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1. Entrance to bldg. shall be 20 feet ~o~%~'of line established by extending southerly line of present building. 2. Proposed bldg. shall be 30 feet from easter line. 3. Proposed bldg. shall be 50 feet from south erly line. 4. Proposed Bldg shall be 50 feet from westerl. property line. 5. Proposed Bldg shall be 20 feet behind ex- isting building. 0 0 0 ~. el' ~n 0 0 0 0 fi) ~ 0 D/B/A Southampton Produce Distributors So,~d~Avenue Ma~ti~0k, New York ~623 f Dec. 19, 1963 Page 1 ~E.NIED.Pez~miss.io~ to erect a non-farm labor camp at S/S Sound Avenue, Mattituck, New York. ~,~[~' Southold Town Board - Boar~eeting of May 19, 2009 RESOLUTION 2009-387 ADOPTED Item # 5.10 DOC ID: 5005 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-387 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 19, 2009: RESOLVED that the Town Board of the Town of Southold hereby grants a partial refund of $200.00 to New England Barns~ Inc.~ at the recommendation of the Zoning Board of Appeals for withdrawing the application for a Bed and Breakfast. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlande, Krupski Jr., Evans, Russell ABSENT: Thomas H. Wickham Generated May 27, 2009 Page 18 FORM NO. 3 ~ ~ , NOTICE OF DISAPPROVAL ~ff~.c2cxP7 AMENDED: July 24, 2008 AMENDED: September 10, 2008 TO: William Gorman (Scarola) PO Box 1447 Mattituck, NY 11952 Please take notice that your application dated July 10, 2008 For an amendment to building permit #33123Z (originally issued for conversion of an existing barn to a single family dwelling) creating a tow-family dwelling and the conversion of two accessory, buildings for use as "wine storage" at Location of property 4850 Sound Avenue, Mattituck, NY CountyTax Map No. 1000-Section 121 Block 3 Lot6 Is retumed herewith and disapproved on the following grounds: The amendment, converting an "under-construction" single family dwelling to a two-family dwelling, on this conforming 2.217 acre lot in the AC District, is not permitted pursuant to Article III, Section 280-13B., "Uses permitted by special exception by the Board of Appeals." (1) 'q'wo-famil¥ dwellings not to exceed one such dwelling on each lot." In addition, the proposed use is not permitted pursuant to Article III, Section 280-14, which states, '~No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Bulk schedule requires 160,000 square feet of lot size for a two-family dwelling. The lot size is 96,572. Also~ the proposed wine storage in two existing accessory buildings is not permitted pursuant to Article III~ Section 280-13A. "Permitted Uses." "Wine storage" is not a permitted accessory, use. This Notice of Disapproval is based on amended plans dated 11/29/06~ by James Deerkoski~ PE~ and to add the need for a variance for lot size and was amended on September l0t 2008~ to address the use of the accessory buildings. CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. SOUTHOLD TOWN BOARD OF APPEALS Phone (631) 765-1809 Fax (631) 765-9064 APPLICATION FOR SPECIAL EXCEPTION Applic;ition No. : : Date Files: I (WE) hereby apply to the ZON1NG BOARD OF APPEALS, Southold, New York for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE~ , SECTION ~. SUBSECTION Owner(s)(asapplicant): F~/~J~ ~'~CJ01r~t~ , MailingAddr_.ess:x '~0 ~(~ {~'~_o 1.4~l'~{~J~j,,6J¥ Telephone:/~l} ~- 14~ ] ' NOTE: If~pl~nt ]s~ot t~e o~r, state if applicant is o~er's aaomey, agent, arc~tect con~act vendee, etc. AuthorizedRevresentative: ~I L~[~ Address: F0 ~ X t~t Telephone: [~t~ ~ [~[2 I For the beloxv-described prope~ fro' the following uses and pu¢oses (~d dra~ to scale): (a~ach separate sheets if needed) plan Statement of Ownership dud Interest: and referred to as , Street, Hamlet) identified on the Snflblk County Tax Maps as District 1000, Let(s) ¢ ___, which is not (is) on a subdivision Map I been approved by the Southold Town Panning Board on [Minor] [Major] Subdivision). The above-described property was B. The applicant alleges that the approval of this e purpose of said zoning ordinance and that the therefore in said ordinance and would not be for the following reasons: C. The property which is the subject of this [ ] is consistent with the use(s) described in the ~ [ ] is not consistent with the Certificate { reasou(s): t~~ [ ] is vacant land. COUNTY OF SUFFOLK) SS,: STATE OF NEW YORK) , knovm __, Block ~No. , "Map of , and has asa , with the intent and use conforms to the standards prescribed persons in the neighborhood is zoned Jq~ and )ccupancy(copy attached). furnished herewith for the following Sworn to before me this I ~ } ~'day of 3 c e ,20og ZBA2 (rev. 2/06) No. ( ~, ~,' co, ........ 'J.L Name of Owners: Frank Scarola ADDJ"I'ION/d, SPECIAL EXCEPTION, Y/sRL4NCE AND USE INTEIO (I) An undesirable change will not be produced in the CHARACTER of the neighbol ~'olf O'r-a detrinw~ nt to~neat:l~y~ ~ properties if granted, because: ' ~ ' ' Thc story of this particular parcel is one of unrealized plans, punctuated by decades of violations and c{~: i~ffact~6ff~, and peppered by the illegal occupancy of dozens of tenants over the course of many years. General neglect and disrepair has been thc theme; the conclusion looked bleak and unsatisfactory. Mr. Scarola, the new owner, has his own wine label and he intends to plant grape vines on the western portion of the property (approx. 3A of an acre). In addition to creating an agricultural flavor with the new vines, he has been--and will continue-- improving thc properly through renovation, repair and landscaping. This can only improve the character of thc properly and neighborhood and create a desirable effect for the community. (2) The benefit sought by the applicant CANNOT be achieved by some other method feasible for the applicant to pursue, other than an Area Variance w/a Special Exception and Use Interpretation because: There are 4 buildings totaling 17,362 square feet on this 2.2 acre parcel. Our proposed Two Family Dwelling totals 7,212 square feet~uite large for a single family dwelling and that leaves 10,150 square feet in the remaining 3 accessory buildings. 10,150 square feet is an unnecessary amount of personal storage space for either a single family or two family dwelling. Who needs 10,150 square feet of personal storage space? In 1965 and 1967, Special Exceptions were granted to build these additional storage buildings (Buildings #2 and #3). Back then, the original stated purpose in thc granting of the Special Exceptions were for a 'Grading Station and the Storage of Potatoes.' It is our feeling that we are returning to the very roots of the buildings' purpose for construction and, therefore, satisfying the original intent with our proposed use as commercial wine storage. Without the Special Exceptions granted in the 1960's, these buildings would be non-existent and some other story would be attached to this property. But, as it stands, these buildings exist in all of their glo--structures without a purpose--10,150 square feet of idleness and wasted potential. (3) The amount of relief requested is not substantial because: Duc to sub-division events in the past, the 2.217 acre lot is not large enough to farm. These 4 large buildings have no natural function other than storage of agricultural products which the diminutive property can never hope to produce. Aside from demolishing thc buildings which would be is an unnecessary waste of resources, the proposed two-family dwelling with commercial wine storage is a practical solution to a parcel with a very checkered past. or district because: The continued improvement of the property and buildings will have apositive effect on the neighborhood, environment and district. Our proposed use will create a low-key, agricultural support facility with minimal commercial traffic in or out, and an idyllic, pastoral view of grape vines planted on a rolling hill. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No. Does this variance/special exception/use interpretation involve as-built construction or activity? ( X )Yes, or ( )No. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Sworn to before me this Day of .~¢:,~t,~{,~, 20 O~ John M. Judge NOTARY PUBLIC, State of New York No. 01JU6059400 Qualified In Suflolk County Commission Expires May 29, 20..j.~_ APPLICATION ~ THE SOUTHOLD TOWN BOA~ALS ...... .~ ~ .0 ~ For Office Use Ottly I ~' " I Fee: $~_ Filed By: ~ ~/~L/..//~d2~'q Date Assigned/AssignmentNo. ~ I Parcel House No.~)._Street SCTM 1000 Section I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR Applicant/~ ~~,~ ~.~ ~ MailingS? Addres7 ~ '"~- [~L~.,~'~ / g~-~"E'~¢'~ ~ y NOTE: In addition to the above please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Authorized Representative: ~tgM.~ ~~ for (~wner, or ( ) Other: Address: '~0 "~.. t't[,~'"/I . 'r"rcTO-r LLeCB -:> Telephone: ~'~t~ 'r-L~'-- [ '~t ~z ( Please check box to specify who/vO~ wish correspondence to be mailed to, from the above names: ~ Applicant/Owner(s) ~'Authorized Representative [] Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ~Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction [3Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article ._~ Section 280- I'~ Subsection Type of.~..eal. An Appeal is m. ade for: ~'A Variance to the Zomng Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 250-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior a~peal ~as}3 has not been made with respect to this property UNDER Appeal No. ~ear I ~_..~___. (Please be sure to research before completing this question or call our office to assist you.). [ ~(O"L ~[D(~ Name of Owners: Frank Scarola REASONS FOR APPEAL (additional sheets mav be used with applicant's signature): AREA VARIANCE REASONS: AVy~M N~ ~ (I) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: For the past 20 years, the properly was used as a high-volume, commercial rental yard with as many as 12 tenants at any given time. In addition, there were multiple violations against the buildings for years. As a result of the new ownership, all of the violations have been addressed and eliminated, the level of traffic in and out of the property has been dramatically reduced to the certain pleasure of the neighbors (the anticipated future traffic will also be a fraction of past levels) and the current renovations have already substantially improved the appearance of the proper~ and, necessarily, the character of the neighborhood. (2) The benefit sought by the applicant CANNOT be achieved by some other method feasible for the applicant to pursue, other than an area variance, because: The 2.2 acre parcel is undersized for the proposed two-family dwelling. (3) The amount of relief requested is not substantial because: All of the buildings existed prior to 1968 and, for decades, the property has been used a high-volume potato storage/grading facility or heavy equipment yard with multiple tenants. The 2.217 acre parcel is not large enough to farm, and the 3 other large buildings have no natural function for a single family dwelling. The relief requested is not substantial in light of the history, the location, and the existing structures on the property. We feel our proposed two-family dwelling (with proposed wine storage in two of the other buildings) is a suitable use when considering all past and present factors. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The continued improvement of the property and buildings will have apositive effect on the physical and environmental conditions. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No. Does this variance involve as-built construction or activity? ( )Yes, or ( X )No. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Checl~ this box ( ) IFA USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE A TTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Sworn to before me this 1~ ~ Day of ~, 20 0~". ~ ~. ~0510 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) ~ '"~:::~ 7 I. For Demolition of Existing Building Areas t Please describe areas being removed: t~0//~- 1I. New Construction Areas (New Dwelling or New Additions/Extensions)~ Dimensions of first floor extension: Dimensions of new second floor: .~~ Dimensions of floor above second level: Height (from finished ground to to~lzM'n~e): Is basement o.r ?w~ ~eing c_onstrt?ted? If yes, please provide height (above ground) measure~natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach cxtra sheet if necessary) - Please describe building areas: Number of Floorgand General Characteristics BEFO~ Alterations~.~_.~'/~.~-.O Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: [ "'],. '~ez~.. ,~- ~'. Proposed increase of building coverage: ~.~ IJ',ll~ Square footage of your lot: q(o Percentage of coverage of your lot b3 building area: V. Purpose of New Construction: /XOZ> /O'"~.'~?X) ~__..~r~'~'~~.) VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FII,1NG WflH YOUR Z.B.A. APPLI~ Is the subject gremises listed on the real estate market for sale? [] Yes ~Xlo ~ohere any proposals to change or alter land contours? [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? $~.~O 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm stares of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ./~O E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ~ (Please show area of these structures on a diagram if any exist. Or state "none" on tbe above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: ~Ir~O'l~'~tS~_~ ~ ~£/0'~r6~'~ ~Ll.l~.~ G. Do you or any co-o~er also own other land close to this parcel? ~ If yes, please label the proximi~ of your lands on your map with this application. H. Please list present use or operations conducted at this parcel ~~ ~ ~$~1~ and proposed use ~ ~ / ~ (examples: existing~ proposed: same with garage or pool,~r other description.) 2/05; 1/07 North Fork Perm Permit Expediters To: Town of Southold Zoning Board of Appeals Town ltall Annex Southold, NY 11971 North Fork Permits William Gorman PO Box 1447 Mattituck, NY 11952 Date: September 10,2008 Re: Frank Scarola SCTM# 1000-121-3-6 Area Variance/Use Interpretation To whom it may concern. Frank Scarola purchased 4850 Sound Avenue in March of 2006. There are 4 buildings totaling 17,362 square feet on a parcel totaling 2.2 acres. Renovations on the permitted single family dwelling (Building # I) began in October of 2007. In June of 2008, Mr. Scarola obtained a Federal Permit for commemial wine storage on Buildings #2 and #3. We are seeking an area variance and a Special Exception to convert the 'under construction' single family dwelling to a two-family dwelling. In addition, we are requesting an interpretation of the Permitted Uses in an 3dC Zone for existing buildings #2 and #3. lftbe interpretation does not provide for our proposed use as commercial wine storage, then we are seeking a Use Variance for the same. It should be noted that, in 1965 and 1967, construction of buildings #2 and #3 was granted under a Special Exception with the stated purpose of potato storage. We feel our proposed use--commercial wine storage-- is in keeping with the original use as granted in 1965 and 1967. Mr. Scarola is searching for an incentive to continue the improvement of the remaining buildings and, when considering the use of the property for the past 40 years, we fecl a return to the original intention would be a vast improvement. Pursuant to Article iii, Section 280-14, we are requesting I) an area variance for the conversion of an "under-construction" single family dwelling to a two-family dwelling and, 2) Pursuant to Article Ill, Section 280-13B a Special Exception for a two-family dwelling and 3) An Interpretation of the Permitted Uses in an AC Zone or, if need be, a Use Variance for two of the existing structures. Thank you for consideration, ~:--o-- William" Gl~Q~man, North Fork Permits Authorized Representative for Frank Scarola PO Box 1447, Mattituck, NewYork 11952 631-445-1461 T~own, of Southold INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FOR ~! ~,c, i . All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed ac!ions that are subject to the Town of Southold Waterfi'ont Consistency Review Law. Tiffs assessment is intended to supplement other information ased by a Town of Southold agency in making a determination of consistency. *Except minor exempt actton3, including Building Permits and other ministerial permits not located within the Coastal Eroxlon Hrtzard Area. Before attswefing the questions in Section C, the preparer of this £onn shoukl review the exelnpt minor actiou list, policies and ejplanations of each policy contained in the Town of Southold Local Waterfi-ont Revitalization Program. A proposed action will be evalaated as to its sig~fificant beneficial and adverse effects upon the coastal area (wlfich includes all of Southold Town). If mW question in Section C on this fonn is answered "yes", then tile proposed action may affect the achievement of the LWRP policy standards and conditioos contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessm7, modified prior to making a determination that it is consistent to the m;~xhnum extent practicable with the LWRP policy standards mid conditions. If an action cammt be certified as consistent with the LWRP policy standards and conditimm, it shall not be undertaken. A copy of the LWRP is available in the following places: online at Ire Town of Southold's website (southoldtown.nortlffork.net), the Board of Trustees Office, the Platmiog Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ['7._\ _ ~. ~ Tile Application has been submitted to (check appropriate response): Town Board [-'-] Planning Board[--] Building Dept. ~] Board of Trustees [] 1. Category of Town of Southold agency action (check appropriate response): (a) (b) Action mldertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy) -- (~) Permit, approval, hc'~h~, certification! Nature and extent of action: · Location of action: ~ Site acreage: Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Sonthold agency, thc tbllowing information shall be provided: (a) Name of applicator: (b) Mailing address: (c) Telephone number: Area Code ( ) (d) Application nmnber, if any: Will the action be directly undertaken, require fimding, or approval by a state or federal agency? Yes [] No [-~ If 5'es, w%ch state or federal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances commnnity character, preserves open space, makes efficient use of infrastrnctnre, makes beneficial use Of a coastal location, and minimizes adverse effects of development. See LWRP Section lI1 - Policies; Page 2 for evalnation criteria. ['--~Yes [--] No ~NotApplicable Attach additional sheets if necessary, Poll~cy 2..Pr~te~l anti pregerve hislorif and ~irchaeo ologifhl re~6hrces 6f lhf oT0~n of-S-6hthoid} S~e LWI~,P ~e~tio~n ~!~: P~liciesT~3 thro!gh 6 for evaluation cri[?.ia Yes [~ No f~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of South01d. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria []]J Yes [] No [~Not Applicable Attach adclitional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natoral resources from flooding and erosion. See LWRP Sectiou III - Policies Pages 8 through 16 for evaluation criteria hies ~] No [ '~Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evahlation criteria [--] Yes [-~ No [-~Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Sectiou III - Policies;. Pages t~iigh ~ fOr ~val~atio~crii~ria. ~ ................. 22 [-~ Yes [--]N0[~q/N0tApPli~abie Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [~] Yes ~] No F~ot Applicable Attach additional sheets if necessary Policy 8. Miaimize enviroumental degradation in Town of Southold from solid waste and hazardous substances ami w~See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [~] Yes [--q No L~J Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, aud recreational use of, coastal waters, public lands, and public resources of the Town of Southohl. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes F-q No [~WNot Applicable Atlach additional sheets il' necessary WORKING COAST POLICIES Policy 10. Protect Southol/d's water-dependent u. ses and promote siting of new water-dependent suitable Iocations~/l~RP S. ection III - Policies; Pages 47 through 56 for evaluation criteria, uses in [] Ye~ [] NO I'-'[Not APPheaqSle ..... Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes ~-] No [~Not Applicable Atlach additional sheets if necessary Policy 12. Protect agric/ultural lands in the Town'of Sonthold. See LWRP Section III - Policies; Pages 62 throngh 65 for ev~,fon criteria. [] Yes ~-~ No I ~1 Not Applicable Attach additional sheets if necessary Policy 13. Promote apl)ropriate use and developmeut of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes Iq No 74 Not App,icab,e Created on 5/25/05 11.'20 vim 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAI. ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - Project Information (To be complete by Applicant or Project sponsor) 1, Applicant / Sponsor 2. Project Name SEQR ~ 3. Project location: Municipality County 4. Precise location (Street address and road intemections, prominent landmarks, etc. or provide map) 5. Is proposed action: ( ) NEW ( ) EXPANSION ('.¢~ODIFICATION / ALTERATION ] I 6. Describe project bdefly: Amount of land affected: Initially: ~,~' ,.~,,,....~ acres; Ultimately: "~,~" ["-~ acres 8. Will proposed action comply vdth existing or other existing land use restrictions:( ~YES ( ) NO If No, descdbe briefly: 9. What is present land use in vicinilb, et project: (describe): ( ) Residential ( ) Industrial ( ~¢l~ornmercial ( ~C'A'Yg~iculturat ( ) Park/Forest/Open Space ( ) Other 10. Does action involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal, Stale or Local) ? ) YES ( .Q'lq-O~ If Yes, list agency(s) and permit/approvals: 11. Does any aspect of the action have a currently valid permit or approval? I( '¥~ES ( ) NO If Yes, list agency(s) and permit/approvals: 12. As a result of proposed action, will existing permit/approval require modification? I(~'¢[ YES ()NO If Yes, list agency(s ) and permit/approvals: '~,,,) (.J~.."r~ I certify that the information provided above is true fo the best of my kn, owledge _ . .~ _//_-~ Name: '~ ~" - ' '~/,f//~/~a.f~ Date: ~ / O/ Ob Applicant/ Sponsor Signature: ~ ~/ / ~ ff the and you are a state a~ency, complete the Coastal Assessment Fo~ before proceedin¢ wifh this APP .... T_~RANSACTIONAL DISCLOSURE I*OR~i~ LtUAI~ TO OWNER, CONTRACT VENDEE J~) AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. ,~t name, ir~rst name, middle ~1, ~' other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance ~ Special Exception *Other Approval or Exempt/on Change of Zone --~ .... Tax Grievance *If "Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or e~nployee of the Town of Soathold9 Relatmnsh~' includes b, blood marria e or business interest." ' · ' "Business in~erest" Ineans a business nc ' artnershi in which the Town officer or em)lo ee ~>mlial o'amership of~_~_ em~_~_loyment b a cot orat/on/n wh/ch the Town officer or enmlo ee owns ~ - o .mhares ~ _OWns more than 5 >/o~oLthe YES . NO If you an~wered "YES"; complete the balance of thixJbrm and date and s'ign Where indicated. Nm(e of person employed by the Town of Southoht: Title or position of that person: Describe that relationship between yourself (the applicant, ageut o~ coutracl vendee) and the Town officer or employee. Either check the appropriate I/ne A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): ~ A) the owner of greater than 5% of the shares of the corporate stock of the applicaut (when the applicant is a corporation); ~__ B) the legal or beneficiaI owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or emp]oyce of the a 3 )licant: or ..... D) the actual applicant. ESCRIPTION OF RELATIONSHIP ~0Submitted thi S~gnature Print Name: From: Frank Scarola 4850 Sound Avenue Mattituck, NY 11952 Date: September 10, 2008 To whom it may concern, William Gorman of North Fork Permits is authorized to act as my representative and/or agent for all Building, Planning and Zoning processes in the Town of Southold. ACTION Or THI~ ZONING BOARD OF APrEAI~ DAT/:D..~_~..Z__.19, 1963 Appeal ~o, 623 D~d ~C~Z 5~ 1~3 ........... of the Zoning Ordinancc, and tll~ decision ol tho Building Inspector ( ) be reversed ( ~ be confirmed became : By hve~tl~att~ and ~11c ~zlng ~e Board ~ed ~e m~l~nt ~e8 ~ ~8~ct a 24 ~t. by 80 ~. ~czete bl~ s~t~e mt ~ z~z o~ a ~el of n~tely 2 acres, ~ a~r~ce .l~ ~ m~ s~n~ o~ ~ C~ty B~d of a~l~, ~or ~e ~r~e o~h~l~ an ~8 ~o 20 ~ grating ~, 6 ~o 8 ~n~s of ~e year ~o~ use In ~ad~ ~s gr~ ~ 1~al h~rs. site .~ld ~titute up~al of a ~nhstve ~e ~ ~ area ~heze ~ FORM ZB4 ~udlth T. Boken, Secretary (Coat~nued from ~ont) r~ly ~ ~d to J~d~ ~ wl~ nd nbtF of Supe~oion o£ the camp itself ~q~Ltd re~t largely M%~B, /ua Imnl ~%~rm blt ~t ~ m ~ to ~e~ ~ sm~ty. CalTer~on, i conoAdorubla d. ts~ucel ~o0 ~h~t tho B~rd of Mira baa closed ~he Cutehogue u~tgrmnt labor c~up ~dl~ch ~o~werly f~tohad ~me labor to 8u%ro~d~q areas. The Board of Appeals c~n auqgest but At ~ not obl~Jod to 8ui~ly occupAed by the former cu~ho~ue l~d~or C~dtp b~ ~nveot~ut~d a~ · pooe4~le In f~nd~ng &~a~nwt the appl%cat~ou w axe ~ ~t o~ of we~ ~ ~ g~d~9 m of mm of ~ ~ ~ ~m. ~e ne~, ~lte ~ grnt~ a 8~1 ~lm mt p~J~ ~ of ~ wur~ r~i~t~ g~ ~ Ate ~lQ~t, ~t lU~ a ~ ~d aff~t ~ n~ ~d d~ of at the aou~h wide So. nd ~ven~e, ~mttitnc~, HeM york. FORM ZB4 pi~OPERT,~ RECORD .... TOWN OF SOUTHOLD ~ES. ~ S~S. VL FA~ ~ COMM: ~B. MISC. ~ IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FARM Acre Value Per Value l Acre '/1~/0~-~l~7~1~7-~~ I /i~'~'~ 1 - - ' - ~~ ~oo,,~., ~1~ I~ ~ ~ ;wampland FRONTAGE ON WATER ~ru~land FRONTAGE ON ROAD {ouse Plat DEPTH 'otal ~ ~ DOCK -:x~nsion ~xtension Extension ~orch B reez.~vay _ 3arage--~ Patio rotal 121.-3-6 1106 · 5o Basement Ext. Walls Fire Place Type Roof ~ ~ ~ 'i ~)l~creation Room Dormer Driveway Floors Interior Finish Heat Roo~ns 1st Floor Rooms 2nd Floor SCTI~I' # oWNER ~I~AND IMP. i, TOWN OF SOU'I~ItLD PROPERTY RECORD CARD STREET '+~'~ l J1 V,'LAGE ID,ST.1 TYPE OF BLD. PROP. c~ss TOTAL DATE SUB. REMARKS FRONTAGE ON WATER RULKHEAD LOT HOUSE/LOT TOTAL North Fork Pormitse Permit Expediters To; Town of Southold Zoning Board of Appeals Town Hall Annex Southold, NY 11971 LZ.~NiNG gOARD OF ~,PPE¢.LS From: North Fork Permits William Gorman PO Box 1447 Mattituck, NY 11952 Date: January 8, 2009 Re: Frank Scarola SCTM# 1000-121-3-6 Area Variance/Use Interpretation To whom it may concern, Thank you for your consideration regarding our application for an area variance and a Special Exception for the conversion of a single family dwelling to a two-family dwelling. We have decided to withdraw the application at this time and will pursue other avenues provided under the Town code. Authorized Representative for Frank Scarola P.O, Box 1447, Mattituck, New York 11952 631-445-1461 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NE~W YORK hi the Matter of the Application of (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as ~000- ta-I - 03 - C~(¢ COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING 1,~ GO~.,'~ residing at_ ~7~--J~'- IIg, Pd]J- ~f ~ I~~ , New York, being duly sworn, del~se and say that: o n t ~e day of ~ ~, ~ ~ , I ~rsonally plac~ the Town's official Poster, with the date of hearing and nature of my application noted ther~n, securely upon my pro~y, located ten (10) feet or closer from the strut or right-of-way (~veway entrance) - facing the s~t or facing each strut or right-of-way enhance;* and ~at 1 hereby confim~ that the Poster has remahmd in place for seven days prior to tlc;at date of the subject bearing date, which bearing date was shown to be ~.~ ~(_~. -~t-~_~. ~9~, Sworn to be[ore me this day of--~x~c-9~'~ , 200% CONNIE D. BUNCH Notary Public, State of New York No. OIBU6ZBS050 Qualified in Suffolk Coun ' ~.mmission Expires April 14, (Notary Public) *near the entrm~ce or driveway entrance of my property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Namegf Applicants) CTMPareel#1000- 17\ - O~ - AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) - , New York, being duly sworn, depose and say that: ' On the ~'0~'day of/go0'~ ~-. ,Z~., I personally mailed at the United States Post Office in/M.,~'t"TI'UUC,{K-. , New York, by CERTIFIED MAIL, RETURN RECEI~T REQUESTED, a true copy of the amtehed Legal Notice in prepaid envelopes addressed to e .u~.. ent own/ers shown on the current assessment rol[ verified from the official records on file with the (~/) Assessors, or ( ) County Real Property Off'ice ., for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this '~-,, g day of ~--c~ 200~ (Notary Public) CONNIE D. BUNCH Nota~ Public, State of New York No. 01BU6185050 Qualified in Suffolk Count,/ Commission Expires April 14, 201 '~- PLEASE list, on the back of this Affi~t or on a sheet of paper the lot numbers next to the ,. owner names and addresses for which notices were mailed. Thank you. ruJ NAOT~ F:LIg~ I A L g $ E $ $0.59 $2.70 $2.,2.0 $0, O0 0952 05 I M~T~ ~:LJg~ ~ A L g $ E $0.59 0952 $2.70 05 $2.20 $0. O0 $0.59 0952 $~., 0 05 $~.~0 $0.00 $5.49 /20/zc4,e r,-. $0.59 0~2 :' ru postage c3 Cenmed Fe~ $2.70 05 r-I (Endorsement Required) $2,20 · ~ $5.~9 11/20/2008 $ $0,59 0%2 $2.?0 05 $~.~0 $0,00 ~ $0.59 0952 ILl Certified Fee $2.70 05 r-'t Return Receipt Fee $2 · 20 $5.49 lt/ZO?2~a USE $0.42 $2.70 $2.20 $0.00 #9111 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1~ week(s), successively, commencing on the 27Ih day of November, 2008. '~rincipal Clerk Sworn to before me this / day of ~-~'~-~ ' 2008 GErrz ~6218, ReqUeSt for a Vada~ce Und¢~ sectiO~ 2g0~1~6.~(2), ba~ thc Building Inspect6r'~ ~un~ 10, 2008 Noti~ of ~J~app~0val&oneern~n~ an b~6~ i~ than lb0 fedt fr0~ thd'orfii:, n~y B~kWate~ m~rk df the L6ng i~l~hd So~:~{.'!580 Le&6n bt!v6; Soa~old~ ¢~227 R~qu8stS for: (1)a S~¢cial versxon of an emstmg building to a t Sect o~g 280-~:hfi~ st~fing4hM: (a~coaxe~i6n;~f;two a n0m~mittea ~g~;:~n3 (b) that the 10t s~e]s ~qhired to be 169,~0 square fe~t for'~ i~;Lfamily d~¢dffn~ Zone District: NOTARY pUBL~C-STATE OF NEW yORK No. 01.VO6105050 QuolJ~Jed in SuJJOlk COUW~¥ &nce under S ; 280- Build- Loeafi0n oi Road South01d; CTM 10~63 7-25. nonconformance hnc~:~il i~r~fit~ afiifi: i 9:40 A2M, ViCKy ~ERMAISE creasein'th~degree0fnonconfommnce, i J~6226. Rdque~t for a Variance under wiih ?e~d tb th~ f~&~ y~;:'~'~6~i2 at ! Section 280:124, based'on the Building less than the code-required minimum of , Inspectpr~$ ~ptarnb~ 5, 2008 Ngti~ of 4?. f~¢~q$%q~ this p%rcel containin$,2~,322 Oisappr&-O! a6ilcepa nga pit)posed:gal5 ~[~. ~c4~0n of Pr0pet/~ ¢5 diti6n Wh~ch'~l~b¢ t~S~ ~~ t~¢~4de~ ~X~e~ (~1~50 ~e~etts ~t~et:2t'345 Bunny ~fi~TNe~ ..... i:I0 ~M~ ROMXNELLr 'REALTY Request for Variances undm Sections Cutcho~uc; (;TM 97 3 3 t (formerly 97- 280 15C and 280 124, based on the B ~ Idmg Inspector's amended Septem bei 2, 2008 Notice of Disapproval con cernin~ an acccssoly swin~nling pool propos~cd with a front yard setback at less than the code-required minimum of 40 feet and with lot coverage exceeding the code limitation of 20°,5 (maximum) on this buildable area of 14,679 square feet adiacent to the Long Island Sound. Locatkm of Property: 105 Soundview Avenue, Southold; CTM 1000-50-2 3. 10:05 A.M. FRANEKER INVES'F MENTS, INC. #6220. Request foz a Vari- ance under Section 280 15, based on the Building lnspectm's September 4:2008 Notice of Disapproval concerning a .... r-~,~*~i*h'a Inlet at 1960 Mill Lane, 3-3). Request for a Special Exception B)r a contractor*s yard and for Variances under Sections 280 42A and 280 43A & C, based on the Building InspectoCs November 19, 2007 amended Notice of Disapproval, concerning a proposed buildings on ibis 63,338 square foot lot in a LB Limited Business Zone District (1) pursuant to die Bulk Schedule, one use per 80,000 square feet is allowed in the Limited Business (LB) Zone, and the proposed construction (three bui!d 280 40B(2). lng garage with nonconforming sleeping lng reasons: (1) the new dwelling and the a secm d awelling: (3) thc accessoD ga- eljiti~i~ ga~ that the ne, ~ : ~ single sid5 yard _a t_ ~le.s<s '*.ot-(9~ will have~ a [1 : ;' ' ~ERAI~D P' GOEItRINGER~ .SOhthoid}N¥ 11971-0959 business 911l-lT 11127 ~ the hear- LEGAL NO~ICE~ TOWN GEITZ #6218; Request for a Variance the BuildifigJlnSp*cto~ ~7lun~ 10, 2~8 ': Noti~ of Disappiovab~}oncernln~ an n~ ~i~(wate~ m~rk df ~he Long lslahd So~fi~;:at;i580 Le~t~n ~rive So~tfiola~ l~:~S AM FRANK SCA~O[~ ~i24. Raq~ests ~or: (1)a S~eei~!~g~ ception under Section 280d3B for ~¢ versmn of an existing braiding to a t ~. the Bhildifig [fi~tO~?g~h 3~ d?S0 ~ st~fingthaf (a) c0nve~$ ~n 6f, two;fiL~sr sou buildihgs fdFfi~Sg} m-n'e ~tbr~e is a nbn2~rmittea U~6; ~f13 (b5 that ihe 10t ske is ggquired t0 be 169,0~0 square fe~t for &i~0;f~mily 04$Biho. ~n¢ Dietrich triec:E~afion ¢~m0pertyi 4850 souna CHRiS'BNA VOLINSKI NO'TARY pU~LiC-S~AT£ OF N~.W ¥O~K NO, 01.VO61 05050 Quoltf[ed in Suffolk county ~nce Under S Location ~ Road, Soutfi01d; GTM 100t2~63,7-25. ~ gui:in- ,, 9:40 AM vICK¥ ~ERMAISE #6226. Raqu~st for a Variancd under Section 280'-124; based 'on the Building less than the e0de-required mifiimum of J !nspegto~r'~ S~ep~temb~ 5, 2008 Notig~ 0[ 44]~f~$[o~: this parcel ~n[ainin~2 Disap~ia~fii q6~ce~inga pr~pbs~ ad* s~e~. ~cfi~h~ of:Prdp~ 695 ,equl[~ mm~mot 50 f~t [or ~he !ear Lane), Sgutho!~i ~M 7~8:}~ 280 15C and 280 124, based on the Buiktmg Inspector's amended Septem bet 2, 2008 Notice of Disapproval con cerning an accessory SWilnlmJng pool proposed with a front yard setback at Iess than thc code requhcd minimum of 40 feet and with lot coverage exceeding the code IPnitation of 20% (maximum) on this buildable mca of 14,679 square feet adiaccnt to the Long Island Sound. Location of Property: 1(15 Soundview Avenue, Southold; CTM 1000 50-g 3 I0:05 AM FRANEKER INVEST- MENTS, INC #6220. Request for a Vari- ance undel Scctiorr 250 15, based on Building InspectoFs September 4, 2008 No ce of Disapproval concerning a demolition of n ,4ccessory building) in a hmation other than the code-required front vard or rear yard Location of Prope/ty: Fishers Island Sound, Private Road eft East End Road, bounded on the west by }Icnkel and on the casl by Southold: CTM 1000 67 7-11. 3-3). Request for a Special Exception for a contractol's yard and for Variances under Sections 280 42A md 280 43A & C, based on the Building Inspector's November 19, 2007 amended Notice of Disapproval, concerning a proposed contractoFs yard and three principal buildings on dds 63,338 square foot lot in a I B Limited Business Zone District (1) pmsuant to ~he Bulk Schedule, one use per 80,000 square feet is allowed in the Limited Business (LB) Zone, and the proposed co~struc6on (three build ings is not permitted on a Mt contain (3) proposed Building #1 is not per lng reasons: (1) the new dwe lng and the a second ~elling; (3) the ~ccessorv ga single side yard at ess than th ez quired minimum of 25 feet; (2) wll have o not , Town.Southold.ny.us- Dated: N0vembOt ZONING BOARD oF Al>PEALS '; ~ '' i:[ B~ LiND~ KOWALSKI ' 54375 Ma : 530~sUain Ro~a (Hodi~sPS) - ~ .Soh~old,~ 11~i~59 s are avaib t bmine~s 9111 1T 11127 - the hear- Guy Sobering 5375 Sound Ave. Mattituck, NY, 12571 November 26, 2008 To: Southold Town Board of Appeals PO Box 1179 Southold, NY, 11971 Attention: Unda Kowalski Re: Filing #62:~7 with regard to Frank 5carola located at 4850 5ound Ave. REC Dear Ms. Kowalski I have no objection to Mr. Scarola's change to a 2 family dwelling and using the building for wine storage but would object to the property being used for wine tasting in the future. If you wish to contact me for any reason please address all correspondence to the following address: Guy Sobering 434 Greenwich St., Apt. 4F New York, NY 10013 I can also be reached on my cell phone......845-826-2261 Thank you for your attention to this matter. ing Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET Date: TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recordit~g) REFERENCE:: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] ....... NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: ~_.. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET Fax # TO: TOTAL NO. OF PAGES INCLUDING COVER: SENDER'STd~PHONENUMBER: 765-1809 (press I at voice recording) REFERENCE:: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT []AS REQUI.;STED [] ............... NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair ~.~[~] KENNETH L. EDWARDS MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM mo~ Gerard P. Goehringer, ZBA Chairman Members of the Zoning Board of Appeals From: Jedlyn B. Woodhouse, Chair Members of the Planning Board Date: October 6, 2008 Re: Request for area and use variance SCTM#1000-121-3-6 Zone: A-C 4850 Sound Avenue, Mattituck, NY The Planning Board has received your request for comments regarding the above referenced application for both an area and use variance in the AC zoning district in Mattituck. As proposed the applicant is seeking to convert an "under construction" one- family dwelling to a two-family dwelling and to use two of the three existing storage buildings on the lot as wine storage. This application has been reviewed for site development and the following comments are offered for the Board's consideration. Technical Analysis: 1) Article III §280-12 Purpose "The purpose of the Agricultural Conservation (A-C) District" is "...to reasonably control..." and "...to provide [an] open and rural environment..." The Town also has an "...obligation to exercise its authority to reasonably regulate the subdivision and development of this land.., while honodng the legitimate interests of farmers and other farmland owners." Article III §280-13(A)(1) Use Regulations "In A-C District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: (1) One family detached dwellings, not to exceed one dwelling on each lot." The applicant has been issued a building permit (#33123Z) to convert an existing barn into a single-family dwelling. Construction for this conversion has already begun. The applicant is now seeking to convert the barn into a two-family dwelling. This use is not permitted under §280-13(A)(1I). Further, in order for the applicant to erect a two-family dwelling, the lot size must meet the Bulk Schedule requirements. 2) §280-14 Bulk, area and parking regulations. "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C....Districts unless the same conforms to the bulk Schedule incorporated into this chapter with the same fome and effect as if such regulations were set forth herein." §280 Attachment 1 requires that the minimum lot size for a two-family dwelling in the AC District must be 160,000 square feet. This lot size is 96,572 square feet, falling significantly short of the required lot size by 63,426 square feet. In order for a two-family dwelling to be allowed on this lot, a variance would have to nearly double the lot size. The Planning Board would not recommend granting a variance which nearly doubles a lot size. (Note* However, §280-13(B) allows a two-family dwelling to be permitted by special exception by the Board of Appeals. If permitted by special exception, the construction of a two-family dwelling would not be subject to site plan approval by the Planning Board.) 3) §280-13(A)(C) Permitted Uses "Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings." A) While barns and storage buildings are allowed by this section of the Town Code, and while these storage buildings have been granted use by special exception in the 1960's for potato storage, the residential family dwelling did not exist at the time. The principal building identified as "building #1" on the plan was a barn. Furthermore, because the principle building on this lot arguably is the residential dwelling, the storage buildings become "accessory buildings or structures." §280-4 defines "accessory buildings or structures" as "A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building." The total square footage of the proposed two-family dwelling is 7,212 square feet. Bldg #2 proposed storage building is approx. 6,000 square feet. Bldg #3 proposed storage building is approx. 4,000 square feet. Given their sizes, the proposed accessory/storage buildings are therefore neither "incidental" nor "subordinate" to the principal residential building. B) Because the principal building on this lot is now arguably a "residential building" these existing barns/storage buildings do not conform with the yard requirements for the principal building. C) §280-15 Accessory buildings and structures. "In the AC District, accessory buildings and structures or other accessory uses shall be located in the required rear yard subject to the following requirements: Lot Size: 80,000 sq. ft. and over requires a minimum setback for side and/or rear yards of 25 feet. As they exist, Bldg. #3 and Bldg. #4 do not meet the rear yard setback requirements. Bldg. #3 is only 11.7 and 10.4 feet back from the rear lot line and Bldg. #4 is only 8.5 and 10.5 feet back from the rear lot line. Note: The lot coverage for this site is in conformance with §280 Attachment 3 Bulk Schedule: maximum allowable lot coverage for the AC district is 20%. The lot coverage of this site is 17.9%. Lot size: 96,567 sq. ft. Lot coverage 17,362 sq. ft. 4) Wine storage is not a permitted use under §280-13(A), nor is it identified as a "special exception" allowed under §280-13(B). Because 'wine storage' is not explicitly listed under 'permitted uses' or 'special exceptions' in the Town Code, is it therefore prohibited? The applicant, Frank Scarola produces his own wine/label by purchasing grapes from the Wolffer vineyard in Sagaponack on the South Fork and a number of other vineyards. He also intends to supplement/augment that supply of grapes with vines planted on approx. % of an acre on this particular lot. While "wine storage" somewhat fits in to the definition for storage use of agricultural related products, it can be argued that wine is a finished product and therefore outside of a more narrow definition of agricultural products as they relate to storage facilities in the AC zone. Instead, if this is the finished product it is related to retail storage. In addition, Mr. Scarola is proposing to use 2 of the 3 storage buildings as wine storage and the third smallest storage building for his own personal use. His representative, Bill Gorman, noted that Mr. Scarola would also be willing to use the two larger storage barns for the storage of tractors and bird netting etc. for the surrounding vineyards. Everything will be stored indoors, regardless of what is being proposed to be stored. Summary: Mr. Scarola is very interested in revitalizing and improving the property at issue. He is willing to do what is needed to achieve this goal. He wishes for whatever uses are allowed (to include possible home-winemaking classes) to be Iow-impact, have minimal traffic and to keep the property clean and safe. However, in order to achieve any of the requested proposals for this property Mr. Scarola would need a number of area variances and use variances. Therefore, based upon the above referenced Town Code sections, the Planning Board has serious concerns about the proposals for this property. The following comments are offered to the ZBA: 1) The Planning Board has serious concerns about granting an area variance which would nearly double the lot size to accommodate a two-family dwelling which, requires the area variance first in order to be granted the special exception to allow it. 2) The Planning Board has serious concerns about the proposed storage on this site. Wine is one suggestion, but so is storing tractors, bird netting, etc. The storage proposed on this site needs to be more clearly defined. 3) How will the items proposed to be stored monitored/enforced? What will prevent this site from becoming a more commercial storage/rental property vs. storage directly related to agricultural uses as proposed? 4) The Planning Board also has serious concerns about the combination of residence and storage on this one lot. Depending on what is being stored and how those storage barns will be used, there could be potential traffic problems and safety issues between trucks, tractors, and cars for the residents. 5) The Planning Board would also like to point out that turning into that drive from Sound Avenue can be quite dangerous? The Planning board would like the ZBA to consider potential traffic and safety issues. If this is all allowed, would it be possible for the property owner to possibly get an easement to use the read to the West of the property as access? 4 6) Given the combination of proposed uses, is this zone appropriate allow these uses? Because this property will all be rentals (residence and possibly storage), how do you distinguish between this property and the allowable uses of the AC zone vs. more of a commercial enterprise which is what this would be as all rentals? The Planning Board does appreciate the applicant's desire to improve the property, make use of the existing structures and create a Iow-impact on this lot, but given the above mentioned concerns, there are numerous serious questions and issues which might be useful to address more in-depth prior to any decisions being made. We hope that the information provided to you is helpful. Should you have any questions or need additional information, please contact the Planning Department. Thank you. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 4, 2008 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ DECEMBER 4~ 2008: 11:15 A.M. FRANK SCAROLA #6227. Requests for: (1) a Special Exception under Section 280- 13B for conversion of an existing building to a two-family dwelling, and (2) Variances under Sections 280-13A and 280-14, based on the Building Inspector's amended September 10, 2008 Notice of Disapproval, stating that: (a) conversion of two accessory buildings for use as wine storage is a non-permitted use, and (b) that the lot size is required to be 160,000 square feet for a two-family dwelling. Zone District: Agricultural-Conservation Zone District. Location of Property: 4850 Sound Avenue, Mattituck; CTM 1000-121-3-6. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny. us. Dated: November 13, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME SCAROLA, FRANK #6227 MAP # 121-3-6 VARIANCES SPEC. EXCEPTION REQUEST 2-FAMILY/LOT SIZE; WINE STOR DATE: THURS,DEC. 4, 2008, 11:15 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 i~ONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net November 13, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, December 4, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before November 20th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearinq, providinq the returned letter to us as soon as possible; AND not later than November 21st: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later November 25th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Postin,q for receipt by us by December 2, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · IZO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MEMO TO: Planning Board FROM: Gerard P. Goehringer, ZBA Chairman DATE: September 17, 2008 SUBJECT: Request for Comments ZBA #6227 - SCAROLA, Frank As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of Building Department's Notice of Disapproval, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED Frank 121-3-6 6227 9/10/08 280-13A&B 9/16/08 North Fork SCAROLA 7~24~08 280-14 Design 7/17~08 Collaborative Your comments are appreciated by October 12, 2008. Thank you. Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at. Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 MEMO TO: FROM: DATE: SUBJECT: Elizabeth A. Neville, Town Clerk Jerry Goehringer, Chairman April 8, 2009 Request for Partial Refund of Fee (6227 - Frank Scarola) A partial refund ($300) of the filing fee for the above application is recommendedl After a public hearing held in December and other services that were provided to the applicant, the application was withdrawn. Copies of the applicant's letter requesting a refund and Town's original receipt for payment are enclosed for your records. Also, if a refund is granted and issued, please note in the receipt records of September 2008 that the application is void and no other processiflg will follow. The refund may be returned to the business which submitted the original $600 filing fee check, noted beloW: New England Barns Inc. P.O. Box 1447 Matttituck, NY 11952. Thank you. Ik cc: Accounting Dep'artment (wi enc.) ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: September 19, 2008 RE: Zoning Appeal No. 6227 Transmitted herewith is Zoning Appeals No. 6227 of Frank S ... e Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Transactional Disclosure Form, Application for Special Exception (2 Pages), Letter from North Fork Permits Explaining Reason from Special Exception Dated September 10, 2008, Authorization Letter from Frank Scarola to William Gorman of North Fork Permits to Represent him in this Matter, 2 Page Copy of Action of Zoning Board of Appeals Dated December 19, 1963 for Construction of a new Commercial Migrant Labor Camp Appeal #623, 2 Page Copy of Action of Zoning Board of Appeals Dated September 30, 1965 for a Special Exception by Adding a New Potato Storage Building Appeal #805, 2 Page Copy of Action of the Zoning Board of Appeals Dated March 2, 1967 for a Special Exception to Expand a Non-Conforming Use, Notice of Disapproval from Building Department Amended September 10, 2008, Copy of Survey Showing Existing Structures Dated April 8, 1963 Prepared by Otto W. Van Tuyl & Son, Copy of Survey Showing Proposed Construction & Changes to Usage Updated July 24, 2006 Prepared by Joseph A. Ingegno, Land Surveyor, Floor Plans Showing 1st, 2nd & 3rd Floors Dated September 11, 2008 Prepared by North Fork Permits, 8 Pages Blueprints of Proposed Single Family House Showing Floor Plans & Elevations & Exterior Dated 1/17/2007 Prepared by North Fork Design Collaborative. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 9/17/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIYED 6227 SCAROLA, Frank 1680 $600.00 SE? 1 8 2008 Soul hold Town Clerk $600.00 By _~X---'"' Thank,,ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 09/18/08 * * * RECEIPT * * * Receipt#: 29023 Transaction(s): 1 1 Application Fees Reference Subtotal 6227 $600.00 Check#: 1680 Total Paid: $600.00 Name: New, England Barns Inc P O Box 1447 Mattituck, NY 11952 Clerk ID: CAROLH Internal ID: 6227 Second Floor Plan (~) Th~rcl Floor Plan ( i~.~)_ F,rst Ploor Plan 8EP t 6 2008 BOARD OF APPEALS o~o~. © Floor Plans A-1 SURVEY OF PROPERTY SlTUA TED A T MATTITUCK TOWN OF SOUTFIOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-121-0.5-06 SCALE 1"=50' SEPTEMBER 20, 2000 JULY 24, 2006 UPDATE SURVEY AREA = 96,567.61 sq. ff. 2.217 ac. CERTIFIED TO: FRANK SCAROLA N.Y.S. Lie, No. 49668 Joseph A. Ingegn Lond Surveyor PHONE (631)727-2090 Fex (631)727-1727 20' 88.5 LDG'°F1 BLDG #2 $ 69"'d' %0 SANITARY USE: DESIGN: SEWAGE DESIGN CALCULATIONS: SEWAGE DISPOSAL DESIGN: 26-266 0 5' O pm~ First F!oor Plan SCALE: 1/8' - 1'~)" %/~:~1 6 2008 -30.~,2D OF APPEALS ,i Proposed Second Floor Plan Proposed ~'hJrd Floor Plan 31t 13' 14' 15' Second Floor Girder and Joist Plan North Fork Design Collaborative William Gorm.n (631)445-1461 East Elevation Sca¼: 1/4" - 1 ',0" Board & BatOn lx6CadarTdm Cedar Shingt- 1 x 10 Cedar Plank Daa~ West Elevation ,Sea~' I/4" = 1 '.0" 2 x 10 Dauglm Fir Ra~ @16" On Center II A - 4 Section South Elevation A - 5 Section SC, A~: 1/4" = 1'-0" Section Detail North Elevation SCALE: 1/4" = 1'-0" South Elevation 5CA~: 1/4u = 1 '-0" SEP 16 2008 6 x 6 C. edar Pa~ Floor Thlra Floor Plan Floor Plan ........__.]~1'~ Ceiling Plan s~-: ~/~.. ~,o. ~ ~ Existing Interior Partitions Roof Framing Plan S~ab: 1/8" = 1' 0~' North Fork Design Collaborative WillJ,m GO,man ( 631 ~ 5-1461 ..,.~ .v~ s.~ Exi~ng Frmt Wall Foundation Seclion Existing Foundation Plan 1 i/4 SLOPE 1/4' PER FOOT PTI'CH TO DRAZN PLUMBZNG $CHEMATZC Not To Scale North Fork Design Collaborative William Gorman (631)445-1461