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HomeMy WebLinkAbout1000-113.-14-10 (2)APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 119-71 · MEETING HELD OCTOBER 5, 2006 ~ ~. ZBA SE File No. 5940 - Peconic Bay Materials CTM # 113-14-10 Property Location: 260 Cox Neck Road, Mattituck (Heritage Harbor Filed Map, Lot 10)'-'~'-''''~'' ..... FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is situated in the Limited Business (LB) Zone District and contains a total area of 47,760 sq. ft. with 153.51 ft. frontage along Cox Neck Road in Mattituck. The property is vacant and adjacent on the north by a dwelling (R-80 Residential Zone), on the east by a parcel zoned R-80 Residential and another parcel zoned Limited Business, and to the south by properties zoned Limited Business. Applicant's property is also shown as Lot #10 on the Map of Heritage Harbor filed 9-18-1979 in the Suffolk County Clerk's Office as Map #6853. APPLICANT'S REQUEST/BASIS OF APPLICATION: A Special Exception under 100- 81B(2) for a contractors business with storage and office areas. All parking and screening will be determined by the Southold Town Planning Board as provided under the Zoning Code site plan regulations for the Limited Business (LB) Zone District. STANDARDS/REASONS FOR BOARD ACTION: After review of the requirements set forth pursuant to Chapter 100 governing contractor uses by Special Exception review, and on the basis of testimony presented and personal inspection, the Board finds: 1. A landscape contracting business is permitted in this LB Limited Business Zone District under Section 100-81B(2) of the Town Zoning Code, subject to special exception authorization of the Zoning Board of Appeals. In this review the Board determines that a contractor business use is in harmony with the zoning ordinance and will not adversely affect the neighborhood when meeting the code requirements. 2. In addition, the Board has reviewed the General Standards governing Special Exception uses set forth in Section 100-263 and finds that: A) The use of the property as a Contractors Business Yard office and related activities are similar to the activities already approved by this Board in a previous decision made on September 11, 2003 (ZBA Application 5365) and will not prevent the orderly and reasonable use in this zone district and Page 2 - October 5, 2006 ZBA SE 5940 - Peconic Bay Materials 113-14-10 at Mattituck adjacent districts. The adjacent property on the north is improved with a single-family dwelling, zoned R-80 Residential, on the east by a parcel zoned R-80 Residential and another parcel zoned Limited Business, and to the south by properties zoned Limited Business. Opposite Cox Neck Road is an existing winery business also located in the Limited Business Zone District. B) This use will not prevent orderly and reasonable use of permitted or legally established uses in this zone district or adjacent use district. C) The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected by the proposed use and its location. D) The use will be in harmony with and will promote the general purposes and intent of the code. E) The use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly regarding visibility, scale and overall appearance. F) The structures, equipment and material will be accessible for emergency protection. In making this determination, the Board has also reviewed other matters under Section 100-264, and finds that no adverse conditions will result from this authorization: A. There will be no adverse change in the character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of such permitted uses. B. Property values will be conserved. A contractor's business in this LB Zone is a listed authorized use in the Zoning Code, allowed by Special Exception approval from the Board of Appeals and site plan approval from the Planning Board. C. The location of the existing building will not cause traffic congestion on public streets, highways and sidewalks. D. There is availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) as a result of this use. Page 3 - October 5, 2006 ZBA SE 5940 - Peconic Bay Materials 113-14-10 at Mattituck E. The use or the materials incidental thereto will not give off obnoxious gases, odors, smoke or soot. Outside storage of landscaping or construction debris is not permitted as a condition to this Special Exception. F. The use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. Outside storage of landscaping or construction debris is not permitted as a condition to this Special Exception. G. The operations as a contractor business and yard will not cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, existing or proposed by the town or by other competent governmental agencies. H. Off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate is subject to review and approval of the Southold Town Planning Board under the site plan regulations. I. There is no evidence to show that there will be any hazard to life, limb or property because of fire, flood, erosion or panic by reason of or as a result of the use or by the building to be used, or by the accessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus. There will not be undue concentration or assemblage of persons upon such plot in the operations as a landscaping business. J. The use and the building location will not cause an overcrowding of land or undue concentration of population. K. The plot area has been deemed sufficient, appropriate and adequate for this use. L. The use is not unreasonably near a school, theater, recreational area or other place of public assembly. M. The site is suitable for a contractors business and yard with related accessory uses considering its size and the character of the neighborhood. N. Concerns with respect to outside storage of debris has been addressed as a condition of this Special Exception. No other evidence has been presented to show that there would be any detrimental impact to adjacent properties and land uses. O. Adequate provision has been made for the collection and disposal of storm-water runoff, sewage, refuse, solid, and liquid waste. There will be no gaseous waste generated from this project. Page 4 - October 5, 2006 ZBA SE 5940 - Peconic Bay Materials 113-14-10 at Mattituck P. The natural characteristics of the site are such that the proposed use may be introduced without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. 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 Dinizio, seconded by Chairwoman Oliva, and duly carried, to GRANT the Special Exception for a contractor business as applied for, and shown in the Affidavit of John Conte received October 5, 2006, and site plan dated October 20, 2004 prepared by Barrett, Bonacci & VanWeele, P.C., SUBJECT TO THE FOLLOWING CONDITIONS: 1. There shall be no outside storage of debris, such as large stumps or trees, or construction debris. 2. Any temporary storage of stumps or other debris shall be removed from premises; 3. The evergreens and cedars along the north side of the property shall be permanently maintained. 4. A 6-foot high fence must be installed/maintained along the entire length of the rear property line and southerly side property line. The Board of Appeals reserves the right to review and inspect the property concerning the operations as a contractor's business and concerning the conditions of this Special Exception approval. 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 Oliva (Chairwoman), Goehringer, Dinizio, and Page 5 - October 5, 2006 ZBA SE 5940 - Peconic Bay Materials 113-14-10 at Mattituck Simon. (Member Weisman was abs,,e,%during this Resolution.) This Resolution was duly adopted (4-0). ~ ~(~ ~(~ Ruth D. Oliva, Chairwoman 10/ ,/ %:'-/2006 Approved for Filing PLANNING BOARD MEMBE~ JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, N-Y Telephone: 631 765-1938 Fax: 631 765-3136 To: Ruth D. Oliva, ZBA Chairwoman From: Jefilyn B. Woodhouse, Clmir~ Date: 5 September 2006 Peconic Bay Materials SCTM #: 1000-113-14-10 As per your memo dated August 29, 2006, this is to inform you that as of today, September 5, 2006, the Planning Board has not received an application for site plan for the above reference project. Once an application is received and the Planning Board has accepted the application, comments regarding the application will be forthcoming. Please contact this office should you have any questions or need further assistance. Thank you. Plaurfing Board Mark Terry, Interim Planning Department File APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 TOWN MEMO TO: FROM: DATE: SUBJECT: Planning Board Ruth D. Oliva, ZBA Chairwoman August 29, 2006 Request for Comments Our Department has received and is reviewing the following application, and enclose copies of the Building Department's Notice of Disapproval, and application with the applicant's latest map. The Planning Board may be involved under the site plan review steps under Chapter 100 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE. DATE STAMPED Peconic 113-14-10 5940 06/08/06 Special Site Plan Barrett, Materials LB Zone Exception; Dated Bonacci & Article 100- 10/20/04 VanWeele, 81B(2) Increase PC Intensity of Use Granted under ZBA #5365 Your comments are appreciated by September 18, 2006 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 8, 2006 TO: Peconic Bay Materials (Pawlowski) PO Box 30 Westhampton Beach, NY 11978 Please take notice that your application dated May 23, 2006 For permit for to convert an existing landscape contractor's yard to an excavation contractor's yard at Location of property: 260 Cox Neck Road, Mattituck, NY County Tax Map No. 1000 - Section 113 Block 14 Lot I~Q0 Is returned herewith and disapproved on the following grounds: The proposed use requires special exception approval from the Southold Town Zoning site plan approval from the Southotd Town Planning Board. You may now apply to these agencies directly. 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 ' JUL ] ? ZOO6 SOUTHOLD TOWN BOARD OF APPEALS Phone (631) 765-1809 Fax (631) 765-9064 ~. APPLICATION FOR SPECIAL EXCEPTION Date Piles: I (WE) hereby apply to the ZONING BOARD OF APPEALS, Southold, New York for a SPECIAL EXCEPTIONsuBSECTiONin accordance with the ZONING__ --ORDINANCE" ARTICLE fi.J,) , SECTION ~ wner(s)(as apphcant):'"~ooc~-~-x., .q....~ ...X~ Mailing Address: i~,(ot% ..... ~"'~-'~'-Ic~,o~ ~. _ '~'~t~"~. th'~,~.-l~,.~,..>t,x,~. . . . __ Telephone: G3~- ~,q~ NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Address: Telephone: For the below-described property for the following uses and proposes (and as shown on the attached plan drawn to scale): (attach separate sheets if needed) Statement of Ownership and Interest: and referred to as O,/oO QO)t. (House No., Street, Hamlet) is (at-e) ,the owner(s) of property known identified on the Suffolk County Tax Maps as District 1000, Section Lot(s) __/12) __, which is not (is) on a subdivision Map (Filed "Filed Map No. been approved by the Southold Town Panning Bom'd on [Minor] [Major] Subdivision). The above-described property was acquired by the owner on , Block /~ , , "Map of _, and has as a B. The applicant alleges that the approval of this exception would be in ha~aony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is the subject of this application is zoned ~ ~ and ['~,] is consistent with the use(s) described in the Certificate of Occupancy(copy attached). [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacantland. SwornCOUNTYbeforeOF SUFFOLK)/~:/ss.: ( ~ ~ STATE OF NEW YORK) to me this day of.-.~o-'~(7, (Notary Public) ZBA2 (rev. 2/06) PATRICIA ASBATIEL[O APPLICANT' S PROJECT DESCRIPTION (For ZBA Reference) Applicant: e~oxa~ .~r~-~o~.~xo~% _ Datemrepared: I. For Demolition of Existing Bnllding Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): k) C~C'}~__.. Dimensions of first floor extension: Dimensions of new second floor: Dimensions of fioor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes withont enlargement/extensiou /~.~ChQ._ (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on yom'property: Proposed increase of building coverage: ~ O ~ co_ Square footage of yom' lot: ~7~ ~71~t'3 -<~0 Percentage of coverage of your lot I~y buil~ling area: V. Purpose of New Construction Requested: _ .~c> f~ to_ VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code reqnirement(s): /(.~/Z~. Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for n ..... ew coustructmn), or photos of ex~stmg bnfidmg area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 'APPEAL8 BOARD MEMBERS LTdia A. Tortora, Chairwoman Gerard P. G0ehringer George Homing Ruth D. Oliva Vincent Orlaado BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION Soutliold Tow~i Hall 53095 Main Road P.O, Box 1179 Soul_hold, New York 11971-0959 ZBA Fax (631) 765-9064 Telept~ .o..n,.. ,. e {63 l)- 765-1,809 0¢I 1 7 2003 MEETING OF SEPTEMBER 11,2003 ZBA SE~#5,365 - _P.AUL PAWLOWSK! (R_.EFLECTING_ NATURE.I.AN.D__SC..A. PING.. INC.) P?/l~ei-h~ Lbdation: 200 Cox Neck Road, Ma[[i!.uck Hed',age Harbor Filcd Ida~, L~[ '.#~.0. 0TM#11~3-t4-1 D. ' : FINDINGS OF FACT PROPER[Y. FACTS/DESCRIPTION: The applicant's property is situated in the Limited Business (LBI Zone District and contains a total area of 47,760 sq. ft: with 153.51 ff. frOntage along Cox Neck Road in Mattituck.. The propePry is vacant and adjacent on the nortH, b,.y. a dwelling (R-80 Residential Zone); .on the east by a parcel zo'ned R-80 Re~lehtial and another parcel zoned Limited Business, and to the south by properties zoned' Limited Business. Applicant's property is atso shown as Lot #10 on the Map of ,Heritage Harbor filed 9-18-1979 in the Suffolk County Clerk's Office as Map #6853. APPLICANT'S RE, QU. ES,']I'/BAS S OF APPLICATION: A Special Exception under 100- 81B~) for a landscaping business with storage and office areas. All parking and screening Will be determined by the Southold Town Planning Board as p[ovided under · ~.Z0nig§ COde S [e plan regulations for the Limited Business (LB) Zofle D str ct .S.'TANDARDS/REASONS ,FOR BOARD ACTION: After review of the requirements set forth pursuant to Chap[er 100 governing contractor uses by Special' Exception review, and on the basis of testimony presented and :>ersonal inspection, the Board findS': 1. A landscape contracting bus ness is permitted in this LB Limited Business Zone DistriCt under Section 100-81B(2) of the Town Zoning Code, subject to special exception auth0dZation of. the~zoning Board bf AplSi~als~ ilo this review toe Boil?al:determines that a land,cape cOntractor business 'use is in ha~mofiy with the zoning ordinance'and will not adversely affect the neighborhood when meeting the code requirements. 2. In add'ition, the Board has reviewed the General Standards governing Special ExceptiOn uses set forth in Section 100-263 and finds that: A) The use of the property as a landscape contractor's office and related activi- ties in the proposed new building will not prevent the orderly and reasonable use in this zone district and 'adjacent districts. The adjacent property on the noah is improved with a smgl,e-family dwelling, zoned R-80 Residential, on the east Dy a parcel zoned R-80 Residential and another parcel zoned Limited Business, and to the south by properties zoned Lim, itad Business. Opposite Cox Neck Road is an existing winery busin~ also located'in ~he Limited Business Zone District. :" ?a'ge'2 ~ September 11, 2003 . ~.~BA sE~5365 - Paul PawJowsld ~113.;1'4-10 at Mattituck B) This use will not prevent ordedy and reasonable use of permitted or legally ~;established uses in this zone district or adjacent use distdot. C) The safety, health, welfare, com$ort, convenience, and the order of the town 'Wi!l not ~)e adversely affected by the proposed use and its location. D) Th.e use will be in harmonywith and will promote the genera purposes and · .intent of the code. · · E) The. u, se is compatible with. its surroundings and with the character' of the .h~ghborho0d and of the community in general, particularly with regarding to visibility, sCale and'overall appearance. F) The structures, equipment and matedal will be accessible for emergency protection. In making this determination, the Board has also reviewed other matters under Sectio~ 100-264, and finds that no adverse conditions will result from this authorization: A. There will be no adverse change in the character of the existing and probable development of uses ~ the distdct and the peculiar suitability of such district for the loCation of such permitted uses, B. Property va!ues will be conserved A landsCape business in this LB Zone is a listeC authorized use in the Zoning Code, aIIowed by Special Exception approval from the Board'of Appeals and site plan approval from the Planning Board C. The location of the proposed building will not cause traffic congestion on public streets, highways and sidewalks. D, There is availability of adequate and proper public or pdvate water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or Dtherwlsel as a result of this use. E. The use or the materials incidental thereto will not give off obnoxious gases, odors, smoke or soot. OUtside storage of landscaping or construction debris is not permitted as a conditioh to thi~ Special Exception. F. The use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. Outside storage of landscaping or construction debris is not permitted as a condition to this SpeCial Exceptio~ .~bg~3'~' S~'ptember 11,2003 '~ZBA mE,~F~65 - Paul Pawlowskl '~ 13.-'J~1~ at Maltituck 'G. The operations as a landscaping business will not cause undue interference with the ~rdedy: e~0yment by :the public of parking or of recreational facilities, existing or ".~bt0posed bi/the town:or by other competent governmental agencieS 'H, Off-street parking of vehicles incid, ental to th,e use and whether such space is ~ea~r[abl. y'adeqBate. ~hd .appropriate: Is sqbject to ~view and al:;prova of the Soath01d ~0wh PJ~n~irig B~ta~ uhdbr the site plan regulations.. !, There is ~0 evideppe to show that th,ere will ~)e any hazarC to life, limb or property il~ .~'Usc of fir.e~ flOOd, 'eroSioner panc by reason of or as a result of the use or bythe ~buiidin~ to ~e': u~ed or by the access bility of the property or structures thereon for [he ~.i~rtYenlent.eritryand Ol~eratior~offlre and other'emergencyapParatus. There will not be, ~..~Z~dtJe'C0riEbntratio[l or a~serriblage of per~ons upon such plot in the operations as a ~'apdscapi~g bUSir~eg.s. ~L 'l~le~u.~.,~ ap~. ~bu[Iding location will not cause an overcrowding of land or undue iC0~t on df polJUlation. ;K. The plot area;haS been deemed sufficient, appropriate and adequate for this use. L. Th~ use. is not unreasonably near a school, theater, recreational area or other place 'of pel~l~c'assemb y M.. The site~ is suitable for a landscaping business office and related accessory useS ConsideringitS si~:e and the character of the neighborhood. N. ,C.?nce~s with respect to outs de storage of debris has been addressed as a Cond~tibn o~ .th. is~ mpecia Except on ~1o other ev dence has been presented to show that there would be any detrimental impact to adjacent properties and land uses. O. Adequate prewsion has been made for the collection and disposal Of storm-water runoff, sewage, refuse, solid, and liquid waste. There will be no gaseous waste generated from this project. P. The natural characteristics of the site are such that the proposed use may be introd~lced without undue disturbance or disruption of Important natural features, systems or processes and without dsk of pollution to groundwater and surface waters on and of Fthe site. ag~4 ~-Sept(~mber 11,2003 iZBA SE~5365 - Paul Pawlowski 113.-1~10 at Mattituck 'RESOLUTION OF THE BOARD: In considering all of the above factors and applying the :~alancing test under New York Town Law 267-B, motion was offered by Member Oliva, ~=~seconded by Member Tortora, and duly carried, to GRA~.~ the Special Exception for a landscaping business as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1, Them sha]l be no outside storage of landscape debris, such as large stumps 0r.'trees, O'r ~.onstruction de~ds 2. Any temporary storage of stumps or other debris shall be removed from premises; 3. The evergreens and cedars along the north side of the property shall be pecmanently maintained. 4. The Board of Appeals reserves the right to review and inspect the property ~3nceming the operations as a landscaping business and the conditions of JS Special Exception approval. 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 Tortora (Chairwoman), Goehdnger, Orlando and Oliva. (Absent was MePnber Homing.) This Resolution was duly adopt~ Lydia~. Tofr~,~- App~ovec'r ~6~ Filing 10/,/~ /03 / $ 2~°56'10'' £ 149.87' LOT 9 Z ./ I 60.2' STORy SANITARY METAl_ VC~T ~UILDING 60 2 COX NECK ROAD FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 8, 2006 TO: Peconic Bay Materials (Pawlowski) PO Box 30 Westhampton Beach, NY 11978 Please take notice that your application dated May 23, 2006 For permit for to convert an existing landscape contractor's yard to an excavation contractor's yard at Location of property: 260 Cox Neck Road, Mattituck, NY County Tax Map No. 1000 - Section 113 Block 1~4 Lot 10 Is returned herewith and disapproved on the following grounds: The proposed use requires special exception approval from the Southold Town Zoning site plan approval from the Southold Town Planning Board. You may now apply to these agencies directly. Authoriz~ Slgnamre Note to Applicant: Any change or deviation to the above referenced app-'ffcation, may require further review by the Southold Town Building Department. CC: file, Planning Board, ZBA DAY 3 1 2006 FOR INTERNAL USE ONLY PLAN USE DETERMINATION Suffolk CountyTax Map No.:1000- I1% - I/~ - to Zoning District: Request:C~.~ r",f~ ~.4~(2ct_,jo._-~:o~ (~o¢,Jc¢o~(;-~-o,~.5 (Note: Copy of Building Permit Application and supporting documentation as to proposed use or uses should be submitted.) Initial Determination as ,to whether use is permitted: i~,o.~o 1bo r~(-~r-:(.¢~ Initial Determination as to whether site plan is required: ~'~ +e tc(z~/o,5 ' Planning Department (P.D.) Referral: P.D. Date Received: 5 / ~ ! / D Signature of Building In'spector Date of Comment: Final Determination Date: / / Decision: 'gn ua~,e~pt. Staff Reviewer Signature of Building Inspector '~ S 2i'=5'10' E e&11' ~ $ 23~e'10" £ 1~9.e7' LOT 9 22'13'50' W COX 150.00' ~1-'---~ Barrett, Bonacci & VanWeele, P.C PROPERTY MA~ ill UCK LOT N 22'/5'$0# w / 150.00' COX I~CK ROAD B~rre~, Bonacci & VanWeele, P.( PLANNING BOARD I~EMBERS BENNETT ORLOWSI~, JR. Chairman RICtZ~A~D CAGGIANO WILLIAM J. CRElV~EP~ ' KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box $179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 28, 2003 Mr. Paul Pawlowski P.O. Box 814 Cutchogue, N.Y. 11935 Re: Proposed Amended Site Plan for Reflecting Nature Landscaping Located approximately 314' north of CR 48, on the east side of Cox's Neck Road, known as 260 Cox's Neck Road in Mattituck SCTM #1000-113-14-10 Zone: LB, Limited Business Dear Mr. Pawlowski: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, October 27, 2003: The final public hearing was closed. The following resolution was adopted: WHEREAS, this proposed site plan, to be known as the site plan for Reflecting NatUre Refiectinq Nature - Pa,qe Two - October 27, 2003 further grant a Special Exception to allow a landscaping business with storage and office areas in an LB zone; and WHEREAS, a final public hearing was closed on said application at Town Hall, Southold, New York on October 27, 2003; and WHEREAS, this site plan, dated August 29, 2002, and last revised on September 29, 2003, was certified by the Building Inspector on October 17, 2003; and WHEREAS, the Town Engineer has reviewed the drainage calculations and the Planning Board has accepted his recommendations for approval, but the applicanf is directed to contact the Town Engineer dudng construction and grading to vedfy drainage installations; and WHEREAS, on November 19, 2002, the Architectural Review Committee revieweCJ and approved the proposed site plan elements; and WHEREAS, on March 19, 2003, the applicant signed a statement agreeing not to ~)bject to a new public hearing and Planning Board review of the revised application; and = WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Headng, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Soutl~old have been met; be it therefore RESOLVED that the Southold Town Planning Board grant final approval on the surveys, dated August 29, 2002, and last revised on September 29, 2003, and authorize the Chairman to endorse the final surveys subject to a one year review from the date 0fthe building permit. Enclosed please find two copies of the approved site plan; one for your records and one to be submitted to the Building Department when you apply for your building permit. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman Encl: Tax Assessors Town of Southold - Proposed Site Plan Peconic Bay Materials Tax Map # 1000-113-14-10 260 Cox Neck Rd, MattitucJ Town of Southold - Proposed Site Plan Peconic Bay Materials Tax Map # 1000-113-14-10 260 Cox Neck Rd, Mattituc] Town of Southold - Proposed Site Plan Peconic Bay Materials Tax Map # 1000-113-14-10 260 Cox Neck Rd, Mattitucl Town of Southold - Proposed Site Plan Peconic Bay Materials Tax Map # 1000-113-14-10 260 Cox Neck Rd, Mattimcl ~ BO~M~MBERS Lydia ~k Tortora, Chaimroma~ Gerard P. Goehfinger George Homing Ruth D. Oliva V/ncen! Orlan d~ BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 11, 2003 Southold Town Hall 53095 ~tin Road P.O. Box 1179 Southold, New York 11971-0959 ZBAFax (631) 765-9064 Telcp~6~e (631)~7~5-1,889 ZEIA~5365 - PAUL PAW~K {REFlECTiNG NATURE ND NG ,~ · .... .. .... : ,,.. . LA P~ Lo~tion: 260 Cox I~ ROad, Mathtuck; Heritage Harbor Fit'b_~f Map, Lot #10. , ~'~M W~113~t4,10. SEQRA DETERMINATION: The Zoning Board Qf Appeals has visited the property under conSideration In this application and determines that this review falls under 'the Type II categ~0ry Of th.e 'state's List of Actions, without an adverse effect on the environment if -the proj~ctq,~ impleme'nt~d as planned. PROPERTy, FACTS/DESCR PT ON: The applicant's property is situated in the Limited E~J~ii~b~s (LB~.Z0ne 'District and contains a total area of 47,760 sq. ft. with 153.51 ft. frontage al.0n~ Cox Neck Road in Mattituck. The property is vacant and adjacent on the n~ by a dWel!ing (R-80 Residential Zone), on the east by a parcel zoned R-80 R~gi~entia an~~, ai~bther parcel zoned Limited Bus ness and to the south by propert es ZO~ ~i~d! 80s, ibess, . AppliCant's property is also shown as Lot #10 on the. Map of Fl~fi[age H~bb~ fil~ed' 9-18-1979 n the Suffo k County C erk's Office as Map #6853. BAS{S OF AP?£ICATI~N: Build!ng Department's Apdl 22, 2003 Notice of Disapproval, c/(ir~SectiOri.~ ;1,00~82K and 100-83A. The reasons stated in the Notice of DisapproVal ar~. {hat a S~ba~k. is prbPoSed for a new bud ng on a 47 741+- sq. ft. lot at less than 10~0~ fe~t from'l~Ee d~l~-of-Way facing Cox Neck Road. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 21, 2003, at which time wdlien and oral evidence were presented. Based upon ail testimony, documentation, personal, inspection of the property, and other evidence, the Zoning Board finds the following facts to be true ant relevant: AREA VARIANCE RELIEF REQUESTED: Applicant is requesting a Variance a setback of the propose new contractor's business building with a setback at 60 feet from the front lot line along Cox Neck Road. ADDITIONAL INFORMATION The applicant also furnished the available computer image that was discussed and requested during the August 21 2003 public hearing, which has been made a part of the record. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: ZBA ~5365, Pau! Paw~ows~d 0f~id~nceI " 1 '13.-14-10 at MattOck 1. Grant of the alterative relief noted below will not produce an undesirable change in · - .~he character of the neighborhood or a detriment to nearby properties. The: applicant's : ~rOpen'y iS zoned Limited-Business; The property to the south i~ also zOned LB and 1'i ~p~¥ed ~ bos, ineSseS;, the property to the nOrth is. zdne~t; ~esid,~al 1~.--~0_., and dlp~ed With. a .single-fa,~ly dwellings: The appl.!cant's lgt,,t~ze does dot meet the ~0~0Q.0 bulk..,s~e~d~il~,s[ze m the EB~zor~.wi~ the exist!n9 ~,?,760 sq~ ft..?ne setback is Sp,.,req~i~'ed by th~"co~l'e.t0 be 100 fL from Cqx Neck~ ROAd:, ~ind t§e easterly Y~rd ~hil~ .thee. proposed baildidg is quite la)ge, allowing for an ~ ff. se~acE frorn~:Cox. Neck ~; sirn~at, to the Setback o~:the house on the n6rtheriy adja~_Jnt 10t i2, Th,e, benefi~ so,ught:by th~ applicant capnot be achieved by some method, feasible for ~':i~PliCa~t:'.~ I:~i,'Ts~e~ O.ther ,than, an a,~ ~a~.'. ~ .~ii.~b¥~',aPd 1he. b~dk Schedu!? ~,~' ~0, m, .,;~H~;~ Ro~.~,, a~th~ugn ~er¢- ~s a large a~a~t: or ~ano ayai~aDle m the :~;.e~j- ~nof the ~ vada..r~.~=. ~,~g[~ri~ed.hereLp,,. , s substanfia, . . The app; cant re quested a 40% reduct on. the.~ .~qUl.(~.**~e~nt,.,an, d the vanance granted allowsa 20% redu~on. /Uso the ~,~d~.i.~.;~ 50% less,than the bulk schedule requ rement of 80 000 sq, fL ~!:~l~da;pern~ a 20 ft. reduction in the code required 100 ff, minimum, ' ~" '"'.,equal .~jtl~te '.~e,. tbRok..of the adjaCent northerly dwelling (reft 3-24-82 updated ~pfepa'~.. !~ FFaro]~ F. Trarichon, Jr., P.C.). 4. Tlte d~ w~$.,self~created when the new building was planned.with0ut conformity t.~ f~ c0d~. ~_ ~a~k req~rnent' from Cox Neck Road that has been in effect since .1~9g~!' 5.. Board members*did have a concem that the property be used as a landscaping yard and 'r~o[ as a recycl!ng yard for trees and stumps. The applicant assured the Board that the~0ar, cel WdUld be,lused only for storage of landscaping equipment and not as a recycling yai'd, therefore there will not be adverse effect or impact on physical or env[ronr~ntal :con'dit!0ns in the neighborhood or district. The proposed building and site wil[~lso ~)e Subject to the requirements of Planning Board in its review under the site ~atf;regulatioris of the Zoning Code. 6. Grant of the alternative relief is the minimum action necessary and adequate to enable th,e applicant to enjoy the benefit of a landscaping business, while preserving and pro~.Cti~.~ thelcharacter of the neighborhood and the health, safety and welfare of the commu. j . 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 Olive, ~econded by Member' Tort0ra, and duly carded, to DENY the setback requested of 60 feet from Cox Neck Road, and to G..,RAN[_*. At.temative/t~lief .for. a~l 8e..ft. minimum setback from the property line a!~r~g'. C?,x Neck. R0a~, and GRANT.'~ approval for use 0f th!s 47,760 sq. ff. lot z00ed L~mited Busir~e~s Zone District, SUBJECT TO THE FOLLOWING CONDITIONS: 1. There shall be no outside storage of landscape debris, such as large stumps O~-'trees, or construction, debris 2. Arty tempol;ary storage of stumps or other debris shall be removed from premises; 3. The~ evergreens and cedars along the north side of the property shall be permanently maintained. 4. Board reserves the right to review and inspect the property conceming these conditions. This action does not authorize or condone any current or future use, setback or other feature of the subject preper[7 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 Tortora (Chairwoman), Goehringer, Orlando, and Oliva. (Absent was Member Horning.) This Resolution was duly adopt~ed~.(~0)..~ Lydia ~.Torto~a~Appm~/~d'f'or"Fili~g - 10//O /03 ,-~PP ~EaM-S ~BOARD MEMBERS Lydi~t A. Tortora, Chairwoman Gerard P. Goehringer George. Homing Ruth D. Ollva Soutliold Towzi Hall 53095 Main Road .P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Te!ept~0~, e (633.) 765 - ].809 http://s~~~t BOARD OFAPPEA~S ~-~ TOWN OF SOUTHOLD OCT FINDINGS AND DETERMINATION MEETING OF SE PTEMBER 11, 2003 'ZBA, S.E~5,3.65 - ..P.AUL.PAW. LOWSK[ f.R__EFLECTIN. G_ NATURE I.AN~D_SC..A..PING, INC.I P~l~ert~Ei~cation: 200 Cox Neck Road I~ a!.[ l.uck; Heri',age Harbor F cd Jap, L~[ '~;0. FINDINGS OF FACT PROPER'[Y, FACTS/DESCRIPTION: The applicant's property is situated in the Limited Business (t,B) Zone District and 'contains a total area of 47,760 sq. ft: with 153.51 fi. frontage'al&ng Cox Neck ROad in Mattituck. The pmpe/ly is vacant and adjacent On the nortH, bY a dwelling (R-80 Residential Zone)?on the east by a parcel zoned R-80 Re{~e~fiat and another parcel zoned Limited Business, and to the south by properties zoned'Limited Business. Applicant's property is also shown as Lot #10 on the Map of Heritage Harborfiled 9-18-1979 in the Suffolk County Clerk's Office as Map ~6853. ,~,I~PLICANT'S ,RE,QUES,T/BASIS OF APPLICATION: A Special Exception under 100- 81B~2) f~r a landscaping 'business with storage and office areas. All parking and scr,eening?ill be; ~letermined by the Southold Town Planning Board as provided under th~' Z6nih§ Code Site plan regulations for the Limited Business (LB) Zone D strict STANDARDS/REASONS FOR BOARD ACTION: After review of the requirements set fodh pursuant to Chap~r 100 governing contractor uses by Speciat Exceptibn review, am:l on the basis of testimony presented and personal inspection, the Board findS': I, A. landscape contracting business is permitted in this LB Limited Business Zone District under Sect~on 100-81B(2) of the Town Zoning Code, subject t~ special exception auth0dZatiD~ of. the[Zoning Board bf Appeals;: In_ this review tl~e Bo~'~d::de. tetmines that a landgcapeI contractor business ~ase is in harmohy with the zoning o~inance'and will not adversely affect the neighborhood when meeting the code requirements. 2. In add'ition, the Board has reviewed the General Standards governing Special Exception uses Set forth in Section 100-263 and finds that: A) The use of the property as a landscape contractor's office and related activi- ties in the proposed new building will not prevent the orderly and reasonable use in this zone district and adjacent districts. The adjacent property on the north is improved with a single.-family dwelling, zoned R-80 Residential, on the east by a parcel zoned P,-80 Resident/al and another parcel zoned Limited Business, and to the south by properties zoned Limited Business. Opposite Cox Neck Road is an existing winery busine'Ss also located in the Limited Business Zone District. "'- -'~age2-~ September 11,2003~ i~BA ~E#5365 - Paul Pa~owski' 13.-14-10 at Mat~k B) This use will not prevent ordedy and reasonable use of permitted or legally ;established uses in this zbne district or adjacent use districL C) The safety, health, welfare, comfort, convenience, and the order of the town 'Wi!l not be adverseJy affected by the proposed use and its [ocatJon. D) The. u~e will be in harmony with and will promote the general purposes and · .inte~l Of the code. ' · E) T ,bj~. use ~s compatible with its surroundings and with the character of the heighl~orhood an~ 0fthe community in general, particularly with regarding to visibility, scale andi0veral 'appearance F) The structures, equipment and matedal will be accessible for emergency protection. In making this determination, the Board has also reviewed other matters under Section 100-264, and finds that no adverse conditions will result from this authorization: A. There will be no adverse change in the character of the existing and probable development of uses r the distdct and the peculiar suitability of such distdct for the location of suCh permitted uses. B. Property values will be conserved A landscape business in this LB Zone is a listed authorized use ~n the Zoning Code, allowed by Special Exception approval from the Board'of Appeals and site plan approval from the Planning Board. C. The location of the proposed building will not cause traffic congestion on public streets, highways and sidewalks. D. There is availability of adequate and proper public or private water supply and facilities for the ~treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) as a result of this use. E. The use or the matadals incidental thereto will not give off obnoxious gases, odors, smoke or soOt. Outside storage of landscaping or construction debris is not permitted as a conditioi3 to this Special Exception. F. The use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. Outside storage of landscaping or construction debris is not permitted as a condition to this SpeCial Exceptio~ Page 3 - September 11, 2003 ZBA SE#5365 - Paul Pawlowski 113.-14-10 at Maffituck G. The operations as a landscaping business will not cause undue interference with t~e orderly enjoyment by the public of parking or of recreational facilities, existing or proposed by the town or by other competent governmental agencies. H. Off-street parking of vehicles incidental to the use and whether such space!is reasonably adequate and appropriate is subject to review and approval of the Southbld Town Planning Board under the site plan regulations. I. There is no evidence to show that there ~11 be any hazard to life, timb or prope~bJ because of fire, flood, erosion or panic by reason of or as a result of the use or by the building to be used, or by the accessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus. There will not be undue concentration or assemblage of persons upon such plot in the operations as a landscaping business. J. The use and the building location will not cause an overcrowding of land or undue concentration of population. K. The plot area has been deemed sufficient, appropriate and adequate for this use. L. The use is not unreasonably near a school, theater, recreational area or other plaCe of public assembly. M. The site is suitable for a landscaping business office and related accessory uses considering its size and the character of the neighborhood. N. Concerns with respect to outside storage of debris has been addressed asa condition of this Special Exception. No other evidence has been presented to show that there would-be any detrimental impact to adjacent properties and land uses. O. Adequate provision has been made for the collection and disposal of storm-water runoff, sewage, refuse, solid, and liquid waste. There will be no gaseous waste generated from this project. P. The natural characteristics of the site are such that the proposed use may be introduced without undue disturbance or disruption of important natural featureS, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. Page 4- September 11,2003~ ZBA SE~5365 - Paul Pawlowski 113.-14-10 at Maffituck 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 Oilva, seconded by Member Tortora, and duly carried, to GRANT the Special Exception for a landscaping business as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: I 1. There shall be no outside storage of landscape debds, such as large stumps or trees, or construction debds 2. Any temporary storage of stumps or other' debris shall be removed froh3 premises; 3. The evergreens and cedars along the north side of the Property shaft be permanently maintained. 4. The Board of Appeals reserves the right to review and inspect the prope?~y concerning the operations as a landscaping business and the conditions of this Special Exception approval. 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 Tortora (Chairwoman), Goehringer, Orlando ar{d Oliva. (Absent was Member Homing.) This Resolution was duly Lydia ~. Tol~/.~ - App~ov'e~ F~ling- 10//4 /03 Plat Amended Site Plans SPFile Type: Pr0~:t Type: Site Plans Status:' IncomPlete Application - In Active SCTM#: 1000 - 113.-14-10 Proiect Name: Peconic Bay Materials Address: 260 Cox Neck Road, Mattituck Hamlet: Mattituck Applicant Name: Paul Pawlowski, Peconic Bay Materials Owner Name: Peconic Bay Materials Zone 1: LB Approval Date: OPTIONAL ADDITIONAL INFORMATION End SP Date: Zone 2: Location: SC Filinll Date: C and R's: Home Assoc: R and M ^preement: Zone 3: SCAN Date: SCANNED JUL 2 8 ~X)9 1 Records Management