Loading...
HomeMy WebLinkAbout6013'4 E~S M~tituck Beve., Main Rd. Msttituck ~ NY ~/ASSO, THOMAS #3189 business stor. age bldg. Did not proceed w/applicstion. 7/~l/~/ ~3359 4.12.85 Varianc~ to previo"s decision, ~...-~ ~\,~ ~ ~ ~/, ~/~ APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · EO. 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.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 RE EIVE FINDINGS, MEETING DATE' OCTOBER 30, 2008 _ · Soufhold Town Clerk ZBA # 6013 - End of the Road LLC by Daniel C. Mooney, Esq. Location of Property: 11500/11600/11700 Main Road (NYS Route 25) and John's Road (private), Mattituck CTM 122-3-17.1 (formerly 1.2, 2, 5.1 and 17) SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. In addition, the Planning Board as Lead Agency has issued a Negative Declaration (also insert PB Negative Declaration SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 19, 2007 stating that this 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 apphcant's 84,142 sq. ft. parcel comprises four county tax map numbers with 164.79 ft. along Route 25 (Main Road) and 218.16 ft. along R-O- W known as John's Road is improved with various existing structures as shown on survey prepared by Nathan Taft Corwin III, Land Surveyor dated 7/12/06 last updated 8/27/07. The premises are located in Business and R-40 Residential Zone Districts. BASIS OF APPLICATION: Request for Variances under Sections 280-49 and 280-78B-I, based on the Building Inspector's November 19, 2007 amended Notice of Disapproval concerning proposed construction of two buildings (with retail, office and bank space in this B-General Business Zone District. The reasons for disapproving the building permit apphcation are: (1) one of the two buildings will be less than 25 feet from the side property line, after demolition of existing buildings, and (2) the accessory parking area is located in an R-40 Residential Zone District, which the code states is permitted upon approval of the Board of Appeals under Section 280-78-B-I. The existing buildings are proposed to be demolished. LWRP: TOWN CODE CHAPTER 95: This application is exempt under Town Code Chapter 268 (95). Page 2 - October 30, 2008 ZBA # 6013 - End of the Road, LLC CTM No. 122-3-1.2, 2, 5.1 and 17 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 20, 2007, and a public hearing on the applicant's amended 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, the Zoning Board finds the following facts to be true and relevant: RELIEF REQUESTED: The applicant is requesting relief under Code Sections 280-49, 280-50 (A and C), and 280-78B-I, based on the Building Inspector's amended May 2, 2008 Notice of Disapproval concerning proposed construction of two buildings, with retail, office and bank space in the B-General Business Zone District. The reasons for disapproving the building permit application are: (1) a building is proposed with a single side yard of less than 25 feet and set back at less than 75 feet from the right-of-way; (2) a building is proposed at less than 75 feet from the right-of-way and will be greater than the code limitation of 60 linear feet in width; (3) the accessory parking area is located in an R-40 Residential Zone District, which the code states is permitted upon approval of the Board of Appeals under Section 280-78-B-I. The new construction is proposed after demolishing the existing buildings. ADDITIONAL INFORMATION: The proposed construction on this 84,142 sq. ft. parcel is in a B Business Zone District, and a portion of the proposed parking falls within the R-40 Residential Zone. The project consists of a proposed bank Building of 3,241 sq. ft., and an Office Building of 13,227 sq. ft. The proposed two-story Office Building will have a single side yard of 17.4'. The office building, as proposed, will be setback 52.5' and the Bank Building will be setback 73' from the R-O- W. The Bank Building as proposed will have 85' linear feet in width. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law _q267-b(3)(b)(3)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The setbacks requested are greater than the setbacks of nearby buildings. The parcel to the west has a 12 ft. and a 33 ft. setback to the front right-of-way line. None of the present buildings on either side of the Main Road in close vicinity meets the code-required right-of-way or front yard setbacks. One of apphcant's buildings has a zero side setback, and the plan as amended provides for a 17.4 minimum side yard setback. The new building plan is based on numerous changes made during the site plan process with both the Planning Board and Zoning Board of appeals for more conformity with the codes, and improvements resulting from demolition of four highly substandard, non-conforming buildings which also lack Town approval, for parking and site plan and lack of curb cuts for safe egress and ingress along the Main Road (NYS Route 25) in the Hamlet of Mattituck. The mixed uses that exist currently with the nonconforming buildings will be eliminated. The new parking will be an expansion to increase the Page 3 - October 30, 2008 ZBA it 6013 - End of the Road, LLC CTM No. 122-3-1.2, 2, 5.1 and 17 number of spaces, while providing for substantial screening and landscape buffer adjacent to the boundary lines of the property, and preserving large trees. The existing buildings are approximately 16,638 square feet, based on the Assessor's gross square footage of assessment, and the total proposed square footage for the new construction will be +/- 16,468 square feet. The removal of the existing building on the site and the replacement with two new buildings under current building codes, will not cause a detriment to the immediate neighborhood. The difference of the two are so insignificant and will not create an undesirable change to the town or nearby properties. One building will be 55 feet wide which meet the code maximum limitation of 60 feet for hnear footage, except that roof over the drive through brings the total linear feet to 80 feet. The roof over drive through was moved to the easterly side to lessen the impact of the hghting on John's road residences and because it is safer to have the ATM visible from the Main Road, as close to the front of the building and as far away from the residential area as is possible. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The restrictions on the property with its mixed zoning use districts do not provide for any other alternative for parking in a R-40 Zoning when it is related to the adjacent Business Zone, and that the applicant is offering as more conforming and expanded than the parking that exists. The buildings that exist are nonconforming and in disrepair. The establishment of approved access with new curb cuts at NYS Route 25, a high traffic area with a perpendicular road, is needed. The proposed construction is low-impact in its intensity, for one bank building and one office building. 3. Town Law §267-b(3)(b)(3). The variances requested herein are not substantial. The proposed setback requested is greater than the setback of nearby buildings. Also, the application is based on code nonconformities that have existed for many years with four buildings occupied at the site. The new site plan provides for location of two new buildings, and is the maximum that the Board would entertain. 4. Town Law §267-b(3)(b)(5). The difficulty has been self created. The applicant proposes to reduce the nonconformities with a new site plan and to demohsh and remove many setback, parking, and other zoning code nonconformities that have existed for many years. 5. Town Law .~267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this mixed business and residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The application as proposed will be able to provide more safety in respect to parking, access, visual improvements, noise reduction as compared to the permitted business uses conducted at the property. In addition, the drainage system will insure that there is no runoff onto any parcel or onto John's Road (a private road). 6. Town Law §267-b. Grant of the rehef requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of constructing new buildings on this property, while preserving and protecting thc character of thc neighborhood and the health, safety and welfare of the community. Page 4- October 30, 2008 ZBA # 6013- End of the Road, LLC CTM No. 122-3-1.2, 2, 5.1 and 17 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairman Goehringer, seconded by Member Weisman, and duly carried, to GRANT as shown on site plan prepared by James V. DeLucca, R.A. last dated April 9, 2008, Sketch Site Plan dated 6/23/08, and Elevation Plan Sheets 1 and 2, dated 4/4/08, subject to the following conditions: 1. Land bank parking on the east side of the rear parking lot buffered adjacent to the residence, and place blue stone the remaining residential portion of the parking lot (except for handicap parking). 2. Lighting to be shielded to the ground in the parking lot. The above conditions shall be written into the building inspector's certificate of occupancy. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer, Oliva~d/~ n was duly adopted (5-0). ,/" /~ RARD P. GOEHRINGER, CltAIRMAN/10/30/08 // Approved for filing PJ[~S~NNI, NG BOARD MEMBE~ JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H, SIDOR GEORGE D, SOLOMON dOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significance October 20, 2008 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Hudson City Savings Bank SCTM#: 1000-122-3-1.2, 2, 5.1 & 17 Location: Approximately 509' east of Bay Avenue on the south side of NYS Road 25 in Mattituck. SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This site plan is for the proposed construction of 2 buildings totaling 13,227 square feet where one proposed two story building is 9,986 square feet of office space and the other proposed one story building is 3,241 square feet for a bank use with 86 proposed parking spaces on a 1.931 acre split-zoned parcel in the General Business and Residential-40 zoning district New SCTM# 1000-122-3-17.1 formally known as SCTM#s: 1000-122-3-1.2, 2, 5.1 & 17 Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and r~gr'e~t, ed. and it was determined that no significant adverse effects to the enviro~ment~e~'elikely :,jj - to occur should the project be implemented as planned. OCT 21 2008 SEQR Negative Declaration Page Two October 20, 2008 No major change in the use of either the quantity or type of energy will occur. No known creation of a hazard to human health is expected to occur. The site is already developed, and is currently improved with six buildings, which consist of a beverage distributor, office space, a residence, and associated structures. While the proposed is for two buildings larger in size individually, the existing structures collectively are approximately the same size therefore the change in energy use will not be "major." The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. As stated above, the property has been used for commercial purposes in the past, has been previously developed, and while the proposed use will cause some increase in the intensity of use (a larger building devoted to retail sales), it is not a substantial change relative to the uses in the current neighborhood, where other retail businesses are located nearby, including an auto body and boat storage. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. Grading, drainage, sanitary discharge, landscaping, and restoration of portions of the site have been examined with respect to the change and physical characteristics of the subject site. The property is a split-zoned parcel in the General Business and Residential-40 zoning district. Parking for the commercial use is proposed in the R-40 zone. Potential impacts to residential neighbors have been mitigated by providing a buffer area larger than that required by code (20' feet required) and measuring from 25 feet along the perimeters adjacent to residential uses, and 45 feet along the east property line adjacent to the nearest residence. The buffer area will incorporate a variety of screen plantings mainly eastern red cedars 5 ~ 6 foot high 8'foot on center, will be maintaining existing mature trees and installing a solid six-foot fence along the eastern property line. In addition any lighting proposed will be shielded as to not illuminate onto adjacent properties. Additionally, the parking lot is configured to locate the parking spaces as far from the residences as possible and oriented to minimize the intrusion of headlights into nearby homes. The proposed action will have no significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur. The proposed action will not impair the character or quality of important historical; archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. A Phase IA Archeological Survey has SE(~R Negative Declaration Page Three October 20, 2008 been required for this project and it was concluded that no prehistoric or historic sites were encountered and no further work is therefore recommended. The proposed action is not in material conflict with a community's current plans or goals as officially approved or adopted. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. On January 17, 2008, the New York state Department of Environmental Conservation responded with no objection to the Town of Southold Planning Board assuming lead agency status, additionally noting that the applicant be advised "that if the proposed project is located within 300 feet of tidal wetlands or within 100 feet of regulated freshwater wetlands, a permit is required from this department" and the Southold Town Planning Board accepts this for approval. On April 22, 2008, the Suffolk County Department of Health Services responded with no objection to the Town of Southold Planning Board assuming lead agency status, and that they have jurisdiction over the final location of sewage disposal and water supply systems, and the Planning Board has made Suffolk County Department of Health Services approval a condition of the site plan approval. There has not been any correspondence received from any other agencies. Therefore, it is assumed that there are no comments or objections from these agencies. For Further Information: Contact Person: Address: Telephone Number: Kristy Winser, Senior Planner Southold Town Planning Board 631-765-1938 CC: Scott Russell, Southold Town Supervisor Southold Town Board Southold Town Building Department Southold Town Zoning Board of Appeals Southold Town Engineer Southold Town LWRP Coordinator Suffolk County Dept. of Health Services Suffolk County Planning Commission Suffolk County Water Authority NYSDEC - Stony Brook NYSDOT Southold Town Trustees FORM NO. 3 NOTICE OW DISAPPROVAL TO: Danicl Mooncy P.C. PO Box 702 Mattituck, NY 11952 DATE: February 1, 2007 RENEWED & AMENDED: September 13, 2007 AMENDED: Novembcr] 9, 2007 AMENDED: May 2, 2008 Please take notice that your application dated December 28, 2 For permit to construct two buildings with retail, offic~ d~l~_b_~ Location of property: .! 1500[I .I 600/1.1700 Main Road. Iviattitu~ )6 ~^v 7 BOARD OF AFPEALS County Tax Map No. 1000 - Section t22 Block 3 Lot 17.1 Is r~tumed herewith and disapproved on the following grounds: Thc proposed construction, o.n this 84,142 srluare foot narcel in the B/R-40 Districts is not permitted pursuit to Article XVIIi. Section 280-78I, which states, "Lots divided by district boundaries. When a parking lot is located oartly in one district and vartlv in another district, the re~.,ulations for the district requirh~e the greater number of parkln, spaces shall aoolv to all ofthe lot. Parking soaces on such a lot nlav be located without fecal'd- to district lines, provided that no such paekjne soaces shah be located in any residence district unless the use to which they are acoessorv is 0ermitted in such district or upon approval of thc Board of A~ A vortion of the orot~osed oarkim~ fbr this oroiect tblls within the Residential R-40 District. In addition, the nrooosed construction is not oermitted pnrsuant to Article X, Section 280-49. which ~tatcs, bmld~ng or ~reml~s shall be used and no buildint, or earl there0f shall be_erected or altered in thc B District nnJeSs the same conforms to the Bulk Schedule and P~kint, and ~oadmg Schedules incorporated into this chapter by reference, with the same force and ell;ecl as ir such regulations were set forth herein in full." Bulk schedule requires a minimum single side yard setback of 25 f~et. Followin~ the provoscd construction, the two-story office building will have a single side yard setback of 17.4 feet. In addition, the nrooosed construction is not ocrmitted pursuant to Article XI~ Section 280-50 A and C which state "Structures ~h~ll be ~t back at least 100 feet from the ri~ht-of-way.' and "A proiect sb~l! be divided in~0 separate structures so that no single Structure shall have more than 60 linear feet of frontage on one street, Th, ,e,setbacks of multiple structures on a .arcel may vary, provided that the average setback of the structures meets the setback required above and a,!l buildinns are at least 75 feet from the right-of-way." The Drouosed office buildinn is noted as being $2.~ feet from the from the riuht of way and thc ~ro~osed bank buildln,, is noted a~ being 73 feet from the right of way. Thc ~ro~osed bank buildina is noted as heinz 85 linier feet in width. Site clan avvroval From the $outhold Town Planning Board is required. Cut, rant to Article XXIV~ Section 280-127. if variances are granted. This Notiee of DisapProval was amended on May 2. 2008, followin~ a submission of a revised site olan last dated April 9~ 2008~ bringing back thc need for a linear frontage variance, din~ the need for a front yard setbask variance, changing the total lot size and chanltinlt the proposed side yard setback.-~ Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, ZBA, Planning FORM NO. 3 NOTICE OF DISAPPROVAL DATE: February 1, 2007 RENEWED & AMENDED: September 13, 2007 AMENDED: November 19, 2007 TO: Daniel Mooney P.C. PO Box 702 Mmtituck, NY 11952 Please take notice that your application dated Dcccmbcr 28, 2006 For permit to construct two buildings with retail, office and bank space at Location of property: 11500/11600/11700 Main Road, Mattituck County Tax Map No. 1000 - Section 122 Block3 Lot~5.1, 17, & 1.2 Is returned herewith and disaplm*ved on the following grrounds: The proposed construction, on this combined 70,796 parcel in the B/R-40 DistiScts is nol permitted pursuant to Article XVIII, Section 280-78I, which states, "Lots divided by district boundaries. When a parking lot is located partly in one diswict and partly in another district, the regulations for the district requiring ti~9 ~reater nmnber of parking soaces shall ano]y to all of the lot. Parking spaces on such a lot may...be located without regard to district lines, provided that nu such parking spaces shall be located in an'/residence district unless the use to which they are accessory is permitted iu such disffict or upon approval of the Board of Appeals." A portion of the vrooosed oarking for this project falls within the Residential R-40 District. In addition, the oroposed construction is not permitted pursuant to Article X~ Section 280-49, which states, "No building or premises shall be used and no building or oart thereof shall be erected or altered in the B District unless the same conforms to the Bulk Schedule and Parklno_ and Loading Schedules incorporated into this chapter by referencc~ with the same force and effect as if such regulations were set forth herein in full." Bulk schedule reauires a minimum sinelc sidc yard setback of 25 t~eet. Following the proposed constrnction, the .two-story office building ~vi][ have a single side yard setback of 15 feet. Site plan approval frown the Southold Town Planning Board is required, pursuant to Article XXIV, Section 280-127, if variances are granted. This Notice of Disapproval was issued with the understanding that the applicant is to i...m.,mediately merge all parcels sub,iect to this notice. This Notice of Disapproval was amended followln~, a chan~e in thc orooosed site Dian to eliminate the need for a variance for side yard setback and linier frontage. The most recent reviewed site plant by James Vincent DeLuca, Architect & Nathan Taft Corwln III, Land Surveyorvamended ' ~'orized SigfaU~rc ( Note to Applicant: Any change or devianon to t~ove referenced application, may require further review by the Southold Town Building Department. CC: file, ZBA, Plamting 80S6S9L~£9~ ±d3G 9NI09I~8 010Hi~05 8£:S~ DATE: February 1, 2007 RENEWED & AMENDED: September 13, 2007 PO 7o2 ( Please take notice that yyur application dated ne~ember 28, 2006 For pern~it to construct ~,,o buildin.s with retail, office and bm~ spa~ Location ofprope2y: 11500/1 t600/11700 Main Road, Mattituck County Tax Map No. 1000 - Section 122 Block3 Lot 2, 5.1, 17, & 1.2 Is returned herewith and disapproved on the following grounds:. ,.. $.f-77~ The proposed construcIion, on this combined ~,p,796~.pjrcel in the B/R-40 Districts is not permitted pursuant to Article XViIL Section 280-78I, wluc ~-~fF~ates, "Lots divided by district boundaries. When a parking lot is located partly in one district and paitlv in another district, the regulations for the district requiring the greater number of parking spaces shalr h~ply fo all of the lot. Parking spaces on such a lot may be located without re ag~Edd to district lines, provided that no such parking spaces shall be located in any residence district unless the use to which they are accessory is permitted in such district or upon approval of the Board of Appeals." A portion of the proposed parking for this project falls within the Residential R-40 District. _Site plan approval fi'om the Soutl{bld, Town Plato]ina Board is required, pursuant lo Article XXIV, Section 280-127, if variances are ~'anted This Notice of Dishppt'ovai s~as issued with the understanding that the applicant is to immediately merge al~ parcels subieCt to this notice. This Notice of Disapproval wa.s amended following a change in the proposed site plan to eliminate the need for a variance, for side yard setback and linier frontage. The most recent reviewed site plan~ by James Vincent DeLuca~ Architect & Nathan Taft Corwin III, Land Survevor. rmm~ded August 27,2007. · Autho-'~f~n ed Note to Applicant: Any. chanee~ or deviation to the above referenced ~',.,¢n· ·-~o,tlop_. ..... ~, nm) reqt.qrc further revie~x by the Southold To~vn Building Department. FORM NO. 3 NOTICE OF DISAPPROVAL TO: Daniel Mooney P.C. PO Box 702 Mattituck, NY 11952 Please take notice that your application dated December 28, 2006 DATE: February 1, 2007 b For permit to construct two buildings with retail, office and bank space at Location of property: i 1500/1 i 600/11700 Main Road, Mattituck FEB I ~ ~007 County Tax Map No. 1000 - Section 122 Block3 Lot 5.1, 17, & 1.2 Is returned herewith and disapproved on the following grounds: The proposed construction, on this combined 70,796 parcel in the B/R-40 Districts is not permitted pursuant to Article XI, Section 280-50A, which states, "Structures shall be setback at least 100 feet from the right of way." And Article XI, Section 280-50C, which states, "A project shall be divided into separate structures so that no single structure shall have more than 60 linear feet of frontage on one street." Following the proposed construction, one of the two buildings (west side) will have 65 linear feet of frontage on Main Road, the same building will be +/- 60 feet from the Main Road and the other (east side) will bc 64 feet from Main Road. In addition, the proposed construction is not permitted pursuant to Article XI, Section 280-49, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the B District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full." Following the proposed construction, the building on the east side of the property (bank building) will have a 12-foot single side yard setback. Bulk schedule requires a single side yard setback of 25 feet. Also, the proposed construction is not permitted pursuant to Article XVIII, Section 280-78I, which states, "Lots divided by district boundaries. When a parking lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parkin~ spaces shall apply to all of the lot. Parking spaces on such a lot may be located without regard to district lines, provided that no such parking spaces shall be located in any residence district unless the use to which the,/are accessory is permitted in such district or upon approval of the Board of Appeals." A portion of the proposed parking for this project falls within the Residential R-40 District. Site plan approval from the Southold Town Planning Board is required, pursuant to Article XXIV, Section 280-127, if variances are granted. This Notice of Disapproval was issued with the understanding that the applicant is to im~ mer. r,e-alt]~rcels sub.iect to this notice. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, ZBA, Planning TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTflOLD', NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined ,20__ Approved ~/,20 Disapproved a/c /7/ Expiration //' ,20 '7C '. BUILDINC~APP LICATION CHECKLIST DoW ha~'~r'~need the following, before applying'? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Phone: APPLICATION FOR BUILDING PERMIT Date ~ aD ,20 06 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationslfip to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the proper~y have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (SignatUre of aRplicant or name, if a corporation) (Mailing address of applicagt) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder l~ e3 T~ ,5-7/. '- /~q.4 o~t~ ~/ m rl~, o~v~.~,/ Nameofownerofpremises ~or- /. ~ D~,aoa~ .hq (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: //.Cta~ .- /l~oo.- i/~ac2 /,,Y#,,4/ /dO. 4- ,/Ob, a/.c House Number Street Hamlet County Tax Map No. 1000 Subdivision (Name) Section Filed Map No. ," !i >: Lot.: State existing a. Existing use and occupancy b. Intended use and occupancy and in, tended,us~'and ocb~llht~f proposed construction: Nature of work (check which applicable): New Building. Repair Removal Demolition Estimated Cost Fee If dwelling, number of dwelling units If garage, number of cars Addition Other Work Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front l/'P,~,~d4 Rear Height ¢/~rr'~ ~'-i Number of Stories t/P-~ c~ ~ ~ Dimensions of same structure with alterations or additions: Front Depth ~ ~,4-. Height. ¢/. ~ 8. Dimensions of entire new construction: Front Height Number of Stories 9. Size of lot: Front I q I ~ Rear ~)- ( -7 ! aJ ,~ Rear /t/fi' Number of Stories dt ,,t./ to .----- t't- ~'~ O. Rear _Depth Depth 10. DateofPurchase /qql- iqq6 .~qNameofFormerOwner Yt4.(go- ~o,.t'cc, r4Wrt -p4tcac,/.r~,r 11. Zone or use district in which premises are situated 14 ~ w (d ct o 12. Does proposed construction violate any zoning law, ordinance or regulation? YES K NO__ 13. Will lot be re-graded? YES X NO__Will excess fill be removed from premises? YES __ 14. Names of Owner of premises Address [9o'~ o, '~ g / Phone No. NameofArchitect 7.F'tq~( ~,~./..¢t~t~xtdress ~{e~,x~ rr ~,t4r~.~ PhoneNo Name of Contractor Address Phone No. NO X t_f "7 7 -'f J-r-~d-- 7~ 7- t 15 a. Is this property within 100 feet ora tidal wetland or a freshwater wetland? *YES__ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES__ NO ,<- * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO K 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF ~;,~,'-q"-t( ) i~,tq.~a.t~.~./' t,,4 ,t /dt~.,~n.'d~ i-~t,~O~2~ 'Ti ~ R t~4~ 0/4 ,q/' ,~I,4Y O ~v' ~:~,/ being duly sworn, deposes and says that (slhe is the-at~t/amm (Name of individual signing contract) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) .~ owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his ktlowledge and beliefi and that the work will be performed in the manner set forth in the application filed therewith. / ~ ' Sworn to before me this.x Notary eub}/c_ DANIEl- O,~MOONEY . No. 0~.- ~> Signature of Applicant f ?.2E-,8 zON G 280-,8 ~l/~I. l-ots divided by district boundaries When a parking lot is located artl inx~'' ' ('/ ,//~id partly in another district, the regulations fol' the district requirin~ theygrea~renc~briecrt ~ of parking spaces shall apply to all of the lot. Parking spaces on such a lot may be located without regard to district lines, provided that no such parking spaces shall be located in any residence district unless the use to which they are accessory is permitted iii such district or upon approval of the Board of Appeals. J. Parking regulations in multiple-dwelling or attached-dwelling developments. (1) Wherever space is provided for the parking of five or more vehicles in the open, such spaces shall be individually identified by means of pavement markings. (2) No parking space shall be located in any front yard nor within 10 feet of any lot line in side or rear yards. (3) The parking of motor vehicles is prohibited within 15 feet of any wall or portion thereof of a two- or more family dwelling, which wall contains windows (other than bathroom or kitchen windows) with a sill height of less than eight feet above the level of said parking space. (4) No service of any kind shall be permitted to be extended to users of the lot, including automobile service, repair or fueling, and no gasoline, oil, grease or other supplies shall be stored or sold in any such lot or in any garage on such lot. (5) Parking areas shall be screened by a substantial wall, fence or thick hedge, approved by the Planning Board. Generally, such screening shall not be less than four feet nor more than eight feet in height. K. Regulations for parking spaces adjacent to lots in any residence district. (1) Wherever a parking area of over five spaces abuts or is within 15 feet of the side or rear lot line of a lot in any residence district, said parking lot shall be screened from such adjoining lot by a substantial wall, fence or thick hedge approved by the Planning Board. Generally, such screen shall be not less than four feet nor more than eight feet in height. (2) Whenever a parking area of over five spaces is located across the street from other land in any residence district, it shall be screened from the view of such land by a thick hedge, wall or fence, approved by the Planning Board, located along a line drawn parallel to the street and a distance of 20 feet therefrom, such screening to be interrupted only at points of ingress and egress. Generally, no such screening shall be less than four feet nor more than six feet in height. The open area between such screening and the street shall be landscaped in harmony with the landscaping prevailing on neighboriug properties fi'onting on the same street. Two identification dud directioual signs located on thc street side of such screening shall be permitted; however, they shall not exceed an area of three sqnare feet each. L. Driveways. No driveway shall provide access to a tot located in another district, which lot is used for any use prohibited in the district in which such driveway is located. 280:93 0s-0~-2006 For Office Use Only Fee, $__ Filed By:. Date Assigned/Assignment No. House No. Street Hamlet SCTM1000SecfionlOa Block 03Lot(s). rT. I LotSize I (WE) APPEAL Title WRITTEN DETERMINATION OF THE~BUIL .DING INSPECTOR DATED ~¢(~,~ 0/~ BASED ON MAP DATED ~q~t(_~ q ~ Applicant(s)/Owner(s): ~- ~J ch 0 ~' -F lO ~ t~O 4 B MailingAddress: Q 0 ~O~. --/9~i ~'~ i7- Telephone:Y) ~ O b6 f Fax#: NOTE: In addition to the above~ please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: NameofRepresentative: ~ ~/ it¢c_ O_~ tan Oo'O~or(..~Owuer, or ( )Other: Agent's Address: i~)0 ~0g ~/ ~2~. f~A ~4- ~-T ITC~CtC ~-~' Please check box to spec~ who you wish correspondence to be mailed to, porn the above names: ~ ApplicanffOwner(s),or ~Author~ed Representative, or D Other Name/Address below: WHE~BY THE BUILDING INSPECTOR ~VIEWED MAP DATED ~ [ q [ 0~ and DENIED AN APPLICATION DATED ~{, I o 7 q~ ~ 0 ] FOR: ~ Bu~ding Petit D CerOficate of Occupancy ~ Pre-Certificate of Occupancy ~ Change of Use ~ Petit for As-Built Construction ~Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article ~. Section280- ~'l' ./~o~-~.c. Subsection ~-qq Type of Appeal. An Appeal is made for: I~A Variance to the Zoning Code or Zoning Map. ~ A Variance due to lack of access required by New York Town La,v-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal f~'has, [] has not been made at any time with respect to this property~ UNDER Appeal No. N:- Year . (Please be sure to research before~completing this question or call our office for t assistance.) t%10~3 ~Otg~4L. I.~ ~/~0 · ~fi~c~ ~.~ O~ i~J~olo' PRIOR ZBA DECISIONS YEAR 1972 1973 1975 1985 ZBA FILE NUMBER 1663 (copyannexed) 1857 (copyannexed) 2029 (copyannexed) 3359 (copyannexed) REASONS FOR APPEAL (additional sheets maF be used with applicant's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, becau~se: T"~-~_.. gvl,g.~h U~'I L.£ ~g~Od,~tdt-- (2) The benefit sought by the applicant C~NOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: ~¢,~ iR t~?tl~ ~0~ 0) The amount of relief requested is not substantial because: O ~ ~[ (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or (~o. Does this variance involve as-built construction or activity? ( ) Yes, or (~y~No. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure~consu~yo~ur attorney.) Signature/(~A~/~/of Appellant ~ Sworn to before me this ..~ (Agent must submit written Authorization fr~m Owner) a~y of ~ , ~o c~ Notary Publ~ NANCY K. MEIER Notary Public, State of New York No. 01-ME6038122 Qualified in Suffolk County Commission Expires Mamh 6, 20JZ) HUDSON CITY SAVINGS BANK PLAZA Present Owner of the parcel is: END OF THE ROAD LLC 575 Pine Place P.O. Box 731 East Marion, NY 11939 The Members of the LLC are: DEIRDRE M. MOONEY 78C Edwards Street Roslyn Heights, NY 11577 KIERNAN P. MOONEY 62 Alabama Street Long Beach, NY 11561 BRENDAN J. MOONEY 630 Fulton Street Farmingdale, NY 11935 MAUREEN M. MOONEY 575 Pine Place P.O. Box 731 East Marion, NY 11939 BOARD OF APPEALS.. APPLICATION ~THE SOUTHOLD TOWN BOARD O~,PPEALS For Office Use Only Fee: $. Filed By: __ Date Assigned/Assignment No. ~1 HouseNo. ~a~-Street J 0 Iq~ ~ ~0 Hamlet SCTM1000 Section ld&BIock0~ Lot(s)/.&~o~ LotSize ¢qtq~ Zone I (WE) APP~ THE WmTTEN DETE~INATION OF THE amLm~a ~SetCTOR DATED ~0~lq ~0'} BASED ON M~ DATED ~[~ {0 Applicant(s)/Owner(s): ~ ~30~ ~1~ ~ ~ MailingAddress: ..~- '7 ,~- Telephone: q77-6~615~ pt ME fL~l-e~_ ~0 t~03. 731 Fax#: tf-~-7-066S'~ Email: ~)~tko,ae~t~tOr-o~ &t~--tO~r' NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: NameofRepresentative: D~Ml~t~ O.~ I~[O0 M~f for( )Owner, or ( )Other: Agent's Address: II '~Oo /140r,~ Telephone oD q ~-ilO0 Fax#: Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s),or l~Authorized Representative, or [3 Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED AN APPLICATION DATED FOR: .~Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction [3Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article ~ Section 280-~" Subsection ~ ~cr,~.~ 4 q Type ol~ppeal. An Appeal is mhde for: ~II~A Variance to the Zoning Code or Zoning Map. E] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal ghas, [] has not been made at any time with respect to this property~ UNDER Appeal No. Year__. (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method ~a~ible for the applicant to pursue, other than an area variance, because: (3) i.e amount ol renei reque~teu ,s .ut auu ....... al because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been sel[created? ( )Yes, or ~o. Are there Covenants and Restrictions concerning this land: D No. ~es (~lease furnish co,vi. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to co~n~ult your attorney.) 'g pp or Authorize~Agent (Agent must submit written Authorlzation from~Owner) Sworn t? ~e_.folle. me this ! ~ NANCY K. MEIER Notary Public, State of New York No. 01-ME6038122 Qualified in Suffolk County Commission Expires Mash 6, 20.2 · ~ APPLICATION Tq~IIE SOUTHOLD TOWN ZONING Fee: $~:~ Filed By:__ Date Assigned/Assignment No. ~---- ~ {~ 1~:)AI'i'i,L,~ i lie % RITIEN DE 1 ERMINATI()~ ()1, I~11( BI;II,I)I~(; Applica,,t/Owncr(s): EWO OF Fn~ ~oOt) LL~ Mailing ._ ,gg ~Ji 0o Please specify ~ho )ou ssish correspondence lo bc mailed to, h*om the above li~ed names: [] .\l)I)licanl/O~ncr(s) ~]l{.&nthorizccl l~.epresenlati,, e ~ ()tile]-: WItEREBY THE BUll,DING INSPECTOR DENIED AN APPI.ICATION I),,VI'EI) FOil.: ~V~17 ~00'] ~ ihiihting Permit ~ Certificate of Occul)ancy ~ Pre-Certilicate of Occupancy ~] Permit for As-Built Con~truclion ii Other: Prnvision of the Zoning Ordinance Appealed. ludicate Article, Sectiou, Subsection and paragraph of Zouiog Ordinance by immbers. Do not quote the code. Article '~-~ Section 100- Dgc;' Subsection I ~) ') Type of Apl)eal. An Appeal is made for: ,~ ~ u ,, D ~- ~A Variance to the Zoning Code or Zoning Map. ~ A Variance due to lack of access required by New York Town Law-Section 280-A. ~ Interpretation of the Town Code. Article Section ~ Reversal or Other A l)rinr apl)Cai ~. has [] has uot beeu made with respect to this prope]'ly []N1)ER Appeal PRIOR ZBA DECISIONS YEAR 1972 1975 1985 ZBA FILE NUMBER 1663 (copy annexed) ! ~;57 (topi anncxcd) 2029 (copy annexed) 3359 (copy annexed) Name of Owner: REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (I) An nndesirable change will not be produced iu the CHARACTER of the neighborhood or a detrimeut to nearby properties if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for thc applicant to pursue, other than an area variance, because: (3) lhe amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: t kOL-L 1~/~' l~irrg~'r' (5) Has the alleged difficulty been self-created? ( )Yes, or Are there Covenants and Restrictions concerning this land: [] No. J~fYes (please[urnish cop},). ~ This is the MINIMUM that is necessary and adequate, aud at the saine time preserve and prutect thc character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING ~EQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to~dotlsult Jaottr/ltttornev.) Signature of Appellant or Author'[zed A~ent NANCY K. MEIER Notary Public, State of New York No. 01-ME6038122 Qualified in Suffolk County Commission Expires March 6, 20._L 001' 2 "'©ARD OF APPEALS Fee: $ [L:~/L/ Filed By: ~',~., ~ Cz//'~ Date Assigned/Assignment No. ~1~' OfflceN~otes /L ~ ~ n O ~ Parcel Location: House No. Street ~ ~ z ~ ~ ~ ~ Hamlet SCTM 1000 Section/~ Block ~ Lot(s) t. a ~ /Lot Size 7~ '?q~ ~ ~ne District I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: D-Il IO~ for 13~',t- t~,,~e~ ~t~/~m I'T~ Applicant/Owner(s): Mailing Address: Telephone: 0 ~ Cf -- t I O O Fax: NOTE: If applicant is not the owner, state below if applicant is owner's attorney, agent, arcMtect, builder, contract vendee, etc. Authorized Representative: ~ ~lt~t. ~, t/la OO~eT~ Address: ~ . 0 {~ 0 ~. -I 0 ~- fft g ~- 'l'-~ '~-c/ £ t<: t~/- t~ I l ct f ~o.. Telephone: Fax: Please specify who you wish correspondence to be mailed to, from the above listed names: [] Applicant/Owner(s) ii'Authorized Representative [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED I ~ {~.(~2G FOR: ~Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article ~ Section 100-o~ ~0 Subsection ~' Type of Appeal. An Appeal is made for: ~A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other  A prior appeal [] h/~ ~has not been made with respect to this property UNDER Appeal No~.)/)~t~Year ] ~/,3 (for current and all prior owners ). Name of Owners: REASONS FOR APPEAL (additional sheets mar be used with applicant's signature): AREA VARIANCE REASONS: (1) Au undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (2) The benefit sought by the applicant C~NOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) T~e f~ri~n~e ~ill ~OT ~e ~ ~dverse e~eet or impa~t on the ~hy~i~l or e.~ironment~l ~onditions in the neighborhood or ~istri~t because: (5) Has the alleged difficulty been self-created? ( )Yes, or (~ONo. Does this variance involve as-built construction or activity? ( ) Yes, or (~ No. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Signature of Appellant (Agent must submit written Authorization from Owner) Sworn to before me this ~'~ 20 o't · Notary Public ~ DANIEL C. MOONEY Notary Public, State of New York No. 02-MO6052771 Qualified In Suffolk County - Commission Expires December 26, 20/0 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE P DIRECTOR OF PLANNING May 28, 2008 Town of Southold ZBA 53085 Main Rd., P.O. Box ! 179 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) Mooney/End of Road LLC 6013 '/ Principi 6150 Seber 6156 J ud ge 6158 Swing 615q Ferrara 6160 Santiago 6161 .' McLaughlin 6162 Young 6163 j Berkowitz 6165,/ Kalas 6166 Jeffries 6167 ,/ Juul-Nielsen 6168 Sendlewski 6169 ./ Very truly yours, Thomas Isles, AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc 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 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE December 10, 2007 DEC ! 9 BOARD OF APPEALS THOMAS ISLES, AICP DIRECTOR 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) Diack 6109 Hill 6111 Planitzer 6112 LaChance 6113 Frienmann 6114 DiGregario 6115 Guja 6116 Mooney (End of the Road LLC) 6013 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) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631} 853-4044 cfi~ , (~-~- I Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Gerard P. Goehringer, ZBA Chairman Members of the Zoning Board of Appe~ From: Jerilyn B. Woodhouse, Chair Members of the Planning Board Date: June 23, 2008 Re: OI3D BOARD OF APPEALS Mooney; End of the Road LLC (Hudson City Savings Bank) SCTM#122-03-17.1 ZBA# 6013B The Planning Board received your request for comments regarding the above application for substandard setbacks of the proposed buildings and for a special exception to have a parking area in the residential R-40 Zoning District. The above- mentioned has been reviewed for site development and the following comments are for the Board's consideration. Setbacks for proposed buildings: The proposed office building is noted as being 52.5 feet from the right of way and the proposed bank building is noted as being 73 feet from the right of way. The proposed bank building is noted as being 85 linear feet in width. As per section 280-50A,C, which states that "Structures shall be set back at least 100 feet from the right -of-way," and "A project shall be divided into separate structures so that no single structure shall have more than 60 linear feet of frontage on the street. The setbacks of multiple structures on a parcel may vary, provided that the average setback of the structures meets the setbacks required above and all buildings are at least 75 feet from the right-of-way." After careful review, the Planning Board recommendation is to grant the above requested variances. The proposed location of the buildings will be set back further from the demolished North Fork bank building that had a front yard setback of only 44.5 feet. The proposed front yard setback of 52.5 feet for the office building and 73 feet for the bank building will be more in keeping with the nature and character along Main Street. It should be noted that the site to the west is much closer to the right-of-way as can be seen on the revised site plan. In addition the proposed development allows for a more efficient development of the lot with an access aisle along the center of the site that is aligned with Pacific Street across Main Road to the north, a design supported by a Traffic Impact study prepared by Eschbacher VHB. Lastly the proposed development allows for the bulk of parking being in the rear of the site and that is also in keeping with Route 25 (Main Street). Parking Area & Lighting The proposed construction on this 84,142 square foot parcel in the B/R-40 Districts is not permitted pursuant to section 280-781, which state, "When a parking lot is located partly in one district and partly in another district. Parking spaces on such a lot may be located without regard to district lines, provided that no such parking spaces shall be located in any residential district unless the use to which they are accessory is permitted in such district or upon approval of the Board of Appeals". The parking area to the rear of the site was a concern to the Planning Board however, after careful consideration it would be the Boards recommendation to grant the Special exception based on the following: The Planning Staff had recommended that the applicant revise the parking from an eastJwest orientation as proposed, to north/south that would make for a more efficient design and increase the circulation of the site. In addition, it would allow for an increased buffer area along the east site of the site, the most affected neighbor, which is a residential use. JUN 2 5 BOARD OF APPEALS At this point, guidelines for good exterior lighting have been discussed with the applicant. A lighting plan will be submitted for review and approval by the Planning Board that will determine what measures should be taken by the applicant to light only the subject pamel. Some conditions that the Planning Board will impose will be full cut off fixtures, light levels that do not exceed 0.1 foot candles (lc) at property lines and adjacent to business properties and no more than 0.05 fc at residential property boundaries. Last there will be regulatory hours of when lighting will be shut off but, due to the 24-hour nature of the ATM use, NYS regulates a minimum of 2 fc within 30 feet and 1 fc within 60 feet. It should be noted that the proposed location of the ATM is to be attached to east of the building closest to Main Street and approximately 100 feet away from the residential use noted on the plan. Summary: The most significant issues appear to be those that can be mitigated by good design to protect the character of the neighborhood, promote traffic safety, have adequate site circulation, and lessen the effects that development of a commercial use may have on the adjacent residential use. It should be noted that parking, landscaping and lighting will be reviewed carefully by the Planning Board to ensure the developed parking area will meet the needs of the use and be propedy screened from view with a substantial buffer. The lighting plan will be reviewed so that all outdoor lighting is arranged so as to minimize the projection of direct light and glare onto adjoining properties and streets and will be imposed through conditions as part of an approved site plan. We hope that the information provided to you is helpful. Should you have any questions or need additional information, please contact the Planning Department. Thank you. JUN 2 5 ~0118 BOARD OF APPEALS PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair ~NNI~TH L. EDWARDS MART )SEPH L. TOWNSEND A OF APPEAL5J [~NNING BOARD OFFICE TOWN OF SOUTHOLD ~[NG A~DPJgSS: P,O, Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Seuthold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Mr. Daniel C. Mooney 11700 Main Road, PO Box 702 Mattituck, NY 11952 Re: Proposed Site Plan for the Hudson City Savings Bank Plaza Located approximately 509' east of Bay Avenue, on the south side of NYS Road 25, in Mattituck SCTM: 1000-122-3-1.2, 2, 5.1 & 17 Zoning District: B & R-40 Dear Mr. Mooney: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, April 14, 2008: WHEREAS, this site plan is for the proposed construction of 2 buildings totaling 13,227 square feet where one proposed two story building is 9,986 square feet of office space and the other proposed one story building is 3,241 square feet for a bank use with 86 proposed parking spaces on a 1.931 acre split-zoned parcel in the General Business and Residential-40 Zoning Districts located approximately 509' east of Bay Avenue, on the south side of NYS Road 25, in Mattituck, SCTM#:1000-122-3-1.2, 2, 5.1 & 17; be it therefore RESOLVED, that the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiates the SEQR lead agency coordination process for this unlisted action. If you have any questions regarding the above, please contact this office. Very truly yours, house Chairperson CC: Scott Russell, Southold Town Supervisor Southold Town Board Southold Town Building Department Southold Town Zoning Board of Appeals Southold Town Engineer $outhold Town LWRP Coordinator ,~/,,~,tf Suffolk County Dept. of Health Services Suffolk County Planning Commission Suffork County Water Authority NYSDEC - Stony Brook NYSDOT Southold Town Trustees PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN It. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND April15,2008 PLANNING BOARD OFFICE TOWN OFSOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under ^rticle 8 (State Environmental Quality Review Act- SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern you believe should be evaluated. Enclosed are a copy of the proposal and a completed Environmental Assessment Form (E^F) to assist you in your response. Project Name: Proposed Site Plan for the Hudson City Savings Bank Plaza Located approximately 509' east of: Bay Avenue on the south side of NYS Road 25 in Mattituck. SCTM: 1000-122-3-1.2, 2, 5.1 & 17 Zoning District: B & R-40 Requested Action: This site plan is for the proposed construction of 2 buildings totaling 13,227 square feet where one proposed two story building is 9,986 square feet of office space and the other proposed one story building is 3,241 square feet for a bank use where 86 parking spaces are required, proposes 79 parking spaces to be built out and 7 land banked spaces on a 1.931 acre split- zoned parcel in the General Business and Residential-40 zoning districts located approximately 509' east of Bay Avenue on the south side of NYS Road 25 in Mattituck. SEQRA Classification: ( ) Type I ( ) Type II (X) Unlisted Contact Person: Bruno Semon, Sr, Site Plan Reviewer (631) 765-1938 The lead agency will determine the need for an Environmental Impact Statement (ELS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Lead Agency Coordination Request Page Two April 15, 2008 Planning Board Position: (x) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: For fudher information on this project, please feel free to contact this office. Very truly yours, "Jerilyn B. Woodhouse Chairperson CC: Scott Russell, Southold Town Supervisor Southold Town Board Southold Town Building Department Southold Town Zoning Board of Appeals Southold Town Engineer Southold Town LWRP Coordinator ~,4,~,~ Suffolk County Dept. of Health Services Suffolk County Planning Commission Suffolk County Water Authority NYSDEC - Stony Brook NYSDOT Southold Town Trustees ,~'~ ,,~.,~ TOWN oF SOUTHOLD PLANNINg, BOARD SITE PLAN APPLICATION SECTION A: Site Plan Name and Location Application Date: Suffolk County Tax Map #1000- ~,]1~. - 0 3 - 5". i Other SCTM Ss: I. ~/ 0 ~ %- i -'~ Street Address: I/_52tD ~it~/.5'O i~4tq~ ~.~ - Hamlet: P4 g;-r- q- tl-t/c.l< Distance to nearest intersection: ,5' o ~ ' E 0 F g ~ ~' ~ o E- - Type of Site Plan: X, New Amended Residential If Amended, last approval date: / / SECTION B: Owners/Agent Contact Information Please list name, mailing address, and phone number for the people below: PropertyOwner /MoOd~__~/ /~r~v,{eed ~ d,z. ed4 4.B~o~h~d~-~ ~,g.~e City_ ~-'-(4 ST- ~ a~, o e0 State Ik.]- L,{ Zip tl cl 5ot Home Telephone ':'{~ ?-q~-q' ~ Other Applicant ~d~ 0,~- T'H~ (2---0 ~ b k. tQ_ Street ~ -/~-- OPra.) ~__.~ Q~ gl ~t¢_- ~0/'~ Oy.-l_~{ Cit~ ~-~iCl iT 0't g IP, o aJ State i%/ - y Home Telephone q ~ '3 - C~ F"'/-~'- Other pphcant s Agent or Representanve: Contact Person(s)* [-0 tq M i gZ [- 0._ ~ ,9~0 ~-~ Ct City /~ O~"x-T- ITOc2- < State Zip l Iq ~-%&. Office Telephone ~ q'~'- I I t/O Other *Unless other~vise requested, correspondence will be sent only to the contact person noted here. Page I of 2 10/05/05 · SECTION C: Site Data Proposed constroction type: 'K New Property total acreage or square footage: Modification of Existing Structure Change of use i .q'%l ac./~r-f-~- Site Plan build-out acreage or square footage: t ~ %1 ac.C,aq,..f~. __Agricultural Is there an existing or proposed Sale of Development Rights on the property? Yes If yes, explain: No J Property Zoning District(s): Building Department Notice ofDisapproval Date: Q / { / 0-/ ~0r~fia/i)~ Is an application to the Southold Town Zoning Board of Appeals required? Yes ~ No If yes, have you submitted an application to the ZBA? Yes ~ No If yes, attach a copy of the application packet. Show all uses proposed and existing. Indicate which building will have which use. If more then one use is proposed per building, indicate square footage of floor area per use. List all existing property uses: List all proposed property uses: Other accessory uses: ~1 a ,'O~_ ( ~ ,long pr- PA. (~ g2, Men Existing lot coverage: 1/~"'.'.~% eroposed lot coverage: 3/? % Gross floor area of existing structure(s):..9i OO .sq. fl."- Gross floor area of proposed structure(s): Parking Space Data: ?j~ ~-. ,. I '- #of existing spaces: ~ S~ #of proposed space '~~)Loading Berth: Yes /No Landscaping Details: "~ Existing landscape coverage: '/0. %? Proposed landscape coverage: /--/! 3 % Waterfront Data: , Is this property within 500' of a wetland area? Yes No X If yes explain: I, the undersigned, certify that all the above information is true. , Date: Signature of Preparer:__ i)~ ~-[~Pa~e 2 of 2 10/05/05 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Pads A through E. Answers to these questions will be considered as pad of the application for approval and may be subject to i~udher verification and public review. Provide any additional information you bell eve will be needed to complete Pads 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or Investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Location of Action (tnolude Street Address, Municipali~ and Caun~) Name of Applicant/Sponsor Address Ci~/PO Business Telephone Name of Owner (if different) Address City/PO Business Telephone State Zip Code Description of Action: Page Please Complete Each Question--Indicate N,A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: ~ Urban [] Industrial E~rcommercial L---'~ Forest []Agriculture DOther J~esidential Isuburban) Rural (non-farm) 2. Total acreage of project area: I'Ot ~) acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24,25 of ECL) Water Surface Area ,; / Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) ~-{ ~' ~,~.~ J PRESENTLY AFTER COMPLETION Y~-.~ acres acres __acres .acres acres acres acres acres acres acres acres acrea ~ acres acres J acres acres What is predominant soil type(s) on project site7 a. Soil drainage: r~well drained I ¢67 % of site 4. Are there bedrock outcroppings on project site? [] Yes a. What is depth to bedrock ~f ~ (in feet) 5. Approximate percentage of proposed project rote with stopes: ~0-10% __% ~10 15% % [] 15% or greater__% 6. Is project substantial~ontiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? U Yes [] No Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [] Yes [~JNo []Moderately well drained % of site. ~Poorly drained __% of site If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? ' 0 acres (see 1 NYCRR 370). [] No What is the depth of the water table? j ~. lin feet) Is site located over a primary, principal, or sole source acluder? ~No ~Yes ~No 8. 9. [] Yes 10. Do hunting, fishing or shell fishing opportuhities preseml¥ exlsl in tile project area? 1 1. Does project'site contain any species of plant or animal life that is identified as threatened or endangered? DYes According to: Identify each species: 1 2. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, ether geological formations? DYes []No Describe: 1 3. Is the project site presently used by the community or neighborhood as an open space or recreation area? if yes, explain: 1 4. Does the present site hjciude scenic views known to be important to the 1 5. Streams within or contiguous to proiact area: a, Name of Stream and name of River to which it ia tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: b. Size {in acres/: E]Yes r~No Page .~ of 21 17, Is the site served by existing public utilities? [] Yes [] No a. If YES, does sufficient capacity exist to allow connection? []Yes b. If YES, will improvements be necessary to allow connection? DNo DYes ~[No 18, Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? L---~Yes ~J'No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? r~ Yes r~J'No 20. Has the site ever been used for the disposal of solid or hazardous wastes? I~. 1. DYes []No Project Description Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlted by project sponsor: ~ 'C~ ~ acres. b. Project acreage to be developed: i~q'3 acres initially; J t~5 acres ultimately. c. Project acreage to remain undeveloped: L0 acres. d. Length of project, in miles: (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed.----~-~ %.// f. ; proposed g. (upo~completion of project)? Number of off-street parking spaces existing Maximum vehicular trips generated per hour: if residential: Number and type of housing units: One Family Initially Ultimately i. Dimensions (in feet) of largest proposed structure: Two Family Multiple Famgy Condominium height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ~,~-~>' ~ ft. How much natural material (i.e. rock, earth, etc.) will be removed from the site? /V/~).~vf;; tons/cubic yards. Will disturbed areas be reclaimed ~'Yes BNo DN/A a. If yes, for what intended purpose is the site being reclaimed? I b. Will topsoil be stockpiled for reclamation? [] Yes [] No c. Will upper subsoil be stockpiled for reclamation? [] Yes [] No HO'f,/ fT~rZr3¥ acres of ve(letatJon (trees, shrubs, groLmd covers) wilt be removed from sita? ..... acres Page 5 of 21 7. If multi-phased: a, Total number of phases anticipated ~ (number) b. Anticipated date of commencement phase 1: ._.~ month 0 ~' year, (including demolition) c. Approximate completion date of final phase: i( month {") ~ year. d. Is phase 1 functionally dependent on subsequent phases? ~ Yes ~ No 8, Will blasting occur during construction? [] Yes [~_ No 9. Number of jobs generated: during construction ,~. 0 ; after project is complet¢ 10. Number of jobs eliminated by this project 11, Will project require relocation of any projects or facilities? ~ Yes [~. No If yes, explain: 1 2. Is surface liquid waste disposal involYed? [] Yes []No a. If yes, indicate type of waste Isewage, industrial, ere) and amount b. Name of water body into which effluent will bo discharged 13. Is subsurface liquid waste disposal involved? ~ Yes ~ No Type ~'¢ 14. Will surface area of an existing water body increase or decrease by proposal? r~ Yes [] No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? []Yes ~No 16. Will the project generate solid waste? [] Yes [] No a. If yes, what is the amount per month? .:..~ tons b. If yes, will an existing solid waste facility be used? [~Yes [] No c. Ifyes, givename ~/z'e_.~,-~7(:,~'~.~..T~lO~c ~ ; location Will any wastes not go into a sewage disposal system or into a sanitary landfill? ]""]Yes Will any mature forest )over 100 years old) or other Iocally-imporlant vegetation be removed by this project? r~¥es ~No If single phase project: Anticipated period of construction: ~ months, (including demolition) e. If yes, explain: 17. Will the project involve the disposal of solid waste? ~Yes ~No a. If yes, what is the anticipated rate of disposal? __ tons/month. b. If yes, what is the anticipated sit~ llfe? __ years. 18. Will project use herbicides or pesticides? DYes [~No 19. Will project routinely produce odors (more than one hour per day)? OYes 20. Will project produce operating noise exceeding the local ambient noise levels? DYes l~.~No 21.-Will project result in an increase in energy use? [] Yes [] No / ./ If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity /~ ~'~ gallons/minute. 23. Total anticipated water usage per day "~,~ gallons/day. 24. Does project involve Local, State or Federal funding? [] Yes [] No If yes, explain: 25. Approvals Required; City, Town, Village Board r~Yes [] No Type Submittal Date City,~oning Board ~.Yes [] No City,~Health Department ]~Ves r'~No Other Local Agencies State Agencies r'~Yes [] NO Federal Agencies DYes C. Zoning and Planning Information proposed action involve a planning or zoning decision? [~rYes ~ No 1. Does If Yes, indicate decision required: []Zoning amendment []Site plan , []Zoning variance [~ Spedial use permit r~] New/revision of master plan ]Resource management plan ['~ Subdivision MOther Page l/of 21 2. What is the zomng classification(s) of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? What ara tho predominant land usels) and zoni~ classifioations Within a V~ milo radlus~propos~d 8. Is the proposed action compatible with adjoining/surrounding land uses with a % mile? []Yes [] No 9. If the proposed action is the subdivision of land, how many lots are proposed? a Wh~t is fiT} minimum lot size proposed? Page 9 of 21 10. Will proposed action requ,re any authorization(s) for the formation of sewer or water districts? [] Yes [] No 1 1. Will the proposed action create a demand for any community provided services (recreation, education, po(ice, fire protection? I Yes 12. a. If yes, is existing capacity sufficient to handle projected demand? [] Yes [] No Will the proposed action result in the generation of traffic significantly above present levels? [] Yes [] No a, If yes, is the existing road network adequate to handle the additional traffic. DYes [] No D, Informational Details Attach any additional information as may ben'ceded to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss ~J~ch impacts and the measures which you propose to mitigate or avoid them. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name 0 ~' '-C- ~ ~_~ 1/~ ~ ~ Signature Title If the action is in the Coastal Area, and you are a state agency, complete the Co,st.[ Assessme~t Form before proceeding with this assessment. · ,- EXTEHDED POLE MOUNT 12" (305 mm) AREA CUTOFF FLOOD PULSE START METAL HALIDE [] i!i!~iiii t25W PSMH MAC2612-(=a)(b) ~.ii~i~i!! 150WPSMH MAC2615-(H(b) METAL HALIDE ~'iii~iii-- SOWMH MAC240S-(.)(a) [] ~iil 70W MN MAC2407-(a)(b) [] i~[ii 175WMH MAC2417-(a}{b~ ($tanda~*~ 150W PSMH; 70 - 175W MH; 70 - ~ 50w HPS) O 120/2T/V(~6: 125WpSMH; -:(a)F Fusin9. 50- lOOW MU; 50W HPS} -(a)P Button Photo~dl M 120/208/240/2T/V -SP External Photoceg ~a~dwd: 150w PsMI~ 175W MH; 70 - 150W ILo'S) Q Quartz Standby T 120/277/347V (C~n~a Only) p~ums toow qm~z (WA on 2z'/V Reactor) 100W MH MAC2410~a}(bI HIGH PRESSURE SODIUM B iii~ii 35W HP$ MAC2503-~a)(b) ~.~ii 5OW HPS MAC2505-(a)(b) [] ~ii~iiii 7OW HP$ MAC2507-(a)(b) [:] i!!!~iiii 10OW HPS M~C2510-~a)<b~ ~ ~iii 150W HPS MAC2515-(e)(b) specu7 (~) Voltqe & {~) epuoAf. III '"' " 60° forward throw sharp cUtoff luminelre fei HID lamp, totaJiy enclosed. Housing Is seamless, die-cast aJuminum, Mounting consists of a 1.8' (44 nun) wide by 2.5" (64 mm) high by 6' (152 mm) long extruded aluminum arm. The arm is held In place wrdl two 3/8' (9 mm) mounting rods fastened to a steel bncidng plale inside the pole, and by two nuts inside the fixture housing. Mounting rods am provided with sealing washem to prevent water leakage. Lens assembly consists of rigid aluminum frame and high-impact, clenr.tempared glass. 120V {Standae 3~W:H~S) 27 277V Reactor 3 208V 4 240V ~ 480V pTSW ~: 70 - 15OW.HPS) Rxture Includes dear, medlum-ban~ lamp, Pulse-rated porcelain e~dosed, 4b/-rated screw- shell-type iampheldsr. Lamp Ignitor Included where required. NI ballast assemblies am high- power ranter and use the following clmu[:t types: Renctor(2TIV PSMH) 150W PSMH Reactor 120V: 35-150W HPS HX -- High R~actenco 50-100W MH; 50 - 150W HPS CWA -- Constant Wattage Autotransformer 125 & 150W PSMH; 175W MH US 4,689,729 FWG-12 Wire Guard $BL-12 Baddlght Shield ANSI lamp wattage label supplied, visible dudng relamplno. UL Usted In US and Canada for wet locations and enclosure classified IP65 per IEC 529 and'lEC 598. 9201 Washington Avenue Racine, Wisconsin $3406-$772 USA PHONE (262) 888-1900 0 Ruud Lighting lAC. Printed 1~ USA I WWW. m~,~lght lAg.con1 t FAX (262) 884-330,9.12/11/03 §" EXTENDED POLE MOUNT 12" (305 mm) AREA CUTOFF LIGHT EPA RATING ~sofootcandle plots show initial footcandles at grads. {Footcandles + 0.0929 = Lux) EPA 0,60 for single fixture with 0° tilt (Consult factory for EPA rating on multiple units). 80` 60` 40` 20' 0` 20' ,40' 60` 80` 80* 80* 40* 20' 0. 20' 40' 60' 80' 80' 24.4 80* 24,4 60' 18.3 4(7 12.2 20' 0,1 0. 0 m 20` 8.t 40' 12.2 60' 18.3 80* 24.4 24.4 18.3 122 6.1 Om 6.1 122 18.3 24.4 I' i -- · 12,2 20,/ 11tl/i 6.t 20* ............ 6.1 r 12.2 60' 18.3 80` 24.4 24.4 18.3 12~ 6.1 Om 6.1 122 18~ 24.4 Lighting Sslenoes Inc. CeTtifled Test Report No. L$110698 Candlepower distribution curve of 175W MH Restaogltiar Area Cutoff FtoodtigM, with light shield toeuted for baoklight cutoff. Isetootoandle pict Of 175W MH Area Cutoff Roodllght at 15' (4.6 m) mounting helgM, O* vertical tilt, with baekligbt shield located for bacldlgM cutoff, (Plan view) Isotootcandle plot Of 175W MH Area Cutoff Roodltght al 20' (6.1 m) mounting height, O° vertical Uit, with backlight shield htcatad for bsuklight cutoff. (Plan view) Lighting Sslences Igc. Certified T~st Report No. LS111233 Candlepower dlstributhtn surca of 150W HPS Rectangular Area Cotoff FlOodlight, with back- Oght shield Iocatod for baskRgut cutoff. Pole-spacing Example Data 80` 60' 40' 20* O' 20* 40* 6(7 8(7 80` 60* 40' 20' 0. 20* 40* 60* 80' 80' 24.4 80' 24.4 60* 18.3 40' ---- 12.2 20* 6.1 0. 0 m 20' 6.1 4O' 12.2 80* 18.3 80` 24.4 24.4 18.3 12.2 8.1 Om 6.1 122 18.3 24.4 60' -- ' -- -~. 18.3 20`\ ,/' t2.2 0. LU Cd o.1 Om 20* -- 6.1 40' -- -- 12.2 60* .... 18.3 80' 24.4 24.4 18.3 122 6.1 Om 6.1 12`2 183 24.4 Isofootcaodle plot of 150W HPS Area Cutoff Raodlight at 15' (4.6 m) mounting height, S° vertical tilt, with baskllght shield located for backllght suteff. (Plan view) ~ Average Initial Light Levels al Grade Te~l ama is centered within a (16) pole ~ayoul, (Footcandles + 0.0929 = Lux) Isofootcandle plot of 150W HPS Area Cutoff Floodlight at 26' (6.1 m) mounting height, O° veflical tilt, with backllght shield located for bashtlgM cutoff. (Plan view) Catalog d Lamp Type Lamp Lumens Mounting Height Max. Recommended Pole-spacing Footcandtes Lox MAC2410*D lOOW MH 8,100 10' (3.0 re) 40' (12.1 m) x 55' (16,7 m) 4,92 53 15' (4,6 m) 60' (18.3 m) x 85' (25.9 m) 2.04 22 MAC2417-M 175W MH 12,000 15' (4.6 m) 60' (18.3 m) x 85' (25,9 m) 3.01 32 20' (6.1 m) 75' (22.9 m) x 110' (33.5 m) 1.81 20 MAC2516-M lOOW HPS 0,500 10' (3.0 m) 40' (12,1 m) x 55' (I6.7 m) 5,05 55 1§* (4.6 m) 60' (18.3 m) x 85' (25.9 m) 2.08 22 MAC2515-M 150W HPS 16,000 15' (4,6 m) 60' (18.3 m) x 85' (25.9 m) 3.51 38 20' (6,1 m} 75' (22.9 m) x 110' (33.5 m) 2,11 23 PHONE (262) 886-1900 FAX(262) 884-3309 RUUD' L C;HT NG 9201 Washington Avenue Racine, Wisconsin 53406-3772 USA © Ruud Lighting Inc. Printed in USA t www. ruud~ighUng.com I 11/11/05 FEB 1 ~) ZOO7 JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Date: December 3, 2007 To: James Dinizio, Chair, Zoning Board of Appeals From: Jerilyn B Woodhouse, Chair ~ Re: Appeal # 6013 DEC 1 0 2007 BOARD OF APPEALS Mooney (aka End of the Road LLC & Hudson City Savings Bank Plaza) Address: 11,520-11,750 Main Road, Mattituck SCTM # 1000-122-3-03, 1.2, 5.1, & 17 Zone: B & R-40 In response to your memo dated November 27, 2007, the Planning Board has reviewed the application referenced above, and offers the following preliminary comments. Please be advised, we anticipate the Zoning Board of Appeals' request to the Planning Board to conduct SEQR for this action. We will be able to provide full comments after we receive and review all information necessary to complete a SEQR determination. We received an incomplete site plan application for this project on October 24, 2007, under a Notice of Disapproval from the Building Department dated September 13, 2007, and last revised November 19, 2007. · At a work session in mid-November, the Planning Board requested revisions to the site plan and a complete site plan application be submitted. The date of the most current drawing in the Planning Board's file is November 19, 2007. The applicant has not yet submitted a complete application. We will make every effort to coordinate our review to make certain we are all reviewing the same version of the site plans. The proposed commercial project is located on property within two zoning districts, and abuts a residential neighborhood. Providing adequate buffers for the residential uses to the east and south of the property is important. The Planning Board is committed to coordinating our respective reviews of this application in a manner that is as efficient and expeditious as possible. We appreciate the opportunity to offer our full comments as soon as we are able to complete SEQR. October 1, 2008 02/02 OCT 1 20O8 FAX (631) ~9a.499{I Town of Southold Zen/ns Board of Appeals Attention: Kieran M. Corcoran, Esq. 53095 Route 25, P.O, Box 1179 Southold, NY 11971 END OF THE ROAD LLC District 1000, Section. 122, Block 3, Lot 171 ZBA File No. 6013 Hearing Date: June 26, 2008 We are approaching the 60th day firom the extension date as contained in my letter dated August 16, 2008. ! presume the Board will not render a decision until the SEQRA is completed. in that regard, the anthropological survey has been completed. There were no artifacts found, but we have not received the written report as yet. It was premised weeks ago. Accordingly, the applicant consents to extend the time for a decision by the ZBA for an additional 60 days. Further, for your information, the applicant has made minor changes to the site plan requested by the Planmng Board and the NYS D.O.T. We have been waiting for what we hope are the final changes to the site plan and I expect to submit the final site plan to the Planning Board staff this week. Once again, thank you for your courtesy in t. Ns matter. DCM:nm Ms. Linda Kowalski, via fax Ms. Heather Lanza, via e-mall End of the Road, LLC Very ta'uly yours, D oney ' C. Moomy, P.C. ATTORNEy 11700 MAI~I I~OAD O. BOX ~.~llli(l'~..~ ~ 11952 P~GE 0~/02 August 15, 200g (631) 298-1100 FAX (63I) 298-4998 demo~ney~ptonllne.net Town of Southold Zoning Board of Appeals Attention: Kieran M. Corcoran, Esq. 53095 Route 25, P,O. Box 1179 Southold, NY 11971 Re; AUG 15 2008 BO?,2D OF APPEALS .END OF TI-~ ROAD LLC District 1000, Section 1.22, Block 3, Lot 17.1 Z'BA File No. 6013 Hearing Date: June 26, 2008 We are approaching the 60th day from the hearing in the above-refereaaced matter and I presume the Board will not render a decision until the SEQRA is completed. In that regard, the anthropological surve7 should be undertaken by the firm the applicant retained and, hopefully, completed within two weeks. Accordingly, the applicant consents to extend the time for a decision by the ZBA for an additional 60 days. Further, for your information, the applicant has made the changes to the site plan requested by the Planning Board and the NYS D,O.T. I expect to submit what, we hope, is the final site plan to the Planning Board staffnext week. Once again, thank you for your courtesy in this matter. DCM:nm c: Ms. Linda Kowalski, via fax Ms. Heather Lanza, via e-mail End of the Road, LLC Very traly yours, Daniel C. Mooney DANIEL C. MOONEY, P.C. ATTORNEY 11700 MAIN ROAD P. O. BOX 702 MATTITUCK, NY 11952 April 15, 2008 (631) 298-1100 FAX (631) 298-4998 dcmooney~optonline.net Town of Southold Attention: Tax Assessor 53095 Route 25, P.O. Box 1179 Southold, NY 1 I971 BOARD OF APPEALS Re: Hudson City Savings Bank End of the Road LLC District 1000, Section 122, Block 3, Lots 5.1, 17, 1.2 and 02 Dear Madam/Sir: As per the request of the Planning Board, enclosed herewith please find a copy of the deeds to each of the above-referenced parcels into End of the Road LLC and the recording information from a current title report. Please have the parcels merged into a single lot with a single tax map number. Thank you for your courtesy. Very truly yours, DCM:nm Enclosures c: End of the Road LLC Daniel C. Mooney Phone: June 2,2008 Zoning Board of Appeals Southold Town Hall 53095 Main Road PO Box 1179 Southold, NY 11971-0959 Management, LLC P.O. Box 77 Mattituck, NY 11952 (631) 298-8494 Fax: (631) 298-6316 Email: aac~ r@ optonline, net To Whom It May Concern: We have received your letter dated May 28, 2008 with the enclosed site and landscaping plan. We are in accord with the plans, however we wish to list two of our concerns. Firstly, to assure less noise and address visual concerns greater landscape barrier should be provided. Secondly, the commercial lighting and its effects on residential lots should be addressed. Thank you for your attention to these matters. I remain, Very truly yours, Alan A. Cardinale RECEIVED ~,4A¥' 2 8 ~?008 D^NIEL C. MOONE¥, P.C. ATTORNEY 11700 MAiN ROAD P. O. BOX 702 MATT1TUCK, NY 11952 May 27, 2008 (631) 298-1100 FAX (631) 298-4998 dcmooney~opt online.net Town of Southold Town Board Town of Southold Planning Board Town of Southold Zoning Board of Appeals Town of Southold Architectural Review Committee 53095 Route 25, P.O. Box 1179 Southold, NY 11971 Re: District 1000, Section 122, Block 03, Hudson City Plaza Ladies and Gentlemen: I have received a copy of a letter, dated May 16, 2008, addressed to each of you from Stephanie Rugg!es and Kevin Beasley who reside at 935 Johns Road, Mattituck. I had previously spoken with Ms. Ruggles and supplied her with a copy of the site plan, the landscaping plan and an elevation sketch of each of the buildings and had discussed the proposal with her. Thereafter, having been advised that Ms. Ruggles and Mr. Beasley are represented by Abigail Wickham, Esq., I did not have any further discussions with them. However, I did hand deliver the enclosed letter and enclosures referred to therein to Mrs. Wickham's office. To date, I have had no response to that letter nor have I been told that Mrs. Wickham does not represent Ms. Ruggles and Mr. Beasley. My letter to Mrs. Wickham is rather self-explanatory in that my client is willing to discuss the neighbors' concerns. In connection therewith, the client offered to install a six-foot high fence and/or a natural buffer arotmd the Ruggles/Beasley parcel. However, Ms. Ruggles and Mr. Beasley are insistent that the applicant purchase their home. The ZBA and the Planning Board have expressed to the applicant that it must ameliorate the effects on the Johns Road parcels including the following: The parking area will not be paved beyond the 200-foot "B" zone parcel on the Main Road, but will be covered with gravel (hence, no skateboarders); The Planning Board has insisted upon and the applicant will install "dark sky" lighting which will not invade the surrounding parcels and be controlled by timers; Tovol Town Town Town adv~r: On th, at the modu DCM Enclo C: of Southold Town Board of Southold Planning Board of Southold Zoning Board of Appeals of Southold Architectural Review Committee The applicant has submitted a landscape plan which provides for a full 25-foot buffer around the subject parcel with appropriate landscaping (as mentioned above, the applicant has offered to erect a six-foot fence if Ms. Ruggles and Mr. Beasley wish one and the Board approves); The drainage system as designed will insure that there is no runoffonto any parcel or onto Johns Road. A review of the drainage plan reveals that there are 34 (yes, 34) catch basins in the parking area, plus the rear of the parking area will be unpaved and hence, runoff will be completely eliminated; and With respect to Ms. Ruggles' and Mr. Beasley's request that they be notified about any progress or meetings, Ms. Ruggles had received and signed for a notice of the ZBA hearing in November 2007, but did not attend or raise any objections at the December 20, 2007 hearing. In conclusion, the applicant has and will continue to do whatever it can to lessen any ~ impact on the homes on Johns Road. The plans previously submitted demonstrate this. , other hand, the proposed bank and the office building will greatly improve the Main Road entrance to the Mattituck hamlet; remove pre-existing, non-conforming uses; and remove a ar home on Johns Road which could only be described as an "eyesore". I hope this sets the record straight. Thank you for your consideration in this matter. nm lures Abigail Wickham, Esq. Ms. Stephanie Ruggles Mr. Kevin Beasley End of the Road LLC Daniel C. Moont SuF Just Cot Cot Cot COL Plat We prol mai, that Luc~ my J We ima im~ Bef priv us~ a cons We f are n solid aroul open noise This i cars ~ but e the d We a bring there lot tn :he Southold Town Board: ervisor, Scott Russell ce, Lousia Evans ncilman, Thomas Wicham ncilman, Albert Krupski ncilman, William Ruland ncilman, Vincent Orlando ning Board, Zoning Board of Appeals, and the Architectural Review Committee: are writing in reference to the Hudson City Saving bank complex that is being ,osed for the site located along Rt 25 in Mattituck. As property owners we have some )r concerns about the proposed plan. As you may or may not be aware the property cuts into and is surrounded by on two sides by this complex does not belong to the s family (which the survey incorrectly displays) It belongs to I, Stephanie Ruggles, and :ianc~ Kevin Beasley. We bought the property in November of 2006. tppreciate you taking the time to listen to our concerns. We believe that if anyone can line their own home in the position of ours, you'll understand and consider some Bdiate, necessary changes to the plan. 'e the adjacent properties of land were cleared out, our property was completely te. We were completely surrounded by brush and trees that were visually protecting id the foliage was a noise buffer from the busy main road. Now we not only 3ntly hear traffic, but can see it, and can be seen as well. ~1 extremely vulnerable living 25 feet away from a parking lot and drive-through. We ;questing not only trees be planted for privacy to replace what once was, but also a fence to be built. If it can't surround the entire bank complex, consider at least ,d the north and west sides of our property. Without that fence, our property will be for people to walk through, skateboarders to roam, and will be exposed to a lot of · I'm sure you are aware this drive-through will sit immediately after the 25 foot buffer. s a mere 25 feet away from our property, we have HUGE concerns about that. The vaiting in line will be constantly running adding to not only to the noise pollution, fen more upsetting- will be the cars expelling exhaust fumes in the air while sitting at 'ive-through. 'e aware that the site needs to be level with the road, which if we are correct, will the complex's ground level up about 5 feet above our property. Yes, we understand will be a drainage system in place but are concerned about runoff from the parking veling down the slope directly into our yard and into our well wa~ter~: :::-=7- - -"';~:. '~'; S.i ~ 'L,,~F,'S ui:PiCE The lighting is another major concern of ours. As of now we can see the stars at night. We kncw that will change and will have parking lot security lights illuminating our yard and shit lng into our home. We do not feel good about this project, actually we are sick over it. When we bought this hon te two years ago, we had no idea we would be living surrounded by a parking lot and ban ( drive-through. We do not feel regret for buying our property because we know we are ucky to be local 24 and 25 year-old home owners. But, it is sad that we once had bea ttiful land and woods surrounding us, and now this bank complex will be our nei[~ hbor. It is sad and disheartening especially after being so harshly taxed for the Sou!hold Town land preservation program. That is a direct slap in the face. We would appreciate it if we could be notified about progress on this project, and of any upcoming meetings. Thank you for considering our requests, and thank you for your time. Step ~anie Ruggles Kevin Beasley ~ Hon e: 298-7028 Cell: 255-9345 935 ohns Rd PO [ ox 832 Matt tuck, NY 11952 l To ti ~e Southold Town Zoning B~ of Appeals: Rut~ Oliva Gera Mict- Leslk Lind~ Soutl May 16, 2008 · d Goehringer Jr ' '~. ; Dinizio aelSimo. /~_~Y. 19 2008 / ~ Weisman Kowalski ~" f"P ~/~' / ~old Town Board, PlanninB Board, and the Arch~tural R~mi~e: We ~ prop, ma jo that ~ Luca my F re writing in reference to the Hudson City Saving bank complex that is being ~sed for the site located along Rt 25 in Mattituck. As property owners we have some ' concerns about the proposed plan. As you may or may not be aware the property uts into and is surrounded by on two sides by this complex does not belong to the ;family (which the survey incorrectly displays) It belongs to I, Stephanie Ruggles, and anc~ Kevin Beasley. We bought the property in November of 2006. We appreciate you taking the time to listen to our concerns. We believe that if anyone can imagine their own home in the position of ours, you'll understand and consider some immediate, necessary changes to the plan. Before the adjacent properties of land were cleared out, our property was completely private. We were completely surrounded by brush and trees that were visually protecting us, and the foliage was a noise buffer from the busy main road. Now we not only constantly hear traffic, but can see it, and can be seen as well. We feel extremely vulnerable living 25 feet away from a parking lot and drive-through. We are requesting not only trees be planted for privacy to replace what once was, but also a solid fence to be built. If it can't surround the entire bank complex, consider at least around the north and west sides of our property. Without that fence, our property will be open for people to walk through, skateboarders to roam, and will be exposed to a lot of noise. I'm sure you are aware this drive-through will sit immediately after the 25 foot buffer. This is a mere 25 feet away from our property, we have HUGE concerns about that. The cars waiting in line will be constantly running adding to not only to the noise pollution, but even more upsetting- will be the cars expelling exhaust fumes in the air while sitting at the drive-through. We are aware that the site needs to be level with the road, which if we are correct, will bring the complex's ground level up about 5 feet above our property. Yes, we understand there will be a drainage system in place but are concerned about runoff from the parking lot traveling down the slope directly into our yard and into our well water. The lighting is another major concern of ours. As of now we can see the stars at night. We know that will change and will have parking lot security lights illuminating our yard and shining into our home. We do not feel good about this project, actually we are sick over it. When we bought this home two years ago, we had no idea we would be living surrounded by a parking lot and bank drive-through. We do not feel regret for buying our property because we know we are lucky to be local 24 and 25 year-old home owners. But, it is sad that we once had beautiful land and woods surrounding us, and now this bank complex will be our neighbor. It is sad and disheartening especially after being so harshly taxed for the Southold Town land preservation program. That is a direct slap in the face. We would appreciate it if we could be notified about progress on this project, and of any upcoming meetings. Thank you for considering our requests, and thank you for your time. Stephanie Ruggles Kevin Beasley Home: 298-7028 Cell: 255-9345 935 Johns Rd PO Box 832 Mattituck, NY 11952 DANIEL C. MOONE¥. P.C. ATTORNEY 11700 MAIN KOAD P. O. BOX 702 MATTITUCK. NY 11952 May 7, 2008 (6¸ BOARD GF APPEALS ,tonline.net Town of Southold Zoning Board of Appeals 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re: 11520-11750 Main Road, Mattituck District 1000, Section 122, Block 3, Lot 17.1 ZBA File No. 6013 Ladies and Gentlemen: Enclosed herewith please find a copy of the following: 2. 3. 4. 5. 6. 7. 8. An amended application; Notice of Disapproval, dated May 2, 2008; Proposed site plan with drainage; Proposed lighting plan; Proposed landscaping plan; A radius map of the site; Elevations and floor plan of the bank building; and Elevations and floor plan of the office building. The amendment of the pending application is the result of the Notice of Disapproval, dated May 2, 2008, which amended the prior disapproval from the Building Department and raises some new issues. The site plan is currently being reviewed by the Planning Board, the Suffolk County Department of Health Services and the New York State Department of Transportation. A State Environmental Quality Review has been ordered by the Planning Board and paid for by the applicant. The previous application included a request to allow parking on the R40 parcel (lots 1.2 and 17) with restrictions on paving, lighting, appropriate landscaped buffers and setbacks. After consultation with the Planning Board staff, the applicant has now rearranged the parking grid to provide that no parked vehicles on the R40 parcel will face the residence on the north side of Johns Road east of this parcel and has included a 25-foot landscaped buffer along the east and south sides of the parcel which preserves some large trees. The current plan provides the required parking pursuant to the Code. Town of Southold Zoning Board of Appeals May 7, 2008 Page Two You may recall that the parcel to the west (lot 6, the sporting goods store) is zoned "B" its entire length from the Main Road to Johns Road. The four lots delineated on the plan (5.1, 17, 1.2 and 2) have been merged and the Assessor has assigned a new lot number (17.1). Hence, the sole owner/applicant, "End of the Road LLC". The applicant has applied for and received a demolition permit for the structures on the site from the Building Department, but has delayed demolition pending review and, hopefully, approval of the site plan and the required variances. The fuel oil tanks have been removed by a licensed environmental contractor and utilities disconnected from all but one of the buildings. The owner has prepared and executed a cross easement allowing the adjacent parcels access from one site to the other for vehicle traffic and utility placement. This will allow vehicles to drive from the parcels to the east and west without exiting and reentering from/to the Main Road. The December 20, 2007 hearing remains open and by agreement the time for a decision has been extended until June 20, 2008. By copy of this letter to counsel for the ZBA, the applicant agrees to have that hearing held open until July 25, 2008. While reasonable people may differ in their interpretation of the Code and its requirements, the Building Department by its latest Notice of Disapproval requires we apply for other and different variances than previously requested. Hence, the amended application. We are now requesting variances from Article XI Section 280-50A and C; 280-49; and 380-781. With respect to the side yard variance, one of the applicant's present buildings (the warehouse) has no setback from the lot line. The site plan now moves the setback 17.4 feet from the lot line, a marked improvement from the existing setback. The prior request had been for a 15-foot side yard. With respect to the setback from the Main Road, the parcels to the west on the Main Road respectively have a 12-foot and a 33-foot setback therefrom (cf. radius map). None of the present buildings on the site has a 75-foot setback from the road, again making the proposed plan a marked improvement from the existing. None of the buildings on the radius map on either side of the Main Road has a 75-foot setback. Town of Southold Zoning Board of Appeals May 7, 2008 Page Three Further, the Building Department is now requesting a variance for the linear frontage of the bank building although the building itself is only 55 feet. However, with the roof over the drive through, the total is 80 feet. Originally, the plan placed the drive through on the south side (rear) of the building, but it was moved to the easterly side to lessen the impact of the lighting on the Johns Road residences and because it is safer to have the ATM visible from the Main Road. The ATM is as close to the front of the building and as far away from the residential area as is possible. The project has been presented to the Architectural Review Board which has given its approval with several minor recommendations to the Planning Board. That Board has not yet advised the applicant if it will require changes in accord with those recommendations. Finally and solely for your information, we are seeking estimates from several solar power providers and believe that due to the southwest placement of the office building that the roof on the side by the sporting goods store will be appropriate for the placement of a ghd of collectors which will provide 40,000~ KW's of electric power to the project and make this "green". I would be remiss if we did not thank the Board for the time it has spent reviewing this and the prior application and look forward to a formal presentation of the amended application necessitated by the May 2, 2008 letter of disapproval. Thank you for your courtesy. Very truly yours, Daniel C. Mooney~ DCM:nm Enclosures c: Southold Town Planning Board Kieran Corcoran, Esq. END OF THE ROAD LLC 575 Pine Place P.O. Box 731 East Marion, NY 11939 March 20, 2008 Town of Southold Board of Appeals Attention: Kieran Corcoran, Esq. 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re~ END OF THE ROAD LLC 11500/11600/11700 Main Road, Mattituck District 1000, Section 122, Block 3, Lots 5.1, 17, 1.2 and 02 Date of Hearing: December 20, 2007 Dear Mr. Corcoran: The applicant has agreed to extend the time of the Board to decide and issue a decision on the above-referenced application for an additional sixty days. Thank you for your courtesy. DCM:nm Very/t~i'y yours, Daniel C. Mooney ,~,~,R 21 2008 Town of Southold Board of Appeals Attention: Kieran Corcoran, Esq. 53095 Route 25 P.O. Box 1179 Southold, NY 11971 END OF THE ROAD LLC 575 Pine Place P.O. Box 731 East Marion, NY 11939 February 1, 2008 BOARD O,F APPE,AL~ Re: END OF THE ROAD LLC 11500/11600/11700 Main Road, Mattimck District 1000, Section 122, Block 3, Lots 5.1, 17, 1.2 and 02 Date of Hearing: December 20, 2007 Dear Mr. Corcoran: This will confirm our conversation wherein I informed you that the applicant has agreed to extend the time of the Board to decide and issue a decision on the above-referenced application for an additional sixty days. Thank you for your courtesy. DCM:nm Very truly yours, ,14own of Southold LWRP CONSISTENCY ASSESSMENT A. INSTRUCTIONS MAY 7 All applicants for permits* including Town of Southold agencies, proposed actions that are subject to the Town of Southold Waterfront, 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 auswering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and e~planations 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 (wtfich includes all of Southold Town). It' any question in Section C on tiffs form is answered "yes", then the proposed action may affect the actfievement 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 LTM 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 The Application has been submitted to (check appropriate response): 1. Category of Town of Southold agency action (cheek appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) Permit, appr~; ceh'~h~e, c~iicatioi~i Nature and extent of action: Location of action: Site acreage:_ Present lm~d use: ~ ,~ 1., ~n/~ ~ t.- - C4) ,4~ a4 ~ ~,, ~ ~ Present zon~g classification: i~ ~ ~ ~ 0 If ~ application for the proposed action has been filed wi~ the Town of Sou~old agency, the following info~ation sh~l be provided: (a) N~eofapplic~t: ~3 0 ~ T~ ~a (b) Mailing address: ~95- /~mE ~e~ ~0 ~ ~ w% I (c) Telephone nmnber: Area Code ( ) ~ 51 - cd' ? 7 - d)b ~ ~'~ .q t4 ? "~ - q.C-~t- (d) Application number, if any:_ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [-~ No~-] Ifyes, wh/ch state or federalagency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use Of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes [] No ~ Not Applicable Attach additional sheets if necessary ~hcy~c~2;~rblec~rand preserve h~slonc and arcliaeolbglcal resources of thTTo-~n o~t~e LW~ .S~ctjo~.HI - Policies Pages 3 through 6 for evaluation ~riteria Yes ~ NO ~ Not Applicable A~acfi additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town Of South01d. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~] Yes [-~ No ~-] Not Applicable 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 for evaluation erlteria ~-~ Yes [~ No ~-] Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section HI -Policies Pages 16 through 21 for evaluation criteria ~-~ Yes [--] No ~]Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Sonthold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 t~gh 32 f6r ~]iiati~n- c~i~l:{a. - ........................... ~] ~es ~-~ NO [~ N°~ Appiic~bie Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southoid. See LWRP Section III - Policies Pages 32 through 34 or evaluation criteria. Yes [~ NoD Not Applicable At~ach 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 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 Aaach 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. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Wlvcs Iq N t'Xp-plicam 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 Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town' of Southold. See LWRP Section III - Policies; pages 62 through 65 for evaluation criteria. [] Yes [] blt ~] Not Applicable Attach 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,~71 Not Applicable Created on 5/25/05 11.'20 AM 1 ~wn of Southoid 16312984998 DANIEL MOONEY PAGE 02/05 LWRP CONSISTENCY ASSESSMli;NT' FORM INSTRUCTIONS 1. All applicants lbr permits* including Town of $outhoId agencies, sh,"dl complete this CCAF fo proposed actions that m-e subject to the Town of Soutllold Wa erffont Consistency Review La~v. Tlti~ assessment is intended to suppl~nmit crier infom~ation used by a Town of'Southok[ age,icy n~aking a detenn~arion of co~istency. *Exc'e~t minor exempt actions including Building Permit~ oJ~:t other mini*teffal pe~it, not located within the Cea, rtl Eroxion Hazard ~rea. 2. Bcfbre m~wering ~e questions m Section c, the preparer of flus form shonkt review the exempt ax/nor action list, policie~ m~d e~pl~afions of each policy contained m the Town of Southold Local W~[ter~ont Re~tflization Pm~'~. A proposed action will be ewduated as to its si~fificant beneficial ~d adveme effects upon file co~t~ area (wlfich includes al/ofSoutho~d To,w)). 3. Ifm~y question in Section C on this fonu is answered "yes", then the proposed action may ~fect ad~evement of~e LS~ policy st~dards ~d conditions cont~hncd in fl~e consistency review law. Titus, fl~e action should be ~od in more det~dl mid, if ~ecessay, modified pr[er to m~ng a detem~ation ~at it is consistent to the m~imum extent practicable with thc LWRp policy stmd~ds md conditions. If m~ action ~ot be certified as consistenl wiflu the L~P policy standards and conditiom, it s~all not be A copy of~e L~ is avhlable in the ~bllow~g places: ' , onhne at thc town of Sonthokl's webs/re (*outholdtown.noflhfork.net), the Bmod of Trustees Office, the Plmufi xg Department. all local libr~es ~d fl~e To~mt Clerk'~ o~ce.- B, DESCRII, TION OF SITE AND PROPOSED ACTION SCTM# l~,06' - 1,~.~- ',~.~ The Application has been submitted to (check appropriate response): To,vnIloard [] PlanningBoard[~' Build/ngDept. ~ Board ofTrustees 1. Category of Town of Southold agency action (cheek appropriate response): (a) Action midertaken directly by Town agency (e.g, capital coxistmction, planning activity, agency regulation, land tr,'meactioe) (b) l~'inmmial assistance (e.g. grant, loan, subs/dy) (?'~ ..... l%Tr~i t~ p r o v gl,--fE e~; et,mitE~i6-ff! .......... : .................. Location of action: Site acreage:. DANIEL MOONEY PAGE 83/86 Presentzot~Lng classification:.__ t-~ .~- Q '~ ,;' I.f an application tot' the proj')oscd action has beei1 filed widl the Town oi' $outhold agency, the [ollowin~ infon~ation shall be provided: (a) Nanle o£appliclmt: (b) Mailing address: (c) Telephoac number: Area Code (). ~ .5, ' t_/ 7'7 - ') (d) .Application l]tltllber, if any; Will the action be directly undertaken, r~quire Funding. or approval by a state or federal agency? Yes ~ No ~ if yes, which state or federal agency? C. ~EVE1.OPED COAST POLICY Policy i. Foster a pattern of developmeut in the Town of South old that enhances eOmmuniB, ehar~eter~ presem~os open Space, makes efhc~ent t se of infrastl'l~cture, Illake$ beneficial use of a coastal location, and mhlinfizes adverse el'feets of developxne~lt See LW~ Section [I1 - Policies; Page 2 for evaloatioa criteria. .. , . . Attach additional sheets if necessary Section III - Policies Pages 3 through 6 for e%'aluation criteria ........... o td ~ .~ ~ r~ , DANIEL MOONEY PAGE 84/86 Policy 3. Enhance visual quality and protect sceaic resources thrbugliout the Town if $outh01d. LW~ Sea,on III- Polteie~ Pages 6 through 7 for evaluation criteria' ~ Yes ~ No ~ Not Applicable NATU~ COAst POLICIES Policy 4. Mini~ize loss of lit~ strl~ctures, and natural resources frown t]oot]ing and erosiou. See Section III ~ Policies .Pages 8 through 16 for evaluation criteria ~ Yes ~ No ~ No, App,~cable ...... ___ ~.~ /~~ ~ ~~ "A~ac~-~ additioital sheets Policy 5. Protect and improve water quality aud supply in the -Policies Pages 16 through 21 for evaluation criteria To~vn of Southold, See L~p Sec~on III ~ Yes ~ NO ~N~Applicable Atlach additional sheets/£nec¢,~arv .. .. .. · ~' _' Policy 6. Protect attd restore the quali~ aud function of the Town of Sou~hoid ecosystems includiag Significant Coastal Fish a.d Wil{llife Habitats and wetlands. See LWI{p Sect on I11 - Polic/es~ Pag~ 22 "~ ~-6~" ~ Nb ~.. No~ X-~i~g~i~ . .............. ...... ~ "f'~ ~.O'X ~a~.~ ~.-~-. ----....--. ~ ~ 85/28/2888 10:30 16312004008 DANIEL MOONEY PAGE 05/86 Attach additional *he,ts if necessary Policy 7. Protect and improve air Clnality in the Town of So.thoid, See LWRP Section III - PoNe/e., Pages 32 throagh 34 for evaluation criteria. ' [~ Yes ~]No[] Not Applicable ~'ach additi~e~-s if necessary Policy 8. 5linimize enviromnental degradaOon in Town of Southold from zolid wazte and hagardoas s.bstance~ and wastes. See L~ Section III - Polfcies: Pa~es 34 .. through 38 for evaluation criteria. PUBLIc CO&ST POLICIES Policy 9, Provide for public access to~ anti recreational use of, coastal Waters, pnblic lands, and public r~onrce~ of tl~e Town of Southold. See LWRP criteria. Section III - Policies; Pages 38 through 46 for evalaation [~] Yes ~ No [] Not Applicable A[lach additional sheets ifneccsz~ry ............ , ....... : .............. OIl. KING COAST POLICII~;S ..... Policy 10. Protect Southold,s water-dependent uses and promote siting of new Water-dependent uses suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for in -DIFf,-'f~]]-F%-"~-~i~.'.~i-p-Pli¥~ibl~ . evalnation criteria. P~..t~r-.,j- ~T ~,,t~-r~.. p~7_..~r~,~/F. '- ' 05/28/2008 10:3~ 16B1~98~8 D~NIEL ~00NEY P~GE 06/06 Atta¢t~ additional sheets if ne~eisary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconlc istuary and ~I'own wagers. See LWR.P Section III - Policies; Pages 57 through .62 for evaluation criteria, ~] Yes ~ ~o ~ ~, Applicable A~tach additional Policy 12. Protect agricultural lands in the Town' of Southold. See L~,VRp Section III - Policies; Pages 62 through 65 for evaluation criteria. ~] Yes [] 1No [] Not Apl, licablc '- Attach z( ditionM .~lte ~t~ if ::tecessar5 Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP 'Section III - Policies; Pages 65 through 68 for evaluation criteria. Created on 5/25/05 ]1:20 AM . ENVIRONMENTAL PLANNING REVIEW P.\P,T 111 - PROJI,'~CT IMPACTS ANI) TIIEIP, MAGNITUDE I ISCUSSION OF THE IMPOP, TANCE OF IMPACTS lludson City Savings Bank, 11520-11750 Main P, oad Maltituck Prefaredfbr' Town of Southold Planning Board P.O. Box 1179 Soufl~old. New York 11971 Nelson. Pot2e & Voorhis. LLC 572 Walt Whitman Road Melville. Vex,.' York 11747 (631)427-5665 Contact: Charles ,I. Voolhis. CEP. AICP I>I{O.II'XTI' N \ME: PRO.II;CT I 't PE: LOCATION: FC IX, I: ZOX, IN(i 1)1~I RICT: O\ I.:I{I.A', N: 1()1 \1. I'}<O.lI{('t ARISA: [ludson Cit} Savings Brink. Mattituck Site Phul -\pplication 11)20-ll-50 Main Road. Matthuck, To:,.n o( Southold. Count.,. of Nu1I¥1k The [o~,,n of %outhold Planning Board has retained Nelson, Pope & Voorhis, LLC (NP&\'~ for consulting services in review of the above referenced project. This report includesffsummary of. thc site conditions and the proposed project, rexiexx of submitted materials, discussion of enx ironmental and planning consideratkms, examination oI'project impacts and tt~eir magnitude. 10t u j eot and issuing a l)etcrmination of Significance under SEQRA. l'he proposed action involves the demolition of the existing buildings and construction of a nexx bank and office building on a 1.931 acre parcel zoned B-General Business District and R-40. situated in Nlaltituck. Nh'. The site has been inspected by' NPS~V and tile submission materials noted herein have been evaluated. Review of the EAF Part I was completed; however, many items ~vere le~ blank or contained h]accuratc h~f~n'mation. In addition, aJlllotlgh Dot specifically a part oFthis rcxicx~, thc C:d~0nsistcncy Review Form pro~ides incomplete (es[)qj~s¢~s= A-Part II was completed b5 ~s ol]~cc and identil]ed potential impacts on land. drainage, transportation, aesthetics. con]munitx character and cultural resources. Po~entiall5 large impacts are discussed in [bis document. IM~scd t~llon this initial revie`,~, NI)&V recommends that the Planning Board hold a dccisinn with respec! to a SEQRA determination nntil the al)plicant has the opportunitx~ to provide additional information /hat ~vill assist the Planning Board in rendering a determination. SITE AND .\REA I)I5SCRIP~FION thc project silo is located oa II~c soutI~ side of X']ain Road INh' State Route 25). across t}*oll/ the soutJlern lc['mJlltlS ()l~ I>acil]c Street, Matlituck. l'own of Soutbold. in thc County of gut'fblk. The 1.931-acre parcel is currentlx improved xxith six buildings, which consist of a beverage distributor, oN:cc space, a rcMdcncc. ::nd associated strucrr:r~s. '1 hc si~e is zoned 13 (~:'nc~d l~csidcntial l)istrict on thc south part ofd~e site. Thc ad. joining parcels in thc area fronting Main Road are zoned [3-(;encra113usiness District. and lhe business zoning Of (be property to the xxest extends south to JO]lll'S Road. Thc rem:~inin~ parcels along Jolm's l~oad are zoned R-40. ~ thc ad aceat ×onin5 districts n¢)rth (across Nlain I~oad) and ..outh ~t'Main l~oad arc rcsidcnthHl~ \('lION I be prol>OScd ~lction inxolves thc demolition off tile existin~ six buildb~gs on Ibc prr~pertx to construct a new 3.244 SI: bank. a ncxx 9,982 SF oft]ce building, and an associated t)arkin~ (38, 108 SF in size) ~k*r the txvo buildings. The proposal will require site access alterations as the existing ctn'b cfi[ on Main Road will be removed and a nexx drivexxay will be const~tcte~ dircctlx opposite [>acilic Slicer. Thc perimeter of the propert} is to be improved xxith landscaping detailed (m the Site Pl:m :md l~I~/nling Plan. SITE PLAN SUB~IISSION AND SUPPI. EMENTAL INFORMATION The Applicant has pro,, ided thc tk~llowing forms and information, xxbich compl) with the Site l~lan Application sublnisMon requirements: · Prat I - Long Environmental Assessment Form · SiTe plan (revised submittal: 04/16/2008) · C'crli!~ed ~,urvc) · 200' Radius Map (revised submittal: 04/16/2008) lA,bring Phm (revised submiuah 04/I 6/2008) Lamlscaping Plan (revised submittah 04/I 6/2008) Sepdc and Drainage Plan (revised submittah 04/16/2008~ Iludson City Savings Bank, ~ tuck Environmental Planning Re~ie~ NP&V No. 08106 REFERRALS The Planning Board Office requested input from various decision-making agencies and service providers b.,, sending referrals. Ibc inlbrmation provided in the responses to these referrals is .\:}2%' l)et;.rtmc.t el ]'rrlll.5y)orlalioll /eller q/'April 25, 2003' - 'Iht letter indicates dmt a site plan x~as received b> the DOT in application lbr improvements along Route 25. The letter notes that die site plan docs not contain alt of'the inibrmalion normalI5 reqnircd I¢~t ~cvicx~. but that rex icxx Roul¢ 25. NO COlIII/]oI/[s haxc been provided to date. ,~'t(/f/i)/k ('ozl/zl, Del;arlmen! qflh'ollt~ Ser¥ices lellcr of April 22. 2008 - SCD} tS indicates that an application lbr the su(}ect property as requh-cd by Article VI o['tl~e Suflblk County SanilaD Code has not been received, and that an application should be submitted so a complete technical assessment of tile project can be tmderlakcn. 'Ibc letter also notes that the consm~ction rd' sanilar5 s>stems should not occur xxithot~t Department appro~aI. Septic systems Ibr thc subiect ploj>crt5 ate currently propo.cd on thc noi'dlxxCsl side oFcach building. ZONING ~()AP, I) OF APPEALS Ibc proposed pro.}cct requires re*. lex,. and appl'ox al by thc Zoning Board ol'Apl*eals (ZBA). Ibr a special exception to alloxx lbr parking lbr a commercial area on a residentially zoned lot. SEQRA STATUS The Phmning Board conducted a coordinated review (or lead agenc5 and the action was classified as an Unlisted Action trader SI{ORA. A SEQRA Determination of Significance should be issued once tile Planning Board determines that dmre is sufficient information to render a determination. Ilndson City Savings lank, Mattituck Environmenlal Planning Rex ic~ NP&V No. 08106 ENVIRONIVlENTAL RESOURCES ~o"C '~X)'ro There are no designated liclal or fi'e~hxxater xxetlancls on site or in the hnmcdiate vicinit5. lho entire propert.,, xxas previously klex eloped with the commercial uses fi'onting Main Road and a residential structure facing John's Road. The underl)lng soil according to the Suffolk County Soil Surve.,. (Warner, 1975) is ideutified as CuB' Cut and Filh gently sloping. Any development constraints were mitigated during the original construction of the structures, therefore no significant impact on soils and topograplb are anticipated. A review or'the Suflblk Conntx Water Authority (SCWA) Distribution Maps from 2007 indicates that there is a water inain near the subject property located along Main Road. Tile site is located in Groundwater Management Zone IV. which allows a commercial discharge of 600 gallous per cia> (gpd) per acre prox idcd public xxater is ~x ailablc. he clevation of groundwater beneath the subject site is appt'oximately 4 feet above mean sea le,,el (msia according to tesl hole data from June 8. 2007. The topographic elevation of thc propciU isal¢l~;oximatcl5 13 l~claboxemsl, based on tlao top,,graph) provided fbrthcsitc. X5 re>ult, lhclc i5 ~1 ~hallnxx depth to gl'OtlndxsalCl' of approximatcl5 9 IDol. Ibc sJmllow depth gl'OUllldwalcr xxarrants more detailed evaluation of the status of SCDIlS approvals, sanitar stem cross sections, Town Engineer review el'drainage s3 stems, and grading/fill which may necessary due to the depth to ground,s ater. I'hc subject property is located south of tile north fork groundx~ater divide. Thc direction of g~oundx~atcr t]oxx is expected to be horizontal and to lhe south toxxards James Creek and Pcconic I3% I'hc SCDIIS must approve sauitar3 thcilhics under Article 6 of the SuFIblk ('otmtx Ibc ~,itc is in an area of archaeological scnsitivit> according to the ()ttice oF Parks, Recreation and [Iistoric Preservation (OPRIIP') maps. Though lhe site is developed; it has not been dculorlstralcd thai substantial ground disturbance has occurred to the extent that cultural No other significant natural resources xvere encountered as the site is currently~ developed commercial area and residence. ' PI.~NNIN(; CONSIDERATIONS The proposed project will remove the existing buildings and vegetation and add a bank. an office building and associated parking. The proposed action requires a special exception' from the Zoning Board of'Appeals flor commercial parking within a residential zoning district. The site is zoned B (General Business) and R-40 (Low Density Residential) and is surrounded by businesses fi'onting Route 25 in this area of the site. Across Main Road are Re (ResideotiaI NP&V No. 08106 Office) zoned uses. The property to the west provides precedent for extension of commercial use to the south. The extension of non residential use towards John's Road may set a precedent for commercial use or' residential properties to thc east xvhich i?. nt .loire's Rcacl. 'Fbis is nol necessaril> an undesirable precedent, particularly in view of the commercial depth of zoning on the parcel west of the subject site; however, potential land use c,mflicts xvith residential uses in the area must be adequateIy addressed as outlined below. Land use compatibilit) is a large concern with respect to residemial uses south of the subject site across John's Road. The south side of Jobn's Road is developed with bomes and is zoned fi>r residential use. The planting plan indicates a 25' wide area off plantiugs along John's Road frontage, as well as along the eastern prope~y Iine shared with a residential use; however, the plan does not-appear to provide an adequate buffer to mitigate the potential noise, lighting, aud impacts related to vehicular activity associated with a parking area adjoining a residential home to Ibc east and residential homes south of Johu's Lane. The al?h'canl .$']~ou[d/~rovh& a revt.ved hq[]~,r ]~hm including (ll)])l'o])Fi~lle seIback& noise I~ti[4~ll[OH dHd [utl~vc~q)/llX, ~'lc' .~o I]1~I potenlia/ /and use c'o~icts are.~tlO~ assessed ~c~ 'OTENTI\I IMP\C'FS A Part II Environmental Assessment Form (EAF) bas been con:pleted Ibr the proposed action and is included as an Attachment. Several items were iclentil:,ed as potential impacts and arc tentatively indicated as Small to Moderate hnpact; however, fi~rther information may be needed to finalize tiffs category and ensure that no adverse environmental impacts xxill occur. I:m-t[~cr discussion is provided below for each item identified in the Part II: hut/din,,4s, c~ [~arkin~ff lot, and land¥ccqmzg on the 3ubjec! lhe proposed p~q]cct will consist ofclcaringtlle entire sul?;: pmpc~t3. [:~ piopc~t} v. il] bc established x~ith two (2) office structures and parking which :equircs a spcc~:d cxcopdon it~ a residential zone. This is a substantial ph3sical change in t~: project site. (hading. thaim~gc, sanitary discharge, landscaping and restoration of portions o~ :he site should }3c cxanlincd xx ith respect to this nlajor change in the physical characteristics of rl:e subject sile. Will Proposed Action alter drainage flow or patterns, or smfacc water runa~? As a reduction in natural area \viii occur, drainage flow pattern, in the area x~ ill be altered. The establishment of substantial impervious surfaces on the site will require substantial drainage. There is a shallow depth to groundwater. NYSDEC has adopted new regulations under GP-08 01 requiring adequate stormwater retention, which typically exceeds formerl> typical drainage tequiremenls, particularly in meeting water quality criteria Potential erosion toxsard the Pa ge 5 ll. 12. neighboring properties should be addressed. Grading, drainage and erosion control must be evaluated and mitigated. 1I 'ill/5'cpo.red Ac'~ion q[~,ct ~eslhe~tc rc'so~o'ces/ Route 25 i.~ a Designated New York State Scenic l~v~cO,, ]wldsc~qm~g mM h~dldi.?4 desig~ ¥1 conskler aesthetics. 7he site is in proximity to residedtial t~s~'s uc'ro.~.s M~in Road lo the west A reudering of the new building has been provided aud the landscape plau has been reviexxcd. The architectural design appears to be a substautial improvement based on the building design as compared to the existing structures. Site landscapiug will be coordinated and much improved over cngent conditions. The plant materials include trees where space permits and will use decidnous as well as coniferous trees. Other areas will be enhanced with gronndcover vegetation and floweriug plants. Trees ou the no~h part of the site xxi]l be removed and wilt reduce aesthetics aud screeuing with limited area Igr rel)lanting of landscape xegctation. It should bo noted that the aesthetics of this site developmeut wlth respecI to thc ROtllC 25 sccuic by-xxa) i5 all important consideration [gr evaluation aud appropriate mitigation. thc Prol~osec! ~lclion imprlcl ~m.'c site or structure o/'/listort'c. 77te .wte is lock,led iv ti i; ~ ,.1 'chrtt olo&,wal~ , Se~ .si~ive r ' The site is located within ac archeologically seusitixe area as determined by l'he Slate I listoric Preser~atiou Office. A cultural resources assessment (Phase I/\/B .,\rchaeological 5¢nrx c3 ) strouId be prepared tbr review by the Town and OPPd ]3. Il'il/l/icrc be a;l t~fff<'t to e¥istm,g lruit.¥l~ortcllioll 3'3'xl~'mx? ~* i[l he h;cr~ted directly acros.s fi(mt Pac{/ic ,~'n'dt'! xxill require rexiexx aud appmxal b5 the New Tenk State Department of ['mnsportatioJ~ (NYSDOI). 19. Will Proposed Action q~-ect the c/lclrc~cter oj the e¥isll;lg com,lt,li(l'? Proposed Action will cause a change in t]~e de.stty 2f land use a.d m~n: st~r on ~m/;ortu~t I;r¢c'edent.fi)r fitture actkms The proposed project ',viii result in certain aesthetic imp~o'~elneUts lo the site iucluding structures xvith architectural itr~provements and ri coordinated landscape plan. The overall intensification of the site use is of concern pmlicularly in view of the large area of resideutial zoning which is proposed to be used for commercial parking through a special exception. The proximity to residences and intensification of site use, inctnding parking aod associated noise. lighting and level of activity, on and adjoining residential zoning and use parcels is expected change the character of tile neighborhood to the south and east. The design shonld be further evaluated in view of this potential land usc conflict. In addition, it is more typical that such Page 6 changes itl use are determined through a To~vn Board change of zone than a special exception which typically difficult to obtain. Further information regarding the stares of the ZBA decision aad why a change of zone ,.,,,as not pursued would be uselhl. SUMMAP, Y AND CONCLUSION This document addresses information available to date and offers consideration of potential impacts of the project in the context of the State Environmental Quality Review Act. The Part I EAF xvas re`, iewed and a Part 2 EAF has been~completed and attached. Further evaluation of the issues identi~ed in the Part 2 EAF indicates that potential impacts are potentially Iarge. The Planning Board may wish to request additional information in order to evaluate impacts, mitigation and alternatives, tssues are identified above and include: · Water I),esoul-ces - depth to groundwater, g~qding, contbrmance to SPDtiS sanitary and drainage installation, flooding and erosion control. · Land Use and Zoning precedent, status and reason lbr special exception, land nsc cont]icts, noise, lighting and parking lot activity in a residential area to tile sot~th alld southeast. · Transportation NYSDOT approvals and potential access/transportation impacts. · Community Cbaracter and Aesthetics Route 25 Scenic By-Way. change in site character, landscaping for appropriate aesthetic character. · CulmraI Resources site is in a culturally sensitive area. Based upon this initial rcviexv, NP&V recommends that the Planniag Board hold a decision respect to a SEQRA determination until the applicant bas the opportunity to provide additional inlbrmation that xxill assist the Planning Board in rendering a Page 7 617.21 Appendbc C State Environmental Quality Review SHORT ENVIRONMENT/d..4~$E$SMENT FI For UNI, ISTED ACTIONS Only ARD OF APP,.ALl PART I - Project Information (To be complete by Applicant or Project sponsor) 1. Applicant / Sponsor 2. Project Name 3. Project location: Municipality County 4. Precise location (Street address and road intersections, prominent landmarks, otc, or provide map) 5. Is proposed action: [(i,~ NEW ( ) EXPANSION ( ) MODIFICATION / ALTERATION 6. Descdbe project bdefly: 7. Amount of land affected: Initially: acres; Ultimately: acres I ~-H oo~.,~r.r e~f cea 4-,t, r-r- s. Will proposed action comply with e~stJng or other existing land use restrictlons:(,/,,,,)WES ( ) NO If No, descdbe bdefiy: 9. What is present land use in vicinity of project: (describe): (,~ Residential ( ) Industrial (~")'Commercial ( ) Agricultural ( ) PaddForest./Open Space ( ) Other 10. Does action Involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal, State or Local) ? if Yes, list agency(s) and permit/approvals: ( ) YES (.,,~} NO 11, Ooes any aspect of the action have a currently valid permit or approval? ](.,,~ YES ( ) NO ff Yes, list agepcy(s) and permit/approvals: 12. As a result of proposed action, will existing permit/approva~ require modification? I( } YES (,c~'lO If Yes, list agency(s) and permit]approvals: / I certify that the information provided above is true to the best of my kngwledge I Applicant I Sp°ns°r Name:signature: l_~.~v~v~.~l ~*=~' "1'~4~ t~OA-O 1.,~ (... Date: If the action Is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment 617.21 Appendix C StlOR T E),:ITRO,'~$[E);T, IZ ~tSSESS.'~fE;VT FOR31 SEQR State Environmental Quality_ Review 6 Describe project briefly: 7. Amount of land affected: I Initially: ; Ultimately: acres acres ! '- ~ : .:, 1- ,' ':'i :; .... :' - S ',Viii proposed a,cRn comf,v .~ith exL-;tJng or other existing land use resmctions:l ) YES (~.) NO If No, descdbe bdefly: j .., i~l --,', " 9 What is present land use irl vicinity of pro}ect: (descnbe): (~ I Residential ( ) Industrial.; : . _('~)_C°mmerciatj; r f",.( ~',) Agdcultural,~ ¢- , ', J/--( ) PaddForest~Open Space ( ) Other 10 Does action !r v3he 8 permit approval or funding, now or ultima(cly from 3ny other Oo,.e-nmental agency,(Federal, State or Local) ? , YES (/.. NO ]f Yes, )Jst agency(s) and pernlit/approva[s: 11 Does any aspect of the action have a currently valid permit or approval? ( ) YES (~) NO If Yes, list agency(s) and permit/approvals: 12 As a result of proposed action, wilt existing permit/approval require modiflca~on? L! ) YES (.2~) NO If Yes, list agency(s) and perrnit/approvars: I certify that the information provided above is true to the best of my knowledge [Ancflcant, Sponsor Name If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PROJECt' I,D. NUMBER 617.21 Appendix C State Environmental Qualtty R~view SHOI~T ENFIRONMENT/II~ .4¢gSE$$MENT FORM For UNLISTED ACTIONS Only PART I - Project Information (To be complete by Applicant or ProjeCt sponsor) 1. Appflcant/ Sponsor 2. Project Name FEB 1 ~1 2OO7 3. Project location: /Municipality ' County .^ 4¢h-v£ e_~. 4. Precise Io~tion (Street address and road inte~e~ons, prominent landmass, etc. or provide map) 5. Is proposed action: ( ) NEW ( ) EXPANSION (~ MODIFICATION/ALTE~TION 6. Descdbe project bdefly: 7. ~ount of land affected: 8. Wifl pmpos~ action comply ~ e~sfing or other e~sting land use resffic~ons:( ) YES ~ NO If No, describe bdefly: 9. What Is present land use in vicinity of project: (describe): { X) Residential ( ) Industdal ( ) Commercial ( ) Agricultural ( ) ParkJForest/Open Space ( ) Other 10. Does action Involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal. State or Local) (,~) YES ( ) NO If Yes, list agency(s) and permit/approvals: 11. Does any aspect of the action have a currently valid permit or approval? ( ) YES (.,~) NO If Yes, fist agency(s) and permit/approvals: 12. As a result of proposed action, will existing permit/approval require modification? ( ) YES (~ NO If Yes, list agency(s) and permit/approvals: I cer#fy that the Information provided above is true to the best of my knowledge Appllcant/ Sponsor Name: ~/3¢,,'£,/_~E~:/f,.r' /v'J . ~ ¢~*~/,~¢/~' Date: ,.} I t~t /62'~ Signature: ' - ' ~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 31,2008 Mr. Daniel C. Mooney, Esq. P. O. Box 702 Mattituck, NY 11952 Re: ZBA #6013 - End of the Road LLC by Daniel C. Mooney, Esq. Variance application Dear Mr. Mooney: Transmitted for your records is a copy of the Board's October 30, 2008 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building Inspector's Office. You may want to furnish an extra copy of the enclosed when furnishing additional information to the Building Department. If you have any questions, please feel free to call at any time. Encl. Copies of Decision to: Building Department Planning Board Town Clerk (Original for filing) Very truly yours, ~LL-inda Kowalski PI~kNNING BOARD 3ER1LYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L TOWNSEND October 21,2008 PLANNING BOARD OFFICE TOWN OF SOUTHOLD F ,' , 3 OCT 21 2008 Daniel C. Mooney, Esq. 11700 Main Road, PO Box 702 Mattituck, NY 11952 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE IX)CATION: Town Hall Annex 54375 State Route 25 (col Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Re: Proposed Site Plan for the Hudson City Savings Bank Plaza Located approximately 509' east of Bay Avenue, on the south side of NYS Road 25, in Mattituck SCTM: 1000-122-3-1.2, 2, 5.1 & 17 Zoning District: B & R-40 Dear Mr. Mooney: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, October 20, 2008: WHEREAS, this site plan is for the proposed construction of 2 buildings totaling 13,227 square feet where one proposed two story building is 9,986 square feet of office space and the other proposed one story building is 3,241 square feet for a bank use with 86 proposed parking spaces on a 1.931 acre split-zoned parcel in the General Business and Residential- 40 Zoning Districts located approximately 509' east of Bay Avenue, on the south side of NYS Road 25, in Mattituck, SCTM#:1000-122-3-1.2, 2, 5.1 & 17; and WHEREAS, on April 14, 2008, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQR lead agency coordination process for this unlisted action; therefore, be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a coordinated 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. Enclosed is a copy of the Negative Declaration for your records. Hudson City Savings Bank Pa.qe Two October 21,2008 If you have any questions regarding the above, please contact this office. V~e.ry truly yours, /~ George D. Solomon Vice-Chairman encl. CC: Scott Russell, Southold Town Supervisor Southold Town Board Southold Town Building Department Southold Town Zoning Board of Appeals Southold Town Engineer Southold Town LWRP Coordinator Suffolk County Dept. of Health Services Suffolk County Planning Commission Suffolk County Water Authority NYSDEC - Stony Brook NYSDOT Southold Town Trustees DANIEL MOONEY PAGE 02/03 June 5, 2008 , BOARD Ur~,~e Ms. StephanieRug~es Mr. KevinBcasley P.O. Box 832 Ma~uc~NY 11952 HUDSON CITY PLAZA Dc~ Ms, Ruggles and Mr. Bc~ley: The Planning Board staff has advised me th~ you are not represented by Ms. Wickhatn. If that is not correct, please forward this correspondence to her for reply. At a Planning Board work session on June 2, 2008, I, on behalf of the applicant, offered to erect a six-foot stockade fence tm the northerly and westerly borders of your property. This sugsestion came about as a result of a prior conversation I had with Ms. Ruggles. Please advise me if this would be agreeable to you. If so, I will advise the Planning Board and the Zoning Board of Appeals who could/would mandate this as part of any approval they grant. Also, on another note, I am not aware if you know that my sons (then the owners o£ the modular at 725 Johns Road) paid $15,000.00 to extend the Suffolk County Water Authority water main on $olms Road to a point in fi'ont oftha modular. My understanding at that time was that also you (or my daughter's lot to your west) could hook up to that main (as could the other people on the south side of John~ Road). Of course, if you wish to discuss this matter, please call me. Thank you for your consideration. c: End of the Road [,LC Very truly yours, Daniel C. Mooney D^N~ C. MooN,Y, P.C. ATTOI~r~Y 11~700 MAIN ROAD ~. O. IK)X 70;~ MS. Stephan~e Ruggles Ivlr. Kevin Beasley P.O- Box $32 Mattituck, NY 11952 June 5, 2008 Re: HUDSON CITY PLAZA PAGE 03/03 (63t) FAX (631) Dear Ms. Ruggles and Mx. Bea~loy: As per my conversation of this at~emoon with Ms. Ru~, ~s ~11 eon~ ~t ~ o~ of ~e pmp~ upon w~ch ~e b~ ~d office b~l~g i~ to be located ~ a~ to ~tall a ~-~ot ~ ~t~e f~e un the no~ly ~d west~ly bord~ of yo~ prop~ prior to ~e to~ iss~g a Ceffifieate of ~oupmcy for ~ b~ld~g. It w~ ~cr a~eed ~at ~u ~ d~e~e the exit ~s~ce ~e fence will ~ ~o~ the w~t~ly bord~ ofyo~ p~e~ prior to ds ~lafion. We will di$~ss M~ you ~e l~c~i~ on ~thcr mdc or.at wo~t~ly posi~on~ fence to ~$ist ~u M makiqg ~e sine es~cally pl~Mg. Ad~fio~ly, I ~sc~s~ ~ you ~e fact t~t you may be ~le to file for a Ceaificate of Ab~dom~t for ~e poffion ofJo~ Ro~ in ~ont ofyo~ home ia con~ ~ ~c om~ on the oth~ Mdc of~t road. Of come. it at ~y time you have ~y qucsfiom or ~y difficulties, plebe feel ~ee to co~mc~e ~ Thank you for your courtesy. DCM:nm c: End of the Road LLC Very ~t~uly yours, Darfiel C. Mooney DANIEL C. MOONE¥, P.C. ATTORNEY 11700 MAIN ROAD P. O. BOX 702 MATTITUCK. NY 11952 May 12, 2008 (631) 298-11 O0 FAX (631) 298-499S dcrnooney~optorOine.net Wickham, Wickham & Bressler, P.C. Attention: Abigail A. Wickham, Esq. P.O. Box 1424 Mattituck, NY 11952 Re~ HUDSON CITY PLAZA 1000-122-03-17.1 Dear Gail, I have been informed that you are representing Stephanie Ruggles and Kevin Beasley. I had previously given Ms. Ruggles a copy of the site plan and, I believe, the landscaping plan. For your convenience, I also enclose: An elevation of the bank; An elevation of the office building; and The lighting plan. If you do not have the landscaping plan, please call. If you believe a meeting to discuss your clients' concerns would be helpful, please call. Thank you for your courtesy. Very truly yours, Daniel C. Mooney DCM:nm Enclosures c: End of the Road, LLC DANIEL C. MOONE¥, P.C. ATTORNEY 11700 MAIN ROAD P. O. BOX 702 MATTITUCK, NY 11952 December 19, 2007 (631) 298-1100 FAX (631) 298-4998 dcraooney~opt online.net Hand Delivered Town of Southold Zoning Board of Appeals Attention: Ms. Linda Kowalski 53095 Route 25, P.O. Box 1179 Southold, NY 11971 Re: 11500/11600/11700 Main Road, Mattituck District 1000, Section 122, Block 3, Lots 5.1, 17, 1.2 and 02 ZBA File No. 6013 Dear Ms. Kowalski: Enclosed herewith please find the original Affidavit of Posting in connection with the above-referenced matter which is on Thursday's calendar. Thank you for your attention to this matter. Very truly yours, Daniel C. Mooney DCM:mn Enclosure c: End of the Road, LLC D^ iEL C. Moo E¥, P.C. ATTORNEY ll?O0 MAIN ROAD P. O. BOX 702 MATTITUCK, NY 11952 December 1 l, 2007 (631) 298-1 I00 J:AX (63D 2¢8-4998 dcm oone~optontine.net Town of Southold Planning Dept. Attn: Ms. Heather Lanza and Mr. Bruno Semon 53095 Route 25, P.O. Box 1179 Southold, NY 11971 Re: HUDSON CITY SAVINGS BANK PLAZA 11500/11600/11700 Main Road, Mattituck L: District 1000, Section 122, Block 3, Lots 5.1, 17, 1.2 and 02 Dear Ms. Lanza and Mr. Semon: I believe you both know that I hold you in high regard as consummate professionals and that Jim Delucca and I have accepted almost every suggestion you have made over the past several months which will be included in the formal application you will received shortly. However, I would be less than forthcoming if I did not comment on the memo to the ZBA chairman dated December 3, 2007 since I believe there is an inherent unfairness about the current procedure which will affect others who come before you or the ZBA. The Planning Board knows the incredible expense incurred in preparing and revising plans, obtaining environmental assessments, traffic studies, drainage plans, surveys, topos and various approvals. The cost is truly staggering. In addition, in the above matter, an additional parcel is being purchased to improve the site. A plan incorporating all of your suggestions and those of the Architectural Review Board will be submitted shortly. However, as everyone knows, this project will go nowhere if the accessory parking variance in the R40 zone is not granted. From what I gathered at the meeting of last evening, the Planning Board and the ZBA are now attempting to work hand in hand. Therefore, the ZBA will not decide the variance application until the Planning Board gives its okay. Ms. Heather Lanza and Mr. Bruno Semon December 11, 2007 Page Two : In the past, the ZBA would have denied an application or given its approval subject to the Planning Board's completion of SEQR and the approval of a site plan. This new course of action is unfair to the applicants since one has to continue to expand substantial funds without knowing that its final plan will be approved since one does not know if the variance essential for the project will be granted. Without regard to what happens with the current application, I believe this is unfair and burdensome and the policy should be reviewed by the respective Boards. Thank you for your courtesy. Very truly yours, DCM:nm Daniel C. Mooney D^NIEL C. MOONE¥, P.C. ATTORNEY 11700 MAIN ROAD P. O. BOX 702 MATTITUCK. NY 11052 November 28, 2007 (631) 298-1100 FAX (631) 298-4998 dcrnoone~optonline.net Hand Delivered Town of Southold Zoning Board of Appeals Attention: Ms. Linda Kowalski and Ms. Jane Martin 53095 Route 25, P.O. Box 1179 Southold, NY 11971 Re; 11500/11600/11700 Main Road, Mattituck District 1000, Section 122, Block 3, Lots 5.1, 17, 1.2 and 02 ZBA File No. 6013 Dear Ms. Kowalski and Ms. Martin: Enclosed herewith please find the eight certified mail receipts for the adjoining parcels as per the Board's requirements. We will bring the Affidavit of Posting to the December eanng. Thank you for your courtesy. Very truly yours, Daniel C. Mooney DCM:nm Enclosures C. Moon,Y, P.C. ATTORNEY 11700 MAiN ROAD P. ©. BOX 702 MATTITUCK, lqY 11952 November 19, 2007 (631) 298-1100 FAX (631) 298-4998 dcmooney~optonline.net Town of Southold Board of Appeals / ~}~ Attention: Ms. Linda Kowalski / "~ ~-~'~,~ 53095 Route 25 / ~/01/ ,, - ' GO '7 P.O. Boxl179 / t"~,~ J ~'O.Po0~ / Southold, NYl1971 ~0~~ -"' / Re: ll500/ll600/ll700MainRoad, Mattituck~ 1 ~? 1 9~ District 1000, Section 122, Block 3, Lots 5.1, 17, 1.2 and 02 ZBA File No. 6013 Dear Ms. Kowalski: Enclosed herewith please find the following: 11/19/07; 2. A copy of a Notice of Disapproval from the Building Department, Dated A copy of the site plan which was submitted to the Building Department. We met with Amy Theil, Bruno Semon and Heather Lanza of the Planning Department and reviewed the plan with them. At their suggestion and the suggestion of the DOT we have changed the configuration of the driveway to locate it directly acreoss the Main Road from Pacific Street and reduced the office building from 12,000 sq. ft. to 10,000 sq. ft. To effect this change required that the original 25 ft. setback with the parcel to the West be reduced from 25 to 15 feet. (At present there is no setback) I also have met with the Architectural Review Board which could be described as enthusiastic about the design.. As it now stands, we only need the variance for parking on the R40 parcels, and the variance for the side yard setback on the Westerly side of the parcel. Please accept this application to amend the prior petition. Thank you for your courtesy. DCM:nm Enclosures Very truly ygt~s, . ....j/7 / Daniel C. Mooney DANIEL C. MOONEY, P.C. ATTORNEY 11.700 MAIN ROAD R O. BOX .702 MATTITUCK, NY 11952 October 26, 2007 Town of Southold Zoning Board of Appeals 53095 Route 25, P.O. Box 1179 Southold, NY 11971 t1.' BOARD OF APPEAL~ (631) 298-1100 FAX (631) 298-4998 Re: 11500/11600/11700 Main Road, Mattituck District 1000, Section 122, Block 3, Lots 5.1, 17, 1.2 and 02 ZBA File No. 6013 Dear Madam/Sir: Enclosed herewith please find seven (7) sets of the following: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Notice of Disapproval, dated September 13, 2007; J Completed application; Sm'vey/site plan; Building elevations; Photos of the subject premises taken on October 4, 2007; Project description; Title report showing covenants and restrictions; Town property cards and prior ZBA applications; LWRP form; Environmental assessment form; and Disclosure affidavits and authorization from each landowner. We will- request two signs on the parcel, one for the bank and a second one on the other side of the driveway entrance for the office building. Additionally, after consultation with the Planning Board staff and the Architectural Review Board, the westerly office building has been modified to a 2-story office building with additional square footage which will require a variance for parking. Please advise if there is anything else you require. I look forward to working with the ZBA to bring this matter to a successful conclusion. Thank you for your courtesy. DCM:nm Enclosures Very truly yours, Daniel C. Mooney DECISION 2000 REAL ESTATE SERVICES, INC. 169 ~OANOKEAVENU~ RfVERHEAD, NEWYORK llO01 FdONc NO.631-208-~36b FAX NO. 631-208-8208 July 27, 2007 Daniel Mooney, Esq. 11700 Main Road P. O. Box 702 Mattituck, New York 11952 OCT BOARD OF .-~?~-. [.:ALS Re: Title No. 07-08-5785 Premises: District 1000 Section 122.00 Block 03.00 Lots 001.002, 0uS.uul and u, x.u00 and 002.053 Dear Dan; Enclosed find a complete , ~,~ rot ~-'e ........ + - amend .... title report o.'zovo ~.a~ =d ma, e, Sincerely, CAM/bd Eric DANIEL C. MOONE¥, P.C. ATTOKNEY 11700 MAIN KO,M) P. O. BOX 702 MATTITUCK, NY 11952 September 20, 2007 (631) 298-1 t00 FAX (631) 298-4998 dcmooney~optonline.net Town of Southold Board of Appeals Attention: Ms. Linda Kowalski 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re~ Dear Ms. Kowalski: 11500/11600/11700 Main Road, Mattituck District 1000, ~ew,.tign 122, Block 3, Lots 5.1, 17, 1.2 and 02 ZBA File ~ Enclosed herewith please find the following: A copy of a Notice of Disapproval from the Building Department, dated 9/13/07; A copy of the site plan which was submitted to the Building Department; and A copy of the elevation sketch of the bank building. I met with Amy Theil and Bruno Semon of the Planning Department last Thursday and reviewed the plan with them. Their impression was favorable. On Friday I met with the Architectural Review Board which could be described as enthusiastic about the design. They suggested that we might do the office building in similar fashion to the Hudson City Savings Bank complex in Greenport and we are meeting with our architect tomorrow to discuss this. As it now stands, we only need the variance for parking on the R40 parcels, but we intend to apply for a sign for the bank on the east of the entrance and a second sign for the office building to the west. Please send an application to amend the prior petition and please note the fee for the amendment. I will return both to you. Thank you for your courtesy. DCM:nm Enclosures Very truly yours, Daniel C. Mooney 10/01/2827 15:14 5312888208 DECISZON 2000 PAGE 82/84 DECISION 2000 REAL ESTATE SERVICES, INC. 1&9 ROANOKE AVENUE RI¥[RNEAD, NEW YORK 11901 PHONE NO. 631-20B-9003 FAX NO. 631-20~-8208 August 7, 2007 Daniel Mooney, Esq. 11700 Main Road P. O. Box 702 Mattituek, New York 11952 Re: Til'le No. 07-08 5785 Premises: Disfrict 1000 Section 122.00 Block 03.00 Lofs 001.002, 005.001 and 017.000 and 002.000 Dear Dam; Enclosed find ame0ded Schedule "A" descripiion as an Overall Description. Also we hove omitted exception 8 on Schedule Sincerely, ~mrolyR evlcPnerson CAM/hal ~nc. APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ~ ~ ~ ~ ~- ~t ~ ~.~ ~, ~ ~ t_ ¢ ~ Date Pre I. For Demolition of Existing Building Areas Please describe areas being removed: iq ~. · ~ ~ ~ ~- ~, ~ ~ ~ O f. t r~ II. New Coastruction Areas {New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions ofnew second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes w~thout enlargement/extensmn /~/.t~ - (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footag~ of buildings on your property: o~ '7 I ~ Proposed increase of building coverage: /~ '}-b- o Square footage ofyourlot: ~Cl. I t.{ ~. ~) ~.~. Percentage of coverage of yom lot by building ~rea: /5'Z'. ~. t) o V. PurposeofNewConstructionRequested: ~ t~,~--- '~- O~ztc~ VI. Please describe the'land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): ~.~D..~.~ ~ ~ ~,o , C~ ~ ~,-~' ~-n r Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking coraers for new construction), or photos of existiug bnilding area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 I. For Demolition Of Existing Building Areas Please describe areas being removed: ~t~[. II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: ~' ~O ~. ~ 1~ 1-7 3 ~9 ET- Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): _ Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of FIoors and General Characteristics BEFORE Alterations: Number of Floors and Changes WiTH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage' of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction Requested: ~O~q~- or O~'g:tC..~ ~o,c-~t~o VI. Please describe theland contours (fiat, slope %, etc.) s ' ' a exist and how ~t relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 OCT 2 6 2007 _BOARD OF APPEALS APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: /~/o II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: t3 ct oty $~ Dimensions of new second floor: ,.x/~ Dimensions of floor above second level: ~ t Height (from finished ground to top of ridge): /~ ~: x.c Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from namraI existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WIIH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footag~ of buildings on your property: '-/ O. ~q'- ( Proposed increase of building coverage: ~ ~ X-'o ) Square footage of your lot: '"'t tYj '7 q ~. Percentage of coverage of your lot by building area: / t~ ~ V. Purpose of New Construction Requested: VI. Please describe the'land contours (flat, slope %, etc.) as exist and how it relates to the difficulty inmeeting the code requirement(s): G- g'~, ~k~ ~/ t'x'-t. ~n- ~./ please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking coruers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 QUESTIONNAIRE FOR FILING WITH YOUR Z,B,A. APPLICATION Is the s~.lbjeet premises listed on tile real estate market fo~ sale? 7J Yes .~No Are there any proposals to change or alter land contotlrs? UAY 7 BOARD OF APPEALS l) Are there any areas that contain wetland grasses? ,'0 ',9 2) A~'e the wetland areas shown on the map submitted~-with ihis application? ~.~_ 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) !fyour pr0pm~y cont,ains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? ,M-/'4-~Please confirm stares of your inquiry or application with the Trustees: D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /qO E. Ax-e there any patms, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are snbmitting? ,VO (Please show area of these structures on a diagxam if an7 exist. Or state "none" on the above line, if applicable.) F. 13o you have any construction taking place at this hme concerning your premises? tV 0 If yes, please submit a copy of your building permit and map as approved by the Building 13epartment and describe: G. l)o you or any co-owner also own other land close to th s parcel? MO If yes, please label the proximity of your lands on yoor map with this application. H. l?leas~e list present use or operations conducted at this parcel cO~E 14qart,~t~t.f t./~¢,o~' andproposed use t~ ~d~ 4- (exa/~les: .~isting: single-£amily; proposed: same with garage.) 2/05 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? ~ Yes ,J~No B. Are there any proposals to change or alter land contoms? U Yes ~'No 1) Are there any areas that contain wetland grasses? 2) Are the wetland areas shown on the map submitted with this application? yg~g ~,~Q 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? //../..,4-. Please confu-m stares of your inquiry 0r applicat on with the Trustees: Is there a depression or sloping elevation near the area of proposed construction al or below five feet above mean sea level? E. Are there any patios, concrete barriers, bulkheads or fences that exist and me not sho~vn on the survey map that you are submitting? r~ i) (Please show area of these stractures on a diagram if any exist. Or state "no~e" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? //,/127 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 th s parcel? ,///O If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel /~//4~l*t~t~t.~_. ~tO~- O~'~t~ and proposed use /'~-/n/l.~ (examples: existing: single-family; proposed: same with garage.) Authorized Sig~ature and Date 2/05 t , , re oW F. 'a{t lo APPLiCABTLER~ToS~I~2NAL DISCLOSURE FORM L~ ~u c,~NER, CONTRACT VENDEE AND 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 ~nformatmn, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial, unless y~-u a~e 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.) ~[~C[~ Variance ,~ Special Exception --~ ~,~¥ 7 ?0~08 · Other "~&DI3 & Approval or Exemption -- -- from plat or official map BOARD OF APPEALS Change of Zone Tax Grievance ~ · If "Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? .... ,, · __ Relationshi "mcludes b blood, _marria_g~ or busines~s interest_. "Business i~nn_terest"~means a busmess includin a ~h the Town officer or employee has eve~n a partial ownershi of or em~ent b~orporation in wh~cl~ the Town officer or em~e than 5% of the ~shar~s~ ~ -- ~ __ ws __ NO If you answered "YES'; complete the balance of this form and date and sign where indicated. Name of'person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space prov/ded. 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 o£the applicant (when the applicant is a corporatidn); B) the legal or beneficial owner of any interest in a non-corporate entit3, (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 Submitted this, o~5'"~,, clay of ,'vi ~,~ ~ oo~ Signature: ~/~ Print Nam~:~~ LIL,~3'LE 'I~"OWNER, CONTRACT VENDEE AND AGENT: The Town of S outhold'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. ,q, (Last name, ~rst name, m/ddle initial, unless you are applying in th~ ~ 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.) Variance Special Exception -- *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If "Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relat~ignsh~es by ~e, or busines~s interest YBusiness interest" mean_~_q.a busi~ness, in~cluding _a ap~r'mership, in~wwhich the Town officer or__employee has even a~rship of e_moloyment by) a CO~ation in which the Town officer or emplo_~_e owns ~he share~ -- - _ If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or descr/be the relationship in the space prov/ded. 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) n officer, director, partner, or employee of the applicant; or __ . D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this / J day of ~--'~'~-~ ~--oO '7 - PfintNme: ~ ~ . ~ ~ APPEALS BOARD MEMBER Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn 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 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 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: 1:20 P.M. END OF THE ROAD, LLC #6013 as amended. Request for Variances under Sections 280- 49, 280-50 (A and C), and 280-78B-I, based on the Building Inspector's amended May 2, 2008 Notice of Disapproval concerning proposed construction of two buildings, with retail, office and bank space in the B-General Business Zone District. The reasons for disapproving the building permit application are: (1) a building is proposed with a single side yard of less than 25 feet and set back at less than 75 feet from the right-of-way; (2) a building is proposed at less than 75 feet from the right-of-way and will be greater than the code limitation of 60 linear feet in width; (3) the accessory parking area is located in an R-40 Residential Zone District, which the code states is permitted upon approval of the Board of Appeals under Section 280-78-B-I. The new construction is proposed after demolishing the existing buildings. Location of Property: 11500~11600~11700 Main Road (NYS Route 25) and John's Road (private), Mattituck; CTM 122-3-17.1 (formerly 1.2, 2, 5.1 and 17). 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 (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 20, 2007 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~ DECEMBER 20~ 2007: 9:30 A.M. END OF THE ROAD, LLC #6013. Request for Variances under Sections 280-49 and 280-78B-I, based on the Building Inspector's November 19, 2007 amended Notice of Disapproval concerning proposed construction of two buildings (with retail, office and bank space in this B-General Business Zone District. The reasons for disapproving the building permit application are: (1) one of the two buildings will be less than 25 feet from the side property line, after demolition of existing buildings, and (2) the accessory parking area is located in an R-40 Residential Zone District, which the code states is permitted upon approval of the Board of Appeals under Section 280-78-B-I. The existing buildings are proposed to be demolished. Location of Property: 11500/11600/11700 Main Road (NYS Route 25) and John's (private) Road, Mattituck; CTM 122-3-1.2, 2, 5.1 and 17. 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: November 20, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 COUNTY OF SUFFO'LK) · Karen Kine of Mattituck,'"-" in said county, being duly sworn, says that sh'~ll~s 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 5th day of June, 2008. Sworn to before me this Principal Clerk ~7, dayof (~J/'~ ~_ 2008 #8628 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once a week for 1....L week(s), successively, commencing on the 6th day of December, 2007. / Principal Clerk Sworn to before me this ,,¢i dayof 20O7 2!tglC! ~NA VOLJNSKI NOi,~,,p~, ,~lg! i, 3TATE OF NEW YORK ~Jv ' -*/05105050 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 20, 2007 PUBLIC HEARINGS NOTICE IS HEREBy GIVEN, pur- suant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southol& the fogowing pubtic hearings will be held by the SOUTH OLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on THURSDAY. DECEMBER 20 007: 9:30 A.M. END OF THE ROAD, LLC #6013. Request for Variances under Sections 28049 and 280-7gB-I, side property line, af'ter demolition of existing buildings, and (2) the accessory parking area is located in an R-40 Rest dential Zone District, which the code states is permitted upon approval of the Board of Appeals undcr Section 280 78- B I.q'he existing buildings are proposed to be demolished. Location of Property: 11500/11600/11700 Main Road (NYS Route 25) and John's (private) Road, Mattituck; CTM 122-3-1.2, 2, 5.1 and 17. 10:00 A.M. BREWERS YACItT YA RD #6102. Request for Variances un der Sections 280-15 and 280 116B, based on the Building lnspectoFs September 24, 2007 Notice of Disapproval concern lng a proposed accessory pavilion struc ture at an amended height which will exceed the code limitation of 22 feet as per amended plan and in a location at less than 75 feet to the bulkhead, at 500 Beach Road, Greenport; CTM 43-3-2. Zone District: Marine Il. I0:I0 A.M. PATRICiA DAWSON #6101. Request for Variances under Sections 280 114 and 280-116B, based on the Building Inspector's October 2007 Notice of Disapproval concern- ing proposed as built additions and al- terations to the existing dwelling, which construction is less than 75 feet from the bulkhead and less than 20 feet on a single side yard. Location of Property: 7940 Indian Neck Lane, Peconic; also known as Lot 2 on the Map of High House Woods; CTM 86-7-7.2. 10:25 A.M. HEINZ and BRIGITTA ROSIN g6099. Request for Variances under Section 280-124, based on the Building Inspector's September 21, 2007 Notice of Disapproval concerning as-I~uilt addition(s) and alterations to 280 13 and 281) 15. based on the Build lng Inspector's October 24, 2007 Notice x)f Disapproval concerning proposed additions and alterations to an existing accessory building for use as the own- er's studio/workshop. Fhe Building In spector states that the following are not permitted under thc Zoning Code accessory buildings: (1) habi[able space as shown in the proposed layout of the accessory building, (2) setbacks from thc side and mar lot lines at less than three feet, and (3) proposed dormers exceeding 40% of the roof width. Lo- cation of Property: 355 Skippers Lane, Orient: CTM 24 2 4. 2:10 EM. THOMAS and MARY IRENE MARRON #6110. Request for Variances under Sections 280-124B and 280-124, based on an application for a building permit and the Building In- spector's September 27. 2007 Notice of Disapproval,concerning a proposed ad dition to the existing dwelling as living area (instead of garage area applied for under ZBA #5797-2005). which addition as modified will be less than less than 15 feet on a single side yard~ at 3125 Wells Avenue, Southold; CTM 70-4-11). 2:20 EM. FRANCIS J. COUTTS FAMILY TRUST by G. Hallenbeck 111, Trustee #6098. q~is is an application for a Lot Waiver, concerning a 16599 square foot lot, merged as a single par- cel as noted in the Building InspectoEs September 6, 2007 Notice of Disapprov- al, under Section 280 llA to unmerge 10,007 square feet (CTM 142-1-3.2 va- cant land) for the purpose of building a future dwelling, and 6,592 square feet (CTM 142-1-3.3 with a dwelling). Loca tion of Property: 10650 Sound Avenue the existing single-family dwelling with at corner of Factory Avenue, Mattituck. ~~less t_h_an_ 15 2:40 EM. ROMANELLI REALTY for add~nfo~ l~. atinn of Property 36660 proposa o re ocatea barn w th ro ~ ~"~' ~2 .......... p - of Disapproval, concermng a ro sed posed additions and proposed altera contractor's ard an P 'p~ y d three pnnclpal tion for use as an accessory building with owner's private game room, adding bathroom faedities and a fireplace, at 522 Town Creek Lane, Southold; CTM 64-1~14.7 11:00 A.M. KENNETH G. SCHEU- BLEIN #6079 (PH 10/18 carryover for additional information) regarding a proposed accessory garage and shed in an area other than the code-reqdired rear yard, at 105 West Creek Avenue (also Pequash Avenue and Old Pasture Road), Cutchogue; CTM 103-13-20.1. 1:00 EM. CHARLES WITCZAK # 6092 (PH 11/15 carryover for addition- al information) regarding a proposed dwelling and existing barns, at the south east corner of C.R. 48 and 5000 Bridge Lane, Cutchogue; CFM 84~54. 1:10 EM. GEORGE and EFSTRA- TIA SAMARAS #6103. Request for Variances under Sections 280-122 and 280-244, based on the Building Inspec- tor's October 26, 2007 Notice of Disap- proval concerning a proposed second- story addition to the existing dwelling, which new construction wig increase the degree of nonconformance when located less than 35 feet from the rear property line. Location of Property: 21(10 Naugles Drive, Mattituck; CTM 99-5-25. 1:20 EM. ANNE STEPNOSKI g6104, Request for Variances under Sections 280422 and 280 124, based on the Building Inspector's September 27, 2007 Notice of Disapproval and Zoning Interpretation #5039 (Walz) concern- ing a proposed second-story addition and alterations to the existing dwelling, which will be an increase in the degree of nonconformity when the rear yard and front yard setbacks are less than 35 feet. Also proposed are additions at less than the code required 35 feet rear setback and front setback (new noncon formities) under the code requirements. Location of Property: 1025 Cedar Road, Southold; CTM 78-7 35. 1:40 EM. SOUTHOLD PARK DISTRICT #6105. Request for a Vari- ance under Section 280-14, based on the Budding Inspector's November 9, buildings on this 63,338 square foot lot. The Building Inspector states that: (1) pursuant to the Bulk Schedule. one use per 80,000 square feet is al- lowed in the Limited Business (LB) Zone, and the proposed construction (three buildings) is not permitted on a lot containing less than 240,000 square feet, for the reason that the proposed three buildings constitute three distinct uses; and (2) proposed Building gl is not per- mitted with linear frontage exceeding 60 feet; (3) proposed Building #1 is not per- mitted at less than 100 feet from a right- of-way of NYS Route 25; . (4) proposed Building g2 is not per- mltted at less than 75 feet from a rear property line; and '(5) proposed Building #3 is not per- mitted at less than 20 feet from a side lot line. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hear- ing. Each hearing will not start earlier than designated above. Files are avail- able for review during regular busi ness hours and prior to the day of the hearing. If you have questions', please do not hesitate to contact our office. at (631) 765-1809, or by emad: Linda. Kowalski@Town. Southold.ny. us. Dated: November 26, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) EO. Box 1179 /I&~.8-1T I2/6 Southold, NY 11971-0959 said Newspaper once a week for ~ week(s), successively, c~omm'e~cing on the 6th day of December, 2007. // // _ Principal Clerk Sworn to before me this 2OO7 VOLINSKI [~; STATE OF NEW YORK -V06105050 Feb ary 28, 2008 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 20, 2007 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the folinwing public hearings will be held by the SOUTH- OLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, BO. Box 1179, Southold, New York 11971-0959, on THURSDAY_, DECEMBER 20 2007: 9:30 A.M. END OF THE ROAD, LLC #6013. Request for Variances under Sections 28049 and 280-78B-I, based on the Building Inspector's No- vember 19, 2007 amended Notice of Disapproval concerning proposed con- struction of two buildings (with retail, office and bank space in this B-General Business Zone District. The reasons for disapproving the building permit ap- plication are: (11 one of the two build- ings will be less than 25 feet from the side property line, after demolition of existing buildings, and (2) the accessory parking area is located in an R-40 Resi dential Zone District, which the code states is permitted upon approval of the Board of Appeals under Section 280-78- B I.~fhe existing buildings are proposed to be demolished. Location of Property: 11500/11600/11700 Main Road (NYS Route 25) and John's (private) Road, Mattduck; CTM 122-3-1.2, 2, 5.1 and 17. 10:00 A.M. BREWERS YACHT YARD #6102. Request for Variances un der Sections 280-15 and 280 116B, based on the Building Inspector's September 24, 2007 Notice of Disapproval concern lng a proposed accessory pavilion struc ture at an amended height which will exceed the code limitation of 22 feet as per amended plan and in a location at less than 75 feet to the bulkhead, at 500 Beach Road, Greenport; CTM 43-3-2. Zone District: Marine il, 10:10 A.M. PATRICIA DAWSON #6101. Request for Variances under Sections 280 114 and 280-116B, based on the Building Inspector's October 11, 2007 Notice of Disapproval concern lng proposed as-built additions and al terations to the existing dwelling, which construction is less than 75 feet from the bulkhead and less than 20 feet on a single side yard. Location of Property: 7940 Indian Neck Lane, Peconic; also known as Lot 2 on the Map of High House Woods; CTM 86-7-7.2. 10:25 A.M. HEINZ and BRIGITFA ROSIN g6099. Request for Variances under Section 280-124, based on the Building Inspector's September 21, 2007 Notice of Disapproval concerning as-built addition(s) and alterations to the existing single-family dwelling with a single side y~rd setback at less than 15 feet and rear yard at tess than 50 feet at 5610 Peconic Bay Boulevard, Laurel; CTM 128-2-10. 10:50 A.M. PHILLIP & JENNIFER STANTON #5948 (PH 10/18 carryover for additionaJ information) regarding proposal to relocate a barn with pro- posed additions, and proposed altera- tion for use as an accessory building with owner's private game room, adding bathroom facilities and a fireplace, at 522 Town Creek Lane, Southold; CTM 64-I 14.7 11:00 A.M. KENNEI~I G. SCHEU- BLE1N #6079 (PH 10/18 carryover for additional information) regarding a proposed accessory garage and shed in an area other than the code-required rear yard, at 105 West Creek Avenue (also Pequash Avenue and Old Pasture Road), Cutchogue; CTM 103-13-20.1. 1:00 RM. CHARLES WITCZAK # 6092 (PH 11/15 carryover for addition- al information) regarding a proposed dwelling and existing barns, at the south- east comer of C.R. 48 and 5000 Bridge Lane, Cutchogue; CTM 84-5-4. 1:10 EM. GEORGE and EFSTRA- TIA SAMARAS g6103. Request for Variances under Sections 280-122 and 280-244, based on the Building lnspec- toffs October 26. 2007 Notice of Disap- proval conceruing a proposed second- story addition to the existing dwelling. which new construction will increase the degree of nonconformance when located less than 35 feet from the rear property line. Location of Property: 2100 Naugles Drive, Mattituck: CTM 99-5 25. l:20 BM. ANNE STEPNOSKI #6104. Request for Variances under Sections 280-122 and 280-] 24, based on the Building Inspector's September 27, 2007 Notice of Disapproval and Zoning Interpretation #5039 (Walz) concern- ing a proposed second-story addition and alterations to the existing dwelling, which will be an increase in the degree of nonconformity when the rear yard and front yard setbacks are less than 35 feet. Also proposed are additions at less than the code required 35 feet rear setback and front setback (new noncon- formities) under the code requirements. Location of Property: 1025 Cedar Road, Southold; CTM 78-7 35. 1:40 EM. SOUTHOLD PARK DISTRICI' #6105. Request for a Vari- ance under' Section 280-14, based on the Building Inspector's November 9, 2007 amended Notice of Disapproval concerning proposed additions and al- terations to an existing building at less than the code-required minimum of 60 feet from the front lot line. Location of Property: 5345 South Harbor Road, Southold; CTM 87-1-18.7. 1:50 BM. KINGA 1~ CRARY #6108. Request for Variances under Sections 280-13 and 280 15, based on the Build lng Inspector's October 24, 2007 Notice .of Disapproval concerning proposed additions and alterations to an existing accessory building for use as the own er's studio/workshop. The Building In spector states that the following are not permitted under the Zoning Code for accessory buildings: (1) habflable space as shown in the proposed layout of the accessory building, (2) setbacks from thc side and rear lot lines at less than three feet, and (3) proposed dormers exceeding 40% of the roof width. Lo cation of Property: 355 Skippers Lane, Orient; CTM 24-2-4. 2:1(I 'RM. THOMAS and MARY IRENE MARRON #6110. Request for Variances under Sections 280 124B and 280-124, based on an application for a building permit and the Building In spector's September 27, 2007 Notice of Disapproval,concerning a proposed ad- dition to the existing dwelling as living area (instead of garage area applied for under ZBA #5797-2005 )~ which addition as modified will be less than less than 15 feet on a single side yard. at 3125 Wells Avenue, Southold; C~FM 70-4-10. 2:20 RM. FRANCIS J. COU'TFS FAMILY TRUST by G. Hallenbeck III, Trustee #6098. This is an application for a Lot Waiver, concerning a 16,599 square foot lot, merged as a single par- cci as noted in the Building Inspector's September 6, 2007 Notice of Disapprov- al. under Section 280-11A to unmerge 10,007 square feet (CTM 142-1-3,2 va- cant land) for the purpose of building a future dwelling, and 6,592 square feet (CTM 142-1-3.3 with a dwelling). Loca tion of Properiy: 10650 Sound Avenue at corner of Factory Avenue, Mattituck. 2:40 P.M. ROMANELLI REALTY INC, #6!00. Location of Property: 36660 Route 25, Cutchogue; CTM 97-3-3.1 (formerly 97-3-3). Request for Varianc- es under Sections 280-42A and 280-43A & C, based on the Building Inspector's November I9, 2007 amended Notice of Disapproval, concerning a proposed contractor's yard and three principal buildings on this 63,338 square foot lot, The Building Inspector states that: (1) pursuant to the Bulk Schedule, one use per 80,000 square feet is al- lowed in the Limited Business (LB) Zone, and the proposed construction (three buildings) is not permitted on a lot containing less than 240,000 square feet, for the reason that the proposed three buildings constitute three distinct uses; and (2) proposed Building gl is not per- mitted with linear frontage exceeding 60 feet; (3) proposed Building gl is not per- mitted at less than 100 feet from a right of-way of NYS Route 25; (4) proposed Building tV2 is not per- mitted at less than 75 feet from a rear property line; and (5) proposed Building g3 is not per- mitted at less than 20 feet from a side lot line. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hea~ lng. Each hearing will not start earlier than designated above. Files are avail- able for review during regular busi- ness hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office. at (631) 765 1809, or by email: Linde. Kowalski@Town.Southold.ny. us. Dated: November 26, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO, JR,, CHAIRMAN By Linde Kowalsld 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) FO. Box 1179 Southold, NY 11971-0959 /2L'S~.8-1T 12/6 Town OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET J I ~ ~ I r ,VILLAGE' DIST, SUB. LOT FORMER OWNER I N E RES[ '~ S~S. VL. FARM , ( ~N~ IMP. TOTAL DATE RE~RKS '~g~ ' :' ' N~ ~' NOR~L BELOW ABOVE 8 ~ ~ Tillable FRONTAGE ON WATER Meadowbnd DEPTH Hou~ Plot BULKH~D ,~,/, .. 'COLOR NL Bldg. Extension Extension , Breezeway Garage Patio ' Total Foundation Bo~ement Ext. Walls 'Fire Place Type ROOf R~creation Room Dorltler Floors Interior Fi'nish Heat Rooms i Rooms 2nd Floor Driveway r DJnette LR. TOWH OF SOUTHOLD pIiOpERTY RECORD CARD OWNER ,, r STREET / / ~ ~)(,~ VILLAGE DIST. SUB. ' EOR~ER OWNER'~:~'~.I ~,l,~e~ EL. ACR.//. I -~. ~ND IMP, TOTAL DATE R~RKS AGE BUILDING OONDITION / N~ NOR~L BELOW ABOVE ' 6A~ Acre Value Per Value Acre W~Iond FRONTAGE ON ROAD / Meadowlond DEPTH House Plot ~~' / Total ~ D~K M. B~dg. Extension Extension Extension Porch Porch Breezeway Garage Patio Total ?,0 0 COLOR Foundation Basement Ext. Walls Fire Place Recreation Room ~ ~ L- Beth -~/.Z F oo~ TRIM Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driyeway ! DR. BR. FIN. B ~aa-' /~',~-3-J TOWN OF SOUT~LD PROPERTY RECORD CARD NNER STREET II 7~:::) V,LL~GE DIST. SUB. ~ER OWNER I~O',b~r.~C~an~ ~r~- E ACR. J ~.~ S~S. V~ FA~ COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE REMARKS I I I a AGE BUILDING CONDITION ~ NOeL BELOW ABOVE ~ Acre Value Per Value Ac re able 1 able 2 =hie 3 ~dland [mpl~nd FRONTAGE ON WATER ,.,an~ FRONTAGE ON ROAD ~ ~, ~. me Plot DEPTH ~ ~ BULKH~ ~ ~ D~K M. Bldg. Extension Extension Extension Porch Porch Breezeway Ga rage Patio Total ///,¢ j~..~ation Basement ~' Walls Fire Place Type Roof Recreation Room Dormer Driveway / ct...,~. Bath / Dinette Floors K. Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor LR. DR. BR. FIN. B. TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STRE~ 7~- VIL~GE DIST. SUB. .FOYER OWNER , -- ~ N E ?ES. ~/~ S~S. VL ' FARM CO~. ~B, MICS. Mkt. Volue ~ND IMP. TOTAL DATE RE~RKS AGE' BUILDING CONDITION ~] . FARM Acre Value Per Velue Tilloble FRONTAGE ON WATE~ W~land FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKH~D " DOCK Total CO,OR TRIM /'~1-- ~ CU/,/ M. Bldg. ~ ,, · Exter~sJon Extension Extension Porch 2:6 ~ Foundation Basement Porch I,~. Walls Breezeway Fire Place Type Roof Room Garage, Total Both Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette K. LR. DR. BR. FIN. B TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET %~ VILLAGE DIST, SUB. LOT ~ORMER OWNER (J N ,~. ~/~. ~,,$' E '~, 0, 'ACR. J ~JI'C]C. ~'~PI-J'~I~) ~l~,~, S W~ TYPE OF BUILDING s.h/ (wu, ~ND IMP. /TOTAL DATE REMARKS AGE BUILDING CONDITION N~ NO~L BELOW ABOVE FA~ Acre Value Per Value Acre 'illable 1 'illable 2 illable 3 /oodland ~ampland FRONTAGE ON WATER rushland FRONTAGE ON ROAD ~ ~ ~ ~ = ~ 7~ louse Plot DEPTH BULKH~D oral ,. D~K ~,t~,~./~: ~ ~a~,~ TOWN OF SOUTHOLD PROPERTY RECORD CARD -, / OWNER [STREET .] l T ',~ 0 VILLAGE DIST. ~ LOT FORMER OWNER S L, W ~PE OF BUILDIN6 RES. S~S. VL FARM CB. ~ISC. Mkt Value ~ND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Ac re Tillable ~e 2 TiHoble 3 Woodland Swamplond FRO~TAGfi / House Plot D[PTH BULKH~D Tot~ ~ ~ ~ DOCK /~.2 -,3 -*~ TOWN OF SOUTHOLD ~OPERTY RECORD CARD SUB. LOT OCT ? ~ 2007 BOAP, D OF APPEALc FORMER OWNER RES. OF SOUTHOLD SEAS. VL. PROPERTY RECORD CARD VILLAGE DIST. SUB. . /d t~ T T / Y}; c /".,~ /~ z~ : ~ ~, ~ W, /iY~O/~O-.,V~y~,TYPE OF BUILDING Mkt. Value LOT ~)/.S 7 TOTAL DATE REMARKS //3/77 3000 13 NEW I ARM Tillable Woodland Meadowland House Plot Total, BEL ABOVE : ~1 -Per V~lue Acre FRONTAGE ON WATER to/ ~oo~ o ~ek'L. a ~d,..,q ' E~-~O< FRONTAGE ON ROAD DEPTH BULKHEAD COLOR · ~0 Bldg. xtension xtension orch reezeway arage aria .B. O6 Foundation Basement Ext. Walls Fire Place Type Roof R~creation Room Dormer Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway BR. otal TOWN ~: ~ ~ /,: ~,~ , .~ - ,/ ?V__NE__R STREET OF $OUTHOLD PROPERTY RECORD CARD SUB. LO I S..~/~ SEAS. ID IMP. ?0o :~,l.o o [ ~COMM..~ kB. M,CS. VL. FARM ( TOTAL DATE M RKS -- ,. ~,~- ~.~ ~ ACR. ~ BUILDINg, Mkt. Value BUILDING CONDITION IEW NORMAL BELOW ABOVE ARM Acre Value Per Value Acre liable FRONTAGE ON WATER ~5'~ ~ 0 'oodland eadowlond FRONTAGE ON ROAD DEPTH DOCK ouse Plot J COLOR ~ TRIM (L~r ~ ¢ ~ v~ xtension Foundation ~ ~ ~ Bath orch Basement F~'~ Fl~rs ~,,~ K. orch Ext. Wails ~. ~ ~ Interior Finish reezeway Fire Place -)~ o He~t ~DR, atio ~ Recreation Room Rooms 2nd Floor ~FIN. B L B. I Dormer ~ Driyeway TOWN OF SOUTHOLD I~I({;)PI~KIT KI:~,~JKL~ ~b, ~, ' o~N~i~: '~ I STREET / t ~7~) VILLAGE DIST. SUB. LOT FO__~RMER OWNER 1.0, ~.~r,£~,cba ,~ ~ r~- E ^CR. I ' S W RES.~/O S~S. VL. FARM COMM. CB. MISC. Mk~. V~lue ~ND IMP. TOTAE DATE REMARKS AGE BUILDING CONDITION N~ NOeL BELOW ABOVE FARM Acre Volue Per Value Acre Till~ble Tillable 2 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH BULKH~D ~ ~ DOCK Total ~ ~ Bldg. xtension xtension COLOR 'I'RI,M ation Basement Walls xtension & x ~ D/. Fire Place ' ~ ~"~ ~ ~ Roof Bath Floors / ~inette Interior Finish Heat Rooms )st Floor orch R. ecreation Room Rooms 2nd Floor orch ~reezeway [arage )atio Dormer Driveway 'otal TOWN OF SOUTHOLD PROPERTY '" ~' ~-/7 OWNER ,FOR/~ER OWNER ' , , TOTAL DATE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Volue Acre Tilloble RECORD CARD VILLAGE --~-D~'S¥.~ SUB. LOT i E~.o. _ ACR.~/ I COMM. ~B. MICS. Mkt. Woodland Meadowland_____ House Plot Tctol REMARKS FRONTAGE ON ROAD DEPTH BULKHEAD DOCK M. Bldg. Extension Extension ~xtension Porch Porch Foundation Basement jExt. Walls !Fire Place Breezeway ' ' ~oroge ]'oral !Type Roof · J--L) IR::reati°n Room ,~,5-I,D°rmer Beth Floors Interior Finish Heat Dinette K. Rooms ]st Floor Rooms 2nd Floor FIN. B Drivewoy J DR. FORMER OWNER (-/ N ~. ~/J;,/~ ~"~ LAND IMP. "/TOTAL DATE TOWN OF SOUTHOLD PROPERTY VL: ' FARM AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre 'illable ] VILLAGE COMM. ~CB. MISC. Mkt. Value RECORD CARD REMARKS DIS'r.I SUB. ' ~, t" TYPE OF BUILDING LOT DEPTH BULKHEAD DOCK illable 3 loodland ~ompland rushland ouse Plot )tal FRONTAGE ON ROAD FRONTAGE ON WATER SECTION NO 122 ........ ~,~ .o 1000 3.2 T~N OF LINE ii) ~,lmu~ O00I OlOHlflOS i @ ~q6~]ns ]o XmNnOO -zz- ~ ,~ ~ 9YV7 7gHDV7 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of END OF THE ROAD LLC Regarding Posting of Sign upon Applicant's Land Identified as 1000-122-03-17.1 ZBA File ~ AFFIDAVIT OF SIGN POSTING STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) I, DANIEL C. MOONEY, residing at 575 Pine Place, P.O. Box 731, East Marion, New York 11939, being duly sworn, depose and say that: 1. On the 28th day of May 2008, I personally placed the Town's official posters, with the date of hearing and nature of my application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way near the entrance to the parcel, as the area most visible to passersby. As to Main Road parcel, the poster was placed in front of 11700 Main Road facing same Main Road. As to Johns Road, the poster was placed in front of 725 Johns Road facing said road. 2. I hereby confirm that the poster will remain in place until the date of the hearing, which date is shown to be June 26, 2008. Sworn to before me this 6th day of June, 2008 NANCY K. MEIER Netary Public, State of New York No. 01-ME6038122 Qualified in Suffolk County Commission Expires March 6. 20_L0 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of END OF THE ROAD LLC SCTt4 Parcel #1000-122-03-17.1 ZBA File N.~ AFFZDAVZT OF t4ATLI'NG STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) I, NANCY K. t4EZER, residing at 144 South .lamesport Avenue, P.O. Box 136, South .lamesport, New York :11970, being duly sworn, depose and say that: On the 28th day of May 2008, I personally mailed at the United States Post Office in Mattituck, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Assessors Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's properly. NANC'Y(,~. MEIER Sworn to before me this 28th day of May, 2008 DANIEL C. MOONEY Notary Public, State of New York No. 02-M06052.771 Qualified In Suffolk County Commission Expires December 26, 20~_~) USPS - Track & Confirra Page 1 of 1 Home I Hel Track & Confirm Track & Confirm Search Results Label/Receipt Number: 7004 1350 0000 1126 0541 Status: Delivered Your item was delivered at 2:43 PM on June 4, 2008 in STATEN ~SLAND, NY 10314. Enter Label/Receipt Number. · 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 rnailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Transfer lmm service lade0 R~ceived by ( P#n~ed Name) D. Is delivery address different fTOm item 1 ? If YES, enter delivery address below: [] No XetuP r e~s Mail rn Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra F~e) i-] Ye~ 7004 1350 0000 1126 0541 PS Form 3811, February 2004 Domestic National & Premier Accounts /05 http://trkcnfrm 1 .smi.usps.com/PT 06/05/2008 USPS - Track & Confirm Page 1 of~:~1 ~t)\~ Home I Hel Track & Confirm Track & Confirm Search Results Label/Receipt Number: 7004 1350 0000 1126 0466 Status: Notice Left We attempted to deliver your item at 8:16 AM on May 29, 2008 in SHELTER ISLAND HEIGHTS, NY 11965 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later, Track & Co~ ............... Enter Label/Receipt Number. · Complete items 1,2, and 3. Atso complete item 4 if Restricted Delivery is defflred. · Print your name and address on the mveme so that we can tatum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. r 1. Article Addressed to: 2. Ar~icleNu~nber 7004 1350 PS Form 3811, February 2004 Agent dl. { [] Registered ~-IRetum Receipt for Merchand[sa ~ [] Insured Mail [] C,O.D. ~4. Restricted Deliver? (Extra Fee) [] Y~ National & Premier Accounts 0000 http://trkcnfrm 1 .smi.usps.com/PTSIntemetWeb/InterLabeIInquiry.do 06/05/2008 · Complete items 1,2, and 3. Atso 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 mailpiece, or on the front if space permits. 1. Article Addressed to: [] Agent [] Registered [~sturn R~celpt for Memhendise r-I Insursd MaLl [] C.O.D. Restricted Delive~ (Extra Fee) r"l Yes 2. Article Number PS Fo~m 3811, Fe~n~ 7004 1350 0000 1126 0459 1.5i · 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 mailpiece, or on the front if space permits. 1. Article Addressed to: P~e v~=E~/( P~nte~ Naive) I O_~lat e oI Delivery If YES, enter delivery address below: ~ No 3. rvice Type ed Mail [] Mail Express stered i~turn Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7004 1350 0000 1126 0510 · 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 rstum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: I I /'7 / ~s ~ .,~' [] Agent IfYES,~bnterdeliveryaddressbelow: ~ [] No 4. Restricted Delivery? (Extra Fee) [] Yes 2. Artlcle Number (Transfer from ~,~'.,~a, PS Form 3811, February 2004 7004 1350 0000 1126 0480 · Complete items 1, 2, and 3. Also complete {tern 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 mailpiece, or on the front if space permits. 1. Article Addressed to: X [] Addressee B.~.~_~Recaivedby(PrintedName)[~ ,~'~ ~ C~ie~f ~e~ve~/~. D. Isdelivewaddreesdifferen~-fromltem 17 C1 ~es If YES, enter deliver/address below: [] No ilied Mail ~j~xpress~ Mall istered ~etum Receipt for Merchandise r-I Insured Mail [] C.O.D. 2. Article Number 7004 1350 0000 1126 0503 PS Fo~m 3811, February 2004 Domestic Retum Receipt · Complete items 1,2, and 3. Also complete item 4 if R~tdcted Deliver/is desired. · Print your name and address on the reveme 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. 1. Article Addressed to: p . -7-7 2. Article Namber (Transfer from service label) PS Form 381 1, February 2004 A. Signature n Addressee B. Received by ( printed Name) C. Date of Delivery D. Is delivery add~ss different from ltem l? [] Yes If YES, enter delivery address below: [] No 3. Se 'ce Type ~rtified MaLl %[] ?press Me~I 4. Restricted Delivery? (Extra Fee) [] Yes 1126 0497 7004 1350 0000 Domestic Return Receipt ·Compiete 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 mailpiece, or on the f~ont if space permits. 1. Article Addressed to: 5?¢0 A. Signature ~ ~ ~J~f-lAgent X ~ ~ O Addressee y(Pfinted~ame) ¢. C. Date of Deliver/ is delivery address different from item 17 If YES, enter delivery address betow: [-I No tess Mail F9 Registered {~rn Receipt for Merchandise [] Insured Mail [] C.O.D. 2. Article Number 7004 1350 0000 1126 0442 Nm i PS Form 3811, Feb,ua7 2004 Domestic Return ReCeipt S E ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of END OF THE ROAD, LLC (Mooney) Regarding Posting of Sign upon Applicant's Land Identified as 1000; 122; 3; 5.1, 17, 1.2 and 02 ZBA File No. 6013 AFFIDAVIT OF SIGN POSTING STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) I, DANIEL C. MOONEY, residing at 575 Pine Place, P.O. Box 731, East Marion, New York 11939, being duly sworn, depose and say that: 1. On the 5th day of December 2007, I personally placed the Town's official poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) near the entrance or driveway to the parcel, as the area most visible to passerby. As to Lot 5.1, the poster was placed in front of 11700 Main Road facing the Main Road. As to Johns Road, the poster was placed in front of 725 Johns Road facing said road. 2. I hereby confirm that the poster has remained in place for seven (7) days prior to that date of the subject date, which hearing date was shown to be December 20, 2007. ' DANIEL C. MOONEY / Sworn to before me this 19th day of December, 2007 N O'l~,RY PUBLIC NANCY K. MEIER No ~.ry Public, State of New York No. 01-ME603812.2 Qualified in Suffolk County Commission Expires March 6, 20JL~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of AFFIDAVIT ~ame of Applicant) ~INGS CTM P~cel ~ 1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) ~ ~ w r,. ~c ~ _, New York, berg duly swo~ depose and say t~t: Onthe O5 dayof ~Od~ , I personally m~l~ at the United S~es Post Office in ~ rrt w~c~ . New Yor~ by CERT~D ~L, ~ ~CE~T ~Q~S~D, a tree copy of the a~ch~ ~1 Notice in prepaid envelops ad~ss~ to c~ent o~ers shorn on the cu=ent ~sessment roll verified from the official r~rds on file ~fl~ ~e ~Assessors, or ( ) ..... ~ ........ v~--~ Offi~ , for eve~ property which abu~ and is across a public or pfiv¢le s~eet, or vehicular right-of-way of recor~ s~ounding the applic~t's pro~. ' Sworn to before me this ,3 ¢ day of /b/od ,200 7 ~/~otary Public)~ (Signature) / NANCY K. MEIER Notary Public, State of New York No. 01-ME6038122 Qualified in Suffolk County Commission Expires March 6, PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the '°wner~names~and addresse~ fm wvhichmr~-esweerL~lwaSl~x:l.~llt~nk y ou~ ..................... n3 Total $5.94 [1/23/2007 0~2 $0.~7 $2.15 $0. O0 $ $5.'r7 0952 END OF THE ROAD LLC 575 Pine Place P.O. Box 731 East Marion, N.Y. 11939 (631) 477-0665 November 23, 2007 To~ Alan Cardinale t 'a ~1 - 0 S - l, ~-[ P.O. Box 77 Mattituck, N.Y.11952 Kevin Beasley & Stephanie Ruggles P.O. Box 832 t al -O3 -/ff Mattimck, N.Y. 11952 Stephanie & Zdzislaw Mikolajczk 301 Kell Ave id Staten Island, N.Y. 10314 John DeReeder ! q! P.O. Box 1322 Mattimck, N.Y. 11952 District 1000 Section 122 Block 03 Lots 1.2, 02, 5.1 & 17. 11520,11600,11700 and 11750 Main Road and 725 JolmsRoad, Mattituck Six Kings LLC 2290 Deephole Drive Mattituck, N. Y. 11952 Roy Schlein /02 -o5 -.3zO P.O. Box 1498 Southold, N. Y. 11971 dAndrew Fohkolb I gl'l- q - iff/ P.O. Box 106 Mattimck, N.Y., 11952 //~ Frank A. Kestler la/3 - ol -t(. q-/40 Westmoreland Drive Shelter Island Heights N.Y. 11965 Dear Neighbors: Enclosed please find the following: 1. A Notice of a Hearing before the Southold Town Zoning Board to be held on December 20, 2007 at 9:30 AM. 2. A copy of the site plan submitted to the Zoning Board of Appeals. 3. An elevation sketch of the proposed bank building. ( The sketch of the office building is cun'ently being revised but will be similiar to the bank in design) The application requests that the usual side yard setback requirement (25 feet} be reduced to 15 feet along the Westerly side of the parcel (where the beverage store now stands). Presently the building is on the property line with no setback. Additionally the application requests that parking be permitted on the two Southerly parcels one of which is vacant and on the second of which there is the trailer/modular which has been vacant for the past two years. All of the current buildings will be removed and the buffers will be planted with appropriate shrubs/grass / plantings In short, we hope to improve the area. Please feel free to call to discuss the application or for any further information you wish. You may also call our attorney Daniel Mooney at (631)298-1100. We look forward to being a good neighbor. Thank you and Happy Holidays. Sincerely, Maureen Mooney End of The Road LLC LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 20, 2007 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, DECEMBER 20~ 2007: 9:30 A.M. END OF THE ROAD, LLC #6013. Request for Variances under Sections 280-49 and 280-78B-I, based on the Building Inspector's November 19, 2007 amended Notice of Disapproval concerning proposed construction of two buildings (with retail, office and bank space in this B-General Business Zone District. The reasons for disapproving the building permit application are: (1) one of the two buildings will be less than 25 feet from the side property line, after demolition of existing buildings, and (2) the accessory parking area is located in an R-40 Residential Zone District, which the code states is permitted upon approval of the Board of Appeals under Section 280-78-B-I. The existing buildings are proposed to be demolished. Location of Property: 11500/11600/11700 Main Road (NYS Route 25) and John's (private) Road, Mattituck; CTM 122-3-1.2, 2, 5.1 and 17. 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: November 20, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 :::l · 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. I Attach this card to the back of the mailpiece, or on the front if space permits. 3811, February 2004 B. Received J Addressee [] Regista'ed r"l Express Malt I-I Return Receipt for Memhandlse [] C.O.D. 4. Restricted Delivery? (Exba Fee) [] Yes I~(~Prk~ Name) Ck D~ of De~ {; ?f,,7 , · Complete items 1, 2, and 3. Also complete I~m 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 mailpiece, or on the front if s/pac~'l~l~. 2. A~lcle Nul S W ;3 . PS Form 3811, February 2004 [] Certified Mall [] Expmse Mall hDD& Domestic Return Receipt · Comptete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse au that we cen return the card to you. · ~Mlach this card to the back of the rnm3piece, er on the front if space permits. 1. Article Addressed to: B. Recalved by ( 3. SaUce ~pe [] Certified Mall [] Express Mall [] Regietemd [] Retum Receipt for Merchandise r-i Insured Mall ' [] ~;,O.D. 4. Restricted Dellvery?~_x~a Fee) [] Yes PS Form 3811, February 2004 '~ Domestic Return Receipt loeses-o2-~v,-1540 · Complete items 1, 2, and 3. Also complet~ 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 mailpiece, or on the front if space permits. Article Addressed to: Ps Form 3811, February 2004- A. Signature  [] Agent ~X [] Addressee C. iD~t~e of Delivery D. Isdellvmyeddm~ ~17 []Yes If YES, enter d, [] No 4. Restricted Delivery? (Exba Fee) 7004 1350 0000 1126 t241 Domes~c P~um Rece~p~ DYes · 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 mailpisoe, or on the front if space permits. •Agar C. Dete ct Delh,e~/ i-lyes [] No [] Retum Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? {Ex~ra Fee) o_r } .boo& · 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. I Attach this card to the back of the mailpiece, or on tl~ front if space permits. 3. Servk;e Type [] C, et~ed M~II [] Express M~r [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.0.D. 4. Restricted Delive~? (Ex/m Fee) [] Yes Dotlnestlc RetiJm Receipt 1 o2~4,f-154o · Complete Items 1, 2, and 3. Also comple~ item 4 if Restdctsd Delivery is desired. · Print your name and address on the mveme so that we can return the card to you. · Attach this card to the back of the mailpisoe, or on the front if space permits. 1. Article Addressed to: ~ ~ 3811, Febm~ 2~ ~,~ ~m R~ D. Isdailvefyaddres~diffemntf~mnlt~nl? OYes if YES, enter delive~ addres~ below: r'lNo 3. Se~ice Type · [] ce~ M~ [] Registered- r-i Rstum Receipt fo~ Merchamllt [] C.O.D. 4. Restricted Delivery? ~ Fee) [] Yes · Ce~ items 1, 2, and 3. Also complete ~ 4 It Restricted Delivery is desired. · ~ y~Jr name and address on the mveme so that'we can return the card to you. · Attach this card to the back of the mailpiece, or on the front It space permits. 1. Article Addressed to: 7004 1350 Form 3B11, February 2004 ~-I~. Received by (Pr/nt~dName) C. Date of D~II~e~ · [] Certified M~ [] Express Mail I-I Registered [] Retum Receipt fo~ Merchandise [] Ir~ured Mail [] C.O.D. 4. Restricted Delivery? {Ex~a F6e) [] Yes 0000 1126 1258 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAM END OF THE ROAD, LLC #6013 MAP # 122-3-17.1 VARIANCES Bldg. Setbacks+Width; Parking REQUEST Two Commercial Buildings DATE: THURS,JUNE 26, 2008, 1:20 PM 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 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: END OF THE ROAD LLC (MOONEY) #6013 MAP #: 122-3-2, 5.1, 17 & 1.2 APPEAL: Side Setback; R-40 Parking Area REQUEST: 2 New Buildings (after demo) DATE: THURSDAY, Dec. 20, 9:30 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 tONING BOARD OF APPEALS O MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main F~oad, Town P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 Hall Building, 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 aI_l 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 mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or durinq the hear nq, prov d n.q the returned letter to us as soon as possible; AND not later than June 9th: Please either 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 Postin,q 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 Encls. .~ BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net November 19', 2007 Re: Town Code Chapter 55 - Public Notices for Thursday, December 20, 2007 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before November 27th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than November 28th: pla'asa either mail or deliver to our office your Affidavit of Mailin.q (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 December 10th: .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 Postinq prior to December 20. 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 Encls. --Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.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: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recordix~g) REFERENCE:: [] URGENT F~ORYOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: DATE: To: FAX NUMBER: DANIEL C. MOONEY, P.C. ATTORNBY 11700 MAI~ ROAD, P.O. BOX ?02 MATTITUCK, NEW YORK 11952 (631) 298-1100 FAX (631) 298-4998 -F~ tC$IMILE MESSAGE- /~2 F Numb~ of Pages w/Cover - __ FROM: Daniel C. Mooney ~As Per Our Conversation [] Prior/~ [ ] For Your Approval [ ] For Your Review Original: [ ] Not Being Sent [ ] Via Overnight Marl COMMENTS: [ ] For Your Information [ ] AS Requested [ ] Please call upon receipt [ ] Sent Via Mail JUN 2 0 ~ffi8 ~ BOARD OF APPEALS 01/03 The information contained in this fax mes~e and the attachments fntmediately followln~ is attorney privileged and prohibited. If ya~ have received thi~ comrr~nlc~tion in error, please imrrkedfately notify us by t~ephone and re~urn th~ original rnest~e ~ u~ at the above addre~ v~a the U.S. Poztal Service. Qffice Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box t 179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: Date: TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice ~ecording) REFERENCE:: [] UR(;ENT [] FOR YOUR UI'DATI~ [] PLEASE COMMENT [] AS REQUESTED [] ...... NOTES/COMMEHTS: Please find attached copy/copies of the following: ,- '~'~ -'~'~ '~"w ~ ?, '~ z' T~a~ yom Sender's hfitials: d/~x~O ffice Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtownmorth fork.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 l 1971-0959 FACSIMILE TRANSMITTAL SHEET TO: Date: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: _.~ [] URGENT F~OR YOUR UPDATE [] PLEASE COMNIENT [] AS REQUESTEI) [] ...... NOTES/COMMENTS: Please find attached copy/copies of fl~e following: Thank you. Sender's Initials: /.,~ D^~mL C. Moo~E¥, P.C. ATTORNEY 111700 MAIN R.OAD P. O. BOX 702 MATTITUCK, NY 11952 (631) 298-1100 FAX (631) 298-4998 dcmooney~optonline.net RECEIVED APR 1 ? 2008 ZONING BOARD OF AFP~ALB 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 USP$ Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 MEMO TO: Jerilyn Woodhouse, Chairperson, Planning Board Heather Lanza, Director, Planning FROM: Jerry Goehringer, Chairman DATE: January 14, 2008 SUBJECT: End of the Road Variances CTM 122-3-5.1 With regard to the above application, this letter is sent to confirm that the public hearing was held and closed and that deliberations are pending for a possible approval with conditions. A ZBA decision is not expected to be voted on until after SEQRA is processed, and after consideration by the Planning Board of land-banked parking location, stone-surface parking, and outdoor lighting not to exceed five feet in height from ground. Time extensions will be requested if necessary from the applicant, during this time. 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 TO: Planning BoaTr~' (631) 765-1809 Fax (631) 765-9064 FROM: James Dinizio, Jr., ZBA Chairman DATE: November 27, 2007 SUBJECT: Request for Comments USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Our Department has received and is reviewing the following application, and enclose copies of the Building Department's Notice of Disapproval, and application with the applicant's latest map. The Planning Board may be involved under the site plan review steps under Chapter 100 (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 VARIANCE PLANS PREPARER ZONE NOD DATE DATE STAMPED Mooney(End 122-3-5.1, 6013 2/1/07, 280-781;280-49; 11/19/07 James of the Road 17, 2 & 9/13/07, 280-127; split site plan DeLucca, RA LLC) 1.2; B/R- 11/19/07 zone parking; 40 side yard setbacks Your comments are appreciated by 12/15/07. Thank you. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Address: Southold Town Hall 53095 Main Road · RO. 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 MEMO TO: Planning Board FROM: Gerard P. Goehringer, ZBA Chairman DATE: May 9, 2008 SUBJECT: Request for Comments (Site Plan Coordination - Mooney; End of Road LLC AS AMENDED) As confirmed with your office yesterday, the ZBA is reviewing the following application, and enclose copies of the ZBA Legal Notice, Building Department's Notice of Disapproval, ZB application, and 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 for reference if needed. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED MOONEY; 122-3-1.2 6013B 2/1/07 280-781; 280- Revised Nathan Taft END OF THE 122-3-2 9/13/07 49; 280-50 Site Plan Corwin III ROAD LLC 122-3-5.1 11/19/07 A&C; 280-127 4/9/08 122-3-17 5/2/08 Your comments are appreciated by June 12, 2008. Thank you. Ends. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUT}IOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 27, 2007 USpS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 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. 6013 Action Requested: Within 500 feet of: Mooney (End of the Road LLC) Side Yard Setback/Parking ( X State or County Road ( Waterway (Bay, Sound, or Estuary) ( Boundary of Existing or Proposed County, State, Federal land. If any other information ~s needed, please do not hesitate to call us. Thank you. Very truly yours, James Dinizio, Jr., Chairman By:. Enclosures 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 May 9, 2008 ~. ailing 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 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: ZBA File #6013B Action Requested: Within 500 feet of: Owner/Applicant: Mooney; End of Road LLC Yard location (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman APPLICANT'S AFFIDAVIT COUNTY OF SUFFOLK ) ) STATE OF NEW YORK ) SS.: re: 1000-122-03-17 BRENDAN MOONEY, being duly swom, deposes and says that he resides at 630 Fulton Street, Apartment #14T, Farmingville, New York 11935 in the State of New York, and that he is one of the owners of the above-referenced property which is hereby making application with the owners of contiguous parcels; that there are no existing structures or improvements on the land which are not shown on the site plan of Lot 17; that the title to the entire parcel referred to above as Lot 17, including all rights-of-way, has been clearly established and is shown on said plan; that no part of the plan infi'inges upon any duly filed plan which has not been abandoned both ~s to lots and as to roads; that he has examined all rules and regulations adopted by the Planning Board for the filing of site plans and will comply with same; that the plans submitted, as approved, will not be altered or changed in any manner without the approval of the Planning Board; and that the actual physical improvements will be installed in strict accordance with the plans submitted. Sworn to before me this ~q.~ day of September 2007 NO'I(]AI~Y PUBLIC NANCY K. MEIER Notary Public, State of New York No, 01-ME6038122 Q~alifled in Suffolk County Commission Expires March 6, 20 ~..~ C, CI 2 ¢ 2007 B©,~RD OF APPEALS APPLICANT'S AFFIDAVIT COUNTY OF SUFFOLK ) ) STATE OF NEW YORK ) SS.: re: 1000-122-03 -5.1 MAUREEN M. MOONEY, being duly sworn, deposes and says that she resides at 575 Pine Place, P.O. Box 731, East Mar/on, New York 11939 in the State of New York, and that she is the owner of the above-referenced property which is hereby making application with the owners of contiguous parcels; that there are no existing structures or improvements on the land which are not shown on the site plan referred to above as Lot 5.1; that the title to the entire parcel of Lot 5.1, including all rights-of-way, has been clearly established and is shown on said plan; that no part of the plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads; that she has examined all rules and regulations adopted by the Planning Board for the filing of site plans and will comply with same; that the plans submitted, as approved, will not be altered or changed in any manner without the approval of the Planning Board; and that the actual physical improvements will be installed in strict accordance with the plans submitted. MAUREEN M. MOONEY Sworn to before me this day of September 2007 NOT(~{R~' PUBLIC NANCY lC MEIER Notary Public, State of New York No. 01-ME6038122 Qualified in Suffolk County Commission Expires March 6, 20./_b APPLICANT'S AFFIDAVIT COUNTY OF SUFFOLK ) ) STATE OF NEW YORK ) SSZ re: 1000-122-03-17 KIERNAN MOONEY, being duly sworn, deposes and says that he resides at 62 Alabama Street, Long Beach, New York 11935 in the State of New York, and that he is one of the owners of the above-referenced, property which is hereby making application with the owners of contiguous parcels; that there are no existing structures or improvements on the land which are not shown on the site plan of Lot 17; that the title to the entire parcel referred to above as Lot 17, including all rights-of-way, has been clearly established and is shown on said plan; that no pan of the plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads; that he has examined all rules and regulations adopted by the Planning Board for the filing of site plans and will comply with same; that the plans submitted, as approved, will not be altered or changed in any manner without the approval of the Planning Board; and that the actual physical improvements will be installed in strict accordance with the plans submitted. Sworn to before me this day of September 2007 NO~ARY PUBLIC NANCY K. MEIBR Notary Public, State of New York No. 01-ME6038122 Qualified in Suffolk County Commission Expires March 6, 20 APPLICANT'S AFFIDAVIT COUNTY OF SUFFOLK ) ) STATE OF NEW YORK ) SSZ re: 1000-122-03-1.2 DEIRDRE MOONEY, being duly swom, deposes and says that she resides at 78C Edwards Street, Roslyn Heights, New York 11577 in the State of New York, and that she is the owner of the above-referenced property which is hereby making application with the owners of contiguous parcels; that there are no existing structures or improvements on the land which are not shown on the site plan of Lot 1.2; that the title to the entire parcel referred to above as Lot 1.2, including all rights-of-way, has been clearly established and is shown on said plan; that no part of the plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads; that she has examined all rules and regulations adopted by the Planning Board for the filing of site plans and will comply with same; that the plans submitted, as approved, will not be altered or changed in any manner without the approval of the Planning Board; and that the actual physical improvements will be installed in strict accordance with the plans submitted. DEll~Y~E Mo~)NE~..~J Sworn to before me this ,.~ day ofS~l:~?007 PUBLIC NANCY K. MEIER Notary Public, State o! New York No. 01-ME6038122 Iitied in Suffolk county .- Qua ...... s March 6, 20.-~-~) COr0~iSSiO~ ~..xp no OCT-19-~(~? 1~:06 ~ROM:WICKAM BRESSLER 631 298 8565 D~I~L ~OONEY P. 0~ PA~ COUNTY OF SL~FFOLK ) STAT~ OF N~W YORK ) r~: 1000-121-03,,00'2 y es~M~Hsh~i ~md is shown ~mid pazc~ io~inges ~a a~y daty STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) MAUREEN M. MOONEY, owner of 1000-122-03-5.1, hereby authorizes DANIEL C. MOONEY to act as her agent and handle all necessary work involved in the approval process with the Southold Town Planning Board; Suffolk County Department of Health Services; New York State Depan, ment of Transportation and Southold Town Zoning Board of Appeals solely in connection with the application for approval of the project currently pending before the various boards. MAUREEN M. MOOlq;EY Sworn to before me this e~.~/.~, day of September 2007 NO~AI~Y PUBLIC STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) ~ and KIERNAN MOONEY, owners of 1000-122-03-17, hereby authorize DANIEL C. MOONEY to act as their agent and handle all necessary work involved in thc approval process with the Southold Town Planning Board; Suffolk County Depadment of Health Services; New York State Department of Transportation and Southold Town Zoning Board of Appeals solely in connection with the application for approval of the project currently pending before the various boards. Sv~pm to before me this O.t~ day of September 2007 Y PUBLIC NANCY K. MEIER Notary Public, State of New York No. 01-ME6038122 Qualified in Suffolk County ';,~m',:,,,ssion Expires March 6, 20J..(~ STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) BRENDAN MOONEY m~ ¥,,~,~TEL'3~ MGG'dZ¥, owners of 1000-122-03-17, hereby authorize DANIEL C. MOONEY to act as their agent and handle all necessary work involved in the approval process with the Southold Town Planning Board; Suffolk County Department of Health Services; New York State Department of Transportation and Southold Town Zoning Board of Appeals solely in connection with the application for approval of the project currently pending before the various boards. BRENDfdN MOONEY0 rn to before me this day of September 2007 NOTAI~ PUBLIC NANCY K. MEIER Notary Public, State of New York No. 01-ME6038122 Qualified in Suffolk County Commission Expires March 6, 20.L~ 0CT-19-2007 lP:O,G. FROM:WICKAM 8RESSLER 298 8585 1 ~31E~9~199~ P~E. 03/03 STATE OF NEW YORK ) ) SS,: COUNTY OF SUFFOLK ) DEIRDRE MOONEY, owner of 1000-122-03-1.2, hereby authorizes DANIEL C. MOONEY to act as her agent and handle all necessary work involved in the approval process with the Southold Town Planning Board; Suffolk County Department of Health Services; New York State Department of~ Transportation and Southold Town Zoning Board of Appeals solely in connection with the application for approval of the project currently pending before the various boards. DEIRDRE MOONE~_~) Sworn to before me this ~SJr lq dayof~. 2007 NOTP(~Y PUBLIC NANCY K. MEIER Notary Public, State of New York No. 01-ME6038122 Qualified in Suffolk County Commission Expires March 6, 20J...~ 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 F~x (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 February 14, 2007 Zoning Appeal No. 6013 Transmitted herewith is Zoning Appeals No. 6013 of Maureen Moone¥- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Questionnaire for Filing with the Z.B.A. Application, Applicant's Project Description, Transactional Disclosure Form, Notice of Disapproval dated: February 1, 2007, Application for Building Permit, Short Environmental Assessment Form, LWRP Consistency Assessment Form, (5) Town of Southold Property Record Cards, a Dimension Diagram of S.C.T.M. #122.-3-5.1 and a Survey of the property prepared by Joseph A. lngegno; Licensed Land Surveyor. Date: 02/14/07 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Receiptg: 5980 Transaction(s): 1 1 Application Fees Reference Subtotal 6013 $600,00 Check#: 5980 Total Paid: $600.00 Name: Mooney, Maureen Po Box 702 MaEituck, NY 11952 Clerk ID: MICHELLE Internal ID: 6013 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 2 / 13/07 ZBA # NAME CHECK # AMOUNT TC DATE STAMP t~.¢F. IVED 6013 Mooney, Maureen et al 5980 $600.00 FE3 ~ 4~--~r TOTAL $600.00 By__ Thank',ou. ., ~ r,~ ~ r~ ~: Southol& New York 11971 BOARD OF APPEALS ()X~N OFSO IIIOLD Appl. No. 4462 - LAWRENCE SDTER PARCELS 1000-122-3-7 (and Bag~xhaw Parcel 1006-122-3-6) ST[~EET ,% LOCALITY: lld00 Main Road (and 11500 Main Rd), l~Iattimck, NY I)ATES OF PUBLIC ilF, ARINGS: Apr.il 10, 1997 and April 24, 1997 PROPERTY FACTS/DESCRiPTION: This p~?opet'zy is located in a B-General Business Zone District, situate on t..~ southerly side of the Main Road with 75 ft. road fz*ontage, 196.71 ft. fz-ontage along the easterly property ~ne (adjohiing the Bagshaw parcel ~!000-!22-3-~). Tiie Surer patrol contains a total area of approximately .3,5 of au act,; md the b~Ul:iix~ga and land az.e mo?e parhculariy depicted BAS1S OF APPEAL: The Building Inspector has issued tv.'o sepaz'ate .,cti3ns of Disapproval. i;f:t"fci, h~:; insufficient side yard ... ten (i0) ft. is required fop this siz~ lot .... " (Note: 'Phis Disapproval was updated ht a 2/7/97 letter instead of five (5) feat.) Page 2 - Action K ..,dered M , 1997 Re: Lawrence Suter/1000-122-3-7 & 6 Southold Tov:n Board of Appeals AREA VARIANCE RELrEF ~!ESTED BY APPLICANT: 2. Based upon the provisions of Article XIX, Section 100-191 "Off CODE PROVISIONS: Article XiX, Section I00-191, subsect[ons F through I, of the Zoning Code reads as follows: may be orovided in spaces design:ed :o serve ~ointtv two (2) or more O. Combined snaces. When any lot contains two (2) or more uses district Ln which markii]~ spaces are located, and in no event shah such pal' ~kJ/ls slJaces be located iii any residence district unless the use to wkieh · Page 3 - Ac~on l~ ndered 1997 Re: Lawrence Surer/1000-122-3-7 & 6 Southold Town Board of Appeals _a-pproval by the Board of Anneals. Such soaces shall be in the same ownerskip as the use to wkich they are accessory a,_d sb~ be subject %o dead restrictions ap~0roved bv the Board2 binding_ the ow=ler and b/s heirs utilized in accordance with Section i00-ig!A above). without re~ard to district ~nes, provided that no such pE. rking spaces accessory is permitted in such ctistpict or upon approval of :he Bc~rd of Appeals. BOARD REASONS FOR ACTION, DESCRIBED BELOW: Safe and adequate offsize parking on thc adjoining R-40 zone property will velficies from baoldng out onto the Main Road. (2) The benefi~ sought by the applicant canno~ be acifieved by sene method, feasible for applicant to pursue, other lh~m an area variance because the applicar_~'s property is substandard in size (.37 acr~) and lacks the required area to provide adequate parking on site. zoned parcel is appro:dma£ely 91,000 squa~e feet and ~he applic~n~ wiU requ/re only 12,000 square-feet of the area for offsite parking. Page 4 - Action R~<tered May 1997 Re: Lawrence Suter/1000-122-3-7 & 6 Southold Town Board of Appeals ADDITIONAL BOARD REASONS FOR ACTION ON SIDE YARD SETBACK VARIANCE~ DESCRIBED BELOW: 'Page 5 -,Action i~ iered ~19, Re: La~rence Sufe~r/1000-1~"i"~3-7 $outhold Town Board of Appeals 1997 &6 smwice) shall diseonl~nue immediately. 5. This permit shall erpire at the time both owners' a~eement term[nates. [:n the event of a tp. rminat~on or expil~atlon of the pen~king a~reement, the Beard reserves the right to require a public hearing and to further consider ~ zhe Zorfing Code standa~xts and c6nsideratio~s pertaining to the effec[s of this adc[ii/on and its use. w~ver, and a mln{rmnn 15-foot of landscape buffer (three sides), amd the number and designation of parking areas, and other site plan elements shall be determined by the Planniag Board under the site pta~ re~mdations of the Zoaing Code. 7. AH lighting must be shielded down to the ground and not glare toward neighboring or nearby areas. 9. All parking, overfIow and on-site, shah be with a safe access a~d sufficient for fire and other vehicles at ~dl limes. There sh~]] ~ot be any backing of vehicles or t2~a3/ers out onto the ~%~dn Read in any mannep at any time whatsoever. 10. No parking is permitted along the Muflz Road of either pa/,ce! as a v~sibility and s;~ety pre(=~utions. 11. On December 3ist of each year, copies of the entire executed propel, ties s 'hall be fttrhished t(l the Board of Appe~mk%~ Town of Southold, ]2. In the event ;::pp[icant is not able to obtain an agreement with Lawrence Su~r/lO00~122-3-7 & 6 Actions. 97 / J 22-3-7. new ./ / Southold Town Board of Appeals ACTION OF THE ZONING.BOARD OF APPEALS Appeal NO. 3359 Application Dated April ]2. ]985 TO: Environment East, Inc. as Agent for THOMAS YASSO 3075 Indian Neck'Lane Peconic, NY 11958 (Public Hearing dune 13, 1985) ........ [Appellant(e)] At a Meeting of the Zoning Board of Appeals held on July 18, 1985, 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 , Section _ I ] Request for Variance to the Zoning Ordinance - ' Article ,'',-'.'~.~, Section EX] [Request for Variance Pursuant to ZBA Decision 5/22/75 under Appea.1 :~o. 2.029 ~or Pr~sed Additi.~.. ...... Appli~6a{~on for THOMAS YASSO (Wtlliston Beverage),'b~'Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY for a Variance pursuant co Z.B~A. decision rendered 5/22775 under ApReal No. 2029 for a proposed addition which will exceed the restricted lot coverage for this "B-l" General Business zoned parcel located at the south side of Main goad, Mattituck, NY;. County Tax Map Parcel No. lO00~ 122-3-5. in the Matter of the Application of IHOMAS YASSO; and WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter, tngluding testimony in opposition durfng the pqbl~c hearing; and WHEREAS, the board members are persqnally familiar with this property, its surrounding business and residential uses, and the hazardous traffic and parking situation 'ir this area; and WHEREAS, the board made the 'foll'ow'l~g findlngs'o'f 'fadt: 1. By th.is' application, appellant requests permission to construct a 7' by 15' addition to the present building for addi- tional refrigerated storage space as shown on t~e November 13, 1984 application for .a building permit. 2. On December 3, 1984, the bu'tlding inspector issued a Notice of Disapproval for same on the grounds that same would not be ]n conformity with the May 22, 1975 conditions of Zoning 8oard of Appeals decision under Appeal No. 2029 which limited an addition to a 64' by 30' size. 3. The premises in question is located on the south side WHEREAS, a public hearing was h~'ld and concluded on June 13, lg85 (CONTINUED ON PAGE TWO) DATED: August 6, ]985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING OF APPEALS Page 2 - Appeal No. 3359 Matter of' THOMAS YASSO Decision Rendered July 18, 1985 lk of the Main Road (State Route 25), directly south of its intersec- tion with Pacific Street. 4'. 'This parcel contains an area of approximately ll,O00 sq. ft. with frontage along the Main Road of 90.85 feet, with reductions in width to 26.80 feet along the rear {.south) property line. ' 5. The subject parcel i~ improved with a oneZstory concrete block building with an attached one-s'tor'y metal building, having minimal setbacks- {a) from the northerly [road property line at l'$±'fe~t" {b)' we~t side yard' at 7± feet (c) south rear yard at 18'9." · '(d)'east. side yard at 15'8"~' '' ~. ,. 6. In personally V'isitin~ the premises, the bo~d' finds a very hazardous situation for trafficking in the front of this pro~eft~'"as 'well 'as 'insufficient parki'ng facil'ities,' insufficient egress and ingress, traffic cong6stion, inefficient'and u~safe ~irc~lation of vehicle.s ~nd p.edestri'ans. F In cons'~dering this application, the board ffnds th'at: {a) the relief requested is not in the interest of the protec- tion and promotion of the public health~ safety, welfare; Cb) the relief requested is substantial in re. lati~n ~o the' zonin~-~ .. off-street P~ki'ng'requirements; {c} by allowing the variance, there will be an adverse affect om adja- cent properties for theiK safe circulation of vehicles and pedes- trians since the applicant's available opeh area is being reduced; {d) the circumstances of applicant'~ di. fficulties are not unique;- {e) in view of the manner in which applicant's difficulties arose, the interests of justice will be served by denying the .- variance, as noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki,. it was RESOLVED, to deny the relief requested under Appeal No'. 3359 in the Matter of the Application of THOMAS YASSO {Williston Beverage). Vote of the Board~ Ayes: Messrs, Goehringer, Grigoni's,' Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members present. · E INGER,~HAIRMAN August 6, 1985 oA'~ ..~....~.~., I. OTS fablAo Xea:.tag~ S/X/'TS ( ) 1. SPECL~L EXCEPTION. By resolution of the Board it was determined that a special excep/don ( ) be ~ranted ( ) be denied pursuant to Article .................... Sect/on .................... Subsection .................... paraEraph .................... Of the Zon/n~ Ordinance and the decl~/on c! the Building Inspector ( ) be ~eversed ( )~ be #LXLLito~ Beverage Co., NaLa ~ad, NattA~c~, ~v %o~k, for · mW ia admoz~aao~ vi.~J~ ~ Saad~ GedAMn~, ~ VIZ, leettou 100-70 ~ Du]J~ I~MJdu.l,o for permlloJ, ou ~.o vAth zeduaed $l~Se a. re~ eovengm, of ~y, mt~ olde of aa~ imad (Route IS), 2. VArIAnCE. By re~olut/on o! the Bca~ it was determ/ned that (a) Strict application of the Ordl~qe (wotfld) (would not) produce practical difficulties or vnnecessary (b) The h~rd~lp created (is) (is not) ~que and (w~uld) (would not) be shared I~ all properties alike in the t,~m~diate vichflty of th~ prol~rty ~nd /n the same u~e dfstrk~ because It's m (c) The variance (does) (does nojO observe the spirit of lhe ~Ordinance and (would) (would not) FORM ZONING BOAP, D OF APPEALS lla~o~Le NeOe3mott, lemre~ After :tavoRf. g&t&on &nd. Lampootl~ tho Board f&ndm that btm 30' I 440 ~. offset ~, ~ ~m ~aXbX ~ h b . X. TMt ~upXloan~ ohi]~ be ~tm~ted to · 64' x 30' mtdLtton, ~z MONUMENT .SURVEY FOR "'~0 tv-, I~ ~' . · H-Fj;~':.-.-.: -'""¥"'~ ....... ,-,,-, c- r~ra~r- MATTITUCK TOWN OF SOUTHOLD SUFF. CO., N.Y. GUARANTEED TO, SOUTHOLD SAVINGS BANK - SCALE, I~"= 40" SECURITY TITLE B GUARANTY CO. DI=C..17, 1969 ' ROFE$$1ONAL EN~'IN~R AND · . LAND SURVEYORrN,~. LIC. NO. 1284~ · I~J, VERH£AO! kl.y. , ~ ._ _ ac~m~ OF THZ zo,~u~o ~o~.r~ VF (wOuld not) and ~re, it was further detmmlfned that the ~'quested varlnnce ( ) be granted ( ) be denied and that th~r~viotts de~islo~s of the Building Inspector ( ) be co~.firmed ( ) be revised. FORM ZB4 SURVEY FOR HENRIETTA DRAKE ~ RICHARD E. DRAKE MATTITUCK TOWN-OF SOUTHOLD SUFF. CO., N.Y. GUARAMTI[I~'D *TO, ~CALE, I~' - DEC. 17, 1969 PROFESSIONAL ENGIk[EER ANO !.AND SURVEYOR~.#,Y~ LIP-.. NO. i2.~45 at a meetill~ Of tlxe ~ I~xl o[ Appeal~ ~n ( ) P, equ~t f~ a special ex~ytion (X) P, equ~s~ for a variau~ to the Zm~ing ( ) 1. SPECIAL EXCEPTION. By resolution of the B~ard it was determined that a ~ exception ( ) be aranted ( ) be denied pursuant to Article ............... Section .................... Subsection ................. paragraph .................... of the Zoning Ordinance an~ the d~-~*lo*i o! the Building Inspector ( ) be reversed ( ) be (b) The hardship created (is) (b not) unique and (wo~ld) (would not) be shared by all propertle~ alike in the immediate ~ieinity o~ this properi7 ami in the*same uae dlstldct because (e) The variance (doe~) (does not) obse~e the spirit of the Ordinance and (would) eha~e the character o~ the district because (would not) FORM ZB4 ZONING BOARD OF APPEAL~ ACTION OF THE ZONING BO.~RD OF A~?EALS Appeal No, 3260 mp-~a~lon Dated June 18, 1984 (Pub]it Hearing July 26, TO~ 5~r, David E. Kapell as agent f~r An JOHN GiANNAR.~S AND OTH£RS (Hellenic Cabins) 400 Front Street '~r6e6~ort, NY I!944 At a Meetin~ of thc Z~nin9 Board of Appeals held on ~he above appeal was considered, and the acaion indi~v on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 250-a [ ] Requesu for Special Exception under the Zoning Ordinance Article , Section [×] Reques0 for Variance ~o the Zoning Ordinance Article XI , Section [ ] RequesE for Upon appl~cation of JOHN GIAN~RtS AND OTHERS, Dy Fron~ S~reet, Greenpor~, NY fo~a~ ~c the Zoning Crdinance~ Article,XI, Sectio~ lO0-112(H) for sermiss]on ~o use adjsc~n~ easaer'y ~remisesrof,the V~llage of Greenpnrt of .765 acreage for ~arK~n~ acces- sory ~o ~e snack bar use exiszing on ~ne oarce] presentl. the applicants also located at ~ne nor~n side of l~ain Roan ~asz ~!arien; County Tax Map Parcel No. 1000-35-2-14 ann No. 1000-3~-2-1£.-= Plan nevised.5/4/84 and 5~30~84(further amended $/9/84). 'The'beara maGe the follow~ng f~nding$ and ~eterm~na~ This is a~ appeal from ~me June 15, 1984 ~<otice o~ Disanprova~ ~rom Iecated i~ the "A-Residential an~ ~gricultural~ Zoning Dis_-icc. fr~ine re~entl9 revised 8/9/84, preparen ny Kontoko$~..' ~ Associates~ S~ce cqe C. oncerns %,~tb the ingress proposed by applicant ~s custora~-s Mat.tar of JOHN GIANNARtS~ ET AL. (Hell'enic snack Bar/¥illage o'f Greenport) Decision Render,~d Septgmber 13, 1984 The. board members are each familiar with tile sites in question as well as the surrounding area. It is also noted for the record ti~at the Planning Board has gra~ed conditional approval at its September:tO 1984 Meeting of the 8/9/84 Amended Site Plan, which has been aade a ~Jrt of this file. The Village of Greenport ten-year lease agreement has also been made part of this file. N~w~ therefore, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was ; RESOLVED, that Appeal No. 3260, in the matter of JOHN G!ANN/~RiS, ET AL. for!paraission to build parking lot accessory to the Hellenic Snack Bar; BE AND HEREBY IS APPROVED SDBJECT TO THE FOLLOWING: 1. Extgnsion road or drive from rear of snack bar/restaurant be fenced along both sides with chainlink or split rail not to exceed four-feet in height (as a safety precaution); 2. A barrigr be erected across the front of~ existing parking area at front of snack bar/restaurant approximately three feet inside front property line to eliminate parking in fro~;t of existing snack bar (~ith or withou't proposed improvements to building) and more particular depic.ted on survey marked in red ink initialed by the Chairman g-13-84; 3. The recommendation to eliminate existing ingress between snack bar and subject parking let by moving the ingress further to the east of said parking lot; 4. ThJt the words "NO PARKING" be painted in the gutter area along the street pavement at the egress and ingress areas. LocQ~tion of Property: North Side of Main Road, East Marion, NY; County TaxiMap Parcels No. 1000-35-2-i4 and No. 1000-35-2-1B.1. vote of ~he Board: Ayes: ~lessrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki This resolution was adopted by unanimous vote of all the members. lk September 18, lgB.4~~ 16g Roanoke Avenue Riverhe~d, New York, 11901 6~1-208-9003 Fax 031-20~.08 From: ~"Carolyn McPhers% Betty Deist, Mari~ end Susan Lewis Phone: Date: I ~ ~ \ -- 0 ~ Re," CC: F'I Unjeflt E~ For Review [] Please Comment ~ Please Reply [3 Please Recycle s Comments: DECISION 2000 REAL ESTATE SERVICES INC. ~ \l lq( {1 17 02/ ('w,t~er's PoliQ. (v, ith NY. Endorsement) lh'op~,,ed h/,u~'cd: Prcliminarb litlc Report ( ) /',I.IA ( I 0-17-92) Ix)an Policy (with N. Y. Endor.sement) S Ibc c.tatc or interest in the land described or reIbrred to in this certificate and covered herein litlc to said estate or interest in said land at the efibctive date hereof is vested in: PARCEI~ 1: 1 i 773 cp 474 made by John W. Boulchcr and Alice Pantalco. as I)ex, isees or'the And DEIRDRE M. MOONEY by d~ed dated April 15~ 199~ recorded May 21~ 199~ cp 885 made by Hdcn An~da Lucas -CONTINUED- I)I~]CISION 2000 REAL I~2SI'A FE SI(R¥1CIL'-; iN(!. KIERNAN MOONI'Y AN1) BRI~NDAN MO()NEY -,0, 2004 in Libcr 12340 cp _,_4 made b,, Maurcen M. PARCEL 3: MAUREEN M. MOONI(Y by deed dated January 17. ]990 recorded X, pri! cp 576 made by I.G. Super Exchange Corp. MAUREEN M. MOONEY by dccd dated March 25. 1991 recorded May 2t. !993 cp 42 made bv Daniel C. Moonev. MAt:REIgN M. MOONEY b> dccd dated January 17. igvtJ rcco:dcd cp 580 made by I'. G. Super Exchange Corp. The land referred to in this certificate is described as follows: Repre,wnlin~z ('hica,~o TH/e /;Buruncc ('o;;~p~ml DECISION 2000 RI{AL I{S I'/VI'N SI{RVI('I~S IN(?. S,.}I[D~ I1 ,\CON]IN'[:I l) Bcainnin~ . at a point on the northv, csterb, side ora righl of way xx ¢ re th ? ~ame ~s' ~n~,yt-R'cted bx the southxxcsterlx, side of land noxx or Ibrnacrh of Paul l.ucas and l leon Angda Luc h: ~, 'u' po'hr bcilm Running thence from said pohnl or place of beginning along thc ~ ortnxxestcrlx, side of said right of way South 48 degrees 00 minutes 00 seconds West-72.88 l~ct to thc northcastcrlx side of land no~ or lbrmerly of J. Margaret M. Lyons and Veronica Shcppard: Thence along said last mcmioned land. North 57 degrees 51 I11hlLIleS 4!} SCCoIIds \X' ~t' 14Z.88" ' ' feel to '{hencc along said las! menliol~ed I:md. North 45 degrees I8 minmes 50 ~cccnds Hast 72.00 lbct to linc mentioned: and l'ogether x,,ith a right oF v,a} Rw access bcmeen said prelmscs and the Main Road. said right of x~a} Beginning at a COllCrclc nlOllunlenl~ al the southeasterly cornel' oF land now or fornlerlx o.f' Paul Lucas and 11elen Angela Lucas: Running thence from said point or place of beginning, South 48 degrees 00 minutes 00 seconds West. 655.16 feet: Thence North 57 degrees 40 minutes 40 seconds West. 154.94 feet alone said land noxx or formerly of Margaret M. Lyons and Veronica Shcppard to a concrete monunqent and the easterlx side of said 25 foot right of xxay. Said 25 foot right nf xxat} thence running bctv,'ccn lands nov, or l:om~crlv of I)ECISION 2000 REAl, lis IA I'E SI.]~,VICES; IN('. PARCEl. 2: that certain plot. picts or parcel of land. simale, b:in,z md COtlllty Of Suflblk and Slate of Nsw York being more particuJarl} bounded and dcscri/~cd as Beginning at a concrete monun~ent on the northerly side of a 33 lbot Riahr of \Var at the southsasl corner of the premises herein described adjoining l~nd now or tbnnerly~ol'John x,~,. Boutcher: said monument being South 48 degrees 00 minutes 00 seconds \Vest. 147.88 fL'et as measured along Ills noriherly side of said Right of Way Ii'om a concrete nlollulll~_,nl marking its easterly terminus: Runnin~ ~.hencc frnm said monLiment and place of N.._L,ni,.~ ahrn~ thc .... \Vay. South 48 degrees 00 minutes 00 seconds \\'cst 145.28 l~:ct to land no,x or Ibrmsrin of Six Kings. I.LC: I'hencc along said land of Six Kinus LL(. North 58 dc2,-, cs 06 minutes 3~ ..econds \Vest 142 (,0 ' to landnoxx orl'ormcrlx l'.(i.,'qupsrlxcllan?('orp.: thence along lands oI'l. G. Y, upcr Exchange Corp. thc Ibii[ xn~5 a cc c L ~,,z.~ aLd distapccs' North 46 degrees 45 minutes 00 sccunds East 12.10 ibct: 3) North 45 dcm'ecs 18 minutes Thence along said other lands no\,. or lbrmerh, Dcidre M. Mo(mc}. St uth 57 degrees 51 minutes 40 seconds East 142.88 feet to the point or place of Bcginning. For Infbrmation Only: District 1000 Section 122.00 Block 03.00 Lot 017.000 -SClll{i)[iI.E A CONIIN[iIj[)- Reprcxenlin,k~ ('hica2o 771/e/nvw'am'e ( ' m/cra', I)I~iCISI()N 2000 ltl{Al, I~iS I'ATli SI{RVICI~S IN('. Running thence l¥om said point or place (/1' beginning along the southeasterl) side of Main Road (N.Y.S. Rte 25) the following lxxo courses and distainccs: North 46 degrees 45 minutes 00 seconds Hast 89.04 l'cct: 'l hence along said last mcmioncd !and. 5iOtllh 54 degrees ] 3 l~linult, yq 50 scc<',11¢15 ]a-,I ] 07 ( q l'co(: {hc]lCC 5, OLllJ14D ..... ' -; , ' D , Kings. 1.1.C first nboxc mentioned: for h'Abrnlation Onlx: District 1000 Section 122.00 Block 03.00 Lot 005.001 -N( IIIDL, LI~ ,,\ CON lint DECISION 2000 REAl, EST:VIE SERVICES INC. P \R('I I 4: hllCl'SCctcd b\ land no\~, O1' ~OI'I]B2rI\ of\lan ~.(~al'dn,.:~' ' uu' ])ohii o~ 131acc " distant 761.83 l~e~ more nr Jess northeasterly as measured alon~ thc soLnheasted) side of Main Road (N.Y.S. Rte 25) l}'om thc corner lbnncd b)thc intcrscctbn ol il~c casted} side of Running thence fi'om said point or place of beginning ah~ng land no,,', or formerl} of/klan A. Cardinale. South 57 degrees 5 } minutes 40 second~ East 2c 0 (}0 feet 1o land nov, or fom~crh of Paul Lucas and Angela Lucas: Thence along said last mentioncd land. South 45 degree< ! 8 minutos 50 seconds \Vest 75.00 i'cct: Road {N.Y.S. Rte 25): 1 hence along thc southcastcrl.x side of 5.1ain Road/N.'Y ~ seconds East 62. l I lk'd lo the point or place nt' Eot information Onis: District It\)() >;cc\Jun l_'Z{m [~ ,,_~, ~ 4 i)t) lot uu2.0uu CHICAGO TITLE INSURANCE COMPANY SCHEDULE B I. BLANKET POLICY If the application is for insurance under a master of blanket policy all of the following items under this Schedule B will be excepted from coverage in the Certificate of Title Insurance to be issued hereon un,ess disposed of to the satisfaction of the Company on or prior to closing I1. IDENTITY PARTIES The identity of parties at the closing of this title should be established to the satisfaction of the closer 'CECT~ON 13 c~= LIEN L.~W Deeds and mortgages must contain the covenant required by Section 13 of the Lien Law and such coven~m must be absolute and not conditional. The covenant is not required in deeds from referees or other persons appointed by a court for the sole purpose of selling property. IV. ASSIGNMENT OF MORTGAGE OR OTHER LIENS When the transaction is an assignment of a mortgage or other lien, an estoppel certificate executed by the owner of the fee and by the holders of all subsequent encumbrances must be obtained. When the transaction is a mortgage, the amount actually advanced should be reported to the Company. V. MATTERS AFTER EFFECTIVE DATE OF CERTIFICATE Defects, liens, encumbrances, adverse claims or other h~atters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by the Certificate. VI. CORPORATE GRANTOR If the present transaction consists in whole or in part of a conveyance or lease by a corporate grantor or lessor, there must be compliance with Section 909 of the Business Corporation Law. We will require the written consent to such conveyance or lease by all of the holders of the outstanding shares of the said corporation and the instrument on closing should so recite. In lieu thereof the consent of the holders of two-thirds of all of the outstanding shares entitled to vote thereon obtained at a meeting duly noticed and called for the purpose of obtaining such consent in the manner provided for in Section 605 of the Business Corporation Law is required and the instrument on closing should so recite. If neither of the above is obtained, then, the proofs, showing the basis upon which t~e co~veyanc~ o~ lease is to be made must be submitted to counsel prior to closing. VII, CORPORATE MORTGAGOR If the present transaction consists in whole or in part of the making of a new mortgage there must be compliance with Section 911 of the Business Corporation Law. We will require a certified copy of the resolution of the board of directors of any corporate mortgagor authorizing the making of said mortgage. Proof must also be shown that the consent of stockholders of the mortgagor corporation is not required by its certificate of incorporation or amendments thereto for the making of said mortgage. The mortgage should contain a recital showing that it was made and executed pursuant to the resolution of the board of directors of the mortgagor. VIII. CONTRACT If this certificate requires a conveyance of the fee estate and the contract therefor has not been submitteq to the Company, it should be furnished for consideration prior to closing. IX. PROOF OF NO OTHER NAME Proof is required to show that the persons certified as owners herein have not been known by any other name in the 10 years last past. If they have been known by another name, all seamhes must be amended and run against such name and title is subject to returns, if any, on such amended seamhes. X. PERSONAL PROPERTY Title to any personal property, whether the same be attached to or used in connection with the premises. (The policy to be issued will contain an exception as to this item without change or modification). Xl. MARKETVALUE ENDORSEMENT Section 6409(c) of the insurance Law requires that title companies offer, at or prior to closing, an optional consisting of not more than four dwelling units, for loss in excess of the purchase price (poticy stated amount of liability) and up to the future market value of the property. If you do not wish this additional optional coverage, you must waive the same by signing in the space following this notice. Reorder Form No. 10885 DECISION 2000 REAL ESTATE SERVICES INC. SCIIED[rll B I Jclldcl s IIOV~ bil\ c Ibc mollgagc instruulcnt, stating thai Ibc debt x~ ill bccon/c d[lc and payable at thc eprom of Ibc mortgagee I) I~dgbts of proscm tenants or persons in possession. l,igbt Company Agreement in Liber3515cp 11 (as to Parcel 1). Right of Way in Iiber4337cp 279 (as to Parcel 2). Righl of Way in Libor 3140 cp 167 (as tn Parcel 3). Lilco A:rccmcnt ill I.ihcr ~515 cp 0I (as to Parccl 4). Survey by Nathan Taft Corwin Ill dated 7/12/06 redated 6/27/07 shows a I stor) stucco building and 1 story metal building, concrctc condenser, ice cooler, concrete steps, concrete area. oil tank. concrete walk and sign on concrete pad. Sboxxs a 1 1/2 story t~ame building with roof oxer wood l:mding, xx<x}d steps, concrete stoop and steps, bollard and air conditioner milt. Shoxxs a 1 aod 2 sa)r) fi'amc building, chimney, brick walk, roof over brick stoop, cellar entrance and brick stoop und >top>. Ih'amc shed. propane tank, xxood bin in disrepair which arc cncloscd bx ibncc. Mcmi storage comaincr with concrete pad encroaches an undetermined distance southx~est of southwesl record linc. Asphah paxement aod driveway, which asphalt pavement extends southwest of southwest record lines. Ice storage box encroaches up to 1.5 feet southwest of southx~est record li~w. N!,o qhoxxs ! $1Ol'X ~'amc house with xxood deck. cellar elto'anco, roofovex ,z,uwre~e stoop. air coudiiioncr unit and metal shod. Satellite disln, oil fill cap and dirt drixcxxax ~uqd drivcxxax xxhich extended unto Joho's Road. Also shows a 1 story t~amc building, brick stoop and steps. guy xsire and din drivex~ay encroaching onto Main Road. Overhead service wires, v, ire tbncc and lbnce coclosure with gate behind icc storage box, xxhich extends southwest of southx~es/ record line. No encroachments. Policy will except any changes since the date thereofi (As to Parcel 1) Proof is required to show that the person executing deed or mortgage at closing is the same person(s) as the grantee(s) in deed Liber 11773 cp 474 and Liber 11774 cp 885~ lhe deed to the certified owner herein. (As to Parcel 2) Proof is reqnircd to show that the person executing deed or mortgage at closing is thc same person(s) as thc grantee(s) in deed Liber 12340 cp 323 and Liber 1~,40 cp _~24, tile deed to the certified owner herein. Rel~'cvcnlin,q ('hicr(t,o T/l[e /~?.~lm~mcc ( '' VI 'E' DECISION 2000REAEESTATESER (..SIN(. (As to Parcel 3} Protd' is rcquh'cd lo shoxx lhat t]~c person cxcc~lJn2 deed or mortgage at closin~ is the same persoms~ as the grantcds) in deed libor !1057 cp ?6. liber [1630 cD 42 and libor Survey recited herein musl bc guaranteed to this ('ompan5 a: or prior lo closing or polio5 xxill except any state of facts an accurate survc) x~otdd shoxx as xxcl', xs thc exact location of thc mctc~ and bounds description and the accura% of the courses and distances., the deed to thc cot'lifted O\',, HCF }lei'ell1. Note: If an overall description is needed please advise. Except rights of the utility company to operate and maintain overhead ',~ires shown crossing premises on survcx herein. 10. I'his is an abstract of title xxilhout insurance ofx~hich no part is zuaranteed. ]f, aade[' -,:..' -,.-. I . .'- o~rpO~&%lon, ~ tha% h? , O~ tl~ ~ day of ~3 ~ , one thousand hine~undred' ~d' ~CT 2 6 RD OF ~ / OF AIpPE LICENSED 'L-')~ND ~"U[~VEg' - N.¥, $?AT£ LICENS. E NO. -~IV~MEA.~,. N:V, , OCT 2007 08/04/2016 04:03 F.~X ~004 O~T2~ ~7 e~letl~ ~r ~d.by ~irtue of t~ ~v~ ~-~'.. ,, :':.,, .', , ?~. ~ /4_._~ ' ._ .th~ ~ope~ ~er heroin ~s ~he o~*r[ln, f~ . · iT ~i~tain e~4 at its ,~um of one Dollar ($1o00) b~ :.~ereb~ee as ~t , ~ ~emov~ ~i~le llpes of p~l~s lno~ud- lng so many pokes ~:d such ercss-ar~s.] guys. ~%ubs. ~e main%e~',~e of ~lectric sidle.pole diB%ribu~i~n lines~ "%0 ~c~n~t, recc~St~c%, relocate, opera%e,~e~ir, main~ai~, ' ~at ~s pieaS~e remove ~dergro~d ele~ric aeoes~ ~-holes and acce~c~ries' for. the ~d albng'the follo~i~g: -~- '~ ,~.:-~. .'.. sint of '$eglnn -n'e~thes,% t e fly _ here2n ~with -She eouthea ~t~ ~.k N~mln. Ro.~d: ~id; point.of. be~l ~ t~e ~ tour ' (3.) South 57 -- ~ ~t Minutes ~ S~cnds E ' . · : · ~1~6~' the ~ {sterl~ bo~d~ ~he o : ,' :'-/~',-~', ('2).South kS,Dec, es O0 Minutes ,West fo~'a '" , · . -- dis~ad~e o'~ lOgO'feet mo~e'0~ .,~' p~a!lel wi$~ and dlst~n~ ~.0 f~e~ '~c -" j'~' d wes~rty ~ro~,eou~e n~bere'd.'(1)' .: '~'.T ,',. to a. uolnt'.i~'the..,ou~ly side line 'i¸ ~3I%~S ~d,~%00~' ~d agreed that the Li~%lng ~t 'to at~ %o the trees on ~l~ suppo~s'as the ~id pro~r~F .l%~-~ooossqrS ~d~ ~o r!~t %o ~pe~it ~f o~e'~blio utilit~ oo~iea ~d to cony ~oh ~thor oo~ies' '~ ~fl~eros% i~ tho ri~ts.gr~ted ~dSr thi~ ~d~.stOok.~d n'ot hX~r %~ the ~i~%l~ Co~7 · om-.tl~e' ~$ ti~e~dee~ heoessa~ ~o ~operl7 operate ~nd .' ~ta~ it~.w~~ ~bles ~d f'~ures.:~o provide ~c~ o~.es~ now or ~reaf~er,be provided rot b7 .'~e pol~s,'oross~; ~Fs~ anchor~, cables: ~hoies ~ oth~r~aP~rat~,as fr°m'tim~t°O~Ime ~ed ~d ~i~ne~ bT the ~i~%~ ~. ~ ~e~in' the'.propert~'~d s~Ject [%o the : assl' '~ fo~ve~, .cZarist all la~l. claims, . and de~nds. ~emon%' ~11 at all times be " one thou~ nine ~h~uldr~ S,ar~,! did d~po~e ~'~saY'~%' ~e resides ' ' ~- ; %hat he Is the ' "- described in ~d ~h'leh exe~u~pd tho f rogol~ he~o~the ~ealof ~at8 oorporatio~; ~t~e a~ai o~der ~f %h~.B~of- . , :: ~of ~td a~arat!~, and <:> -:._f.' at.ed h~. ~e therg%o by like order;. '~:' . ~. '["':"- ';" CO~ OF N~SAU men%'-t~t ~h~ovs %he. eel,of said co~oFation; ~1 t~ '; ' "J; o~der of th- ~d-of Dlrectori- of'said'corporation, ~d ~hat :S CA LE; : liN,': 60F7: 1 '.OCT .2 n 200~ I AL~ :~l r. -','L.'. I 1 L,.JE:::)~O N .S F'¥-F_ ~L / ! I I I I / / \ ,. \ \ / / I I I I / / / / / I / / / / / / /, ~/ / / x. / / / / / / / / / 200' RADIUS MAP SITUATE MATTITUCK TOWN OF' SOUTHOLD SUFFOLK S.C. TAX S.C. TAX S.O. TAX S.O. TAX COUNTY, NEW YORK No. 1000-122-03-1.2 No. 1000-122-03-02 No. 1000-122-03-5.1 No. 1000-122-03-17 SCALE 1"=30' JULY 12, 2006 NOTES: DECEMBER 22, 2006 ADDED SITE PLAN JUNE 27, 2007 ADDED TOPOGRAPHICAL SURVEY AUGUST 27, 2007 ADDED SITE PLAN OCTOBER 19, 2007 ADDED DRAINAGE ~ SEWER JANUARY 24, 2008 REVISED AS PER NYSDOT LETTER FEBRUARY 29, 2008 REVISED SITE PLAN APRIL 2, 2008 REVISED SITE PLAN AREA DATA 1000-122-03-1.2 0.233 ac. S.C. TAX No. 15,346 sq. ft. 1000-122-05-02 0.806 ac. S.C. TAX No. 40,618 sq. ff. 1000-122-08-5.1 0.952 ac. S.C. TAX No. 20,058 sq. fi. 1000-122-08-17 0.460 ac. TOTAL 84,142 sq. ff. 1.951 ac. 1. ELEVATIONS ARE REFERENCED TO N,G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: ~ FFL - ERST FLOOR 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36105C0481 G ZONE X*: AREAS OF 500-YEAR FLOOD; AREAS OF IO0-YEAR FLOOD WITH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM IO0-YEAR FLOOD. ZONE X: AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN. TEST HOLE DATA (TEST HOLE DUG BY ~ ON JUNE 8, 2007) CERTIFIED TO: CHICAGO TITLE INSURANCE COMPANY HSBC MORTGAGE CORP, (U,S,A.) KIERNAN MOONEY BRENDAN MOONEY 17' LOT OWNERSHIP DATA S.C. TAX No. OWNERS NAME &: ADDRESS END OF THE ROAD LLC 1000-1,82-08-1.2 PO 80X 751 EAST MARION, NY 11959 ALAN CARDINALE 1000-122-03-1.4 PO BOX 77 MATTITUCK, NY 11952 END OF THE ROAD LLC 1000-12£-05-02. PO BOX 751 EAST MARION. NY 11959 END OF THE ROAD LLC 1000-12.£-03-5.1 PO BOX 751 EAST MARION, NY 11959 SIX KINGS, LLC 1000-128-03-06 2290 DEEP HOLE ROAD MATTITUCK, NY 11952 240 LAND CO., LLC 1000-12.2-03-07 240 JERICHO TURNPIKE SYOSEET, NY 11791 MAYNARD PALMER 1000-122.-03-16 PO BOX 651 MATTITUCK, NY 11952 END OF THE ROAD LLC 1000-1£2.-03-1'7 PO BOX 751 EAST MARION, NY 11959 STEPHANIE RUGGLES & KEVIN BEASLEY 1000-122-03-18 PO 90X 852 MATTITUCK, NY 11952 DONIELLE CARDINALE MCKINNON 1000-122-03-19 1 JAMES CREEK LANDING MATTITUCK, NY 11952 ROY A. AND JOANNE K. 8CHLE~N 1000-122-03-20 PO BOX 1498 SOUTHOLD, NY 11971 ZDZISLAW AND STEFANIE MIKOLAJCZYK 1000-12.2-03-2.1 501 KELL AVENUE STATEN ISLAND, NY 10514 FRANK AND ROSEMARIE MILOWSKI 1000-122-03-22. PO BOX 456 MATTITUCK, NY 11952 JAMES AND CHRISTINA ROACHE 1000-122-03-23 PO BOX 510 MATTITUCK, NY 11952 EDWARD AND BEATRICE SAWICKI 1000-141~04-39.1 PO BOX 411 MATTITUCK, NY 11952 MARK AND JILL DESAHTIS 1000-141-04-39~3 11575 MAIN ROAD MATTITUCK, NY 11952 DONALD AND PATRICIA FELLER 1000-141-04-40 100 OLD LULIE LANE MATTITUCK, NY 11952 ANDREW C. FOHRKOLB 1000-141-04-41 PO BOX 106 MATTITUCK, NY 11952 JOHN F. DEREEDER 1000-141-04-42 PO BOX 1522 MATTITUCK, NY 11952 FRANCIS AND CHRYSTYNA KESTLER 1000-142-02~16 40 WEST MORELAND DRIVE SHELTER ISLAND HEIGHTS, NY 11965 PWK ENTERPRISES, INC. 1000-142-02-1~ ATTENTION: PETER KOPKE 5000 MARCUS AVENUE LAKE SUCCESS, NY 11042 LINWOOD R. WOODHULL 1000-142-02-18 PO BOX 256 MATTITUCK, NY 11952 Lic. No. 50467 THE EXISTENCE OF EIGHT OF WAYS AND/OR EASEMENTS OF REDORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. Nathan Taft Corwin III Land Surveyor PHONE (6;~1)727-2090 Fox (651)727-1727 24-255F2 SUBJECT PREMISES KEY MAP SCALE 1"=600' / / / TYPE PLANTING DATA SIZE QUANTITY  SUGAR MAPLE 2-1/2" - 5 1/2" (ACER GCCHARUId) 7 EASTERN RED CEDAR CE} (JUNIPERUS VIRGINIANA) S"-O" - S'-O" 101 · S*-O' O.C, MIN, HIGH HICK'S YEW 12'-0" - 16'-0" (TAXUS MEDIA HICKS) 109 ANDORRA JUNIPER (JUNIPERUS 12" - 16" 111 e HORIZONTALIS PLUMOSA) DIA. SEARBERRY · · (ARCTOSTAPHYLOS UVAIURSl) 12" (APPROX.) 76 · 2'-0" O.C. MiN. DIA. GROUND COVER BY PACHYSANDRA (PASCBYSANDRA TERMINALIS) / / / / / / / / / / / / / / / / / / / / / / / / o / / / / / / / O / \ / x~ / / X STAKED TREE AND BALL ROOT COVERING DETAIL (~ot t0 sca_~ (not to sca-le) SITE DATA: TOTAL LOT AREA 'GA.142 SG, FT. TOTAL ASPHALT PARKING AREA. '41.540 SQ. PT, TOTAL SIDEWALK AREA 2,500 SG, FT. TOTAL LANDSCAPED AHEA I ROAD ACCESS AND PEDESTRIAN WAYS MINIMUM SIDE YARD PERMITTED 25' PROVIDED SIDE YARD 17.A" MINIMUM TOTAL SIDE YARD PSRMITFEO 50' PROVIDED TOTAL SIDE YARD 'SO.9' TEST HOLE DATA (TEST HOLE DUG BY ~ ON JUNE 8, 2007) SITE PLAN & PLANTING PLAN DESIGN James V. DeLucca R.A. SUFFOLK S.C. TAX S.C. TAX S.C. TAX S.C. TAX REVISED SITE PLAN LANDSCAPING PLAN SITUA TED A T MATTITUCK TOWN OF SOUTHOLD COUNTY, NEW YORK No. 1000-122-03-1.2 No. 1000-122-05-02 No. 1000-122-05-5.1 No. 1000-122-03-17 " 20' SCALE 1 = JULY 12, 2006 DECEMBER 22, 2006 ADDED SITE PLAN JUNE 27, 2007 ADDED TOPOGRAPHICAL SURVEY AUGUST 27, 2007 ADDED SITE PLAN OCTOBER 19, 2007 ADDED DRAINAGE & SEWER JANUARY 2~, 200S REVISED AS PER NYSDOT LETTER FEBRUARY 20, 200S REVISED SITE PLAN APRIL 2, 2008 REVISED SITE PlaN APRIL 9, 200S REVISED SITE PLAN AREA DATA S.C. TAX No. 10,140 sq. fi. 1000-122-05-1.2 0,233 ac, S.C. TAX No. 15,346 sq. ff. 1000-122-03-02 0.506 Dc. S.C. TAX No. 40.618 sq. ff. 1000-122-03-5.1 0.952 ac. S.C. TAX No. 20,058 aq. ff. 1000-122-03-17 0,460 ae. TOTAL 84,142 aq. ff. 1,931 ac, NOTES: 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: ~ F FL -- REST FLOOR 2. FLOOD ZONE INFORMATION TAKEN FROM= FLOOD INSURANCE RATE MAP No. 36103C0481 G ZONE X*: AREAS OF 500-YEAR FLOOD; AREAS OF IO0-YEAR FLOOD WITH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM IO0-YEAR FLOOD. ZONE X: AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAtN. 5. SEPTIC SYSTEM STRUCTURES SHOWN:  PROPOSED EXPANSION POOL Q PROPOSED LEACHING POOL (~ PROPOSED SEPTIC TANK 4. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD O~SERVATIONS AND/DR DATA OBTAINED FROM OTHERS. 5. PROPOSED TOTAL BUILDING COVERAGE = 9,289 sq. ff. OR 11~; OF LOT AREA (EXCLUDING ROOF OVERHANGS) 5. PROPOSED TOTAL IMPERVIOUS AREA = 55,500 Gq, ft. OR 65,96% OF LOT AREA (INCLUDING ALL BUILDINGS, BUILDING OVERHANGS, SIDEWALKS AND ASPHALT PAVEMENT 6.TOTAL LANDSCAPING AREA = 28,642 sq. ff, OR 34.04% OF LOT AREA (INCLUDING BUFFER AREA) 7.EXISTING SEPTIC SYSTEM STRUCTURES SHALL BE PUMPED CLEAN AND REMOVED IN ACCORDANCE WITH S.C.D.H.S~ STANDARDS. LEGEND: T.C. - TOP OF CURS ELEVATION 12.S' EXCEPT AS NOTED ON DRAWING T.A, - TOP OF ASPHALT ELEVATION 12.0' EXCEPT AS NOTED ON DRAWING T.G. - TOP OF DRAINAOE INLET ELEVATION 11.5' T,W. - TOP OF RETAINING WALL ELEVATION 12.5' TYP. [] - A/C CONDENSER UNITS ~7 _ PROVIDED PARKING STALLS - SANKED PARKING STALLS I- DRIVE UP WINDOW STACKING PARKING STALLS PARKING TOTAL BUILDING AREA TOTAL BUILDING AREA MINUS REST ROOMS, STAIRS. UTILITy ROOMS, HALLS, ELEVATOR & WALLS AREA USED FOR PARKING RANK BUILDING AREA USED FOR PARKING OFFICE BUILDINS PARKING REQUIRED BUILDING AREA · ONE STALL PER 100 .q, fi, OF FLOOR AREA PARKING REQUIRED FOR TOTAL S5 STALLS BUILDINO AREA MINUS REST ROOMS, STAIRS, UTILITY ROOMS~ HALLS, WALLS lc ELEVATOR W ONE STALL FOR 100 iq, fl, OF FLOOR AREA PARKING REQUIRED FOR -- 25,59 STALLS BANK SUILDING 2,S59/100 PARKING REQUIRED FOR -- S1,22 STALLS OFFICE SUILDING 6~122/100 TOTAL PARKING REQUIRED -- 95 STALLS PARKING STALLS PROVIDED 79 STALLS BANKED PARKING 7 STALLS TOTAL PARKING (PROVIDED & BANKED)- B6 STALLS REQUIREMENTS 15,547 sq, ff. 8.481 sq. ff. --2,359 Iq. ft. Nathan Taft Corwin III Land Surveyor PHONE (631)727-2090 Fax (631)727-1727 E4-E55r I_UCC~ ~ F l I q ........ tJ ur' 2 °~2 E LEVMT \ oN _-4 REAR. E LEX/AT \ Olxl F~R,O NT ELEVMT / 0 l'-..l MAY -J ,V, ~ 21¸ Si "T"r' t ~ C,. / / Ij 5F3 2 ~ " _I ,q 2 0 I2.5 25 50 75 100 ~~ Feet inch equals 25 feet I I $\ DE, F__LEVFT ON¸ 5tbb E..LE',,/MT tOtxl Ff:~ON"FEL.E. VM-T' t Otq ~m AG I KEY MAP " 600' SCALE 1 = ? / / / 4 / TEST HOLE DATA (TEST HOLE DUG BY McO GE I NC ON JUNE 8, 2007) 17' X77 ×65 SUFFOLK S.C. TAX S.C. TAX S.C. TAX S.C. TAX ~ 21 200? OARD O~ AppEALS SITE PLAN SITUA T£D A T MATTITUCK TOWN OF SOUTHOLD COUNTY, NEW YORK No. ~ 000-122-05-] .2 No. ~ 000-] 22-05-02 No. ]000-122-05-5.~ No. ] 000-~ 22-05-] 7 SCALE 1"=20' JULY 12, 2006 DECEMBER 22, 2006 ADDED SITE PLAN dUNE 27, 2007 ADDED TOPOGRAPHICAL SURVEY AUGUST 27, 2007 ADDED SITE PLAN AREA DATA S.C. TAX No. 10,140 sq. ft. 1000-122-03-1,2 0.233 ac. S.C. TAX No. 13.346 sq. fl. 1000-122-03-02 0.306 S.C. TAX No. 40,618 sq. ft. 1000-122-03-5.1 0,952 ac. S,C, TAX No. 20,038 sq. 1000-122-03-17 0.460 ~c. TOTAL 84,142 sq. ff. 1.931 ec. / I I I I ,°L t / NOTES: 1. ELEVATIONS ARE REFERENCED TO N.G,V.D. 1929 EXISTING ELEVATIONS ARE SHOWN THUS:~° 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. $6105C0481 ZONE X*: ZONE X: DATUM G AREAS OF 500-YEAR FLOOD; AREAS OF IO0-yEAR FLOOD WITH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM IO0-YEAR FLOOD. AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN. PARKING REQUIRED PARKING PROVIDE LANDSACAPE AREA PROVIDED 93 STALLS 95 STALLS 26,700 sq. ff. OR 31.4% OF LOT AREA SITE PLAN BY: James Vincent De Lucca REGISTERED ARCHITECT THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMeNTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED· N.Y.S. Lic. No. 50467 Nathan Taft Corw n III Land Surveyor Fax (631)727-1727