HomeMy WebLinkAbout1000-97.-2-16.5 (2)
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PLANNING BOARD MEMBERS
RICHARD G. WARD
Chairman
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GEORGE RITCHIE LATHAM, JR.
BENNETT ORLOWSKI, JR.
WILLIAM J. CREMERS
KENNETH L. EDWARDS
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
TO:
Gerard P. Goehringer, Chairman, Board of Appeals
Richard G, Ward, Chairman ~
Request for Planning Board comments
Jimbo Realty, C. R. 48, west of Horton's Lane, Southold
SCTM# 1000-59-4-8 & 9
FROM:
SUBJECT:
A. Ovsianik, Eugene's Road, Cutchogue
SCTM# 1000-97-2-16.5 & 15
David DeFriest, main Road, Greenport
SCTM# 1000-45-3-2
DATE:
July 23, 1996
This is in response to your request for this Board's comments on the
above projects.
Jimbo Realty:
As mentioned in this Board's letter to you of June 11, 1996, (copy
attached) we are not in favor of the variance request for the reasons
stated in our letter. The applicants proposal to reduce the width of the
buildings to 120' and enlarge the setback to 90' is still not acceptable.
The Town Code parking schedule should be applied to all uses at this
site. The total storage area of 37,600 square feet would require 38
parking spaces . The office would require one space for 100 square feet of
office floor area. The caretakers quarters would require one space.
Handicapped parking as contained in the Americans with Disabilities Act
should be in accordance with the attached schedule.
A, Ovsianik:
Parking for all uses at this site as per Town Code 100-191.
The applicant has never filed a site plan application for the existing
metal building, Our records indicate that the Building Department
permitted the erection of this metal building in 1988 without requiring
the owner to obtain a Special Exception from the Board of Appeals to
expand a use that was permitted by Special Exception only. Furthermore,
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the Building Department did not require the filing of a site plan.
Accordingly, we have no records with which to answer your questions.
We would appreciate your obtaining from the applicant a copy of a site
survey showing the location of all structures and the square footage of
same on the site so that we may calculate the parking requirements and
answer your request for suggestions on parking, screening and
landscaping.
Further, we do not know if Suffolk County Department of Health Services
approval for the site covers the existing shop since our understanding of
this situation is that the tire shop was considered by the Building
Department as an accessory structure and use to the gasoline station. As
you know, the SCDHS requires all changes of use and additions of same
to be submitted to it for review.
The Board feels that a site plan should be filed for both existing and
proposed structures.
David DeFriest:
This Board cannot comment on the parking required for this project as
auto rental sales is not a permitted use in this Limited Business (LB)
zone and is not contained in the parking schedule of the Town Code.
However, the applicant should be asked for the number of rental cars that
will be on the site, in addition to the number of employees, in order to
estimate the required number of parking spaces. The use issue will be
discussed by the Planning and Zoning Committee at a future meeting for
possible inclusion in the code.
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Ger3Id P Goehringer. Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Roben A, Villa
Lydia ."., Tonora
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-\PPE,-\LS BOARD MEylBERS
Southoid Town Hall
53095 ylain Road
PO, Box 1179
Sou[hold. :"kw York 119-1
Fax (516) 765-1823
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTH OLD
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[:ROM:
Plallning Board Chairman and Members Attn: R. Kassner----
Je'~~ ZEA Chairman (and ZEA Members)
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July 12. IO!JG
DATE:
SIJB.JECT: Inquiry on Site Plan Elements (Pending Applications)
,\s part of the reviews for the following applications, it would be greatly
appeecimeu if Y'Ju would assist by communicating the fonowing to us:
1, Site Plan/Variance proposal ofT, Grav and Jimbo Realtv
011 C. R, 48, Southold, just west of Horton's Lane. 59-4-8, 9
;,
a, '-lumber of parking spaces which will be necessary for the
proposed principal storage buildings. Please provide either
a llumber of spaces or the calq.llation which will be used.
Also please note any handicapped parking in addition to
regular parking spaces (if separately calculated). The
properly is presently 'lllCant.
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Site pIan/VariAnce proposal of A. Ovsianik at Eugene's Road,97-2-16.5, 15.
a. Please provide # of parking spaces for the present tire
shop and addition, if a ZEA interpretation were to be
passed showing a 200 ft. distance of the B zoning line
designation starting from the south side of the Main
Road (instead of the north side of the Main Road which
is shown on the present maps) _ This lot is in !Icornmon
ownership" apparently with the Main Road lot and is
expected to be treated as joined parcels.
b. Please provide new information that you '!'.'Quid like
to see in the layout of the plan such as areas of
parking, screening, or other sugges tions _ This
will 'Jnly be used as information and you will not be
"bounu" [)y any sug-g-eStiOllS since they are only for
'I"" "pplicdtioll before the ZBi\, and the applicant must
file ~Nith your Board for approvals.
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Vldi:l A. Tcr:crJ.
S~)urhoic. Town Sail
5-;Q95 :Vlain Koaci
?O. Box l ~:9
Souc.hald. ~'ew ~ork L :9-:
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7cie~hone [5[6) ~65-l3C9
BOARD OF APPEAlS
TOW", OF SOUT.dOLD
NOTICE OF HEARINGS
NOTICE [S HEREBY GIVEN, pursuant to Section 267 of the Jown Law
ilnd I,h" Ce,,,j,, of r,h" Tuwn of Southold, the following applications will be
held cor pllblic lleUl'ings before the SOUTHOLD TOWN BOARD OF APPEALS.
at. the Sour.hold T.)wn Hall, 53095 Ylain Road, Southold. )lew York 11971. on
WEDNESDAY, .JUT.Y 21. 1996, commencing at the times specified below:
7:L3 p.m. (Car!"yover llearing, continued from 6/26/96)
,\p[ll, No, j~8~
TIMOTHY G RA Y and J1MBO REALTY.
Loca cion or
?roper'f.Y:
\3560 and ~"[360 County Road ~8, Southoid, NY; Lots #8 & 9 as
shown 1111 the Minor Subdivision Map for Pudge Corp. approved by r.he
Planning Goard on or about 7/19/82. Tax Lot #1000-59-..[-8 and 9
(these t,WO lots 'Nill be combined as one for r.his building and site plan
project). Zone: B General Business. The owners are requesting:
1: Dwelling unit for an on-site manager by Special E.,"'Cception,
pllr3uunl '0 ."\rricie '" Section 100-101B of the Zoning Code.
"2i unde!." ~ew York Town Law. S~ctjon 274-3-3. the owners are
~~01.tPs:-ing 'tiari.anc~s r~orn ;\rr.ic!e ~{. Secdon 'iOO-lO:1. :5ucs2ctions ;;\ & C.
:'If" :.l\l...' :::..J/\ill~ C.Hle. Cot":
(a ') dxcessive leu~th 1)[ i.~.vO pro9osed buildings
:H1U ".) i ~?duced yard seEbacks of praposed buildings ~ as may be
:ll2(2:."~nilll.::d J~i ~lle 31)(iL"-:i .)( .A.!.Jpeals.
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Page 2 - \llema ta P B
.July 12. l!)!)G
R.e: Infut'rTwr,iuniCommenrs
c. Please provide other information such as prior site
plan application records dating back to 195i.
3. Site planiVariance proposal of David DeFriest, Tenant
(referred to as R.ent-A-Wreck). 45-3-2 (5+ acres)
a. Please provide calculation used for parking spaces to
convert use of existing building used as a repair
station to auto business (rental, not sales).
b. Please provide other infollmation such as prior site
plan application records dating back to 195i.
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OaO"P ? - Leo-al Nolice
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Regular Meeting or July 21, 1996
Southoid Town Board of Appeals
-: : 25 p. rTl. Appl. No. 4400 - PHILIP GIOIA_
Request for a Variance under
Article IlL'"., Section 100-30A.4, Section 100-30A.4 (100-33) based upon
surveyor's map and limitations of ZBA App1. No. 4400 to locate an accessory
garage In a front yard area, at 3450 Peconic Bay Boulevard, Laurel, NY;
Parcel #1000-128-6-27.
7: 30 p. m .
1\pp1. No. 4395 - WILLIAM BEEBE. Request for a Waj"-er under
Article II. Seclion 100-26 of the Zoning Code, based upon a disapproval
issued under Seclion 100-25A, which was delermlned to be merged wiLh an
adjoining improved parcel idenlified as 1000-109-7 -10.4 although each lot
wa::; creH tee.! by separate deed prior to 1971.
ProperlY Location: 1335 New
Suffolk Ru"d and 1455 New Suffolk Road. CUlchogue, NY; Subjecl Parcel is
known asi'lOOO-109-i-9.3. Zone Dislrict: Limited Business (LB;.
i:35 p.m. Appl. No. 4399 - DOUGLAS AND LORRAINE ROSE. Request for
a Variance bused upon the June 20, 1996 Building Inspector's NOtice of
Disnpproval under Arlicle lIlA, Seclion 100-30A. 3 issued on the following
grounds:
A building permit application has been filed requesting the
loca r.ion of an inground pool with raised lerrace anached by a raised deck
along the rear of existing dwelling, to be located partly in the front yard
Plrea (racing Pine Neck Road).
Location of ?roperty:
95 K..imberiy Lane.
SOil r hold. \iV.
Lor #1 on r.he Map of Paradise By the Bay: County Parcei
#IOOO-70-1J~20.1.
7": .10 p. rn.
;\ppi. No. -!3!J8
- JOHN and MARY McFEELY.
rt.eques~ for
\-dr'i::U1C!:' :..H:\SeU upon the .juue 25. 1996 Building Inspec~'.)r~s ~oi.ice of
Dis:llll;rrn','1i undpr' Arti.ct~ r~I. Sec:ion IOO-3GB;".:}
issued 'JD. :-.he :''JUowing
g'~'-'nu lUJS:
.\ b1tiidin!4: :)et'mi~ i;lP!:JiicrHiun tlas LH~~!l filed ~9ques;::il'.g; ~11'=
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Page,) - Legal Notick/
Regular ,'v1cer.ing or July 24. 1996
Southold Town Board of Appeals
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location of au o.cce~so["y building witll a cBduced side :.rard setback I at 5900
Creat Peconic Bay Boulevard, Laurel, NY; County Tax :Ylap Parcel #1000-
12:)-02-9.1.
7:.15 p.m.
Appi. No. 4396 - PETER. and USA GEVlNsKI.
Request for
Variance based upon the June 26, 1996 Notice of Disapproval Issued by the
i3lli!ding Inspector Lmder Article XXIV, Section 100-244B on the' following
grounds:
,\ building permit application has been filed ('equesting the rear
'iura setback location of a new dwelling on a substandard size lot known as
.105 Wendy Drive. Lanrsl, NY; County Parcel #1000-128-5-1.
7:50 p.m. ..\[1pl. No. ..401 - DAVTD DeF'RIEST (as Tenant).
: Owners: VIr. and :Ylrs. .Joseph Gnozzo). Request for 'iariance based upon
the ,June..1, !996 Building Inspector's Notice of Disapproval under Article
I,
VIII. Section 100-81A, Issued on the following grounds:
Automobile rental
use is no t a permitted use in this' Limited Business (I.B) Zone Discr!ct.
Location of Property:
73265 Main Road, Greenporr., NY;
County Parcel
#1000-45-3-2. Size: 5+- acres.
8 : 00 p. m.
Appl. No. 4397 - ALLEN W. OVSIAN.IK. Request is made for a
formal interpretation of the January 10, 1989 Zoning Map, Article II,
Seer.ion [00-21. and "rticle [II, Section 100-.31A to confirm establishment of
rhe zOlling- district line of the "B" Business Zone District to eX7.end 200
rE~t.:t deep ~l.S per- Arr.icle n ~ S~c!:iol1 100-21..
Property Loca rion:
225 EL1gene':; Road, Cutchog'_te, :-IY:
Coune,? Tax ?v'Iap ID ;1000-97-:2-16..j
J.nd
P-rBsenr. Zoning:
Gane~i Business for the nor,herly portion. and
~.-:10 R.e~tciE:'~lr.iai tor GppliCnnr'3 ~Jroper~:.t co :he 5uuth. and fur':ner.
'rI1t:.' f311ard -J(' :-\ppenls
PE2r-SUllS nr ~'~pr~sellr.al.ives
',\frinf'!1 ;"!)mmP1HS mn\.- '''Usn
'.vil1 'H said ~ime 8.nd ~Jiace ilea:;." any 3.nd all
!leslt'lllg ".0 be l1eard in r.he ':l.00Ve applic::Hions.
be 3ubmi[~:d :; ria r- ~o ::he '~:)l1c~t.tsion If .he
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MEMORANDUM
To: Bennett Orlowski,Jr., Chairman
Victor Lessard, Building Department Administrator
James A. Schondebare, Town Attorney
From: Valerie Scopaz, Town Planner
RE: Gas station on Southeast corner of State Route 25 and
Eugene's Road, Cutchogue. SCTM #1000-97-2-15.
Date: May 31,1988
At the above-named site, a large steel-framed "Butler"-Type
building has been erected alongside an existing gas station.
There is no approved site plan on file for the construction
of this building. Further, the site owner was not required to
apply to the Zoning Board of Appeals for permission to expand a
use that is permitted by Special Exception only.
This situation has been discussed on several occassions, by
all the above; however, no move has been made to require that an
amended site plan be filed with the Planning Board's office. In
order to protect the Town, it is essential that there be some
consistency in requiring site plans. Otherwise, the Town is open
to changes of being arbitrary and capricious in its application
of the Town's Code. Furthermore, other owners of business
property may decide to circumvent the procedure by applying for
an accessary building rather than filing a site plan to expand an
existing building. If this happens, there is no point in having a
site plan review procedure at all.
Consequently, the following recommendation is offered: that
the property owner be required to file an amended site plan and
that the amended plan be in compliance with the Code requirements.
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Feder.gister / Vol. 56, No. 144/ Frlday. July 26'91 / Rules and Re~ujations
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4.1..2 Ace_hIe Sites llDd Exter10r FaciIftles: New C<lustzuction
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{71 Bulldlng Slgnage. Signs which designate I
Permanent rooms and spaces shall comply With
4.30.1.4.30.4.4.30.5 and 4.30.6. Other signs
Which proVIde direCtion to. or Information
about. functional spaces of the buUdlng shall
Comply With 4.30.1. 4.30.2. 4.30.3, and 4.30.5.
Elements and spaces of accessIble facilities I
which shall be ldentified by the Internatlop-al
Symbol of Accessibility and Which shall comply I
I with 4.30.7 are: I
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(4) Ground surfaces along acceBs1ble routes
and in aCcessible spaces shall comply With 4.5.
(51 fa) If parkJng spaces are Pl"OVlded for seif.
parkJng by employees or Vlsltors. or both. then
acceBs1ble spaces comPlylng With 4.6 shall be
Pl"OVlded in each Such parkJng area in conform_
ance With the table below. Spaces reqUired by
the table need not be Pl"OVlded in the parttcu/ar
lot. They may be Pl"OVlded in a dUferent location
if equlvalent or greater accessibility. in terms of
distance from an aCCessIble entrance. Cost and
convell1ence is ensured.
Total Par~
In Lot
Required
.HIDbuWll NWIlber
of Acc....lbJe Spaces
1 to 25
26 to 50
51 to 75
76 to 100
101 to 150
151 to 200
201 to 300
301 to 400
401 to 500
50 1 to 1000
1001 and OVer
1
Z
3
4
5
6
7
8
9
2 percent of total
20 plus 1 for each
100 OVer 1000
Except as Pl"OVlded in (b). access aJsles adjacent
to aCCessIble spaces shall be 60 in (1525 mml .
Wide lll1nJmum.
L
(bl One in every etght aCCess1ble spaces. bu'
not less than one. shaJJ be served by an aCCess
aJsle 96 In (2440 mm/ Wide lll1n1mum and shall
be designated "van accessIble" as reqUired by
4.6.4. The verttcal clearance at Such spaces
shall. comply With 4.6.5: AU such spaces may
be grouP:d on one level of a ParkJng structure.
EXCEP110N: l'rov1sion of all reqUired parkJng
spaces in confonnance With "UruversaJ ParkJng
Design" (see append1:cA4.6.31 Is Pemutted.
(c/ If passenger loading zones are Pl"OVlded.
then at least one passenger loading zone shall
comply wtth 4.6.6.
(d) At facilities Pl"OVlding medJCal care and
other serVIces for persons With mobilIty Impair.
ments. parking spaces complyJng With 4.6 shall
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I be Provtded in aCCordance With 4. 1.2(5)(a/
I e."<Cept as foUows:
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(J) Outpatient untts and facilities: 10
percent of the total number of parkJng spaces
Pl"OVlded serVIng each such outpatient untt or
facility;
(11) Untts and facilities that SpecialJze in
treatment Or serVlces for persons wtth mobility
JmpaJrments: 20 percent of the total number of
parkJng spaces proVIded serVIng each such untt
or facility.
fel*Valet parkJng: Valet parlang facilities
shall prOVlde a passenger loading ZOne Comply.
ing wtth 4.6.6 located on an acceSSible route to
the entrance of the facllity. Paragraphs 5fal. I
5(b), and 5(d) of this section do not apply to
valet parlang facilities.
{61 If tollet faCilities are prOVIded on a site.
then each sucb public or common use toilet
facility shall Comply With 4.22. II bathing
;1 faCilities are proVIded on a sIte. then each such
public or common use bathing faclltty shall
I comply With 4.23.
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For Single user POrtable toUet or bathing untts
clustered at a Single location. at least 5% but
no less than one tollet untt or bathll'u( untt
complyJng With 4.22 or 4.23 shall be installed
at each cluster whenever typiCalinsccesslble
untts are Provtded. AcceSSIble Untts shall be
'dent1fied by the fnternatJonal Symbol of
Accesslblllty.
EXCEP110N: Portable tollet untts at construc.
tion SUes used exclUSively by construction
personnel are not reqUired to comply wtth
4.1.2(6/.
{al Parldng spaces dest,gnated as resen-oct
for lndlVldUals wtth disabilities;
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