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Home My WebLink About6259 nn s~~s - e~ x . PL.47,rr, . a3 M,n~ E,u sc,c, 6y 1j1Ds1ny1- X,4 aFO-6aCe~ A6cy AMZF v.~C P,~ 3 Jig/oy - ~~P u~/co~vFzQ~.s 74f ~~a Office Location: rjf so Mailiniz Address: Town Annex /First Floor, Capital One Bank 41 41 53095 Main Road 54375 Main Road (at Youngs Avenue) P.O. Box 1179 Southold, NY 11971 Southold, NY 11971-0959 Cow, P~E JEl ED 1-~ http://southoldtown.norffifork.net 3.- VS BOARD OF APPEALS APR 2 7 2009 TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING DATE: APRIL 14,2009 ZBA # 6259 - MARTIN KOSMYNKA, Contract Vendee/Applicant (and M. MENSCH LLQ Property Location: 115 Commerce Drive and Depot Lane, Cutchogue CTM 96-1-1.2 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 29, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The applicant's 1.08 acre property is vacant land with 48.56 feet along the cul-de-sac at Commerce Drive, Cutchogue, and with frontage along Depot Lane for a distance of 173.70 feet. The property is located in the Light Industrial Zone District. BASIS OF APPLICATION: Building Department's November 25, 2008 Notice of Disapproval, citing Section 10043C in its denial of an application for a building permit for an accessory apartment within a public storage building is not permitted under the provisions of the zoning code for accessory uses. Also the Building Department's Notice of Disapproval states that under Section 280-64C, no single structure shall have more than 60 linear feet of frontage on one street, and the applicant is proposing 75 linear feet of frontage along Depot Lane. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 19, 2009 at which time written and oral evidence were presented. Based upon ' all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: VARIANCE RELIEF REQUESTED: The applicant wishes to add a 1,453 square foot apartment (dwelling unit) next to the 1,128 square foot office area, all within one of the proposed new buildings referred to as Phase 2, to be built for public storage use in this Light Industrial Zone District. The Page 2 - April 14, 2009 ZB File Ref. 6259- Martin Koa..,ynka and• ensch LLC • CTM 96-1-1.2 applicant also needs relief from the 60 linear feet of building along Depot Lane for an additional 15 feet of linear feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The shape of the lot is wedge- shaped making it difficult to design a building that could conform to the 60 linear foot requirement of the code. The new apartment (dwelling) unit will consist of 1453 square feet and is proposed for the purpose of residency by the manager-employee of the public warehouse facility at this site. Access to the storage units by the public is available 24 hours a day by the employees of the warehouse facility. If the variance were not approved, an employee would not be able to reside at the site as part of the management and security of the public warehouse operations. 2. Town Law §267-b(3)(b)(3)(2). The benefit sought by the applicant for on-site living space for the manager of the public warehouse facility cannot be achieved by some method, feasible for the applicant to pursue, other than by approval from the Zoning Board of Appeals for variance relief. Because of the wedge shaped lot, the applicant needs to have the widest part of the facility near Depot Lane. The 75 linear footage of building has been designed architecturally in a zig-zag shape and will be screened by heavy landscaping behind the building to soften the effect on Depot Lane. 3. Town Law §267-b(3)(b)(3)(3). The variances granted herein are substantial, for the proposed accessory apartment's residential use in an LI Zone and for a building proposed with more than 60 linear feet along Depot Lane. 4. Town Law §267-b(3)(b)(3)(5). The difficulty was self-created when plans were designed for a business with a residential unit in a Light Industrial Zone District and greater than the code limitation of 60 linear feet. 5. Town Law §267-11i(3)(b)(3)(4). No evidence has been submitted to suggest that a variance in this community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an apartment for the employee-manager of the public warehouse facility, and making the building more than 60 linear feet along Depot Lane, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Weisman, and duly carried, to GRANT the variances as applied for, as shown on the site layout map dated October 2008 prepared by Kenneth H. Beckman, L.S. and plans Al, A2, A3 prepared by DiGiovanni and Page 3 -April 14, 2009 ZE File Ref. 6259- Martin 1Ku~mynka and M. Mensch LLC CTM 96-1-1.2 Associates, Architects on 11/17/08, subject to the following: 1) The size approved is for 1453 square foot (apartment unit) within this building; 2) The purpose shall be for residency by a manager-employee of this public storage building. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehri (Chairman liv 2Snimo. m , and Schneider. This Resolution was duly adopted (5-0). RD P. GOEHRINGER, CHAI N / U /2009 Approved for Filing BOARD MEMBERS Q f SOUT Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 Eric Dantes Southold, NY 11971-0959 41 41 Office Location: Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Horning 54375 Main Road (at Youngs Avenue) Ken Schneider ~yCOUNTY Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 December 16, 2013 Southold Town Planning Board Attn: Brian Cummings RE: Martin Kosmynka, ZBA #6259 Dear Brian: I have reviewed your request for a de minimus determination in the above referenced Board of Appeals decision, along with the related changes proposed in the modified site plan, dated last revised 10/7/13 prepared by Kenneth H. Beckman, LS, labeled Preliminary Site Layout sheet 1 of 1, and the V and 2nd floor plans labeled A-1, Elevations labeled A-2 dated 10/7/13 prepared by DiGiovanni & Associates Architects. I have determined that your requested modifications are de minimus in nature for the following reasons. 1. The revised site plan and drawings do not propose any changes to the relief of 75+/- lineal feet for the elevation of the proposed building fronting on Depot Lane, as granted by the Board in decision #6259.2. The changes will actually improve the circulation on site for fire safety. 3. A 20 square foot increase in the size of the proposed manager's apartment, as called out on the revised site plan, will have no adverse impact and will be in keeping with the Board's intent to limit the size of the apartment. 1. The proposed changes do not create any new nonconformity. Please also note that the applicant must comply with Chapter 236 of the Town's drainage code. I will instruct the office to send a copy of this letter to the Building Department. If you have any questions, please call the office. Si erel Leslie Kanes Weisman Chairperson/Dept. Head CC: Michael Verity, Chief Building Inspector a Office Location: QF $OOryolo Mailine Address: Town Annex /First Floor, Capital One Bank 53095 Main Road 54375 Main Road (at Youngs Avenue) P.O. Box 1179 Southold, NY 11971 ~O Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 22, 2009 Mr. Martin Kosmynka North Fork Storage 50 Commerce Drive Cutchogue, NY 11935 Re: ZB~~A File No. 6259 -M. Mensch LLC/Martin Kosmynka Dear Mr_~ ka: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the Board of Appeals Meeting of April 14, 2009. Please be sure to follow-up with the Planning and Building Departments for the next step of code reviews and building permit application process. Before commencing construction activities, other agency approval(s) would be necessary. Thank' you. Very truly yours, owalst Encl. DAA DiGiovanni & Associates Architects I 7~011a' 26 preston avenue sea cliff, ny 11579 I (516) 671 - 3624 fax(516) 759-7138 ~ 0 O I 01-40 PEGIST F x 3 O A OTC q,9n2 c< m n m fO~ '6~~ O 2Z ti m ,c eg 4 / YOPK I: enx N78'45'10"E 6•rIN LMN Piexoe 44~.~' OJN OiN 1Y ~ ~ 51TE 51TE Leo y LY ^AM1P PN:. o.ie ~woe Pv,wnus auPPeR IP ~Y ISSUE D % n LnNOenx eo> "ft }IGE let, l U a 5 WJ m e~,~t m I w r iLMMAN'-i OIMRA 9 n oveA orvice . uP*' I v P. t 9 0 n" o FT naP I ISl/~pllYS VIA%u"E 9 OS D STORY STORAGE EUI DING with O L IGSln 9P. V4X PLWR' O9N _ KEY MAP I r d ,GJ SL~LlP . iN' a r \ W~M1P,Ni1119 dIPPP t 515.60' / \ I I ¢ ~ V 7 \ r d ~ r h~ /N y16 p6~3p' W m J~ ~1 \ e DyN 9 a FINAL MA:ON ESE DECI,Z DAT1:DL ~ /I n SITE PLAN A-I I" = 30' A B G E F G H I J I I I ~'90'_O" I I I I I I I ~ 40.0" 101-0" 101-o" lo'-O" 10'-o" lo'-o' Io'-O" 1o'-0" 10'-O' 10'-O" 10'-o" 10'-0" 101-0" 101-0' 10 o' 10'-O' r- 10' O" 10' O' 10'-0° 10'-O" 10'-0" 10'-O" 10'-0 " 10'-O' 10'-O" 10'-0" I I ~ I ~ I I I I I I I I I I I I i I I I I I I I I I I I ~ DEC -2(p I I I I I I I I I NE ILL I 7R or APP7- I F I I I I I I I I I ~ o ~ I I I I I I I I I I I 0o ryry I I I I I I I I I I I I I R E V 1 9 1 O N 5 _ THESE RN5 ARE AN IN5TRAENT OF SERVILE MA ARE TIE PROPERTY OF THE ARCHITECT. IIFRINSENENTS WLL BE I I I I I I I I I I I I I PROSEQIIED. o STEEL OOLllMN ('GYP) CONTRACTOR SHALL VERIFY ALL FIELD CONDITIONS AND I I I I I I I I I I I I I II I m DIIEIUM AND SHALL BE RESPONSIBLE FOR FIELD FIT I I I I I I I I I I I I I AND QUANTITY OF WORK. ND ALLOWANCE SHALL BE MADE ON THE BEHALF OF THE CONTRACTOR FOR ANY ERROR OR 1E6LECT ON NI5 PART. I I I I I I I I I I 'O'1 wcx. aM 4 I I I I I I I I I I I I ~ i O O O North Fork yi I I I I I I I I I I I I I , I Self Storage I °o 'I j ~I I I I I, I I I I I I I I I I I I 115 Commerce Drive I ~ Cutchogue, NY I I ~ I I I I I, I I I I I I I I I I I I I I I I I I I I I I 51TE and CELLAR PLANS I NOTE: EWILDIN615100%SPRINKLERED&11LDIN615100% SPRINKLERED c A Y e AM1 196'-9' 40 3 13 250'-O" A5 ATE GGALe OF 3 ORAYlJ w JB CELLAR PLAN ow"eo BY DD I i i A B G D E F G H I J K K L M N O P Q R 5 T ll V W W n sso'-o" Y Q Z DAA 190'-0' 40 0.1 10' o° lo' o° lo'-o' lo'-o° lo'-o° lo'-o' lo'-o" lo•-o• 10'-0" 101-0' 101-0" 10'-0° 101-0' 10'-0° 101-01 .-0. DiGiovanni & , I I I I , I I I I I I I I I I I Associates Architects I W'-O" SLIDING ~OOR lR 0 26 preston avenue , I I I I I I I I I I I ~ RM sea cliff, ny 11579 (516) 671 -3624 0 TER fax(516) 759-7138 © 0 0 , O © O O © © O O © O O -01941 TER P L O 10x10 10x 10 10x10 10X10 10.10 10Xb 10x10 10.x IO 10x IO 10x10 0.10 10x IO 0.10 10x10 10x IO 5x10 I IDN STOR c I O I I F 01-40 O I ry O AIF. A_ PEGIS f7EQ SxSO ' 1 O 10x10 18R 11~ 11 x10 0x 10 lox0 10x10 10x10 OMER 0x10 I0x10 0.10 I0x10 IOxb IOxIO J10 IOx10 IOx IO OXIO O ~.I IAX A O~~"ggGS O M a O © © O 5x10 A ~ Y © © 0 © O O © © O O 5x50 195'd'x9D'-D• I ]!'d'r1E'-0' Ym 8 2 , , , I I I 1 1 1 1 I I 1 I I I I O 769 0 NFW YOA~ I O O 15.10 I ' I I O O O O I ~ m 55UE0 5x10 IOx10 IOxb 10x10 IOxI © I I O c OxA 1 T I O ~oXIO IOxI! O I O ~ IOxp O I I I 0x16 O I I , I - N I 10xio V.v 10.10 1 lX 10 O I I 13 oxb s0 O O Xx10 , 10 x95 bO ° - I I 0 xJ'S 1 I 10 X~ to x9D IO x99 O bx O O O 1 I Dx9 O I ry I I I I I I I I I I I I I olo.n O bx1 5 IO I 10X0 I 1 1 1 I I I 1 I I I 1 ~ ~ I lc 1o xs! O NG DIOOR I I I I I I I I I I I I I I Oxx O j*NOTE: BUILDING 15100% SPRINKLERED 196'-9" 196'_9" 40'_3" 250'-O' 13'-0° FIRST FLOOR PLAN A-2 A B G D E F G H I J K 1ITN 0 P Q R 5 T U V W n X Z K Z 5'-0° 5'-0" 5'-0" 5'-O" 190'_0" 40 0" 1 I 10. O" 10' O" 10'-O" 10'-O" 10'-O" 10'-O" 101-0" 101-0" 101-0' 101-0' 101-0' 101-0' 101-0" 101-0" 101-0" 101-0" 101-0' 10'-0" 10'-0" 101-O" 10'-O" 10'-O" '-0' I I I I I I I I 1 I I I I I I I I I I I I Ir<~xwa oma ~ - V11L. l o JE N AL MAP VIEWEn Rv -y6,.. I KITCHEN io EE, DECISION # "51 1 u ED OOMNDY I KITCHEN I I I I I DN o~ on O' 10x5 10x15 10x6 10.15 10x15 O I 10x15 10x15 10x15 fox 15 10x15 10x15 10x15 IOx15 O n 0 © © Q Sx 15 5 r15 5x0 5 x15 5x5 5x5 5x5 DN yq i- © ©O © ©O © © 05 ® ® ® ® ® ® I Llwr-SroININ6IIRM b 10x20 I I ® 4 Irr ruo o~orlrc RE V 1 5 1 ON5 O'OYIWO m O O © © O O 2 2 2 0 2 2 w1t. THESE PLANS ARE AN IHSTRIMENT OF SERVICE AND ARE THE O 5x10 10 M 5TE loxm 10 xm 10x]6 W.M IOx]5 10 x]I 10x lb 10x16 10.14 10x15 10x12 BEDR M PROPERTY OF THE ARCHITECT. IHFRNSEPENTS WILL BE O loxla loxes loxro lox 10 o FR05M)TED. I BAhp4 I I CONTRACTOR SHALL VERIFY ALL FIELD Yi OTM AID 5 5 5x5 5x9 ra•~9c ~ ravra 1 DIHENEM AND ENALL BE RESRORUBLE FOR FIELD FIT AND OUMMY OF WORK. NO ALLOW)a SHALL BE WADE 0 ON TIE BEHALF OF THE CONTRACTOR FOR ANY ERROR OR b lox 10 O I I I I I - HEBLECT ON 145 PART. O O 5.10 10x10 10x10 lox 10 10x10 5x10 b I 1 I I r O O © © O O I I I 1 8 North Fork loxes ©I b silo laxro O 9 I I I I I I I I I Q © sxw Self Storage 0.16 lox 16 10x1 loxm 10x10 3 10 x 10 - 115 Commerce Drive 10 .14 lox 16 IOxl6 I0x11 OXIZ I I I I I I I I I I I Cutchogue NY O I I I I I I I I I I I ~ 1 ~ in ry I I I a~ r,.M Ist and 2nd pyl - L*NOTE: BUILDING 15 100% SPRINKLEREO FLOOR PLANS 196'-9" 196'-9" 40'-5' 151-0' VPV08 X50'-O" DATe AS NOTE SCALE -2 OF 3 n SEGOND FLOOR PLAN G"M w JB c"eco x DD L - J DAA DiGiovanni & Associates Architects METAL STANDING SEAM q LINE OF ROOF 6EYOND 26 preston avenue ROOFING (TYP) J SLOPED 1/47FT. sea cliff, ny 11579 (516) 671 - 3624 fax(516) 759-7138 v 8® INGLtt~ MAT 51D METAL LEADERS 6 0 01-40 PEG15TEq ~ OPJ\D D~CgPP m h "v m G Z G TO Ind ~v FLR TO-2nd FLOOR i = y EL t10'-B" 11 11 ILIJ-11 JI 11 1111 111111 111111 H 111111 111111 111111 111111 11 11 11 11 11 11 11 11 11 11 11 1 11 Ij 11 11 11 1 Hill IIIII III I I 1 11 1 1-11 EL. *10'-8" m OA, 'cs o m NEW YORK TO Isk FLR O DATUM EL -0'-0" TO Ist FLOOR I DATUM EL. +0'-0' 1 5 5 L E D b 9'-0' WIDE METAL ROLL UP CUTTERS • 40'-O't OL. I OOOR5 (TYPJ (TYPJ 'VINYL 51DIN6 (ttP) I I I I 4 I I ~ I I I I CELLAR - - _ - - I EL. 42'-0" EAST ELEVATION LINE OF ROOF BEYOND METAL SIDING (TYP) ELOPED 1/47FT. METAL STANDING 5EAM ROOFING (TYPJ O I t t f~ v m TM IM ry P F EL t10'-S' Ti t O1' nd FLOOR m EI EL. +10'-B" O 0 TO Is! FLR DATUM EL f0'-0' I METAL LEADERS 0 Tf TO Ist FLOOR D DARN EL. +0'-0 VINYL SIDING (TYP) i GUTTERS a t4O'-O' O.L. (TYPJ 9'-O" WIDE METAL ROLL UP El DOORS (TYP) Q I I I I I I I CELLAR -----------------1I. I I I I I - _I- - 7 EL. -12'-0' WEST ELEVATION F NAL nnHr EVIEWED BY ZBA E DECISION # - TED II 1-1~-100 RE V 151 ON5 THESE FILM ARE M INST KNT OF SERVICE AND ARE TIE FROPERN OF THE ARCHITECT. IWRINSENTBIT5 WILL BE PR05ECNED. METAL 5TANDIN6 SEAM CONTRACTOR SNA.L VERIFY ALL FIELD COIMORE AND ROOFING (TYP) WALL 516N DIMENSIONS AND %XL BE RESPIMI LE FOR FIELD FIT AND CBAMITY OF WORK. NO ALWKANCE EHALL BE MME a a12 'r ON THE BEHALF OF THE CONTRACTOR FOR ANY ERROR OR NEBLECT ON HIS PART. r NORTH FORK elf tarilL O m I' ~ r North Fork TOZnd FLOOR m T01nd FLOOR EL. tl0'-H' Self Storage METAL m m b 0 115 Commerce Drive 11 51DIN6 - _ ~ ~ - TO let FLOOR TO Ist FLOOR I DATUM EL. +0'-0' DATUM EL. •70" Cutchogue, NY HORIZONTAL VINYL SIDING I W-O" WIDE METAL ROLL UP I I ~ ~ I DOORS (TYP) b DEC -o~z 200B ELEVATIONS I I I I I I I I ~ I CELLAR i - I CELLAR C---_---_-LL--_-LL---_~_---LL--___------_CI EL.-12.-0" II/IV08 NORTH ELEVATION SOUTH ELEVATION PATE A=3 -3 3/32" = Fo- A-3 A5 NOTED 9LALe 3 OF 3 ORA w J13 cxeuceo er DD J i cl covER~ " 6" REINFORCED a EXPANSION JOINTS CORPORATE ROAD FINISHED GRADE CONCRETE APRON N 1 1/2" W/ 6"x6" 6/6 NWM •i5'-0•' (FIRE GATES) M 24" 24• z ifl . 16'-0° (ENTRY GATES) _ I ~ m 4 a. DOUBLE SVVING GATE 0 N y° o LIQUID LEVEL = `0 4"®1/8" PER FT. _ 1_2' _ PAVED QOM TL • 2' .5" a'-G" DRIVEWAY s PO~ GPO 9a!! 4"INLET (SLOPE DB"/ I o G~ O 1/4" PER FT. DROP lEE ; SECTION A-A w Z m ~ O ON, L _ _ _ I A r z I 0 ID RAIL ! F 6'-2'p a 4'-B^ I-- A 9~F SITE O WIDTH OF PAVEMENT a~ G~ SEPTIC TANK DETAIL I ~ ~ I 1000 GALLON TANK) a EXPANSION JOINT y11) _ J O ~ ~ N 1p U m I w CONTRACTION, Cli P a ° J to O PO FINISHED GRADE GATE S~1]P- GPO RP\~ P 0~,4.~ oF,o PLO u `ol EXPANSION oT G \5~ . !9~ SON n JOINT F 1/8" PER FJOINT MINIMUM EXPANSION MIN. w n-I 2a' EXPANSION CHAIN (LINK FENCE GATE, 0 EXPANSION f JOINT JOINT JOINT O > I KEY MAP MIN. WIDTH 30' FNC. ~ m ~oo OfiN o w ~ SCALE: 1" = 600' PI E TO BE MINIMUM- PLAN A FN~• N °u REMOVE EXIST. / /'g 0? N REMOVE E)IIST. ASPHALT DRIVE [7G 2400 CLASS PIPE w mTnEnIm- 300 SO. FT. CONCRETE APRON DETAIL f71 ASPHALT DRIVE I SEE PLAN FOR _ OPROP• ~ 1 ~ T APPROPRIATE CASTING q" CONCRETE COVER FINAL GRADE WHERE APPLICABLE oo~ MINIMUM U NOT TO SCALE 00 PROP. +40s /ary 'RNA'y ' l , 1 T (4y21 1 m CURBS CONC. -PROP. ODNC. CONCRETE BRICK WITH N / 1 e o CURBS - MORTAR & 1/2 P.C. MORTAR fth - p5 BARS ® 6" EACH WAY 1 ~q0.9~ / ~4yi1 9p 5SIPA > 'J~ OD f 2' MINIMUM B'-O" DIA. (TYP.) LOT No 1 ARED) .r 6" PVC ROOF DRAIN TO GROUt{ID WATER (VACANT OLE 1 ;LEARE~) r, V REMOVE t y SYST. 0.10 ('A•p51 r 12" ADS SEE PLAN & STRUCTURE N-12 SCHEDULE FOR MORE INFO. 1 1 n' \NV.T' 1NV• \ RELOCATE D.W. (59.75) y EXIST. D. (39.7) o CT w~ I SANITARY LEACHING POOL TOR ENTIRE POOL TO BE IN CLEAN SANG AND GRAVEL P(10.1) FZ `-GRAIN p-O" WIDE SAPID & GRAVFI RING COLLAR ALL AROUND WITH A 3' MINIMUM COLLAR \N L\NK.`ENpE SYST,No,i \ SYST~o•\ (40•'i1~5 2 0 TDB \~y l'/ FG~N ea T~ 4a, e D.W. EL( L I / CHA .B (43.z) I L~~ ~.o 410"1 \MaFl(µ1 z A ec(~ie~ ec°ao. 4"ip, E P (+3.2) • R P O F. 63 ~3.F• A,m a0 / GROUNDWATER ° SEE. DRAIN GE'CAL P I / 1 D.W. .2(~ t40 nGES trp m. I )000",0. p(43.41 "'m I ~ 'm ~ ~pPp\N0 J n fNC. x 6 sPPR ~ \ N ~ i \ I 35\ 5F• 'f i / DRYWELL I 9 0?N P ~3' SYST.No.3 • l o lop \qp 05 / REMOVE O.W. EL cY Fo15 I k3.6 `1 a (43.2 i R a P 43Q EXIST. D.W. 9 / NY Y"' lo~l s' I 1-112" F-1-1/2" ASPHALT 7A~ o . AM i / N. 76.0' 50 MG 0.6 \ lp + 25.0' 2 Sri. ST ~yqq c,~ 0 SYST.No.9 ri pl I'OS -4-ryoe ws, \ ,yti .9 O.W. EL SP PGF,S\G I .f_~ \ \ TC 41.74 ~r_ -BINDER COURSE i PR~~2IFF Al lM~ ~illF \ m 1 GF5 G / :t aRSE COURS i ate.. l.,_ A% 1 REMOVE \ . /a~ o SP ELT SYST.No.E ~1 O IANV4L 0 UUMYAUILU SUIL EL *4 TYPICAL SECTION - ASPHALT PAVEMENT tI o ('u'I) \ FP 1 pl"3 / • D.W. 1 IIII (43.2) ) V.2 T 'No *or p a ~ 21 y 5 ~ ~ ll ~ 11 ? CHI e ~I a I o ` REMOVE OR1AO6 aR~not-~/x' a FINAL R_i, M z EMST. D.W'S SYST.N~ \ , I 6?, GRADE L PMHINa 5 I 5A \ D.W ~L ~i \ wel ` JI x#-2 I o; 2 5. m~ o. + 91 -mac- ~ 3 6RUSN1 LEGEND ADJACENT P AVEMENT v -F / mss, RIDOE IJN GRAPEN TE aQ 0W / i ~ NP1JaP 'r FIN L MAP `J PCPFII / PROPOSED LANDSCAPING . r 1 REVIEWED BY ZB 7" e• 'W' PROPOSED WALL LIGHTS TAT T PROPOSED SIGNS CUR CURB DE E, DECISION ASPH. CURB DETAIL • PROPOSED CONC. FILLED BOLLARD EDN/ o \ SYST.No,.S ,j • l Is o • OG.P EXIST. CONC, FILLED BOLLARD . CERTIFY THAT THE WATER SUPPLY(S) a E \I~ (43.2)1 • 43.2) 6~On \~I ( 1 AND/OR SEWAGE DISPOSAL SYSTEM(S) FOR THIS Q 1 J I /Np, yt~ ~g P(LC~ p 'lr~~ co 60 ' SANITARY CALCULATIONS PROP. TRANSFORMER PAD PROJECT WERE DESIGNED BY ME OR UNDER MY DESIGN FLOIi PROP DIRECTION. BASED UPON A CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND YYY AREA OF SHE = 1.01329 ACRES D . DUMPSTER GROUNDWATER CONDITIONS, ALL LOTS, AS DRAINAGE CALCULATIONS ARTICLE fi LONE DESIGNATION = IV ALLOWABLE FLOW PER ACRE = 900 G.P.D. ESTIMATE OF QUANTITIES PROPOSED CONFORM TO THE SUFFOLK COUNTY b SYSTEM No. 1 SYSTEM No 7 DEPARTMENT OF HEALTH SERVICES CONSTRUCTION +s M PAVT. AREA = 1585 S.F. x 100% x 2/12 - 264 CU. FT. PAVT. AREA = 1345 S.F. x 100 1345 S.F. x 1008 x 2/12 = 224 CU. FT. DENSITY = ..0828 AC'S z 600 G.P.D. = 650 G.P,D. TOTAL ALLOWABLE GJ IV~ G f 212 S.F. x 10% x 2/12 = 4 CU. FT. DESIGN FLOrl COBBLESTONE CURBING NONE OWN o I GRASS AREA = 253 S.F x 10% x 2/12 4 CU FT. GRASS AREA = 212 S.F. x 10% c ROOF AREA = 1205 S F. x 100% x 2/12 = 201 CU FT. ROOF AREA = 1424 S.F. x 1001 1424 S.F. x 100% x 2/12 = 2,37 CU. FT, OFFICE SPADE = 1128 S.F. x 0.06 G/S.F. = 67.68 G.P.D. CONCRETE CURBING NONE MAR OWNER: STANDARDS IN EFFECT AS OF THIS DATE. MARTY KOSMYNKA I TOTAL REQ. CAP. = 469 CU. FT. TOTAL REQ. CAP. = 465 CU. F' > = 465 CU. FT. 3 BEDROOM APT. 1453 S.F. - 300 G.P.D. ASPHALT PAVING 22,683 SQ. FT. P.O. BOX 1270 in USE 1-B' DIA. 12 V.FT. = 507 CU. FT. ACT. CAP. USE EXISTING 10' DIA. 12 V.FT. Y DIA. 12 VYT. = 821 CU. FT. ACT. CAP. TOTAL REQ. CAP. - 367.68 G.P.D. WALKS 356 S. F. P. 0, SEPTIC TANK CUT CUTCHOGUE, N.Y. SIGNED SYSTEM Na 2 SYSTEM No. 8 M / PAVT. AREA = 1585 S.F. x 100% x 2/12 = 264 CU. FT. PAVT, AREA = 1345 S.F. x 100 RED. CAP. 367.68 G.P.D. x 2 DAY FLOW = 735.36 G.P.D. FENCING 1455 LIN. FT, „,'~CL~I'~I_; PRELIMINARY SITE LAYOUToEC -z 2008 11 1345 S.F. x 100% x 2/12 = 224 CU. FT. PROMDE 1+4.670.17 4.5' LIQUID DEPTH = 1000 GAL. CAP. DRYWELLS SEE DRAINAGE CALCS. 212 S.F. x 10% x 221E = 4 CD. FT.4 PARKING REQUIREMENTS h GRASS AREA = 253 S,F. x 10% x 2/12 = 4 CU. FT, GRASS AREA = 212 S.F, x 10% p FAG ROOF AREA = 1710 SF. x 100% x 2/12 = 285 CU, FT. ROOF AREA = 1156 S.F. x 100: 1156 4F. x 100% z 2/12 = 193 CU. FT. LEACHING Pppj, M / 1ryO• Tto OT's TOTAL REG. CAP. = 553 CU. FT. TOTAL REQ. CAP. - 421 CU. F1 / USE 1-8' DIA. 14 V.FT. = 591 CU. FT. ACT. CAP. USE 1-8' DIA. 4 V.FT. = 169 C > 21 CU. FT. REQ. SIDE WALL 367,68 G.P.D. + 1.5 G.P.D./. F. . 2BY. 4 = 169 CU. FT. ACT. CAP, EFFECTIVE DEPTH REQUIRED S.F. 245.12 + 25 S.F./VF. = = 9.8 V. F, OFFICE SPACE = 1128 S.F. - 100 11 SPACE$ FROM OM SYSTEM 7 525 CU. FT. USE 1-8' DIA. 12 V.F. EFFECTIVE TIVE DEPTH NORTH FORK SELF STORAGE,?#429F A F Z / TOPSOIL In SYSTEM No 3 PLUS SURPLUS FROM SYSTEM 7 / PAVT. AREA = 1585 S.F. x 100% x 2/12 = 264 CU. FT. SYSTEM No. 9 SITUATED AT / HEAW t GRASS AREA = 253 S.F. x 10% x 2/12 = 4 CU. FT. PAVT. AREA = 1345 S.F. x 100 / LOAM ROOF AREA = 2320 S.F. x 100% x 2/12 = 387 CU. FT. GRASS AREA = 212 S.F. x 10% SITE DATA WATCHMANS QUARTERS = 1 SPACE REQUIRED 1345 S. F. x 100% x 2/12 = 224 cu. FT. STORAGE SPACE 20,909 S. F. + 1000 =.21 SPACES DES TOTAL REG. CAP. = 655 CU. FT. ROOF AREA a 914 S.F. x 100% 212 S.F. x 10% x 2/12 = 4 CU. FT. AREA OF SITE 47,166 S.F. TOTAL SPACES REQUIRED = 33 SPACES 314 S.F. x 100% x 2/12 a 152 CU. FT. CUTCHOGUE USE 1-10' DIA. 10 V.FT. = 684 CU FT. ACT. CAP. TOTAL REQ. CAP. = 380 CU. F' = 380 CU. FT. FLOOR AREA OF BUILDINGS INCL. OFFICE & APT. 11,758 S.F. PARKING SPACES PROVIDED - 7 SPACES CES TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK SYSTEM No 4 USE 1-8' DIA. 10 V.FT. = 442 / PAVT. AREA = 2000 S.F. x 100% x 2/12 = 333 CU. FT. to V.FT. = 442 CU. FT. ACT. CAP. TOTAL AREA OF BUILDINGS INCL. OFFICE & APT. 23,490 S,F. DES S. C. T. M. 1000-096-01-001.2 / ROOF AREA - 3225 S.F. x 100% x 2/12 54 CU. FT. SYSTEM No. 10 PERCENT OF LOT OCCUPANCY 24.8% LANDBANKED SPACES PROVIDED = 26 SPACES DES PREPARED BY: PREPARED FOR: + SAND & TOTAL REQ. CAP. = 387 CU. FT. PAVT. AREA = 8400 S,F. X 10C GRAVEL o h USE 1-8' DIA. 10 V.FT. = 422 CU. FT. ACT. CAP. GRASS AREA = 2000 S.F. x 10 9400 S,F, x 100% K 2/12 = 1400 CU. FT. AREA OF LANDSCAPING 4,091 S.F. OR 8,7% TOTAL SPACES PROVIDED = 33 SPACES PR 2 33 AREA OF 175200 9 SF.Fx 100%x 2/1112 = 2930CU.FFT. AREA OF PAVINGS 22,683SS.F.OOR148.17 NOTES. Ku KENNETH H. BECKMAN. L.S. 115 COMMERCE DRIVE LLC 4 ROOF AREA = 1758 S.F. x 100! SURVEYING AND LAND PLANNING 50 COMMERCE DRIVE U~- _ - -46- SYSTEM No. 5 PAVT. AREA = 2356 S.F. x 100% x 2/12 = 393 CU. FT. TOTAL REQ. CAP. 1 CU. ! P. = 1726 CU. FT. SCHOOL DISTRICT MATTITUCK SU 10' DIA. 12 V.FT = 2463 CU. FT. ACT. CAP. 1. THIS PROPERTY ALSO KNOWN AS LOT 2 ON 18 1814 MIDDLE COUNTRY ROAD CUTCHOGUE, N.Y. cd I GRASS AREA = 5080 S.F. x 107 x 2112 = 85 CU. FT. USE 3 EXISTING 10' OIA. 12 V.F POSTAL DISTRICT CUTCHOGUE MAP OF NORTH FORK( INDUSTRIAL PARK. SU SUITE D TOTAL DIA. A 12 V.T 78 = CU. FT. USE 1-8 507 CU. FT. ACT CAP. WATER DISTRICT S. C. W. A. 2. THERE SHALL BE NO ACCESS TO DEPOT RII FIRE DISTRICT CUTCHOGUE LANE RIDGE, N.Y. 11961 a TOTAL PARKING REQUIRED 33 SPACES 3. STORAGE BUILDINGS DO NOT CONTAIN Sc SCALE: 1" =20' REVISIONS: DRAWN BY: GB/KAK SYSTEM No. 6 .gyp PAVT. AREA = 1345 S.F. x 100% x 2/12 = 224 CU. FT. TOTAL PARKING PROVIDED 33 SPACES POTABLE WATER OR SANITARY FACILITIES. GRASS AREA = 212 S.F. x 10% x 2/12 = 4 CU. FT. EXISTING ZONING LI D~ DATE: OCTOBER 2008 CHECKED BY: KHB TEST HOLE ROOF AREA CA 11500 S.F. CUCOT x 2/12 = 250 CU. FT. USE PUBLIC STORAGE 4. THERE ARE NO WELLS WITHIN 150' OF PROPOSED SANITARY SYSTEM. DI USE 1-8' DIA. 12 VFT. = 507 CU FT ACT. CAP. 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"NQ s J r Qom. f PA i ` Owl -~E - ~rhry~y:.~>Y y N~ - „yar'z q _~y~fnr', Lys y'1Y^WyY-^ t;•~i N' • ~'i n• • A X~l ~DY / 3 \ X p 111 9 ~ ~ ~ 390 * G0~O~ s~ ; G / p T to / / % * ?~A ~ m \ H / ~ i ~X A` ipso ~G F` • ~ ~ ~ G' i i is O .«t C6 50 ar ~ d o oQd e 6 v w, *go ' ~ G , i12 0 ~ L ~0 6ipjm4 / •S c7 ~ ~ o~a~ s dr gor • ~p0/ ~`c 01- \ i too, 2 ~115 Cj o9H., Q~a4°5 6~ G~~O~ U ~ ~ ~ ~ PF p~RsE y O . VI • ~ kS~E 4 10 10 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: November 25, 2008 TO: Martin Kosmynka For M. Mensch, LLC RL 50 Commerce Drive Cutchogue, NY 11935 DEC Please take notice that your application dated November 21, 2008 _ For permit to construct a proposed public self storage building with an accessory apartment within at: Location of property: 115 Commerce Drive Cutchogue, NY County Tax Map No. 1000 - Section 96 Block 1 Lot 1.2 Is returned herewith and disapproved on the following grounds: Pursuant to Article XV, Section 280-64(C), "no single structure shall have more than 60 linear feet of frontage on one street...", the site plan shows proposed construction of 75.10 linear feet of frontage on Depot Lane. Furthermore, pursuant to Section 280-62(C). "accessory uses", an accessory apartment is not a permitted accessory use. This disapproval is based on the site plan DiGiovanni & Associates Architects dated 11/17/08. The proposed construction is a permitted use on this 1.08 acre lot located in the LI zone. Pursuant to Article XXIII, Section 208-127, the proposed uses require site plan approval from the u hold Town Planning Board. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Planning Board, ZBA TOWN OF SOUS' I' BUILDING POUT APPLICATION CHECKLIST BUILDING DEP NT U TOWN HALL NOV 2 ' Do you have or need the following, before applying? SOUTHOLD, 11 1 Board of Health TEL: (631) 765-1 02 4 sets of Building Plans BLDG. T Planning Board approval PAX: (631) 765-9 r-~ L.4. SoutholdTown.NorthFork.net PERMIT NO. Survey Check Septic Form N.Y.S.D.E.C. Trustees Examined 20 Flood Per Storm-Water Assessment Form Contact: Approved 20 Disapproved a/c Mail to: Phone: Expiration 20 Building Inspector APPLICATION FOR BUILDING PERMIT Date L' , 20 6 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to)the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule, b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit ;hall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector slues a Certificate of Occupancy. £ Every~building permit shall expire if the work authorized has not commenced within 12 months after the date of ssuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the Property have been enacted in the interim; the Building Inspector may authorize, in writing, the extension of the permit for an ddition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the, issuance of a Building Permit pursuant to the Wilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable laws, Ordinances or '.egulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The pplicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit uthorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, if a corporation) (Mailing address of applicant) :ate whether applicant is\owner, lesse agen architect, engineer, general contractor, electrician, plumber or builder A~cn in Con+roc4 , ill <ai WCt-rt, ar;ve LLc arne of owner of premises W+ V, M M f Yl S C 1 L L C (As on zed officers roll or latest deed) applicant is a corporation, signature of duly authori (Name and title of corporate officer) tilders License No,. unbers License No. ,ctricians License No. her Trade's License No. Location of land on which proposed work will be done: t 1 5 con,m-erc t Dr vc Nord FuYK hndus4r,a i PavK, House Number Street Hamlet Cvi-C o 5Vt County Tax Map No. 1000 Section cl (P Block 01 Lot 1 . 2 Subdivision N s rk Fo r i I~~(uS} r, rt I WK K Filed Map No. 1122 15 I of 2 2. State existing use and occupancy of premises and intended use and ocopancy.of Iko$osed coitstr fiction: a. Existing use and occupancy \/6L r n yj n h S b. Intended use and occupancy P tJ b 1 i Vv O r-e h DU SI n- +ch tyI p r Q V a r- 3. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work n ~ Ch{2C~ uc~IOvl (Description) 4. Estimated Cost H 0 0 1 Q 0 0 Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units 1 Number of dwelling units on each floor If garage, number of Cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. Pd lo l ,'C inl a r e h o o rr wa+ck man's 9 Q ar+er s 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front 30 Rear Q Depth l g L+ Height 3 1 -E _Number of Stories 2- 9. Size of lot: Front LA S b Rear-1 1 3- 1 0 Depth 5 13 - (0 6 10. Date of Purchase I r< COV1 ~ Y OL Name of Former Owner M l` h S C h L L C 11. Zone or use district in which premises are situated i T Wa+CKn- G 12. Does proposed construction violate any zoning law, ordinance or regulation? YES V~ NO 67 u0L r +C r S 13. Will lot be re-graded? YES_ NO-1Will excess fill be removed from premises? YES-- NO _ 14. Names of Owner of premises M f Y) C c h LL C Address 2 4 2. W M 01`1' Qvi~Phone No. '7 Z 3 - 1q l0 Name of Architect Address Phone No 1.3 - Z l 1 Name of Contractor r A, 0 S fill `K Q, Address 0 Dm rYl C I7 epr Phone No T~ CV ~ChogL/ C 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO ? * IF YES, PROVIDE A COPY. STATE OF NEW YORK) S: COUNTY OF ~ being duly swom,.deposes and says that (s)he is the applicant (Name of individual signing contract) above named, CONNIE D. BUNCH (S)He is the Notary Public. State of New York (Contractor Agent Corporate Officer, etc.) NO. 1i"M Qualified in Suffolk Coun Commission Expires April 14, yo -a of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me thi a l S-I- day of NC)J 200k f Notary Public S4ure plican t 1 Rte`' U7 / COUNTY OF SUFFOLK • 1 PK q JAN 2 2009 STEVE LEVY I ~ SUFFOLK COUNTY EXECUTIVE v 1 1 DEPARTMENT OF PLANNING TriOrnnslsLES; AIC P a DIRECTOR OF PLANNING December 29, 2008 Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Att: Mr. Gerry Goehringer, Chair Dear Mr. Goehringer: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Berwald, David #6250 Tsirnikas (Isidoros) & Papagiannakis (Maria) #6252 Highland House FI, LLC #6253 Schembri, Peter & Gail #6256 Frank Zagarino Trust (c/o Cary Zagarino) #6257 Kate, Paul #6258 Mensch, LLC #6259 Frawley, Brian #6261 Martin, James & Denise #6262 Very truly yours, Thomas Isles, AICP Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P. O. BOX 6100 . (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 M k06 /n yaK~~ • MAILING ADDRESS: PLANNING BOARD MEMBERS QF so 6 P.O. Box 1179 y?, JERILYN B. WOODHOUSE O~~ Tr7~l Southold, NY 11971 Chair / OFFICE LOCATION: rt- 7 KENNETH L. EDWARDS Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON (cor. Main Rd. & Youngs Ave.) CA~ 4951 JOSEPH L. TOWNSEND 'M I~COU'~ Southold, NY 111' Telephone: 631 765-1938 ~OXC Fax: 631765-3136 p J PLANNING BOARD OFFICE TOWN OF SOUTHOLD s r JAN - 6 2009 MEMORANDUM To: Gerard P. Goehringer, ZBA Chairman Members of the Zoning Board of Appeals From: Jerilyn B. Woodhouse, Chair 3 ° Members of the Planning Board Date: January 5, 2009 Re: ZBA# 6259 - North Fork Self Storage SCTM# 1000-96-1-1.2 The Planning Board received your request for comments regarding the above application for construction of a public self-storage building with an accessory apartment on 1.08 acres in the Industrial Zoning District. The above-mentioned application has been reviewed for site development and the following comments are for the Board's consideration. Section 280-62 (c), "accessory uses", an accessory apartment is not a permitted accessory use: The apartment for the purpose of living quarters for on site security personnel is proposed as accessory to the public self-storage facility. It is a unique feature as part of the proposed primary use, the purpose of which would be to have maintenance and security personnel on site to monitor the facility. A similar use has previously been approved by the Zoning Board of Appeals on a proposed building across the street from this one. The Planning Board feels that the proposal is a reasonable use of the land that would not have an adverse impact on surrounding properties, and would be in keeping with the intent of the Industrial Zoning District. However, the Planning Board would recommend that conditions similar to the prior application be placed on the accessory use to ensure the spirit of the code is being preserved. D ( ~ y(7 ~j ZBA #6259 JAN - 6 2009 I Section 280-64 (c), "no single structure shall have more than 60 linear feet of frontage on one street", the site plan shows proposed construction of 75.10 linear feet of frontage: The proposed storage facility is proposed on a wedge-shaped parcel created as part of a subdivision zoned for Industrial purposes. The proposed building is set back 133 feet from Commerce Drive, and is 75.10 feet at its widest point. While that point is not located at the front face of the building, the effect of its width is visible from the front. The limit on building width in §280-64 (c) was intended to discourage construction of new buildings that are out of scale with the community and to prevent the appearance of a continuous frontage of development along roads. The setback for this building has been increased to 133 feet (where 75 feet is required). Further, the building is located within an industrial park, where its size is comparable to other buildings in the development. Based on this information, the Planning Board recommends supporting the requested variance to the building width restriction, as we did for a proposed building nearby in the same industrial subdivision. Please be advised, though, that the Planning Board has not yet had time to thoroughly review site circulation and safety and other site design issues for this application. The situation of the proposed building is such that its ultimate width has the potential to interfere with safe site circulation, adequate parking, landscaping and other site design features. If you are inclined to grant the variance, please consider providing flexibility in the variance if possible, to limit the need for the applicant to return should some future decision of the Planning Board require a building width that is different than that currently proposed. A side issue is whether the width being located behind or at an angle to the front facade requires a variance or not. It is the Planning Board's recommendation that this issue be decided on a case- by-case basis and based on the intent of §280-64 (c), which was to limit buildings that are out of scale and character with their surroundings, and present a continuous appearance of development along roads. This application is an extreme and unusual example of building design where the widest visible points are located well behind the fagade. In this case the wide planted buffer along Depot Lane created by the subdivision, and the increased setback from Commerce Drive lessen the impact of the perceived width of the building from both roads. 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. APPLICATION THE SOUTHOLD TOWN BOAR*F APPE - i(ll ul~~ ti v / For Office Use Only Fee: $ (Cc. Filed By: Date Assigned/Assignment No. ' EC - 2 2008 Office Notes: I A. r h C e Parcel House No. ! Street_ C C M t'Y) C Ir C D k Hamlet C v F C SW r F SCTM 1000 Section ("1 U2 Block I Lot(s) Lot Size ` _1 , 1 U lt' Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: I t- L S- U 9 Applicant/Owner(s): M a r I 1 n K p 5 K (I ~ ~ y1 ~ f b r f 1, m 2 U1 SG Mailing Address: 50 (p hn rri e it C,c D r, v e 6u f e l-1o,9W-e ~ 3 q -Z1 17 C 30q-(I q -1 9 Telephone: 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: S a n/) 't for ( ) Owner, or ( ) Other: (1 P. Irl Address: Telephone: Ple a check box to specify who you wish correspondence to be mailed to, from the above names: I.Applicant/Owner(s) ? Authorized Representative ? Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 1 ( 2 d CJ FOR: ? Building Permit ? Certificate of Occupancy ? Pre-Certificate of Occupancy ? Change of Use ? Permit for As-Built Construction ®Other: VVaEChMCt1'1'S rar~rir s lwtdfh of reav Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article X V Section 280- (Q (12- C Subsection Type of Appeal. An Appeal is made for: ? A Variance to the Zoning Code or Zoning Map. ? A Variance due to lack of access required by New York Town Law-Section 280-A. ?,Interpretation of the Town Code, Article Section dReversZ;SI,as OtherVJCl ~tL. ty~rt~jvI-'C,rs- hilini 1C ~LrQ.h0US't'1C' A prior a peal not been made with respect to this property UNDER Appeal No.omli'ear Z (Please be sure to research before completing this question or call our office to assist you.). ZIJ Name of Applicant: • CTM # ZBA ile DD EC 42 2008 REASONS FOR APPEAL (additional sheets maybe used with re parePs si natur AREA VARIANCE REASONS: r• r ) r -r (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: 1 I I S 1 ?1 + k e tVor F h (v/K tY1JU rtc11 VoYvv Or\cl (tli tkc nc,,ghbor's are ,f Cornme-ctaI L) , e . (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The Wc(I(Virnon cluck r{Gr s I, re q ).red In 4ht~ ndu,sFY'~ fov Se( uri I i~5C . Ise )C(or) d v(Iria)(e {I?r inticlIh eF eo,rbu,ld'a IS f~aWjL'J.vre V\1iV ~ ~IAnv~i(\g boCti(J'J k~..:ldlrlC (r) v(,. (3) he amoun o relief requested is not s bstantial because: v~ ctre eniq 6evelc2 l: ~F I Ne prcpevl ~ aJ Jl~o~c~h sc Y is (Jtl awed . (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 1 A S L I I n d V S } Ir( Ck 1 Q V-1 ( i •1 ~eepinc~ witk pWrnning board's Mcis Fcr Stan - (5) Has the alleged difficulty been self-created? ( )Yes, or aNo. Are there Covenants and Restrictions concerning this land: ? No. 0 Yes (please furnish cony). ()Veral Subd(viSio/) r-equirtS 50 P-- IaJffer Ih rear- This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be su ksult yo Ir r r Signature o Appellant or Authorized Agent (Agent must submit written Authorintion from Owner) Sworn before me [his~hnL~ day of Gem v20bk. LINDAR OWALM NOTARYPUBUO,STATEOPNEWYOW tary Public NO 52-4624771 I71ED INSUFFOIJCOOUNTy 3SION EXPIRES NOV 30, 2p~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: M a r A r) K o s m y o r,, CI Date Prepared: t I` 2. U" 9 1. For Demolition of Existing Building Areas Please describe areas being removed: cl c Q n ~ L Q I~l c~ II. New Construction Areas (New Dwelling or New Adti xtensions : Dimensions of first floor extension: JJ L' k l ) f , % J r 5i 1 f G ,~T % Dimensions of new second floor: II !7 / 'L raj LPL/ Dimensions of floor above second level: Tr Height (from finished ground to top of ridge): 3 r" Is basement or lowest floor area being constructed? If yes, please provide hei ht (above ground) measured from natural existing grade to first floor: Vjr I - ~j III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: L yU t Number of Floors and f eneral Characteristics BEFORE Alterations: S >9 l/ 150l fo ' P T Numbe of Floors and Changes WITH Alterations: 1er15e 5e e (A~4a bcc (Jnaf• IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property, Proposed increase of building covers e: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: i)u b I 1 ( i.v a r e_ h oL)s 10 a VI. Please describe the land contours (flat, slope heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): DU - c e«v vrk(ca + Ind. QY_K~S~I ~ - .r i 1 y L Y1 S Gt t' 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 ' yjy~s 1 Applicant's Project Description: New Construction; Construction of proposed 69.61' x 215.31' irregular two story public storage building with basement, including 1128 sq. ft. of office space and 1453 sq. ft. of watchman's quarters with associated parking and sanitary. Storage building will not have potable water or sanitary. { j Page 3 Application by: 1910ASe~ LL N Assigned Application No. Office Notes: M kly- w l1 1`O C1?-.,,trE/. J / - 2 2008 - a~ Part B: REASONS FOR USE VARIANCE (If requested): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating to the property is unique because: i~ IS a puioit C i\,,orfhooS-C clnd For se( L):-, i-y VJle haVe personnel On S, 4- e -7 dagS c, wraK - 2`1 VtaurS O d aY. 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: 4. The request will not alter the essential character of the neighborhood because: o v i< ~'he board civonled h -c SCtme horc~Rk ( P +o wo-h Sfior age In 2vbce - cthd is iv) +he some L d 1i 4 Y Ic 5. The alleged hardship has not been self-created because: 6. This is the minimum relief necessary, while at the some time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet If necessary.) 5- e a1-fa(l-Ied ~~aqe 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) ( ) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please Proceed to the slanature and notary area below. "Signature of Appellant or Authorized Agent 2~P (Agent must submit Authorization from Owner) Sworn oabe~'~or em~e this ir1C>!l1 ~`~GOL~JCLe_~,~~ (Notary Public) NOTARV ~4 ZBAApp9/30/02 MjC..lfOYyAL810 NO 5 iROFNEWYORK -482tQUALIFI DISUFFOLKCOUNT, COMMISSION EXPIRES NOV 3().2G_(6 6)s l 2. Also, width of the rear of the building is 75 feet wide, while the front is 24 feet wide. The property is cone shaped. The building envelope that the planning board set is in the same configuration of the property, which is why the building is shaped 6. This is a commercial zone in an LI district. The board has granted the same relief in 2006 to North Fork Self Storage phase one. Also, the board granted the same allowance to Jim Gray 15 years ago for the facility on Horton Road in Southold. DEC - 2 2008 ~ 101)14 ca.~i~o n 6 a r`~~ 115 Commerce Dr. DEC - 2 North fork Self Storage Phase Two: History of property. 200 To whom it may concern, 3 3 n q North Fork Self Storage is currently in contract to purchase a piece of property located in the North Fork Industrial Park. We plan on modifying the existing site plan to build phase 2 of North Fork Self Storage. This new building will have a watchman's quarters and office. The variance that we looking for will be for the watchman's quarter's, which this board granted in 2005 for phase 1 of North Fork Self Storage located at 50 Commerce Dr. We also need a second variance for the back of the building. The rear of the proposed structure is 75ft wide, and the building department is requiring a variance because Depot Ln. is in the rear of the building. We are building in the planning board's building envelope, in which the site plan designates this as the rear of the building. There will also be a 50ft buffer in the back along Depot Lane, and there will be no access from the rear of the building from Depot Lane. The front of the structure is 30ft wide and is facing Commerce Dr. The building is shaped like a funnel because the planning dept drew out the building envelope that way. The property is zoned LI which allows 30% lot coverage however we are proposing to cover only 24.8% of lot coverage for this building. The property is lot #2. The Street address is 115 Commerce Dr , and is 1.08 acres. The current owner is M. Mensch LLC. Currently it is being used for the Montauk Bus service Inc., and has approvals for a bus garage, which was approved in 06. What has been completed on the property is the drainage system, fencing, blue stone base and the front entrance has been landscaped. Please see attached overall site plan from planning board. QUESTIONNAIRE FOR FII NG WITH YOUR Z.B.A. APPLICATION A. Is the subje t premises listed on the real estate market for sale? ? Yes 9No B. Are there any proposals to change or alter land contours? 9 No ? Yes, please explain on attached sheet. C. I) Are there areas that contain sand or wetland grasses? NV 2) Are these areas shown on the map submitted with this application? N 3) Is the property bulkheaded between the wetlands area and the upland building area? NfA 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 status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or slopin elevation near the area of proposed construction at or below five feet above mean sea level? J E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Bu tldctblf aVtCL Is fCVACed of F. Do you have any construction taking place at this time concerning your premises. N O If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? C If yes, please label the proximity of your lands on your map with this application. r 2oo f+ ci"aq- across StrEet at 5t Ct,ry)0?er(ti H. Please list resent use or operations conducted at this parcel V (I (.1 (1 f^ ( (In f bV irAl ~i S S 1 O Y a C1 C' and proposed use k~ u b 1, C Vv ay-,e IQOV S i n g (exampI existing: at le- dy; proposed: same wish garage or pool, or other description.) utborized Signature and Date 2/05; 1/07 I AGENCY AUTHORIZATION October 20, 2008 r Re: 50 Commerce Drive, Cutchogue, New York M. Mensch, LLC; Vacant Land-Lot#2, Map of North Fork Industrial Park I am the member of M. Mensch, LLC and I hereby appoint Martin Kosmynka as my agent to proceed with my a t tion before the Southold Town Planning Board and all other matter tnci ntal ttheerreto. OHN M MMENSCH Sw9m to before me this .T 5' day of October, 2008 Notary Public RITA BUCKLEY Notary Public, State Of New York No. 01BUS509118 Qualified In Suffolk CoMmtsaton Expires November 30, -2 t9 2003 ~ 2 9 `Pr-A L'S Oafs ~O - • TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET d VILLAGE DiST. SUB- LOT z CO G rnwierc ~r Cud-r1 i Z ~i,F=r~tlusiv fa t a rk ~-,1c i ~iz1. ACR. r $ REMARKS 6 TYPE OF BLD -3 r v't s1 GL au - f~z~c 1-42 . 5 _ d L -14aq, a PROP. CLASS 7 V ` m nSt: t- T c~ ~ro I ~C q LAND IMP. TOTAL DATE 2 S 2-105- 3 1 0 S~ l l Ors l0© 1 ©S FRONTAGE ON WATER TELLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD }!OUSE/LOT TOTAL a/2~ I KAINNACTIONAL DISCLOSURE FO APPLICA13#O OWNER, CONTRACT VENDEE AGENT: u F 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. (Last name, firs name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance 'If "Other" name the acrivity: Fear ~i,; l tou - wld~ 11 of Do you personally (or through C) 1 S -p oa v F your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage or business interest "Business interest" means a business includin a artnershi in which the Town officer or em to ee has even a artial ownership of or employment by) a corporation in which the Town officer or employee owns more than 5% of the snares YES NO Ifyou answered "YES" complete the balance ofthis form and date and sign where indicated Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her, spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP W_ r V I Submitted this day of ; Signature: = - Print Name: 1 617.20 SEAR PROJECT ID NUMBER APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for umusyso Ao nomc only PART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT I SPONSOR 2. PROJECT NAME Martin Kosmynka North Fork Self Storage #2 3.PROJECT LOCATION: MuMCipaay tcbQgue County S folk 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc - or provide map No # Cmnerce Drive, 475.58' south of Corporate Road, Cutchogue, NY 11935 S. IS PROPOSED ACTION O New F-1 Expansion 0 Modification I alteration e. DESCRIBE PROJECT BRIEFLY: Construction of proposed 69.61' x 215.31' irregular two story public storage building with basement, including 1128s.f. of office space and 1453 s.f. of watchman quarters with associated parking and sanitary. Storage building will not have potable water or sanitary. 7. AMOUNT OF LAND AFFECTED: inittalyr 47 166 acres Ultimately 47,166 acres B. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS7 0 yes ? No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) Residerdiai 01ndustdal Q Commercial []Agriculture n Park I Forest/ Open Space Other (describe) This parcel is a lot on a filed commercial subdivision trap. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, Slate or Local) []Yes ?No if yes, list agency name and permit I approval: Tom of Southold Planning Board, Building Dept. and S.C.D.H S i, 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ElYes nNo If yes, list agency name and permit / approval: 1 AS A RE ULT OF PROPOSED ACTION WILL EXISTING PERMITI APPROVAL REQUIRE MODIFICATION?- " X es No WCERTIFT THE TI PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWL E Applicant I Date: O 1 ~9 are sianat If the action Is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART 11 - IMPCTT AAAEAAMENT o tea oom letked law Lead A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review prooees and use the FULL EAF. Yes No S. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 I No. a ragaWe declaration may be superseded by another involved agency. X Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, iflegbla) C1. ExMN air quality, surface or groundwater dually or quantity, noise levels, "Ong traffic pattern, sold waste production or disposal. potential for erosion, drainage or Ioodshg pnobkms? Explain briefly: No C2. Aeseaec, aWkuWmt, ondreeolagktsl, Nsbdc, or otter natural or cu twit resources; or cornntahlty or netglWorhood character? Explain a W. No C3. Vegetation or eune, fish. streffren or epskiss, signIfIcIant MO. or threats or endangered apeclaa7 Explain ;Wily; I- No C4. A communNy's odaM plans or goals as MEW adopad, a • change In use or Intenally of use of lard a of ar naaral resources Explain briefly. No C5. Growth, subsequera development, or related a Nary to be bWuced by rte proposed akW0Misin WW INO C6. Long term, Mat term, cumulalive, or other eSeola not Identified In C1-C5? E*k*;W. NO C7. ONar Impacts (Including in use of Z-w or NO D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIROt 141111 L CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CEA? (11[yes. Yes O No E. 13 THERE. OR IS THERE LIKELY TO 8 CONTROVERSY RELATED TO POTFMVLL ADVERSE ENVIRONMENTAL IMPACTS? I Yes OX No F I PART II • DEIERAYNATION OF SIONIFTCANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect iderlMed above, detarminewhether If Is subetarWal,forge,impoftnt orolrarwise signiticant. Each effect should be assessed In connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magraUxle. If necessary. add attachments or reference supporting materials. Ensure that explanelbra contain aulfidentdeW10111owthat agrebvaMadveraeimpadshave bowidentiNadandadeglwkyaddressed. NquecYonddpot!smchocked yes, thedoWmihaeonofsign)8cenccemustevahlWetinpotentialhnpactoftheproposedactionontheofwiro amerttsil characlerielcadCroCFA. Ctheolk this box if you have ldendled she or more potentially large aslgol eat adverse impacts which MAY occur. Then proceadidirectly to the FULL EAF and/or prepare a positive dednation. Check It" box I you have dstermlad, based on the Information and sralysla above and any supporting documentation, that the proposed saw WILL NOT result In any significant adverse environmental impacts AND provide, on attachments as necessary. the reasons supporting th' determination. Name of Lead Agency ate Print or Type Nam or Fie"onsityle Officer in GQ1W;W--- TWO of Responsible Officer SWIGILK4 of SROWMIlble, Officer In Load Agency Signature sparer (if en Office Location: ~~$UFFO~~ h~0 C4Gy Mailing Address: Town Annex /First Floor, North Fork Bank Cm Go _ 53095 Main Road 54375 Main Road (at Youngs Avenue) k • P.O. Box 1179 Southold, NY 11971 Southold, NY 11971-0959 Rio! ~ Sao http://soudioldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: Fax # 2a~ 7 3 {-~1-~ Date. l a D TOTAL NO.. OF PAGES INCLUDING COVER: CA-00k 1 d t C 3 49 I ' SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE. ? URGENT r `FOR YOUR UPDATE ? PLEASE COMMENT ? AS REQUESTED ? NOTES/COMMENTS: Please find attached copy/copies of thhe following: Thank you. Sender's Initials: Office Location: OF SOUjyoh Mailing Address: Town Annex /First Floor, North Fork Bank #t 53095 Main Road 54375 Main Road (at Youngs Avenue) cn ~c P.O. Box 1179 Southold, NY 11971 Southold, NY 11971-0959 OOUhff`(, 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, MARCH 19, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MARCH 19,2009: 9:30 A.M. M. MENSCH, LLC and NORTH FORK SELF STORAGE # 6259. Request for Variances, based on the Building Inspector's November 25, 2008 Notice of Disapproval, which states that a proposed public self-storage building with an Apartment is not permitted, for the following reasons: (1) under Section 280-64C, no single structure shall have more than 60 linear feet of frontage on one street and the building will exceed this frontage along Depot Lane, and further, (2) under Section 280-62C Accessory Uses, an Apartment is not a permitted accessory use. Location of Property: 115 Commerce Drive, Cutchogue; CTM 96-1-1.2. 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: February 26, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 a 7 7- North Fork Self Storage 50 Commerce Drive 1 In ~r'~ " / Cutchogue, NY 11935 631-734-2177 631-734-2178 Fax Board of Appeals Town of Southold Southold Town PO BOX 1179 Southold, NY 11971 January 22, 2009 Dear Chairman Gerard Goehringer and Members of the Board: Please find letters from property owners in the North Fork Industrial Park stating that they are in support of my zoning board appeal application. Thank you, Martin Kosmynka 1 ~t JAN-07-2009 14:42 From:MATTITUCK SANITATION 631 298 2023 To:7342178 P.1/1 poard of Appeals Town of Southold Couthald Town WIM PO Nos 1,179 Southold, NY 11971 Chairman Gerard Goehringer and Members of the Board! I ant a property owner in the North Fork Industrial Park. I have no objections to North Fork Self 5tarage's request for a watchman puartars and the rear of the budding being 75 ft at Section 96 block 1 lot 1.7. 04110 Sincerely, . Pk Gor 6 Wd M99R2te4 <e RMLIaiOitao2 2009.070715:47 NATTirUCK,SANR 6312962023 Paget SRN-08-2009 09:18 SPEONK LUMBER 631 325 1811 P.01i01 Boards of Appeals Town of Southold Southold Town Hall Po Box 1179 Southold, NY 11971 Chairman Gerard Goehringer and Members of the Board I am a property owner in the North Fork Industrial Park. I have no objections to North Fork Self Storage's request for a watchman quarters and the rear of the building being 75ft at Section 96 block 1 lot 1.2 as long as it does not impede my ability to develop my own property. Sincerely, mith zo r -3 TOTAL P.01 2009-01-08101.13 SPEONK,LI7NBER C 631325 7817 Page I .11 ua uU i 1.~c rvimnx1101 n3"1-/bb-y3// p.1 Board of Appeals Town of Southold Southold Town Hall PO Box 1179 Southold, NY 11971 t Chairman Gerard Goehringer and Members of the Board: I am a property owner in the North Fork Industrial Park. I have no objections to North Fork Self Storage's request for a watchman quarters and the rear of the building being 75 It at Section 96 block 1 lot 1.2. Sincerely, 2009-01-0913:01 LAKESIDE LANDSC 6317659377 r Paget Board of Appeals Town of Southold Southold Town Hall PO Box 1179 Southold, NY 11971 Chairman Gerard Goehringer and Members of the Board: I am a property owner in the North Fork Industrial Park. I have no objections to North Fork Self Storage's request for a watchman quarters and the rear of the building being 75 ft at Section 96 block 1 lot 1.2. Sincerely, Board of Appeals Town of Southold Southold Town Hall PO Box 1179 Southold, NY 11971 Chairman Gerard Goehringer and Members of the Board: I am a property owner in the North Fork Industrial Park. I have no objections to North Fork Self Storage's request for a watchman quarters and the rear of the building being 75 ft at Section 96 block 1 lot 1.2. Sincerely, 7 ~ NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: M. MENSCH LLC #6259 MAP 96-1-1.2 VARIANCE: FRONTAGE & USE REQUEST: SELF STORAGE W/APARTMENT DATE: TH U RS, MAR. 19, 2009, 9:30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 rr RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK MAR 1 7 2009 ----------X In the Matter of the Application of BOARD of AppR;s_ AFFIDAVIT ryt 941N5c14 LCf -l,D+(i H lq,,PlK SGJGF -5~e4f 6[-' OF SIGN LL~ (Name of Applicants) POSTING ~ ~yJ Regarding Posting of Sign upon Applicant's Land Identified as 1000- 96 - l - 1,,7- -----------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) 1rJga2r/f' J{~~firryl~- residing at/`1~S 7/N- /Y e-v -,New York, being duly sworn, depose and say that: On the~day of /rI^`Rc/~ Zoo ~ I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to tFat date of the subject hearing date, which hearing date was shown to be (Signature) Sworn to before me this 7 day of In q& h , 200 LINDA F. K :..,'RYPUBLIC, 8Tj OF SKI YO4K NO 52-4624771 C ~7 ,ISSION tEXPIRESNOV30 20 (Notary Pu ic) + C o *near the entrance or driveway entrance of my property, as the area most visible to passersby. 3 f RECEIVED ZONING BOARD OF APPEALS MAR 17 2009 TOWN OF SOUTHOLD: NEW YORK BOARD OF APPEALS In the Matter of the Application of AFFIDAVIT n~/rrs~ ~f L ~ c - /y`''~ % <r Fo•l /fc SG~L~` S~d,e~6"~_ MAILINGS (Name of Applicants) ti CTM Parcel #1000- _.-x COUNTY OF SUFFOLK) STATE OF NEW YORK) IJX 7,~~ residing at /lr4 5 2y T'c /{05 yC' New York, being duly sworn, depose and say that: c On the_? _day of I personally mailed at the United States Post Office in_, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ('Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or privTe street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this yrN.RY ~INDA CFSTOWALS NIEW YORK i day of« c4 , 200? NO 52-4624771 - L! 7!ED I N SUFFOLK COUNTY CC,v,-4SSION EXPIRES NOV 30.20 16 ( Notary Public) PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. #9200 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 5th day of March, 2009. ~i Principal Clerk Sworn to before me this day of 2009. SKI WHAOLINom? NOTARY PUBLIC-STATE OF NEW YORK No. 01-VO6106060 Qualified in Suffolk County my commission Explfes ffbwafy 24, 9012 ther, (2) under Section 280-62C Acces- minimum of 50 feet from the front yard construction: (1) will exceed the code- Southold; CTM 65-1-12. sod Uses, r Ase. Loca i is not apermit- lo[ line, at Mattituck Creek, 100 West limitation of 20% lot coverage on this HE A.M. PETER and GAIL, led accessory use. Location of Property: Mill Road, Mattituck; CI'M 113.4-2. 115 Commerce Drive, Cu[chogue; CTM 8,711 square foot lot, and (2) will be less ~SCHEMBRI #6256 and #6276 as amend- ? BM - . KEVIN B. and JEANINE 96-1-1.2. than the code-required 35 ft. minimum ed. Requests for the Variances, based on FAGA GA #6281 (amended) and 6243 6243. . R Re- - rear yard setback. Location of Property: the Building Inspector's January 20,2009 9:40 A.M. STEVEN and CHRIS- quests for Variances under Sections 280- 200 South Oakwood Drive (westerly amended Notice of Disapprovalconcem- TINE GARMS # 6260. Request fora 124 and 280-116B, based on the Building Variance under Section 280-15, based on side), at Laurel, also shown on the Map ing: ( 1) a proposed new addition to the Inspector's February 23, 2009 amended the Building Inspector's November 24, of Laurel Park as Lot 15 and part of 16; existing dwelling with a setback at less Notice of Disapproval concerning pro- 2008 Notice of Disapproval concernin CrM 1000-145-3-3.1. than 100 feet from the top of the bluff g posed additions and alterations the a proposed swimming pool in a side yard /10:35 A.M. BRIAN FRAWLEY # adjacent to the Long Island Sound, and existing single-family dwelling at t less instead of the code-required rear yard, 6261. Request for Variances based on (2) concerning a proposed singlesmry than the code-required minimum of 10 at 425 Rene Drive, Southold (Lot 3 on the Building Inspector's November 3, addition to the existing dwelling with. a feet on a single side yard and less than 2008 Notice of Disapproval and Zoning setback at less than the code-required 15 the 1978 Map of Gendron Minor Subdi- 75 fee[ from the existing bulkhead ad- Code Interpretation # 5039 (Walt Appli- feet on a single side yard on this 24,053 vision); CIM 54-6-0.1. latent to Orient Harbor, at 12580 Main cation),citing Code Sections 280-112and square foot nonconforming lot. Location 4.55 A.#6 JAMES and DENISE - Road, East Marion; CTM Parcel 1000- , IvIARTIN #6262. Request for a Vari- 280-124 for [he minimum required side of Property: 148 Sound- View Road, 31-14-8.2. ance under Section 280-114, based on yard setbacks on nonconforming lots Or~]]'ent, CIM 15.3-16. ?12:15 EM: ROMANELLI REALTY, the Building Inspectors November 7, (51,955 square feet in this R-80 Zone). t111:40A.M. HIGHLAND HOUSE FI, INC. #6224 and #6100. (Continued hear- The applicant is proposing a new dwell- LLC#6253. Request for a Variance under 2008 Notice Disapproval concerning from pending additional information proposed one-story additions and alters- mg at less than 20 fee[ on a single side Section 280-121G, based on the Building from applicant.) Location of Property: lions to the existing dwelling, which new yard and less than 40 feet for total side Inspector's November 10, 2008 Notice 36660 Route 25 (South Side of Main construction will be less than the code- yards. Location of Property: 4545 Hal- of Disapproval concerning proposed al-. Road), Cutchogue; CTM 97-3-3.1 (for- LEGAL NOTICE required front yard setback of 60 feet on lack Lane (a private road), Mattituck; terations to an existing detached garage merly 97-3-3). Request for Variances and 90U1HOLD 7'OfYN ' this 160,781 square foot parcel, located CTM 1000-112-1-2, with (nonconforming) aparbnent above. - Special Exception related to a proposed ZONM ROAD OR APPEALS at Meadow Beach Lane extension (129 ? 1050 A.M. FRANK PALILLO and The reasons stated are that "whenever contractor's yard and three principal THURSDAY, MARCH 19, 2009 Suter's Right-of-Way), Mattituck; CIM DIANE PALILLO # 6263. Request for a a nonconforming use of a building or buildings on this 63,338 square foot lot in PUBLIC HEARINGS 1164-31. Variance under Sections 280-116-C and premises has been discontinued for a the LB Limited Business Zone District. 280-124, based on the Building Inspec- period of more than two years or has NOTICE IS HEREBY. GIVEN, put- ~ 10:05 A.M. E. MARELIC Jf6255. Re- The Board of Appeals will hear all suant to Section 267 of the Town law and quest to Waive a merger of two proper- lot's December 2, 2008 Notice of Disap- been changed to a higher classification persons, or their representatives, desir- Town Code Chapter 280 (Zoning),Town ties under Zoning Code Section 280-11, Proval concerning proposed additions or to a conforming use, anything in this ing to be heard at each hearing, and/or of Southold, the following public hear- based on the Building Inspector's No and. alterations to the existing single- article to the contrary notwithstanding, desiring to submit written statements ings will be held by the SOUTHOLD vember 24, 2008 Notice of Disapproval, family dwelling, which new construction the nonconforming use of such building before the conclusion of each hearing. will be less than the code-required mini- or premises shall no longer be permit- TOWN ZONING BOARD OF AP- citing Section 280-10. This property is - - Each hearing will not start earlier than PEALS at the Town Hall, 53095 Main shown on the Map of Bay Haven, Lots mum of 35 feet for a rear yard setback led, unless a variance therefore shall designated. above. Files are available for Road, EO. Box 1179, Southold, New 32 and 33 as: (1) CTM 88-4-19 as va- and less than 75 feet from Great Pond have been granted by the Board of AP- review during regular business hunts and York 11971-0959, on THURSDAY. cant land, with a nonconforming area (freshwater). Location of Property: 7433 - peals The building Inspector's Notice Of prior to the day of the heating, If you MARCH 19.2009:. of 17,500 square feet, and (2) CTM Soundview Avenue, Southold; CIM 59- Disapproval is based on a Pre-Existing have questions, please do not hesitate ,j SCH, I.I.C and 88-0-18 as an improved parcel, with a 6-5.1. Certificate of Occupancy application in- 930 A... M. N p to contact our offim at (631) 765-1809, 1fIE-2 nonconforming area of +/-17,510 square f 11:05 A.M. MARY E. MANNING # spection report dated 1027(08 tl(gt soles or by e-mail: Linda.Kowalski@T'own. equest or anances,basedon the feet, at 1100 add 1000 Bay..-PMven Lane, 6265. Request for an Interpretation and/ that the existing detached garage with Southold.nyus. m`faing Inspector's November 25, 2008 Southold. or Variance under Section 280-124,based apartment above has not been used in Dated: March 1, 2009. Notice of Disapproval, which states that / 10:20 A.M. FRANK ZAGARINO on the Building Inspector's revised De-- -years. Location of Property: Oceanview ZONING BOARD OF APPEALS a proposed public self-storage building - TRUST by Carey Zagarino # 6257. Re- retainer 12, 2008 Notice of Disapproval Avenue and Heathube Avenue, Fishers GERARD P. GOEHRINGER, with an Apartment is not permitted, for quests for Variances under Section 280- concerning a proposed addition to the Island; CTM Paired 1000-9-11-7.12. CHAIRMAN the following reasons: (1) under Section 124, based on the Building Inspector's existing single-family dwelling: (1) which ? 12:00 EM. PAUL KATZ #6258 - Re- BY LINDA KOWALSKI 280-64C, no single structure shall have November 14, 2008 Notice of Disap- will be less than the code-required mini- quest for a Variance under Section 280- 54375 Main Road (Office Location) more than 60 linear feet of frontage-on proval concerning a new single-family mum 10 ft. side yard, and (2) which new 15(F), hissed on the Building Inspector's 53095 Main Road (MailingfUSPS) one street and the building will exceed dwelling (after demolition of the existing construction will place the existing ga- June 23,2008 Notice of Disapproval Cuss- P.O. Box 11,79 this frontage. along Depot Lane, and fur- building), for the reasons that the new rage iaa side yard instead of the code- cerni ng a proposed accessory garage at Southold, NY 11971-0959 required rear yard, at 700 Terry Lane, a setback of less than the code-required 9200-1T 3/5 U.S. Postal Service,,., 1:17 CERTIFIED MAILT. RECEIPT Er (Domestic maii oniy, No insurance Coverage Provided) f-q o Nt'I 110G" r fur s3 rq v ru Postage $ $0,42 0935 N -r Certified Fee $2.70 11 p Pros mid Return Receipt Fee C3 !Endorsement Required) $2,20 Restricted Delivery Fee ' C3 (Endorsement Required) $0,00 • Ln N Total Postage & Fees $ $5,32 02/27/2009 in Sent To p C3 V ,,...~~'y~nyti sr~ k.. C3 Svee( APt...No.; t"'~yEµ° M1 ar PO BOx Na. 5 O:IS-- rVlliT E-_Z------------------- ra Ciry, Sfete. ZIP-- - : S--------- N Postage $ $0.42 0935 50UTI, v~o NY I, 1i Certified Fee $2,70 park PS Form ..r August 2006 See Reverse for Instructions 7 O Return Receipt Fee C3 (Endorsement Required) $2.20 Postal Restricted Delivery Fee • p (Endorsement Required) $0.00 - CERTIFIED MAILT. 02/27/2009 ll-1 (Domestic Only, N Total Postage & Fees $ $5.32 M1 C3 .A Sent To C3 G1 Lt L 1# Ir ° S3 Q^ p Street, APt N-- ~ or PO Box NO. `jIOZO-~~-.Fi.-.2 rtl Postage $ $0.42 0935 Ctry Slate; ZP.4 I1 y rL T4 Certified Fee $2.70 It , r• 7 Postma k p Return Receipt Fee Here M (Endorsement Required) $2.20 C3 Restricted Delivery Fee - - ° (Endorsement Required) $0.00 r-1 Total Postage & Fees $ $5.32 /27/2009 N Sent ifT . . 'T rAo-fir K V xf ..Il PLC D 1 p - p Street, Apt.NO.; .?~D.~jbjC - r- or PO B. No. City, State, ZIP+4 Cknchp(auE Wf HISS U.S. Postal Service i. CERTIFIED MAIL,. RECEIPT do (Domestic Mail Only, No Insurance Coverage Provided) ° . n- NASSAPE ~P L17'.~8> i N Postage $ $0.42 0935 ru Certified Fee $2.70 11 M Postmark C3 Return Receipt Fee Here ° (Endorsement Required) $2,20 Restricted Delivery Fee p (Endorsement Required) $0,00 ir1 Total Postage & Fees $ $5032 02/2712009 N .A Sent To ° --------Jch.t- --krvp<~L; ~S~za rE-_krvp_S!~•_ ° Street, Apt No.; H .D r- orPOBOx No. `15 lAJgre ~`----'PLOPIQ-..--------"-.... - - City, St fe, ZIP +4 ~orKl-1 PUr-1 See Reverse for Instructions 2006 PS For. 3800, August r SENDER: SECTION DELIVERY ¦ Complete items 1, 2, and 3. Mao complete A. Sign re item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse 0 Addressee so that we can return the card to you. B. Received by (Panted Name) C.'Mals of Delivery ¦ Attach this card to the back of the mailpiece, f or on the front If space permits. D. Is delivery address dIfferentftm &n 1? Yes 1. Article Addressed to: If YES, enter delivery address below: KNo wtFT LL-L/ co -t AioThy K<AyeL Po n a5 / 5to MA-VVACWS Lr) . C ha UC, N 1 CVTGL1oSJE 4Y 11135 3. Service Type V ,B'Cenified Mail 0 Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7006 2150 0004 2219 0175 (nanster trom service /at PS Fom1 3811, February 2004 Domestic Return Recept 102595-02-M-1540 SENDER: COMPLETE THIS SECTION COMPEL CE THIS SEC FION ON DELIVERY ¦ Complete items 1, 2, and 3. Also complete A• Sign l' L 0 item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse X~ Adtl so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, n C Dilta~ Jof Del' or on the front if space permits. D. Is delivery address different fro it 1? 1. Article Addressed to: If YES, enter delivery address 'Tow..) of SoJTt161.q n0 J ll~~ SP 53°45 ROUTE ZS f SoJTNOLo t4yi1l 3. Service Type 0 Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (rransterfrom service lab 7006 2150 0004 2219 0199 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-W540 Office Location: ~~~~0$UFfO~~COG y M9&g Addrecc: Town Annex /First Floor, North Fork Bank C* 54375 Main Road (at Youngs Avenue) 0 = 53095 Main Road Southold, NY 11971 y • P.O. Box 1179 '11p1 ~.a0 Southold, NY 11971-0959 hftp://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET rn. oS y/~ I\ Fax # 4 ~ C~ / 7,P- Date: TOTAL NO. OF PAGES INCLUDING COVER: L 0 ~ 14- SENDER'S TELEPHONE NUMBER REFERENCE:: g 765-1809 (press 1 at voice recording) 1M tA) ~G~~ L l /~~ti ~ n Q GoxJ 4 /x-tcl., l oD ~ i ? URGENT ? FOR YOUR UPDATE ? PLEASE COMMENT ? AS REQUESTED ? "'TE~i%oMMENTS Please find attached copy/copies of the following: x 1002 T j Thank you. Sender's Initials: 39,k Office Location: Of SOUjyOlo Mailine Address: Town Annex /First Floor, North Fork Bank # # 53095 Main Road 54375 Main Road (at Youngs Avenue) w ae P.O. Box 1179 Southold, NY 11971 Southold, NY 11971-0959 Courrn,' http://southoldtown.northfork.net 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: December 5, 2008 SUBJECT: Request for Comments ZBA #6259 - M. MENSCH, LLC by M. Kosmynka 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 M. Mensch 96-1-1.2 6259 11-25-08 280-64(C) 12/2/08 DiGiovanni LLC 280-62(C) & Associates Architects Your comments are appreciated by January 16, 2009. Thank you. Ends. Office Location: ~OF SO ~0~ y~10 Mailing Address: Town Annex /First Floor, North Fork Bank ~t !I 53095 Main Road 54375 Main Road (at Youngs Avenue) G e P.O. Box 1179 Southold, NY 11971 'nc Southold, NY 11971-0959 OOUNTi, http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 5, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6259 Owner/Applicant: M. Mensch, LLC Action Requested: Frontage and non-permitted accessory use Within 500 feet of: (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Gerard P. Goehringer ZBA Chairman 6~ Encls. o~~pF SO ELIZABETH A. NEVILLE, RMC, CMC O Town Hall, 53095 Main Road TOWN CLERK # P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER • ~O Fax (631) 765-6145 RECORDS FREEDOM OF MANAGEMENT OFFICER OI~"Ouf mt~ southo dtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 10, 2008 RE: Zoning Appeal No. 6259 Transmitted herewith is Zoning Appeals No. 6259 of Martin Kosmvnka for M. Mensch LLC- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Authorization Letter from M. Mensch, LLC to Martin Kosmynka to represent them in this Matter, Notice of Disapproval from Building Department Dated November 25, 2008, 2 Pages of Findings & Determination from Board of Appeals in Reference to Lich Cellars Dated July 28, 1999, Application for Building Department Dated October 21, 2008, 4 Pages of Architects Plans Showing Site & Floor Plans & Elevations Dated 11/17/08 Prepared by DiGiovanni & Associates Architects. Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT*** Date: 12/09/08 Receipt#: 31212 Transaction(s): Reference Subtotal 1 1 Application Fees 6259 $600.00 Check#: 1989 Total Paid: $600.00 Name: Kosmynka, Martin T 1985 Pine Tree Rd. Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6259 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12/4/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED M. Mensch, LLC by 1989 $600.00 6259 Martin Kosmynka 0 own Clerk $600.00 By _ Thank you. r /jam/ \~y\ L A4wry v N lei SNVatn rw w.`( 'vw'M~nkr rh :.x - mr mr... w - uatsz sa..aal -r ..6, s..rm.. 12ll 6..~ O ra Bn,m ia. --c-_ M, _ •X6 TLLMH aa T: mw r _A w ' ED ei s«.e, w.K - s.m ma.a~ uar. ua r. mr,.r t.. raramn...w -xzi-- , .en. Xw ID °a n M.a u3 umec lzu ~a.w . - saw 1~6 Oe1 YBI[N lHEMaid LVE FOR PCL.MI. OR/ SEE MC. K. N4-04-001 'J3 l I].5 60.1AICl TOWN a ~f rQ fr 1 27.0 SWTIIOLO /Q' )2 17-06 s Y03 -06 5-44.0 I N 39'2 y ~ B y N JB JS <xP[M ~ a h ~ f.' J9 $ 1 it, Q 9 6 t rh( ~'tl B J O ! .'t s6 I MATCH LAC I~ 2 XJ 36'0A O ME SEC'AcTCS5 .p4 Q~• ° o ry L5 12A rawaL[ FJR` P B•sw 4 16 oQ Lu isi 1.7 LB 1.4 it u 4 eZ,q .l 3.I A 13 1.1 x/1(.01 3 teas 1z 1'J ~4~ - 1.11 63110 J.TA 5 y 13 Y* m n.JA b a ~6 1416 45AIC1° ° rtmmr a< wrran 8 ~ av6,mrrx. nuxrzr I QS IB.31~a(f ,a, n ~ "4 J y~ y 18.1] JW P4.1BI. S(A. Y4f SEE SFG N4 ('p, qt oes-w-av / 11.te . 41A6 • I' 441 1 AA V, 18.19 k a y 1e3ero ~ °4'B M•`J 1.u , O,P 14zo , ~ 1e31 PpO. 2JJ 14 1131 e.27 z a ro.. 18.26 b 18.22 2v U0/c (S . 1835 le.n h O s .DA s 16.1 18.21 6 ' ~ 2J, .DA 4.2Bt<1 12.1 p Jo 34JAlcl QP 9 C! ini Lp' p.X , LtRO MFIPI Rrfl: 143] • n. f ;J 1].1 e` +e.J 13.38 ro CJ 4 u ~yp46p y yy a i s 183 1433 y 1.01 C CAI.6 c ILI S~~c J e ''S was QQ 2.2 ax KLrp. B 7211d SEE SE YJ' O W 4 Q SOUTHM n SECTinu M L APPEALS BOARD MEMBERS OFF6(,I- O`O CdG.. Southold Town Bail Gerard P. Godh[inger, Chairman ~ y 5095iMain Road James Dinizio, Jr. P.O. Box 1179 N Lydia A. Tortora m Southold, New Yolk 11971 Lora $.;Gollins CPy ZBA Fax (516) 765-9064 George Burning Telephone (516) 765-1809 . BOARD OF APPEALS TOWN OF SOI)THOLD f e4l(Ie 1 }1' FINDINGSANDDEfERMINATION rQJ t1Av~(~bl~,~) 1/` rlf/ MEETING OF JULY 28, 1999 Appi. No. 4708 - LIERCELLARS 1000-121-6-1 1 STREET & LOCALITY: 35 Cox Neck Lane and Middle Road (r-R. 48, a/k/a. North Road); Mattituck - DATE OF PUBLIC HEARING: July 22, 1999 FINDINGS OF FACT PROPERTY FACTStDESOUPTION; The applicant's property is located in the Limited Business (LB) Zone District and consists of 3.563 acres (155,204.28 sq. ft. in area) with 337.83 ft. frontage along the north side of Middle Road (a/k/a Middle Road and, C.R. 48), and 428.85 ft frontage along the west side of Cox Neck Road, Mawtuck. The property is vacant land. BASIS OF APPLICATION: Building Department's May 7, 1999 Notice of Disapproval citing Article VIII, Section 100-83C of the Zoning Code, stating that. "...the proposed: construction. on comer lot has two road frontages, two (2) structures on proposed project will ekoeed sixty (60) foot linear frontage on one of those road frontages while maltitairing the required frontage on the other frontage." INTERPRETATION REQUESTED: Applicants attorney asked.the Board to rule that Section 100- 83C applies to frontage pii ^one (1) street", in that case, since the building sides fronting Route 48 are within 'the.6o-fbatlimit of Section 100-83C, the buildings would be in compliance. The Board agreed to hear this interpretation quesdon and, after giving public notice, did so on Jury 22, 19%. Specifically, the Board addressed the question `whether the proposed winery building is required to have sixty(50) linear feet of frontage on one (1) street or on two road frontages." The legal notice read forthe hearing held on July 22, 1999 was advertised as follows: "This Is a request for. an Interpretation under Article VIII, Section 100-83C which states: A project shall be. divided into separate structures so that no single structure shall have more than sixty . (60) linear feet of frontage on gne (11 street- Applicant proposes to construct a winery on this comer lot with Iwo road~fmn ages (at intersection with Middle Road a/k/a C.R. 48) and requests the Board to x interpret whether or not the proposed winery building is required to have sixty (60) linear feet of frontage on one (1) street or on two road frontages, as determined by the Building DepartnienYs May 7, 1999 Notice of Disapproval. Site Address: 35 Cox Neck Lane, MaMc;q Parcel 1000-121- 6-1."' Page 2 - July *999 ZBAAppl. No. 47.08 - Lieb Cellars. Parcel 1000- 121-8-1 .BOARD ACIION/RESOLUTION: The Board heard testimony on the question to be addressed. The Board is cognizant of the legal principle that since zoning. ordinances are in derogation of common law property rights, they must be construed strictly. On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, that the Board interprets the meaning of Section 100-83C to be that a structure shall have no more than sixty linear feet of frontage on one street. so that a structure with two street frontages satisfies Section 100-83C when it measures no more than 60 linear feet on one of those frontages; and further RESOLVED, that the Building Inspector's Notice of Disapproval dated May 7, 1999 is hereby reversed pursuant to this Board's authority under section 267-b1 of New. York Town Caw. VOTE OF THE BOARD: AYES: MEMBERS GOBARINGER, DINIZIO;. TORTORA, AND COLLINS. (Absent was Member.Horning of Fishers Island.) olio p( ?pted (4 0). GERARD P. GOE RING - . CHAIRMAN For Filing about 8/2(99 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE XAI~61101 ~j'DOAf~ Town Clerk, Tovm of Southold i. i • APPEALS BOARD MEMBERS C S~ • Southold Town Hall Ruth D. Oliva, Chairwoman Q 53095 Main Road • P.O. Box 1179 Gerard P. Goehringer # # Southold. NY 11971-0959 Vincent Orlando co ae Office Location: James Dinizio. Jr. , • ~ff Town Annex /First Floor. North Fork Bank Michael A. Simon O~ACO 11 54375 Main Road (at Youngs Avenue) Southold. NY 11971 http://si)utholdtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 1, 2005 ZBA Ref. 5778 - MONTAUK BUS SERVICE, INC. Property Location: 115 Commerce Drive, Cutchogue CTM 96-1-1.2 (p/o 1) SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Unlisted Action category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION (with correction): The applicant's 47,166.6 square foot parcel is vacant land with 48.56 feet along Commerce Drive in Cutchogue. The property is shown as Lot 2 on the Map of North Fork Industrial Park filed January 27, 2005 with the Suffolk County Clerk. BASIS OF APPLICATION: Zoning Code Section 100-141B(6), and Building Inspector's July 26, 2005 Notice of Disapproval, stating that special exception approval from the Zoning Board of Appeals is required for a proposed bus terminal business use, as well as site plan approval from the Town Planning Board. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 17, 2005 at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings: 1) The applicant seeks approval for a new school bus terminal facility on Lot 2, Map of North Fork Industrial Park filed January 27, 2005, located in the Light Industrial Zone District. It is the determination of this board that the operations as a bus facility will not in any way alter the character of the neighborhood or industrial use district. The bus terminal in this location will enable the carrier to provide school bus service to the Mattituck-Cutchogue School District without unduly burdening town roads. 2) A school bus terminal use is a permitted use under Zoning Code Section 100-141B(6). 3) School bus transportation is an essential service, and construction of a bus depot in a Light Industrial District will have less impact on surrounding properties than it would at other locations. Page 2 = December 1, 2005 Appl. No. 5778 - Montauk Bus Service, Inc CTM 96-1-1.2 4) In addition, the Board has reviewed the General Standards governing Special Exception uses set forth in Section 100-263 and finds: 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 requested use is 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 fitness facility 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. G. A response was received on November 16, 2005 from the Town Planning Board indicating that reviews are pending and that additional information will be requested from the applicant to be considered complete. BOARD RESOLUTION: In considering all of the above factors and applying the standards set forth in New York Town Law and the Town Zoning Code, motion was offered by Member Simon, seconded by Member Dinizio, and duly carried to GRANT a Special Exception, as applied for, subject to the following conditions: 1. That screening shown on the July 13, 2005 revised survey site plan prepared by Joseph A. Ingegno shall be continuously maintained to shield the premises from view from Depot Lane. 2. That the Zoning Board of Appeals reserves the right to inspect the screening. 3. That the site be devoted exclusively to the storage and maintenance of school buses. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, Dinizio and Simon. This Resolution was duly adopted (5-0). 4 (Q~ y d Ruth D. Oliva, Chairwoman 2121106 APPEALS BOARD MEMBERS soUryo Southold Town Hall Ruth D. Oliva, Chairwoman `O 53095 Main Road • P.O. Box 1179 Gerard P. Goehringer 4 4 Southold, NY It 971-0959 Vincent Orlando rn Office Location: James Dinizio, Jr. • COQ Town Annex /First Floor, North Fork Bank Michael A. Simon ~DO 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://soutboldtown.norihfork.net BOARD OF APPEALS RECEI TOWN OF SOUTHOLD W HAA Tel. (631) 765-1809 • Fax (631) 765-9064 JAN 42006 FINDINGS, DELIBERATIONS AND DETERMINATION SO NOW Turk MEETING OF DECEMBER 1, 2005 ZB File No. 5779 - MARTIN KOSMYNKA, Contract Vendee (Tlde Group, Current Owner) Property Location: 50 Commerce Drive, Cutchogue CTM 144-2-12 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 3.07 acre vacant site has 98 feet along Commerce Drive (cul-de-sac) in Cutchogue, and is located in the Light Industrial Zone District. BASIS OF APPLICATION: Building Department's August 2, 2005 Notice of Disapproval, citing Section 100- 43C in its denial of an application for a building permit for an accessory apartment within a public storage building is not permitted under the provisions of the zoning code for accessory uses. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 17, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: VARIANCE RELIEF REQUESTED: The applicant wishes to add a 902 sq. ft. Apartment dwelling unit, next to the 725 sq. ft. office area, all within one of the proposed new buildings (building referred to as Phase 1) to be built for public storage use in this Light Industrial Zone District. REASONS FOR BOARD ACTION- On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The new apartment (dwelling) unit will consist of 902+- square feet and is proposed for the purpose of residency by the manager-employee of the public warehouse facility at this site. Access to the storage units by the public is available 24 hours a day by the employees of the warehouse facility. If the variance were not approved, an employee would not be able to reside at the site as part of the management and security of the public warehouse operations. 2. The benefit sought by the applicant for on-site living space for the manager of the public warehouse facility cannot be achieved by some method, feasible for the applicant to pursue, other than by approval from the Zoning Board of Appeals for variance relief. 3. The variance granted herein is substantial. .y Page 2 -December 1, 2005 ZB File Ref. 5779 - Martin Kosmynka • CTM 96-1-1.4 4. The difficulty was self-created when plans were designed for a business with a residential unit in a Light Industrial Zone District. 5. No evidence has been submitted to suggest that a variance in this community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an apartment for the employee-manager of the public warehouse facility, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Orlando, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the 4/6/05 site plan (A-1) and A-0 Plan of elevation and screening, prepared by DiGiovanni & Associates, Architects, SUBJECT to the condition that the occupant of the accessory apartment must be employed as the public storage/warehouse manager. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Dinizio, and Simon. This Resolution was duly adopted (5-0). Ruth D. Oliva, Chairwoman 12/,J~& /05 Approved for Filing i