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Home My WebLink About4626'APPE,~LS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATIONS REGULAR MEETING OF DECEMBER 14, 1999 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Appl. No. 4762 and 4626 - Faith Reform Baptist Church, Tenant (Owner: P. Jacques) Parcel: 13000 Main Road, Mattituck 1000-114-11-2 Zone District: Hamlet Business (HB) Date of Public Hearing: December 14, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's 21,500+- SQ. FT. parcel is located in Mattituck with 133 ft. frontage along the south side of Main Road (N.Y.S. Route 25) and 150 ft. in depth. The property is improved with two cement block buildings as shown on the survey prepared by Roderick VanTuyl, P.C. dated February 10, 1992. BASIS OF APPLICATIONS: On August 17, 1998, applicant applied for a building permit to occupy one of the two existing buildings on the property as an office and meeting space for worship. The October 14, 1998 Notice of Disapproval cited the following reasons for denial: (1) A house of worship is not a permitted use in the HB District; Article IX, Section 100-91. (2) Insufficient lot size. In the HB District, 20,000 sq. ft. of land is required per use; Article IX, Section 100-92. At the time of the application to the Building Department, there was another use in the smaller building on the property. APPLICANT'S REQUESTS: (1) Applicant asks the Board to agree that the use it is establishing is an "auditorium or meeting hall," which is permitted under section 100-gl(A)(12). Alternatively, applicant requests a Special Exception authorizing the use as a "fraternal or social institutional office or meeting hall" under section 100-91(B)(6), (2) Applicant requests an area variance authorizing establishment of a second use on the property. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicant wishes to establish a meeting space for worship, and a church office, in an existing comrnerdal building. Extedor alterations to the existing building are minimal. (2) At the time applicant applied to the Building Department, the second, smaller building on the property was used for artist's storage. Testimony was presented at the headng on December 14, 1999 that the smaller building is now unused. Page 2 - Appl. No. 4762 and 4626 Faith Reform Baptist Chur~ ~acques (:1.000-114-11-12) ZBA Decision Rendered 12/14/99 RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Collins, it was RESOLVED: (1) The Use that applicant wishes to establish at the subject property is an "auditorium or meeting hall" and is permitted under Section 100-91(A)(12). (2) Because there is no use on the property other than that established by applicant, the Board need not consider the question of a vadance to authorize a second use. VOTE OF THE BOARD: AYES: Goehdnger, Dinizio, Collins, and Homing. This Resolution was duly adopted (4-0). (Member Tortora was absenL)/../'.? /GERARD P. GOEHRINGER CHAIRMAN 12/21/99 Approved for Filing NOTICE OF PUBLIC HEARIN~ SOUTHOLD TOWN BOARD OF APPEALS TUESDAY, DECEHBER 14, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTNOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Hain Road, Southold, New York 11971, on TUESDAY. DECEt4BER :1.4,1999 at the time noted below (or as soon thereaf'cer is possible): 8:00 p.m. Appl. No. 4626 and ~62 - FAITH REFORM BAPTIST CHURCH (Peter 3acques, Owner). Applicant is requesting a Certificate of Occupancy for "Meeting of persons for worship in meeting hall and office" and has applied for: (A) A Special Exception under Article IX, Section 100-91B(6), and/or Interpretation under Article IX, Section 100-91A(12) Permitted Uses with regard to use as an "Auditorium or Heeting Hall", and Variancesbased on the October 14, 1998 Building Department's Notice of Disapproval which states that the application for permit to occupy part of an existing building as a house or ship is disapproved on the following grounds: "(1) House of Worship is not permitted in an HB District pursuant to Article IX, Section 100-91A, B and C; and (2) Insufficient lot area. In the HB District 20,000 sq. ft. is required for each use, Article TX, Section 100-92. This lot is approximately 21,500 sq. ft. and is occupied by one tenant at this time, see attached site plan." Location of Property: 13000 Hain Road, Hattituck, NY; County Parcel No. 1000-114-11-12. The Board of Appeals will at same time and place hear all persons or their representative desiring to be heard or to submit written statements (before the hearing is concluded). The hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-~- p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: November 26, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Hain Road Southold, NY 11971 FORH NO. 3 TO~/N:'0F SOuTflOLD 'BUILDING DEPARTMENT SOUT~OLD, N.Y. NOTICE OF DISAPPROVAL October 14, 1998 DATE: . To Chris M. Hatton 430 Cri~onis Path Southold, New York 11971 PLEASE TAKE NOTICE that your application dated August !7 . 98 13000 Main Rd. Mattituck Location of Property ........................................................... .. House No. Street Hamlet County~TaXMap No. 1000 - Section 114 BLOCK II LOT 12 . Subdivision ........................ .... ... Filed Map No .......... Lot No ........ is returned herewith and disapproved on the following grounds .............................. .~..~..~ .~..~ .~s.~.!~A?P?~Y.P~.?Y~P. ~. ??L P~?.!~9.!~.~..~..~!~l~h..~ .... to Article IX, Section 100-91 A, B & Cy 2) Insufficient lot area. In the HB District 20,000 s~. ft. is Pursuant to ArtiCle IX, Section 100-92. ...Th.~.~9~ is aporozi~ately 21,500 sq. ~:.~. is occupied by one tenaant at this tine. EF "I"C/ "SPEC O" RV I/8O Ilo&RD O~ t~Tii ......... ; ..... 3 $11~'$ OF ~I~3S'. ............... SU~VI$¥ ·, ·: .... ., · .'.!.' ~:~ ......... CllgC~ · .... · ....; ....... ~ ...... SLr~TIC 1~01t11 '" 3NSl'~UC'r]OtlS a. 'lhts epplicm;t~ ~u~l; ~ ~le[ely 1111~ i. by ~ri[er or lids n~)l icoCt~. ' d. U~ a~al o[ Ods a~li~Cio~, cl~ l~lld[~ l~cCor viii ~a.~'a~ IS ~ ~ to cl~ ~[ldi~ ~r~nC for ~ ~lati~, for tl~ ~t~tim O[ ~lldi~, ~ltt~ or ~ o[ ~r o[ praise (~ ~ ~ ~ ~ll or lutesC Ii a~)ticm~c is a co.ratio, si~re o~ ~ly ~a~rt~t o[iice~. lO. II. 13. Itu 15. l~r~ o~ ¢~l:~tor .............. ~ .................... /~ldres~ ............................... l~mr~ No ............. Is thia prol~r~y vlthln 300 feet. of a tidal ~land~ * YF.,q .......... rio ,,~. .... Locate clearly and dlat:loat:ly all buildings, ~tlmr exlaclnll or proposed, ~ l~tcal:a all e~t-beck dimensions ~h~tl~r Jflterlor oc cot'ner lot, .... Ixahqt (hJly ~rtJ, (lelxJses omi says that: he ia the aPPl. tcmtl: (,1' said tM*er or o~era~ ~d ta duly ~utl*orl~ed t:o t~rfonn or ht~e l~rfon,ml the ~ld ~rk arm to rake o~l fire this that tim ~rk viii I~ ~r~l lo tim ~nt~r ~ ~rth in U~e fl~ticaci~ fll~ tl~tO~, ($1[~T~t.~,~ ol~ ^pptlcm~t) FOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. ~_l~r~-- Date Fi 1 ed: ~IL~ TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: ~ CZP I (We), Faith Reform Baptist Church 0f 7~_ .M~in Road, M~q]~ Nnll~Oj (Residence, House Ndf and stre~) c/o Patricia C. Moore Esq., 51020 Main Road, Southold NY 11971 (Hamlet, State, Zip Code, Telephone Num~r~ hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE ~X , SECTION ('00~ , SUBSECTION ~ for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): Meeting of persons for worship in meeting hall and office A. Statement of Ownership and Interest. ~,¢K.I//~ ~¢, ~F~'~'~ is(are) the owner(s) of property known and reTerreo to as ~~/-~ ~m~-7 (Rouse No., Street, Hamlet) ~dentl Tax Maps as District lO00, Section//~~, Block // , Lot(s) /2.- , which is not (is) on a subdivision Map (Filed , "Map of ~' Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The property is zoned HB which lists "auditorium and meeting halls" as permitted use, and "Faternal or Social institutional offices or meeting halls" as permitted by Special Exception of the ZBA. C. The property which is the subject of this application is zoned ~ [,5~] ~s cQnsi~¢n~ with the use(s) described in the Certificate of Occupancy being furnished herewith. ~K~- ~.0 L ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss. ' ZB2 (rev. 2/6/86) -~Signatuf'e)' L.7'o,f~' <7. ~e¢/f/- and OWNER FO RMF_.~ OWNER' '~ES. ~t¥ s~,s. VL. F^~ LAN D IMP. TOTAL DATE NEW FARM Tillable 1 Tillable 2 Tillable 3 Woodland Swampland ~" D D i Brushlond KE~ORD ~ARD NORMAL BELOW Acre Value Per Acre ABOVE Value CB. MISC. Mkt. Value ./ C .... FRONTAGE ON WATER FRONTAGEON ROAD HousePIot DEPTH :~ BULKHEAD Total DOCK M. Bldg. Extensio. Extension Extension _P~orch Porch - Breezeway Garage Patio Total /6 J~ Ext. Walls , Place ~tion Bath :loors Interior Finish Heat Dormer Roof Rooms 1st Floor Room Rooms 2nd Floor inette / DR. I' BR. FIN. B. Driveway TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STRE~ 130'00 W~-~,GE E ' FARM Acre Value Per Value Acre Tillable Tillable 2 Filloble 3 Woodland 5wampland FRONTAGE ON WATER 3rushlandl FRONTAGE ON ROAD 4ouse Plot DEPTH Fatal DOCK i t COLOR l TRIM / ~'1:,1'; -:xtension Extension P~rch Porch Breezewoy Garage Patio Total Dinette ~xt, Wolls Bath Floors Interior Finish ~Ploce Heot 'ype Roof Rooms Ist Floor Roo~ Driveway ns 2nd Flora LR. DR. BR. FIN. B. k ucc- Af:T~. 3, 1~2; ~_A¥ ~, 1~2 N.Y. .C~JA~NTE E D ~ CHICAGO TITLE IN~4CE CO.~E g~NE~ December 22, 1999 Fax Transmission to 765-4643 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Variance Appl. No. 4762 and 4626-SE/Faith Reform Baptist Church Dear Mrs. Moore: Enclosed please find a copy of the Board's determinations rendered December 14, 1999. As a reminder, please return to the Building Department and other agencies having jurisdiction, for final approval(s). A copy of the Board's determination was transmitted to the Building Department as an update to their file regarding your request for a Certificate of Occupancy. Very truly yours, Enclosure Copy of Decision to: Building Department Odginal sent by Regular Mail also on 12/22/99. GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. UPDATED PRE EXISTING CERTIFICATE OF OCuumANCY No Z-23703 Date JUNE 14, 1995 THIS CERTIFIES that the buildin~ Location of Property. 13000 MAIN ROAD House No. County Tax Map No. 1000 Section 114 Subdivision C(~4ERCIAL STRU~-ru~ES MATTIT~K, N~W YORK Street Block 11 Lot Filed Map No. Lot No. Hamlet 12 conforms substantially to the Requirements for a Commercial Building built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-23703 dated JUNE 14, 1995 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is TWO COMMERCIAL CEMENT BLOCK STRU~-I'u~ES * The certificate is issued to of the aforesaid building. PET~K A., MARY F. & PETER J. JACQUES (owner) SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N325418 - AUGUST 30, 1994 PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTA~u~D INSPECTION REPORT. NOTE: THIS UPDATES PRE ~O Z-20593 DA'r~u MARCH 16, 1992 Rev. 1/81 FORM NO. 4 TOWN OF S~fBOLD BUILDING D~ARTMENT Office of the Building Inspector Town Hall Southold, N.Y. UPDATED P~E EXISTING UERTIFICATE OF OCCUPANCY No E-23703 Date JUNE 14, 1995 THIS CERTIFIES that the building Location of Property. 13000 MAIN ROAD House No. County Tax Map No. Subdivision CO~ERCIAL BTRUC-&'URE S MATTITUCK, NEW YOEX Street Hamlet 1000 Section 114 Block 11 Lot 12 Filed Map No. Lot No. conforms substantially to the Requirements for a Commercial Building built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-23703 dated JURE 14f 1995 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is TWO C~ElqCIAL ~ BLOCK STRU~-ru~,~S * The certificate is issued to P~'£~ A.f MARy F. & PETER J. Ja~UES (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N325418 - AUGUST 30, 1994 PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTAC~K~ INSPECTION HEPORT. NOTE: THIS UPDATES PRE CO Z-20593 DA'r~u MARCH 16, 1992 Rev. 1/81 LOCATION: SUBDIVISION NAHE OF OWNER (s) BUILDING DEPARTHENT TOWN OF SOUTNOLD DOUSING CODE INSPECTION REPORT 13O0O RAIN ROAD (number & street) HAP NO. PETER A. NARY F. &* PETER g. JACQUES RAI~ITUCK, N.Y. (municipality) LOT(s) OCCUPANCY (type) ADMITTED BY: KEY AVAILABLE SOURCE OF RE~EST: (owner-tenant) ACCOHPANIED BY: SUFF.CO. TAX HAP NO. ]O0O-ii4-ii-i2 Bruce A. Anderson DATE: June I, 1995 DNELLING: TYPE OF CONSTRUCTION FOUNDATION TOTAL ROOMS: IST FLR. BATHROOM (s) PORCN TYPE BREEZEWAY DOMESTIC HOT~ATER TYPE BEAT OTNER: C]8~NT BLOCK CELLAR 2ND FLR. TOILET ROOM (s) FIREPLACE TYPE HEATER WARE AIR 3RD FLR. DECK, TYPE ~ STORIES CRAWL SP~CE I ! EXITS UTILITY ROOM PATIO GARAGE AIRCONDITIONING DOTWATER ACCESSORY STRUCTURES: GAP, AGE, TYPE OF CONST. S~IMfIING POOL OTHER: STORAGE, TYPE CONST. , GUEST, TYPE CONST. VIOLATIONS: CDAPTER 65 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE -- LOCATION DESCRIPTION ART. SEC. REMARKS: BP ~21201-Z - CO Z-23643 ISSUED FOR ALTERATIONS INEPECTED BY ~:~ DATE OF INSPECTION GAR~F i~H TIME START FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-23643 Date MAY 15, 1995 THIS CERTIFIES that the buildin~ Location of Propert~ 13000 MAIN ROAD House No. County Tax Map No. 1000 Section 114 Subdivision Block Filed Map No. ALTERATION Street Hamlet 11 Lot 12 Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 15, 1993 pursuant to which Building Permit No. 21201-Z dated JANUARY 28, 1993 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ALTERATIONS FOR TOILET ROOM (LAVATORY) IN EXISTING OFFICE & STORAGE HUILDINGAS APPLIED FOR. The certificate is issued to PETER A., PETER J., & MARY JACQUES (owner's) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. N325418 PLUMBERS CERTIFICATION DATED Rev. 1/81 N/A AUGUST 30, 1994 APRIL 13, 1995 K & K PLUMBING & HEATING - //ui~ding Inspector ~1 bO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N°-No. 21201Z Permission is hereby grant~J to) ............. at premises Ideated at .- ./...'~...~.....~..~~ ............... ,~-'~.~- ............................................................. County Tax Map No. 1000 Section .../.../...,~., ......... Block ..//... .............. Lot No..,/.~.... ............ pursuant to application dated ......... ~..//.~.... .............................. , 19.~.,, and approved by the Building Inspector. Fee $....~...-~-..~......~ Rev. 6/30/80 ~o~ wa~e~ u PLUMBER CERTIFICATION ON LEAD CONTENT BEFORE CERTIFICATE OF OCCUPANCY SOLDER USED IN' WATER. SUPPLY SYSTEM CANNOT EXCEED 2/10 of 1% LEAD. TOWN OF SOUTIIOLD OFFICE OF BUILDII,IG INSPECTOR P.O. [1OX 728 · TOWN IIALL ~OUTIIOLD. N.Y. 1197l .C, E R.T ~_F 1' C A r T 0 N Date gl~orn.t:o b~l£oz.,j mo ,L. hJ., tiara ~? Pubt'ie,~ounl:7 HELENE D. HORNE Notary Public, State of New York No. 4951364 Ouelified in Suffolk Col Commission Expires Mey 22, I ROBERT H. WHELAN· P.E. P.O. BOX 590 BUNGALOW LANE MATTITUCK, NEW YORK 11~52 516-2~8-5770 May 9, 199q Town of Southold Building Department Main Road Southold, New York 11971 Att: Mr. Gary Fish Ref. North Fork Signs Main Road Mattituck, New York 11952 Dear Sir: Pursuant to your request, please find attached a copy of manufacturers literature for Manville commercial insulation reported to be installed at the above referenced project. the It is my understanding that the material was pressed into place between the new steel studs. In accordance with the manufacturers literature this installation procedure is acceptable if vapor control is not critical. If there are any questions with regard to the above please feel free to call me at the above referenced number. Thank you for your cooperation on this matter. · ~ · Tru Yo ; Wheian, cc: North Fork Drywall & Insulation OUNDATIoN OUNDATTON DUGH FRAME & .PLUMBING I;SULATIO~! PER N. Y. sTATE ENERGY CODE Fi;IAL ADDITIONA'L COMMENTS: 765-1802 765-1802 BUILDING DEPT. BUILDING DEPT. INSPECTION INSPECTION ~BG. [] FOUNDATION 1ST [ R~~OUG" PLBG' [ ] FOUNDATIONtST [ ] FOUNDATION ZND [ ] INSULATION [ ] FRAMING [ ] FINAL _ FOUNDATION 2ND [ ] INSULATION [ ] FINAL [ ] FRAMING REMARKS: LOCATION: 13000 MAIN ROAD (number & stree~ SUBDIVISION MAI' NO. NAHE OF OWNER (s) PETER A. HARY F. &* PETER J. JACQUES TOWN OF SOUTIIOLD IIOUSING CODE INSPECTION REPORT MATTITUCK, N.Y. (munlcipali~y) LOT(s) OCCUPANCY (type) ADHITTEU BY: KEY AVAILABLE SOURCE OF REQUEST: (owner-tenant) ACCOHPANIED BY: SUFF.CO. TAX HAP NO. 100O-ii4-ii-i2 Bruce A. Anderson DATE: June I, 1995 DWELLING: TYPE OF CONSTRUCTION FOUNDATION TOTAL ROOMS: IST FLR. BATtIROOM (s) PORCH TYPE BREEZEWAY DOMESTIC HOTWATER TYPE HEAT OTIIER: CEMENT BLOCK CEMENT SLAB CELLAR 2ND FLR. TOILET ROOM (s) FIREPLACE TYPE HEATER WA~I AIR 3RD FLR. DECK, TYPE { STORIES CRAWL SP~CE I ! EXITS UTILITY ROOM PATIO GARAGE AIRCONDITIONING IIOTWATER ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST. SWIi~IING POOL OTHER: STORAGE, TYPE CONST. , GUEST, TYPE CONST. VIOLATIONS: CIb~PTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION ART. SEC. REMARKS: BP {21201-Z - CO Z-23643 ISSUED FOR ALTERATIONS IN£'PCCTED BY DATE OF INSPECTION~7~~_~ TIME START __ END INTER-OFFICE MEMO TO: FROM: DATE: SUBJ: ZBA Chairman and Members ZBA Staff September 21, 1999 Incomplete Application Submissions The following application(s) have been incomplete for quite some time. Please advise whether you wish to leave the application(s) status quo, as submitted in incomplete form, or whether the applications should be returned to the applicants for re-submission with the required information. The items missing from the application submissions are noted below: Faith Reform Baptist request for Interpretation as to need for a Special Exception Attorney has not submitted a Site layout with Special Exception elements; missing data about current principal use (or uses) of property. (Last communications were 5/13/99 ~,~%' [~) ~_ and again on 9/21/99 stating that site mapping was discussed ~ ~ (,, with Garrett Strang, although no indication was given as to . ^ ~ ,~ _~<~. ') whether Mr. Strang was hired or when the map would be ~ submitted. We are also awaiting a variance application ~based on the October 1998 Notice of Disapproval.) T. Brennan, by ]. Fitzgerald - The application appears complete with the exception of a lot coverage determination and map showing the location of current wetland boundaries. A prior variance was granted years ago regarding excessive lot coverage; a Trustees application has not been submitted for a waiver or wetlands permit.) Please let us know whether you wish to return the applications if the information is not received by October 20. In the interim, the applications will be left status quo (as incomplete). Thank you. 08: 3~ S1676S4643 ....... LAW OFFICES MOORE PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) ?654330 Fax: (516) 765-4643 September 21, 1999 BY FaX. 'n Appeals $outhold Town Zonl g Board of Gerard P. Goehringer 55095 Main Road, p.O.BoX 1179 Southold, NY 11971 Re: Application 4626SE & 4627 Dear Chairman and Board: I am in receipt of your letter dated September 17, 19B9, the Faith Reform Church had discussed with Mr. Strang, Architect preparation of the site map showing parking and access areas. As soon as the map is prepared I will file the additional variance application and we will request that you proceed with the Special Exception or Interpretation. please do not hesitate to contact If you have any questions, me. Thank you. Very truly yours, ~. Moore cc: Chris Ha~ton Mr. Strang APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD September 17, 1999 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Appl. No. 4626SE and 4627 - Pending Requests of Hatton and Faith Reform Dear Mrs. Moore: May we hear from you with respect to the status of the above application (a copy of our June 14, 1999 letter is attached). Also, the record shows that during October 1998 a postponement was requested and received (regarding the Special Exception Interpretation) in order that a variance application could be prepared and submitted, together with seven (7) prints of a site map (showing the parking and access areas). Please advise in writing the status of this project. Thank you. Very truly yours, BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN CC: Building Department Attn: Building Inspector Gary Fish and Ed Forrester, Director of Enforcement (Building Dept.) APPEALS BOARD MEM Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 June 14, 1999 Mrs. Patricia C. Moore, 51020 Main Road Southold, NY 11971 Esq. Re: Faith Reform Baptist Church Dear M'~?J~6~re: In reviewing the above file, it is noted application has been incomplete since its (9-15-98). that the submission Please advise in writing how you wish to proceed. Sincerely, Chairman 18/22/1998 15:37 5167G54543 LAW OFFICES MOORE PAGE 82 PATRICIA C. MOORE ~mboid, Ntw y~ 11971 Td: (516) 76S~330 F~: ($16) 76S~6~3 Sou~hold Tob~ Zoning Board of Appoals Gerard P. Goehringer, C~aimn Southold Tovn Hall 53095 Main Road Sou~hold, NY 11971 no: Faith Refor~ Baptist Church Your office vas kind enough ~o forvard to me a notice of disapproval frae the Build~q EMpar~unt rooeivod by your offics on Ootob~r 22, 1998. ! vould l~efor to have ell variancs applications heard et the same t~. In addition, you have also requested 7 prints of the site plan. After speaking to ny client and the architect we viii need an adjour-~ent of the November hearinq in order to comply with your requests. Thank you in advance for your oooparation. Ver~ truly yours, CC: Chris Hatton APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 October 22, 1998 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Special Exception Application - Faith Reform Baptist Church Dear This will confirm that the request for a Special Exception with Interpretation under Article IX, Section 100-91A(12) has been calendared for a public hearing, and notices as required by Chapter 58 will be forwarded to you within the next few days with the "Legal Notice." Today our office was informed by the Building Department that a variance under Article IX, Section 100-92 (Bulk Schedule) will also required as noted in their Notice of Disapproval. Please let us know if you will be filing the area variance application on or before Tuesday, October 27, 1998 with the additional $200 filing fee, in order that we may request a Resolution adding the additional relief to the November 19, 1998 calendar. If so, we would then be able to forward the Legal Notice for timely mailings as required under Chapter 58 of the Code. Very truly yours, alski Enclosure (Copy of Notice of Disapproval Received 10/22, dated 10/:].4) PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 ~- _ Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 t Rutkowski Re: Faith Reform Baptist Church Dear Chairman and Board members: Your office was kind enough to forward to me a notice of disapproval from the Building Department received by your office on October 22, 1998. I would prefer to have all variance applications heard at the same time. In addition, you have also requested 7 prints of the site plan. After speaking to my client and the architect we will need an adjournment of the November hearing in order to comply with your requests. Thank you in advance for your cooperation. Very truly yours, cc: Chris Hatton --Y-X~ × //kA ~' RRETT. A. STRANG architect; '7 765-~8o9 Z~t tee 765-9064 Z~B~t te~eJ~x. MEMORANDUM TO: FROM: DATE: SUB3: Planning Board Board of Appeals September 22, 1998 Preliminary Recommendations Planning/Zoning Projects Re: Proposed Riqht-of-Way and 280-A Access for fire Vehicles (Five Buildinq Lots) 1000-22-3-22. Our record shows that the Planning Board had/has jurisdiction in this area. Please describe actions or conditions relevant to this project. Thank you. Re: Faith Reform Baptist Use - Existinq Buildinq at 1000-114-11-12. This property is Zoned HB and contains existing building(s). An Interpretation is being requested regarding Section 100- 91A(12), or alternatively a Special Exception under Article IX, Section 100-91B for religious meeting activities. Re: Lpurel Links Golf Course and Sian Variance (On-Site1, Laurel. A Special Exception for Golf Activities has been filed. Variance for a Ground Sign has been filed and is based upon a Notice of Disapproval issued by the Building Inspector for this site. Re: Mr. andr Mrs. Ed Dart. Proposed Set-Off/Division at C.R. 48 and 3070 Peconic Lane, Peconic. 1000-74-3-15. Size of house lot is substandard at 28,400+- sq. re, and vacant land is proposed at 58,000+- s.f. Applicant proposes to retain same rear line as those immediately north. Re: Casa Bianca - Please confirm whether or not there has been any activity within the last 12 months with your department for any proposals. Thank you. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Ha]], 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville September 15, 1998 Zoning Appeal No, L~626 - Faith Reform Baptist Church Transmitted herewith is Zoning Board Of Appeals application for Special Exception q626 - Faith Reform Baptist Church - Also included is updated Pre existing Certificate Of Occupancy dated June 10,, 1995, updated Housing Code Inspection Report, Short Enviornmental Assessment Form, ZBA Questionnaire, Applicant Transactional Disclosure Form, Disclosure signed by William D. Moore dated September 8, 1998 and copy of survey. ,%' PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 september 8, 1998 BY HAND Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Faith Reform Baptist Church ~ 7/~ Main Road, Mattituck Dear Chairman and board members: Enclosed please find a special exception application for the above referenced matter. We would, however, request an interpretation that a special permit is not required in that the Town Code allows "Auditoriums and Meeting Halls" as a permitted use in HB zoning use district. Enclosed please find the following documents: 2. 3. 4. 5. 6. Application for special exception~$~DOj.~ Transactional disclosure form W.D.Moore disclosure Short EAF- SEQRA Questionnaire Proposed site plan Thank you in advance for your assistance in this matter. Very truly yours, a rlcla C. Moore PCM/mr Encls. PROJECT I.D. NUMSER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ~ART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR WHAT I$ PRESENT ~ND USE IN VICIN[~ OF ROJE~? CERTIFY THAT THE iNFORMATION PROVt0ED ASOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete Ine · C°asta! Assessmer~t Form before proceeding with this assessment OVER 1 -(Continued on reverse side) QUESTIONNAIRE FOR FILING WITH YoUR Z.B.A. APPLICATION A. Please disclose the names cf the owner(s) and any other individuals (and entities) having a-financial interest in the subject premises and a description of their interests: ( Separat~e sheet_may be ~a, tta%hed. ) - B. Is the subject premises listed 'on the real estate market for sal~ or being shown to prospective buyers? £ } Yes {~} No. (If Yes, please attach copy of "conditions" of sale.) C. Are there~any proposals to change or alter land contours? { } Yes {~ No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulk. headed between the wetlands area the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office cf the Town Trustees for its determination of jurisdiction? No E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /Jo (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? n//~ If none exist, please state "none." G. Do you have any construction taking place at this concerning your premises? ;Jo if yes, please submit a copy of your building per,it and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? ~/o If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at parcel ~/f~c~ ~-/,'~-~'~ ,~/-d and proposed use ~ ~ ~.e.cr.~,,~e Authorized 'Signature and Date DISCLOSURE I, William D. Moore hereby state pursuant to General Municipal Law Section 809 and Southold Town Code Article 10 the following: 1. An application has been submitted by Patricia C. Moore to the Southold Town Planning Board of Appeals on behalf of Faith Reform Baptist Church. 2. Patricia C. Moore is an attorney duly licensed in the State of New York practicing as a sole practicioner with her own clients. She is not affiliated with my law practice. 3. Patricia C. Moore is my wife. 4. I am a member of the Southold Town Board. 5. I do not directly or indirectly review, discuss or participate to any extent in the matter of Faith Reform Baptist Church before the Southold Town Zoning Board of Appeals. 6. Patricia C. Moore is compensated for her legal services, at an hourly rate, regardless of the outcome of the case, and her fee is not contingent on the results obtained. Dated: September 8, 1997 William D. Moore AI~PL[CAN'[' TIIAN.~ACTJ. ONAI, ])[.~l~l,O.~tll~lg FOII[! The Town o/ Southold'e Code o/ Ethics prohibits conflict , Stowll of/leers a~-~ emP~oyee.. Th lqte~eet o~l the p~t oE purpose off this form is to pro~ide iltfo~mation vbtcb can alert the tOWll off poss~ie COllElict8 cE it to take whatever attic, i9 necessarY to avoid same. ¥OtJit HAHI~ s (Last imams, Elret tlalne, mid(lie I~/RTUIII~ OF RI'i'I,X(.'A'r]~ON, (Check nil that apply. ) Tax Variance Change oE ~one Approval ce plat Exemption erom pi. at ()~ o¢Ciclat map O~ile~ /~~ ~ vhich ~lie ~ovn o:[tee~ or empl()~ee haft even a paretat o*nerahtp ce (o~ emp~()~men~ by) a corporation ~ll vhLch ~he ~ovn o:[tce~ o~ employee ovna more ~ban fJhare8.. / YES NO If you aliswered wYE-~,ff ~()mp/ete tile baIance of this fogm and date and sign vbe~-e llidicated. Name o/ person employed by the 5'own of Southold Title or position og that perso. Describe tbs relatio,ahip betweesl yourself (tile app/icallt) aitd the town of/Leer or employee. Eitiler check the appropriate li~e A} through D) alld/or describe In the apace provided. The town o£/lcer o.r employee or his or her spouse, sibling, parent, or child ie (check all that apply){ A) tbs OWller og great;er thatJ 5% cE bite shares o[ the corporate stock of time applicant (whelt the appticamtt fa a B) the legal or beneEtciat ow~ler o[ al~y interest In a Iloncorporate entity (whel~ the app~[call~ ~8 I~o~ a C) an o~:tcer, director, partner, or employee oe the app~icamlt ~ or D) the actual al)plicRnt. . r{. I)ESCRIPTION OF IIELATION,gUII' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Applieation of (Name of Applicant) · AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- //q - // /~ COUNTY OF SUFFOLK) STATE OF NEW YORK) residing New York, being duly sworn, depose and say that: Onthe --~ dayof fg~C, ,19~,IpersOnallyplaced the Town's official Poster, with the date of hearing and nature of my application, in a secure position npon my property, located ten (10) feet or closer from the street or rigbt-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which he~aring dat~e~s shown to be --~ (Signature) Sworn to before me this ~ day of~ ,19~. (- (Notary Public) · ~smnlas~ ~ Jun~ 1~. -a, o oc~ *near the entrance or drsveway entrance of my property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of Faith Reform Baptist Church (Peter Jacques, Owner) (Names of Applicants) Parcel ID#1000- 114-11-12 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, Karen Klimecko residing at 1265 Brigantine Dr Southold, New York, being duly sworn, depose and say that: On the 2 nd day of December ,19 99, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (X) Assessors, or ( ) County Real Property Office Southold , 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. (Signature) Sworn to before me this 3 dayof December ,1999 (Notar~ Public) ~ ~ Stat~ of k~l'~ I~0. 4982528 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed Thank you. · ¢. · Z 347 555 Hatton Neighbor List SCTM: 1000-114-11-12 Abigal A. Wickham 24085 Main Road Cutchogue, NY 11935 1000-140-3-40 Alan Cardinale P.O. box 77 Mattituck, NY 11952 1000-140-3 -42.2 Andrew D. & John Stype P.O. Box 63 Mattituck, NY 11952 1000-140-3-41 Harry M. & Wf Jaquillard 475 Alois Lane Mattimck, NY 11952 1000-114-11-11.1 Mattituck Park District P.O. Box 1413 Mattituck, NY 11952 1000-114-11-13 Richard Tandy 55 Bayer Road Mattituck, NY 11952 1000-140-3-39 Steven & Louise Busch 9060 Peconic Bay Blvd. Laurel, NY 11948 1000-114-11-15 W.E.J. Associates Main Rd. P.O. Box 1429 Mattituck, NY 11952 1000-114-11-18 William, James & Paul Wilsberg P.O. Box 1429 Mattituck, NY 11952 1000-114-11-17 US Posta~ Service Receipt for CeCil No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent to Ab~ail A. Wickham 24085 Main Rd. Cutcho~ue. NX 11935 Potato $ · 7.7 TOTAL Po~ PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 FILP December 2, 1999 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED Neighbors RE: Faith Reform Baptist Church 1300 Main Road, Mattituck, NY SCTM# 1000-114-11-12 Dear Neighbor: I represent Faith Reform Baptist Church with regard to their property located at 1300 Main Road, Mattituck, NY, New York. They are requesting a Special Exception and Variance to permit ~Meeting of persons or worship in meeting hall and office". We have submitted the required application. The hearing on this matter has been scheduled for Tuesday, December 14, 1999 at 8:00 p.m. at Southold Town Hall. Enclosed is the notice of public hearing and a survey of the site location. If you have any questions, or you wish to support this application, please do not hesitate to contact me. Vej~y~ y yours, ~RSCIA C. MOORE PCM/kk Encls. PATRIClA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (631) 765,-4330 Fax:: (631) 765-4643 Zoning Board of Appeals 53095 Main Road Southold, NY 11971 December 3, 1999 RE: Faith Reform Baptist Church Hearing Date: December 14, 1999 SCTM: 1000-114-11-12 Dear Chairman: Enclosed please find Affidavit of Posting and Affidavit of Mailing with Certified Mail Receipts for the above referenced matter. Very truly yours, PATR'rC[A C. MOORE PCM/kk Encls. FOR BOARD AND STAFF USE Updated New Information ' NOTICE OF PUBLIC HEARIN(~ SOUTHOLD TOWN BOARD OF APPEALS TUESDAY, DECEMBER 14, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the $OLITflOLD TOWN BOARD OF APPEAL~ at the Town Hall, 53095 Main Read, Southold, New York 11971, on TUESDAY, DECEMBER 14, :1.999 at the time noted below (or as soon thereafter is possible): 8:00 p.m. Appl. No. 4626 and 4662 - FAITH REFORM BAP'I'~ST CHURCH (Peter .]acques, Owner). Applicant is requesting a Certificate of Occupancy for "Meeting of persons for worship in meeting hall and office" and has applied for: (A) A Special Exception under Article IX, Section :L00-91B(6), and/or Interpretation under Article IX, Section 100-91A(12) Permitted Uses with regard to use as an "Auditorium or Meeting Hall", and (B) Variances based on the October 14, 1998 Building Department's Notice of Disapproval which states that the application for permit'to occupy part of an existing building as a house or ship is disapproved on the following grounds: "(1) House of Worship is not permitted in an HB District pursuant to Article IX, Section 100-91A, B and C; and (2) Insufficient lot area. In the HB District 20,000 sq. ff. is required for each use, Article IX, Section 100-92. This lot is approximately 21,500 sq. ft. and is occupied by one tenant at this time, see attached site plan." Location of Property: 13000 Main Read, Mattituck, NY; County Parcel No. 1000-114-11-12. The Board of Appeals will at same time and place hear all persons or their representative desiring to be heard or to submit written statements (before the headng is concluded). The hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: November 26, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 11/26/99 Mailed Legal Notices for 12/14/99 hearings to the following: Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 (Re: Poggi, Faith Reform, and Kirsch) 3. Kevin McLaughlin, Esq. (Re: P.o. Box 1210 Southold, NY 11971 Morris) Mrs. Marguerite Schondebare P.O. Box 14580 Southold, NY 11971 Burger Construction, Inc. (Re: Riley) P.O. Box 934 Cutchogue, NY 11935 Mrs. Christina Rivera (Re: Kalogeras) 250 Sound Beach Drive Mattituck, NY 11952 Zoumas Contracting Corp. (Re: Wheeler) P.O. Box 361 Fairway Drive Wading River, NY 11792 Richard F. Lark, Esq. (Re: 28785 Main Road P.O. Box 973 Cutchogue, NY 11935 McLean) Harvey Arnoff, Esq. (Re: Lucey/Santacroce) P.O. Box 329 Riverhead, NY 11901 Gary Flanner Olsen, Esq. P.O. Box 706 Cutchogue, NY 11935 (Frank Field Realty) Suffolk Environmental Consulting, Inc. (Bahrenburg) Main Street P.O. Box 2003 Bridgehampton, NY 11932-2003 and Robert Sorenson Construction, Orchard Street, Orient 11957 Faxed to Suffolk Times 11/26/99 i' "T"AX /A Af~' O \V 1',4 i~ I~-,