HomeMy WebLinkAbout5363
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown, north fork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765.1809 Fax (631) 765-9064
ZBA# 5,363
Tax Map #: ~zd-t/_ q _ q, ~
'4,7
COVER SHEET WITH ZBA FILE
STATUS OF FILE
Location: ~ lo
[ ] Refund issued: CANNOT activate or reactivate file (Applicant has withdrawn
application).
[ ~ ] NO REFLrND DUE, based on time spent for Town to process application and
hearings.
[ ~. ] Obsolete & expired; CANNOT reactivate this file: NEW APPLICATION
NECESSARY:
Extensive time has passed; Zoning Code changes are now in effect and this application
expired. NOTE: Applicant may apply for a new application with Building Inspector for
a new Notice of Disapproval and submit NEW application with all documents and
current maps to ZBA, or modify plan to conform to the current code. This Town file
based on applicant's previous year requests has expired.
[ ] No forms to be scanned; FILE # VOID: APPLICATION RETURNED.
forms were returned to applicant early in process, as requested by applicant.)
(All
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: March 4, 2003
TO: Matthews & Matthews A/C Grace's Place
191 New York Avenue
Huntington, NY 11743
Please take notice that your application dated September 30, 2002
For permit for the construction ora day care center at
Location of property: 31040 County Route 48, P econic
County Tax Map No. 1000 - Section 74 Block4 Lot 4.__9_9
Is returned herewith and disapproved on the following grounds:
The proposed day care center is not permitted pursuant to Article 1II, Section 100-33A, which states
that a da? care center is not a permitted use.
The applicants were granted a special exception from the Southold Town Zoning Board of Appeals for
construction of a nursery school. Upon filin~, it has been determined that the project is a da? care
center, not a nursery school.
AutJ~rizJd 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, Z.B.A.
CERTIFI"~D TO~
FTffLITY NATIONAL TITLE INSURANCE COMPANY OF NEVI YORK
?'LE NO. O! ~ 5404" 351Et i eUF'F,
NEVI YORK STATE FEDERATION OF PROCESSORS AND GROVIERS~ INC.
~W YORK STATE H~U~G
~ /ree
79,
LDT 6
S 58'29'I0. ~v
o!
06'
(C.R. 48)
L = 562.15'
56'07'20' g 76,56'
LDT 7
4R£A=87,434 S.F, or ;2.007~P oc
;I000- 74-04- 4, 7
LOT 8
AREA=ll2,704 S.F, or Z. SE?J oc.
iO00- 74 -04-4.8
I95,00' S 58'29'10'
LONG ISLAND RAIL ROAD
194,06'
NO. 49818
- 1797
KEY MAP
SCALE:i "=600'
om Clef..17, ?.001 (~evldo~
MA Y 7~00~° (revise cerllflcelion)
~ ~ Act ~LL~ ~OE UPO~ r~ S~OUNO, mar ir~o ~V~ORU~nO~, COU=~ ANO
DISTANCES SHOWN THEREON ARE ACCURATE, TI'IA r THE rlT/'LE LINES/4N~ LINE8 OF ~CTUAL
PO$$£$$10N ARE ' CLOSES' BY ENGINEERING
TI~a T
LINES AND ,
PLA
UTILITY SERVICES
PROPERTY OR VIITHSV
' OR OTHER
DEPARTMENT OF H.U.D, FLOOD
PUgLIeHIZD BY THE FEDERA£
ACCORDANCE. ~ITH T~NIMUM
~Y ~STABL~HED BY AL
of 8~veyer
SET
LOCATION AND TYPE OF ALL
BUILBIN~
TIN6
THOSE
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
For Office Use Only .r~ 1
OfficeFee: $ Notes: L]LN~ Filed By: 1~' J/{~'~" Date Assigned/Assignment No. ~-~¢~ Vr2~
SCTM 1000 Section-7 5/Blockt~ Lot(s) (/] ¢ Lot Size Z 0 a C~one District /~r -~-__~
I (;~) APPEAL THE ~TTEN DETE~IINATION OF THE BUILDING INSPECTOR
Mailing
Telephone:
Please specify who you wish correspondence tO be mailed to, from the above listed names: O Applicant/Owoer(s) ~uthorized Representative ~1 Other:
XV[tEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED q -o~ - o2 o o ~
FOR:
~ildiag Permit
~ Certificate of Occupancy [] Pre-Certificate of Occupancy
[] Change of Use
U Permit for As-Built Construction
Other:
Provision of the Zoning Ordinance Appealed. indicate Article, Sect on, Subsection and paragraph
of Zoning Ordinance by nnmbers. Do not quote the code.
Artlele Section 100- Subsection
Type of Al)peal. An Al)peal 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.
~nterpretatton of the Town Code, Article /ll Section /o~ ~ ~/
A prior appeal~as~ has not been made with re,peet to this proper~ UNDER Appeal ~4,
Page 2 of 3 - Appeal Application
Part A: AREA VARIANCE REASONS (attach extra sheet as needed):.
(1) An undesirable change will not be produced In the CHARACTER of the neighborhood or a
detriment to nearby properties, If granted, because:
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the
applicant fo pursue, other than an area variance, because:
(3) The amount of relief requested Is not substantial because:
(4) The variance wlll NOT have an adverse effect or Impact on the phystcal or envlronmental
conditions in the neighborhood or district because:
(5) Has the variance been self-created? ( ) Yes, or ( ) No. If not, Is the construction
existing, as built? ( ) Yes, or ( ) No.
(6) Additional Information about the surroundlng topography and building areas that relate fo
the difficulty In meeting the code requirements: (attach extra sheet as needed)
This Is the MINIMUM that Is necessary and adequate, and af the same time preserves and
protects the character of the neighborhood and the health, safely, and welfare of the
community.
( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE
~TANDARDS. (Please consult your attorney.) Otherwise, please proceed fo the siqnature and
notary area below.
Slgna~/"o~ .~l~pellanf or Authorized Agent
Sworn fo be~re. ,me this .~
day..gf ..-~-~,<C~.,,.~., 200~ (Agent must submit Authorization from Owner)
{,_.m~otary Public)
JOHN C. I~ENNETT
NOTARY ~'UBLIC, State cf New York
No. 02-BE4~'!2333
Qualified in N~assau County,....~...~
Commiss on E~p r~s Sept, 19,,
ZBA App 9/30/02
Page 3 of 3 - Appeal Application
part B: REASONS FOR USE VARIANCE ('ff requestec~: ~.~ e~ ~ ~ ~ / ~- ~
For Each and Every Permitted Use under the Zoning Regulations for the Particular Dlstrlcf Where
the Project is Located (please consult your attorney before completing):
1. Applicant cannot realize a reasonable return for each and every permiffed 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 hardshlp relating to the properly Is unique because:
3. The alleged hardship does not apply fo a substantial portion of the district or neighborhood
because:
4. The request will not alter the essential character of the neighborhood because:
5. The alleged hardship has not been self-created because:
6. This Is the minimum relief necessary, while at the same time preservlng and protecting the
character of the neighborhood, and the health, safety and welfare of the communlh/. (Please
explain on a separate sheet ii' necessary.)
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 fo apply AREA
.VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed fo the
slcinafure and notary area below.
Sworn fo be[ore me this ~07~
//d y of .......... 2003.
~ (Notary Public) -
Slgna u~E.~r,6 of Appellant or Authorized Agent
(Agent must submit Authorization from Owner)
dO~,~~ ';. DENN ~ ~-I'
~JB ~, ~t~ c; New York
., Sept. 19, ~ Z~A App
Applican~(s)~
PROJECT DESCRIPTION
(Please include with Z.B.A. Application)
If building is existing and alteratious/additions/renovattons are proposed.'
A. Please give the dimensions and overall square footage of extensions beyond existing building:
Dimensions/size:
Square footage:
B. Please give the dimensions and square footage of new proposed foundation areas which do not
extend beyond the existing building:
Dimensions/size:
Square footage:
II.
If land is vacant:
Please give dimensions and overall square footage of new construction:
Dimension/size:
Square footage:
Height:
III, Purpose and use of new construction requested in this application:
~. Additional information about the surrmmding contou:s or nearby buildings that lelate to the difficulty
in meeting the code requiIement(s):
V. Please submit seven (7) photos/sets afier staking coruers of the proposed new construct/on
Please note: Further changes, after submzttmg the above m~ormatzon, must be placed m writing and may
require a new Notice of Disapproval to ~how changes to the imtial ~lans Zf additional time is needed,
ple~e~c°nt~ct o~' ~?Tce, o ' ,~[eo*e ch,:'ck ~ ,~n" B~ddtng' ' ~ ~ Depa~'~ment t,"TdS-]~02)" or, Ap~eah' Dep~,'truent
(765~1 dO9) ~f ~'o~,~ are not sw'e Yh,~,,vc ko ~
QUESTIONNAIRE
FOR FILING WITH YOUR Z,B.A. APPLICATION
Is the subject premises listed on the real estate market for sale?
E Yes D/qNo
Are there any proposals to change or alter land contours?
~] Yes ~,.No
1) Are there any areas that contain wetland grasses? p.) O
2) Are the wetland areas shown on the map submitted with this application?
3) Is the property bulk headed between the wetlands area and the upland building area?
4) If your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its determination of jurisdiction?
Is there a depression or sloping elevation near the area of proposed construction at or below five
feet above mean sea level? po 0 (If not applicable, state "n/a".)
Are there any patios, concrete barriers, bulkheads or fe~jes~hat exist and are not shown
on the survey map that you are submitting? (If none exist, please state
Do you have any construction taking place at this time concerning your premises? f,9
lfyes, please submit a copy of your building permit and map as approved by the Building
Department. If none, please state.
Do you or any co-ovmer also own other land close to th s parcel?
where or submit copies of deeds.
If yes, please explain
Please list present use or operations conducted at this parcel ~ 0 '~; ~<.
and proposed use pa q/vd'ova/, x',~ ~
Autl~zed Signature and Date
APPLI(
TRANSACTIONAL DISCLOSURE FORM
T~_h.e Town of S out_hold's Code of Ethics prohibits conflicts of_interest o__n tile part_of Town o~ffi.¢ers
_and employees. The purpose 0f_tt~-s form is to provide information, which can .a, lert the Town o_f
lZgssible conflicts of interest~and allow it to take whatever a~ct on is necessary to avoid same.
YOURN^ME: _:F a 4-.p/,o.
(Last name, first 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.)
Tax Grievance
Variance
Change of Zone
Approval of Plat
Exemption from Plat
or Official Map
Other ~
If "Other",
nametheactivity: tO-4C'je~.,~' ~{£~t~'t.,~ ~'~, OI2 b~/[t~",~.~ /*A~rfle~.~,~_
Do you personally, (or through your company, spouse, sibling, parent, or child) have a
relationship with any officer or employee of the Town of SouthoId? "Relationship" includes by
blood, marriage, or business interest "Business interest" means a business, including a
partnership, m which the Town or2icer or employee has even a partial ownership of (or
employment by) a corporation m which the Town officer or employee owns. more than 5% of the
shares
YES NO ~"
If you answered "YES", complete tile balance of this folTn and date and sign where indicated.
Name of person employec~ by the Town of Southold:
Title or positron of that person:
Describe that relationship between yourself (the applicant) 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 o~er of greater than 5% of the shares of thc corporate stock
of the applicant (when the applicant is a corporanon);
____ B) file legal or beneficial owner of any interest m a non-corporate entity
(when the applicant is not a corporation);
~_ C) an ol2'icer, director, partner, or employee of the applicant; or
~ D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Signatnre _~ ~
617,21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
SI
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be compla~ed by Applicant or Project sponao~
1. APPLICANT/~PONSOR
t
7. AMOU,NT OF LA,NO AFFECT/O:
10. 00~$ ACTIO,N iNVOLVE A PERMIT APPROVAL. OR F1JNOING, HOW OR ULTIMATELy FROM ANy OTHER GOVERN~ ENTAL AGEN (FEDERAL
Oate: .
you are a Slelo agoncy, complele
U_.~_...._~Jal Assessmepl Form belore procoedlng With this assessment
vow. or sou~'.o,o
OWNER
LAND
IMP. I TOTAL
TYPE OF BLD.
PROP. CLASS
DATE
FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH
BULKHEAD
TILLABLE
MEADOWLAND
HOUSE/ZOT
TOTAL
COLOR
TRIM
M. Bldg.· Foundation csPC' Bath Dinette
Extension Basement c.^wL Floors Kit.
Extension Ext. Walls Interior Finish L.R
Extension Fire Place Heat. D.R
~lio Woodstove BR.
~ch Dormer Fin. B.
Deck Attic
Breezeway Rooms 1st Floor
Garage Driveway Rooms 2nd Floor
O.B..
Pool
[ ~C:~.---"'~ "dr--'~ --'~,~' TowN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STREET ~.~/~ VILLAGE DIST. SUB LOT
ACR. ~ ,~ REMARKS
LAND IMP. TOTA~ DATE /
I
FRONTAGE ON ROAD
DEPTH MEADOWLAND
BULKHEAD HOUSE/LOT
TOT,
COLOR
TRIM
M. Bldg. Foundation pc Bath Dinette
FULL
Extension Basement CR^WL Floors Kit.
SLAB
Extension Ext. Walls Interior Finish L.R.
I~ension Fire Place Heat D,R.
~'io Woodstove BR.
Porch Dormer Fin. B.
Deck Attic
Bree~teway Rooms 1st Floor
Garage Driveway Rooms 2nd Floor:
Pool
zONING BOARD OF APPEA~
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville, Southold Town Clerk
DATED: May 5, 2003
Zoning Appeal No. 5363
Transmitted herewith is Zoning Appeal No. 5363 of NYS Federation of
Processors & Growers by James F. Matthew for a variance. Also included is:
project description; ZBA Questionnaire; Applicant Transactional Disclosure
Form; Short Environmental Assessment Form; Notice of Disapproval dated
March 4, 2003; letter of transmittal dated May 1, 2003; Suffolk County
Department of Health Services Permit Ref No. C10-01-011; copy of Planning
Board letter with resolution to Francis Murphy dated September 10, 2002;
Planning Board Negative Declaration dated April 8, 2002; ZBA Findings &
Determination of Application No. 4969; copy of Building Permit application; and
survey.
James F. Matthews
Patricia Loftus Matthews
Matthews & Matthews
Attorneys At Law
191 New York Avenue
Huntington, New York 11743
631-673-7555
FAX: 631-425-7030
e-mail: jimmatthewslaw~aol.com
Zoning Board of Appeals
Town of Southold
Town Hall
Southold, New York
Dear Sir or Madam:
May 1,2003
Re: Grace's. I.~. ~
RECEIVED
MAY - 2 2003
IZONING BOARD OF APPEALS
Enclosed please find an application regarding our appeal to the Zoning Board of Appeals
"ZBA" of a determination by the building inspector to deny us our building permits for the
erection of a building and other site facilities for a use previously approved by the ZBA.
Attached you will find: application; cheek for $400; letter of denial dated March 4, 2003;
building permit application dated September 26, 2002; survey (original plus 6 copies); ZBA
special use permit; site plan approval from Planning Board; Board of Health permit from Suffolk
County Department of Health; and SEQRA negative declaration from the Planning Board.
I have also enclosed copies of two letters, one dated November 5, 2002 to Michael Verity
and the other dated December 10, 2002 to Gregory Yakaboski, which explain in detail the issues
on this appeal.
'~' "~'' -~E~'k~SE .... NOTE: ........................... THAT WE WERE INFORMED"' '~ .... BY MICHAEL- ........................... VERITY THAT THE
PLANS MEET ALL BUILDING CODE REQUIREMENTS AND THAT THE ONLY REASON
HE IS REFUSING TO ISSUE OUR BUILD]lNG PERMIT IS BASED ON OUR USE OF THE
PREMISES. NOTWITHSTANDING THAT THIS ISSUE WAS PASSED UPON BY THE
ZBA IN THE SPECIAL USE PERMIT, AND OUR CONTINUED AFFIRMANCE TO MR.
VERiTY THAT OUR USE WOULD CONFORM TO THE ZBA APPROVAL, HE HAS
DECIDED TO, IN OUR OPINION, SUBSTITUTE HIS OPINION FOR THE LAWFUL AND
FINAL DETERMINATION OF THE ZBA. WE BELIEVE HE IS CLEARLY ACTING IN
EXCESS OF HIS JURiSDICTION. FOR THESE REASONS, WE RESPECTFULLY
REQUEST THE ZBA TO DIRECT THE BUILDING INSPECTOR TO ISSUE OUR
BUILDING PERMIT. WE DO NOT BELIEVE A HEARING IS REQUIRED OR
NECESSARY AS ONLY A QUESTION OF LAW IS INVOLVED, THE ZBA HAVING
PREVIOUSLY RENDERED A DETERMINATION APPROVING OUR USE.
Thank you all for your time and attention to-this important matter.
v f s,
Jfime~/lO[atthews
JFM:cc
Enclosure
James F. Matthews
Patricia Loftus Matthews
Fax to: 765-1823
Gregory F. Yakaboski
Town Attorney
Town of Southold
53095 State Route 25
Southold, New York 11971-0959
Dear Mr. Yakaboski:
Matthews & Matthews
Attorneys At Law
191 New York Avenue
Huntington, New York 11743
631-673-7555
FAX: 631-425-7030
December 1 l, 2002
Re: Grace's Place
We are at a crossroads in respect to this matter, which as you know has been pending for
...... -~r-v,-----~-~-J;'~ o,~h, ~.~e ...v..-.~'~^"*~'° before the bui!d'.'n e en ng --r ......... , ....... ~, ......
Appeals and Planning Board. We have received our "use" approval from the Zoning Board of
Appeals and our site plan approval from the Planning Board. At this time, your building.
inspector is refusing to issue our building permit. He indicated that he would be discussing this
matter with you.
We have made clear to the building inspector and to you in prior communications that we
believe the refusal to issue the building permit is an unlawful act under federal and state law and
the Southold Town Code. I have attempted to reach you by telephone to discuss these matters
before we take legal action. Out of courtesy to you and the Town, it was and continues to be my
desire to have a complete dialogue on the issues before resorting to redress in the Courts.
Therefore, I would request a conference with you to review these matters. I would agree to
stipulate to the confidentiality of the meeting as our sole purpose in meeting is to explain why we
believe we are entitled to the building permit and why the building inspector is exceeding his
We previously explained why the building inspector lacks authority to question our use
since the Zoning Board of Appeals already granted us a special permit for our use. In addition,
your zoning code permits accessory uses in the A-C district in which we are located. Accessory
uses are defined to specifically include "Child care." [§ 100-3 l-C(11)] as well as "Any customary
structures or uses which are customarily incidental to the principal use, except those prohibited
by this chapter" [§ 100-3 l-C(1)]. We do not concede the need to rely on these accessory use code
provisions as our use was determined by the Zoning Board to fall within the definition of
"nursery school". However, even if there was a question concerning the child care part of our
1
program, your code expressly permits this use, which is clearly accessory to the nursery school
use. You cannot possibly have a nursery school without some form of child care. In our case,
our principal use is clearly as an instructional facility for children under six years of age,
precisely what your code defines a nursery school to be.
We clearly are a nursery school as defined under the Southold Town Code as interpreted
by the Zoning Board of Appeals. Furthermore, our use is a protected right under federal law.
We respectfully submit that the building inspector is acting arbitrarily and in derogation of law
and the authority and determinations of your own Zoning Board of Appeals and Planning Board.
He simply does not possess the legal basis for his action in blocking our building permits.
The last thing we want to do is to incur legal costs and to cause the same for the Town of
Southold. While we are not required to proceed to the Zoning Board of Appeals because we
previously went there as required by the code, any aggrieved party who objects to the issuance of
a building pennit may appeal same to the Zoning Board of Appeals provide they do so in a timely
manner. Therefore, it seems to make no sense to us that the building inspector would provoke a
lawsuit by us rather than perform his statutory duty, the result of which would still allow an
avenue of relief to aggrieved persons with standing. This would bring us back to the Zoning
Board of Appeals. In such instance, we believe the Zoning Board remains bound by its prior
determination in this matter, just as the building inspector is.
· "in Sttort, the conduct of the building inspector fs inexplicable and c0ntra/y to law2 He
even is refusing to issue us a letter of denial explaining himself. We appeal to you to be the
voice of reason, to avoid what we believe is an unnecessary expense to the Town. You should
also be aware that our client is the recipient of grants, one of which is in the amount of
approximately $300,000.00 for equipment and supplies and is due to expire at the end of January,
2003. Therefore, unless we receive our building permit we will be required to include this as a
claim against the Town and the building inspector. There will be other items of damage if we
continue to be denied our rights in this matter.
Thank you for your attention to this matter. We appreciate the opportunity to speak with
you regarding these important matters.
· Ve~ yours,
James F~tthews
JFM:cc
James F. Matthews
Patricia Loftus Matthews
Michael Verity
Building Inspector
Town of Southold
PO Box 1179
Southold NY 11971-0959
Dear Mr. Verity:
Matthews & Matthews
Attorneys At Law
191 New York Avenue
Huntington, New York 11743
631-673-7555
FAX: 631-425-7030
November 5, 2002
Re: Grace's Place
As we have previously advised, we are counsel to Agri-Business Child Development
("ABCD"), applicant for a building permit that would allow us to begin construction of the
n~se~, school k~ev.~ Ns C~.ce's Pl~ce .........
As you are aware, our use has been fully heard and approved by the Zoning Board of
Appeals. Any issue regarding whether our use complied with town code provisions had been
previously determined by the Zoning Board, which issued a special use permit deciding this
i~sue. Pursuant to the Southold Town Code and the New York State Town Law, the Zoning
Board of Appeals has exclusive jurisdiction to decide this issue and no other town official or
agency has authority to question this determination. The only means by which the Zoning Board
determination could be challenged is through an Article 78 proceeding commenced in the
Supreme Court, Suffolk County. However, the time to challenge the Zoning Board decision has
long since expired and it is now a final and binding decision. Respectfully, we are therefore
compelled to advise that there is no longer any lawful basis upon which you may question our
use.
We also note that the foregoing was acknowledged on several occasions on the formal
record of proceedings by the Planmng Board of the Town of Southold. The Planning Board '
recognized that they had no authority to question the use as approved by the Zoning Board. The
law that bound the Planning Board to the Zoning Board determination also binds you as building
inspector.
As you are also aware, ABCD has expeditiously and promptly pursued all of the permits
and approvals required by the town. The only delays have been solely due to the town review
process. In this regard, you have raised a question about the applicability of Town Code § 100-
262-C which specifies a time period for a special exception approval. The law is clear that the
town may not impose such a limitation on the one hand while withholding permits and approvals
on the other hand. Indeed, the town has recognized this and under the circumstances presented
here, has not withheld building permits where the applicant has promptly filed for the municipal
approvals. It is our further understanding that the Zoning Board concurs with our interpretation
of the code and does not question the continuing validity of our special use permit.
In any event, the cited code provision provides that if the use is "undertaken or begun"
during the period of validity of such approval, it is deemed a lawful use. Here, there is no
question that the use has been "undertaken or begun" as we have proceeded through the
architectural and site plan approval process and the building permit application process and
complied in all respects with town requirements. We have expended substantial sums on
architect and professional fees, land acquisition, engineering fees and have entered into a contract
with a construction firm, all in reliance upon the special use permit approval.
In short, it would be impossible for us to have done anything any faster. We were obliged
to accept substantial delays during the site plan process, occasioned in significant part by persons
in the community who object to our use of the subject premises. Ironically, it is those very same
people who now are urging you to withhold our building permit because of the delays they
caused. The law clearly prohibits government officials from damaging one's property rights in
such a manner.
law issues at stake in this matter. Federal statutes and decisional law prohibit violations of our
due process rights, which would result from substantial delays or withholding of our building
permits.
Finally, as CJrace's Place, pursuant to state legislative and executive mandates, is required
by reason of its funding to serve a specified population, i.e., the children of agricultural workers
based on income eligibility requirements, and since such persons are predominantly Hispanic or
other protected minority, there are strict legal requirements under both state and federal law that
prohibit discriminatory conduct against us. All of these liabilities attach to both the
governmental subdivision and to the public officials personally.
We have been extremely patient with the process in the town and believe there is no
lawful basis upon which you may withhold the building permits. Please advise if you require
anything further at this time. ..~--,~--~ ..... . ~ .... -~--~_.~.-~,~.
Thank you for your time and attention to this important matter.
JFM:cc
cc Gregory F. Yakaboski, Town Attorney
Jamfl~?. Mfffthews
2
COUNTY OF SUFFOLK
ROBERT J. GAF6%rEY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF HEAL'I'H SERVICES
OFHCE OF WASTEWATER MAN^GEMENT
(631) 852-2100
B. BRADLEY, M.D., MPH
COMMISSIONER
PERMIT
Health Services Reference # C~ { (~- ~ ( - O ( /
The a~ched pl~. when duly si~ed by a ~p~nmfive of ~e depa~nen% consamtes a ~t to
cons~ct a water su~ly ancot a ~wa~ ~s~a~ or coll~aon system for ~e pm~ ~ ~pict~, ~e
applic~t should ~e note of ~y con~ons of approve, which may ~ in,cared on ~e pl~ or encio~d
he,in. Cons~caon m~t confo~ wi~ applicable s~ inclu~ng '~d~ for Appm~ of
P~ ~d Co~c~n for ~w~ ~ S~ for O~er ~ S~e F~y ~iden~."
O~ions or l~k of ~1 ~ ~e pl~ do not ~le~e ~e a~lic~t ~om ~e ~s~nsibiHty of ha~ng ~e
cons~cfion done in cenfo~ance with apNicable smn~&q.
The permit (plan) expires three (3) years after the approval date. Any modification which may affect
the proposed sewage disposal or water supply systems requires submission of a revised plan and
add3.tional fees (if applicable) for reappmval prior to construction. No inspections will be performed
by the department on expired perrmts.
perrmts may be renewed, extended, transferred, or revised in accordance with the procedures
described in Instructions to Renew, Extend, or Transfer an Existing Permit for Other than
Single Family Residences (Form WWM.018).
It is the applicant's responsibility to call the department in advance to arrange inspections of the
sewage disposal anc~or water supply facilities prior to backfilling. These include inspections of the
sewage collection and disposal systems, water supply system components and piping, and final
grading as shown on the approved plans. In certain cases, inspections of the soil excavation may be
required to determine the acceptability of the soils for sewage disposal systems. The department
must be notified at least 48 hours in advance to schedule an inspection by calling 852-2097; and
excavation inspections mu~t also be confirmed by calling 852.2100 prior to 9:$Oara, the morning
of the inspection.
Final approval issued by the Department is necessary prior to the occupancy of new buildings,
additions to existing bUildings, or for the use of sewage disposal or water supply systems.
WWM-016 (Rev. 4/03/0l) Page 1 of 2
CONDITIONS FOR OBTAINING FINAL APBROVAL OF CONSTRUCTED PROJECT
As a condition of this permit to construct, the following items must be completed a~ a minimum,
prior to building occupancy and use of the sewage disposal system or water supply facilities. For
further information concerning this, refer to Instructions For Obtaining FlnsJ Health Department
Approval Of Constructed Projects For Other Than Single Family Residences (Fon'n WW'M-19).
[] Excavation Inspection by the Office of Wastewater Management prior to installation of any
leaching pools to determine acceptability of soils. ( Call 8~2-2097to schedule an inspection
and confirm by calling 852-2100 pHor to 9:$Oam, the morning of the inspection.)
ffSatisfactory inspection by Office of Wastewater Management of the sewage disposal system (Call 852-2097 to schedule an inspection.)
[~Satisfactory inspection of the water supply system by:
[~ Office of Wastewater Management (Call 852-2097 to schedule an inspection.)
[] Office of Water Resources, Water Quality Unit ( Call 8:53-2250 for inspection.)
[] Satisfactory inspection by the Office of Pollution Control ( Call 854-2502 for inspection.)
[] Sewage treatment plant ['-] Storage tanks [] Other:
[~( Application for a Food Permit to the Food Control Unit ( Call 852-2067 for instructions.)
{~ Pour (4) prints of an As-Built plan
[] "Tap letter" from water district
[21' Certification from the licensed sewage disposal system installer
[] "S-9 form" from Suffolk County Department of Public Works (SCDPW)
[] Sewer district approval of sewer line installation (for other than SCDPW districts)
[~ Well drillers certificate [~Water analysis
[] Certification of Carbon Monoxide Alarm Installation (form WWM-075 MD)
[] Design Professionals Cert/fication of Constructed Works (form WWM-073, enclosed) for: [] Sewer lines and sewage collection system
[] Retaining walls (approved as part of the sewage disposal system)
[] Sewage pump station/valve chamber
[] Sub-surface sewage disposal system
[] Sewage treatment plant
' [] Water supply system
[] Abandonment of Preexisting sewage disposal system and/or water supply
[] Other:
[] Other:
WWM-016 (Rev. 4/03/01) Page 2 of 2
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
RICHARD CAGGIANO
WILLIAM J. CREMERS
KENNETH L. EDWARDS
MARTIN SIDOR
P.O. Box 1179
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
September 10, 2002
Mr. Francis Murphy
c/o Century 21
1146 Route 25
P.O. Box 2
Jamesport, NY 11947
Re:
Site Plan for Grace's Place
Located on CR 48, 1307' west of Peconic Lane in Peconic
SCTM# 1000-74-4-4.7 & 4.8 Zone: A-C
Dear Mr. Murphy:
The following resolution was adopted by the Southold Town Planning Board at a
meeting held on Monday, September 9, 2002:
The final public hearing was closed.
The following resolution was adopted:
WHEREAS, this proposed site plan, to be known as Grace's Place, is to construct a
7,000 sq. ft. nursery school on a 4.6 acre parcel on County Route 48 in Peconic; and
WHEREAS, Agri-Business Child Development, a division of New York State Federation
of Growers and Processors Association, Inc. (referred to as ABCD) are the owners of
the property known and designated as "Graces Place", SCTM#1000-74-4-4.7 and 4.8;
and
WHEREAS, a formal application for approval of this site was submitted on June 29,
2001; and
WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental
Quality Review Act (Article 8) Part 617, declared itself lead agency and issued a
Negative Declaration on April 18, 2002; and
Grace's Place - Paqe Two - 9/10/02
WHEREAS, the Zoning Board of Appeals granted a Special Exception for a nursery
school for up to 76 students in an A-C zone on July 12, 2001, Application No. 4969; and
WHEREAS, the site plan, dated 5/9/01 and last revised 8/25/02, was certified by the
Building Inspector on September 6, 2002; and
WHEREAS, the Town Engineer has reviewed the drainage calculations and the
Planning Board has accepted his recommendation for approval; and
WHEREAS, on December 18, 2001, the Architectural Review Committee reviewed and
approved the proposed site plan application; and
WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of
Public Hearing has received affidavits that the application has complied with the
notification provisions; and
WHEREAS, the applicant has requested an amendment to the Declaration of
Covenants and Restrictions, dated March 3, 1993, as a consequence of the Sale of the
Development Rights on Lots 1 - 6 of the Aliano subdivision in Peconic, which is
adjacent to the applicants parcel and this change in ownership caused the common
driveway and curb cut pertaining to Grace's Place (Lots 7& 8 of the subdivision) to be
relocated to provide direct access to the nursery school; and
WHEREAS, the amendment to the Declaration of Covenants and Restrictions was
approved by the Southold Town Planning Board on September 9, 2002; and
WHEREAS, as acondition of final site plan approval, the amended Declaration of
Covenants and Restrictions must be recorded in the County Clerk's Office and the liber
and page number of the recorded document must be noted on the deeds for Lots 7 & 8;
and
WHEREAS, an additional Declaration of Covenants and Restrictions pertaining to the
Grace's Place Site Plan (Lots 7 and 8) was offered by the applicant to further restrict
operational elements of the nursery school proposed for the site and these have been
accepted by the Southold Town Planning Board as a condition of final site plan
approval, and must be noted on the final site plan; BE IT THEREFORE
RESOLVED, that the Southold Town Planning Board grant final approval on the site
plan, dated April 20, 2001 and last revised August 25, 2002, and authorize the
Chairman to endorse the final site plan, subject to the following conditions, which must
be met prior to the issuance of any building permits:
1. Recording of the amended Declaration of Covenants and Restrictions
pertaining to the access to Lots 7 & 8 (SCTM# 1000-74-4-4.7 & 4.8).
Grace's Place - Paqe Three - 9/10/02
2. Recording of the second set of Declaration of Covenants and Restrictions
pertaining to the use of Grace's Place site (SCTM#1000-74-4-4.7), and noted
on the final site plan.
3. Notation of the liber and page number of recorded Declaration of Covenants
and Restrictions on the final site plan.
Enclosed please find copies of the approved site plan, one for your records and one to
be submitted to the Building Department when you apply for a building permit.
Please contact this office if you have any questions regarding the above.
Very truly yours,
Bennett Orlowski Jr. ¢~. ~¢/
Chairman
encl.
CC:
Tax Assessors
Building Department
APPEALS BOARD MEMBERS
Gerard E Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Homing
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
FINDINGS AND DETERMINATION
REGULAR MEETING OF JULY 19, 2001
Appl. No. 4969 _
Applicant: NYS Federation of Processors & Growers, Inc. (N. AIiano, Owner)
Street Address: $1800 and 31040 C.R. 48 (a/k/a Middle Road or North Road). Peconie
Zone District: A-C Agricultural-Conservation Parcel: 1000-74-4-4.7 and 4.8
Date of Public Hearing: July 12, 2001
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: Applicant-N.Y.S. Federation of Procegsors and Growers, Inc.
is the prospective purchaser of land proposing to build a Nursery School Facility. The property
contains 4.5 acres with access off the southerly side of County Road 48 in Peconic, property
referred to as Lots 7 and 8, combined as one lot, on the Minor Subdivision Map of N. Aliano.
APPLICANT'S REQUEST/BASIS OF APPLICATION: The Applicant is requesting a Special Exception
under Article III, Section 100-31, subsection B(4) of the Southold Town Zoning Code for a
nursery school facility. The number of students at the Nurser,/ School is proposed for a
maximum of 76 students. Details of the layout of the site are more particularly shown on Site
and Construction Plans prepared by Ricardo E. Campos dated 6-15-01, for "Grace's Place Day
Care Center." All parking and screening will be determined by the Southold Town Planning Board
as provided under the Zoning Code site plan regulations.
STANDARDS/REASONS FOR BOARD ACTION: After review of the requirements set forth
pursuant to Chapter 100 governing a Nursery School Use by Special Exception review, and on the
basis of testimony presented and personal inspection, the Board finds:
Nursery schools are permitted in this A-C Agricultural-Conservation Zone District under
Section 100-31B(4) of the Town Zoning Code, subject to special exception authorization of
the Zoning Board of Appeals. In this review the Board determines that the proposed Nursery
School Use is in harmony with the zoning ordinance and will not adversely affect the
neighborhood if such requirements are met.
2. The proposed Nursery School complies with the lot size provisions of the Zoning Code. This
building and facility will be located on 4.5 acres of land.
In addition, the Board has reviewed the General Standards governing Special Exception uses
Page 2 - Appl, No. SE-~9~
Grace's Place Nursery School
Decision Rendered 7/19/01
set forth in Section J. 00-263 and finds that:
A) This Nurser,/School will not prevent the orderly and reasonable in this Residential
Zone Dtstrict and adjacent districts. The adjacent property to the east are business (retail sales),
and to the south and west are agricultural areas.
B) :l'his use will not prevent orderly and reasonable use of permitted or legally established
uses in the district wherein the proposed use is to be located or of permitted or legally
established uses in adjacent use districts.
C) 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 with regarding to 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 Nursery School use is encouraged and allowed by Special
Exception approval from the Board of Appeals.
C. The location of the proposed Nursery School 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 materials incidental thereto will not give off obnoxious gases, odors, smoke or
soot.
Page 3 - Appl. No,
Grafe's Place Nursery School
Decision Rendered 7/19/01
F. The use will not cause disturbing emissions of electrical discharges, dust, light, vibration or
noise.
G. The operation of a nursery school facility 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. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles
incidental to the use and whether such space is reasonably adequate and appropriate and can be
furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the
use shall be located, and by approval of the Southold Town Planning Board under the site plan
regulations.
]. 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 normal activities of a nursery school.
.1. The use and the building location will not cause an overcrowding of land or undue
concentration of population.
K. The plot area is sufficient, appropriate and adequate for this nursery school/day care center
use.
L. The use to be operated is not unreasonably near to a church, school, theater, recreational area
or other place of public assembly.
M. The site is particularly suitable for a nursery school considering its size and character of the
neighborhood.
N. No 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 - Appl. No..c
Grate's Place Nursery School
Decision Rendered 7/].9/0].
RESOLUTION/ACTION; On motion by Member Dinizio, seconded by Member Tortora, it was
RESOLVED, to GRANT the application, as applied for.
Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins. (Absent
was Member Homing, of Fishers Island). This Resolution was duly adopted (4-0).
//¢~e~ard P. Goehringer
~/,/ Chairman
PLANNING BOARD
BENNETT ORLOWSI~I, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L EDWARDS
GEORGE RITCHIE LATHA~M, JR.
RICHARD CAGGIANO
P.O. Box 1179
Town Hall, 53095 State Route 25
Southold, Ne~v York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination Non-Significant
April 8, 2002
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to
Article 8 (State Environmental Quality Review Act) of the Environmental Law.
The Southold Town Planning Board, as lead agency, has determined that the proposed
action described below will not have a significant effect on the environment and a Draft
Environmental Impact Statement will not be prepared.
Name of Action: Proposed site plan for Grace's Place Day Care Center
SCTM#:
1000-74-4-4.7 & 4.8
Location:
County Road 48, Peconic
SEQR Status: Type I ( )
Unlisted (X)
Conditioned Negative Declaration:
Yes ( )
No (X)
Description of Action: To construct a 7,000 sq. ft. nursery school on a 4.6 acre parcel
in Peconic (Rt. 48) in an Agricultural Conservation Zone.
Reasons Supporting This Determination:
The applicant has received a Special Exception for a nursery school for up to 76
students in an A-C Zone.
An Environmental Assessment Form has been submitted and reviewed, and it was
determined that no significant adverse effects to the environment were likely to occur
should the project be implemented as planned.
SEQR Neqative Declaration - Paqe Twe
There has not been any correspondence received from the Department of Health
Services Office in the allotted time. Therefore, it is assumed that there are no
comments or objections from that agency.
There has not been any correspondence received from the New York State Department
of Environmental Conservation in the allotted time. Therefore, it is assumed that there
are no comments or objections from that agency.
The applicant will have to comply with the requirements of the Suffolk County Sanitary
Code (SCSC) and all relevant standards of water supply and sewage disposal systems.
Design and flow specification, subsurface soil conditions and site plan details will have
to be approved by the Suffolk County Department of Health Services (SCDHS). This
impact is not considered significant due to the anticipated project compliance with
established requirements of the SOSC and the SCDHS and the required relevant
permits.
For Further Information:
Contact Person: Victor L'Eplattenier
Address: Planning Board
Telephone Number: (631)765-1938
CC;
Roger Evans, DEC Stony Brook
Suffolk County Dept. of Health
Suffolk County Planning Commission
Suffolk County Water Authority
NYS Dept. of Transportation
Elizabeth Neville, Town Clerk
Building Department
Applicant
TOWN OF SOUTHOLD
BUILDING ~}EPARTMENT
TOWN ItALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
www. nor thfork.net/Southold/
Examined ,20.__
Approved ., 20
Disapproved
Expiration ,20
PERMIT NO.
BUILDINeRMIT APPLICATION CHECKLIST
Do you have or need the following, before applying?
Board of Health
3 sets of Buildthg Plans
Planning Board approval
Survey
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Contact:
Mail to:
Phone:
Building Inspector
APPLICATION FOR BUILDING PERMIT
Date September 26 ,2002
INSTRUCTIONS
a. Tkis application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3
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 tiffs 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
shall 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
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance 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
addition 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
Building Zone Ordinance of the Town of Southold,:Suffolk County,~New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections.
NYS Federation of Growers' & Processors'
(Signature of applicant or name, if a corporation)
Associations, Inc.
c/o James F. Matthews, Esq.
(Mailing address of applicant)
191 New York Avenue
State whether applicant is owner, lessee, agent, architect, engineer, Hun in n NY 11743
gener~co~rr~c(or, elech:ic~an, plumber or builder
Name 0f0wnerofpremises NYS Federation of Growers' & Processors' Associations, Inc.
(As on the tax roll or latest deed)
If applic~t, isa corpqration, signature of duly authorized officer
(1'4 and title of corporate officer)
Nm~a Maggie M. Evans, Executive Director
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
Location of land on which proposed work will be done:
s/s of County Road 48t West of Henry's Yanet Peconic
House Number Street
Hamlet
CountyTax Map No. 1000 Section 74
Subdivision Major Subdivision mad~ for
OName)Nicholas Aliano
Block 4 Lot 4.7 &4.8
Filed Map No. 9417 Lot
2. State existing use and occupancy~remises and inteeded use and occup2of proposed construction:
a. Existing use and occupancy Vacant ~and *.
b. Intended use and occupancy Nursery School; 7,000 square foot buildinq
Nature of work (check which applicable): New Building
Repair Removal Demolition
Estimated Cost $950,000
If dwelling, number of dwelling units
If garage, number of cars
X Addition Alteration
Other Work
(Description)
Fee $2,000
(To be paid on filing this application)
Number of dwelling units on each floor
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. Nurser,/ School
7. Dimensions of existing structures, if any: Front
Height. Number of Stories
Rear Depth
Dimensions of same structure with alterations or additions: Front
Depth Height
8. Dimensions of entire new construction: Front 115' 5"
Height 16' Number of Stodes
9. Size oflot: Front 562' Rear 388'
ODe
Number of Stories
Rear 115'5" _Depth
Depth 495'
Rear
60'
(4.59 acres)
10. Date of Purchase October 2001 Name of Former Owner Nicholas Aliano
11. Zone or use district in which premises are situated R-80 (AC)
12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO x
13. Will lot be re-graded? YES NO X Will excess fill be removed from premises? YES __ NO X
NYS Federation of Schenectady, NY 12304
14. NamesofOwnerofpremises Growers' & Proc. Address 1576 State St. PhoneNo.,(518) 346-6447
Name ofArc~dtect P~cardo Campos Address7 Fire Island Ave~ Phone No ( 631 ) 893-1875
Name 0fContractor RAVCO Construction AddressB50 Washinqton Av~PhoneNo. (631) 952-2666
#Babylon, NY @Brentwood NY 11717
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__NO X * 1F YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet ora 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.
STATE OF NEW YORK)
COUNTY OF~
Maggie M. Evans being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(S)Heisthe Executive Director of NYS Federation of Growers' & Processors'Associations, Inc.
(Contractor, Agent, Corporate Officer, etc.)
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.
SwDrn,to before me this / , -.
~.? dayof ~-,~c.) 20 ~/.2
- Notary Pub'I'i'z c
.,~rol A. Preston
NOTARY pUBlIC
~a~ae of N*w Yo~
,,utica in ~ ,
To: Michael Vorlty F~: 765-9502
From: Jim Met~hew~ [l~a~: 2/27/200~
I~: Graco',, Place ~; 3
CO: Oreg Yakaboski, Town Attornoy
A. tt~hed is a letter t~ Mike Verity with copy m Town Attorney..
Sincerely,
Jim Matthews
James lt. Mntthews
P~tr[tb Loftus Matthews
Matthews & Matthews
Attorneys At Law
191 New York Avenue
Huntington, New York 11743
631.673.7555
FAX 631-42~-7030
Februar~ 27, 2003
Fax ~nd Regular Mall to:
Michel Verity
Building inspe~o~
Town of Southold
Southold, New York 11971
Re: Orace's Place
Sou*hold, New York
On February 24, 2003, w~ hand delivered to your office a complete set of building plans
for the above noted project, revised in accordance with your comments to Mr. Haft, our
consultant. We believe these plans comport in all respects to the building code and l]fe safety
requirements. However, if you believe they should be fm'ther revised, then plcese advise Mr.
Haft, who will be contacting you directly, and we will promptly respond to your concerns.
Once building code and life safety issues have been resolved and the plans are complete,
we respectfully request that you issue the applied for building permit. At our meeting on January
9, 2003 with you and the Town Attorney, we also discussed the zoning issue regarding the use of
the premises. We sta~d then and affum now that our use will be that as authorized by the
special use permit approved by the Zoning Board of Appeals. We do not intend to operate in any
manner that was not authorized by the Zoning Board.
Since we applied for and received the special use permit from the Zoning Board,
acknowledged and accepted by the Planning Board in their site plan review, wc respectfully
submit that you are likewise without jurisdiction to challenge the Zoning Board's use
detennirmtlon, just as the Planning Board was. Onco we have submittal plans that satisfy the
building code and lite safety issues, we are legally entitled to the building permit. Thereafter,
once we have constructed and occupied the building, it'any issue arises as to our compliance with
the special usc permit, that is a code enforcement issue.
Notwithstanding the foregoing, at our meeting we submitted materials including an
extensive curriculum which we believe demonstrates beyond question that wc arc an organized
instructional facility for five or more children under six years of age. There are no sleeping
facilities nor are any required. Thus, we meet thc deflation of"nursery school" under the
Southold Town Code. That we are a full-day nursery school does not chan~c anything as your
code does not specify any restrictions on hours of operation. Furthen'nore, the special use permit
does not ~llmit or restrict our hours of operation. The Zoning Board clearly had the legal authority
to restrict our hours of operation but chose not to do so. That determination is final and binding.
Finally, once we have satisfied the buildin~ code and life safety issues and you still will
not issue the building permit, then we are eutifled to receive a letter of denial specifying your
reasons, We were advised by the Town Attorney that we would get either the building permit or
the letter or'denial, as you may determine. As I have sta*~! previously, we are prepared to
address all of the building code and life safety issues and IVir. Haffwill contact you to determine
if there arc any fresher issues that would call for further revisions to the plans.
Thank you for your attention to these matters.
,IFM:co
Very truly yours,
Oregoty F. Yakaboski
Town A~omey
2
GENERAL BUILDING CONSTRUCTION CHECKLIST
AGRIBUSINESS CHILD DEVELOPMENT CORP.
GRACES PLACE, Day Care Center
Route 48 Middle Road, Southold, NY.
TYPE OF WORK: New Building Construction ..~ .m~
ARCHITECT: Rick Campos 1EA. ~ ~ '" DATE: June 8, 2002
t
1) Occupancy Proposed: C6.2 -(-~y Care Cen~ with children under 3 years of age. -
2) Constru,tiou Type: 4b Ordinary -~ Masonry ~i~walls (2hfs) & ...structural elements
generally are not required to be protectl~L~lor_ha~any specific fir~-resistanee rating, except
where a specific requirement for the protection of exit enclosures and fin'st floor by fire~resistive
materials is established.
3) Fire Area: Tables 705:4,000 sf(In lieu of automatic sprinkler system, a building used as a day
care, in which ea. Level has at least two exists leading directly to the exterior, shall be
permitted to have a fire & smoke detecting system (see 1060.3).
Height: (1) story - "un": Actual = one story 23' high
Exterior walls: 2 hr
Interior Fire walls: 2hr (Actual = Kitchen & Utilities - walls & ceilings 2 hr construction)
Interior Bearing walls & partitions: "c" - combustible
Columns, beams & Girders supporting a roof: "e" - combustible, Actual = wood trusses
Floor construction: "c', Actual = concrete slab
Roof construction: "c9" - combustible (3/4hr in groups c3.2,c3.3,c4.2 and c4.3 -N/A)
Bnsie Area -: 4,000 sf.
Sprinkler Increase- 705.5c (N/A)
Increase Fire Are~a;..7~:~=~(b~ Accessibility: Building having frontage on one street or legal
open space at l~f building faces or abuts such sweets or legal spaces on two sides
increase 50%, (3) s~ %75%, (4) sides 100%...provided such sweet or op[en space is served
by fire hydrants and the roadways are maintained clear, unobstructed & ;accessible at all times _
for fire .fi~tin~ eauinment~
Actual = 'to neare~l~. Hyd_.~rnn~.~ncrense area to 8,000 sf. (building = 7,000 sf.)
4) Space Requirements ~--~/ ~ ..~.~~~
Ceiling Height - 762.3: Actual = 9' h ceilings
5) Light & Ventilation - 763
7a) Exits
Number - 765.8: Actual -- Main corridor (3 exits) + one exit door per classroom & Kitchen
_ ~ Units of Exit Width: Tb V - 765: (3) 44" Main ExteriorAl~o. rs (Front 8j~or ends)
~a~.,zs,¢~, ' Distance of Travel - Tb VI - 765:c6.2 (unsprinkleredl(~00~z)Actualt~68' !~Jax. Length
7 Floor. area/.p, erperson:VII-765-~person(7,000¥-D'(6=4~ ~ ( /
t://~ Corridor w~dth- TbI- 7~'J~~n width 60", Actual(~ ivide (72')~J ~ ~
GRAC~ ~,ACE, Day Care Center
Door Width - Tb VIII - 76~j~2 80 persons / 2T' door widt~ ,,
Existing Doors - 1233.4~t min), Actual 6'8" interior, 7 -0 exterior
Smoke Stops - 765.2a- CO 150 feet intervals. Actual building length 116'
Opening Protectives - Tb III - 771 (kitchen ceilin~/walls 1 ½ hr protective for 2 hr walls)
Panic Hardware - 765.$a4, Actual -- Available at all exit doors
Door Alarms - 1060.9a (N/A)
8) Safety Glazing - 766.1 at exit full ht glass doors.
Passageways - 768.1
Malls - 768.2
12) Exterior Fire Spread - Part 770
Distance Separation - Tb I - 770
Construction Li~70.2c &d
~)dule (flame spread rating)
13) Interior Fire Spread - Part 771
Fire separation - Tb Il - 771
Zoned System - 1060.2a5
Battery Back up - 1060.2dl
Pull Box travel - Tb I - 1060
Fire Dept. Connection - 774. lb
774.3
Yard Hydrants - 774.6
Auto Vent Alarm - 774.8
Coordinated Fire Safety - 774.9
14) SPECIAL HAZARDS
Areas of Public Assembly (N/A)
Fire & Smoke Det. - 791
Sprinkler System - 792
Gas Pumps - 774.10 & 1231.3e (N/A)
Emergency Ventilation - 1004.2f
Fan Shutdown - 1004.2e
Exhaust Hood System- 1064.2b
GRACES PLACE, Day Care Center
15) Design Loads
Snow - 803.3
Floor - Tb III - 803(N/A)
Wind - Tb V - 803, Hurricane clips (See section)
Tb VI - 803
16) Accessibility - A117.1 - 92
Exterior Facilities - 1101.1
Interior Routes - 1101.3
Interior Elements - 1101.4
Areas of Refuge - 1101.5c (N/A)
Assembly Space - 1101.6 (N/A)
Specific Occupancies - 1102 (N/A)
~PLANNING BOARD MEMB~
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD CAGGIANO
P.O. Box 1179
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
April 9, 2002
Mr. Frank Murphy
c/o Century 21
P.O. Box 2
1146 Route 25
gamesport, NY 11947
Re;
Proposed Site Plan for Grace's Place
Located on CR 48, Peconic
SCTM#1000-74-4-4.7 & 4.8 Zone: A-C
Dear Mr. Murphy:
The following resolutions were adopted by the Southold Town Planning Board at a meeting held
on Monday, April 8, 2002:
15b I I RESOLVED tl~at the ~5outhold ] own pianning Board, acting under the State
Environmental Quality Review Act, establishes itself as lead agency, and as lead agency,
makes a determination of non-significance and grants a Negative Declaration; and
BE IT FURTHER RESOLVED that the Southold Town Planning Board set Monday, May 13,
2002, at 6:15 p.m. for a public hearing on the maps dated January 15, 2002.
Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the
town's notification procedure. The notification form is enclosed for your use. The sign and the
post will need to be picked up at the Planning Board office, Southold town Hall. Please return
the enclosed Affidavit of Posting, proof of certified mailing, and the signed green return
receipts from the certified mailings on the day of the public hearing before 4:00 p.m. The
sign and the post need to be returned to the Planning Board office after the public
hearing.
Enclosed please find a copy of the Negative Declaration for your records.
Please contact this office if you have any questions regarding the above.
Very truly yours ....
Bennett Orlowski, Jr.
Chairman
encl.
facsimile transmittal
& MATTHEWS, ESQS.
191 New York Avenue
Huntington, New York 11743
631-673-7555
F~x 631425 ~7030
Cell 516446-2881
To: Alan Pfeiffer Fax: 518-473-9028
Re: Gracc's Place Pa~: 5
CC:
Per Maggie Evans' instructions, attached please find the special use permit.
Please advise if you require anything further.
J im"l~dl~ws
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971-0959
Fax (631) 765-1823
Telephone (631) 765-1802
MEMORANDUM
BUILDING DEPARTMENT
TOWN OF SOUTHOLD
TO: Bennett Orlowski, Planning Board Chairman
FROM: Michael J. Verity, Building Department
DATE: September 6, 2002
REQUIREMENTS FOR SITE PLAN ELEMENTS & CERTIFICATION
Project: Grace's Place Day Care
Location: 31040 County Route 48, Peconic
SCTM# 1000 - Section 74 - Block 4- Lot 4.~9
Date: May 9, 2001 Revised Date: August 29, 2002
1. ALL BUILDINGS AND USES SHALL COMPLY WITH CHAPTERS 45 AND
100 OF THE SOUTHOLD TOWN CODE.
2. OFF STREET PARKING BY AUTHORITY OF THE PLANNING BOARD.
3. ALL FENCING, SCREENING AND LANDSCAPING BY AUTHORITY OF
THE PLANNING BOARD.
4. THE PROPOSED USE Nursery School IS/ARE A PERMITTED USE BY
SPECIAL EXCEPTION BY THE BOARD OF APPEALS, IN THIS AC
DISTRICT AND IS SO CERTII~IED. * SEE SPECIAL EXCEPTION # 4969-
NYS FEDERATION OF PROCESSORS AND GROWERS, [NC (N. ALIANO,
OWNER).
* Certification based on Nursery School use only.
** Certification subject to curb cut approval.
Michael J. Verity
Principal Building Inspector
BUILDING PERMIT EXAMINER CHECK LI
SCTM# DISTPdCf: L000, SECTION: ~/'~ , BLOCK: '~' , LOT:~ '~,~
DATE REVIEWED: I~ /~_
DATE SUBMITTED: q ~
SUBDIVISION:
STREET ADDRESS: ~1(~10 C~14~ CITY
PROJECTDESCR~TION: O~n ~t~iU~
EST~ATED PROJECT COST ~C ~T/ENG~ER:
S~GLE & SEP~TE CERTWlCATION-REQ~D? ~ NOTES:
LOTS40,000SF-100-2~ ~trccogniticn(CRIEATEDbeforeJune30,1983}~UNDERS[ZEDLOTSFROM JAN,1997 100 25 Me~ger(Anonconformingatanytimeafle
FAST TP,-A. CK?~,~
ZONING DISTRICT: ,AC __ CONFORMING? ylj~
REQ. LOT SIZE:~e?~,C.,D ACT. LOT SIZE: ~t~. R.EQ. LOT COV. o~o ACT. LOT COV.
REQ. FRONT ~O~__ PROP. FRONT~t ~"-O REQ SDE ,...~o/qW ACT. S1DE~?I,tO h. :~$"
REQ. REAR q,~ PROP. REAR ,=ae>o REQ. HI2IGHT _ PROP. HEI'GHSF _
WATER FRONT?
PANEL #:
FLOOD ZONE:
DESCRIPTION:
APPROVALS REQUIRED
SUFFOLK COUNTY HEALTH DEPT: '~r NO, (BED #):
TOWN SEPTIC RECEIPT: Y or N
NEW YORK STATE DEC: m~f)Ecgn/vs YES or~-.
SOUTHOLD TOWN TRUST~ YES or,..~)
TOWN ZONING BOARD APPROVAL: YES
TOWN PLAN. BOARD APPROVAl,: ~____~or N/O
TOWN HISTORICAL PRE (SPLIA): Y~S
ClO-ol -0011
/Z/ ~. PERMIT#.'iK~-
NYS ENERGY: YES OR NO :
EGRESS (18 H min.? 4 sq total) VENT (SQ. FT. x 4%)
BUll,DING PERMITS OPEN/EXPIRED: BP -Z / C/0 Z-
HAVE PRE CO'S: Y OR N BP -Z / C/0 Z-
NOTES:
LIGHT (SQ. FT. x 8%)_
FEE STRUCTURE: FOUNDATION: SF
FIRST FI.OOR: SF
SECOND FLOOR: SF
OTHEk: SF
TOTAL:
INIT OTHER TOTAL
FEE FEE FEE
+$ oOoo ~$ ~
2. ( SF)- ( SF)= SF X $ =$ +$ +$ = $
Town Of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 05/05/03
Transaction(s):
Application Fees
Receipt~:
1887
Subtotal
$400.00
Check#: 1887
Total Paid:
$400.00
Name:
Clerk ID:
NYS, Federation Of Processors & Growers
C/o James F. Matthews Esq
191 New York Ave
Huntington, NY 11743
LINDAC
Internal ID: 74385
I I
NOTICE
/
OF SUFFOLK
Red Property Tox Service
6
7.OA(c)
SOUTHOLD
SECTION NO
O?4