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Home My WebLink About1000-140.-2-39RECEIVED ~,,~ Southold Town Board of p eals MAIN ROAD- STATE ROAD 25 50UTHOLD, L.I.. N.Y. 11971 TELEPHONE {516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3632 as Amended Application Dated June 4, 1987 TO: Mr. Glen M01]er, Director NORTH FORK EARLY LEARNING CENTER 600 Wickham Avenue, P.O. Box 1053 Mattituck, NY 11952 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on June ]8~ ]987, the above appeal was considered, and the action indicated below was on your taken [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinanc~ Article , Section IX] Request for Variance to the Zoning Ordinance Article III , Section 100-30(A) [ ] Request for Application of NORTH FORK EARLY LEARNING CENTER for a Variance to the Zoning Ordinance, Article 1-/-1~~ to permit the establishment of a Day-Care Center, at premises referred to as the Veterans Community Center, north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mattituck, NY; County Tax Map Parcel ID No. la00-140~2-39, containing 1.75± acres. WHEREAS, a public hearing was held initially on the Application of NORTH FORK EARLY LEARNING CENTER under Appeal No. 3632 on May 21, 1987, on its application to establish a nursery school, to vary Conditions under Article III, Section lO0-30(B)[3](a) and (d); and WHEREAS, on June 4, 1987, an Amendment to reopen Appeal No. 3632 was filed to establish a Day-Care Center under the guise of a use variance in an existing building; and WHEREAS, on June 18, 1987, a public hearing was held, and concluded, on the Amended Application for a Day-Care Center; and WHEREAS, at said hearing 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, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is a corner lot as defined by Section 100-13 of the Zoning Code fronting along the north side of Pike Street, the east side of Wickham Avenue, and the south side of Hill Street, in the Hamlet of Mattituck, Town of Southold, further identilfied on the Suffolk County Tax Maps as District 1000, Sectioln 140, Block 2, Lot 39. (CONTINUED ON PAGE TWO) DATED: June 18, 1987. Form ZB4 (rev. 12/81) CHAIRFLAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3652 as Amended Matter of NORTH FORK EARLY LEARNING CENTER Decision Rendered June 18,~7 2. The subject premises contains a total area of 1.41 acres, is located in the "A-40" Residential and Agricultural Zoning District, and is improved with one frame and metal building of a size 51.5 by 41.4 feet, as more particularly shown on survey and site plan prepared by Peconic Surveyors and Engineers, P.C. May 12, 1987. 3. By this application, as amended, the appellant requests permission to continue the operation of a "Day Care Center" (referred to as the "North Fork Early Learning Center") with both half and full day programs for a maximum of 29 children. This operatilon is not a school as defined by the Education Laws of t!he State of New York and accordingly does not qualify as a pirivate, nonprofit school under Article III, Section 100-30(B)[3] of the Town's Zoning Code. 4. Properties to the north (along Hill Street) are located in the "C-Light Industrial" Zone; properties to the west, east and sout5 are located in the Residential and Agricultural Zone. 5. The May 12, 1987 survey and site plan prepared by Peconic Surveyors and Engineers, P.C. depict a frame and metal building, having ~ total first floor area of 2,340± sq. ft. for use in the day-care center's operation. Also shown are a minimum of 15 parking spaces, including two handicap spaces, and a fenced-in playground. The existing building is setback at its closest points 87.6 feet from Hill Street, 13.7 and 21.8 feet from the southeast property line (n/o/f Kramer), 68.4 feet from the east property line, and 173 feet from the westerly property line along Wickham Avenue. The existing playground area is set back 27 feet from Hill Street, 18 feet from the easterly property line, 46 feet from the northeasterly property line (along Kramer), and 198 feet from Wickham Avenue. 6. To the best of this Board's knowledge, the subject premises has never been used as a residence since prior to the enactment of zoning, and has been used only as a meeting place or community center. No building permits have been issued since the enactment of zoning, and the building does not appear to have been changed or altered in any manner since pri6r to zoning. 7. It is the opinion of this Board that: (a) the grant of this variance Will not in effect "down zone~' the existing nonconforming use as a meeting place, or community center; (b) that the land in question cannot yield a reasonable return, particularly in light of the size and character of this building, except through great expense to convert this pre-zQning structure and transform the lot into suitable residential property; (c) that the neighborhood consists of an industrial use directly to the north and Fire D~partment at the southwest co~ner of Pike Street and Wick~am Avenue. In considering this application, the Board also finds and determines: (a) the land in question cannot yield a reasonable return if its use is continued as a "community center", or altered for residential use; (b) the plight Page 3 - Appeal No. 3632 as Amended Matter of NORTH FORK EARLY LEARNING Decision Rendere--~--J'une 1~, 1987 CENTER of the owner is due to unique circumstances and not to the general conditions of the neighborhood; (c) the proposed Amendments to the Master Plan depict this parcel for "R-40", permitting "nursery schools" by Special Exception; (d) the use authorized will not alter the essential character of the neighborhood. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief requested under Appeal No. 3632 as Amenided in the Application of the NORTH FORK EARLY LEARNIJNG CENTER for the establishment and operation of ~ ~ay-!Care Center in existing building, at premises referred roi as the "Veterans Community Center," as applied. Vote of the Board:i Ayes: Douglass, Doyen and Saw!icki. adopted. Messrs. Goehringer, Grigon~s, This resolution was unanimously lk S . ou th o lcl Tow n B oar d o lapp ea Is MAIN !ROAD- STATE ROAD ~5 c4OIJTHOLD, L.I.. N.Y, '11g'71 TELEPHONE (516)765-1809 ACTION OF THE ZONING BOARD OF APPEALS App]- No. 3626-SE Application Dated April ]0, ]987 TO: Mr. Glen Moller, Director NORTH FORK EARLY LEARNING CENTER ~-00 Wickham Avenue, P.O. Box 1053 Mattituck, NY 11952 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on June ]8, ]987, the above appeal was considered, and the action indicated below was taken ,'on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinanc~ ArtiCle , Section [×] Request for Variance to the Zoning Ordinance ArtiCle III, Section ]00-30(A) Request for Application of NO__~R~H FORK EARLY LEARNING CENTER for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[3] for permission to establlish private (nursery) school [or day care center] as a nonprofit organization, at premises referred to as the "Veterans Community Cen~er," north side of Pike Street, east side of Wickham Avenue, and South side of Hill Street, Mattituck, NY; County Tax Map Parcel ID No. 1000-140-2-39. WHEREAS, a public ~earing was held and concluded on May 21, 1987 in the Matter of t~e Application of NORTH FORK EARLY LEARNING CENTER under Special Exqeption Application No. 3626; and WHEREAS, at said heiaring all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board ihas carefully considered all testimony and documentation submit!ted concerning this application; and WHEREAS, the Boar~ IMemgers have personally viewed and are familiar with the prem]sles ]n question, its present zoning, and the surrounding area~s; and WHEREAS, the Board imade the following findings of fact: l. The premises in question is a corner lot as defined by Section 100-13 of the Zoining Code fronting along the north side of Pike Street, the east~ side of Wickham Avenue, and the south side of Hill Street, in the Hamlet of Mattituck, Town of Southold, further identiified on the Suffolk County Tax Maps as District lO00, Sectioln 140, Block 2, Lot 39. 2. The subject premises contains a total area of 1.41 acres, is located in the! "A-40" Residential and Agricultural Zoning District, and is iimproved with one frame and metal building of a size 51.5 ~by 41.4 feet, as more particularly shown on survey and site plan prepared by Peconic Surveyors and Engineers, P.C. May 12, 1987. (CONT_INUED ON PA~GGE TWO~ DATED: June 18, 1987. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appl. No. 3626-SE Matter of NORTH FORK EARLY Decision Rendered J-~'18, LEARNING CENTER 1987 3. By this application, applicant seeks a Special Excep- tion under the Provisions of Article III, Section 100-30(B)[3] of the Zoning Code to operate a nursery school in an existing building, at premises referred to as "The Veterans Community Center." The nursery school operation is proposed for a maximum of 29 children, with four teachers and one adminis- trator, and with both half and full day programs. 4. Properties to the north (along Hill Street) are located in the "C-Light Industrial" Zone; properties to the west, east and sout'h are located in the Residential and Agricultural Zone. 5. The May 12, 19i87 survey and site plan prepared by Peconic Surveyors and E!ngineers, P.C. depict a frame and metal building, having !a total first floor a~ea of 2,340± sq. ft. for use in the Iday-care center's operation. Also shown are a minimum of !15 parking spaces, including two handicap spaces, and a !fenced-in playground. The existing building is setback at iits closest points 87.6 feet from '- Hill Street, 13.7 and 2il.8 feet from the southeast property line (n/o/f Krlamer), 68.4 feet from the east property line, and 173 !feet from the westerly property line along Wickham Avenbe. The existing playground area is set back 27 feet fro~ Hill Street, 18 feet from the easterly property line,i 46 feet from the northeasterly property line (along Kr~mer), and 198 feet from Wickham Avenue. 6. To the best ofi this Board's knowledge, the subject premises has never beeni used as a residence since prior to the enactment of zoning, and has been used only as a meeting place or community center. No building permits have been issued since the enactment of zoning, and the building does not appear to have been changed or altered in any manner since prlpr to zoning. 7. Article III, S~ction lO0-30(B) permits ..."Private schools, colleges and other educational institutions, subject to the followinD requirements: (a) No building shall be less than 50 feet from any street or lot line; (b) The total are~ occupied by all principal and accessory buildings sha~l not exceed twenty percent [20%] of the area of the lot;! (c) Any such school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such; (d) Any such school shall occupied a lot with an area of not less than five ($) acres plus one (1) acre for each 25 pupils for which the!building is designed .... " 8. In the understanding of this Board after reviewing this case that the use @roposed does not meet the State's definition for a "school," under the Education Laws, and that the use intended i6 a ~'day care center," and the cir- cumstances of the property do not lend to the conditions under such a Special ExCeption permit. Page 3 Appl. No. 3626-SE Matter of NORTH FORK EARLY Decision Rendered~ne' 18, LEARNING C~ENTER 1987 9. Simultaneously herewith under Appeal No. 3632, a use variance was granted to this premises for the operation of a "Day Care Center" in the existing building as applied. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the Application for a Special Exception as applied under No. 3626 NORTH FORK EARLY LERANING CENTER BE AND HEREBY IS DISMISSED IN ITS ENTIRETY. Vote of the Boardi Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and SaWicki. This resolution was unanimously adopted. lk Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI April 15, 1987 Daniel C. Ross, Esq. Wickham, Wickham & Bres~ler, P.C. Main Road, Box 1424 Mattituck, NY 11952 Re: Appl. No. 3626SE - North Fork Early Learning Center Dear Dan: This letter will cenfirm our recent conversations concern- ing the above matter that receipt of the following will help to expedite the processing of this application: 1. Notice of Disapproval from the Building Inspector; 2. Plan showing the existing building, fencing, proposed parking spaces (min. 10~ by 20' each), storage areas, play areas, egress and ingress (sketch drawn to scale or site plan); 3. Written confirmation as to: (a) the maximum number of students, teachers and employees during the operation of the school; (b) the areas:proposed for use by the school (for example, first floor, second floor, etc.) in square footage if possible; (c) the status of the nonprofit organization and regular updates for the file. If you are able to furnish the above by our April 22nd deadline, the Board will be in a position to review (on 4/23) and schedule same for our May hearings calendar. Please call our office at any time you have questions. Yours very truly, Linda F. Kowalski For the Chairman NEW YORK STATE OEPARTMENT OF ENVIRONMENT~)NSERVATIO~ PROIECT . DIVIS ON OF REGULATORY AFFAIRS ~v-~'' State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM 1.0. NUMBER PART I For UNLISTED ACTIONS Only Project Information (To be completed by Applicant or Project sponsor) 3. Project location: ~ ,~ ~[ / / 4. Is proposed action: [] New [] Exl~ansian [] Modificatlonfalteratlon Project Name Ct On road inJ~.ersecti~3ns, prom n!nt.'.~ndmarks ,,c~. or ,roy de r~,, ' ~ ~ '~7~...~ U~ p~. , 7. Amount ol land affected: tnitiallv /.~:~ / acres Ultlmatelv acres [~/Resldent iai [~lndustrial ~Commercial [] Agriculture [] Parkland/open space [] Other 10 Does~.~Joninvolvea permit/approval, or~unding now or ultimately fmman~other~ovemmentala~enc,/F~deral, stat~orlocal)t ~ Yes ~ No If yes list agenc~s and pem Uapprovals ' , ~ ~ X ~ ~ Ooes any aspect o~me a~ion have a ~uf~n~y valid permit o~ ap~mval~ ~ ~ ~ ~ ~e~ ~ ~o If yes. list a~e~cy name and ~etmi~approval ty~ 12 As result of proposed action will existing p~rmit/approval require modificationf I C RTIEY THAT ~HE INFORMATIO PROV DED ABOVE IS [RUE TO THE BEST OF MY KNO~W[EDCF A Pplica~t/$ pon,or ...~ a m~e: l~~ ~ ~ : If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date ~,.~.....c~.. 71. ........ 1 9 .~...'7.. To ~,..~..~,,..~.,,.~.1,..~,~.~..,~.,~.. ..~..~,, d.. '~ ...~m~..~...~..~,..u ~.~.~ ....... PLEASE TAKE NOT1CE that your application dated .. ~...~..~ ........... 1 9 ~ 7.. for pe~n,t to,,--..O~...~..~. ~.. ~'. ~.-?,.~..~.:, .~a :... ~t House No. Street ..... Co,my T~ M~p No. ~000 S~¢tio, ..-..L~ ...... mo~ ...~ ~ ....... ~.ot .. ~.$~ ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapprdved on the following grounds . ~.' .~.. '/~...,¥~.~ Building Inspector RV 1/80 KEY ,~iAP R 0 'B, ox go'g ; iMAIN RO~A ' ' ' A!REA? ~,:' I. ,44, ~rr~me ~ rn~l N/O/F VIOL, A 001Ag e~ ,' 150. 00 I il AC IR E,~ SURV;EY AND SITE PLAN' OF PROPERTY I : AT MATTITUCK TOWN OF SOUTHOI..;D SUFFOLK COUNTY,;N.Y~ SCALE I"= 20': i MAY I~' , 198 ? I I 8L, DG ZONE A pOST OFFICE DIST FIRE DIST. SCHOOL DIST, AppLICANT: NORTH FORK EARLY L,EARN~NG CENTER 87 - k-