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Home My WebLink About5919 7~ ~~---------:---~---- l _.--'---'~"'. ~-"--:"--,--,-""--,,,,,~-~---,,,,,,,,-,,,,,,.,,-,~~~:",-,~,~~,~,.....--~-'-~"-""'."-'--~r'''''--'r-'''T'--'- I'Ll{" I , ! ~t~rJ_,"~J --~ 1~___~~~_~ t-- ~~ -~-~___=~--_-~_==== =_~-_=-j~'~~=-~ i-~-~==~-~~~~~-~:~~_-~~~~~~;~:~~~~~-~~~~~=:=_____ ____A_~_~~_:.\/.~~___p~_l~_<,>L~.!'L_r:(---t!"'l-- ~Y,&- - - ------------ ----- -- --;-~ -T--------- -------------------T------- Jl-['l_!J_.1/:J.JL-+A-~_4#fi___'1!.ff_:2LJdf!k._ _AAA__ ___ __ - _____ __ - ___ Cl."Y.!/M.0-__________________" ~ _.~.._"".~._.~.......~.,~_'_..u__. _ ~_~_.___....__.___'__^.. ....___......,,,..~~-"'" " . . APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailin~ Address: Southold Town Hall 53095 Main Road. PO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 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 RECEIVED -+~ \\,\C\ Q.,.m JiF.T ~;~ ZQ~,.vl'l,", t.:!.(j'--/'!. ( Southold Town Cler' FINDINGS, DELIBERATIONS AND DETERMINATION MEETING HELD SEPTEMBER 14, 2006 ZB File No. 5919 - FHV, LLC Property Location: 6619 Route 25, Laurel CTM 125-1-19.7 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 1.1645 acre parcel is improved with two (2) existing one story buildings, as shown on the plan prepared by S.L. Maresca Associates, Consulting Engineers, dated 2- 24-03, updated 3-29-03 with landscaping details. BASIS OF APPLICATION: Notice of Disapproval issued by the Building Inspector on January 27,2006 for the reason that the proposed accessory building construction would be in violation of a condition related to the Building Inspector's March 15, 1990 Notice of Disapproval Issued for this property, and a Variance determination with Conditions under ZBA Appeal No. 3931, regarding a request for a minimum of 30,000 square feet of land area per use under Zoning Code Section 100-102. Zone District: B General Business. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 31, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and reievant: AREA VARIANCE RELIEF REQUESTED: On May 30, 1990, the Board of Appeals granted a variance (Appeal No. 3931) to allow a second business use in the B Zone on a property less than 60,000 square feet, with the condition that building #2, used as an electrical contractor business and located in the rear yard of said parcel, would not exceed the 35 x 50 feet as shown on a survey dated Dec 22, 2987 by R. Van Tuyl, The owner/applicant proposes to build a 42 x 16 x 60 foot Morton Building to serve as an accessory warehouse for the storage of vehicles and supplies related to the operation of the two principal businesses on the subject premises, which the Building Inspector states would be a violation of a condition accepted and issued under Appeal No. 3931. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: . . . Page 2 - September 14, 2006 ZB File No. 5919 - FHV, LLC CTM No. 125-1-19.7 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The appiication has received site plan approval from the Planning Board and approval from the Architectural Review Committee. The businesses to the west (a car wash) and the east (Tyler Electric) are heavily screened from views of the subject property by mature evergreens and hedgerow. The proposed accessory storage buiiding (#3) is sited far back from Route 25 and screened by the existing principal building to the north (#1). The site plan dated 2/24/06 shows a row of evergreens along the south edge of the proposed accessory structure to further screen it from views from Route 25. The existing two businesses on the subject property, North Fork Custom AudioNideo, and GJS Electric, (building #1 and buiiding #2 respectively on the site plan submitted and dated 2/24/06) are similar to other business uses in the area. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than the relief requested. The Building Inspector states that an accessory structure cannot be built in connection with a use related to the second business on the subject premises without a variance from the Board of Appeals. The proposed accessory warehouse does not constitute an expansion of either of the two existing business. 3. The variance granted herein is substantial. The third proposed accessory structure to be used as a warehouse is 2,250 square feet, each of the existing principal buildings (#1 and #2) measure 1,785 square feet each. However, the additional proposed accessory structure does not exceed the allowable lot converge on the subject property. 4. The alleged difficulty has been self-created because the owner/appiicant chose to build an accessory storage structure that will be used for storage for both of the two businesses on the subject premises in violation of a condition set forth in ZBA Appeal No. 3931 dated May 30, 1990. 5. No evidence has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood. Potential ground water runoff toward Route 25 on this north/south sloping property will be controlled by proper drainage and infrastructure as shown on the site pian dated 2/24/06. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new accessory buiiding to a second business on the subject property, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on Drainage and Site Plan dated February 24, 2006 by S. L. Maresca Associates, Consulting Engineers, and elevation diagram prepared by Allied Design Architectural & Engineering Group, P.C. subject to the following condition: That the proposed accessory structure be used only for warehouse storage and not for the expansion of either of the two existing principal business uses on the subject premises. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or sUlVey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not Page 3 - September 14, 2006 ZB File No. 5919 - FHV, LLC CTM No. 125-1-19.7 increase the degree of nonconformity. . . Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, and Weisman. (Absent were: Members Dinizio and Simon.) This Resolution was ~doPted (3-0). , 1~fJ.. 0l~~ Ruth D. Oliva }, !/ .,.106 Approved for Filing LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 31, 2006 PUBLIC HEARING 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. AUGUST 31. 2006: 10:05 A.M. FHV, LLC #5919. Request for a Variance related to Conditions under ZBA Appeal No. 3931 and initial Notice of Disapproval issued March 15, 1990 by the Building Inspector, stating that a second business requires 30,000 square feet of land area per use under Section 100-102 (re-numbered 280-102). The applicant currently wishes to construct an accessory building for inside storage, disapproved by the Building Inspector on January 27, 2006 for the reason that the proposed construction is in violation of a condition. Location of Property: 6619 Route 25, Laurel; CTM 125-1-19.7. Zone District: B General Business. 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 and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: August 7, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski #7998 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Dina Mac Donald 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 week(s), successively, commencing on the 10th day of Auqusl, 2006. ~~ cwfl0l;r @Q ct) Principal Clerk Sworn to before me this 2006 L(9 dayof ~Ad ,~~ CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-V061 05050 Quallflea In SUffolk County Commission Expires February 28. 2008 ILf-f/~A t() (IV F 6/31 f/Jf) ,.'.,...."';U;<;A.iJ;;~ncE *~~~G :','.'~~~ ., 'y':GlVEN,pur- s~~i-to",iheTown Law ~'d'~ll~i,' ,__g), Code)ofthe rO~1~f'~~" ,",_._,,_,_: ,~'following;'_pu~lli:jr h~~$':~2~,,:1i~1cI,'by the:SpUTH_~~' 2jONlNG, BOAR]) OF t.~!,b' II, 530?5 ;"'P.P.:',~I~i,: Quthol,f, l'!~~.j,1971~~59;'. , '0' DA,r, ' "2<<)06:'"",, ",.~;ij;\Y7" jlI1l(>!;lA "Y11:>~JCH ~-::,AP~li~t~O~,~f,;~)s' ',re- qlles gaSpecialException' under Ar- ticle:lIl,Section280-31B (formerly 100: 31),~ub~section13 of the Zoning Code,"' to establish an: Ac~ssory ,Apartmep:t within- the ~existing _applicant'sdwel~ng as the principal' building, at 375 Goose Creek' Line.-Southold;, CfM 78-8-20. 9:40 A.M. MARY BUTZ #5920. Request for a Variance under Section 2RO-33"(formerly 100-33), based on the Building Tnspcctor's June 2, 2006 Notice of Disapproval. amended June 8, 2006 concerning a proposed pergola struc- ture in a location at less than the coJe- n:quireJ 40 feet from the front prop- crt'," line. at 2022 Hyatt Road. Southold: CTM lOOO<';()- J -2l. '1:45 A.i'.1. THOMAS CAVANAGH #5YJ2. Request for a Variance under Section 2HO-239.4B (formerly 100- 23').4), hased on the Building Inspec- tor's May 1. 2006 Notice dfDisapproval concerning a proposed deck addition to the dweJling'whicb will'be less thim the code-required 75'ft.'ininimum from'the (;xisting wood bulkhead; at 600 Little Pec6nic'~a~:Rqad, Cutcbogue; ,'CTM Ir1-14'-.IS.' 9:50 A.M: GREG and' RITA TY- LER ,#5935. Request for Variances under.Sections 280-33and280~244 (for- merly 100-33 and 100~244), based on the Building Inspector's :May '23, 2006 No- tice oFDisapproval;"'amended August 1, 2006,.toncerning:,I(1}'10t coverage' in excess of the code,maximum,of 20,% for new cOllsifuction 'as pr,oposed, (2) proposed porch at lessthaii35feetJrom the front yard lot line, and- (2) acces- sory garage proposed partiaIlyin.a.side yard rather thful'entITely in the required, rear yard, at 300 B~yer Road, Mattitnck; CTM 139- 3c23:- . " 9:5S'A.M. LUKE SLACK #5935. RcqueS'tfor a':Variancc undcr Sections 2802242 and 280-244 (formerly. .100- 242~arid lOOc2.44)';. based on lhcBui]J~ ing, rii~JX'ft(J~)':,~ay' 30, 2006 Notice of:: DisaJ:WnJvalconceming proposed addition.sfaIteratipns to the. existing dw~gi'!:r:;~ich_will create an increase in th~3~gree of nonconformance when locate:4~1!i~ss th:m the code~requircd m~"front yard setback of40 feet, at 80gHarbor Lane, Cutchogue; CI'M 97 -6~13,';, ' 1'0:00 'A:M~ PAUL MALONEY 11--5947, Request for. a Varhlnce under Sedion2~O-33 (formerly 1 00~33),based onappliCa'ilt's:prinr Variance'applica_ ,-ion with site diagram submitted under Appeal No. ,5947, concerning a pro- posed g'arage at less than 40'feet from the 'froIlt yard lot line: '(after removal of the:eii(ist,ing nonconfonilirig.gatllge); at 1020" Goose Creek L1;Ule;Soll;tbold; CIM 78~8-3., 10:05. A:M. ,FHV,"LL'C'#5919: ... .Re- 'Illest for 'a. Variance related hl Cdndi- tions;unGer ZBA A-ppeaINo,'3931, aiidt; iuitial:MoticW.i'uf2.,DisapProval issued March 15, 1990 by the Building Inspec- . tor, stating that a seCond::~;9.1:l~ess re~ quires 30,000 square feetoq':U\~'area per use under Section l{)()"'J&=t;(1'e~num- bered 280.102). The applicant.R'lln'Cntly wisbes to construct an accessory build- irig for inside storage, disapproved' by the Building lnspector on January 27, 2006 for the reason that the proposed construction is in violation of a condi- ti9li~Location of Property: 6619 Routc 2~':Laurel; CTM 125~1-19;7. "Zone Dis- trict B GeneralBusiness. 10:10 A.M.:JAMES TOZAR#5937. Request for a Variance under Sec- tion:280-244 (formerly 100-244), based qn',t:he Building ','lr1s~T~tl{f'<:May' '15, 2Q(){)": Notice of Dis~Pw,?va'-::,~oncern- inga'proposed addition at'fhe rear of th.tf,dwelling with: a, ,setbad~ :less than ,tb~code-required 60 feet, at 7500 New "Sll:ffotk Avenue, Mattituck; CTM: 115- ~ J7'17.26~ "'1;'0:25 A.M. PHILIP PALMERI '.. ,::~~,~< Reqpestior:,a Variapre under ":~~~?n 280-~~;#onDerly 1O.q-3~),~aseq 'oIlJhe'.Building'Inspector's'May 8" 2006 ,Notice; of Disapproval concerning 'an a~ssory swimlningpool proposed ina yatdo.ther th:llll'tlte ci>de-required,rear, . yard,at 2165,E-eydop prive, Southold; C1'M80-2-24.L 0 10:35 A:M. JIM-and JANET D'ADDARIO:#592S. Request :fora Yari~nce under,,'Section 2flO_244, (for- , me:.;ly:cJOO-244),qased.,(m '~e Building Inspector's March 6, 2006 No~\ce ()f [)is~ approval concerning additions/altcra_ tions which will be less 'than thc 'cOde required IS feet on one side' andless than 35 feet for combined side yards, at 8960 Peconic Bay Boulevard, Laurel; CfM 126-5-6. 10:45 A.M. KARNICK GARIPIAN and HACI GARTPlAN #5931. Request for Variances under Sections 2RO-239,4 and 180-244 (formerly 100-239.4 alld IOn.244), based un the Building Inspec- tor's May 4.2006 Notice of Disapproval concerning construction of <In enlarged ncw dwelling, after demolition of. the cxi.~ting dwelling. .111e ncw construction is proposed Jess than 100 feet from the topot the bluff or bank of the LI Sound. less than the code-required 15 feet on one side yard, and less than the code- required combined side yard total of 35 feet. Location of Property: 54715 CR. 48 (a/k/a Middle.Road or North Road), Southold; OM 44~1-1. 10:55 A.M. JOHN SHACK JR. #5933. Location. of . Property: 1265 Shore Drive, GrecI,)por:t; CIM 47-2- 26.1. Requests for:.',.... (a) Variances:.,i~n4e;r:{,~ections ,280- 242A, 280-239.4B.:'ang'289~244'(former- lyIOO~242A, and.';~,~~:43~/1~,':,lOO-244}, based on the BUV~~ttUT~i?,e'dtof-'sAPri1 11,2006 Notice9A,HiJ>~~p~,?y:~,\;:~~~nd- ed,June 23,200699JJq,e~g:~:',pJ:npg~ed ,additions, alterations::,to:::~~:~~Sting single-family d~iilli#~ ,J6(:'thc'"re<iSoo 'that the additionj;';'-~':,a1tf,r~t~on~,:;.\\<ill constitute an inc~,~~~iin::th(~egt~e:of nonconfonnance':",heifloc~u::d',less,thhn the cOde-require~':.l(),',ft,~:~ini1A~,:on~a singi,e.side yard ~;lf,t'~sS.;WrlD}5;:~.~otal ;; ':~ide"-yard, minim~i:3,n4tp~P9Set.l-'I~ss, than -the code-reqillrel1 i5 ft. minimum from the bulkhe~<i;'.and:.:" .\:' ',':' (b) Special E~p.t.i9R:und~r,Section 280-3lB (formerlY'lQQ;~31B)'to establish an Accessory Aparttpent within the ex- Isting applicant's'dwe~ling(the principal building). 11:05 A.M. LEONARrt:'ROSENc BAtJM #5938. ~~quest'foi';V<iI:i.lttCliS under Sections ~~?12~~:-an<i.,2~~?44'. (formerly l00-242:A~nd:J()()~24~),based onthe.Building Irtspector's June 7, 200.6, Notice of Disappro\fal,conse1J1in~ pro- po;;~d,addltions and' alterations to the eXisting dwelling, which will 'coristitute an 'ii1crease in the degree of noncon- formance (ref. ZBA Interpretation No. 5039 - Walz Property) with a front yard setback less than 40 feet and less th,an the code-req~7d ?5JL.ntiniurum horn the existingbU'Ik~ea~, ~cation ;otProperty: 965 b,~pr~y 'Nest Road, Greenport; elM 35-6-24.1. 11;15 AM. GEORGE' and SAN- DRAENGELKE #5895. Request for Variarices under:SectiQns 280~33B(4), 28n"239~4B (f.nnerl~IO\lm; 100,23904), based 011 the BuildinglnspectorlS,March ::0,2006 Notice of Disapproval, amend- " "et:i.filnA?, con~~~.iQ%,subs~~~~; (lemoli~:.", ,(jf:"the;,':i~~i~4:<,d~~idg andp~o~tred::'Dew"~9!lstI1J:#n "of"an: ; enlarged:'tlwemng, nJ~~~;ed porch areas, proposed new s~ing pool, proposed acCessory buildirig''(iererred to as 'beach house') proposed with the fOllowin~n~lUconform,.iQ~ ,~etli,<\\Ok:s:(~) 68:8" :'IToID'the newdw'el1ingloov:ered' porch to th~~ existing wood bulkhead; (b) 47'6" from t,he ne~'s.vmiuningpool itructllret-oJhe''eXi~tiri~!'v09~~P'~head; ec) 1 '3~',tq~ihe sldeJor'line 'ahd',27'6."to the b~Hcli.ead' from th~ new accessory 'beach house~;building, (d)-':Itew,putdoor sbower"s.tr'U\~r~ a~:zl;:fo,~tba~k frOnt .!the side.1~t .li*~_ -::-e:.~i~~,,~tbacks. required' "by code' for' newcon;truction' are: (1)75 f-eet from the bulkhead , (2) 20. ft.minimllIJl from,the sjde lot line. Locatio~ '~fProperty: 5704 Indian Neck Lane: PecOnie;{ CTM 9R-5-14.3. The: Board- of Appeals will hear all pe-rsons,,or,their representatives, desir~ ing..t.obebeard. at eachhearing;andlQr desiringt~,s~bm~t wrirte:,n statements before the conclusion~Qf eacb hear- ing. Eacn beating wilt-:n.tJtstli'rt e'adier :,than de~jgI1ated. above",::,Files,area,;vail. ,able,fO'r; ;J;~'i~w, durh~g:"regtlliU:h!lsi- n~~sbo~~~d.,prior t((the~y.of the hearing: If-you havequestiolls;p~ease 'do nOt hesitate 'to coiltac:t olJ.'r: 6'(fice. at (631) 7-65-1809~ or bye'tllail: Linda, Kowalski@Town;Southold.llV.US, Dat~d':, August 8, 2006. TOWN OF SOUTHOLD ZONING BOARD"OF APPEALS RUTH nOLIVA, CHAIRWOMAN By Linda Kowalski 799B~IT 8110 4UG J 1 ZOOS ~ , U r11l ~ r-----.-- ;, ~; tr""'-~. ~~, ,i~-~--"; ." "<l 1 .,:. RE..E",'W;ELJl L JUN 9 2006 ~. lZO'IING~~:~C~'?~~A'I_ 7I;;l , ---... ---.. ""?' r ------- J ~ FORM NO.3 NOTICE OF DISAPPROVAL DATE: January 27,2006 AMENDED: May 30, 2006 TO: William Kelly wc FRV, LLC PO Box 1680 Southold, NY 11971 Please take notice that your application dated January 17, 2006 For permit to construct an accessory storage building at Location of property: 6619 Route 25. Laurel. NY County Tax Map No. 1000 - Section 125 Block~ Lot 19.7 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to ZBA appeal #3931. dated Mav 15. 1990. for a second business on an undersized lot. The Notice of Disapproval included the followinl! condition: "u.a second business that will not exceed 35 X 50 ftoo." Because the accessory buildinl! is slated to be used for part of that "second business." it is in violation ofthis condition. The proposed accessory storage building will require approval from the Southold Town Planning Board. This Notice of Disapproval was amended on Mav 30.2006 to address the previous ZBA decision. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the South old Town Building Department. CC: file, Planning, ZBA Fee:S '1nD , Filed By: to' Office Notes: Parcel Location: Honse No, lGJ:i Street SCTM 1000 Section../Z5Block-!-Lot(stfJ .1 JUN 1 3 20 6 ~~ ~ , -<'':J 'j' j ': 1-."",;"", "-:,"'" ";i (~:. _ii-:'1-:-',~:'):.:?, ~ H~iii~~"'Mif:rLn~ Lot Size /./{J./'S Zone District D I (WE) APPEAL THE WRITTEN DETERMINA nON OF THE BUILDING INSPECTOR DATED: '5- ?Z1'-ra.. for -Ei:JV,' J t' APPlicantJOwner(s):-Ell V I L I /' If: l-I~ ~l.IC17 I Mailing 17 ..r;Z1'..... / 1/'....... /'V' 1 II J Addressq . O. ~ J'.. zqs <--U 1c-~-k,,'(.-1lf I~ Telephone: ~z.::z:,- '335- 340L{ Fax:- . NOTE: If applicant is not the owner, state below If applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative:-1Lh:~ Address: 27- ~ ('0/. LN Telephone: ~l-l3LJ - Llrr::./':) ~'1 OAU:7Itt..{ (J)iLi1rY;1 JfL Fax: ~-4OCI .. Please specify who yon wish c~espondence to be mailed to, from the above listed names: o ApplicantJOwner(s) /lAuthorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED J - 11-((;: FOR: 'VBnilding Permit .t:]Certificate of Occupancy 0 Pre-Certificate of Occupancy o Change of Use o Permit for As-Built Construction o Other: . Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoniug Ordinance by numbers. Do not quote the code. Article Section 100- Subsection ~BA Ap~~ *3"'\"31 Type of ,t'jipeaI. An Appeal ism.ure for: o A Variance to the Zoning Code or Zoning Map. o A Variance due to lack of access required by New York Town Law-Section 280-A. -2/.nterpretation of the Town Code, Article Section l\Reversal or Other A p?;;~peal 0 has 0 has not been made with respect to this property UNDER Appeal No. Year ICfi)(for current and all prior owners). Nameofowners:~ I (' . Appeal No. REASONS FOR APPEAL (additional sheets mav be 'used with aoolicant's sit mature): AREA VARIANCE REASONS: (1) An nndesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: ~ A~L ~ WWLD"-\ ( ExLH::.--l) un CD\J~~ -;;, ~f:D (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: ~,~ ~ to ~ MA~ U~I?WI- JJf5T (./Vt~, .TJtf..-~ ~+'=> AI.:aC,~ 6TlkX...-tVU- (3) The amount of relief requested is not substantial because: % F~ UNDEe- LD-r ~L.k- l.X::k..- ~ Cb)t-P/'C~ (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 'X! ;r-::::. b~~ ~ AljD Cif:6-r"-' r:t\ID ~ \JT:i:.-'/...J 13-\ L.AJ-l~ (5) Has the alleged difficulty been self-created? ( )Yes, or ~o. Does this variance involve as-built construction or activity? ( ) Yes, or}><1 No. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare ofthe community. Check this box ( ) IF A USE VARIANCE IS BEING ATTACHED USE VARIANCE SHEET: (please be s Claire L. Glew Notary Public, Stale of New York No. 01 GL48795tl1l Qualified in Suffolk cou~_ "'0 f^ Commission Expires Dec. 8. U (0 .' ! . . Page J 01 J . Appeal Applicallon Part 8: REASONS FOR USE VARIANCE (if requesfecIJ: For Each and Every Permlfted Use under Ihe Zoning Regulations for the Particular District Where the Projeells Located (please consult your aftorney before completing): 1. Applicant cannot realize a reasonable return lor each and every permifted use under the zoning regulations for Ihe particular district where the properly Is localed, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relallng to the properly Is unique because: Z~DJA~~ 3. The alleged hardship does not apply to a subsfantlal portion of the dlslrlel or neighborhood because: XI ;J:? A. L4-~ ~f;:.f~ I'D T~ ~.I-I~ 4. The request will not alter the essenlial character of the neighborhood because: ~6 AI..L c.co€.. PND ~ "-D1 ElL rf--D M4 t>+:c€- ~T~~ fi:e. 15 ~~ 5, The alleged hardship has not been self-created bV~use: .::: .\ ~,,~ .I~""'" tS>~ ~ ~t..1. :n-\ -r;.-~~. 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 separale sheel il necessary.) 4E.- ~ 7. The spirit of the ordinance will be observed. public safety and welfare will be secured, and substantial Justice will be done because: ~e~se explain on a separate sheel if necessary.) ~ ~ ~~.(~ -m tuW~ ~ ~AL ~~LI :to ADI MJ. t>J~ ~ ~ 1ltE.. ~1<:-1 ) Check this box and complete PART A, Questions on previous page to apply AREA V'A lANCE STANDARDS, (Please consult your aftorney.) Otherwise, please proceed to the signature and notary area below. pp lant or Authorized Agent J~aEtI)~ su mlt Authorization from Owner) Notary Public, State of New ork No.01GL4879505 Qualified in SuffOlk Coun!}' _ .. I ommlssion Expires Dec. 8.--~'O ZBA App 9/30/02 . . APPLICANT'S PROJECT DESCRIPTION ~~.,-".) t.~O'j~ 06 APPIicant:~:;, ~L U ( Date Prepared: W! DC I. For Demolition of Existing Building Area/~ Please describe areas being removed: -lJ , II. New Construction Areas (New Dwelling or New Additions/Extensions): DlmenslOns of first floor extenslOn:~Z' 'i~D DImensIons of new second floor:~ __ _ DlmenslOns of floor above second level: D I Height (from finished ground to top of ridge): Z-I' Is basement or lowest floor area being constructed? Ifyesl~11;ile provide height (above ground) measured from natural existing grade to first floor: ~ III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: I t /" Number of Floors and General Characteristics BEFORE Alterations: ~ Number of Floors and Changes WITH Alterations: A.J./f1- IV. Calculations of building ~reas and lot coverage (fro~ ~ur);eyor): EXlstmg square footage' ofbUlldmgs on your property: ~L) Proposed increase of building coverage: Z5ZD Square footage of your lot: SO I 7~. ~ ~ Percentage of coverage of your lot by building area: J b. "1"1 "70 V. Purl'ose of New Construction Requested: "C:>~"~{f~ ~~':i Mu I'J..AT(:-O<P"LIrL'S ~J k-TJ;.[)_ ~ L "JJr __~_~ tj , . VI. Please describe the land contours (flat, slope 0 , t.) as exist and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 . . QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? [} Yes ~o B. Are Ihere..:"::.~})foposals to change or alter land contoms? [J Yes Xl'lO I) "'\1'e there any areas that contain wetland grasses? ~_.____.__ _____. _ 2) Are the wetland areas shown on the map submitted with this application? 1T7h--' -- 3) Is il}efloperty bulkheaded between the wetlands area and t1~_llPland bUil~'? ~~= 4) if~~perty contains wetlands or pond areas, have Yl1contacted the office ofthe Town Tn. lstees for its determination of .t,ttiOn? /.J Please confirm status of your inquiry or application with the Trustees: 7. , ~----~._--._------ c D. Is tbere a depression or Slor:JJ t!/vation near the area of proposed constructron al or below five feet above mean sea level? "__ E. Are there any patios, concrete barriers, bulkheads or fences that eXist and are not shown on the survey map that you are submitting? -...00 ___~_ (Please show area of these Shllctl.Jres 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 timeconcemmg your premises? ,L(E-..C:::> If yes, please submit a copy of your building pennit and map as approved by the B;;jjdll1g ---- Department and describe: ~1')VMrC1l. t m---.E~ u:; ~ III l"'1f:;,1" Dj?W~(. J G. Do you or any co-owner also ovm other land close to thiS parcel? }.JQ__ _ If yes, please label the proximity of your lands on your map with this application. 2/05 ....... .. ~ ........-. -' .... .... ~ i e' --- .... .\ ,", ,.:' ~ I ~.5- / - /9 lOWN OF SOUTHOLD PRoPERn1iECORD CARD STREET :~! VILLAGE DIST. SUB. -- 1lJ-12- OWNER LOT -/'" ' //"t " ,/ '\....,;'. , -; " ",' I II ACR. N l< P E TL- VL. j S CO LAND IMP. TOTAL DATE REMARKS .. . ~.~ =:' t'J :'1"" ).. ':"0 ~ 1=0(\ -- Iz.o(.J 2.50 () / 12- l2bo 370 Q / b" 00 C02.0tl - 4'faJ 'D ---- Tillable FRONTAGE ON WATER Woodland House Plot FRONTAGE ON ROAD / :?} DEPTH BULKHEAD /0, , ~ .,:,...::> (). Meadowland Total .' -- ~. - '2'.040 " Foundation Bath - / Basement J\,~Q \.~... F.xt. Walls Interior Finish Fire Place Heat 125.-1-19.7 2/06 -=-r '--'~ ~~. M. dg. \ 2. )( ~ 5""';' 4~o ... \-a~O Exten Porch 200 c -\ Deck Breezeway Garage O.B. Pool Patio Driveway (Q~&3 ~'la!4) r? ~~ ,->~"",...4 , - . 'Z..~,\ I)", S j:.\ \ l'< "-\ v,...\ $,1.,.",-<: (~<,", JX - ~ ~ I . . \J I ; , ( I ~!; I.:.' g :> li I .., I I .s ) ..)\,\&-":'. L) Anic Rooms 1st Floor Rooms 2nd Floor /)11/91 AI/!!' k . \ \,1,~- (j - ---i' l.4ATCH / ~ESEC.NO.121 ---7'---- ----2'--- FOR PCLtfJ. SEE SEC. NO. 121-0~'0l1 FORPCl.NO. SEE SEC. NO. 121-05-005.1 L)lJREL LAKE .. l '\ ~~ " 31.7Alcl TO'~ OF SOUTHOLO '" " .., .., IO.8A 14.~A(cl STATE or NElrOIlK .. 11.1A -OIHOFSOUTHOlO '1l!:"lOl'l.t"Il'RICH1S 24.23 lS~.1A - g ~ (1) iii FOOPCL.NO. SEESEC.tfJ. 12S-0~'024.23 . ~ .1 " , - ". ,.~ g ~ r,OPF:N<,P'C[B' FORPCl.tf:). SEES€C.NO. 127-03-011 FORPCl.NO. SEESEC.f.\:l. 121-03-012 ~~:~~ I J~ <II > ---z?-~ LINE ~I j IU,T~~----~ , - --,Z-- /\ ::-; II II II i"j g ~ 'flCP[l!TIES r~OTlCE. e COUNTY OF SUFFOLK CD '" '" ",.. SOUTHOLO SECTION NO OlSTRO;T~, '-- IoIl1NTENANCE,ALTERATIOI'l,SALEQA ~ ':. ReeJ Property T ox Service Agency OISTRlBUTION Of ANY PClRTOO OF THE I: CWlty Center Rlverhead,N Y 11901 i~5 '" """'. 125 SUFFOLK COUNTY T~X !.lAP IS P~OOIB[TEO " .lTfIOUT .RITTEtl PERl.lISSION OF HlE ~. scml~FEET: A ~~. ll€AlPQOPERTYHxSERV~AGE'lCY. 2to . <oe .., p '" '" tlSTlICTHO 1000 PROPERTY MAP CON\IER$IOtIDATE,,,,,..><.,,.. ---" $'\I.v \"'1/. . . ~?I c . & A~ y)/ PLANNING BOARD MEMBE. IJr~'~t 1c1- A / JERIL YN B. WOODHOUSE, )( \ \$ :J vv- '-'1 tr. dJ Chalr I_-\, \:' W KENNETH L EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND ~; t6A-- f /3/ f;J fli i/ c' .../ . MAIUNG ADDRESS: P,O, Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave,) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 <'lUG 2 2 2006 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Date: August 18,2006 To: Ruth Oliva, Zoning Board of Appeals Cliair From: Jerilyn B Woodhouse, Planning Board Cliairperso~~r Re: Appeal # 5919 ... f 1-1 VI LL-C- North Fork Gtstom Audio & Video 6619 Main Road, Mattituck, New York SCIM#: 1000-125-1-19] Zone: GeneralBusiness In response to your memo dated August 1,2006, the Planning Board (PB) has reviewed the revised site plan and offers the following comments: · We are site planning this project under the Building Departments Notice of Disapproval dated January 27, 2006 and amended May 30,2006, The notice indicates that "because the accessory building is slated to be used for part of that 'second business', it is violation" of the previously issued ZBA decision, appeal # 3931, which states" '" a second business that will not exceed 35 x 50 fe. ". · The Planning Board is currently reviewing a site plan prepared and certified by Steven L. Maresca of S.L. Maresca Associates dated February 24,2006 and last revised March 29, 2006. · The Planning Board accepted the site plan application and began the site plan review process on April 1 0, 2006. · The Architectural Review Committee, after review and discussion of the site plan material, accepted the project on May 4,2006. See attached minutes. · The Southold Town Engineer responded on May 31, 2006 after review and determined that revised drainage calculations would be required for stone parking surfaces and questioned if the proposed landscaping is sufficient. . Please find attached letter to the applicant from this Department, dated June 13,2006, detailing changes that should be made to the site plan including addressing the Town Engineer's comments, parking, and covenants and restrictions regarding cross access. To date, the Planning Board has not received a revised plan or materials to review. . . North Fork Custom Audio & Video Page Two August 7, 2006 . Mattituck Fire District responded on June 14,2006 after review stating, "no additional water supply is required; however they recommend that all drives and road meet the Southold Town Requirements for clearance of roads and right of ways". See attached letter. · Suffolk County Planning Department, on June 21, 2006, responded after review and determined this matter is for "local determination as there appears to be no significant county-wide or inter- community impact(s)" . · New York State Department of Transportation responded on June 22, 2006 after review and indicated their previously issued Highway Work Permit expired on June 1,2005 and a permit extension will be necessary. See attached letter. · The L WRP Coordinator responded on July 31,2006, after review and indicated the proposed action is generally consistent. See attached letter. · Prior to Planning Board issuing site plan approval, this application will require the following approvals from various involved agencies: Southold Town Building Inspector, Town Engineer, SCDHS, SCWA and NYS DOT. · The Planning Board has concerns regart!ing the subject property's access onto New York State Road 25 and is further reviewing access with NYS DOT to ensure maximum safety. The Planning Board has no objection to this proposed project provided safe access onto NYS 25 is provided. We hope these comments will be useful to the ZBA in its review of this appeal. Cc: Planning Board Members File Ene? Attachments (![) S:\Planning\2006\Site Plans\SP Applications\125-1-19.7 North Fork GJstom Audio & Video\Nonh Fork Custom Audio & Video.doc .ATTITUCK FIRE DISTRI~ PO BOX 666, PIKE STREET MATTlTUCK, NEW YORK 11952'{)666 Sf P)) At- Commissioners Norman A. Reilly, Jr., Chairman Secretary, John C. Harrison Treasurer, Barbara A. Dickerson James D. Roache, Vice Chairman Martin L Grtffln, Sr. Jerome Zuhoskl David F. Haas June 14, 2006 b,UG ~ 2 200n Ms, Amy Ford Senior Planner Southord Town Planning Board POBox 1179 Southold, NY 11971-0959 RE: SCTM# 1000-125-1-19.7 Dear Ms. Ford; At the Regular meeting ofthe Board of Fire COn"lmissi()ners. the Bl)ard reviewed the Site plan for North Fork Custom Audio & Visual (SCTM# 1000-125-1'19.7) at your request. That as SCWA Hydrants are located alongthe SCWA main running along Main Road that no additional water supply is required; however theyrllcommehdthat all drives and roads meet the South old Town Requirement for c1earanCll of roadll and right of ways. Thank you in advance for your c()operatil)n inthi!; matter. Sincerely, - o C. Harrison Secretary/Fire District Manager , cc: Board of Fire Commissioners Chief t:;: ,y," ........~>~ ,;f~',r.. ,..,.~... -"'~\' , t~lI'''.IfI'''' ~.....il,,""f'~"- i. Office (631) 298-8837 Facsimile (631) 298-8841 PLANNING BOARD MEMBE. JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND . MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTH OLD June 13, 2006 William S. Kelly 22355 Cox Lane - Unit # 4 Oltchogue, New York 11935 O\UG 2 2 2006 Re: Proposed amended site plan for North Fork Olstom Audio & Video 6619 Main Road, Mattituck SCTM# 1000-125-1-19.7 Zone: General Business Dear Mr. Kelly, In reviewing the site plan application materials submitted to the office on March 29, 2006, the Planning Board held a work session on Apri110, 2006 and accepted this application. The site plan application will need to include the following to continue processing: 1. The site plan will need to address the comments of the Town Engineer which wete accepted by the Planning Board at their work session on Monday, June 12,2006. A copy of that letter has been enclosed for your review. 2. Parking spaces number 4-12 associated with the parking for existing building # 1 must comply with Town Code ~100-191 (q which states that all parking stalls must be a minimum of 9' x 19'. 3. All handicap parking stalls and access aisles must comply with New York State Code and ADA requirements. 4. Please supply a copy of the draft Covenants & Restrictions to this Department for the future cross easement as indicated on the proposed site plan last revised March 29, 2006. Once received, a copy will be forwarded to the Town Attomeyfor review and approval prior to filing with the Suffolk County Oerk In addition, please be aware the Building Department has revised their Notice of Disapproval (attached) stating approval from the Zoning Board of Appeals will be necessary prior to site plan approval. Please forward a copy of the ZBA decision upon receipt. This is to notify you that the Planning Department will need to obtain the following approvals and/ or comments before the Planning Board can approve this site plan: Suffolk County Planning Department, L WRP, Mattituck Fire Department, Town Engineer and Southold Town Building Department. North Fork G1stom Audio & Video Page Two June 13,2006 In addition, please be aware the Architectural Review Committee reviewed your application on Thursday, May 4, 2006 and accepted the application as approved. The Planning Board has accepted the ARCs recommendation at their work session on June 5, 2006. You are required to verify agency requirements, submit required agency documents and obtain approvals from the Southold Town ZBA and New York State Department of Transportation. If necessary, approval from Suffolk County Department of Health Services and Suffolk County Water Authority will be required. As a courtesy, you may submit one (1) sketch revised site plan incorporating all of the above referenced changes to this Department for an initial review prior to submitting all of the necessary copies. Once the Planning Board has reviewed and accepted the necessary changes, please submit five (5) copies of the revised site plan to this office so that it may be distributed to all necessary agencies. Please do not hesitate to contact this office should you have any questions or need further assistance. Ene: Town Engineer comments dated May31, 2006 Amended Notice of Disapproval Cc: File Planning Board Zoning Board of Appeals Building Department . SCOTTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (631) + 765 - 9015 . Svbf 77} ?S_ JAMES A. RICHTER, R.A/lr ENGINEER TOWN OF SOUTHOLD,NEWYORK 11971 Tel. (631) -765 -1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD AUG 2 2 2006 Jerilyn B. Woodhouse Chairperson - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Dear Mrs. Woodhouse: May 31,2006 North Fork Audio Video Site Plan State Route 25, Mattituck, NY. SCTM #: 1000-125-01-19.7 As per a request from your office, I have reviewed the revised site plan for the above referenced project. This site plan has been prepared by the office of S.L Maresca Associates, Consulting Engineers and has a revision date of 3/29/06. Please consider the following: 1. Drainage Design Calculations provided on the site plan indicate a run-off coefficient of 0.35 for stone parking areas. The Town requires a coefficient of 0.6 for stone parking surfaces. The drainage calculations should be amended and the design modified as needed to accommodate this change. 2. Existing Landscaping has been indicated on the site plan. Is this sufficient or will the Planning Board require new Landscaping to screen the new construction? With the exception of the item listed herein, the proposed construction meets the minimum requirements of the Town Code. If you have any questions regarding this Site Plan review, please contact my office. cc: Peter Harris (Highway Superinte en . .>> ;~,'~.::~:~~~~;~::i&i~:;:ffSir ,)1"1 'V\,~,") , 1 ""~~.. .~,(~m.l1~;~~V,~~?2-;: ;-"'--r . y~ SF' I\y. .-~'~"~'--. ._..~ .<.- "::--".'~.' ..1 ~_.",^.-. -,- . :~~~ 't.~~._- t gJjJt,~..~ ';., STATE OF NEW YORK \, D g ..-'" ", DEPARTMENT OF TRANSPORTATIOt! Ii . REGION TEN " 'U\<\ 2 7 'IDO, 250 VETERANS MEMORIAL HIGHWAY U ~ HAUPPA;::dO~.~t~eY~:~ 11788 L..",!)! \;;,~' "':".' 'n"';jafu. THOMAS J. ff\t' \ 'w , R. MISSIONER . AUG 2 2 ZOOf:; SUBIMAL CHAKRABORTJ, PE. REGIONAL DIRECTOR June 22, 2006 ~J .~.~' ~~:~~~ ~ Ms. Amy Ford, Senior Planner Town of Southold Town Hall P. O. Box 1179 Southold, NY 11971 Dear Ms. Ford: Your May 16, 2006 Submissions North Fork Audio Video Site Plans Dated 2/24/06, Revised 3/29/06 6619 Main Road Route 25 Mattituck SCTM# 1000.125-1-19.7 District Zone B Our Case No. 04-163P Highway Work Permit #10-04-0509 This is in regard to the site plans for the referenced project which were submitted to us for revIew. The additional construction at this location does not appear to have a significant impact to the previously approved plans attached to the Highway Work Permit we issued, #10-04-0509. That Highway Work Permit authorized construction of a commercial access and other incidental work in accordance with permit approved plans. Please be advised that the Highway Work Permit expired 6/1/05. The applicant must contact us to request a permit extension prior to commencing any work at this location. Questions concerning this matter should be directed to Mr. Mark Wolfgang at (631) 952-7973. Please send all correspondence to his attention at the above address. Kindly refer to the subject case number and County tax map number in all correspondence, Thank you for your cooperation concerning this matter. /? J;::rs'Aj h ~~IK A. SAAD, P.E. . Ci vi I Engineer III Traffic Engineering and Safety cc: Mr. Peter Harris, Superintendent of Highways, Town of Southold Ms. Jerilyn Woodhouse, Planning Board Chairperson, Town of Southold SAS:MDW:SME KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND . MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 :::;v r a- -pB 13S PiF ~LANNING BOARD MEMBE~ JERILYN B. WOODHOUSE Chair AUG 2 2 LOO~ OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Jerilyn Woodhouse, Chair Town of Southold Planning Board From: Mark Terry, Senior Environmental Planner L WRP Coordinator Southold Town Planoi Board Date: July 31,2006 ;,"'........... . .'*:~'" 4,'::",.;.,_ "'~~. .....-~.. Re: Proposed Site Plan for North Fork Audio and Video SCTM#1000-125-1-19.7 Zone: B, General Business This amended site plan is for alteration of an existing building of 1,785 sq. ft. on a 1.16 acre parcel in the B Zone located on the nlslo New York State Road 25, approximately 4,755' elo Aldrich Lane, in Mattituck. SCTM#1000-125-1-19.7 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of South old Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my determination that the proposed action is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the L WRP provided that the following standard best management practices are implemented. Please contact me at (631) 765-1938 if you have any questions regarding the above. Cc: Bruno Semon, Senior Site Plan Reviewer ~)" l' . . J" . . COUNTY OF SUFFOLK cg STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES. AICP DIRECTOR Of PLANNING November 8, 2006 Ms. Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Ms. Oliva: 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-connnunity impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant! s) Segouin, Stephan Engelke, George & Sandra FHV, LLC Butz, Mary Jeffries, Michael & Susan Palmeri, Philip D'Addario, James & Janet Cavanagh, Thomas Zannikos, Nicholas Tyler, Rita & Greg Rosenbaum, Leonard Peconic Bay Materials Cutchogue-New Suffolk Library Peocnic Landing The Laurel Group/Redman Volpe, John David Howell Design! AC LaChance W iederlight, Marc Peter SoutenburghlFisher Isabella, Barbara & Joseph Drake, Charles Municioal File Number! s) 5766 5895 5919 5920 5924 5925 5928 5932 5934 5936 5938 5940 5945 5949 5956 5964 5965 5966 5967 5969 5971 Very truly yours, Thomas Isles, AICP Director of Planning CSW:cc S/s Christooher S. Wrede Environmental Planner LOCATION H. LEE DENNISON BLDG. - 4TH fLOOR 100 VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPP AUGE. NY 11788-0099 . (631) 853-5190 TELECOPIER (6311 853-4044 1< , .. )-, r !"""\ .......~...j . APPIlALS BOARD MEMBERS Gerard P. Goehringer. Cbairmao Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinino. Jr. SCO'IT 1. HARRIS SuperviSor Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTIIOLD Town Hall. 53095 Main Road P.O. Box 1179 Southold, New-York 11971 Fax (516) 765-1823 Teiephooe (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3931 Matter of JOSEPH SHIPMAN. Variance. to the Zoning Ordinance, article X, Section 100~102, fOr permission to institute a second business, Bulk,- Area and Parking Requirementsw Property contains less than required business area. Property Location: 6619 Main Road, Laurel, County Tax MaP No. 1000, Section 125, Block 01, Lot 19.7. WHEREAS, a public hearing was held and concluded on May 15, 1990 in the matter of the Application of JOSEPH SHIPMAN, under Appeal No. 3931; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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 located along the northwest side of Main Road, Route 25, Hamlet of Laurel, and is identified on the Suffolk County Tax Map as District 1000, Section 125, Block 01, Lot 19.7. 2. This is an application for Variances from the Zoning ,_ Code Article X, Section 100-102, for permdssion to institute a second business, bulk, area and parking requirements. Property contains less than required business area. . /C.,. \..,/ r"-. . ....j Page 2 - Appl. No. 3931 Matter of JOSEPH SHIPMAN Decision rendered May 30, 1990 3. Article X, Section 100-102, 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 regulation were set for the herein in full. 4. The subject premises is improved with. two framed buildings, located to the rear of the property is a 50 X 35 building approximately 9 1/2 ft. from the southeast prcperty line, 12 112+- ft. from the northwest property line and the second building is located 53+- ft from the north side of Main Road, Route 25 and 25 1/2+-ft. from the west property line. 5. In considering the application, the Board finds and determines: (a) that the circumstances of the application are uniquely related to the premises and its establishednonconformlties; (b) that there is no other method for appellants to pursue; and haVing a second business on this location will' require other variance relief; (c) that the variance will not in turn" cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the matter of the application of JOSEPH SHIP~ as applied under Appeal No. 3931, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 35 X 50 ft. building in the rear of said parcel will be used asa second business that will not to exceed 35 X 50 ft. as it presently exists on the survey dated December 22, 1987 by R. Van Tuyl. " . \--~/ . Page 3 - Appl. No, 3931 Matter of JOSEPH SHIPMAN Decision rendered May 30, 1990 2. That the applicant place screening forward"of- the rear parking area, thence starting at a point approximately 135 ft. south of the west side rear corner property monument and running east approximately 120+- with the exception that the applicant may put a driveway for ingress/egress between the screening area not to exceed 10 ft. in width. 3. That the evergreens be approximately 3 ft. in height and be continuously,maintained. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Sawicki and Dinizio lAhsent Charles Grigonisl. This resolution was duly adopted. . . . df --~~ /;;~ P. GO ING ,CHA;Ii RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE0-.2'J.-x., HOUllI;J.:~-I.fI1 v ~-"-;:;/~ ~.. Town Cleric, Town of Southald