Office Notes: JUL 2 1 2005 Parcel Location: House No. 29950 Street Main Road Hamlet( La-at) ZONING BOARD of APPEALS SCTM 1000 Section 102 Block 3 Lot(s) I Lot Size Zone District if Lt6 I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: June 9.2005 �1ph\ C,d Applicant/Owner(s): 'ichard Boz9nvak. ROA Properties LLC Mailing Address: PO Box 320 Main Rd., CutchoQue,NY 11935 Telephone:(631)734-7868 (7alar evv.?) NOTE:If applicant is not the owner,state if applicant is the owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Address: Telephone: Please specify whom you wish correspondence to be mailed to, from the above listed names: Applicant/Owner(s) Authorized Representative Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: Building Permit ❑ Certificate of Occupancy Pre-Certificate Occupancy ❑ Change of Use ❑ Permit for As-Built Construction Other: Provisions of the Zoning Ordinance Appealed; Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article Section 100-241A Subsection Typ@ of Appeal; An Appeal is made for: th 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 o Interpretation of the Town Code, Article Section ❑ Reversal or Other A prior appeal • besNOT been made with respect to this property UNDER Appeal No. Y� • • "- --_ R JUL 2 1ECEIVED 2005 :ZONING BOARDAP/PEALS REASONS FOR APPEAL (additional sheets may be used with applicant's sienature) AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: The Auto Repair business has existed here for over fifty years,and as time has progressed so has the need to upgrade the facility and move the work from the Main Road where there is much traffic,and in the publics eye to a location in the rear of the property out of view of the public. This is for the safety of the individuals working at the shop,for the respect of the neighbors so they cannot see the work that is being done(beautification). (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than variance,because: Location of a business is key to its continued success. Also there are few locations in Southold that are Zoned for this type of business as this property was previously(COM 480)as indicated by the town records. Finally the existing facility is too small. As time has progressed and the population has expanded so has the need for "Rich's Quality Auto Body"to expand to keep pace with the influx of business. (3) The amount of relief requested in not substantial because: The costs to add the new building is nominal compared the potential of the expansion. The Loss due NOT putting in the new building could be substantial and may cause the closing of the business. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: First the business has existed in this location for over 18 years,and Automotive Repairs have been done at this location for over fifty years according to town records. The location was a gas station and Lubritorium (Lubritorium was the historical term for a mechanical repair shop);this is indicated on old surveys located in town records. (5) Has the alleged difficulty been self-created? ( )Yes (X)NO. The towns'action of changing the zoning of a gas station and repair shop location from COM 480 to a residential lot zoned R-40 has created the difficulty. This is the MINIMUM that is necessary and adequate,and at the same time preserve and protecdt the character of the neighborhood and the health,safety,and welfare of the community. Check the box(X)IF A USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Signature of Appellant Agent (Agent must submit written Authorization form Owner) Sworn to , fo m this J D'o 2005 SUSAN J.NAGYry P A �7C59/ Notarubllc State o}New York No. Public Notary NotaPita" Qualified In Suffolk County Commission Expires May 20Q2 • • Page 3 of 3—Appeal Application I REGEivE'D ! JUL 2 1 2005 51r- Part B: REASONS FOR USE VARIANCE (if requested): 19-s#N0 eoARU OF A PEALS For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located(please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). The applicant, Richard Bozsnyak, recently purchased the property located at 29950 Main Road, Cutchogue,NY 11935 heretofore to be referred as the Property. Prior to the purchase Mr. Bozsnyak rented the property for$950.00 per month, because of the low rent he did not need to expand and could afford his expenses with a reasonable return for the level of work that was completed at his shop. After the property was purchased, his expenses increased, The mortgage is $3400.00/month,taxes are$6200/year,and additional insurances increased to$4000.00 a year. This resulted in a net increase of$3300 per month in expenses. Also a review by his insurance company added an additional requirement by them and New York State to add a new painting facility to comply with state and federal safety and environmental regulations. Without the addition of the painting facility Mr. Bozsnyak will be forced to close his business, because he will loose his insurance and will not be in compliance with State and Federal code for safety and environmental protection. The addition of the Paint booth into the existing facility will cost approximately$85,000. This is inclusive of the booth cost,the installation of the booth and the expected loss of revenue while the booth is being installed. The new paint booth will reduce the capacity of the existing facility because the paint booth is large and will be put into an area where currently painting and bodywork is done. The percentage of space loss will be in excess of 50%. In order to recoup the expense of the booth and the loss of the space Mr.Bozsnyak is seeking to install a new facility in the rear of the property out of the view of the public and move the current work done into that facility and put the new paint booth in the existing facility. The existing facility is permitted for the paint booth and its addition will not change the structure but will enable Mr. Bozsnyak to continue to operate. 2. The alleged hardship relating to the property is unique because: The hardship relating to the property is unique because the property was a GAS STATION and a REPIAR SHOP for over fifty Years,and was properly zoned(COM 480)for the work that is being done at the property until recently. The zoning was changed in 1989 to residential(R-40) while the use was continued. This arbitrary and capricious change to limit expansion and growth is damaging and not the original intent of the law. • 3. The alleged hatip does not apply to a substantial portion of the district or neighborhood because: Most of the surrounding businesses are properly zoned. The remainder of the properties is residential and located surrounding neighborhoods. 4. The request will not alter the essential character of the neighborhood because: Many of the surrounding business and homes were not in existence when the Repair Shop and Gas Station were built. Historically the building was built when most of the surrounding areas were still being farmed. 5. The alleged hardship has not been self-created because: The creation of the hardship was the improper zoning of the property by the town and not a fault of the owner or the previous owner. 6. This is the minimum relief necessary,while at the same time preserving and protecting the character of the neighborhood,and the health,safety and welfare of the community. (Please explain on a separate sheet if necessary.) By granting a building permit for the new structure, Rich's Quality Auto Body, will be able to comply with the requirements of his insurance company, State and Federal environmental conservation laws. Currently the business is operating under grandfather laws, but to keep pace with the necessities of the changing areas(increased business)and expand to meet these changes and cover the increased expenses since the purchase of the property. This will also move the work that is being done out of the view of the public and in a safer area for not only his employees but for the residents of the town of Cutchogue. 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) The spirit of the ordinance was not in keeping with the use of the property, but in keeping with rezoning to limit areas to a lower density of population. This will be preserved because the property will continue to operate as it has done as a repair facility for over fifty years. ( )Check this box and complete PART A,Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult you attorney.) Otherwise, please proceed to the signature and notary area below. Sworn to s or me this Signature of Appel nt ." *thorized Agent y of i _ ,2115 / (Agent must submit Authorization from Owner) ..!:ice A/ (Notary P .. SU6AN J.NAGY / RECEIVED Notary Public State of New York No.4896735 Qualified In Suffolk County Commission Expires May 20a l JUL 2 12005 ,ZONING 130AA� �_�ALS SEE SEC.N1 096 SEE 026.ICI 096 — LK NATCH _ ___LINE MATCH LINE 1. SOUTHOLD \ e,p mtvamu �P 2.6 EN NIGHTS' ? � . BA ` Y 15 2.7 6.IPId .... 4. it LititiA 1/ ////4 ,,ss. 23.3 11.6\ 4x;t,H //VII Y ,? 5 S. — N— 3 I6 / 25.1\ °QUA / '4 Y 7-0, 0.a H lop. 4.. 9 2t.OPlC1 ikt 6 40 < • , g air .LOJ 12.1 '.... zJ.l J 41%......„.4 A.Du�9 ,4Y t* :9 04> 4* N S 23.2 AI 6A1 97" 92 % ,404, 2.LIC1 SJ � Y q COUNTY OF SUFFOLK rc.EL°wsxT mom's) • �2.6A/ 0 / Y 1441 '^ JJd S SAAIp J 20.2 4, Jz.xud pew y , '°f �STAT`EpinsOF ro b r u 1.1\td p 291 sir d 3 p•"� +°•rye °'R" o % se 4, 2.JA bo �J 24e & J2 � LSAId INE A r^ � 4 389 000 /f+///'/ \ 9t t N °o;ERics NOTICE COUNTY OF SUFFOLK © K p92 10M16 SOUTHOLD SECTION NO "° MAINTENANCE, PORTION SAE DR Real Property Tax Service Agency v m,FEOLK CO or ETA Of THE 'Y• Canty Center Po ��6 1 0 2 SUFFOLK COUNTY TAX MAP IS HEITEo P FEET �N Y 11901 M 9oL 223 9 MRHWi\PoIIEN PEPMISSpN OF THE SCALE IN FEET: A PEAL PROPERTY TAX SERVICE AGENCY. 'la1 P 109 F6TFtT IE 1000 PROPERTY MM CONVERSION DATE. JUL 21 1190 • TOWN OF SOUTHOLD PROPERTY RECORD CARD w o . 1 . OWNER STREET VILLAGE DIST. —Sid-Et..— LOT *-, ' o w �0 RQA t�rapr- fs LL.C. l / d ' 4Q a di (1' /c aAoa ve /? 1 De lc, f:' 3' I-nil FORMER OWNER N Al E ACR. iz f k . 11'ano S W ' TYPE OF BUILDING ) �` FDw/iel) W, fox , we T. DAwsn ✓ �cc�cQ � •c, . l RES. li SEAS. VL. rFARM OMI CB. MISC. Mkt. Value LANDIMP, TOTAL DATE REMARKS l / Cy /9/G c_i< 4. r rtC �OOD /i 5,,z,z �� r, y7. „ �� ✓ 5z !? nL ✓ /0/1/23 Som , 4; v ,: F, Fax wwf la Nr1 /R vc j (cc / p i .f : 0 ��" io� r,�y, IotZ 's� CA) i4- (o�48 Pennla� e O�Lce Et -tb Izo71'c A.l u a ",' ' .. g L 0 0 i; / 6� .Z 5/a//a - C. (,;, Jte'G rr �f// L, Ai Z/ ' -/ 3/16 .4 46,/4 (75/9 7,_ ,4-r,n f !�d5�a(I'g'6 ioAas/o4-)--I 6(cp94Lq- iq/,ano 70 if/ A ,tittli'..5 LLC - tare AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre , Tillable 1 ' -- • Tiee! 2 I i Tillable 3 . Woodland Swampland FRONTAGE ON WATER I Brushland FRONTAGE ON ROAD zi o e, / O !41 < �o u d House Plot �,. ,-. .-. DEPTH y' , / e /Z /rV BULKHEAD Total DOCK L an Ill 1111111111111111M1111111111111 , ri "1..", COLOR MIMI _ et 11111 inmumart M J ' ~ F IIIMI M 1111 MIIIIMMIMMIMMIMI NMI --F T �° - c..i, TRIM !iI!I1!01E "I! iE!SR i 'CIA1:::;;r 1111110111M 111117511111111E.111,11 111 4 - Iliiiiiira 141111111111111 _ �. , lit . �N � '7t • I•IIIMMInallallAral alralaillrial �� ME 1.11111.111.11.11.1111111 ill III ■t M. Bldg. f Foundation ��,t,iir Bath / 1/2- I DinetteI Extension ‘ k / b ,L (Basement l Floors /-i K. K. Extension 5 y v I 75, / .,L q/ I Ext. Walk j L • c c- Interior Finish LR. Extension � t� /Y, I Fire Place /V U Heat FN DR. WI od 1Type Roof e7 n � r�srYr, Rooms 1st Floor BR. i+Z r TWX >� i V Z . / 7,23 1111S�ch-44e/ 2 , .{..3L-: 7sZ 2 r ? 'Kr Recreation Room Rooms 2nd Floor FIN. B. • V Porch `Dormer Breezeway Driveway i Garage _ Patio • _ O. B. I Total • cif b'9 I SURVEY ®F �PROPER-Pr S9 1JATE: GUTG}y��Y ,V�/&UE N 'TOM ' SOUTHOLD' :i SUFFOLK GOUNTY, NY e , SURVEYED 08-03-2004 , C E CERTIFIGATIONS AMENDED Oq-30-2004 REVISED 10-12-2004 S SUFFOLK BOUNTY TAX # . 1r100-102-3-1 El11t9M.D TO: RCA Properties p LC First American Title Insurance Company of New York The Suffolk County National Bank _ O O C� ez b e ah e f UCt� ` AQ '4,,i ?g z IN Q' `o 9 0 �G@J °o � �OS� uoO/Ni i r , 6 40(.. ce �,0/ - \ ' of 4)(71, ill iii, ,0/ 1 \ '4el Q 6' C / , 0 4 0. ® eG. o e ao , , \ �t. o .1\ cf . i': '''or / 0 •0, 0 <Ito6 „ se)? g O . , ii ) �-�, o ' \ / /\ o /0 ICS / OC '''') / , /ot N. 0/4- rp 9 kV CV, s 90 ,',. I °N / O 'F\ '0 m / +, � 0,/o/ , . / cri-c-'1-)N-,._)_°::_, /1\4:\ .,-,0 re 0/ N,))0`' 1 IP -v÷,,,, lc.. -h.)N . 4v, /0/- rC' .‘-'6 , -,_. 'Imn\ 4 c r 0 0 1 \+ llnoathorized alteration w addition tos e' ma wring a ecensea lona ey°,Seal'S dvlotalbn of section 1201 Sub-division 2,of the Nap,orK State Eauco[ion Lan' 'Only copies from the origaol of this survey NOTES: �� ' stomped area With an o o"°�'de lad, eyar. I seal snot!be c l red to bo valid true w 1 topic.' ® MONUMENT FOUND 't U .C.ertifIcotlans tadcotcd hereon sl5n6y t nt mm C des Prepare ns adopter, r, -�J y the Code or Practice/ar lotI 5iof Pre esslon l al the Nen Torr State Associot tI or Prola n only Ltd Serveperson Sola cn thecsvrveyons Is pll p only _ to the of tor Whom the survey is propwe® GAS zi age his �endinthe stilu[icompany governmen- taln to the assignees of the lenaing Institution Ccrtinco- !Ions a,not transferable to oadrtarol Nsdtutlons AREA = 37,441 5.F. OR 0.86 ACRE JOHN C. EHLERS LAND SU'"\r V EY* J 6 EAST MAIN STREET N.Y.S.LIC.NO. 50202 -RAPHIC SCALE I"= 50' - RIVERHEAD,N.Y. 11901 < ''`` r ' :.,.....%•.•. .1 369-8288 Fax 369-8287 REF.\\Hp server\d\PROS\04-246.pro ✓✓ OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.KowalskiaTown.Southold.ny.us Jayne.Martin a�Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) fax (631) 765-9064 y�- erS6 TRANSMITTAL SHEET C ie-60 C 40-et-ti__ 7 d `F-5'y 2 6 TO: DATE: fa_ / a, /05 RE: lj /05 Agendaitern Za 6-75i - „eip,i" MESSAGE: ( ) Correspondence or ( x ) document attached related to the above for your information • ZU'la ..Ld'vAt_J 7).7444g-7 / Thank you. Pages attached: Jr . APPEALS BOARD MEMBERS /••01* F SO!/ryo Southold Town Hall Ruth D. Oliva,Chairwoman I A. 1p 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer * *; Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio,Jr. i0��� Town Annex/First Floor,North Fork Bank Michael A. Simon : 44- ��� 54375 Main Road(at Youngs Avenue) •1''' Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809•Fax(631)765-9064 December 29, 2005 Abigail A. Wickham, Esq. Wickham Bressler Gordon & Geasa, P.C. 13015 Main Road P.O. Box 1424 Mattituck, NY 11952 Re: ZBA Ref. 5759 —Variance Determination (RQA) Dear Ms. Wickham: Supplementing faxes sent to you earlier, please find enclosed a copy of the determination rendered by the Zoning Board of Appeals at its December 27, 2005 meeting and filed for permanent recordkeeping with the Town Clerk. Please be sure to follow-up with amended maps and complete submissions through the Planning Board and Building Department, necessary review steps regarding applications under the site plan and building permit process. Thank you. Very truly yours, Linda Kowalski Enclosure Copies of Decisions 12/29/05 to: Building Department Planning Board Rich's Auto Body (by fax) t I^ "`'iffill— Flif.RA.CLE STEEL ` CO'POTION 600 Oakwood Road Watertown, SD 57201 Copyright 0)2002 14'-0" x 12'--0" t (_O_OVERHEAD DOOR _ 1—`(2 PLACES) �y `"�, �-1 - I ?I I o � (s, k \ / \ / � t jsmfi r\ / \ / Is, , , d w 6 F CO FRONTWALL ELEVATION SIDEWALL 1 ELEVATIO\ oZ q z A ® W VD ROD BRACING 1-...-1© S-12 E Th H S-10 ENDWALL BRACING ® � Cr) / • !''/ I I \ // \\ // \\ //� • \/If\ / • / W g ipc.- i • \, JUL I I N / \ / \ 2 Y 2005 • / \\\ /,, .\\ N I 1 //// •\\\\ I //// •\\\\ I zoN,NG6i..5?' R ISION: DATE: \ \ / \�/ \1 BpARD OR APpFALs } 36'-6" 0/0 OF WOOD — 48'-2" 0/0 OF WOOD DRAWING NAME: 427283EL DRAWN BY: REARWALL ELEVATION SIDEWALL 2 ELEVATION DATE: T.L.W. 04/26/05 SCALE: 1/8" = 1'-0" SHEET I .... PROJECT DESCRIPTION (Please include with Z.B.A.Application) Applicant(s): RQA Properties LLC,and Rich Bozsnyak I. If building is existing and alterations/addition/renovations are proposed: A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: Square footage: B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: Square footage: II. If land is vacant: Please give dimensions and overall,square footage of new construction: Dimensions/size: 3 ' . 48.5' 10)... -7/) :: 5 Square footage: 728 sq 1 159/1y Height: 16 ft 4 Purpose and use of new construction requested in this application: The new construction requested is to expand the existing facility, and enable the new owner to install a new paint spraying facility. III. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): The surrounding buildings on the property are used for the existing business and not residential. The code was changed to R-40 from Com 480 while the existing business was operating out of the location. V. Please submit seven(7)photos/sets after staking corners of the proposed new construction. See attached photos Please note:Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with the Building Department(765-1802) or Appeals Department(765-1809) if you are not sure. Thank you. RECEIVED JUL 2 1 2005 :0 513 51 ZONING BOARD OF APPEALS 11,117tu tAlip>34r1 Rich's Quality Auto: PropertyHistory Pre-existing Esso station and apartment containing all current buildings except sheds One story service station with gas pumps One story lubritorium 1950's Van Tuyl survey attached 1960—ZBA 856: Wall sign approved for gas station 1973 —Pre CO issued Z5343 —Business building, apartment: public garage and gas station. Copy attached with 1973 Town Code section for public garage 1974—ZBA Special Exception#1964—TAD auto sales added: 15 cars "minor repairs" for auto sales East building included real estate office Lubritorium housed glazier—auto glass. Total of three businesses 1974—ZBA Variance#1983 —conduct business within 300 feet of residential 1978 —ZBA#1284— Special exception, real estate wall sign (Stan Waimey) Application states property contains three tenants 1987—building permit to renovate office (arid CO) 1987—Rich's Quality Auto moves into lubritorium and auto sales areas as tenant 1990—ZBA 3907—Aliano use variance for retail shopping center denied for insufficient proof in record 2004—Aliano sells property—Rich(RSQ) purchases property to protect business 2005 —RQA insurance company advises it will not insure the property nor continue business coverage without installation of spray booth _ - _ ,"fi:"i•• ;i1 f'''''.---.::"':'::i'. _r Nom. k�ir� _ '.�•- _ ,< _ - a �t_�.- �._ e�y1y'si-.?_ ,�a.' �.•J.. ..-M4:��;i Al,+ ."w Y�Ati:`;l j." 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THIS CERTIT11�S that the building located at Lain Eoad c- Pe uasl•; �i`'�''Street - ' .-- Map No. XX Block No. m Lot Non ._ . .Ct.t. hpgpe : �� .�;, • . • , • • . • , • re�uiremerts for business building conforms substantially to the'.:4!4! y, ti',14t•S,.‘ •t: earruk9S► built• Certificate of- occupancy dated _Bel'ore. A ri1 .23 1.952. pursuant to which Et4I iit No. �r : dated August 2 19.7.3.; was issued, and conforms to all of the require- n;e;& of the applicable provisions of the law. The occupancy for which this certificate is issued is usii ess building with }-C •apart-i_e -it statioh The certificate is issued to r':-1'''�:�r6. .1' (owner, lessee or tenant) • of the aforesaid building. Suffolk County I)epartrnent of Health Approval pr(-- . . . . . . _ . . . _ - . UNDE1 RITERS CERTIFICATE No. rare- existing_ HOUSE NUMBER . . . 29950 Street . . . . l•-.aiv. Aocid . • Building Inspector Aziie REPUBLIC-FRANKLIN INSURANCE COMPANY NOTICE OF NONRENEWAL OF INSURANc Named Insured; RICH'S QUALITY AUTO REPAIR -\) W,C1 Policy Number:3779235 • COMMISSIONER OF MOTOR VEHICLES, IF YOU HAVE A LAPSE IN INSURANCE COVERAGE OF 90 DAYS OR LESS, THE LAW PERMITS YOU TO AVOID A SUSPENSION OF..YOUR REGISTRATION BY THE PAYMENT OF A CIVIL PENALTY FOR EACH DAY OR ANY PORTION THEREOF UP TO 90 -DAYS FOR WHICH . YOUR INSURANCE COVER AGE-WA SNT I EI'FECTN THIS CIVIL PENALTY OPTION APPLIES ONLY ONCE DURING ANY 36 MONTH PERIOD. THE CIVIL PENALTIES ARE: 1 TO 30 DAY LAPSE - $8 PER EACH DAY OF LAPSE 31 TO 60 DAY LAPSE - $240 PLUS $10 PER DAY FOR DAYS 31 TO 60 61 TO 90 DAY LAPSE - $540 PLUS $12 PER DAY FOR DAYS 61 TO 90 This policy provides auto liability coverage.You should contact your agent'or any agent concerning your possible eligibility for replacement coverage through another Insurer or the New York Automobile Insurance Plan. IF YOU HAVE ANY QUESTIONS IN REGARD TO THIS ACTION, PLEASE CONTACT THE COMPANY'S REPRESENTATIVE: REPUBLIC FRANKLIN INSURANCE COMPANY -.-.. - • .------- .- THE NEW YORK INSURANCE LAW PROHIBITS INSURERS FROM ENGAGING IN REDLINING PRACTICES BASED UPON GEOGRAPHIC LOCATION OF THE RISK OR THE PRODUCER. IF YOU HAVE ANY REASON TO BELIEVE THAT WE HAVE ACTED IN VIOLATION OF SUCH LAW, YOU MAY FILE YOUR COMPLAINT WITH THE DEPARTMENT EITHER ON ITS WEBSITE AT WWW.INS.STATE.NY.USICOMPLHOW.HTM OR BY WRITING TO THE STATE OF NEW YORK INSURANCE DEPARTMENT, CONSUMER SERVICE BUREAU,AT EITHER 25 BEAVER STREET, NEW YORK, NEW YORK 10004 OR ONE COMMERCE PLAZA, ALBANY, NEW YORK 12257. This policy provides fire and extended coverage Insurance on your property.You should contact your agent or any agent concerning coverage through another insurer,or your possible ellgIbllily for covers a through the New York Property Insurance Underwriting Association, 100 William Street,4th Floor, New York, NV 10038. 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Olzk 90 ./., \\,' a�6 //' O Q o abe �C , 1 N/ 4mSOIG Cfo 0 1:11- Cb q3g1 5\4111 It 6 a� ' \,/\CO ` v �i��a � V� ._ = Y S6 ACCO % J - t �) A .- \ pp4,,. O 0 Computer Designed Turbulence Free Spray Booth ".`-`•=` `L `'Il `7 , �� Ak-DDF-24&27 full downdraft booth major features Full downdraft with air make-up unit and heater,available in any size. Code compliance�� Standard cabin complete with double insulated wall panel with powder coated =\ The Global-Spray spray booth system conforms to the exterior and interior finishes. requirements of Tri-fold doors wit clear tempered glass windows. .,.,.,.;. °�""' Nfpa-33 standard for spray application using flammable Inside the cabin,there are inside serviceable lighting fixtures,ver- ,,,,.,, or combustible materials tical side lights and horizontal hip lights,with each fixture contain- ' II_ �f, �' `� `=� / Nfpa-86 standard for ovens and furnaces ing(4)fluorescent color corrected day-light tubes. II Nfpa-91 standard for exhaust systems for air conveying Heater is indirect fire with stainless steel heat exchanger / p of materials 1 million BTU or over natural gas or propane burner which is made � CINfpa-101 life safety code in USA and AGA&ETL approved `// -%� �� Nfpa-70 national electric code fully pre-wired control panel with separate temperature control for >.\—,,r,.-----:„fillifo Osha safety and health standards(29 CFR 1910,, spray and baking operations,runs the lights,fan,and heating. ‘.•#-".../ 107) '�' Optional raised base comes with heavy duty floor grating I 4 ��i IFC international fire code 90%re-circulation the heated air during baking cycle. IBC international building code 20 years limited warrantee for the booth cabin and 10 years lim- IMC international mechanical code ited warranty for the heating exchanger.• J The electrical parts are available locally. �. . 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TOWN OF SOUTHOLD /0) c),, October 28, 2005 Abigail A. Wickham POBox 1424 Mattituck NY 11952 Re: Rich's Quality Auto SCTM#1000-102-3-1 Dear Ms. Wickham: Enclosed are copies of sections of the Southold Town Zoning Code as it was in effect in August of 1973, as you had requested. The cost of the copies is 250 per page and there are four(4)pages. Amount due is $1.00. Please remit _. immediately. Thank you. Very truly yours, Linda J. Cooper Deputy Town Clerk Enc. SOUTHOLD CODE § 100-13' § 100-62 ZONING § 100-70 sements having a window area of less than ten percent partly built up with permanent buildings and an average %)of the square foot area of the room. Usable floor area setback line has been established, no buildings shall �ll include all spaces not otherwise excluded above, such project beyond the line of the average setback so principal rooms, utility rooms, bathrooms, all closets established_ 3 hallways opening directly into any rooms within the •E. The required side yards shall be not less than twenty-five elling unit and all attic space having a clear height of six (25) feet. feet from finished floor level to pitch of roof rafter with a ar height of seven (7) feet six (6) inches from finished F. The required rear yard shall be not less than twenty-five or level to ceiling level over fifty percent (50%) of the (25) feet. :a of such attic space. G. Parking shall be provided in off-street parking areas which OOR AREA RATIO — The floor area in square feet of shall provide one (1) parking space, three hundred fifty buildings on a lot divided by the area of such lot in (350)square feet in area,for each one hundred(100)square care feet. feet of sales floor area or office floor area in each building. [Amended 5-29-73] RAGE, PRIVATE — A building used for the storage me (1) or more gasoline or other power-driven vehicles H. rainfall and stormwater accumulated on the premises ned and used by the owner or tenant of the lot on which shall" be returned to the ground within,the boundaries of garage is erected, and forethe storage of not exceeding the premises. (2) additional vehicles (not trucks) owned or used by I. The total floor area for each retail or service establishment ers. located therein shall not exceed ten thousand (10,000) .R,AGE, PUBLIC — A building, other than a private square feet. age,used for used or care of gasoline or other power- ren vehicles, or where such vehicles are equipped for 100-63. Uses confined to enclosed buildings. ration, repaired or kept for remuneration, hire or sale. § IGHT — The vertical distance measured from the All uses permitted in a B District, including the display and sale of merchandise and the storage of all property, shall be rage elevation of the finished grade at the front of the [ding to the highest point of the roof for flat and confined to fully enclosed buildings on the premises. asard roofs, and to the mean.height between eave and ;e for other types of roofs. ARTICLE VII ME OCCUPATION — This shall be understood to B-1 General Business District tide the professional office or studio of a doctor, tist, teacher, artist, architect, engineer, musician, §. 100-70. Use regulations. yer, magistrate or practitioners of a similar character, :ooms used for "home occupations" including home In7the B-1 District, no building or premises shall be used, and ing,millinery or similar handicrafts, provided that the no building or part thereof shall be erected or altered which is arranged,intended or designed to be used,in whole or in part,for studio or occupational rooms are located in a dwell- in which the practitioner resides or in a building ac- any uses except the following: • tory thereto, and provided, further, that no goods are A. Permitted uses. • 10010 10035 /--0/ \9 l?\\ \ Q • f 4 SOUTHOLD CODE § 100-70 § 100-70 ZONING § 100-80 (f) No motor vehicle sales, used car lots, gasoline Any permitted use set forth in, and as regulated by, service or repair shops or similar businesses are to §§ 100-30A, 100-40A, 100-50A, 100-60A and 100-62 of be located within three hundred (300) feet of a this chapter. church, public school, library, hospital, or- s permitted by special exception by the Board of phanage or a rest home nor within three hundred peals. The following uses are permitted as a special (300) feet of any residence district. eption by the Board of Appeals, as hereinafter vided, subject to site plan approval by the Planning C. Accessory uses. ird in accordance with Article XIII hereof: (1) Any accessory use set forth in, and as regulated by, Any special exception use set forth in, and as §§ 100-30C, 100-40C, 100-50C and 100-60C of this regulated by, chapter. §§ 100-30B and 100-50B. Places of amusement. (2) A:Ccessory uses on the same lot with and customarily incidental to any permitted use and not involving a Fishing stations. separate business. Public garages, gasoline service stations and new and used car lots, all subject to the following § 100-71. Bulk, area and parking requirements. requirements: (a) Entrance and exi•t driveways shall have an No building'- r premises shall be used and no building or part unrestricted width of not less than twelve (12) thereof shall be erected or altered in the B-1 General Business feet and not more than thirtyDistrict unless the same conforms with the "Bulk and Parking (30) feet and shall Schedule" incorporated into this chapter by reference, with the be located not less than ten (1(1)-feet from any same force and effect as if such regulations were set forth herein in property line, and shall be so laid out as to avoid full. the necessity of any vehicle backing out across _ any public right-of-way. (b) Vehicle lifts or pits, dismantled automobiles and ARTICLE VIII. all parts or supplies shall be located within a C Light Industrial District building. (c) All service or repair of motor vehicles, other than § 100-80. Use regulations_ such minor servicing as change of tires or sale of In a C District, no building or premises shall be used, and no gasoline or oil, shall be conducted in a building. building or part of a building shall be erected or altered which is (d) The storage-of gasoline or flammable oils in bulk arranged, intended or designed to be used,in whole or in part,for shall be located fully underground and not less" any Pxu_p4se except the following: than thirty-five (35) feet from any property line A. Permitted uses. other than the street line. • (1) Any permitted use set forth in, and as regulated by, (e) No gasoline or fuel pumps or tanks shall be §§ 100-30A, 100-40A, 100-50A, 100-60A, 100-62 and located less than fifteen (15) feet from any street 100-70A of this chapter. or property line. -• 10037 10036 • • • • U . I DEC-15-2005 12:13 FROM:WICKHE=: `,BRESSLER 631 298 8565 7'17659064 P.002/002 LAW OFFICES WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD, P.O.130X 1424 WILLIAM WICKHAM(0602) MATTITUCK,LONG ISLAND ERIC.1.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD A13IGA]1.A.WICKHAM SUITE 111 LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 -- TELEFAX NO,631-298.8565 631-249-9480 wwblaw@aol.com aol.com TELEFAX NO,631-249,9484 December 15, 2005 Town of Southold Zoning Board of Appeals 53095 Main Road,Post Office Box 1179 Southold,New York 11971 • Re: Rich's Quality Auto Appeal No. 5759 Premises: 2950 Main Road,Cutchogue,NY SCTM No.: 1000-102-3-1 Ladies and Gentlemen: While I realize the record is closed, and also recognize that your work load is crushing,I think you should know that Rich Bozsnyak has been forced to make arrangements to lay off two employees in order to stay in business,and will not be able to pay to stay open much longer without relief. His financial hardship is very real. Anything you can do to expedite a decision would be greatly appreciated, Very truly yours, (° - \►�J'1�-ka\AJY�()A:ms 3oidt, t� a Abigail A. Wickham AAW/Jt LAW OFFICES - 7:1 �rn WICKHAM, BRESSLER, GORDON & GEASAP.C. 1 C 13015 MAIN ROAD, P.O.BOX 1424 y OCT 1 9 L005 WILLLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND MELVILLE OFFICE ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW RD ABIGAIL A.WICKHAM SDI , I OF APPEALS LYNNE M.GORDON ---- MELVILLE, N.Y. 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 FAX NO.631-249-9484 October 18, 2005 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold,New York 11971 Re: Rich's Quality Auto Appeal No. 5759 2950 Main Road, Cutchogue,NY 1000-102-3-1 Ladies, Gentlemen: Please be advised as follows: 1. The Change of Zone application was filed with the Town Clerk in early October. We are awaiting an appointment with the Town Board and have discussed it informally with the Planning Board. 2. The additional sign under the real estate sign is to be removed as soon as the electrician is available. The recent rain has delayed his work. 3. We have met again with the Planning Board, which has agreed to proceed with the site plan review. We have reduced and modified the parking and access on the Main Road in accordance with their comments. Our client is working on the engineering and parking matters, but our understanding is that the Planning Board is receptive to the plan once some internal parking revisions are accomplished, subject to further review and review by other authorities. Seven prints of the revised site plan are enclosed, which, of course, is subject to further revisions based on comments of applicable regulatory authorities. We request that you schedule this matter for hearing at the earliest possible date. Thank you for your consideration. Ve ruly yours, Abigail A. Wickham Zba/shdzba RECEIVED JUL 2 1 2005 5-15 ? ZONING BOARD OF APPEALS i t . 'e„ e • e, X ,4. • e.4...• .-. . . ,.,...... ....„.„.... ... .. . .. • •• ... . 4 ''..,sJ�L� . ..., _4' e+x' ,y... fie,410,1tc.,.,,, . . . .{�.. .„,,.. 1 N. � r.2 ° ., � jI .; + •� + �. 1 M• fr - +' r ss at J —1141111 r` y. ...„.„okr •... ,.rK•r .: Apr A i 1 , —410/11 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? u Yes X No B. Are there any proposals to change or alter land contours? ❑ Yes X No C. 1)Are there any areas that contain wetland grasses?No 2)Are the wetland areas shown on the map submitted with this application?No 3)Is the property bulkheaded between the wetlands area and the upland building area?No 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: D. Is there a depression or sloping elevation near the area of proposed construction at or below five Feet above mean sea level?No E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? None (Please show area of these structures on a diagram if any exist. Or state"none" on the above line, if applicable.) F. Do you have any construction-taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? No If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel Real Estate sales,Automotive repair facility,Automotive Sales and proposed use Automotive Repair facility (examples:existing:single-family;proposed:same with garage.) pFIED Authorized Signatu- and :'.to ErV JUL 2 1 2005 45-7Cti ZONING BOARD OF APPEALS TRANSACTIONAL DISCLOSURE FORM APPLICABLE TO OWNER,CONTRACT VENDEE AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial,unless you are applying in the name of someone else or other entity, such as a company. If co, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance X Special Exception *Other Approval or Exemption from plat or official map Change of Zone X Tax Grievance *If"Other"name the activity Do you personally(or through your company, spouse, sibling, parent, or child)have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of(or employment by)a corporation in which the Town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself(the applicant, agent or contract vendee)and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship 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 than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer, director, partner, or employee of the applicant; or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this f Le'day of RECEIVEDSignature Print Name � JUL 2 1. 2005 ZONING BOARD OF APPEALS • • ' ` PROJECTI:D.NUMBER - . SEQR • 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL 4SSESSMENT FORM For UNLISTEDACTIONS Only i' PART I—Project Information(To be complete byApplicant or Project sponsor) J P PP J P ) r ���� 1.Applicant/Sponsor 2.Project Name w •. • 74A- 415,,s1 3.Project location: Municipality / County • '' aoARD OF gpp��lS tc., 4,," e fog d -cc:74Xer,/� aS)/ 4.Precise location(Street address and road Intersections,prominent landmarks,eta or provide map) / sc• 915-0 sO rii ecgf C'f"4 ejv !4/ Corn e1` 0-1( A1-_ 2-5- v Pe f-,, S' 4c e ms 5-5- P-007 g; 1441S- C4/4/s 7tefp7 55- e e_ 5.1s proposed action: • - - ( )NEW (�/j EXPANSION ( )MODIFICATION l ALTERATION • 6.Describe project` briefly: • ndiat/71,4o //ear/ /72 g /iii- 619�bii sues - 7_Amount of land affected: • Initially: acres; Ultimately: acres • 8_Will proposed action complyJwith existing or otherth/ existing land use restrictions:(J)YES (C) ! NO If No,describe briefly: /1 /B id+ g/ iS /�CSiOI'ler 4,44 e✓7" 7 4.S S !4 /rsLC- req 47t w 14-4 e i s71s 141 /00 - // oc -low 4 (off - 4',m 9.What Is present land use in vicinity of project:(describe): (Residential ( )Industrial ( )Commercial ( )Agricultural ( )Park/Forest/Open Space ( )Other 10.Does action Involve a permit approval or funding,now or ultimately from any other Governmental agency,(Federal,State or Local)? ( )YES (',NO If Yes,list agency(s)and permit/approvals: • 4 1i.Does any aspect of the action have a currently valid permit or approval? ' ()6 YES ( ))NO -/ If Yes,list agency(s)and permit/approv Is: d'4_,• rC�iTe ®T0 ® � " ) C ✓, 0" c' , Q iJ Apes.41//s jam@ USC- 12.As a result of proposed action,will existing permit/approval require modification? ( )YES ( O If Yes,list agency(s)and permit/approvals: I certify that the information provided above Is true to the best of my knowledge Applicant!Sponsor'Name:*,-111 ' � ,�j_�►_ �,° Dale: 4 Signature: If the action Is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this asse ••,�O*p ,O F sou _ ELIZABETH A. NEVILLE I l Q Town Hall, 53095 Main Road TOWN CLERK 4 4, P.O. Box 1179 REGISTRAR,OF VITAL STATISTICS N Southold,New York 11971 MARRIAGE OFFICER p@ �C Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER -4,4S cc. Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER olyCOU ,* 6. , southoldtown.northfork.net of OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: July 22, 2005 RE: Zoning Appeal No. 5759 Transmitted herewith is Zoning Appeals No. 5759- Richard Bozsnyak,RQA Properties LLC -Zoning Board of Appeals application for variance. Also included is Application to the Zoning Board of Appeals; Area Variance reasons; Reasons for use Variance (two pages); Applicant transactional disclosure form; ZBA questionnaire; Project description; Notice of disapproval dated May 26, 2005; Town of Southold property record card; Certificate of Occupancy number Z5343 dated August 2, 1973; Short environmental assessment form; survey of property; one color photo; Building drawings and one site plan. , Town Of Southold PO Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 07/22/05 Receipt#: 3956 Transaction(s): Reference Subtotal 1 1 Application Fees 5759 $400.00 Check#: 3956 Total Paid: $400.00 Name: Bozsnyak, Richard Rqa Properties Llc Po Box 320 Main Road Cutchogue, NY 11935 Clerk ID: BONNIED Internal ID 5759 0 ', • #� 1 ' 4 ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Applications and Checks for Processing) DATE: 7/21 /05 ZBA# NAME CHECK# AMOUNT TC DATE STAMP 5758 DeMAGGIO, Thomas 3398 $150 RECEIVE® QA Properties LLC JUL 2 2 2005 5759 y Rich Bozsnyak 3956 $400 (Rich's Auto Body) Southold Town Clerk TOTAL $550 By LK Thank you. 4T3b, , FORM NO. 3 -1Q3A°Get NOTICE OF DISAPPROVAL DATE: May 26, 2005 TO: Rich's Quality Auto Body PO Box 320 Cutchogue,NY 11935 Please take notice that your application dated May 17, 2005 For permit to construct a new building, as part of an existing auto body shop at Location of property 29950 Main Road, Cutchogue,NY County Tax Map No. 1000 - Section 102 Block 3 Lot 1 Is returned herewith and disapproved on the following grounds: The proposed new building, on this non-conforming 37,447 square foot lot in the Residential R-40 District, is not permitted pursuant to 100-241A,which states that 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." An auto body shop is not a permitted use in this zone. In addition, if approved by Zoning Board of Appeals, site plan approval from the Southold Town Planning Board will be required. Authorize. Signature CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. ... ,- - .,_.. \,.... - A1 -,f I a 0 0 - /0 2 P 3 -/ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET 2...C/9 50 VILLAGE DIST. • -SHB-- LO RO ,'). i'•5 Li- , �/ el im ' d a a/ CU c-11 9 v /1 ,,9e-sC, FORMER OWNERN I ACR. • lid / � oe E A.:j6 v6 j,/, A,,,,,, I 1i'gna S i W TYPE OF BUILDING ,I 'a?Iet4 ---.1 tibititil RL, W �o ,►-w. DAwsa/V ' I M6 `(G. / RES. Z.b SEAS. VL. FARM CeVei CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS /,//'/ a. 5-+ to 4 WZIo# �7Qe d/'I. SvLla 4.''.30oo. F. w141iF ja'Nf3L/A4/o �e ,0 • . r0.61 > a �to Z Iotzk1Fsi W4- 1Lsd}8 -RennJc�C . ie-e e_ - �fC' 4 ifr "1 a a a 41 Z 0 o g L 0 0 /r 6 5 �l - - - i UV 4-0 T�r q i 'tZ- '1 z/` 3, 61 31J q v/' ..4'/5/9-6 IIM 1,n / 5/ -i/ 7c I la5-/ott-L1 6epp90S1- mi. no 7v Rol Az'1 er: LLC -#.6.57)fv AGE BUILDING CONDITION ' NEW NORMAL BELOW ABOVE 1 FARM Value Per Value C6 ' ,'.- e 4Q Acre . 53%13 , • Tillable 1 ' Tillable 2 ' v3I OMS\ 4/e Tillable 3 \ 4_.7\ • n ,, Woodland Lb ,l{\ t' li�-�^-�v Swampland ` r � ! cln7/ j� Pand Brushland FRONTAGE ON WATER I FRONTAGE ON ROAD o v 1e, •d a �° R 4ZB a . House Plot ..� �,, __ DEPTH ' *V b / e /4 V. BULKHEAD Total . DOCK r, - ••.er _Mr /i0 19 C-.) 4 • r t ' n •,...,,•,;••:' ` 'ia} o4,a` ',I7.. K t phrt '�. e1: ,"raq.,, } ere 'is i7 ,b �� tihiCOLOR ix r u 4.1'0-' H✓.�1-'.v•,t'',' Y`;'--: _„'-.-j, Y 1.••,i p� ",,,..47 ve,,,t�S7 .ii '+F'n '4,4011,4,j '� r • ,?.r d 1 r�), ra'Ss-. z �1.-=+;',i:_^;.:....„.....,Y,,„- ..;.., ,„ a^g.,. .� av„Ili:,t„, . yby i 3 r!`C1', t*y. 1P'.,k'^�y ?'-,^.,'w,• .i Y'f�". 4 ''ir. r.E ,4, "}' !�1 !1 d/e , ., -401,;:t x,w,„, ,fc.A.,,,,,,:,p•.i •-.,'011,.4*,-1%;: ...4,011" ' 6 . ii 11 7 ii • � Y'F3 (5* �y ='r`'a�s� t.Yp�a�,'�� {"•� S f TRIM LVO yes i.Kq' f° fi;i 4.,,,,,,,,,,,„°*+' `v ~2 , rt t. , a M. Bldg. if� Foundation C'�,,wLr7— Bath �Z Dinette Extension C k / 6 9G Basement l .)/ Floors 1:7 A:7K. Extension , 7;5 l Ext. Walls j L o c/C Interior Finish LR. - ExtensionFire Place /1/v Heat /4-Nf/ DR. a.• A 6 if z,o p , 7„t ell r Type Roof c ��•° � Rooms 1st Floor BR. Porch St.• 2. . = 7. /12s .„2.L3-- Recreation Room Rooms 2nd Floo FIN. B. — Porch Dormer Breezeway Driveway Garage Patio O. B. Totalr` i e�/ r SURVEY OF PROPER-r( , SITUATE: GUTGHOSUE TOY4N: SOUTHOLD N SUFFOLK COUNTY, NY # SURVEYED 08-05-2004 W E / \ GERT 1 F I GAT I ON5 AMENDED Oc1-30-2004 REVISED 10-12-2004 .... .) SUFFOLK "GOUNTY TAX # S 1000-102-5-1 MIMEO TO: RQA Properties ILC Furst American Title Insurance Company of New York The Suffolk County National Bank 0 <> _ \ li AP1r: ../ .,%2.0- ''' -- .t? . 9, 4PT.P0.3- , i igi 49421, C. • .36 I/) i As, . •?s, ., / : tc60\ 6. ‘•Ci el 0 fd /713\1:)X . / l .,54, __ r/ /o 0 Ve"P „ a :% \ /, \ o cc' ...„ , q * Ai C ,3 0 e -'-)) ,,, cz '& -T/ .. e / o (-ct -1-)15•:1_, (..,• 0 C:)e- 9' • I c, „ ,,"' wirP) /./. c, Pi' A- i i o CC-c. ;:' N , / ",- .' ''' Os' e .0 `5> ,,P. 40,, / / 0): 0 00 co / / e cs,,• , , ,00 0-' ,3, , c \ ,7 ,,z 7 .. ..•v 0 , , , , , , , ,, , Z\N / / , , e, , , ____, e , , , , /0 _re • „'' .7.• 1, __, / / „ •c, 0 / \g/ 0 iCr ,;;'GN3 et sO ON \ •• // g ricrci<IC in o/ re.\6*•....)-'-,v, e , ./ /1 o VP ee NIV I. ../ o/ IV 0 ..,, o/ ' V N p/ • •e.,,,,\ 4cic - , ...y- o . &V/ Irs \ (• G.') 0 4:C +i2.2it,.\ 0// P Ltc, '--)NO / 14 Cil . 0 (21 • 0/0/ ,,,,z\-c, • -( /f 4,4ie z:, ci fc 0'Lz , ,. -c- 9/2 -'111- o/(Cc 4ce it..r.1,,Vk % fir, t,;d c> ?) \ ---." 1 vo 0, c' 0,41 \ . .•,,,, •,,• .,-, Ilnathorized alteratIon or addition to a survey , % map bearing a licensed land surveyor§seal is a di '' vtolotlon of section 120,1,.12,11,510n 2,of the Nefx York State Education Lae• ,',i i,,, • , / 1 il , ."d=nfrorf NOTES: i`-i', 'I liV' A \, t ,3 Y stamped seal sholl be considered to be valid!rife ' .; ''.6 t 1 copies' V:.10,411,1‘,., , ' r-,::.! • MONUMENT FOUND 1, 1':;%, <,.,'-'1, ' ,,'',`:) .CertlfIcotions indicated hereon signify that this serve,i rtas prepar ed In accordance.Ith the ex- isting Code of Practice for Lond arveys adopted Li by the No.,'fork State Association of Professional ''.., :. ',/ e ,l:,,,'t Land 5orveyors Said certifications shall tun only i.,,.,,,M% `‘ ., . • ,, ,Prfx 7 to the person far.horn the surveg Is prepered, El 'AS ,v,,'116:,,,-. - ,,,,,,,‘,'2P -,..,-, i., P 4 6",''''''', ond on his behalf to the title compar.y,governmen- tal agency old lending institution listed hereory and to the assignees of the lending Institution Certifica- tions ore not tconsferoble to additkmal hotitaions AREA = 5-1,441 S.F. OR 0.86 ACRE JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET''''''''': ''''''Ll' ' 7:1--''''''' N.Y.S.LIC.NO.50202 GRAPHIC SCALE 1"= 30' RIVERHEAD,N.Y. 11901 MNMI==I=IIIMIIMIIIIMIMEMMIIIIIIII 369-8288 Fax 369-8287 REF.\\I-Ip server\d\PROS\04-246.pro lanomoo4 i.sx...setx Wtt serverse,ROS‘04-2XSofe 0 TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLDvNY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey www.northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved 20 �� Mail to: Disapproved a/c '5/2 4/ Phone: Expiration ,20 --- ..�--�vp `, Building nspec . n \t c4__:-.i. ,----- v.i .'\\\\ Y ' APPLICATION FOR BUILDING PERMIT k___ ____------1,. ' Date May UP , 20 05" :� � o�= }V.,- — INSTRUCTIONS a. s application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector ' issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code,housing code,and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of appl'cant'‘,r M:1 e,if a corporation) To . 60x s .,0 - CuA-o,o ue. , ki V 11�i3S (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises 10 P.% pro?ex-hes ! LLC. 1ici-idl.rd F. So snyaK ;Tr. (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: OQR50 Main Rd . 64 ah 03ue, House Number Street Hamlet County Tax Map No. 1000 Section 1 0 a Block 3 Lot / Subdivision Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy A 14o body re pa.i e S h o b. Intended use and occupancy Sage,,, 3. Nature of work(check which applicable): New Building 1/ Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost 47 30, 00. Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units AJJA- Number of dwelling units on each floor #1/q. If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. G'Dirtn')ercia-I 7. Dimensions of existing structures, if any: Front 3(o Rear 3(.o ` Depth 45 ' Height 1g Number of Stories / Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories S. Dimensions of entire new construction: Front ijg.5 Rear la•5 Depth 36.3" Height f Z Q-5 Number of Stories / 9. Size of lot: Front 180Rear cU a, (07 ' Depth /75' 10. Date of Purchase 10— c95_Oil • Name of Former Owner Ah-ch J,n ka s AI l a-n o 11. Zone or use district in which premises are situated R 110 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO t. 13. Will lot be re-graded? YES NO 1/Will excess fill be removed from premises? YES NO t/- RQ A RQA -rd per-lies, u_C. 14. Names of Owner of premises'I chard E 6ozsrly&K Address 37517 L'ir"id jeL„-�u'/ghone No. Coat- $5� Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO — * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) f S: COUNTY 0 .1 kellehelO'n 00ik being duly sworn, deposes and says that(s)he is the applicant (Name of individual siing antract) above named, (S)He is the (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 knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn tiOefore me'this , day of 111L 20&i • Nota P . 'c Signature of i,pp'c. it SUSAN J.NAGY Notary Public State of New York No.4896735 Qualified in Suffolk County Commission Expires May 20Q2 1. t :7C,3 ►rw- s a— - , �. r bVJN -Si➢1J'TllOtti, N V-YO iK Y ACTION OF THE ZONING BOARD OF APPEALS DATE ,..16*.. ases Appeal No. sais Dated ante vses ACTION OF TIM ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To llama Xam. Appellant 141143% Stead Stequaaib Svossaxt • etrktebeigae Sark ' ---- at a mes.thw; of the Zoning Board of Appeals on witalmikertanteu1166the appeal was considered and the action indicated below was taken on your E ) Request for variance due to lack of access to property ( ) Request for a special exception. under the Zoning Ordinance t ) Request for a variance to the Zoning Ordinance ) 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be,denied pursuant to Article ..... ..... .Sectian .... ..... Subsection ,.....,..„....,._. paragraph ...„..,......�,._. of the Zoning Ordinance, and the decision of the Building Inspector C be reversed ( ) be confirmed because Solsoloraltt, igatis, .0114ink 2044 awl Omagh # o o' mat Witico' Sac aa • L . ti • ettitagmatat itribieleg Strs Seetbstss'$'; • m ,-.77-"t itati nagaapb imam& Ottebagatti. Nitta 4 '- * , by Peqpitalt Armies Soak by trik earbeauf 'by Sato Mot estate. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would)(would not) prodwce practical difficulties or unnec- essary hardship because - AIM IIBURSE (b) The hardship created (is) (is not) unique and (would) (would -not) be shared by all properties alike hi the immediate vicinity of this property and hi the same use district because SOMISS (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) ' • change the character of the district because MIS MOM= • and therefore, it was further determined that the requested variance ( ) be granted ( ) b'e denied Wog e leiweetjoa, tke Applleast. ewe*aistftto .ate preadsee foal akin the laletter* mall, et his balittitsi. T10.4 ,sien coeilit 'be bectate4 ea the 411:*ftltor4 side at the alga weal-4 be aye vete. it ea the etest‘x4 side et bast 41.3.0gOrtest to bate 041e eise teemed ea precesed by the -1,141,1141W- andPiot** wUt* the 10841y estahwitais `. pegattitM r_. '' and ,astfaftbiea t et the Chateme win be ober .,itberathre it vas altiorma , tha - Ilthat* toOr,. Hefter beitatiet leeabld on the south eget owner et the Ada Seed tbjf katridne eonthitteass 1. , %bore Alan bo a alguis ex watt 04teas We steentie+e.,, Thla alga *bell be sweated St* one lt,13 rue MAY* elis alga *tall be subject te oubloolu, • . tr_ • . FORM NO. 4 TOWN OF SOUTHOLD • BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. Date Z 53113 August 2 , 19. 73 Tins CERTIP114.8 that the building located at 1,Eziri Road Pe qtv?st; Avestreet Map No. XX Block No. XXX Lot No;Qc,x_ . .cVt.c.hOgPe. requirements for bRsis building conforms substantially to thenDtpuyiNgfijegini„IRMIXAMAWLibatttcft buil t Certificate of- occupancy dated . . .Bei ore. Apr .23., 1957 . pursuant to which Firdlilifatalifeinit No. Z5343. dated Au u s t 2 , 19.73., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is f?•`,3. .. C. r.i.tb. 1`:.*-.c . P.111-?1 . . rz11Ct F74 s tat ic4= The cc)tificate is issued to l'AHar':1 l'ox 6 1T re oww16 (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval P.r.(,-7. . . . . . . . . -UNDERWRITERS CERTIFICATE No. Ttre- oxistj HOUSE NUMBER . . . .2,9950 Street (( • Building Inspector - . --" ® COUNTY OF SUFFOLK .,: STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING February 23, 2006 Ms. Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Redman,Monte & Carolyn 5704 Raynor, Mary 5711 RQA Properties LLC* 5759 Montauk Bus Service 5778 Kosmynka/Tide Group 5779 Sznurkowski, Alexander 5786 Caudullo, Simon 5787/5801 Johnson,Pat &Barton 5788 • Zevits, Michael 5789 Martin,James &Denise 5794/5742 Hansen, Cheryl 5796 Marron, Thomas &Mary 5797 Rodriguez, Roy 5798 Corcoran, Robert&Josephine 5803 Roses, Dennis 5806 Winter, John&Nina 5809 Hommel, Anna; Righi,Nancy 5812 Baker, Christine &Jonathan 5813 Ireland, George&Elizabeth 5814 Thermos, Barbara, 5825 LOCATION MAILING ADDRESS H LEE DENNISON BLDG.-4TH FLOOR ■ P.O BOX 6100 ■ (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER (631)853-4044 *The following warrants consideration: • • On site traffic circulation is problematic. Consideration should be given to eliminating the access point along the westerly side of Main Road. • The two (2)proposed handicapped spaces should be relocated so they do not interfere with the ingress and egress to Main Road. • Customer parking should be clearly marked and identified on the site plan and in the field. • A landscaped buffer should be established along the south and east property lines to minimize noise and visual intrusion to the existing and proposed residential properties. Very truly yours, Thomas Isles, AICP Director of Planning S/s Christopher S. Wrede Planning Aide CSW:cc M:\ZONING\ZONING\WORKING\CHRIS LD\aug\sd5680.sep.doc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR ■ P.O.BOX 6100 (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(631)853-4044 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 17, 2005 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971- 0959, on THURSDAY, NOVEMBER 17,2005: 1:20 p.m. RQA PROPERTIES (RICH'S QUALITY AUTO BODY) #5759. Request for a Variance under Section 100-241A, based on the Building Department's May 26, 2005 Notice of Disapproval concerning a proposed detached 1760+- square foot building for business activities related to the existing nonconforming auto body business. The reason stated in the Building Inspector's denial is that the property is zoned Residential R-40 and a nonconforming auto body shop use is not permitted to be enlarged, altered, extended, reconstructed, 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." Location of Property: 29950 Main Road at intersection with Fleets Neck Road (a/k/a Pequash Avenue), Cutchogue; CTM 102-3-1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during, regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: October 25,2005. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski APPEALS BOARD MEMBERS "h' ' _ Mailing Address: Ruth D. Oliva, ChairwomanIQ! Southold Town Hall Gerard P. Goehringer '' A. O : 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. �, . G Q Office Location: Michael A. Simon �` ,�� � Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman -.4COU � �`�;�i� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 February 13, 2006 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5759 (RQA Properties LLC) Action Requested: Rear Yard Setback Variance Within 500 feet of: ( x ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures NOV-15-2005 12:39 FROM:WICKHAM —?ESSLER 631 298 8565 TI X17659064 P.001/007 Law Offices WICKHAM,BRESSLER, GORDON' & GEASA,p.c. 13015 Main Road,P.O. Box 1424 Mattituck,New York 11952 631-298-8353 Telefax no. 631-298-8565 This transmission contains information confidential and/or legally privileged. It is intended for'use only by the person to whom it Is directed. if you have received this teleoopy in error,please notify us by telephone immediately so that we can arrange for the return of the document to us at no cost to you. If you do not receive all of the pages indicated, please call as soon as possible at the number above. To: LI n Fax#: '1 LC- DSL From \34.1-e. Date: kr Comments: s art A-1Z odk tivi,LAvIrn +D lr I)C"\ CZ 1"1 rS 04b AN(j. _.1 V.;111 � j�n �� . e b , ?D5+i n5 it. li -in mofllil+r o - This is page one of NOU-15-2005 12:39 FROM:WICKHAM, o '1RESSLER 631 298 8565 TO,-- 7659064 P.002/007 A • ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORIC • X , In the Matter of the Application of AYFIDAT OP MAILINGS (Name of Applicants) CTM Parcel#1000- - - ww✓r• w wHw wwwww�rwwwwwwwwwMM X ' COUNTY OF suFFOLK) STATE OF NEW YORK) • '•-• k7.,tr1rleY residing at b 11JY1 � I r15 5 .tom . .�.. New York,being duly sworn,depose and say that: On the#day of QL► i-. ,,a6�5_, I personally mailed at the United States Post Office in. . ,New York,by CERTIFIED MAIL,RETURN RECEIPT REQUESTED,a true copy of the attached Legal Notice in prepaid envelopes addressed to current o ers shown on the current assessment roll verified from the official records on file with the(i)Assessors,or( )County Real Property Office •for every property which abuts and is across a public or prile street,or vehicular right-of-way of record, • surrounding the applicant's property. ,+1 - 1114M— (Signature) Sworn to before me this day of ,200 (Notary Public) • PLEASE list,on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed, Thank you. NOV-15-2005 12:39 FROM:WICKHAF " -RESSLER 631 298 8565 TO --"7659064 P.004'007 _col ' • ZONING}BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK X In the Matter of the Application of AFFIDAVIT OF MAILINGS (Name of Applicants) C'tIVI Parcel#1000- - _Meww��-�__ -X COUNTY OF SUFFOLK) STATE OF NEW YORK) `J1111 jar°YWY residing at b \ YI - i S A9rt 1 New York,being duly sworn,depose and say that: On the .1 day , I personally mailed at the United States Post Office in ,New York,by GERI tie.lLU MAIL,RETURN RST REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owilers shown on the current assessment roll verified from the official records on file with the(V)Assessors,or( )County Real Property Office for every property, which abuts and is across a public or priv,we street,or vehicular right-of-way of record, . surrounding the applicant's property. (Signauire) Sworn to before we this day of ,200 (Notary Public) PLEASE list,on the back of this Affidavit or on a'sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed, Thad you. NOV-15-2005 12:39 FROM:WICKHAM - -RESSLER 631298 8565 TO: ---7659064 P.003/007 . e, 1000-102-03-02 John E. Dawson 81 Crows Creek Road Pittsboro, NC 27312 1000-102-03-06 William Gildersleeve 165 Pequash Avenue Cutchogue, New York 11935 - 1000-102--03-10 Barbara J. Lutz P.Q. Box 389 Cutchogue, New York 11935 1000-102-02-14 , Baij Farrukh ' - 5 Farmers Lane Head of the Harbor, NY 11780 1000-102--02--15 Emily Victoria James E. Grathwohl 25325 Main Road Cutchogue, New York 11935 NOV-15-2005 12:39 FROM:WICKHAM ° ' RESSLER 631 298 8565 TO:«°'659064 P.005/007 1000-102-03-07 Luz Edith Rojas P.O. Box 226 Cutchogue, New York 11935 NOL)-15-2005 12:39 FROM:WICKHAM : ;RESSLER 631 298 8565 T0: 659064 P.006/007 .S. Postal SrviceTr., •° , ru I _ CERTIFIED MAIL,•,, RECEIPT i ea (Domestic Mr�lr°l7ni Ut S: P stat 5 'rvice, 1 ; r9 y,Na bleu' Cgvcrage Provided) t1 1 CERTIFtgl3,I1/10G-;; FEC IPIT For delivery Intprm5tlO9 titan our wabaftc�et wwvq.uRps.cptt P.. ritliP ,. a , SCJ (�7orffesrlc,Marf t� ry-lJo nsurat�cr�Cotierage Prduld t 111 r-t1u.a .o_ B `'' i Qd) �� t 1 insormedanvro(i our,veUalte.vC WvIV�ones corn ru j. pf'„iYellv�rlh n. fiErtilili .yam- q�T� 11 L S ppq��.•<; 0952 ILp N t ,y' '_f tui �I' _jj, 1 'fj�, % II q� a Certified Fee a ;� BAR t3 2 0 J1,' m Postage $ 0.37 UNIT MI 0952 ci Return Rotefpl RA ��' P arq (FrldaraemesltFtequitnd) '.1,- Rare o Certified fee rqRet4rfated peilvely Fee '3Q u7 (�ndaraemont Required) •, Cl OKZCO fEntlora Return Ro firedMEM Posttest tv • ” Reematetl Dettva • a �, lbVii Postage&Feee V 17/05 (Endorsement Required)e .11111111111 Clerk: KKU id © . mi h "E•13 d)-, . - lbta!Postage&Fen $ 4.42 11/09/05 ooP .M: ) 1.tof ek—et? 0 .gy 2 yejnt J�o JJ��i. 1� �_p:"--(]...+.\`5 1 R_.h 11 C ��11h ,,,awn ''`J1fie *IYVry (J c°\61— /� 3.�r.{ ,In.s hew--,^�rM,w,- orPORrocNa I,✓1 t�JdJ C�—�`1V PP Form Ingo,��n�ennx , .... 91',,111P.9,'ihr Inetrurtlonn ^ \{//�� P Pctrmatm,0 Jiunct,?pe�‘i" tt i t f, 7n FreVCYRP fofrtliVuaryln U.S. Postal SeyviceT�, U.S. Postal Servicert, j CERTIFIED^"MAILTt, RECEIPT` r9 • CERTIFIED MAIL,'RECEIPT , rl {Domestic MallOnl ,.No Insurance Coyerage Provided) en rq (Domestic Molt Only:No insurance Coverage provided) For delivery information ylsit our website ex tv}'nv,u p's,¢t+(tim , un 1 N-it }1 10 ?T.6 { +� tFwn, TM F¢r c1iS y tmetloiVlslY our,we6sltG al,tY{pft�.tlapa,comn, Pona,go $ 0.37 ,,, 0: 0952 rail Postage 666 t 10: 0952 G Centred Fee a90;46.,,,,, rl ® 1 4 © carimo i Fee '' Requited) P M a snarls CI tic0 •Refuel Receipt Fee SOSH�• Q Return ReeM Free '��� ®75� Fete(31d e (3dorsaR4tlRnqulred) e Regarded DOMAIN FeeMfill i Re9MrtedDelivery,aie d02C0 afmonlRaqulred)Lrl V.)Po-11 &Foe a 4•tb,�J/ / I, 05 A 171 F l 1) bra 3gws QS 0. k -W _ o sect 'r %q ., PS Form a8s0,Ju a PDt,? rn rho nrpn fpr In Ft 1fgIIonCa r 9 Form!3Aepdyne` �i "� r 1.1.• �• ` ?er2 . 'Rea R'evnrnr-for rngtru'ntlo,14 a Service . _ 1;11 U.S. Post -U:S, Postal ServlceT CERTIFIED MAILTN RECEIPTc /� 1-9 (Domestic,Mail Only;NoignurenoeCoverage Provided) f� � T IFII.IJD} /ylLTht RE,C EIPT 1-.1 (tionmief(c,Mail Only, P Provided)No Insurance Coverage ' m For dmllvre y tniorinatlon.°vi 1I nur wdb�lleAl yvww.uaps oom n �o r For Ccilvery inrormetton Visit oupwob'sitet v,r ,auTwA ept;cotttr; N Powe $ Q.37 . ai 0952 — n .•laic p ColAified ren 6, rl Postage Q 'J r i, ;", ,0952 IMMETAPii 111, Po= ark ri Certified Ril a BritainRveerpt Pen � lien, 2.4e* t ` (Endorsement Required) i . a Return Receipt Fee i ... tit>knetk 0 % (Gndorrshem Required 2Flare ''j ( tee ewe nnnt Required) Cler U01( f -- 1J-1 ReeMafae Delivery ran a; ('l�, 1y (a,dorsamnnt Regaimat maw twat pimp,&FucaV ` ' - 'l' Tbte1 Native&Goan $ 4'y� ' d Sent To orr0DBox No. C rtne ray --- __ ,_.�.......... 37efe 1r _ \-e,_ AAS 1 1,1.-11li � 'Bigq(e Zi ......n, ,�_.....,... PS F,, -„kirt,,SOn? , '''�. : ! ,C,nn 1�nvnfnn,fa�InclruClio�I?Sr' ��.. d�� 1 1)S rori alio Juin Pnll,5.1 r ",',, ,11" •,J SCC.Rav9SEQ 1nr IIt?tyilciJrI116,P. NOV-15-2005 12:41 FROM:WICKHAM ° 'RESSLER 631 298 8565 TO:«17659064 P.007'807 i . - J e I ~ •ri SUMER,COMkETF:TilfS SECTION 1L1PL8TTHIS SECTION ON THIS DELfVLRY ., . • ' P. 1 IER3P "'R Pm o Complete item .i,2;and 8.Alio cemplete �' / O Agent y',f,,r�.��l����;. ,�,� �% S 7a item�41f R9.strict9d De1NB1y is desired. , �i�7r���"L',� •ddrr.� .y\i, ••• : 1 -9.1 I le Print your name and address on the reverse .' /L.r� O l • eo that we can return the�� ,will Del fi} R E g 1 R ` ■ Attach this Card to the back of Oho mellplace, w , _, • m or on the front if apace palttlKe• D.le derisory Odium diifotoraimm Komi' a w t� ^[>.O ro M , I. Article Addressed to; ��.7.� � - If YES,enter delivery addmea heroes: 0 Nq 1 5-- uitls, (73,,, lEni\v\'' '' 'sf . gg, rs Th. ',Ill I 00 .. 9 c al 15 t 135 3)7 1"10.,Yti' �`b� _ 3;Service Typo Cf Z 1 11R3� a ad Mall p Expraaa Men m y�0 �t Registered Irl Return Receipt for Madrand El Menrid Mall I3 CAD. 4. Restricted Dellvery1(brba'F ) ❑Yes 4 P v m X P 0 2. Article Number 7._5_C�4 2 513 131101 2573 8155 II 7 (17Thwfbr fr m sav"I'labe<1 ..�.» ' �, 1B ro S Form 3811,February 2004 I]omx tic Return Receipt 1028115-021M-1 g Kim m SENDER:,con4ALEr+;TI-I. SECTION '.' COMP�CTL'THIS,SECTION ON DELIVERY ' I. '" ` Complete Items 1,2,and 3.'41so complete A.slgeahsre �, Q Ei a } 11, item 4 If Restricted Delivery la desired. `" CI c a ` K Print your name and address on melte Agent ' / _ . ! • ' re E g'' -' ik 441 I I n � � �' +3G that wo can rn4um the card to you, IliplylgiRrr.C' tw Attach thio card to the beck of the mellplece, C,t>�of d�'� � .... � � I or on the finttt if space perrnita. .. .• ,, a P.isdn veiyeddta�sdlftemnt9tomIhomf7 ■ Yes �, li. Article Addle xd to If Y8,enter delivery addKese below: Q No d >a p�„ p'� ,i ,�00.,r,� %..)t1 1\11-N I„41_ leo seFi .. .... .. . N 4 f',c , Il cs5 a. See-rfce lye , i(Ceitlf1ed Mall 17 Expo=Malt Crl leglatored a Iietum Red*for March= Et insured Moll , G C.O.D. . 4. Restricted Delivery?(Drtra Fea) 0 Yea 2. Anldo Number (I?gngferfrom serolceWig • 713134 25113 1313132 C5 r3' ,7 ; • PS Form 3811,February 2004 Domestic Return Receipt`+ topsuss nn SENDER•COMPLETE Thus SECTION ;1 . Cbri.7ALETE TN's.SE_c710N pN' DELIVE!'fY ■ Complete Items 1,2,and 3.Also complete A. Signettwo , • Item 4 If Restricted Delivery Is desired. CI Agent I Print your name and address on the rovorsn .4__._ . y 0 Adds so that we can return the card to you. S, Received by f Printed Nerrle) C.Date or Der • Attach this card t0 the back of the rnaliplocc, �� ��; S +�,� r t !�.$ or on the front if apace permits. 1.Melo Addroseed to; D.b dolively address dltfreenttram item 17 1:1 Yira If YES,enter dollvery address below: El Na l \X)'11\-as '. Q,'r .rS v\L ' czAGvNiks C - 3. Service lypo Cortntod Mall i3 ossa Mail Reglritered 0 Return Receipt far Menhir El Insured Mall ID C.O.D. ' 4. Restricted Delivery?(Exec fes) D yea 2. Article Wittier 713py 25 ,13 pI] 2573 8]r � (17arrsfsf t'om ser ie',label) Ps Form 3811,February 2004 Dommtio Return Receipt 102510.4324ii . ■ Complete items 1,2,and 3.Also complete A. Sig J e item 4 if Restricted Delivery is desired. X Get ❑Agent • Print your name and address on the reverse /��/ •Addressee so that we can return the card to you. . - ceived by'Printed Name) 1 f Dervery • Attach this card to the back of the mailpiece, a i I or on the front if space permits. D. Is delivery address different from Item 1 es 1. Article Addressed to: If YES,enter delivery address below: 0 No £111)111 V 1 -\W\ ONK (� Ja S 3)---5 M0.ir � S 3 - -: . Service Type V\O `4y \\ck37 /Certified Mall 0 Express Mail Registered 0 Return Receipt tor Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Art''c "?mber - (T,;,,,,sferfrom service labeq _ 7004 2 51 0001 2 57 3 815 5 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE 1 11 11 1 First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD,P.O.BOX 1424 ° MATTITUCK, NI 11952 RECEIVE® NOV m j 2005 X174: • I• .I6�Y •3(1071-ffKe1i41»41rr:II:1414oiiLihNot/+141117 l:l' ■ Complete items 1,2,and 3.Also complete A. Signature / item 4 if Restricted Delivery Is desired. �• Agent • Print your name and address on the reverse X 4A' 0 / IN Addressee so that we can return the card to you. B. R-.eived by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. d"-la, L, S D. Is delivery address different from item 1? • Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Q,,,.r10\ 3arL„ z P, o _ �bx3 � . . • , �0 ,�,J ,I�35 3. Service Type ' E(Certifled Mall 0 Express Mail ❑Registered 0 Retum Receipt for Merchandise ❑Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7004 2510 0001 2573. 8179 (Asnsfer from service label) , , • . , PS Form 3811,February 2004' ' ' '' Domestic Return Receipt- 102595:02-M-1540 UNITED STATES POSTAL SERVICE 111111 First-Class Mail Postage&Fees Paid USPS Permit No,G-10 • Sender: Please print your name, address, and ZIP+4 in this box • WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD,P.O.BOX 1424 MATTITUCK,N.Y.11952 A V55 IN ED i,,,1 i,,,111,4,,,I,1,,,1,I I1►„1,I„1,i,,,1„1„1,1,1,.1,1„1I ziog •1/' gm*:9*.egrom-W1010tJN41410I1zWYXN>ILUdOlffIC411,/moi' ■ Complete items 1,2,and 3.Also complete A. Signature / Item 4 if Restricted Delivery is desired. //�� ❑Agent • Print your name and address on the reverse �/ A' / 0 Addressee 'so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, L,JF ��- S�G`� 1�� or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No \kl j)1)ON\ (a.AQ .SV_9.Q, 1 oS -c) w3\sk Qu--R 2 ,x� t` `\t 11 G 5 3. Service Type Cli.jCertified Mail 0 Express Mail Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7004 2510 0001 2573 8131 (Transfer from service label) . PS FoPm'5811;February 2004' i i ' ` Domestic'Retum Receipt 1021595-02-nn-1540 UNITED STATES POSTAL SERVICE 0 Ill First-Class Mail Postage&Fees Paid USPS Permit No.G-10 ,' • Sender: Please print your name, address, and ZIP+4 in this box • Ivo V of 205 WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD,P.O.BOX 1424 MATTITUCK, N.Y 11952 :14Z11,14G ••Ii;�1Y101414a1.71�zigettola NKRMI»*14uY:1L.SYgoiICiPMLUJIii141Pl4a ■ Complete items 1,2,and 3.Also complete A. S'..!•:lug, \ .,• % ❑Agent item 4 if Restricted Delivery is desired. �� l• Print your name and address on the reverse X . 0 Addressee so that we can return the card to you. .B. Receive• b (Printd Name) C. Dat of Delivery ■ Attach this card to the back of the mailpiece, , /("7.or on the front if space permits. _ 1\Z. (A.—. A D. - D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to:, 1 If YES,enter delivery address below: 0 No 123, i C „_J \ FOX('�1�r\ im-2 YS \3\..suis2r rib \...,\_,A. WriAlol)r-,Y\ .-\ 3. Service Type l i 18'D cV Certified Mall ❑Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Mall 0 C.O.D. • 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 1 7004 2 510 0001 2573 8193 (Transfer from service tabeq _ PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • WIC M,BRESSLER,GORDON EASA,P.G 13015 MAIN ROAD,P.O.BOX 1 424 MATTOCK,NI 11952 • RECE WE® NOV 1 5 coos i„,il,,,iil,l,,,l,l,,,i,iii,,,l,l„i,i,,,i„i„i,i,i„i,i„ii •4i1J S POsg.tal,SerVICeTM ,,, . 1mCERTIFIEDVA11 --` EL'; t' .P— r9 , (Domest!c Mai(only;NO 11,,,,,...,„„ince Coverage Provided) For- lnrerYoinformatgontvigt our website atxwww usps.c,om®, •, fY1 3r as f r % = y'a i` N CU O G �9 5 ct :,;,v,‘,,,, u if Postage $ '0:-666.;:, ID: 0952 ra Certified Fee2. r 1 000-1 02-03-02 II= Cr)-ostmark O Return Receipt.Fee 1.75 e- fi Here John E. Dawson (Endorsement Required) Vj 81 Crows Creek Road Restricted Delivery Fee ;. VOXZC0 r� (Endorsement Required) �."j� Pittsboro, NC 27312 ix) %r �` N Total Postage&Fees $ - f 705 1 1000-102-03-06 .=- William Gildersleeve o Sent roW I\\.)Cl� • I t1 "tr5 �- 165 Pequash Avenue P.- Street Apt.No.; Cutchogue, New York 11935 or PO Box No. City State ZIP kk' 1000-102-03-10 IIS �� �� 1'g I.U S' Postal Sery ceTM '. :::,,,,C ., , " , Barbara J. Lutz ° CERTIF:IED1MAIL''R=ECEIPT P.O. Box 389 r/ ponteshci!Ma I°Onl b'.No Insure(e0`Cove ageProvidetl)yC Cutchogue, New York 1 1 9 3 5 m n.For_delivery nformationvisit ourwebsite'at www usps com®;5,�p G„wNariW : 1000-102-02-14 flE' '� !l51 k., $ E - BaijFarrukh ' , ` • -• , „ �' 0 ��6•r I. 0952 Postage $ 5 Farmers Lane a O Certified Fee Y 2•x4 /� (' Head of the Harbor, NY 11 780 ' o -ostt,ark O Return Receipt Fee �v (Endorsement Required) Here Oy 1 0 0 0-102-02-15 Restricted Delivery Fee i C1 '—, (Endorsement Required) �J , ZCO Emily Victoria m ��,.. James E. Grathwohl Total Postage&Fees 4.42 ' X05 25325 Main Road = o swarm Cutchogue , New York 11935 0 ....0-1 /k1-c, Jbgy, Lv,- -L I I- Street,Apt.No.; . � n ry G or PO Box No. Q.0 �e� �7• r” a c r tiU S`: Postal ServiceTM l' City,State,ZIP 4 ry f r ,, CERTIFIED MAILTM RECEIPT -e-`''' poStalr$er 'o LTM RCEePg provided Y,` Insurance Coverage Provided) us. MA ce Co TI �ED N urarl SPS corn®' (Domestic Ma►I Onl No For delivery information visit our website at www.usps.com® N GG CRY No, u- i rrl .R Mall i ' ebsde aW �ii 0- 1 ` pt mesttc , v,s tour w„ m Cl C OGUE� �Y 1�l�5 3f 7 ra ( . tormat�9n , ' la; RJ co • Foridglrvery.. y, j7 'y; �L .j. V7.+.^ Postage 0.37 ID: 0952 m _ p,` t C ' U 3� 1 O Certified Fee s666� [`' p $ c� o k Q 2. .1W' 6-:\ t71 Postage �Q®Qr P o Return Receipt Fee ',jar o (Endorsement Required) 1 75A- H=ren Cer►ifledFe° \`...c QKZ Restncted Delivery Fee e �_ @ '• CQ '-' (Endorsement Required) y' C� • Ut°! [ celptFe �,: Cl q ) Z �. O Rete ea ReAuited� `�a , �i1i \r7 � (Endotsem Fee , 0,1/05 U S ;PO'stal`ServICE'TM p Rest'tc1ede iHeq iced) k2 � (Endotsem - CERTIFIED MAILTM RECEIPT tr► &Peas $ co (Domestic Mail Only;No Insurance Coverage Provided) ! N ?otaiPosta90 ' ------.... For delivery Information,Visit our website at www.us..,., ® ` - �(�1- ---- , m .4 ,,, r' t ax P Se T }(�2�Z F.i............... .. 4 �` tt to ' L ( ° ! O �... t.No•--•l•�w- —17J`dam Gt onf`! �l i /:st �� C'' Street,AP o ,..... a 5or lns�ru ru , or POBoxN 1.,:1322,9„,i,Re�ve ',' Postage $ 0.37 • i 0952 - 1 airy.Styy t4 ,.,,�f� o Certified Fee 6. 1 une 2 ;� -"° " 0 t \ PSFor3pp. � o Return Receipt Fee Post ark'' �_ (Endorsement Required) , Her 1_1 Restricted Restricted Delivery Fee �� 1 u7 (Endorsement Required) ,CIer�y UQ(� 1 Total Postage&Fees N. . , ' O Sent To • . r- Street,Apt.No.;`'`' a,N or PO Box No. `) FA.CM tics Lat-Q_- City State,ZIP+4 I lis'Fo;m 380Q,une 002 u q a . _a...�� - � See�Reverse.forinstructionso -' 0 ZONING BOARD OF APPAsS _ j TOWN OF SOUTHOLD: NEW YORK t /) f �S ��() f IPI AFFIDAVIT OF MAILINGS ----- X In the Matter of the Application of 1L, �bQ (Name of Applicants) CTM Parcel #1000- - X it COUNTY OF SUFFOLK) STATE OF NEW YORK) i I,•)k I I ArY}QY residing at LI b`1 W I bob i f S S'\'T22-\c- GY1pi7 7 '(\V \1 °OA ,New York,being duly sworn, depose and say that: 1 On the ,\ day of (Ib I Q b - ,ab'D5 , I personally mailed at the United States i! Post Office in ,3 ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (4 Assessors, or( )County Real Property Office , for every I property which abuts and is across a public or priva.ie street, or vehicular right-of-way of record, surrounding the applicant's property. sp.)/k- V (Signature) Sworn to before me this day of ,200 NOV 1 6 2005 (Notary Public) ZoNINC BOARD OF APPEALS PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. • ' o ti 4 14►U»:IiC•Z•P/20MArr:&Y�yx 111-01ffK• lf4rarr;rl*2lrireff .iffu4/117a:1- ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. 0 Agent • Print your name and address on the reverseCLa.4.4-40:2,2----1:1 Addressee so that we can return the card to you. eceived by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, - or on the front if space permits. D. Is delivery address differed J m Rem 1 r-3-yes 1. Article Addressed to: If YES,enter delivery fess below ko \ t) E, hc�wso-m o 0 2) 01_bw s ejc-eek P.a r`� Q In e, a i 3 1 a - etc, ' " V j il'S bD I'D ) 3. Service Type �� Certified Mall 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7;0 0 4 2 5;1 g,�,,P_PE7.� 2 5 7 3 8124 (Transfer from service labe0 _ 2 . PS Form 3811,February 2004 Domestic Return Receipt— - 1o2s9s-o2-M-154o UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • Sender:,Please print your name, address, and ZIP+4 in this box • RECEIVE® OCT i •i 2005 WWKNAM,BRESSLER,CORDON&CEASA,RC. 1 33015 MAUI ROAD,PA.BOX 1424 MATR UcK,N.It 11952 - 1I ': COMPLETE THIS SECTION •uPLE •. •N DELI' i' • Complete items 1,2,and 3.Also complete A. ',natu e Item 4 If Restricted Delivery Is desired. elf, ❑Agent II Print your name and address on the reverse X i — 0 Addressee so that we can return the card to you. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mallpiece, or on the front if space permits. D. Is delivery address different from Item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No 30\1\1/) a, bONDSM'NNOV f' lbw ,f\e-- a—)31 D, 3. Service Type 'Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service labeq 7004 2 510 0001 2573 8162 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • RE SIVE, Nov 1 7 2 WICKWAM,BRESSLER,GORDON&GEASA.P.R 13015 MAIN ROAD,BO.BOX 1424 MA1n1UCK tt 11952 • • Complete items 1,2,and 3.Also complete A. Signat f item 4 if Restricted Delivery is desired. AO i0P ❑ '= MI Print your name and address on the reverse LL. f ���=� Addressee so that we can return the card to you. • of d elive e■ Attach this card to the back of the mailpiece, / / Fir. - or on the front if space permits. d ILA 6 • D. Is delivery address different • item 1 0 =s 1. Article Addressed to: . If YES,enter delivery address below: 0 o Lwz_ +-v\ R s p t��fl 1 I 3. Service Type vv` - 3(Certifled Mail 0 Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7004 2510 0001 2573 8186 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail 11 11 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD,P.O.BOX 1424 MATTITUCK,NI 11952 RECEWEO NOV 1 6 20°- 1 :1r•Z•71 ail* HIS S C ION KWh •7aigwarrori • Complete items 1,2,and 3.Also complete A. Sig ture item 4 if Restricted Delivery is desired. 0 Agent • Print your name and address on the reverse � � � / 0 Addressee so that we can return the card to you. B. Receiv dp by(Pdgfed�e) C1 Da Delivery • Attach this card to the back of the mailpiece, Itl—l� X11 / or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? CI Yes If YES,enter delivery address below: 0 No BeV-IA c63\ 3OMY. LMS 0 001 VA 3. Service Type lir Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restncted Delivery?(Extra Fee) 0 Yes 2. Article Number 7004 2 510 0001 2573 8117 (Transfer from service labeQ PS Form 3811,February 2004, ,Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid i USPS • Permit No.G-10 • Sender: Please print your name, a'ddress, and ZIP+4 in this box • RECiiVLU UC IY I 1 2005 WICKHAM,BRESSLER,CORDON&GEASA.P.C. 13015 MAIN ROAD,P.D.®OX 1424 MAumiCK.N.Y 11952 rcu u L IifitiiiillltitlIIIA IIIIIIIIliIiiiilti mi liiiiiiiiliiiiiiiii Iz ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK _ X 4//7/p 6,-1,0 In the Matter of the Application of AFFIDAVIT OF MAILINGS (Name of Applicants) CTM Parcel#1000- - - X COUNTY OF SUFFOLK) STATE OF NEW YORK) I,J 41 it,TUrnele residing at Li b'1 \ ii 50yt r S 5' 2Q--iGt`2k Y1pb'c7 '(\V 1 " � A ,New York,being duly sworn,depose and say that: J On the day of (lb , I personally mailed at the United States Post Office in ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUES lED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the(4 Assessors,or( )County Real Property Office , for every property which abuts and is across a public or prive street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this - r , day of 11 , 2005 AMY M.BUNNING NOTARY PUBLIC,State of New lb* No.01 BE5039767 Qualified in Suffolk County Ota` Public) Commission Expires February 27.-14•67 7 PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. / C,==., 41. 6 ; r 11jl?)(C) S 26fr I-' �- ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of AFFIDAVIT ao OF MAILINGS (Name of Applicants) CTM Parcel#1000- - - X COUNTY OF SUFFOLK) STATE OF NEW YORK) I,\ikII-�� 1,trnQlr' residing at 1-161 V)-I 5(;),-1 fS 5-\--t-ezVGm_e nr,(c, '(\1 i \1 �-k`k ,New York,being duly sworn, depose and say that: I On the - day of b b-+LY ,Ab v5 , I personally mailed at the United States Post Office in ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUES lED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (V5 Assessors,or( )County Real Property Office , for every property which abuts and is across a public or prive street, or vehicular right-of-way of record, surrounding the applicant's property. ...1,64 0 /\ -- ...,/- (Signature) Sworn to before me this day of , 200 ��� � ,' NOV 1 6 2005 (Notary Public) ZONI��G,r..9 OP APPEALS PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed, Thank you. r U'S Postiervice,TM J ERTI61-1j— J ` lLTM:RECEIPT (Domestic Mai! +IVG rn nce Caovera:Provided • m r tFor tlellueryrl0fo�matfonVsit ourwebsfte atwww uses comp CUTCHDGUG, ir+lY u11935 [ '. U RJ Postage $ 0.37 UNIT 1D: 0952 Certified Fee 1000-102-03-07 O ReturnReceipt Fee 2.30 Postmark Luz Edith Rojas (Endorsement Required) 1.75 Here t-q Restricted Delivery Fee P.O. Box 226 (Endorsement Required) Clerk. KKUSRW Cutchogue, New York 11935 ru 4.42 11/09/05 Total Postage&Fees 2 Sent To s �' Street,Apt.?to.; •• r" or PO Box No. U - Y a. e City State,ZIP+ 1^ "l (� V \t,row 1\ 135 PS Fo rn"#3 00'June'2002� 'N` g �, ,,,See Reve�e"fo�Instructions • • RFCEMED ZONING BOARD OF APPEALS NOV 1 6 2005 TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of ZONING BOARD OF APPEALS AFFIDAVIT k.G)1/ OF SIGN POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- - - ----- X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, c).•(.. .Lic_g4D2.0..le...V......-'6ffesiding at 315CD%' � 3.0. ,New York, ng duly sworn, depose and say that: On the I AA'\ day of O DW A ,fib b 5 , I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10)feet or closer from the street or right-of-way (driveway entrance)- facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to that date of the subject hearing date,which hearing date was shown to be \\\'t- c.c1C.,g OS, rA(V- (Signa ) Sworn to befor- me this day of tiliGYA ,200.D (Notary Public) Notary PublCheryl tate0 New York NQualified In Suffolk Co Commission Expires February 2c 7 *near the entrance or driveway entrance of my property, as the area most visible to passersby. U Notice pproval, amended Sep- der Sections 100-32 and based /\ Qi `S tember 5 concerning a proposed on the Building Inspector t 23, 1 \ � addition and alterations to an existing 2005-Notice-of Disapproval;for area, dwelhng,creating a total side yard set- width and depth in this division of back area of less than the code required merged lands,conveyed by deeds after " 35 feet (15 and 20 feet),at 710 West May 1983. The reasons stated in the Shore Drive,Southold;CTM 80-1-46.1. ' Notice of Disapproval are that the lots 9:45 a.m.RALPH PASSARO#5790. aro merged,and no deed of record was Request for Variances under Sections found for separate lots 7.1 or 7.2 (re- 100-33A.4 and 100-244, based on the quired for lot recognition under Section Building Inspector's August 31, 2005 100-24A-1).Location of Property:-Cor- f` • Notice of Disapproval,concerning as- ner of Horton Road and Bittersweet built additions at less than 50 feet from Lane, Cutchogue; CTM 104-2-7.1 and the rear yard line,and as-built shed lo- 104-2-7.2. cated m a side yard instead of the code- 11:10 a.m. JOHN and JANE ANN required rear yard, at 875 Deerfoot INGRILLI #5734 Request for Vari- Path,Cutchogue;CTM 103-4-6. ances under Sections 100-33(100-30C) 9:50 a.m. SIMON CAUDULLO and 100-244B,based on the Building In- #5787 and as amended under#5801.Re- spector's Apn112,2005 Notice of Disap- quest for Variances under Sections 100- proval,amended October 24,2005,con- 12 and 100-244B;based on the Building cenung removal or the existing garage Department's August 24,2005 Notice and-construction of a new accessory of Disapproval, amended October 24; building with garage and storage on the 2005,concerning as-built additions and first floor,and workshop on the second alterations to a non-habitable building floor and plumbing for a half-bathroom. with nonconformities in the following The reasons stated in the Building In- _ areas:(a)less than 35 feet from the front spector's Notice of Disapproval are that yard line,(b)lot coverage exceeding the the building is not permitted because code limitation of 20%lot area,and(c) the setback will be less than 50 feet from living area less than the code required the rear yard line and that the workshop minimum 850 square feet for dwelling use is not a permitted use Location of use,at 970 Seventh Street,Greenport, Property 10375 Nassau Point Road,Cu- CTM 48-2-19 tchogue;CTM 119-1-15. 9:55 a m. CHERYL HANSEN RE- 1.20 p m. RQA PROPERTIES VOCABLE TRUST#5796.Request for (RICH'S QUALITY AUTO BODY) Variances under Code Sections 100-33 #5759. Request for a Vanance under and 100-239 4B concerning a proposed Section 100-241A,based on the Build- accessory garage located partly in a side mg Department's May 26,2005 Notice yard instead of the code-required front of Disapproval concerning a proposed or rear yard,and at less than 75 feet detached 1760+- square foot building from the bulkhead, at 445 Ehzabeth for business activities related to the Lane,Southold,CTM 75-5-3. existing nonconforming auto body buss- 10.00 a.m. ELLEN J. McNEILLY ness The reason stated in the Building #5800. Request for a Variance under Inspector's denial is that the property is Section 100-244,based on the Building zoned Residential R-40.and a uoncon- Inspector's October 18,2005 Notice of forming auto body shop use is not per- Disapproval concerning proposed ad- mitted to tie enlarged,altered,extended, damns/alterations to the existing dwell- reconstructed,or placed on a different mg,which will constitute an increase in portion of the lot or parcel of land occu- the degree of nonconformance when pied by such use on the effective date of located at less than 10 feet from the this chapter,nor shall any external evi- code-required minimum side yard,at 70 dence of such use.be increased by any Vincent Street,Orient,CTM 26-1-5. means whatsoever."Location of Prop- 10:10 a.m.MONTAUK BUS SER- erty:29950 Main Road at intersection VICE,INC.#5778. Request for a Spe- with Fleets Neck Road(a/k/a Pequash cial Exception under Section 100-141(B- Avenue),Cutchogue;CTM 102-3-1. 6)concerning a proposed Bus Terminal The Board of Appeals will hear all use and related building areas located persons,or their representatives,desir- at 115 Commerce Drive, Ciitchogue; ing to be heard at each hearing,and/or CTM 96-1-12.Zone District:LI'Light desiring'to submit wntten statements Industrial. - before the conclusion of each hearing. 10.20a.m BARTON and PATJOHN- Each hearing will not start earlier than ;77 —� SON #5788:• Request for a Variance designated above.Files are available for under Section 100-239.4B, concerning review dunng regular business hours at demolition of an existing dwelling and our new location at 54375 Main Road, proposed new dwelling at less than 75 Town Annex NFB Building,First Floor, feet from the bulkhead,at 860 Bayview Youngs Avenue and Main Road,South- Drive,East Marion;CTM 37-5-7. ' old.If you have questions,please do not 10:25 a.m. MICHAEL ZEVITS hesitate to call(631)765-1809. #5789. Request for a Variance under Dated:October 31,2005. Section 100-244 concerning a proposed BY ORDER OF THE new dwelling,'based on the Building ZONING BOARD OF APPEALS Department's'June 22,2005 Notice of TOWN OF SOUTHOLD Disapproval, amended-September 13, RUTH D.OLIVA2 CHAIRWOMAN 2005,for the reason that the new‘con- By Linda Kowalski LEGAL NOTICE struction will be less than 35 feet from _7610-1T 11/3 the front yard line and Less than 75 feet SOUTHOLD TOWN from the bulkhead,at 1450 West Lane, BOARD OF APPEALS Southold;CTM 88-6-18.5. THURSDAY,NOVEMBER 17,2005 10:30 a.m. PREMIUM WINE PUBLIC HEARINGS GROUP LLC #5784. Request for a NOTICE IS HEREBY GIVEN,pur- Variance under Section 100-83C,based y� Q t1 suant to Section 267 of the Town Law on the Building Department'sAugust 9, ; V and Chapter 100(Zoning),Code of the 2005 Notice of Disapproval concerningt1 /?f v� ' Town of Southold,the followingpublic P proposed additions and alterations con- C T' hearings relative to Chapter 100(Zon- netting two existing buildings,resulting 44 • ing),will be held by the SOUTHOLD in a linear frontage following the new TOWN ZONING BOARD OF AP- construction of more'than the code • PEALS at the Town Hall,53095 Main limitation'of 60 feet on one street.Lo- Road, P.O. Box 1179, Southold, New cation of Property:35 Cox Neck Road York 11971-0959,on Thursday,Novem- at Sound Avenue,Mattituck;CTM'121- ber 17,2005,at the times noted below 06-01. (or as soon thereafter as possible): 10:40 a.m. JAMES and DENISE • 9.30 a.m. JOHN`and'BARBARA MARTIN#5794 Request for Variandes CONDON#5785. Request for-a Vari- under Sections 100-33 and 100-242A, ante.under Section'100-244,based on based on the Building Department's , the Building Department's August 31, September 28,2005 Notice of Disap- 2005 Notice of Disapproval concern- proval, concerning as-built accessory ing a•proposed addition at less than 35 structures (trellis, hot tub structure, feet from front lot line,at 1755 Sigsbee shed),expansion of the swimming pool, Road,Mattituck;CTM 144-2-12. and alterations of an existing shed to an 9:35 a.m. MARTIN KOSMYNKA outdoor shower and changing area re- (contract vendee) and TIDE GROUP, lated to use of the swimming.pool,and INC.#5779.Request for a Variance un- storage.The reasons stated in the Build- der Section 100-43C,based on the Build- ing Inspector's Notice of Disapproval ing Inspector's August 2,2005 Notice of are that the new construction related to Disapproval, to allow an Apartment the accessory buildings/structures are unit for security/management purposes less than 60 feet from the front yard line, related to the proposed public storage and that the change of use of the exist- use,at 50 Commerce Drive,Cutchogue; ing nonconforming,shed increases the Parcel 96-1-1.4.Zone District'LI Light nonconformity when the use is intensi- Industrial. fled to a different accessory use.Loca- 9:40 a.m. ALEXANDER tion of Property!.1695 Meadow Beach SZNURKOWSKI#5786.Request for a Road,Mattituck;Cr, M 116-4.-31. - Variance under Section 100-244,based 10:50 a.m.M. and H. REDDING- on the Building Inspector's lily 21,2005 TON#5791.Request for Variances un- #7610 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Jean Burton of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 3rd day of November , 2005 • • cipal Clerk Sworn to before me this day of 2005 A WAILV CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. O1-VO6105050 Qualified In Suffolk County Commisalon Expires February 28, 2008 S NOV-30-2005 10:40 FROM:WICKHAM ° �RESSLER 631 298 8565 TO' p659064 P.002/003 Q � LAW OFFICES WICKHAM,BRESSLER, GORDON&GEASA P.C. 13015 MAIN ROAD, RC.BOX 1424 WII,I.I.IAM WICKHAM(0602) MATTITUCK,LONG ISLAM) MELVILLE OFFICE ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW RD ABIGAIL A.WICKHAM SUITE 111 LYNNE M.GORDON MELVILLE, N.Y. 11747 JANET GFASA 631-298-8353 TELEFAX NO.631-295-8565 631-249-9480 FAX NO.631-249-9484 November 23,200' Rr- •--cEIVE Town of Southold Zoning Board of Appeals NOV 3 0 2005 53095 Main Road,Post Office Box 1179 7 r5t-1,_p� Southold,New York 11971 zoivllaG BOARD OF APPEALS Re: Rich's Quality Auto Appeal No. 5759 2950 Main Road, Cutchogue,NY 1000-102-3-1 Ladies,Gentlemen: As requested at the hearing,we provide the following figures: Square footage of property: 37,428,4 square feet Area of office building: 597 sf Area of garage: 1620 sf Area of sheds(3): 242 sf Total existing permanent Building area 2459 sf Area of portable tent 906 sf Total existing building Coverage 3365 sf Proposed building: 1759 sf Total proposed area: Without tent 4218 sf With tent 5124 sf If the tent is included in the computations of existing coverage,and is retained after the building is constructed,the figures are as follows: Existing lot coverage with tent: 3365/37,428.4=9% Proposed lot coverage with tent: 5124 sf137,428.4 sf= 13,7% 52.27%increase in building area: 5124 sf—3365 sf NOV-30-2005 10:40 FROM:WICKHAM Q PRESSLER 631 298 8565 TO'� "7659064 P.003/003 [RECEIVED NOV 3 0 2005 IZONENC BOAT D OF APPEALS If the tent is included in the computations of existing coverage,but is not retained after the building is constructed,the figures are as follows: Existing lot coverage with tent: 3365/37,428.4—9% Proposed lot coverage without lent: 4218/37,428.4= 11.27% 25,3%increase in building arca: 4218 sf—3365 sf If the tent is not included in the computations of existing coverage,and is not retained after the building is constructed,the figures are as follows: Existing lot coverage without tent: 2459/37428.4—6.57% Proposed lot coverage without tent 4218/37428.4— 11.27% 71.5%increase in building area: 4218 sf-2459 sf Permitted lot coverage in an R-40 zone is 20%. Permitted increase in building area under 100-243: 30% Please advise if additional configurations or figures are needed. Very truly yours, #1/1/1t,e..k__ ! A.Wickham Zba/shdzba NCV-30-2,005 10:40 FROM:WICKHAM r ""ESSLER 631 298 8565 TI 17659864 P.001/003 Law Offices WICKHAM,BRESSLER,, GORDON &GEASA,P.C. 13015 Main Road,P.O.Box 1424 Mattitud ,New York 11952 631-298-8353 - Telefax,no. 631-298-8565 This transmission contains informaion confidential and/or leg,ally privileged. ft is intended for use only by the person to whom it is directed. If you have received this telccopy in error,please notify us by telephone immediately so that we can arrange for the return of the documents to us at no cost to you, l,f you,do not receive all of Che pages indicated, please call as soon as possible at the number above. To:U XVI 01 .')R_ .-- _ _Fax#: I h5 (9b61- ,... \CAI\WAN _ k} -'6 ) -D7 Re; i1 0; " II II tl Comments: This is page one of 2 d cE FV NOV 3 0 2005 ,z'QNiu4C €'g E.ai` OF APPEALS • ' ) 4(4 ,\ ,\ ' 1 1� § 100-243. Nonconforming buildings with nonconforming uses. [Amended 10-19-1999 by L L No 16-1999] 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 premises, 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 new 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) or additional building on the premises, so long as said increase in size of the building(s) created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable maximum lot coverage, and all other setback and area requirements shall apply, provided that the following site remediation measures, in full or in part, as shall be determined by the Planning Board within its sole discretion, are included as an essential element of the aforesaid expansion: [1] Substantial enhancement of the overall site landscaping and/or natural vegetation. [2] Employment of best visual practices by upgrades to existing building facades and/or design of new buildings and/or the additions to existing buildings which accurately or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s). i I. 93 1 2 Properties. MS. WICKHAM: Good afternoon, Abigail 3 Wickham for the applicant, RQA Properties. I'd like to thank you for having the hearing at the 4 end of the day, I know it's been a long day for you and we will try to cover what is an awful lot 5 of material as expeditiously as possible. As you know, this is a variance request to 6 add an additional building, which is really an accessory to his main usage, it's not going to 7 house a separate business. It's not an expansion, it's basically to restore an area that has been, 8 in essence, confiscated by requirements that he has to comply with for insurance and EPA 9 purposes. We are here under code Section 100-241, as 10 a nonconforming use. I think, and I had discussions with the Building Department, that the 11 Board could treat this if they wished and the Building Department had no objection, as a 12 100-242, nonconforming use and building, which would allow up to a 30 percent expansion, and we 13 do exceed that. So we would be seeking a variance from that as well. If you consider that as an 14 area variance, I think our proof is certainly going to address those issues. However, we are 15 addressing this as a use variance application, and providing the proof that we think you need to 16 sustain the decision on no reasonable return and the other criteria in the code. 17 I put together a package, there are seven copies of handouts that I wanted to make to you 18 during the presentation. I thought that rather than running them up every time I mentioned, I'd 19 just give them to you as a package. And I'm sure you are going to be spending some time on this 20 decision, you can look at them later, so you can listen to what I'm saying now. 21 As I said, I've done very few use variances during the course of my career, because 22 they are difficult to obtain. They shouldn't be granted frequently, but I have to say that if ever 23 there was one, I think this is appropriate for it. I want to review for you the property history, the 24 business of Rich's, the financial and economic issues and the other approvals that we are seeking 25 in connection with this need of his to expand the building area. November 17, 2005 93 94 1 2 You have before you a property history sheet that goes through the different items that 3 have happened on this property over the years. I just want to highlight that this was originally 4 before zoning an automotive usage, that it was zoned business when zoning came in, and Ed Fox was 5 there with the Esso station, that it has a multiple use history, that it was rezoned in 1989 6 to residential R40 when the automotive operations were in full bloom. It wasn't any cessation of 7 that business and Rich came into the property as a tenant around that time. Was it '87? 8 MR. BOSINIAK: ' 87 . MS. WICKHAM: '87 just before then. So 9 when he started it was zoned for business use, and it was changed later than that, I don't know if he 10 was aware of that because he was busy taking care of his business. In any event, in 2004 the 11 property became available. Mr. Aliano put it on the market. He really had no choice but to buy 12 it. He paid 550 for it, which was the price able to obtain it for. What happened then was he had 13 since the '80s been operating as a tenant. He had garageman's insurance. He had all his permits 14 that he was required in order to conduct the business. When he became an owner, his insurance 15 company advised him that now that he was getting ownership insurance, he could no longer continue 16 under the tenant policy that he had, that he had to comply with EPA and insurance standards. And 17 they came down on him very heavily. They basically gave him a few months to put in an 18 environmentally sound spray booth or they were going to shut him down, and he can't stay in 19 business if he doesn't have insurance. In your package is the letter he received 20 from the insurance company that essentially has notified him that his insurance as of now will be 21 canceled in December if he doesn't comply. And it lists on the back the reasons and the first one is 22 the spray booth, so that is the essence, that is the guts of his hardship today, and his need for a 23 use variance. The 1950s survey that's in the file shows 24 that there was a gas station where the real estate office was located and what was artfully called 25 the "lubritorium" in the garage building. I hadn't heard that term recently, but that gives November 17, 2005 94 95 1 2 you -- BOARD MEMBER ORLANDO: So you've heard it 3 before? MS. WICKHAM: I think I've heard it. But 4 in the context of Van Tuyl's survey, this shows that there has been that type of usage in the 5 building for a long time. In 1974, Tad Auto Sales came in and got a special exception from this 6 Board to have in addition to the uses that were already there 15 used car sales slots. That 7 condition did require minor repairs only. Rich is going to talk about the extent of auto repairs 8 that he does when he speaks, but I believe that that decision was geared towards the auto sales 9 business itself because it appears that there was already an existing glazier in the building who 10 did auto repair, auto glass and metal fabrication, and there is a letter in your file to that effect. 11 CHAIRWOMAN OLIVA: May I interrupt you, it also says that no further business may be 12 established on these premises other than existing one of the glazier and the used car business of 13 the applicant, and that condition runs with the land. 14 MS. WICKHAM: Yes. But there already was a real estate office there, so for some reason 15 that was not included in the decision, and I think it's clear that it should be. 16 CHAIRWOMAN OLIVA: Should or not should, that's what it says. 17 MS. WICKHAM: I think that's a mistake. Because there was clearly a real estate office in 18 there, and I think that the decision, I can only presume, was geared towards that section of the 19 property. In addition, the glazier who was there and allowed to continue, was doing very similar 20 types of things to what is currently being conducted and has been conducted since 1974, 21 that's a long period of time. And nobody's complained about that in the interim. So yes, we 22 are here to ask you as part of your decision to clarify that in light of what it is he's 23 conducting now. As I said, in 2004 he bought the business and he has encountered the problem. 24 By virtue of having to put in the spray booth that goes in the front of the existing 25 garage building, that is a metal structure, a self-contained unit, that occupies the two to November 17, 2005 95 . r 96 1 2 three bays that have been in the front of this building since whenever Mr. Fox started his 3 business. The spray booth has significant environmental protections, and the cost is 4 somewhere between $70, 000 and $80, 000 to install, so it's not an insignificant amount of money. 5 He applied this summer when he learned about this problem for construction of a building 6 in the rear, 18 feet high, 36 by 48, in which to put the operation of his business that is going to 7 be basically evicted by the installation of this spray booth. And it will also help him deal with 8 the fact that he is doing some of the work in the front of the building where it doesn't belong and 9 he doesn't want to continue it. So as I say, the building is not to expand his business, it's to 10 contain pretty much what he's got now, and make it more productive, more efficient. And as you'll 11 see in the economic analysis, essential for him to continue. 12 The spray booth is a dry use. What it does, and Rich will explain this a little more, it 13 does blow the air, as the air is sprayed, the paint is sprayed, it blows the air down into the 14 floor, filters it, so that before it goes back up through the roof out the exhaust, it goes through 15 a series of filters and keeps it environmentally contained. 16 Now, I'm going to let Rich talk about the spray booth and those types of things, but I want 17 to get to the heart of the no reasonable return issues. I have in the packet an appraisal, which 18 I would like to review briefly, but I did have it there for you to study in more detail. Andy would 19 have been here today but his daughter had an auto problem and that came first. 20 BOARD MEMBER GOEHRINGER: Miss Wickham, before you start that, while you're saying that, I 21 just want to reflect upon the problem that Rich has with the insurance company. Just give me that 22 again, so I can reflect upon that. MS. WICKHAM: He rented it for 15 years, 23 and he had garageman's liability insurance. He didn't have to insure the building. He bought it 24 otherwise he was out of business, and when he changed from his tenant's insurance to his owner's 25 insurance, the insurance company in order to issue that owner's policy, required him to install a November 17, 2005 96 97 1 2 spray booth as well as the other items that you see. I can get you a more legible copy if you 3 can't read it, but basically it says clean up the parking area, do some other things, most of which 4 he's done already. The spray booth, as you probably know, it's a very large structure that 5 goes in the building and that takes up the space, and it has to be enclosed, but it was the 6 differential in the type of insurance he had to get, he had to come up to standards. 7 BOARD MEMBER GOEHRINGER: In inquiring about that, do we assume that that's for fire 8 purposes or was it for any other standard other than that? 9 MS. WICKHAM: It's for fire, it's for primarily for emissions purposes. You have a 10 sheet in the material that talks about how this spray booth works, and it has also has some 11 specifications on it. It indicates that the emissions are about 99 percent covered whereas 12 right now it's going right up the chimney and right in the air. There are OSHA requirements for 13 employees that were also part of the insurance requirement. The VOC rating on this booth, 14 Volatile Organic Compounds, the emissions are between 2.8 and 3.5 parts per million. It's an 15 credible decrease in the amount of emissions. Not only that but the air draws it down and converts 16 it to a metal, a solid compound, all those compounds, which are then disposed of properly as 17 opposed to going up in the air. BOARD MEMBER GOEHRINGER: The last thing 18 is a portion of the building he's operating in now is a wooden building; is that correct? 19 MR. BOSINIAK: No. It's concrete, cinder block. 20 BOARD MEMBER GOEHRINGER: But the roof is wood? 21 MR. BOSINIAK: Right. MS. WICKHAM: The building he's proposing 22 is metal. It's like a Morton building, low -- BOARD MEMBER GOEHRINGER: And fire 23 retardant? MS. WICKHAM: Yes. 24 BOARD MEMBER ORLANDO: So are we going to demo this building and start over? 25 MS. WICKHAM: No. We are adding. If you look at the site plan I have an A and I have a B. November 17, 2005 98 1 2 The first page shows the front building, with what is essentially five bays, two in the front and 3 although he doesn't have a door in the front, he has two doors in the front, but three bays that he 4 can use. Then in the back, two bays, that's in that first building. The first page of the site, 5 it says existing, and it says up in the top what we've got. And you've got, it says operation, one 6 story concrete block building, that's what that is. That is going to be reduced to a spray booth 7 and two bays in the back. BOARD MEMBER ORLANDO: So he's doing an 8 alteration of the existing booths to create a spray booth? 9 MS. WICKHAM: He's using the area where the two or three bays are -- three bays I have 10 there in front are basically not going to be used because that's where the spray booth goes. I'll 11 show you a picture of it. BOARD MEMBER ORLANDO: That's going in one 12 of the bays? MS. WICKHAM: That's going -- turn to the 13 next page -- right here, he's blocking off these two bays, these two doors, and he's just using 14 this door now. And that spray booth, that big metal thing, and this is what it looks like. 15 That's right inside the building, and those two bays facing the road will not open any more. 16 BOARD MEMBER ORLANDO: You threw me when you said Morton building and then you went to 17 this. MS. WICKHAM: The Morton building is in 18 the back and that is just to replace the bays that are used up by the spray booth. Those bays in the 19 Morton building in the back will be bigger because he wants to be able to accommodate trucks in 20 there, now he's jamming the trucks in. He does a lot of ambulances and fire trucks. 21 BOARD MEMBER ORLANDO: So there's no more buff-outs or wet sanding out in the front now? 22 MS. WICKHAM: All that stuff that happens in the front, it's very busy, it's very 23 distracting, those people won't have any access in the front because the overhead doors. 24 BOARD SECY. KOWALSKI: Where is the spraying now on the current plan? 25 MR. BOSINIAK: There's a room in the back that I use as a spray room. When I got my license November 17, 2005 I3 c. 99 1 2 18 years ago it wasn't required. ASST. TOWN ATTY. CORCORAN: Gail, before 3 you go down the road of economic hardship, do you have a point of view as to when 100-243 applies as 4 opposed to 241? And I hate necessarily to ask you a question that I'm not certain of the answer of 5 myself. MS. WICKHAM: Well, then I won't feel bad 6 if I don't know. ASST. TOWN ATTY. CORCORAN: My point is 7 241 suggests that you can't enlarge a nonconforming use and 243 seems to suggest that 8 you can up to 30 percent under certain circumstances, and it's not immediately clear to 9 me which one governs. MS. WICKHAM: Let me tell you, when we 10 copied that, apparently they didn't put it back in the right place, I don't even have it here, but if 11 I remember correctly, is that the one that is entitled nonconforming uses and buildings? 12 ASST. TOWN ATTY. CORCORAN: Exactly, nonconforming buildings with nonconforming uses. 13 MS. WICKHAM: This is a nonconforming building. 14 ASST. TOWN ATTY. CORCORAN: In what respect? 15 MS. WICKHAM: It's too close to the front. ASST. TOWN ATTY. CORCORAN: Okay. I don't 16 know why the code should be more liberal if you have a nonconforming building as opposed to a 17 conforming building, but in any event it seems to be the right section. It seems that under certain 18 conditions that the Planning Board could impose that you should be allowed up to 30 percent, 19 right? MS. WICKHAM: That's what I think. I said 20 100-242 I meant 243. ASST. TOWN ATTY. CORCORAN: I heard 243, 21 that's why I just looked it up. It's nonconforming buildings with nonconforming uses, 22 which this is, right? MS. WICKHAM: Right. 23 CHAIRWOMAN OLIVA: Isn't that allowed to expand under certain circumstances by 30 percent? 24 ASST. TOWN ATTY. CORCORAN: You're asking for more than 30 percent, correct? 25 MS. WICKHAM: That won't accommodate the amount of space that he needs to replace this. November 17, 2005 99 100 1 2 Just so you know, the building is already ordered. He went into the Town when the first thing first 3 came up, and he, for some reason, and I'm not saying it's anybody's fault, and he understood 4 that he should go ahead and order that building. He didn't have the choice anyway with the 5 insurance company, so we don't have the flexibility of changing the size of that building. 6 We are really asking you instead of 30 percent to go to about 70 percent. But he's not expanding 7 the business; he's just adding a building to contain what he had because insurance and 8 emissions, environmental regulations have required him to do that. 9 CHAIRWOMAN OLIVA: Is there a CO for the tent that he has out there? 10 MS. WICKHAM: That's coming down. BOARD SECY. KOWALSKI: Can we mark on the 11 plans that it's going to be removed? BOARD MEMBER SIMON: On the project 12 description as part of the file, under Item 2 it says purpose of new construction requested, I'm 13 quoting from what you wrote, the question is to expand the existing facility; could you clarify 14 that? MS. WICKHAM: We're expanding the square 15 footage of the facility in order to accommodate the use that had been employed in the old 16 building. We're not expanding the business; we're expanding the facility. 17 BOARD MEMBER SIMON: If the Board approves this, it would be acceptable condition if it said 18 there will not be room to service more cars that now can be serviced, right? 19 MS. WICKHAM: Yes. He doesn't really service cars, but we can work on that, but, yes, 20 he will not work on more cars. BOARD MEMBER SIMON: Will not increase the 21 number of cars that can be worked on at any one time? 22 MR. SENENFELDER: What he's done where the paint booth comes in the front because of the 23 standards he's actually lost that whole front building. Basically just replacing of the 24 existing space. ASST. TOWN ATTY. CORCORAN: The point I 25 was discussing from the Board's point of view with Gail is if you go under 243 as opposed to 241, November 17, 2005 I00 101 1 2 what you're talking about is an area variance not a use variance. You're talking about allowing 3 more than a 30 percent expansion, and one of the issues is whether this is something that was 4 beyond the applicant's control, whether it was self-created or not. And I think the financial 5 hardship issues are still relevant, but they are less of a requirement; it's more how did we get 6 here, which is the story you've been telling. MS. WICKHAM: I'm giving you everything, 7 and you can decide how you want to handle it. BOARD MEMBER GOEHRINGER: How do you 8 determine the 70 percent? Based upon the size of the new building? 9 MS. WICKHAM: Based on what's there and what is going to be there, yes, square footage of 10 building space. If you look at the area that he's using outside, he's using an area out front that's 11 going, and he uses an area out back that's outside, then it's much, much less than that. I 12 didn't compute that because I didn't know if you would want me to, but I could. 13 BOARD MEMBER GOEHRINGER: But we need to compute that aspect of it because he's taking out 14 those three bays to put the spray booth in, but at the same time, he's building a building to replace 15 that. I think the 70 percent sounds extraordinary. 16 MS. WICKHAM: It is extraordinary. And I use that number because I think that section of 17 the code and, Kieran, you have it in front of you, is on a square footage basis. They talk about 18 expanding the buildings. That's why I use that analyses. But if you talk about expansion of the 19 use. ASST. TOWN ATTY. CORCORAN: It's the same 20 use, just using it's a greater area. MS. WICKHAM: But that code does, if you 21 read it carefully, does talk about expands being buildings. 22 ASST. TOWN ATTY. CORCORAN: It's what the increase of the footprint is. 23 BOARD SECY. KOWALSKI: We were talking about that earlier, and you were going to get some 24 numbers to us on the breakdown on that. That was where we left it. Remember when we weren't sure 25 whether or not to advertise it for that? MS. WICKHAM: Yes. November 17, 2005 I 01 102 1 2 BOARD SECY. KOWALSKI: At least if we had a breakdown of the percentage. 3 MS. WICKHAM: I can get that to you this afternoon. 4 BOARD SECY. KOWALSKI: Thank you. MS. WICKHAM: If you close the record 5 today and hold it for that. ASST. TOWN ATTY. CORCORAN: How do you do 6 on lot coverage? MS. WICKHAM: We're okay on lot coverage. 7 We are lot coverage of actually 10. 9 and it's a residential zoned, so we're only 20 percent. 8 Anything else on those issues? BOARD MEMBER GOEHRINGER: You can see how 9 important it was for me to at least trigger that question before you go into the rest of it. 10 MS. WICKHAM: Thank you. BOARD MEMBER ORLANDO: I just want to make 11 a quick statement, and you can respond. So your client has been doing auto body/lubritorium work 12 there for almost 20 years? MS. WICKHAM: Yes, since 1987. 13 BOARD MEMBER ORLANDO: And if your client didn't buy this piece of property and was still 14 renting, you wouldn't be before us today, he'd still be doing another 20 years of auto 15 body/lubritorium work? MS. WICKHAM: Yes. 16 BOARD MEMBER ORLANDO: I just wanted to say that. 17 MS. WICKHAM: Are you ready for Andrew Stype? That's in your packet. 18 BOARD MEMBER ORLANDO: The old real estate building, what is that going to become? 19 MS. WICKHAM: That's still there, it's rented to another broker. 20 The expenses that we have run through, and I'm going to give you them in a different format 21 as well, are extraordinary, and have increased significantly since he bought the property because 22 he had to get a mortgage, his utility costs will go up with the spray booth somewhat. It will be a 23 more efficient operation, but it will cost him more. He had to get a loan to get the spray 24 booth, so that cost is higher. His insurance has basically at least doubled because now his 25 liability has to be coupled with the property insurance. The real estate taxes here we show at November 17, 2005 12 103 1 2 $6, 000, they will also increase significantly once the building goes up. Andy then went into an 3 income analysis, the office building at $25 a square foot rental and the garage space at $12 a 4 square foot rental, those were based on comparable rentals in the vicinity. The real estate office, 5 there are several, the garage space he likened to what is being charged by the buildings up on Cox 6 Lane, which are renting out at about $12 a foot. He then took in a 10 percent vacancy credit factor 7 and came up with what you could attribute an expected return to the property of a little over 8 $22, 000. When you analyze that against the expenses, it is a negative return. 9 ASST. TOWN ATTY. CORCORAN: When you look at the garage return, is that based on the 10 assumption that the property can't be used to run the business and it would just be used as a space 11 rental? Because it doesn't show any income on the business. 12 MS. WICKHAM: It's showing as a rental, a return, he equated it to a rental for the garage 13 space as opposed to ownership usage. I'm going to give you figures on his business usage shortly, 14 that will dovetail with that, and show you that's not any better. 15 The second scenario I'm just going to touch on briefly, but that may come up at some 16 point because in terms of improving a nonconforming premises, you do have a 50 percent 17 rule, and Andy did a quick analysis for me to show that this new improvement -- and he actually 18 valued it at 100, 000, that was originally what we thought it was going to cost 80, that would not 19 exceed the 50 percent. BOARD MEMBER SIMON: What is the 50 20 percent rule? MS. WICKHAM: You increase, improved a 21 nonconforming building, it more pertains to fire than anything else, but I just wanted him to throw 22 that in there. Third scenario, what he did here was, he 23 said, okay, if we convert this to a residential use what are we looking at, and we're looking at a 24 big negative here because obviously it would cost a tremendous amount of money to change the site to 25 a residential vacant lot. He could sell it as a vacant lot, and he's anticipating a $250, 000 November 17, 2005 103 104 1 2 value, which last year we would have blinked our eyes, but today is certainly feasible, incredible 3 but it's feasible, but even at 250, he still would be looking at a tremendous loss. 4 ASST. TOWN ATTY. CORCORAN: Gail, just to cover our bases here, when you show there's no 5 reasonable return, you have to show that there's no reasonable return for any of the permitted uses 6 in the zone. MS. WICKHAM: I'm going to bore you with 7 that too. ASST. TOWN ATTY. CORCORAN: I don't want 8 to be bored by it; I just want to wrap it up. Can we assume that the residential use is probably the 9 highest value use, and if there's a huge loss there, then there's more than likely to be a huge 10 loss on any of the other permitted uses? MS. WICKHAM: Yes. I was going to do that 11 after the income, but I'll do that right now. In an R40 zone, one-family, agricultural operations, 12 and the size of the property does not accommodate that; we have municipal-type uses, fire districts, 13 the size of the building would not accommodate that, and I don't think it would be appropriate; 14 wineries, obviously it wouldn't comply because it's not 10 acres. And special exception uses in 15 that area, two-family dwellings, we don't have the acreage, places of worship it's not big enough, 16 schools it's not big enough; philanthropic eleemosynary, et cetera, it's not big enough, and 17 the utility rights of way; now wireless communication, he could probably make a bundle but 18 I think the neighbors would have a problem, so I'm going to assume that that is not a feasible use 19 for this property, beach clubs, tennis clubs or children's recreation camps, I'm just running 20 through the list of permitted uses in the code, veterinary offices, cemeteries, stables, those are 21 not uses that would be accommodated on a one acre piece of property. So I don't think you could 22 generate a reasonable return and I think therefore the single-family dwelling is the highest and best 23 use. And I think the other point that if this appraisal doesn't say, but you can use the 24 numbers, that if this business were to continue just as it were without expansion, that's going to 25 be my next point. Did I interrupt you? BOARD MEMBER ORLANDO: I was going to make November 17, 2005 14 105 1 2 a quick statement, did you consider or think about going to the Town Board about rezoning it? 3 MS. WICKHAM: Yes. I'm going to get to that. In terms of what if he leaves it just the 4 way it is, does he get a return at that point? And if you look at his expenses and his income 5 analysis, which his accountant has given me for the first nine months of 2005, his gross income 6 was $342, 000; his cost of goods sold was $249, 000, that's things like labor, outside service, 7 purchases, supplies, paint, mechanical work that he has to sub out to another location, so his 8 gross profit was $93, 000. Then if you take off his business expenses of $63, 000 for that period, 9 he had a net income for $30, 000 for the first nine months of the year and will have additional 10 insurance costs of $1, 400, additional mortgage costs of $29, 000 and rent income, a positive 11 figure of $11,250, that's a lot of numbers to throw at you, but that means the net income for 12 the first nine months of the year is barely over $10, 000, it's $11, 850. So he's barely breaking 13 even, and if he is to sustain a loss of more than 30 percent because he's lost those bays in front, 14 he cannot continue in business, and that's another part of the reasonable return, is what if he just 15 stays where he is; that's a problem. If you want me to submit more specific 16 details on that, I could. I would prefer not to because it is part of the public record, but if 17 you would like it I will submit it. BOARD MEMBER ORLANDO: Your last financial 18 statement was based on putting a new spray booth in the building, but not putting the new building 19 in the back, correct? MS. WICKHAM: Correct. 20 BOARD MEMBER DINIZIO: No. Your last financial statement is how he's been doing 21 business for the past nine months. CHAIRWOMAN OLIVA: But he has the spray 22 in there. MS. WICKHAM: No. With the installation 23 of the spray booth, because I did include the cost of carrying the spray booth. 24 BOARD MEMBER DINIZIO: You're carrying it, but that net of that report you just gave us 25 doesn't include the loss of the three bays, and the installation of this booth. The only thing it November 17, 2005 105 106 1 2 includes is the amount of money you have to pay for this booth. 3 MS. WICKHAM: On a monthly basis in the mortgage. 4 BOARD MEMBER DINIZIO: He's not making money with that booth right now. It's not in that 5 nine months. MS. WICKHAM: I'm not sure I understand 6 the question, but he is still doing -- MR. SENNENFELDER: I understand what 7 you're saying. MS. WICKHAM: This is Tom Sennenfelder who 8 is an engineer who is a business associate of Rich's. 9 MR. SENNENFELDER: I understand what you're saying is basically the numbers reflect 10 what he currently has done this year, but they do reflect the fact that the forward part of the 11 building the last two months, those two bays, he has stopped using them. Right now he's actually 12 seeing a severe loss -- for the past month, excuse me. 13 MS. WICKHAM: These figures, Tom, only go to September. 14 BOARD MEMBER ORLANDO: That spray booth's going in no matter what. 15 BOARD MEMBER DINIZIO: You're still not making money? 16 MR. SENNENFELDER: No. The problem is the volume, any business like a body shop requires 17 volume. MS. WICKHAM: The spray booth will improve 18 his volume. BOARD MEMBER DINIZIO: If you just get the 19 spray booth and you don't replace those bays, you don't make money. 20 BOARD MEMBER ORLANDO: That was the last statement he would make $10, 000 a year. 21 BOARD MEMBER DINIZIO: The $10, 000 a year doesn't include anything to do with the spray 22 booth. MR. SENNENFELDER: No, $10, 000 a year 23 actually reflects his income for the first nine months of the year. And now he's reduced his 24 capacity about 30 percent on the building's production. 25 BOARD MEMBER ORLANDO: The last statement she put the mortgage in for the spray booth. November 17, 2005 106 107 1 2 MS. WICKHAM: I did, but it still comes up at $11, 000. 3 ASST. TOWN ATTY. CORCORAN: It reflects some of the costs but not the loss of income going 4 forward. MR. SENNENFELDER: That's correct. In 5 fact, if you do an analysis upon, that's on an exponential rate because you can't bring in 6 business as pro shop from different insurance companies because he doesn't have the facility. 7 In fact, now he actually schedules the work and has to turn work away, send them over to other 8 shops because you can't bring the cars in because he only has enough space for one and a half cars 9 that he can mechanically work on, and he doesn't have the proper paint facilities because he can't 10 use that facility properly. So, in fact, if you go to the shop many times now, you'll find 11 multiple cars -- and I've seen up to nine cars in the back -- that are waiting to be repaired, and 12 he has to make the determination do I send it to another shop or turn the next customer away. 13 Without that facility, you know, any business, especially where we live now, residences, more 14 people are out here now, you need to expand to keep pace with what you have, but he has a 15 facility that was actually designed, I believe the building was in place somewhere in the '30s. The 16 building hasn't seen any appreciable increase in the size or space or anything since the '30s. A 17 lubritorium is a term from the '30s, from the days of the Model T. 18 ASST. TOWN ATTY. CORCORAN: I thought we should spend a minute or two how this increase, if 19 not increased use but sort of increased use of space, what effect if any it will have on the 20 neighborhood and the surrounding area. That could be a main thrust here. 21 MS. WICKHAM: My next point is that, but starting with the building location, the proposed 22 location. My first question came in, why don't you just attach that to the existing building. 23 His response was he could do that, he could kind of cantilever it off the southwest corner, but he 24 was trying to take into consideration the residential surroundings and get it as far away 25 from the homes as he could. If he brings it up to the building, it's going to be closer to the main November 17, 2005 i f 108 1 2 road and therefore more essential over the fence. If he's brings it to the existing building, it 3 will be closer to Pequash Avenue and closer to those homes. So he thought this was probably the 4 best place for it to be to have a minimal impact on the neighborhood. It does have a door at 5 either end, so he does need room to be able to maneuver, and the spray booth door if you look at 6 your second proposed map has a western bay, so he has to be able to get out that way. That was the 7 only reason that he decided not to attach it to the building. He thought it would actually 8 minimize the impact on the residential area. We lost Mr. Huntington and Tom Wetzel, who 9 were here from the Fleet's Neck Association, and I believe they were going to speak favorably on 10 it. When what Mr. Huntington said to me before the hearing was this is the kind of guy we need in 11 the neighborhood. They were very appreciative of what he's done to clean up the area. He will be 12 going to site plan review and the Planning Board, and that's going to involve a lot of aspects of 13 screening and building design and building placement and access issues and parking issues. 14 He is also going to be taking what is now allowed as 15 use cars, sales spots and reducing that down 15 to five. That is the only thing that's going to be in the front of that building, all the 16 detailing, the washing, the whatnot that goes on on the Main Road area is going to be gone. 17 Everything will be moved into the buildings in the back. We have a letter here from Emily Victoria. 18 BOARD SECY. KOWALSKI: I have that. MS. WICKHAM: Emily and Jim Grathal own 19 the house directly across the street. She is supportive of his application. I think that's 20 very important because she would probably be as much affected by it as anyone. And Rich has 21 talked to other people in the neighborhood and he's been very good about making sure that they 22 are not unhappy with what he's doing. I believe he's also talked to the owner of not Elliot 23 Dawson, but his sister, who owns the house immediately to the south, and to the lady who is 24 renting the house. In terms of the neighborhood in general, 25 again, it's been a long-standing use that's been there for a long time. It's not going to change November 17, 2005 108 109 1 2 the neighborhood significantly, and you do have other -- it's in the HALO Zone and I believe I put 3 the HALO map in your package. So it is part of the hamlet density studies and that I think is an 4 important factor, as well as the DiSantis Christmas tree across the street and other uses in 5 that Main Road area. If I could just tick through some of the 6 other issues on a use variance. I think we have talked about reasonable return, if you have any 7 more questions, I can give them to you. The hardship is tremendously unique. Fortunately 8 nobody else in the neighborhood has the insurance and EPA conditions he does. It does not apply to 9 the substantial portion of the district, it's just this property, and it will not alter the essential 10 character of the neighborhood and because it is continuing to be what it has been since the '30s, 11 and he will be screening and actually improving it. Before the Planning Board even told him he 12 had to do it, he's done a lot of it already. It's not self-created in terms of the insurance 13 requirements, and it does observe the spirit of the ordinance, now that was a tough one, but I 14 think the reason it observes the spirit of the ordinance is because use variances are permitted 15 although limited, and this is the situation where I think they should be available. Public safety 16 and welfare are served by the environmental improvements he's making and certainly substantial 17 justice will be done. Now, I just want to tell you quickly about 18 the other approvals because that was a question. We have had two meetings with the Planning Board. 19 We have submitted a site plan; it's been accepted. We have retained a surveyor to make additional 20 requirements that they have because although their letter says it's incomplete, that is for a 21 processing purpose, and they do, quote, agree with the concept design, unquote. They have been very 22 supportive. A change of zone was filed with the Town 23 Board to Hamlet Business on October 4, 2005 at the suggestion of this department. I am still waiting 24 for a work session appointment. We will agree to continue to pursue that, but we anticipate that 25 that's not going to happen immediately; that will be involved with the HALO review; it will be November 17, 2005 i/C' 110 1 2 involved with other applications in the area. And also I think the use variance, number one gives 3 him more immediate relief that he essentially needs, and it also gives the Board the ability to 4 control and not open it up to a general free-for-all down there. 5 I do want to mention one issue about hamlet business use and that has to do with the 6 definition of "garage. " Hamlet business does permit public garages, but it doesn't permit a 7 repair garage. However, the pre-existing definition from the 1973 code -- and that's in 8 your material -- does allow that because public garage and repair garage were all in the same 9 definition. And I want to mention that in case we have that issue when we go to the building 10 department, we did explore that and I don't have to come back to you and discuss that. 11 Also, the code requires the 300 foot residential setback. The special exception for 12 the auto sales we did address that, but I want to make sure that we address that here today as well, 13 and if you want me to go into that in more detail, I will, but I think it's assumed in our whole 14 discussion. Mr. Aliano applied for a use variance on 15 this property, which was denied by your Board in 2004 I believe, and I want to distinguish that 16 application. That application was basically for a shopping center. The neighborhood was not happy 17 with it, understandably. So there's a different aspect to this use variance. It was not a 18 hardship; there was no financial showing; there was no proof in the record. Different type of 19 situation. BOARD SECY. KOWALSKI: That was 1990, 20 right? ASST. TOWN ATTY. CORCORAN: '89. 21 MS. WICKHAM: It was 3907. Maybe it was 1990, yes, I'm sorry. 22 And finally, as I said before, if there 'was ever a reason for a use variance, I think this 23 is it. I think Rich has a couple of things he wants to say, and then we'll see if you want us to 24 say anything else. BOARD MEMBER SIMON: One question, how 25 does this HALO region affect this? I thought HALO has to do with affordable housing? November 17, 2005 I I 0 111 1 2 MS. WICKHAM: It does. But it's an indication that that's a denser area of the 3 community, and that's where development is going to occur. It's not out in an agricultural area; 4 it's not isolated from the center of town. MR. BOSINIAK: My name is Rich Bosniak, I 5 own Rich's Quality Auto Body. I'm in business there over 18 years. I live here in Cutchogue. 6 I've been here over 20 years. My family's been here for over 30 years. I have three daughters 7 that go to the Mattituck/Cutchogue school. My wife works for the school, I'm not going anywhere. 8 So I'm really just trying to conduct business. I purchased the property a year ago. It was not 9 available to me to purchase it before then because Mr. Aliano did not want to sell it. He was very 10 generous to me because my rent was low, but from purchasing the property, my expenses everything 11 has tripled -- more than that. And I really do need to put up this building in order to conduct 12 my business. I don't think I can conduct my business if I don't get a variance or go for a 13 zone change to put this building up. I have been offered to sell and get out, but I have three 14 daughters to put through college, and I'm a young guy, I plan on being in business for a long time. 15 If there's any other questions anybody has. I'm just trying to conduct business. I'm a service to 16 the community. There's five body shops between Riverhead and Orient. For an area like this 17 that's very undersized. There's over 25 mechanical shops that repair cars between Orient 18 and Riverhead. I feel that you need me here. You need somebody to repair the cars. I don't do 19 mechanical repairs there. I do strictly a body shop. I do sub-out to all the mechanical 20 shops. The spray booth that I did put in that I want to continue forwarding on is environmentally, 21 I live here, this is my town. When I got my fresh air permits and whatever, all this stuff wasn't 22 required. Because of the insurance and because I purchased it, of course, I had to do it. It's a 23 lot of money, but it's a good thing. Everything's filtered, and fumes are not going out to the 24 environment. It's a very needed thing, MS. WICKHAM: Do you want to hear about 25 the water system, dry system differential? MR. BOSNIAK: I don't know of a water November 17, 2005 l@1 112 1 2 system out here. Ted's Auto Body has an older crossdraft booth, First Class Auto Body has an 3 Older downdraft booth. Starlight Auto Body has a cross draft booth. These are all Older spray 4 booths that don't have a water system. So this water system is a good thing, but you also have 5 other environmental issues because that water has to be disposed of, that contamination has to be 6 disposed of. CHAIRWOMAN OLIVA: How do they do it? 7 MR. BOSINIAK: My system is a dry system. I have filters. The water system goes 8 through, the water gets collected, and the water has to be carted away. This is just a dry system. 9 BOARD MEMBER GOEHRINGER: Rich, do you honestly think that if this property was hamlet 10 business Mr. Aliano would have sold it to you? Certainly not at the price you were paying for it. 11 CHAIRWOMAN OLIVA: This is besides the point. 12 BOARD MEMBER GOEHRINGER: I'm saying in general, I think that since the property was 13 residential, you were probably better off because I think they have less interest in it, and the 14 only reason I say, I know the Aliano family for many years, and I'm not putting words in anybody's 15 mouth, but they own primarily commercial property. Their shopping centers are all up in the Shoreham, 16 Rocky Point, Miller Place; every one of those are multi, 26 units some of them have. I suspect that 17 conceivably the reason why you're here and the reason you did buy it was because of that reason, 18 that there really wasn't anything they could do with it at this point, except use it as it was. 19 MR. BOSINIAK: At this point in my life I wasn't going to start over anyplace else. I do 20 live in Cutchogue, and I have been in business for a long time, and I do have a good following. I 21 didn't have much of a choice. Mr. Aliano, the old man who was my landlord was a good friend of mine 22 and still is today. His son got involved. His son is a different person. His son tried to sell 23 my business out from under me. He advertised my business. I really had no choice but to buy the 24 property. BOARD MEMBER GOEHRINGER: Thank you. 25 CHAIRWOMAN OLIVA: Anybody else have any questions of Rich or Miss Wickham? November 17, 2005 5 , 113 1 2 BOARD SECY. KOWALSKI: I had one question, Gail, could you just confirm for the record how 3 many uses there are because the old CO has a lot of uses that aren't there anymore. There are just 4 the two uses, primary uses, right? MS. WICKHAM: There is the real estate 5 office use and there is Rich's Quality Auto and the auto sales. 6 BOARD SECY. KOWALSKI: So the auto sales would go on in the back? 7 MS. WICKHAM: It would continue in the front, but the volume would be reduced. 8 BOARD SECY. KOWALSKI: So it's going to be in the parking that's shown on the plan? 9 MS. WICKHAM: It will be where it is now, in front of the fence, but it will not be as many 10 vehicles. BOARD SECY. KOWALSKI: How many vehicles? 11 MS. WICKHAM: Five. He has permission for 15. 12 ASST. TOWN ATTY. CORCORAN: You will limit it to five. 13 MS. WICKHAM: I don't know if he mentioned he doesn't keep cars for parts on the property 14 either. BOARD SECY. KOWALSKI: Thank you. 15 MS. WICKHAM: So I will get you the specific numbers on the square footage. 16 BOARD MEMBER ORLANDO: That was Rich's Quality -- 17 BOARD SECY. KOWALSKI: You mean the breakdown for the 70 percent? 18 MS. WICKHAM: Yes. BOARD SECY. KOWALSKI: That would be with 19 the tent building or without it? MS. WICKHAM: I'll give you both. 20 CHAIRWOMAN OLIVA: I'll make a motion to close the hearing and reserve decision until 21 later. If not, I'll make a motion to close the 22 hearing and reserve decision until later. (See minutes for resolution. ) 23 (Time ended: 3:33 p.m. ) 24 25 November 17, 2005 113 r 1 2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORK 3 4 X 5 TOWN O F SOUTHOLD 6 7 ZONING BOARD OF APPEALS 8 9 X Southold Town Hall 10 53095 Main Road Southold, New York 11 November 17, 2005 12 9:30 a.m. 13 Board Members Present : 14 RUTH OLIVA, Chairwoman 15 VINCENT ORLANDO, Vice Chairman 16 GERARD P. GOEHRINGER, Board Member 17 JAMES DINIZIO, Board Member 18 MICHAEL SIMON, Board Member 19 LINDA KOWALSKI, Board Secretary 20 KIERAN CORCORAN, Assistant Town Attorney 21 22 23 24 25 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 1 2 land. 3 MS. WICKHAM: Yes. But there already was 4 a real estate office there, so for some reason 5 that was not included in the decision, and I think 6 it's clear that it should be. 7 CHAIRWOMAN OLIVA: Should or not should, 8 that's what it says. 9 MS. WICKHAM: I think that's a mistake. 10 Because there was clearly a real estate office in 11 there, and I think that the decision, I can only 12 presume, was geared towards that section of the 13 property. In addition, the glazier who was there 14 and allowed to continue was doing very similar 15 types of things to what is currently being 16 conducted and has been conducted since 1974, 17 that's a long period of time. And nobody's 18 complained about that in the interim. So yes, we 19 are here to ask you as part of your decision to 20 clarify that in light of what it is he's 21 conducting now. As I said, in 2004 he bought the 22 business and he has encountered the problem. 23 By virtue of having to put in the spray 24 booth that goes in the front of the existing 25 garage building, that is a metal structure, a 1 2 self-contained unit, that occupies the two to 3 three bays that have been in the front of this 4 building since whenever Mr. Fox started his 5 business. The spray booth has significant 6 environmental protections, and the cost is 7 somewhere between $70, 000 and $80, 000 to install, 8 so it's not an insignificant amount ever moan. 9 He applied this summer when he learned 10 about this problem for construction of a building 11 in the rear, 18 feet high, 36 by 48, in which to 12 put the operation of his business that is going to 13 be basically evicted by the installation of this 14 spray booth. And it will also help him deal with 15 the fact that he is doing some of the work in the 16 front of the building where it doesn't belong and 17 he doesn't want to continue it. So as I say, the 18 building is not to expand his business, it's to 19 contain pretty much what he's got now, and make it 20 more productive, more efficient. And as you'll 21 see in the economic analysis, essential for him to 22 continue. 23 The spray booth is a dry use. What it 24 does and Rich will explain this a little more, it 25 does blow the air, as the air is sprayed, the 7— ( 1 1 2 paint is sprayed, it blows the air down into the 3 floor, filters it, so that before it goes back up 4 through the roof out the exhaust, it goes through 5 a series of filters and keeps it environmentally 6 contained. 7 Now, I'm going to let Rich talk about the 8 spray booth and those types of things, but I want 9 to get to the heart of the no reasonable return 10 issues. I have in the packet Andy Stypes' 11 appraisal, which I would like to review briefly, 12 but I did have it there for you to study in more 13 detail. Andy would have been here today but his 14 daughter had an auto problem and that came first. 15 BOARD MEMBER GOEHRINGER: Miss Wickham, 16 before you start that, while you're saying that, I 17 just want to reflect upon the problem that Rich 18 has with the insurance company. Just give me that 19 again, so I can reflect upon that. 20 MS. WICKHAM: He rented it for 15 years, 21 and he had garageman's liability insurance. He 22 didn't have to insure the building. He bought it 23 otherwise he was out of business, and when he 24 changed from his tenant's insurance to his owner's 25 insurance, the insurance company in order to issue I i 1 2 that owner's policy, required him to install a 3 spray booth as well as the other items that you 4 see. I can get you a more legible copy if you 5 can't read it, but basically it says clean up the 6 parking area, do some other things, most of which 7 he's done already. The spray booth, as you 8 probably know, it's a very large structure that 9 goes in the building and that takes up the space, 10 and it has to be enclosed, but it was the 11 differential in the type of insurance he had to 12 get, he had to come up to standards. 13 BOARD MEMBER GOEHRINGER: In inquiring 14 about that, do we assume that that's for fire 15 purposes or was it for any other standard other 16 than that? 17 MS. WICKHAM: It's for fire, it's for 18 primarily for emissions purposes. You have a 19 sheet in the material that talks about how this 20 spray booth works, and it has also has some 21 specifications on it. It indicates that the 22 emissions are about 99 percent covered whereas 23 right now it's going right up the chimney and 24 right in the air. There are OSHA requirements for 25 employees that were also part of the insurance 1 2 requirement. The VOC rating on this booth, 3 Volatile Organic Compounds, the emissions are 4 between 2.8 and 3.5 parts per million. It's an 5 credible decrease in the amount of emissions. Not 6 only that but the air draws it down and converts 7 it to a metal, a solid compound, all those 8 compounds, which are then disposed of properly as 9 opposed to going up in the air. 10 BOARD MEMBER GOEHRINGER: The last thing 11 is a portion of the building he's operating in 12 now is a wooden building; is that correct? 13 MR. BOSINIAK: No. It's concrete, cinder 14 block. 15 BOARD MEMBER GOEHRINGER: But the roof is 16 wood? 17 MR. BOSINIAK: Right. 18 MS. WICKHAM: The building he's proposing 19 is metal. It's like a Morton building, low, 20 BOARD MEMBER GOEHRINGER: And fire 21 retardant? 22 MS. WICKHAM: Yes. 23 BOARD MEMBER ORLANDO: So are we going to 24 demo this building and start over? 25 MS. WICKHAM: No. We are adding. If you 1 2 look at the site plan I have an A and I have a B. 3 The first page shows the front building, with what 4 is essentially five bays, two in the front and 5 although he doesn't have a door in the front, he 6 has two doors in the front, but three bays that he 7 can use. Then in the back, two bays, that's in 8 that first building. The first page of the site, 9 it says existing, and it says up in the top what 10 we've got. And you've got it say operation, one 11 story concrete block building, that's what that 12 is. That is going to reduced to a spray booth and 13 two bays in the back. 14 BOARD MEMBER ORLANDO: So he's doing an 15 alteration of the existing booths to create a 16 spray booth. 17 MS. WICKHAM: He's using the area where 18 the two or three bays are -- three bays I have 19 there in front are basically not going to be used 20 because that's where the spray booth goes. I'll 21 show you a picture of it. 22 BOARD MEMBER ORLANDO: That's going in one 23 of the bays. 24 MS. WICKHAM: That's going -- turn to the 25 next page -- right here, he's blocking off these 1 2 two bays, these two doors, and he's just using 3 this door now. And that spray booth, that big 4 metal thing, and this is what it looks like. 5 That's right inside the building, and those two 6 bays facing the road will not open any more. 7 BOARD MEMBER ORLANDO: You threw me when 8 you said Morton building and then you went to 9 this. 10 MS. WICKHAM: The Morton building is in 11 the back and that is just to replace the bays that 12 are used up by the spray boot. Those bays in the 13 Morton building in the back will be bigger because 14 he wants to be able to accommodate trucks in 15 there, now he's jamming the trucks in. He does a 16 lot of ambulances and fire trucks. 17 BOARD MEMBER ORLANDO: So there's no more 18 buff-outs or wet sanding out in the front now? 19 MS. WICKHAM: All that stuff that happens 20 in the front, it's very busy, it's very 21 distracting, those people won't have any access in 22 the front because the overhead doors. 23 BOARD SECY. KOWALSKI: Where is the 24 spraying now on the current plan? 25 MR. BOSINIAK: There's a room in the back ka ) 1 2 that I use as a spray room. When I got my license 3 18 years ago it wasn't required. 4 ASST. TOWN ATTY. CORCORAN: Gail, before 5 you go down the road of economic hardship, do you 6 have a point of view as to when 100-243 applies as 7 opposed to 241? AndfI hate necessarily to ask you 8 a question that I'm not certain of the answer of 9 myself. 10MS. WICKHAM: Well, then I won't feel bad 11 if I don't know. 12 ASST. TOWN ATTY. CORCORAN: My point is 13 241 suggests that you can't enlarge a 14 nonconforming use and 243 seems to suggest that 15 you can up to 30 percent under certain 16 circumstances, and it's not immediately clear to 17 me which one governs. 18 MS. WICKHAM: Let me tell you, when we 19 copied that, apparently they didn't put it back in 20 the right place, I don't even have it here, but if 21 I remember correctly, is that the one that is 22 entitled nonconforming uses and buildings? 23 ASST. TOWN ATTY. CORCORAN: Exactly, 24 nonconforming buildings with nonconforming uses. 25 MS. WICKHAM: This is a nonconforming I ) 1 2 building. 3 ASST. TOWN ATTY. CORCORAN: In what 4 respect? 5 MS. WICKHAM: It's too close to the front. 6 ASST. TOWN ATTY. CORCORAN: Okay. I don't 7 know why the code should be more liberal if you 8 have a nonconforming building as opposed to a 9 conforming building, but in any event it seems to 10 be the right section. It seems that under certain 11 conditions that the Planning Board could impose 12 that you should be allowed up to 30 percent, 13 right? 14 MS. WICKHAM: That's what I think. I said 15 100-242 I meant 243. 16 ASST. TOWN ATTY. CORCORAN: I heard 243, 17 that's why I just looked it up. It's 18 nonconforming buildings with nonconforming uses, 19 which this is, right? 20 MS. WICKHAM: Right. 21 CHAIRWOMAN OLIVA: Isn't that allowed to 22 expand under certain circumstances by '30 percent? 23 ASST. TOWN ATTY. CORCORAN: You're asking 24 for more than 30 percent, correct? 25 MS. WICKHAM: That won't accommodate the 1 2 amount of space that he needs to replace this. 3 Just so you know, the building is already ordered. 4 He went into the Town when the first thing first 5 came up, and he, for some reason, and I'm not 6 saying it's anybody's fault, and he understood 7 that he should go ahead and order that building. 8 He didn't have the choice anyway with the 9 insurance company, so we don't have the 10 flexibility of changing the size of that building. 11 We are really asking you instead of 30 percent to 12 go to about 70 percent. But he's not expanding 13 the business; he's just adding a building to 14 contain what he had because insurance and 15 emissions, environmental regulations have required 16 him to do that. 17 CHAIRWOMAN OLIVA: Is there a CO for the 18 tent that he has out there? 19 MS. WICKHAM: That's coming down. 20 BOARD SECY. KOWALSKI: Can we mark on the 21 plans that it's going to be removed? 22 MS. WICKHAM: We'll either remove it or if 23 they let us get a CO for it we will. 24 BOARD MEMBER SIMON: On the project 25 description as part of the file, under Item 2 it \ 1 2 says purpose of new construction requested, I'm 3 quoting from what you wrote, the question is to 4 expand the existing facility; could you clarify 5 that? 6 MS. WICKHAM: We're expanding the square 7 footage of the facility in order to accommodate 8 the use that had been employed in the old 9 building. We're not expanding the business; we're 10 expanding the facility. 11 BOARD MEMBER SIMON: If the Board approves 12 this, it would be acceptable condition if it said 13 there will not be room to service more cars that 14 now can be serviced, right? 15 MS. WICKHAM: Yes. He doesn't really 16 service cars, but we can work on that, but, yes, 17 he will not work on more cars. 18 BOARD MEMBER SIMON: Will not increase the 19 number of cars that can be worked on at any one 20 time? 21 MR. SENENFELDER: What he's' done where the 22 paint booth comes in the front because of the 23 standards he's actually lost that whole front 24 building. Basically just replacing of the 25 existing space. r, 1 2 ASST. TOWN ATTY. CORCORAN: The point I 3 was discussing from the Board's point of view with 4 Gail is if you go under 243 as opposed to 241, 5 what you're talking about is an area variance not 6 a use variance. You're talking about allowing 7 more than a 30 percent expansion, and one of the 8 issues is whether this is something that was 9 beyond the applicant's control, whether it was 10 self-created or not. And I think the financial 11 hardship issues are still relevant, but they are 12 less of a requirement; it's more how did we get 13 here, which is the story you've been telling. 14 MS. WICKHAM: I'm giving you everything, 15 and you can decide how you want to handle it. 16 BOARD MEMBER GOEHRINGER: How do you 17 determine the 70 percent? Based upon the size of 18 the new building? 19 MS. WICKHAM: Based on what's there and 20 what is going to be there, yes, square footage of 21 building space. If you look at the area that he's 22 using outside, he's using an area out front that's 23 going, and he uses an area out back that's 24 outside, then it's much, much less than that. I 25 didn't compute that because I didn't know if you 1 1 2 would want me to, but I could. 3 BOARD MEMBER GOEHRINGER: But we need to 4 compute that aspect of it because he's taking out 5 those three bays to put the spray booth in, but at 6 the same time, he's building a building to replace 7 that. I think the 70 percent sounds 8 extraordinary. 9 MS. WICKHAM: It is extraordinary. And I 10 use that number because I think that section of 11 the code and, Kieran, you have it in front of you, 12 is on a square footage basis. They talk about 13 expanding the buildings. That's why I use that 14 analyses. But if you talk about expansion of the 15 use. 16 ASST. TOWN ATTY. CORCORAN: It's the same 17 use, just using it's a greater area. 18 MS. WICKHAM: But that code does, if you 19 read it carefully, does talk about expands being 20 buildings. 21 ASST. TOWN ATTY. CORCORAN: It's what the 22 increase of the footprint is. 23 BOARD SECY. KOWALSKI: We were talking 24 about that earlier, and you were going to get some 25 numbers to us on the breakdown on that. That was i 1 2 where we left it. Remember when we weren't sure 3 whether or not to advertise it for that? 4 MS. WICKHAM: Yes. 5 BOARD SECY. KOWALSKI: At least if we had 6 a breakdown of the percentage. 7 MS. WICKHAM: I can get that to you this 8 afternoon. 9 BOARD SECY. KOWALSKI: Thank you. 10 MS. WICKHAM: If you close the record 11 today and hold it for that. 12 ASST. TOWN ATTY. CORCORAN: How do you do 13 on lot coverage? 14 MS. WICKHAM: We're okay on lot coverage. 15 We are lot coverage of actually 10. 9 and it's a 16 residential zoned, so we're only 20 percent. 17 Anything else on those issues? 18 BOARD MEMBER GOEHRINGER: You can see how 19 important it was for me to at least trigger that 20 question before you go into the rest of it. 21 MS. WICKHAM: Thank you. 22 BOARD MEMBER ORLANDO: I just want to make 23 a quick statement, and you can respond. So your 24 client has been doing auto body/lubritorium work 25 there for almost 20 years? 1 2 MS. WICKHAM: Yes, since 1987. 3 BOARD MEMBER ORLANDO: And if your client 4 didn't buy this piece of property and was still 5 renting, you wouldn't be before us today, he'd 6 still be doing another 20 years of auto 7 body/lubritorium work? 8 MS. WICKHAM: Yes. 9 BOARD MEMBER ORLANDO: I just wanted to 10 say that. 11 MS. WICKHAM: Are you ready for Andrew 12 Stype? That's in your packet. 13 BOARD MEMBER ORLANDO: The old real estate 14 building, what is that going to become? 15 MS. WICKHAM: That's still there, it's 16 rented to another broker. 17 The expenses that we have run through, and 18 I'm going to give you them in a different format 19 as well, are extraordinary, and have increased 20 significantly since he bought the property because 21 he had to get a mortgage, his utility costs will 22 go up with the spray booth somewhat. It will be a 23 more efficient operation, but it will cost him 24 more. He had it to get a loan to get the spray 25 booth, so that cost is higher. His insurance has i 1 2 basically at least doubled because now his 3 liability has to be coupled with the property 4 insurance. The real estate taxes here we show at 5 $6, 000, they will also increase significantly once 6 it is building goes up. Andy then went into 7 an income analysis, the office building at $25 a 8 square foot rental and the garage space at $12 a 9 square foot rental, those were based on a 10 comparable rentals in the vicinity. The real 11 estate office, there are several, the garage space 12 he likened to what is being charged by the 13 buildings up on Cox Lane, which are renting out at 14 about $12 a foot. He then took in a 10 percent 15 vacancy credit factor and came up and came up with 16 what you could attribute an expected return to the 17 property of a little over $22, 000. When you 18 analyze that against the expenses, it is a 19 negative return. 20 ASST. TOWN ATTY. CORCORAN: When you look 21 at the garage return, is that based on the 22 assumption that the property can't be used to run 23 the business and it would just be used as a space 24 rental? Because it doesn't show any income on the 25 business. ( ) 1 2 MS. WICKHAM: It's showing as a rental, a 3 return, he equated it to a rental for the garage 4 space as opposed to ownership usage. I'm going to 5 give you figures on his business usage shortly, 6 that will dovetail with that, and show you that's 7 not any better. 8 The second scenario I'm just going to 9 touch on briefly, but that may come up at some 10 point because in terms of improving a 11 nonconforming premises, you do have a 50 percent 12 rule, and Andy did a quick analysis for me to show 13 that this new improvement -- and he actually 14 valued it at 100, 000, that was originally what we 15 thought it was going to cost 80, that would not 16 exceed the 50 percent. 17 BOARD MEMBER SIMON: What is the 50 18 percent rule? 19 MS. WICKHAM: You increase, improved a 20 nonconforming building, it more pertains to fire 21 than anything else, but I just wanted him to throw 22 that in there. 23 Third scenario, what he did here was, he 24 said, okay, if we convert this to a residential 25 use what are we looking at, and we're looking at a 1 2 big negative here because obviously it would cost 3 a tremendous amount of money to change the site to 4 a residential vacant lot. He could sell it as a 5 vacant lot, and he's anticipating a $250, 000 6 value, which last year we be would have blinked 7 our eyes, but today is certainly feasible, 8 incredible but it's feasible, but even at 250, he 9 still would be looking at a tremendous loss. 10 ASST. TOWN ATTY. CORCORAN: Gail, just to 11 cover our bases here, when you show there's no 12 reasonable return, you have to show that there's 13 no reasonable return for any of the permitted uses 14 in the zone. 15 MS. WICKHAM: I'm going to bore you with 16 that too. 17 ASST. TOWN ATTY. CORCORAN: I don't want 18 to be bored by it; I just want to wrap it up. Can 19 we assume that the residential use is probably the 20 highest value use, and if there's a huge loss 21 there, then there's more than likely to be a huge 22 loss on any of the other permitted uses? 23 MS. WICKHAM: Yes. I was going to do that 24 after the income, but I'll do that right now. In 25 an R40 zone, one-family detached dwellings, which 1 2 is addressed in this appraisal; we have 3 agricultural operations, and the size of the 4 property does not accommodate that; we have 5 municipal-type uses, fire districts, the size of 6 the building would not accommodate that, and I 7 don't think it would be appropriate; wineries, 8 obviously it wouldn't comply because it's not 10 9 acres. And special exception uses in that area, 10 two-family dwellings, we don't have the acreage, 11 places of worship it's not big enough, schools 12 it's not big enough, philanthropic eleemosynary, 13 et cetera, it's not big enough, and the utility 14 rights of way; now wireless communication, he 15 could probably make a bundle but I think the 16 neighbors would have a problem, so I'm going to 17 assume that that is not a feasible use for this 18 property, beach clubs, tennis clubs or children's 19 recreation camps, I'm just running through the 20 list of permitted uses in the code, veterinary 21 offices, cemeteries, stables, those are not uses 22 that would be accommodated on a one acre piece of 23 property. So I don't think you could generate a 24 reasonable return and I think therefore the 25 single-family dwelling is the highest and best ci 1 2 use. And I think the other point that if this 3 appraisal doesn't say, but you can use the numbers, 4 that if this business were to continue just as it 5 were without expansion, that's going to be my next 6 point. Did I interrupt you? 7 BOARD MEMBER ORLANDO: I was going to make 8 a quick statement, did you consider or think about 9 going to the Town Board about rezoning it? 10 MS. WICKHAM: Yes. I'm going to get to 11 that. In terms of what if he leaves it just the 12 way it is, does he get a return at that point? 13 And if you look at his expenses and his income 14 analysis, which his accountant has given me for 15 the first nine months of 2005, his gross income 16 was $342, 000; his cost of goods sold was $249, 000, 17 that's things like labor, outside service, 18 purchases, supplies, paint, mechanical work that 19 he has to sub out to another location, so his 20 gross profit was $93, 000. Then if you take off 21 his business expenses of $63, 000 for that period, 22 he had a net income for $30, 000 for the first nine 23 months of the year and will have additional 24 insurance costs of $1, 400, additional mortgage 25 costs of $29, 000 and rent income, a positive l 1 2 figure of $11,250, that's a lot of numbers to 3 throw at you, but that means the net income for 4 the first nine months of the year, is barely over 5 $10, 000, it's $11, 850. So he's barely breaking 6 even, and if he is to sustain a loss of more than 7 30 percent because he's lost those bays in front, 8 he cannot continue in business, and that's another 9 part of the reasonable return, is what if he just 10 stays where he is; that's a problem. 11 If you want me to submit more specific 12 details on that, I could. I would prefer not to 13 because it is part of the public record, but if 14 you would like it I will submit it. 15 BOARD MEMBER ORLANDO: Your last financial 16 statement was based on putting new spray booth in 17 the building, but not putting the new building in 18 the back, correct? 19 MS. WICKHAM: Correct. 20 BOARD MEMBER DINIZIO: No. Your last 21 financial statement is how he's been doing 22 business for the past nine months. 23 CHAIRWOMAN OLIVA: But he has the spray in 24 there. 25 MS. WICKHAM: No. With the installation 1 2 of the spray booth, because I did include the cost 3 of carrying the spray booth. 4 BOARD MEMBER DINIZIO: You're carrying it, 5 but that net of that report you just gave us 6 doesn't include the loss of the three bays, and 7 the installation of this booth. The only thing it 8 includes is the amount of money you have to pay 9 for this booth. 10 MS. WICKHAM: On a monthly basis in the 11 mortgage. 12 BOARD MEMBER DINIZIO: He's not making 13 money with that booth right now. It's not in that 14 nine months. 15 MS. WICKHAM: I'm not sure I understand 16 the question, but he is still doing -- 17 MR. SENENFELDER: I understand what 18 you're saying. 19 MS. WICKHAM: This is Tom Senenfelder who 20 is an engineer who is a business associate of 21 Rich's. 22 MR. SENENFELDER: I understand what 23 you're saying is basically the numbers reflect 24 what he currently has done this year, but they do 25 reflect the fact that the forward part of the 1 2 building the last two months, those two bays, he 3 has stopped using them. Right now he's actually 4 seeing a severe loss -- for the past month, excuse 5 me. 6 MS. WICKHAM: These figures, Tom, only go 7 to September 30th. 8 BOARD MEMBER ORLANDO: That spray booth's 9 going in no matter what. 10 MS. WICKHAM: It's got to go in. 11 BOARD MEMBER DINIZIO: But when the spray 12 booth goes in, you're still not making money? 13 MR. SENENFELDER: No. The problem is the 14 volume, any business like a body shop requires 15 volume. 16 MS. WICKHAM: The spray booth will improve 17 his volume. 18 BOARD MEMBER DINIZIO: If you just get the 19 spray booth and you don't replace those bays, you 20 don't make money. 21 BOARD MEMBER ORLANDO: That was the last 22 statement he would make $10, 000 a year. 23 BOARD MEMBER DINIZIO: The $10, 000 a year 24 doesn't include anything to do with the spray 25 booth. 1 2 MR. SENENFELDER: No, $10, 000 a year 3 actually reflects his income for the first 9 4 months of the year. And now he's reduced his 5 capacity about 30 percent on the building's 6 production. 7 BOARD MEMBER ORLANDO: The last statement 8 she put the mortgage in for the spray booth. 9 MS. WICKHAM: I did, but it still comes up 10 at $11, 000. 11 ASST. TOWN ATTY. CORCORAN: It reflects 12 some of the costs but not the loss of income going 13 forward. 14 MR. SENENFELDER: That's correct. In 15 fact, if you do an analysis upon, that's on an 16 exponential rate because you can't bring in 17 business as pro shop from different insurance 18 companies because he doesn't have the facility. 19 In fact, now he actually schedules the work and 20 has to turn work away, send them over to other 21 shops because you can't bring the cars in because 22 he only has enough space for one and a half cars 23 that he can mechanically work on, and he doesn't 24 have the proper paint facilities because he can't 25 use that facility properly. So, in fact, if you 1 2 go to the shop many times now, you'll find 3 multiple cars -- and I've seen up to nine cars in 4 the back -- that are waiting to be repaired, and 5 he has to make the determination do I send it to 6 another shop or turn the next customer away. 7 Without that facility, you know, any business, 8 especially where we live now, residences, more 9 people are out here now, you need to expand to 10 keep pace with what you have, but he has a 11 facility that was actually designed, I believe the 12 building was in place somewhere in the '30s. The 13 building hasn't seen any appreciable increase in 14 the size or space or anything since the '30s. A 15 lubritorium is a term from the '30s, from the days 16 of the Model T. 17 ASST. TOWN ATTY. CORCORAN: I thought we 18 should spend a minute or two how this increase, if 19 not increased use but sort of increased use of 20 space, what effect if any it will have on the 21 neighborhood and the surrounding area. That could 22 be a main thrust here. 23 MS. WICKHAM: My next point is that, but 24 starting with the building location, the proposed 25 location. My first question came in, why don't } 1 2 you just attach that to the existing building. 3 His response was he could do that, he could kind 4 of cantilever it off the southwest corner, but he 5 was trying to take into consideration the 6 residential surroundings and get it as far away 7 from the homes as he could. If he brings it up to 8 the building, it's going to be closer to the main 9 road and therefore more visible over the fence. 10 If he's brings it to the existing building, it 11 will be closer to Pequash Avenue and closer to 12 those homes. So he thought this was probably the 13 best place for it to be to have a minimal impact 14 on the neighborhood. It does have a door at 15 either end, so he does need room to be able to 16 maneuver, and the spray booth door if you look at 17 your second proposed map has a western bay, so he 18 has to be able to get out that way. That was the 19 only reason that he decided not to attach it to 20 the building. He thought it would actually 21 minimize the impact on the residential area. 22 We lost Mr. Huntington and Tom Wetzel, who 23 were here from the Fleet's Neck Association, and I 24 believe they were going to speak favorably on 25 it. When what Mr. Huntington said to me before 1 2 the hearing was this is the kind of guy we need in 3 the neighborhood. They were very appreciative of 4 what he's done to clean up the area. He will be 5 going to site plan review and the Planning Board, 6 and that's going to involve a lot of aspects of 7 screening and building design and building 8 placement and access issues and parking issues. 9 He is also going to be taking what is now allowed 10 as 15 use cars, sales spots and reducing that down 11 to five. That is the only thing that's going to 12 be in the front of that building, all the 13 detailing, the washing, the whatnot that goes on 14 on the Main Road area is going to be gone. 15 Everything will be moved into the buildings in the 16 back. We have a letter here from Emily Victoria. 17 BOARD SECY. KOWALSKI: I have that. 18 MS. WICKHAM: Emily and Jim Grathal own 19 the house directly across the street. She is 20 supportive of his application. I think that's 21 very important because she would probably be as 22 much affected by it as anyone. And Rich has 23 talked to other people in the neighborhood and 24 he's been very good about making sure that they 25 are not unhappy with what he's doing. I believe 1 r 1 2 he's also talked to the owner of not Elliot 3 Dawson, but his sister who owns the house 4 immediately to the south and to the lady who is 5 renting the house. 6 In terms of the neighborhood in general, 7 again, it's been a long-standing use that's been 8 there for a long time. It's not going to change 9 the neighborhood significantly, and you do have 10 other -- it's in the HALO Zone and I believe I put 11 the HALO map in your package. So it is part of 12 the hamlet density studies and that I think is an 13 important factor,, as well as the DiSantis 14 Christmas tree across the street and other uses in 15 that Main Road area. 16 If I could just tick through some of the 17 other issues on a use variance. I think we have 18 talked about reasonable return, if you have any 19 more questions, I can give them to you. The 20 hardship is tremendously unique. Fortunately 21 nobody else in the neighborhood has the insurance 22 and EPA conditions he does. It does not apply to 23 the substantial portion of the district, it's just 24 this property, and it will not alter the essential 25 character of the neighborhood bah and because it / 1 2 is continuing to be what it has been since the 3 '30s, and he will be screening and actually 4 improving it. Before the Planning Board even told 5 him he had to do it, he's done a lot of it 6 already. It's the minimum relief necessary; it's 7 not self-created in terms of the insurance 8 requirements, and it does observe the spirit of 9 the ordinance, now that was a tough one, but I 10 think the reason it observes the spirit of the 11 ordinance is because use variance are permitted 12 although limited, and this is the situation where 13 I think they should be available. Public safety 14 and welfare are served by the environmental 15 improvements he's making and certainly substantial 16 justice will be done. 17 Now, I just want to tell you quickly about 18 the other approvals because that was a question. 19 We have had two meetings with the Planning Board. 20 We have submitted a site plan; it's been accepted. 21 We have retained a surveyor to make additional 22 requirements that they have because although their 23 letter says it's incompleted, that is for a 24 processing purpose, and they do, quote, agree with 25 the concept design, unquote. They have been very 1 2 supportive. 3 A change of zone was filed with the Town 4 Board to Hamlet Business on October 4, 2005 at the 5 suggestion of this department. I am still waiting 6 for a work session appointment. We will agree to 7 continue to pursue that, but we anticipate that 8 that's not going to happen immediately; that will 9 be involved with the HALO review; it will be 10 involved with other applications in the area. And 11 also I think the use variance, number one gives 12 him more immediate relief that he essentially 13 needs, and it also gives the Board the ability to 14 control and limit the conditions of this use and 15 not open it up to a general free-for-all down 16 there. 17 I do want to mention one issue about 18 hamlet business use and that has to do with the 19 definition of "garage. " Hamlet business does 20 permit public garages, but it doesn't permit a 21 repair garage. However, the pre-existing 22 definition from the 1973 code -- and that's in 23 your material -- does allow that because public 24 garage and repair garage were all in the same 25 definition. And I want to mention that in case we i 1 2 have that issue when we go to the building 3 department, we did explore that, and I don't have 4 to come back to you and discuss that. 5 Also, the code requires the 300 foot 6 residential setback. The special exception for 7 the auto sales we did address that, but I want to 8 make sure that we address that here today as well, 9 and if you want me to go into that in more detail, 10 I will, but I think it's assumed in our whole 11 discussion. 12 Mr. Aliano applied for a use variance on 13 this property, which was denied by your Board in 14 2004 I believe, and I want to distinguish that 15 application. That application was basically for a 16 shopping center. The neighborhood was not happy 17 with it, understandably. So there's a different 18 aspect to this use variance. It was not a 19 hardship; there was no financial showing; there 20 was no proof in the record. It was denied on that 21 basis, it's a different type of situation. 22 BOARD SECY. KOWALSKI: That was 1990, 23 right? 24 ASST. TOWN ATTY. CORCORAN: '89. 25 MS. WICKHAM: It was 3907. Maybe it was 1 2 1990, yes, I'm sorry. 3 And finally, as I said before, if there 4 was ever a reason for a use variance, I think this 5 is it. I think Rich has a couple of things he 6 wants to say, and then we'll see if you want us to 7 say anything else. 8 BOARD MEMBER SIMON: One question, how 9 does this HALO region affect this? I thought HALO 10 has to do with affordable housing? 11 MS. WICKHAM: It does. But it's an 12 indication that that's a denser area of the 13 community, and that's where development is going 14 to occur. It's not out in an agricultural area; 15 it's not isolated from the center of town. 16 MR. BOSINIAK: My name is Rich Bosniak, I 17 own Rich's Quality Auto Body. I'm in business 18 there over 18 years. I live here in Cutchogue. 19 I've been here over 20 years. My family's been 20 here for over 30 years. I have three daughters 21 that go to the Mattituck/Cutchogue school. My 22 wife works for the school, I'm not going anywhere. 23 So I'm really just trying to conduct business. I 24 purchased the property a year ago. It was not 25 available to me to purchase it before then because \ 1, 1 2 Mrs. Aliano did not want to sell it. He was very 3 generous to me because my rent was low, but from 4 purchasing the property, my expenses everything 5 has tripled -- more than that. And I really do 6 need to put up this building in order to conduct 7 my business. I don't think I can conduct my 8 business if I don't get a variance or go for a 9 zone change to put this building up. I have been 10 offered to sell and get out, but I have three 11 daughters to put through college, and I'm a young 12 guy, I plan on being in business for a long time. 13 If there's any other questions anybody has. I'm 14 just trying to conduct business. I'm a service to 15 the community. There's five body shops between 16 Riverhead and Orient. For an area like this 17 that's very undersized. There's over 25 18 mechanical shops that repair on cars between 19 Orient and Riverhead. I feel that you need me 20 here. You need somebody to repair the cars. I 21 don't do mechanical repairs there. I do strictly 22 a body shop. I do sub-out to all the mechanical 23 shops. The spray booth that I did put in that I 24 want to continue forwarding on is environmentally, 25 I live here, this is my town. When I got my fresh 1 2 air permits and whatever, all this stuff wasn't 3 required. Because of the insurance and because I 4 purchased it, of course, I had to do it. It's a 5 lot of money, but it's a good thing. Everything's 6 filtered, and fumes are not going out to the 7 environment. It's a very needed thing, 8 MS. WICKHAM: Do you want to hear about 9 the water system, dry system differential? 10 MR. BOSNIAK: I don't know of a water 11 system out here. Ted's Auto Body has an older 12 cross-draft booth, First Class Auto Body has an 13 older downdraft booth. Starlight Auto Body has a 14 cross draft booth. These are all older spray 15 booths that don't have a water system. So this 16 water system is a good thing, but you also have 17 other environmental issues because that water has 18 to be disposed of, that contamination has to be 19 disposed of. 20 CHAIRWOMAN OLIVA: How do they do it? 21 MR. BOSINIAK: My system is a dry 22 system. I have filters. The water system goes 23 through, the water gets collected, and the water 24 has to be carted away. This is just a dry system. 25 BOARD MEMBER GOEHRINGER: Rich, do you 1 2 honestly think that if this property was hamlet 3 business Mr. Aliano would have sold it to you? 4 Certainly not at the price you were paying for it. 5 CHAIRWOMAN OLIVA: This is besides the 6 point. 7 BOARD MEMBER GOEHRINGER: I'm saying in 8 general, I think that since the property was 9 residential, you were probably better off because 10 I think they have less interest in it, and the 11 only reason I say, I know the Aliano family for 12 many years, and I'm not putting words in anybody's 13 mouth, but they own primarily commercial property. 14 Their shopping centers are all up in the Shoreham, 15 Rocky Point, Miller Place, every one of those are 16 multi, 26 units some of them have. I suspect that 17 conceivably the reason why you're here and the 18 reason you did buy it was because of that reason, 19 that there really wasn't anything they could do 20 with it at this point, except use it as it was. 21 MR. BOSINIAK: At this point in my life I 22 wasn't going to start over anyplace else. I do 23 live in Cutchogue, and I have been in business for 24 a long time, and I do have a good following. I 25 didn't have much of a choice. Mr. Aliano, the old 1 2 man who was my landlord was a good friend of mine 3 and still is today. His son got involved. His 4 son is a different person. His son tried to sell 5 my business out from under me. He advertised my 6 business. I really had no choice but to buy the 7 property. 8 BOARD MEMBER GOEHRINGER: Thank you. 9 CHAIRWOMAN OLIVA: Anybody else have any 10 questions, of Rich or Miss Wickham? 11 BOARD SECY. KOWALSKI: I had one question, 12 Gail, could you just confirm for the record how 13 many uses there are because the old CO has a lot 14 of uses that aren't there anymore. There are just 15 the two uses, primary uses, right? 16 MS. WICKHAM: There is the real estate 17 office use and there is Rich's Quality Auto and 18 the auto sales. 19 BOARD SECY. KOWALSKI: So the auto sales 20 would go on in the back? 21 MS. WICKHAM: It would continue in the 22 front, but the volume would be reduced. 23 BOARD SECY. KOWALSKI: So it's going to be 24 in the parking that's shown on the plan? 25 MS. WICKHAM: It will be where it is now, 1 2 in front of the fence, but it will not be as many 3 vehicles. 4 BOARD SECY. KOWALSKI: How many vehicles? 5 MS. WICKHAM: Five. He has permission for 6 15. 7 ASST. TOWN ATTY. CORCORAN: You will limit 8 it to five. 9 MS. WICKHAM: I don't know if he mentioned 10 he doesn't keep cars for parts on the property 11 either. 12 BOARD SECY. KOWALSKI: Thank you. 13 MS. WICKHAM: So I will get you the 14 specific numbers on the square footage. 15 BOARD MEMBER ORLANDO: That was Rich's 16 Quality -- 17 BOARD SECY. KOWALSKI: You mean the 18 breakdown for the 70 percent? 19 MS. WICKHAM: Yes. 20 BOARD SECY. KOWALSKI: That would be with 21 the tent building or without it? 22 MS. WICKHAM: I'll give you both. 23 CHAIRWOMAN OLIVA: I'll make a motion to 24 close the hearing and reserve decision until 25 later. I � ,1 1 2 (See minutes for resolution. ) 3 (Time ended: 3:33 p.m. ) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PRELIMINARY DRAFT - RQA Hearing 11/17/05 for staff use: 1 2 CHAIRWOMAN OLIVA: Our next hearing is 3 RQA Properties. 4 MS. WICKHAM: Good afternoon, Abigail 5 Wickham for the applibant, RQA properties. I'd 6 like to thank you for having the hearing at the 7 end of the day, I know it's been a long day for 8 you and we will try to cover what is an awful lot 9 of material as expeditiously as possible. 10 As you know, this is a variance request to 11 add an additional building, which is really an 12 accessory to his main usage, it's not going to 13 house a separate business. It's not an expansion, 14 it's basically to restore an area that has been, 15 in essence, confiscated by requirements that he 16 has to comply with for insurance and EPA 17 purposes. 18 We are here under code Section 100-241, as 19 a nonconforming use. I think, and I had 20 discussions with the Building Department, that the 21 Board could treat this if they wished and the 22 Building Department had no objection, as a a,4 3 23 100-242, nonconforming use and building, which 24 would allow up to a 30 percent expansion, and we 25 do exceed that. So we would be seeking a variance 1 2 from that as well. If you consider that as an 3 area variance, I think our proof is certainly 4 going to address those issues. However, we are 5 addressing this as a use variance application, and 6 providing the proof that we think you need to 7 sustain the decision on no reasonable return and 8 the other criteria in the code. 9 I put together a package, there are seven 10 copies of handouts that I wanted to make to you 11 during the presentation. I thought that rather 12 than running them up every time I mentioned, I'd 13 just give them to you as a package. And I'm sure 14 you are going to be spending some time on this 15 decision, you can look at them later, so you can 16 listen to what I'm saying now. 17 As I said, I've done very few use 18 variances during the course of my career, because 19 they are difficult to obtain. They shouldn't be 20 granted frequently, but I have to say that if ever 21 there was one, I think this is appropriate for it. 22 I want to review for you the property history, the 23 business of Rich's, the financial and economic 24 issues and the other approvals that we are seeking 25 in connection with this need of his to expand the 1 2 building area. 3 You have before you a property history 4 sheet that goes through the different items that 5 have happened on this property over the years. I 6 just want to highlight that this was originally 7 before zoning an automotive usage, that it was 8 zoned business when zoning came in, and Ed Fox was 9 there with the Esso station, that it has a 10 multiple use history, that it was rezoned in 1989 11 to residential R40 when the automotive operations 12 were in full bloom. It wasn't any cessation of 13 that business and Rich came into the property as a 14 tenant around that time. Was it '87? 15 MR. BOSINIAK: '87. 16 MS. WICKHAM: '87 just before then. So 17 when he started it was zoned for business use, 18 and. It was changed later than that, I don't know 19 if he was aware of that because he was busy taking 20 care of his business. In any event, in 2004 the 21 property became available. Mr. Aliano put it on 22 the market. He really had no choice but to buy 23 it. He paid 550 for it, which was the price able 24 to obtain it for. What happened then was he had 25 since the '80s been operating as a tenant. He had 1 ) 1 2 garageman's insurance. He had all his permits 3 that he was required in order to conduct the 4 business. When he became an owner, his insurance 5 company advised him that now that he was getting 6 ownership insurance, he could no longer continue 7 under the tenant policy that he had, that he had 8 to comply with EPA and insurance standards. And 9 they came down on him very heavily. They 10 basically gave him a few months to put in an 11 environmentally sound spray booth or they were 12 going to shut him down, and he can't stay in 13 business if he doesn't have insurance. 14 In your package is the letter he received 15 from the insurance company that essentially has 16 notified him that his insurance as of now will be 17 canceled in December if he doesn't comply. And it 18 lists on the back the reasons and the first one is 19 the spray booth, so that is the essence, that is 20 the guts of his hardship today, and his need for a 21 use variance. 22 The 1950s survey that's in the file shows 23 that there was a gas station where the real estate 24 office was located and what was artfully called 25 the "lubritorium" in the garage building. I 1 2 hadn't heard that term recently, but that gives 3 you -- 4 BOARD MEMBER ORLANDO: So you've heard it 5 before? 6 MS. WICKHAM: I think I've heard it. But 7 in the context of Van Tuyl's survey, this shows 8 that there has been that type of usage in the \ 9 building for a long time. In 1974, Tad Auto Sales 10 came in and got a special exception from this ` 11 Board to have in addition to the uses that were 4' oy 12 already there 15 used car sales slots. That 13 condition did require minor repairs only. Rich is 14 going to talk about the extent of auto repairs 15 that he does when he speaks, but I believe that 16 that decision was geared towards the auto sales 17 business itself because it appears that there was 18 already an existing glazier in the building who 19 did auto repair auto glass and metal fabrication, 20 and there is a letter in your file to that effect. 21 CHAIRWOMAN OLIVA: May I interrupt you, it 22 also says that no further business may be 23 established on these premises other than existing 24 one of the glazier and the used car business of 25 the applicant, and that condition runs with the • TRANSMITTAL WITHOUT COVER LETTER DELIVERED/P27 /2010 ZBA OFFICE /It), DECA w FROM: 6.t.t.2 boe4 .1,0_-/-71 g-0 ut4005 RE: iec. -Al IS 444_7-e 6-7 ci 21 AppEALc. r_t) 0:es --P , e ere, c s /9 ‘5 / e d Iy 2A4.- ,4 n7/ .° l' /C1 Jt 61P-e--e 4Zu12 - / ? v ( ,— H o s, 7; elm kr APPEALS BOARD MEMBn - ✓'d'St1FFQE,- --' �'1!G,-, Southold Town Hall •Gerard P. Goehringer,Chairman •• 53095 Main Road James Dinixio,Jr. e P.O.Box.1179 Lydia A.Tortoran! p �, Southold, New York 11971 Lora S. Collins : 'j' le ZBA Fax(631)765-9064 George Horning =_611 * �►a,.0 Telephone(631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION .MEETING OF DECEMBER 7, 2000 Appi. No. 4882— LAV-0.0R-AGRICULTURAL,:INC. STREET& LOCALITY:3132Q Wit Road, Cutchogue 1000-103-119.1 and 192 DATEOF PUBLIC'HEARING:.December 7, 2000 FINDINGS OF'FACT PROPERTY FACTS: Applicant's:property comprises 27 acres on the south side pf Main Road••in Cutchogue, With 565. feet of road frontage. It is largely planted in grapes. Existing buildings, ail near Main Road,are a farmstand,farmhouse;garages and several barns including one used for wine;making and one used as a tasting room. The property is z+aned Business-fora depth of 300 feet from Main Road, and otherwise.R 80. BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated September 20, 2000, denying a permit to construct a new tasting-storage-office building.because the building-_wpuid be 203 feetwide. Code section 100-103C provides that in the Business zone, "no single structure.shall have:more than sixty linear feet of frontage on one street." AREA VARIANCE REL:IEF:REQ.U,ESTED_ Applicant requests a variance authorizing the dimensions of a 203:fdot-wide building as proposed-in the construction plans submitted with the building-perr Sit.application. • REASONS FOR-BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: •(1) The proposed building will replace the existing tasting barn and will add storage and shipping areas that applicant states are very badly needed. The proposed • façade has.several visually distinct segments, reflecting.the different activities within. The architect's stated intent is to create the impression of a cluster of different buildings. ' Applicant states that having a single building for the different activities will enhance efficiency and reduce lot coverage and the amount of roadway needed on the property. Alternate sitings for'tile. building, to obviate the need• for a variance, would require destruction of signif€cant,ainounts of mature grapevines. (2) The proposed building will-be more than 200 feet from the road and will be screened by trees. The addition of the building should upgrade the visual environment of the neighborhood; which is-dominated by substantial commercial uses on the south L Page 2—December 7,\....)0 Appl. No. 4882—Lav-Cor Agricultural, Inc. Southold Town Board of Appeals • side of Main.Road_ The building,while large, is not monolithic. Its size is consistent with• other wineries in •Southold Town, and reflects the nature of the-winery•use. The proposed traffic plan should reduce road congestion by moving the winery entrance, now located directly across from a shopping center entrance, well to the east. For these reasons, grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (3) There is no evidence that grant of the requested variance will have an • • adverse effect or impact on physical or environmental conditions. (4) Grant of the requested variance is the minimum action necessary and adequate to enable applicant to implement its expansion plan while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the requested variance, authorizing'construction of the proposed building as described in the application made to this Board, including screening as recommended by the Planning Board, subject to the CONDITION that there no be obstruction to vision at the entrance and exits to the property, and screening shall not exceed a height of 2-112 feet above the average street level within an isosceles • triangle having three-foot sides along each street to preserve sight lines for traffic. VOTE OF THE BOARD: AYES: Members (Chairman) Goehringer, Tortora, Collins, and Horning. (Member Dinizio was absent) This Resolution was duly adopted (4-0). "•/ 'GERARD P. GOEHRINGER, CH' "MAN RD-IF-WED AND FILED BY ard, SOUTHOLD TOWN C s_=t•_k {i • r f oow:, Town SC t'Oil . 41) ,,,,,,,,,,, APPEALS BOARD MEMBERS ��,�`fo�0§����Ck�'p�'; Southold Town Hall Ruth D. Oliva,Chairwoman 53095 Main Road Gerard P.Goehringer ; y $ P.O. Box 1179 Lydia A.TOrtora ; �"� • '� Southold,NY 11971-0959 Vincent Orlando '1',g� 0- ,+S Tel. (631) 7654809 James Dinizio, Jr. d * ��,•0i Fax(631) 765-9064 RECEIVED http:;/southoldtown.northfork.net c-,1) /5 �4,7 BOARD OF APPEALS • . ,, TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DECISION P4.11 `, MAY 20, 2004 MEETING r� Appeal No. 5383 - STANLEY MALON Property Location: 32845 Main Road, Cutchogue; CTM 97-5-4.5. Zone: B-Business. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 53,821 sq. ft. parcel has 150 ft. frontage along the Main Road (a/k/a NYS Rt. 25), depth of 362.92 ft. along the west side, 349.58 ft. along the east side, and 154.16 lin. ft. along the rear (northerly) lot line. The property is improved with an unoccupied single-family, two-story residence and accessory frame structure, shown on the November 7, 2001 survey prepared by Stanley J. lsaksen, Jr. The property is located in the B-General Business Zone District. BASIS OF APPLICATION: The basis of this Appeal is the Building Department's May 20, 2003 Notice of Disapproval, citing Code Sections 100-102 and 100-103C, in its denial of a building permit application concerning new construction for a multiple-use building on a 53,821 sq. ft. lot. The reasons cited in the Building Department's denial, states that the construction is not permitted because: (1) the bulk schedule requires a minimum lot size of 30,000 square feet per use, and there are up to eight different proposed uses, and in addition, (2) the new construction notes 89 feet of linear footage instead of the code limitation of 60 linear feet. APPLICABLE CODE PROVISIONS: The sections of the Zoning Code, Chapter 100 noted in the Building Department's Notice of Disapproval read as follows: § 100.102. Bulk, area and parking requirements. No building or premises shall be used and no building or part thereof shall be erected or altered in the B District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. § 100-103. Front yard setbacks. [Added 8-22-1995 by L.L. No. 18-1995] C. A project shall be divided into separate structures so that no single structure shall have more than sixty (60) linear feet of frontage on one (1) street. The setbacks of multiple structures on a parcel may vary, provided that the average setback of the Page 2—May 20,2004 ' ZBA No.5383—Stanley Melon CTM 97-5-4.5 at Cutchogue structures meets the setback required above and all buildings are at least seventy-five (75) feet from the right-of-way. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 25, 2003, December 18, 2003, February 26, 2004 and March 18, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection off the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant is desirous of building a new commercial building, and requests a varianceto allow two 38' x 106' building areas connected by a second-floor mezzanine. In this respect, the Applicant requests: (1) Variances under Sections 100-102 and 100-103C, based on the Building Department's May 20, 2003 Notice of Disapproval concerning with less than 30,000 sq. ft. per use and with a building frontage greater than 60 linear feet, and (2) Interpretation of Section 100-102, Bulk Schedule, based on the Building Department's May 20, 2003 Notice of Disapproval, to determine that multiple occupancies do not require an additional 30,000 sq. ft. of land area per permitted use in the B-General Business Zone District. The applicant is proposing a building area with 89 linear feet wide and resulting in multiple commercial uses (common building area on a 53,821 sq.ft. parcel). ADDITIONAL INFORMATION:AMENDED RELIEF: On December 4, 2003, the applicant submitted reasons and clarifying the request for an Interpretation of Section 100-102. The applicant clarified that a determination is requested from the Board, determining that multiple occupancies do not require an additional 30,000 sq. ft. of land area per permitted use in the B-General Business Zone District. The applicant is proposing one commercial structure with up to three different permitted uses with eight tenants/occupancies on this 53,821 sq. ft. parcel, as shown on the 12-11-03 Site Plan prepared by Harold E. Gebhard Architect. SITE PLAN INFORMATION: The 12-11-03 Site Plan prepared by Harold E. Gebhard, Architect, shows a proposed building area 9,496 sq. ft., including 8,616 sq. ft. on the first floor and 880 sq. ft. for the second-floor mezzanine, and lot coverage of 17.6%. The two 38 ft. wide by 116 ft. deep building areas are connected by an 880 sq. ft. upper mezzanine. The number of uses vary, depending on the type and size necessary for each tenancy(retail, office, delicatessen, or other uses as may be authorized by codes.) ALTERNATIVE RELIEF: The Board determines that applicant's request is not the minimum necessary, and that there is an alternative available to reduce the overall length of the building. The building at each side may be reduced to 32 feet, reducing the amount of relief Page 3—May 20,2004 Se ID ZBA No.5383—Stanley Malon CTM 97-5-4.5 at Cutchogue by 12 feet from the original 38 ft. as requested, resulting in a total linear footage of 78, reduced from the applicant's request of 89 feet. This reduction provides greater setbacks and greater areas for parking,fire lanes, landscaping and buffer areas. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: , Area Variance for Alternate Relief 1. Grant of alternate relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed design and alternate relief reduces the length of the building length, and the reduced size will blend into the neighborhood. The neighborhood consists of other similar businesses of offices and retail areas, and surrounding business zone districts with similar permitted uses. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Without a variance, the necessary floor area to accommodate the prospective tenants and future occupants would not be possible. The floor areas for each use and tenant requires a minimum size and openness required for ADA access. 3. The alternate relief granted is somewhat substantial. The linear footage of the original request for 89 feet would result in 48% over the 60 ft. code limitation. The alternate relief for two 32 ft. sections, totaling 78 linear feet with the open 14' at the center for the second-floor mezzanine, amounts to a lesser variance, or 30% of the code limitation of 60 ft. building frontage (width). It is also clear that the front side of the proposed building face is 64 feet in length showing the two 32 ft.wide full wall sections facing the street. 4. The difficulty was self-created when the new construction was planned without conforming to the current Town Code requirements. 5. During the hearings, concerns were raised about flooding due to poor drainage or soil conditions, and traffic. As to flooding and drainage, the applicants are submitting plans to mitigate potential adverse impacts to mitigate these concerns, which engineering information and plans will be reviewed during the final site plan process with various agencies. The conditions in this determination will ensure that the applicant shall prepare a final design that will properly contain water and runoff on this site without adverse impacts to surrounding areas, some ofrwhich are criteria listed in the September 5, 2003 letter from.James A. Richter, R.A. in the Town's Engineering Department for proper contours of the land, additional drywell containment, sanitary system design requirements, and the like. No evidence has been submitted to suggest that the alternative relief granted herein will create any more traffic in • • Page 4—May 20,2004IND ZBA No.5383—Stanley Melon CTM 97-5-4.5 at Cutchogue this existing business district than what the applicant would be able to construct as a matter of right without a variance. 6. Grant of the alternate relief is the minimum necessary and adequate to enable the applicant to enjoy the benefit of a new building, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Interpretation WHEREAS, Application No. 5383 also includes a written application dated December 4, 2003 for an INTERPRETATION of the Zoning Code, Article X, Section 100-102 "Bulk Area and Parking Schedule" to determine that multiple occupancies do not require an additional 30,000 sq. ft. of land area per permitted use in the B-General Business Zone District; and WHEREAS, after due notice public hearings were held blithe Board of Appeals on December 18, 2003, February 26, 2004, and March 18, 2004 in the Assembly Room, Town Hall, 53095 Main Road, Southold, New York to consider the applicant's Appeal of the Building Department's May 20, 2003 Notice of Disapproval; and WHEREAS, at said hearings all those who desired to be heard were heard and their testimony recorded, and WHEREAS, all testimony has been carefully considered; and WHEREAS, Section 100-102 "Bulk Area and Parking Schedule" of the Zoning Code reads as follows: §100-102. Bulk,area and parking requirements. No building or premises shall be used and no building or part thereof shall be erected or altered in the B District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. EN BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Tortora, seconded by Chairwoman Oliva, and duly carried, TO INTERPRET and ANSWER the question relative to Section 100-102 regarding whether or not a minimum of 30,000 sq. ft. of land area applies to each use or occupancy, as follows: NO, that Section 100-102 does not require an additional 30,000 sq. ft. of land area • Page 5—May 20,2004 ZBA No.5383—Stanley Melon CTM.97-5-4.5 at Cutchogue per permitted use in the B-General Business Zone District, because Section 100-102 clearly states that "...no building or part thereof shall be erected ...in the B District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full." Since the Bulk Schedule and Parking and Loading Schedules for the General Business 'B' Zone District provide for a minimum requirement of 30,000 sq. ft. of land area, this requirement is interpreted to apply to each building, rather than to each use or occupancy within building areas that was noted in the Building Department's May 20, 2003 Notice of Disapproval; and BE IT FURTHER RESOLVED, TO DENY the area variance application, as applied for, and to GRANT ALTERNATE RELIEF for two combined 32' linear footages, plus 14 ft. open connection by an upper mezzanine, for an overall linear footage not exceeding 78 feet for the new building construction,SUBJECT TO THE FOLLOWING CONDITIONS: 1. Drywells and other basins shall be properly designed by an engineer and installed to contain rainwater and other water runoff within the boundary of this site, to minimize any future impact of run-off onto adjacent properties; 2. The minimum side yard setbacks shall be 32 feet on the west side, and 28 feet on east side. 3. There shall be an unobstructed fire access for a minimum 20 ft. clearance on the west side and minimum 18 ft. clearance on the east side. 4. Building height shall be limited as requested to one-story plus a single mezzanine centered between the two building sections. 5. Building width shall be limited to 32 feet on each of the two sides and open center 14 feet wide for a center(upper, one-story) mezzanine (resulting in a total maximum length of 78 feet). This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and • Page 6—May 20,2004 ZBA No.5383—Stanley Malon CTM 97-5-4.5 at Cutchogue other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Tortora, Orlando, and Dinizio. (Absent was Member Goehringer.) 's Resolution was duly adopted(4-0). ()E,Qu.) --2._ /1 1 Ruth D.Oliva,{Chairwoman 5/21104 Approved for Filing RECEIVED 1`G-1'4 Ng 21 2004 *tf A'4 ti • • • FORM NO. 4 TOWN OF SOUTHHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of • Occupancy No. 7'53113 Date August 2 , 19. 73. - • 'YIDS CERTJF'1ES that the building located at l'air' Road c- PeCIua_ SI) Avc?Street Map No. xx Block No. xxx Lot No(. . .Cv c.bcgve. : . . . . . . • . . . . re uiremer.�ts for business building; conforms substantially to the;� rjpli', T�rd1C1gertg ,t95 built, Certificate of- OCC , dated . . .Before_ ,Apr i.3. .23., 1957. . pursuant to which 1 {Pliti im it No. j,3 33. `•s Y � dated Jil;y',L St 2 , 19.73.-, was issued, and conforms to all of the require- rnc,,ts of the applicable provisions of the law. The occupancy for which this certificate is issued is . .USJ!,. .rf. 1._114 .i.r,c .( Pu1i1 . _go S- staticlz The cotificate is issued to P'-%`-i..��r: Fox �. .-w-,1 ;e c�ti•,r)c I:. (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval pr' e.; ,.t i UNDERWRITERS CEit`f1F1CATE No. yOXStJ •i• C . ` HOUSE NUMBER 29950 Street or ' Building Inspect (/a4:,4.4,) •' - Southold Town Board of Appeals -8- December 19 , 1974 PUBLIC HEARING: Appeal No. 1983 - 8 :45 P.M. (E.S.T.) upon application of Thomas A. Duffey, President, T.A.D. Auto Sales, Main Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article Vii, Section 170 B, Subsection (4) , Subsection (f) for per- mission to use pre-existing business property surrounded by residential area. Location of property: Main Road, Cutchogue, New York, bounded on the north by Main Road; east by Pequash Avenue; south by M. Barteau; west by Fleet Estate. Fee paid $15. 00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by an affidavit signed by _Edward W. Fox, as follows : "I, Edward W. Fox, state that I did conduct an authorized used car dealership from- the premises located at the southwest corner of Pequash Avenue •� and Main Road, Cutchogue, New York, 11935, for several years during my operation of garage, gas station, and fuel oil business . " Dated: December 6 , 1974 /s/ Edward W. Fox The accompanying survey indicates the portion of the property that is being leased; the bulk of it is being leased to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. THOMAS A. DUFFEY: I feel that all my business will be conducted locally, I will be giving employment to people in the town of Cutchogue. I have already cleaned it up and cut down the brambles. I hired local people to do that. All the drums of oil and everything else were taken out. That' s the way I propose to keep it. I am a General Motors man, I know my business. The cars will be placed so you can open both doors of the cars. I may have 12 cars. . I would very much like to have this location if I may. - THE CHAIRMAN: This is an application to conduct this l type of business within 300 feet of a residential zone. • 58 3,J 2 purposes , not for retail business? 3 - MR. RAYNOR: It is a mixed use. 4 THE CHAIRMAN: At any one time, how 5 many uses existed on this particular piece 6 of property? 7 MR. RAYNOR: I can think of at least 8 four. 9 THE CHAIRMAN: You are talking about 10 when they had the car sale there and so on? E 11 MR. RAYNOR: Car sales . There was a 12 landscaping operation. There was a fuel oil 13 delivery . There was a gas station garage 14 . . . auto body, at one time. There were at 15 least five uses and some of those were mixed 16 uses . They were not like business or retail 17 we are proposing. 18 THE CHAIRMAN: More recently we had 19 one single person renting a three bay garage 20 and the real estate office. 21 MR. RAYNOR: No. They are two 22 separate and distinct rentals presently. 23 Yes , that is the case. 24 THE CHAIRMAN: How long has the 25 gentleman been in the three bay garage? 1 59 2 MR. ALIANO: About a year and a half . 3 THE CHAIRMAN: Let the record note 4 that is Mr. Aliano. 5 MR. ALIANO: The man there now does r 6 some auto body work and sheet metal 7 -fajbri cating. 8 THE CHAIRMAN: Who was there before 9 him? 10 MR. ALIANO: An auto body shop and a 11 gas station prior to that in 1986 . I still 12 had a garage there I used. 13 THE CHAIRMAN : Is there anything else 14 you would like to state for the record? 15 MR. ALIANO: I don' t believe so. 16 THE CHAIRMAN: I received a call from 17 the Planning Board tonight . They asked me 18 to leave the hearing open for the purpose of 19 dealing with parking plans and I , in some 20 hesitation, do not like to leave hearings 21 open, but in this particular case I will 22 grant them the request and I assume that 23 means they are going to ask you to go back K=1 24 and address the parking plans . 25 MR. RAYNOR: The entire site plan is 10. � � lI I;t� P. 0. Drawer A . -- _- Jamesport, NY 11947 May 31, 1990 Gerard P. Goehringer, Chairman Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 RE : Appl No 3907 - Nicholas Aliano Dear Mr Goehringer: As requested, the following is an approximation of the square footage of the existing buildings with regard to the above referenced: Garage (1st and 2nd story) 1800 square foot Real Estate office 570 square foot 2370 total approximate square footage Should you need any additional information, please don 't hesitate to contact me. Sincerely, 6 /()/ enry . Ra ' or, Jr. HER:ml ' `��"( /. 9e ft`,x!4•',- • 3 © 1E OWE E :, , , . 47 J,q-_ i APR 181990 '0 s I e i r, r , fir v-°'{r; March 25, 1990 .�7 , out-Mayr`-Concern: ,;• ,,Gz;'i`�p=`M: 1, 1988 I rented the Cement Block �,� t WI hereby state that on May z 1:„ ld ng{i,,A.th;Land surrounding it for the purpose of Metal Fabrication cer: l.umbings�and heating ducts etc. with an option to sublet Auto Body. "' �4 • �IK conducted my business of Metal Fabrication as my main usi- i '40f0,id some, auto body and motor repairs. I fabricated metal dash near anfo,. `, .�boards;��for',race cars, such as shatter boxes for race cars for Tim Annabel, 'k: 5fi� 1`lwate"r"""Ave. , Cutchogue. I reconstructed a jeep that was badly rusted {' 'ass.weli�as' other automotive new quarter panels and rocker panels for . 0 � di rfferenttcustomers. I made protective metal plates for John Lake Land- - Y,>>v scapiing," to protect his hydraulic truck lifts etc. ;, �; explained to me that he was processing with ��`� , .Pl Mr. Aliano fully -�„,y¢'r,''';.�u��,��wix.:sth�e°.Planning Board a new Colonial Building and that I was on a month to Aittg ;month•''basis since his plan was to demolish the existing Auto Body Building. -f:- .. 4�a .:-1 - Prior to my conducting any business, I spent several weeks or � i,,:FF f .moi+R,r i. �_ ,,,A,4',,'; disposing of Auto parts inside the building, such as motors, rear ends, .. c4 x '` fenders and etc. Grease on walls, ceiling and floors required another two pVP�L n�..,;y s _ V weeks or more. �"P`tk y€s•',—,' r`',=§�=r' "',`` "' Mr. Aliano disposed of dumpsters full of tires, auto parts and '4 p-.A 12. r4,- many junked cars which filled the entire fenced in area and many outside the -,,A4., < 'r``' fence. This was accomplished after I moved in. b,.t, r`45 • I wear to the above statement ' 'itilKRUPSKI, 1R. VINCENT J. H. Daniel Jones NOTARY FU3UC, Stoto of NOW York No. g?-46127403940 Westphalia Road Qualified in Suffolk County Mattituck, N.Y. 11952 ccmm,: foo ExpuQs Morrir1,1-9,0' 19 gl _911/7 3/ ., FORM N0.4 tom, , ���� , il TOWN OF SOUTHOLD E tri s 'HM BUILDING DEPARTMENT a ` '``, ' Office of the Building Inspector APR 1 8 1990 Town Hall . )" Southold,N.Y. Certificate Or Occupancy No, 2- 582 :,`; ; f • ', . •• • Date January. ,1.4.t `1988 , , , TRIS CERTIFIES that the building ,Renovate ;existing ,Realj,Estate Office 29950 Main Road & Pe�uash`Ave. • Location of Property '• CuEChogue, New York ' House No. Street .. .. m -1-06o n 102- 7 '! --; tf-1- (_• ,"--- �fr,4i ff:7";!J' . } 01 Hamlet 'County,14Mp..4Section et►3i ', :fi:D+0C :•:":-`11 i'd,i • ytdi6iio �♦ i i • . . • i . iiij'•,, "=': t"; x:; 3 ! }.vaa\�3x,z: f ! , . t', } :.L • ``; ,Subdlvlsloi ,°s`. : i;,=� . , .': . i . of . ~iled Map No. '.'. . e : ► i .LotNo. • conforms substantially to the Application for Building'PermIt heretofore'filed In this office dated • October 20, 1987,, ' ' ' . • . ' . . .,i i'. .,: • ' pursuant to which Building Permit No. 16548 Z dated . - ..October-,21, . 1987 .r, - :r:t;;-3.-'•••'', . „ t., • ; • ',;:t-, ;,.,4.1, •,2}.:me;'.. .. ' ' . • ' ' • • ••+ , +•� y :,was issued,and conformst ' ,,. i •• ,, o all of the requirements of the applicable provisions of the law. The occupancy for which this+certificate is issued is RENOVATION OF EXISTING REAL ESTATE OFFICE AS'APPLIED FOR • i . . . i • The certificate is issued to NICHOLAS ALIANO '' of theaforesaid '' ' •iou%ner. r1tibiAt building. '� ;;' Suffolk County Department of Health Approval N/A ' , UNDERWRITERS CERTIFICATE NO' , PENDING - November i 11 , 1987 i ,y ,•• • PLUMBERS , CERTIFICATION DATED: , N/A. • • -• Building Inspec r • •Rev.9/89 - ., - ,. • , • • 1 ` "I _ MAILING ADDRESS: 00, PLANNING BOARD MEMBERS Iii �QF SO" - P.O. Box 1179 JERILYN B.WOODHOUSE �� � OlSouthold, NY 11971 Chair e ` ,� OFFICE LOCATION: SA9))\ WILLIAM J.CREMERS T Town Hall Annex KENNETH L.EDWARDS G Q , 54375 State Route 25 b MARTIN H.SIDOR \ �t (cor.Main Rd. &Youngs Ave.) 1 GEORGE D.SOLOMON 141/4 cif i�'COU '� �i1� Southold, NY i Telephone: 631765-1938 / �14'1 Fax: 631 765-3136 , EF1 CF- 1 I ING BOARD OFFICE TOWN OF SOUTHOLD NOV 1 6 2005 MEMORANDUM EOA?D OF APPEAL; Date: November 15, 2005 • To: Ruth Oliva, Chairwoman, Zoning Board of Appeals From: Jerilyn B. Woodhouse, Planning Board Chai c3-DI Re: Appeal # 5759 for Rich's Autobody SCTM#1000-102-3-1 In response to your memo dated October 19, 2005, the Planning Board held a Work Session on October 31, 2005 to review the site plan and offers the following comments: 1. The Planning Board received a site plan application on September 14, 2005. 2. The Planning Board reviewed a site plan prepared by Mark Schwartz, AIA Architect, dated September 13, 2005. 3. The Planning Department classified this as "incomplete" and will request revisions to the site plan on file. 4. The applicant represented that the necessity for the enlargement of the proposed nonconforming use to provide for adequate spray and repair space is due to improvements required by the insurance company. 5. This application will require the following reviews and/or approvals before the Planning Board can grant final approval: Southold Town Building Inspector certification, Southold Town Engineers/Highway, Cutchogue Fire District, New York State (NYS) Department of Transportation, Suffolk County Department of Planning, LWRP and Architectural Review Committee. 6. The Planning Board has reviewed the site plan noted above with respect to the site plan features and requirements. The Planning Board agrees with the proposed concept site design as shown, and cautions some changes may occur based on approval from other jurisdictions. • Ruth Oliva Rich's Auto Body November 15, 2005 Page Two We hope these comments will be useful to the ZBA in its review of this appeal. Thank you in advance. cc: Planning Board (PO • OFFICE OF - ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.KowalskiaTown.Southold.ny.us (631) 765-1809 (ext. 5011 or 5012 during recording) fax (631) 765-9064 TRANSMITTAL SHEET TO: 4:11 àrJ DATE: // / /(° /2005 RE: /1 / (7 /05 Agenda Item p,a MESSAGE: }"Correspondence or ( ) document attached related to the above for your information fe-d-A, A 6-13 46,-)t-e-1 • Thank you. • Pages attached: at N 41111 TOWN OF SOUTHOLD,NEW FORK DATE 0Yt...rrJ 1974 Public ACTION OF THE ZONING BOARD OF APPEALS Nearing'i 197 5, i Appeal No. 1964 Dated October 26, 1974 • ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOU1•nOLD To Thomasil.r Deff ey, President d�$nt Appellant .YYia.D. Auto Sales Main t Road, 1 tol tt, N. Z. at a meeting of the Zoning Board of Appeals ons �.9, the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property g�rr ("9 Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) 1. SPECIAL EXCEPTION.By resolution of the Board it was determined that a special exception ( ) be granted ( ') be denied pursuant to Article Section Subsection paragraph of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because WO `J . ts.S.T.) upon. application of Thomas A. Duffer, President, `f.'.A.Dr Auto Sales, in Road, Cuter, New Yox'2 for a speck encepti in accordance with the Zoning Ordinance, .nance, Article VII, Sects 100-70 3.4 (a) for fission to 'f o duct a used car sates 'bsa .ess, (b) to erect a second sign. Looation of property: Main Road, OUtohogue, New Verb, bounded on the north cog gain Read? ea$t by P sh Avenue, south by Mr. Barteau: west by Peet Estate.. P :5:, vl9.00. 2. VARIANCE.By resolution of the Board it was determined that ' (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (Is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector( ) be confirmed ( ) be reversed. SER REVERSE APPROVED ZONING BOARD OF APPEALS FORM ZB4 Marjorie McDermott, Secretary Chairman Board of Appeals - 41111L4 6914) y6 , Qt After investigation and inspection tbe Board finds that applicant requests permission to (a) conduct a used oar sales sinags, (h) to erect a second sign on premises located On s Main Road, Cup tchagee, New York. The findings of the Zcard are that applicant has sebsaitted a revised sketch as requested by the Board on December 5th, and has applied for a variance ming the stipulation of two Ordinance "300 feet from a residential area", The Board finds that thin is a pre- existing use and agrees with the reasoning of the applicamt subject to restrietions. The Board finds that the public convenience aud welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantial, -njured and the spirit Of the Ordinance will be obeerved. TB2ABIPORB X' WaS RBr5OLVED3 Thomas Zs Duffey, .tres:,dent, T.A.D. Auto Sales, Inc., Main Road, Cutchogae, New York be ORAN == permission to (a) conduct a used oar sales business and (b) to erect a second sign, on premises ?dated at Maim ?cad, Cutchogeer New Yorke as applied for, subject to the following restrictions: 1. Tbat applicant shall, at no time, have more than 2ifteen (25) cars for sale oa the subject premises. 2. That no oars shall be displayed within thirty- five (35°) feet of Mai*, Road. 3. That no wreaks shall be stored on the premises, 4. That no repairs, o'er thee minor ones, shall be conducted on the premises. 5. That applicant shall maintain a green hedge on the weeterly boundary of the property to buffer the residential zone, 6. That no further beegaess may be established on these premises other thaa the existing one of the glazier and the used ear business of the applicant, 7. The secepd sign which has been granted is a 2° x 4 t dA llum noted sign, attached to the building, as required by New York State Department of Motor Vebiclee. Vote of the Boards nyese•- Messrsa aillispie, men, Hu3.sa, exigonis, Doyen. d , 1Ill %i 4q 1 TOWN OF SOUTHOLD,NEW YORK DATE. .M....F.t., 1974 I ACTION OF THE ZONING BOARD OF APPEALS ppeai No. 1983Dated 6, 1974 I ACTION OF THE ZONING BOARD OF APPEALS 01? THE•TOWN OF SOUTHOLD , �o Thomas A.• fey, sident Appellant T. A. D. Auto Sales Matti Road , Ctobe, E. V. . Decat a meeting of the Zoning Board of Appeals ons 19, the appeal Was considered and the action indicated below was taken on your ( ) Request for Variance due to lack of access to property (' ) Request for a special exception under the Zoning Ordinance (, *Request for a variance to the Zoning Ordinance (! ) 1, SPECIAL EXCEPTION.By resolution of the Board it was determined that a special exception ( ) be granted ( •) be denied pursuant to Article Section Subsection paragraph of the Zoning Ordinance and the decision of the Building Instor ( ) be reversed ( ) be $149 P.E., (E.S.T..) upon application of Thomas a. Def€ey, ci . a'.` , T.A.D. Ants $ales, ,mix Road, Cts, new York, for a variance in accordance 'i. Zuning Grdinanoe, Article VII, ; Section 170 3, Subsection (4), Subsection (f) for permission to lase pra-limi.sting business property surrounded by residential area. IIccation of propertyt Main Road, Cutchogae, New York, bounded on lac lib by z i 'eget by Pequath avenue; south by M$'g. Ott; went,b '.Fit Estate. Fee paid $15.00. 1 21 VARIANCE.By resolution of the Board it was determined that i ( Strict application of the Ordinance(would) (would not) produce practical difficulties or unnecessary h dship because SEE REVERSE •1 (p) The hardship created (is) (is not) unique and (would) (would not).be shared by all properties mike in the immediate vicinity of this property and in the same use district because IS= REvERsE • ( ) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) cliange the'Character of the district because REVERSESEE d therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and at the previous decisions of the Building Inspector( ) be confirmed ( ) be reversed. SEE REVERSE I ZONING BOARD OF APPEALS PIORM ZB4 marjorie MoDermett, Secretary 41111 )k1°1' L \ 9I ) A investigation and inspection the Board finds that applicant requests perssiesiou to use pre-existing business property surrounded by residential area on main Bond, Catchogue, Sew York, The findings of the Board are that the use which applicant roposes has been afor many at this loca which is situated less tthan-existings300 feete ye ae residential area. The Board feels that to prohibit this limited use of property would, • o sem_ extent, deprive the teener of use of tbia 'B`W'r zoned property. The Board agrees with the retying of the applicant. The Board finds that strict application of the Ordinance Would produce practical difficulties or unnecessary ash p; the hardship p created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE tT WAS RESOLVED, Themes A. Duffey, President, T.A.D. Auto Sales, Zee., Nair, Road, Cutchegte, New York be GRANTED perissio; to use pre-existing business property surrounded by residential area ou main Read, eutchogee, Sew York, as applied ;or. - Vote of the Board: Ayes:- Messrs: Gillisptes Bergen, Grigonis, Hulse, Doyen. 1111 "�OION uE si)�rnOL�i; ,N.W-YO Lg ACTION OF THE ZONING BOARD OF APPEALS DATE -3.966 Appeal No. ass Dated 1966 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To =ward Was Appellant Mato goad Vailtigr4 Zittenue Ciattaague. gag Yorkat a meethig of the Zoning Board of Appeals on Thursday. sm. as. ins the appeal " was considered and the action indicated below was taken on your ( 1 Request for variance due to lack of access to property +X) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance - ) 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be,denied pursuant to Article ___._____Section__ __...__ Subsection paragraph -___.__..._ of the Zoning Ordinance, and the decision of the Building Inspector (, a be reversed ( ) be confirmed because • P.M,ILD.S.1,.), Valk aappiiCati0331fir, — ttette 11/40020* . i Nos Diet,' for a sOccial ax e • Dcbseatton 04. -' a nail OA, location of poverty: wank COrner of its Dain7lOad _ Avenue, loom,Catalina, Nen Soak,'banded north byllain Dam", oat by Anus& south,br '`. liatact, vast-by 0.11. neat Notate - 2. VARIANCE:.By resolution of the Board it was determined that (a) Strict application of the Ordinance, (would)(would not) produce practical difficulties or Unnec- essary hardship because - ItIMRSIS (b) The harde)iip created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because ME*MOSS (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because 811X /MUSE - and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) .be confirmed ( ) be,reversed. ZONING BOARD OF APPEALS FORM ZB4 ' _t- Co Dittman, Se w _Amok IMF - II) u jib After imeatigation and thessnert es the Surd Slade that the aRolicaut astAusat panwitoutt to retain an en prentsos sige the uantsy u1of bls boadIng. thin alga could be locanali' on the Iitxiy side se the baildhaIbteanwe the TOOseStS le questionis located on a conmen. Anarner the alon•unid be also cow it located on the eastaily side of the thezeiralu, the Soinl betionis it i the bast interest to base ea* liktgn itiCated as posed by the •She' nand Sleds that the public coavestenge and welfare and jtiatica 'will 3* sowed and the 2eaUy tota1:4,30m4 or zunamitagg use QS sweighlnebood psoperty and aktoiddist use distrieta idil vot be PinrOartraliror rgiletartiaalY 001164 end the spirit oS the crittamuao be observed. therethre it me RSSOLTSD that Ithward Wn Mixt Road sell pease& avenue.cetthogue, as Anit, to esentod*mission to estate .on ysealsis van alga ye the uostorly us13 coS the betiding located ea the south east cosine of the Nato Road and Tognah avenue, Cute, Soo Task Subject, however, es the Scilosiog cooditlenew 1. The. stwall be no other wand algae or wall sips ,eva4ela at thas lemobtos. a. This sign shell be muted Ear one Vow only. 11111010346 aratia144. , • 34. Man sign shall I* odder* to ail subseciumt amp* in the Southold Town souk* tnisame, •• • a . • • . ... , LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 17, 2005 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971- 0959, on THURSDAY, NOVEMBER 17,2005: , 1:20 p.m. RQA PROPERTIES (RICH'S QUALITY AUTO BODY) #5759. Request for a Variance under Section 100-241A, 'based on the Building Department's May 26, 2005 Notice of Disapproval concerning a proposed detached 1760¢- square foot building for business activities related to the existing nonconforming auto body business. The reason stated in the Building Inspector's denial is that the property is zoned Residential R-40 and a nonconforming auto body shop use is not permitted to be enlarged, altered, extended, reconstructed, 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." Location of Property: 29950 Main Road at intersection with Fleets Neck Road (a/k/a Pequash Avenue), Cutchogue; CTM 102-3-1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: October 25,2005. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski OFFICE OF - ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalski a(�,Town.Southold.ny.us (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET TO: ZlJ.B_ije)&r? �. 1 DATE: /01 d5 /2005 RE: 12i4A S (2.16 ,15731 P 1t (11,: -0 P/71) MESSAGE: (X) Correspondence or related attached, regarding /tib ac ?,157 7.4X 04 // 9/7 4 (0.1._ fAL CO ol-e2-10 aid 0 i/ 7q45 6,0419) ct—i(e_ (P5-6 (06/ 6). • Thank you. Pages attached: L f"' • Fr*sem 0„,a pris;z c . • ;LLr „w " ;r SCOT'L. HARRIS APPEALS BOARD MEMBERS - . , , s" , + ' Supervisor � -:� .,�?�����- Gerard P. Goehringer, Chairman ;rzat Y; ` ' • Charles Grigonis, Jr. `_� �I *' • Town Ha11, 53095 Main Road • Serge Doyen,Jr. p,p. Box 1179 Joseph-H. Sawicki Southold, New York 11971 James Dinizio, Jr. . - . • BOARD OF APPEALS - Fax(516)7654823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516)765-1800 ACTION OF THE BOARD OF APPEALS • • Appeal No.' 3907 - Application of NICHOLAS• ALIANO•. • Variance to the Zoning Ordinance, Article III-A, Section. 100-30 A.2 to construct a retail/office complex., Proposed. - construction is not' permitted in this R-40 Zone District. •' Property Location: 29950 Main Road, 30 Pequash Avenue, Cutchogue, NY; ' County Tax Map District 1000, Section 102, Block 3, Lot 1. • WHEREAS, public hearings were held in the Matter of the -Application of NICHOLAS ALIANO under Appeal No. 3907; and • WHEREAS, at said hearings all those who desired to be heard • were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony ' and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the' premises in question, its p 'resent; zoning, ami . the surrounding areas; and WHEREAS, the Board made the following findings. of fact: 1. This is an appeal of the January 5, 1990 Notice of Disapproval in which an application dated January 4, 1990 was considered by the Building Inspector to construct a retail office complex and,which- was disapproved on the following grounds.: . - ". . .Under Article III A (R-40 District) , 100-30A.2, proposed construction ,is not a permitted use in this district. Action required by the Town Board (Zoning Change) or by the Zoning Board of Appeals. . . ." • 2. The premises in question consists of .860 acres, or 37,462• sq. ft., in area with 200 ft. frontage along the west side of Pequash Avenue and 207.62 feet along the south side of State Route 25 (Main Road) in the Hamlet of Cutchogue, Town of Southold. • Page 2 - Appeal No. 3907 Matter of NICHOLAS ALIANO Decision Rendered June 27, 1990 3. The subject premises as of January 9, 1989 has been situated in the R-40 Residential Zone District and is improved with an existing one-story frame building having a total floor area, inclusive of attached garage, of 1408+- sq. ft. 4. By this application, the appellant requests a Variance for permission to construct new 1426 sq. ft. (One-story) masonry building to be occupied by retail stores and commercial office r_ uses, uses which are not permitted in this R-40 Zone District. 5. Certificates of Occupancy have been furnished for the • record indicating that on January 14, • 1988 renovations were made to an existing real estate office in an existing building (C.O. 4Z-16582) and that on August 2, 1973, Certificate of Occupancy No. Z5343 was issued for a business building with apartment (public garage) . 6. Although the present use of the site has been nonconforming in this R-40 Zone District since the January 9, 1989 Master Plan Zoning Revisions, the relief requested in this application is not under the nonconforming sections of the code and was. applied for a variance under the "permitted use" section of this R-40 Zone District. 7. For the record, it is noted that expansions, enlargements, alterations or reconstruction of nonconforming buildings and/or nonconforming• uses are not permitted •without variances from the Board of Appeals (Section 100-243 of the Zoning Code) . 8. It is the position of the Board Members that the grant of the subject variance under the present terminology and definitions of the current zoning code is not appropriate. 9. In considering this application, the Board also finds and-determines: (a) sufficient proof has not been demonstrated as required by the statutes to show that: (1) the property cannot yield a reasonable return with underlying facts in Sollars and cents proof; (2) the burden of proof of unnecessary hardship or that literal application of the zoning ordinance would result in - unnecessary hardship has not been sufficiently met ,(Otto v. Steinhilber); (3) the use to be authorized will nbt alter the essential character of the locality; \ Page 3 - Appeal No. 309 Matter of NICHOLAS ALIANO Decision Rendered June 27, 1990 • (b) the uses proposed are not permitted uses in this zone district and will not be in harmony with the• general purposes and intent of the zoning ordinance; (c) the current uses of the property and the zone district regulations are not so restricted that the premises could not be used for reasonable purposes; (d) the circumstances and nature of the uses of the property are unique; (e) the property in question is centrally located in the R-40 Residential Zone District and is not immediately adjoined by any other zone district; (f) this Board cannot under the semblance of a variance exercise legislative powers. Accordingly, on motion by Mr. Dinizio, seconded by. Mr. Grigonis, it was RESOLVED, that the relief requested under Appl. No. 3907 in the Matter of NICHOLAS ALIANO be and hereby is DENIED for the reasons noted above. Vote of the Board: Ayes: Messrs. Goehringer,; Grigonis, Doyen, Sawicki, and Dinizio. This resolution was duly adopted. 1k -57 GERARD P. GOEHRINGER /J CHAIRMAN - • J • • r OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalski(a,Town.Southold.ny.us (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET TO: C AL.,,,t4.„s DATE: / 0 / )1 /2005 RE: e .J atiM MESSAGE: (X) Correspondence or related attached, regarding your inquiry today. eiL 390 7 ac, Thank you. • Pages attached: 3 . OCT-19-2005 09:54 FROM:WICKHAM & BRESSLER • 631 298 8565 TO:6317659064 P.001/001 sy9,49 (f) �L 107 - W F 41-- 49 7 � I W7CK AM BR.ESSLALEROF,GOICTSRDON&GEASA P.C. 13015 MAIN ROAD. P.U.BOX 1424 WILLLIAM WIC<11AM(06-02) MATTITUCK,LONG ISLAND MELVILLE OFFICE ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW RD A13]GAfL A.WICKHAM SUITE Ill LYNNE'M.GORDON ---- MELVILLE, N.Y_ 11747 JANET(1LASA 631-29R-8353 TELEFAX NO.631-298-8565 631-249.9480 FAX NO.631-249-9484 October 19,2005 ti Town al'Southold Zoning Board of Appeals 53095 Main Road.Post Office Box 1179 Southold,New York 11971 Re: Rich's Quality Auto Appeal No. 5759 2950 Main Road, Cutchogue,NY 1000-102-3-1 Ladies,Gentlemen; The additional sign under the real estate sign has been removed. Ve y 1 youy:5, I/a/a/ Abigail A. Wickham Zbba/shdzba APPEALS BOARD MEMBERS ���� SOF SOUjy Southold Town Hall Ruth D. Oliva,Chairwoman 1p 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer * 1; Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio,Jr. �OQ1Town Annex/First Floor,North Fork Bank Michael A. Simon ; couNu 54375 Main Road(at Youngs Avenue) ,no/, Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 TOWN MEMO TO: Planning Board FROM: Ruth D. Oliva, ZBA Chairwoman DATE: October 19, 2005 SUBJECT: Request for Comments Our Department has received and is reviewing the following application, and enclose copies of the Building Department's Notice of Disapproval, and application with the applicant's latest map. The Planning Board may be involved under the-site plan review steps under Chapter 100 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED Rich's Quality 102-3-1, 5759 05/26/05 100-241A; 10/17/05 Mark K. Auto Body R40 Zone , Addition to auto Site Plan Schwartz AIA (RQA body shop Properties increases non- LLC) conforming use Your comments are appreciated by November 10, 2005 Thank you. . OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex, NFB Building, 54375 Main Road at Youngs Ave. Southold, NY 11971-0959 (631) 765-1809 fax(631) 765-9064 REPLY FORM DATE: /6hip u6-,.. �l TO: az_i ee dri CM G�s� ZB Ref# S75- - A- & n o� t ;,) Date of Building Inspector's Notice o Disapproval: )71Q,1 c2 4 ,2 O kj ' ($4 The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the • following: • 64 Please furnish seven (7) sets of the following (within about 7 days, if possible in order that the application can be advertised for the public hearing calendar date of : No V', /7 ). The advertising deadline is 22 days before the meeting date. ,+i. #-I f . : . . - - _. __ . Thank you. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. - ( 4 Missing information- OTHER/INFORMATION REQUESTED,when possi e 7 sets with cover/transmittal sheet): ( ) Filing fee$ ; Check amount was: $ . Please contact ouur office(or sen new check). ( ) Available survey showing existing property/building details, with licensed surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( ) Rough diagram or sketch with building height (#of stories and distance from ground to top/ridge detail (and mean height, if known); also landscaping proposed in the area of the construction. 131 13 V-} 'Letter confirming status and date of rev'ew by involvedagencies for presubmission comments, or copy of up-to-date agency action, ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. (A7L) 411����� / I elk) L' —-44.11 ' ^7//_IIA AJ AJ.i , I_ CI-, /.A_ 1_1 Ai _L 1..4 l . i d Thank you. o< P too,d) Emily Victoria t l 25325 Main Road Cutchogue, NY 11935 November 17, 2005 Zoning Board of Appeals Main Road Southold, NY 11971 Re: Rich's Quality Auto Ladies/Gentlemen: I own the residence across the Main Road from Rich's Quality Auto. I would like you to know that I support his application for adding a building in the back of the property, and permitting him to continue his business. I have lived across from the property for several years. The property has always been used for a business use and it should be allowed to continue. S rely yours, Em' y Victoria MAILING ADDRESS: PLANNING BOARD MEMBERS //I , ®F ®�j'= P.O. Box 1179 JERILYN B.WOODHOUSE 111®�� ®� Southold, NY 11971 y Chair � ® OFFICE LOCATION: • y` Town Hall Annex 4, V WILLIAM J.CREMERS KENNETH L.EDWARDS 54375 State Route 25 MARTIN H.SIDOR05e, '' -N® 1� (cor.Main Rd. &Youngs Ave.) GEORGE D SOLOMON : �� 11� Southold, NY "' Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD Date: September 9, 2005 To: Ruth Oliva, Chairwoman, ZoningBoard of Appeals SEP 1 5 2005 From: Jerilyn B. Woodhouse, Chairperson, Planning Board'' �\ ZONING 9O4p aF Anti �Ls Re: Appeal # 5759 for Rich's Autobody SCTM: 1000-102-3-1 In response to your memo dated August 22, 2005 the Planning Board (PB) held a Work Session on August 29, 2005 reviewed the site plan and offers the following comments: 1. The PB is not currently reviewing a site plan application for this appeal. 2. The Planning Department has an incomplete site plan application on file. 3. The Planning Board reviewed a site plan prepared by Mark Schwartz, AIA Architect, dated August 26, 2005. 4. This application will require the following reviews and or approvals before the Planning Board can grant final approval: Southold Town Building Inspector certification, Southold Town Engineers/Highway, Cutchogue Fire District, New York State (NYS) Department of Transportation, Suffolk County Department of Planning, LWRP and Architectural Review Committee. 5. The Planning Board expressed concerns on the parking as shown along the Main Road and the main access from Fleet Neck Road. 6. The Planning Board has reviewed the site plan noted above with respect to the site plan features and requirements. The Planning Board agrees with the proposed concept site design as shown and cautions some changes may occur based on approval from other jurisdictions. We hope these comments will be useful to the ZBA in its review of this appeal. Thank you in advance. Cc: file, pb • �,�i'�SUFFO��c- - Office Location: � O�► O, Mailing Address: t4‘Town Annex/First Floor,North Fork Bank y 53095 Main Road 54375 Main Road(at Youngs Avenue) trt P.O.P.O.Box 1179 Southold,NY 11971 �0 �°I Southold,NY 11971-0959 'i * *So o http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD TOWN MEMO Tel. (631)765-1809 Fax(631)765-9064 TO: Planning Board FROM: Ruth D. Oliva, ZBA Chairwoman DATE: August 22, 2005 SUBJECT: Request for Comments • Our Department has received and is reviewing the following application, and enclose copies of the Building Department's Notice of Disapproval, and application with the applicant's latest map. The Planning Board may be involved under the site plan review steps under Chapter 100 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED RICH'S 102-3-1, 5759 05/26/05 100-241A ; 6/30/05 John C. QUALITY R40 Zone addition to auto SITE Ehlers, LS AUTO BODY body shop MAP; (RQA Increases non- 10/12/04 PROPERTIES conforming use SURVEY LLC) Your comments are appreciated by 9/22/05. Thank you. 1 SEP-29-2005 14:19 FROM:WICKI- 1, BRESSLER 631 298 8565 Tn:6317659064 P.001/001 - 011,0 _ rpi,„, )::: ,) , / gi Lam/ • _ LAW OFFICES WICKHAM,BRESSLER, GORDON&GEASA P.C. 13015 MAIN ROAD, P.0 BOX 1421 WILLLIAM WICKHAM(0G-02) MATTITUCK,LONG ISLAND MELVILLE OFFICE ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ISD ABIGAIL A.WTCKHAM SUITE 111 . LYNNE M.GORDON --.... MELVILLE, N.Y. 11747 JANET GEASA • 631-298-8353 ---- TELE AX NO.631-298-8565 631-249-9480 FAX NO.631-249-9484 September 29,2005 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179RECENED - SSP 2005 Southold,New York 11971, 31 DO ?ilk, Re: Rich's Quality Auto Appeal No. 5759 4) 104-ao0,FID OF APPEALS A 2950 Main Road,Cutcboguc,NY 1000-102-3-1 _At e_-1-„e 4 fid- , 0,2,11 Ladies,Gentlemen: J\ P As I know you are assembled for have meetings today,T would like to advise you of the N 6-0 current status of this matter. .,e encanio � �. , 1. An application for site plan approval was submitted to the Planning Board sub/4• approximately two weeks ago. 2. The change of zone petition from R-40 to 1-IB has been prepared,and we are expecting the required maps today so it may be flied, We will advise upon filing. 3, The spray booth is to be delivered next week and the insurance company's deadline • is at the end of October. 4. Any sign alteration will be corrected, 5. A buffer of evergreen trees is being installed at the rear, of the property this week or next. While our client will request a change of zone, that procedure is time consuming, and we would like to be scheduled for a hearing on a use variance as soon as possible. While a use variance is rarely appropriate over a change of zone,such relief in this case would enable ZBA conditions to be imposed upon the use of the property which the Town Board is without authority to do in a zone change. This would benefit the Town as well as the surrounding residential neighborhood. ' Thank you for your consideration. 1Ve y tally ys.urs, tgail A. Wi ckh,am AAW/jtl OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road,P.O. Box 1179 Office Location: Town Annex,NFB Building,54375 Main Road at Youngs Ave. Southold, NY 11971-0959 (631)765-1809 fax(631) 765-9064 -/a/ 73L-54 z 9 REPLY FORM DATE: 7/a7/0S TO: 9ee,r.A.,'s (L U 6 4 ZB Ref# S - -' : P ,. •_ . , , a •761) mate.; *&-, uo4 dixe �. Date of Buil ing nspector's Notice of "isapproval: ( ) The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the following: (IA Please furnish seven (7) sets of the following (within about xdays, if possible in order that the application can be advertised for the public hearing calendar date of: i ' .029 o206 S ). The advertising deadline is3O days before the meeting date. • ••- ••• - • •- .- : --. fiease send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. ( ) Missing information— OTHER/INFORMATION REQUESTED,when possible(7 sets with cover/transmittal sheet): ( ) Filing fee$ ; Check amount was: $ . Please contact our office(or send new check). ( ) Available survey showing existing property/building details,with licensed surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas,setbacks to property lines,and building lot coverage calculations. ( ) Rough diagram or sketch with building height(#of stories and distance from ground to top/ridge detail(and mean height,if known); also landscaping proposed in the area of the construction. ( ) Letter confirming status and date of review, by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. \\,\J`Z /)�, • � A • .i � 4 1I- irl�' i _ �• - - I . P ta-CA 14-6 10-4-b-t 4� U.C.Q.. CL -P-Zt/J Q,c u Pd cam; [ a�c 4 , r Thank you. (—CO (Enc-63-4 _ct a,Le a -c-+-„„) -- , :=1 E"' ''4' ';i'::d' 114 1. .-'' r,-1.' f:4- -74%-fftil :—:::- io"--wnof i-ouiWoid--;:213A : -- ----1_Toi).- ,.0 ApP:NaMe 2' 0 TaxMap.-JO*File No. :[- 1 Li_;,Iir 9,RA ' oi B ard Member ' 1‘711a-a71A".--SIGn-----------1 1:- ii, ' I 1_1-11filiste: : ' ' _- Search: i . ,-,-.„-.,------, ,....„,_,..,_________ ::::::1 Other::' i' i PHP4-ring lime' '5-5-5-51-P-1\7— " __._ .. i :File.Number:rg - 9-1 ' faX ga:PTI--------102.-3-1 -- - -- ,:7 s ' ' ' , [ App. Narti0:,-1RQA Properties and Richard Bozsnyak i - Received Date:'17777/ 1/ .1.Tot.fees:'7677) 00, r ,Date forwarded to ToWn,Clerk- , s ,,.r7751767- i Hamlet iCutchogue Type Commercial 1 Zone-F0----7 L..- _J - „ ' ' _.._ . . .._ Status lIncompleteAction':1 ., , . Meeting Dates - -: ' - Building Dept P- ' ' . . . „. i ,11iption:. 29950 Main Road and Fleets Neck Road 11 :, ,,Meeting Date 1 .,,,, i; ND Date 11 5/26/05 ...... . ... ... . . „,._ . .. . . - . i 1 Hearing Date 1 9/29/05) ND Date 2 $hbet,. —Proposed Accessory Building, nonconforming . . 1 „.. .„. . . ., i 'Dest.: ' businesses exist in R-40 Zone. { 1' Hearing Date 2. 1 ND Date$= i Copy Ild _ _...... , 1 ' Hearing Date 3-77 NDDate.41-1' . .,__ __, .!- ,.„Hearing Date 4 i __I ND Date 5 ' ' - .' E77,':''''' , To do memo to PB by 8/20. 7/28/05 LK called __ 'Notei''' Rich's and asked for site map to show parking I 'Hearing Date 5 nalND Date-67--Tk':,-. areas, existing cars for sale, screening, etc. in order 1 , i „Action-,Date: . i ND Date,7 [ _, -.:. '(ppii951 ri,:-57F1] scic=iNymJ:_: :_-_---„._...,,:. L. _._,- '' -,,,bevei9ped by the Southold Town Data Processing Departrinerit 11',.!' i..–.., • ,..,..—-—• ••.--, --, „., ,:__—..,__.,,..s.–:;:-- –7----1-7.: 1:7L-1. NuTIE * HEARING "he following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold : FAME : BOZSNYAK ( RQA PROP) #5759 MAP #: 102-3- 1 APPEAL : Variance-Const. Repair Shop REQUEST: Non- Permitted Use - R- 40 Zone DATE : THURSDAY, NOV. 17 , 1 :20 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ONING BOARD -TOWN OF SOUTHOLD 765- 1809 OCT 19 2s355 PROPERTY OWNED BY: k € BARBARA JOAN LUTZ t, 673 „t , P.O. BOX 389 ''`... - CUTCHOGUE, NY 11935 _ CD:t l'u.Gt cia: [ 4 ftiR C e9 1'-; „re:14ln) l'":1,::‘,„11 (T ? Q it. )Qo21U0, t t(:: -The -t,"�t-` . ' �' s ,,„.s' • tl R w'., f1 r�• a.2rr� ...fit n r r r r r r r r r r r+ 1 i a R t s, � `� � pL�Tr1yG �'0'2, igo I� ��µ � ��CYC T:--FENCE vtlR i �=1� En Z © ` LpI N` cn x �a7T PA KING I �((QQ,� p tZ Ci c - / 36.5' ,HHHH HH" _ ��� .� � 8 .00 ---",- 5 . 0' B r \ L.I.A . ', v` `` 1 T + 7 m PO ,. 0j 21.701'. o �' `a t. In fir!) \1„,,e ( .0,,,. ,,, i, . It2d\\` \ _)). ' ' 7V t:p U-1\ A T i . ,r1 1 frrtx , F. j0Tj_-_` PROPOSED = 3 �' t a '�•� `�' BUILDING `V PORTABLE m Z NCr� O oD En 1 N • . G PARKING 'c BLDG. (TENT) _ tl R (AU REPAIR). �,,.M, � .;,•." 1 505 \ 4 - BAY �~ (STRG.) �; v = 3, \5.001, c .C, T A� tlR . t t \.„ a ', 36.5' 21.701' v '1 LIGHT 1.-\. '� I + G I \ 1 IZIP, ,'aR -- \ 11`N0 : x a "-f- BAY ENTRANCE m \� n\a. m T tf, 7,1� \�'o 1N `I I e \ \O370_ {V 'L \ ,, PARING T \ , 10 p C. P. I 26.( 1 or. ,./1 t \ , r�; , 45.00' - — — — — GRAVEL DRIVEWAY ASPHALT EXISTING WORK) o ;� ,� (EXISTING) I TO BE RELOCATE( N 0 (EXISTING ) I PROPOSED BUILD J m `'• } 8.00' 4.00'a 1 STY. CONC. .' /�% �` o C1 Crr::: STRG 0 H BLK. BLDG. i• I 1 \\16,v--.4 "' ".itto, R 1 O SHED E "' AUTO EPAIR �'' `"' HANDICA PARfoiKING , � # 4.00' C4-BA -7,.. 0., 1 % +y���'. r .[ PAR INC 45A0' _ ENCE 1 '.h^Y 9 w,,. --11.� O 13.00' 00 i i�.//, OO ' *1> FLOWER -1 ji Z 11- � O SHED 1 �• �• ./O, 'BOXES , O PROPERTY OWNED BY: a-`-.1 FENCE ri 13.00' -1 T X 25 0 1 , :( fir. 1 STY. JOHN F. DAWSON ,' ' i�I j a FRMD. OFFICE BLDG.. P RIQNG 1 81 CROWS CREEK RD. i ,� o PITTSBORO, NC 27312 �� 3 �, ey0 //, , ` • -a '-# , \A 0 0 E T rn 7 ;0 0 n PARKING ..,,,. 7 \_, I ,__.:.,,.k.„ ,i} PA NG ;C) I ( :) BUILDING REQ. PKG, TOTAL PKG. `=;1- s' :1 /y\y ,,,, __„t ASPHALT USE: SPACES: SPACES REQUIRED: : a R -. +�� `+� +; ` '\ :, �~' © �`' tnh (EXISTING) 1 �� e'o R O ' 1'a R i o R a o " 1 . -' Si PARKING MI OFFICE 1/100 5,F, 6 �'12-11{1 y ,f:"a 0 • 0 a•g �� 1 '- 'A tl R (',;j ,q c R C C: 1.>k n of © �_,�0'i, . i-.-1:1''-1� I 1 :XISTING ',-7,:-I'-:,'----',--„:- 4 PER BAY S ':-,:`,---t-'•'.. _ © _ _ _ ` {� '1 _ .... I - — — y 'i •E SHRUBS MULCHED BEDS 1- y yt-- 0 REPAIR i i i t i (EXISTING) S 45°29'0" E 200.00' — ENTRANCE ENTRANCE :OPOSED FROM STREET FROM STREET '0 REPAIR 4 PER BAY 8 _.1 PLOD-EES I PER EMPLOYEE 4 FLEET NEC ROAD L PARKING SPACES ON PREMISES ALLOCATED: 4S (PEQUASH AVENUE) 'ER N,Y,S, CODE, SECTION 1106, TABLE 1106,1, 2 - p,r DICAP ACCESSIBLE PARKING SPACES ARE UIRED, ACCESSIBLE PARKING SPACES ARE TO BE SITE PLAN ATED ON THE SI-IORTEST ACGESSIB;E ROUTE OF VEL FROM ADJACENT PARKING TO AN ACCESSIBLE SCALE: 1" = 20'-0' DING ENTRANCE. REVISIONS: V) J a W LU c aIMPRIIMICI N 0 4 N AV 41) W t� 03 '0.42 e''s► z 0 N N 45°29'0" W 175.00' I Z 1 USI o I 56.00' 36.5' I 52.00' 1 o N I I m ci 1 21.701' I �` 1,-) N 1 I In U C FENCE"" � �, o z 1 I N ,�; CO y CO 1 z,, PROPOSED N 1 U o a' sue I BUILDING PORTABLE "' M I BLDG. (TENT) r I -. ro 11 z R 1 � A I C L 1 -: I R I 36.5' 21..701' I 1 1 1 • 1 i \ \\I \ I \ 1 U 1 - i ,y, 1 Im, `OP, 1 H I - , \ I -1 I DRIVEWAY 1 8.00', \I5 0 ui 1 I ° SHED- 10 \ REMOVED)c; 11 \\ 26.0- - -- 11 J 45.D0' T--, i o a N 1 >- LU ® o u, 1 4.00' b b " o to 1 p H M 1 STY. CONC. .o o rn 1 D BLK. BLDG. a (f I 4.00' `J L j„I U I _ 45.00' 13.00' b 1• i o r o p 0' . 1 �©, - , I _ SHED ' 1p' • 0' 25� 1 1 .00' '� +� ' I 1 STY. 1 FRMD. BLDG. 1 0 II 0 II j 0 CO L J �I O Z,..) 6 0 D I D t7 Qu S 95°29'0" E 200.00' 1 M I- U FLEET NECK ROAD = (PEQUASH AVENUE) U II \f-1,,- SITE PLAN V SCALE: 1" = 20'-0' DRAWN: MH/MS SCALE: 1" = 20' JOB#: June 30,2005 SHEET NUMBER: