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HomeMy WebLinkAbout4938 S3 {..I r',J(A./ YV .eA:, c:J-d- J- QI,,.. ~ LA. I ~ I 1:1= C/'l~<;j'Ad-t} /.j f? Vvb b ~ Sf rucrJ.LY'C--i cPr, co rrv~ &...-/6- - al> Pon c!.. 0,., ~ cf.. ~; / \t[J. . . FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .11~rn @@DW7[gm', !I I . u\ r NOV ~ 52000 r,/ II ',I Ii'! I :'\1' . DATE; October 20.2000 TO Patricia Moore NC LIP A 51020 Main Road Southo1d NY 11971 Please take notice that your application dated October 4. 2000 For permit for fence enclosure at Location of property Main Road Greenport (west of Chapel Lane) County Tax Map No. 1000 - Section ~ Blockl Lot -.ll Subdivision Filed Map # Lot # Is returned herewith and disapproved on the following grounds; Fence enclosure, in LB zone, not permitted pursuant to Article Section 100-231A which states; When located in the front vard of nonresidential zones. the same shall not exceed six (6) feet in height. Proposed fence indicated as 7 ( seven) feet in height. 5L:~~_m - Authorize r ignature NDTES I '1 ('~ O"":s: "Y,or- ,~. ,< I .9S'~S'O. I, '''''.9.' (' I~ ~,' <~~~ /R I I~ "', I 0 "'" I I~ I , 1 10'0 l~ r~ T. o 10 I~ I~ I: ,< i~ 24.99'-V I 10 ! I~ ! (J, t I ~ I ~ I' ~ I~ 0::: XW I <I: Iw a.. . '0 I~ , 1(1) /:if 1 ) Uno.uthor"lzed otterotlon or odcltlon to Q survey Mp bearing Q licensed land surveyors 5eo.' Is: 0. violation of section 7209 ~ sub-clvlslon 2 of the N.Y. STATE Educo.tlon Low and Is Illegal. 2 ) Only copies froP'l the or~lno.l of this sLrvey ...rked with Cln ortglno.t of the land surveyor's el'tbossed s.o.t or p"W'pl. 5eo.t sho.U be yo.t1d copies . 3 ) Certifications indicated hereon signify that this survey .0$ prepared In o.ccordo.nc. with the existing Code of Pro.ctlc. for Land Strv.)'s adopted by the N.Y. State "sSoclo.tton of Professlona,l Lo.nd S.....v.yOf"'S . Saki certlFk:o.ttons shalt run only to the person for .hart the s,,"vey Is pre-pored # and on beho" to the Title corapo.ny I gov"rnMntol o.~ncy ond lending institution listed hereon and to the o.sslgnees of the lenclng nstltu1:50n . CertlFlca1:lons ore not transferable to additional institutions or s~s.qen't owners. .. ) Underground ~rov.,.urnts or encrooCMen1:s . If o.ny , or.. not shown hl'r..on . ~ . o va-. of'1 If)_ roC') v VI CHAPEL LANE --------, 'l=l 1C5 , I 0::: ~1 c;jTz v,...... \~ , S43'03'00'E 621.40' 1 -----------------------, , x-)(--. x I I I x I I x N/F LIPA SOUTHOLD GENERATING STATION 8. SUBSTATION PARCEL 389 S,C,T,M, DIST. 1000SECT, 045 BLK, lLOT 11 , I~ ,? I~ I'~ o If! -D' ~I I I , I N \ S AXISLINE x I~ x x L-Xl I x 'M UI/l '"' oM ..... :EU..... We (.0')(1)-1 .<[0.... .....0- "'e 0 . -~ U ....J ~t:;"' -.- z<=l \ , \ . DISC FILE *' CHARLIE JOB No. MAOOOl SURVEY Of LAND TO BE ACQUIRED SUFFOLK COUNTY TAX MAP PIO LOT 1.1 DIST. 1000 SECT. 053 BLK. 01 N/F MANOR GROVE CORP. SITUATED IN SOUTHOLD, TOWN Of SOUTHOLD SUfFOLK COUNTY. STATE Of NEW YORK SCALE: 1.~ 100' DATE: 3 15 QUAD No. D'w'G. FILE No. 10736 SO-82 . '1'IJDJ)/t\ IW . ~ '^ 4' )' / . . :J .J ~ I ti=~<M j PI.J._'~.-' S 1},~,-1fY' . '/ "" rrO.~ (if{;{!-~F '4jc /7 '. , I~/J - 7....... "" /.I.-r "" ') y-.l:.a"X le:,,, ru..r"t-.-fi,u.w fw.>~ ~'<>J) /J.,/t/ ((..~il'-2CUfl3Y TOWN OF SOUTlIOLD, NEW YORK APPEAL FROM DECISION OF BUILDING I~JSPECTOR APPEAL NO.4-I sf' DATE ............................. - ..,.. ~, TO THE ZONING [JOARD OF APPEALS. TOWN OF SOUTHOLD. N. Y. I, (We) ..J9(!1.-:!}!."!..'!.c:!...IJ:~<.!l!!:t.1!.~~.Iy..Of ..,8:?...~~.~(.~...Q.~:.~9.ft.?!.?...f?.!.~~J..........f. E B 2 8 _2IDtJ Nome of Appellant . Street and Number ........L!.!~.(9.().d(~..../':!..t..:..../!.{r~~2........................ ............................HEREBY APP~_'" Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISiON OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ......~IJ.!!I t;{.~../:..!1J..(!.Qr.:f./....:?~(?.<!:y......: Nome of Applicant for permit of 5fO?-V /Ykill-> Road ..5tJtAMCl/d .l-y //97/ ......................................................../........................................................................ Street and Number Municipality State ( PERMIT TO USE ( I PERMIT FOR OCCUPANCY .' ( X)'P;udc/.n1 P.ertn1t frrr Scounlrj fence. 1. LOCATION OF THE PROPERTY .............I!1(f.(J.~r....ba?/I.f:..Ct;Y.f';:.....................t::.B.Q............ Street /lIamlet / Use District on Zoning Mop ~~.~.~:..~.:.:_~~~~_.~:.::.~.~.~53 B.~.~.:~.L.~.~.~/!..Current (Mner )/L~J1Cr 6roLH' C~. Mop No. . Lot No. Prior Owner 2. PROVISION (5) OF THE ZONING ORDINA,,!CE APPEALED (Indicate the Article Section, Sub. section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance,) Article Y.i-/// Section 100<231 J. TYPE OF APPEAL Appeal is mode herewith f~r (please check appropriate box) ()(l A VARIANCE to the Zoning Ordinance or Zoning Mop 1;-eLq./Lt cf f:C/?< c . ( ) A VARIANCE due to lock of access (State o.f New York Town Low Chop. 62 Cons. La~s Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeol~ heen mode with respect to this decision of the Building Inspector or with respect to this property. Such oppeol was ()() request for 0 special permit J,NIIV- +h/~ Cl,P/'IUtfrrn ) request for 0 variance and was mode in Appeal No. ................................Doted ............................. . . , f........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection J (X) . A Variance to the Zoning Ordinance ( ) ..u C"~_..,L /' /G 7' ahc/ C(.H.~ is requ..ted for t~e reason that:~'-e." ~ r<:-rJc~ he cr{?rrfr.'rw,~t/ CZ1-l>vrJd ~ pyv:l.?/YJe"n1- tt4u/ t'.pl'/-vru.U ,erM ft~.'-7 7 r~' Form ZDl (Continue on other side) . . REAsm,1 r-ort APPEAL Conlinued 1. STRICT APPLICATION OF THE OHDII,IAI'ICE would produce praclicol difficullie, or lInnec"'. sory IIAHDSHIP because 2, The hardship crealed is UNIQUE and Is not shored by 011 properties' alike in Ihe immediole vkinilv of this property and in this use district because i 3, The Variance would observe Ihe spirit of the Ordinance and WOULD NOT CHAHGE THE CIIARACTER OF THE DISTRICT because STATE OF HEW YORI< COUI'ITY OF '5VWOIIc...- ) ) ss ) \~~\) ........................-............... Swo", to this "".""".,~""."..,,"""""",,. day of.."".004"."""....."....."'...".-M-.2e>o 0 .... .... ................................................ Public PATRICIA C. MOORE NoIlIry Public, St8te of New York Suffolk County. No. 4861668 Commission expires June 16._ . . Reason for Appeal Continued Zoning Board of Appeals re: LIPA fence Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3 (b) The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. The fence is to continue around the perimeter of the property. The property is not visible from the road and is surrounded by open land. 2 . The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The fence is security fence to continue existing 7' fence. 3. The area variance application of the balancing grant of the variance. is not substantial test weighs in favor of The the The foot equipment fence is must be required. protected from intruders, a 7' A 6' fence would be inadequate. 4. The variance will on the physical or neighborhood or district. have no adverse effect environmental conditions or impact in the 5. The alleged difficulty was not self-created. 6. The variance requested practicable given the personal the applicant. is the benefits minimum variance anticipated by . We respectfully request that together wi th any further necessary and reasonable. ~to~^Q,.~~ signature State of New York ) ss County of Suffolk ) Sworn tOJJ1_is S- day lku--t- ~oo (/~~ '--.- .' Notary Public PATRICIA C. MOORE Notary Public, State of New York Suffolk County. No. 4861668 Commission Expires June 16.7-Br>- the relief . appeal that be is granted, deemed ~WN OF SOUTHOLD, NEW YORK 4It APPLICATION FOR SPECIAL EXCEPTION Application No. Date Fil ed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), LonR Island Power Authority of A New York Corporation (Residence, House No. and Street) ton Blvd., Unionadale NY 11553 e ep one urn er hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE , SECTION 100-31 , SUBSECTION B (6) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): Public Utility structures and installations- expansion of existing facility presently on adjacent parcel owned by LIPA known as Southold Generating Station & Substation. Expanded area is subject to Lot-Line Change being 60' x 251.98'- land to be acquired is p/o 1000-53-1-1.1 (15,059 sq. ft.) A. Statement of Ownership and Interest. Manor Grove cor~. property known and re erred to as is(are) the owner(s) of vacant parcel (House No., Street, Hamlet) off of Main ROad and . Chanel Lane identified on the Suffolk County Tax Maps as District 1000, Section 53 , Block 1 Lot(s) 1.1 , which is not (is) on a subdivision Map (Filed ---- "Map of Manor Grove/LIPA lot line change " ~~~ pending and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: Utility Expansion is required to meet the ever increasing needs of services in the Town of Southold. Expansion is to existing facility on adjacent parcel. C. [ L ] ] The property which is the subject of this application is zoned r-80 is cons i stcnt with tl1euse (s ) described in the Certificate of Occupancy being furnished herewith. is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): and [ ~ is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) sS.: Ll pA /1<1N~P1-N authorized agent i~"QW\ l\ \)~ tIeL (Slgna ure) 7"'. day of Od-~ ~. this Y ZB2 (rev. 2/6/86) PATRICIA C. MOORE Notary Public, State of New Yorlc Suffolk County - No. 4861llBj:1 _ Commission expires June 16.~ . . IOO-263( GENERAL STANDARDS) A. THAT THE USE WILL NOT PREVENT THE ORDERLY AND REASONABLE USE OF ADJACENT PROPERTIES OR OF PROPERTIES IN ADJACENT USE DISTRICTS: The adjacent 6.1 acre property to the North East is owned by LIP A and is zoned LB. The property contains existing LIP A equipment such as generators, transformers, terminals and breakers. The 15,059 sq. ft. Parcel will permit the expansion of the existing facility to meet current demands to the system. The adjacent 19.8 acre residentially zoned parcel owned by Manor Grove Corp. is constrained by wetlands in proximity to the existing facility which would prevent the development of homes adjacent to the proposed facility. The r-80 zoned acreage would probably be clustered away from the utility facility and wetland area in order to maintain the heavily wooded natural vegetation. B. THAT THE USE WILL NOT PREVENT THE ORDERLY AND REASONABLE USE OF PERMITTED OR LEGALLY ESTABLISHED USES IN THE DISTRICT WHEREIN THE PROPOSED USE IS TO BE LOCATED OR ADJACENT USE DISTRICTS: The 6.1 acre adjacent parcel is already developed by LIP A and is a legally existing Utility facility. The adjacent parcels are vacant and could be developed easily with residences. The proposed expansion will not prevent the orderly and reasonable use of residential structures on adjacent parcels. C. THAT THE SAFETY, THE HEALTH, THE WELFARE, THE COMFORT, THE CONVENIENCE OR THE ORDER OF THE TOWN WILL NOT BE ADVERSELY AFFECTED BY THE PROPOSED USE AND ITS LOCATION The purpose of the expansion of the facility is to ensure the safety, health, welfare, comfort and convenience ofthe Town. The proposed expansion will enhance reliability to the existing electric needs ofthe Town. D. THAT THE USE WILL BE IN HARMONY WITH AND PROMOTE THE GENERAL PURPOSES AND INTENT OF THIS CHAPTER The utility facility will meet code requirements, low profile systems which will be approximately 30' in height and not visible from the road. Expansion of Utility facilities are generally located along existing systems and the zoning code permits the facilities in residential zoned parcels as well as commercial zoned parcels due to the diverse locations of existing facilities. E. THAT THE USE WILL BE COMPATIBLE WITH ITS SURROUNDINGS AND WITH THE CHARACTER OF THE NEIGHBORHOOD AND OF THE COMMUNITY IN GENERAL, P ARTICULARL Y WITH REGARD TO VISIBILITY, SCALE AND OVERALL APPEARANCE. . . The proposed facility will not be visible due to the heavy woods, brush and wetlands buffering the parcel from the road. The existing facility is established, and the proposed location of the expansion is the only feasible and cost effective method of expansion to the existing system. The existing system was constructed in the 1920's with upgrades and expansions as required. The needs of the community necessitate the proposed expansion. F. THAT ALL PROPOSED STRUCTURES, EQUIPMENT AND MATERIAL SHALL BE READILY ACCESSIBLE FOR FIRE & POLICE PROTECTION The existing facility is readily accessible to emergency access, the proposed expansion will utilize existing infrastructure and will continue emergency access to all equipment and facilities. A continuation ofthe existing 7 foot security fence topped with 1 foot barbed wire around perimeter ofthe property will assure continued safety to the public. The height of the fence is in compliance with state code requirements. Pursuant to section 100-264 Matters for the Southold Town Zoning Board to consider: A. The character of the existing and probable development of uses in the district and the peculiar suitability of such districts for the location of any of such permitted uses. The proposed development will be adjacent to a fully developed LIP A Utility Facility, and vacant residential parcels. The existing facility is 6.1 acres and with the expansion will be 6.4 acres in size. B. The conservation of property values and the encouragement of the most appropriate uses of land. The residential parcels surrounding the subject property are constrained by wetlands which will limit the development of the property adjacent to the utility facility. The residential parcel will experience no diminution in usefulness or value because it is over 19 acres and the development of the parcel will probably be clustered away from the utility facility and wetland areas. C. The effect that the location of the proposed use and the location that entrances and exists may have upon the creation or undue increase of vehicular traffic congestion on public streets, highways or sidewalks to assure the public safety. No addition vehicular traffic. Existing facility will provide centralized location for maintenance personnel. Existing access points will not change. D. The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effiuent. The expansion of the LIPA equipment does not require any change to the existing facilities. A bathroom is available in the existing generator building and will continue to be used by the maintenance crews. The addition equipment is unmanned and no water or sewer is required. . . E. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. None produced. F. Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. Security lighting will be installed directed toward the property. Lights are generally off until maintenance crews are on site. No Electrical discharge from additional equipment is anticipated, facility is constructed in compliance with State and Federal Codes. G. Whether the operation in pursuance ofthe use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Town or by other competent governmental agencies. The Town purchased open space to the east of the existing LIP A property. The Town land is intended to remain open and unimproved. The proposed facility will have no impact on the Town land. H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner ofthe plot sought to be used within or adjacent to the plot wherein the use shall be located. Existing facility has adequate parking for expanded facility. Proposed and existing facility is and unmanned site with periodic maintenance and inspection. Utility equipment will be placed on pervious blue stone surface, access provided around perimeter of property and facility. I. Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used thereof or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of person upon such plot. The expanded facility will continue to be monitored by LIP A "ESO" Electric Systems Operators, LIP A has compiled an emergency response program which include the Fire Departments and emergency personnel. J. Whether the use or the structures to be used thereof will cause and overcrowding of land or undue concentration of population. No change to land except continuation of existing facility with circuit breakers and equipment is intended to meet existing demand and reliability of existing systems. K. Whether the plot area is sufficient, appropriate and adequate for the use and reasonably anticipated operation and expansion thereof. Proposed additional land is adequate to meet existing needs and land was added to create minimal impact to remaining parcel. . . L. Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly. Drossos Miniature Golf and Drossos Frozen Desserts are on Route 25 approximately 200 feet south of the subject property. These uses will not be affected at all and the expanded LIP A facility will not be visible from Route 25. M. Whether the site of the proposed use is particularly suitable for such use. The proposed expansion is adjacent to the existing facility and is isolated by woods and wetlands. No better area is suitable for the proposed expansion of the existing facility. N. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. The expanded area is buffered from the Main Road and adjacent parcels by heavily wooded vegetation. The expanded facility will be fenced for security fencing and could be buffered from view with stockade fence. Adjacent to the tree line are wetlands which will limit the development of adjacent parcels. O. Whether adequate provision can and will be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the proposed use will generate. None will be generated, no structures only electrical equipment and pervious blue stone surface. P. Whether the natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption ofimportant natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. No regrading or change in the contours ofthe property is proposed. Adjacent to existing facility with minimum disturbance to .3 acres and 6 acre existing site.