Loading...
HomeMy WebLinkAbout4200 APPEAI~ 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 ACTION OF THE BOARD OF APPEALS Application of JOHN E. ANDRESEN and others as contract vendees. This is a red,est 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, Deb~a Timpone, and the current owner, Thomas N. Anshutz, Jr. (which contract was confirmed to be extended to the present time period). Page 2 - Appl. No. 4200-SE as Amended Matter of John Andresen and Others Decision Rendered November 8, i993 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 kigh 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 soutl,erly front proPerty line at its closest points {Mote: An appeal for a relief from this fiont yard was filed simultaneously with this application - see Appeal No. 4186}. ?age 2 - 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 us~ 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 recorakeeping purposes to the Office of the Board of Appeals befora commencement of construction activities. as 5. The front yard setbacks from the southerly property Page 4 - Appl. No. 4200-£E as Amended Matter of 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 · ~ERARD P. GOEHRIN~ER, CHAIRMAN § 100-261 ZONING § 100-262 § 100-261. Special exception uses; approval required. [Amended 11-24-1992 by L.L. No. 22-1992] There is hereby created a category of land use approval to be known as "special exception uses." Said uses may not be commenced, created, undertaken, carried out or thereafter maintained or substantially expanded without a special exception approval first having been obtained therefor, which special exception approval shall be granted for the use by the Zoning Board of Appeals according to the provisions for the particular special exception use set forth in this Article or elsewhere in this chapter. Any land use, including the erection, construction, reconstruction, alteration, demolition, moving, conversion or change of use of any structure, shall be a special exception use requiring a special exception approval if the text of this chapter or the use schedule hereof denotes the use as being either the subject of a special exception approval or simply a special exception use. No building permit for any such special exception use shall be issued until the required special exception approval shall have been granted for the same and the conditions imposed in such approval as prerequisites to a building permit, if there be any, have been met. § 100-262. Application; hearing; approval; violations of conditions. A. An application for a special exception approval shall be on the form for the same provided by the Zoning Board of Appeals and shall be submitted in triplicaSe to the Zoning Board of Appeals, which shall review the application for completeness and conformity with this chapter. The Zoning Board of Appeals shall reject the application if it is not complete or not in conformance with the Zoning Code and shall notify the applicant as to the reason for such rejection. If the application is satisfactory, the applicant and the Zoning Board of Appeals shall set the application down for a public 10159 ~o-25-9s 100-262 SOUTHOLD CODE § 100-262 hearing. The fee for a special exception shall be four hundred dollars ($400.), as set forth in § 100-274. [Amended 4-10-1990 by L.L. No. 4-1990; 12-11-1990 by L.L. No. 29-1990; 9-8-1993 by L.L. No. 19-1993] Prior to taking action on any special exception use, the Zoning Board of Appeals shall schedule a public hearing within forty-five (45) days after determination that the application is complete. Within sixty (60) days following the close of the public hearing, the Board shall render a decision on the application. [Amended 6-15-1993 by L.L. No. 10-1993] [Amended 6-15-1993 by L.L. No. 10-1993] Effect of approval. A special exception approval issued in accordance with the provisions of this Article shall authorize only the special exception use for which the approval is granted. No use which is not a special exception use hereunder shall be authorized by any such approval. The approval may include reasonable conditions which the Zoning Board of Appeals determines to be necessary or appropriate to ensure that the applicable general and specific standards and safeguards set forth in this chapter for the use can and will be met and/or adhered to. A special exception approval shall be valid for a period of six (6) months but may be extended for one (1) additional six-month period by the Zoning Board of Appeals within the requirement of new public notice of hearing. A continuing or permanent land use authorized by a special exception approval, which use is undertaken or begun during the period of validity of such approval, shall thereafter be deemed a lawful use as if the same were permitted by this chapter without need for a special exception permit; provided, however, that: (1) All conditions imposed by the special exception approval shall continue to apply unless they, by their express terms, are of limited duration. 10160 ~o - 2s - ~3 I § 100-262 (2) ZONING § 100-262 All conditions imposed on special exception approval uses generally or specifically by this chapter shall continue to apply, regardless of whether any such (Cont'd on page 10161) 10160.1 § 100-262 ZONING § 100-263 conditions were expressly incorporated into the special exception approval. (3) The Zoning Board of Appeals shall retain continuing jurisdiction over the same. D. [Amended 6-15-1993 by L.L. No. 10-1993] Violations of conditions. A violation of any limitation or condition of a special exception approval or of any provision of this chapter applicable to a special exception use shall constitute a violation of this chapter. The Zoning Board of Appeals shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one (1) or more new conditions, all on the following grounds: (1) False statements or mistake of material fact: materially false or inaccurate statements in the application, supporting papers or supporting testimony or ignorance or misunderstanding of a material fact by the Board, which fact, had it been known to the Board at the time of its review, would have resulted in a denial of the apprOVal sought. (2) Noncompliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of the approval. (3) Activity beyond such approval: exceeding the scope of the activity, use or project as the same was described in the application. § 100-263. General standards. [Amended 6-15-1993 by L.L. No. 10-1993] No special exception approval shall be granted unless the Zoning Board of Appeals specifically finds and determines the following:. 10161 8-2b-93 § 100-263 SOUTHOLD CODE § 100-264 A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. § 100-264. Matters to be considered. In making such determination, consideration shall also be given, among other things, to: A. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. B. The conservation of property values and the encouragement of the most appropriate uses of land. C. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue increase of vehicular traffic congestion on public streets, highways or sidewalks to assure the public safety. C 10162 § 100-264 ZONING § 100-264 D. The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use. E. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. F. Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the town or by other competent govern- mental agencies. H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. I. Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefor or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot. J. Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. 10163 s-25-ss § 100-264 SOUTHOLD CODE § 100-270 L. Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly. M. Whether the site of the proposed use is particularly suitable for such use. N. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. O. Whether adequate provision can and will be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the proposed use will generate. P. Whether the natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. § 100-265. Additional conditions and safeguards. [Amended 6-15-1993 by L.L. No. 10-1993] In deciding on any application for a special exception use, the Zoning Board of Appeals may impose such conditions and safeguards as it deems necessary or appropriate to preserve and protect the spirit and the objectives of this chapter. ARTICLE XXVII Board of Appeals [Last amended 1-10-1989 by L.L. No. 1-1989] § 100-270. Appointment; membership. The Town Board shal! appoint a Board of Appeals consisting of five (5) members, as provided by the Towr, Law. 10164 C § 100-271 ZONING § 100-272 § 100-271. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: A. Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. C. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and aider notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. D. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any town officer, board or agency, to decide any of the following:. (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. § 100-272. Additional conditions and safeguards. In deciding any matter before it, the Board of Appeals may impose such conditions and safeguards as it deems necessary or 10164.1 s-2~-93 § 100-272 SOUTHOLD CODE § 100-274 appropriate to preserve and protect the spirit and the objectives of this chapter. § 100-273. Rules of conduct and procedure. The Board of Appeals shall, consistent witt~ the determine its own rules of conduct and procedure. law, § 100-274. Fees. [Amended 2-11-1990 by L.L. No. 29-1990; 11-24-1992 by L.L. No. 30-1992] Applications to the Board of Appeals for any relief herein shall be accompanied by a fee as hereinafter provided: ~ For applications involving fences, accessory structures or accessory buildings, alterations or additions containing less than two hundred (200) square feet in floor area, the fee shall be one hundred fifty dollars ($150.). B. For all other applications, including those involving commercial property, containing a single request [for example, an application requesting one (1) variance or an application requesting a special exception], the fee shall be four hundred dollars ($400.). C. For applications containing more than one (1) request, such as an application requesting an area variance and a width variance, the fee shall be six hundred dollars ($600.). D. For applications for interpretations on appeal from an order, decision or determination of an administrative officer, the fee shall be two hundred dollars ($200.) for each section of the Town Code for which an interpretation is requested. E. For applications for variances from Town Law § 280-a (rights-of-way), the fee shall be two hundred fifty dollars ($25O.). C 10164.2 s-25 FAX 516 727 7451 PETE~ DANO~$KI L~W OFFICE':; PETER S- DANOW':JKI, JR $18 ROANOKE AVENUE P. O, I~OX 779 (516) 727~ F~ (~16} 727-745~ ~004 MICHAEL T. CMF;ORD OF OOUt'~EL Auto,st 18, 1993 Louis C. England Esq. 2556 Ziddle ~o~nt~x Centereach, NY zx 20 ~e; A~$hu~z ~0 ~imDone and Andresen & % Dear Lou: Be advised ' ~ purchasers have completed their Zoning Board of Appea!~ application for a required variance and special exception use. I will a~pear with them on Au~S~ 18, 1993: surveys have been ,completed. The New York State DEC is soo:: to conduct ~n investigation to ~ocate wetlands. The Planning Board has met my clients to discuss their site pleD. The application is proceeding before the Plap~iBg Board and should move fo~ard once the %BA has rendered a favor-~ble decision, which is expected. A Health Department application has been filed and per~issicn shculd be granued once the New York state DgC provides a letter of no jurisdiction after inspection of the property. will forward aDy approvals as ~hey come in. % would ask you :o extend the ~ime ~o close in ~his matter beyond =ne 30 day period contained in paragraph 32 of ~he contract My clients are anxious ~o close and operate = .... ~ that :he building veterina~/ ?:o~p~.a.. However, . ~m not perl~it will issue by September 1, 1993. My clients are also obtalnlng financing through Suffolk County National Bank in Riverhead with regard tc t~e land purchase and construction. i enclose copies of ~he Planning Board's notice of Au~st 12, 1993 and thezr accompanying letter, for your c~ file. Ve~ truly yours. P~ER S. L~OWSKI, jR. .11/04/93 12:15 FAX 516 727 7451 PETER DANOWSKI ~003 ENGLARD & ~GLAND, RC. August 23, 1993 Peter S. Danowski, Jr., Esq. 616 Roanok~ Avenue P.O. Bo~ 779 Rlverhead, New York 11901 Re: Anshutz to TfmDone Deaf Peter~ I received your letter dated August 18, 1993, regarding the above matter and noted the contents thereof. I hereby extend paragraph 32 of the contract of sele for an additional 30 day Deriod uD to and including the 1st day of October, 1993. Thank you for your letter and enclosures. LCE/J1 · Very truly yours, ENG~LAND & ENGLAND, P.C. PETER S. DANOWSkl. JR ROBERT F KOZAKIEWICZ LAW OFFICES PETER S, DANOW"3K 6!6 ROANOKE AVENUE P. O BOX 77~ RIVERHEAC, NY 1 lg0~ (516) 727,,4909 FAX (516) MICHAEL T. CLIFFORD OF COUNSEL November I. 1993 Board of Appeals TOW~ of Scu~hold Town Hall - 53095 Main Read P.O. Box 1179 £outhold, New Ycrk 11971 ~ttn: L}~da Kewalski Re: John E. Andresen Charles TimDone Veterfnary HosDital Dear Linda: Find enclosed extension of con%ract and closing date. The contract is still in force and effect, unless we fail to close, at,er receivrng a "law date ~.et~e~ calling for a closing date 30 days hence. Nc suck "letter" ~)as been received. Very truly y~urs, PETER o. D~;OWSKI, JR. PSD:gsg ~ncls. 11/04/93 12:14 FAX 727 7451 PETEI~ DANO~.I~S K 1~,,~ ~]001 tAW O~F[:~ PE:TER $. DANOWSKI, JR. e16 ROANOKE AVENUE p.O. 60X T/9 RIVERHE~O, ~ 11~1 aOaE~T F. ~OZ~W~CZ FAX (516) 727-7451 FI~OM: DATE: FAX NO.: RE: TEL.ECOMMONICA. TION COVEI~ SH~.ET p~,£-~.~. S. DANOWSK. I t JR. ~. ESQ. N~m~ber of Pages, Includ£ng This Page: If yOU have any problems wlch this ~elecemmunica=ion, please M ~lak'l. T. CUF~O COMMENTS: R~SPON~E: 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 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 JOHI~ 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 100-3lB(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. ~ 87 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 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 100-31B(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, approved by the Southold Town Planning Board, for permanent recordkeeping purposes to the Office of the Board of Appeals before commencement of construction activities. as Vote of the Board: Ayes: Messrs. Goehringer, Doyen, 'Dinizio, Villa and Wilton. This resolution was duly adopted. ~~6~ 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 November 19, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 M.i. 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. 4200 - Amended Special Exception (Andresen) Dear Mr. Danowski: Please find attached a copy of communications transmitted to our office from the Suffolk County Department of Planning which results from their review in accordance with the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconic Bay area and its tributaries. You will note that the County has left this project for local (Town) determination. This copy is for your update and recordkeeping. Very truly yours, Enclosure Linda Kowalski DEPARTMENT OF PLANNING COUNTY OF SUFFOLK RomENT J. GAFFN£Y SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I.C,P. DIRECTOR OF P%ANNIN~i November 17, 1993 Town of Southold 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) Andresen, John E. 4200SE Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner DEPARTMENT OF PI~NNING STEPHEN M. JONES. A.I.C.P. November 17, 1993 Town of Southold Zoning Board of Appeal· Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Adm/nistrative 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 determ/nation should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(·) Andresen, John E. 4200SE Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Ne~mmn 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 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 Purstmnt to i~cle )crv of the Su~ffolk Cotunty Ac~strative Comte, ~ne Board of Appeals of the ~%~wn of Sout_hx)ld, New York, herek5, refers the following to the Suffolk OD%unty Pla_ruling C~mdssion: __ Variance f~om the Zoning Code, Article , Section __ Variance from Determination of Southold Town Building Inspector ×× Special Exception, Article III , Section 100-31B(I0) ~ Special Permit i~endment to #4187SE Appeal No: 4200 SE Applicant: John E. Andresen Location of Affected Land: 1625 Main Road, 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) XX 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 Comments: Applicant is requesting permission.to amend Special Exception under Article Iii, Section 100-3lB(10) to include new large-animal wing and other revisions as shown on site plan =.~nnended Sept. 30, 1993. Copies of Town file and related documents enclosed for your review. Dated: November 16, 1993 APPEALq BOARD MEMBERS Gerard E Goehringer, Chairm.. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD November 12, 1993 SCOTT L. HARRIS Supervisor Town }-I.II; 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. No.' 4200 - John E. Andresen and Others Special Exception as Amended Dear Mr. Danowski: EnclOsed please find a copy of the determination rendered Monday evening, November 8th, by the Board of Appeals concerning the above application. 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 this determination to the Building Department and Planning Board for their update and permanent recordkeeping. Also, since this project is located along a N.Y.S. 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 special exception projects. Very truly yours, Linda Kowalski, Clerk Southold Town Board of Appeals Enclosure Copies of Decision to: Building Department Planning Board Suffolk County Department of Planning 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 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. 4200-SE. 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 extended to the present time period). Page 2 - Appl. No. 0-SE as Amended 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 fOr a relief from this front yard was filed simultaneously with this application - see Appeal No. 4186}. ?a~e 3 - Appl. No. )0-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 100-31B(10) of the Zoning Code, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Medical treatment of animals must be conducted internally, inside the Drincipal 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 purposes to the Office of the Board of Appeals before commencemgnt of construction activities. 5. The front yard setbacks from the southerly property as Page 4 - Appl. No. ~0-SE as Amended Matter of 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. GOEHRIN~ER, CHAIP. MA~ Pa~e 4 - Appl. No. g0-SE as Amended Matter of John Andre~en 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 / RECEIVED AND ~/LED BY THE SOUTHOLD TOWN Cr.~.RK Town Clerk, Town of Southold GERARD P. GOF~IRIN~ER, cHAiRMAN Telephone (516) 765-1938 October 26, 1993 SCOTT L. HARP, S Supen~r Town Hall, 53095 Main ROad P. O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE ~ F~ {516! ~,~5 1823 John Andresen, DVM Church Lane Aquebogue, NY 11931 Re: Proposed site plan for Mattituck-Laurel Veterinary Hospital SCTM# 1000-127-2-5.1 Dear Dr. Andresen: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday October 25, 1993: WHEREAS, Charles A. Timpone is the contract vendee of the property known and designated as Mattituck-Laurel Veterinary Hospital, located on Franklinville Road in Laurel, SCTM# 1000-127-2-5.1; and WHEREAS, a formal application for the approval of this site plan was submitted on August 1, 1993; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency, and issued a Negative Declaration on September 13, 1993; and WHEREAS, a variance and special exception was granted by the Zoning Board of Appeals on August 18, 1993; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; and now therefore Page 2 Mattituck-Laurel Veterinary Hospital October 26, 1993 BE IT RESOLVED, that the Southold Town Planning Board grant conditional final approval, with a one year review from date of building permit, and authorize the Chairman to endorse the final survey last revised on September 30, 1993, subject to certification of the site plan by the Building Inspector In Charge. This ondition must be met within six (6) months of the date of this resolution. Please contact this office if you have any further questions. Sincere!Y, .. ~icnar~ G. Ward Chairman enc. cc: Thomas Fisher, Building Inspector In Charge Scott Russell, Board of Assessors PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchte Latha,~ Jr. Bennett Orlowskt, Jr. Mark $. McDonald Kenneth L. Edwards Telephone {516] 765-1938 TO: FROM: DATE: RE: Town Hall, 53095 Main Road P. O. Box 1179 Southokl, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Gerard P. Goehringer, Chairman, Board of Appeals Richard G. Ward, Chairman~/~ October 25, 1993 Fax (516) 765 - 1823 Request for review of revised site plan in connection with Special Exception No. veterinarian office and animal hospital. SCTM# 1000-127-2-5.1 4187-SE for Please review the above referenced request and advise this Board if the revised site plan dated September 30, 1993, (attached) meets with the Special Exception granted by the Board of Appeals on August 18, 1993. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chair~-- 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 Supe~isor Town Hall, 53095 M, in Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) '/65-1800 TO: 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 req~/ired 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 PETER S. DANOWSKI~, JR. RO~RT F. ~QZAKSEWtCZ LAW OFFICE': PETE:R S. DANOWSK~, JR. s~8 ROANOKE AVENUE RIVI;RH~AD. NY FAX (516) OF COUN=~L August 18, 1993 Louis C. England Esq, 2556 Middle country Rd. Centereach, NY 11720 Dear Lou: Be advised the pu:chasers have completed their Zoning Board of Appeals application for a required variance and special exception use. I will appear with them on August 18, 1993; surveys have been completed. The New York State DEC is soon to conduct an investigation to locate wetlands. The Plarming Board has met with my client~ to discuss their site plaD. The application proceeding before ~he Planning Board and should move fo~ard once the ZBA baa rendered a fa~;orable decision, which is e~pected. A Heal=~ Department application has been ~iled and perr~ission should be granted once %he New York State DEC provides a letter of no jurisdiction after ins9ection of the property- will forward an}' approvals as they come in. I would ask you ~o exuend the time ~o close in this matter beyond the 30 day period contained in paragraph 32 of the contract. My clisnus are anxiouz to close and operate the veterinarY hosoita!. ~owever, I a~ not sure that =he building permit will issue by Septs.~ber 1, 1993. My clients are also obtaining financing ~hrough Suffolk Counuy National Bank,in Riverhead with regard to the land purChase and constfuc~:~on. i enclose copies of ~he planning Board's notice of AuguSt 12, 1993 and their aCcOm9anyone letter, for your own file. Very truly yours, PETER S. DANOWSKI, JR. GLAN & ENGLANd, P.C. 23, 1993 616 Roanoke Avenue P.O. Box 779 Riverhead, New 'fork 11901 Re: An~hutz to Ttmpone Dear Peter: I received your letter dated August 18, 1993, above matter and noted the conten~s thereof. I hereby extend paragraph 32 of the contract of additional 30 day period up to and including the O~tober, 1993. Thank you for your letter and enclosures. regarding the day of nc /jl · Very truly yours, ; EN(~%ND & ENGLAND, P.C. (./ UOUIS C. ENGLAND~ (~ ENGLAND, P.C. ~ave~ber 4, 1993 6X6 Roanoke Avenue P.O. ~o~ 779 ~iverhead, New York ~1901 ~e: Anshutz to Timpone and Andresen, et al. ex=end yom= clients' time to close on the ebove mattm= until December 1, 1993. ~ ~~NOLAND, P.C. LOUIS C. ~NGLAND ~ p~'r~R $. DANOWSK!, ,JR RO~EflT F. KOZAKII~w~CZ M;CHA~L T. OF COUR~L August 18, 1993 Louis C. England Esq. 2556 Middle co~nt~ Centereach, ~f 11720 ~et Anshut= to Timmome .and Andr~sen Dear Lou: Be advised the purchasers have completed their Zoning Board of Appeals application ~or a required variance and special exception u~e. I will appear with them on August !8, ~993; su~,eys have been completed. The New York State DEC is soon to conduct an investigation to locate wet~an~$. The pla~ing Board has ~et with ~! clienus to discuss ~heir site pleD. The application ts proceeding before the Planning Board and should move fo~ard once the ZBA has rendered a ~avorable decision, which is expected. A Heal~h DeDartmenn app!ication has been ~iled and permission should be granted once uhe New York State DEC provides a letter of no jurisdiction after inspection of the proper=y. I will forward any approvals as =hey come in. i would ask you ~o exuend the time ~o close in this maurer beyond ~he 30 day [~e_riod contained in paragraph 32 of the contract. My clienus are emulous to close and operate the veterinary hospital. However, I ~ not sure that =he building permit will issue by September t, 1993. My clients are also obtaining financing ~hrough Suf~oik Counuy National Ban}: in Riverhead with regard to the land purchase and cons~rucx~ion- i enclose ccpie~ of ~he Planning Board's notice of AuguSt 12, 1993 and their accompanying letter, ~or your ow~ file. Ve~! truly yours, P~TER S. DANCWSKI, JR. PSD:gsG Peter $. Oanowski, Jr., Esq. 616 Roanoke Avenue P.O. Box 779 Riverhead, New 'for~ 11901 August 23, 1993 Re: Anshutz to Timpone Dear Peter: I received your Letter dated August 18, 1993, regarding the above matter and noted the contents thereof. I hereby extend paragraph 32 of the contract of :sale for an additional 30 day period up to and including the 1st day of October, 1993. Thank you for your letter and enclosures. · Very truly yours, ENO'LAND & ENGLAND, P.C. ENGI~\~D & ENGLA~\rD, P.C, .~,'ITO P,R~Y~ ,iT htVt November 4, 1993 P.O. Box 779 ~iverhead, New York Rm: Anshutz to T~m~one and And=asea, et al. ~n response to your letter dated November 1, 199~), I hereby extend you~ clients' time =o close on the above matra= until December 1, 1993. ,Vez7 truly yours. APPEALS BOARD MEMBERS Gerard 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 MEMORANDUM SCOTT L. HARRIS Supe_,wisor Town Hall, 53095 M.in Road P.O. ROx 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Richard G. Ward, Chairman Town Planning Board ~ Jerry Goehringer, Chairman/ Town Zoning Board of Appeal~ October 27, 1993 Pending Site Plan - John Andresen and Others Main Road & Franklinville Road West, Laurel This memorandum is being sent as an update to communications received yesterday (from Bob Kassner, Site Plan Reviewer) concerning the above application. We concur that the applicant should not be prevented from receiving action for final site plan approval from the Planning Board for an outstanding determination or review by the ZBA concerning the Special Exception for the expansion of the building. The only condition of this approval, we understand is for a certification from the Building Inspector (which is expected shortly after the Board of Appeals determines the need or otherwise approves the pending application for an emended Special Exception). The Building Inspector at the time of receiving the emended plan last week reviewed the town files, and shortly thereafter the Planning Board sent a memorandum inquiring whether or not the new plan, as emended 9/13/93 and 9/30/93, conforms to the Special Exception determination and understanding of the ZBA at that time. A determination will be made by the ZBA during a public hearing advertised for November 8, 1993 as requested by Peter Danowski, attorney for the applicant. cc: Building Department l!~04.-'95 13~33 F^X 516 727 745~1 I~I~I~TtAA~OW~K! ~]~z. Pe=er ~. Danqwsk$, Jr,, Esq, f16 Roanoke Avenue P.O. B~x 779 ~lverhead, New York 1~90~ Ret ~nshutz to Tim~Ome and Andresen, et November 1, 199:~, I hereby on the above mat~m= until truly yours. ~ENGLAND, P.C. 11×04/93 [2:24 F.,~X 516 727 7451 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 12901 August 23, 1993 Re: A~ahutz to Tlmpone Dear Peter: I received your Letter dated Augus~ 18, 1993, re,~azding the above matte/' and noted the contents thereof. I hereby exsend para~rap~ 32 of t~e contract of :sale fo~ an additional 30 day period up to and in~ludin9 the !st day of October, 1993. LCE/3 1 Very truly yours, PE'TER $ DANOWSK!, JR. MOE~RT F Y,,OZAKIEwICZ LAW OFFICES PETER $. DANOW,~KI, Sl& ROANOI(E AVENUE P. O. ~X ~g RIV~RH~O. NY tl~l (616) 7~74900 FAX (5161 727-7451 Ul CHA~:L T, CIJFFORO OF COUNSEL Auqus% 18, 1993 Louis C- England Esq. 2556 Middle country Rd. Centereach, h~ 11720 Re: An~hutz ~o Tim~o~a Dear Lout Be advised ~5he purchasers have completed their Zoning Board o~ Appeals application for a recruited variance and special exception u~e. I will appear with them cn AuguSt 18, 1993; surveys have been com9leted. The New york Suate DEC is soon to conduct an investagatl~n to locate wetlands. ?he Plann~.ng Board ha:~ met with my clients to discus~ choir s:.te pla4n. The application :s proceeding be!:ore the ?la~ing Board and should move fo~ard once the Z~A has rendered a ~a';orable dac~s:on, which is e:cpected. A HealtJ~ Departmen5 applicac:on has been ~iled and pe~r~i~sion should be tranced once the New York Scare D£C. Drovides a ~etcer of no ~urisdic%~on a~ter LnsDectLOn of the property. ~'~ forward any approva£s as they come in. ~ wo~id ask y.o~ ~o exceed the t~me to close in Chis matter bevo~d the 30 day period conaained [n paragraph 32 of the -' ' the building contract. My .~.l~nt= ,%re ap~Aous to .close a~d operate ve~erina~=' hosp~.=a~ However, I ~%ra ~ot sure that *Qn~ My clients are also permi~ will issue by September 1, i-~- . obtaining ~inancing through Suf~oik County National Ban): in Riverhead wlth regard t: the land purchase and construct:ion. i enclose copies of ~he PLanning Board's no~ice of AuguSt 12, 1993 and their accomDany!ng let%er, for your own file. Ve~! truly yourS, PETER S. DANOWSKI JR, P~D:gsg 11,'04,'9~ 12:~4 F,~X 516 727 7~¥?~ LAW OFFICES S~ DA N O:W,~,K~, ROANOKE AVENUE P, O. BOX 71'9 RIVERHEAD. NY 1 ~ ~1 (516) 727-4900 FAX (516) 727-}'451 ~ELECOM~NICATION CO,,VER _SHEET 'PO: LLnda - Board of Appeals OF COUNSEL FROM: Peter E. Danowski, J=., Esq. DATE; ,~]ovember 4, 1993 RE; Andresen and Timpone FAX NO.: 765-1823 Nus~>er of Pages, Inc!~ting This Page: 4 If you have any problems with this .... t · Gail telecommunication~ please ~onto~ .... ROBERT ~: KOZAW, IEW,~Z LAW OFFICE& PETER S. DANOWSKi, JR. 616 ROANOKE AVENUE P. O. BOX ?/9 RIVERHEAD. NY 1 I~01 6AX (516) ~27-1451 MICHAEL T CLIFFORO OF COUN~L November i, 1993 Board of AF,peals Town of $outhcld 'Iown 1i~1i 53095 Main Road P.O. Bo× 1179 $outhold, Hew York I]971 John E. Andreaen Charles TimDone Veterinary Hospital Dear L~,',da: ['ir, d enulo:~e,J ~-xt~nsion of ,;,onti~ct and closing date. .......... < - still in force and eftect unles.~ we fail after l=,iel~lll(j a law date ~.~;ttel c,~l!ing for a l=[~e, has been received ,~ate 3G d~yS hen~'~ No such "'- Encls. 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 titl~ to o~ possession of the premises. CONTRACT OF SALE mad~ ss of the ~ day of~,1993. BETWEEN THOMAS N. ANSHUTZ JR. Address: P.O. Box 1108, Mattituck, New York 11952 hereinafter called Address: hereinafter called "PURCHASER", "SELLER", who agrees to sell, and CHARLES TIMPONE and~ TIMPONE, an husband an~ wife, and JOHN ANDRESEN and MARIBETH ANDRESEN, husband wlze, 360 Sigsbee Road, Mattituck, New York 11952 and (no ~) Church Lane, Aquebogue, NY 11931, respectively, 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, lying 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~ltuck 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 (Frankiinville 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 Rail, South 44 degrees 04 minutes 19 seconds East 195.70 feet to the Northwesterly side. of Riverhead '- Mattituck 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, in streets and unpaid awards as set forth in Paragraph 9. 1. a. The purchase price is: '?'.. SEVENTY THOUSAND AND..90/100 DOLLARS On'the signing of this contract,''~ ' by'Check subject to collection: SEVEN TNOUSAND AND 00/100 DOLLARS ' $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 00/100 863,000.00 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 the 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 aa 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 corporation 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 a~ defined in Section 274-a, Real Propcrty Law, it may, instead of th~ 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 b~come 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 (5) 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 any 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: (i) examining the title, (ii) any appropriate additional searches made in accordance with this contract, and (iii) survey and survey inspection 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~igation, 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 cancelled except in writing. The contract shall also apply to and bind the distributees, heirs, executors, administrators, successors and assigns of the respective parties. Each of the 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 SELLER 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 any action or proceeding or otherwise to render title to the premises marketable and insurable. 25. All notices required to be sent to the SELLER hereunder shall be in writing addressed to the seller's attorney. 26. The deposit 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 struOtures, 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 understandings 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. 30. 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: losing 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: PETER S. DANOWSKI. JR. ROBERT F. KOZAKIEWlCZ LAW OFFICES PETER S. DANOWSKI, Jr. 616 ROANOKE AVENUE P. O. BOX 779 RIVERHEAD, NY 11901 (516) 727-4900 FAX (516) 727-7451 MICHAEL T. CLIFFORD OF COUNSEL October 25, 1993 Town of Southold Zoning Board of Appeals Main Road Southold, New York 11971 Re: Veterinary HosPital (John E. Andresen) Dear Sir or Madam: Today I received a phone call from Robert Kassner of the Planning Board office. I am advised that my clients' site plan is on for approval this evening. Since the last Zoning Board of Appeals public hearing date, ~5' clients have been in discussion with planning staff, building contractors, architects, et al., and have made revisions to the plan. The general purpose remains the same, with a large animal wing being identified on the new plan and the parking being shifted from the northerly side of the property to the westerly side. As was indicated at the Zoning Board of Appeals hearing, there is no intention of doing anything other than treating large animals on site. I believe in our discussions with the Zoning Board, a question arose concerning paddocks, and I responded that large animals would be treated on site in emergency situations. In considering alternative methods of building construction, it is now felt best to re-design the building, as indicated in the latest plan of our consulting engineer, Mr. Kalogeras. Since it would appear that the building setbacks require no greater relief than that which was originally granted, I am not sure that a new separate application and hearing is required. However, I am also filing this application as promptly as possible so that no further delay will take place. The application itself Town of Soutyold Zoning Board of Appeals Page 2 October 25, 1993 is the same, with the only change being the more detailed site plan, which has been scheduled for final approval this evening. Very truly yours, PETER S. DANOWSKI, JR. PSD:gsg HAND DELIVERED APPEALS BOARD MEMBERS Gerard P. Goehringer, Chalrmsn Ser~e Doyen, Jr. James Dinizio, Jr.. Robert A. Vills R~.l~.~d C. Wilton Telephone (516) 765-1809 BOAHDOFAPPEALS TOWN OFSOUTHOLD October 26, 1993 SCOTTL. HARRIS Supervisor Town Hall, 53095 l~.i. Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1860 Peter S. Danowski, Jr., Esq. 616 Roanoke.Avenue ' P.O. Box 779 Riverhead, NY 11901-0779 Re: Appl. No. 4200 - Andresen and Others Application for Amended Special Exception Dear Mr. Danowski: We are in receipt of the above-noted application requesting a Special Exception amendment to include an expansion of the veterinarian uses. Copies have been distributed to the Board Members for additional review and inspection, and the application has been calendared for the November 8, 1993 Regular Meeting. A copy of the Legal Notice is attached for your records. Please have someone appear in behalf of the applicants at · the time specified. This public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available if needed. If your presentation- is lengthy, a draft or final written copy is always appreciated, and additional time will be available for your presentation, if needed. Documentation may be added to the Town file to support this application either before or during the public hearing. Please note that amendments for other relief are permitted only by separate application, if deemed necessary. The attached Legal Notice describes only the request being made in the application as filed. If you have any questions or wish to update your file prior to the hearing date, please feel free to contact our office. Yours very truly, Enclosure Linda Kowalski Clerk, Board of Appeals APPEALS BOARD MEMBERS Gem.~ R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Rieh,,d C. Wil~on 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 TO: FROM: DATE: SUBJECT: Building Department Thomas J. Fishel, Department Head Linda Kowalski, Clerk, Board of Appeals October 26, 1993 Appeals Filed and Processed for Public Hearings to be held November 8, 1993 In accordance with the requirements of Town Law, please let this confirm that applications have been filed concerning Notices of Disapproval issued by your office, and that the attached Legal Notice confirms the time and specifics of each appeal hearing being held on November 8, 1993. Our files are available to you at any time should you wish to co~ent or otherwise add information to the file. It is our understanding that you have waived copies of each file from our office. Should this policy change, please notify us. Thank you. Attachment PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD November 8, 1993 Pres e n t : (7:30 p. m. HON. GERARD P. GOEHRINGER, SERGE DOYEN, Member JAMES DINIZiO, JR., Member ROBERT A. VILLA, Member RICHARD'C. WILTON, Member Hearings Commenced) Chairman LINDA KOWALSKI, Clerk-Assistant to Board ZBA HEARINGS 11/8/ 36 APPLICATION NO. 4200 - JOHN E. ANDRESEN AND OTHERS. 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. 8:30 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a copy of several maps, one involved in the Planning Board, and the most recent one that we are dealing with is the amended plan of August third, is that correct? Well, it is different from the plan that we originally ZBA HEARINGS 11/8/93 37 had, probably not the dimension though; and I have a copy of the actual floor plan of the new wing that is in question here; and a copy of the Suffolk County Tax Map indicating this and surrounding properties. Mr. Danowski, you are on. Appearance: Peter Danowski, Esq., for the Applicants MR. DANOWSKI: Thank you. Good evening, and Mrs. Andresen is not a potted plant either, and we have a lot of supporters here tonight. I don't know that it is necessary to have the people come up in support of the application. I don't know if anyone will come up in opposition; but they will be held in abeyance. I originally came before you a month or two back; and since that time I have not done anything further on the application until the day of the Planning Board meeting when a resolution of approval was passed. In between my clients themselves, with their engineering consultant, have met on several occasions with the Planning staff and as a result of input from the Planning Board and Planning staff, revised the plan. It is revised, as you have indicated in the public notice, with regard to the sizing situation, the location of parking. It is probably a natural cultivation of a process of discussions with Planning staff. As probably similar to every other Town, when you are first told you have to come to a Zoning Board or a Planning Board, you start out with the Zoning Board ZBA HEARINGS 11/~/93 38 for the obvious reason that if the use is denied, there is no sense spending any further money on detailed engineering and architectural plans. So, as with this case, and in most cases, we came before you and asked permission for a setback variance and a use variance, and that was granted. We then went to the Planning staff and Planning Board, and that culminated in a resolution of approval from the Planning Board. The day of the Planning Board evening meeting I received some communication; as a result of that I formed a letter to this Board, and I have to commend the representative here, who helped expedite the processing of getting it on for a public meeting as quickly as possible. They rerevealed the plan because it was my information that this Board would like to see and review and discuss the amended plan; and we certainly have no objection to that. We are just trying to hustle it up so that we can get our bills of permit, bank approval, close on the property, and build the building-- again, before the freezing temperatures set in. It should be pointed out that when we first started out, even though we might have been able to come before this Board very simply with a survey without a building plot on it, that we thought best at that time to indicate to you what we thought the best location for the building would be, and indicate a footpr.int o~ the buildinq. The footprint that you saw was a result of our belief that the most expeditious way to construct ZBA HEARINGS 11/84 39 the building and perhaps the most economical way was to do a modular type of building that would lend itself to --I started to say in lawyer's words-- rectangular shapes, and that is what was depicted on our plan. We have since found out that, after some input from the Planning Board and other consultants, that it turned out it may be even more reasonably priced to proceed with a stick-built construction; and it turns out no one could deliver the fast delivery time for the modular construction in any case; so we have really changed the appearance of the building to make what we think is a more attractive design; and we intend at this point to not do modular construction. Therefore, you see a change in the shape of the building; and in discussing different things that came on before the Planning staff, the amended footprint was added to the plan, and things like the location of parking were changed around. That is in the natural progression of things before the Planning Board. However, it should also be pointed out, the same request that was made initially is really back before this Board again; and that is you still need only the 30-foot setback distance and we still have the same mutes (phonetic), so I don't know, other than the fact that we are in agreement that we have no problem with this Board re-reviewing the application, it really is ~ot a different application than that was b~fore you before with the exception of the size of the building and the layout as designed; as approved by the Planning Board. ZBA HEARINGS 11/~/93 4O I am willing to answer any questions, if there is any misunderstandings or misstatements in there that may have been-- THE CHAIRMAN: No, we certainly haven't changed our philosophy, and at this particular time you very rarely see me speak for the entire Board, but nobody has indicated to me that there has been any change. I think just in general, you should be aware that this type of situation occurs quite typically with our wineries in this Town, which are by nature a special permit also, okay. They at times are before us with a similar type of situation. Of course, already one building is built; then they are building another one. In this particular case, the large-animal wing ended up to be a larger or different configuration with more stalls in it and so on and so forth, than what preceded before. All right. To bring everything into perspective, it only makes sense to dot the I's, cross the T's, and so forth; and that was the main reason I take it upon myself to have you bring this application in and complete it in its total form; and that was MR. DANOWSKI: THE CHAIRMAN: the reason why we did it in this case. Again, we are here to answer questions. I will ask the Board at this time if they have any questions of either the applicants, who are both here, and their attorney concerning this plan. Bob and members? Other than that it is hot in here. My only question is the same question I had before, and that is, the actual keeping of any large animals outside. ZBA HEARINGS 11/8~3 41 MR. DANOWSKI: Same answer. Other than the idea that you are treating large animals on occasion. Obviously it is an emergency situation, and not treat them on the farm itself. We don't plan on boarding horses on the property. We don't intend having a long-term stay of large animals. It wouldn't make any sense for us to do it. Sure, you operate on an animal, and he stands out for a day out before someone picks him up, for the recovery process, you may see an animal there for an isolated short period of time. But the word "paddocks" or the long-term stay of animals is not going to happen. So my response in the first part is the same response I have today, which is, No, we are not going to be boarding animals there at the hospital. Yes, there will be emergency treatment of large animals. They will be on-site and on occasion that animal may be seen standing outside. But, clearly the understanding should be --and even the statement on the plans was almost a surprise to our clients --Someone drew four lines and said four paddocks, not paddocks, stalls inside the building. I am not sure we are going to construct these so-called stalls inside the building and it will number four. That may happen, but we don't even plan on doing that so the word "paddock," the word "stalls,, the words keeping horses on-site-- I think the general intent back and forth between this Board and myself and my clients is, we don't intend to have long-term housing of large animals on-site. ZBA HEARINGS 3 42 speak MR. ANSHUTZ: Their land abuts mine. next-door neighbor. And I have absclutely no THE CHAIRMAN: Thank you. We will see what develops, if anything. Probably hopefully, nothing. MR. DANOWSKI: Thank you. THE CHAIRMAN: Is there anybody else who would like to in favor of this application? I am the fear of what they are going to do. There is only one thing I would ask him to do. THE CHAIRMAN: What is that? MR. ANSHUTZ: Hustle and pass it because I told my cat she can walk to the doctor. (Laughter.) THE CHAIRMAN: You do look like the same gentleman who was here at the last hearing. Thank you. THE CHAIRMAN: Is there anybody who would like to speak against this application? Seeing no hands, I will make a motion approving the application as applied for, with the same conditions as existed under the first decision. (Seconded and carried; see Clerk's Minutes.) NOTICE OF , ~ PUBLIC HEARINGS. ;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 MON- DAY, NOVEMBER g, 1993 commencing at the times :;ai .. I 7 40 p mj'APpi~ No:' ~199 :~t, ~; PETER PSYLLOS. Variance ilk:t0 the Zo~iih~Ordinance, Ar- !ticle III, Section 100-33 and Article XXIII, Section 100-231 for permission to locate pro- posed tennis court structure chogue, both at a height ~b~ve four-feet when located or near the front Location of Property: 25320 Main Road and Moore's Lane, i.cutchogUe, NY; County Tax Map District 1000, SectionI 109, Block 3, Lot 9, and Block 4, Lote 7.1. :~iI-i~,' :;~,~ ,!?,? '?'~ .The Board of Appeals wiH at said lime and place hear any, and ail 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. IfI ~ wish to feivew the files or .need to request more informa- tion, please call 765-1809 or ;visit our office. · enclosed with ten-foot high Dated: October 25, 1993. - fencing in the front yard area. I ~' '~* BY ORDER OF THE Location of Property: 28671 ,~,~, .~,..r'. SOUTHOLD TOWN Ruth Road, Mattituck, NY; ,;, :?(~ BOARD OF APPEALS County 'Pax M, ap No~ ,~ GERARD P. GOEHRINGER 1~_1~ I I lit 'dL~.i, ~ *' ~';~;~" "" ' ' LCHAIRMAN '~ 2.'"'~':4"~';~;~p~l~'N6. ~2~0' 'i:~,,' ' ,, .,BY Linda Kowalsh - JOHN E. ANDRESON ._ ~ :' ],:. 1X-10/28/93(I1) AND OTHERS. Request i0 ~ '~'"' ~ :~:'' .... amend Special ExceptiOn under Artic!e III, Section 100-3lB(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 Ex~ eption i' plan provided for a one-sWry, ~.3,584 s/b'.ft..,building fol' ~Wterinai~'~ffic'e ' and, Uses ¥:~elated to the veterinary ¢lini~ :The new plan shows a total floor area of 4,598 sq. ft~ at one-sto~y height. Location of ~proper~y: 1625 Main Road and Franklinville Road West, Laurel, N~ District 1000, Sec- tion 127, Block 2, Lot 5.1. The · area of this parcel is noncon- - forming at 59,984 scl. ft. in this ' ~- R-S0 Residential Zone District. 3. 7:50 p.m. Appl. No. 4201 - i.~N'ORTH FORK COUNTRY . .- ~.~ClMB. Variance under A, tide .:.:,-XXIII, Section 100-231 for f'Permission to build berm ~( along the westerly side of .:~'Moore's Lane (a/k/a Linden Cutchogue, and to the of Moore's COUNTY OFS iLK 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, has h~,en published in saicl Long Island Traveler-Watchman ,s.C~?'vet~,~mmen~ing on tho ..................... ';. Sworn Io before me Ibis ........... ~ ........ day of .... ..... Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806346 ~ualified in SuRotk County C,ommission Expires 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 MONDAYr NOVEMBER 8~ 1993 commencing at the times specified below: 1. 7:40 p.m. Appl. No. 4199 - PETER PSYLLOS. Variance to the Zoning Ordinance, Article III, Section 100-33 and Article XXIII, Section 100-231 for permission to locate proposed tennis court structure enclosed with ten-foot high fencing in the front yard area. Location of Property: 2867 Ruth Road, Mattituck, · NY; County Tax Map Parcel No. 1000-106-1-1.11. 2. 7:45 p.m. Appl. No. 4200 - JOHN E. ANDRESEN AND OTHERS. 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 Page 2 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of November 8, 1993 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. 3. 7:50 p.m. Appl. No. 4201 - NORTH FORK COUNTRY CLUB. Variance under Article XXIII, Section 100-231 for permission to build berm along the westerly side of Moore's Lane (a/k/a Linden Avenue), Cutchogue, and to build tee along the easterly side of Moore's Lane, Cutchogue, both at a height above four-feet when located along or near the front property line. Location of Property: 25320 Main Road and Moore's Lane, Cutchogue, NY; County Tax Map District 1000, Section 109, Block 3, Lot 9, and Block 4, Lot 7.1. 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 the files or need to request more information, please call 765-1809 or visit our office. Dated: October 25, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEH~INSER CHAIRMAN By Linda Kowalski x Page 3 - Notice o~earings Southold Town Boaf~'of Appeals Regular Meeting of November 8, 1993 Copies of Legal Notice to the following 10/26/93: L.I. Traveler-Watchman, Inc., (hand delivered 10/26) Courtesy copies to Times-Review by fax 10/26 a.m. 10/26/93 Original posted on Town Clerk Bulletin Board in Lobby Copies of files to Board Members 10/26/93 To the following 10/26/93: Building Department Individual Files Peter S. Danowski, Jr., Esq. (Re: Andresen & Timpone) 616 Roanoke Avenue, Riverhead, NY 11901-0779 North Fork Country Club, 25320 Main Road & Moore's La, Cutchogue, NY 11935 Corazzini Asphalt, Inc. (Re: Psyllos Tennis Court) 100 Lupen Drive, Cutchogue, NY 11935-0555 PLANNING BOARD MEMBERS Richard G. Ward. Chairman George Ritchle Latharn, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant SCO'[T L. HA~PJS Supervisor Town Hall. 53095 Main Road P. O. Box 1179 Southold. New York 11971 Fax (516) 765 - 1823 September 13, 1993 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: Proposed site plan for SCTM~: Location: SEQR Status: Mattituck-Laurel Veterinary Hospital 1000-127-2-5.1 State Route 25, Laurel Type I ( ) Unlisted ( X ) Yes ( ) No ( X ) Conditioned Negative Declaration: Description of Action: This site plan is for a 4,598 square foot Veterinary Hospital on 1.377 acres in Laurel. Page 2 SEQRA Negative Declaration - Mattituck-Laurel Veterinary Hosp. September 13, 1993 Reasons Supporting This Determination: This project involves the construction of a 3~656 square foot Veterinary Hospital on an existing vacant 59,984 square foot lot. The applicant has obtained a set back variance and a special exception to establish a Veterinary Hospital in this Low-Density Residential (R-80) Zone from the Board of Appeals, thus the proposed action is consistent with zoning. An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. There has not been any correspondence received from the New York State Department of Environmental Conservation in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. The applicant will have to comply with the requirements of the Suffolk County Sanitary Code (SCSC) and all relevant standards of water supply and sewage disposal systems. Design and'flow specification, subsurface soil conditions, and site plan details will have to be approved by the Suffolk County Department of Health Services (SCDHS). This impact is not considered significant due to the anticipated projectcompliance with established requirements of the SCSC and the SCDHS and the required relevant permits. For Further Information: Contact Person: Robert G. Address: Planning Board Telephone Number: (516) cc: Kassner 765-1938 Thomas Jorling, DEC Albany Suffolk County Dept. of Health Services Judith Terry, Town Clerk Southold Town Building Dept. Applicant NiSDOT 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: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk October 25, 1993 Zoning Appeal Appl. No. 4200 - JOHN E. ANDRESEN Transmitted herewith is Zoning Appeal Appl No. 4200 - JOHN E. ANDRESEN together with a letter from Peter S. Danowski dated October 25, 1993, the Notice to Adjacent Property Owners, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire and a copy of the Site Plan. Judith T. Terry $outhold Town Clerk RECEIVED OCT Southold Town Clerk OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. ]7Lc~cf~) Date Filed; TO THE ZONING BOARD OF APPEALS, SOUTH~LD, NEW YORK: I (We), John E. Andresen of (no #) Church La., (Residence, House No. and Street) Aquebogue New York 11931 (Hamlet, State, Zip Code, TeIeph0ne Numbe~) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPIION in accordance with the ZONING ORDINANCE, ARTICLE III , SECTION 100-31 , 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(J~l~J the owner~l~) of property known and raferred to as ~cant' land at Franklinville Rd. at (House No., Street, Hamlet) Main Road (S.R. 25), Laurel, NY identified on the Suffolk County Tax Maps as Distriqt ]000, Section 127 , Block 02 , Lot(s) 05.001 , which is not ~ on a subdivision Map ~"~-" .... " ~l~d Mm Nn map of '~ ~ - ..... P ' 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 to 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 f .......... hcre;,:ith. Ix ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): and is vacant land. oP SDFFOL ) STATE OF NEW YORKi SS.: SwetTl-~ o 3ae fo r~e~e this 25thdayl of zBz (rev. 2/6/86 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Thomas N. Anshutz, Jr''ebV:eJ°hnvn e E. Andresen, Contract to the Board of Appeals of the Town of Southold TO: FREIDA M. KUESTER NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN iNOTICE: 1. That il is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~._arian~e~)~.~Special Ex~.(5,.._:,! f' "' I - I ............ [circle choice] That the property which is the subiect of the Petition is located adjacent to your property and is dits~'- cribed as follows: Vacant lot; Suffolk County Tax Map No. 1000 - 127 - 02 -~/05.001. 3. That the property which is the subiect of such Petition is located in the following zoning district: R-80 4 ]'hal h~ such Pelitioo, the undersigned will request tire following relief: and front yard variance Special exception 5. That ~he provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III Section 100-31 B (Special' Exception); 100-32 (Varian [ ] Section 280-A, New York Town Law for approval 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 regu ar office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the 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 Times and in the Long Island Travelcr-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: October 25, 1993 t'~etitio~er'-~''-- ~,T~_ ~m~.s--N. Anshutz, Jr., By: 0wndrs N es: J-oh~r~/~A A4qdmes z-Contrac ( Pn~S tn~ ifiSc ~udrd~s s L a n e~ ~3 ~~ndee Aquebogue, NY 11931 Tel. No. (516) 722-8280 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Freida M. Kuester Box 403, 540 Franklinville Rd. Laurel, New York 11948 nj ~ >~ ,~,~, i~} t66L ounr '008~: cu~o~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: Gail S. Goss ~residingat 8 Head of Cove Rd., Hampton Bays, NY 11946 , being duly sworn, deposes and says that on the 25t-h day of October , 19 ~3 ,deponent mailed a true copy of the Notice set forth on the re- 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 Southold; that said Notices were mailed at the United States Post Of- rice at Riverhead, NY (certified) (~tq&~ei~ mail. Sworn to before me this 25th day of October ~ 19 93 ~ Notary Public ~./ ; that said Notices were mailed to c,~ch of said persons by Gail S. Goss (This side does not have to be completed on form transmitted to adjoining property owners.) 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) 727-7451 MICHAEL T..CLIFFORD OF COUNSEL October 25, 1993 VIA TELEFAX & REGULAR MAIL Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attn: Linda Re: Veterinary Hosoital (John E Andresen and Charles Timoone) Dear Linda: Per our phone conversation of today, enclosed please find the original certified mail receipt with the post office stamp thereon. Thanks for your help. Very truly yours, Gall~'~. %~?S, Secretary gsg Encl. PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only 3ART I--PROJECT INFORMATION (To be comDleted by AD~31icant or Project sponsor) SEQR 1. APPLICANT ISPONSOe John E. Andresen 2. PROJECT NAME 3. PROJECT LOCATION: Mumci.a,ty Hamlet of Laurel County Suffolk Vacant land bordered West and North by Franklinville Rd.;-South by State Highway 25; East by Roy Kuester. :~:~ New [] Exl3 ansion [] ModlflcatlonlafferaBon Construction of veterinary hospital. ~nl~iaa~¥ 1.37 acres umma,e,y 1.37 acres WILL PROPOSED ACTION COMPLY WITH F-XISTING ZON!NG OR OTHER EX]STING LAND USE RESTRICTIONS? [--]Yes [~No IfNo, describe briefly Requires special exception and front yard variance. 9, WHAT tS PREEENT I-ANO USE IN VICINITY OF PROJECT? ~[Resi(ientlal [] Inclustrial [] Commerciat [] Agriculture [] ParVJForest/O~Jen s~ace [] Other l. Suffolk County Health Department 2. Southold Town Planning Board John E ......... n Z 7//1 ~3~J Date: Oct. 25,1993 If the acti~s in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse I side) The N.Y.S. Environmental Qualit~ Revi of this for~, and a- _ ~ Y ew Act requires submission before any action is taken. SHORT ENVIRONMENTAL ASSE$SME~T I~NSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of th~ action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is not significant. (d) Environmental Assessmene 1. 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 Unusual land form on the site? Yes X No 3. Will project alter or have a large effect on a~ existing body of water? __Yes X.___No 4. Will project have a potentially large impact on groundwater quality? ~Yes X No 5. Will project significantly effect drainage flow on adjacent sites? Yes X No 6. Will project affect any threatened or endangered plant or animal species? Yes X NO 7. Will project result in a major adverse effect on-- air quality? Yes X No 8. Will project have a major effect on visual char- known to be important to the community? .___Yes .= ~o 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircumental area by a local agency? ___Yes X No I0. Will project have a m~jor effect on existing or future recreational Opportunities? ,___Yes X No ll. Will project result in major traffic problems or cause a major effect to existing transportation .' ' systems? 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 X No 13. Will project have any impact on public health or safety? X 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 o_~r have a major negative effect on the ~ character of the community or neighborhood? 15. Is there public controversy concernin pro j ect ?/~/ g the ""Presenting: Applicant.' ~ 'E~ Andr~.~en QUESTIONNAIRE 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 listed on the real estate market ~or - sale or being shown to prospective buyers? { } Yes C. Are there anT~o~al~ tu =hange~r alter land c~n=eur~? { } Yes ~ } No De 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 bulkheaaed 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 determination of jurisdiction? %o~ Trustees for its 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 barriers, bulkheads or fences which e~t and are not ~h~wn cn the survey map that you a=~ sUbmitting? None 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 this parcel vacant land and proposed use veterinary hospital Jo,,n 2'' .~.n~,~ 3/87, lO/901k~/ October 25, 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~N~DS [Amended 8-26-76 by L.L. No. 2-1976; 3-2~- 2r ~iDAL WETLANDS: (1) All lands generally covered or inmrmittently cov- ered with. or which border on. tidal wam~. or lands lying beneath tidal waters, which at mean low tide are covered by tidal wate~ m a maximum depth of five (5) feet. includin~ but not limited m banks. bogs. salt marsh, swamps, meadows, fla~ or other low lying lands subject m tidal action; (2) All banks, bogs. meadows, fla~ and tidal marsh subject to such tides and upon which grows or may grow some or any of the followin~ salt hay. black g~ss. saltworm, sea lavender. ~11 card,ass, high bush. cat,ils, ffroun~eL m~3hm~llo~ ~d (~) All land immediately adjacent to a tidal wettand as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1. § 24-0107. Subdivisions l{a) to I(d) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in sevenW-five (75) feet landward of the most land. ward edge of a "freshwater wetland." 9705 z. ~.s. ss 50-546 214 PAY PETER S. DANOWSKI, JR. ATTORNEY AT LAW A~ORNEY BUSINESS ACCOUNT P,O. BOX 779 R~VERHEAD, N.Y. 11901 REMITTANCE ADVICE I THE SUFF(:~LK COUNTY NATIONAL BANK 6 WEST SECOND ST. - RIVERHE ~D, NEW YORK 11901 8476 DOLLARS "'O0~N?~!!' ,:O~NOSI,~.N~: ~ 0087~$ 2,' E. S. KAI.~ERAS., ,~ UNION SQUARE, ONE UNION AVENUE. RD #1 BOX 530, RIVERHEAD, NEW YORK 11901 TEL: (516) 727 5135 ' (516) 722 4040 · FAX (516) 722-5093 APPEALS BOARD MEMBERS' Gerard P. Goehrin~er, Chairman Ser~e Doyen, Jr. James Dinizio, Jr. Rol~ 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. 4186. 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 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). 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 basis of this appeal is Article III, Section 100-32 (Bulk Schedul~ pertaining to setbacks of a principal building) as noted in the July 29, 1993 Notice of Disapproval issued by the Building Inspector, which reads in part: Page 2 - App!. No. 4186 Matter of John Andresen and Others Decision Rendered August 18, 1993 ...under Article III, Section 100-32 for non-residential use (as permitted) density and minimum lot size schedule for residential district - lot has insufficient lot area. Interpretation requested on lot line setbacks. Action required by the Zoning Board of Appeals... s/ Thomas J. Fisher. 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 heavily treed, and natural 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 this Board. 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: (b) Setback at 73 feet from the northerly front property line (the minimum requirement is the same for a principal dwelling structure at 60 feet); 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 which is the subject of this variance. 5. It is noted for record purposes that although the size of this property is nonconforming with a preexisting lot size of 59,984 square feet in this R-80 Residential Zone District, the property is most suitable and does adequately provide for the necessary building (floor) area and parking and other site plan elements necessary for this project. Additionally, applicants have indicated their satisfaction 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. It is also noted for the record that a conditional Special Exception was granted under this date for the requested Animal Hospital with related veterinarian office uses. Page 3 - Appl. No. 4186 Matter of John Andresen and Others Decision Rendered August 18, 1993 7. In considering this application, the Board also finds and determines: a) the benefit to the applicant, as weighed against the detriment to the health, safety, welfare of the community, is greater, and the benefit afforded is not unreasonable in light of the unique characteristics and land contours, substandard size, location of the property with three front yard areas; b) the benefit sought by the applicants cannot be reasonably achieved by anothermethod without affecting the neighboring land; c) the relief requested for a front yard reduction at not less than 30 feet is not unreasonable and will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or the surrounding district; d) the difficulties created are related to the uniqueness of the land, its location, its topography, shape and characteristics, and are not personal to the landowner or future landowners (contract vendees-applicants); e) the relief as granted will not be adverse to the preservation and protection of the character of the neighborhood and the health, safety, and welfare of the community, and will not alter the essential character of the district; (f) the setback at 30 feet from the propesed southerly property line is substantial in relation to the requirements, that is, meeting 50 percent of the 60 ft. setback requirement, however, this land contour in this yard area is screened with natural high berm (up to 28 feet high) and is heavily treed - 'which will remain as a condition of approvals; (g) in view of all the above, the interests of justice will be served by granting the relief, as requested. Accordingly, on motion by Chairman Goehringer, seconded by Member Wilton, it was RESOLVED, to INTERPRET, as requested by the Building Inspector in his Notice of Disapproval dated July 29, 1993, that the minimum setbacks for a principal dwelling structure shall also apply to other types of principal uses on vacant lots as may be permitted or expressly conditioned in the R-80 Zone Districts; and be it Page 4 - Appl. No. 41~ Matter of John Andresen and Others Decision Rendered August 18, 1993 FURTHER RESOLVED, to GRANT a reduction from the required 60 feet to 30 feet from the southerly front property line (along the Main State Road) for a proposed principal building to be occupied as an Animal Hospital with related veterinarian office uses, as requested. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk ~. ~ ~ ~ ~ ~ SURVEY AND TOPOGRAPHICAL INFORMATION PROVIDED BY % ~ ~ Y STANLEY ISAKSEN. Jr. NEW SUFFOLK. NEW YORK ~ ~ ~ SURVEYED JUNE 4. 199~ ~ ~-~y ,.-~ c~(~ K~,, ~u,o ~. = ~.=.~ ZONING USE DISTRICT: R-80 ~ ~ .~' ~ 'Ni --' FRONT YARD-60' ~ ~~ %P~ ~ ~, ~sm~ REAR YARD-75' ~X ~ < ' ' ~$~- -- ~ SIDE YARD-(1)20' BOTH 40' ~(~o~ u~om BUILDING AREA: 4,598.1 sq. ff. ~ LOT COVERAGE: 13.05% PAVED AREA(PARKING): 14,157 sq. ff. (23.6%) ~NDSCAPED AREA: 30.156 sq. ff. (49.7%) OWNER OF RECORD: JOHN ANDRESEN A CHARLES TIMPONE (CONTRACT VENDEE) ~ ' ~ -. ~ ~A ~ PARKING CALCULATIONS. ' / ~ ~ / ~ ~ERI~ OmCE -- 1 SPACE PER 200 8f = 2,6301200 = 1a.1 .//~5' /Q~ DRAINAGE CALCULATIONS: // / /~ / t ~RF' 11,4~1 ~f X 01X 0.167 = 192 cf , ,~ . / / / // /~/ ~ ~ / /- ~ ~1-~ ~, iRON OR ~ PAVEMENT: 14,157 sf X 0.95 X 0.167 = 2,246 cf / / / / / ~.] ~ ~ TOTAL VOLUME = 2,800 cf ' 2,438 cf REQUIRED . ' ' ' - "' ......... ' ," ~ ~ ~' '~ DOMESTIC SUPPLY WELL DETAIL TYPICAL STORMWATER UNIT SANITARY CALCULATIONS: / / / , ~ ~ I ' FOR 8' ~ PO0~, SID~ALL AR~ = 25.1 sf/vlf 175 + 25.1 = 7.0 ~1 REQUIRED , .'. USE (4~8' ~ X (1)~1 H]GH SECTIONS + DOME ~ ~ PROpOS~ S~C T~K [ 0 } pRopm~ m~Am ~CHIN~ pOOL Wm C~NC C~ SEPTIC TANK900 GALLON LEACHING P~OLS()3 LEACHING POOl(l) SITE PLAN ~ ¢R~OS~HIN'~OL ~ ,,o,,,,~,,o,,.,~ LARGE ANIMAL WING SEPT C SYSTEM DETAIL VETERINARY OFFICE SEPTIC SYSTEM DETAIL~juL]~EP 81993 SCALE 1 20 ~ ~ ~ BRAWING TITLE: DESIGN BY: ~ ~ ~ PROdEgT NO: P R O P O S ED MATTtTU C K- LAd R EL I:~ DRAWN BY: ~,,_~.. E.S. KALOGERAS, P.E. Nfo VETERINARY HOSPITAL ;,~'.~-,7',x CONSULTING ENGINEER f~ SITE PLAN o.,~..~: ~SK ~UREL HAMLET, TOWN OF SOUTHOLD, SUFFOLK COUNt, N.Y. ~ ~ATE: ~dUSf~, UNION SQUARE. ONE UNION AVENUE. RD ~1, BOX 5ao RIVERH~D, N~ YORK 11901 ~% · kl/~~~~N ~ ~ / ~~ ~ SUFFOLK COUNTY TAX MAP No. 1000-127-02-05.001 ~ ~ ~ '' ~ SURVEYED ~UNE 4, 1993 ~ M / ' ~, FRONT YARD-60' X ' ~ ~ SIDE YARD-(1)20' BOTH 40' ,~ ~ ~ ~ ~ SITE AREA: 59,984 3 sq. ff. ~' ~ ''. 1.377 oc. ~ ~.'.~ / ' ff~ N'. ~ [ ~ N ~' C N N N / I~ ~ BU LDING AREA., 3,584 sq, ff. ~'N, ~ ~ LOT COVERAGE: 5.97~ 'N~ /~ ~ PAVED AREA(PARKING): B,O00 sq. ff. (13.33~) ' * < . . --" '~' /qP~, TYPICAL STORMWATER UNIT ~ CALCULATIONS: // /¢ SEPTIC SYSTEM DETAIL /,I / ~ ~ --~ ~ ~ ~ :~o~ ~o , ~ ~ -~ L ~ ~, ~= ,.~ ,. ..~ ~ ~ ~'~ 1,200 G~kkO~ ~ ~ N_~/~ SEPTJC TANK DISTRIBUTION LEACHING POOLS(3) ~ ~ ..... .~ ~ ~,~g ~ LEACHING POOL(l) / / / S ~i~ ~ ~ ~ ~0"~*~ ~.,~ .mL ~ ~ ~ SANITARY CALCU~TIONS: I C ENT: DmAWING TITLE: J DESIGN 5 PROJECT NO: ' . IIIIII~wN B~: ~ f J PROPOSED VETERINARY OFFICE '! ~UREL HAMLET, TOWN OF SOUTHOLD, SUFFOLK COUNW, N.Y. CONSULTING ENGINEER SITE PLAN,HECKEDBY: BSK D~WINGNO: UNION SQU~E. ONE UNION AV~UE. ED ~1, BOX 530 Rt~RH~, N~ YORK 11g01 ~OATE: JULY 19, c~)~-s~/~-~o~o r~ (s~)~-~o~ PRELIMINARY-- _ L 0 ,Y j scA~: ~ ~0~ - - R~, DA~ REMARKS / ,L 12..Lo" t 'I J I ,r FLY I l' 0 ~ t..8 D/:kT\_OI<3 '"'~J ,,4.~..,J JL~[ SEpl31993 T I0;£" I 0 12Lo' 4'- .© t r} F L,'" III T b .r ~CTlOU ~ ~ID~_ ~__ L~VA-Ct Ski '1