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HomeMy WebLinkAbout4187 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 4200-SE. ~/~,t~J~t~ ~ ~//g~?-Jz.) Application of JOHN E. ANDRESEN and others as contract vendees. This is a request to amend Special Exception under Article III, Section 100-31B(10) to include new large-animal wing (animal hospital) and other revisions as shown on the site plan map amended September 30, 1993. The original Special Exception plan provided for a one-story, 3,584 sq. ft. building for veterinary office and uses related to the veterinary clinic. The new plan shows a total floor area of 4,598 sq. ft. at one-story height. Location of Property: 1625 Main Road and Franklinville Road West, Laurel, NY; District 1000, Section 127, Block 2, Lot 5.1. The area of this parcel is nonconforming at 59,984 sq. ft. in this R-80 Residential Zone District. WHEREAS, after due notice, a public hearing was held on November 8, 1993, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. By this application, applicants are proposing to amend the Special Exception establishing a new veterinarian office and animal hospital at vacant premises (presently owned by Thomas N. Anshutz, Jr.) and more particularly referred to as 1625 Main Road, Laurel, New York, identified on the Suffolk County Tax Maps as District 1000, Section 127, Block 2, Lot 5.1. The applicants are contract vendees under an executed contract of sale dated June 9, 1993 between John Andresen, Maribeth Andresen, Charles Timpone, Debra Timpone, and the current owner, Thomas N. Anshutz, Jr. (which contract was confirmed to be extcnded to the present time period). Page 2 - Appl. No. 4200-SE as A~,ended Matter of John Andresen and Others Decision Rendered November 8, 1993 2. Article III, Section 100-31B(10) authorizes by approval of the Board of Appeals, (and subject to site plan approval by the Planning Board): ... a veterinarian office and animal hospital, subject to the following requirement: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than one-hundred fifty (150) feet to any lot line... 3. The subject premises consists of a total lot area of 59,984 square feet (1.377 acres) with street frontage along three sides: to the north and west along Franklinville Road West (a/k/a S.H. 8181), and to the south 370+- feet along New York State Highway 25 (a/k/a Main Road). This property is presently vacant and is densely wooded with high, natural berm areas. 4. The applicants have submitted an amended site plan map last revised 9-2-93 prepared by E.S. Kalogeras, P.E. showing an expansion of 1,014 sq. ft. for a proposed one-story animal wing, for a total requested floor area of 4,598 sq. ft. The building is proposed at one-story height, and at a Regular Meeting held October 25, 1993 the applicants received conditional site plan approval from the Town Planning Board subject to certification by the Building Inspector as required by the Southold Town Zoning Code. As of this date, the Building Inspector has not certified the plan, pending the outcome of the final determination on the Amended Special Exception application (which was also filed on October 25, 1993). 5. The plans before the Board indicate that the existing natural wooded areas and high elevations (berms up to 28 ft. high) along the southerly and westerly yard areas will remain undisturbed. The principal building, as proposed and shown on this new plan, for the veterinarian office and animal hospital uses is shown to be situated as follows: (a) Setback at 84+- feet from the northerly front property line (the minimum requirement is the same for a principal dwelling structure at 60 feet); (b) Setback at 105 feet from the westerly front property line, at its closest point; (c) Setback at not less than 30 feet in the southerly front property line at its closest points {Note: An appeal fur a relief from this front yard was filed simultaneously with this application - see Appeal No. 4186}. Page 3 - Appl. No. 4200-SE as Amended Matter of John Andresen and Others Decision Rendered November 8, 1993 6. It is noted for record purposes that although the size of this property is nonconforming in this R-80 Residential Zone District, the property is quite suitable and does adequately provide for parking and other site plan elements necessary for this project. Additionally, applicants are satisfied with the characteristics of this parcel and have assured the Town of their intentions to comply with all provisions of the Zoning Code pertaining to this proposed use of the building and screened/buffered areas. 7. In considering this application, the Board also finds and determines: (1) the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the Town; (3) the use is in harmony with and will promote the general purposes and intent of zoning. The Board has also considered subsections (a) through (1) of Article XXVI, Section 100-263 A through F ("standards"), and Section 100-264, A through P ("other considerations"), applicable to special exception reviews. The Board agrees that the use of the building, as proposed herein, meets all standards and conditions prescribed in the Southold Town Zoning Code for such land use. Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT an Amendment under the Special Exception (Special Permit) for a proposed building of 4,600+- square feet with occupancy as a Veterinarian Office and Animal Hospital, as requested and provided by Article III, Section 100-3lB(10) of the Zoning Code, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Medical treatment of animals must be conducted internally, inside the principal building; 2. This use granted under this Special Exception is limited to a"Veterinarian Office and Animal Hospital" Uses within the interior of the principal building. 3. Any future proposal for the outside keeping, breeding, boarding, and/or treating of animals, or similar activity, will require an additional Special Exception application and approval by the Board of Appeals. 4. The applicants shall furnish a final site plan map, approved by the Southold Town Planning Board, for permanent recordkeeping purpeses to the Office of the 5oard of Appeals before commencement of construction activities. as 5. The front yard setbacks from the southerly property Page 4 - Appl. No. 4200-SE as Amended Matter cf John Andresen and Others Decision Rendered November 8, 1993 line along N.Y.S. Route 25 shall not be less than 30 feet. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN APPEALS BOARD MEMBERS. Gerard R Go.ringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 FROM: DATE: SUBJECT: Richard G. Ward, Planning Board Chairman Jerry Goehringer, Zoning Board Chairma~ October 25, 1993 Your Memo Coordinating Amended Site Plan John Andresen and Others - 1000-127-2-5.1 In response to your memo submitting amended map (dated August 3, 1993), this will confirm that a Special Exception application to the Board of Appeals for the amendments adding the large animal wing and other site changes will be required under the Special Exception. A Notice of Disapproval from the Building Inspector is not required for this Special Exception submission. If the application, $400.00 filing fee and supporting documentation are all filed with our office today together with · the amendment map, neighbor notices and proof of mailing, and a copy of the Planning Board's SEQRA determination, we would agree to place it on the November 8, 1993 Regular Meeting calendar for a public hearing. The next hearings calendar is December 8, 1993. Thank you. GG:lk cc: Building Department APPEALS BOARD MEMBERS C~rard P. Goehringer, Chaiman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 17, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Peter S. Danowski, Esq. 616 Roanoke Avenue P.O. Box 779 Riverhead, NY 11901-0779 Re: Appl. No. 4186 & 4187 - John E. Andresen and Others Dear Mr. Danowski: Please find attached for your records a copy of communications received today from the Suffolk County Department of-Planning in response to our referral under the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, county park, waterways, estuary, etc. You will note that the County has left this project for local (Town) determination. Should you have any questions, please feel free to call us. Very truly yours, Linda Kowalski Enclosure DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE HAROLD J. WITHERS. PH.D. DEPUTY DIRECTOR September 13, 1993 Town of Sonthold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Berman, Joan & Roy Andresen, John E. & Others Andresen, John E. & Others 4180 4186 4187SE Very truly yours, Harold J. Withers Deputy Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD August 24, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Peter S. Danowski, Jr., Esq. 616 Roanoke Aenue Riverhead, NY 11901-0779 Re: Appl. Nos. 4186 & 4187 - John E. Andresen and Others CTM #1000-127-2-5.1 at S.R. 25, Laurel Dear Mr. Danowski: Enclosed please find copies of determinations rendered recently by the Board of Appeals concerning the above matters. Please be sure to return to the Building Inspector, Planning Board, County Health Department, and N.Y.S. Department of Transportation for issuance of final permits and approvals before commencing construction activities. We have furnished copies of these determinations to the Building Department and Planning Board for their update and permanent recordkeeping. Also, since this project is located along a highway, copies of both files have been transmitted to the Suffolk County Department of Planning in accordance with the rules and requirements of the Suffolk County Administrative Code pertaining to variance and special exception projects. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department Planning Board Suffolk County Department of Planning APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4187-SE. Application of JOHN E. ANDRESEN and others as contract vendees (Current Owner: Thomas N. Anshutz, Jr.) concerning premises known as 1625 Main Road and Franklinville Road West, Laurel, NY; District 1000, Section 127, Block 2, Lot 5.1, containing 59,984 sq. ft. in this R-80 Residential Zone District, requesting a Special Exception for permission to establish use of proposed building for veterinarian office and animal hospital use in accordance with Article III, Section 100-31B(10) of the Zoning Ordinance. WHEREAS, after due notice, a public hearing was held on August 18, 1993, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. By this application, applicants are proposing to establish a new veterinarian office and animal hospital at vacant premises (presently owned by Thomas N. Anshutz, Jr.) and more particularly referred to as 1625 Main Road, Laurel, New York, identified on the Suffolk County Tax Maps as District 1000, Section 127, Block 2, Lot 5.1. The applicants are contract vendees under an executed contract of sale dated June 9, 1993 between John Andresen, Maribeth Andresen, Charles Timpone, Debra Timpone, and the current owner, Thomas N. Anshutz, Jr. 2. The provisions under which this Special Exception is requested is Article III, Section 100-31B(10) which permits by authority of the Board of Appeals, and subject to site plan approval by the Planning Board, a veterinarian office and animal hospital, subject to the following requirement: ' Pag~ 2 - Appl. No. Matter of John Andresen and Others Decision Rendered August 18, 1993 (a) The housing of all animals shall be in a fully enclosed structure, if nearer than one-hundred fifty (150) feet to any lot line. 3. The subject premises consists of a total lot area of 59,984 square feet (1.377 acres) with street frontage along three sides: to the north and west along Franklinville Road West (a/k/a S.H. 8181), and to the south New York State Highway 25 (a/k/a Main Road). This property is presently vacant and is improved with densely wooded, and high berm areas. 4. The applicants have submitted a site plan map dated July 13, 1993 prepared by E.S. Kalogeras, P.E. for consideration by the Board Members. This plan indicates that the existing natural wooded areas and high elevations (berms up to 28 ft. high) along the southerly and westerly yard areas will remain undisturbed. The principal building within which the veterinarian office and animal hospital uses are to be established is shown to be situated on this parcel as follows: (a) Setback at 73 feet from the northerly front property line (the minimum requirement is the same for a principal dwelling structure at 60 feet); (b) Setback at not less than 60 feet from the westerly front property line, at its closest point; (c) Setback at not less than 30 feet in the southerly front property line at its closest point {Note: An appeal for a relief from this front yard was filed simultaneously with this application - see Appeal No. 4186}. 5. It is noted for record purposes that although the size of this property is nonconforming in this R-80 Residential Zone District, the property is very suitable and adequately provides for the necessary building (floor) area, and the required parking and other site plan elements necessary for this project. Additionally, applicants are satisfied with the characteristics of this parcel and have assured the Town of their intentions to comply with all provisions of the Zoning Code pertaining to this proposed use of the building and land areas. 6. In considering this application, the Board also finds and determines: (1) the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the Town; (3) the use is in harmony with and will promote the general purposes and intent of zoning. The Board · Pag~ 3 - Appl. No. Matter of John Andre-sen and Others Decision Rendered August 18, 1993 has also considered subsections (a) through (1) of Article XXVI, Section 100-263 A through F ("standards") and Section 100-264, A through P ("other considerations"), applicable to special exception reviews. Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT a Special Exception for a Veterinarian office and Animal Hospital Uses, as requested and provided by Article III, Section 100-31B(10) of the Zoning Code, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Medical treatment of animals must be conducted internally, in this principal building; 2. This use granted under this Special Exception is limited to "Veterinarian Office and Animal Hospital" Uses of the applicants-contract vendees, as applied and more particularly reiterated in the hearing record and file, and specifically provided by Section 100-31B(10) of the Southold Town Zoning Code. 3. Any future proposal for the outside keeping, breeding, boarding, and/or treating of animals, or similar activity, will require an additional Special Exception application and approval by the Board of Appeals. 4. The applicants shall furnish a final site plan map, as approved by the Southold Town Planning Board, for permanent recordkeeping purposes to the Office of the Board of Appeals before commencement of construction activities. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD August 18, 1993 (7:30 p.m. Hearings Commenced P re s e n t : HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, HARVEY A. ARNOFF, LINDA KOWALSKI, Member ESQ., Town Attorney Clerk-Assistant to Board ZBA Hearings 29 August 18, 1993 APPLICATION NOS. 4186 and 4187 - DR. JOHN E. ANDRESEN an,! others as contract vendees ~Current Owner: Thomas N. Anshutz, Jr. ) District, concerning premises known as 1625 Main Road and Franklinville Road West, Laurel, NY; District 1000, Section 127, Block 2, Lot 5.'1 containing 59,984 sq. ft. in this R-80 Residential Zone for Appl. No. 4186 - Variance to the Zoning Ordinance, Article III, Section 100-32, Bulk Schedule, for permission to locate principal building with a reduced setback from the southerly (front) property line along the Main Road (S.R. 25); and B) Appl. 'No. 4187 - Special Exception for permission to establish use of proposed building for veterinarian '' office and animal hospital use in accordance with Article III, Section 100-30B(1) of the Zoning Ordinance. 8:08 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: The second from the last, both for Dr. JohnE. Andresen. I will open both the variance and the special exception concurrently. I have copy of the site plan which is generic to both the application and to the special exception, dated July 13, 1993; and I have a copy of the Suffolk County tax ZBA Hearings 30 ~gust 18, 1993 map indicating this and surrounding properties in the area. Mr. Danowski, how are you tonight? Appearance: Peter Danowski, Esq., for the Applicant. Very ~ood, thanks. THE CHAIRMAN: Before I ask you to speak, I just want to mention one thing to clear the issue that one of the contract vendees in this particular piece of property is Dr. Timpone and his wife. MR. DANOWSKI: THE CHAIRMAN: mine. That is correct. They are both personal friends of Does anybody have any objection to my sitting on this application? MEMBER VILLA: THE CHAIRMAN: OTHER VOICES: MR. DANOWSKI: He is also a friend of mine. He takes care of my dog. Me too. Me three. And Dr. Andresen's wife. She is also part of the contract vendee situation. So the husbands and wives are the contract vendees and have the permission of the owner to speak here tonight. THE CHAIRMAN: Okay. that everybody is aware of it, I just wanted to clear that so and you are welcome to develop it. MR. DANOWSKI: I think the letter I have submitted covers the issues as a special exception that is listed in the ZBA Hearings 31 August 18, 1993 Town Code. I have pointed out the general location of the proposed facility which to my mind is directly across from Elbow Two. There are some commercial establishments across the street. It is at an intersection of Franklinville Road and the Main Road, which are two fairly traveled highways. The use I think is not contrary to other uses in the area and the Town Code saw fit to include this in the zone which would allow a special exception, listing the vet hospital, so I wouldn't think, unless there are some other thoughts on this Board, that people would be terribly opposed to it. The reason for the variance request is: We almost have three front yards here. We are at the junction of a couple roads and we need a certain distance away from the building. We almost eliminate a building envelope if we don't ask for the variance. If you push the building farther to the east, we come onto property where there is a residence, and reasonably we think we should distance ourselves away from the residence. There is some greenery that will remain on-site to the east, so there will be a further separation of the physical building from the neighbor's house, so there will be more screening between the vet hospital and the building itself. Also, the Planning Board suggested to us, and we are willing to live with this -- that there will be additional screening left open on the west side as well. They, I believe, have forwarded a letter to this Board, saying that they are in favor of the project and made a comment about the ZBA Hearings 32 August 18, 1993 clearing and grade. We are set to go back to the Planning Board with further details for them on the site plan. We have a pending application with the Health Department waiting to hear from them, and so I am here to answer any questions, and so are all the family members and any neighbors or people in the public who might have a comment. THE CHAIRMAN: The only question I have is, why the 75 feet from Franklinville Road, thereby creating the variance of 30 feet from-- MR. DANOWSKI: You have in your Town Code provisions, if you are on two public roads, they are each a front yard, so you have to go one way or the other. And to set them back for traffic viewpoint and also for visibility of the building itself, in site plan discussion we concern ourselves with coming down Franklinville Road, you hit the entrance, people won't see it necessarily. So, in talking to the Planning Board and Planning staff, how to site the building from asite-plan view, that was chosen as the best location. Also to (one word inaudible) the building, if we were pushed in a different direction, we would have to bring in more soil, because it slopes down further toward the east. THE CHAIRMAN: Okay. I am going to come back and ask you a couple questions; but I will yield to my engineer down there. Do you have any specific questions? MEMBER VILLA: No. No problem. ZBA Hearings 33 August 18, 1993 THE CHAIRMAN: Jim? MEMBER DINIZIO: Are there going to be like kennels and things like that? MR. DANOWSKI: Everything is within the building itself. We've got basically a small animal/large animal facility. Much of the work of Dr. Andresen will actually be at sites at farms where there are large animals, so that is probably the exception when a large animal might come on for an operation. THE CHAIRMAN: Okay, it is my understanding from your statement then everything will be done internally within the building. The building will be fully air-conditioned and heated, both first floor ~- when I say first floor, I am referring to the ground floor, and then I am sure the basement will be utilized to a certain degree. MR.' DANOWSKI: Right. THE CHAIRMAN: Is there any plan of having any type of paddock outside? So as to keep large animals on site? MR. DANOWSKI: I.don't think that --we'd probably have to come back before 'the Board to address that issue. At this point~ that is not a consideration. I'd hate to think if a horse had to be left out for a minute that that would be a violation of what I just said; but we are not contemplating any large housing of animals as a routine. I was thinking of an ZBA Hearings 34 August 18, 1993 emergency situation with a horse standing outside the door for a minute. THE CHAIRMAN: I did forget about my other two members over here. I see -- MEMBERS WILTON AND DINIZIO: No. THE CHAIRMAN: I guess they have no questions. Is there anybody else on the Board that has any other questions? MEMBER DOYEN: Are they boarding dogs? THE CHAIRMAN: I think the boarding dogs is mainly for treatment. We will ask the question: Isn't that correct? MR. DANOWSKI: That's correct. THE CHAIRMAN: Any questions from anyone? Seeing no questions, we will see what develops. Anyone else who would like to speak, either for or against this application? UNIDENTIFIED SPEAKER: I am a next-door neighbor. ~. THE CHAIRMAN: Are you the gentleman to the east, sir? SAME SPEAKER: Yes. THE CHAIRMAN: How are you, sir? Would you state your name for the record? MR. KUESTER: I have no objection whatsoever. THE CHAIRMAN: Thank you, sir. MR. KUESTER: I agree with every bit. THE CHAIRMAN: Thank.you. THE CHAIRMAN: Lydia? (Applause.) ZBA Hearings 35 August 18, 1993 L Y D I A T 0 R T 0 R A made the following statement: I am Lydia Tortora and I live in Mattituck, and I think we are extremely fortunate to have two of the finest veterinarians in New York State that are looking to open a facility here in Southold. I have known Dr. Timpone many years and many occasions he has put aside his personal and family needs to answer emergency calls and care for sick animals and to take care with great interest in serving our community. The location is an ideal one, I think. It offers a buffer from the surrounding districts; it is a compatible use with the surrounding districts; it will enhance the character of the neighborhood and can only benefit us. I think most importantly, the establishment of this animal care facility will serve to help the health, safety and general order of the town by providing a much needed (Applause.) THE CHAIRMAN: service to our residents. Thank you. Is there anybody else who would like to speak? Seeing no further hands, because of the nature of this application, I am not going to sugges~ an approval from the floor; but you are very welcome to stay here for a short period of time. We only have one other application, and we are going to be dealing with it, so -- and the other application is going to be postponed until the next-regularly scheduled meeting, although we do have one gentleman who would like to speak ZBA Hearings 36 August 18, 1993 concerning it, so just sit tight. I make a motion closing the hearing and reserving decision until later. (Seconded and carried; see Board Clerk's Minutes.) Page 3 - Appl. No. ~7 Matter of John Andresen and Others Decision Rendered August 18, 1993 has also considered subsections (a) through (1) of Article XXVI, Section 100-263 A through F ("standards") and Section 100-264, A through P ("other considerations"), applicable to special exception reviews. Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT a Special Exception for a veterinarian office and Animal Hospital Uses, as requested and provided by Article III, Section 100-31B(10) of the Zoning Code, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Medical treatment of animals must be conducted internally, in this principal building; 2. This use granted under this Special Exception is limited to "Veterinarian Office and Animal Hospital" Uses of the applicants-contract vendees, as applied and more particularly reiterated in the hearing record and file, and specifically provided by Section 100-3lB(10) of the Southold Town Zoning Code. 3. Any future proposal for the outside keeping, breeding, boarding, and/or treating of animals, or similar activity, will require an additional Special Exception application and approval by the Board of Appeals. 4. The applicants shall furnish a final site plan map, as approved by the Southold Town Planning Board, for permanent recordkeeping purposes to the Office of the Board of Appeals before commencement of construction activities. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk i ECEIVED AND FILED BY THE SOUTHOLD TOWN CI.F.~K Town Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article X/V of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Ccmnission: X Variance fr'o~ the Zoning Code, Article III , Section 100-32, Bulk Schedule, __.Variance from Determination of Southold Town Building Inspector X Special Exception, Article III , Section 100-303(1) __ Special Permit Appeal Nos 4186,4187SEApplicant: JOHN E. ANDRESEN &~t~ers )c4~tract ve~%dees) .Location of Affected Land: 1625 Main Rd. & Franklinville Rd.W., Laurel, NY · County Tax Map Item No.: 1000-127-2-5.1 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport A) Appl. #4186 - Comments: Applicant is requesting permission.to/ locate principal buildinq with a re- duced setback from. southerly property line along Main Rd.(S.R. 25); and _~) .a??l #&IR7 - q?pr~l Fxc~ptinn fnr pprm~nn fn ~tabli~h u~e of proposed bldg. for veterinarian office & animal hospital use in accordance with Art. III, Sec.lO0-30B(1) of Zon~ Copi'~ 'Town file and related documents enclosed for your review. Dated: August ;q, 1993 APPEALS BOARD MEM~RS G,erard P. Goehrin~er, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SEQRA UNLISTED ACTION DECLARATION SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 30, 1993 Appeal No. 4187 SE Project Name: John E. Andresen County Tax Map No. 1000- 127-2-5.l Location of Project: 1625 Main Rd. & Franklinville Road West, Laurel, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to establish use of proposed building for veterinarian office and animal hospital This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating thag no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } this Board wishes to assum~ Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. { X } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc of PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham~ Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD til. lG I" £C©TF L. IIARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 TO: FROM: RE: DATE: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Richard G. Ward, Chairman ~ Proposed Site Plan for Mattituck-Laurel Veterinary Hospital Route 25, Laurel SCTM# 1000-127-2-5.1 August 12,1993 This is in response to your request of July 30, 1993, for comments on the &bove referenced project. This Board is in favor of the Special Exception and variance. We have asked the applicant to make several changes to the plan, most are technical, however we have requested that the clearing limits shown on the plan be brought closer to the building to better screen the building from the surrounding residential area. NOTICE OF ~PUBLIC HEARINGS NOTICE IS HEREB' GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of '~outhold, that the following 9ublic hearings will be held by he SOUTHOLD TOWN 3CARD OF APPEALS, at he Southold Town Hall, ;3095 Main Road, Southold, Xlew York 11971~' on ~VEDNESDAY, AUGUST 18, ;993, commencing at the imes specified below: 1.7:32 p.m. Appl. No. 4180- ;DAN AND ROY BERMAN Continued from 7/22/93 neeting). Variance for expan- ion of accessory storage- :stage building which was ccently altered under Permit qo. 20895 issued 8/18/92 and vhich addition will be in ex- ess of 20*/o lot coverage i mitation for all buildings. 'roperty Location: 520 Rabbit ~ane, East Marion, NY; Parcel ;O. 1000-31-18-11. This pro- erty is nonconforming at a ize of 2614+ sq. ft. 2. 7:35 p.m. Appl. No. 4188- ~USSELL IRELAND, JR.] ~r a Variance to the Zoning )rdinance, Article XXIII,[ ection 100-239.4B for per- lission to construct open · 'alkway between :the ulkhead and the existing! eek add!tion at the rear ofl ae dwelling, which deck was :quired to be modified under ~ppeal No. 4163 on May 11, 993 with a 15-ft. setback[ rom the bulkhead rather than I 'as built." Location of Pro- erty: 5400 Great Peconic Bay loulevard, Laurel, N.Y.; ristrict 1000, Section 128, .lock 2, Lot 12. This parcel }ntains a total area of 43,402 1 ft. and is located in the l -40 Low-Density Residential! one District. 3.7:40 p.m. Appl. No 4189- s, LVATORE W. CAMPO for Variance to the Zoning Or- nance, Article III-A, Section }0-30A.3 for permission to ~nstruct addition to dwelling ith an insufficient (front trd) setback from Landing tth Road (unimproved). This ~rcel has two front yard cas, contains a total area of ;,175 sq. ft., 100 ft. frontage ong the south side of Clear- ew Avenue and 251.75 feet ong the westerly side of Landing Path s~t (unim-I proved), Southc[n~x/Y; Coun- ty Tax Map D strict, Section 70, Block 09, LOt 53. 4. 7:45 p.m. Appl. No. 4185-, THOMAS J. McCARTHY i (Contract vendee). Current owners: Frank Majeski and: others. Variance to the Zoning Ordinance, Article III-A, Sec- tion 100-30A.3 for permission to modify area of proposed substandard lots (prior Appeal No. 4100 rendered June 30, i992), each with a preexisting dwelling. Location of Proper- ty: 1270 Fourth Street and 305 ! King Street, New Suffolk, NY; District 1000, Section 117, Block 7, Lot 008. 5 & 6. 7:50 p.m. Applica- tions of JOHN E. DRESEN and others as con- I tract vendees (Current Owner: Thomas N. Anshutz, Jr.) con- cerning premises known as 1625 Ma n Road and FranklinviIle Road West, Laurel, NY; District 1000, Sec- tion 127, Block 2, Lot 5.1 con- taining 59,984 sq. ft. in thisL R-80 Residential Zone District, for: ~ A) Appl. No. 4186- Variance to the Zoning Ordinance, Ar- ticle III, Section 100-32, Bulk Schedule, for permission to locate principal building with a reduced setback from the southerly (front) property line along the Main Road (S.R. 25); and ' B) Appl. No. 4187- Special Exception for permission to establish use of proposed: building for veterinarian rice and animal hospital use in accordance with Article Section 100.30B(1) of the Zon- ing Ordinance. ' 7. 8:00 p.m. Appl. No. 4184- CHARLES H. LEWIS for a] Variance as provided by New? York Town Law, Section 280.Ai requesting acceptance of minimum improvements within a private right-of-way for safe and sufficient access by emergency, fire and other vehicles to: Lot No. 1, as modified, with its proposed access over a right-of-way extending from the westerly side of Lighthouse Road, Southold, NY, over premises now or formerly of Pantel, referred to as Parcel No. 1000-50-3-3.4, and over premises now or formerly of Suffolk County, known as Parcel No. COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, o[ THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, h,ls hcerl .published in saicl I.otlg island Traveler-Walchm;m successively, commencing or] tile .................... Notary Public BARBARA A. SCHNEIDER N01ARY PUBLIC. State 0i New York No. 4806846 Qualified in Suffolk County C~)mmission Expires Lot No-2, as modified, with its proposed access over a right-of-way extending from 'the northerly side of Sound View Avenue, Southold, NY, in a northerly direction over premises now or formerly of Regan, Lindermayer, Stanley, Kudinka and/or Garcia and StieD, referred to as Parcels No. 1000-50.3-16, 7, 8, 23 9 and/or 19.1. The property to which this application is re- quested for access and stan- dards sufficient for emergen- cy vehicles is shown as Parcels No. 1000-50-3-14, 15, and 16~ for a total combined area off 2.2612 acres, and which is pending before the Southold Town Planning Board for division into two lots. The Board of Appeals will~ at said time and place hear anyl and all persons or represen- tatives desiring to be heard in the above matters. Written comments may also be sub- mitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more informa-, tion, please call 765-1809 or visit our office. Dated: August 2, 1993 BY ORDER OF THE : SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER '' .':' CHAIRMAN By: Linda Kowalski IX-8/5/93(16) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 August 2, 1993 TO WHOM IT MAY CONCERN: Enclosed with this letter is a copy of the Legal Notice, as published in the Town's official newspaper (Long Island Traveler-Watchman, Inc. located in Southold, NY). The Legal Notice outlines a generalized description of the relief or use requested in your application, the location of the property, and .the time, date and place of the public hearing. Please have someone appear'in your behalf at the time specified in the event there are questions (and to prevent a delayin finalizing your application). Your public hearing will not. start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. If your presentation is lengthy, a draft or final written copy is always appreciated. ~ In the event you wish to amend your application to include other relief and other sections, of the Code to be considered, you must file separate application forms, obtain a new Notice of Disapproval from the Building Inspector, and submit the additional filing fee.. You must notify our office prior to the advertising of the present application for the amendments. Once the application has been advertised, a separate application would be then be required for additional relief. Please feel free to call our office if you have any questions or wish to update your file prior to the hearing date. Yours very truly, Linda Kowalski Enclosure · APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTT L. HARRIs Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town .Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, AUGUST 18, 1993 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4180 - JOAN AND ROY BERMAN. (Continued from 7/22/93 meeting). Variance for expansion of accessory storage-garage building which was recently altered under Permit No. 20895 issued 8J18/92 and which addition will be in excess of 20% lot coverage limitation for all buildings. Property Location: No. 1000-31-18-11. 2614+- sq. ft. 520 Rabbit Lane, East Marion, NY; Parcel This property is nonconforming at a size of 2. 7:35 p.m. Appl. No. 4188 - RUSSELL IRELAND, JR. for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct open walkway between the bulkhead and the existing deck addition at the rear of the ~age 2 - Notice of~arings Southold Town Board of Appeals Regular Meeting of August 18, 1993 dwelling, which deck was required to be modified under Appeal No. 4163 on May 11, 1993 with a 15-ft. setback from the bulkhead rather than "as built." Location of Property: 5400 Great Peconic Bay Boulevard, Laurel, NY; District 1000, Section 128, Block 2, Lot 12. This parcel contains a total area of 43,402 sq. ft. and is located in the R-40 Low-Density Residential Zone District. 3. 7:40 p.m. Appl. No. 4189 - SALVATORE W. CAMPO for a Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to construct addition to dwelling with an insufficient (front yard ) setback from Landing Path Road (unimproved). This parcel has two front yard areas, contains a 'total area of 25,175 sq. ft., 100 ft. frontage along the south side of. Clearview Avenue and 251.75 feet along the westerly side of Landing Path Road (unimproved), Southold, NY; County Tax Map District, section 70, Block 09, Lot 53. 4. 7:45 p.m. Appl. No. 4185 - THOMAS J. McCARTHY (contract vendee). Current Owners: Frank Majeski and others. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to modify area of proposed substandard lots (prior Appeal No. 4100 rendered June 30, 1992), each with a preexisting dwelling. Location of Property: 1270 Fourth Street and 305 ~age 3 - Notice of Oarings Southold Town Board of Appeals Regular Meeting of August 18, 1993 King Street, New Suffolk, NY; District 1000, Section 117, Block 7, Lot 008. 5 & 6. 7:50 p.m. Applications of JOHN E. ANDRESEN and others as contract vendees (Current Owner: Thomas N. Anshutz, Jr.) concerning premises known as 1625 Main Road and Franklinville Road West, Laurel, NY; District 1000, Section 127, Block 2, Lot 5.1 containing 59,984 sq. ft. in this R-80 Residential Zone District, for: A) Appl. No. 4186 - Variance to the Zoning Ordinance, Article III, Section 100-32, Bulk Schedule, for permission to locate principal building'with a reduced setback from the southerly (front) property line along the Main Road (S.R. 25); and Appl. No. 4187 Special Exception for permission to establish use of proposed building for veterinarian office and animal hospital use in accordance with Article III, Section 100-30B(1) of the Zoning Ordinance. 7'. 8:00 p.m. Appl. No. 4184 - CHARLES H. LEWIS for a Variance as provided by New York Town Law, Section 280-A requesting acceptance of minimum improvements within a private ~age 4 - Notice of~arings Southold Town Board of Appeals Regular Meeting of August 18, 1993 right-of-way for safe and sufficient access by emergency, fire and other vehicles to: Lot No. 1, as modified, with its proposed access over a right-of-way extending from'the westerly side of Lighthouse Road, Southold, NY, over premises now or formerly of Pantel, referred to as Parcel #1000-50-3-3.4, and over premises now or formerly of Suffolk County, known as Parcel #1000-50-3-3.1. Lot No. 2, as modified, with its proposed access over a right-of-way extending from the northerly side of Sound View Avenue, Southold, NY, in a northerly direction over premises now or formerly of Regan, Lindermayer, Stanley, Kudinka and/or Garcia and Sileo, referred to as 'Parcels #1000-50-3-16, 7', 8, 23, 9 and/or 19.1. The property to which this application is requested for access and standards sufficient for emergency vehicles is shown as Parcels #1000-50-3-14, 15, and 16 for a total combined area of 2.2612 acres, and which is pending before the Southold Town Planning Board for re-division into two lots. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review ·age 5 - Notice of~arings Southold Town Board of Appeals Regular Meeting of August 18, 1993 the files or need to request more information, please call 765-1809 or visit our office. Dated: August 2, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X ~age 6 - Notice of Oarings Southold Town Board of Appeals Regular Meeting of August 18, 1993 Copies Mr. Mr. Mr. Mr. of Legal Notice to the following 8/2/93: and Mrs. Roy Berman Ed Williams (Builder) Russell Ireland, Jr., Box 10, East Norwich, Salvatore W. CAmpo, 1530 Clearview Avenue, NY 11732 Southold 11971 Mr. Thomas J. McCarthy, Box 62, Mattituck, 11952 Peter S. Danowski, Jr., Esq., Box 779, Riverhead 11901 a/c: John Andresen and others John M. Wagner, Esq., Box 279, Riverhead 11901 a/c: Charles Lewis APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM SCOTT L. HARRis Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: {X } Planning Board {X } Building Department { } Town Trustees Board of Appeals July 30, 1993 Our Coordination Request for Comments Site Plan Proposal - Proposed Animal Hospital Vacant Land 1000-127-02-005.001 at Laurel The applicant in the above project has confirmed with our office that he did meet yesterday, on a preliminary level with Planning Board Members, and that he expects to file the above site plan application and supporting documents with your office within the next few days. Since the application before this Department concerns a request for an allowable use by Special Exception as well as a front yard setback variance, we would, like to provide you with an opportunity at this time to comment on those elements which may affect the site plan elements under Article XXV (Site Plan Regulations). You will note that the property is substandard in size in this R-80 Zone District and has three front yard areas along two streets, although access will be provided only from Franklinville Road. Much of the screening and natural berm area along the Main (State Route 25) Road will remain, we understand. In the event you are not able to transmit your views in writing by August 17, 1993, please feel free to communicate directly either through our office or attendance by a planning staff member at the public hearing. Thank you. lk PETER S. DANOWSKI, JR. ROBERT F. KOZAKIEWlCZ LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P. O. BOX 779 RlVERHEAD, NY 11901 (516) 72?4900 FAX (516) 727-7451 July 30, 1993 MICHAEL T. CLIFFORD OF COUNSEL Il" ";' Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Veterinarv Dear Sir or Madam: 11971 Hospital (John E. Andresen; In connection with the above matter, enclosed please find executed affidavit of owner, for your files. Very truly yours, PSD:gsg Encl. STATE OF NEW YORK ) )SS.: COUNTY OF SUFFOLK ) I, THOMAS N. ANSHUTZ, JR., being duly sworn, depose and say: That I am the owner of property identified as Suffolk Tax Map No. 1000 127 - 02 - 05.001 in the Town of Southold, NY. That I have contracted to sell said property to: Charles Timpone, Debra Timpone, John E. Andresen and Maribeth Andresen. That I hereby authorize any of the above named individuals or their attorney, Peter S. Danowski, Jr., Esq., to file any necessary applications with the Town of Southold, including applications to the Zoning Board of Appeals for a special exception and variance, a site plan application to the Planning Board, and a building permit application. Sworn to before me this ~f~ day of July, 199_~.._ APPEALS BOARD MEMBERS G~rard P. Goehrin~er, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SE~P~ U~rLISTED ACTION DECIJ%PJ%TION SCOTrLHARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 F~x (516) 765-1823 Telephone (516) 765-1800 July 30, 1993 Appeal No. 4187 SE Project Name: J0hn.E. Andresen County Tax Map No. 1000- ]27-2-5.] Location of Project: ]625 Main Rd. & Frank]invi]]e Road West, Laurel, NY Relief Requested/Jurisdiction Before This Bo~d inthis Project: Permission to establish use of proposed building for veterinarian office and animal hospital This Notice is issued pursuant to Part 617 of the ~plementing regulations pertaining to ;~ticle 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and I~cal Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been su]~mitted with the s~ject application indicating tha~ no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } this Board wishes to asstu~e Lead Agency status and urges coordinated written co=~ents by your agency to be s~mitted with the next 20'days. { X } this Board has t~en jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQPJ%Action, a~nd has · 'declared a Negative Declaration for the following reasons: a. An Enviroamental Assessment has been suJDmitted and evaluated, ~d/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possJ]~le adverse ~fect of this project as filed, and/or d. This application does not directly relate to new constr~ction or on-site ~provements. { } this Board refers lead agency status to your'agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Bo~d Appeals, Town Hall, Main Road, Sou~hold, ~ 11971 at (516) 765-1809. mc of JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4187 JOHN E. ANDRESEN DATED: July 30. 1993 Transmitted is application for Special Exception fpr JOHN E. ANDRESEN together with Notice to Adjacent Owner, Contract of Sale, Short Environmental Assessment Form, questionaire for filing with your ZBA Application, map of proposed project, and letter from Peter S. Danowski, Jr. acting as agent. PETER S. DANOWSKI, JR ROBERT F. KOZAKIEWICZ LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P. O. BOX 779 RIVERHEAD. NY 11901 (516) 727-4900 FAX (516) 727-7.451 MICHAEL T. CLIFFORD OF COUNSEL July 27, 1993 Town of Southold Zoning Board of Appeals Main Road Southold, New York 11971 Re~ Veterinary HosPital (John E. Andresen~ Dear Sir or Madam: Please find enclosed application for Special Exception and Variance. The contract vendees, who are the applicants, are veterinarians practicing in the local area. Dr. Andresen has signed the application form. The owner's affidavit is forthcoming. The contract of sale has been entered into and is conditioned upon the granting of these variances, site plan approval and building permit. The site is somewhat irregularly shaped and unusual in that it is a corner lot at the junction of two well traveled roadways: New York State 25, known as the Main Road, and Franklinville Road. The irregular shape of the lot and its locations appears to create three front yards for this parcel, per Town Code definition. A review of the best possible location for siting the veterinary office and hospital has led to a location which requires a variance to allow the building to be located 30 feet from New York State Route 25. Any other location will necessitate the need for more fill and not provide well designed areas for parking. The special exception category provided by the Town Code provision would seem to fit the area in that commercial establishments are directly across the street. The Elbow Room Too Restaurant is directly across the street. Town of Southold Zoning Board of Appeals Page 2 July 27, 1993 Vegetation shall remain to the eastern border of the property, and the residence to the East is located a distance from the property line. There is also further vegetation on the adjacent parcel. Therefore, there should be adequate screening. It is hoped this matter can be calendared for the next available date so that my clients can proceed with the site plan application, which requires Health Department applications, etc. Very truly yours, PET~S.~DD~OWSKi, JR. PSD:gsg Encls. HAND DELIVERED TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), John E. Andresen of ~TOWN OF SOUTHOLD, NEW YORK JUL ~ ~ IS~ ~' ~ APPLICATION FOR SPECIAL EXCEPTION ~ ~outhold Town Clerk A~p]icat~on No. ~/~ 7 ' (no ~) Church Lane, (Resi'dence, House No. and Street) Aquebogue, New York 11931 (516) 722-8280 {Hamlet, State, Zip Code, Telephone Number) hereby apply to /HE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE ITI , SECTION 100-31 B , SUBSECTION 10 for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): Veterinarian office and animal hospital A. Statement of Ownership and Interest. Thomas N. Anschutz, Jr. is~ the owner(m~ of property known and referred to as vacant land at Frankllnvill~ Rd. ar Ny(House No. Street, Hamlet) Main Road (S.R. 25), Laurel, ' identified on the Suffolk County Tax Maps as District ]000, SectiOn 127, Block 02 , Lot(s) 05.001 , which is not (g~ on a subdivision Map ~l:~mmmmmmmmmmmmmmmmmm ,, - "File_~ M_'~ The above-described property was acquired by the owner on April 21, 1988 B. The applicant alleges that the approval of this exception wou~d be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental qo property or persons in the neighborhood for the following reasons: Non-residential uses on North side of Franklinville Rd., e.g. Elbow Too. Lot is bordered on two public roads and is corner lot. Separation distance from residence to East with buffer of existing trees on neighboring lot. Vegetation also to remain on eastern border C. The property which is the subject of this application is zoned R-80 [x ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): Need for special exception. [X ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: , ~Oc~ -~SigWature) John E. Andresen ~ to bede me this(~ day of July ,. 19 93. {Notary 9u~ i c) ZB2 (rev. 2/6/86) Term ~p;r~s and TOWN OF SOUTHOLD, R E~V E D TM C~,~.'~' ~ ~,,~.~ s~ + NEW YORK JUL 0 1993 APPLICATION FOR SPECIAL EXCE~id Town Clerk Application N~? Date Filed:~/~d/~ TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), John E. Andresen of (no #) Church Lane, (Residence, House No. and Street) Aquebogue, New York 11931 (516) 722-8280 (Hamlet, State, Zip Code, Telephone Number) hereby apply to /HE ZONING BOARD OF APPEALS for a SPECIAL EXCEPIION in accordance with the ZONING ORDINANCE, ARTICLE III , SECTION lOO-31 B , SUBSECTION 10 for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): Veterinarian office and animal hospital A. Statement of Ownership and Interest. Thomas N. Anschutz, Jr. is~$ the owner(m~ of property known and referred to as vacant land at FranklinvJlle Rd. Main Road (S.R. 25), Laurel, NY(House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 127, Block 02 , Lot(s) 05.001 , which is not (~]~ on a subdivision Map ~B~l,~mmlmmmmmmmmm~m:~m "~ of "Fil-~d ..-~ .... The above-described property was acquired by the owner on April 21, 1988 B'. The applicant alleges that the approval of this exception would be in harmony with · the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental property or persons in the neighborhood for the following reasons: Non-residential uses on North side of Franklinville Rd., e.g. Elbow Too. Lot is bordered · on two public roads and is corner lot. Separation distance from residence to 'East with buffer of existing trees on neighboring lot. Vegetation also to remain on eastern border - C. The property which is the subject of this application is zoned R-80 [X ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): ~ee~ Eo~ ~ecial exception. [X ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: ~. ~ . ~,_~.c3.x_~ ~£~ ~ig~ature) John E. Andresen ~Notary Public) ~,~,~, .~9~,~ ZB2 (rev.. 2/6/86) t~j~.~lJ}~u,~t.. ~ and BOARD (')E APPEALS, TOWN OF SOUTHOI_D In the Matter oi the Petition of to the Board of Appeals of the Town of Southnld TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of tile undersigned to petition the Board of Appeals of thc Town of Southold to request a ~ 5~i[~×-~ (~I~I~I~B~i~]~ [c irc le choice ] ~ ). That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Vacant lot; Suffolk County Tax Map No. 1000 - 127 - 02 - 05.001. 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4 ~'hal b'~ such Petition, theunder~igned will request tile following relief: Special exception and front ya. rd variance. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the 'under- signedare Article III Section 100-31 g (SDeciai Exception); 100-32 (Variance) [ ] Section 280-A, New York Town haw for appr0va] of access over'right(s)-of-way.~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-].809. 7. That befure the relief Sought may be granted, a public hearing must be held on thc matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Tim&s and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Juiy 27, 1993 Peri r Thomas N. AnShutz.~ Jr., By: Owners'Names: John E. Andresen, Contract Post Office Address ¢~zzdee (no #) Church Lane Aquebogue, NY 11931 Tel. No. (516) 722-8280 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ Freida M. Kuester PROOF OF MAIl.lNG OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Box 403, 540 Frankl~nville Rd. Laurel, NY 11948 STATE OF NEW YORK ) COUNTY OF SUFFOLK) 55.: Gall S. Goss , residing at 8 Head of Cove Rd., Hampton Bays, NY 11946 , being duly sworn, deposes and says that on the 28th day of July ,19 93 ,deponent mailed a true copy of the Notice set forth on the verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on .the current assessment roll of the Town of Sou~hold; that said Notices were mailed at the United States Post Of- tqce at Riverhead, NY (certified) (xav~szm'zet) mail. Sworn to before me this 28th day~3u.l¥, ~ . 19 ~ Notary Public J ; that said Notices were maited to each of said persons by Gall S. Goss Nomrf No. 52-0857995 _ ~ Qualified in Suffolk ~u~ ~ T~ln Expires~ ~, 1~') (Th~s s~de does no[ have to be completed on prope~[~ owners.) f'orm transmitted to adjoining Standard N.Y.B.T.U. Form 8041'-01 Rev. 11/78 - Contract of Sale WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens in the event of fire of casualty loss before the title closing. Unless different provision is made in this contract, Section 5-1311 of the General Obligations Law will apply. One part of that law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises. CONTRACT OF SALE made as of the ~ day of~, 1993. BETWEEN THOMAS N. ANSHUTZ JR. Address: P.O. Box 1108, Mattituck, New York 11952 hereinafter called "SELLER", who agrees to sell, and CHARLES TIMPONE and~H TIMPONE, husband an husband an~ wife, and JOHN ANDRESEN and MARIBETH Address: 360 Sigsbee Road, Mattituck, New York 11952 and (no #) Church Lane, Aquebogue, NY 11931, respectively, hereinafter called "PURCHASER", who agrees to buy: The property, including all buildings and improvements thereon (the "PREMISES") (more fully described herein): ALL that certain plot, piece or parcel of land, situate, 1ylng and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northwesterly side of Riverhead - Mattituck S.H. 8181 (Main Road S.R. 25) said point being where lands now or formerly of Kuester and Raff intersect the said Northwesterly side of Riverhead - Mat~ttuck S.H. 8181, said beginning point also being the Easterly corner of premises about to be described and from said point. RUNNING THENCE along the Northwesterly side of Riverhead - Mattituck S.H. 8181 the following (2) courses and distances: (1) Southwesterly on an arc having a radius of 5729.58 feet a distance of 207.89 feet; (2) South 38 degrees 02 minutes 40 seconds West 163.23 feet; THENCE North 41 degrees 14 minutes 12 seconds West 93.00 feet to the Southeasterly side of Riverhead - Mattituck S.H. 8181 (Franklinville Road); THENCE along said Road the following (2) courses and distances: (1) Northeasterly on an arc having a radius of 660.98 feet a distance of 321.62 feet; and (2) North 33 degrees 38 .minutes 31 seconds East 78.57 feet to lands now or formerly of State of, New York; THENCE along said land and along land now or formerly of Kuester and Raff, South 44 degrees 04 minutes 19 seconds East 195.70 feet to the Northwesterly side. of Riverhead - Mattttuck S.H. 8181 and the point or place of BEGINNING. Street Address: Vacant Land - N/N Franklinville Road Laurel, New York Tax Map Designation: Dist. 1000; Section 127; Block 2; Lot 5.1 Together with SELLER'S interest, if any, awards as set forth in Paragraph 9. 1. a. The purchase price is: .-. SEVENTY THOUSAND AND.~0/100 DOLLARS On the signing of this contract, by check subject to collection: SEVEN THOUSAND AND 00/100 DOLLARS ANDRESEN, in streets and unpaid $70,000.00 $ 7,000.00 to be held in escrow by SELLER'S attorney until closing at Chemical Bank, 205 Hallock Road, Stony Brook, New York. BALANCE AT CLOSING: SIXTY THREE THOUSAND AND 00/100 $63,000.00 2. Ail money payable under this contract, unless otherwise specified, shall be either: a. Cash, but not over one thousand ($1,000.00) Dollars, b. Good certified check of PURCHASER, or official check of any bank, savings bank, trust company, or savings and loan association having a banking office in the State of New York, payable to th~ order of SELLER, or to the order of PURCHASER and duly endorsed by PURCHASER (if an individual) to the order of SELLER'in the presence of SELLER or SELLER'S attorney. c. Money other than the purchase price, payable to SELLER at CLOSING, may be by check of PURCHASER up to the amount of FIVE HUNDRED ($500.00) DOLLARS, or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. 3. The PREMISES are to be transferred subject to: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided that they are not violated by the buildings and improvements erected on the PREMISES., and they are not violated by the future use of the premises as a veterinary hospital. b. Consents for the erection of any structures on, under or above any streets on which the PREMISES abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. 4. SELLER shall give and PURCHASER shall accept such title as any reputable title company, a member of The New York Board of Title Underwriters, will be willing to approve and insure in accordance with their standard form of title policy, subject only to the matters provided for in this contract. 5. "CLOSING" means the settlement of the obligations of SELLER and' PURCHASER to each other under this contract, including the payment of the purchase price to SELLER, and the delivery to PURCHASER of a Bargain & Sale Deed with Covenants in proper statutory form for recording so as to transfer full ownership (fee simple title) to the PREMISES, free of all encumbrances except as herein stated. The deed will contain a covenant by SELLER as required by Section 13 of the Lien Law. If SELLER is a corporation,.it will deliver to PURCHASER at the time of CLOSING (a) a resolution of its Board of Directors authorizing the sale and delivery of the deed, and (b) certificate by the Secretary or Assistant Secretary of the corporatiQn certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with that section. 6. CLOSING will take place at the office of ENGLAND & ENGLAND, P.C., 2556 Middle Country Road, Centereach, New York, at 2:00 o'clock on or about September 1, 1993. 7. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this sale other than CELIC REALTY and SELLER agrees to pay the broker the commission earned thereby (pursuant to separate agreement). ~8. This sale includes all of SELLER'S ownership and rights, if any, in any land lying in the bed of any street or highway, opened or proposed, in front of or adjoining the PREMISES to the center line thereof. It also includes any right of SELLER to any unpaid award by reason of any taking by condemnation and/or for any damage to the PREMISES by reason of change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at CLOSING, or thereafter, on demand, any documents which PURCHASER may require to collect the award and damages. 9. SELLER agrees to deliver to PURCHASER at CLOSING a certificate dated not more than thirty (30) days before CLOSING signed by the holder of each EXISTING MORTGAGE, in form for recording, certifying the amount of the unpaid principal and interest, date of maturity, and rate of interest, SELLER shall pay the fees for recording such certificate. If the holder of a mortgage is a bank or other institution as defined in Section 274-a, Real Property Law, it may, instead of the certificate, furnish an unqualified letter dated not more than thirty (30) days before CLOSING containing the same information. SELLER hereby states that any EXISTING MORTGAGE will not be in default at the time of CLOSING. 10. SELLER will comply with all notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by any governmental department having authority as to lands, housing, buildings, fire, health and labor conditions affecting the PREMISES at the date hereof. The PREMISES shall be transferred free of them at CLOSING and this provision shall survive CLOSING. SELLER shall furnish PURCHASER with any authorizations necessary to make the searches that could disclose these matters. 11. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in annual installments, and the first installment is then a lien, or has been paid, then for the purposes of this contract all the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING. 12. The following are to be apportioned as of midnight of the day before CLOSING: a. ~axes, water charges and sewer rents on the basis of the lien (Dec~ lst) period for which assessed. If CLOSING shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period applied to the latest assessed valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall survive CLOSING. 13. If there be a water meter on the PREMISES, SELLER shall furnish a reading to a date not more than thirty (30) days before CLOSING date and the unfixed meter charge and sewer rent, if any, shall be apportioned on the basis of such last reading. 14. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any unpaid taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a date not less than five (§) business days after CLOSING, provided that official bills therefor computed to said date are produced at CLOSING. 15. If there is anything else affecting the sale which SELLER. is obligated to pay and discharge at CLOSING, SELLER may use ~ny portion of the balance of the purchase price to discharge it. As an alternative SELLER may deposit money with the title insurance company employed by PURCHASER and required by it to assure its discharge; but only if the title insurance company will insure PURCHASER's title clear of the matter or insure against its enforcement out of the PREMISES. Upon request, made within a reasonable time before CLOSING, the PURCHASER agrees to provide. separate certified checks as requested to assist in clearing ~up' these matters. 16. If a title examination discloses judgments, bankruptcies or other returns against persons having names the same as or similar to that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they are not against SELLER. 17. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State, City or County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the deed, together with any required tax return. PURCHASER agrees to duly complete the tax return and to cause the check(s) and the tax return to be delivered to the appropriate officer promptly after CLOSING. 18. All money paid on account of this contract, and the reasonable expenses of examination of the title to the PREMISES and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER. 19. If SELLER is unable to transfer title to PURCHASER in accordance with this contract, SELLER's sole liability shall be to refund all money paid on account of this contract, plus all charges made for: (l) examining the title, (ii) any appropriate additional searches made in accordance with this contract, and (iii) survey and survey inspeotion charges. Upon such refund and payment this contract shall be considered cancelled, and 'neither SELLER nor PURCHASER shall have any further rights against the other. 20. PURCHASER has inspected the PREMISES included in this sale and is thoroughly acquainted with their conditions. PURCHASER agrees to purchase them "as is" and in their present condition subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING. PURCHASER shall have the right, after reasonable notice to SELLER, to inspect them before CLOSING. 21. All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. It completely expresses their full agreement. It has been entered into after full inves.tiGation, neither party relying upon any statements made by anyone else that is not set forth in this contract. 22. This contract may not be changed or cancell writing. The con ........ ed except in L~c~ snail also apply to and bind the distributees, heirs, executors, administrators, successors and assigns of the respective parties. Each of t~e parties hereby authorize their attorneys to agree to any changes in dates and time periods provided for in this contract. 23. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may require it. THE FOLLOWING ARE NOT N.Y.B.T.U. STANDARD PROVISIONS: 24. The PURCHASER agrees to deliver to the attorney for the SEL~.ER , herein a list of any objections or violations which may appear in_ any title examination that the purchasers obtain and if any objections appear which Cannot be cleared by the SELLER by the time set for closinG herein, then the SELLER shall be entitled to a reasonable adjournment for the purpose of removing such objections or violations. The SELLER shall not be required to bring an~ action or proceedinG or otherwise to render title to the premises marketable and insurable. 25. Ail notices required to be sent to the SELLER hereunder shall be in writing addressed to the seller's attorney. 26 The eposit paid on contract as provided in paragraph number one hereof is to be held in escrow by seller's attorney until title closes, in a non-interest bearing account. Said premises are sold and to be conveyed subject to: a. Applicable zoning regulations and ordinances which are not violated by existing structures, or the present use or maintenance thereof. b. Any state of facts which an accurate survey may show, provided same does not render title unmarketable. c. Public utility easements within 10 feet of the perimeter of the premises, provided that no presently existing structures are located within the area of easement. d. Covenants, restrictions, reservations and agreements, provided same does not render title unmarketable. 28. It is understood and agreed that all understandin§s and agreements heretofore had between the parties hereto are merged in this contract, which alone fully and completely expresses their agreement, and that the same is entered into after full investigation, neither party relying upon any statement or representation, not embodied in this contract, made by the other. Purchaser has inspected the said premises and is thoroughly acquainted with their condition and agrees to take title "AS IS" and in their present condition and subject to reasonable use, wear, tear and natural deterioration between the date hereof and the closing of title. Purchaser shall have the right to inspect the premises at a reasonable time prior to closing. The acceptance of a deed by Purchaser shall be deemed full performance by the discharge of SELLER of all terms, conditions and agreements made or required to be performed hereunder and no liability therefor on the part of SELLER shall survive the delivery of the deed. 29. This contract may not be assigned without the written consent of both parties to this contract. ~0. The SELLER shall be obligated for and shall pay any and all taxes which may be due or which become due as a result of cessation of any exemption from the date of said cessation to the closing. This clause shall survive closing. *and veterinary hospital 31. "This contract is subject to and contingent upon Purchaser obtaining the proper zoning for a dog kenne~ business to be operated upon the said premises after erection of proper facilities. Purchaser shall apply to the Town of Southold for all appropriate municipal approvals at his own cost and expense. 32. This contract is further subject to and contingent until August 1, 1993, at which time if the Purchaser has obtained approval from the Town of Southold, this will be a firm and binding contract. In the event that the Purchaser needS additional time to obtain said approval, Seller agrees to give Purchaser said extension for a period of thirty (30) days. In the event the final approval is not obtained by that time, Seller shall have the option of terminating this contract by return of the contract deposit~and neither party shall have any further liability, one to the other. IN PRESENCE OF: Closing of title under the within contract is hereby adjourned to · 1993, at o'clock, at ; title to be closed and all adjustments to be made as of · 1993. DATED: 1993. For value received, the within contract and all the right, title and interest of the PURCHASER thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. DATED: 1993. Purchaser Assignee CONTRACT OF SALE TITLE NO. TO PREMISES Section Block Lot County or Town Street Numbered Address Recorded At Request Of RETURN BY MAIL TO: I PROJECTLC. NUMaER 617.21 Appendix C State Environmental Quali~y Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART I--PROJECT iNFORMATiON (To be completed by AoDlicant or Project sponsor) 1.JohnAPeuc~'TE.'S~°NS°aAndr es en I ;' PROJECT NAME 3. PROJECT LO~TiON: Municioall~ Hamlet of Laurel C~unW Suffolk Vacant land bordered West and North by Franklinville Rd.'; South by State Highway 25; East by Roy Kuester. ~i' 6, DESCRIBE PROJECT BRIEFLY: Construction o£ veterinary hospital. 8. WILL PROPOSED ACTION COMPLY WITH F-XISTJNG ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? r'~yes ~No IfNo, de$criOebrtefly Requires special exception and front yard- variance. 1. Suffolk County Health Department 2. Southold Town Planning Board John E. Andresen L If the action is in the Coastal Area, and you are a state agency, complete tl~e I . Coastal Assessment Form before proceeding with this assessment OVER 1 .(Continued on reverse side) 3 The N.Y.S. Environmental Quality Review Act reguires submission · before any action is taken. S__HORT ENVIRONMENTAL ASSESSMENT FO~! INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the prepare.r will use currently.available information Concerning the project and the likely impacts of the action. It is not expected that additional studies, research or Other investigations will be undertaken. (b) If any question has been a~swered Yes the project may be sig- nificant and completed Environmental Assessment Forte is necessary. (c) If all questions have been answered No it is likely that the : project is not significant. {d) Environmental Assessmeh~ Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or u~ual land for~ on the site? 3. Will project alter or have a large effect on a~ existing body of water? 4. Will project have a Potentially large impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6. __Yes : X NO ___Yes X NO Yes X NO X ~Yes X No Will project affect any threatened or endangered plant or animal species? Yes X No 7. Will project result in a major adverse effect on X air quality? 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? . ~es X No 9. Will project adversely impact any site or struct- ure of historic, Pre-historic, or paleontological importance or any site designated as a critical envircemental area by a local agency? _ Yes X No 10. Will project have a m~jor effect on existing or- future recreational opportunities? __,_Yes ~XNo 11. Will project result in major traffic problems or .___Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project.s operation? ~Yes ~XNo 13. Will project have any impact on public health or safety? ~__Yes XNo 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year ,___Yes XNo period or have a major negative effect on the charact~ of the community or neighborhood? project?. ~'~ -/-~] ~ -'~- ~ng the . SiSn~ure~ ~ -Z ' '- ~ m~ ~ ~ ~ Da=e- July 19 9.3 QUESTIO}~AIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Thomas N. Anshutz, Jr. (owner) Charles Timpone and Debra Timpone John E. Andresen and Maribeth Andresen (contract vendees) B. Is the subject premises liste~ on the real estate mar~e~ ~or sale or being shown to prospective buyers? { } Yes {x } No. C. Are ther~ =ny !zrupo~als tu ~b~nge ~r alter { } Yes {X} No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? N/A 3. Is the property bulkheaeed between the wetlands area and the upland building area? N/A 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N/A · E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N_/A (If not applicable, state "N.A.") F. Are there any patios, concrete ~arriers, bulkheads or fencss which ew~t ~d are not ~h~wn cn the survey map that you ar~ submitting? No If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds."~ I. Please list present use or operations conducted at parcel vacant land and propose~ use veterinary hospital this 3/87, 10/90~k July , 1993 § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Sou:hold. [Added 6-5-84 by L.L. No. 6-1984] W~TL.-L.~DS [Amended 8-26-76 by LL. No. 2-1976; 3-2S- 85 by ~ No. 6-1985]: -" '" ' j (I) All lands generally covered or intermittently cov- ered with, or which border on. tidal wa~ers, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth o£ five (5) feet. including but not limited to banks. bogs. salt marsh, swamps, meadows, .rials or other low lying lands subj&ct to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which gromvs or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, t~ll cordgrass, high bush. catcalls, groundsol, m~.rshmn{low &ad .}nv/ (3) All 12.ad immediatet7 ndjacent to a tidal wetland as defined in Subsection A(2) and lying mvithin seven- ty-five (75) feet landward of the most land;yard edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1. § 2,1-0107. Subdivisions l(a) to l(d) inclusive. of the Environmenusl Conservation Law of thc S~te of New York: and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a" , freshwater wetland.' 9705 2..'s.ss TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STRE~r/g-~ V,L,-~E O[ST. S~B. LO'r FORMER OWNER N . .. E ACR. °~'/-~ S W ~PE OF BUILDING RES.~ /'/ S~S. VL. FARM CO~. CB. MICS. Mkt. Value ~ND IMP. TOTAL DATE RE~RKS ri,ob~e 1. a~ /' ~ ~' n:, . ~ /g FRONTAGE ON WATER No, land FRONTAGE ON ROAD ~eadowlond DEPTH aouse Plot BULKH~D Fatal R~80 A-C R-80 P 128 310 603 RC:CEIPT FOR CERTIFIED MAIL NO ~NSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAE (See Reverse) ~, nt ~zeda M. Kuester ~treet and No B¢~( 40..3 40 Fran~zinvzlle Rd. PO,, State and ZIP Code // Laurel, NY 11948 Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and D~I~ P°st mark~ ~ 150' ./ / / LEGEND SITE INFORMATION: SUFFOLK COUNTY TAX IdAP No. 1000-127-02-05.001 SURVEY AND TOPOGRAPHICAL INFORMATION PROVIDED BY STANLEY ISAKSEN, Jr. NEW SUFFOLK, NEW YORK SURVEYED JUNE 4, 1995 ZONING USE DISTRICT: R-BO FRONT YARD-60' REAR YARD-75' SIDE YARD-(1)20' BOTH 40' SITE AREA: 59,984.13 sq. ff. 1.377 aa. BUILDING AREA: 3,584 sq. ff. LOT COVERAGE: 5.97% PAVED AREA(PARKING): 8,000 sq. fl. TYPICAL STORMWATER UNIT CALCULATIONS: SEPTIC SYSTEM DETAIL (NOT TO SCALE) 1,200 GALLON SEPTIC TANK DISTRIBUTION LEACHING POOL(l) LEACHING POOLS(3) SANITARY CALCULATIONS: PRELIMINARY DATE REMARKS BY CLIENT: LAUREL PROPOSED HAMLET, TOWN VETERINARY OF SiOUTHOLD, SUFFOLK OFFIC COUNTY, E.S KALOGERAS, CONSULTING ENGINEER UNION SQUARE, ONE UNION AVENUE. RD ~1, BOX 550 (516)727-5155/722-4040 P.e. RIVERNEAD, NEW YORK 11901 FAX (516)722-5093 DRAWING TITLE: PRELIMINARy SiTE PLAN PRELIMINARY DESIGN BY: ~ 5 ~X PROJECT NO: V~f O~ CHECKED BY: B 5 K DRAWING NO: DATE' JILY I'~, 199'~ 1 0 ~ scA~: Ab ~0~