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HomeMy WebLinkAbout6170 ~)/s .Main Rd. & E/s Depot La. #3322 Cutchogue, NY 3350. Lizewski , Joseph ~-k~'FZ~ ~ ~ ?H 3322- Special exception hearing to convene con- cerning establishment of racquetball/ private membership.~"~'~ ~, 3350 Variance to construct building for private ?~ ~embership with an insufficient setback ~/"/r~from the easterly property line.~;~' APPEALS BOARD MEMBERS$ Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · Re. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS . RECEIVED TOWN OF SOUTHOLD /J'[~, ~ ! 0;,ye Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DEIABERATIONS. AND DETERMINATI()N ~~. ~_.~ MEETING HELD JULY 17. 2008 Southold 1'own Cleft ZBA APPLICATION # 6170 APPLICANT/TENANT: MARITIME DAY SCHOOL CTM PARCEL# 102-2-12.6 PROPERTY LOCATION: 780 Depot Lane (and Main Road), Cutchogue, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this apphcation and determines that this review falls under the Unlisted Action category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated June 24, 2008 states that the application is considered a matter for local determination as there appears to be no significant county- wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is located in the Residential Office Zone District and is improved by an existing office, health club and preexisting residence. BASIS OF APPLICATION: Town Code, Chapter 280 (Zoning), Section 280-38B(1). SPECIAL EXCEPTION USE REQUESTED: This is a request for a special exception authorization to utilize an existing office as a Nursery School, on premises that is part of a larger site that also includes a health club and a preexisting residence. The day school will be a private preschool that will offer a theme based comprehensive half-day program for children under the age of five. The portion of the premises to be occupied by the nursery school was last occupied as a dentist's office. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 26, 2008 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, and upon review of Page 2 - July 17, 2008 ZBA # 6170 - Maritime Day School CTM 102-2-12.6 the code requirements set forth pursuant to Article XXV Section 280-142 Special Exception Uses, the Board finds and determines the following: REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and persona] inspections, the Board makes the following findings: A. The use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent usc districts. The proposcd nurscry school will occupy a vacant office space on two floors of an existing health club/offico building. No new construction is being proposcd. The school will enroll twenty-six 2, 3 and 4 year old children and will only operate its program for half a day, thereby providing a needed community service. B The use will not prevent the orderly and reasonable usc of permitted or legally established uses in the district wherein the proposcd uso is to be located or of permitted or legally established uses in adjacent usc districts. The proposcd nurscry school is a permitted use in the RO district where this property is situate and also in the adjacent R-80, R-40 and HB districts. C. The safety, health, welfare, comfort, convenience or the order of the town will not be adversely affected by the proposcd usc and its location. Educational uscs are inherently beneficial, and the proposcd nurscry school will promote rather than detract from the welfare of the community D. The use will be in harmony with and promote the general purposcs and intent of this chapter. See "B' and "C" above E. The use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale, and overall appearance. The proposcd usc will occupy existing but currently vacant structures. The size and operation of the school is modest as described in "A" above and the only visible portion of the use will be a small outdoor play area and garden. F. All proposed structures, equipment and material shall be readily accessible for fire and police protection. The owners/applicants are aware of the importance of safety for children and staff as described in the Project Narrative submitted with their apphcation and they are working with the Building Department to ensure compliance with all life safety codes. The applicants proposc to have a staff person available outdoors in the parking lot, which is improved with paving, dramage, designated parking spaces and safe ingress and egress, to ensure the safety of all children who are being dropped off or picked up from the nursery school. RESOLUTION OF THE BOARD: In considering all of the above factors, motion was offered by Member Weisman, scconded by Member Dinizio, and duly carried to Page 3 - July 17. 2008 ZBA # 6170 - Maritime Day School CTM 102-2-12.6 GRANT the Special Exception permit as applied for SUBJECT TO THE FOLLOWING CONDITION: For the safety of the children who will attend the proposed nursery school, the owners/applicants shall construct a fence enclosing any outdoor area associated with the operation of said nursery school. Vote of the Board: Ayes: Members Goehringe~.(Cl~irm~ an), O)~l-Chairwoman); Dinizio, Weisman, and Simon. This Resolution was duly adopte.~/~ ~~ ,, --"- ,, ~Gei'~rd P. Goehrin}er, fChairmqn/- ~ Approved for Filing 7-21-08// ~), b RI~CEIYED ~- $Outholcl Town Clerk FINAL MAP REVIEWED By SEE DECISION DATED c- O~'ce~ ~v~ a¥~ / Por¢~ t~ KEY MAP SCALE 1"=600' FOR SURVEY OF PROPERTY BOUNDARY LINE ALTERATION SITUATED AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-102-02-11 1000-102-02-12.1 SCALE 1"=20' JUNE 1, 2004 dULY 12, 2004 ADDED BUILDING COVERAGE OVER NEW LOT 2 LOT AREA DATA EXISTING PARCEL 1 16,772.11 sq. 1000-102-02-11 0.585 ac. EXISTING PARCEL 2 72,517.69 sq. ft. 000-102-02-12.1 1,665 ac, AREA TO BE TRANSFERED $,452.17 sq. ff. FROM PARCEL 2 TO PARCEL 1 0.079 ac. NEW PARCEL 1 20,224.28 sq. ft. 0.464 ac. NEW PARCEL 2 69,069.52 sq. ft. 1.586 TOTAL 89,289.80 sq, fi. 2.050 ac. NOTE: BUILDING LOT COVERAGE OVER NEW LOT 2 = 8,728 sq. ft. OR 12.64% OF TOTAL NEW LOT 2 AREA. (STRUCTURES INCLUDE: MAIN BUILDING WITH PORCH & ROOF OVER STOOPS, BARN & SHED) N.Y,S. Uc. No 50467 Nathan Taft Corwln III Land Surveyor PHONE (651)727-2090 Fax (63~)727-1727 PARC~-'1 2 S.C. TAX No. 1000-102-02-12.1 FINAL MAP REVIEWED BY ZBA SEE DECISION # ti 7 D DATEDO? / /~1~£ AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. / / TAX No~ 1000-102-'02-11 SOUTHOLD TOWN BOARD OF APPEALS /~~ Phone (631) 765-1809 Fax (631)765-9064 APPLICATION FOR SPECIAL EXCEPTION I (WE) hereby apply to thc ZONING BOARD OF APPEALS, Southold, New York for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE VIll, SECTION 280-38 SUBSECTION (B) (1) (incorporating Section .280-13 (B) (4)) Owner(s)(as applicant): Maritime Day School, App3-icant (Owner: Depot Enterprises, Inc. ) MailingAddress:c/o g:sseks. Hefter & Anoei. LLP. i08 East Main S~.r~et, Pdverhead, NY Telephone: (631) 3~a5)-.1_'/00 - ' '1/[901 NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Esseks, Hefter & Ange3-, LLP Authorized Representative: Anthony C. Pasca~ Esq. Address: ~[08 East Main Street., Pdverhead. New York Yii90Y Telephone: (6ql) q6q-'1700 For the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): (attach separate sheets if needed) Conversion of existing office to nursery school use. A~ Statement of Ownership and Interest: Depot Enterprises, Inc. and referred to as 780 Do.r:x~ (House No., Street, Hamlet) Depot Lane and Main Road is R~) the owner(x) of property known identified on the Suffolk County Tax Maps as Dish'ict 1000, Section 3.02 , Block 2 , Lot(s) 12,6 _, which is notl~r.) on a subdivision Map (Sffil~Ik , .~ , and has been approved by the Southold Town Panning Board on Auclu~t 10. 2004 ~ a [ .... ). xot xlne ~]~a.cataon (~ee at~ch~ resoultion) The abov~described prope~ was acquired by the owner an ~t~ber 30, 1987 . B. The applicant alleges thru the approval of this exceptian would be in h~mony with the intent and pu~ose of said zoning ordinance ~d thru the proposed use confo~s to ~e stand,ds prescribed therefore in said ordinance ~d would not be de~imental to prope~ or persons in the neighborhood for the following reasons: see attac]~ a~end~ ~d narrative. C. The prope~ which is the subject of this applicmian is zoned RO ~ ] is consistent with the use(s) described in the Ce~ificate of Occup~cy(copy a~ached). [ ] is not consistent with the Ce~ificme of Occupancy being furnished herewith for the following re.on(s): [ ] is vacant land. COUNTY OF SUFFOLK) SS,: STATE OF NEW YORK) Sworn to before me this(~ day of May (Notary }~blic) [ ZBA2 (rev. 2/06) (S~C. Pasca ,2008 This supplemental addendum is submitted to provide the Board with an expl~ as to the licensing issues involving the proposed preschool, as well as the status of the entity under which the preschool will be operated. The preschool does not require any license from the State because it is not going to operate more than three hours per day. Under the N.Y. Social Services Law, preschools that operate three hours or less are exempt from the licensing requirement otherwise applicable to child care facilities. See Social Services Law § 390. There is a separate procedure available through the State Education Department for the voluntary registration of nursery schools. The Maritime Day School has not applied for such voluntary registration, though it may do so at some time in the future. With respect to the entity that will operate the preschool, there is a pending application for the creation of a limited liability company called the Maritime Day School, LLC. The name of the entity requires approval from the State Department of Education, due to the inclusion of the term "school" in the entity name. As of the date of this addendum, that approval has not yet issued. The principals of the Maritime Day School, LLC will be Amy Burns and Britta Dominy, who will operate the school if the entity has not been officially formed as of the beginning of the school year. ProposedSpecial ExceptiOnuse Application -- Project Narrative and Description of~ ~/q ~ Maritime Day School Directors: Amy Bums Britta Dominy Proposed location: Depot Lane, Cutchogue, NY I. Overview of Proposed Use Maritime Day School is a proposed, private preschool that will offer a theme-based comprehensive half-day program for children ages two, three, and four. The school will provide families of the North Fork community with a preschool option that includes developmentally, age-appropriate exposure to literacy, social studies/world cultures, math, science, character development, movement and art enrichments, while preparing each child for the demands at the elementary level. Children will participate in lessons through play, socialization, and informal teacher-directed lessons. The Maritime Day School intends to offer families a new option in preschool education. Not only does the school intend to give children a solid foundation that acts as a stepping stone to their elementary years, but it will also be linked with the community, by offering programs which encourage investment and unity for all ages. The program is not based on the commercialization or franchising of early childhood education, but on shared concerns and values found unique to our community and state. Maritime Day School intends to seek state licensing from the New York State Education Department, as well as national accreditation from the National Association for the Education of Young Children. The following is a description of the scope of the expected program, although the expectations are naturally subject to the actual needs of the community. II. Description of Use of Site This preschool will occupy two existing units (out of four) located at 780 Depot Lane, Cutchogue, NY. The two units will be used as a single functional space. A sketch of the floor plan of the portion of the buildings to be occupied is attached for the Board's reference. The sketch shows the following interior areas of the portion of the buildings to be occupied, and their expected uses: A. First Floor: · Reception area, which will include a parent information center, children's coat and belonging cubbies, and reception office. · Four year old classroom · Three year old classroom · Science room · Art room · Utility room with sink · One adult lavatory · One child lavatory (handicapped accessible) · Conference room · Two year old classroom · Literacy/Library classroom · Math and Problem Solving room · Kitchen · Snack room · Second child lavatory B. Second Floor is accessed through unit one: · Yoga/movement room · Music room C. Outdoor Access: (Access will be through Unit One): · Fenced in play area · Flower and vegetable garden E. Storage: Within the building, there are several closets and a locked attic area for storage. F. Exits: There are a total of four exits that Maritime Day School has available to it. There are two exits that are located in the front of the building (facing the parking lot), one rear exit that leads out to play area, and an exit on the second floor that leads into the Synchronicity Racket Ball Club in the adjacent unit and out of the building. These exits can all be used as emergency exits. llI. Parking A parking area for staff and parents will be available directly outside of the two units. Additional parking is available on the premises. All parking is accessed off of Depot Lane only. To ensure the utmost safe conditions for drop off and pick ups, the following procedure will be in effect all school year. A more flexible arrival and dismissal schedule will be in place to avoid a congested parking area. Children may arrive at the building as early as 8:45am even though the students' day does not officially begin until 9:15am. · A drop-off/pick-up area will be provided for Maritime Day School families if parents choose to escort their child into or out of the school. · A staff member will be located outside in the parking area during all arrival times to assist children out of their vehicles and safely into the building. Communication between the outside staff member and another designated staff member inside of the building will take place with the use of walkie- talkies. A staff member will be located outside in the parking area during all dismissal times to assist children out of the building and safely to their vehicles. Again, walkie-talkies will be utilized for communication between staff members. IV. Staff'mg, Enrollment, Hours A. Staffing: Maritime Day School is comprised of two directors: Amy Bums and Britta Dominy. In addition to directorship roles, Mrs. Bums and Mrs. Dominy will also hold head teacher positions for the four year old and two year old classrooms. A third head teacher for the three year old class and an additional aid will be hired, for a total of four employees. B. Enrollment: Martime Day School is prepared to accommodate a maximum of twenty-six children each day, Monday through Friday. The four year old class will be comprised of no more than ten children. The three year class will hold no more than eight children, and the two year old class will be made up of no more than eight children with the assistance of an aid. C. Operating hours: Thc school calendar will follow Southold UFSD school calendar from September to June. The school also expects to offer summer pre-school programs starting in 2009. No classes will be held on the weekends. Doors will open at 8:45am for early drop-off of students. Children will be dismissed no later than 12:15. The school will remain open for business purposes, as well as serve as a planning and preparation time for the teachers until no later than 5:00pm. Later hours may result only for special family events. ADDENDUM TO ZBA APPLICATION OF MARITIME DAY SCHOOL For Special Exception Permit Under § 230-38(B)(1) Dated: May 9, 2008 This application seeks a special exception permit from the Board of Appeals under § 230-38(B)(1) of the Code of the Town of Southold to allow the Maritime Day School to utilize an existing office, located at Depot Lane and Main Road, Cutchogue, as a nursery school. The application only involves a change of use of existing space; no new construction is proposed. The building that would house the nursery school is part of a larger site that also includes a health club and a pre-existing residence. The portion of the site to be occupied by the nursery school was last occupied as a dentist's office. The subject site is located in the "RO" zoning district, where nursery schools are permitted as a special exception use. See § 230~38(B)(1), incorporating the uses set forth at section 280-13B(4), which includes "nursery school." The code defines a nursery school as follows: NURSERY SCHOOL -- A building or buildings, together with any accessory uses, buildings or structures, used as an organized instructional facility for five or more enrolled children under six years of age other than the children of the resident family and not furnishing sleeping facilities except to the resident family. As described in more detail in the annexed "Project Narrative and Description of Proposed Use," the proposed use qualifies under the code definition of "nursery school." Unlike many other special exception uses, the code does not contain any specific conditions or permit criteria that apply to nursery school uses. A body of State law does, however, create certain presumptions to which all educational uses are entitled. Additionally, to the extent that the "general standards" for special permits in section 280- 142 and the "Matters to be Considered" in section 280-143 are applicable to this application, the following will list each of the subdivisions of those sections followed by the reasons why this application meets those criteria. I. State Law Presumptions Favoring Educational Uses As explained in the annexed "Project Narrative and Description of Proposed Use," the mission of the Maritime Day School is the education of children between the ages of 2 and 5. The school is not proposed to be a "child care" facility as that term is defined in the zoning code. In fact, the school intends to seek state licensing from the New York State Education Department, as well as national accreditation from the National Association for the Education of Young Children. Educational uses, by their "very nature," have been found by the New York Court of Appeals, to be "in furtherance of the public morals and general welfare." New York Inst. of Tech., Inc. v. Boutillier, 33 N.Y.2d 125, 131,350 N.Y.S.2d 623, 629 (1973); New York Inst. of Technology v. Ruckgaber, 65 Misc.2d 241,317 N.Y.S.2d 89 (Sup. Ct. 1970). Educational institutions are presumed to be "inherently beneficial" to the public, and therefore the total exclusion of such institutions "serves no end that is reasonably related to the morals, health, welfare and safety of the community. Since a municipality's power to regulate land use is derived solely from its right to use its police power to promote these goals, such total exclusion is beyond the scope of the localities' zoning authority." Cornell Univ. v. Bagnardi, 68 N.Y.2d 583,594, 510 N.Y.S.2d 861,866 (1986)(citations omitted) If a proposed educational use would "actually detract from the public's health, safety, welfare or morals...[then] the institution may properly be denied." Cornell, 68 N.Y.2d at 595,510 N.Y.S.2d at 867. However, the beneficial effect of such uses is "presumed" and must be "rebutted with evidence of a significant impact on traffic, congestion, property values, municipal services and the like." Id.; see also Trustees of Union College v. Members of Schenectady City Council, 91 N.Y.2d 161,667 N.Y.S.2d 978 (1997)(wholly excluding educational uses from a particular district improper; applicant is entitled to opportunity to have its "presumptively beneficial educational use weighted against competing interests"); Town oflslip v. Dowling College, 275 A.D.2d 366, 367, 712 N.Y.S.2d 160, 161 (2d Dep't 2000)(educational uses enjoy special treatment with respect to residential zoning ordinances because they "presumptively serve the public's welfares and morals"). 2 H. General Special Exception Standards: §280-142 A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The proposed use, which is described in more detail in the annexed "Project Narrative and Description of Proposed Use," is of such a scope that it cannot reasonably be expected to prevent the orderly and reasonable use of adjacent properties. No new construction is proposed, and the use of the existing but vacant office will have a positive effect on the economic stability of the neighborhood. It should be noted that the Town Board has legislatively determined that "nursery schools" are permitted as special exception uses not only in the RO district where this property is situate, but in all of the Town's residential districts, including the R-80 and R-40 districts, which are adjacent to the eastern, northern, southern, and northwestern boundaries of this property, and the Hamlet Business (HB) district, which is adjacent to the southwestern border of the property. 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 of permitted or legally established uses in adjacent use See response to subdivision "A." 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. Far from having adverse effects, the purpose of this application is to allow the formation of a new nursery school, whose purpose is to fulfill a community need for preschool options. As explained above, educational uses are inherently beneficial and entitled to a presumption that they will promote, rather than detract from, the general welfare of the community. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. See response to subdivision "C." 3 E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. In addition to the general presumptions of compatibility to which this use is entitled (see above), the proposed use will be compatible with the character of the community in terms of visibility, scale, and overall appearance. The proposed use is for existing but currently vacant structures. The scale of the school, as described in the annexed narrative, is minimal, as it will consist of only three classes, with a total of 26 children. The only "visible" portion of the use will consist of a small outdoor play area and garden. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. No new structures are proposed. The applicants have been working and will work with the building department to ensure that all appropriate safety measures will be taken. III. "Matters to be Considered": § 280-143 A. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. As discussed above, educational uses are entitled to a presumption that they are consistent with the character of the community, and the Town Board has legislatively determined that nursery schools are permitted as special exception uses not only in the subject RO district, but in all of the adjacent districts (R-80, R-40, and HB). B. The conservation of property values and the encouragement of the most appropriate uses of land. Again, the nursery school is entitled to a presumption that it's use is appropriate, and that presumption can only be "rebutted with evidence of a significant impact on traffic, congestion, property values, municipal services and the like." Cornell, 68 N.Y.2d at 595, 510 N.Y.S.2d at 867. 4 C. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue increase of vehicular traffic congestion on public streets, highways or sidewalk~ to assure the public safety. The school will utilize the sole existing entrances and exits to the property from Depot Lane. The parking within the site is described further in the annexed narrative. 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 effluent (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use. The proposed use is replacing an existing use. Based on the SCDHS tables for sanitary flow, the proposed use is believed to have smaller flow requirements than the dental office it is replacing and thus requires no SCDHS permit for the change of use. See SCDHS Standards for Sewage Disposal Systems and SCDHS Policy 10 ("Change of Use"). E. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. The nursery school use will not produce any obnoxious gases, odors, smoke, or soot. F. Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. The nursery school use will not cause any disturbing emissions of electrical discharges, dust, light, vibration or noise. 5 G. Whether the operation in pursuance of the 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 use will utilize only on-site parking. 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 of the plot sought to be used within or adjacent to the plot wherein the use shall be located. The existing parking area is more than adequate for the proposed use. Additional details about the on-site parking are being provided. I. Whether a hazard to life, limb or property because of f'we, flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefor 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 persons upon such plot. The site is well suited for the small nursery school (26 students) being proposed. The school will have three exits available on the first floor (on the west, east, and south sides of the school), as well as an emergency exit available on the second floor, leading to the adjacent health club facility. J. Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. No such effect can be anticipated under these circumstances. 6 K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. The site is well-suited for the proposed use. In fact, other than minor interior renovations (e.g., the capping of plumbing used by the dental office, painting, and surfacing of floors with tiles and carpeting), the existing building requires no significant structural modifications to accommodate the use. L. Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly. The proposed use is a school and thus is consistent with all such uses. M. Whether the site of the proposed use is particularly suitable for such use. As discussed above, Applicant believes that the site is particularly suitable for the rise. 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. Given the pre-existing conditions of the site, the Applicants believe that no detrimental impacts will be created by the proposed change of use. 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. The use will not create any extraordinary waste that cannot be easily accommodated. 7 P. Whether the natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. As discussed above, the site, with its existing, vacant structures, is already well- suited for the proposed use. 8 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE June 24, 2008 JZO~,J~R~C_T_OR OF PLANNINg / Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Maritime Day School 6170 Carley 6171 Higgins 6172 Shipman/Shamrock Tree 6173 Despagni 6174 Zito 6175 Perkins 6177 Bodarchuk 6178 Stein Family Trust 6179 Pine Neck Holding 6180 G allagher 6181 Lutkowski 6185 2000 Broadwaters LLC 6186 Stork 6187 Manfredi 6188 Avdoulous 6189 Very truly yours, Thomas Isles, AICP Director of Planning TRK:cc S/sTheodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR · P.O. BOX 6100 · (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 PI~ANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND j. b~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Gerard P. Goehringer, ZBA Chairman Members of the Zoning Board of Appeals dlJlt 17 BOARD OF APPEALS From: Jerilyn B. Woodhouse, Chair Members of the Planning Board Date: June 16, 2008 Re: Maritime Day School. SCTM#102-2-12.6. ZBA# 6170 The Planning Board received your request for comments regarding the above application for a Special Exception to open a nursery school at this site. The Planning Board has not received an application for this site. Based on a preliminary review of the plans submitted with this request, it appears that parking spaces and parking lot circulation should be examined, especially as they relate to the ability to safely transfer small children. The applicant should demonstrate the number of code-compliant (both Town Code and ADA handicapped) parking spaces that can be provided in the existing parking areas, and compare that both to their own parking needs, and the needs of the two other uses in the building that will also use the site. The applicant should also provide details on the drainage system installed in the parking lot to demonstrate that it meets the Town Code for storm-water pollution prevention. If you have any questions or need additional information, please contact the Planning Department. PLANNING BOARD MEMBE~ JERILYlq B. WOODHOUSE Chair RICHARD CAGGIANO WILLIA~{ J. CREM~HS IgL~NETH L. EDWARDS MAHTII~ H. sIDeR P.O. Box 1179 Town HE1, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANN]iNG BOARD OFFICE TOWN OF SOUTHOLD August10, 2004 Mrs. Judie Lizewski 320 Depot Lane Cutchogue, NY 11935 Re: Proposed Lot Line Change for Judie Lizewski )Located on the northeast corner of Depot Lane and Rt. 25 in Cutchogue / SCTM#1000-102-2-11 & 12.1 Zoning District: RO Dear Mrs. Lizewski: The Southold Town Planning Board, at a meeting held on Monday, August 9, 2004, adopted the following resolutions: WHEREAS, this lot line amendment proposes to transfer 3,452.17 sq. ft. from Parcel 2, which is improved with a mixed-use office complex, to Parcel 1 which is improved with a single-family residence; and WHEREAS, the parcel is zoned RO and requires a minimum lot area of 40,000 sq. ft.; and WHEREAS, prior to the transfer, Parcel 1 equals 16,772.11 sq. ft. and, following the transfer, Parcel 1 would equal 20,224.28 sq. ft.; and WHEREAS, the action would increase the area of Parcel 1 and make the nonconforming parcel more conforming to the RO Zoning District; therefore, be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration; and be it FURTHER RESOLVED, that both subject parcels are in the applicants ownership and the Southold Town Planning Board hereby waives the public hearing upon this application; and be it Lizewski - Paqe Two - 8/10/04 FURTHER RESOLVED,. that the Southold Town Planning Board grant final approval upon the map, dated June 1, 2004, subject to the following recommendation: 1. The rear proper[yline of Parcel 1 bisects a frame shed; please re-locate the structure to avoid any future encroachment issues. The Planning Board is requiting that new deeds be filed reflecting the above action with the Clerk of suffolk County. Upon filing, please submit a copy to this office for our records. Enclosed please find a copy of the Negative Declaration for your records. Very truly yours, Chairperson encl. cc: Building Dept. Tax Assessors FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-31254 Date: llf~3~OS ~ CERTIFIES that the building RECREATION CENTER Location of Property: 29325 MAIN RD (HOUSE NO.) (STREET) County Tax Map No. 473889 Section 102 Block 2 Filed Map No. Lot No. Subdivision CUTCHOGUE (HAMLET) Lot 12.1 conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 27, 2004 pursuant to which Building Permit No. 30364-Z dated MAY 28, 2004 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is RECREATION CENTER AS APPLIED FOR & AS PER SE #3322 OF ZBA DATED 5/8/1985 & AS PER CERTIFICATION OF LAWRENCE TUTHILL, P.E. DATED 9/28/05. The certificate is issued to DEPOT ENTERPRISES, INC. (OWNER) of the aforesaid building. S~/FFOLK COUN~"f DEPAR~/~T OF ~F~%L~{ ~PPROV~L C-28 ELE~-rRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED 04/02/s6 N-269444 03/15/93 JOSEPH L/ iWSKI 'AutHorized Signature Rev. 1/81 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Maritime Day School Date Prepared: May 9, 2008 1. For Demolition of Existing Building Areas Please describe areas being removed: None I1. New Construction Areas (New Dwelling or New Additions/Extensions): None Dimensions of first floor extension: N/A Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): N/A ls basement or lowest floor area being constructed? lfyes, please provide height (above ground) measured from natural existing grade to first floor: N/A 111. Proposed Construction Description (Alterations or Structural Changes) - No Structurai Changes Proposed (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ~ floorst usc:~t as dentist' s office. Number of Floors and Changes WITH Alterations: TWO floors 'co l:~ :used as nurser,/ school as per attached fioor plans. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: unknown (buSldJnq lot ¢overac[e c~tual_s 8,7288q. ft. ) Proposed increase of building coverage: None Square footage of your lot: _ 69,069~52 SCl. ft. Percentage of coverage of your lot by building area: i2.64% V. Purpose of New Construction: No new construction J.s propose__d, VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): N/A Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of buihling area to be altered with yard view. 7/~:00.; 2/2005; 1/2007 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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. 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). lfany 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# i02.00 - 02.00 - 03-2.006 The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. ~ Building Dept. [] BoardofTrustees [] Zon5 ng Board of Appeals Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capilal [] construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant; loan, subsidy) (c) Permit, approval, license, certification: Special Permit Natnre and extent of action: Applicants seek a specia~ permit to a~',ow a portion of the ~xJstJn? buJ. idJng on the subjegt pro_r~rty to be used as a nursery school. No new construction Js proposed. Location of action: 320 Depot Lane and NYS Route 25, Cutchoque, NY 1.586 Site acreage:. Present land use: ccrmlerciai/residentiai/acIricuiture Present zoning classification: R0 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: Esseks, Hefter & Angel, LLP, as agent for owner (a) Name of applicant: 108 East Main Street, PO Box 279, Riverhead, NY 11901 (b) Mailing address: (c) Telephone number: AreaCode ( )_ 631-369--,700 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] 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 minitnizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No [] (Not Applicable- please explain) Application does not inviove coastal locations, open space, or new construction. Applicants are simply seeking to use existing vacant c~merciai space for a nursery school. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L'vVRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [-~ No [] (Not Applicable - please explain) Application does not Jnviove hi.storic or archaeoloqJcai resources. Attach additional sheets if necessary 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) Application does not involve scenSc resources and does not propose any new construction. Attach additional sheets if necessary 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 lbr evaluation criteria [] Yes [] No ~ (Not Applicable- please explain) Application does not propose any construction and does not c~ffect any natural resources. Attach additional sheets if necessary 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) Application wS~i not impact water quality and supply. Attach additional sheets if necessary 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) Application will not impact town ecosyst~ns. Attach additional sheets if necessary 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-z please explain) Application will not affect air quaiJty. Attach additional sheets if necessary 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) Application will not impact solid waste and will not Jnvoive hazardous substances and waste. 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) Application does not involve coastal waters, public lands, or public resources of the town. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. Sec LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) Application will not impact town's water-dependent uses, end wJil not prc~ote new water-dependent uses. Attach additional sheets if necessary 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 AppiicatJon will not affect sustaJnabie use of iJvJnqmarJne resources. Attach additional sheets if necessary Policy 12. Protect agricultural lands inChe Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable- please explain App±l.catl.on wll± not a~ect protection o~ agrlcu£tura± ian~s Jn Town o~ ~outno±~. AUach additional sheets if necessary 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-Please explain AppiJcation will not impact use and deveopment of enery and mineral resources. pROJECT I.D. NUMBER I 617.20 Appendix C Stats Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION (To be completed by Applicsnt or Project sponsor) SEQR 1, APPLICANT/SPONSOR Agent: Esseks, Hefter & Ar~el, T,T,P 3. PROJECT LOCATION: Municipality r~ o~ Southoid PROJECT NAME Maritime Day School C~nty Suffolk 41 PRECISE LOCATION (Street iddres$ and road Intersections, prominent landmarks, etc., or provide mapI 780 Depot Lane and NYS Noute 25, Cutcho~ue, Town of Southold SCTM NO. 1000-102.00-02.00-0i2. 006 [] New [] Expansion [] Modlflca!ton/alteratlon Change of Use DESCRIBE PROJECT BRIEFLY: AppiJ.c~ts seek aspeciai perr~.t to a-~icw a portion of the existing building on tt%e subject pro[~rty to be used as a nursery school. No new construction is proposed. AMOUNT OF t.ANO AFFECTED: initially ]-. 586 ac,es Ultimately 1. 586 8. WIlL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~YeS r']No liND, describe brletly Subject to special perad.t review b~v ZBA. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [~Re$tcJentlal [] Industrial l~C~mmetcJal [] Agriculture 10. ODES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Y~ [] NO It yes, list lglmcy(s) 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALJD PERMIT OR APPf~OVAL? [] Yea [] No If yes, fist agent/name And permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMmAPPROVAL REQUIRE MODIFICATION? []No Not Appiicab:Le ~ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KJ~IQWLEC~E Esseks, Hefter & Angel, LLP A~p~anUs~nsor ~l~%tl~Dny C. Pasca~ Esq. Date: Signmture .~' ' I OVER I If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment PART II--ENVIRONMENTAL ASSESSMENT (To be completed by Agency) WILL ACTtOIq RECErVE COORDINATED ~qEVIEW AS PROV DED FOR UNL STED ACT ONE N 6 NYCRR. PART 6 7 5~ It NC. a negative ceclaraho~ C COULD ACTIOI~ RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (A~wers may De han0w~,{len, il legiutel D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ~ Yes [] No E. IS THERE, OR tS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? '~ Yes [] NO If Yes, explain ~riefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine w~letller it is substantial, large, imbortant or otherwise signiticant. E&ch effect should be assessed in ¢onnec:tlon with its (a) setting (i.e. urban or rural}; (b) probability of occurring; (c) c~u,'alion; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessa~, add attachments o[ reference supporting materials. Ensure that exotanations contain sulficient detail to snow that all relevant adverse im!0aots have been identlfiecl and a(~equately addressed. If Question Dot Part I~ was checked yes, the determination and significance must evaluate the potential impact of the proposed action or~ the envi¢onmental characteristics Of the CEA. {~ Check this box if you have identified one or more potentially large or significant adverse imam,acts which MAY occur, Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: 2008 Town of Southold Zoning Board of Appeals 54375 Main Road Southold, NY 11971 Re: Premises of Depot Enterprises, Inc. Depot Lane, Cutchogue, NY Dear Sir/Madam: I, Judith Lizewski am president of Depot Enterprises, Inc., the owner of the property identified as SCTM No. 1000-102-2-12.6 in Cutchogue, New York and hereby consent to the application being made by Esseks, Hefter & Angel, LLP on behalf of Maritime Day School to operate a pre-school facility at the premises identified as SCTM #1000-102-2-12~ and owned by Depot Enterprises, Inc. Depot Enterprises, Inc. ~"'~u~. L/ze~wsi~.~sident Swp. m to before me this ~'-"Vday of May, 2008 CHARLES R. CUDDY Notm'y Public, State of New York No. 5872225 Ouallffed In Suffolk County Commlssion Expires December 31, 20/_~. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? [] Yes I~XNo B. Are there any proposals to change or alter land contours? [Xiqo 13 Yes, please explain on attached sheet. I) Are there areas that contain sand or wetland grasses? Iqo 2) Are these areas shown on the map submitted with this application? Iq/g- 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Iq/A Please confirm status of your 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? Iq/g- (No construction proposed) E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? * (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) · S~ae changes have bean made to the parking Zot and walkway as shown in attached F. Do you have any construction taking place at this time concerning your premises? No d5 a~crr~an. 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? No If yes, please label the proximity of your lands on 5. our map with this application. H. Please list present use or operations conducted at this parcel health club and vacant office _~ and proposed use health club and nursery school : single-family; proposed: same with garage or pool, or other description.) ;%uthori)~efiVSignature and Date 2/05; 1/07 Antho~ C. Pasca, Esq. Esseks, Hefter & Angel, I,I,P May 7, 2008 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMI.gSION BY OWNER andOWNER'S AGENT) 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. YOURNAME: (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 Special Exception ~ If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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" includes 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 than 5% of the shares. YES NO / Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position o£that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe 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 the 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 of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submirtedthis :~' dayof X'/'°,~/ Signamre:c~~- .~ ~. ~'~ Print N aa~__----~-----/~' LISA J. Ross EsseK$, HEFTeR & ANGEL, LLP COUNSELORS AT LAw io8 EAST MAIN STREET P. O. Box 279 RIVERHEAD, N.Y. 11901-0279 (631) 3691700 TELECOPIER NUMBER (631) 369-2065 June 24, 2008 WATER MILL OFFICE MONTAUK HIGHWAY P. O. Box 570 WATER MILL, N.Y. ll976 (631) 726-6633 Hand Delivered Town of Southold Zoning Board of Appeals PO Box 1179 Southold, NY 11971 2 4 2OO8 B__OARD OF APPEALS Re: Application qfl Maritime Day School ZBA File No. 6170 Premises: Depot Lane and Main Road Cutchogue, New York Hearing Date: June 26, 2008 Dear Chairman Goehringer and Members of the Board: In consideration of the application of Maritime Day School for a special exception permit, xve are submitting the attached photographs of the site. We had intended to supply these photographs earlier, but chose to wait until some improvements had been made to the parking lot. Nevcrthclcss, we wanted to have these photographs submitted ahead of the hearing so that the board would have them available in case there are any questions about the site. We look forward to discussing the application with the board on Thursday. /bws Enclosurcs N~CA B, Strunk LISA J, Ross ESSEKS, HeFTeR & ANGel, LLP COUNSELORS at LAW P. O. Box 279 RIVeRHEAD, N.Y. 11901-0279 (631) 369 1700 May 30, 2008 WATER MILL OFFICE MONTAUK HIGHWAY P. O. Box 570 WATER MILL, N.Y. 11976 (631) 726-6633 Town of Southold Zoning Board of Appeals 54375 Main Road Southold, NY 11971 Attention: Linda Kowalski Re: Application of Maritime Day School ZBA File No. 6170 Premises: Depot Lane and Main Road Cutchogue, New York SCTMNo.: 1000-102.00-02.00-012.006 Dear Ms. Kowalski: Relative to the above application, please find enclosed Affidavit of Mailings with copies of the cover letters, Legal Notice, and survey/site plan sent to each recipient, and a list of the names, addresses and parcel numbers of said recipients, along with the certified mail receipts attached. We will forward the green cards upon receipt. Should you have any questions, please feel free to contact me. Anth6~y C. Pasca /lOWS Enclosures NICA B, STRUNK THEODORE D. SKLAR ESSEKS, HEFTER <~ ANGEL, LLP CounseLORS AT LAW 108 EAST MArN STreet P. O. Box 279 RIVErHEAD, N.Y. 11901-0279 May 22, 2008 Via Hand Delivery Town of Southold Zoning Board of Appeals 54375 Main Road Southold, NY 11971 Attention: Linda Kowalski Re: Application of Maritime Day School Premises: 780 Depot Lane Cutchogue, New York SCTM No.: 1000-102.00-02.00-012.006 Dear Ms. Kowalski: As per your request for additional information, I am enclosing herewith seven copies of the following: (1) an authorization/consent of Amy Bums, co-principal of the Maritime Day School, and (2) a "Supplemental Addendum" to the application, explairdng the licensing issue and status of the LLC. Please contact me if you require any additional information. Very~tf~urs, Anthg~ C. Pasca Enclosures May 21, Town of Southold Zoning Board of Appeals 54375 Main Road Southold, NY 11971 Re: Special Permit Application of Maritime Day School Depot Lane, Cutchogue, NY Dear Members of the Board: I, Amy Bums, am one of the co-principals of the Maritime Day School (which has a pending application for approval to operate under the name, Maritime Day School, LLC), along with Britta Dominy, the other principal of the Maritime Day School. Maritime Day School is the prospective tenant 0fa portion of the premises at 780 Depot Lane, SCTM 1000-102-2-12.6, which is the subject of the pending application for a special exception permit from the ZBA. I hereby consent to the application and authorize Esseks, Heifer & Angel, LLP to act as agent for the Maritime Day School, and handle all necessary work involved in the special permit process with the Zomng Board of Appeals. Sworn to before me this ~ I dayofMay, 2008. Lorraine LaRosa Qualified In 8uftolk CoufltV Commission Expires Msy'~, ~0 ~ Via Hand Delivery Town of Southold Zoning Board of Appeals 54375 Main Road Southold, NY 11971 E$$EKS, Hefter & ANgel, LLP COUNSELORS At LAW 108 EAST MAIN STREET P. O. BOX 279 RIverheAD, N.Y. iIgOI 0279 (63I) 369-1700 TeLeCOPIER NUMBer (631) 369-20~5 WATER MILL Office MONTAUK HIGHWAY P. O. Box 570 WATER MILL, N.Y. 11976 (631) 726-6633 May 9, 2008 I 2 2008 BOAAD OF APPEAI. Attention: Linda Kowalski Re: Application of Maritime Day School Premises: 780 Depot Lane Cutchogue, New York SCTM No.: 1000-102.00-02.00-012.006 Dear Ms. Kowalski: We represent Maritime Day School, prospective tenant of a portion of the above premises, and we submit on its behalf an original and six (6) copies of the following application materials, together with our firm's check in the amount of $400.00 payable to the Southold Town Clerk: 1) Application to the Southold Town Zoning Board of Appeals with the following attachments: a) Owner's Consent; b) Transactional Disclosure Form; c) Project Description; d) Questiormaire; e) Project Narrative and Description of Proposed Use; f) Addendum to ZBA Application of Maritime Day School; g) floor plan sketch; Southold Town Zoning Board of Appeals May 9, 2008 Page Two h) excerpt of survey (this sketch shows some minor changes since the date of the survey, as well as the area of the building to be used by the Maritime Day School); i) copy of Planning Board resolution dated August 10, 2004 approving lot line modification; j) copy of Certificate of Occupancy dated November 3, 2005. 2) LWRP Consistency Assessment Form; 3) Short Environmental Assessment Form; and 4) Survey of Property last dated July 12, 2004. We intend to submit photographs of the site prior to a hearing, but the property's parking lot is being repaved. As soon as the paving is completed, we will forward the photographs under separate cover. Please also note that the town building inspector has not issued a notice of disapproval for this change of use. We filed an application for the notice of disapproval, but the building inspector apparently does not believe it is appropriate. We understand that the Zoning Board has original jurisdiction over the special exception permit and therefore a notice of disapproval should not be necessary to trigger the Zoning Board's jurisdiction. I do understand that the building inspector may be submitting a "memorandum" to the Zoning Board regarding this application. Thank you for your attention to this application. Please contact me if you require any additional information, and I will make sure it is provided promptly. We very much wish to be included on the Board's June agenda if possible. /bws Enclosures APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Ju~ 21,2008 By Regular Mail and Fax Transmission Anthony Pasca, Esq. Esseks Hefter & Angel LLP 108 East Main St. P.O. Box 279 Riverhead, NY 11901-2065 Re: ZBA # 6170 Application for Maritime Day School Dear Mr. Pasca: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at its Meeting of July 17, 2008, and with the original transmitted by our office to the Town Clerk for filing. Before commencing a new occupancy or construction activities, other agency approval(s) may be necessary. Please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process. Thank you. Very truly yours, Linda Kowalski Encl. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville May 13, 2008 Zoning Appeal No. 6170 Transmitted herewith is Zoning Appeals No. 6170 of Esseks~ Hefter & Angel~ LLP Representing Maritime Day School - the Application to the Southold Town Zoning Board of Appeals for Special Exception. Also enclosed is a Cover Letter Listing the Following: Owner's Consent, Transactional Disclosure Form, Applicant's Project Description, Questionnaire, 4 Pages of Special Exception Application - Project Narrative and Description of Proposed Use, 8 Pages of Addendum to ZBA Application of Maritime Day School, 2 Pages of Floor Plan Sketch, Copy of Survey Showing Changes Since the Date of the Survey and Area to be used by Maritime Day School, Copy of Planning Board Resolution dated August 10, 2004 Approving Lot Line Modification, Copy of Certificate of Occupancy dated November 3, 2005, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Survey of Property dated July 12, 2004 Prepared by Nathan Taft Corwin III, Land Surveyor. ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 5/12/08 ZBA # NAME CHECK # AMOUNT T~I~f~'~,M P 6170 Maritine Day School 25514 $400.00 MAY 1 3 2008 (Esseks, Heifer) ~,., ,~,',ld Town Clerk 6172 Higgins, Maureen & $400.00 7105 RECEIVEI) Kenneth MAY 1 3 2008 S outhold Town Clerl TOTAL $4OO.OO oTown Of Southold P.O Box 1179 Southold, NY 11971 Date: 05/13/08 * * * RECEIPT * * * Receipt'8: 18400 Transaction(s): 1 1 Application Fees Reference Subtotal 6170 $400.00 Check#: 25514 Total Paid: $400.00 Name: Clerk ID: Esseks, Heifer & Angel {for Maritime Day School} P O Box 279 Riverhead N, Y 11901 CAROLH Internal ID: 6170 APPEALS BOARD MEMBER~ Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 26, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (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~ JUNE 26, 2008: 10:00 A.M. MARITIME DAY SCHOOL #6170. Request for a Special Exception under Section 280-13-B(4) to establish a Nursery School at the existing (health club and office building, at 780 Depot Lane (and Main Road), Cutchogue; CTM 102-2-12.6. Zone District: Residential-Office. 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 27, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 COUNTY Of SUFFO'LK) · Karen Kine of Mattitu~-~k,-- in said county, being duly sworn, says that sh'~I~' 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 5t__~.h day of June, 2008. Sworn to before me this Principal Clerk ~ dayof ~¢.,{~( ~¢ _ 2008 HoleDrivc, Mattituck;~llS-17-8~ ~ V I~ / J ~ /l II )~ COUNTY OF SUFFOLK (~ Kf Real Property Tax Service Agency SOUTHOLD ~ ' ~ I I I ,o~ / J 1000 SECT)ON NO 102 PROPERTY MAP ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of MARITIME DAY SCHOOL AFFIDAVIT OF ADDITIONAL MAILING SCTM No. 1000-102.00-02.00012.006 STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: I, George Conklin, a resident of Calverton, New York, being duly sworn, deposes and says that: On the 34rd day of June, 2008, I personally mailed at the United States Post Office in Riverhead, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a tree copy of the attached Legal Notice in prepaid envelopes addressed to Ann H. Thompson, P.O. Box 1248, Cutchogue, NY 11935. George Conklin ~ -- Swom to beforfl~ff~ this 3rd d, aT~ Notary Pubic.~/ ~NTHON¥ C. PASCA Notary Pul~ic, State of New ¥orl~ t/o, 02PA5055606, Suffolk County Commission Expires Feb. 12, 20J_42 JUN ! 8 _BOARD OF APPEALS Esseks, HEFTER ~ AngEl, LLP I08 EAST MAI~ STREET P. O. Box 279 RIVERHEAdD, N.Y. 119Ol-O279 o2 ~* $ 05.490 , 0004360237 ~ulAY 28 2008 Ann H. ThomSOn 29330 Route 25 C utchogue, ~ z × :,' ~- ZON1NG BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of MARITIME DAY SCHOOL AFFIDAVIT OF MAIL1NGS SCTM No. 1000-102.00-02.00012.006 STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: I, Elizabeth Spiess, residing at Southold, New York, being duly sworn, deposes and says that: On the 28th day of May, 2008, I personally mailed at the United States Post Office in Riverhead, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a tree copy of the attached Legal Notice in prepaid envelopes addressed to current owners, as set forth on the attached list, as shown on the current assessment roll verified from the official records on file with Assessors and Suffolk County Real Property 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. Elizabeth Spiess [ Sworn to before me this 30th day of May, 2008. Notary Public SANDRA C. BENNETT Nota~' public, State of New york No. 4861979 Commission Expires June 16, ~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of MARITIME DAY SCHOOL Regarding Posting of Sign upon Applicant's Land Identified as SCTM No.: 1000-102.00-02.00-012.006 X X AFFIDAVIT OF SIGN POSTING STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: 1, Anthony C. Pasca, Esq., a partner of the firm Esseks, Hefier & Angel, LLP at 108 East Main Street, Riverhead, New York, being duly sworn, deposes and says: On the 14th day of June, 2008, I personally placed the Town's official Posters, with the date of hearing and nature of application noted thereon, securely upon the subject property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing each street or right of way (one sign was located along Depot Lane, and an additional sign was located along Main Road), near the entrance or driveway entrance to applicant's property, as the area most visible to passersby; and that I hereby confirm that the Posters have remained in place for seven days prior to that date of the subject hearing date, which hearing dat~e June 26, 2008. Anth~. Pasca Sworn to before me this 26th day of June, 2008. - N~tary Public [ No, 481194~ {~llllll~dlnSuffolk(~l/l~ __ //,~ 1000-102.00-02.00-010.000 James R. Fogarty PO Box 61 Cutchogue, NY 11935 1000-102.00-02.00-012.002 Joseph Dunne 29475 Route 25 Cutchogue, NY 11935 1000-102.00-02.00-012.005 Judith Lizewski 320 Depot Lane Cutchogue, NY 11935 1000-102.00-02.00-012.007 James Fogarty Georgianna Fogarty PO Box 61 Cutchogue, NY 11935 1000-102.00-05.00-017.000 Union Free School District No. 8 385 Depot Lane Cutchogue, NY 11935 1000-102.00-06.00-023.001 Ann H. Thompson 29330 Route 25 Cutchogue, NY 11935 Return Receipt Fee r-1 (Endorsement Required) t"-I Total Postage & Fee~ · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your nameand addmes on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, __ or on the front if space permits. [] Addressee C. Date of Delivery D. ts deliva ~ from item 1 ? ~-~ Yes If YES, enter dstivery address be~ow: [] No ~ Certified Mall [] Express Mail 4. Restricted Delivery? (Extra Fee) [] Yes 7005 0390 0001 9188 5671 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivenj is desired. · Pdnt your name and address on the reverse so that we can tatum the card to you. · Attach this card to the back of the rnalfpisoe, or on the front if space permits. 1. Article Addressed to: J~s Fogarty Georgi~ma Fogarty Box 61 Cutchogue, ~f 11935 PS Fo .................. [] Agent [] Addressee C. Date of Delivery 3. Service Type J ~'1 Certified Mall [] Express Mall ~ [] Registered I~ Return Receipt for Merchandise •Yes $ 5'F/, o [ Union Free School District m m , JS~ntTo Joseph.. lDtmnne ~tT'i[E ?~? ..................................................................... [o~o. 29475 Route 25 [~z&:-ai~ig ~/~.;f -LT/fj~T --N~ ------ 7_T9 3 5 ..................... .5? --. ?-*--,-*-: .............................................................. OFF CiAL USE Ce,ified Fee Return Receipt Fee C3 Tot~ Po~age & Fees $ 5 [or~No. ~ ~X $ Judith Lizewski ['~ ~gt; '.~b't7 ~E~ ........................... ' ............................................ [?.'_?_~___~L___3__2__0.____D_.e_~__q_~_e_ ....................................... Ic,~s~te.z~., Cutchogue, NY 11935 · Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if space permits. 1. ArUaie Addressed to: UnJ.on Free Scl~oi 385 Depot Lane Cutc~Tde · k~7 11935 2. A~ticle Number PS Form 3811, Februanj 2004 [] Agent .~] Addressee B. Recaiv~b~by/~Pdnt6dName) ~,JC. ~ate~f De'very D. Is daik, eey address dEferent from ~tem 17"~_~ / If YES, enter delivery address baiow: [] No ~Ceffifled Mall [] Express Mail 7005 0390 0001 9188 5657 · Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maiipiece, or on the front if space permits. 1. ArtlcleAddressedto: J~dith Liz~s]d. 320 Depot Lane Cutchogue, NY 11935 PS For.. ,.,,.,.. ....... · .... [] Agent [] 3. Se~ice Type ~ Certified Mail [] Express Mall [] Reg~tered ~[ Return Receipt for Merchandise [] Insured Mail [] C.O.D. []Yes ' m '~mplete items 1, 2, and 3. Also compist~ ~tem 4 if Restricted Delivery Is desired. · Print you~ name and address on the reveme. ,. so that we can retum the card to you , · Attach this card to the back of the mailpiece, or on the front if space permits. 1. A,fffcle Addressed to: 2. ArUc/e Numbe~ A. Signature v ~ ..-v~ .~-,F- r"l Agent : B' RSCeivecl bY (Prfnted Name)~ J C. ~tp of Daiiver~ D Is dellve~ address different from item 17 ' ~Yes If YES. e~/er daiive~y addres~ below: [] No 4. Reetcted Daiiveri? (Ex~a Fee) [] Yes 7005 0390 0001 9188 (r~e~ ~ ~ce ~_ 5800 PS Form 3811. August 2001 ZBA APPLICATION OF MARITIME DAY SCHOOL For Special Exception Permit Under § 230-38(B)(1) Above: View of Entrance to Site from Depot Lane Below: View of Portion of Building to Be Used For Nursery School (Main Entrance at Right) Above: View of Parking Lot (Iookir~g South, toward Main Road) Below: Altemafive View of Parking Lot (!ool~ng Sou~, toward Main Road) Above: Recently Added Handicapped Spaces; Entrance to Adjacent Health Club Below: View "Behin~ Numery School, to bo Fenced and Used as Play Area NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: MARITIME DAY SCHOOL #6170 MAP #: 102-2-12.6 APPEAL: Special Exception REQUEST: Nursery School DATE: THURSDAY, JUNE 26, 10:00 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. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 t~ZONING BOARD OF APPEALS O MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hail 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 27, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, June 26, 2008 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 June 5th.' 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 alii 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 mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or during the hearinq, providin.q the returned letter to us as soon as possible; AND not later tha~ June 9th: Please eit'her mail or deliver to our office your Affidavit of Mailinq (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 June 16th: 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 prior to June 26, 2008. 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. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 TOWN MEMO TO: FROM: DATE: SUBJECT: Planning Board Gerard P. Goehringer, Chairman May 15, 2008 Request for Comments Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Our Department has received and is reviewing the following application, and we enclose a copy of the 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 Maritime Day 102-2- 6170 N/A Special 6/1/04 Nathan Taft School 12.6 Exception Survey Corwin RO Zone Your comments are appreciated by June 12, 2008 Thank you. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Baak 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 May 13, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 6170 Maritime Day School Action Requested: Special Exception-Use Variance Within 500 feet of:( X ) State of County Road ( ) Waterway (Bay, Sound, Estuary) ( ) Boundary of Existing or Proposed County, State, Federal Land. If any other information is needed, 'ple'ase do not hesitate to call us. Thank you. Very truly yours, Gerard P. Goehringer, Chairman By: Enclosures Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET To: Zoning Board of Appeals Date: COMPANY: OTAL N~OF PJ[GES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) Re: REFERENCE: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] .............. NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sende~s Initials: ~/,~ S Id To d 011 0 Wll MAIN ROAD- STAT£ I~OAD 25 SOUTHOCO, C.I., ACTION OF THE 2~NG BOARD OF APPEALS Appeal 1~0]~/' ~ -~ · Applicatic~f--~a~ed March 26 ~ Dr. Joseph J. Lizewski,~-%D.D.S. · Main Road At a Meeting of the Zoning Board of Appeals held on the above appeal was considered, and the action on your [ ] Request for Variance Due to Lack of Access New York Town Law, Section 280-a [ ] Request for Special Exception under the Article , Section [X] Request for Variance to the Zoning Article /II , Section ~ ]00~30(8)[6] ~ '''' [ ,] 'Request for ' Application-oflJOSEPH LtZEWSKI, '29205 Main Road, Cutchogue a Vari~ance to the_~9~i~9~ Q~.~inanqe,~ Article III, Section 100-30 fsr permission to construct building fQr private membership wit insufficient setback from the ~gsterly property ]ine. Location Property: North Side of Main Road aped East Side. of Depot Lane cbogue, N¥;..County. Tax Map. Parcel No. 1000-102-02-12.1. or WHEREAS~ublic hearing was held and concluded on April concernin§/t~M]~ter of the Application of JOSEPH LIZEWSKI und Appeat No{3350;~nd WHEREAS, the board members have personally viewed and witht he premises in question as well_ as it% ~urrounding area, WHEREAS, the board has considered all testimony and docum( entered into the record concerning this ~pplication, and WHEREAS, there has been no'opposition entered in the recor until the conclusion of the publi~c hearing, and WHEREAS, the board made the following findings of fact: l.' The property in question i~locate~ in a "BZLight Busi Zoning District pursuant to a change 9f zone granted by the So~ Tow Board March 9, 1982~ 2. The proper'~y in question fronts along the north side o Main Road (State RoKte 2q) t47.39 (and 1161,3~) feet and is also with frontage along the eas~'side of De~ot Lan~ 173.13 feet (an feet), and is ~hown to contain an area ~of approximately 1.5 acr approximately 20,000± sq. ft. including the one-family dwellio( lot at the corner of Depot Lane and Main Road, also 9wned by applicant. 3. The subject premises (s improved as shown on the site dated April 6, '1984, for one-fami'ly residence and professional ''(CONTINUED ON PAGE TWO) DA~ED: May 1 7, I 985. CHAIRMAN, 8OUTHOLD TOWN ZONING OF APPEALS Form ZB4 (r~v.. ~2/81) )85 iar )n ~te ,7 Page 2 - Appeal No, 3350 Matter of JOSEPH LIZEWSKI Decision Rendered, May ~, ]9B5 4. By this application, applicant proposes to construct a 44' by 66' recreation building addition for a private racquetball membership club with a setback at its closest point from the east side line at 32 feet, which is 8 feet closer than the estab- lished sideyard setback of the existin9 principal structure. 5. Article III, Section 100-30(B)[6] permits annual membership clubs catering exclusively to members and their guests subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (I00) feet of any street, line nor within fifty (50) feet of any lot line ...., _ 6. It is the opinion of the board that the easterly sideyard has been established at 40 feet and the setback as proposed et 32 feet could be allowed for this a,~dition if the special exception use for a racquetball club were net required by Section 100-30(B)[6], that the relief requested is minimal and i~ in harmony with the intent of the zoning ordinance. In considering this application, the boar~ has determined that the relief as requested be granted since: (a) the relief is not substantial; (b) the relief will not be detrimental to adjoining properties; (c) the relief will not adversely affect the character of the district; (d) the practical difficulties ere sufficient to warrant approval hereof; (e) the circumstances are unique since the property has residential structures existing as a nonconforming use since prior to the change of zoning from "A" to "B-Light,"; (f) in view of the manner in which the difficulties arose, the interests of justice will best be served by allowing same, as noted below. Accordingly, on mo~on by Mr. Goahringer, Seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3350 in the Matter of the Application of JOSEPH LIZEWSKI for an insufficient setback from the easterly sideyard at 32 feet for a proposed recreational club addition, BE AND HEREBY IS APPRDVED SUBJECT TO THE FOLLOWING: Modification of the Site Plan by the Planning Board to include a minimum of 27 parking spaces (inclusive of handicapped parking). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawieki, This resolution was adopted by unanimous vote of all the members. lk GERARD--P. ~OEHRI~N May 17, 1985 Southold Town Board of Appeals sTATE 2s ACTION OF THE ZONING BOARD OF APPEALS Appeal No. ~9~ Application Dated January 8, 1985 TO: Dr. Joseph J. Lizewski, D.D.S. Main Road Cutchogue, NY 11935 [Appellant(s)] [ x] [] At a Meeting of the Zoning Board of Appeals held on May ~, ]985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a Request for Special Exception under the Zoning Ordinance Article III , Section 100-30(B)[6] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of JOSEPH LIZEWSKI, 29205 Main Road, Cutchogue, NY for a ~ecial Exceptiop to the Zoning Ordinance, Article III, Section lO0-30- (b)Lb] an~ Article VI, Section 1DO-60(B}[1](a) for permission to establish recreational use (private racquetball membership club) at premises located on the north side of Main Road and east side of Depot Lane, Cutchogue, NY; District 1000, Section 102, Block 02, Lot 12.1. (B-Light Business Zone) WHEREAS, a public hearing was held initially March 7, 1985 and was concluded on April ll, 198B concerning the Matter of JDSEPH LIZEWSKI under Appeal No. ,3322; and ~HEREAS, the board members have personally viewed and are familiar With the subject premises as well as its surrounding area, and WHEREAS, the board has considered all testimony and documentation e~tered into the record in this matter, and WHEREAS, there has been no opposition entered in the record up until the conclusion of the public hearing, and W~EREAS, the board made the following findings of fact: 1. The property in question is located in a "B-Light Business" Zoning District pursuant to a change of zone granted by the Southold Tow Board March 9, 1982. 2. The property in question fronts along the north side of the Main Road (State Route ~5) 147.39 (and 116.37) feet and is also situate with frontage along the east side of Depot Lane 173.13 feet (and 233.7 feet), and is shown to contain an area of approximately 1.5 acres and approximately 20,000± sq. ft. including the one-family dwelling and lot at the corner of Depot Lane and Main Road, also owned by the applicant. 3. The subject premises is improved as shown on the site plan dated April 6, 1984, for one-family residence and professional office uses. 4. This is an application for a Special Exception by which applicant proposes to construct a 44' by 66' recreational addition for use as a private racquetball membership club with a setback at (CONTINUED ON PAGE TWO) DATED: May 17, 1989. C~AIRF~N, SOUT~OLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Application No. 3322 Matter of JOSEPH LIZEWSKI {Special Exception) Decision Rendered May 2, 1985 32 feet from the easterly side property line. 5. Article III, Section 100-30(B)[6] permits annual membership clubs catering exclusively to members and their guests after receiv- ing a special exception from this board and site plan approval from the Planning Board in accordance with Section 100-134 of the Code. 6. For the record it is noted that conditional approval has been made simultaneously herewith to grant an insufficient sideyard setback from the easterly property line at'32 feet under Appeal No. 3350. In considering this application, the board determines: {1) the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2} that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affeK~ed by the proposed use and its location; (3) the use is in harmon~ with and will promote the general purposes and intent of zoning since it is a permitted use. In passing upon this applicati~h, the board has also considered items (a) through (l) of Article XII, Section lO0-121(C)[2] of the Zoning Code. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that a Special Exception as requested under Appeal No. 3322 in the Matter of the Application of JOSEPH LIZEWSKI at premises known and identified on the Suffolk.County Tax Map as District.lO00, Section 102, Block 02, Lo% 12.1, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING:. Modification of the'Si{~ Plan by the Planning Board to include a minimum of 27. parking spaces (inclusive of handicapped parking). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk G'I~R-A'RD F~--GOEI~P.~NGEI~, C~q[~FMAN May 17, 1985 Ap[~ No. 2885 by application Da~ed September 14, 1981 To William H. Price, Jr., Esq. Joseph J. Lizewski, D.D.S. ~. s l~~xF~-~%~fFex~.~*~x~F,~o. ( ) ~e ................... Of the Zonin& Ordinance and the decision of the Building Imlpector ( ) be reversed ( ) bu ~%~;~v~X~%~F~e Public Hearing held 10/15/81: Application of ~ Lizewski, Main Road, Cutchogue, NY (by William H. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, ;~rticle III, Section 100-30 for permission to construct professional office building in an A-Residential and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane), Cutchogue, NY; bounded northwest by Fogarty; southwest by Depot Lane; northeast by D~nne; southeast by Main Road. County Tax Map Parcels No. 1000-102-2-12.1 and 11. (SEE REVERSE SIDE) (SEE REVERSE SIDE) (SEE REVERSE SIDE) (SEE REVERSE SIDE) (SEE P~EVERSE SIDE) CG:lk I~CE!VED AND FILED BY ?}LE .~Ou*..C~D TOWN CLERK ~/~/~/ .~ou~//:~7~.~ T~ ~erk, To~ of ~ Appellant has applied t~his Board for a use variance to p~t the construction of a profess~l office building on his propert~ located on the northeasterly corner of Main Road (N.Y. Route 25} and Depot Lane at Cutchogue. The premises are presently zoned "A" Resi- dential and Agricultural and comprises approximately two acres, and is shown and designated on the Suffolk County Tax Map as District 1000, Section 102, Block 2, Lots 11 and 12.1. Tax Map Lot 11 contains approximately 20,000 sq. ft. and has constructed thereon a 2-% story wood frame dwelling and garage occupied by Appellant as a private dwelling. Tax Map Lot 12.1 comprises 68,554 sq. ft. and has erected thereon a 1-% story wood frame dwelling, two barns and a garage. The property on the north side of Main Road west of Depot Lane is in the "B-1 General" Business Zone which extends westerly for approximately 1100 feet. The property on the south side of Main Road west of the subject premises is zoned "B-Light" Business. The property north and east of the subject premises is zoned "A" Residen- tial and Agricultural. Section 100-30C(1) of the Zoning Code permits "Home Occupations" in the "A" zone as an accessory use. Under the definition cf "Home Occupation" (Section 100-13), the professional office of a dentist is permitted provided that the office is located in a dwelling in which the practitioner resides, or in a building accessory thereto. The Appellant (a practicing dentist) could establish a dental office in his dwelling on the premises or in a building accessory thereto pro- vided he resided there and employed not more than one non-resident assistant. Presumably, however, Appellant does not wish to have only hie own dental office on the premises, but instead desires to construct on the premises a professional office building having a length of 110 feet and a width of 58 feet, containing three suites of offices. Such a use is not permitted in an "A" Residential and Agricultural District. It is permitted in the "B" and "B-l" Business Districts. Since the variance applied for is a use variance, before this board may grant such a variance the record must show that: (1) the land in question cannot yield a reasonable return if used only for a purpose allowed in that zone; (2) that the plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood which may reflect the unreasonableness of the zoning code; and (3) that the use to be authorized by the variance will not alter the essential character of the locality. The courts have held that a claim that the property is yielding less than a reasonable return requires proof, in dollars and cents form, of all matters bearing upon the return available under existing zoning, including proof that no permissible use will yield a reasonable return. The only dollars and cents evidence in the record is Appel- lant's statement that he paid $65,000.00 for the property and his conclusory statement that he has not made a profit from the property. The Town assessor's records indicate that the premises (lot 12.1) was acquired by Appellant in 1981. There is no evidence that the property cannot yield a reasonable return if used for other permis- sible uses. Therefore, this board concludes that the evidence presented does not support the grant of the variance applied for. This board does believe that there is, however, a public ne~ for the type of facility proposed by the Appellant in the Hamlet ~. Cutchogue, and that perhaps the Town Board should consider the __~ extension of the present "B-l" District to embrace Appellant's property. On motion by Mr. Grigonis , seconded by Mr. Goehringer, ~ BE I RESOLVED, for the reasons set forth herein, the variance is denied. Vote of the Board: Ayes: Messrs. Douglass, Goehringer,' Sawicki and Grigonis. (Absent was: Mr. Doyen, Fishers Island). This resolution was unanimously adopted. ii 7-U C t< ~/II ~ U Tc,~, UT-c HA/ 7-/7-UCt. f CU TC/.../, UT"C HA/ ) UF-FO/_. K Southold Town Board of Appeals -11- Dec pec .ial ~_ ~-Meetlng RESERVED DECISION: Appeal N~85.~ Application of Joseph L. Lizewski, Main Road, Cutchogue, NY (by~W~lliam H. Price, Jr.~ E--~.) for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to construct professional.office building in an A-Residential and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane), Cutchogue, NY; bounded northwest by Fogarty; southwest by Depot Lane; northeast by Dunne; southeast by Main Road. County Tax Map Parcels No. 1000-102-2-12.1 and 11, A public.hearing was held concerning this appeal on October 15, 1981, at which time decision was reserved until a later date. Appellant has applied to this Board for a use variance to permit the constrDction of. a professional office building on his property located on the northeasterly corner of Main Road (N.Y. Route 25) and Depot Lane at .Cutchogue. The premises are presently zoned "A" Resi- dential and Agricultural and comprises approximately two acres, and is shown and designated on the Suffolk County Tax Map as District 1000, Section 102, Block 2, Lots 11 and 12.1. Tax Map Lot 11 contains approximately 20,000 sq. ft. and has constructed thereon a 2-% story wood frame dwelling and garage occupied by Appellant as a private dwelling. Tax Map Lot 12.1 comprises 68,554 sq. ft. and has erected thereon a 1-% story wood frame dwelling, two barns and a garage. The property on the north side of Main Road west of Depot Lane is in the "B-1 General" Business Zone which extends westerly for approximately 1100 feet. The property on the south side of Main Road west of the subject premises is zoned "B-Light" Business. The property north and east of the subject premises is zoned "A" Residen- tial and Agricultural. Section 100-30C(1) of the Zoning Code permits "Home Occupations" in the "A" zone as an accessory use. Under the definition of "Home Occupation,' (Section 100-13), the professional office of a dentist is permitted provided that the office is located in a dwelling in which the practitioner resides, or in a building accessory thereto. The Appellant (a practicing dentist) could establish a dental office in his dwelling on the premises or in a building accessory thereto pro- vided he resided there and employed not more than one non-resident assistant. Presumably, however, Appellant does not wish to have only his own dental office on the premises, but instead desires to construct on the premises a professional office building having a length of 110 feet and a width of 58 feet, containing three suites of offices. Such a use is not permitted in an "A" Residential and Agricultural District. It is permitted in the "B" and "B-l" Business Districts. Since the variance applied for is a use variance, before this board may grant such a variance the record must show that: (1) the land in question cannot yield a reasonable return if used only Southold Town Board of Appeals (Joseph L. Lizewski - Appeal No. -12- December 5, 2885 continued:) 1981 Special Meeting for a purpose allowed in that zone; (2): that the plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood which may reflect the unreasonableness of the zoning code; and (3) that the use to be authorized by the variance will not alter the essential character of the locality. The courts have held that a claim that the property is yielding less than a reasonable return requires proof, in dollars and cents form, of all matters bearing upon the return available under existing zoning, including proof that no permissible use will yield a reasonable return. The only dollars and cents evidence in the record is Appel- lant's statement that he paid $65,000.00 for the property and his conclusory statement~that he has not made a profit from the property. The Town assessor's records.indicate that the premises (lot 12.1) was acquired by Appellant in 1981. There is no evidence that the property cannot yield a reasonable return if used for other permis- sible uses. Therefore, this board concludes that the evidence presented does not support the grant of the variance applied for. This board does believe that there is, however, a public need for the type of facility proposed by the Appellant in the Hamlet of Cutchogue, and that perhaps the Town Board should consider the extension of the present "B-i" District to embrace Appellant's property. On motion by Mr. Grigonis , seconded by Mr. Goehringer, BE iT RESOLVED, for the reasons set forth herein, the variance is denied. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. (Mr. Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. Being there was no further business to come before the Board at this time, the Chairman declared the meeting closed at approxi- mately 10:30 a.m. Chairman Board,~ Respectfully submitted, Linda F. Kowalski, Secretary Southold Town ~oard of Appeals