HomeMy WebLinkAbout6397
BOARD MEMBERS �rjF sooty Southold Town Hall
Leslie Kanes Weisman, Chairperson �0� Q 53095 Main Road • P.O. Box 1179
Southold,NY 1 1 971-0959
James Dinizio # # Office Location:
Gerard P. Goehringer Q Town Annex/First Floor,Capital One Bank
George Horning �0 i� 54375 Main Road(at Youngs Avenue)
Ken Schneider �'YCoutm,�c� Southold, NY 11971
http://southoldtown.northfork.net REIVE:_'
ZONING BOARD OF APPEALS 4— I ' 3 8
TOWN OF SOUTHOLD
�.,
Tel. (631)765-1809 • Fax (631)765-9064 o 2 4 2L
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF AUGUST 18,2010
ZBA FILE 6397
NAME OF APPLICANT: Maritime Day School, LLC SCTM#1000-102-a24.1
PROPERTY LOCATION: 31095 Main Road and Sterling Lane Cutchogue,NY
SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II category
of the State's List of Actions, without further requirements 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 May 14, 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.
PROPERTY FACTS/DESCRIPTION: Subject property is located on the North side of Main
Road on the west corner of Sterling Lane as shown on partial site plan dated October 20, 2000
prepared by Cronin and Condon, consulting engineers. It is located in a B Zone and the proposed
nursery school is a permitted use. It is an improved parcel consisting of two commercial
buildings and associated parking. It received site plan approval October 31, 1988.
BASIS OF APPLICATION: Request for Special Exception per Code Section 280-13B(4), the
applicant is requesting permission to convert existing office space to operate a nursery school.
ADDITIONAL INFORMATION: According to the code, site plan approval is also required by
the Planning Board. In a memorandum dated July 7, 2010, the Planning Board made the
following comments; the change of use would not require an amendment to the original site plan,
however the following should be part of the special exception:
1. the parking stalls be repainted,
2. provide code compliant ADA handicap parking space with appropriate signage and
designation,
Page 2—Auugust 18,2010
ZBA File#6397—Maritime Day School,LLC
CTM: 1000-102,1-24.1
3. directional arrows to direct ingress/egress as follows;
a. Access furthest east to be ingress,
b. Access furthest west to be egress.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on July 29,2010, at which
time written and oral evidence were presented. Based upon all of the testimony documentation,
personal inspection of the property, and other evidence, and upon review of the code
requirements set forth pursuant to Article XXV Section 280-142 Special Exception Uses,the
Board finds and determines the following:
REASONS FOR BOARD ACTION: On the basis of the testimony presented, materials
submitted,and personal inspections, the board makes the following findings:
A. The use will not prevent the orderly and reasonable use of adjacent properties or of
properties in adjacent use districts. The proposed nursery will occupy a vacant real estate
office. No new construction is being proposed. The school will enroll a maximum of
thirty one children aged two, three and four years old and will only operate Monday
through Friday for half a day,thereby providing a needed service to the community.
B. The use will not prevent the orderly and reasonable use permitted or legally established
uses in the district wherein the proposed use is to be located or of permitted or legally
established uses in adjacent use districts. The proposed nursery school is a permitted use
in the B District where this property is situated, also in the adjacent AC/R-40 and B
districts.
C. The safety, health, welfare comfort, and convenience or the order of the town will not be
adversely affected by the proposed use and its location. Educational uses are inherently
beneficial, and the proposed nursery school will promote rather than detract from the
welfare of the community.
D. The use will be in harmony with and promote the general purposes and intent of the
chapter. ( See B and C above)
E. The use will be compatible with its surroundings and with the character of the
neighborhood and the community in general,particularly with regard to visibility, scale
and overall appearance. The proposed use will occupy an existing but currently vacant
structure. The size and operation of the school is modest as described in"A"above. The
children's outdoor play spaces are completely private and secured by new stockade
fencing
F. All proposed structures, equipment and material shall be readily accessible for fire and
police protection. The owner/applicants are aware of the importance of safety for children
and staff as described in the"Project Narrative and Description of Use"submitted with
their application, and propose to have a staff member located in the student drop off area
to encourage the orderly and safe arrival and departure of the children.
RESOLUTION OF THE BOARD: In considering all of the above factors, motion was offered by
Member Dinizio and seconded by Member Weisman (Chairperson) and duly carried to:
Page 3—Auugust 18,2010
ZBA File46397—Maritime Day School,LLC
CTM: 1000-102-7;24.1
GRANT,the Special Exception permit as applied for:
Subject to the Following Condition:
1. The applicant's shall conform to all recommendations of the Planning Board in their
memorandum dated July 7, 2010 regarding parking and ingress/egress.
Vote of the Board: Ayes:Members Weisman (Chairperson), Dinizio, Goehringer, Schneider.
(Absent was: Member Horning) This Resolution was duly adopted(4-0).
RECEIVED
Leslie Kanes Weisman, Chairperson 14 I
Approved for filing /7 /,10 /2010 AUG 2 42010
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~OARD OF .~PPF_ALS
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BOARD o~ APPEALS
1
L~INING BOARD M~M]BERS
J MARTIN H. SIDOR
,JOSEPH L. TOWNSEND
DON~D J. WILCENS~
To:
From:
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
Leslie Wcisman, ZBA Chairperson
Members of thc Zoning Board of Appeals
Martin H. Sidor, Chair
Members of the Planning Board
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
RECEIVED
BOARD OF APPEALS
Date July 7, 2010
Re:
Request for Amy Buros for H&S Assoc. Realty
SCTM#1000-102-2-24.1 ZBA# 6397
The Planning Board received your request for comments regarding the above application for a Special
Exception to open a nursery school at this site.
It should be noted that the Planning Board has previously reviewed and approved a site plan application
for this site (attached). Based on a determination by the Building Inspector, the change of use to a
nursery school would not require an amendment to the original site plan however the following
information is provided for your review and consideration as part of the special exception:
1. Based on a preliminary review of the plans submitted with this request and site inspection of
the premises, it appears the number of parking spaces for the uses and parking lot circulation
on site is adequate. However, it is recommended for the parking stalls to be repainted.
2. It is further recommended for the applicant to provide a code-compliant ADA handicapped
parking space with appropriate signage and designation.
3. On site drainage, and overall landscaping have been previously reviewed and approved as
part of the original site plan.
4. Due to multiple curb cut access points within the vicinity, directional arrows are
recommended to direct ingress/egress to the site as follows:
a. Access furthest east is recommended to be ingress.
b. Access furthest west is recommended to be egress.
If you have any questions or need additional information, please contact the Planning Department.
cc:
Heather Lanza, Planning Director
Mike Verity, Chief Building Inspector
Kristy Winser, Sr. Planner
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
RECF~VED
MAY 0 Z010
BOARD OF APPEALS
THOMAS A. ISLES, A.I.C.P
DIRECTOR OF PLANNING
May 14, 2010
Town of Southold ZBA
PO Box 1179
Southold, NY 11971
Att: Leslie K. Weisman, Chairman
Dear Ms. Weisman:
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
T-Mobile Northeast LLC #6379
Sutton * #6385
Southold Free Library #639'1
Harkoff #6392
McNamara #6393
Zupa #6394
Duran #6395
Maritime Day School #639?
Cebulski, Farnbach & Fambach #6398
* The driveway and pedestrian easements should be separate and distinct in order to avoid potential conflicts.
TRK:ds
Very truly yours,
Thomas A. Isles
Director of Planning
Theodore R. Klein
Senior Planner
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853.-4044
TO:
Amy Bums for
H & S Assoc. Rlty.
P O Box 768
Cutchogue, NY 11935
TOWN OF SOUTHOLD
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: 05/24/10
RECE~/ED
BOARD OF APPEALS
Please take notice that your application dated April 28, 2010
For permit to operate a nursery school at
Location of property: 31095 Route 25, Cutchogue, NY
County Tax Map No. 1000 - Section 102 Block 2 Lot 24.1
Is returned herewith and disapproved on the following grounds:
Pursuant to Article XXIV, Section 280-13-B-4, Site Plan approval from the Southold Town
Planning Board is required.
Also, Special Exception by the Board of Appeals required.
Authorized Signature
CC: file, Planning Bd., ZBA
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
SOUTHOLD TOWN BOARD OF APPEALS
Phone (631) 765-1809 Fax (631) 765-9064
APPLICATION FOR SPECIAL EXCEPTION
Application No.
Date Files:
I (WE) hereby apply to the ZONING BOARD OF APPEALS, Southold, New York for a SPECIAL
RECE]'VED
8OARD OF APPEALS
EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE V-iTT, SECTION 280-48
SUBSECTION (B) (1) (i.n.cgrporating $c::~c_ion 280-13(B) (4)) .
Owner(s)(as applica.nt): Mc%rxtim~ Day $choDl~ I~C A~plica_n.t (O~'le&-. H & $ .2Ls$ociate$ Y~:~
Mailing Address: C/O Essok8r Hefter & g_nqelt T,LPt 108 East Main Sf~'~t
Telephone: 631-369-1700 Riverhead, NY 11901
NOTE: If applicant is not the owner, state if auulicant is owner's attome~ a~ent architect, builder,
contract vendee, etc. Esseks, FI~fter & Angel, ~f/
Authorized Representative: Anthony C. Pasca, Esq.
Address: 108 East Main Streetr Riverheadt NY 11901
Telephone: 631-369-1700
For the below-described property for the following uses and purposes (and as shown on the attached plan
drawn to scale): (attach separate sheets if needed)
Conversion of existing office to nursery school use.
A. Statement of Ownership and Interest:
H & S. ~sociates Realty, ~ is (al~ the owner(t0 of property known
and referred to as 31095 blain Road, Cutchoque, NY
(House No., Street, Hamlet)
identified on the Suffolk County Tax Maps as District 1000, Section 1OZ , Block 2
Lot(s) 24.1 , which is not (ig) on a subdivision Map ~ ,~f
The above-described property was acquired by the owner on June 17 t 1980
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
therefore in said ordinance and would not be detrimental to property or persons in the neighborhood
for the following reasons: see attached addendtan and na_r~a'c.J.ve
C. The property which is the subject of this application is zoned B and
IX] is consistent with the use(s) described in the Certificate of Occupancy(copy attached).
[ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following
reason(s):
[ ] is vacant land.
COUNTY OF SUFFOLK)
SS.:
STATE OF NEW YORK)
Sworn to before me this 29~tay of April
(~0ta?~ Fubifc) (
ZBA2 (rev. 2/06)
~C. Pasca
, 2010
ELIZABETH SI'tESS
No~rY publiC, Sta~e ot New
No, 4811949
Ouallfled in Suifolk COtlnI~
(3omrnisaion Expires September
Applicant:
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Maritime Day School, LLC Date Prepared: April 29, 2010
I. For Demolition of Existing Building Areas
Please describe areas being removed:
None
RECEIVED
~OARD OFAPPEALS
II. New Construction Areas (New Dwelling or New Additions/Extensions): None
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
Is basement or lowest floor area being constructed? lfyes, please provide height (above ground)
measured from natural existing grade to first floor: N/A
III. Proposed Construction Description (Alterations or Structural Changes)-No S~-uetural Changes Proposed
(attach extra sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations: Two floors, used as a
real estate office.
Number ofFloors and Changes W1TH Alterations: Two floors to be used as a
nursery school as per attached floor plans.
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property: unknown
Proposed increase of buitding coverage: None
Square footage of your lot: 1 acre
Percentage of coverage of your lot by building area: ~
V. Purpose of New Construction:
NO n~ construction is proposed.
VI. Please describe the land contours (rial slope %, heavily wooded, marsh area, etc.) on your land
and ho~tArelates to the difficulty in meeting the code requirement(s):
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 ZBA APPLICATION
Is the subject premises listed on the real estate market for sale?
Yes X No
Are there any proposals to change or alter land contours?
X No Yes please explain on attached sheet.
RECEZVED
~O~Ro OF 4pPE41.$
1 .) Are there areas that contain sand or wetland grasses? No
2.) Are those areas shown on the survey submitted with this application? N/A
3.) Is the property bulk headed between the wetlands area and the upland building
area?
4.) lfyour 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~
and if issued, please attach copies of permit with conditions and approved survey.
Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea level? N/A (No c~or~t~'u¢'~.on proposed)
Are there any patios, concrete barriers, bulkheads or fences that exist that are not
shown on the survey that you are submitting? No Please show area of the
structures on a diagram if any exist. Or state none on the above line.
Do you have any construction taking place at this time concerning your
premises? No .lfyes, please submit a copy of your building permit and survey as
approved by the Building Department and please describe: No
Please attach all pre-certificates of occupancy and certificates of occupancy for the
subject premises. If any are lacking, please apply to the Building Department to either
obtain them or to obtain an Amended Notice of Disapproval.
Do you or any co-owner also own other land adjoining or close to this parcel? No
If yes, please label the proximity of your lands on your survey.
Please list present use or operations conducted at this parcel vacant: real est:ate office
and the proposed use nursery school
· (ex: existing single family, proposed: same with
garage, pool or other)
Esseks, Hefter & Angel, T,T,P
Spril 29, 2010
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
(FOR SUBMISSION BY OWNER andOWNER'S AGENT)
RECEIVEo
The Town of Sonthold's Code of Ethics prohibits conflicts of interest on the part of Town officed~OAt~/n.,
and employees. The purpose of th s form is to prowde ~nformat~on, which can alert the Town of APPEALS
possible conflicts of interest and allow itto take whatever action is necessary to avoid same.
YOURNAME:
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other entity, such as a company. If so, indicate the
other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
Tax Grievance
Variance
Special Exception X
If "Other",
name the activity:
Change of Zone
Approval of Plat
Exemption from 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 X
Complete the balance of this form and date and sign below where indicated.
Name of person employed by the Town of Sonthold:
Title or position of that person:
Describe that relationship between yourself (the applicant) and the Town officer or employee.
Either check the appropriate line A through D (below) and/or describe the relationship in the space
provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that
apply):
A) the 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~2~ day of Aprilt.~010
Sign ature: ~, ~_~.,~
Notary ~ub~[~[ ~$w Yo~
Quali~ in 5~lk ~unty
Commis~on ~pi~ Sept. 20, ~0 Il
APPLICANT/AGENT/REPRESENTATIVE RECEIVED
TRANSACTIONAL DISCLOSURE FORM
this form is to urovidc information which cea alert the town of possible conflicts ofinte~st and allow it to take whatever action is
YOUR NAME: /~ ~f\M
(Lsat name) first name, middle initial, unless you are applying in the name of
NAME OF APPLICATION: (Check all that apply.)
Tax grievance Building
Variance Tms~e
Change of Zone Coastal Erosion
Approval of plat Mooring
Exemption from plat or official map Planning
Other
(If "Other", name the activity.)
Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee
of the Town of Southeld? "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
o
in whick the town officer or employee owns more than 5 ~ of the shares.
YES NO ~
Il'you answered "YES", complete the balance of this form and date and sign where indicated.
Name of person employed bY th~ Town of Southold
Title or position of that person
Describe thc relationship between yotwself (the applicant/agent/representative) al~ the town officer or employee. Either check
the appropriate line A) through D) and/or describe in the space provided.
The town officer or employee or his or her spouse, sibling, parent, or child is {check alt that apply):
__A} the owner of greater than 5% of thc sheres of thc corporate stock of thc applicam
(wheal thc applicant is a coq}oration);
__B) thc legal or beneficial owner of any interest in a non-cerporate 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
Form TS I
S.ubmitted this ~..~:~_day of ~¢ I ~ 20.~ lO
S,gnature ~.__(~xc~.. cJ.'~.)..
Prlnt Name ~) ./L~IXA \/ ~2~Ca<_
Special Exception Application
Project Narrative and Description of Use
Maritime Day School, LLC
Directors: Amy Burns
Britta Dominy
Proposed location: 31095 Main Road, Cutchogue, NY 11935
R~CEIvED
~OARD OF APPeAl$
I. Overview of Use
Maritime Day School, LLC is a private preschool that has been
operating since September 2008 (at 320 Depot Lane, Cutchogue). This
preschool offers a theme-based comprehensive half-day program for children
ages two, three, and four. The school provides families of the North Fork
community with a preschool option that includes developmentally, age'
appropriate exposure to literacy, social studies/world cultures, math, science,
character development, movement and art enrichments, while preparing each
child for the demands at the elementary level. Children participate in
lessons through play, socialization and informal teacher-directed lessons.
The Maritime Day School, LLC offers families a new option in
preschool education. Not only does this school provide its students with a
solid foundation that acts as a stepping stone in their elementary years, but
it also is linked with the community, by offering programs which encourage
investment and unity for all ages. The program is not based on the
commercialization or franchising of early childhood education, but on shared
concerns and values found unique to our community and state.
Maritime Day School, LLC is registered with the New York State
Education Department. The following is a description of the scope of the
program, although the expectations are naturally subject to the actual needs
of the community.
~ECE~iVED
II. Description of Use of* Site
This preschool will occupy the entire building located at 31095 Main~OaR~ OFAPpE,~L$
Road, Cutchogue, ~ (formerly, a Centmw 21 Office). A sketch of the floor
plan for its usage of space is attached for the Board's reference.
A. First Floor
· Reception area, which will include a parent information center
and greeting area, children's coat and personal belongings
cubbies, and the reception office.
· A large room that will house the four year old classroom, the
three year old class, and science area
· Two year old classroom
· Literacy/World Cultures room
· Art room
· Two lavatories that are both handicapped accessible
· Kitchen (food preparation only)
· Snack room
B. Second Floor
· Yoga/music/movement room
C. Outdoor Access
· Two fenced in play areas
· Flower and vegetable gardens
D. Storage
· Within the building, there are several large closets available for
storage. Extra storage is also available in the basement which
can only be accessed through the "Bilco" doors on the west side
of the building.
E. Exits
· The building has a total of three exits. There is one exit that is
located in front of the building, facing the parking lot. The
remaining two exits face the back of the building. One of these
2
R£CE~VED
BOARD OF APPEALS
exits is on the back NE side of the building and provides access
to one of the fenced'in play areas. The other exit is also in the
back of the building, and provides access to the second play area
and gardens. These exits can also be used as emergency exits.
III. Parking
A parking area with a total of 14 spaces for staff and parents will be
available directly outside of the building. The entire parking area is reserved
for Maritime Day School, LLC only.
To ensure the utmost safe conditions for drop-off and pick'ups, the
following procedures will be in effect all school year and for any extra-
curricular programs provided by Maritime Day School, LLC.
· A flexible arrival and dismissal schedule will be in place to avoid
a congested parking area. Children may arrive at the building
as early as 8:45am even though the students' day does not
officially begin until 9:15am.
· A drop-off/pick-up area will be provided for Maritime Day School
families if parents choose to escort their child into or out of the
school.
· A staff member will be located outside in the parking area
during all arrival times to assist children out of their vehicle and
safely into the building. Communication between the outside
staff member and another designated staff member inside of the
building will take place with the use of walkie-talkies.
Based on the school's experience at its current location (320 Depot
Road), the parking area is expected to be more than sufficient to
accommodate the school's needs.
IV. Staffing, Enrollment, Hours
A. Staffing:
Maritime Day School, LLC is comprised of two directors: Amy
Burns and Britta Dominy. In addition to directorship roles, Mrs. Burns and
3
Mrs. Dominy also hold head teacher positions for the four year old and two
year old classrooms. Additional staffing includes a third head teacher for
OF AppeALS
three year old class, and two teacher assistants. Based on enrollment and
classroom needs, staffing may be added to accommodate such needs.
B. Enrollment
Maritime Day School, LLC is prepared to accommodate a
maximum of thirty-one children each day, Monday through Friday. The four
year old class will be comprised of no more than fifteen students. The three
year old class will hold no more that ten children, and the two year old class
will be comprised of no more than six children. Each class will have an
assistant or co-teacher.
C. Operating hours:
The school calendar will follow Southold UFSD school calendar
from September to June. The school also expects to offer summer pre-school
programs and enrichment programs throughout the year. No classes will be
held on the weekends.
Doors will open at 8:45am for early drop-off of students.
Children will be dismissed no later that 12:15pm. The school will remain
open for business purposes, as well as serve as a planning and preparation
time for the teachers until no later than 5:00pm. Later hours may result for
special programs and family events.
4
ADDENDUM TO ZBA APPLICATION OF MARITIME DAY SCHOOL, LLC
For Special Exception Permit Under § 280-48(B)(1)
Dated: April 29, 2010
;~OARD OF APPEALS
This application seeks a special exception permit from the Board of Appeals
under § 280'48(B)(1) of the Code of the Town of Southold to allow the Applicant (H
& S Associates Realty, LLC, as owner and Maritime Day School, LLC, as
prospective tenant), to utilize an existing office, located at 31095 Main Road,
Cutchogue, as a nursery school. The application only involves a change of use of
existing space; no new construction is proposed. The building that would house the
nursery school is a vacant real estate office.
The Maritime Day School currently exists and has been operating at 320
Depot Lane, Cutchogue, since September, 2008, pursuant to ZBA special permit
dated July 21, 2008 (copy attached). The application seeks a new special permit to
allow the school to relocate to a new property, which will more ably serve the
school's needs, and allow its modest expansion from approximately 26 students per
day to 31 students per day. The new site, unlike the existing site, will also allow
the school to operate in its own space, without the need to share facilities (i.e. a
parking lot) with other operations. Although the ZBA has recently granted
Maritime Day School a special permit at the 320 Depot Lane property, this
application is necessary because special permits are "property specific" and cannot
be simply "transferred" without a new special permit being issued.
The preschool does not require any license from the State because it is not
going to operate more than three hours per day. Under the N.Y. Social Services
Law, preschools that operate three hours or less are exempt from the licensing
requirement otherwise applicable to child care facilities. See Social Services Law §
390. The State Education Department did approve the formation of the Maritime
Day School, LLC (as an entity), and there is a separate procedure available through
the State Education Department for the voluntary registration of nursery schools.
The Maritime Day School has not applied for such voluntary registration, though it
may do so at some time in the future.
The proposed site is located in the "B" general business zoning district, where
nursery schools are permitted as a special exception use. See § 280-48(B)(1),
incorporating the uses set forth at section 280-13B(4), which includes "nursery
school." The code defines a nursery school as follows:
NURSERY SCHOOL -- A building or buildings, together
with any accessory uses, buildings or structures, used as
an organized instructional facility for five or more
enrolled children under six years of age other than the
~ECE~VED
children of the resident family and not furnishing
sleeping facilities except to the resident family.
~OARD O,F APPEALS
As described in more detail in the annexed "Project Narrative and Description o~
Use," the proposed use qualifies under the code definition of "nursery school."
Unlike many other special exception uses, the code does not contain any
specific conditions or permit criteria that apply to nursery school uses. A body of
State law does, however, create certain presumptions to which all educational uses
are entitled. Additionally, to the extent that the "general standards" for special
permits in section 280-142 and the "Matters to be Considered" in section 280'143
are applicable to this application, the following will list each of the subdivisions of
those sections followed by the reasons why this application meets those criteria.
I. State Law Presumptions Favoring Educational Uses
As explained in the annexed "Project Narrative and Description of Use," the
mission of the Maritime Day School, tLC is the education of children between the
ages of 2 and 5. The school is not "child care" facility as defined in the zoning code.
Educational uses, by their "very nature," have been found by the New York
Court of Appeals, to be "in furtherance of the public morals and general welfare."
Ne~v York l~st. o£Tecl~., I~¢. v. Boutillier, 33 N.Y.2d 125, 131,350 N.Y.S.2d 623,
629 (1973); Ne~g Yor]~ lrst. o£Teet~rology g. Ruclcgaber, 65 Misc.2d 241,317
N.Y.S.2d 89 (Sup. Ct. 1970). Educational institutions are presumed to be
"inherently beneficial' to the public, and therefore the total exclusion of such
institutions "serves no end that is reasonably related to the morals, health, welfare
and safety of the community. Since a municipality's power to regulate land use is
derived solely from its right to use its police power to promote these goals, such
total exclusion is beyond the scope of the localities' zoning authority." Cornell Univ.
~. Bagnardi, 68 N.Y.2d 583, 594, 510 N.Y.S.2d 861, 866 (1986)(citations omitted)
If a proposed educational use would "actually detract from the public's
health, safety, welfare or morals... [then] the institution may properly be denied."
Cornell, 68 N.Y.2d at 595, 510 N.Y.S.2d at 867. However, the beneficial effect of
such uses is "presumed" and must be "rebutted with evidence of a significant impact
on traffic, congestion, property values, municipal services and the like." Id.; see also
Trustees of Union College v. Members of Schenectady City Council, 91 N.Y.2d 161,
667 N.Y.S.2d 978 (1997)(wholly excluding educational uses from a particular
district improper; applicant is entitled to opportunity to have its "presumptively
beneficial educational use weighted against competing interests"); Town o£Islip v.
Doveling College, 275 A.D.2d 366, 367, 712 N.Y.S.2d 160, 161 (2d Dep't
2000)(educational uses enjoy special treatment with respect to residential zoning
ordinances because they "presumptively serve the public's welfares and morals").
II. General Special Exception Standards: §280-142
RECEWED
A. That the use will not prevent the orderly
and reasonable use of adjacent properties or
of properties in adjacent use districts.
3oAreD OF APpI:A£~
The use, which is described in more detail in the annexed "Project Narrative
and Description of Use," is of such a scope that it cannot reasonably be expected to
prevent the orderly and reasonable use of adjacent properties. No new construction
is proposed, and the use of the existing but vacant office will have a positive effect
on the economic stability of the neighborhood. It should be noted that the Town
Board has legislatively determined that "nursery schools" are permitted as special
exception uses not only in the B district where this property is situate, but in all of
the Town's residential districts, including the AC and R-40 districts, which are
adjacent to the east and north of this property.
B. That the use will not prevent the orderly
and reasonable use of permitted or legally
established uses in the district wherein the
proposed use is to be located or of permitted
or legally established uses in adjacent use
districts.
See response to subdivision "A."
C. That the safety, the health, the welfare,
the comfort, the convenience or the order of
the town will not be adversely affected by the
proposed use and its location.
Far from having adverse effects, the purpose of this application is to allow the
continued operation of a nursery school, whose purpose is to fulfill a community
need for preschool options. As explained above, educational uses are inherently
beneficial and entitled to a presumption that they will promote, rather than detract
from, the general welfare of the community.
D. That the use will be in harmony with and
promote the general purposes and intent of
this chapter.
See response to subdivision "C.'
E. That the use will be compatible with its
surroundings and with the character of the R~C~I~/EI)
neighborhood and of the community in
general, particularly with regard to
visibility, scale and overall appearance. ~oA~o OFAPP£AL$
In addition to the general presumptions of compatibility to which this use is
entitled (see above), the use will be compatible with the character of the community
in terms of visibility, scale, and overall appearance. The use is for an existing but
currently vacant structure. The scale of the school, as described in the annexed
narrative, is minimal, as it will consist of only three classes, with a total of up to 31
children. The only "visible" portion of the use will consist ora small outdoor play
area and a vegetable/flower garden area, both of which will be fenced to secure the
safety of the children. (See floor plan sketch).
F. That all proposed structures, equipment
and material shall be readily accessible for
fire and police protection.
No new structures are proposed. The applicants will work with the building
department to ensure that all appropriate safety measures will be taken. The
property is benefited by a Certificate of Occupancy issued in connection with a
relatively recent renovation of the real estate office (2001).
III. "Matters to be Considered": § 280-143
A. The character of the existing and
probable development of uses in the district
and the peculiar suitability of such district
for the location of any of such permitted
uses.
As discussed above, educational uses are entitled to a presumption that they
are consistent with the character of the community, and the Town Board has
legislatively determined that nursery schools are permitted as special exception
uses not only in the subject RO district, but in all of the adjacent districts (AC and
R-40).
B. The conservation of property values and
the encouragement of the most appropriate
uses of land.
Again, the nursery school is entitled to a presumption that its use is
appropriate, and that presumption can only be "rebutted with evidence of a
4
significant impact on traffic, congestion, property values, municipal services and the
like." Cornel], 68 N.Y.2d at 595, 510 N.Y.S.2d at 867. ~J~CEIV£D
C. The effect that the location of the
proposed use and the location that entrances
and exits may have upon the creation or
undue increase of vehicular traffic congestion
on public streets, highways or sidewalks to
assure the public safety.
~OARD OF APPEALS
The school will utilize the sole existing entrances and exits to the property
from the Main Road. The parking within the site is described further in the
annexed narrative. In light of the small size of the school (up to 31 students per
day) and limited operational hours, the use will not have any noticeable impacts on
traffic.
D. The availability of adequate and proper
public or private water supply and facilities
for the treatment, removal or discharge of
sewage, refuse or other effluent (whether
liquid, solid, gaseous or otherwise) that may
be caused or created by or as a result of the
use.
The nursery school use is replacing an existing office use. Based on the
SCDHS tables for sanitary flow, the proposed use is believed to have smaller flow
requirements than the office it is replacing and thus requires no SCDHS permit for
the change of use. See SCDHS Standards for Sewage Disposal Systems and
SCDHS Policy 10 ("Change of Use").
E. Whether the use or the materials
incidental thereto or produced thereby may
give off obnoxious gases, odors, smoke or
soot.
The school use will not produce any obnoxious gases, odors, smoke, or soot.
F. Whether the use will cause disturbing
emissions of electrical discharges, dust, light,
vibration or noise.
The nursery school use will not cause any disturbing emissions of electrical
discharges, dust, light, vibration or noise.
G. Whether the operation in pursuance of
the use will cause undue interference with
the orderly enjoyment by the public of
parking or of recreational facilities, if
existing or if proposed by the town or by
other competent governmental agencies.
RECEIVED
BOARD OF APPEALS
The use will utilize only on-site parking.
H. The necessity for bituminous-surfaced
space for purposes of off-street parking of
vehicles incidental to the use and whether
such space is reasonably adequate and
appropriate and can be furnished by the
owner of the plot sought to be used within or
adjacent to the plot wherein the use shah be
located.
The existing parking area is more than adequate for the proposed use.
Additional details about the on-site parking are being provided.
I. Whether a hazard to life, limb or property
because of fire, flood, erosion or panic may be
created by reason of or as a result of the use
or by the structures to be used therefor or by
the inaccessibility of the property or
structures thereon for the convenient entry
and operation of fire and other emergency
apparatus or by the undue concentration or
assemblage of persons upon such plot.
The site is well suited for the small nursery school (31 students). The school
will have 3 exits.
J. Whether the use or the structures to be
used therefor will cause an overcrowding of
land or undue concentration of population.
No such effect can be anticipated under these circumstances.
6
K. Whether the plot area is sufficient, RECEIVED
appropriate and adequate for the use and the
reasonably anticipated operation and
expansion thereof.
~OARD OF APPEALS
The site is well-suited for the proposed usel In fact, other than minor interior
renovations, the existing building requires no significant structural modifications to
accommodate the use.
L. Whether the use to be operated is
unreasonably near to a church, school,
theater, recreational area or other place of
public assembly.
The proposed use is a school and thus is consistent with all such uses.
M. Whether the site of the proposed use is
particularly suitable for such use.
As discussed above, Applicant believes that the site is particularly suitable
for the use.
N. Whether adequate buffer yards and
screening can and will be provided to protect
adjacent properties and land uses from
possible detrimental impacts of the proposed
use.
Given the pre-existing conditions of the site, the Applicants believe that no
detrimental impacts will be created by the proposed change of use.
O. Whether adequate provision can and will
be made for the collection and disposal of
stormwater runoff, sewage, refuse and other
liquid, solid or gaseous waste which the
proposed use will generate.
The use will not create any extraordinary waste that cannot be easily
accommodated.
7
P. Whether the natural characteristics of
the site are such that the proposed use may
be introduced there without undue
disturbance or disruption of important
natural features, systems or processes and
without risk of pollution to groundwater and
surface waters on and off the site.
~ECE~vED
~o~o OF APPEAL~ '
As discussed above, the site, with its existing, vacant structures, is already
well-suited for the proposed use.
IPROJECT I,D. NUMEER I 617,20 SEQR
Appendix C
State Environmental Quality Review 8OARD OF APpE.4[~
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
.PART I--PROJECT INFORMATION ('To be completed by Applicant or Project sponsor)
· ~ 1. APPLICANT/SPONSOR
Aqent: Esseks, ~¢f~er & Angel, T,T,P
I 2. PROJECT NAME
Maritime Day Schoolr LLC
3, PROJECT LOCATION:
Munl=lpallty Town of Southold County Suffolk
4. PRECISE LOCATION (Streel address and toad Imersections. prominent landmarks, etc.. ct provide map)
31095 Main Road, Cutchogue, Town of Southold
SCi~4 No.: 1000-102.00-02.00-024. 001
E. iS PROPOSED ACTION:
[~ New [] Ex!~anslon [] Modlflcatlon/altsFatlo. Change of Use
6. DESCRIBE PROJECT BRIEFLY:
Applicant8 se~.k a special ~rmit to all~ the ~istir~j buildin~ on the subject
proport7 tDl:~ usocl as a nursery school. No
7. AMOUNT OF LAND AFFECTED:
Iflltl&lly l. 0 ~c~'eS UItlm&lel¥ 1.0 ac:rna
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER E~JSTiNG LAND USE RESTRICTIONS?
[] NO If NO. describe brtelbf
Subject to special pezmit review by ZBA.
WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
:~ Residential [] lndusttlil [] Corn m~'clal
[] AgrlcuBure
10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOV/OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL
STATE OR LOCAL)?
[] Yes [~ No I! yes. list age~$) and
11. DOES ANY ASPECT OF THE ACTION NAVE A CAJRRENTLY VALID PERMIT OR APPROVAL?
[] yes [~] No If yes, Iisi agellcy name and iaem~lt/N)pfovll
12. AS A RESULT OF PROPOSED ACTION W~LL EXISTING PERMmAPPROVAL REQUIRE MODIFICATION?
[]y. i-]No Not applicable.
, CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
/~.eks, Hefter & Angel, LLP
,,p,~.us~o.~ ,am,-/A~thony C. Pasca, Esq. pat.: 4/29/10
I If the action Is in the Coastal Area, end you sm a state agency, complete the I
Coastal Assessment Form befors proceeding with this assessment
I
OVER
PART II--ENVIRONMENTAL ASSESSMENT To be completed by Agency)
D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA?
E. IS THERE, OR [S THERE L~KELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRDNMENTAL IMPACTS?
~ Yes [] NO If Yes, explain Driefly
PART III--DETERMINAT10N OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTION~: For each adverse eflect iclentiiied above, determine whether ~t is substantial, large, important or othe~vise significant.
E&ch eftect should be assessed in connection with its la) setting [i.e. urban or rural); lb) probability o1 occurring; lc) duration; (d)
irreversibility; (e) geographic scope; and (t) magnitude. It necessary, add attachments or reference supporting materials. Ensure that
explanations contain sulticient detail to show that all relevant adverse impacts have been identilied anti adequately addressed. If
question D of Part II was checked yes, the determination and significance must evaluate the potential impact pt the proposeP action
on the environmental characteristics of the CEA.
[] Check this box if you have identified one or more potentially large or significant adverse inflS,acts which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
[] Check this box if 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:
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
SoutholdTown.NorthFork.net
Examined ,20
Approved _, 20
Disapproved edt ~'adfi_ fffldtD
PERMIT NO.
BUILDING PERMIT APPLICATION CHECKLISI
Do you have or need the following, before applying?
Board of Health
4 sets of Building Plans
Planning Board approval
Survey_
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Flood Permit
Storm-Water Assessment Form
Contact:
Mailto: O,(~. ~c~( -'l to ~
I
p~fiell o,-'-.,,'bc_.hoqtxe/ t',,'¥ Ilq~
one: qOI- 7di'~- 6~tv~!
Expiration 20__
Building Inspector
~1 ~?[~ 2 8 20~D /L..~PLICATION FOR BUILDING PERMIT
I~~ Ii Date /4t;>r ~ l 2 ~' __
INSTRUCTIONS ~ ,20 to
~h'cation MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other re,relations affecting the
property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suflblk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections.
(Signatu~ of applicant or name, ifa corporation)
(Mailing address of apI~cant) [ I q~ ~
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
Name of owner of premises .O')O.r3-,C'ov'al ~, ~--r-' e-03O rq n
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
1. Location of land on which proposed work will be done:
~rd~e Number Street ~' Hamlet
County Tax Map No. 1000 Section / 02_ Block 2- Lot .2q. /
Subdivision Filed Map No. q '7 ~ ~ ~'9 Lot
State existing use and occupancy of premises and intended use and q.ccupancy of proposed construction:
a. Exisfing use and occupancy /VG occ. uoanc v . -J- rm ll a_ re l e_ 4 4e c2'f'l'c
~ t ' I ~ I/
b. Intended use and occupancy
Nature of work (check which applicable): New Building
Repair Removal Demolition
Estimated Cost
If dwelling, number of dwelling units
If garage, number of cars
Addition
Other Work
Fee
Alteration
(Descnptton)
(To be paid on filing this application)
Number of dwelling units on each floor
If business, commercial or mixed occupancy, specify nature and extent of each type of use.
I
Dimensions of existing structures, if any: Front
Height. Number of Stories
Rear Depth
Dimensions of same structure with alterations or additions: Front
Depth Height. Number of Stories
Rear
8. Dimensions of entire new construction: Front
Height Number of Stories
Rear Depth
9. Size of lot: Front
Rear Depth
10. Date of Purchase A//R Name of Former Owner..----- ~/ql
11. Zone or use district in which premises are situated ~
12. Does proposed construction violate any zoning law, ordinance or regulation? YES
13. Will lot be re-graded? YES __
NO
NO / Will excess fill be removed from premises? YES__
NO /
14. Names of Owner of premises ._~OOffoc6[ ~'-~lemar~ddress
Name of Architect ~ Address
Name of Contractor Address
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__
* IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet of a tidal wetland? * YES NO__
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
Phone No.
Phone No
Phone No.
NO /'
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
18. Are there any covenants and restrictions with respect to this property? * YES
· IF YES, PRO,VIDE A COPY.
STATE OF NEW YORK)
SS:
. _~x~f~ being duly sworn, deposes and says that (s)he is the applicant
(Na~e of individual signing contract) above named,
~ CONNIE D. BUNCH
S He is the
( ) No ............
(Contractor, Agent, Corporate Officer, etc.) Qualified in Suffolk County
Commission Exoires AI)dl 14, 20
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Sworn to before me this, · _
~ ~5--'~ day of ~.~ 20 I C)
Notary Public
(f SiCre of,~ppl~ant
TOWN OF $OUTHOLD PROPERTY RECORD CARD
OWNER . . STREET .?,~;~[--{,,~ viLLA'GE DIST. SUB. LOT ,~.
ACR. '' REMARKS
~ ~_ ,
PROP.
FRONTAGE ON WATER TILBBLE
FRONTAGE ON'ROAD WOODLAND
DEPTH M~DOWLAND!
BULKH~D HOUSE/LOT
j
TOWN OF SOUTHOLD PROPERTY RECORD CARD
/0oo.-/oZ. 2 - 2,-/'
OWNER ~'"~' .;~;C)q,5 WLU, e£ mST. SUe. m'r ~
S W ~PE OFBUILDtNG ~'
~S. ~73 S~S. VL. FARM ~ CB. MICS. Mkt. Value' ~X /~:
~N~ ~MP. TOTAL oAr~ ~<S
COLOR
TRIM
1~ 02~2
M. Bldg. &,,]~, .= ~ ~ ~ ~.~o ~ Foundation ~ Fin. B. Bath ~ Dinetm
Extension ~asem~t ~ ~ F{oors Kit.
~tension Z~ 5~8 ~ Ext. Walls ~ [nlerior Finish 5~¢~ L,R.
xr~ensi°n ~ ~/~ ~ooo /~0o ~ooo Fi~ Place._. ~ Heat 0~ D.R.
o~ ~;~= = ~ ~ Wo~ove BR.
~orch Gl E~ ~ Z~Z ~c. Dormer Bathe
Deck Doc~ Fam. Rm,
Garage
O.B..
Pool
Town of Southold
~ECEZ~/ED
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
~oARD OF APPEALS
All applicants for 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 to supplement other information 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 thc 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 thc LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to thc 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# 102.00 . 02.00_ 024.001
The Application has been submitted to (check appropriate response):
TownBoard [] Planning Dept. [-~ Building Dept. [] Board of Trustees []
Zoning Board
of Appeals
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. gram, loan, subsidy)
(c) Permit, approval, license, certification:
Nature and extent of action:
Applicants seek a special permit to allow the existing building on
the subject property to be used as a nursery school. No ne~z
construction is proposed.
RECEZVED
31095 Main Road, Cutchogue, New York
Location of action:
Site acreage:. 1 acre
Present land use: c(mlr~rcial
Present zoning classification: B
80ARD OF A PPEA~
If an application for the proposed action has been filed with the Town of Southold agency, the following
information shall be provided:
(a) Name of applicant: Esseks, Hefter & Angel, T,T,P, as agent for owner and applicant
108 East Main Street, Riverhead, New York 11901
(b) Mailing address:
(c) Telephone number: Area Code ( )_ 631-369-1700
(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?
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 ora coastal location, and
minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation
criteria.
[] Yes [] No ~ (Not Applicable - please explain)
Application does not involve coastal locations, open space, or new construction.
Applicants are simply seeking to use existing vacant ccmmercial space for a
nursery school.
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section Ill - Policies Pages 3 through 6 for evaluation criteria
[] Yes [] No ~] (Not Applicable - please explain)
App±~cation Ooes not involve hismoric or arct~eologlc~l resources.
RI CEI'VED
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
Yes [] No ~ (Not Applicable - please explain)
,s
Application does not involve scenic resources and does not propose any new
construction.
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)
Application does not propose any construction and does not ~ffect an_v
natura~ resoLLrces ~
Attach additional 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 applicable- please explain)
Application will not impact waterquaiity a~ supply.
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. Sec LWRP Section III - Policies; Pages 22
through 32 for evaluation criteria.
[-~ Yes [] No V~ (Not Applicable - please explain)
AppLication wiil not ~raPact town ecosystems.
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies
Pagea 32 through 34 for evaluation criteria. See Section HI -Policies Pages; 34 through 38 for evaluation
criteria.
[~ Yes [] No ~-~ (Not Applicable ± Please explain)
Application will not affect air c~1~t¥.
Artac}~ 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)
Application will not 5mpact solid waste and will not 5nvoive hazardous
substances and waste.
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)
Application does not involve coastal waters, public ~ands, or pubLi~
resources of the town.
Attach additional sheets if necessary
WORKING COAST POLICIES
RECEIVED
BOARD OF Ap[~F. gh$.,~ndent uses
Policy 10. Protect Southold's water-dependent uses and promote siting of new warer-,,~.~ in
suitable locations. See LWRP Section III -Policies; Pages 47 through 56 for evaluation criteria.
[] Yes [] No ~ (Not Applicable - please explain)
Application will not impact town's water-dependent uses, and will not prcmote
water-dependent uses.
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic
Estuary and Town waters. See LWRP Section HI -Policies; Pages 57 through 62 for evaluation criteria.
~ Yes [] No [] Not Applicable- please explain
App;~cation will not af£ect sus~ nable use of ii~inq marine resources.
Attach additional sheets if necessary
Policy 12. Protect agricultural lands inihe Town of Southold. See LWRP Section III - Policies; Pages
62 through 65 for evaluation criteria.
[] Yes [] No ~ Not applicable - please explain
App±lcatlon wl±± not a~ect protection ol agrlCUltura± lan~s ~n Town o~
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III - Policies; Pages 65 through 68 for evaluation criteria.
[] Yes [~ No [] Not Applicable - Please explain
Application will not impact use and deveopment of enery and mineral resources.
CARMELA M, DI TALIA
NICA B. STRUNK
LISA J. ROSS
Esseks, HEFTER & ANGEL, LLP
COUNSELORS AT LAW
108 EAST MAIN STf~eET
P. O. E~ox 279
RIVERHEAD, N.Y. 11901-0279
(631) 3691700
April 29, 2010
WATER MILL OffICe
MONTAUI~ HIGHWAY
P. O. Box 57o
WATER MILL, N.Y. If976
(63t) 726-6633
A£CEIVED
~OARD OF APPEALS
Via Hand Delivery
Town of Southold
Zoning Board of Appeals
54375 Main Road
Southold, NY 11971
Attention: Vicki Toth
Re: Application of Maritime Day School, LLC
Premises: 31095 Main Road
Cutchogue, New York
SCTM No.: 1000-102.00-02.00-024.001
Dear Ms. Toth:
We represent Maritime Day School, LLC, prospective tenant of the above premises, and
we submit on its behalf an original and seven (7) copies of the following application materials,
together with a check in the amount of $400.00 payable to the Southold Town Clerk:
1) Application for Special Exception to the Southold Town Zoning Board of Appeals;
2) Owner's and Applicant's Consents;
3) Transactional Disclosure Form;
4) Project Description;
5) Questionnaire;
6) Project Narrative and Description of Proposed Use;
7) Addendum to ZBA Application of Maritime Day School;
8) floor plan sketch;
9) copy of ZBA Special Permit dated July 21, 2008;
10) copy of Certificate of Occupancy dated May 15, 2001;
11) photographs;
Southold Town Zoning Board of Appeals
April 29, 2010
Page Two
~E!CEZ1/ED
12) LWRP Consistency Assessment Form;
13) Short Environmental Assessment Form; and
14) Survey and Site Plan.
80A,~D OF APPEALs
Thank you for your attention to this application. It is imperative that we be included on
the Board's July agenda, in order to allow the school to open (if the special permit is granted) in
September, so please contact me if you require any additional information, and I will make sure
it is provided promptly.
Ver~urs,
flows
Enclosures
April 29, 2010
Town of Southold
Zoning Board of Appeals
54375 Main Road
Southold, NY 11971
Re: Premises ofH & S Associates Realty, LLC
31095 Main Road, Cutchogue, NY
Dear Sir/Madam:
I, Sanford Friemann am a member ofH & S Associates Realty, LLC, the owner of the
property identified as SCTM No. 1000-102-2-24.1 in Cutchogue, New York and hereby
consent to the application being made by Esseks, Hefter & Angel, LLP on behalf of
Maritime Day School, LLC to operate a pre-school facility at the premises identified as
SCTM No. 1000-102-2-24.1 and owned by H & S Associates, Realty, LLC.
H & S Associates Realty, LLC
S ~nforff/Fnemann, Member
Sworn to before me this
da~ ~
Notary Public ~ t
PENNY BEDELL
Notary .P. u bl~,..S,.t a~ ~,~f., ~, w York
~ualifled in Suffolk Countyr/
Com[m~sion Expires Sept. 29, ~
April 29, 2010
Town of Southold
Zoning Board of Appeals
54375 Main Road
Southold, NY 11971
Re: Special Permit Application of Maritime Day School
31095 Main Road, Cutchogue, NY
Dear Members of the Board:
I, Amy Bums, am one of the co-principals of the Maritime Day School, LLC, along with
Britta Dominy, the other principal of the Maritime Day School, LLC. Maritime Day School,
LLC is the prospective tenant of the premises at 31095 Main Road, SCTM 1000-102-2-24.1,
which is the subject of the pending application for a special exception permit from the ZBA. I
hereby consent to the application and authorize Esseks, Hefter & Angel, LLP to act as agent for
the Maritime Day School, LLC and handle all necessary work involved in the special permit
processwiththeZoningBoardofAppeals. ,~.~ ~_
Amy B~s
Sworn to before me this day of April, 2010.
'Nt~i~ry Public ~
PENNY BEDELL
Notary Publ.[c.~..~)t..e,.~f., .N~ w York
Qualified in Suffolk Co_u_nty 3 ~'~ t
Commission Expires Sept, 29,
APPEALS BOARD MEMBERS
Gerard E Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Mailing Address:
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 1 i971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
RECEIVED
FINDINGS, DELIBERATIONS, AND DETERMINATION aOARO OF APPEALS
MEETING HELD JULY 17. 2008
ZBA APPLICATION # 6170
APPLICANT/TENANT: MARITIME DAY SCHOOL CTM PARCEL# 102-2-12.6
PROPERTY LOCATION: 780 Depot Lane (and Main Road), Cutchogue, NY
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that thi.~ review falls under the Unlisted
Action category of the State's l,i.qt of Actions, without au adverse effect on the environment ff
the project is implemented as planned.
SUFFOLK COUNTY ADM/NISTRATIVE CODE: This application has been referred as
required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the
Suffolk County Department of Planning reply dated June 24, 2008 states that the apphcation
is considered a matter for local determination as there appears to be no significant county-
wide or inter-community impact.
PROPERTY FACTS/DESCRIPTION: The subject property is located in the Residential Office
Zone District and is improved by an exishng office, health club and preexisting residence.
BASIS OF APPLICATION: Town Code, Chapter 280 (Zoning), Section 280-38B(1).
SPECIAL EXCEPTION USE REOUESTED: Ttds is a request for a special exception
authorization to utilize an existing office as a Nursery School, on premises that is part of a
larger site that also includes a health club and a preexisting residence. The day school will be
a private preschool that will offer a theme based comprehensive half-day program tbr children
under the age of five. The portion of the premises to be occmpied by the nursery school was
last occupied as a dentist's office.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on June 26, 2008 at
which time written and oral evidence were presented. Based upon all testimony,
documentation, personal inspection of the property, and other evidence, and upon review of
Page 2 - July 17, 2008
ZBA# 6170 -Maritime Day School
CTM 102-2~12.6
RECEZVED
BOARD OF APPEALS
the code requirements set forth pursuant to Article X~V Section 280-142 Special Exception
Uses, the Board finds and determines the following:
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted,
and personal inspections, the Board makes the following findings:
A. The use will not prevent the orderly and reasonable use of adjacent properties or of
properties in adjacent usc districts. The proposed nurscry school will occupy a vacant office
space on two floors of an existing health club/office building. No new construction is being
proposed. The school will enroll twenty'six 2, 3 and 4 year old children and will only operate
its program for half a day, thereby providing a needed community service.
B The use will not prevent the orderly and reasonable use of permitted or legally estabhshed
uses in the district wherein the proposed use is to be located or of permitted or legally
estabhshed uses in adjacent use districts. The proposed nursery school is a permitted use in
the t~O district where this property is situate and also in the adjacent R'80, R-40 and HB
districts.
C. The safety, health, welfare, comfort, convenience or the order of the town will not be
adversely affected by the proposed usc and its location. Educational uses are inherently
beneficial, and the proposed nursery school will promote rather than detract from the welfare
of the commumty
D. The use will be in harmony with and promote the genera] purposes and intent of this
chapter. See "B" and "C' above
E. The use will be compatible with its surroundings and with the character of the
neighborhood and of the community in genera], particularly with regard to visibility, scale,
and overall appearance. The proposed use will occupy existing but currently vacant
structures. The size and operation of the school is modest as described in "A" above and the
only visible portion of the use will be a small outdoor play area and garden.
F. All proposed structures, equipment and material shall be readily accessible for frre and
police protection. The owners/applicants are aware of the importance of safety for children
and staff as described in the Project Narrative submitted with thei~ application and they are
working with the Building Department to ensure compliance with all life safety codes. The
applicants propose to have a staff person available outdoors in the parl~ing lot, which is
improved with paving, drainage, designated parking spaces and safe ingress and egress, to
ensure the safety of all children who are being dropped off or picked up from the nursery
school.
RESOLUTION OF THE BOARD: In considering all of the above factors, motion was offered
by Member Weisman, seconded by Member Dinizio, and duly carried to
Page 3 - July 17. 2008
ZBA # 6170 - Maritime Day School
CTM 102-2-12.6
RECEIVED
SU~,~T TO THE
G~T ~e Spe~ Ex~p~on pe~t ~ appSed for m ~
FOLLO~NG CO~ION:
For the s~e~ of the ~hildren who ~ a~nd the ~m~o~d n~se~ school, the
owners/ap¢hc~ts ahall construct a fen~ enclos~g ~ outdoor ~ea associated with
~e operation of s~d n~se~ school.
Vo~e or~ ~o~d: ~y~: ~ C~go~~, O~C~om~¢; ~io,
Weisman, ~d S~on. T~s ~soluhon w~y adored ~?( /~ //
/ / ~ ~_/ / , ~
~rd P. ~e~ger, ~hm~--
Approved for Ffl~g 7-21-08 /
FROM : FRIEMAhmN
FAX NO. : 2~96424992
~OZM NO. 4
2010 05:30PM P!
TOMN OF SOUTHOL~
BUI I111N{] I~ P~TI~T
Office of the Bu/ldln9 ~nBpector
TOW~ Hall
Southold, N.Y.
CSR?TFICA'I~ OF OCCUPItI~fY
~0:Z~27682
_~J~_~ ~ that the ~i~,~ ~IC~
L~catim of ~q: 31095 ~ ~
(~ ~. ) (~)
~ ~ ~ ~o. 473889 ~ 102 ~ 2,
=fo~ s~st~tially to the ~ltca~ion for B~ldi~ Pe~t
was ias~d, ~ ~nfo~ to all o~ the req~nce o~ ~he ~lic~le
p~isi~ of ~e law, ~e occupan~
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Clerk's Office
Southold, N.Y.
Certificate Of Occupancy
~'ECE~vED
'~OARD OF AppEALS
No.. Z 9979 Date .. ,Tune 17 .... 19..8~.
THIS CERTIFIES that the buildln~ ................................................
Location of Pro~,~, ~1095 Main Road, Cutcb. o~ue
County Tax Map No. 1000 Section .. ~ ~ ....... Block ,.. ~ .......... ~t .... ~ ...........
Sub,vision ............................... Filed Map No ......... Lot No ..............
req~r~en~ for ~ellings & ~l~ngs ~il~ prior to
confo~s subst~tially to
Certificate off
........ ~T~ .~ .... m .~Tpursuant ~o~~c~z ~79
dated ...~..~ ................ ]9 ~, was i~ued, and conforms to a~ of thc requirements
of the applicable provisions of the law. ~e occupancy for w~ch t~s certificate is issued is ......
~ (~) P~e-~sttng Non Habitable ~e~s ~d ~ecel[~ous
a Ce~ificate of Occ~c7 Z2~ was issued for ~ edition ~ ~e
~se~ Re~l 8~re, Certifica~e of Occ~cy Z7~10 for a 10' X 8'
Ore~ouse, Ce~ifica~e of 0cc~c7 Z~8 for a Shade St~c~e
A~lon ~d Ce~ificete of C~ll~ce for a ~l~E Pe~lt 97~57
foe a fence, ~e P~ Of ~s ~ises Sou~ Wes~ of ~erli~
(Approx~ate 152 X 1~20 fee~) la la ~e ~1 Zoned District.
rest ts in the A Resid~l~ ~d A~tc~ Zoned Dis~ic~.
of thc a~o~csaid building.
Suffolk County Depa~ment of Health Approval .... ~/~ ..................................
U~ERWR[TERS CERTIFICATE ~O.
Building Inspector
TOWN OF $OUTHOLD
Building Department
Town Dlefkl Office
Southold, N. Y. 11971
APPLICATION FOR CERTIFICATE OF OCCUPANCY
^. This application must be filled in typewriter OR ink, and submitted in DUPLICATE to the Bu;Iding
inspector with the fallowing; for new buildings or new use:
1. Final survey of property with accurate location of all buildings, property lines, streets, and
unusual natural or topographic features.
2.Final approval of Health Dept. of water supply and sewerage dispasal--(S-9 form or equal).
3.Approval of electrical installation from Board of Fire Underwriters.
4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and
installations, a certificate of Code compliance from the Architect or Engineer responsible for
the building.
5.Submit Planning Board approval of completed site plan requirements where applicable.
B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing"
land uses:
I. Accurate survey of property showing all property lines, streets, buildings and unusual natural
or topographic features.
2.Sworn statement of owner or previous owner as to use, occupancy and condition of buildings.
3.Date of any housing (nde or safety inspection of buildings or premises, or other pertinent in-
C. Fees:
1. Certificate of occupancy $§.00
2. Certificate of occupancy on pre-ex~stlng dwelling or land use $§.00
3. Copy of certificate of occupancy $1.00
Date ........0:~ ~,...t..6.. ,....~..9. ~.q .........
New Building ................ Addition ................ Old or Pre-existing Building ~ ........ Vacant Land ..............
Location Of Property n/w/s of Main Road, Cutchogue~ New York
Owner Or Owners Of Property .......~.&,]:.]z..~a.,,~...~..,....S.~'.~T,.~,~..~ ...................................................................
Subdlvisian ................................. .n.../..a.. ....................... Lot No ............. Block No ............. House No .............
Permit No ..................... Date Of Permit .................... Applicant ..................................................................
Health Dept. Approval ........................................... Labor Dept. Approval ................................................
Underwriters Approval .............................................. Planning Board Approval ........................................
Pre-gxis cing Use
Request Far Temporary Certificate ........................................ Final Certificate -~cxx
Fee Submitted $ .~.t.,0..0. .........................
Construction on above described building and permit meets ali aoplicab~e c~des and regulations.
Applicant ..... ?*~.i .~..' ~/~ - -.~y .~ · - .1~. · ~.i.]~ ~[-~ -.%~, ~... '~ ~,~-~:.~ '~* '~. a S
........ -' attorney for William ~.
Sworn to before me this ~ Sterling
...~.6...t..h..... day o~..~....t:~...e.. ............................ (stamp or seoJ) C, IlJ/~) ~
RECEz"VED
aOARD OF APPEALS
OWNER: FRIEMA/NN, SANDORD
USE/DESCRIPTION
B.P.#2820Z BUILD~DDITION
473889 102.-2-24
NUMBER# DATE TYPE
2820 7/22/65 PERMIT
7322 6/12/74 PERMIT
9119 3/25/77 PERMIT
9745 5/24/78 PERMIT
15603 12/30/86 PERMIT
17346 8/24/88 PERMIT 24022
17530 10/14/88 PERMIT
19385 9/11/90 PERMIT
20104 8/26/91 PERMIT 20364
o/oo/oo
B.P.#7322Z BUILD GREENHOUSE
B.P.~9119Z BLD. ADDITION
B.P.~9745Z ERECT FENCE
B.P.#15603 ALTER STORE
B.P.#17346 CONST. ADDITION TO
B.P.#17530 CONST. COMMERCIAL
(CUTCHOGUE AUTO PARTS} BP #193
STORAGE BUILDING BP #20104-Z I
Fl=More F7=Permit Detail F8=Co Detail Fg=Preco F12=New Swis/Parcel F3=Exit
RECEZVED
80ARD OF APPEALs
/
AGRICULTURAL DATA STATEMENT
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
[FI-IEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site
plan approval, use variance, or subdivision approval, on property within an agricultural district OR within
500 feet of a farm operaiion located in agricultural distric~ All applications requiring an agricultural data
statement must be referrell ~o the Suffolk County Department of Planning ~n accordance with Sections 239-
m and 239-n of the General MUnicipal Law.
2) Address of Applicam:
3) Name afl.and Owner. (if other than applicant):
4) Adi~ess of Land Owner:
5) Description of Proposed Project:
6) LocationofProperty(roadandtaxmapnumber): [0P ? Zcj, [
7) Is the parcel within an agricultural district? []No ~'~es If yes, Agricultural District Number
" · []tqo I ¥es
8) Is this parcel acnvely farmed.
9) Name and address of any owner(s) of land within the agricultural district dontaining active farm
operation(s) lOcated 500 feet of the boundary of the proposed project. (Information may be available through
the Town AssesSors Office, Town Hall location (765-1937) or from any public 9omputer at the Town Hall
locations by viewing the parcel numbers on the Town of Southold Real Property Tax System.
N~m~ an~ Address
(Please uke back.side of page if more than six property owners are identified.)
The lot nUmbem may be obtained, in advance, when requested from eithei' the OffiCe of the Planning Board al
· 765-1938 or the Zoning Board of Appeais at 765-1809.
'~ote:/~f/gigh~tt}re of Applicant Date
1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed acti6~
on ~eir farm operation. Solicitation will. be made by supplying a copy oftNs statement.
2. Comments returned to the local board will be taken into consideration as pan of the or.all review of this application.
3. Copie~ of the completed Agricultural Data Statement shall be sent by applicanl md/or the clerk of the board to the property owners
identified above. The cost for mailing shall be paid by the applicgnt at the time the application is submitted for review. Failure to pay at
such time means the application is not complete and cann6t be acted upon by the beard,
1-14-09
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
(FOR SUBMISSION BY OWNER and OWNER'S AGENT)
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers
and employees. The purpose of this form is to provide information, which can alert the Town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
Anthony C. Pasca, Esq.
YOURNAME: Esseks, Hefter & Angel, LLP
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other entity, such as a company, lfso, indicate the
other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
Tax Grievance
Variance
Special Exception X
lf"Other",
name the activity:
Change of Zone
Approval of Plat
Exemption from 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 X
Complete the balance of this form and date and sign below where indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Describe ~at 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.,e~l~j,'~y_.of April, 2010
Signature:/'.,~
Print NanSe: Andy C. Pasca
BOARD OF APPEALS
TOWN OF SOUTHOLD
Supervm~
Town Hall, 53095 Main Road
P.O. Box 1179
Telephone (516~ 765-1800
Appl. No. 3987
ACTION OF THE BOARD OF APPEALS
Upon Application of S.H. FRIEI43tNN & OTHEP~. Variance to
the Zoning Ordinance, Article X, Sections 100-102 (Bulk
Schedule) for approval of insufficient frontage (lot width} {aa
excists} along the Main Road of proposed Lot 93 and for approval
of insufficient lot depth of proposed Lot #2, in this pending
minor subdivision, and for approval of access according to New
York Town Law, Section 280-A over a private right-of-way. Zone
Districts: B-General Business and Agricultural ConserVation.
Location of Property: North Side of Main Road. Cutchogue, NY;
CoU~lty Tax Map Parcel ID NO. 1000-102-2-24. Total area: 19.596
WHerEAS, a public hearing was held on November 29, 1990,
and all those who desired to be heard were heard and their
testimony recorded; m/id
WHEREAS, the Board has carefully considered all testimony
and documentation s~itted concerning this application; and
WHEREAS, Board Members have personally viewed and are
lam/liar with the premises in question, its present zoning, and
the surroundin9 areas; and
WHEREAS, the Board made the following findings of fact:
1. The portion of the subject premises which is under
jurisdiction in this variance application consists of
approximately 82,880 sq. ft. a/~d is located in the "B" General
Business Zone District. The remaining 17.693 acres is located
in the "A-C" Agricultural-Conservation Zone District.
Page 2 - Appl. No. 3987
Matter of S.H. Friemann & others
Decision Rendered ~ce~aber 13, 1990
The area of land under consideration in this variance has a
frontage of 132.0 feet along the north side of State Route 25
(a/k/a Main Road) in the Hamlet of Cutchogue, Town of Southold.
The width of the remaining (rear) section {referred to as Lot
%1} is 683.44 feet {inclusive of easements}.
2. The subject premises as exists:
(a) contains a total combined lot area of 19.596
(b) are improved with structures as more particularly
shown on the plan prepared by Roderick VanTuyl, P.C. dated
Nove~Der 1, 1990.
3. Article X, Section 100-102, (Bulk Schedule) of the
zoning code regulations (as amended January 9, 1989) requires a
minimum lot depth of 150 feet and minimum width of 150 feet per
lot.
4. The relief sought by this application are variances for
approval of:
(a) proposed southerly lot referred to herein as Lot
%3 with a lot width (frontage) of 132.00 feet, inclusive Of
easements or right-of-way (or 117+- feet exclusive);
(b) proposed center lot referred to herein as Lot %2
with a total lot area of 40,192 sq. ft., inclusive of right-
of-way or easements;
(c) access to Lot %2 and Lot %1, over a 22 ft. wide
right-of-way, half Of which is shown to be located upon premises
of the applicant and the other half upon premises of S & E
Realty Co. {parcel to the east referred to as 1000-097-5-012}.
5. For the record, it is noted that the condition of the
right-of-way is excellent without the necessity for further
improvements at this time, except, however, that the entire
access road must be maintained at a minimum width of 18 feet
(without obstruction) for sufficient maneuvering and access b~
emergency (fire) vehicles.
6. In considering this application, the 8oard also finds
and determines: (a) the relief as gra/%ted is substantial in
relation to the requirements; (b) the evidence submitted and
practical difficulties claimed are sufficient to warrant a
Page 3 - Appl. No. 3987
Mattar of S.H. Friemann & others
Decision Rendered December 13, 1990
grant of this variance; (c) there will be no substantial
change in the character of the neighborhood, and a precedent
would not be set since the shape and character of this land has
existed since before the enactment of zoning in 1957; (d) the
difficulties cannot be obviated by some method feasible to the
appellant to pursue, other than a variance; (e) that in view
of the manner in which the difficulties arose, and in con-
sidering all the above factors, the interests of Justice will be
served by granting the variance, as conditionally noted below.
Accordingly, on motion by Mr. Dinizi¢, seconded by
Mr. Goehringer, it was
RESOLVE~, to ~RANT the relief as requested (and noted in
paragraph ~4, supra), in the Matter of the Application of H & S
ASSOCIATES (S.H. FRIEMAN & OTHERS) under Appl. No. 3987, SUBJECT
TO THE FOLLOWING CONDITION:
That the access right-of-way be meintained in good
condition to a minimumwidth of 18 feet (without obstructions)
for the entire length for sufficient manueverability by fire and
emergency vehicles (pursuant to the requirements of New York
Tow~ Law)..
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
~rigonis and Dinizio. This resolution was duly adopted.
lk
RECEIVED AND FILED BY
Tb~ SOUTHOLD TO%%1~ CLERK,
DATE
· GERA~D P. GOEHRI/~GER,~RMAN
Town C]~:~k, Town
Town of Southold
P.O Box 1179
Southold, NY 11971
Date: 05/04/10
Transaction(s):
1 1
* * * RECEIPT * * *
Application Fees
Receipt~: 79002
Reference Subtotal
6397 $400.00
Check#: 1243
Total Paid: $400.00
Name:
Maritime, Day School
P O Box 768
Cutchogue, NY 11935
Clerk ID: CAROLH Internal ID: 6397
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
May 6, 2010
Zoning Appeal No. 6397
Transmitted herewith is Zoning Appeals No. 6397 Esseks, Hefter & Angel LLP for Maritime
Day School~ LLC - the Application to the Southold Town Zoning Board of Appeals for Special
Exception. Also enclosed is the Applicant's Project Description, Questionnaire, Transactional
Disclosure Form, Project Narrative and Description of Use, Short Environmental Assessment
Form, LWRP Consistency Assessment Form, Cover Letter from Esseks, Hefter & Angel, LLC,
Letter from Sanford Friemann (Property Owner Consenting to the Application for Maritime Day
School, Authorization Letter from Amy Bums to Esseks, Hefter & Angel LLP to Represent
Maritime Day School in this Matter, 2 Pages of Floor Plans Showing Layout of School, Copy of
Board of Appeals Determinations No. 6170 Dated July 17, 2008, Certificate of Occupancy No Z-
27682 Dated May 15, 2001, Certificate of Occupancy No Z-9979 Dated June 17, 1980,
Application for Certificate of Occupancy Dated June 16, 1980, List of Permits for Property,
Three Pages of Photos of Property, Copy of Survey of Property Dated October 20, 2000
Prepared by Cronin & Condon Consulting Engineers, Copy of Survey of Property Dated July 23,
1988 Prepared by Lawrence M. Tuthill.
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
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, JULY 29, 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 1179, Southold, New York 11971-0959, on THURSDAY, JULY 29, 2010:
10:40 A.M. - MARITIME DAY SCHOOL (H & S Assoc. Realty, LLC.) #6397 - Request for
Special Exception per Code Section 280-13B(4), the applicant is requesting permission to
convert existing office space to operate a nursery school at: 31095 Route 25, Cutchogue.
SCTM#1000-102-2-24.1.
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 contact our office at (631) 765-1809, or by email:
Vicki.Toth~,,Town. Southold. ny. us.
Dated: July 1, 2010
ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIRPERSON
By: Vicki Toth
54375 Main Road (Office Location)
53095 Main Road (MailinglUSPS)
P.O. Box 1179
Southold, NY 11971-0959
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.northfork.net
June 30,2010
Re: Town Code Chapter 55 - Public Notices for Thursday, July 29, 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 July 14th:
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 all 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 returned to you undeliverable, you are requested
to make other attempts to obtain a mailin.q 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, prov d n.q the returned letter to us as soon as possible;
AND not later than July 21st: 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 July 21st: 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 Posting for receipt by our office before July 27, 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.
STATE OF NEW YORK) ~0'~..~0 ^
) SS:
COUNTY OF SUFFOLK) vP4.°,o'e.-
Karen Kine of Mattituck, in said county, being duly sworn,, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, In the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1__ week(s), successively, commencing on the
15t~ dayof July~ 2010.
'Prihcipal Clerk
Swom to before me this ~/ dayof //r~/'~''~ 2010.
CHEISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
NO, 01-V06~05050
NOTIC
OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME
MAP #
MARITIME DAY SCHOOL LLC (H&S
REALTY) #6397
102-2-24.1
VARIANCE SPECIAL EXCEPTION
REQUEST Business Use as Pre-School
DATE: THURS,JULY 29, 2010 10:40 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
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Application of
Z~aritime Day School, LLC ~--~.
(Name of Applicants)
CTM Parcel #1000-
AFFIDAVIT
OF
MAILINGS
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
[, David P. Moore .,. Main Road, Orient
· restamg at_
, New York, being duly sworn, depose and say that
On the 12~h da3, of_ July 2010 I persoaally mailed at the United States
Post Office in_ Riverhead ~ New ~orlq by'CERTIFIED IvLAIL, RETURN RECEfi?T
REQUESTED, a true copy of the at/ached Legal Notice in prepaid envelopes addressed to
current owners shown on the current assessment roll verified from the official records on file
w/th the 0:.i~ Assessors, or ( ) County Real Property Office _, for every
sP~u~r%eun~ nW ~it~he ~bp; l~ ca~dt ,;; par(or[~ Pub 1i¢ ° r ~r d,
(Signature)
Sworn to before me tiffs David P. Moore
/,R ~"- day of July ,201~10
No. 4811940
Comm~OUanee~ ~ Su~Ok Court/ _
PLEASE list, on the back of this Affidavit or on a sheet 0f paper the lot numbers next to the
.owner names and addresses for which notices were mailed. Thank you.
MARITIME DAY SCHOOL, LLC
List of Property Owners
l O00-09Z 00-05. 00-012. 000
Serota Cutchogue, LLC
c/o David Cronheim
Attn: J. Tmglio Mortgage Co.
Bank Code 4115
PO Box 807
Chatham, NJ 07928
1000-102. 00-02. 00-023. 006
Sandra J. Meyer
PO Box 1168
Cutchogue, NY 11935
1000-103.00-01.00-019. 012
Lav-Cor Agrucultural, Inc.
Att: Davidoff Malito, LLP
Howard Present
605 Third Avenue, 34th Floor
New York, NY 10158
1000-103.00-01.00-001.000
James Homan
PO Box 738
Cutchogue, NY 11935
1000-102. 00-02. 00-024. 002
H & S Associates Realty, LLC
PO Box 398
Cutchogue, NY 11935
Postage
Cedrfied Fee
Total Postage &' Fees
o. POSoxNo. PO BO× 398
..~;~,.~ate,.2~is;;¢ .....................................................
Cutchogue, NY 11935
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery
(Endorsement Required)
Total Postage & Fees
S andra Meyer
................................................
BOX 1168
............................................................
{Endorsement Required)
(Endorsement Required) '
Sent To Lav-Cor Agricultural, Inc. I
At~: Dav~d~f~ Ma~, T,T~ /
[ ~%i;~;~Y'~ '--'~"~r~ ....................... J
' ' York, 10158 /
- ' ......... ~IIFI
· 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 Pack of the mailpleco,
or on the front if space permits.
H & S Realty Associates,
PO Box 398
Cutchogue, NY 11935
2. Article Number
PS Form 3811, February 2004
B. Received by (PMntedName)
D. Is dailvefy address dffee~ from Jtern
If YES, enter delivery address below:
ri No
3. Se~lce Type
IX~ Cert/fied Mail [] Express Mall
I-I Insured Mall r'l C.O.D.
4. Restricted Dallvefy? (Extra Fee) I-I Yes
7001 0320 0003 64~;9 4tS2
Domestic Retum Rece~pL
· Complete items 1, 2, end 3. Also complete
Item 4 if Restricted Delivery Is desired.
· Print your name and address on the reveres
so that we oan return the cord to you.
· Attach this card to the back of the mallpiene,
or on the fro~t if ebace permits.
O ~gent
[] Addressee
'P, fnted Name)
D. I~ d~k~y address dh%~mnt from ~em 17
If YES, ester dallve~y addm~ below, []No
Lav-Cor ~ricoltural, Inc.
A/~N: Davidoff Ma1 ~ to, LLP
Howard Present
605 Third Avenue, 34th Fl.
N~ York, NY 10158
PS Form 3811, February 2004
3. Sa~c~'P/pe
~ Certt?md Mall I-I Expmaa Mall
0 Reg~te~d [] Return Recalpt for Mercha~t~e
[] Insured Mall [] C.O.D.
4. Restricted Delivery? (Extra Fee) [] Yea
7001 0320 0003 6459 4169
Domestic Return Receipt
· Complete items 1, 2, end 3. Also complete
Item 4 if Restricted Delivery is desired.
· Print your name end address on the reverse
so that we cen return the card to you.
· Attach this card to the back of the mailpiace,
or on the front if space permits.
If YES, er~e~ daih~ety address below:. [] No
Agent
DOD
JMes Homart
PO Box 738
Cutchogue, NY
gmn~er f,,3,. ~v~e ra~0
PS Form 3811, Fe~uary 2004
11935
3. Service'lype
:~ Certified Mall [] Express Mall
[] Registered [] Retum Re~alpt for Mercharxlise
[] Insured Mall [] C.O.D.
4. Restricted Delivery? (Extra Fee) [] Ye~
7001 0320 0003 6459 4145
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Application of
Maritime Day School, LLC
(Name o f Appl/cants)
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- lo2.00-{)2.00-024. OOl
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
RECEIVED
BOARD OF APPEALS
AFHDAVIT
OF SION
POSTING
[, Anthony C. Pa$ca residingat. Mat~tuck
, New York, being duly sworn, depose and say that:
On the 15thday of... July, , 2010 , I personally placed the Torch's official
Poster, with the date of heming and nature of my application noted thereon, securely upon ~ the
property, located ten (10) feet or closet from the street or right-of-way (driveway entrance) -
fac(tag the street or facing each street or fight-of-way entrance;* and that
I hereby conftrm that the Poster has remained in place for seven days prior to tl~t date of
the subject hearing date, which hearing date was shown to be July 29, 201~0
Sworn to before me tiffs _
~(~day of July , ~ 2010
Arl~aony C. Pasca
~2,1otary Publ}c)
ELfZAEFTH SPIESS
Notary PL '.4it, Sta~e of New Yo~
No. 4811949
Qualified in Suffolk Oou~y
~ommission Expires September 30, ~1).~
*near the entrance or drivoway entrance of my property, as the area most visible to passersby.
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailine Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
MEMO
TO:
FROM:
DATE:
Tel. (631) 765-1809
Planning Board
Leslie K. Weisman, ZBA Chairperson
May 27, 2010
Fax (631) 765-9064
Southold Tow~l
! Planning Boarr~
SUBJECT: Request for Comments ZBA # 6397 Amy Bums for H & S Accoc. Rlty. '
As confirmed with your office, the ZBA is reviewing the following application. Enclosed are copies of the Building
Department's Notice of Disapproval, ZBA application, and current map on file. 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.
NAME TAX # ZBA # Code Variance Date of PREPARER
ZONE DIST Section Stamped OF SURVEY
Survey
Amy Burns for 102-2-24.1 6397 Article Special Exception to May 21, Roderic Van
H&S Assoc. Rlty. XXIV, operate a nursery 1980 Tuyl
Section school
280-13-B-4
Your comments are requested within 30 days of this letter.
If desired, the file is available for review of additional documentation.
Thank you.
Encls.
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailine Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.north fork. net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
May 3, 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 # 6397 Owner/Applicant: Maritime Day School, LLC
Action Requested: Pre-school facility.
Within 500 feet of:
(X) State or County Road
( ) Waterway (Bay, Sound, or Estuary)
( ) Boundary of Existing or Proposed County, State, Federal land.
(X) 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
By: ( J(~
Weisman ~--w
rpe/~ (t,, /i~
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio
Gerard P. Goehringer
George Homing
Ken Schneider
http://southoldtown.north fork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Southold Town Hall
53095 Main Road ° P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
August 19, 2010
Anthony C. Pasca, Esq.
Esseks, Hefter & Angel, LLP
108 East Main Street
Riverhead, NY 11901
Re: ZBA # 6397, Maritime Day School, LLC
Dear Mr. Pasca:
Transmitted for your records is a copy of the Board's ~1~, 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.
Sincerely, r'~
Vicki Toth
Encl.
Cc: Building Dept.
24