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Home My WebLink About6030 aq �{ (03od S.fih� 1rE • Pe /310 CA Co%y l07 4. APPEALS BOARD MEMBERS• ''''''OF $AUT @ • Mailing Address: James Dinizio. Jr., Chairman 4. � '42\ Southold Town Hall , '0 53095 Main Road • P.O. Box 1 179 Gerard P. Goehringer �e Southold,NY 11971-0959 Ruth D. Oliva G Q ,• Office Location: Michael A. Simon "a ,�� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �1�°0m �c��i�� 54375 Main Road(at Youngs Avenue) N, sae Southold, NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS q- a 9:gLarr► TOWN OF SOUTHOLD 1,l. 'u/L Tel. (631) 765-1809•Fax(631)765-9064 n/Y%^'� FINDINGS, DELIBERATIONS AND DETERMINATION ,du Town Clerk MEETING OF JUNE 14, 2007 ZB File # 6030 - PECONIC RECYCLING AND TRANSFER CORP; COMMERCE EAST ONE, LLC by John M. DiVello Property Location: Commerce Drive and Right-of-Way, Cutchogue CTM 95-2-5 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 further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicants' property is vacant and contains 120,000 square feet of land, located in the Light Industrial Office (LIO) Zone District. The lot fronts along two roads: Commerce Drive and Corporate Road, and is referred to as Lot 6 on the Map of North Fork Industrial Park filed in the Office of the Suffolk County Clerk on 1/27/2005 as Map No. 11215. BASIS OF APPLICATION: Area variances under Zoning Code Sections 280-59, 280-60A and C, and Bulk Schedule, based on the Building Inspector's amended May 15, 2007 Notice of Disapproval concerning proposed building and fence construction. The Building Inspector states that the new construction will be: (1) less than the code-required minimum 75 feet from the rear property line, noting a proposed 45 feet from the rear property line , (2) less than the required minimum 100 feet from the front lot line adjacent to a right-of-way setbacks, noting a proposed 60 and 90 feet from the front property lines, and (3) lot coverage in excess of code limitation of 20 percent of the total lot size, noting 29% lot coverage, and (4) fence height exceeding code maximum limitation of 6% feet, noting a proposed height of eight (8) feet. TOWN CODE CHAPTER 268 LWRP DETERMINATION: The applicants are proposing a new 34,210 square foot building for the purpose of operating transfer station activities. The use as a Transfer Station was recently added to the zoning code under Local Law 13-2007. A November 21, 2006 report was submitted to the Zoning Board of Appeals stating that the action is generally consistent with the policy standards and consistent with the LWRP. In addition, the Town Board adopted Local Law 13-2007 concerning Transfer Station(s) in the Town of Southold. The Zoning Board of Appeals determines in this area variance application that conditions are necessary to mitigate concerns raised during the public hearing concerning visual effects regarding visual and lighting, and determines this application consistent with the LWRP. The burden of proof regarding the need for large-scale buildings and large supporting service areas for proper function of an indoor waste management facility has been met. Page 2—June 14,2007 • ZB File No. 6030—Peconic Recylcing • &Transfer Corp. CTM No. 95-2-5 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 31, 2007, 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 relevant: AREA VARIANCE RELIEF REQUESTED: The applicants request variances related to the proposed construction of a principal industrial building in an LIO Zone District, as follows: (a) front yard setback at 60 feet at its closest point measured from the front lot line adjacent to the right-of-way referred to as Commerce Drive on the west, (b) rear yard setback at 45 feet at its closest point measured from the most easterly lot line, (c) lot coverage at 28.5% for a 34,210 square foot building, based on the Building Inspector's letter dated June 5, 2007 indicating the ground-level scale and future truck wash pad do not count toward lot coverage calculations, (d) fence height at eight feet. The area variances requested are related to the proposed Transfer Station Recycling Facility shown on the 3-7-07 and 3-20-07 Drawings prepared by Michael Dunn, R.A. and Graham Associates. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Granting the variances will produce neither an undesirable change in the character of the neighborhood nor a detriment to nearby properties. The property is zoned Light Industrial Office (LIO). The building construction will be located near the center of a commercial development area and 1000 feet or more from the nearest residences. 2. The difficulty has not been self created. Placement on the lot in question was determined by the Town's request that the transfer and recycling station be located on the smaller lot within the same subdivision, rather than the lot (North Fork Industrial Park Lot#8) originally proposed. 3. The benefit sought by the applicants cannot be achieved by any method feasible for the applicants to pursue other than an obtaining an area variance for the same reasons noted above. 4. The variance sought is not substantial. a, The setbacks requested are consistent with the proposed uses and will be mitigated by vegetation. b. The increase in lot coverage from 20% to 28.5% is not significant, given the size of the lot, which is greater than 118,000 square feet. c. Permitting a fence 8 feet (as opposed to 6'/2) in height will not have a significant effect on the appearance. Additional screening is also noted as a condition of this determination for visual buffering. 5. Granting the requested variances is the minimum action necessary when weighing the requested benefit of the applicants and enabling applicants to limit the impact on the recycling and transfer station on its surroundings. Page 3—June 14,2007 • ZB File No.6030—Peconic Recylcig&Transfer Corp. CTM No.95-2-5 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 Simon, seconded by Member Goehringer, and duly carried to GRANT the relief as applied for as shown on the shown on the 3-7-07 and 3-20-07 diagrams prepared by Michael Dunn, R.A. and Graham Associates, subject to the following conditions: 1. Placement of mature evergreen trees adequate to screen the structures and external waste from view from outside; and 2. Installation of low-impact lighting to reduce visual impact on the highway and surrounding properties. That these ZBA conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey 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 increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio (Chairman), Oliva, Goehringer, and Simon. (Member Weisman was absent.). This Resolution s duly ea� d (4-0). J esDiniziov r., Chai as 6/f S /2007 proved for Filing RECEIVED Southold Town Clerk MEMBERS ' ��"" - ,��, OF SOU/2,- BOARD _ Southold Town Hall Leslie Kanes Weisman,Chairperson �� 53095 Main Road•P.O.Box 1179 ��' �O 4 Southold,NY 11971-0959 Eric Dames ; Office Location: Gerard P.Goehringer ; Town Annex/First Floor,Capital One Bank George Horning 4OQ�� 54375 Main Road(at Youngs Avenue) Kenneth Schneider Ol�COU ','• Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 June 19, 2014 Jon DiVello Peconic Recycling&Transfer P.O. Box 1402 Mattituck,NY 11952 RE: Peconic Recycling, ZBA File#6030 Dear Mr. DiVello: I have reviewed your letter dated June 17, 2014,and the drawings that you submitted with your request for a de minimus determination in the above referenced ZBA decision, for a proposed 19 ft. x 25 ft. one story addition with garage doors to the building shown on the site plan last revised June 5, 2014 by DAA, architects, for Peconic Recycling. Since you are not proposing any new nonconformity, I have determined that your requested modification is de minimus in nature. Please also note that the applicant must comply with Chapter 236 of the Town's drainage code. I will instruct the office to send a copy of this letter and your request to the Building Department so that you can apply for a building permit. If you have any questions,please call the office. Si ely, EP L., - / odyitiA Leslie Kanes Weisman Chairperson/Dept. Head CC: Michael Verity, Chief Building Inspector Lo DAA :: DiGiovanni & • Associates PECONIC RECYCLING Architects 26 preston avenue sea cliff,ny 11579 ■ ■ (516)677-3624 fax(516)759-7138 560 Commerce Drive Cutchogue, New York 13-130 ISSUED N 4.1°L230"E 33654' �� / (( 1 f� T O 41,,Ls- '1 ''''f,P' -,L Ji� / 7 \, \, It ,�,1lFl•' 'v nj t — PROPOSED )1r. j-■ ASPHALT ' - - aRFACE�I �i � f/ i 114 C� woo o- w i �u� 1 . ■ t o , iJir /iJ pie .4;...,....L°411.. Ir30ARD OF17:::ALS �� - rnno_-cam J, ✓ , ,�+ O LOCATION PLAN NTS f m �fIl'iikP �L/ • p .1 ft BUILDING GODS ANALYSIS ii4AL Industrial 3_use Occupancy Gla»iflcatlan REVIEWED B\ 7 SA � 306 InWstrlal Group F , �I j _.-. ice 306.2 Moderat BHazard Industrial f Group 5-I l 113'-6" 66'_5"FY , �� , 503 General Heighhtt lei aullailtotion Height< Areas SEE DECISION #� 3 Table Allowable height t building areas A- ry 'II - 503 Type 25=15900 sf and 2 stories 14-O' 506 Area Medication 506.3 I Story SPRINKLERED BLDG=300%Increase 15,500(5)=46,500 DATED / _ F Actual Max building area=34205 sf and 1 sty Il t /PROPOSED 34205<46,500-Therefore OK iJ°\ ASPHALT `", SURFACE f_ Tye 1 rt 6-TypeNan- nf Caul)Construction , .. -YCJI ,, f 602.2 Type I!II-Non-GomW>tble U�. f' Table 601 Fee Resistance Ratings -0 000 ;! Peconic Recycling and Transfer Corp. Zoning Board RECEIVED 030 54375 Main Rd .JUN 17 2014 P.O. BOX 1179 BOARD OF APPEALS Southold NY 11971 To Whom It May Concern: It has come to our attention that it would be a substantial improvement to our operation to add an enclosed truck entrance on the southwest corner of the building. This enclosed entrance would give us the ability to back tractor trailers completely inside the building and close the doors. This minimal addition to the site would simply help us to enhance our operation. In addition,we will be acquiring and merging the adjacent lot. Since we are under construction and near completion we are suggesting that this addition to the plan be considered de minimis. Jon DiVello j` Peconic Recycling&Transfer Owner AJO 11x0 CCfCl/ q5' ` 5� --1 7 -.-. --- -c, 9 DiGiovanni& .C.S........,, I i Associates Architects 14111111111111,11111111111111111111111111111111111111111111111111111111111111:j11/11,1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111•1111111M 01111E1111111111111111111111111111111111111111111111 1 11111111111111111r 1111111111111111111 iiJ11 ' 1 lfrili11(11.1 I 111)'=11=e1 1 1=in I 1 11==, mi•Limijall 1616)01•HU 6451.)/Mt. 111111111111111111111111/i ( f' '1""Li$'W"..". I EMMMIMIIIMI.11.. ==.111 IME-TWBillllh' "ai 1 . 1 1 i I immonis J,t,mell nim non I II NI IE. iimili , , , mmo= I F: IIIIIIIIFIlliill LI Immt=61,11111,111 iminninm%i il , , min..92,1, E=1 mar • .....r."...1 a1 in, a ;; a 11==ziii 1,....re...Az ........u...... ... r II al . , :,,,• : ,,,,, .......1, i........ I IIMIMimmimi I, I , j MIMMEmmo I, IIMINNIMMINON I , ,IIMMIMMIN is _______._ ___ . . •"• E_i tA.--.-:2' --- :e .3 1.11114.11.11...':i ':. --' _•-_- .::T- ,.,.....T- =:° EL_D Ai EAST ELEVATION ....rr., W1 9 991 0 '111.1111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIMINIIIIIIIIIIIII11111011111111111111111111111i111111WIIIIIIIIIIIIH1111111,11111111111i11111111:111111111111111/11,11111111:11 1111:clIME11,1,11111111111 Iiiiiiiinglig . , 1 1 • I I -'47Leam,..• A WW..a.".. AI HES EVATION 5/3.2..V.O. 9 9 9 9 0 L00 y 1 0 • 1 ,,,,.,,...„.•„„..,,,,,,,,iiiimmilliviiffiiiii un,,,„ ,T,-.-:„.... ........_______ 3 11111111111•IIIII1111111111111111:1•1111111111111111Li -- IIIIIIIIIiTiitill., lit.141111111111111111117E-4111111:11111!ii I 1 1,1 Li Wfdlifillill_- I I I ilr i 111111111111111111lii 111111011111111 1111'1111111111Kli1111141111 II 11' 11:".......111111111" IIIIIIII I il 11111111111111111111111111111111/11111111111111111 MI 4.111.......0.....•••••2•••••be c : „,, 'Y---- ---t:.:T -1- -,...7. 7.s :-. T ......... "Z • f_D .0•••0 If Alfrello......4.1 It .1•01010 e.."....s n-....1 0.11.1106.40.1.•alrale.0.0 Mu. al, 501.716LEVATION ..0.200.4./0•11“.4.10.1..1111...11 0 1..1111.00.1..M.4.114....0.• 0 0 0 @ 0 c' 0 Peconic Recycling .,, 7: ._ 111.11111p y/iiliniii iiIIIIIIIIIIIIIIIIIIIERIMTIMIVIITI -,,,--,-.--. '__ N '1':.11111111111111'11-1'1111 11 '' illil ill111111111111IIIIIIIIII;Hlll ';'11 RECEIVED (0° og BOARDUNOIF A7 P2P°E1A LS 560 CommDrive erce Cuichue,NY ELEVATIONS c_.:3--- ..- r•3 K3. 1 OF 1 • th NORTH ELEVATION ,,,.....,..., _..... —• b I 'IV ,..... L _J r -..._ ______._..._ _—__._..._. Associates A 7 _ 0rchAit anni& Architects 1 ` 26 pres Won avenue ranommininnevimmummirraismam 1.,�. >1.,....m.4seta. 1•4616)7134126 ia .0u i3o1 0 0 -- I — _ —Io - LCs s ------ - 4,14 � ,� ua _—I-- I—___O lila Ili ' RECEIVED o _ JUN 1 7 20 40 I' I -- TIIBOARDOFAPPEAS IIiii � I LILITI IN•11111V•14 all..40001.••0111. o — E i i i iROMMEL _ 10U.AWN 1.13•••••MI �� K,°ate '°" �e�lT' '',r.. -- -- -� -°- °,I Pecomc Mr•u� n��ra c A Recycling ""�"� 4��00, . I �r'�� 560 Commerce , nm x,....n, """'rm se Cmchogue,NY 4 T O J p 1st FLOOR PLANS FIRST FLOOR PLAN0 L _ — ., of o I €'`r1Af� (7...:- k-r-H�roR,K. r NJ _ c, _r — - 1,:_ PAR« 7 - Ntrt.,...s. kj0' _ _ Fq "�ak „ 4. ,�pHN- p. KRUPSKI " t N/O/F a'' • : • 367.92• • 4 ,9eeT N 45'2T 50' E _ • - ra / cf f{pFOP0"4{) S OC Ce Otte. LV0040/.0 • a • Il I4tfr bA, TH1Si esid E wo`m! AKq LOT O v4lC-p2:5.0 Co '" o o ' a 3 136,860sq.qo0gto oa , rsna ATF _a Ogf Io 4 P R I kr -. ' 0 8 iLe • C, �/** • : 9,5,43 ,, .�� N, 4972'30'E. o 4 4 " l '' -.i.) P80.42'0 /o ;s " . /fI _o (.„240 s q o ANT% 0 m 50CI `) °e o o 11bmN 100' LOT T' N r °/'o ° 'm > g 120,763Sq.ft. • o T` m ocO a' COO<F 0 .2 N. 99'12'30' • mxi ma 120;ft00'n4ft• • • • M 47.23.4Df E. 364 m r i .•:30 C. D - n' .. . ® n Ti " 0 1'mn103 IN° r • , peo.W r ms.,,as: --p ' rPQR�ITE { r 7Td'3D w�'.o X2307' -77-1-4,4 < W ,�j P ice , taw , Art, . , a- a , ,- 4 rte: a 3_ iw ,-m-,..tet, iA _ i�� iA _ that. nim ie .-_ D �t :w i. 'Yrs 1 - ' �— ;VIE �� `. �� 79E0 : ii .. Y .. W. 1 ------ '� 9 ..-,,. reaavav * .1. .ryay' KEY MAP a.Ya,.s ,-.° . Ares :,e.�....,.. 1 1 I ; em>s°'®r`®" ®� name'e,.+',, �„'�?`'°b, we...'ems-n / \ t ZONING DATA ; / / \ / . . . w.. @ -.0 so.Fe P+YDICx LOCATION. / \ / • ARREDD •, MMus MOON, .' ■. / /\ \ i .�.�.Ne_ TIVADDIRTile po...��. /cti �� PROPo86D / at A ACT PGx9a.1 Pa Pa lit �,LD G AA x 4.-A -- DEADABLASLatecIAR 91 � \ 1\ =i' : ..„a.m..s , TAX NAP INFORMATION J 1/4I AevemeeneeLevevess •C LW vire-re/0e, Asa- n i Nip .fit''—, iN �• S ..................... nom- - a.T--�� REVIEWED PLANS TO BE KEPT \ LL U ON JOB SITE AT ALL TIMES `$ — 0 0 S. “^ ,....,..�..,�.r>...' DURING CONSTRUCTION FOR 9 9 a IY _ceRatenalw ( INSPECTORS' USE ✓ Oce IMAFFI nen. vet i 03120101 3 = -iir 117:41- / 414I- qi \-, N. `.3' 3 Ido MICHAEL DUNN, R.A 1 REGISTER”ARCHITECT i vet Awe ete < 1801 UNION BLVD eATSN0a8.NY I1708 m"„�A ` y.rwar Fr C � yT/�}�(y �``s.< 9b \/�5((831)�6866--SD�810 OCA FA]/!989-Otl3 g ��ss se !I i ) M� �11II1V!®l9Sg>lU1 [iJJ�V l_�-1 J51_�15 �.` , , 1 1 1 1 , ,�r� I I I I o Bil /L ' � ram ACQUISITION AND Agrees 981 UNION BLVD RAYSHORE,NY 11708 COMPLIANCE •PEIRCLDIN SOLO/LOTS 86/b / I 1 I i OO y , 3 0 (89l) µ8-9818 FAX 968-0118* ` p Y I / II O MMVIRCIMNEF 1 , 0 0 1 O 'v T. �.` i o -, j 9 �.` PEGOr11G RECTCL DRIVE AND 7RNJ5FER COMflCIIC UE Y. IS I �mpiTA I e� ✓' Q CHW E NY IH 5 COMMERCE a9n9G Dire PLAN DRIVE MDS wTsraa $ , N .rNre X 9S a_Ly� , 4 O J 'S AS NOTED? PROPOSED SITE PLAN �]IL `€-"`14TE0502 01 ...ae - r - AC aro /V✓ " ' I . IL ft - Rt;"01101 A ICF] / II IIIIIIIIII IIID II III II II Oft III IIIA 1 II LIIIIIII Illi II Illi I II III IIIIIIII I I] 0III II II III 1 1 I 00-IIIIID III III f I =mummy. I 11 --- I. • I __ -- 11111 VIII VIII VIIIMIIIIIIM MMIIIIMINIIIII II �C avec I.L I _.:.� IIIIMO l ___ — ___ KEY.. M A P EAST ELEVATION ZONING DATA sGAl[ v• .=e440.12QATICINL f ou111iiiieiIIIllI 11IHIHIlIOlIlI1 II 11111111111111111111 111111111111MIII arkirair .....dCT P a60ry TcMAP I'PC ATIQ1 ..e / REVIEWED PLANS TO BE KEPT \ NORTH ELEVATION ON JOB SITE AT ALL TIMES el. L e " I ' '° DURING CONSTRUCTION FOR INSPECTORS' USE ill II II IIII I 1 I IIII I 111 1 1 III Ih I I 1 I III- 11 11. I III 111111 11 II I II • III III III IIII �"" MICHAEL DUNN, RA .iTe ear BEGINTEF9D ARCHITECT ��II 1961 llMON BLVD 81Y90$B,NY 11706 I� /4 I�I ❑ ❑ ❑ ❑ 111 �� a (691) 666-9619 NZ 969-0116 I ORMUZ -�JAJ D C'Ant WEST ELEVATION PERIuI ACQUISITION AND�EDNffi6 1961 UNION BLVD BATTANORE.NY 11706 °`A1e I a (esa) 666-9610 FAX 969-0116 Awe ewe m.UNa 'Doan 9ERYRrs a M.•�ae.xr 9M \nu re 'CG.m10/L 92 RIMING "Vela DDFM1NI9 / ( ,PEC[.NIG RECYCLING AND TRANSFER PP I I1Y7� i II 1 II 11 111COITERCE I DRNE CUTGCGIE,N.Y. 11635 T �y �' rrnweur�a m.vxw V�Y Mu=maree SW�n< i. III /'I III !EW WIlD9G ELEVdTIQl9 Lill_ I _. --—.mit _ 7I I I uNIB 1 1 I ii I I II! p III Ill III M t �. awn A5 NOTED SOUTH E L.E V A T I O N 7<6aocl.TE cameo, O1 03/0101 B \ m 2 OF 2 I t 60030 d + t /iko CA cv/,v f o7 o LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 31, 2007 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, MAY 31,2007: 9:35 A.M. PECONIC RECYCLING AND TRANSFER CORP. (and COMMERCE EAST ONE, LLC by JOHN M. DIVELLO) #6030. Request for Area Variances under Sections 280-59, 280-60A and C, and Bulk Schedule, based on the Building Inspector's amended May 15, 2007 Notice of Disapproval concerning proposed building and fence construction. The Building Inspector states that the new construction will be: (1) less than the code-required minimum 75 feet from the rear property line, (2) less than the required minimum 100 feet from the front lot line adjacent to a right-of-way, (3) greater than the code limitation of 60 linear feet of frontage (width), (4) lot coverage in excess of code limitation of 20 percent of the total lot size, and (5) fence height exceeding code maximum limitation of 61/2 feet. Location of Property: Commerce Drive and Right-of-Way, Cutchogue; CTM 95-2-5. 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: May 21,2007. ZONING BOARD OF APPEALS JAMES DINIZIO,JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 #8377 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, commencini os e 24th day of May, 2007. C v Jr. Principal Clerk Sworn to before me this (9 day of , r. 2007 tr Cl ) 1C 16L ( CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-tint i:15080 Qualified In Suffolk County ComrnhIllom irpirna fghrQgty 48 2088 • • LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,MAY 31,2007 PUBLIC HEARING NOTICE IS HEREBY GIVEN,pur- suantandto Section 267 i the Town Law \ and of Sou 100 ,the o).llwing of tic N\ Town of Southold,the following public �r hearing will be held by the SOUTH- 1{'f�, ) p OLD TOWN ZONING BOARD OF APPEALS at the Town Hall. 53095 Main Road, P.O. Box 1Y, V New York 1197 NI959,on THURSDAY MAY 31.2007: 9:35 A.M.SFRECYCLING AND TRANSFERER CORPCO (and COM- MERCE EAST ONE, LLC by JOHN M.DI V ELLO)46030.Request for Area Variances under Sections 280-59. 280- 60A and C,and Bulk Schedule,based on the Building Inspector's amended May 15,2007 Notice of Disapproval concern- ing proposed building and fence con- struction,The Building Inspector states that the new construction will be:(I)less than the code-required minimum 75 feel from the rear property line,(2)less than the required minimum 100 feet from the front lot line adjacent to a right-of-way. (3) greater than the code limitation of 60 linear feet of frontage(width),(4)lot coverage in excess of code limitation of 20 percent of the total lot size,and(5) fence height exceeding code maximum limitation of 6_feet.Location of Prop- erty: Commerce Drive and Right-of- Way,Cutchogue;CTM 95-2-5. The Board of Appeals will hear all persons,or their representatives,desir- ing to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hear- ing.Each hearing will not start earlier than designated above.Files are avail- able for review during regular busi- ness 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:May 21,2007 ZONING BOARD OF APPEALS JAMES DINIZIO,JR.,CHAIRMAN By Linda Kowalski 54375 Main Road(Office Location) 53095 Main Road(Mailing Address) P.O.Box 1179 Southold,NY 11971-0959 $377 IT 5/24 FORM NO. 3ie0 r ? PAl = 5-140 7 NOTICE OF DISAPPROVAL /--eytAa0 poi donktd-116-7 3"" "S- z4, .k_ bpP DATE: March 22, 2007 AMENDED: May 15, 2007 TO: Peconic Recycling and Transfer aGQ 1981 Union Blvd. ZBA cibr�I Bay Shore, NY 11706 Please take notice that your application dated March 22, 2007 For permit for construction of a recycling and transfer center at Location of property: Commerce Drive, Cutchogue County Tax Map No. 1000 - Section 95 Block 2 Lot 5 Is returned herewith and disapproved on the following grounds: The proposed construction, on this conforming 118,164 square foot property in the LIO Zone, is not permitted pursuant to Article XIV, Section 280-58, which states, "In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following:" The proposed transfer station is not a permitted use. In addition, the proposed construction is not permitted pursuant to Article XIV, Section 280-59, which states "No building or premises shall be used and no building or part thereof shall be erected or altered in the LIO Light Industrial Park/Planned Office Park 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." Bulk schedule requires a minimum rear yard setback of 75 feet and a maximum lot coverage of 20 percent. Following the proposed construction, the new building will be setback 45 feet from the rear property line and total lot coverage of 29 percent. In addition, the proposed construction is not permitted pursuant to Article XIV, Section 280-60A. which states, "A. Structures shall be set back at least 100 feet from the right-of-way..." and"C. A project shall be divided into separate structures so that no single structure shall have more than 60 linear feet of frontage on one street." • • The new construction notes 200 feet of linear frontage and front yard setbacks of+/- 90 feet and+/- 60 feet. The proposed fence is also not permitted pursuant to Article XXII, Section 280-105 A & B, which states, "...When located in the front yard of nonresidential zones, the same shall not exceed six feet in height," and "When located in or along side and rear yards, the same shall not exceed 61/2 feet in height." The proposed fence height is 8 feet. In addition, site plan approval will be required from the Southold Town Planning Board. This Notice of Disapproval was amended on Mav 15, 2007 to address fence height and lot coverage. 4111,1 Damon Rallis, Permit Examiner Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, ZBA, Planning Board 1000 - 95- 2 -- S TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER - STREET G,/a� VILLAGE DIST. SUB LOT Commerce_ / [Cukanc) vs. I Z � 'Pe�k II215 nhn nr . .l>� il2f(o N `nC�us+rlal Park abs 1)215 ACR. REMARKS 112-005 , 75 �11os- ‘ir. r subdiviskon(&f?v I1ifos TYPE OF BLD., r3pctsj a( 14N, - Ia4LPRp (p( 5 tie. aqui Inc- --IU JL+ 10,110' #707, att i ut Group t o PROP. CLASS 4D LAND IMP. TOTAL DATE () 719 ) (pyo . / 3hi05- • n FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND o _ DEPTH MEADOWLAND BULKHEAD HOUSE/LOT 2 . 7 ( A- I mom) 27<73 TOTAL 2Z ilp 5-_ 1 fc_dc.2 0 j ,�gc�aim,.t F�• ',�o�p. Sol/4N v � o I- 2��+ da r6/ / ) �c + Town Hall,53 9. Main Road V Fax Fax(631)765-9502 P.O. Box 1 179 T O , Telephone(631)765-1802 Southold. New York 11971-0959 '� ffr Oly � C BUILDING DEPARTMENT 1 ' TOWN OF SOUTHOLD I f i Jar O / l;- b°3I i MEMORANDUM _^_,,/ To: Jim Dinizio, Chairman, Southold Town Zoning Board of Appeals From: Damon Rallis, Building Permit Examiner/ Date: June 5, 2007 Re: 1000-95-2-5 ZBA#6030 Lot Coverage Calculations (Transfer Station) Cc: File, Michael Verity In response to your memo, dated May 31, 2007, the building department has reviewed the above referenced file and determined that the "ground level" scale and "future"truck r} wash pad do not count toward lot coverage calculations. The lot coverage calculation of 28.5 percent stands. Thank you. I APPEALS BOARD MEMBERS tt�$% ��i"OF $0(/l` Mailing Address: James Dinizio, Jr., Chairman 04 p Southold Town Hall Gerard P. Goehringer , � !� 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Ruth D. Oliva s` Q 1�• Office Location: Michael A. Simon .c - I Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman _-��yCOMNTI N ,dt� 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 MEMO TO: Damon Rallis, Building Permits Examiner FROM: James Dinizio Jr., ZBA Chairman DATE: May 31, 2007 SUBJ: Lot Coverage Calculations (Transfer Station) ZBA # 6030 CTM 95-2-5 The public hearing was held today regarding the above hearing. The Board asks whether or not the Building Department will include any other areas shown on the attached map for lot coverage calculations. The applicant has confirmed 28.5% for the 34,210 square foot main building only. Please reply if possible by June 8th Thank you. End. (3/7/07 revised site map) i " �— 7 b. f / 314 t (plr/o ff • AMENDED May 21,2007 • APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only Fee: $ Filed By: Date Assigned/Assignment No. ! .12 Office Notes: Parcel House No.Not Assigned Street Commerce Drive Hamlet Cutchogue SCTM 1000 Section 95.00 Block 2 Lot(s) 5 Lot Size 120,000 Zone District L I O I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED:_ March 22,2007 4-12IY1Qy td Maki 15t2-007 . Applicant/Owner(s): PECONIC RECYCLING&TRANSFER CORP. Mailing Address: 800 Wickham Ave., P.O. Box 1402, Mattituck,NY 11952 Telephone: 631-298-8888 NOTE: In addition to the above please complete below if application is signed by applicant's attorney,agent,architect,builder, contract vendee,etc.and name of person who agent represents: Authorized Representative: Glenn Graham for( )Owner,or( )Other: Address: 1981 Union Blvd., Bay Shore,NY 11706 Telephone: 631-665-9619 Please check box to specify who you wish correspondence to be mailed to,from the above names: ❑ Applicant/Owner(s) ❑ Authorized Representative LI Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED: 3/22/2007 FOR: ❑ Building Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change of Use ❑ Permit for As-Built Construction ❑Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote code. Article XIV Section 280- 59&60A&C and Bulk Schedule Subsection (Front yard setback, rear yard setback, lot coverage, fence height) Type of Appeal. An Appeal is made for: X❑A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law—Section 280-A. ❑ Interpretation of Town Code,Article Section ❑ Reversal or Other A prior appeal Li has XLI has not been made with respect to this property UNDER Appeal No. Year . (Please be sure to research before completing this question or call our office to assist you.) Page 2 of 3-Appeal Applicatio • Part A: AREA VARIANCE REASONS(attach extra sheet as needed): See attached Schedule with detailed explanation (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties,if granted, because: LIO district and subdivision was created for this use and similar uses. Subject parcel is adjacent to Town of Southold Recycling Facility. Lot coverage: With 29% lot coverage on a 120,000 square foot parcel, 61%of the property, or 73,200 sq. feet, remains open. The size of the building proposed is necessary to provide adequate bays for the trucks and adequate interior space to allow the operations to be conducted entirely indoors. The additional size will not be visibly detectable on such a large lot. Fence: The fence of excess height is proposed in order to better screen the facility. The applicant is agreeable to such modifications as the Board determines to best accomplish this objective. One alternative would be to revert to a 6 foot fence on three sides,with the higher height only on the south side opposite the truck bays. (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: The Town Board requested relocation of this facility to this lot. Lot coverage reduction is problematic because the applicant has already reduced the size of this building from its original concept in order to minimize relief requested. (3)The amount of relief requested is not substantial because: The rear yard setback is against the Town composting/recycling facility. The front yard setback primarily is a small portion of the building. Lot coverage excess is 9% of a 120,000 square foot lot; fence height is appropriate to usage being screened. (4)The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: It is in keeping with the nature and character of the surrounding uses. (5) Has the variance been self created? ( )Yes or (X) No. This is the MINIMUM that is necessary and adequate,and at the same time preserves and protects the character of the neighborhood and the health,safety and welfare of the community. Check this box( ) IF A USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) , %?I/ ign• ure of Appellant or Authorized Agent (Agent must submit Authorization from Owner) Svorn to before me this 02/ -5:-day of Sprii,2007. A:JL_ : Notary Public ZBA/varprt DONNA WOMAN Notary Pu 01MC48514beew York Qualified in (folk 18r� Commission ExpiresZo[o • • PECONIC RECYCLING AM)TRANSFER CORP. FACILITY OPERATION DESCRIPTION In order to reclaim reusable and recyclable materials from the waste stream, Peconic Recycling and Transfer Corp. has designed a facility to handle both Construction and Demolition Debris and Municipal Solid Waste. This facility will pull recyclable and marketable materials from the waste stream,thereby reducing the amount of materials sent for disposal. CONSTRUCTION AND DEMOLITION DEBRIS and RECYCLABLE RECLAMATION PROCESS Peconic Recycling and Transfer Corp. intends to accept construction and demolition (C & D) debris and commingled recyclables (uncontaminated cardboard and waste paper normally contained in the construction and demolition debris waste stream) from local contractors. All activities will be performed in accordance with NYS Department of Environmental Conservations permits and Suffolk County Department of Health approvals. The commingled recyclables and C&D debris will generally arrive at the facility in five (5) to forty (40) cubic yard containers transported by roll-off trucks. The trucks will back into the south side of the building and be entirely inside the building prior to unloading. The activities, conducted entirely inside the building, will include (1)the unloading of the C & D debris and commingled recyclables waste stream onto the C & D tipping and sorting area; (2)the picking and sorting of the C & D debris and commingled recyclables waste stream for recyclables (uncontaminated asphalt pavement,brick and other masonry products, cardboard, concrete, ferrous and nonferrous metals,paper,rock, soil,and wood) in the C & D sorting area; an excavator will place the material onto a conveyor belt for sorting, or deliver the separated materials directly to their designated bins; (3) the daily storage of recovered recyclables in containers in recyclables storage areas One and Two; (4)the daily storage of the C & D debris residual waste in the C &D debris residual waste storage area; (5) the compacting of the C &D debris by a tracked front-end loader to reduce its size for transportation; (6)the loading of the containers containing recovered recyclables onto roll-off trucks in recyclables storage areas One or Two for transportation to recyclers of that material for recycling and/or reuse; and(7)the loading of C &D debris residual waste into transfer trailers trucks in the loading area for transportation to a permitted disposal facility. The recovered recyclables will be transported to material handlers for recycling. The C& D debris residual waste that cannot be recycled will be transported in one hundred(100) cubic yard trailers to a permitted disposal facility for disposal The activities, including the unloading, sorting, compacting, storage, and loading, will be conducted indoors on a reinforced concrete slab within the recycling building located on 1 p V' -} • the site. SOLID WASTE TRANSFER AND RECYCLING PROCESS Peconic Recycling and Transfer Corp. intends to accept municipal solid waste (MSW) from commercial collection activities performed by Mattituck Sanitation and other local waste collection companies. This material will include commingled recyclables (uncontaminated cardboard, ferrous and nonferrous metals, paper and plastic). All activities will be performed in accordance with NYS Department of Environmental Conservations permits and Suffolk County Department of Health approvals, and will occur within the building. The commingled recyclables and MSW will generally arrive at the facility in twenty (20) and thirty (30) cubic yard compactor trucks and various size compactor units transported by roll-off trucks, which will back entirely inside the building on the south side. The activities will include the (1)unloading of the commingled recyclables waste stream and MSW onto the MSW tipping and sorting area; (2)the sorting of the MSW and commingled recyclable waste stream for recyclables (uncontaminated cardboard, ferrous and nonferrous metals, paper and plastic) in the MSW tipping and sorting area; (3)the storage of recovered recyclables into containers in recyclables storage area One; (4) the loading of the containers containing recovered recyclables onto roll-off trucks in recyclables storage area One for transportation to recyclers of that specific recyclable for recycling or reuse; (5) the temporary holding of MSW in the MSW storage area(all materials are shipped out the same day) and (6)the loading of MSW into 100 cubic yard transfer trailers trucks in the loading area for transportation to a permitted disposal facility. The activities, including the unloading, sorting, storage, and loading will be conducted indoors on a reinforced concrete slab within the recycling building located on the site. All material will be removed daily. NOISE CONTROL The noise levels will be controlled by conducting the operations described above entirely within the recycling building located on the site. In addition, it should be noted that the only major noise sources within the facility will be the delivery trucks,the excavator,the front-end loaders, the roll-off trucks, and the transfer trailer trucks. These vehicles will be equipped with mufflers in accordance with motor vehicle regulations. Therefore,the noise generated by this equipment will be similar to the noise levels generated by the truck traffic on the surrounding roadways and considerably less than the noise levels generated by the nearby outdoor composting, land fill and excavator sites. The building and site layout will prevent the noise level generated at the facility from adversely impacting the residential properties located a considerable distance to the West. This is accomplished by placing the truck entry and exit door to the facility on the south side of the building. This will direct any noise generated by the facility towards the 2 • • industrial properties to the south and away from the residential properties to the West. The single door on the east side will limit noise generated easterly. In addition, due to the properties of sound waves that generally require that the receptor be within line of sight of the noise source, the building itself will act as noise barrier for the facility. Also, the buffer plantings that will surround the facility will also act as a noise barrier. Those buffers include a berm and vegetative buffer on the west and south sides of the lot and will ultimately include the vegetative buffer on the north side of Lot 7 (immediately adjacent to the South) when that lot enters site plan review. Further, due to the properties of sound waves, the noise levels generated by the facility will be significantly reduced at the residential receptors due the distance between the facility and the residential receptors (1400 feet to the West, 1500-1600 feet to the Southeast). Therefore,the facility should not have an adverse noise impacts on the surrounding area ODOR CONTROL Offensive odors will be controlled by conducting the waste processing operations within the recycling building located on the site. In addition,the offensive odors will also be controlled by the AiReactor Inc. Fogmaster Mirco-Jet Drum Service Units,the standard New York State Department of Environmental Conservation(NYSDEC) approved odor control methodology, installed at each overhead truck door at the facility. The AiReactor, Inc. Fogmaster Mirco-Jet Drum Service Unit sprays a mixture of water and AiReactor, Inc. OWD Organic Waste and Decomposition Odor Counteractant. This fine mist then mixes with and reacts with the odor causing molecules and destroys the odors. The data provided by AiReactor, Inc for the OWD Organic Waste and Decomposition Odor Counteractant chemicals indicates that the product is non-toxic, non-flammable, completely bio-degradable,and environmental safe. The floor of the facility will be cleared on a regular basis during daily operations in order to remove odor-causing material. No floor drains will be installed per DEC regulations, to avoid groundwater contamination. Therefore, the facility will not have an adverse odor impacts on the surrounding area. OTHER ITEMS: Water will be provided by SCWA. Materials transported to and from the site will be in enclosed trucks or covered with heavy tarps in accordance with DOT requirements. ., • - - _ • MAILING ADDRESS: PLANNING BOARD MEMBERS /�•�,\$0F SOUTy P.O. Box 1179 JERILYN B.WOODHOUSE ; �c ' �� ; Southold, NY 11971 ^,�' Chair 5 il # * % OFFICE LOCATION: KENNETH L. EDWARDS te cn >c t Town Hall Annex MARTIN H. SIDOR O p 54375 State Route 25 GEORGE D.SOLOMON -��y a�,�� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND a COUNT`1�1 ,.d Southold, NY .... v1 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM Date: May 10, 2007 ULkY 1 h 'T. To: Scott Russell, Southold Town Supervisor Southold Town Zoning Board of Appealsv Southold Town Clerk for Southold Town Board Southold Town Board of Trustees Southold Town Solid Waste District Suffolk County Department of Health Services Suffolk County Department of Health Services, Office of Ecology. Kimberly Shaw Suffolk County Water Authority Suffolk County Planning Department Suffolk County Department of Public Works New York State Department of Transportation New York State Department of Agriculture Markets NYSDEC - Stony Brook From: Bruno Semon, Senior Site Plan Reviewer Re: Agency Referral requests required under Southold Town Code Article XXV 280-131 Review Procedure part C the Planning Board refers this site plan for concerns, comments and Jurisdiction requirements if applicable. Dear Reviewer: The site plan status is a New Active Site Plan. Below is site plan application information pertaining to the listed project: Peconic Recycling & Transfer-2 560 Commerce Drive, Cutchogue SCTM#(s) 1000-2-5 Zone: LIO (Light Industrial Office) '15' This site plan is for new construction of a building that includes 32,000 sq. ft. of warehouse space and 2,200 sq. ft. of office space for a transfer station use on a vacant 118,164.2 sq. ft. parcel in the LIO Zone located at the intersection Corporate Road and Commerce Drive in Cutchogue. • • • Peconic Recycling & Transfer Page Two May 10, 2007 Attached is a copy of the site plan application for your review. Thank you in advance. cc: File, attachment, * • .-i1.0e6 r / I-� • Gaa-p (a)l�kR•w 7F 'p.'• •• MAILING ADDRESS: 4. PLANNING BOARD MEMBERS •O *OF S011y P.O. Box 1179 7 JERILYN B.WOODHOUSE ti. °M. l0 ; Southold, NY 11971 Chair ,I(� #; OFFICE LOCATION: KENNETH L. EDWARDS a• • Town Hall Annex MARTIN H. SIDOR -O I% 54375 State Route 25 GEORGE D.SOLOMON O74- i (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND e COMM 4 Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD "" MEMORANDUM 1 ZSRCob3D (fes To: James Dinizio, Chairman, Zoning Board of Appeals • From: Jerilyn B. Woodhouse, Chair Members of the Planning Board Re: Peconic Recycli fer Corp (ZBA File 6030) SCTM#: 10 -95-2-5 Date: May 23, 2007 The Planning Board held a Work Session on April 23, 2007 to review the new site plan application and offers the following comments: This site plan is for new construction of a building that includes 32,000 sq. ft. of warehouse space and 2,210 sq. ft. of office space for a transfer station use on a vacant 118,164.2 sq. ft. parcel in the LIO Zone located at the intersection Corporate Road and Commerce Drive in Cutchogue. 1. The Planning Board received a complete site plan application on April 24, 2007. 2. It is the understanding of the Planning Board that PECONIC RECYCLING AND TRANSFER CORP. (and COMMERCE EAST ONE, LLC by JOHN M. DIVELLO) is requesting Area Variances under Sections 280-59, 280-60A and C, and Bulk Schedule, based on the Building Inspector's amended May 15, 2007 Notice of Disapproval concerning proposed building and fence construction. The Building Inspector states that the new construction will be: (1) less than the code-required minimum 75 feet from the rear property line, (2) less than the required minimum 100 feet from the front lot line adjacent to a right-of-way, (3) greater than the code limitation of 60 linear feet of frontage (width), (4) lot coverage in excess of code limitation of 20 percent of the total lot size, and (5) fence height exceeding code maximum limitation of 61 feet. 3. The Planning Board supports the rear yard and front yard setback variance requests with consideration of the following: • • a. The Planning Board recognizes that the scale and massing of building and intensity of build out for an indoor waste management use is substantial and necessary for the operation and multi-agency compliance for such an use. b. If the variance request is granted; it is recommended that the Board require a landscaped buffer at the maximum width practical for the length of each property line affected by such variance. It is also recommended that the landscaped buffer be comprised of vegetation native to the region. The buffers will mitigate the encroachment of the improvements to the property lines and contribute to the visual screening of the use. 4. The Planning Board supports a greater than 60 linear foot building design and the request for lot coverage in excess of 20 percent of the total lot size with consideration of the following: a. The Transfer Station use is not a permitted use in the Town of Southold Town Code and therefore the code does not address the intensity and/or physical design " requirements necessary for such a use. b. The Planning Board recognizes that indoor waste management uses require large- scale buildings and large supporting/service areas for the proper function of the facility and to mitigate potential adverse environmental impacts (obnoxious odor, noise, visual impacts etc) which may result from the facility. To facilitate the efficient management of waste in an indoor facility, including the interior circulation of vehicles, it is necessary to design the buildings as a continuous structure. 5. The Planning Board supports the variance request for the fence greater than 6.5 feet in height. The additional height will contribute to the effective screening of the use/facility from the adjacent property owners and County Route 48, a designated New York State Scenic Byway located to the south of the property. We hope these comments will be useful to the Zoning Board of Appeals in its review of this permit application. Thank you in advance. Cc: File Scott Russell, Southold Town Supervisor Ms. Linda Cooper, Deputy Town Clerk c/o Town Board Patricia A. Finnegan, Esq., Town Attorney FaoaCk Ae^ 10a IVt MAILING ADDRESS: F PLANNING BOARS) MEMBAD `� c? Y.O. Box 1179 �J$�Kada ouxouSE0/ , S1? SOO4se Southold, NY 11971 U Chair IS IS? 4 OFFICE LOCATION: KENNETH L. Ell WARDS tisTownHall Annex MARTIN H. SIDOR w oe 1 54375 State Route 25 GEORGE D. SOLOMON JOSEPH L.TOWNSEND • 4O 1 (cor. Main Rd. &Youngs Ave.) r ��. Southold, NY 0 d_ s._,., .N� Telephone: 631 765-1938 ` Fax: 631 765-3136 W PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Scott Russell, Supervisor V Members of the Town Board Jerilyn Woodhouse, Chair V ,ej: 5 ^�JT Members of Southold Planning Board � Ruth Oliva Members of Southold Zoning Board of Appeals From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: November 21, 2006 Re: Proposed Site Plan for Peconic Transfer Station SCTM#1000-95-2-7 Zone: LIO This site plan is for new construction of a building that includes 32,000 sq. ft. of warehouse space and 2,210 sq. ft. office space for recycling center use on 154,601 sq. ft. parcel in the LIO Zone located approximately 1,083' n/o Corporate Road on n/e/s/o Commerce Drive in Cutchogue. SCTM#(s) 1000-95.-2-7. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold 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 LWRP provided the following best management practices and conditions are required to further the policies of the LWRP. POLICY STANDARDS Policy I Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. The proposed use is permitted by a special use permit issued by the Town Board under Chapter 211 Salvage Centers. A salvage center is defined as: § 211-1. Definitions. SALVAGE CENTER --Any location where a private collection of items, exclusive of municipal recyclables,is gathered,reused,recycled,reclaimed and processed for eventual disposal off site. P rtis 4111 It is unclear what the term municipal recyclables refers too, it is not defined in the Town of Southold Town Code. A definition should be developed. The ability of the use to enhance community character is subject to the site plan and conditions placed on operations of the Salvage Center if approved. The proposed location will "make efficient use of infrastructure"; the parcel is located close to CR 48 a main highway of the Town. The proposal will not preserve open space. The New York State Department of Environmental Conservation regulates waste transfer facilities under Part 360 Regulations. The proposed facility will be subject to compliance with the State Department of Environmental Conservation's Part 360 Regulations which mandate controls through its permit provisions. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. 3.1 Enhance visual quality and protect scenic resources throughout the Town of Southold. A. Minimize introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character. The property is zoned LIO and the use requires a large building to internally house operations. The proposed building is not discordant with other types and size of buildings within the area used for similar operations and agricultural uses. Utility lines serving the site are proposed to be buried. The proposed fencing includes privacy slats which would provide additional screening of operations from public view. Therefore the proposal furthers this sub-policy to the extent practical for the proposed use. C. Screen components of development which detract from visual quality. The property located to the north is occupied by the Southold Town Landfill, to the west vacant agricultural lands, to the southeast pending commercial uses and to the east Agricultural lands with one single famity residence. The applicant proposes to screen adjacent properties from the proposed physical improvements and operations using a landscaped vegetative buffer of varying widths. The landscape buffer is proposed along the north, south, east and west property boundaries. Therefore the proposal furthers this sub-policy. D. Use appropriate siting, scales, forms, and materials to ensure that structures are compatible with and add interest to existing scenic components. The proposed use is located greater than 1000' from County Road 48 (CR 48) a designated New York Scenic Byway. The parcel is the most northern parcel in the subdivision. There is no ability to increase the distance from the proposed action to the CR 48 within the subdivision. The proposed building scale and materials are consistent with other buildings currently under construction on site and those located to the east and located on the Southold Town Landfill property. Exterior materials and colors of the proposed building are proposed to coordinate with the surrounding buildings within the Industrial Park. J. Protect visual quality associated with public lands, including public transportation routes,public parks and public trust lands and waters. As indicated above, the proposed action is located within the view-shed of CR 48, a designated New York State Scenic Byway. During the creation of the subdivision which created the subject lot, the Planning Board required a 100' vegetative buffer to screen the uses from CR 48. It is recommended that the distance form the roadway, the 100' buffer and proposed on site landscaped buffer will sufficiently screen the propose use from CR 48 to the greatest extent possible and therefore the action meets this sub-policy. Policy 5. Protect and improve water quality and supply in the Town of Southold. 5.5 Protect and conserve the quality and quantity of potable water The proposed action includes a pervious gravel parking area, subsurface drainage system and drnvells to control roof and surface runoff. To further the policy it is recommended that: 1. Require a wash down/cleaning area for trucks and equipment be incorporated within the site plan to prevent contaminants from inadequate treatment and disposal. Disposal of leachate and drainage from any cleaning areas and/or holding tanks must be in compliance with all applicable County, State and Federal regulations. 2. All processing, tipping, sorting, storage, and compaction areas must be located within an enclosed building or covered area 3. Require that a spill response protocol be submitted to the Town. 4. Storage areas and type of equipment to be stored be clearly outlined with areas designed to control and dispose of runoff appropriately. Clearly indicate if dumpsters will be stored on site. 5. All floors and concrete pads on site should be designed to direct runoff to an improved drainage and disposal system approved by the SCDOH. Policy 8 Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. — 8.1 Manage solid waste to protect public health and control pollution. B. Manage solid waste by: I. reducing the amount of solid waste generated, 2. reusing or recycling material, 3. using approved methods endorsed by the NYSDEC to dispose of solid waste that is not otherwise being reused or recycled. C. Prevent the discharge of solid wastes into the environment by using proper handling, management, and transportation practices. D. Operate solid waste management facilities to prevent or reduce water, air, and noise pollution and other conditions harmful to the public health. The following is recommended to further the above sub-policies: 1. Only construction and demolition debris shall be accepted at the facility. No industrial waste, treated or untreated regulated medical waste or treated and destroyed medical waste shall be accepted unless specifically approved by the Town Board. 111111 • 2. The acceptance, storage, processing or transferring of hazardous waste is prohibited without Town Board approval. 3. The facility shall operate only between the hours of sunrise and sunset. 4. The owner/operator of the facility is responsible for the control of litter, insects, odors and vectors. Blowing litter must be confined to solid waste holding and operating areas by fencing or other suitable means. Solid waste must be confined to an area that can be effectively maintained, operated and controlled. Solid waste must not be accepted at a solid waste management facility unless the waste is adequately covered or confined in the vehicle transporting the waste to prevent dust, and blowing litter. 5. The facility must be maintained so as to prevent or control on-site populations of vectors using techniques appropriate for protection of human health and the environment and prevent the facility from being a vector breeding area. 6. Odors must be effectively controlled so that they do not constitute nuisances or hazards to health, safety or property. 7. Noise levels resulting from equipment or operations at the facility must be controlled to prevent transmission of sound levels beyond the property line at locations zoned or otherwise authorized for residential purposes. 8. The application indicates that the facility would permit public use. However, the site plan does not show a public passenger vehicle access or processing area. To further this policy it is recommended that the site be evaluated and designed to avoid commercial and private passenger vehicle conflicts: 8.6 Site solid and hazardous waste facilities to avoid potential degradation of coastal resources. A. Solid and hazardous waste facilities should not be located within the coastal area unless there is a demonstrated need for waterborne transport of waste materials and substances. The proposed action is not located adjacent to a water body and waterborne transport of waste materials is not included within the proposal. Correspondingly the facility is not located within a flood zone. B. If the need for a coastal location is demonstrated, preclude impairment of coastal resources from solid and hazardous waste facilities by siting these facilities so that they are-not located in or would not adversely affect: 1. agricultural lands, The proposed action will result in the net loss of agricultural land/soil within the Town. However, the parcel is zoned LIO and the loss of agricultural lands is attributed to the zoning district and allowable uses. Any improvements would result in the net loss of agricultural land/soils. The proposed use is permitted by a Town Board special permit within the LIO zoning district. 2. natural protective feature areas, There are no protective natural protective features on-site. 3. surface waters,primary water supply, or principal(sole-source) aquifers The subject parcel is not located over a Special Groundwater Protection Area however all best management practices to protect groundwater should be imposed. 4. designated Significant Coastal Fish and Wildlife Habitats, There are no Significant Coastal Fish and Wildlife Habitats on site. S. habitats critical to vulnerable fish and wildlife species, vulnerable plant species, and rare ecological communities, There are no habitats critical to vulnerable fish and wildlife species, vulnerable plant species, and rare ecological communities on site. 6. wetlands. There are no wetlands on site. Please contact me at(631) 765-1938 if you have any questions regarding the above. Cc: Bruno Semon, Senior Site Plan Reviewer nw uA SEE SEC.NC.083 MATCHZ __ - xnR c Z LM oo -- - FOR PCL.AO. 9.2 SEE SEC.NO. 2 d']A ' 0e3-03-0061.1 II TOWN OF SOUTHO-0 1/Y11 [OYFIOHENT 10x11 0' 1.1 FOR PCL.NO. 51.2AIcl SEE SEC.NO. 096-01-OV.SN _ AT _ C9.1 1.81 0 4 H F FOR PCL.NO. SEE SEC.NO. . 10 096-01-002 20.01 i .1 N TOWN OF SOUTHOLD - ! {OEOELOPIEM 01001 6 . 3 2AA W 14.3 x1.11 Cc. or5 2.86 CC TOWN OF SOUTH0.o d 46 oEvn000ENT Rwxrs' e.61.1cl r'6> QO' 4 % a urICFLNE N. AT O TOP OQ 0E'100.1. ELE II 062 13.IAlcl 5] no q 41.81 12 COUNTY Of SUFIOLe N NARr I .-:-. ' x• t 18.158 1.1Ad A+ 6.221A 1c1 omDaP.Exr 011111 pe�a A' a °u 0 11..14 w- O 1Wiro'.0 is t t.z1 y 6sdK1 m. 4 m.n - 10.13 x08.40 1.01 ' 90 N a 19.12 y‘': ' qS b 1.11 F �i.. S 6.31 18.11 ,. p « '9 may. 18.17 g O, t.lA 'X- -a, ,. 1 te.rz " �q s$ • m ' 0"18.46 n o- 11..10 1 19.o TOM 15 10100D-1 77 11.29 A . 1.. z T. 1.1A oii e.ze c033 " o J.1 . r, M Y e 18.22 / 26.0 IB.26 pax .n. • S ,6'c +16.21 P ti 6.25 H0 StIF' ULM 11..]6 i 1.2A16mi 1824 s p0 q 1.01 caT „� (,e• �I. ' b its } . 19.37 F A A H Nx .w. FOR PCL.NO. ® 19 C.NO. SEE SEC.NO. i' 19 8.3IA1 1-14.1 101-01-019.1 2.1Arc1 n 7____ UNE MATCH Z LNC N, ?� x z9E,eoo w ".."' COUNTY OF SUFFOLK © I( TOIN6 SOUTHOLD SECTION NO DTS. NOTICE K 1 ae9 MAINTENANCE,f ANATION.9,LE ON Real Property Tax Service Agency T ,A o,R -- CIJT8Nu1ip1 p 1.N,PONTILf1 Of 11E r? �.A9L s 0 9 5 SUFFOLK corm Tex 15 rs 0TOWPROHIBITED �, County Center AiFEET dl N 1 11901 IA RNYPT V0TTEN*ERIp551N OF TIE SCALE IN FFR: A -WADPROKRTx/Ax MRvicC ACMCY. '� P ion lol FERC'10 1000 PROPEPTv NSD 1 , PROP 15 CHAINVI '. _ ' "a/1%1a /v i i �V ��\ _ ��\ 2B3' ��_� I FENCE OBD / t� 4tr I 46' Rm" 6 ,., .% , \• .e ,may . �� _ _r ,1 ' n K �'' �� _a _ , L1\ -- .��W .--tea - �,,. ,�� L�l-' ® ',( 0 (TYPICAL)PRIVACY SATS A �� I 1v / ,i / 1 INew �/ i r �P Y I IL-1 I/ I ____J v1��1 i I 11 I'•� I i - I I i��nl I I I_I 1 �' ` ` ` `, ` / , �yf.JmulaYri=�Jd�� ' ii ��v li . i i � --III it ii====� I � i II II i iI II I ,/-STS ,� 9 - - II __III I _IL _II f I II I i II ---JI 1 , I %1 s JL L- 11 � I L1 f11f11RE LI.Rp GUf ___ PROPOSm 0' STORAGE FOR APPROXIMATEL`- \} �FqR ACCESS, PL. GURP %O CUMPSTERS as TOI ADJOINING LOT FIRE LANE f l �'u I(Td P) ��` • • •� in 30-,0' � 1 r x Ibd-d' b Igt-6" �, , BOARD OF APPEALS SITE DATA ?ROP05E OYYCLIN6 FPGGITURES, �. ..,AVL7,:(,.,. . ,. ..,,L.....��..:.,,....,,� ...,. a... u.,�.....,..,.....,._�....,, ..._..,,.., PROPOSED 6., /�ILITY � ., ....,...�..,....- I '` I In / FfiONT YARD (I) PL. CURD p OT AREA ,.,\ -PAVEMENT, .., i_-_-- ---"�-_-__`- - p p p 0 , 120,000 SO FT 4 4, .. wow I 1 i;- ". MGR, - (I6' x Ise - = _ - SI_ - - -/ - OSED AL BUILDING COVERAGE A �'` - GK,GO x ��SOL I _ _ I FLOORPROF'05ED BUILDING' 54,210.0 SO FT $ K E Y M P AREA RATIO NOT TO SLAP - FUTURE TRICK Y - %�' ).\ PROPOSED 9IETBAGK53B I/2� 0 & D D TINGPRIS TIPPING G & D DE6RI5 " OIL/WATER WASH PAD w/SEPARATOR / 1 PROPOSED REQUIRED ZONING DATA 5 STORAGE AREA ly 2 AND SORTING AREA UNLOADING AREA 5y5TpH BUILDING (58'-0" X 201-01) (401-61' X 0101—d� (401-d' X bd-d� / N FRONT YARD i(IA 169'_ O" 100,-O" I • AA' M / / \ ' \ FRONT YARD i(2), 60'- 0" 00'-0" SIDE, Bo'- 0 PHYSICAL. LOCATION: / / \ / REAR, q5'_O• y5�_ 0�, COMMERCE DRIVE **. 000000' BAYSHORE, N.Y.CUTCHOSUE, 14Y 11935 / / \ BUILDING HEIGHT I STORY, IBb•/55'b• SPILL �SPONZESS 8 PECONIC ONIC RECYCLINGADR AND TRANSFER G & D OEpR15 RESIDUAL / /N \ \ I BUILDING DIMENSIONS BOO WICKHAM AVEWIE - WASTE STORAGE AREA � se AREA / 200.0' x 160.0' MATTITUGK,NY 11952 (48'-61' X 58'—d') (5'-01' X 5'—en . - • / / % \ I OFF-STREET PARKING DESIGN / I SPACE PER 100 SQUARE FEET OF OFFICE CONTACT PERSON I�, - PROPOSED D91 SQ FT/ 100 • 9 SPACES(LOCKER ROOM REMWrD) ANTHONY DIVELLO / \ I SPACE PER 1000 SQUARE FEET OF WAREHOU9E/9TORA6E 651-298-8880 • (� 16,000 50 FT SQ FT/1000 • 16 SEC(EQUIPMENTRAADINS ZONES REMOVED) >y1 • �• = BUILDING /` TOTAL OF255PACE5PROYIDED/25REQUIRED � ��Pgat�5� / pIJILDIN AREUSE azoir A MSW AND G & P \ dal U' ^ lit,/ `.` .yLPOO �, PEpRIS LOADINS AREA i c / \ \ \ NONE ;..ONE ` 311°,,�,,JJJ��,,,"""ggq... ` : �.' 111111111111II PROP, FFE5L5 (54'-d' X 65'-01) / \ pRAINAGE �GALGULATIONS, LloIVt' ' '��p/ ..tU�om -- •. \ \ \ I Zd-d 'NC-d' sd-d' TOTAL PROPERTY • 120,000.90 FT j, o *t !F _ " / GRAVEL AREA = 64450.11 94 FT TAX MAP INFORMATION V" �✓.9EIIFF��'' 1 ROOF AREA • 94210.0 50 FT LANDSCAPEAREA WITHIN RIGHT OF WAY • 821.09 9SO FT �" " \ D'LANDSCAPED' AREA OUTSIDE OF RIGHT OF WAY v 1,106..5 5Q FT 50T11* 1000 A" MSW RESIDUA_ \I �, C I GU thilosS B ON " INF I I ( WASTE STORAGE AREA > I GRAVEL • 64,950.11 SQ FT x .I66 x I • IOb9B.11 C11 FT REQUIRED _ (48'—d' X 5a'—d� I \\� /� Q ROOF • 94210.0 SQ FT x .166 x I • 5b1896 CU Pr REQUIRED 0 - // . /\ LANDSCAPING = 11,106.15 SQ FT x .166 x 90 = 881.19 CU FT REWIRED / \ UNA1T9GtR17✓FD AND lAZARDOUSREVIEWED PLANS TO BE KEPT WAST X O AREA TOTAL VOLUME TO BE RETAINED • 1125936 0U FT - �� ` R IO'9 x F RING ' 60.9 `�Fr ON JOB SITE AT ALL TIMES ROOP •5(i7BJB6/6896 • 83 LIN FT USE(6) 10'9 x 14'DP POOL.a•96 LIN FT IL (� FLANDSCAPE/GRAVELOL = E v 16,409.0E/6896 v 241.19 LIN F7 USE Qb) 10'9 x Ib'DP DURING CONSTRUCTION FOR _ * L 4 ` POOLS= 256 LIN FT —/ 1^J3NR INSPECTORS' USE J a1 0 I Di 0 Q EY SANITARY CALCULATIONS 4--- .. il'� PROPOSED OFFICE, .06 GPD x 2200 90 FT • 152 GALLONS :." REGYOAdPs MSW TIPPING AND MSW PEPSIS GROVEL �� WAREHOUSE, .04 GPD x 92,000 = 1280 GALLONS 1 STORAGE AREA / 1 SORTING AREA UNLOADING AREA—\\ l�` (38'-0" X UX-d� (4d-d' X 601-d) AREA „ TOTAL, 1,412 GALLONS \/ (401-61 X 601-010 REV151GT! DESCRIPTION ___-PATE----- . \ m3/20/0l I I w-e 5 ' GARDCOAaO ' METALS I LANDSGAPI - — I W-C YARD ,. (I0 x Ifs') ' (I6' x Is 1 / - LUNGi LOCKERS ..• ,•� �� \ �� ii2 �I� AREA: MICHAEL D UNN, R.A a V Z'�d FT ' R ��` REGISTERED ARCHITECT FunTZE cuRp curPROPOSED 'GRAvv i *' PROP. FEE. i PROPOSED 6 1 1981 UNION BLVD BAYSHORE, NY 11706 . ET FUTURE AccOT P.G. GURp (631) 665-9619 FAX 969-0115 TM ADJOINING Lor � AREA �.-.. ... .—_., .,.— -.—... ._,. 413) [9- i9 roifi -. � ar � g-•o" - ' -oge %-dB,-0, B'-d' B-d' B'-dg-d' 5--e1.-e5--eg-0 ; / / © PERMIT ACQUISITION ITERS r Till' /� -0qi / © 1981 UNION BLVD BAYSHORE, NY11706 & 't © (631) 665-9619 FAX 969-0115 / / I / a © *ENVIRONMNETAL COMPLIANCE PETROLEUM SPECIALISTS / / r ' / ©/ / 4,7 . 4117t ., , 1.4 \ ----- *COMMERCIAL SITE PLANNING *PERMIT EXPEDITING 40 40 OtAN �01-rliiiipilliaktrit, � 4 —MT- 1111140 ° Ti L J °396 PECONIC RECYCLING AND TRANSFER t► !� _ � �► !�� _�r► COMMERCE DRIVE CUTCHOGUE, N.Y. 11935 50--01' SIDE YARD 401-01' 4.01--CP / \ SETOACK PROJECT DESCRIPTION: z,J3gEET DESCRIPTION: COMMERCE R NEW 15UILO INCx C SITE PLAN '`d DRIVE EXGIIS INN STONE C"� � authorized alteratio or ,`9`.P' aallltlon to this la Is a - - - vie a Ion of eectlon 209 of it the New York State ducctlot Law. Copes of this Ian not CU Fa T t ekkprorfes[NIT en ineersl nude aal yshall not 7--- / 'N. 4O'14' 501' W ' _/ X Mo- His rE „ -- fS d �I(DfDfD I ro SCALE: AS NOTED (: c 11'1`1`: IAIIhiVi � u $ dD �4SSOc1ATE robOZOt , i_____ PROPOSED SItE PL. 14N ^ 04 �" DRAWN BY: CHKD BY: �11� (�/ - i'_� KZ GUJG SCALE = I " = 20 ' 4 Gj we ol /ell SHEET 0_ II \ J ROOFING MAT TIN_ SNAILr TRIM T Pew rr Q ' 9a 1 P IiIIILILI11J [11111111 4 .,I, '� `%\ 5 KEY Mf4F Ill __ �_ I - NOT TO SGILE .. ... - r .... &RADE — EAST ELEV14t ION ZONING DATA PHYSICAL LOCATION: SCALE = I = ZO ' COMMERCE DRIVE - GUTGHO&UE, NY 11955 SAYSHORE, N.Y. _< OUJNER ADDRESS Orge WICK M h AND TRANSFER MATTITUGK, NY 11952 I i CONTACT PERSON ANTHONY DIVELLO 4 651-296-8566 IR DUMING 51DIN& 2 ZONE LIO TAX MAP INFORMATION SGTMM 1000-96-OI-06 &RADE I I—I I REVIEWED PLANS TO BE KEPT , NORTH ELEVATION ON JOB SITE AT ALL TIMES DURING CONSTRUCTION FOR SCALE = I " = 20 ' INSPECTORS' USE J / 1 REVISION DESCRIPTION DATE ROOFING MATERIAL SMALL 1 I. IeE 6Rff7J r0 COMPLIMENT TRIM AID AGCQJI" 9AAP� 1 MICHAEL DUNN, R.A I _ _ MILANO PAS 1A 1401;12E ESSEX OWEN REGISTERED ARCHITECT ' /� OR 1981 UNION BLVD BAYSHORE, NY 11706 ii (631) 665-9619 FAX 969-0115 �_ sisiz.xzi%s+:_-=_ _r�,`c__ _ mac•- GRADE FAIR( O.MATS GFEJ IN 9 3Z. 4 A N £4J4JOvazt'r w yr MIMI' T GFFI FEAR FEAD YEI6MT A7 Ai-TCE, TYP 7 PL(5 PERMIT ACQUISITION AND EXPEDITERS WEST E L E V 14 T I O N 1981 UNION BLVD BAYSHORE, NY 11706 SCALE = --= � ' (631) 665-9619 FAX 969-0115 *ENVIRONMENTAL COMPLIANCE *PETROLEUM SPECIALISTS pt PIN& WINE; SMALL DE *COMMERCIAL SITE PLANNING *PERMIT EXPEDITING DENJMAIN MOORE PLIC GRAY (TAN) OR EQUAL PECONIC RECYCLING AND TRANSFER I COMMERCE DRIVE CUTCHOGUE, N.Y. 11935 PAINTED PAM (TpENAMIN MOORE E5ra &BEEN OR EQUAL) PROJECT DESCRIPTION: SHEET DESCRIPTION: I NEW BUILDING ELEVATIONS IR 4 _ - _ OLIILDINO 5TEE1 SCO DIN& D I a t o o h{Letawtlo s c 1 2 \ the New 14ork St ee E 09ef IIII IIII III IIII e, viola Ion f prole n logs of LLyyaw�. Cop es of giIs plan not d3 enginlell tideTOP;sea lseoll not el be a vc�l true el —96 :..-;::::f_.==, ____ s_- _ 0 MAP &RIDE 1 I - s _ - _._ .. .:C _ '.t . %, -cr.7: P III- BRICK VEMmx \ \ ,`,�r 'J,' y S0� AS NOTED 6 A Iy1''1 ' ' - ` ASSOCIATE 050201 SOUTH ELEVATION fey , GWG - ,> I; CHKD BY: SGALE = I " = 20 . ti DATE: SHEET 03/01/01 DWG.4: 20F2 J • BOARD MEMBERS ��'' Southold Town Hall Lesl Kanes Weisman,Chairperson ��4 ®SOti153095 Main Road•P.O.Box 1179 AG !® Southold,NY 11971-0959 Eric Dantes .� Office Location: Gerard P.Goehringer y Town Annex/First Floor,Capital One Bank George Horning Q fA 54375 Main Road(at Youngs Avenue) Kenneth Schneider =C't00 � 'X10 Southold,NY 11971 •S. .iii http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 June 19,2014 Jon DiVello Peconic Recycling&Transfer P.O. Box 1402 Mattituck,NY 11952 RE: Peconic Recycling, ZBA File#6030 Dear yr. DiVello: I have reviewed your letter dated June 17,2014, and the drawings that you submitted with your request for a de minimus determination in the above referenced ZBA decision,for a proposed 19 ft. x 25 ft. one story addition with garage doors to the building shown on the site plan last revised June 5, 2014 by DAA, architects, for Peconic Recycling. Since you are not proposing any new nonconformity, I have determined that your requested modification is de minimus in nature.Please also note that the applicant must comply with Chapter 236 of the Town's drainage code. I will instruct the office to send a copy of this letter and your request to the Building Department so that you can apply for a building permit. If you have any questions,please call the office. Si ly, EP /,/ / / 420,,,.„4„, Leslie Kanes Weisman Chairperson/Dept. Head CC: Michael Verity, Chief Building Inspector CO r- DAA :: , DiGiovanni & Associates _ PECONIC RECYCLING Architects 26 preston avenue sea cliff,ny 11579 III _ ■ (516)671-3624 • fax(516)759-7138 560 Commerce Drive Cutchogue, New York ISSUED N 49.12'30'E \ 33654' r _ 41 1 W... . a z e / j ''ntan LOCATION OPROPOSED /I "3� •• ASPHALT ,„ ,.,, F� ;T(( _V� SURFAC� ' i\�1b��11 ED ..,E,,, F N. u ;�� 3 JUN 172014 \sem r m�a°° -,�:�,,tl��s�' :, , oA '...ciBOARD®P APPEALS : '�'�r�r!�r� ' • LOCATION PLANW I 1,,:,: NTS k f' �31 V`,I V1 Vli r1S ..„ F �:'�, 45'-O”R Y 3 0 I .,y : :& ; :1: 1 iiiIGlassiflclD Industrial Group 5-1 y 6ow 66'-5'F Y / 7 6 j I13'-6' Cheater 5-General Building Height s Areas SEE DECISION 503 General Height a Area limitations Q 1 Table Allowable height 4 buildingareas �� " /N 503 Type:25=15,,500 sf and stories / Iq'_D" 506 Area Medication DATED / f 0 Wit; 506 3 1 Story SPRINKLERED 13L06=300%Increase 15,500(3)=45,500 �� •• /PROPOSED Max building area=34,205 sF and I sty ASPHALT 34205<46,500-Therefore OK -` SURFACE Chapter 6-Typry es of Gonstctlon 602.2 Type 14 II-Non-Combustible O = Table 601 Fire Resistance Ratings 00 00 S^=! Type 115-0 hour rating For all components 00 Table 602 Fire Resistance rating for exterior walls based on Fire separation distance ' Type IIB construction greater than 10'separation and less than 30'=0 hour rating required far F-1 occupancy w I LL c, 30'-0-minimum separation provided,Therefore OK 3 QI QI 6-5-2014 ADDED I STORY ADDITION p O Ghaptcr 1-Fire Resistance Rated Construction a d m PROPOSED 6"51511 . 104 Exterior walls 1r REVISIONS CONCRETEZDRb table 104.6Allawable area of openings shall not exceed values per O (TYPICAL) s. Table FIre Separation Distance=Greater than 5'to 10' TWEE PLASS ARE Ax%TRA41T Cf MIME Nm ARE 1TE �Ot 000 ( 104.5 Footnote g-buildings whose exterior walls are not required to be fire PROPERTY OF THE MOVED Pf1055445 Miff Y i i resistance rating shall be permitted to have unlimited unprotected openings FAOEECUTED h I } 50'-0"min separation-Table 602 required no rating therefore unlimited .a -3 unprotected openings permitted and provided CORIRAGTORSRN.L VERNY All FIELD 10011135 AND 3 0:::0 • i' • A 106 Fire Barriers-used For separation of single occupancy Into fire areas DUEKr'0SH05191PERE9'00E.EFORFELD FIT 00 • _ • a- Ions of Occupancies NO WARM OF NOW.%)ALLOPIN CE`uINLL 6E WDE . •;:�..,i" _,+G:.:+ .. • - „D 0 ;' &ATE N5.5ER 2 $� :::K:i?e::YOGes»i±�i±'.'ivQ o2 Required pato eupa ON TIE�ilALf of rIE LOMWGTORfQt AM'ERRaR OR .p C7- ;,.•s:f•±;1: ."i' .3-;•"'s•" „'+UGSL"a±".v_;±:_±, ,= 3siCt(:+±.t:�CaCi::Is:J,A..':r„:i?±"5,... Vole 3023 F-1 to 6=3 hn �� O O O --- -- '1(4.50_•-o•WIDE SLIDING O / - ry 3022 Accessory Use Areas shall not be regal to be separated by fere barrier REELECT ON NS PART 3 �•� /�'---� -�N if accessory does not exceed 10% x'0,4,,0 00 �`I-- �U� r.� r� = GATE) 00 /� � m 32,000 sf(O 101 a 3200 pp.- 5 49.12'30`Pr\� \IT \l/A7 a l\ O O 1 -20.24' 2,205<3,200 therefore OK Chapter 9-Fire Protections Systems O� �O 900323 Sprinkler Systems rSystems PRecyclineconicg Required a fire area exceeds 12,000 sF CORPORATE R 0 A 0 AREA OF SITE L20,000 Provided BLD&FOOTPRINT=34615 Oapter 10-Means of Egress 560 Commerce Drive %OF LOT COVERAGE=269% Table Maximum Floor Area Allowance per Occupant i:„.... 1003222 500 sF/occupant-WarehouseCutehogue,NY 100 sf/occupant-Business areas TooleEgresswidth100323 02"/occupant-ro 3'-0”door•ISO occupantsSITE Actual pereaper V-0"door=13 13<160 Therefore OK \ / 10151 250•max travel distance with a sprinkler system PLAN Actual max bevel distance=125',Therefore OK Dead ends-20'maximum If more than one exit 15 required No Dead Ends Comdors Therefore OK IIN2013 A-1 0 SITE PLAN PATE O AS NOTED I" = 30'-O" I OF B ox....e. J5 e eckso e. pp Peconic Recycling and Transfer Corp. 03C� Zoning Board RECEIVED 54375 Main Rd JUN 17 2014 P.O. BOX 1179 BOARD OF APPEALS Southold NY 11971 To Whom It May Concern: It has come to our attention that it would be a substantial improvement to our operation to add an enclosed truck entrance on the southwest corner of the building. This enclosed entrance would give us the ability to back tractor trailers completely inside the building and close the doors. This minimal addition to the site would simply help us to enhance our operation. In addition,we will be acquiring and merging the adjacent lot. Since we are under construction and near completion we are suggesting that this addition to the plan be considered de minimis. 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IIMMEMMIIMIIP '.111 Ri 111, 13-13t1 0 a — - - — ...mmumima, wormaiable.lam � 1 G y5i1116f 11. o III 0 o- I I SSR[[ I III I I I I I I : or.: © III tat !pill I I I i i . RECEIVED lluI/ IJi11111i JUN 1 7 2014 01+O — _ - ---1 .-..3,744. , — — — - - 8: 1 ..'I I rt I r - --- � I � - Upaon NOM o _—_ _ I I I -— - =T ----_—-o - __ - o - o_ o4I Peconic Kffa 'OMAR/4.,CA m u��i .. Recycling e.a , ..,. ��i�utrr��ti� tsTit� t�fY g M. ..r;;"°"^" ��-� S60 Commerce Dnve Cmchugue,NY Ist FLOOR L. © PLANS FIRST FLOOR PLAN Cr HL L - - - , OF n Office Location: N. - n ®��\ Mailing Address: Town Annex/First Floor,North Fork Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) Prl�� P.O.Box 1179 Southold,NY 11971 ®�of Southold,NY 11971-0959 iNgs ��... ._S http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631) 765-9064 June 19, 2007 By Regular Mail and Fax Transmission Abigail A. Wickham, Esq. Wickham Bressler Gordon & Geasa PC 13015 Main Road P.O. Box 1424 Mattituck, NY 11952 Re: ZBA File # 6030 — Peconic Recycling and Transfer Corp., Commerce East One Dear Ms. Wickham: Please find enclosed a copy of the variance determination with conditions, rendered by the Board of Appeals at its June 14, 2007 Meeting. A copy was also forwarded to both the Planning Board and Building Inspector Offices today for the next review step. Thank you. Very truly yours, Linda Kowalski• Encl. LAW OFFICES WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD, P O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A. WICKHAMSUITE 111 LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 May 22, 2007°'`'' '.v i, MAY 2 3 2007 Z".P3D #1410 Town of Southold Zoning Board of Appeals 7.04'' r^ �, 53095 Main Road, Post Office Box 1179 Southold,New York 11971 Re: Property owned by Commerce One,LLC Peconic Recycling &Transfer, Inc. - tenant 560 Commerce Drive, Cutchogue, New York SCTM# 100 9 2-5 Ladies and Gentlemen' Enclosed are seven sets of the revised site plan. The elevations, which have not changed, are on the back. Very truly yours, ii jabhic,,,_____ Abigail A. Wickham Zba/ltr AA I J'/d,n 05115/2007 08:29 6317659064 ZBA PAGE 01 .19 r � . , 2_/71:: ;: k S-6 C -- FORM NO. 3 w Z4l '" 1; [CE OF DISAPPROVAL DATE: March 22, 2007 AMENDED: May 15,2007 TO: , Peconic Recycling and Transfer 1981 Union Blvd. Bay Shore,NY 11706 Please take notice that your application dated March 22,2007 For permit for construction of a recycling and transfer center at Location of property: Commerce Drive, Cutchogue County Tax Map No. 1000- Section 95 Block 2 Lot 5 Is returned Herewith and disapproved on the following gr ds: The proposed constructi on, on this.confornaing 115.164 square foot property in the LIQ_Zo_ne,_is_not permitted pursuant to Article XIV, Section 280-58,which states. "In the LIO District no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged intended or designed to be used, in whole or in part. for any pur me except the following:" Theproposed transfer station is not a ermitted use. In addition, the proposed construction is notpe niittedpursuant to Article XIV, Section 280-59,which states. "No buildin or remises shall be used and no buildin or art thereof shall be erected or altered in the ILO Li t Industrial Park/PlannedOffice Park District unless the same conforms to the Bulk Schedule and Parkins and Loading Schedules inco •orated into this chaster b reference, with the same force and effect as if such re, lations were set forth herein in fill." 13u1k_schedule reaaitea a minimum rear yard setback of 75 feet and a maximum lot coverage of20 percent. Followin, the ro osed construct'on the new buildingwill be setback 45 feet from the rear ro ert line and total lot covers a of 29 ercent. Tn addition, the proposed..construction_is not permitted pursuant to Article XIV, Section 280-60A., which states. A. Structures shall be set back at least 100 feet from the right-of-way..."and "C. A project shall be divided,into separate structures so that no single structure shalt have more than 60 linear ccs of fronts eon ogee treet." P1 05115/2907 08:29 6317659964 ZBA PAGE 02 B • The new construction notes 200 feet of linear frontal a and front and setbacks of+1- 90 feet and+/- 60 feet. The proposed fence is also not permitted pursuant to Article XIII, Section 280-105 A&B,.which states, "...When located in the front and of nonresidential zones the same shall not exceed six feet in height.," and "When located in or along side and rear yards,the same shall not exceed 6112 feet in height." ^ The proposed fence height is 8 feet. In addition, site plan approval will be required from the Southold Town Planning Board. This Notice ofDisauproval was amended on 1VIav 15,2007 to address fence height and lot coverage. Damon Rallis, Permitx er Note to Applicant: Any change or deviation to the above referenced application,may require further review by the Southold Town Building Department. CC: file,ZBA, Planning Board U lir- F----awl ;1 -E= At ivic-w , a;r v ___ oniv V _ _<�� - M IFOr 'tgcl+,_ iSr i Ir-- i4 ry: A. 1 ,Frif t„,- / f. w r 11 j • 1 • ,..v - _ _ • +4_CD lti1C� 2G I CL l` CA-C-11)0 v 1, LAW OFFICES WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL 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 TELEFAX NO.631-249-9484 May 21, 2007 Town of Southold Zoning Board of Appeals ;-r-4 53095 Main Road, Post Office Box 1179 WiAY 2, , s°7 Southold,New York 11971 Co 03 © Re: Property owned by Commerce One,LLC Peconic Recycling&Transfer,Inc. - tenant 560 Commerce Drive, Cutchogue,New York SCTM# 1000-9-2-5 Ladies and Gentlemen: We enclose an amended application for variance which includes the two additional variances for lot coverage and height of fence. The architect is revising the map to determine precise lot coverage, which will be greater than the 20% limitation,but less than the 29% currently shown on the map. Those computations will be sent shortly. Very tr y yours, - Abigail A. Wickham Zba/ltrvarappprc encl AAW/dm r 1L1 '� /1 r TOWN OF S k,UTHOLD PLANNING „:._, 4,----- - • ' > .,.� 4 SITE PLAN APPLICATION a,1( ---:,: ._ TM £. ; SECTION A: Site Plan Name and Location �' =--- -F --� F 1111 ,) Application Date: ' / ?./ / 2007 j . APR 2 4 2007 1A Site Plan Name: Peconic Recycling & Transfer Corp. - ._._.- ,__ ,--- --- _ __.._1 Suffolk County Tax Map #1000- 95 - 2 - 5 yy( 1,---- -,,, rx+YA1.NanMM43041»«:3f...,,,i-.. a.v.urr...nLL'. aRLHl1.1%,,V tMi4.,' Other SCTM#s: Street Address: 560 Commerce Drive Hamlet: Cutchogue Distance to nearest intersection: Type of Site Plan: * New * Amended Residential If Amended, last approval date: / / *revision from tax lot 7 application SECTION B: Owners/Agent Contact Information Please list name, mailing address, and phone number for the people below• Property Owner Commerce East One, LLC Street P.O. Box 1402 City Mattituck State NY Zip 11952 Home Telephone Other 298-8888 Applicant Peconic Recycling & Transfer Corp. Street P.O. Box 1402 City Mattituck State NY Zip 11952 Home Telephone Other 298-8888 Applicant's Agent or Representative: ContactPerson(s)* Abigail A. Wickham, Esq. , Wickham, Bressler, Gordon & Geasa, P.C. Street 13015 Main Road, P.O. Box 1424 City Mattituck State NY Zip 11952 Office Telephone 298-8353 Other Fax: 298-8565 *Unless otherwise requested, correspondence will be sent only to the contact person noted here. Page 1 of 2 10/05/05 SECTION C: Site Data Proposed construction type: X New Modification of Existing Structure Agricultural Change of use Property total acreage or square footage: 120,000 ac./sic ft. Site Plan build-out acreage or square footage: 38,190 ac./sq. ft. Is there an existing or proposed Sale of Development Rights on the property? Yes No x If yes, explain: Property Zoning District(s): LI0 Building Department Notice of Disapproval Date: 3 / 22 / 07 Is an application to the Southold Town Zoning Board of Appeals required? Yes x No If yes, have you submitted an application to the ZBA? Yes x No If yes, attach a copy of the application packet. Show all uses proposed and existing. Indicate which building will have which use. If more then one use is proposed per building, indicate square footage of floor area per use. List all existing property uses: vacant List all proposed property uses: recycling & transfer station Other accessory uses: Existing lot coverage: 0 % Proposed lot coverage: 29 % Gross floor area of existing structure(s): 0 sq. ft. Gross floor area of proposed structure(s): 34,210 Parking Space Data: #of existing spaces: 0 #of proposed spaces: 25 Loading Berth: Yes x No Landscaping Details: Existing landscape coverage: % Proposed landscape coverage: Waterfront Data: Is this property within 500" of a wetland area? Yes No x If yes explain: I,the undersigned, certify that all the above informati n is true. Signature of Preparers r ate: c-( \a3 \07 Page 2 of 2 10/05/05 LAW OFFICES WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL 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 TELEFAX NO.631-249-9484 April 10, 2007 Town of Southold Zoning Board of Appeals I APR 1 0 2007 53095 Main Road, Post Office Box 1179 Southold,New York 119710 c�,P3G11r� PPEALs Re: Property owned by Commerce East One,LLC Peconic Recycling &Transfer Corp. - tenant 560 Commerce Drive, Cutchogue,New York SCTM# 1000-95-2-5 Ladies and Gentlemen: Project History: The DiVello family has for some time been pursuing an application for a recycling and transfer station on the property they own at North Fork Industrial Park. The proposed facility will accommodate the Mattituck Sanitation business, whose trucks currently pick up locally and drive to recycling and transfer stations further West. This facility will allow recyclables to be pulled from the waste stream and recycled, and the remaining-garbage to be placed on larger trucks for transport out of Town,thereby reducing net truck traffic locally. The application,which has progressed through significant stages at the Planning Board, including approval of the building by the Architectural Review Board, is for a completely enclosed building to house the recycling and transfer of construction and demolition debris and solid waste. The facility was to be located on Lot 8, the largest and most northerly lot in the subdivision, without necessity for variance. At the request of the Town Board, in conjunction with the application for a salvage center permit,the applicant has relocated the proposal to Lot 6,to keep the project more central to the industrial subdivision. Lot 6, however, is a smaller lot and is a corner lot. This has resulted in the need for the variances requested in this application. Ownership: The property is owned by Commerce East One, LLC,whose sole member is John M. DiVello. The property is leased to Peconic Recycling& Transfer Corp., whose shareholders are his sons, Vito, John A., and Anthony DiVello, or trusts for their benefit. Peconic Recycling will operate the facility pursuant to permits from Southold Town,NY DEC, and Suffolk County Dept. of Health Services. Usage: The notice of disapproval includes a statement that the proposed use is not permitted in the LIO zone. While the applicant disagrees with this determination, the Town Board is currently considering legislation to specifically allow the use by special permit. This application,therefore, addresses only the area variances, and does not request a use variance at this time,pending the Town's consideration of the new legislation. The applicant reserves the right to request an interpretation or use variance if the Town does not pass such legislation. Accordingly, we enclose the following papers, in seven sets, in connection with the Notice of Disapproval dated March 22, 2007: -- -a 1. Copy of Notice of Disapproval; ' 2. Application to Southold Town Board of Appeals; APR 1 0 2007 3. Description of operations; 4. Short Environmental Assessment Form; O'!iNo r,7r,,i 5. Questionnaire for Filing ZBA Application; 6. Transactional Disclosure Form; 7. Project Description; 8. Survey (filed map); 9. Site Plan of the property prepared by Michael Dunn, R.A.; 10. Building Plans of project area prepared by Michael Dunn, R.A.; 11. Appeal fee of$600; 12. Copy of the tax map and Assessors Card; 13. Copy of Deed to the premises; 14. LWRP Form; 15. Receipt from Building Department(original set only). Very truly yours, Aactv Zba/shdzbaap Abi.;.it A. Wickham encl AAW/al APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS (-11101 For Office Use Only Fee: $ t7®, Filed By: t c k vt 45ii Date Assigned : ,e. '°—5 it. � Office Notes: a 6— 6 Parcel House No.Not Assigned Street Commerce Drive Hamlet Cutchogue SCTM 1000 Section 95.00 Block 2 Lot(s) 5 Lot Size 120,000 Zone District L I O I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDIN ECTOR DATED:_ March 22,2007 tr- f&i. S.( L®01 6144.•_ ti` b ' t> Applicant/Owner(s): PECONIC RECYCLING&TRANSFER CORP. 0t�®� Lam'�/ Mailing '- �i1aaVLl is Address: 800 Wickham Ave.,P.O.Box 1402,Mattituck,NY 11952 Telephone: 631-298-8888 7 ,_ NOTE In addition to the above please complete below if application is signed by applicant's attorney,agent,architect,builder,' '',;) -7 contract vendee,etc and name of person who agent represents l PR il1l ® I Authorized Representative: Glenn Graham for(X)Owner,or( )Other: 2007 Address: 1981 Union Blvd.,Bay Shore,NY 11706 —'-- t- S Telephone: 631-665-9619 Please check box to specify who you wish correspondence to be mailed to,from the above names: X Applicant/Owner(s) ❑ Authorized Representative ❑Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED: 3/22/2007 FOR: Building Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change of Use ❑Permit for As-Built Construction ❑Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section,Subsection of Zoning e S -Of, Ordinance by numbers. Do not quote code. °.4� Article XIV Section 280- 59&60A&C Subsection Type of Appeal. An Appeal is made for: 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. J 0 Interpretation of Town Code,Article Section 0 Reversal or Other A prior appeal❑hasR'has not been made with respect to this property UNDER Appeal No. Year . (Please be sure to research before completing this question or call our office to assist you.) Addendum to Variance Application of Peconic Recycling&Transfer, Inc. T Part A—Area Variance Reasons APR w ® 2007 (1)No undesirable change in character of neighborhood or detriment to nearby,. C?) bd properties. em _ OF py The property is zoned LIO, and this property is surrounded on all sides by LIO property. The corner lot location close to the entry way to the subdivision will minimize truck traffic on the subdivision roads. The Town's composting facility, immediately to the East, generates considerably more noise, odor, and traffic than this facility will. The building will be completely enclosed, so no debris will be outside the building. The daily operations of the facility, including daily removal of materials, and noise and odor abatement, are described in the attached description of operations. The closest residential areas are located feet to the West(Oregon View Estates) and feet the Southeast(Church Lane area), on the far side of the Town's composting facility. The nearest residence, Goodwin, on Depot Lane, is in an LIO zone, and in any event will be considerably farther from the proposed facility than the former proposal on Lot 8. The front yard setback reduction will not impact the neighborhood because the largest area of intrusion is a smaller, one story protusion from the larger building, and the front yard will be heavily screened. The other front yard, on the South, is almost double the minimum front yard requirement, and if averaged,the front yards are close to compliance. The front yard setback of the larger structure is relatively minimal. The rear yard setback reduction will not impact the neighborhood because the building backs up to the Town's recycling pit, where the grade drops off sharply. The extended length of the building along Commerce Drive will not impact the neighborhood because that side of the building has a one story protrusion that breaks up the visual impact. The objective of the legislation,to avoid a strip shopping center appearance or a big box, is not violated by this building. Moreover, it is a considerable hardship in an LIO zone corner lot to require a minimum of 120,000 square feet of lot area and restrict building length. The cost of building two conforming buildings is prohibitive and the proposed recycling and transfer operation cannot be conducted in two buildings on this lot. (2) No other feasible method available to applicant. The applicant reduced the size of the proposed building to avoid the necessity for variances when the proposal was sited on Lot 8. In order to run an efficient and workable operation, no further reductions are possible. The large front yard setback on , the south side is required for the scales and the manuvering of the trucks, which back in to the bays. The east/west length of the building is required to accommodate the number of bays needed, and depth is required to house the unloading, separating, and reloading functions. The one story office area must be located within site of the scales to monitor the weighing of the trucks entering and leaving. (3) Relief not substantial. The front yard reduction, while significant, is balanced by the excessively large front yard on the South side. The rear yard reduction is not significant because it is in an area which is not visible against the composting pit. The building length variance is not significant because the shape of the building on the west side alters the appearance of the buildings as excessively long. (4)No adverse effect on physical or environmental neighborhood conditions. Noise and odor concerns are addressed in the Description of Operations attached. Traffic will consist of carting trucks currently using the local highways, and by consolidating the disposal material, fewer trucks will be needed. Since the road intersects the Town facility, consideration is being given to extending that road directly to the subdivision to allow internal traffic circulation to the Town recycling facility. The facility contains no floor drains, and will have all required DEC and Health Department permits, which fully address environmental concerns. (5) Variance not self-created. This application is made because of the relocation of the proposed facility to a smaller, corner lot. (6) Additional information. Addressed above. Re/prc/addzba Page 2 of 3—Appeal Application Part A: AREA VARIANCE REASONS(attach extra sheet as needed): See attached Schedule with detailed explanation (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties,if granted,because: LIO district and subdivision was created for this use and similar uses. Subject parcel is adjacent to Town of Southold Recycling Facility. (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: The Town Board requested relocation of this facility to this lot. (3)The amount of relief requested is not substantial because: The rear yard setback is against the Town composting/recycling facility. The front yard setback primarily is a small portion of the building. (4)The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: It is in keeping with the nature and character of the surrounding uses. (5). Has the variance been self created? ( )Yes or (X) No. This is the MINIMUM that is necessary and adequate,and at the same time preserves and protects the character of the neighborhood and the health,safety and welfare of the community. Check this box( ) IF A USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) 1 Signature of Appellant or Authorized Agent (Agent must submit Authorization from Owner) Swor, o befo e me this 9' d.if f AI il,2007. 'e " - Notary Public ZBA/varprt DONNA McGAHAN Notary Public, State of New York No. 01 MC4851459 Qualified In Suffolk Commission Expires Aug. County Commission 2-0/0 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes WNo B. Are there any proposals to change or alter land contours? ❑No ,> Yes, please explain on attached sheet. Minor grading for parking drainage C. 1) Are there areas that contain sand or wetland grasses?NO 2) Are these areas shown on the map submitted with this application? N/A 3) Is the property bulkheaded between the wetlands area and the upland building area? N/A 4) If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? N/A Please confirm status of you inquiry or application with the Trustees: and, if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A 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? YES If yes,please label the proximity of your lands on your map with this application.Lots 7 & 8, adjacent to North(TM Lot#'s 6 &7) H. Please list present use or operations conducted at this parcel VACANT and oposed se TRANSFER&RECYCLING. Authorized Signature and Date Z � p � APPLICANT TRANSACTIONAL DISCLOSURE FORM 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. YOUR NAME: PECONIC RECYCLING&TRANSFER CORP. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company. If so,indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply) Tax Grievance Variance X_ Change of ZoneAP 1 y Approval of Plat R 1 0 2007 J Exemption from Plat Or Official Map .; Other C,,T If"Other", Name 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"included 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 that 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 relation ship between yourself(the applicant)and the Town officer or employee. Either check the appropriate line A through D(below)and/or described 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 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 or the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this d of ., Signature: s .. . 7� 617.21 Appendix C in State Environmental Quality Review SHORT ENVIRONMENTAL ASSESMENT FORM 4 r R 1 ® 2007 For UNLISTED ACTIONS Only PART I—Project Information(To be complete by Applicant or Project sponsor) l a 1. Annlicant/Snonsor 2.Proiect Name �— - - GRAHAM ASSOCIATES PECONIC RECYCLING&TRANSFER 3.Project location: Municipality County SOUTHOLD SUFFOLK 4. Precise location(Street address and road intersections,prominent landmarks,etc.or provide map) COMMERCE DRIVE,CUTCHOGUE Cutchogue,New York 11935 1000-95-2-5 5. Is proposed action: (X)NEW ( ) EXPANSION ()MODIFICATION/ALTERATION 6. Describe project briefly 38,190 SQUARE FEET RECYCLING& TRANSFER FACILITY 7. Amount of land affected Initially: 2.95 Ultimately: 2.95 acres: 8.Will proposed action comply with existing or other existing land use restrictions:( )YES (X)NO If no,describe briefly: MINOR SETBACK VARIANCES REQUESTED 9.What is present land use in vicinity of project:(describe):PLANNED INDUSTRIAL PARK ( )Residential ( )Industrial (X)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,Local)? (X)YES ( )NO If Yes,list agency(s)and permit/approvals: DEC,SCDHS,Southold Town ZBA,Planning Rnarri,&Tnwn Rnarrl 11. Does any aspect of the action have a currently valid permit or approval? ( )YES (X)NO If Yes,list agency(s)and permit/approvals. 12.As a result of proposed action,will existing permit/approval require modification? ( )YES (X)NO If Yes, list agency(s)and permit/approvals: I certify that the information provided above is true to the besttoo my knowledge Applicant/Sponsor Name: Date: Signature: GA If the action is in the Coastal Area, and you are a state agency, complete Coastal Assessment Form before proceeding with this assessment Ft NO.3 4--- , -ti NOTICE OF DISAPPROVAL DATE:March , 007 ) �` TO: Peconic Recycling and Transfer A ,,f 1981 Union Blvd. Jb1 ' :, � -r I J �� Please take notice that your application dated March 22,2007 For permit for construction of a recycling and transfer center at - -- r,611:::`71,-j:,7.7, 7--777,--7;-,..._ Location of property: Commerce Drive,Cutchogue APR A 0 2007 / ' County Tax Map No.1000-Section 95 Block 2 Lot 5 I- ��. 1 Is returned herewith and disapproved on the following grounds: > .�-:� The proposed constriction,on this conforming 118,164 square foot property in the LIO Zone,is not permitted pursuant to Article XIV,Section 280-58,which states. "In the LIO District.,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged,intended or designed to be used,in whole or in . part, for any purpose except the following:" The proposed transfer station is not a permitted use. /�� /ln addition,the proposed construction is not permitted pursuant to Article XIV.Section 280-59.which sttes. lip € _ "No building or premises shall be used and no building or part thereof shall be erected or altered in the,LlO Light Industrial Park/Planned Office Park District unless the same conforms Jto 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." Bulk schedule requires a minimum rear yard setback of 75 feet.Following the proposed construction, the new building will be setback 45 feet from the rear property line. ,i, In addition,the proposed construction is not permitted pursuant to Article XiV,Section 28�A„ ,' / which states, "A.Structures shall be set back at least 100 feet from the right-of-way..."and"C.A project shall he divided into separate structures so that no single structure shall have more than 60 linear feet of frontage on one street." ____\ ... ---- The new construction notes 200 feet of linear frontage and front yard setbacks of+1-90 feet and+/- 60 feet In addition,site plan approval willhe required from the Southold Town Planning Board. J-- am s,Perms E cr I Note to Applicant:Any change or deviation to the above referenced application,may require further review by the Southold Toiwn Building Department. CC:file,ZBA,Planning Board LAW OFFICES WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD, P O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL 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 TELEFAX NO.631-249-9484 May 8, 2007 g) AAAA �: ?f`r.i'_ J Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 f },�,. /�L S, AltSouthold New York 11971 G: 0 cip'Z Re: Property owned by Commerce One, LLC Peconic Recycling&Transfer,Inc. -tenant 560 Commerce Drive, Cutchogue,New York SCTM# 1000-9-2-5 (0030 Ladies and Gentlemen: Enclosed are seven sets of the Project Description and attachments. Very t ly yours, cifittit Abigail A. Wickham Zba/ltr AAW/dm • i APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Peconic Recycling & Transfer Corp. Date Prepared: yo I.For Demolition of Existing Building Areas — 4 y 9 6 Please describe areas being removed: N/A ,, 200? 463.6 APprz H. New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 200 x 160 Main Building; 30 x 73.8 Office Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): 35' Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: C) III. Proposed Construction Description(Alterations or Structural Changes) (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: —0— Proposed increase of building coverage: 29% Square footage of your lot: 118,164.2 Percentage of coverage of your lot by building area: 29% V. Purpose of New Construction: Construction of indoor recycling & tran.fPr station. VI. Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Flat, clear Please submit seven(7)photos,labeled to show different angles of yard areas after staking corners for new construction),and photos of building area to be altered with yard view. 7/2002;2/2005; 1/2007 See attached Description of Variances Requested. / ) < y Peconic Recycling and Transfer Station Appeal#6030 Description of Variances Requested: 1. Front Yard Setback, West side (Commerce Drive) for second front yard (corner lot) Required: 100 feet ' ` =';t,4 "`�1 Proposed: One story office extension: 60 feet Main Building: 90 feet MAY 907 2. Rear Yard Setback,East Side Town Compost Facility) zop.si �b EALs Required: 75 feet Proposed: 45 feet Other setbacks, which conform: Front Yard, South Side (Corporate Road) : 163 feet Side Yard,North Side (adjoining Lot 7): 30 feet 3..Building Length: South Side (Corporate Road): 200 feet length West Side (Commerce Drive): 160 feet length One story office extension: 73.67 feet length Main Building,North of office: 76.33 feet length Main Building, South of office: 10 feet length 4. Other Pertinent details: Building size: Main 200 x 160=32,000 s.f. Office 30 x 73.67=2,210 s.f. 34,210 total Lot coverage: 29% Re/PRC/Descripvariances Cg op) .16 (00') el) CONSENT Re: Premises: 560 Commerce Drive, Cutchogue, New York 11935 SCTM#: 1000-95-2-5 COMMERCE EAST ONE, LLC,the owner of the above referenced property (the "Premises"), does hereby consent to its attorneys, Wickham, Bressler, Gordon & Geasa, P.C.; and their engineers, surveyors, agents, or other contractors retained by any of the above and any of their representatives and/or agents, to make applications to the Town of Southold Zoning Board of Appeals, Planning Board, Town Board, Suffolk County Department of Health Services and Suffolk County Water Authority for variance and site plan approval of the Premises, including permits from the Southold Town Board, and to any other authorities or agencies having jurisdiction over said Premises and for any other matters required to obtain such approvals, including without limitation, soil testing, engineering work, excavations, and utility contracts. This authorization shall include all matters in connection with those applications. Dated: April q ,2007 COMMERCE EAST ONE, LLC By: Jo M. DiVello, Member 21/consent2007var • IIIllI lU llU VIII VIII VIII VIII VIII VIII 11111111 111111111111111111111 III1 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 12/08/2006 Number of Pages: 3 At: 10 : 12 :03 AM Receipt Number : 06-0118008 TRANSFER TAX NUMBER: 06-15634 • LIBER: D00012482 , PAGE: 152 District: Section: Block: Lot: 1000 095 . 00 02 . 00 007 .000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $9 .00 NO Handling $5.00 NO COE $5 .00 NO NYS SRCHG $15.00 NO EA-CTY $5 .00 NO EA-STATE $165.00 NO TP-584 $5 . 00 NO Cert.Copies $5. 00 NO RPT $50 .00 NO SCTM $0 .00 NO Transfer tax $0 .00 NO Comm.Pres $0 .00 NO Fees Paid $264 .00 TRANSFER TAX NUMBER: 06-15634 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County' ' J • lr 1 L2 RECORDED 2006 Dec 08 10:12:03 AM Number ofages5 Judith R. Pa3cale p CLERK OF SUFFOLK CUUMTV This document will be public L D00i:248 22 record. Please remove all DT# 06-1%34 Social Security Numbers prior to recording. . Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Mortgage Amt. Page/Filing Fee 1.Basic Tax Handling 5. 00 2. Additional Tax TP-584 Sub Total Spec./Assit. Notation or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX :- c�n� : � Dual Town Dual County _____O R.P.T.S.A. �e;®V J ';;, Held for Appointment A 1 01, Comm.of Ed. 5. 00 '1' Transfer Tax ry¢$b l a 1 : vI Mansion Tax Affidavit I �'. ,v, vi,/ el. The property covered by this mortgage is ertified Copy el or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other cQLog — Grand Total If NO, see appropriate tax clause on ‘,6..),....n.-r- page# of this instru ent. iPS/aP 4 C 06041528 1000 09500 0200 005000 05.000 & -r 1000 09500 0200 007000 07.000 5 Community Preservation Fund Real Pi RP pConsideration Amount$ Tax Se BSI Ager ( DE ) CPF Tax Due $____,e----- Verific Improved , / 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address �( RECORD&RETURN TO: Vacant Land ' ` TD /fid WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD,P.O.BOX 1424TD MATTITUCK,NI 11952 TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name AG )E d b(J sT www.suffolkcountyny.gov/clerk Title# d 2 Z • cs . ri2.3 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Bargain and Sale Deed made by. (SPECIFY TYPE OF INSTRUMENT) John M. DiVello The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold Commerce Fast One, i.T.0 In the VILLAGE ' or HAMLET of Cntchog}ue BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 10,1, and on or before May 311. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,N.Y. 11757 Riverhead,N.Y. 11901 (631) 957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville,N.Y. 11738 Shelter Island,N.Y. 11964 (631)451-9009 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street • East Hampton,N.Y. 11937 Smithtown,N.Y. 11787 (631) 324-2770 (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington,N.Y. 11743 Southampton,N.Y. 11968 (631)351-3217 (631)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip,N.Y. 11751 Southold,N.Y. 11971 (631)224-5580 (631)765-1803 Sincerely, ' 21.4.-01.-titAk )04,4-4.42—/—t.....' Judith A.Pascale Suffolk County Clerk dw 2/99 12-0104_06/06kd Standard N.Y B.T.U.Form 8002-Bargain and Sale Deed,with Covenant against Grantor's Acts—Uniform Acknowledgment Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY lYl r 200 THIS INDENTURE, made the day of , 2006 BETWEEN JOHN M. DIVELLO, residing at 800 Wickham Avenue, Mattituck, New York 11952, the party of the first part, and COMMERCE EAST ONE, LLC, a New York limited liability company with an address of 800 Wickham Avenue, Mattituck, New York 11952, the party of the second part, WITNESSETH, that the party of the first part, in consideration of TEN and 00/100-------________�w______ _ ----($10.00) W_____________-Dollars, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, PARCEL I (SCTM# 1000-95-2-5): All that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, at Cutchogue, County of Suffolk and State of New York, being known and designated as Lot No. 6 on a certain map entitled, "Map of North Fork Industrial Park" filed in the Office of the Clerk of the County of Suffolk on 1/27/05 as Map No. 11215, said lot being bounded and described as follows: BEGINNING at a point on the northerly end of a curve connecting the northerly side of Corporate Road and the easterly side of Commerce Drive; Thence from said point of beginning, along the easterly side of Commerce Drive, North 39 degrees 16 minutes 00 seconds West, 326.54 feet to a point and the division line between Lots 6 and 7 on said map; Thence along said division line, North 49 degrees 12 minutes 30 seconds East, 336.54 feet to a point and lands now or formerly of Southold Solid Waste Management District; Thence along said last mentioned lands, South 40 degrees 47 minutes 30 seconds East, 352.09 feet to a point and the northerly side of Corporate Road; Thence along the northerly side of Corporate Road, South 49 degrees 12 minutes 30 seconds West, 320.24 feet to the curve first above mentioned; Thence along the arc of a curve bearing to the right having a radius of 25.00 feet a distance of 39.94 feet to the point or place of BEGINNING. PARCEL II (SCTM# 1000-95-2-7): All that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, at Cutchogue, County of Suffolk and State of New York, being known and designated as Lot No. 8 on a certain map entitled, "Map of North Fork Industrial Park"-filed in the Office of the Clerk of the County of Suffolk on 1/27/05 as Map No. 11215, said lot being bounded and described as follows: BEGINNING at a point on the northerly terminus of Commerce Drive, said point being 711.24 feet northerly from the northerly end of a curve connecting the northerly side of Corporate Road and the easterly side of Commerce Drive; Thence from said point of beginning, along the northerly side of Commerce Drive, along the arc of a curve bearing to the left having a radius of 50.00 feet a distance of 109.08 feet to lands now or formerly of Goodwin; Thence along said lands, North 39 degrees 16 minutes 00 seconds West, 414.28 feet to a point and lands now or formerly of Krupski, Jr.; Thence along said lands North 45 degrees 27 minutes 50 seconds East, 367.92 feet to a point; Thence still along last mentioned lands, South 40 degrees 47 minutes 30 seconds East, 375.02 feet to the division line between Lots 7 and 8 on aforementioned map; Thence along said division line, South 49,degrees 12 minutes 30 seconds West, 280.42 feet; and South 04 degrees 16 minutes 00 seconds East, 30.23 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE part of the same premises conveyed to the party of the first part by deed dated 9/1/06, recorded 9/11/06 in Liber 12468 page 625 in the Suffolk County Clerk's Office. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and,roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the!same first to the payment of the cost of the improvement before using any part of the total of the same for,any other purpose. The word "party" shall be construed as if it read "parties" when ever the sense of this indenture so requires IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: John M. DiVello f,'deed8 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York;County of Suffolk ss State of New York, County of Suffolk ss: On the pc0 day of November, in the year 2006, On the day of , in the year before me, the undersigned, personally appeared before me, the undersigned, personally appeared JOHN M. DIVELLO personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their me that he/she/they executed the same in his/her/their capacity(ies), andel at by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the instrument,the in ivi ual(s), or the person upon behalf of which instrument, the individual(s), or the person upon behalf of which the individual(s) a t d, ex cuted th I strument the individual(s) acted, executed the instrument. (signature and ofr of individual taking acknowledgment) (signature and office of individual taking acknowledgment) DONNA McGAHAN Notary Public,State of New York No. 01M04851459 Qualified in Suffolk County State(or District of Columl:99, l irf fi Fs ONtAy) zo i o ss. On the day of in the year before me,the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the in . (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgement) Notary Public BARGAIN AND SALE DEED SECTION WITH COVENANT AGAINST GRANTOR'S ACTS BLOCK LOT Title No. COUNTY OR TOWN JOHN M. DIVELLO STREET ADDRESS TO COMMERCE EAST ONE, LLC Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by y ., Commonwealth LAND\\Ii un 1...111'\\1 CoiMON\ArF\l Ill LAND I ITLE INSURANCE COMPANY W 0 LL LL O oz 0 a' O 0 W re LL O W rn x w O LL u, 0 a a to U, x 1- u, > Lu LU Lu LU ix \ Town of Southold APR 1 ® 2007 LWRP CONSISTENCY ASSESSMENT FORM (7O5 zOPi ]G C'O."-IED OF ,a Pte. L5 A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus,the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 95 - 2 - 5 The Application has been submitted to (check appropriate response): Town Board X Planning Dept. X Building Dept. Board of Trustees ZBA X NOTE—Responses are partially derived from Mark Terry's LWRP report to Planning Board 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c)Permit, approval, license, certification: X Nature and extent of action: Construction of recycling and transfer facility for Construction and Demolition debris and Municipal Solid Waste Location of action: N/E cor Commerce Drive and Corporate Road, Cutchogue,NY Site acreage: 120,000 sq. ft. Present land use: vacant Present zoning classification: LIO 2. If an application for the proposed action has been filed with the Town of Southold agency,the following information shall be provided: (a)Name of applicant: Peconic Recycling and Transfer Corp. (b)Mailing address: PO Box 1402, Mattituck,NY 11952 (c) Telephone number: Area Code (631) 298-8888 or 298-8353 (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? NO If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes No (Not Applicable -please explain) YES/NO The proposed use is consistent with light industrial uses and will require a special use permit from the Town Board to operate. The Town Board, in connection with this permit, and the Planning Board, in its site plan review, will require improvements which enhance community character. The proximity to Route 48 and the Southold Town recycling, composting and solid waste facilities, as well as the corner location central to the industrial park, makes efficient use of infrastructure. The parcel will not preserve open space. The New York State Department of Environmental Conservation regulates waste transfer facilities under Part 360 Regulations. The proposed facility will be subject to compliance with the DEC's Part 360 regulations which mandate controls through its permit provisions. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria Yes No (Not Applicable—please explain) NOT APPLICABLE Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes No (Not Applicable—please explain) YES Criteria A. Minimize introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character. The property is zoned LIO and the use requires a large building to internally house operations. The proposed building is not discordant with other types and size of buildings within the area used for similar operations and agricultural uses. Utility lines serving the site are proposed to be buried. The proposed fencing includes privacy slats which would provide additional screening of operations from public view. Therefore the proposal furthers this sub-policy to the extent practical for the proposed use. Criteria C. Screen components of development which detract from visual quality. The property located to the west is occupied by the Southold Town Landfill,to the north vacant agricultural lands (zoned LIO), to the south pending commercial uses (zoned LI) and to the east agricultural lands with one single family residence(zoned LIO). The applicant proposes to screen adjacent properties from the proposed physical improvements and operations using a landscaped vegetative buffer of varying widths. The landscape buffer is proposed along the north, south, east and west property boundaries. Therefore the proposal furthers this sub-policy. Criteria D. Use appropriate siting, scales, forms, and materials to ensure that structures are compatible with and add interest to existing scenic components. The proposed use is located greater than 1000' from County Road 48 (CR 48) a designated New York Scenic Byway. The parcel is in the northern section. The proposed building, scale and materials are consistent with other buildings currently under construction on site and those located to the south and those located on the Southold Town Landfill property. Exterior materials and colors of the proposed building are proposed to coordinate with the surrounding buildings within the Industrial Park and have been approved by the ARB in the site plan process. Criteria J. Protect visual quality associated with public lands, including public transportation routes,public parks and public trust lands and waters. As indicated above, the proposed action is located within the view-shed of CR 48, a designated New York State Scenic Byway. During the creation of the subdivision which created the subject lot, the Planning Board required a 100 foot vegetative buffer along CR 48 to screen the uses from yff~l APR 1 0 2007 CR 48. This buffer,the intervening buildings, and the proposed on-site landscaped buffer will sufficiently screen the proposed use from CR 48 to the greatest extent possible. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes No (Not Applicable—please explain) NOT APPLICABLE Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III—Policies Pages 16 through 21 for evaluation criteria Yes No (Not Applicable—please explain) YES Criteria 5.5. Protect and conserve the quality and quantity of potable water. The proposed action includes a pervious gravel parking area, subsurface drainage system and drywells to control roof and surface runoff. In addition: 1. A future wash down/cleaning area for trucks and equipment is proposed. Disposal of leachate and drainage from any cleaning areas and/or holding tanks will comply with all applicable County, State and Federal regulations. 2. All processing, tipping, sorting, storage, and compaction areas will be located within an enclosed building or covered area. 3. A spill response protocol will be submitted to the Town. 4. Storage areas and type of equipment to be stored are clearly outlined with areas designed to control and dispose of runoff appropriately. Dumpsters will be stored on site at the rear of the premises, and will be empty. 5. Floors will have no floor drains. Floor areas will be cleaned daily. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes No (Not Applicable—please explain) NOT APPLICABLE Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III— Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. Yes No (Not Applicable—please explain) The impact on air quality from truck traffic will not exceed normal industrial and local usage, and emissions are in accordance with NYS emission standards. The impact on air qualify from dust from construction and demolition debris will be minimized because the dust will be contained within the facility, which is completely enclosed. Current C&D operations in the Town of Southold are located outdoors, so the indoor location of this facility is an improvement. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. Yes No (Not Applicable—please explain) Criteria 8.1. Manage solid waste to protect public health and control pollution. B. Manage solid waste by: 1. reducing the amount of solid waste generated, 2. reusing or recycling material, 3. using approved methods endorsed by the NYSDEC to dispose of solid waste that is not otherwise being reused or recycled. C. Prevent the discharge of solid wastes into the environment by using proper handling, management, and transportation practices. D. Operate solid waste management facilities to prevent or reduce water, air, and noise pollution and other conditions harmful to the public health. The proposed project will address and effectuate the aforesaid policies by promoting recycling, handling C&D and MSW in a contained, state of the art facility, and in accordance with stringent DEC regulations. Procedures for control of noise, insects, odors and vectors will be implemented. Transport vehicles will be covered to prevent dust and blowing litter. Hazardous waste will not be accepted. Criteria 8.6. Site solid and hazardous waste facilities to avoid potential degradation of coastal resources. A. Solid and hazardous waste facilities should not be located within the coastal area unless there is a demonstrated need for waterborne transport of waste materials and substances. The proposed action is not located adjacent to a water body or flood zone and waterborne transport of waste materials is not included within the proposal. B. If the need for a coastal location is demonstrated,preclude impairment of coastal resources from solid and hazardous waste facilities by siting these facilities so that they are not located in or would not adversely affect: . I 1. agricultural lands, The proposed action will result in the net loss of agricultural land/soil within the Town. However,the parcel is zoned LIO and has not been fanned for over 10 years. The loss of agricultural lands is attributed to the zoning district and allowable uses. 2. natural protective feature areas, There are no natural protective features on-site. 3. surface waters,primary water supply, or principal (sole-source) aquifers The subject parcel is not located over a Special Groundwater Protection Area. 4. designated Significant Coastal Fish and Wildlife Habitats, There are no Significant Coastal Fish and Wildlife Habitats on site. 5. habitats critical to vulnerable fish and wildlife species, vulnerable plant species and rare ecological communities, There are no habitats critical to vulnerable fish and wildlife species, vulnerable plant species, and rare ecological communities on site. 6. wetlands. There are not wetlands on site. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. Yes No (Not Applicable—please explain) NOT APPLICABLE WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. Yes No (Not Applicable—please explain) NOT APPLICABLE Policy 11. Promote sustainable use of living marine resources in Long Island Sound,the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable—please explain NOT APPLICABLE Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable—please explain NOT APPLICABLE Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable— The proposed facility will recapture extensive recyclable materials from C&D and MSW which are currently being sent to the waste stream,thus promoting energy efficiency. I•el SO(jjj , ELIZABETH A.NEVILLE ' '`� l0 Town Hall, 53095 Main Road TOWN CLERK 4 41 P.O. Box 1179 REGISTRAR OF VITAL STATISTICS ; G ,�� Southold, New York 11971 MARRIAGE OFFICER . ) �� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER ��ij'C w`^t • Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER �U +Is�� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 11, 2007 RE: Zoning Appeal No. 6030 Transmitted herewith is Zoning Appeals No. 6030 of John Divello: Commerce East One, LLC-the Application to the Southold Town Zoning Board of Appeals. Also enclosed is a Cover Letter from Abigail A. Wickham of the Law Offices of Wickham, Bressler,Gordon & Geasa, P.C. describing the enclosed documents,Peconic Recycling and Transfer Corp. Facility Operation Description, Questionnaire for Filing with the Z.B.A. Application,Applicant Transactional Disclosure Form,Notice of Disapproval dated: March 22, 2007, Short Environmental Assessment Form, Town of Southold Property Record Card, LWRP Consistency Assessment Form, Tax Map Sections 95 & 96 combined showing the approximate distances to nearest residences, copy of Deed, Map of North Fork Industrial Park, (3) color photographs of the property, Site Plan and Elevations. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 4 / 11 /07 ZBA# NAME CHECK # AMOUNT TC DATEecailitb DiVello, John & 6030 Commerce East One 20583 $600.00 APR 1 1 2007 LLC && TOTAL $600.00 By Thank you. Town Of Southold - PO Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 04/11/07 Receipt#: 20583 Transaction(s): Reference Subtotal 1 1 Application Fees 6030 $600 00 Check#. 20583 Total Paid: $600 00 Name: Divello, John Commerice East One Llc 800 Wickham Ave Po Box 1402 Clerk ID: MICHELLE Internal ID 6030 11/3\ V)"C LAW OFFICES WICKHAM,BRESSLER,GORDON&GEASA,P.C. ( 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL 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 TELEFAX NO.631-249-9484 April 10, 2007 Town of Southold Building Department Southold Town Hall 53095 Main Road Post Office Box 1179 Southold,New York 11971 Re: Property owned by Commerce East One,LLC Peconic Recycling &Transfer Corp. -tenant 560 Commerce Drive, Cutchogue,New York SCTM# 1000-95-2-5 Gentlemen/Ladies: Enclosed is a copy of the variance application being submitted today in this matter,pursuant to your Notice of Disapproval. Please sign the bottom of the attached copy of this letter to evidence receipt. Very truly yours, at,/ tipti Abigail A. Wickham AAW/al 30/shdzbaap Encl. Received on April h ,2007 Southold Town Building Dept. }` i ' APR 0 2007 By: L.- - - - 4)ocei`j Qo NEW APPLICATION SET-UP STEPS EFFECTIVE 8/2/06 PART II CHECK BOXES AS COMPLETED [ ] Staple this form to outside of file. 1. [ ] Pull ZBA copy of ND. 2. [ ] Check file boxes for priors. If priors, complete LF research; print with maps and make 7 copies. 3. [ ] • Assign next number on list; put number on outside of file folder. 4. [v]� Date stamp entire original application w/file number. 5. [,,]" Hole punch entire original application (before sending to TC). 6. [ ] Enter priors or other new appeal on ZBA application program and on newly created index card. 7. [ ] Print program record. 8. [ ] Print contact info & tape to front of file. 9. [V Prepare transmittal to Town Clerk (3 copies). 10. [ Send original application w/transmittal & check to Town Clerk. 11. [ ] Note inside file folders w/prior info (copy file card) and staple other index cards inside left cover. 12. [ ] Copy County Tax Map; highlight parcel and mark neighbors (across streets etc). 13. [ ] Make 7 copies and put w/each packet. 14. [ ] Add preparer initials & date to (Notes on computer program) when all of above is complete (now ready for tech reviews). 15. [ ] Do mailing label (to contact person or owner—from application page 1. *4 hiu2„-vt 19 - {- 3-14, m,J _ Lo..„44c, 619 eiLtA4 Oty011( �4Qb �� Ccs ,. i2P / l U.S. Postal Service,. ma VA ) Ln CERTIFIED MAILTM RECEIPT co n (Domestic Mail Only;No Insurance Coverage Provided) "D For delivery information visit our website at www.usps.com5 mA TE F i4 ' 1AL UStE D" • f Postage $, 10. 1 090 •c,1 O 1o ' Certified Fee f �6h M. Return Receipt Fee ,. Postmark 1(Endorsement Required) ?j_� 6,7-f 1421 \ CI ��(Here-, O Restricted Delivery Fee l rq (Endorsement Required) $0.00 y 1-Rm Total Postage&Fees $ $5.21 05/-- L407 1-1_!_CL�1P�h. N Street,Apt N J.t!:L..,....Lid._. n�,.: 5 or PO Box No. �(,r��.�p (.. Yl.rp City,State,Z1F44 �J�1 �C.�s LI 1 II._�.. ! r W ► .a.. D 7i PS Form 3800,June 2002. WS-e.;-v•r .rin - . . U.S. Postal Service,. ru CERTIFIED MAILTM RECEIPT R.I (Domestic Mail Only;No Insurance Coverage Provided) `n For delivery information visit F 1 nL-il our website at www.usps.coms Er-0 ma^ WORE, 90 U L 11 L� S o Postage $ $0.41 066 9,ri? ---'• Certified Fee .F{„f� `� �j p OJ 4 G 0 Return Receipt Fee Ostmark 0 _(Endorsement Required) r 'Rem O Restricted Delivery Fee r-1 (Endorsement Required) $0.00 \ �o-.---- m Total Postage&Fees $ $5.21 05/22/2007 Ln Sent To C o 0 m► cx L 7WQ4LC r- Street Apt.No.; p n or PO Box No. gp°Wl ld/),ly) lJ�/a JO .PD 0014I�Ytl/, City,State,ZIP+4 i +-u haw l ..LLU l � PS Form 3800,June 2002 See Reverse for In r i.n U.S. Postal Service,. N CERTIFIED MAIL. RECEIPT IlJ (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® >r . SCHCPP 1 i9C PAL USE D, o Postage $ $0.41 ! Certlfled Fee `� . J ��66 MI 2-oa Return Receipt Fee �' cet:Postmark CI (Endorsement Required) 15 ere O Restricted Delivery Fee 1 -j (Endorsement Required) $0.00 \ Ill Total Postage&Fees $ $5.21 _ ' D Sent To Apt No. .i,0/ "�'r'L�'�•"'SJ..A` or PO Box No. � K a _if ehnr� Qty,State ZIP+4 •[ y a 1hJ1f _OU 10 i 4.i.. 7l I PS Form 3800,June 2002 U" — u See Reverse f.r , ruc"•, U.S. Postal Service,. CERTIFIED MAILTM RECEIPT —13 ru (Domestic Mail Only;No Insurance Coverage Provided) `D For delivery information visit our website at www.usps.conts C' O lbe 5A L �1- S E Er CI Postage $ $0.41 i 4;.-1 ��, 0 . Certified Fee `c 03 CI P s• a Return Receipt Fee i,ri5 1V PoHstrne k (Endorsement Required) O Restricted Delivery Fee 7� _ ,_q (Eridorsement Required) $0.00 ?� pi,, r-9 m Total Postage&Fees $ $5.21 05/22/2007 X17ci Sent To CI r 0..& Q.al --h ra inar�.e. r- &reet,Ap l.; �� r or PO Box No. r.e/ __Qjtcl�.i L n yr 0 City,State,ZIF44 F� 4.�J�_ rcteuer. .d[ III. , ' l / w PS Form 3800,June 2002 See Reverse for Instructions U.S. Postal Service,. = CERTIFIED MAILTM RECEIPT flU (Domestic Mail Only;No.Insurance Coverage Provided) `D For delivery information visit our website at www.usps.coma - SZO FNfR1i7C a L, USE D– CI Postage M .7,.0r.7–C'` O ` - ,, Certified Fee '- e"y Retum Receipt Fee '" Postmark 0 (Endorsement Required) 2 I� ,j��Z( Here Ii Restricted Delivery Fee y\ '� ,� (Endorsement Required) $0.00 \v, `/ m Total Postage&Fees $ G' 421 '(,, Q01 SooDA NSWholdSolak_ Nl }tottt-f' p.. teat, PL a; or PO Box No. Y,o.Foy 1I71 City,State,ZIP+4 S r_.iiiib 0 _ •_ PS Form 3800,June 2002 i( V See Reverse for Instructions U.S. Postal Service,. o CERTIFIED MAILTM RECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) ..D For delivery information visit our website at www.usps.com® ..11 •Magi jiC li9L A L p-S, E Er N O Postage $ r 4i11 /691-"‹G+ �, Certified Fee ��0) �, c tZ 0 Return Receipt Fee J .. P Here ,, (Endorsement Required) �1, O Restricted Delivery Fee tri/ ,-q (Endorsement Required) $0.00 rR ' fll $ 5,Total Postage&Fees 91 05/2/2007 v') Sent To Vlr s._�._.. �o.D.�l. )n P- Street,Apt.No.; r n or PO Box No. t azh _e nn,.-� �}r]e 1 axI-c (U Crry,State,ZIP+4 ►�[".c l.aai a.. ! I /� LL lL PS Form 3800,June 2002 3 Vv I See Reverse for Instructions ___—/--)) V 0 PLO y4. •A' ttl:lgvixeileil Werli►res*rmr ikicf eigrolokrs•lagw • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired: ❑Agent • Print your name andaddress on'the'reverse i. .. �' , . 1_fJL,:. ' 0 Addressee so that we can return the card to you. B. Received b�(Printed N: e)` C. Date of De ry • Attach this card to the back of the mailpiece, -y, iv or on the front if space permits. 8 111,s )rl, ^2�' D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: . If YES,enter delivery address below: ID-No Ni-. knOifit o SfriPnOWS110 3-15rivinyis2004 ' . , - - So 014 IA� y l Hel 3.1S�etviceType AEI-Certified Mall ❑Express Mall ❑Registered DT-Return Receipt for Merchandise ❑Insured Mall 0 C.O.D. - 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ?0U5 311 0000 0996 6278 � , (fransfer,from service labeQ PS Form'3811:February 2004'` ' o Domestic Retum Receipt 102595.02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mall 111111 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 RECPMATTITUCK,N.Y. 11952 tiI4y2 11131131£11111331111331111111131111£1311131111331£131111111311 ' ' OMP T THI TION COMPLETE THIS SECTION 0 a r 4,3' ■ Complete items 1,2,and 3.Also complete A. Sign• 'e item 4 if Restricted Delivery Is desired. X' ----)j�`✓"❑Agent • Print your name and address on the reverse ,i�� ❑Addressee so that we can return the card to you. B 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 different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No fr am . Godwin • (0q1-0 )e71I ,r1- • Po &X o 3. Service Type CI i ti ll One 11 lig�� 0-Certified Mail 0 Express Mall J ❑Registered rErRetum Receipt for Merchandise ❑Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number I` 7005 3110 0000 0996 6-308 (Transfer from service label PS Form 3811,February 2004 Domestic Return Receipt 1o2595-o2-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 • RECEIVED MAY 2 4 2007 WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD,P.O.BOX 1424 MATTITUCK, N.Y. 11952 11414111111111111111111111111111111h 3 A lIII,III t1nid,11I :IQ IC 411W/W/V44/tOnfi:StiXeiffik Noromairwmaimalourooketweallrion- • Complete items 1,2,and 3.Also complete A. •i• attire t item 4 if Restricted Delivery Is desired. /) /J ❑Age■ Print your name and address on the reverse jid. j��(, •ddressee so that we can return the card to you. ;.. -B. Received by(Printed Name) ' . '. e of 3 elivery • Attach this card to the back of the mailplece, /t-3 a7 or on the front if space permits. 1 D. Is delivery address different from item 1 Ely-- 1. Article Addressed to: If YES,enter delivery address-below: PEI No Comrnerce.1w o,LLC _ goo WiCJLkaxnAv n P0 13(pc I-I D - - 3. Senilae Type /a CAL)`V fvII i ci c Certified Mail 0 Express Mail ❑Registered arRetum Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number I ' ' - :;7005 31,11:11;10.00 ,8991 E1292 (Transfer from service'labeO = PS Fprm 3811,February 2004 Domestic Return Receipt` 102595-02-M-1540 UNITED STATES POSTAL SERVICE 11 11 First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • RECEIVED NAY 2 4 2007 WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD,P.O.BOX 1424 MATTITUCK, N.Y. 11952 igoil7gm-gigh-romigar:/I•Y-ix•TsCOMPLETE THIS • •i • _2 • Complete items 1,2,and 3.Also complete A Sig - item 4 if Restricted Delivery is desired./ �fi9ent • Print your name and address on the reverse X�! /� , i,S/anti 0 Addressee so that we can return the card to you. receive by/ ted N ) C.Date of Delivery • Attach this card to the back of the mailplece, or on the front if space permits. '' t ` . * 1. Article Addressed to: D. Is delivery address different from item 1? • Yes �n 0-PS6 h,^O1 C �O I `c, f � If YES,enter delivery address below: 0 No T rnavU.ct- PU.`cox 1179 Sow-hold ,reJ ki SIC_, I 1 a-/1 3. Service Type Certified Mail 0 Express Mall ❑Registered liieRetum Receipt for Merchandise ❑Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article,Nurilber 1, 1, i t , °i+ t "7 p p 5 311O ' 99' 6254 ; t t i i "i�, i i i r e i i i :l i t t (Transfer from service label) • • PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 - — I: , . , ti .,tt . 1 it t,: r „ t . , iii UNITED STATES POSTAL SERVICE First-Class Mail 10111 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 1001 '7 Z Add ®3A130 Illdi ffi ti!!!!lifhMil!tll 1il!!i!!aaiiialllltlllad.i!!ii 140 FilAtfigeffiVirAtar moimaavratimag_x_etroffrimig4griore- • Complete items 1,2,and 3.Also complete A Sign item 4 if Restricted Delivery is desired. CI Agent • Print your name and address on the reverse • _,JN NCID Addressee so that we can return the card to you. eceicied by(Printed Name) Cerat7f Del ery • Attach this card to the back of the mailpiece, a7., 07 or on the front if space permits. D. Is delivery address different from item 1? Ye 1. Article Addressed to: If YES,enter delivery address below: 0 No (-Co Usspool (4- trCuncy, 141/ - arfak CCukit(10T,i,t ,iki itg35- , • ' 3. Service Type aroertified Mail 0 Express Mail CI Registered birgetum Receipt for Merchandise- , 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Ntimtir : : ! : • - i=r4 - (Transfer iron.;senike Ialid1). 811t1 000i] ..0119L'f 1:16:1:ii IPS Form 3811'•February 2004 Domestic Return Receipt 102595-024-1540 t h I I it tt 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 • WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD,RO.BOX 1424 - MATtITUCK,NI 11952 I.,Jl,,,ill.h.,i,l.,,l,III,,,i,I„I,1,,.1„1,I,I,I„1,1„11 1101.14:ii<•Z•I►.agar d.i rrr1214101:101c103rUrLIMOWIIYMY • Complete items 1,2,and 3.Also complete A. Si nature item 4 if Restricted Delivery is desired. 7. - ❑Agent • Print your name and address on thereverse A Addressee so that we can return the card to you. Received by(P t d Name) C;Date of Delivery • Attach this card to the back of the mailpiece, � � or on the front if space permits. 1. Article Addressed to: . • D. Is.-1 'eiV ddress different from item 1? 0 Yes •( enter liver ddress below: 0 No An: wry katror, , s40 °30) 215 Caret(nal b.rtvt ef:Y Ma SIC t (1q5� Mall , 0 RRegisteredail Express Receipt fol.-Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. ArticleNumbe•1 ; ;1;; _ _` :7005 :31191 ObOD 0996 =6:28'5: (Transfer from service label) I•' � ' PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail 1 11 Ill Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • - RECEIVED MAY 2 9 nu - WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015'MAIN ROAD,P.O.BOX 1424 • MATTITUCK,NI 11952 It diutllitImitltttitiiitill,liiltimIllitt4tlIlititittii ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of PECONIC RECYCLING&TRANSFER CORP. AFFIDAVIT OF SERVICE BY MAIL Parcel ID #1000-95-2-5 X STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) I, Donna McGahan, residing at 2020 Stillwater Avenue, Cutchogue,New York 11935, being duly sworn, deposes and says that: On the 22"d day of May, 2007, I personally mailed at the United States Post Office in Mattituck,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Notice of Hearing and Map in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Southold Town Assessors Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property, as follows: Mr. James D. Goodwin 1000-95-2-4 6810 Depot Lane P.O. Box 490 Cutchogue,New York 11935 Commerce East Two, LLC 1000-95-2-6 800 Wickham Avenue P.O. Box 1402 Mattituck,New York 11952 Attn: Henry Raynor 1000-96-1-1.11 Tide Group, Inc. 1000-96-1-1.5 275 Cardinal Drive Mattituck,New York 11952 Town of Southold Solid Waste Management 1000-96-1-2 P.O. Box 1179 Southold,New York 11971 I I Artco Cesspool &Drainage 1000-96-1-1.6 4225 Bridge Lane Cutchogue,New York 11935 Angelo Stepnowski 375 Kenny's Road Southold,New York 11971 Ater oG onna McGahan Sworn to before me this 22'3,a of May, 2007. Not. 'ub is ZBA.affmazlzba KERRI A.MCCARTHY NOTARY PUBLIC-STATE OF NEW YORK NO.01-MC5045505 QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES 07-31-20 ) Q ,•, ti Att f J ZONING BOARD OF APPEALS ' TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of - z AFFIDAVIT v OF SIGN 1 eCO a)C- /lett45 kt SY4(Name of Applicants) POSTING Regarding Posting of Sign upon , Applicant's Land Identified as 1000- q - A _ 6" x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, j0/10,-'t1-,.an D)V�l(o residing at Sod .-I ii ) S(re e_f DAc,44I�u C r , New York, being duly sworn, depose and say that: On the c2cAWDday of Ma U ,, , I personally placed the Town's official Poster, with the date of hearing and/ 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 incy 3i) Zoo"7 . / (Sit . re) rr��Sworn to before me this plot day of r , 200 7 • � � � If OA __ ) (Notary Public) MAISIE A.BRAUNSKILL-b W 3 NOTARY PUBLIC State of Pew York No.01 BR4842920 Qualified in Suffolk County Commission Expires July 31,20 *near the entrance or driveway entrance of my ,property, as_the_ rea-,mos tisible-te-passersby , Southold Town Board - Letter Board Meeting of May 22, 2007 11 RESOLUTION 2007-499 Item#35 (461) ADOPTED DOC ID: 2922 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-499 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 22,2007: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York on the 24th day of April, 2007, a Local Law entitled :cA Loca1 Law in., Relation to a Transfer Station ",AND M, ' 31200 7 WHEREAS the Town Board of the Town of Southold finds that this L&cal;Law is consistent I z.�rarslP with the LWRP,AND Ls WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed "Local Law in Relation to a Transfer Station",which reads as follows: Local Law No. 13 of 2007 Section 1. Purpose. In order to promote the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to provide for a Transfer Station use'in the zoning code to facilitate the proper and efficient handling and transfer of municipal solid waste (MSW) and construction debris (C&D)material. The Town Board finds it appropriate to limit such use to the LIO Zoning District, subject to strict requirements, pursuant to a special permit issued by the Town Board, and site plan review by the Planning Board. Section 2. Code Amendment. - Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-58. Use regulations. Generated May 24, 2007 Page 51 t , Southold Town Board- I r B,.. J Meeting of May 22, 2007 "r- In the LIO District,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: D. A Transfer Station may be permitted, subject to special permit obtained from the Town Board pursuant to Section 233-6 the Town Code. The Transfer Station shall also be subject to site plan approval by the Planning Board based on the following criteria and requirements: (1) The plan shall include the precise location of all buildings, structures, employee and truck parking, loading, unloading, and traffic areas, internal circulation, container storage areas, storage areas for recycling, and any other information deemed pertinent to an adequate review of the proposal. (2) A minimum lot area of 120,000 square feet and the right to require a greater lot area. Such requirement shall be based on the scale of operation as measured by the size of the buildings proposed for the site, the volume of solid waste handled on a daily basis, and the requirements for vehicle parking and movement, or a finding that the operation cannot be adequately screened from adjoining property. (3) A minimum distance of four hundred(400) feet from a property zoned for residential use measured from the two closest points of parcel boundary, or located within six hundred(600) feet of an existing residential structure measured from the closest point of the residential structure to the parcel boundary. (4) Submission of a route plan to indicate that traffic generated by the facility will have a minimal impact on residential streets. (5) Provision of adequate lanes for vehicles entering the facility. (6) All sorting, baling, processing, crushing, and similar intensive activity associated with the facility, including the storage of all containers containing recyclable and waste material shall be contained inside a completely enclosed building with an impervious floor surface. (7) Outdoor use of the property shall be restricted to the parking and maneuvering of vehicles, washing of vehicles, scales necessary for the operation of the transfer station, and the storage of empty containers. (8) The storage of said empty containers shall be restricted to locations specifically identified on the site plan. This equipment shall be located and screened in such a manner so as to not be visible from the street of from adjoining properties. (9) On-street parking of vehicles, containers, or any other equipment or materials in any way connected with the facility shall be prohibited. Generated May 24, 2007 Page 52 Southold Town Board- Letter Barn Meeting of May 22, 2007 (10) Where feasible,truck loading and unloading areas shall not face the street. (11) All toxic and hazardous materials shall be prohibited. (12) The maximum height of the facility shall not exceed thirty five (35) feet (13) A minimum of twenty(20) feet of landscaped buffers, including street trees shall be planted and maintained along all street frontages. Landscaped buffers shall be entirely located within the subject parcel boundaries. (14) A six foot high fence shall be installed and maintained behind said landscaped buffers. Fence color and materials shall be approved by the Planning Board. (15) Hours of operation shall be demonstrated by the applicant to be limited to minimize impact on surrounding properties. § 280-60. Front yard setbacks. C. A project shall be divided into separate structures so that no single structure shall have more than 60 linear feet of frontage on-one street,'except that this requirement shall not apply to a transfer station. The setbacks of multiple structures on a parcel may vary, provided that the average setback of the structures meets the setback required above and all buildings are at least 75 feet from the right-of-way. Section 3. Code Amendment. Chapter 233 Solid Waste of the Code of the Town of Southold is hereby amended as follows: § 233-1. Definitions. Words and terms used in this article shall have the following meanings: TRANSFER STATION, TOWN --The disposal area owned and operated by the Town of Southold located north of County Route 48 at Cutchogue,New York. TRANSFER STATION, PRIVATE—Any combination of structures, machinery and facilities used for off-loading solid waste from collection vehicles, the recovery of recyclables from said solid waste, and/or the reloading of nonrecyclable solid waste into vehicles for disposal. § 233-6 Transfer Station Special Permit. A. A permit application shall be made on the form prescribed by the Town Clerk and accompanied by a fee of$250.00. A permit issued pursuant to this section is not transferable and shall run for the same duration as a permit for the-same transfer station issued by the New York State Department of Environmental Conservation. Generated May 24, 2007 Page 53 Southold Town Board- 7 B.. J Meeting of May 22, 2007 B. No permit shall be granted unless the applicant can produce a valid transfer station operating permit issued by the New York State Department of Environmental Conservation for the proposed site and further demonstrate that the proposed transfer station is consistent with the Town's Solid Waste Management Plan. The terms of the permit may be reviewed by the Town Board from time to time to ensure that the operation is consistent with the Town of Southold Solid Waste Management Plan. C. The grant of a permit shall bind the applicant to provide the Town of Southold with the following information on an annual basis: (1) Gross tons of mixed solid waste and recyclables received. (2) Gross tons of recyclables removed from solid waste delivered. (3) Net tons of nonrecyclable solid waste reloaded onto vehicles for disposal. (4) Aggregate tonnage of all mixed solid waste and recyclables delivered to the facility, and the origin,by Town, of such tonnage. D. Prior to the issuance of a permit for a transfer station, an application for site plan approval shall be reviewed by the Planning Board of the Town of Southold. The Planning Board shall review the action under 6 NYCRR Part 617 of the State Environmental Quality Review Act and such review process shall be complete prior to the issuance of a permit under this section. Failure to comply with the terms of an approved site plan shall constitute grounds for immediate revocation of this permit. E. No permit shall issue until the applicant has submitted a route plan acceptable to the Town Board designed to indicate that traffic generated by the facility will have a minimal impact on residential streets. F. The grant and acceptance of this permit shall constitute consent to allow inspection of the premises by the Town of Southold for the purpose of ensuring compliance with the permit. Inspection shall be upon reasonable prior notice to the permit holder. G. All trucks entering the facility containing materials for transfer must be covered. H. An emergency response plan acceptable to the Town Board shall be submitted, which may be referred to local emergency responders for comment and input. I. No permit shall issue until the Town Board has held a public hearing on the application, with at least ten days notice provided to the public. J. The Town Board may approve, approve with conditions, or deny an application for a transfer station permit. The Town Board may impose such conditions or safeguards on the issuance of the transfer station permit to ensure that the proposed operation shall not have an adverse effect on the environment, the character of the area or the general welfare of the Town. Generated May 24, 2007 Page 54 r • ~ Southold Town Board- Lei Lull Bc, s Meeting of May 22, 2007 K. Nothing in this section shall exempt an applicant or facility from compliance with zoning or other requirements of the Town Code. L. No building permit shall be issued until the Town Board and Planning Board issue approvals. § 233-6.7 Penalties for offenses § 233-78. Revocation of permit and/or license. Section 4. Severability. If an section or subsection,paragraph, clause,phrase or provision of this law shall be judge invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. Q2?edao Elizabeth A.Neville Southold Town Clerk RESULT: - ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated May 24, 2007 Page 55 Kowalski, Linda From: Finnegan, Patricia Sent: Thursday, May 24, 2007 3:02 PM To: Verity, Mike; Kowalski, Linda; Terry, Mark Cc: Russell, Scott Subject: Peconic recycling and transfer Corp. /1 . -1 o) The Town Board adopted on Tuesday a Local Law adding the Transfer Station use to the Town Code in the LIO district. This is subject to the grant of a special permit by the Town Board and site plan approval by the Planning Board. I have reviewed the Planning Board's comments to the Zoning Board concerning the variance application of Peconic Recycling and Transfer Please note that a variance is not required from the no more than "60 linear feet of frontage" requirement, as the amendment to Sec 280-60 specifically exempts transfer stations from that restriction. Please let me know if I can be of any assistance with this Pat Patricia A. Finnegan Town Attorney Town of Southold Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, N.Y. 11971 1 6a0_G LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 31,2007 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, MAY 31,2007: 9:35 A.M. PECONIC RECYCLING AND TRANSFER CORP. (and COMMERCE EAST ONE, LLC by JOHN M. DIVELLO) #6030. Request for Area Variances under Sections 280-59, 280-60A and C, and Bulk Schedule, based on the Building Inspector's amended May 15, 2007 Notice of Disapproval concerning proposed building and fence construction. The Building Inspector states that the new construction will be: (1) less than the code-required minimum 75 feet from the rear property line, (2) less than the required minimum 100 feet from the front lot line adjacent to a right-of-way, (3) greater than the code limitation of 60 linear feet of frontage (width), (4) lot coverage in excess of code limitation of 20 percent of the total lot size, and (5) fence height exceeding code maximum limitation of 61/2 feet. Location of Property: Commerce Drive and Right-of-Way, Cutchogue; CTM 95-2-5. 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: May 21,2007. ZONING BOARD OF APPEALS JAMES DINIZIO,JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 A rhi? 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.KowalskWTown.Southold.ny.us Jayne.Martin a(�Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX 0,19 ( LC's6-C MEMO TO: / * 0 , 211/ DATE: ,5169-//0 RE: \?1-24, (teic,b_,t1„- ad a/ /L)o a- - jui-n / )a-161-13 --( (0),4-1-4/-°--id--- ) z6/1- (\ 0 ' ••• —_ MAILING ADDRESS: .g),41\ PLANNING BOARD MEMBERS /�ioi*a SO(t _ P.O.Box 1179 JERILYN B.WOODHOUSE �� Southold, NY 11971 Chair 1* 4 OFFICE LOCATION: KENNETH L.EDWARDS ih N ae , Town Hall Annex MARTIN H.SIDOR 4. 1� 54375 State Route 25 GEORGE D.SOLOMON qt, As -.1 1 (cor. Main Rd. &Youngs Ave.) : JOSEPH L.TOWNSEND CONTI,N i.a' Southold, NY _... ,.°. Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 12, 2007 1 Mr. Jonathan DiVello Peconic Recycling & Transfer C� 800 Wickham Avenue Mattituck, NY 11952 Re: Proposed Site Plan for Peconic Recycling & Transfer Located approximately 1,083' n/o Corporate Road, on the n/e/s/o Commerce Drive, in Cutchogu SCTM #: 1000-95 -7 Dear Mr. DiVello: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, June 11, 2007: WHEREAS, the applicant proposes a site plan for new construction of a building that includes 32,000 sq. ft. of warehouse space and 2,210 sq. ft. of office space for recycling center use on a 154,601 sq. ft. parcel in the LIO Zone located approximately 1,083' n/o Corporate Road on the n/e/s/o Commerce Drive in Cutchogue, SCTM# 1000-95-2-7; and WHEREAS, on June 6, 2006,, a formal site plan application was submitted for approval; and WHEREAS, on August 15, 2006, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law, acting under the State Environmental Quality Review Act, initiated a coordinated review under an Unlisted Action; and WHEREAS, on October 16, 2006, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law, acting under the State Environmental Quality Review Act, established itself as lead agency; and / • lrt (a.-, ;'J Peconic Recycling & Transfer Page Two June 12, 2007 WHEREAS, on April 23, 2007, Abigail A. Wickham, the attorney for the applicant, submitted a letter asking that the Southold Town Planning Board "hold this application in abeyance pending the proceedings on Lot 6" (SCTM#1000-95-2-5) and the Planning Board accepted this request; be it therefore RESOLVED, that the Southold Town Planning Board will not issue a determination of significance under SEQRA at this time and will hold the application in abeyance until the applicant withdraws the application or requests that the Planning Board proceed with the review of the application. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson cc: Abigail A. Wickham, Esq. Graham Associaties do Glenn Graham Southold Town Zoning Board of Appeals Southold Town Building Department Southold Town Board Southold Town Board of Trustees Southold Town Engineer Southold Town Solid Waste District Suffolk County Department of Health Services NYSDEC - Stony Brook New York State Department of Transportation New York State Department of Agriculture and Markets Suffolk County Water Authority Suffolk County Planning Department Suffolk County Department of Public Works Suffolk County Department of Health Services, Office of Ecology, Kimberly Shaw e. 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M,?19''-54 4(M1 44th;"" sd0Mrq!-14imigrrt4,1,,Feetop`asngle Sjau od,Ny b 179 !A,,yar4,,•at'4S85y1}Feakwater,Road, _5$363-IT`S%17---"------.------1197,1-0959 MOttihfc$; M�IQS;85204.,ur, IA,054-Mll7h r1'D,R43E ZNy ?R llf929 Request for gyariance f<om 8e4hout 280.12<(jjbased,on}the tB uildang •fits eetor;s May,2,r2'007 Notipe;of Dis= aj#proyal cppeermng;an:application for •,a biu1dmglper�n�tetp',conftriYdt a'swim- ' 10mgrpooLtvttfi&lot Coverage m excess ,.:8filthe`cddellimitation,,of 20%-Of Bus' 141888,stluale*,16t.Lorahon'of Prop- t?rip,,680 49Vestvieiv;Dnve/:Mathtiick, -CPMr139. 1"5.:-.z;;,._,.,": ;, . -, :11'.15rltlr at,DOMAS•03MRNE-and 'VERONICA'JATEJ te#603yr r a foi;Van?anc$,s'iiiid5 rSdctibh$t2M0=JJ;6B, 3ud'' 12 basediion`�the'Ebildfhg IMpectbr"s`',Febitiaty X20+20071Rehce 'Of Disatipfoval one@idinng an,e p1ia5 tion-f dlidjldingj5ejhit=t,o-conslriict --as_biiilt,a9d`'indw:-addjpqusrlterations r .,gle 1 Viii, td-flie'elCistmg sulglecfainily*Rowe g winch,are lest-tlian 35'Yegt-f oti the °ftopt lo(lie;?eethau75 feeffoftj-i.ih8 6,ukea¢,-ano`esthan"10 feetl'm a siliggesidUyardFpcatreg,o1Preperty2%l,Baiv_Avehie,(ccner),-South- •O :tozI4 ';,t ' °S,OrrI,skaol p 4e- ,BAD , > A $ yefgr Vasseuner`Scionsf280- TI-(U 4.Y.jMAY31t200'7+ 15.2.,**.,;on<an.gpphcation-dorayliuild- -" -PU13B;IC.AEAi5I 1 -- d" GS' :mQ,Jiernilt,and�t]ie But(dtng InspectoF� •)NO�T ICE.ISI5EREBYGIVEtq,put: April,190-00,<anil;lyebruary.�1;,2007 suant to$ectton"-267.of'the TowE Law •3'Notices;;1.'''t isappreval,,concerning 'and Clapfer,100-(Zpi}ing),•Cocidrot the pro)iosedttceessory,yv/linm wig P of anti -T•owgof-,SoitEbld,tbe-160:6 ,accessoryegarage locations in and hearings iyill bg,he�'1�d,by,fhetSO4TH othemtkati-he;code-reyuged,rear••afd, :ogri, pyikI:,ZdN1111GwBOARD,of .at 40135-,Cobt;tjr.ljo-a¢4g8;(a/Ic/a Mt die APREM:Srah,'tlietTownrl3al1;,53095 Road CF Nortbt�tgad),South IMem"J2oad;iR,O,.Bou 11,79 outhold,, 594:305..,+i •,,dr_i s,,,,- •- I;jawYork1119,71;()59;oOTHURSDA' ' 1140%;4-Me*014AS,:land 'i Lt ' MAY 31,2007 - '•:;,1,,-,'+•„,,: 'DRED;T,O1VONEj4#d035-Reques for 'M. 9.30 ADR 3 A)yRENCE,KEL- a Variance ui der;Setttfon.28B-15yb a ed. •LY,#6026%Refjugst fgt.0Variauce Mt. on,:th''e Bjtildmgt eefor's Marc ,21, f.-:. der Cdde;Sacti¢n 280-86,4ased on the._ 2007:Notice,�ofiblsaliprpyal'eonce g - Building.Inspect-or1's"Jdhnaryi-2,'2097 ,9n•\applscatton for,a.buddfnp-pe, -,to Notice:6fD{sappfnval"iohenuntapihi- cddstritet,ati'•de'ce2,Sorj,hof.tub/g' bo posed-gftiundhd'enrBentioti sign which struchife',in h i ard-other'tfian''a=co e- •willsbeilarger'tlianlXyvo_;giiarelfeetdn -requiied'redi`yai'disauillpropoikinki in area;:at•2627.0cMam.Roatt;•-Cat-chbgue; the'frdh"t-'ydrd'.'adjacentto'Cedd': `h (2Tlf109:3-3•,-tJ',.-1 4tr,,,,'_:'''',-. -''Ioc''aftogiof'PiciPgrt 1 C163''EAatGillot -•'-9:35'p..i6l PECONIC RECYCLING •Dnve"EJbtMaiidd;CTM-38=4-18,'- AND:TRt1NSFEIt CORP'(an"d''COM; _=`t12'26PtvI:LEO`aritsSI'#i6Q28-Re- - -MERCE'EASTONE;'LLOby11014N clu,s{'fik,slVaiiiiiceundei'Se640i128d! M. DTVELLOy�#6�,030''Regdest';for 75Cj$1},4se 6iPtii6tBlildih t,I)ispeb,ffi;,s 'Area Variances•tinder Sectiones 2f0:59, ,-tI?e(iivaij%20;L005+NoUeC�bfbifaFpiSyal 286-6bA aid C,based on the:BuOdmg copcerpidg`g.apropose ;aWupmtnp pool tns"pect`dr's'Matc; 2 209 Hptrce,of ,andtjetafeil q'ip en`1n4a frd�nY and --DuaiipidyaT�concem.--,_os.t'e`dtliutld-- twitg,;a�efbacic3 t�es'�,•Riau' Iie c_dg-ie- inks.J1 Bilildin Iiispee.'crtor statestlia1` �quued,511 seetfcs'tnctl;exfroitt ps�perty Biebuildiup'con$`fr,"actioi1 -be;(lylds§ - linerpn'jt ssS3,.,gi ftt11-.41;, 1700 ttiih:75 feet'fiom theiehr- ro eri lin' -C 'a P-tFt iay.E atiS utliold,R4 :.( t r lm' p Y, f- d p toy -a tei:�-r,.. ,. 2j=ii&S th5d'10D`•feet t{ohi hhe zighirilf- ;:921t-e,:„,,,,,,1 ��" -way�ai'so a rgnf'•p=gperty tide),addc,t --,12.3P�� A . O1 eater"thad_6 tie feet'o 83fren f'O gf'lt,a •'` ` �' .� � Q"vitt az- t��-•,,. t ge, t160d7:',Request'ifo�i,a,Yarianpe,ung er (wadtl 1Logati is f4X0p<grty �1p -Sctipi 8Qi d cqn 1ng•. r. nest viper.D{}ye,pgpeArvOp,ss..8,gljt;0,47 :oto, etfd)3u} 1 f, orroad,Cutc o !#;'- dxA,47e .No 3r,F,9,•i 1 � }}"gue�M 95j2=5: ;;a ` fRPeetvi4pa,,,new,s'S1we11thg„upder,cop- ,;.,,;-likA, =,.40 R?"§KiT ;and sw911P,tOtISP9,,4-Vk p f;tle,tpud- ,CONS,+40 Bt4l,,S�;,tf6,.•-Rite- ,floor attic area tgta?fimshe ,floo6'aced, `gnest).for Variances.(1),bait d oh:tlih' determined lobe a'thirdStory under the Budding Jnspector'.s January 22,2007 Building-Inspepfor's Apnl 2;2007 No- Notice of„r1 .1aliprgvalt,-citing,,,fonner,,-Ace„o(Disapproval_f:ocahop of Prop; ,�-� " C6de Section 280.15, dd�(2)ebased on city780 Pnvate Road#17,Southold, f/ �� the current•Csode•Se°cti ii 13015 con;+•M,,q,(TM8i•3M.I il; ,ee`rnhtg•.the r -se0 2o1es1d ara i'., f2 45 PM'.i.MY and,Cl-IRISTO- - -+soustruCtnIp0k1n6 willexceettfftocodpi `4prig'R S y16004(continued;for •Jim ati n nf5411%-•fd z!ilpii6rs.litev+',r-athendjneu 'r's.Itequest,fot'VVKtft`nces 'Notice sf Disapproval cites-the forteetrf'?mtin'1t6ii'-S"ebtio''S'i 280-10, 239-15,'280. Code•`'Prbvisionsreerli.ming.-setback'-. 2i11' 9149, f based bra tire-' d he t equ ( a kca'uf e aA y r >remen[s citing 10'ft.as;h}`yl gqu�st��foF a�,�li,tjililiiig permjt and 1'tle'f amtitimiiifi s6tlidck'td 18 ft as'a Inaxt ;;t6,uilding'•lhsp#rt'tie December 26 2006 aihuttitmean�(height) Cuiient-Section --Notice qDisapprov;•tjrconcertu`pr`if(1) .280r,•LS;as.amedded lty-J,�ocal-I,as#lstates,-ra'screened/pprch�addition projiofec'at -j�liptat-tssoryl;uil4sngashallnotexceed -less,than;100 feet,fi'bm the top of the 22•feetttb-tlie-lughest'point-gf-the ridge;•, -bluff adjacenttq,th'e'liongIsland Soudd, _anti that setbacksrshall be;iiot less-than (2)'-proposed,add)trons to the existing e;, .,20.feet-"(yhedpocat68.in.a;rear• ayard,), dwelling-which,v,{dlb$lessthan'40ile'LrtF In•additinii, Vanan'p-e•isjrequested,to, frot'n 1h'e,ifront- rop'rty_ljne,and(3) - o0ia ?nita,"sces1b fp�li of,�a.• "ys�tdot(t ty' ,"8-{`,QO}tn--leeauoa -lr" ('4 f4 ari�'t}iej c$de'-re�ifue,'�i"°2l]'?•�, - -� :-: -: :.: �y, J ,fit _ 1-•+- T betion f,Pr Kray-60015`Mi`in 11otid, Ii e-4$eat o ool re e 460 No Ik't S irthold CTM 56'8 1 1' ,1 = -sP. =ititl=4-�.-��fsh-;. .,y�i0iv7b'}ve'e',Orieht;CTf4i13-1-52, _ L0 35•:at14.--C,t#ERYL,and.%Ix=.§Nrigq ara of Apjipals•will hear all -t lleiNSEI11'�#60-2' erre;,.-.. 3 Re�tSft+foi a'Van= r r{iey4on�i•+c�-thein3 repjeseutahves,deem s ahc,under,Section 0-116B, based 4'�• (tb I3e'`'Ie°5rd af.eaS hieaitng,and/or ' ion th''eVitfdingindspector s Novetdbei: Q'd_egtg 1g ft hubmit Wratten-statements 21,2006 Notice•of Disapproval and ap- I}'=,age(Gfe;,diie.,}ton'elust)n.2f each-hear- •=,!pli*Is.'�r44ttsy_f ..a--button'tgsp mhit,'-. ing.:facliill#a'ttn'g'will-not start earher C #8363 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 17th day of May, 2007. 01116j, • Principal Clerk Sworn to before me this day of7/&6L 1— 2007 D CHRISTINA VOLINPKI NOTARY PUBLIC-STATE Ot AN YORK N;; 01-W.)610050 QuoUbt,6 !n ca"�l'! County Cornm188lran Fxphas reoruoty 2B,2008 IP- � ,�i' gUfFO(,t _ ' Office Location: ,� �� 'Q ' MailingAddress 1 0�0 G%`, Town Annex/First Floor,North Fork Bank ` ti = 1 53095 Main Road 54375 Main R.-; . `or :venue) ��1, P.O. Box 1179 - Southo . 11971 y'�0,( •00' / Southold, NY 11971-0959 //�g fj/fri\.. bj'-' 6)-1APII') ----„.http://southoldtown.northfork.net f51. 47 BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631) 765-9064 TOWN MEMO TO: Planning Board FROM: James Dinizio, ZBA Chairman DATE: Aril 16 2007 SUBJ.CT: 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 280 (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 Peconic 95-2-5 6030 3/22/07 280-59 and 280- 3/7/07 Michael Rycycling & LIO Zone 60A Rear Yard Dunn, RA Transfer Setback and Corp. Area Variance (Commerce East One LLC & J. DiVello Your comments are appreciated by May 1, 2007 Thank you. / j � ,0S�FFO(� = Office Location: �� 0�� COG' Mailing Address: Town Annex/First Floor,North Fork Bank y = 1 53095 Main Road 54375 Main Road(at Youngs Avenue) ��t P.O. Box 1179 Southold,NY 11971 '4 40. / Southold,NY 11971-0959 http://southoldtown.northfork.net i BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631) 765-9064 TOWN MEMO TO: Planning Board FROM: James Dinizio, ZBA Chairman DATE: April 16, 2007 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 280 (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 Peconic 95-2-5 6030 3/22/07 280-59 and 280- 3/7/07 Michael Rycycling & LIO Zone 60A Rear Yard Dunn, RA Transfer Setback and Corp. Area Variance (Commerce East One LLC &J. DiVello Your comments are appreciated by May 1, 2007 Thank you. ,'SII ilii , �,�' OFFOL,r Office Location: 1��o�� Co Mailing Address: Town Annex/First Floor,North Fork Bank ; y • z 53095 Main Road 54375 Main Road(at Youngs Avenue) t P.O.Box 1179 Southold,NY 11971 #4, �a ��/' Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 TOWN MEMO TO: Scott Russell, Supervisor Members of the Town Board Elizabeth A. Neville, Town Clerk FROM: James Dinizio, Jr., ZBA Chairman DATE: April 16, 2007 SUBJECT: Notification of ZBA Application-DiVello/Peconic Recycling & Transfer Our Department has received and is reviewing the above-referenced application. Enclosed is a copy of the area variance application with the Building Department Notice of Disapproval. It is our understanding that the Town Board has a transfer station use application pending for this project and your review and comments would be appreciated at this time. The ZBA hearing is expected to be held on May 31, 2007. The file is available for review of additional documentation at your convenience. Thank you. - s 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 Jayne.Martin(cr�Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX o2 98 - (1--'67X MEMO TO: _fl,I b 1c__Ari )7ii1 CScq . DATE: (4&f07 RE: 2,,,e - E-6,03 , ` /E 6-6A)/C iECy SAD G 49eeo ;,79-7-e- ), W6-1012 16/6 iteof,- "- G 61)-7: RE' 10-7- el ✓'e q E G 0LA-�t 6_ TRANSMISSION VERIFICATION REPORT TIME : 06/06/2007 10:55 NAME : ZBA FAX : 6317659064 TEL : 6317651809 SER.# : BROJ3J726019 DATE,TIME 06/06 10:54 FAX NO./NAME 92988565 DURATION 00:00:46 PAGE(S) 02 RESULT OK MODE STANDARD ECM - - ------- ---- ---- - -- ------ - - 1 Revisions . 05-26-09 05-03-01 0 05-16-01 = 41;itN 07-10-01 w' SEE SEC.NO.004 10-09-01 N 296,600"' MATCH LINE MATCH LINE . 02-20-02 L , , 4, 01-26-02 1 FOR PCL.NO. 00-22-02 201 SEE SEC.NO 06-01.03 44' 084-04-001 06-06-03 i 09-20-09 -' 17 5 oT, 09-29-09 601A(c) '9I � 02-10-on N1 h J 09-20-OS TOWN OF z ti� "� h 01-27.06 SOUTHOLO a eIB3 ryi� n 8 + z ,I62 8 8 2j Io w 146.I N N 40117% BAPTIST M1 • �. CHURCH ^9 ab Iq .T'• NIII 4, 'Po I - k-2, z .12 11 t� ' '+ 1O F /< 4P. I2 „ 3r O '''..? 4‘ 'oo 4414 0 6� 7 2 -MATCH LINE 36.04 SEE SEC.NO.095 > + f�4� NN qQv 1.5 /" 3.24 �: ��/ �' CQ�i2 !RECHARGE 1i- '\ Q z,+4, 505an Oe( a 1.14 °'oe v 1.10 .0. + �� + V w1 rm'+e Oq r r sd „le ,^ 1.8 I ' 1 ii 294 : 1.4 1.94 9 3.14 3 so o Nn ' 1.10. .1 cui 1.3 n \RP 37A Ow 5 `4. °� "' 22.34 ,. NCOUNTY OF SUFFOLK 4% IDEVEIOPMEHT RIGHTS! l Po _ ly. FOR PCL NO. tT SUF- �' - SEE SEC NO COG 4- 095-04-011 _ h.1} _ 4 E ,I e sF0k 5,-, 0' FOR PCL 04)'0 vFed 4, , '50 SEE 04-NO pop1 G: 095-09-013�\ .r�0 ,1pS x '\ ?I s a.4 a, 3 , , a 2 B <i',,4,..1 , '+e - +y O 4 ,. , 2 B , e 11`41 I4 12.1 4jOL 0.) nr j to 34 7/Mc) 16-,24„ 3.91 4 . '‘.4SACRED HEART CEMETERY i, p4Tc 0 , B. n. • 4/ * 1'''k ` S I2 ,,n' ROMAN CATHOLIC CHURCH 24/ 1,E t , OF OUR LADY OF OSTRABRAMA „ 1. G 14 5 so' 12.2 It 292 800 • ,'' \FOR PCL NO ;1° 1't`SEE KCNO2 ii 102-01-002 1 MATCH 7 9.. �4�' SEE SEC.N0.If .1 A Oe 1 w �J�Q I. L Property or RI Line SOGdirisien lot No (1v Bleck limit ———- School District line ——SCH= Hydrml Distrnt line —-H—- UNLESS DRAWN OTHERWISE, ,1 E Denotes Common O.nerARE WITHIN THE FOLION — SAdlvislan Bloch/Bldq Ow (21) 0 fire putrid Urc —-F—- Refuse District Line —-R—- C ,00‘,.No Z SCHOOL 9 SERER 1 E Siptllvlsion lot Lire - Deed Dimension st toter District tins —-I—- HalorlcalOisirlcl tine —HST—— FIRE 29 NYDRAI Stream/Shore Scud Olmonslon st. Cnnty Che -- 1I01/I 45 NATER N N Light Dstrirt line —-L—- Ambulance District line—-d—- PORK 90 REFU0 D Parcel 9 23 Deed Ores 12 1 Aid) or 12.1A It.,,line —-- Park District Line —-P—- Nostevoter Dlstrkt Line—MN—- AMBULANCE NAST/ I connoted Ones 12.1 Ale) ‘91141 Law ----- Sever District Line —-s—- / 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 Jayne.MartinCa�Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX 9 P_ 1)67,26- MEMO )V 5MEMO TO: 6-,4/k, Lc)/O Aj4 Es& . DATE: O/o� _,5X)3 RE: .A,09- 6030 - oGO/0/G ieEc Gb �C Y Leo G- /60/1-2. 4/64id big / � V 3 /a7 TRANSMISSION VERIFICATION REPORT TIME : 05/25/2007 13:10 NAME : ZBA FAX : 6317659064 TEL : 6317651809 SER.# : BROJ3J726019 DATE,TIME 05/25 13:09 FAX NO./NAME 92988565 DURATION 00:00: 45 PAGE(S) 02 RESULT OK MODE STANDARD ECM LAW OFFICES WICKHAM,BRe;.SSLER,GORDON &GEASA, P.C. 13015 MAIN ROAD, P.O BOX 1424 WILLIAM WICKHAM(06-02) MAT IFI'UCK.LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE 111 LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 TELEFAX NO 631-298-8565 631-249-9480 wwblaNN a aol coin TELEFAX NO 631-249-9484 April 18, 2007 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 � _ Southold,New York 11971 rr ;(e7.;"7- - e7.`.� F'�� jai(1 s:_ ', Re: Property owned by Commerce One, LLC APR 2 0 2007 Peconic Recycling&Transfer, Inc. - tenant 560 Commerce Drive, Cutchogue, New York cN► G COW o APPEALS SCTM# 1000-9-2-5 �` Ladies and Gentlemen: Please forward notices to me as the agent for this matter, and deem the application so amended. I will forward notices to Glenn Graham, who is the architect on the project. Very my yours. Abigail A. Wickham Zba/ltr AAW/dm ZONING BOARD OF APPEAL MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net May 1, 2007 Re: Town Code Chapter 55— Public Notices for Thursday, May 31, 2007 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before May 14th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than May15th: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to- our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later May 21st, please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting during the meeting. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends. S `c-• LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 31,2007 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, MAY 31,2007: 9:35 A.M. PECONIC RECYCLING AND TRANSFER CORP. (and COMMERCE EAST ONE, LLC by JOHN M. DIVELLO) #6030. Request for Area Variances under Sections 280-59, 280-60A and C, based on the Building Inspector's March 22, 2007 Notice of Disapproval concerning proposed buildings. The Building Inspector states that the building construction will be: (1) less than 75 feet from the rear property line, (2) less than 100 feet from the right-of-way (also a front property line), and (3) greater than 60 linear feet of frontage (width). Location of Property: Commerce Drive and proposed right-of-way or road, Cutchogue; CTM 95-2-5. 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: April 30,2007. ZONING BOARD OF APPEALS JAMES DINIZIO,JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 OFFICE OF 11) ZONING BOARp OF APPEALS Office Location: North Fork Bank Building—First For, 54376 Main Ra Mailing Address: 53095 Main Road, P.O. Box 1179ungsAvenue Southold, NY 11971-0959 http://southoldtown.northfork.net Email: To us ' Jayne.Martin(a Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX t C 6 MEMO TO: DATE: b� 020 0 7 RE: P,�}- 4i, .Loo `7 14,1)-“Lo * 6,030 OFFICE OF • ZONING BOARD OF APPEALS Once Location: North Fork Bank Building—First Floor, 64376 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 119710959 h ttp://southoork.net Email: Linda.Kowalski a Town Southold nv s JaYne.Marffii - own Southold n (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX a2. 9P - &l 6d • MEMO TO: a/9/4 /0/41/4/1.1 DATE: 61/6/6'2 RE: 2.,61f 4,03D /- CO.c3/G (�C�r,/.//0 • Alii TRANSMISSION VERIFICATION REPORT TIME : 05/15/2007 14:14 NAME : ZBA FAX : 6317659064 TEL : 6317651809 SER.# : BROJ3J726019 DATE,TIME 05/15 14: 08 FAX NO./NAME 92988565 DURATION 00:01:44 PAGE(S) 07 RESULT OK MODE STANDARD ECM uTker üF HLMHIiJti The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: . 'AME : Peconic Recycling & Trans . Sta . MAP # : 95-2-5 #6030 APPEAL : Bldg Size-Setbks-Coverge- Fence FEQUEST: LIO Zone ( Recycling Center) DATE : THURSDAY, May 31 , 9 : 35 AM 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 iJCiTkE OF HEARIrk The following application will be heard by the Southold Town Board of Appeals at Town Nall, 53095 Main Road, Southold: . 'AME : Peconic Recycling & Trans . Sta . MAP # : 95-2-5 #6030 . 4-6Li c( -(2 - I APPEAL : Building Width and Setbacks, 0,-T' C(A-7 +,_ FEQUEST: LIO Zone ( Recycling Center) DATE : THURSDAY, May 31 , 9 : 35 AM 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