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HomeMy WebLinkAbout6369 % ~outh Side Rte. 25, Mattituck 3/20/80 D,appro~al of insuff, area and width of parc~ to be ~stabl~shed ina pro~d g%fod~vf~to~', ~n~ for permission to relnstmte_preexis~ting nonc~nforming sideyard setback, and for approval of access. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road IZO. Box l 179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 10, 2010 ZBA File #6369 NAME OF APPLICANT: Unexcelled LLC PROPERTY LOCATION: 10300 NYS Route 25, Mattituck NY 11952 SCTM#1000-143-3-33.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 2, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PLANNING BOARD: This application was referred to the Planning Board for comments. On March 2, 2010, the Planning Board responded with a recommendation of approval of the variances requested. PROPERTY FACTS/DESCRIPTION: This property contains 2.58 acres with 197.06 feet along NYS Route 25, 686.02 feet along the eastern property line, 266.30 along the southern property line and 516.30 along the western property line. It is improved with a one-story wood framed building. BASIS OF APPLICATION: Request for Variance from Code Section 280-85 (D)7 and 280-86C based on an application for building permit for freestanding and directional signs, and the Building Inspector's January 7, 2010 Notice of Disapproval concerning construction of signs, 1) sign exceeding more than the code required 24 sq. fi., 2) more than the code required maximum of two signs in a "B" Zone. RELIEF REQUESTED: The applicant proposes to construct a sign that would be 25 square feet, where 24 square feet is permitted by code and four (4) directional signs where the code allows two signs total. The site plan shows a freestanding sign, a wall sign and four directional signs. ADDITIONAL INFORMATION: Photographs depicting standard signage at other locations was requested and received. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application May 20, 2010 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and Page 2- June 10, 2010 ZBA File#6369 - Unexcelled, LLC CTM: 1000-143-3-33.2 other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(l). Grant of the variance of will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's proposed use is consistent with the zoning of the property and granting a slightly (4.25%) larger freestanding sign and 4 additional directional signs will result in a beneficial use of this property in harmony with the other business uses already existing in the surrounding neighborhood. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applic2nt to pursue, other than an ama variance. The applicant is part of a very large national bank, which utilizes a standard set of signs for all locations, granting a variance to allow the applicant to install their standard sign which is slightly larger than what the code allows. In addition, the Planning Board has approved the increase in the number of directional signs to allow better movement about the property. 3. Town Law §267-b(3)(b?(3). The variance granted herein is not substantial. With respect to the freestanding sign the variance granted herein is minimal when compared to the many signs and uses in the immediate area. Additionally increasing the amount of directional signs is substantial (a 100% increase over the code allowed 2 signs), however, the public will be better served by the increased safety provided by the information they will provide. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The proposed new bank with accompanying signage is an allowable use in this Business (B) zoning district. Allowing for a slightly larger freestanding sign and four additional directional signs will have minimal impact on the neighborhood. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. In so far as the freestanding sign is of a standard size used by all of the corporation's locations the difficulty is self created. The addition of four more directional signs is the result of discussions with the Architectural Review Board and the Planning Board with respect to safety and appearance. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a freestanding sign, a wall sign and four directional signs, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the plan labeled elevations/main ID/channel letters, page 4, date stamped received by ZBA 1/27/10 and other signs, page 5, stamped received by ZBA 5/20/10 prepared by NW Sign Industries. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. 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. Page 3-June 10, 2010 ZBA File#6369 - Unexcelled, LLC CTM: 1000-143-3-33 2 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 Dinizio, Goehringer, PVeisman (Chairperson), Schneider. (Absent was: Member Homing) This Resolution was duly adopted (4-0). Leshe Kanes Wetsman, Chairperson Approved for filing ~ ////2010 ELEVATIONS / MAIN ID / CHANNEL LETTERS INDUSTRIES IDENTIFY WITH QUALITY NORTH ELEVATION ~ (BLACK LETTERS / BLUE OCTAGON) LNIC-BLK-24 N,IS. EAST EL EVATION N.'ES. Custom Monument - M-25-CUST SCALE: 1/4"= 1'-0' ¢,o1' ilium hated VARIi~N ~E REQUIRED SOUTH ELEVATION N.T, S7 WEST ELEVATION N.T,S. 14'-0 ¼" ~ 83/4-1 2-7½ i ~ t 10'-81/4" ,, , , t DIMENSIONAL LETTERS- LNIC-BLK-24 - ELEVATION SCALE: ¼"= 1'-0" FINAL MAP REVIEWED BY ZBA iEE DECISION # ~ DATED ~._~._. I/..~.~ !?/.~.._ CORPORATE OFFICE: 360 CRIDER AVENUE MOORES-f'O~,~¢N, NJ 08057 P - 856802 1677 F ~ 856 802 0412 OTHER SIGNS t'-5 7i8" 3/8" SIDE A SIDE B SIDE A SIDE B NDUSTRIES IDENTIFY WITH QUALITY FINAL MAP REVIEWED BY ZBA SEE DECISION # ,,,.~ _¢,L~ DATED__.~/ *: ~3/ !¢ RECEIVED I~AY ~ 0 2010 .h DIRECTIONAL - D-5 SCALE: 3/4"= 1'-0" SIDEA DIRECTIONAL - D-5 SCALE: 3/4"= 1 f DIRECTIONAL . D-5 SCALE: 3/4"= 1'-0" I'-9" I~-5 7/8" ~1 3~8" I I SIDE B SIDEA SIDE B DIRECTIONAL - D-5 SCALE: 3/4"= 1'-0" BOARD OF APPEALS NOTES: SIGNATURE BAND: PAINTED TO MATCH MATTHEWS MP-19891 CHASE NICKEL, GLOSS FINISH OCTAGON: SURFACE APPLIED 3M 680~76 REFLECTIVE LIGHT BLUE VINYL 6HASE: SURFACEAPPLIED 3M 680-10 REFLECTIVE WHITE VINYL BOTT_OM ~QR~ ~!~N: .125 ALUM. BRAKEFORMED FACE: PAINTED TO MATCH MATTHEWS MP-18248 CHASE DARK NICKEL, GLOSS FINISH COPY & ARROWS: SURFACE APPLIED 3M 680-10 REFLECTIVE WHITE VINYL TYPEFACE: I 3/4" H - BLISS BOLD BEVELED RETURN: PAINTED TO MATCH MA~HEWS MP-00366 CHASE BLUE, SEMI-GLOSS FINISH CORPORATE OFFICE: 360 CRIDER AVENUE tfiOORESTOWN, NJ 08057 P - 856 802 1677 F - 856 802 04f2 FORM NO. 3 NOTICE OF DISAPPROVAL r Date: January7, 2010 TO: Gibbon P.C. for Unexcelled LLC Att: J. Porter One Pennsylvania Plaza 37th Fl. NY, NY 10119-3701 Please take notice that your application dated December 21, 2009 For permit for construction of a freestanding sign & directional signs at Location of property t 0300 NYS Route 25, Mattituck, NY County Tax Map No. 1000 - Section 143 Block 3 Lot 33.2 Is returned herewith and disapproved on the following grounds: The proposed sign permits, located in the B Zone District is not permitted pursuant to Article XIX, Section 280~85(D) 7, which states: "Freestanding signs .... The sign shall be not more than 24 sq. fi., the upper edge of which may not extend more than 15' above the ground." The proposed sign is approximately 28 sq. fi. Per 280-86, C two signs are permitted per property in the B Zone. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To~ MEMORANDUM Leslie K. Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Martin H. Sidor, Chairman Members of the Planning Board Date: March 2, 2009 Re~ ZBA# 6369 - Chase Bank SCTM# 1000-143-3-33.2 The Planning Board received your request for comments regarding the above application for a proposed ground sign proposed at 28 sq.fl instead of the24 sq. fi. maximum located in the Business Zoning District. The above-mentioned application has been reviewed for site development and the following comments are for the Board's consideration: 1. The variance would not be deemed a substantial relaxation of the code. 2. The variance would not have an adverse effect on surrounding properties. 3. The variance would not cause a desirable change to the neighborhood. 4. The variance relief requested would be in keeping with the nature and the character. Based on the above-mentioned points, the Planning Board would recommend approval of the variance relief. We hope that the information provided to you is helpful. Should you have any questions or need additional information, please contact the Planning Department. Thank you. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING March 2, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Faga, Kevin & Jeanine Weingart, Bryan R. & Holly A. Unexcelled LLC Anello, Robert & Beth Southold Holding LLC Meskouris, Chris Hildebrand (Chrism) & Abrams (Jeff) Anderson (James & Ellis (Rosemary) 6367 6368 b369 6370 6371 6372 6373 6374 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. SOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 APPLICATION TO THE SOUTHOLD TOWN BOARD O~F APPEALS Fee: $ Office Notes: Filed By: For Office Use Only Date Assigned/Assignment No. House No. 10300 Street NYS Route 25 Hamlet Mattituck SCTM 1000 Section 143 Block 3 Lot(s). 33.2 Lot Size 2.586 acres Zone B & R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED January 7, 2010 BASED ON ?,fAF DATED December 2, 2009 SIGb0kGE pLANS Applicant(s)~'~): Unexcelled LLC - c/o David Schoenhaar, Esq. - Attorney for Owner MailingAddress: Ruskin Moscou Faltischek, P.C., East Tower, 15th Floor, 1425 RexCorp Plaza, Uniondale, NY 11556-1425 Telephone: (516)663-6588 Fax#: (516)663-6788 Email: dschoenhaar~rmfpc.com NOTE: In addition to the above, please complete below if application is signed by applicant's aUorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: for ( ) Owner, or (v) Other: Gibbons P.C. - Attn: Jennifer Porter, Esq., Attorney-in-Fact for At~01icant JPMor~an Chase Bank, N.A. Agent's Address: One Pennsylvania Plaza, 37th Floor, New York, NY 10119 Telephone (212) 613-2185 Fax #: (212) 554-9602 Email:jporter@gibbonslaw.com Please check box to specify who you wish correspondence to be mailed to, from the above names: E A0plicant/Owner(s), or ~ Authorized Representative, or Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED~'viAF DATED O~m~r2.2~9 AN APPLICATION DATED December 21,2000 FOR: 2 Building Permit E Certificate of Occupancy F Pre-Certificate of Occupancy .2 Change of Use _ Permit for As-Built Construction ,'lOther:, Sign Permit Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article~X!X- Section 280- 85 _ . Subsection D(7) and DENIED Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. 3 A Variance due to lack of access required by New York Town Law-Section 280-A. Interpretation of the Town Code, Article Section - Reversal or Other A prior appeal ~,' has, _ has not been made at any time with respect to this property, UNDER Appeal No. __ Year__. (Please be sure to research before completing this question or call our office for assistance.) No. 2674 Year 1980 (copy attached) No. 2744 Year 1980 (copy attached) No. 5764 Year 2007 (copy attached) Name of Owner: Unexcelled LLC ZBAFile# b~Vq REASONS FOR APPEAL (additional sheets mai, be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby orooerties if granted, because: See attached. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: See attached. (3) The amount of relief requested is not substantial because: See attached. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: See attached. (5) Has the alleged difficulty been self-created? (~lYes, or ( )No See attached. Are there Covenants and Restrictions concerning this land: Iv' No. I- Yes (olease furnish copF). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF/1 USE V.4RL4NCE IS BEING REQUESTED, AND PLE/ISE COMPLETE THE .4TT,4CHED USE V.4RL4NCE SHEET: (Please be sure to consultyour attorney.) Swornnto before me this d~ay of~t~0 ~) . ///~otary Public // ' / GASRIELLA SORAK Notary Pu0t~, State of New Jerley NO 2327933 Si~ature of Apl~llant dr Autb~ized Agent ( ent~g~submlt ~x~itten Authorization from Owner) Jennifer Porter, Esq. - Attorney-in-Fact for Applicant APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: dPMorclan Chase Bank. N.A. Date Prepared: 1/13/10 i. For Demolition of Existing Building Areas Please describe areas being removed: **Application is for one sian variance. II, New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): N/A ls basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: N/A III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A Number of FIoors sod Changes WITH Alterations: N/A IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: N/A Proposed increase of building coverage: N/A Square footage of your lot: N/A Percentage of coverage of your lot by building area: V. Purpose of New Construction: New Chase Branch Bank with associated improvements. **Application is for one sign vadance. VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code reQuircmentds): N/A - **Application is solely for relief in regards to one sign variance minimally exceeding code requirement by 1 (one) square foot as it relates to freestanding signs pursuant to Sec. 280-85.D.(7). Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes 0 No Are there any proposals to change or alter land contours? El No £ Yes, please explain on attached sheet. "u/^ - Application to ZBA is solely for relief in regards to a minimal sign variance 1) Are there areas that contain sand or wetland grasses? N/A 2) Are these areas shown on the map submitted with this application? N/A 3) Is the property bulkheaded between the wetlands area and the upland building area? N/A 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? N/A Please confirm status of your inquiry or application with the Trustees: N/A and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? N/A (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy o£¥our buildin~ ~ermit and map as approved b¥ the Buildimz Department and describe: N/^ Do you or any co-owner also own other land close to this parcel? No the proximity of your lands on your map with this application. If yes, please label and proposed ese proposed: Chase branch bank (examples: existing: single-family; proposed: same with garage or pool, or other description.) Author~ Signa~r'fi'r~)md[Date L ! Jen~r Pol;te~, Esq. - A'~orney-in-Fact for Applicant JPMorgan Chase Bank, N.A. Please list present use or operations conducted at this parcel existing: Single-family residential 2105;1/07 PROJECT LO. NUMSER 617.20 \ Appendix C State Environmental Q~allty Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR APPLICANT/SPONSOR JPMorgan Chase Bank, N.A. Chase Branch Bank 3. PROJECT LOCATION: Mun~=lpalSy Southold County Suffolk 10300 NYS Route 25 (Main Road), (Mattituck) Southold NY (East of Marlene Lane; across street from Mattituck Plaza) .... ,5, I$ PROPOSED ACTION: Remove existing one-story residential structure and replace with Chase branch bank and associated site improvements. Application to the ZBA is for a sign variance to allow a 25 sf freestanding sign where 24 sf sign area is permitted. 7, AMOUNT OF i.AND AFFECTED: I~,~a,y 1.69 =cron Ultlrnat,sy ...1.'69 asrss 8. WiLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESI'PJCTIONS? ' E NO if NS, dessrlbe briefS/ Action complies all zoning requirements but a sign variance is required to permit a monument style freestanding sign with 25 sf of ama (24 sf permitted) ' 9. WHAT IS PR~-qENT i. AND USE iN VICINITY OF PROJEGT? ~ Re$fl:leSllaJ -~ ]ndustflal ~ Commerci=l N AgriCulture [~ ParldForest/Opan sPace ~- Otlmr Mattituck Plaza, Waldbaums, Rite-Aid, Starbucks, Capital One, Poppy's Deli, Mattiuck Cinemas, Radioshack, Suffolk County National Bank, etc. 10. OOES AC/3ON INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR Ut.TIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY {FEDERAL, STATE OR LOCAl? ~'~ Ye~ [] NO If yes, Iisi igeeG'y(s) and parnMt/a/~rovil$ Site Plan and Subdivision approval from Southold Planning Board; Sign Variance approval from Southold Zoning Board of Appeals; Health approval from Suffolk County Health Dept.; Highway Access approval Eom NYSDOT 1 t. 0OEO ANY ASPECY OF THE ACTION HAVE A CURRENTLY VALID PERMIT on APPROVAL? ~ Yes C No If yes. II$! ieerlcy name and perrnlt/apprOVll Sketch and Conditional Preliminary Subdivision approval from Southold Planning Board 12.' A~ A RESULT OF PROPOSED AC?ION WILL EXISTING PERMIT/APPROVAL REOUIRE MODII~CA33ON? CERTIFY THAT THE INFORMATION PROVIDED AaOVE IS TRUE TO THE EE~T OF MY KNOWLEDGE Apl~l!c~nffsl~n~r name: Jennifer Porter, Esq. - Attorney-in-Fact for Applicant JPMorgan Chase Bank, N.A. Date: / Signature: ' ~ , (i', .... '"'"T~e action is in the Coastal Area, and you are a state agency, complete the Coasts Assessment Form befo~s,,preceed ng with this assessment OVER PART II--ENVIRONMENTAL ASSESSMENT ~o be c0mpleted by Agency) D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTAeLISHMENT OF A CE~? E. IS THERE. OR IS THERE LIKELY TO sE. CONTROVERSY RELATED TO PO'i'ENTIAL ADVERSE ENVIRONMENTAL IMPACTS? _i Yes [No If Yes. explain Drlelly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified aboVe, determine whether iris subslantial, I&rge, importaPt or otherwise significant. Each effect should be assessed in connection with its (al setting (i.e. urban or rural); (bi DrohaOillty O1 ooourring; (C) duration; (d) irreversibility; (e) geographic scope; and fl} magnitude. Ir necessary, add attachments or reference supporting materials. Ensure that exotanatians contain sulficlent detail to show that all relevant adverse impacts ha~e been ~entitted and adequately addressed. question O of Part ti wes checked yes, the 0eterminstlon and signilicance must evatuate the pOtential impact et the proposed action on the environmental characieristt(=s of the CEA. Check this box if you have identified one or more potentially large or significant adverse irfl'~?cts which MAY occur, Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box ti you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WiLL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: GIBBONS] January 26, 2010 BY FEDEX PRIORITY OVERNIGHT Leslie Kanes Weisman, Chairperson Town of Southold Zoning Board of Appeals Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold NY 11971 Re: JPMorgan Chase Bank, National Association Sign Variance Application 10300 Main Road (NYS Route 25) SCTM# 1000-143-3-33.2 Southold, NY JENNIFER M PORTER Associate GibbOns P C One Pennsylvania Plaza, 37th Floor New York, New York 10119-3701 Direct: {212) 613-2185 Fax: (212) 554-9502 jpocter ~gibt~'on slaw.com Admitted in NY, CT, NJ and PA Dear Chairperson Weisman and Members of the Zoning Board of Appeals: This firm represents JPMorgan Chase, N.A. ("Applicant") in the above-captioned matter. Applicant is seeking variance relief in connection with its proposed monument style freestanding sign which exceeds the permitted sign area requirement set forth in the Town of Southold Zoning Code § 280-85.D.(7) by one square foot (25 s.f. proposed; 24 s.f. permitted). In accordance with the above requested relief and the filing requirements of the Town, enclosed for filing please find eight (8) sets of the following documents which have been collated with the originals and filing fee on top: · Application Filing Fee in the amount of $600.00 by check number 99458 made payable to "Town of Southold"; · Application to the Southold Town Board of Appeals along with copies of Prior Appeals (#2674 (1980); #2744 (1980); #5764 (2007)); · Table of Variances dated January 26, 2010; · Written Submission in Support of Variance Application prepared by Gibbons P.C. dated January 26, 2010; · Notice of Disapproval from the Building Inspector dated January 7, 2010 and accompanying Building Permit Application Form; · Owner's Consent to Application; GIBBONS P.C. Leslie Kanes Weisman, Chairperson Town of Southold Zoning Board of Appeals January 26, 2010 Page 2 · Transactional Disclosure Form dated January 17, 2010; · Project Description Form; · Project Questionnaire Form; · Short Form EAF; · Statement that No Covenants and Restrictions have been Filed or Recorded; · Copy of Current Deed in Lieu of Town Property Card; · Statement as to Other Agency Applications; · LWRP Form; · Agricultural Data Statement (Not Applicable) · Survey prepared by Savik & Murray dated December 3, 2007; · Building Diagrams prepared by NW Sign Industries bearing Drawing Number 08- 414-7 consisting of the following: Elevations / Main ID / Channel Letters; o Engineering, and; o Photos prepared by NW Sign Industries and JRS Architect, P.C. We look forward to being scheduled for your first available public hearing date to present our application. Thank you and please do not hesitate to contact me if you have any questions. Very truly yours, organ Chase Bank, N.A. Enclosures #1468516 vl 107468-61874 ?.1 2009 BLDG. 0~1. TOWN OF S0YT~0t~ APPLICATION FOR SIGN PERMIT Date: 12/17/09 Application # SCTM # 1000- 143-3-33.2 Zone District: B & R-40 Fee: $75.00 per Sign $5o.00- Applying for Notice of Disapproval Directional TypeOfSign(s): Ground[v] Koof[ ] Wall[vi Other: Applicant: JPMorgan Chase Bank, N.A. c/o Jennifer Porter, Esq. Phone # 212-613-2185 Chase Branch Bank Business Name: 10300 NYS Route 25, Mattituck, NY Sign Property Location: Unexcelled, LLC cio David Schoenhaar Property Owner: The following items are required along with the completed application. (l) Survey or accurate plot plan showing location of existing and proposed sign(s), building width facing streets. (2) Colored drawings with sizes and types of material of proposed sign(s), or photos °f existing signs. Signs cannot be installed until the applicant receives a sign permit application approved and signed by the Building Inspector. After the sign(s) have been installed, the applicant shall request an inspection by the Building Inspector. If the sign(s) are in compliance, a sign permit will be issued and mailed to: N/A - Two variances are required from the ZBA. Please mail Letter of Disapproval from Building Department to: Attn: Jennifer Porter, Esq., Gibbons P.C. One Pennsylvania Plaza, 37ti3 Floor New York, New York 10119-3701 STATE OF b,I~41,;-Y. OR~) COUNTY OF ) { }Applicant {l~'}Agent for applicant, hereby agree to abide by the conditions and requirements of Article XX SIGNS of the Zoning Code of the Town of Southold and other applicable laws, rules and regulations pertaining to such signs. Sworn to before me this I ~'~ Jennifer Porter, Esq. -Attomey in Fact for Applicant dayof ~O,~n-~,~oC' ,2000] ~/~~_. .~,~ ~ Examined: 20 Approved: 20 Disapprov~ ~c: fG l/Z // o Building Inspector APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER andOWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The puroose of this form is to orovide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is nece$$ar,t' to avoid same. YOUR NAME:. Unexcelled LLC cio Roy John Schoenhaar, Mana[ler (Last name, first name, middle initial, unless you are applying in the name of mmeone 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 Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption lmm Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO ff' Compile the balance of this form end date and sign below where indicated. Name of person employed by the Town of Southold: N/A Title or position of that person: N/A 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 owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this [.]~dayof --~-~,~,.o.~"./ ~. SOlO Signature: Print Nam~ :-~oy aohn S~o*nhanr, Manao*r Owner: Unex~lled LEG Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS All applicants fbr permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended m supplement other infbrmation used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detaiI and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 143 -3 .33.2 The Application h~s been submitted to (check appropriate response): TownBoard [] PlanningOept. [-~ BuildingOept. [] BoardofTrustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital ~'] construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Subdivision and site plan approval to subdivide Lot 33.2 into proposed Lots 1 & 2 and removal of one story residential structure at site and replacement with a 4 200 square foot Chase branch bank with associated park ng, improved landscaping and other site related improvements, Location of action: 10300 Main Road, Mattituck (Southold), Suffolk County NY 11935 Site acreage: 2.586 acres Present land use: One stor,/residential structure Present zoning classification: B and R--40 Zoning Districts If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name &applicant: JPMoman Chase Bank, N.A. c/o Gibbons P.C. attn: Jennifer Porter, Escl. (b) Mailing address: One Pennsylvania Plaza. 37th Floor New York, New York 10119-3701 (c) Telephone number: Area Code t ~ (2121613-2185 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [~ If yes, which state or federal agency.*. NYSDOI DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section IH - Policies; Page 2 for evaluation criteria. [-~Yes [] No [] (Not Applicable- please explain) AoDlicant's development Dian will minimize adverse effects of development by Preservin¢~ eden sl~ace by maintainina a clear seearation between the hamlet centers and the countryside as well as minimize the impact on the surrounding residential properties. The DreDosal will also improve the visual oualih/of the site. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section HI - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] (Not Aoolicable- olease exolain] . The proposed site has no historical or archaeological resources and significance and the building will meet the reouirements of the ARC and the Planning Board. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of South.Id. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No ~] (Not applicable- please explain) Meets LWRP requirements by improving the visual quality of the site. Applicant will minimize the structural design components which would be discordant with existing natural scenic components and character and screen components which would detract from visual qt~a!!!_y. They will preserve as much of the existing vegetation as possible and introduce new vegetation tO enhance scenic quality. The structure will be edentad to preserve open space and provide visual organization. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III -Policies Pages 8 through 16 for evaluation criteria [-~ Yes ~] No [] (Not Applicable - please explain) The site is not located near a water body. Xttach additionaI sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [-~ Yes ~ NO [] (Not A,plicable - ,lease ex.lain) The development plan is consistent with the LWRP requirements and will control stormwater runoff to minimize the transportation of pollutants and r~ _ stabilization. In addition to using organic fertilizer to prevent any additional contamination to the existing site. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) The site is not located near any waterfront or in a wildlife habitat, Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) The project is consistent with LWRP requirements. ~ttach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] (Not Applicable- please explain) Applicant will reduce the amount of solid waste and increase recycling of materials to the greatest extent possible. They will prevent the discharge of solid wastes into the environment by maintaining a clean site and by carting it to a proper solid waste transfer facility. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No [] (Not Applicable - please explain) The site is not located near a water body. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependeat uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section HI - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No [] (Not applicable - please explain) The site is not located near a water body. Attach additional sheets if' necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. Sec LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No [] Not Applicable - please explain The site is not located near a water body. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes F~ No [] Not Applicable - please explain The site is not located in ag~cultural lands. At~ach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section IH - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [] Not Applicable - please explain Energy efficient lighting and water efficient plumbing fixtures will be utilized for this project. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS STATEMENT REGARDING OTHER AGENCY APPLICATIONS The Applicant, JPMorgan Chase Bank, N.A., is seeking a sign variance approval from Township of Southold Zoning Board of Appeals for property located at 10300 NYS Route 25, Southold NY and designated on the Suffolk County Tax Map as Section 143, Block 3, Lot 33.2 (the "Property"). The Applicant has previously applied to the Southold Planning Board for site plan and subdivision approval and has received sketch and conditional preliminary subdivision approval. Copies of the approving resolutions are attached. Applicant is in the process of obtaining site plan and final subdivision approval. Date: r Port'e~,J~sq. ' t~ in-Fac~ for JPMorgan Chase Bank, N.A. #1466336 vl 107468-61874 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 May12,2009 Mr. Jason Tuvel c/o Gibbons P.C. One Pennsylvania Plaza, 37~h Floor New York, NY 10119 Re: Proposed Standard Subdivision for Chase Bank, Mattituck Located approximately 120 feet east of Madene Lane, on the south side of NYS Route 25, a.k.a.10300 NYS Route 25, Mattituck SCTM#1000-143-3-33.2 Zoning Districts: B & R-40 Dear Mr. Tuvel: The Southold Town Planning Board, at a meeting held on Monday, May 11, 2009, adopted the following resolution: The preliminary public hearing was closed. WHEREAS, this proposal is to subdivide a 2.818 acre parcel into two lots where Lot 1 equals 49,262.82 sq. ft. in the B Zoning District and Lot 2 equals 63,480.41 sq. ft. in the R-40 Zoning District; and WHEREAS, an application for sketch approval was submitted on October 24, 2008, including a sketch plan prepared by Thomas K. Wicks, L.S., and Thomas E. Murray, P.E., dated July 11, 2008; and WHEREAS, the Southold Town Planning Board reviewed the plans at their November 17, 2008 Work Session; and WHEREAS, the Office of the Southold Town Engineer, on December 5, 2008, provided comments to the Planning Board on the proposed access to the site; and WHEREAS, at a meeting held on Monday, February 9, 2009, the Southold Town Planning Board acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as Lead Agency for this Unlisted Action and granted Sketch Approval upon the map entitled "Standard Subdivision of Chase Bank, Ma~ituck Page Two May12,2009 Chase Bank, Mattituck", dated July 11,2008 and last revised January 26, 2009, prepared by Thomas K. Wicks, L.S., and Thomas E. Murray, P.E.; therefore, be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617,'Section 617.7, as lead agency, grants a Negative Declaration for the proposed action. Enclosed please find a copy of the Negative Declaration for your records. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. very truly yours, Martin H. Sidor Chairperso~ Encl. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant May 11, 2009 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Tov~n Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 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 Standard Subdivision of Chase Bank SCTM#: SCTMs#1000-143-3-33.2 Location: 133' +/- east of Marlene Lane & NYS Route 25, Mattituck SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposal is to subdivide a 112,743.23 sq. ft. pamel (2.818 acres) into two lots where Lot 1 equals 49,262.82 sq. ft. in the B Zoning Distdct and Lot 2 equals 63,480.41 sq. ft. in the R-40 Zoning District, approximately 120 feet east of Marlene Lane, on the south side of NYS Route 25, in Mattituck, SCTM#1000-143-3- 33.2. Reasons Supporting This Determination: 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. Ne.qative Declaration Page Two May 11, 2009 The determination was based upon the following: 1. This Standard Subdivision is a split-zoned parcel proposed as two conforming lots, where proposed Lot 1 is zoned Business and proposed Lot 2 Residential - 40. No substantial adverse change in existing air quality, groundwater or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action if the proposed action is implemented as planned. Lot 1 is proposed for retail use that will require site plan review and approval from the Southold Town Planning Board and Lot 2 is proposed for a single-family dwelling. Through site plan review on Lot 1, issues of drainage and erosion control will be addressed. Lot 2 will allow the construction of only one single family residence. Both projects will require septic systems to be approved by the Suffolk County Health department. The lots conform to the minimum lot size required by Article VI of the Suffolk County Sanitary Code and will not be expected to cause a significant adverse impact to groundwater quality. Lot 2 will be for a single retail use and not expected to cause significant increases in traffic or noise. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur. The parcel to be subdivided is located is largely surrounded by existing development, both commercial and residential, and the remnants of natural habitat on the property (only 2.8 acres in size) are not significant. 4. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. The proposed action will not significantly impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. The subdivision as proposed will be more in keeping with the surrounding land uses having similar type retail uses on either side of Lot i and across the street a shopping center. Lot 2 is proposed behind Lot 1 approximately 250 feet back from the State Right-of Way and zoned R-40 and will be set back behind Lot 1 having approximately a 75 foot transitional buffer area from residential uses nearby. 6. No major change in the use of either the quantity or type of energy will occur. Negative Declaration Page Three May11,2009 7. No creation of a hazard to human health will occur. 8. The proposed action will nOt cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. The property is located along State Road 25 where Lot 1 is zoned Business and has a pre-existing single-family dwelling. As proposed Lot 1 will remain a business use and Lot 2 zoned for a residential use is proposed for one single-family dwelling. For Further Information: Contact Person: Kristy Winser, Senior Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 PLANNING BOARD MEMBERS MARTI~ H. SIDOR Chair INILLIA}~ J. CREMEI~Cl KENNETH b EDWARDS DONALD J. WILCENSKi JOSEPH L. TOWNSEND January 12,2010 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Jennifer Porter, Esq. do Gibbons P.C. One Pennsylvania Plaza, 37th Floor New York, NY 10019 MAILING ADDPJESS: P.O. Box 1179 Sou~hold, NY 11971 OFFICE LOCA3~ION: Town Hall Annex 54375 State Route 25 (c~r. Main Rd. & Young~ Ave.) Southold, NY Re: Conditional Preliminary Plat Approval: Proposed Standard Subdivision for Chase Bank, Mattituck Located approximately 120 feet east of Marlene Lane, on the south side of NYS Route 25, a.k.a.10300 NYS Route 25, Mattituck SCTM#1000-143-3-33.2 Zoning Districts: B & R-40 Dear Ms. Porter: The Southold Town Planning Board, at a meeting held on Monday, January 11, 2010, adopted the following resolution: WHEREAS, on October 24, 2008, an application for sketch approval including a sketch plan prepared by Thomas K. Wicks, L.S., and Thomas E. Murray, P.E., dated July 11, 2008, was submitted to subdivide a 2.818-acre parcel into two lots where Lot 1 equals 49,262.82 sq. ft. in the B Zoning District and having a 25 foot transitional buffer in the R- 40 Zoning District in connection with a proposed site plan for a bank use and Lot 2 equals 63,480.41 sq. ft. in the R-40 Zoning District; and WHEREAS, the Southold Town Planning Board reviewed the plans at their November 17, 2008 Work Session; and WHEREAS, the Office of the Southold Town Engineer, on December 5, 2008, provided comments to the Planning Board on the proposed access to the site; and WHEREAS, at a meeting held on Monday, February 9, 2009, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as Lead Agency for this Unlisted Action and granted Sketch Approval upon the map entitled "Standard Subdivision of Chase Bank, Mattituck PaRe Two · Januaw 12,2010 Chase Bank, Mattituck", dated July 11, 2008 and last revised January 26, 2009, prepared by Thomas K. Wicks, L.S., and Thomas E. Murray, P.E.; and WHEREAS, on April 2, 2009, an application and fee for preliminary plat approval was submitted, six (6) copies of the Draft Declaration of Covenants and Restrictions including the preliminary plat prepared by Thomas K. Wicks, L.S., and Thomas E. Murray, P.E., dated July 11, 2007 and last revised January 29, 2009; and WHEREAS, on May 11, 2009, a preliminary public hearing was held and the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, as lead agency, granted a Negative Declaration for the proposed action; and WHEREAS, on August 4, 2009, the Southold Town Planning Board referred the application as a combined referral in connection to a site plan application for Lot 1 pursuant to Southold Town Code §280-131 C. & §240~12 distributed the application to agencies having jurisdiction for their comments, and the following agencies responded: Town Engineer, Suffolk County Planning Commission, NYS Office of Parks, Recreation and Historic Preservation, & the Mattituck Fire Commissioners; and WHEREAS, the comments from those agencies referenced above were received and accepted by the Planning Board, discussed with the applicant, and incorporated into the site plan to the satisfaction of the Planning Board; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Conditional Preliminary Plat Approval upon the map entitled "Standard Subdivision of Chase Bank, Mattituck", dated July 11, 2008 and last revised January 26, 2009, prepared by Thomas K. Wicks, L.S., and Thomas E. Murray, P.E., subject to the following conditions: Submission of the completed Application forFinal Plat Approval and Final Plat with the following amendments. The submission shall include twelve (12) paper copies & four (4) mylar copies of the final plat. a. Amend all lines depicting Lot 2 as a solid line. b. Show clearing limits pursuant to §240-49. Clearing. Permissible clearing on the lot is restricted to 35% of the total lot area. Please note the regulation on the plat. c. Delete the reference to the 25' Transition Buffer arrow within the driveway. d. Show distances of setbacks from property lines. e. Note on plan "no further subdivision". 2. Submission of the Park and Playground Fee in the amount of $7,000 ($7,000 per new lot created). 3. Submission of Suffolk County Health Department Approval. Chase Bank, Mattituck PaRe Three Januaw 12,2010 4. Submission of a curb cut approval from the NYS Department of Transportation. 5. Submission of a Letter of Water Availability from the Suffolk County Water Authority. 6. Submission of an Access Easement establishing the right-of-access from State Route 25 over Lot 1 to Lot 2 and maintenance responsibilities. 7. Submission of a Draft Performance Bond Estimate. This approval is valid for six (6) months from the date of the resolution unless an extension of time is requested by the applicant and approved by the Planning Board. The applicant is advised that additional covenants and restrictions and/or map changes may be required depending on comments received from other regulatory agencies, including the Town LWRP Coordinator, Town Engineer, Town Trustees, Highway Superintendent, Suffolk County Planning Commission, Suffolk County Department of Health Services, and the New York State Department of Environmental Conservation. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Martin H. Sidor Chairperson TOWN OF SOUTHOLD ZONING BOARD OF APPEALS STATEMENT THAT NO COVENANTS 8,: RESTRICTIONS HAVE BEEN FILED OR RECORDED The Applicant, JPMorgan Chase Bank, N.A., is seeking a sign variance approval from Township of Southold Zoning Board of Appeals for property located at 10300 NYS Route 25, Southold NY and designated on the Suffolk County Tax Map as Section 143, Block 3, Lot 33.2 (the "Property"). Applicant affirms that it has reviewed a current title policy for the Property and certifies that no covenants and restrictions have been filed or recorded against the Property. ~an Chase Bank, N.A. Date: #1466283 vi 107468-61874 'I'D i ~ I Thle (].illllall? lafurmnl|im ---- Suffolk County R~ording & Endorsement Page .LF, J.Xt~ 5 'B IRU 9 K'IU~T [IF.'ITI']ZD ,LIR. HUN 11~1) IN BLACK INK ONLY PRIfXt '1~ RI','COI[I )lN[.i OR 1,1LINC~ $CR £DUI.F:, A ~l~g~i~t~ ~ovo o~ Sangfroid, {,~n~ of Suffolk nnd S~Le o[ Kev ~u~, ~re ~ar~ldula~ly housed and described as follows: ' B~INNIHG aC a pott~C on the southeasterly aide of Main (S~a~e). Road ut ~he uor~lt- .~ea~ corne~ of o[ th~ h~elu d~scrtb~ presses uh~e ~he same is Intersected by ~he northeasterly side of land now or [o~erly of Ha~ A~ency, said point o~ place of beginning being also 'distant 133 Ieee, more or l~sa,' nro~beas~erly as measured · 'along the southeasterly side of his (Stets) Road fr~ the'comer-formed.'.~ cbs '.intersection of' ~he eflsterl~ side of h~lene Lane wl~b ~he southeasterly' ~lde o[ "' southeasterly iide of ~1~ {grace) Rood, che [allowing Cwo (Z) courses and ~ts?,ces: 1) North '39 degrees 24 minutes ua seconds ~s~ i10.31 fact; ~ aide o~. a ~0 EoOt' ri~ht-o~-~yl ~/Bi~t-o/-way, the fu//ovLu~ t~u (Z) courses u.d d/stances: L) South 23 deB~ees 1~ minuCee 30 seconds ~st 261.31 feet; 2) North 71 degrees U3 mLiItlCeS O0 ~ecoods ~st ZO.O6' feet co lm~d nu~ oc formerly TIIENCg a~ong said last mentioned land, and aJ. ong cite laml mow.et iotmerly oi 10 secox~ds East 269.91 feet; TIIENCE continu/uB alm~g lm~ .ow or Eu~erly of [orme~ly o[ SllLtunas; T~ENCE a lo~ Last me,cloned la~, South 1~ deKreee 48 m~utes 30 8eco~s hat 75.0 feeC Co land nor uT formerly of Shaw~l; TR~CE ~ong sa~d last ~enCLoned land, ~ou~lt 7~ dagcees 22 mlnutea LO seconds wast 266.30 [eec ~o la~.nw~ or ~o~erly o[ Litchhul~ T~NCE ,~on8 laa~ mentioned la~ a~ along land nu~ or formerly el S. Skuro .and alon~ land nov or formegly el J. S~go and alon~ land nov or fu~rly of Bat~ Agency. Notch Z3 ~eirees Il ~i~re~ O0 s~p~s Hesc 516.~0 iee~ to the souch~s~e~ly side oi Main (Scare) Road, ac the point al place o~ B~IN~G.'~ ' * STATE OF TO ~stewar~ .; JPMorgan Chase Bank, N.A. Mattituck (Town of Southold), NY Table of Variances January 26, 2010 SIGN VARIANCES ZONING REQUIRED/ REGULATION DESCRIPTION PROPOSED PERMITTED SECTION § 280-85.D.(7) Freestanding (monument) 24 sf 25 sf sign: area JPMorgan Chase Bank, N.A. requests that the application be deemed amended to include such additional variances as may be identified during the review and approval process. #1424956 v4 107468-61874 BOARD OF ZONING APPEALS TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK In the Matter of the Application to the Town of Southold Zoning Board of Appeals for Sign Variance JPMorgan Chase Bank, N.A. suffolk County Tax Map 1000, Section 143, Block 3, Lot 33.2 10300 NYS Route 25 WRITTEN SUBMISSION IN SUPPORT OF APPLICATION FOR SIGN VARIANCE GIBBONS GIBBONS P.C. One Pennsylvania Plaza, 37th Floor New York, New York 10019-3701 (212) 613-2185 Attorneys for JPMorgan Chase Bank, N.A. Jennifer M. Porter, Esq. #1465985 vi 107468-61874 ZON1NG BOARD OF APPEALS TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK In the Matter of the Application to the Town of Southold Zoning Board of Appeals for a Sign Variance JPMorgan Chase Bank, N.A. Suffolk County Tax Map I000, Section 143, Block 3, Lot 33.2 10300 NYS Route 25 WRITTEN SUBMISSION IN SUPPORT OF APPLICATION FOR A SIGN VARIANCE I. Preliminary Statement This statement is submitted on behalf of JPMorgan Chase Bank, N.A. ("Chase" or the "Applicant") in support of its application seeking relief from the sign requirements imposed under Chapter 280 of the Code of the Town of Southold (the "Zoning Code") for the property located at 10300 New York State Route 25 in the hamlet of Mattituck, New York (the "Property"). More specifically, Applicant seeks relief from section § 280-85.D.(7) for exceeding the freestanding (monument) sign area requirement. This application is submitted in connection with Chase's application to the Town of Southold Planning Board for site plan approval to develop a Chase bank with drive-thru and related site improvements at the Subject Property. In addition, Chase is seeking final subdivision approval to subdivide the Subject Property into two lots. The Chase development would take place at the front of the site on proposed Lot 1. For the reasons set forth below, it is respectfully asserted that the variance relief sought should be granted. II. Statement of Facts #1465985 vi 107468-61874 A. The Proper ,ty The Property is designated on Suffolk County Tax Map 1000 as Section 143, Block 3, Lot 33.2 in the hamlet of Mattituck (Town of Southold), NY. The Property is located at 10300 New York State Route 25 also known as Main Road between Madene Lane and Bay Avenue. The Property consists of approximately 2.586 acres and is situated in the B and R-40 Zoning Districts The Property is currently improved with a vacant one (1) story residential building and a vacant small stick-frame structure. Once subdivision approval is received, Chase's branch bank will be located on proposed Lot 1 which is entirely within the B General Business Zoning District. B. Description of Variances The Applicant is seeking the following variance from the Town of Southold Zoning Board of Appeals (the "ZBA" or "Board"): ZONING CODE DESCRIPTION REQUIRED/ EXISTING PROPOSED SECTION PERMITTED § 280-85.D.(7) Freestanding (monument) 24 sq. ft. 0 sq. ft. 25 sq. ft. sign area For the reasons set forth below, it is respectfully asserted that the relief sought by way of this application should be granted. #1465985 vi 107468-61874 III. Applicable Area (Sign) Variance Standards An area variance is "authorization by Iai zoning board of appcais for thc use of land in a manner which is not allowed by the dimensional or physical requirements of thc applicable zoning regulations? The standard applied to area variance applications is statutorily prescribed. This statutory standard alone is to be used in assessing an area variance request, and no other factors are to be considered.2 Under this standard, a board of zoning appeals, such as this Board, shall consider "the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant.''3 Five (5) factors are to guide a board in this balancing of interests, which include:4 (1) (2) (3) (4) (5) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance; whether the requested area variance is substantial; whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions of the neighborhood or district; and whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance. N.Y. Town Law § 267(1)(b) (McKinney's 2009). See Hampshire Mgmt. Co. v. Nadel, 241 A.D.2d 496, 660 N.Y.S.2d 64 (2d Dep't 1997). N.Y. Town Law § 267-b(3)(b) (McKinney's 2009). N.Y. Town Law § 267-b(3)po) (McKinney's 2009). 3 #1465985 vi 107468-61874 IV. The Instant Application For A Sign Area Variance Should Be Granted Application of the above-stated standards to this variance request clearly demonstrates that the relief should be granted. Key to the review of an area variance is the impact the requested relief will have upon the neighborhood and nearby properties. If the variance sought yields a use that is in harmony with the surrounding neighborhood, a board of zoning appeals will be hard pressed to find that the requested relief should not issue? Here, the relief sought, if granted, will result in a beneficial use of the Property which is consistent with the character of the area in which it lies being directly across the street from the Mattituck Plaza Shopping Center, and which will not adversely impact the health, safety and welfare of the neighborhood or community. A. Character of the Neighborhood Granting the variance needed to permit the freestanding (monument) sign to be 25 square feet where 24 square feet is permitted will not produce an undesirable change in the character of the neighborhood. The Property is located in the B General Business Zoning District which has the stated purpose "to provide for retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas, generally along major highways. It is designed to accommodate uses that benefit from large numbers of motorists, that need fairly large parcels of land and that may involve characteristics such as heavy trucking and noise." See § 280-47. The character of the neighborhood is currently commercial with adjacent properties hosting various commercial uses including CVS, the Mattituck Plaza Shopping Center, Waldbaum's, Rite-Aid, Capital One and Starbucks among See e.g~ Buckle,/v. Amityville Village Clerk, 264 A.D.2d 732, 694 N.Y.S.2d 739 (2d Dep't 1999). 4 #1465985 vi 107468-61874 others. The proposed freestanding sign is consistent with existing signage within the near vicinity of the site in the B Zoning District. Moreover, it furthers the purpose of said District by aiding in guiding motorists along a major roadway, here NYS Route 25 and safely into the site by directing patrons toward the location of the entrance of the site. Importantly, the variance request is a mere one square foot more than that which is permitted. The proposed freestanding sign was discussed at length and recommended after numerous work sessions and meetings with Town of Southold Planning Department, Planning Board and Architectural Review Committee (ARC) in connection with Chase's site plan and subdivision applications. Chase had originally proposed two other types of freestanding signs which were rejected by the ARC and Planning Board. Through collaboration with the Planning Department, Planning Board and Architectural Review Committee, we believe that the current design for the building and signage achieves the Town's goals while keeping the proposed development in harmony with the rural character of Southold and at the same time allows the Property to be consistent with the commercial character of the immediately adjacent properties. Therefore, we strongly believe that the granting of the freestanding sign area variance will not result in a undesirable change in the character of the neighborhood or be a detriment to nearby properties. B. Feasibility of Alternatives The benefit sought by providing this 25 square foot freestanding sign cannot be achieved by other means feasible for the Applicant to pursue. The 25 s.f. freestanding monument sign is a prefabricated prototype sign designed exclusively for Chase and as such, unfortunately cannot be redesigned or reduced to eliminate I s.f. of area. Moreover, from a safety and visual perspective, #1465985 vi 107468-61874 permitting a sign of this size is consistent with the other signage in the neighborhood. The proposed sign allows vehicular traffic to make safe movements to and from the site by alerting motorists to the location of the bank. This will allow motorists adequate time to determine whether they wish to turn into the bank. In addition, permitting this freestanding sign will provide visibility that will further enhance Chase's presence in the community. For these reasons, there are no other alternatives which are feasible for the Applicant to pursue. C. Substantiality The variance sought of permitting a freestanding sign with an area of 25 square feet as opposed to the permitted 24 square feet, is not substantial as this deviation is only one (1) square foot. In addition, all signage was discussed with Planning Department, the Planning Board and the Architectural Review Board and much of the signage initially submitted has been revised or eliminated to arrive at signage which now meets with the Town's approval. Thus, the deviation from the Zoning Code, taken in context, is not substantial, and facilitates the planning goals of the Town of Southold. Due to the nature of the proposed use and the benefits gained from the slight deviation from the Zoning Code, it is asserted that the variance relief sought is not substantial. D. Physical/Environmental Conditions in the Neighborhood The proposed use of the Property is sittiated within the B Zone near other retail uses along New York State Route 25. The proposed variance for freestanding sign area will permit a sign that is in keeping with those of the surrounding uses in the community and thus, will not impact the physical and environmental conditions in the neighborhood or district. In fact, the #1465985 vl 107468-61874 granting of the variance will benefit the neighborhood as it will provide motorists with due notice of the site to permit for safer turning movements in and out of the site. E. Self-Created Hardship The Applicant seeks to improve the Property. In an effort to accommodate the requests of the Town of Southold Planning Department, Planning Board and Architectural Review Committee as well as the goals of the Zoning Code, the proposed freestanding monument-style sign which exceeds the sign area requirement of the Zoning Code by one square foot represents the minimum necessary to achieve the overall workability of the site. The variance sought is minimal in nature and scope. Thus, to the extent that the difficulty alleged is self-created, it is substantially outweighed by the benefits this project will bring to the surrounding community and therefore, should not preclude the granting of the freestanding sign area variance. V. Conclusion For the reasons set forth above, Chase respectfully asserts that this Board grant Chase's requests for the freestanding sign variance requested above. Dated: January 26, 2010 By: Respectfully submitted, GIBBONS P.C. ~,~Al.torfieys for JPAMorgan Cha~ Bank One Pennsylvania Plaza, 37th Floor New York, New York 10019-3701 (212) 613-2185 7 #1465985 vi 107468-61874 Town of Southold Zoning Board of Appeals OWNER CONSENT I, Roy John Schoenhaar , Manager of Unexcelled LLC, the owner of the property designated as Section 143, Block 3, Lot 33.2 as shown on the Tax Map of the Town of Southold, also known as 10300 NYS Route 25, Mattituck, Suffolk County, New York (the "Property"), hereby authorize JPMorgan Chase Bank, N. A. and its attorneys, Gibbons P.C., consent to make any application necessary to any governmental entity including the Town of Southold Planning Board, Zoning Board of Appeals and any ancillary agencies of the Town or the State to receive subdivision and site plan approval and variances as may be required from any governmental entity to permit development of a JPMorgan Chase Bank with two (2) drive-thru lanes, together with associated site improvements. Unexcelled LLC ~'am~: ~/John Schoenhaar Title: M'anager #1465878 vl 107468-61874 OWNER FQRMER OWNER · VL OF SOUTHOLD i~OPERTY RECORD CARD LAND NEW Farm Tillable Tillable 3 Woodland Swamplend e-~,- Brushland House Plot Total /IL[AGE DISTRICT SUB. ACREAGE '~ TYPE OF BUILD1NG LOT IMP. ~ooo FARM TOTAL DATE ~ ,,--,. ~ ,:-;- lr DII~IG CONDLTIC BELOW Value Per' Acre coMM. JIND. 1cB. j MISC. lest. Mkt. Value FRONTAGE ON ROAD ~OCK £~,~e Value Walls ~/-.-~n~W[ Interior Finish ~ /irC. I I t j Drivewoy ~rcI Rooms 1st Floor Rooms 2nd Floor Dormer AppenD. 2674 Applicatfonoated February 27, 1980~ Gary Flanner 01sen, Esq., as attorney for Roy C. Schoenhaa~' Appellant atameetL~oftheZaniu~Boardo~Appealscn January 2~, 198], ~ appeal wa~ coasldezed aud the ~cUoninct~ted below w~ take~ on your Request for v~lance due to lack of acce~ to propert~ ~oy. Town Law, Sec, ~80-a ~b~ Public HearJng: 3/20/80; 12/80.Application of Roy C. Schoenhaar, by Gary Flanner Olsen, Esq., Main Road, Mattituck, New York for Variances to the Zoning Ordinance: (1} for approval of insufficient area and width of parcels to be established in a proposed subdivision, Article III, Section lO0-31, and {2} for permission to reinstate preexisting nonconforming sideYard setback, (3) for approval of access, New York Town Law Section 280-A. Location of property: South side of Route 2S, Mattituck, NY; bounded north by Route 25; west by Matt Agency, Jarzombeck, Roth; south by Mellender; east by Pumillo, Hallock, Steinhart, Jackson, Bilianos: County Tax Map Item NO. 1000-143-Z-33.2. (SEE REVERSE SIDE) (SEE REVERSE SIDE) (SEE REVERSE SIDE) (SEE REVERSE SIDE) (would not) Upon investigatiOn and personal inspection, the Board finds as follows: Appellant has appealed to this Board seeking a variance for approval of:(a) two parcels in the B-1 Business Oistrlct with insufficient area of g7,000 and 26,500 square feet, and 10g feet and 88 feet in road frontage, respectively, and (b) two parcels in the A-Residential and Agricultural District with insuf- ficient area of 35,500 and g3,500 square feet, inclusive of the proposed right-of-way running 105 feet approximately, along the' north end nf the proposed parcel, and (c) approval of a 20-foot proposed right-of-way extending from the Main Road to the interior residential parcel. Existing on proposed parcel No. 1 is an existing one-story dwelltng which would be left with a five-foot easterly stdeyard setback if this variance were granted. It is the consensus of this Board that the granting of this variance as applied for will cause an overcrowding of land. The Board finds that the relief requested is substantial in relation to the Code requirements; that if the variance is granted substantial detriment to adjoining properties will be created inasmuch as the area is presently.congested; that a substantial change will be produced in the character of the neighborhood; and that the:interests of Justice will not be served by the granting of the relief requested herein. On motion by Mr. Douglass,seconded by Mr. Sawlckt, it was RESOLVED, that Roy C. Schoenhaar be denied approval of . insufficient area, width and approval of access as applied for. Location of property: South Side of Route 25, Mattituck, NY; bounded north by Route 25; west by Matt Agency, Jarzombeck, Roth; south by Mellender; east by Pumtllo, Hallock, Steinhart, Jackson, Biltanos;. County Tax Map Item No. 1000-143-2-33.2. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass and Sawicki. Member'Goehringer abstained. APPROVED RECEIVED AND FILED BY sou'i,',o: Town Oerk, Tovm ~ ~u~d -,, AcrxoN OF ~ ZO~O SO~a~ OF AppealeD. 2744 Application Da~dSeptember 11, 1980 To Committee-to-E]ect George Sulltvan Box 837 Southold, RY 11971 atameeU~o~theZontn~BoardofAppeal~oa September 25, 1980, U~e appea~ (X) Requesti°ravarlancet°themonln~Ordlnance Art. XI, Sec. 100-110A, B(1) ( ) ~l~x~ePubltc Hearing: 8:45 p.m. Application of Committee- to-Elect George Sullivan, Main Road, Box 837, Southold, RY 11971 for a Variance to the Zoning Ordinance, Article XI, Section 100-110A, B(1) for permission to erect (off-premises-advertising) ground sign in a B-1 Business zoned district. Location of property: South side of Main Road, Mattituck, New York; bounded north bx Pumillo, Hallock, Berninger, Jackson and Main Road; west b~ Matt-Agency, Inc., Oarzombek, Roth; south by Litchholt, Ta~1or; east b~ Biliunas, ~ackson, Berninger, Hallock, Pumillo; Count5 Tax Map Item No. 1000-143-3-33.2. (SEE REVERSE SIDE) (SEE REVERSE SIDE) (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordlnallce ~ (would) chan~e the character o! the district because ~ (SEE REVERSE SIDE) (wo~ld not) FORM Z84 After investigation andtsonal inspection, the Board finds as follows: Appellant has appealed to this Board seeking a'va'riance to erect a ground sign to be located on B-1 zoned Business property, presently owned by Roy C. Schoenhaar and located at the south side of Main Road, Mattituck. The premises in question isa parcel of land containing approximately 2.6 acres, the northerly half zoned B-1 and the southerly half zoned A.Residential & Agricultural. There is presently existing on the premises a one-story frame house, and no ground signs were found existing. Also, it has been found there are no conditions specified in the Code for any sign in a B-1 District (Article VII); however, sections and conditions for all the other districts are specified. This appears to be an unintentional oversight, causing applicant to make this bequest. - · On motion by Mr. Grig9nis, seconded by Mr. Doyen, WHEREAS, the Board determines that by granting of the relief requested herein: {a} the orderly and reasonable use of adjacent properties or of adjacent use districts will not be prevented; (b) that the health, safety, welfare, convenience comfort and order of the Town will not be adversely affected (c) that the general purposes and intent of the zoning ordin will be observed; {d) the plot area is sufficient, appropri and adequate for the reasonable use and anticipated operatio thereof as planned herein; NOW, THEREFORE, BE IT RESOLVED, that Committee-to-Elect George Sullivan, Box 837, Southold, NY 11971, be granted a variance to the Zoning Ordinance, Article XI, Section lO0-11 B(1) for permission to erect ground sign as applied for and SUBJECT TO THE FOLLOWING CONDITIONS: (al Written permission of property owner for sign ere~ in effect during the period this sign will be erected; (b) The sign shall not exceed the size four feet by s feet [4' x 6'] and shall bear only the following, generally Elect (name) for (position); (c) Said sign shall not be less than five feet from any property 1. ine; and the bottom edge of said sign shall not be less than four feet above ground. (d) Said sign may not be illuminated. (el This sign may not be erected prior to review by the Suffolk County Planning Commission. (fl This sign permit is terminable at once at the direction of the Board of Appeals of the Town of Southold. Location of property: South side of Main Road, Mattituck, New York; bounded north by S.R. 25, Pumillo, Hallock, Berninger, and Jackson; west by Matt-Agency, Inc., Jarzombek, and Roth; south by Lttchholt and Taylor; east by Biltunas, Jackson, Ber- ninger, Hallock and Pumtllo; County Tax Map Item No. 1000- Ayes: 143-3-33.2. Vote of the Board: Goehrtnger and Sawicki. Messrs. Grigonis, Doyen, Douglass, * APP VED ,. Chairman Board o~/Appea~ - APPEALS BOARD MEMBERS Ruth D. Oliva, Gerard P. Goehring~ James Dinizio, Jr. ~ Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: ~o Southold Town Hall 53095 Main Road · EO. Box 1179 S outhold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 11, 2007 RECEIVED JAN 1 7 o 8 Town ¢lerl ZB File No. 5764 - ROY C. and ROBERT SCHOENHAAR Property Location: 10300 Main Road, Mattituck CTM 143-3-33.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicants' property consists of 2.586 acres, improved with a dwelling as shown on the March 15, 2002 survey prepared by John C. Ehlers. The northerly .78 acre portion of the property is zoned B-General Business, and the southerly +/- 1.78 acres is zoned R-40 Low-Density Residential. The property has 197.06 feet along the south side of the Main Road (NYS Route 25). BASIS OF APPLICATION: Zoning Code Section 280-18 (formerly 100-30A.3) bulk schedule, based on the Building Inspector's May 17, 2005 Notice of Disapproval, amended October 4, 2006 for a lot which contains less than 40,000 square feet and less than 175 feet of lot width in the R-40 Residential Zone District, and a proposed building in the B-General Business Zone District with a front yard setback at less than 100 feet from a proposed right-of-way. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred by the ZBA as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning November 14, 2006 reply states that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. This communications also notes that the division of Lot 1 is along the B/R-40 zoning boundary and notes the 25 ft. wide right-of-way servicing of the three proposed lots and Lot 2 which is landlocked Lot 2 with no legal access to an existing or proposed public road. The County is requesting that the Town consider an increase in the width of the right-of-way to 30 feet and to redraw both Lots 2 and 3 as flag lots with 15 feet of frontage along the Main Road. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 30, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: CTM No. 143-3-33.2 AREA VARIANCE RELIEF REQUESTED: The applicant wishes to create a three lot subdivision on this 2,59-acre parcel. This property is split into two zone districts: B General Business on the north, and R-40 Low-Density Residential on the south. The applicant is proposes a conforming land area and width for proposed Lot 1, located in the B-General Business Zone; proposed lot 2 will be non- conforming at 34,089 square feet; and less a proposed 25 foot wide right-of-way, the lot will be 32,812 square feet in area instead of the code-required 40,000 square feet, and 173.45 feet in depth instead of the code required 175 ft. lot depth. The right-of-way as proposed would create a 13 ft. non-conforming setback for the pre-existing dwelling on lot 1 instead of the code-required 100 ft, minimum setback. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the area variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed lots sizes are in keeping with the size and shape of other residential properties to the east and west of the subject property. The proposed 25-ft. wide right-of-way along the westedy boundary of the subject parcel will, however, create a front yard setback that is substantially in nonconformity with the code requirements, that will increase the difficulty of access for fire and other emergency vehicles to the two additional southerly residential lots. 2. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The proposed right-of-way can be re-located to the easterly property boundary, running parallel to the existing 20 ft, wide right-of-way belonging to the land now or formedy owned by Jody Pumillo, which will either not require a setback variance from the existing dwelling on the subject proper/y, or will be substantially less non-conforming than this right-of-way being proposed. 3. The variance granted herein is substantial in relation to the setback relief from the proposed right- of-way boundary for a 13 ft. setback. This proposed setback would create an 87% reduction from the code-required 100 ft. minimum setback. 4. The difficulty has been self-created. The owner/applicant seeks to subdivide his subject property which has frontage only along the main Road, and land-locked for the two rear lots. The relief requested for the setback from the proposed westedy right-of-way can be eliminated, since two conforming lots could be created as of dght with a right-of-way to the two rear lots without the need for a setback variance, or request for a minor setback reduction. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. While additional noise may be created by cars using the proposed R,O.W and potential future neighbors, the impact would not be unreasonable with the addition of two more houses in the neighborhood. 6. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a three-lot subdivision, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3 - January 11, 2007 I ZB File No. 5764 - Roy C. and Rog~l~Schoenhaar CTM No. 143-3-33.2 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 Weisman, seconded by Member Goehringer, and duly carried, to GRANT the vadance with respect to the I01 sizes noted herein, and to DENY the requested setback reduction from the proposed westerly right-of-way, as applied for. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicent's diagrams or survey site maps, are not authorized under this applicetion when involving nonconformities ~Jnder 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 Dinizio, Oliva, ~eel~r~ger, Simon, and Weisman. Reso=ution was du y adopted (5-0). _ Jam~s"Dinizio Jr., Chairman/' - - ~1~ /,-/' /2007 A~lSroved for Filing -- This ELIZABETH A. NEVILLE, RMC, CMC 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: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville February 3, 2010 Zoning Appeal No. 6369 Transmitted herewith is Zoning Appeals No. 6369 of Unexcelled LLC - the Application to the Southold Town Zoning Board of Appeals Action of the Zoning Board of Appeals #2674 Dated February 6, 1981 ,Copy of Survey Dated February 25, 1980 Prepared by Van Tuyl, Action of Board of Appeals #2744 Dated October 8, 1980, Board of Appeals Findings & Determinations #5764 Dated January 11, 2007 Copy of Survey Dated March 15, 2002 Prepared by John C Ehlers. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Statement Regarding Other Agency Applications, Planning Board Public Hearing Dated May 12, 2009, Planning Board Notice of Determination Dated May 11, 2009, Planning Board Conditional Preliminary Plat Approval Dated January 12, 2010, No Covenants & Restrictions, Copy of Deed From Schoenhaar to Unexcelled LLC Dated November 9, 2006, Cover Letter from Gibbons P.C. Dated January 26, 2010, Table of Variances Written Submission in Support of Application January 26, 2010 Prepared by Jennifer M. Porter, Attorney, Authorization Letter from Roy J Schoenhaar to JP Morgan Chase Bank & Attorneys to represent them in this Matter, Notice of Disapproval from Building Department Dated January 7, 2010, Copy of Receipt from Building Department Dated January 11, 2010, Application for Sign Permit Dated December 17, 2009, 2 Page Copy of Property Record Card, Topographic & Boundary Survey Dated December 3, 2007 Prepared by Savik & Murray, 3 Pages of Elevations, Main ID & Channel Letters of Signs, Site Photos of Surrounding Buildings & Property Prepared by JRS Architect, P.C. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 01/29/10 * * * RECEIPT * * * Receipt'8: 71119 Transaction(s): 1 1 Application Fees Reference Subtotal 6369 $600.00 Check#: 99458 Total Paid: $600.00 Name: Nw, Sign Industries 360 Crider Avenue Moorestown, NJ 08057 Clerk ID: CAROLH Internal ID: 6369 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OFAPPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 20, 2010 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box t179, Southold, New York 11971-0959, on THURSDAY~ MAY 20, 2010: tt:00 AM UNEXCELLED LLC #6369. Request for Variance from Code Section 280- 85 (D)7 and 280-86C based on an application for building permit for freestanding and directional signs, and the Building Inspector's January 7, 2010 Notice of Disapproval concerning construction of signs, J) sign exceeding more than the code required 24 sq. ft., 2) more than the code required maximum of two signs in a "B" Zone; at 10300 NYS Route 25, Mattituck, NY. SCTM#1000-t43-3-33.2. Zone - B. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and priorto the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Vicki. Toth~Town. Southold.ny.us. Dated: April 26, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box ~179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME UNEXCELLED LLC #6369 MAP # 143-3-33.2 VARIANCE SIGN REQUEST SIZE DATE: THURS, MAY 20, 2010 11:00 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.noFthfork.net April28,2009 Re: Town Code Chapter 55 - Public Notices for Thursday, May 20, 2010 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before May 3rd: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is retu,rned to you undeliverable, you are requested to make other attempts to obtain a mailinR address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran,qements were made in either a written statement, or durin,q the hearin,q, providinR the returned letter to us as soon as possible; AND not later than May 10th: Please either mail or deliver to our office your Affidavit of Mailin,q (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later May 12st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Postinq for receipt by our office before May 18, 2010. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. 9742 STATE OF NEVV YORK) ) SS: COUNTY OF SUFFOLK) Kamn Kine. of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES. a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1..!. week(s), successively, commencing on the day of May, 2010. Sworn to before me this Main Road), East Msriou (~j (~ ~ ~!;~o) ~.~,,~,~ fo, Principal Clerk GIBBONS i May 12, 2010 VIA FED EX PRIORITY OVERNIGHT Town of Southold Zoning Board of Appeals ATTN: Vicki Toth Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold, NY 11971 RECEIVED MAY 1 $ 2010 BOARD OF APPEALS Re'- JPMorgan Chase Bank, N.A. 10300 Main Road, Southold, NY Sign Variance Application - Affidavit of Mailing__ Dear Ms. Toth: We represem JPMorgan Chase Bank, N.A. ("Chase"). In connection with Chase's application to the Zoning Board of Appeals ("ZBA") for signage variances, enclosed please find an original and one (1) copy of the Affidavit of Posting for the Public Hearing on May 20, 2010. I am also enclosing five (5) green cards received thus far in connection with the certified mailing done for the hearing. If you have any questions with respect to the enclosed documents, please feel free to contact me. Very truly yours, Enclosures GIBBONS, P.C. One Pennsylvania Plaza, 37th Floor New York, New York 10119-3701 212-613-2185 Attorneys for Applicant, JPMorgan Chase Bank. N.A. INRE: JP Morgan Chase Bank. N.A. 10300 NYS Route 25 (SCTM#1000-143-3-33.2) TOWN OF SOUTHOLD: NEW YORK ZONING BOARD OF APPEALS AFFIDAVIT OF MAILING COUNTY OF NEW YORK ) STATE OF NEW YORK ) 1, JENNIFER M. PORTER, an attorney with Gibbons P.C. One Pennsylvania Plaza, 37th Floor, New York, New York 10119-3701 being duly sworn, depose and say that: On the 5t~ day of May, 2010, I personally mailed at the United States Post Office at the James A. Farley Post Office located at 421 8t~ Ave, New York, New York, by CERTIFIED MALL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Town of Southold Tax Assessor's Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. 1. The list of owners of property adjacent to the site is attached as Exhibit "A". The notice that was sent to all of the owners of adjacent property, announcing the public hearing for JPMorgan Chase Bank, N.A. along with the survey and sign plans submitted therewith, are attached as Exhibit "B". The notification letter in Exhibit "B" was sent by United States Certified Mail, Return Receipt Requested, to the property owners of the abutting properties. The "white" tatum receipts post marked May 5, 2010, from the post office are attached as Exhibit "C". Sworn to and Subscribed before me this 11th day of May, 2010 Ouali(~ed in New Yo~ ~ount¥ 143-3-1 Celic, Robert A. PO Box 1247 Matlimck, NY 11952 143-3-12 Moyer, Dale D. 650 Bay Avenue Mattimck, NY 11952 143-3-30 Skuro, Rose 305 Marlene Lane Mattimck, NY 11952 142-1-26 Mattituck Plaza LLC PO Box 77 Mattituck, NY 11952 143-3-10 Faszczewski J Tstmty Trt 510 Bay Avenue Mattituck, NY 11952 143-3-13 Malecki, Jenice L 170 Broadway Unit 1B Brooklyn, NY 11211 143-3-31 Collins, William T 82 New Highway Commack, NY 11725 143-3-11 Steinhardt, Christopher 10 Maple Street Garden City, NY 11530 143-3-14 ~ Flamm Gerald 790 Bay Avenue Mattimck, NY 11952 143-3-33.3 ~ Pumillo Jody 210 Pat Lane Mattituck, NY 11952 #1513278 vl 107468-61874 OFF ,USE 1.0~.~. ~' '__L. OE ~. ~o ?.. 30 .~- Post;ge $ {.0~' ?_. ~0 [[il USE ~ r~ R6stflct~l Delive~ Fee OFFiCiAL-USE] 2-tSo ; D- ......................... ~AOV~r.D~J~.D. ........................................... OFFiCiAL USE ?,,.go ~.. ,30 $ USPS - Track & Confirm Page 1 of 1 ~ UNITED STATES POSTAL SERVICE. Home I ~ I Sian In Track & Confirm Track & Confirm FAQs Search Results Label/Receipt Number: 7005 1820 0004 0589 1576 Service(s): Certified Mail'" Status: Delivered Your item was delivered at 10:34 AM on May 11, 2010 in MATTITUCK, NY 11952. Enter Label/Receipt Number. Detailed Results: · Delivered, May '11, 20'10, 10:34 am, MATTITUCK, NY 11952 · Notice Left, May 08, 2010, 10:28 am, MATTITUCK, NY 11952 · Arrival at Unit, May 08, 20'10, 7:37 am, MATTITUCK, NY 11952 Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. ~?~ Copyri~tht© 20~0 USP$. All Rights Reserved. No Fi-AR Act EEO Data FOIA O http://trkcnfrm 1 .smi.usps.com/PTSInternetWeb/InterLabellnquiry.do 5/27/2010 USPS - Track & Confirm Page 1 of 1 UNIT'ED STATES Home Track & Confirm Track & Confirm FAQs Search Results Label/Receipt Number: 7005 1820 0004 0589 1606 Service(s): Certified MailTM Status: Delivered Your item was delivered at 10:37 AM on May 11, 2010 in MA%I'ITUCK, NY 11952. Enter Label/Receipt Number, Detailed Results: * Delivered, May 11, 2010, 10:37 am, MATTITUCK, NY 11952 . Notice Left, May 08, 2010.10:26 am, MATTITUCK, NY 11982 , Arrival at Unit, May 08, 2010, 7:37 am, MATTITUCK, NY 11952 N~lif~cation Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Ga > ¸ 60> Copyri~lht~) 2010 USP$. A Fl ghts Reserved No FEAR Act EEO Data FOtA ~ http://trkcnfrm 1.smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 5/27/2010 USPS - Track & Confirm Page 1 of 1 ~ UNI~ $T~TES POSTAL S£RVtCE~ Home I Help I $iqn In Track & Confirm Track & Confirm FAqs Search Results Label/Receipt Number: 7005 1820 0004 0589 1590 Service(s): Certified Mail'" Status: Delivered Your item was delivered at 10:39 AM on May 14, 2010 in MATTITUCK, NY 11952, Enter Label/Receipt Number. Detailed Results: · Delivered, May 14, 2010, 10:39 am, MATTITUCK, NY 11952 · Notice Left, May 08, 2010, 8:08 am, MA'ITITUCK, NY 11952 · Arrival at Unit, May 08, 2010, 7:37 am, MATFITUCK, NY 11952 N~f~ca!ion Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. ~> Copyright~ 2010 USPS. All Ri§hts Reserved. No FEAR Act EEO Data FOIA I~ http://trkcnfrm 1 .smi.usps.com/PTSInternetWeb/InterLabelInquiry.do 5/27/2010 · Complete items 1,2, and 3. Also complete item 4 ff Restricted Delivery is desired. · print your name ired address on the reveme · Attach this card to the back of the maJlplane, or on the front if spaco permits. OYes 1434.-33.3 Puafilto Jody 210 Pat Lane Mattituck, NY 11952 I I~r~ Mal~ [] r~,,,~ Mal~ I ~ R~ ~ R~m R~ ~ M~ ~4. ~ ~ ~ ~) DY~ PS Fown 3811, February 2004 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the baok of the mallpleco, or on the front if space permits. 1. Article Addressed to: 143-3-13 Malecki, Jenice L 170 Broadway Unit lB Brooklyn, NY 11211 PS Form D. Isdaliveqraddmssdiffemntfmmlteml? DYes If YES, eater delivery address below:. [] NO ~C~Mall D Express Mall [] Registered [] Return Receipt for Memhmxlies [] Insured Mall [] C.O.D. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. . · Attach this card to the back of the mailplsoe, or on the front ff space permits. 1. Article Addressed to: [~ 143-3-31 Collins, William T 82 New Highway Commack, NY 11725 2, grUcle Numbe~ (Tran,s~' from *em/ce'l~e/) ~Ce~Mall r-i Ex~ Mall I []Registered ~ Retum Receipt for Merchandise I 4. Restflcted Dellvery? (Extra F~e) ' OYes 7005 1820 0004 0589 1613 PS Form 3811, February 2004 · Complete Items 1, 2, and 3./=dso complete Item 4 if Restricted Delivery Is desired. · PHnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the rnallpisoe, 143-3-1 Celic, Robert A. PO Box 1247 Mattituck, NY 11952 PS Fora 3811, February 20O4 n Agent Name) f Delive~ 'addmM different from I Yes DAY 1 2010 J F-I Registered n Return Receipt for Memhandlle [] Insured Mall [] C.O.D. J4. Restricted Deliver? ~ Fee) [] Yes 7005 1820 0004 0589 1545 "'1 J Dohleetlc Return Receipt l~lS40't t · ~if9 .r~s 1, 2, and 3..NSO complete · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maJipisoe, or on the front If spaco permits. - 1. AitJcle A~&mme~ to: 142-1-26 Mattituck Plaza LLC PO Box 77 Mattituck, NY 11952 2. Article Number [] Agent R~/eceivedby(PflntedName) C. Dete of~llv~ O .o MAY 1 8 2010 [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. -~t. Flestricted C~lh~,? (Extra Fee) r-i yea .__..._~ from ~en,/ce ~ee0 PS Fon~ 3811, February 2004 7005 1820 0004 0589 1910 -- I · Complete items 1, 2, and 3. Also COmplete Item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mallplsoe, _ or on the f~ont If spane permits. A. Signature 3 Agent 143-3-1 l Steinhardt, Christopher I 0 Maple Street Garden City, NY 11530 MAY 1 3 ri Registered [] Insured Mail 2. Article Number ~r~,~?~ ~m ~ ~ 7005 1820 PS Form 381 1, Feb~um7 2004 '-"-'----'--- [] Retum Recaipt for Merchandise E3 C.O.D. 4. Re~a~led Dedlve~ (Extn~ ~ee) r-1 yes 0004 0589 1569 GIBBONS, P.C. One Pennsylvania Plaza, 37m Floor New York, New York 10119-3701 212-613-2185 Attorneys for Applicant, JPMorgan Chase Bank. N.A. IN RE: JP Morgan Chase Bank. N.A. 10300 NYS Route 25 (SCTM#1000-143-3-33.2) MAY 1 3 2010 BOARD OF APPEALS TOWN OF SOUTHOLD ZONING BOARD OF APPEALS AFFIDAVIT OF POSTING STATE OF NEW YORK ) ) SS,: COUNTY OF NEW YORK ) I, JENNIFER M. PORTER, of full age, being duly swom according to law, upon my oath, depose and say: 1. I am an attorney with Gibbons P.C., attorney for the applicant JPMorgan Chase Bank, N.A., located at One Pennsylvania Plaza, 37th Floor, New York, New York 10119-3701. 2. I personally posted the property at 10300 NYS Route 25 on May 3, 2010 by placing the Town's official poster notices within ten (10) feet of the front property line facing the streets where it can be easily seen, and that I have checked to be sure that the poster has remained in place for seven (7) days prior to the date of the public hearing on May 20, 2010. 3. Pictures depicting the poster notice are attached hereto as Exhibit "A". Sworn to and Subscribed before me this 12th day o£May, 2010 · PORTI~R MARC DANIEL FITAPELLI Notary Pul~ic, State of New York No. 02FI6219911 Quali~ in New York Counb/ Comm~ Expir~ Ap~ 5, 20t4 #1407473 vi 107468-61874 RECE~LVED BOARD OF APPEALS ' ~ECE~VED BOARD OF APPEALS RECEIVED BOARD OF APPEALS SIGN LEGENE} & LOCATION PLAN NW SiTE PLAN SCALE: NTS F I DRC Approved Plan for Reference iNDUSTRiES IDENTIFY WITH QUALITY Site # ~_ Sign Code Descriptio_n 6259 1 M-25-CUST Monument- 6259 2 LNIC-BLK-24 }imensional Letters 6259 3 ID-5 Directional 6259 4 D-5 Directional 6259 5 D-5 Directional 6259 6 ID-5 Directional 6259 7 DU-B Lane. Designator 6259 8 1C-3-W Clearance _~259 9 ~U-C Lane~?_~signator 6259 10 TC-P-A DA-V _ r~e(¢ulatory 6259 11 TC-P~ADA Regulatory 6259 12 IC-P-H Regulatory 6259 13 GOOSENECKS Lamps 6259 14 !GOOSENECKS Lamps 9259 15 iGOOSENECKS Lan,ps 625;9 1 HOOD Hood 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 MEMO TO: FROM: DATE: SUBJECT: http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Planning Board Leslie K. Weisman, ZBA Chairperson January 29, 2010 FEll - 3 ~0 Request for Comments ZBA ~369 - Unexcelled LLC As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED Unexcelled 143-3- #6369 1/7/10 280-85(D)7 1127110 NW SIGN LLC 33.2 INDUSTRIES B Zone Your comments are appreciated by March 1, 2010. Thank you. Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 January 29, 2010 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6369 Action Requested: Within 500 feet of: Owner/Applicant: Unexcelled LLC Sign size (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson /! Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 June 11, 2010 Jennifer M. Porter, Esq. Gibbons PC One Pennsylvania Plaza, 37th Floor New York, NY 10119-3701 Re: ZBA # 63~*/, Unexcelled LLC Dear Ms. Porter: Transmitted for your records is a copy of the Board's June 10, 2010 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerel~'-x /7 Vicki Toth Encl. NORTH AERIAL VIEW EXISTING BUILDING ADJACENT BUILDING SOUTH AERIAL VIEW SURROUNDING BUIDLINGS SITE PANORAMIC i~,'~jpMorganChase SITE PHOTOS 10300 MAIN ROAD MATTITUCK, NY I JRS ARCHITECT, P.C. /81 East Jed4:ho Turnpike, MinerVa, 707 Sta~ Roed, Princeton, NJ 08540-1434 SURROUNDING PHOTOS INDUST JES IDENTIFY WITH QUALITY CORPORATE OFFICE: 360 CRIDER AVENUE MOORESTOWN~NJ 08057 P 856.802 ~677 F 85680204~2 ENGINEERING INDUSTRIES IDENTIFY WITH QUALITY 9'-6" l~../ ~IGN BOX 9'-2 3/4" % E L 30"0 AUGER NOTE: MtN..52 CUBIC YARDS OF CONCRETE REQ'D PER FOOTING (.544 CUBIC YARDS PER SHOWN ABOVE) 30"0 AUGER L 2" X 2" X .25 ALUM. ANGLE FRAME -WELDED CONST. FRAME TO BE BOLTED TO 4 X 2 X 3/16 REC TUBE W/5/8"O THRU BOLT~ (A325) 4X2X3t16 (AS00 GR. B)TYP. SEE BASE PLATE DETAIL ? ? ? / ? GROUT I X 24" ANCHOR BOLTS (F1554 GR. 55) -6" THREAD - 3" HOO;~ ~ BARS ON A 16" PATTERN WITH #3 STIRRUPS @ 6" O.C. AT TOP 18" THEN, 14' O.C. THEREAFTER (DO NOT WELD REINFORCING BARS) 3000 PSI CONCRETE FOOTING GRADE 30"0 AUGER DESIGN WIND SPEED 90 MPH IMPORTANCE FACTOR: 1.0 EXPOSURE C ESTIMATED SIGN WEIGHT -600 lbs. T~!iS [)RAv'~ING iS IN ENDED FOR SiTE SPECIFIC MOUNTING AND BtSTALIATiON PURPOSES REFER ~0 THE L*&~ES~ LINK ENGNEERING SPECIFICATIONS FOR SPECiFiC ¢>~BRICATIO~-~ METHODS 4X2 BASE PLATE DETAIL SCALE: 1 1/2" = 1' 0" PLATE PL 1/2" X 6" X 8" (A36) (2 REQ'D) M-25-CUST MONUMENT - FOUNDATION DETAIL - ELEVATION SCALE: V~" = 1' 0' [vl-25-CUST MONUMENT - SIDE VIEW SCALE: V2~ = 1' 0' NOTE: NON-ILLUMINATED CORPORA?E OFFICE: 360 CRIDER AVENUE HOORESTOWN, NJ 08057 P 856802 1677 F 8568020412 JENNIFER M PORTER Associate June 3, 2010 VIA FED EX PRIORITY OVERNIGHT Town of Southold Zoning Board of Appeals ATTN: Vicki Toth Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold, NY 11971 RECEIVED JUN 042010 BOARD OF APPEALS Re: JPMorgan Chase Bank, N.A. & Unexcelled, LLC 10300 Main Road, Southold, NY Sign Variance Application - Sign Photos Dear Ms. Toth: We represent JPMorgan Chase Bank, N.A. ("Chase") in connection with its application to the Zoning Board of Appeals ("ZBA") for sign variances. In response to the Board's request at the public heating, attached please find six (6) sets of photographs. The first two (2) photographs show what the proposed monument sign will look like. They are taken from one of Chase's locations in Nutley, NJ. My office had Chase's sign vendor search for photos of monument signs in Suffolk County and was advised that there is one located at the Chase site at 405 Main Street Center Moriches, NY 11934 but this site was not completed by Chase's current sign vendor so they were unable to obtain any photographs of it. That being said, the proposed sign as well as the sign in Moriches are identical to the one in the attached pictures. Please note that all of the other freestanding signs Chase has received approvals for in Suffolk County are freestanding pylon signs or monument signs with brick bases. The monument sign proposed for this location was custom-designed for this site to match the building (which is also custom-designed to match the rural character of the community) after the Town's Planning Board and Architectural Review Committee recommended against the use of a freestanding pylon or pole sign. I am also enclosing one (1) photo of what the directional signs will look like. This photo was taken of one of the directional signs at the Chase bank in the Riverhead Shopping Center on Rt. 25. Please let me know if you have any questions with respect to the enclosed documents or need anything else. Very truly yours, Enclosures gibbonslaw.com Z LEGEND NOTES ~. u.~ SA VII: ~: MURRAY DATE: DEC. 3, 2007 DRAWN BY: J.H. CHK BY: W.J.W. SCALE: 1"-- 20' I E 20.00' £onsulting fnginee~s TOPOGRAPHIC & BOUNDARY SURVEY MAIN ROAD N.Y.S. RT. 25 tL&MLET OF MATTITUCK, TORN OF SOUTHOLD SUFFOI~ COUNTY, NER YORK PROJ. NO. R550.00 SHEET NO. OF 1 JOB # R530.00 CAD FILE: R$3OOOwm. DWG E. LEGION