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1000-96.-1-11.1
NG PLA.NNI ETT OARD M MB O�'OSU�FO(�CQG Town Hall, 53095 Main Road r JR. h� y P.O. Box 1179 Chairman o Southold, New York 11971 WILLIAM J.CREMERS y 2 Fax(516) 765-3136 KENNETH L.EDWARDS Oy Telephone (516) 765-1938 GEORGE RITCHIE LATHAM,JR. RICHARD G.WARD 'tlQl �a0 Date Received Date Completed PLANNING BOARD OFFICE Filing Fee TOWN OF SOUTHOLD APPLICATION FOR CONSIDERATION OF A SITE PLAN JNew _Change of Use Re-use _Extension _Revision of Approved Site Plan //� Name of Business or Site: Lq1) CLliur(LA �. LILI SCTM#: 10010'-q(_- I- 1 1 , 1 Location: Uq() o h V fp� i -ane Address: Ao-k NV S Name of Applicant: �/ 1 . V✓ O Ah U 1pS Address of Applicant: L)Mb ld Telephone: 01 - qK - rf IS Owner of Land: bg L o h u ra t1 5-�. Agent or Person responsible for application: ! 0✓1 Kk�j Address: 1 `lcS U J()U+ ��U[� Telephone: - 1-7(yS' S 5 Site plans prepared by: _310cecrl 1) License No. -1 Q Le C"� Address: 0 . 7�)o x 10 31 p 1V42r �ecid A-)Y ) )qQ1 - a9LS Tele hone: r R:3e 2 Planning Board Site Plan Application APPLICANTS AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK 1 4 Qf� eing duly sworn, deposes and says that he resides at in the State of New York, and that he is the owner of the above property, or that he is the of the (Title) (Specify whether Partnership or Corp.) which is hereby making application; that there are no existing structures or improvements on the land which are not shown on the Site Plan; that the title to the entire parcel, Including all rights-of-way, has been clearly established and is shown on said Plan; that no part of the Plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads; that he has examined all rules and regulations adopted by the Planning Board for the filing of Site Plans and will comply with same; that the plans submitted, as approved, will not be altered or changed in any manner without the approval of the Planning Board; and that the actual physical improvements will be installed in strict accordance with the plans submitted. Signed w er) Signed �QlZ (Pa ner or C porallzicer and TI ) Swof to me thi day of �+ (Nota Public) gowy public Sraae of Now York N0. 01LO6054063 * WW In Suffolk ,tea 20 AP P^(r•-_3 Planning Board Site Plan Application Total Land Area of Site (acres or square feet) L = zoning District � j Existing Use of Site 5110 je , ��f 1L&e Proposed Uses on Site. ShoW all uses proposed and existing. Indicate which building will have which use. If more than one use Is proposed per building, Indicate square footage of fl are hat will be reserved per use. rij 0 JIN,3, rj O 5 8S5 Floor Area of Existing Structure(s) QD toss Floor Area of Proposed Structure(s) (� Percent of Lot Coverage by Building(s) W5 Percent of Lot for Parking (where applicable) p, �' Percent of Lot for Landscaping (where applicable) Has applicant been granted a variance and/or snecial exception by -- Board of Appeals - Case # &date_ Board of Trustees - Case # & date NY State Department of Environmental Conservation - Case # & date Suffolk County Department Health Services- Case # & date Case Number Name of Applicant Date of Decision Expiration Date Other Will any toxic or hazardous materials, as defined by the Suffolk County Board of Health, be ����� stored or handled at the site? IV�If so, have proper permits been obtained? Name of issuing agency Number and date of permit Issued. NO ACTION(EXCAVATION OR CONSTRUCTION)MAYBE UNDERTAKEN UNTIL APPROVAL OF SITE PLAN BY PLANNING BOARD. VIOLATORS ARE SUBJECT TO PROSECUTION. �0 (2�elut� EO 0d�_ REQui/2Fa to- 144-Ot J}Sdhg siwdf c�ov � p etff �e - o ��►� f� Site Plan Applications Public Hearings Under the current site plan application procedure, the process for reviewing a site plan application is: a public hearing is not scheduled and held by the Planning Board until after, among other things, the site plan has received a stamped Health Department approval. The applicant shall now have the following options: 1. To follow the established procedure, or 2. To have the Planning Board schedule and hold a public hearing on the site plan application and have the Planning Board vote on the proposed conditional site plan prior to the applicant receiving Health Department approval subject to the following conditions: A. The applicant hereby agrees and understands that if the site plan which receives stamped-Health Department approval differs in any way from the proposed conditional site plan on which the Planning Board held a public hearing and voted on, then the Planning Board has the right and option, if the change is material to any of the issues properly before the Planning Board, to hold a public hearing on this "revised" site plan application and review its conditional approval. B. The applicant agrees not to object to a new public hearing and Planning Board review of the revised application. Applicant Agreement on Site Plans. The applicant is aware of the terms of this approval and certifies to these terms by his/her signature below. Re: Lyo O I L)CA SCTM 00- ' r � Y Applicant Dae O Town Of Southold P.O Box 1179 ma Southold, NY 11971 S U'=�U'c- * * * RECEIPT * * * Receipt#: 0 3/22/02 B�J�/ox Subtotal ion(s): $272.50 1 Application Fees VD Check#: 3987 Total Paid: $272.50 � l AUG 2 2 2uuz " Southold Town Plalnnim Board C gvied{ si., LLC, Name: Mccarthy, Management 46520 Route 48 Southold, NY 11971 Intemal ID:61831 Clerk ID: JOYCEW ELIZABETH A. 1VEVILLE h� O� Town Hall,59095 Main Road P.O. Sox 1179 TOWN CLERK Go s York REGISTRAR OF VITAL STATISTICS 0 T' Southold, New York 11971 MARRIAGE OFFICER � � Fax ne(6 765-6145 RECORDS NUNAGENIENT OFFICER �j ��� Telephone n.no 7,65-1800 fork. FREEDOM OF INFORM4TION OFFICER �ou[holdtown.nor[hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.644 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 24,2004: WHEREAS an application has beets made by Thomas J. McCarthy for a waiver from the provisions of Local Law#3 of 2002 (and extensions thereof)entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold"pursuant to Section 6"Appeal Procedures", to permit the Planning Board to consider an application for a minor subdivision for the parcel of property known as SCTM# 1000-96-01-11.1; and WHEREAS the application involves the subdivision of a 27,748.41 sq ft parcel into 3 lots; and WHEREAS the Town Board has reviewed the file, conducted a public hearing on August 10, 2004, and considered all pertinent documents; and WHEREAS the Town Board received an updated proposal from the applicant dated August 20, 2004 and presented by the applicant at a work session of this Board on today's date, which indicates that only two of the proposed lots will be built with homes, and the third lot will be made available for open space/parkland; and WHEREAS the criteria that the applicant must meet is set forth in Section 6. (Appeal Procedure)of Local Law#3-2002 and the extensions of said Local Lav, and the section states: Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Towit. The Town Board shall take into account the existing land use in the immediate vicinity of the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resources,and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. WHEREAS the Town retained a"moratorium group"consisting of in-house and outside planners and attorneys who developed a"Comprehensive Implementation Strategy"of the Comprehensive Plan of the Town of Southold, and certain comprehensive planning currently being undertaken includes, but is not limited to, 80910 preservation of open space throughout the Town and a 60% reduction in density, clear establishment of the Hamlet Centers, and a possible Transfer of Development Rights component(a full description of the"action" is set forth in the SEQRA Resolution dated January 7, 2003 for the Southold Comprehensive Implementation Strategy which is incorporated by reference into this decision); and WHEREAS, planning work is actively proceeding during the moratorium, which was extended July 27,2004 for an additional 180 days. The issues facing the Town of Southold and possible solutions to those issues are complex. Legislative solutions have not yet been agreed upon, and the Town continues to face significant development pressure; and WHEREAS in 2003, the Town Board engaged an independent planning consultant to perform a study on the neighborhood in which this parcel is located and subsequently agreed with the conclusions that the neighborhood should be restored to its residential status. Accordingly,the Town Board rezoned this property from Light Industrial to Residential (R-40) in 2003; and WHEREAS the Town Board finds that the applicant has demonstrated an extraordinary hardship, in that his property was in contract with a local businessman, Gene Chituk, who claimed to be purchasing the property with the intention of constructing his business thereon, prior to the rezoning to residential use. He is in need of a place to locate his business and the options for such are limited. Mr. McCarthy has now proposed to develop the same residentially, and free up the capital to purchase property to locate the business elsewhere in Town; and WHEREAS the application seeks to develop residential housing in an already developed neighborhood with public water and supports the Town Board's commitment to support a wide range of housing opportunities; and WHEREAS the Town Board recognizes that this waiver will allow the applicant to proceed with the subdivision application, which will require the applicant to seek an area variance from the 0 0 Zoning Board of Appeals according to the procedures set forth in New York State Town Law and the Southold Town Code; and WHEREAS the Town Board finds that the application is not in contrast with the extensive planning initiatives being undertaken by the Town, or the Comprehensive Plan of the Town of Southold; and WHEREAS the Town Board finds that this application will not adversely affect the purpose of the Local Law# 3 of 2002 and the extensions thereof; and WHEREAS the Town Board of the Town of Southold finds that the application will not adversely affect the health, safety, or welfare of the Town of Southold; and WHEREAS the Town Board of the Town of Southold finds that the minor subdivision application is consistent with the existing land use in the surrounding area and has a minimal impact on water supply, rural character, natural resources and transportation infrastructure of the Town; and WHEREAS based on the application, all relevant documentation, the comments set forth at the public hearing on this matter, the comprehensive planning currently being undertaken by the Town, the above referenced facts, and the criteria set forth in Local Law No. 3 of 2002 and the extensions thereof, Section 6.Appeals Procedures, the applicant has met its burden pursuant to the criteria; and Be it RESOLVED by the Town Board of the Town of Southold that the application for waiver of the provisions of the moratorium is hereby approved. Elizabeth A. Neville Southold Town Clerk 0 ?�'� roll g :a r/In PLANNING BOARD MEMBERS OVAy JERILYN B.WOODHOUSE .1.� CO x P.O. Box 1179 ChairC �p Town Hall, 53095 State Route 25 Southold, New York 11971.0959 RICFLARD CAGGIANO y WILLIAM J. CREMERS rp t Telephone 163E 5 KENNETH L.H SIDARDS Fax 1631.1 765-31363136 8 NIAR '! RECEIVED PLANNING BOARD OFFICE TOWN OF SOUTHOLD AUG 9 2004 Southold town Clark To: Ms. Elizabeth Neville Town Clerk From: Jerilyn B. Woodhouse, r of Re: Petition request for a waiver rom Local Law Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling Unit(s) in the Town of Southold for the minor subdivision of Tom McCarthy at Cutchogue SCTM# 96-01-11.1. Date: August 5, 2004 The proposed action involves subdividing a 27,748.41 sq. ft. parcel (SCTM# 1000-96-1-11.1) into 3 lots; where lot 1 equals 9249 sq. ft., lot 2 equals 9249 sq. ft. and lot 3 equals 9249 sq. ft, for single family residential development. The petitioner states the following reason for the waiver: 1. In a June 23, 2004 letter to the Town Board: "extreme financial hardship'. 2. In a July 20, 2004 letter to the Planning Board: a. In response to Preservation of Farmland and Agriculture; i. "neither of the parcels are suitable for farming" b. In response to Preservation of Open Space and Recreational Space; i. "neither parcel is suitable for open space or recreation" c. In response to The Preservation of the Rural Cultural Commercial and Historic Character of the Hamlets; i. "the proposal for multiple lots...will serve to repopulate this neighborhood, create affordable housing...and stimulate investment" d. In response to Preservation of the Natural Environment i. "will not affect any undisturbed lands...and is in an area specifically designated for housing". 3. In a July 20, 2004 letter to the Planning Board; a. "This land has been involuntary converted from a business use to a residential one". b. "This involuntary conversion, a moratorium on Church Lane area, the change of zone, two pieces of yet pending litigation and a current moratorium on subdivisions have created an extreme financial hardship as well as a practical difficulty..." Land Use — The property is improved with a single family residence and is wooded . To the east and west the dominant land use is residential. Residential lots abutting the rear of the parcel range from 9,520 sq. ft. to 14,690 sq. ft. Residential lots across the existing private right-of way range from 12,040 sq. ft. to 1.52 acres (The Cutchogue Baptist Church parcel which is Z shaped and includes the right-of-way area). The Town of Southold Landfill is located to the north of the parcel and County Route 48 to the south. All residential lots in the neighborhood are currently non-conforming. Based upon such, the proposed action would not significantly deviate from the general area land use or lot sizes in the area. The subject parcels are zoned R-40 which requires a minimum size of 40,000 square feet per lot. The proposed lots do not conform to the minimum lot size within the zoning district and would require a determination from the Zoning Board of Appeals prior to any Planning Board approvals Transportation Infrastructure—The frontage of the lots is proposed on the existing 28' wide, private right-of-way. Access is proposed over the existing right-of-way. Proposed lots are expected to be covenanted to prohibit any new curb-cuts or direct access to and from County Route 48. Note, that the cumulative total of the number of lots proposed to be served by the right of way would require that the right-of-way be widened to 50' with a 24' road surface. Transportation impacts will be assessed pursuant to the State Environmental Quality Review Act Section Article 8, Part 617 and Section A106 of the Town of Southold Town Code. 0 0 Natural Resources—The parcel is currently improved. No wetlands or slopes greater than 15 percent occur on site. No known archeological sites exist on site. Natural Resources will be assessed pursuant to the State Environmental Quality Review Act Section Article 8. Part 617. Water Supply—The applicant has stated that water supply will be accomplished via extension of an existing public water main. Sanitary disposal within the proposed subdivision will be managed by on-site underground sewage leaching systems. The proposed action is not expected to significant impact the Town of Southold water supply system. However, water usage will be assessed pursuant to the State Environmental Quality Review Act Section Article 8, Part 617. Rural Character—The proposed action is located adjacent to the capped Town of Southold landfill, and embedded within an existing residential area screened by vegetation, therefore, the action is not expected to impact the rural character of the Town of Southold. Any new improvements are expected to be screened from County Route 48 and the existing homes by retaining existing vegetation. Visual impacts will be assessed pursuant to the State Environmental Quality Review Act Section Article 6, Part 617. Agricultural Lands — The proposed action will not adversely impact agricultural lands. Open Space and Recreation Space— Due to the size and location of the property, the value as open space to the community is low. Additionally, due to the private ownership of the parcel the potential for recreational use is also low. Based upon the above assessment, the proposal is not expected to cause significant, adverse impacts to water supply, agricultural lands, open space and recreational space, rural character, natural resources and transportation infrastructure. However, pursuant to Local Law Number 3 of 2002 at. al., Section 6, Item a. line 10; " The application must comply with all other applicable provisions of the Southold Town Code" to qualify for a waiver from the above referenced law. The applicant proposes nonconforming lots in the R-40 zoning district. Therefore, a determination from the Southold Zoning Board of Appeals Is required. Based upon such, the Planning Board recommends that the Town Board deny the waiver request. If you have any further questions please do not hesitate to contact Mr. Mark Terry of our office. FC9 ELIZABETH A.NEVILLE Town Hall, 53095 Main Road TOWN CLERK Z P.O. Box 1179 W • Southold,New York 11971 REGISTRAR.OF VITAL STATISTICS Fax(631) 765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER �l �� Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Supervisor& Southold Town Board Members Town Attorney Patricia Finnegan Town Planner Valerie Scopaz From: Town Clerk Elizabeth Neville Re: Request for waiver on Moratorium Date: July 7, 2004 Transmitted,please find request of 640 Church St. LLC,by Thomas J McCarthy, for a waiver to the subdivision moratorium on property located at in the Church Lane area,off County Rt 48, Cutchogue, SCTM# 1000-96-01-11.1. Please review and prepare a written report of your recommendations and findings. Thank you. I i CCARFM Y 0 anagement, Inc. 46520 Route 48, Southold, New York 11971 (631) 765-5815 (631) 765-5816 FAX RECEIVED Southold Town Board JUN 2 9 2004 Route 25 Southold , NY 11971 Southold Town Clock June 23, 2004 RE: 1000-96-1-11.1 1000-96-1-12 To the Esteemed Members of the Board: I am writing this letter to request a waiver of Moratorium for subdivision for the above referenced parcels. I am a principal in 640 Church St. LLC and an authorized agent for Mr. Angelo Stepnoski. It has been an extreme financial hardship for both Mr. Stepnoski and myself to be in a state of development limbo for the last several years. As you are aware there have been applications to the Zoning Board of Appeals for dimensional relief, issues with a moratorium on permits and ultimately a change of zone to residential use. After a groundswell of public input, debate and tough decisions, it was decided that this "Church Lane Hamlet' should remain in residential use. It is our intention to create Hamlet appropriate lots that everyone desires and to be a leading force that restores the historic development patterns and ensures the long term viability of this neighborhood. Your exemption from the moratorium will demonstrate your continued commitment to the people of Southold Town . Thank you Sincer Thomas Mc y Construction Management • General Contracting • Custom Homes J SURVEY OF PROPERTY SITUATED AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-96-01-11.1 + • 9CJ1F 1'.10' . NOYMOM 17. 1W i.: LA. kowwow \ o and Surveyor a�; • a PLANNING BOARD MEMBERS OgpFFO(.tc BENNETT ORLOWSKI,JR. P.O. Box 1179 Chairman =� 'yj� Town Hall, 53095 State Route 25 o Southold, New York 11971-0959 WILLIAM J. RICHARD J. CREM NO W Telephone(631) 765-1938 KENNETH L. EDWAR SDS O Fax(631) 765-3136 MARTIN H.SIDORy'�O,( �aQ� PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 11, 2003 Thomas McCarthy 46520 County Road 48 Southold,NY 11971 Dear Mr. McCarthy: You have submitted an application for consideration of a site plan/or an incomplete application located at 640 Church Lane in Cutchogue. On June 3, 2003 the Southold Town Board passed a local law in relation to a temporary moratorium on the issuance of approvals and or permits for the parcels of property in the LIO and LI zoning district in the"Church Lane Neighborhood and the immediate surrounding area. Enclosed please find a copy of Local Law number 11. We are holding all pending applications until the end of the moratorium. If you wish to withdraw your application please notify the Planning Board in writing. Sincerely yours, Bruno Semon Senior Site Plan Reviewer Enc. • PLANNING BOARD MEg,dFF0J/(MBERS �O C� BENNETT ORLOWSKI,JR. ��� oy P.O.Box 1179 Chairmano= .� Town Hall,53095 State Route 25 y Z Southold, New York 11971-0959 RICHARD CAGGIANO 0 Telephone(631) 765-1938 WILLIAM J.CREMERS �i O`er Fax(631) 765-3136 KENNETH L.EDWARDS MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Gerard P. Goehringer, Chairman, Zoning Board of Appeals From: Scott Hughes, Senior Environmental Planner Re: 640 Church St. LLC Application # 5084 SCTM #1000-96-1-11.1 Date: 22 August 2002 The Planning Board has reviewed the above ZBA pending application regarding the construction of an industrial building and offers the following comments and concerns. In general, Planning Board has concerns with applications that ask for multiple variances. Since this application asks for three variances it is looked upon as unfavorable. Besides the number of variances we also have issues with each of the specific variances. They are addressed below. (1) "a building frontage (width) greater than 60 ft. long:" Planning Board opposes granting variances for more construction than would normally be permitted in accordance with the zoning district's bulk schedule. This larger., than allowable building will unnecessarily impose on the surrounding homeowners. (2) "less than 70 feet from the rear lot line:" From a planning standpoint this variance would also impact adjacent residents. As offered the building is too close and offers no buffering to the • i neighbors. We had suggested for the applicant to mitigate this impact by adding to the proposed little-to-no landscaping and reducing the tremendous amount of crushed concrete parking areas. Changes submitted on an amended plan have not significantly addressed this issue. (3) "minimum specifications for safe access by fire and emergency vehicles to this lot without frontage on a town street." Access to the site is by an unimproved (graveled) 28' right-of-way owned by First Baptist Church of Cutchogue. Though requested for, we have not been provided with documentation that First Baptist has given the applicant permission to use this right of way. This permission is required to assure that access is permanently available. If use is granted, the Planning Board recommends the road be improved ("paved") to a minimum fifteen-foot width. Also, the Planning Board suggests that the protection of public health and welfare of the partially residential character of this neighborhood be given serious consideration and the non-conforming nature of the lot is a limiting factor that should not be ignored. I thank you for the opportunity to inform and recommend to the Zoning Board of Appeals. ,;�.' .. •:.: 'v "� _, �.;.. � „� .. .;, art. _ -`!7r IMANAGEMENT4rC. 4k`,ARTHY County Road 48 LETTE OF TRANSMITTAL SOUTHOLD, NEW YORK 11971 C ' +� (516) 765-5815 SATE —5 > i % JO©NO FAX (516) 765-5816 A TE w oN ` eS VI � �L'inntrV Lo�C Ji11;( �1 cK.�{o� a � � � oo - 5a 77 WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change older ❑ COPIESDATE NO, DESCRIPTION to n 1 O L f iooji1-� c 400 (P 0 2 THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE ❑ PRIN REMARKS Southold 7_:ll,. COPY TO SIGNED: PRODUCT 240T If enclosures are not as noted,kindly notify us at once. PLANNING BOARD MEMBERS gpFFO(,� BENNETT ORLOWSKI,JR. P.O.Box 1179 Chairman =� Gy� Town Hall, 53095 State Route 25 WILLIAM J.CREMERS y Southold,New York 11971-0959 KENNETH L.EDWARDS Telephone(631) 765-1938 GEORGE RITCHIE LATHAM,JR. • '� Fax(631) 765-3136 RICHARD CAGGIANO y�Ifpl y �.a0� PLANNING BOARD OFFICE TOWN OF SOUTHOLD 21 June 2002 Mr. Thomas J. McCarthy 46520 County Road 48 Southold, NY 11971 Re: 640 Church St. LLC Site Plan Application Submission SCTM# 1000-96-1-11.1 Dear Mr. McCarthy: We have received your site plan application. After review, the application was determined to be incomplete. Please provide the following changes and additions: 1) The application fee submitted ($272.50) is incorrect. qqob 5 2) On the map include: 3p0 Zoning district ------ Drainage Drainage calculations SgS-,Fb Details on lighting _ Owners of the four surrounding parcels Details on access via the 28' driveway /Calculate and locate handicapped parking spaces 3) The Planning Board also requests the plan have: A largely reduced amount of crushed concrete parking A landscaping and planting schedule Please contact this office if you have any questions regarding the above. I thank yo c W.T. Nu es (Sbnior Environmental Planner APPEALS BOARD MEMBERS O�QgOFFO(�CO • � Southold Town Hall v Gerard P. Goehringer, Chairman �� Gy.� 53095 Main Road Lydia A. Tortora y P.O. Box 1179 George Horning 1-5 ^x+ Southold, New York 11971-0959 Ruth D. Oliva A �!� ZBA Fax (631) 765-9064 Vincent Orlando l `�� Telephone(631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD TOWN MEMO TO: Mr. Bennett Orlowski, Jr., Chairman, Planning Board FROM: Jerry Goehringer, Chairman, Zoning Appeals Boar- DATE: July 24, 2002 SUBJ: Request for Planning Board Coordination Reply The following map reviews are pending before the Zoning Board of Appeals, and calendared for a public hearing and possible decision on August 22, 2002: A. Referral(s) under Site Plan Provisions: Appl. No. 5149 — New Suffolk Shipyard Project Description: Two boat rack structures Location of Property: 5775 New Suffolk Road, New Suffolk 117-5-29.1 Appl. No. 5084 -640 Church St. LLC/Chituk Pools Project Description: Pool Company with Indoor Storage Location of Property: 640 Church Lane, Cutchogue LIO Zone. Would you please forward comments or suggestions on the building layout or site issues that may be of concern to the Planning Board under the site plan or subdivision jurisdiction reviews. By way of a copy of this letter, we are also asking the applicants to contact your Department (765-1938) to determine if original maps, an application, or other documentation may be necessary for your department to commence this preliminary review. Please feel free to review the official ZBA file at anytime that is convenient for your staff. Thank you. cc: New Suffolk Shipyard c/o Patricia C. Moore, Esq. D 640 Church St. LLC c/o McCarthy Management, Inc. PaYl JUL 241u,-ti Southold Town Planning Board • • P�BB �MEJENNGORR. P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 WILLIAM J. CREMERS y Southold, New York 11971-0959 KENNETH L.EDWARDS y. /Z Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. • 'F Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD 21 June 2002 Mr. Thomas J. McCarthy 46520 County Road 48 Southold, NY 11971 Re: 640 Church St. LLC Site Plan Application Submission SCTM# 1000-96-1-11.1 Dear Mr. McCarthy: We have received your site plan application. After review, the application was determined to be incomplete. Please provide the following changes and additions: 1) The application fee submitted ($272.50) is incorrect. 2) On the map include: Zoning district Drainage calculations Details on lighting Owners of the four surrounding parcels Details on access via the 28' driveway Calculate and locate handicapped parking spaces 3) The Planning Board also requests the plan have: A largely reduced amount of crushed concrete parking A landscaping and planting schedule Please contact this office if you have any questions regarding the above. I thank yo c W.Tjue enior Environmental Planner CCAIA'%HY anagement, Inc. 46520 Route 48, Southold, New York 11971 (631) 765-5815 (631) 765-5816 FAX June 12, 2002 Town of Southold, Planning Department Route 25 Southold, NY 11971 RE: Church St. LLC. 1000-96-1-11.1 To Whom It May Concern: Enclosed, please find a completed Site Plan Application, a check in the amount of $272.50 and nine (9) copies of Site Plan on the above property. As you are aware, we are working with The ZBA, case# 5085. We are looking forward for you to review our Site Plan and receive your comments at your next Planning Board work session. Please inform us of your next work session. Th Sic Mel- rely, Thomas J. McCarth President enc. R-+fir,l r—"r1 !+F Southold Town Planning Board Construction Management • General Contracting • Custom Homes McCARTHY MANAGEMEINC. 46520 County Road 48 TRANSMITTAL SOUTHOLD, NEW YORK 11971 (516) 765.5815 DATE Oe NO FAX (516) 765-5816 nTTENTION TO WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES G S C tS (✓ cf Ci S6 �DS THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS r Z' 'Rhold1wi� 0 —an 1-11 �- COPY TO SIGNED: PRODUCT 240T n enc/osures are not as noted,kindly notify us at once. Pr5 APPEALS BOARD MEMBERS* o�OgOFFO(,��oG S-1 KF Southold Town Hall Gerard P. Goehringer, Chairman �� y 53095 Main Road o Lydia A. Tortora cooZ P.O. Box 1179 George Horning Q Southold, New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 Vincent Orlando � �� Telephone(631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Draft 6/5;final 6/6 SPECIAL MEETING THURSDAY,JUNE 6,2002 6:45 p.m. Call to Order. 1. STATE ENVIRONMENTAL QUALITY REVIEWS/DETERMINATIONS (SEORA): Type II Declarations (No further steps under State Law): (none at this time). Unlisted Declarations with Negative Effect on the Environment: (none at this time). IL PUBLIC HEARINGS (continued from previous hearine calendars): Written testimony in lieu of extensive oral testimony would be appreciated. All testimony should be limited to zoning issues properly before the Board. 7:00 p.m. Appl. No. 5084 — 640 Church St. LLC. (Received survey of existing house with access shown from C.R. 48). Await PB and submission by applicant to PB of parking, screening, and other information. ZBA Resolution necessary to calendar and advertise the amended application (Town Law Variance 280-A) to a future meeting date, and requesting applicant to proceed with Notice Requirements under Ch. 58. 7:15 p.m. Appl. No. 5068— GLENN and CHRISTINE DAWSON. 150 Broadwatedrs Road, Cutchogue; 104.40-8. (Resolution of April 18, 2002 recessed the hearing to this meeting calendar.) End of hearings. III. POSSIBLE DELIBERATIONS/DECISIONS on the followine applications: A. Carryovers from previous meeting calendars: 1) Appl. No. 5003— Kace LI, Inc. (oral concluded 2/28/02). Interpretation, and/or reversal of Building Department action, requested by applicant. 2) Appl. No. 5108 — Paul Fried. (Hearing concluded 5/16, pending corrected survey from applicant; submitted 6/4 for Board reviews.) 3) Appl. No. 5099— Mattituck Historical Society. (Hearing concluded 5/16, pending financial information from applicant.) 4) Appl. No. 5109— Lewis Family/East End Marine. (Received PB and applicant's replies 6/5/02). Paget Agenda �"�'blb • Special Meeting of June 6,2002lDA Southold Town Board of Appeals 5) Appl. No. 5098— Geert Martens and R. Murray. (Hearing concluded 5/16 pending submission of landscape plan.) B. Tonight's applications, if concluded tonight, Agenda Item II list (possible deliberations/decisions, to be determined by the Board at this time). IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Next Regular Meeting Date with public hearings: 6:15 p.m. June 20, 2002. B. V. POSSIBLE EXECUTIVE SESSION (litigation pending—t/b/d). F • • V l./ J In / 1r /AV� V May 14, 2002 Fax and Reaular Mail "92 Mr. Thomas J. McCarthy McCarthy Management, Inc. SOUtIIOIdTown 46520 C.R. 48 Planed W Southold, NY 11971 Re: 640 Church St. LLC Dear Mr. McCarthy: In reviewing the file, it was noted that the owner's title survey showing an access extending 215+-feet, from County Road 48 (Middle Road) line was missing in the variance submission. Would you please furnish our Department with an original and five prints of the available survey, which will be added to the preliminary site plan map and other information on file. Also, when completed, please confirm when an application has been reviewed by the Planning Board and the results of that procedure under the site plan regulations. Thank you. Very truly yours, 'Gerard P. Goehringer Chairman S/��oL PING BOARD MEMBER �OS�FF�(�CO • BENNETT ORLOWSKI,JR. _�.� Gy� P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 WILLIAM J.CREMERS h Z Southold, New York 11971-0959 KENNETH L.EDWARDS Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAY Memorandum To: Gerard P. Goehringer, Chairman, Zonin Board of Appeals From: Valerie Scopaz, AICP, Town Planner , Re: 640 Church Street Application No. 5084 Date: May 2, 2002 On Tuesday, April 30th, Thomas McCarthy submitted a verbal request for Planning Board input on the above-noted case. He was informed that his request was to be submitted in writing. Since the applicant has not submitted a site plan application, I am requesting a copy of all submissions by the applicant to,the ZBA files. Upon receipt of Mr. McCarthy's letter, I will put this item on the Planning Board work session for discussion. Cc: Bennett Orlowski, Jr., Chairman cCAR7ftiy anagement, Inc. 46520 Route 48, Southold, New York 11971 (631) 765-5815 (631) 765-5816 FAX April 30, 2002 Town of Southold, Planning Dept. Main Road Southold, NY 11971 RE: 1000-96-01-11.1 Dear Planning Board: We are looking forward to receive a letter of recommendation from the Town of Southold, Planning Dept. for Church St, LLC. preliminary site plan. We have applied for ZBA on the set back issues. I have enclosed a site plan and floor plan for your review. Additionally I have enclosed an alternate layout, which is also being discussed at the ZBA. Thank you. Sin y, .0 Thomas J. Mc rthy enc r pb ?W Pl+et nft 8OO1 Construction Management • General Contracting • Custom Homes I SOUTHOLD TOWN BOARD OF APPEALS TRANSCRIPT OF HEARINGS HELD APRIL 18,2002 (Prepared by Paula Quintieri) Present were: Chairman Goehringer Member Tortora Member Horning Member Oliva Member Orlando PUBLIC HEARINGS: To be inserted 6:04 p.m. Appl. No. 5084 — 640 CHURCH ST., LLC. This is a request for a Variance under Sections 100-143.A and 100-142, based on the Building Department's January 10, 2002 Notice of Disapproval. Applicant is proposing to construct a new building located in the Light Industrial Zone District, with a building frontage (width) greater than 60 fr. long, and at less than 70 feet from the rear property line, at 640 Church Lane, Cutchogue; 96-1-11.1. TOM MCCARTHY: Good evening, Tom McCarthy, McCarthy Management, Southold. I am a principle on the 640 Church St. LLC, one of the principles that owns this property, this application. The gentleman we are presently contracted to sell this property to is Mr. Gene Chituk, Chituk Pools in Cutchogue who runs a pool construction business. He is a local gentleman. He is looking for a place to operate his business out of. He is presently renting space in Cutchogue and he is looking to become an owner and put up his own building and operate out of his own site. Just a little background on how we came to this point. I happen to own this piece of property and have been before this Board numerous times and are fairly familiar with the zoning code of Chapter 110 of Southold. When Gene came to me what sort of a building can we fit on this property in order to house my business? And what I did is, I went to the zoning code book that we have and looked at what our front, side and rear yard setbacks should be and the length of the building. And I counseled Gene, and with a little bit of egg on my face at the moment, because the Building Department has sent me to the Zoning Board saying that my application is not allowable because of zoning. The zoning code, the reason why I'm here, is for a non- conforming front and rear setbacks, as well as, the distance from the street. I would like to deal with the first two issues, which is the front and the rear yard setback. The zoning code falls into the bulk schedule at the end of the code and it deals with conforming lots, in this case, light industrial district 40,000 square feet minimum lot area. For those lots that don't conform to bulk schedule, it tells us that we need to go over to 100-244 non- conforming lots. And the purpose of that section of the code is to provide minimum standards for granting the building permit for the principal buildings of lots which are Page 2,April 18,2002 ABA Puhlic Honing Tnmsciipt Town of Southold recognized by the Town under Chapter 100-24 are non-conforming and have not merged. This lot has not merged and is non-conforming because it has less than 40,000 square feet of lot area in a 40,000 square foot zone. So looking at the code it tells us, within 20,000 and 49,999 feet our front yard setback is 40 feet and our rear yard setback is 50 feet. 1 thought that was pretty unambiguous. It doesn't say, as the Building Department has determined, that these non-conforming lots are only residential non-conforming lots. The building code does not say that this is only used for residential properties. In a light industrial district, a non-conforming lot and my application I thought, complies with the front and the rear yard setback, as dictated to us in the code. The Building Inspector doesn't feel that way, and that's one of the reasons why we're here and I differ with him in that interpretation. And the very reason why the site plan, as submitted, has the front and the rear yard setbacks as they're shown, is so that we didn't need to come to this Board. That we didn't need that of a Variance. We are not looking for something that was not allowed in zoning We weren't looking to ask for anything special, we're looking to comply with the code and we're not here to say we're looking for some sort of special treatment. We're just looking to say this is what the code allows us to do, and that's what we'd like to do with this piece of property. A little bit of history, if I may on the property. The property itself was purchased by the Trustees of the First Baptist Church in Cutchogue from the McBrides and I have a deed going back to the 15th day of December 1925. I would like to just offer that the Board if I may and it shows the parcel in the works. I say the parcel in works, the Church over the course of time had sold numerous parts out of their entire parcel that they held and this is in the District 96-1 and we happen to own 11.1. But the surrounding properties in that area are all part of that parcel that they bought from McBride which was done prior to meeting the approval of the Planning Board of the Town and it was done by deed. There have been several mistakes in some of the deed descriptions, but they tended to work themselves out over time. I also submit to you, this is actually a map that the town sent to me regarding the takings at the dump, the landfill. And it actually shows these properties and it shows some of the properties that needed temporary easements from the town and it describes how we get to our piece as a private right-of-way. MEMBER OLIVA: Who owns the right-of-way? Doesn't the Church? TOM MCCARTHY: The Church owns the right-of-way. Its actually, its an unusual piece of property because of the way it had been subdivided over time. The property that the Church owns that they're left with as a remainder parcel is actually in a Z shape and they transferred out of other parcels over the course of time. And it's not very distinguishable just looking at the Tax Map initially. If you look at it highlighted, you can see where the Church still remains. So we have, in our deed, a right to travel across that 28 foot right-of-way that the Church when they sold the parcel initially, they granted the right to travel across the right-of-way to the initial holder of the property and that has been subsequently transferred down through the channel title across the years to myself. I'd like to make a clarification this evening, and that has to do with the address of the property. I've made a mistake with the address of the property and its only through a little bit of research that I found that out. I looked at the Town Property Tax Card and that's how I based my decision on how we were describing this piece of property and its Page 3,April 18,2002 ZBA Public Hearing Tmnsciipt Town of Southold listed as 640 Church Lane. Then it goes on to say that the parcel that's abutting my parcel to the east is a private road. Ijust like to offer that to you. They don't say that the parcel that's abutting my property is Church Lane. Somewhat leading into the issue of a street and where the street happens to be. I believe that the address at one point was 640 Church Lane and actually mistakeningly created the LLC and we called it Church Street. But I feel that its neither. In just going down and taking a look at any of the town records and I can't really find Church Street listed as a town road. The only thing that I can find that has some semblence to Church Street, where it is and what it is, I'm sorry Church Lane, where it is and what it is, is the picture I took this evening right in front of the Church and Church Lane is actually a piece of property that runs to the east side of the Church, not this particular right-of-way. It has a sign there. That's a view looking up Church Lane. And Church Lane came into being, it had been an access road for the Town of Southold running to the east of the church right into parcel which is now part of the landfill because the Town did not own the entire frontage that it owns on Route 48 right now. They only had an access point there when it went back and opened up to the landfill. Subsequently, they acquired other properties along Route 48 and created the entire frontage that they have. It is my opinion that Church Lane is the former access road that went back to the property in the rear which was the landfill and its not the right- of-way that we're speaking about. I have a survey from takings of what was County Road 27 and it was done Suffolk County Department of Public Works which actually shows the Town of Southold flag lot, as well as the adjacent properties on 48. This actually shows a little better detailing right at the entrance to where Church Lane comes next to the Church. CHAIRMAN: Mr. McCarthy, we need to speed this up a little. TOM MCCARTHY: The reason why I'm getting to the issue of Church Lane and the issue being where it is, is that I don't feel that it's a street and this is the third reason why I'm here. I've been denied a Building Permit because under the opinion of the principle building inspector I had more than 60 feet of frontage on a street. I don't believe I'm on a street. I believe I'm on a private right-of-way. That private right-of-way is not a street. And even Church Lane is not listed in Southold Town Roads. Which happens to go to what is a definition of a street. It needs to be listed on the Town listing. In order for the provision to apply according to the Code, it needs to be a street which is an existing Town, County, State or Highway, which we don't have, street shown on an approved sub- division, we don't have. A street shown on a map filed with the County Clerk, we don't have. And a street shown on the Town Official Map, which we don't have. MEMBER TORTORA: Sounds like you read an interpretation that this Board did a couple of years ago. TOM MCCARTHY: To be honest with you, this is my opinion. I understand we are going to hear from some of the other folks that are here tonight and have to address whatever questions,but, in my opinion, I don't feel I should be here. Page 4,April IS,2002 ZBA Public Heating Iihnsciipt Town of Southold MEMBER TORTORA: On the issue of , its going to take us time to review all of the documents, and I will, I will go through them very thoroughly to review them to see if it is an official road. If it is not an official road, and it is not a street, then the Board has in the past, usually concurred with on this. If its not on an official map, it's a private right- of-way, you have a decd to the right-of-way, then we'll go to that issue. What you're asking for is essence, is a reversal of the Building Department's determination that the bulk schedule should apply to a non-conforming lot. TOM MCCARTHY: I don't believe that I need a variance according to the code, but that's up to you to decide. I believe that I conform to the code in all three aspects of why I'm here. MEMBER TORTORA: Okay, now I'm going to cast back to Jerry in the event that the Board does not agree with you and is not willing to reverse the Building Department's determination, which you addressed the area variance so you don't have to come back. TOM MCCARTHY: I'd be happy to do that MEMBER TORTORA: For the rear yard setback and also, the width of the building because that is definitely not a reversal that it is the way it is. The third thing is to address, taking that 100 feet and knocking something off of it. TOM MCCARTHY: And what would the basis be, knocking off of it, if its not a street? MEMBER TORTORA: Because whether it's a street or not, the width of the building would still exceed the code. You're talking about the setback correct? TOM MCCARTHY: Three issues, front and rear yard setback which might conform to the non-conforming bulk schedule. The definition of a street and the portion of the code that says that you cannot have any more than 100 feet of building facing the street. We have 50 feet facing 48. MEMBER TORTORA: The Board has not dealt with this particular type of thing before, but the bottom line is that we're always required to grant the minimum variance necessary. The burden of proof is on you to prove why this building cannot less than 100 feet long. TOM MCCARTHY: If I were seeking a variance? MEMBER TORTORA: Correct. TOM MCCARTHY: In my opinion, my impression is I would be happy to speak with you regarding that, if you find that the law is not in my favor, that says that all things that are presented to you to night defines that as a street and I need to comply with the 100 foot. Page 5,April 18,2002 ZBA Public Hearing Transcript Town of Southold CHAIRMAN: I think what we can do is we can ask you to do at this point is, reduce it to writing. TOM MCCARTHY: You'd have me do that? Speaking with Mr. Chituk also this evening and the very reason why we have this particular site plan is so that we did not need a variance. There are other locations that maybe we can take and turn this building so perhaps it would be better for the neighbors across the street. But the reason why we didn't do that is we felt that we were complying with the code as it exists. We could rotate the building 90 degrees and put it up towards the northerly property line and run it parallel. Perhaps that would be better for the neighbors. CHAIRMAN: George? MEMBER HORNING: Have you approached the neighbors of this property? TOM MCCARTHY: Across the right-of-way, I'll give you a copy of my tax card which pulls it out incorrectly as well. MEMBER HORNING: I'd like to clarify that. TOM MCARTHY: Thank you. I've been so used to saying that I'm incorrect as well. The photo proves that Church Lane is on the east side of the Church. I have just have a letter from the neighbor to the rear Mr. Krudop, who recently purchased some property and had an application in front of this Board stating that he has no objection. CHAIRMAN: Mr. McCarthy I'm getting the impression that we may want to hold this over to the special meeting on May 2" , 2002, so we would like you to reduce those standards that you feel may be in germain to writing and let us have a chance to look at them, preferably by May 1st or so. Or maybe even the 30th of April. TOM MCCARTHY: I would be happy to do it. CHAIRMAN: We'll hear testimony from the nice people that came tonight that are not only the Church people but, of course, some contiguous neighbors, or adjacent. TOM MCCARTHY: Thank you very much. CHAIRMAN: Is there anybody else that would like to speak in favor? Anybody like to speak against? In the back please? DEACON FORTH: My name is Deacon Forth, from the First Baptist Church of Cutchogue. I am also a Trustee. Our main concern that the Church is the right-of-way. We were informed that Mr. McCarthy was going to make toMr. Chituk and the pool company. Our main concern about the right-of-way are the size of the trucks that are going to be driving up and down the road. Because this is the Church's right-of- way, we are responsible for the upkeep of that right-of-way. So these trucks traveling up 0 Pagc 6,April 18,2002 ZBA Public Hearing Transcript Tnwn of Southold and down the right-of-way will, of course, create damage problem, it's a right-of-way, you were the one that said it was a right-of-way, its not a street, it's a right-of-way, which we own. The other issue was if he is selling it to a pool company because its still residential, even though its light industrial, there are still people living in the area with a lot of young kids. We're concerned about the chemicals also that this pool company is going to be having. Of course, we said we have a lot of kids in the area. We don't want to make it to the point where these kids have a hard time going out and playing in their yard because of breathing the fumes of these chemicals. That's our main concern and the upkeep of this right-of-way if the trucks are traveling up and down also. MEMBER TORTORA: Have you talked to the owner about that? DEACON FORTH: No we haven't. CHAIRMAN: Okay, well we're going to have him address those issues; they may not be tonight. I'm not trying to put you off, but we have a huge agenda tonight. So we are going to run this over to the May 2"d meeting, special meeting, we'll set a time before we close this and we'll have Mr. McCarthy address those issues along with Mr. Chituk. MEMBER TORTORA: And you can come back then too. The main concern is the maintenance of the right-of-way, and any effects of the noise, dust, odor, pollution it might have on the neighborhood. CHAIRMAN: Who is speaking there? I just need you to use the microphone please? Mrs. Brown, I apologize can you, do you have trouble walking over there? HELEN BROWN: I'm quite concerned because when I moved there it was very nice for children, young children. And I do have my six grandchildren there with me. The youngest at seven years old. And the if heavy duty trucks are going to be coming in there, that's not too good for those kids to be out there playing. Children don't realize danger and the trucks are going to come in and they may not even see it. That's why I'm very concerned about it. They have to go out of that driveway, to the Main Road to catch the bus to school. And they are there all the time. So I am quite concerned, as well as being a member of the First Baptist Church Cutchogue. I think that's why we are all here. CHAIRMAN: Okay. The gentleman in the green shirt in the back, do you want to speak? ANGELO STEPNOSKI: Yes, in favor. CHAIRMAN: You want to speak in favor. ANGELO STEPNOSKI: I own an adjacent piece of property from Mr. Chituk's. CHAIRMAN: What's your name sir? • Page 7,April 18,2002 ZBA Puhllc Heanng Transcript Town of Southold ANGELO STEPNOSKI: Angelo Stepnoski. CHAIRMAN: Thank you. Mr. McCarthy, one quick question from Mrs. Tortora. MEMBER TORTORA: I don't see any landscaping on here. Have you been to the Planning Board yet? TOM MCCARTHY: No actually, we have to go through a site plan review process. MEMBER TORTORA: We do not have a letter from the Planning Board noting that in the file. TOM MCCARTHY: We went to the Planning Board of December of last year regarding some of these issues. They asked us to go to the Building Deparmtent and we met with Bob Kassner and we also met with the Board at a work session here and they asked us to work out these issues and come back to them for site plan. MEMBER TORTORA: Okay, we still need to get a letter of recommendation from the Planning Board and we do not have that in the file right now. TOM MCCARTHY: I don't know, perhaps that dropped through the cracks when Mr. Kassner left. MEMBER TORTORA: I don't know, but its very difficult for us to look at a complete picture here and review everything if they haven't at least looked at it. Because there are concerns from the neighbors about noise and dust and traffic and as far as the right-of- way is concerned, what is your response to the neighbors concerns? TOM MCCARTHY: I spoke with Mr. Chituk and he has no problem with maintaining that right-of-way. I don't think he feels he wants to put a burden on the members of the Church for something that may happen based on his traffic on the road. He has equipment that he would use to maintain that road to make sure it is safe to travel. MEMBER OLIVA: Have you discussed it with the church? TOM MCCARTHY: No, I haven't. MEMBER TORTORA: Well, maybe between now and May 2nd you can meet with the church and come up with some kind of written agreement that would be amicable to the church as well as Mr. Chituk. CHAIRMAN: Also, the ability of the trucks from Mr. Chituk's site, proposed site, when they would be going out, when they would be coming back and so on and so forth. Just so the church is aware and the neighbors are aware when the road would be heavily used. Page 8,April 18,2002 ARA Public Hcanug llansciipl Town of Southold MEMBER OLIVA: And I think they're very concerned about the storage of these chemicals. If they have any leakage, or what have you or if kids start playing around. It's a very dangerous situation. CHAIRMAN: We're going to ask them to address that. TOM MCCARTHY: It will be addressed together with the Building Department and the Fire Marshall, who has now made his presence more known and all the buildings in Southold Town and the Fire Marshall has been in my office and several other buildings around making sure that everything complies and I think he's doing a fine job. CHAIRMAN: Let me just say this to you Mr. McCarthy. It's assumed that when you run a pool company, the major portion of the pool chemicals are usually purchased at this time of the year, and then toward the fall there are lesser chemicals in the building I would assume. Is that correct? TOM MCCARTHY: To be honest with you CHAIRMAN: I need you to kind of address that. TOM MCCARTHY: I would be happy to have Gene come up and speak if you will because I can't speak to exactly how he's running that. CHAIRMAN: Mr. Chituk how are you tonight sir? GENE CHITUK: Good, as far as the chemicals go, I never really have more than a week's supply of chemicals at one time. I get a weekly supply of chemicals that last for the week. I have a separate storage container for them, with the plackards that it needs to have on there. So its legal for everybody. CHAIRMAN: Is that container, will it be inside the building, or will it be outside the building? GENE CHITUK: Well, I have the option of putting inside or outside the building. CHAIRMAN: In your opinion, is it safer inside the building or safer outside the building? I don't want you, if you can't answer the question now, I don't want you to. GENE CHITUK: I can put it inside the building and that will be covered up twice. Its not a problem. I comply to all the regulations that as far as the chemical companies are concerned. MEMBER OLIVA: Could I ask you, why do you need such a large building? GENE CHITUK: I have a,just as far as the supplies and the pool kits, this time of year I like to put inside so. Page 9,April 18,2002 ZBA Public Hem iug-1mnscripl Town of Southold MEMBER OLIVA: These are for what, above ground pools? GENE CHITUK: In-ground pools. MEMBER OLIVA: Oh, in-ground pools. GENE CHITUK: I have a truck and a trailer that I would like to just hide away. Several pieces of equipment I would like to hide away. Everybody you talk to, they never have enough space when you put up a building. So I figured I'd start with a big one. CHAIRMAN: When you refer to the pool kits, you're referring to the walls to the pool, the liner. GENE CHITUK: The pool, the liner, the skimmers, you know just various pieces of the pool. MEMBER ORLANDO: What's the containers that the chemicals come in? Are they 55 gallon drums, 5 gallons. GENE CHITUK: They're in a, as far as the liquid chlorine, its in a box. But its 16 inches by 16 inches square; four gallons of this liquid chlorine is in this box and each box is marked. MEMBER ORLANDO: So its manageable? GENE CHITUK: Exactly. MEMBER ORLANDO: So you don't do 55 gallon drums? GENE CHITUK: No 55 gallon drums, not even 5 gallon drums. It just makes it easier for us too. CHAIRMAN: Any other questions of Mr. Chituk? Okay, thank you sir. We appreciate it. Reverend you had a question back there? REVEREND: Yes. CHAIRMAN: I think we saw you last time when we were granting you the new church. REVEREND: My name is Reverend Comeillus. Our concern is that the people in the Town of Southold, especially the First Baptist Church of Cutchogue. Now why I'm concerned I know, the concern of what you have in there and who is in danger and what surrounds the building. I've been in this church for thirteen years and we been working here with the landfill (inaudible). We have talked to the highway department about coming into the landfill and since I've been there, several accidents have happened. Page 10,April 18,2002 ZBA Public Hcaling Iransciipl Town of Southold Right there at the church, right at the door of the church. My concern now about the landfill on one side and, but now you got a building coming up on the other side. So my real concern are about the people around the church and the people that stand there, are the children like sister Helen Brown was saying. And the chemicals. Now you are going to have more traffic and you're also going to have chemical on one side. But we worship there, we have congregation there, we have people coming from all over there. We have Sunday school there, children, so my concern about that little area right there, that little area is not a big area. So a whole lot of big trucks, or a whole lot of big construction, because right now you are trying to get the landfill. It's just like all of a sudden we just can't squeeze any people, the people that worship there, people that live there. We are concerned. I'm concerned about the chemicals, the building (inaudible). And yet the highway department had not really made it safe on that road. We still have accidents, bad accidents on that road. Nobody has really done anything about it. CHAIRMAN: Its mainly because it's a County Road. Its not a Town Road. REVEREND: I understand that. But what I understand is, the child first priority, along with us as members of the church, is the safety and the whereabouts of the people of the community. I don't care if they are black, blue or white. All of our people, is the welfare and safety of the people in this community. That's what I'm all about. That's why I'm concerned about the members of the First Baptist Church. We have so many other people that we fellowship together, from all over, are coming to worship, so you endanger them, as well as us, if you don't do things properly. So that's my concern. CHAIRMAN: Reverend I have to ask you a question. Normally, we would swear someone in, but you are a man of god so we are going to put you in the same position as an attorney. It is my understanding, and you don't have to answer this question now, certainly its in the future hearing of this, it is my understanding that when you do move further down County Road 48, that the elders of this church, as they exist today, do not want to sell this church, is that correct? REVEREND: I'm quite sure that the elders still want to keep the church. CHAIRMAN: I have spoken to a couple of your parishioners and they told me at this time that, even when you do move down there this church may still be an annex to your other church. REVEREND: It's a possibility, that's right it might be. CHAIRMAN: Is that correct? REVEREND: The congregation and any Baptist have the right to vote, and once they vote, the majority always rules. And the majority of the rule of the church is to keep it there, they keep it active for restoration or whatever, then they will keep it. Its up to the congregation of the church. When we go, wherever we go, its always up to the congregation. And that's how we live, the majority always rules, because it's a people Pagc H,April I8,2002 ZBA Public Hewing Fiansciipl Town 01 Southold church, not one person, it's a people church. Whatever the people want that's what we decide to do. So there is a possibility. CHAIRMAN: Thank you very much. Alright we'll see you back on May 2"d. We want to thank everybody for their courtesy and we'll see everybody back at 7:15 on May 2"d. I'll offer that as a resolution. SEE MINUTES FOR RESOLUTION • LASER FICHE FORM 0 Planning Board Site Plans and Amended Site Plans This tem la#e is missing required user ;Che dotat, SPRe Type: Prosect Type: Site Plans Status: Application - Inactive qS SCTM # : 1000 - 96-1-11 .1 Project Name: Church Street LLC nr1 -;- Address: 640 Church Lane, Cutchogue Hamlet: Cutchopue Applicant Name: Thomas J. McCarthy Owner Name: 640 Church Street LLC Zone 1 : LI Approval Date: /4'A OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information End SP Date: Zone 2: Zone 3: Location: 640 Church Lane, Cutchopue SC Filing Date: Cand R's : Home Assoc: R and M Agreement: SCAN Date: ,I 1i PRELIMINARY SITE PLAN OF PROPERTY SITUATED AT CUTCHOGUE D TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK AUG 05 2UO2 S.C. TAX No. 1000-96-01 - 11 . 1 \ n e. SoutholdTowo SCALE 1 "=20' rie—n ng NOVEMBER 17, 1998 FEBRUARY 20, 2001 ADDED SAMUELS PARCEL : xS OCTOBER 15, 2001 ADDED SITE PLAN Q 793 .I DECEMBER 13, 2001 ADDED TOPOGRAPHICAL SURVEY JULY 10, 2002 REVISED SITE PLAN JULY 24, 2002 REMOVED TREES & ADDED PARKING NOTES JULY 30, 2002 UPDATE PER FAX DATED 7/30/02 •° ' 0 R2 f AREA = 27,748.41 sq. ft. o0b I !`Ps' 0.637 ac. �CyG AyA�ls �jo'�'T _ A. ""`11 os' Q@ .. m �`-'' NOTES: G0 _ r C: : \ 1. •°. , cfr o� . 1 . ELEVATIONS ARE REFERENCED TO AN ASSUMED DATUM EXISTING ELEVATIONS ARE SHOWN THUS: zan yp$�� a •, ' t '®�7° , a�3$.o\ , EXISTING CONTOUR LINES ARE SHOWN THUS: — — — —SD— — — — 2. ZONING USE DISTRICT: LIGHT INDUSTRIAL 3. EXISTING HOUSE AND IMPROVEMENT ARE NOT SHOWN AND SHALL BE REMOVED. ea " 4. PROPOSED 400 WATT EXTERIOR LIGHTS SHOWN THUS: moo= Qe `�• 4"6q11� • �,WIr u 5. PARKING REQUIRED BY TOWN CODE FOR LIGHT INDUSTRIAL USES IS 1 SPACE PER 500 sq. ft. OF BUILDING AREA. - , • ° 4,900 sq. ft. + 500 = 10 PARKING SPACES REQUIRED 4 !°• D a 9 PARKING SPACES + 1 HANDICAP SPACE = 10 PARKING SPACES PROVIDED 4' Q• r `, w p x4 e °• a• �7' •x5Q9 c 'm •� e 1 Rff W. F�� like - 5D.4x 4, `'�'� 1 495x (;o • '`�,, � `��, . Perya TEST HOLE DATA _ ® Y (TEST HOLE DUG BY McDONALO GEOSCIENCE ON NOVEMBER 1, 2001) N _ — - p � r ° QO '• • Y� F _ - _ _ . . Q0. w enowu sax LaM OL 1° 1 nuC Ta caA4sE wHH SWo • . a_______ __ __ _ -}--w _ S_____�__ . _ wnu los aRAVT1 sw _ cnETsx eROwu Sar uc s' 3_Z • 'a e•. ( • ' < ' ,y 500 / = ��Aj� _ wQ y � .1 4,' _ ° \°\ .. w = - r•IF, - m swase .g, Ruawx sc su ° _ - �� a 79 A 41 0.. vq �Sga '4y PALE euowN nue 'v Jrytr"F'rycf • "'� ' - \ .P° ! • ' — _ - ' �' ' ' \49 •9 _ .e m course sAvo sevs ,Zry 5Ir2 �, ° _ - - x32 TOS JJf a• ° p _ H! P 0�O/ eM",b , ° 1. 'Ki,� \' ° • T a• Oy'k 2j4> e,- xo' Pq�S "n 4Ov \ - Y 4 I , RIF S• ° v v 03 ' CL�� of sDD a I � •,O ,/��7� �O� "r��DOA ° a rV 200 0 �. TYPICAL STORMWATER UNIT (NOT TO SCALE) o CAT IRON INLET FRAME k COVER (ROCKHART #63518 TYPE 6840) FINISHED GRADE OR B' THICK REINFORCED CONC COVER UMIITNOFILED ALTEMTION OR ADDITION Ta THIS SURVEY IS A VIOLATION OF DRAINAGE SYSTEM CALCULATIONS o 4H,�A dOA ESECTI TO72DO OF THE NEW YORK STATE le' CORDEMING RUG PE DRAIN SHALLOW DOMES ARE TO BE USED THE LAND SURVEYOR'S Y MAP PIPE OR APPROVED EQUAL DOME ALL TOPS & COVERS TO BE TRAFFIC BEARING EMBOSSED SCOPIES OF THEAT IS 5 ASURUINKED SEAL OR L NOT HEOCONSIDERED V '= ARC TO BE A VALID TRUE COPY. 053 MIN A = TRIBUTARY AREA IN SQUARE FEET ONLY T CERTIFICATIONS PERSON EO HEREON SHALL RUN RVEY TO NEM UNIT R = 2" RAINFALL_ = 0.17 Ft, IS PREPARED, AND ON HIS BEHALF TO THE 8'-O' 0 = COEFFICIENT OF RUNOFF = 0 9 ONLY TO THE GOVE FOR WHOM THE BU TPUELEND COMPANY, OaVERNMEMAL ECNNA AND TENTING ISSIGNE S F THE HERENDING, AND TO THE ASSIGNEES OF TF1E LENDING INSR- CRU5HED 3/4• - 1-1/2' STONE LEACHING RINGS ALL AROUND ASPHALT PAVEMENT AREA = 6,500 sf TUTON. CERTIFICATIONS ARE NOT R REINFORCED PRECAST CQNC FUILDING AREA = 5,635 sf HT OF WAYS 4000 PSI B 28 DAYS 12,135 sf AND/OR EASEMENTS OF RECORD, IF 12,13ANY, NOT 5 sf X 0.17 X 09 = 1,857 cf THE SNOT SCE OF RG SHOWN ARE NOT GUARANTEED. 3'_0• 3'-D' :1,857/42.24 = 44 vlf recd (ml°J 4- (mm 7 PROVIDE (4) W-O" DIA X 12'-0" DEPTH DRAINAGE POOLS PREPARED IN CORDANCE WITH THE MINIMUM BY THE U4 F TITLE SURVEYS OVE AS D ADOPTED DO TED Joseph A. Ingegno 48 VIf PROVIDED FOR UCW AND E NEW Yo ARID AOE ND FOR TA§Si l THE New rTRrc syATE LwD GROUND WATER _ _ Land Surveyor PROPOSED B' clla X I2' DEEP �� STORM DRAIN AITH OPEN &RATE Title Surveys - Subdivisions - Site Plane - Construction Layout L 1 PROPOSED Bdla X 12' DEEP , \® / sroRM DRAIN WITH coNc. covER \ r„�r� PHONE (631)727-2090 Fax (631)727-1727 u OFFlCES LOCATED AT MAILING ADDRESS N.Y S. Lic No 49668 1380 Roanoke Avenue P.O. Bax 1931 Riverhead, New York 11901 Riverhead. New York 11901-0965 98-270F PRELIMINARY SITE PLAN OF PROPERTY SITUATED AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK s S.C. TAX No. 1000-96-01 - 11 . 1 SCALE 1 "=20' ao' 30•• NOVEMBER 17, 1998 F FEBRUARY 20, 2001 ADDED SAMUELS PARCEL °, •A • OCTOBER 15, 2001 ADDED SITE PLAN e 00 ,,,,pppp rp5� 2e• IS jsr �a o e. G 4. �,y�o ,n, .•. AREA = 27,748.41 sq. ft. °1` aD, "'� GPo 9f 0.637 GO. MAY 0 6 2002 N r > ° w0" cGT SouthoidToWn y� r n�0C� Planning Board ° ^, w • n p0 �, � E � p• W F tie c-•� y.Sr� �EG� _ ; A,►, •• p0 53 X93 Oy N . ..,- 6. • s. JI Al 793 aw b ya - xt 0¢41 S0 O\ �S• GrNo� � � { TO SURVEY ALTERATION OR ADDITION U THIS SURVEY T A VON OR DI SECTION 7209 OF HE NEW YGIX STATE O OUCATIOUW CCOPIES OFF THIS SURVEY NM NOT REMIND R OV THE VNO SURYEYDIYS INKED E (X OR TOBEEMBEDDED SELL RUE C NOT BE COH90ERm TO 9E A VALlO TRUE COR'. CERTIFICARONS INDICATED HEREON SHALL RUN ,a ONLY TO THE PERSON FOR WHOM THE SURVEY ,} Is PREPMED, AND ON HE RG14F TO NSE N TRUE CONPANI, GOVERrTMEMN. AGENCY AND MD v'�0 ` Q LENDING INSTRUTION USTEO HEREON. S 1 •OQ TO THE ASSIGNEES OF ME LENDING INST— SON TUDON. CORTFICATIONS ME NOT TRMSFERMUL QP� alb o N THE EXISTENCE OF RIGHTS OF WAY AA�_ AND100TH EASEMENTS OF REOORD, IF 2pAe A+ R-�2' ANYOWN ARE NOT GUARANTEED. 000-- PREPARED ACLOROMC WRH AS ESTHI��D �R HE YORK Joseph A. Ingegno ` ' - Land Surveyor d �SO0 TRIe Surveys — Subdivieione — Site Plane — Construction Layout A rrOC, p, O� PHONE (631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT NAILING ADDRESS N.Y.S. Lic, No. 49668 1380 ROANONE AVENUE P.O. Bas 1931 RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 98-270A