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Home My WebLink About5549Office Location: Town Annex/First Hoor, 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://~outholdtown.northfork, net BOARD OFAPPEALS TOWN OFSOUTHOLD Tel. (631) 765-1809 Fax (631) 765.9064 ZBA# ~:z~ Tax Map #: /tgOD-- <~/o --/-- COVER SHEET WITH ZBA FILE STATUS OF FILE //. ! ocation : ,qO [ ] Refund issued: CANNOT activate or reactivate file (Applicant has withdrawn application). ["~"I NO REFUND DUE, based on time spent for Town to process application and hearings. [ ~ Obsolete & expired; CANNOT reactivate this file: NEW APPLICATION NECESSARY: Extensive time has passed; Zoning Code changes are now in effect and this application expired. NOTE: Applicant may apply for a new application with Building Inspector for a new Notice of Disapproval and submit NEW application with all documents and current maps.to ZBA, or modify plan to conform to the current code. This Town file based on applicant's previous year requests has expired. [ ] No ~orms to be scanned; FILE # VOID: APPLICATION RETURNED. (All forms were returned to applicant early in process, as requested by applicant.) 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 VIA CERTIFIED April 15, 2010 McCarthy Management, Inc. 46520 Route 48 Southold, NY 11971 RE: Pending ZBA File#5549 and 5550 Dear Mr. McCarthy: Your application has been dormant since the May 2004. The Zoning Board of Appeals is writing to inform you of their intent to close this application, unless within thirty (30) days of your receipt of this letter, you respond in writing of your intention to move forward. If you have any questions, please contact this office. Thank you for your prompt attention to this matter. Sincerely, Vicki Toth Board Assistant OFFICIAL. USE · Complete Items 1, 2, and 3. Also complete Item 4 If Re~e~ed Dellve~ ~s de'red. · Print your name and address on the reverse so that we can tatum the cad to you. · Attach this cad to the back of the mailpiece, or on the front If space permits, · 1..NticleAddressedto: addm~ dlffa'eat f~am Item 17 ;Yea if yES, ent~ dellve~ address below: [] No ~Nu~ 7009 0820 0001 ~,I ~ 3811, February 2004 3. Sen, i~'type [] ~eI~lfl~d Mall 0 ~ Mail [] Insured Mall [] C.O.D. 4. Re~:rlcted Dellve~f? (EXea Fee) 7619 6303 Dorr~stic Return Receipt FORM NO. 3 NOTICE OF DISAPPROVAL DATE: May 25. 2004 TO: McCarthy Management A/C Church Street LLC 46520 Route 48 Southold, NY 11971 Please take notice that your application dated July 29, 2003 For permit for waiver of merger at Location of property 640 Church Lane, Cutchogne, County Tax Map No. 1000 - Section 96 Block 1_ Lot 11. l ls returned herewith and disapproved on the following grounds: The subiect lot is not "recognized" by the Town of Southold pursuant to Article [I, Section 100-24. Thc subject lot, as per applicant, is comprised of four separate lots which have merged pursuant to Article II Section 100-25, which states; "Merger. A noncoufonning lot shall merge with an adjacent conforming or nonconforming lot, which has been held in common ownership with the first lot at any time after Jul,/1, 1983. An adjacent lot is one wlfich abuts with the parcel for a cmmnon course of fifty (50) feet or more in distance. Nonconforming lots shall ~nerge until the total lot size conforms to the current bulk ~u/~iz e~h3igr~ Cc: file, Z.B.A. APPLICATION FOR WAIVER UNDER SECTION 100-2 S This review is for lots which have separate deeds recorded prior to 1983 and'undersized, A merger determinpti?n has been issued by the Towp Bu.±iding Inspector tcopy sttscned~,. The zoning of my parcel is presently: ~/~ _ The size requirement for this zone is: ~O}/~di~_fl square feet per parcel'. County Tax Msp Parcel NOS: 1006~& I I1.1 I (we], , as owners of the contiguous lots shown on the attached deeds, request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a 'whiver" under the merger provisions of Article II, Section 100-26 of the Southold Town Zoning Code. [ hereby submit all of the following documents for reliance by the Town of Southold in making this review determination: Copies of my recent tax bill for both (all) lots. Copies of deeds dated prior to June 30, 1983 for all lots Copies of current deeds of the parcels under review. Copy of the current County Tax Map for my neighborhood. $150.00 application check which is not refun'dable if this waiver is denied. [ understand that if an unfavorable waiver action is issued by the Town of $outholfl~ that I reserve the right to file for a subdivision and, if necessary, area variances under the usual procedure. By making this application, I hold the Town of Southold free and harmless from any and ell claims,, , · ,,~d~ liability re~ulting from the issuance of a waiver. (^ppi (Applicant worn to before me this n_ ,/ 7. Ruth ~ ~otary P~blic ~ 'No. 01~954~3 _._ ~al~ed In ~uffolk uou~ All A ~a/ver is hereby approved denied (delete based upon the above documentation. .nd Owner ) .... D MAY 2 6 appropriate action) Issued by Reasons for application(tO continue on next page). APPLICANT'S REASON APPLICANT'S REASON #2: '(PLEASE USE ADOITIONAL SHEETS needed. QUESTIC~ArRE F~R FILIIIG WITH YOUR Z.B.A. APPLICATIOM A. Please d/sclo~e the names cf the owner(z) and any other individuals (and entities) having a financial iaterest in the sttbject pr°mises an~ a description of t~heir interemts: B. Is the subject p~em~es li~ted, on. the real es~a<e market for : sai~ or being shown to prosp, ectiv~ buyers? { } Yes ( } 'res [v} No D. l. Are' there &ny areas which cont.=.{ n wetland grasses? 4. If ~ prOpe~Cf contn{n~ wer!~ds or pond ~eas, have ~ou con=ct,~ ~, Office of ~e ~~ees f~r it~ E. Is ~er~ a depression or. slcp~q e!ev~tion ne~ ~e area of proposed ~c~cn at or De%ow five feet ~ove me~ sea level~ ~U~ ~ ' (If not app~c~le, state "N.A. ") F. ~e ~ ~y palos, con~te b~riers, ~eads s~t~g? '~ If none exist, please state G. Do FOU have ~y cc~t~c~on't~k~qq placs at this t~e of ~aur bui!~q pe~im ~&'map as ap~rave~ by the B~!dinq Depar~ent. If ~one, please stmte. H. Do you.^5,,Qr~an~£ co-u~ner alsd own other land close to <his parcel? !~]~ If yes, please e~p. lain where or submi~ cuuies o~ deeds. - - LOT WAIVER QUESTIONNAIRE What are the square .fo~otage and dimensions of this lot (subject of building department merger application): ~t~¥01~+,-s.f. 0~(~C) ft. by ILjt~ +-tr. Date of first deed which created this lot: ~[~O/~O L (5l~ ~'TD Date of current deed to present owner: Owners' names of lot at current time: Date and name of subdivision (if any): Size of remaining lot in the merger: Were there any building permits issued in the past for this lot: Yes No V' If yes, please provide copy of former permit and map approved. ~' ~ere/there any County Health Department approvals in the past for either lot? Yes No ~' . If yes, please provide a copy. Were they any~)/ecant land Certificates of Occupancy requested in the past? Yes No ~' . If yes, please provide a copY. Were there any other Town actions (apprOvals or. denials) in the past regarding this property (such as a pre-existing Certificate of Occupancy fora preexisting building, a variance, lot-line change, Tr.us~ees approval, or other type of application to build or use the property in any way)? Yes v No ' . If yes. please provide..coJ~y (if available)..or,explain: ~ Is there any I~tilding or structure, such as a patio, driveway, or other, overlapping the deeded J~t line which separates the two merged lots? No. j/ Yes If yes, please explain. How many other vacant lots are on the same I~lock and immediate neighborhood? ~ Please note oth.er apprg, val.s or other information,abo, pt common ownershil~ of these lots: I am an owner of the subject lot and the above information is provided to the best of my knowledge. (Copies noted above are atta~:l.) Owner's ~ignat-ur~ ZB45127/99 The Town of Southold's Code of Ethics prohibits conflicts off interest on the part of town officers and' employees. The purpose of this form ia to provide information.which can alert the town of possible conflicts of intsresb~ an'd a~low it bo take whatever acSion is necessary to avol~ same. (Last name, flrst name, middle initial, unl~ee you ere applying in the name of eom~one else or other entity, such as a company. I~ so, i~dicate NATURE OF APPLICATION~ (Chec]¢ all that apply.) Tax grievanc~ Variance Change o£ zone Approval of plat Exemption from p~ or official map oth.r, ~' · ' ,,Otbe , , nam. th..ecti !ty., Name of person employed by the Town of Southold Title or position of that person Describe .the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) end,or describe i~ the space provided. The town officer or employee or his or her spouse, siblillg, parent, or child is (check all that apply)~ ___A) the owner of greater than 5% of tbs shares of the corporate stock of tile applicant (whe~ the applicant is a corporation); corpo~ation); C) an officer, director, partner., or employee of the D) the actual applicant. DESCRIPTION OF RELATIONSIIIP Signature Print name CARTHY _ llk , lanagement, Inc. Southold Town Building Dept Route 25 Southold, NY 11971 Aa: Mike Verity, Principal Building Inspector May 24, 2004 Dear Mr. Verity, Please let this letter serve as consent to the fact that my 4 preexisting lots that presently comprise my parcel known a 1000-096-1-11 .I have merged by Southold Town standards. I do not wish to provide a single and separate search. This parcel is held by 640 Church ST. LLC of which I am a member. Additionally, as agent for Angelo Stepno~ki, I am consenting to the fact that his 5 preexisting lots currently known as 1000-096-1-12 have merged. He does not wish to provide a single and separate search for the same. Thank you for your time and attention to this matter. Construction Manaoement · General Contractlnct · Custom Homes LOCATION: J73889 96.-1-11.1 TOWN OF SOUTHOLD CONSOLIDATED REAL PROPERTY TAX BILL IF THE WORD "ARREARS~ IS PRINTED HERE SEE TREASURER'S NOTICE ~, EVERSE S[DE. 382 OFFICE HOURS & PEIONE AM TO 4:00 PM FAX: 631-765-5189 13 11009 640 CHURCH LA 300,630,362 1,869,384 210 I FAMILY RES "******o*~*****"'*3-DIGIT 119 640 CHURCH ST LLC C/O MC CARTHY MGT 46520 ROUTE 48 SOUTHOLD NY 11971 12/2/03 ;HURCH ST LLC 300 1,100 First Half: 10984 $485.20 12/30/02 Second Half: 10964 $485.21 6/2/03 LEVY DESCRIPTION MATTITUCK SCHOOL CUTCHOGUE LIBRARY SUFFOLK COUNTYTAX SOUTHOLDTOWNTAX NYS REAL PROP TAXLAW NYS MANDATED EXPENSE CUTCHOGUE FIRE DIST CUTCH-NEW SUFFOLK PD WASTE WATER DISTRICT STHLD SOL WASTE DIST 5.24% TAXABLE VALUE 1,100 593.553 1,100 48.336 69.57% 1.91% 1,100 17.591 19.21% 0.21% 0.54% 5.89% 0.84% 0.15% 1.69% 1.91% 1,100 177.224 19.21% 1,100 1,100 4.963 1,100 54.343 1,100 7.715 1,100 1.417 1,100 15.620 1,100 100.00~ -3.00% -4.70% -14.30% 10.30% TAX AMOUNT F FULL VALUE 64,327 TOTAL TAX AMOUNT 652.91 53.17 19.35 104.9~ 706.08 19.35 194.95 59.78 8.49 1.56 17.18 FIRST HALF TAX 507.47 DUE DEC 1. 2003 PAYABLE WffHOUT PENALTY TO JAN. 12, 2004 SEE REVERSE SlOE FOR PBNALTY SCHEDULE. I ~ HALF TAX 507.48 I TOTAL TAX LEVY · 1,014.95 2003PAYABLE WlTHOUTPENALTYTO~4A¥ 31, 2004 SEE REVERSE~E_V_E~S~ I THISTHIS TAX MAY BE PAiD IN ONE OR TWO iNSTALLMENT IOE FOR PENALTY SCHEDULE ANO COUNTY TREASURER'S NU/I~bE I -- - S~-C~)ND I~A~F--~~OUT~I~L-D TAX LEVY' 2003-2004 DETACH STUB AND RETURN WITH SECOND HALF PAYMENT - RETURN BOTH STUBS FOR PAYMENT OF TOTAL TAX, MAKE CHECK PAYABLE TO GEORGE R. SULLIVAN, RECEIVER OF TAXES AND WRITE BILL NO. AND TAX MAP NO. ON FACE OF THE CHECK. PAID BY: [] ASSESSED [] OTHER 640 CHURCH ST LLC SUFFOLK COUNTY TAX MAP NUMBER 473889 96.-1-11.1 AMOUNT DUE BILL NO. 507.48 11009 The following bank branches located within the Town of Southold accept payments during regular business hours: BridGehampton National Bank, Fleet Bank,'North Fork Bank, Suffolk County National Bank. :'-",.. Quitclaim Deed (lnd~vldntl) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the ,,~'~ ~ day of November, 2000 BETWEEN ALMA R. WILLIAMS, residing at 533 Third Street, Greenport, New York, 11944 I-/I. I 640 CHURCH ST., LLC, a dom6stic limited liability corporation with offices at 46520 Route 48, Southold, New York, 11971 party of the second part, WITNESSETH, that the party of the first part, in consideration ofTEN ($10.00) dollars, lawful money of the United States Paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE SCHEDULE 'A' ANNEXED HERETO TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof. TOGETHER with the appurtenances and all the estate and rights of the party of thc first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party oftbe second part, the heirs or successors and assigns of the party of the second part forever. AND THE party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement, and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party oftbe first part has duly executed this deed thc day and year first above written. IN I~RESENCE OF: ALMA R. WILLIAMS //FATE OF NEW YORK:COUNTY OF SUFFOLK) ss: On the oqrd~ day of" -- y ~'~ovemoer, 2000, before me, the undersigned, personally appeared ALMA R. WILLIAMS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her · . . . signature on the instrurnem, the individual, or the person upon behalf of which the individual acted, executed the instrument. JENNIFER B. GOULD Nolmy Pub~ Slate of New York No. 02GO5024640 - Suffolk Counl~ Comm~lon Expires March 14. 2(~ / SCHEDULE "A" .AL.L THAT CERTAIN PLOT, pieCe or parcel of land with any buildings' and improvements thereon erected, ~,~u,? l.~g ~d King in the Tow. of Southold, County of Suffolk and S~,e otNew Yot~ ~d a~qu~d by i ax ~eca on ~aarch 31, 1997, from John C. Cochrane, the County Treasurer of Suffolk County, New York, and recorded on April 1, 1997, in Liber 11823, at Page 274, and otherwise know. as and by Tow. of Southold, N x now or formerly First Baptist Church of Cutchogue; E x now or formerly First Baptist Church of Cutchogue; S x now or formerly Baxter Mark; W x now or formerly Mason James, Mason Ida, now or formerly Mason James, now or formerly Town of Southold. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated March 31, 1997 recorded in the Office of the Clerk of the County of Suffolk on April I, 1997 in Liber 11823 cp 274 and by deed dated June 12, 1998 recorded in the Office of the Clerk of the County of Suffolk on June 24, 1998 in Libcr 11900 page 924. -~..ffolK fo,,~4,t ~'a,~. r,tlap klo. 100o-Otf6. 00-O/.OO-Otl. TO McCARTHY MANAGEMENT, INC. 46520 County Road 48 SOUTHOLD, NEW YORK ] 1971 NO. FIE: WE ARE SENDINGYOU El: ~:: [] Urlder ~eparate ~over via the folE~t~l items: [] Shop drawittg~ ~[] ~ [] Plans [] Samp~s [] Spe(=lfl~a~a [] Copy of letter [3 ~~ [] [] Approved ms'submitted [] For approval [] For your use [] As requested [] For review and comment [] FOR BIDS DUE REMARKS [] Approved as noted [] Returned for corrections [] [] Resubmit [] Submit [] Return copies for approval copies for distribution __ corrected prints [] PRINTS R~ MAY 2 n ?nnd NING BOARD COPY TO PRODUCT 240T SIGNED: /NER TOWN OF SOUTHOLD PIJOPERTY'RECORD CARD STREET FARM VILLAGE El,) W CB. MICS. SUB. LOT TYPE OF BUILDING Mkt. Value AND /6(_.) IMP. TOTAL DATE REMARKS 30o AGE W NORMAL EM Acre able x:lland ~dowlcmd se Plot BUILDING CONDITION BELOW ABOVE Value' Per Value Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK '~ 40 COLOR /6×/4 ~ Exfension Extension Porch Porch Breezewe7 Garage Foundation Patio 0o Bo Total iExt. Walls Fire Place rype Roof Recreation Room f.-~ · I Dormer Bath Floors Interior Fifiish . Heot Rooms 1st Floor Rooms 2nd Floor Driveway inette LR. DR. BR. FIN. B APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Homing Ruth D. Oliva V'meent Orlaudo BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town'Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http:l/southoldtownmorthfork.net FINDINGS, DELIBERATION,S AND DETERMINATION - MEET1NG Of NOVEMBER 14, ~002 Appl. No. 5084 - 840 CHURCH ST LLC Property Location: 640 Church'la., Cutchogue; Parcel 96.-141.1. SEQRA, DETERMINAIION: 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 an adverse effect on the environment if the project is implemented as planned. PROPERIY FACTS/DESCRIPTION: The applicartt's property is located on a pdvate dght-of- .,way which extends off the northwest side of Middle Road (a/ida C.R. 48. or North Road) in Cutchogue. The property contains 27 748.41 sq. ff. of land area and is improved with an unoccupied 440+- sq. ff. building. BASIS OF APPEAL: The Appellants, 640 Church Street. LLC, applied to the 9uilding Department on December 7, 2001 for a permit to construct a 4,900 square foot industrial building on property located at 640 Church Lane in Cutchogue On January 10, 2002, the building inspector issued a Notice of Disapproval denying a permit for the proposed construct~.n on {he 27,748 square-foot property, located in the LI (Light Industrial) District on the following grounds: 1. The pr.oposed construction notes a setback of 40 feet from 'the right-of-way in wiolation of Article XIV, Section 100-143.A which states: "Structures shall be set back at least 100 feet from the right-of- way." 2. The proposed industrial building is noted as having 100 linear feet of frontage on the right-of-way ~n violation of Article XlV. Section 100-143.C. which states "...no single structure shall have more that 60 linear feet of frontage on one streeL" 3. The propo~eddndustdal building would have a rear yard setback of 50 feet, instead of the code-required 70-foot minimum, pursuant to Article. XIV, Section 100-142. RELIEF REQUESTED: 1. Appellant initially, requested three variances based upon plans submitted January 30, 2002 to construct a 100 fobt Iopg by 49 feet wide (4,900 square feet) industrial building, all as: shown on the "Preliminary Site Plan and survey prepared by Joseph A. Ingegno, land surveyor, dated November 18,1998. amended February 20 2001 and October 15, 2001. The three Page 2 - November 14, 2002 Appl. No. 5084 - 640 Church St. LLC Southold Town Board of Appeals variances were to construct a building with: (a) 100 linear feet of frontage instead of the 60- foot maximum; (b) 40 foot setback from the right-of-way instead of the 100 foot minimum and, (c) 50 foot rear yard setback instead of the 70 foot minimum. 2, During the hearings, it was learned that applicant's property did not have approved access to a pubt!c street. On May 28, 2002, the applicant submitted a request to amend the application to include a 280-A variance regarding access. On August 23, 2002, the Building Inspector issued an amended Notice of Disapproval to include a disapproval based upon lack of access of the property to a public street pursuant to Town Law 280-a. The board has not deliberated on this matter and will render a separate decision to address this variance. 3. Dudng the hearings, the applicant requested the board to give an interpretation of vadous sections of the code, which he maintained would eliminate the need for the variances. The board chairman advised the applicant dudng several headngs that such request would have to be made formally, and at the August 22, 2002 hearing, applicant's contract vendee said he would not pursue an application for an interpretation. FINDINGS OF FACT The Zoning Board of Appeals held a public hearings on this application on Apdl 18, May 2, June 6, August 22 and October 3, 2002 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: 1. Appellant Thomas McCarthy of McCarthy Management Inc. is one of the principles of 640 Church Street LCC, which purchased the Light Industrial zoned property for $21,000 on November 28, 2000. 640 Church Street LCC has contracted to sell the property to Gene Chituck, Chituk Pools of Cutchogue to operate his pool warehouse/construction business. 2. PROPERTY DESCRIPTION/NEIGHBORHOOD The property is a nonconforming 27,748 square-foot lot, located in the Light Industrial (LI) district which requires a minimum lot size of 40,000 square feet. The lot is 140 feet deep with 200 feet of frontage on the west side of a dirt right-of-way known as Chumh Lane. The property is located within a small 5.7-acre community comprised of non-industrial uses, including nine single-family residences, and the First Baptist Church of Cutchogue. The 5.7- acre area is bounded on the north, east and west by lands owned and operated by the Town of Southold for its municipal landfill, solid waste and composting operations. There are a total of seven nonconforming lots, including the applicant's, on the approximately 370-foot long Church Lane right-of-way. Three of the lots contain residential homes~ which have existed at Page 3 -November 14, 2002 Appl. No. 5084 - 640 Church St. LLC Southold Town Board of Appeals this site since the 1920's. The First Baptist Church is located on the east side of Church Lane, approximately 150 feet from the applicant's property;, and has frontage oF Route 48. The residential commuhity~ continues on 'properties adjoining app!i~ant's property to the west on ~'~Tuthill' Lane. 3. ACCESS 'FO CHURCH LANE ~'~; ~r~h L~ap~ is-via the four lane County Route, 48; For vehicles traveling west, e.~'~'Ch~rc:~h ,t. aq~.,,is dit~(;tly off Rt. 48. However, .for vehi~s to emer Chu~ ~e from · e ~S~{h~e ~.,qo~[r~ ~s. There iS a ~e ~way turn ~na~ on Rt..48 ~at provides .~s ~ ~gmss r~ the ~avily ~affi~ landfill, approximately 230 feet Eom Chumh ~ne. But in order for ~hicles to enter Chumh Lane from the w~t..they would h~,to enter the turn lane[ and then make a U-turn into on~mingtmffic. Bbth ,oral ahd wriff~n' eVidencewas submiEed ,that ~e So.hold landfill entrance near Chumh Lan~ h~s been identified by ~be~uthold Town Transpb~on CommiAee: the SoutHold Town Police Chief. and pther town a, sP°t, ~be~ause of ~umerous accid~ts ther~ I a~ss: mad o~ Rt. 48and redim~ landfill traffic to residences, WhO live opl~osite the proposed pool : First Baptist Church. as. well as others ir the community raised of added traffic, noise, public safety, Ioss of character of the of life that a large warehouse would have on this small corn~ Fuifor~ testified that tile Church elders do not wish to sell the in ~ldftioi~ to~.' unday service's, co,.r~u, ~s faneraal services and prov, ides other dudng [~e week. H~ and ot~er hei~hbo~s noted that there have been s~nd,~s {jht,~at t.h~, door of the,,chu¢ch"~ resultiffg from the landfill a~ccess,, a~d said tbat t~'uck ttraffic 'from the prop{)Sed' prbject onto the' otherwise residential Chu~ :aclditional dsk to the ~ongregation as welt as to children1 who live and :.area:. 5~. N~.'~ .~'(~.~]b.~I~NG BESI,D, ENTIAL COMMUNI~: T,,he.lt.~'~., ~o~ive cn ~h'~,rch Lane,test fled ti3~ they were unaware that,their property had bee.m ~q ~'~fro~, rasidential to Light ~ndustnal ~3 ~ 989, They stated that their families and gran~.~]d ar~,whb~live with them. and Walk along Church Lane to the school bus stop, would be ad~s y,,i-'.mp~c, ted by the truck traffic, noise, dust and other disturbances associated with a~lar~l.e ,~ ;h~.use' operation. ,~. ,;u~..~7~., i~esi~tial~community which include,s= Church .ane community wasinciuded in a .~ . ~3'02'~aft stu~ly'.,ent:tled 'Cutchogue I~dustrial Area P ann ng Study', .prepared by Page 4 - November 14, 2002 Appl. No. 5084 - 640 Church St. LLC Southold Town Board of Appeals Nelson, Pope & Voorhis, LLC., for the Southold Town Board, and made part of this record. Among other things, the study indicated that the town's rezoning of the residential properties anticipated that the uses would be phased out and converted to industrial uses. However, the study notes that 14 years later, the properties have not been developed for industrial uses, and the nonconforming residential homes remain the predominate land use in the area. 6. MULTIPLE VARIANCES REQUESTED: Because of community concerns, and because of the multiple variances requested and the substantial degree of each, board members requested the applicant and contract vendee to justify and document the need for the proposed large size of the warehouse building. From the first hearing in April, and at each subsequent headng, information was requested to document the need for the actual square footage. Mr. Chituk initially testified that he installs in-ground swimming pools and that he wanted to be able to store two or three pool kits at a time, filters, pool covers, a limited supply of chlodne and chemicals and other supplies needed for his business. He each said each pool kit takes up a 20 foot box truck and would be fork lifted on and off the trucks. Mr. McCarthy testified that Mr. Chituck owns a dump truck and a trailer with which he transports his backhoe from site to site, and uses pickup trucks as service vehicles, which would leave in the morning, may stop back at the site during the day to pick up supplies, and would return in the evening. He said that the proposed pool business would not be open for business on Sunday and that Mr. Chituk realizes that that there are children in the area and would make it a policy of his company to travel slowly on the right-of-way. He later stated that the business would involve five trucks. Board members pointed out that the vague description provided did not substantiate the need for the proposed 4,900 square foot building to justify the variances requested. At the August 22, 2002 hearing, board members requested the applicant to provide the board with written documentation to substantiate the need for the proposed size of the building. In response, Mr. McCarthy again asked the board to provide an interpretation of certain code provisions. The board chairman advised Mr. McCarthy that he would have to filea separate application for an interpretation of the code. The board chairman asked the applicant t~o reduce the size of the building and move it closer to the north property line, and to provide a landscaping plan; At the dose of the August 22nd hearing, Mr. Chituk said he would reduce the size of the building and did not want to pursue a separate application for an interpretation of the code. 7. REVISED PLAN: Subsequently, on September 27, 2002 applicant submitted a revised plan that includes a floor plan, showing an office, toilet, tool storage room, shop, staging area, pool kit storage room, Page 5 ~- November 14, 2002 Appl. No. 5084 - 640 Church St. LLC Southold Town Board of Appeals pool chemical storage room. and shelving for storage. No written breakdown of the space was proYMe~ The revi~ed Plan indicates a proposed one stery industrial b¥ilding 50 foot ~v~i,d. e by ~,~?-80 de-ap (~4,000 square feet)i with a 2,261 square,foot asphalt paVement area adiacer~t, to the ~.;.buiiding, and, a very large crushed concrete service, area that would occupy most of the ',?:'smmaining soothwes!-part of 'the pmpet'ty. Although the revised p~an shows 'the .proposed ii;~*~building as co~orm!ng to the code's 60-foot~ maximum Width, ihe building is now .setback closer to the right-of-way 34 feet, instead of the code required '100 foot setback, and closer to the rear yard property tine, 20 feet instead Of the code's 70 foot minimum. The revis, ed plan .~.~[lld~req~rre. three ~varfahces including 280 a access~M,r~ McCart,l~y ~stifie~tiiat pr~pos, ed ?~,.ooo square, foot buildrng ~s %vhat Mr. Chltuk~s need~ are".:and codr~l not ~=ce the size CONCLUSIONS .-~?RE. ASONS ,FOR BOARD ACTION: On.the basis of testimony pmsented, matedgls submitted · ar)~t pecsonai inspections, the Board makes the following findings in accordance ~th~ the re¥iew standards set forth in Town Law 267b: ~l~Gta~nt'?bf -the area. vanances will, produce, a~ undesirable change in ~the character of the i ne1~b~0~3d or a detriment to' nearby properties. Applicant's proposed ~,000 square foot is 34, ~eet from the right, of-way, an insufficient setback to protect residents IMng opposi{e Church !;L~e f~em bein§'-iadYersely impacted by the pool construction wai'ehouse business~ The code '100 feet. The revised plan also places the building 20 feet from th~ rear yard not afford sufficient setback from the two residential homes that. adjoin :proposes ~.a z[,oo0 square foot warehouse, the aver,age, home,in the hborhOOd is less than 1 500 square feet. ind.eed! t~e ~i~ and v~areHouse would! produce an undesirable change in the characteff, ;of the ermore; t~e area consists primarily of single-fa~,ily:dwelling~,."' The to create a large warehouse operation would be a de[tdment t;3' nearby can than variances. The applicen~'s is in size, consisting of 27,748 square feet nstead of the 40,000 square foot required for the LI district. The depth of the properly is only 140 feet. thio~;der~to code',s 100 fOOt setback from the right-of-way, and the code's 70-fo~bt ~Jear yarc would need to 'have a minimum lot depth of 200 feet ~o Construct a ~ Page 6 - November 14, 2002 Appl. No. 5084 - 640 Church St. LLC Southold Town Board of Appeals The board does not dispute the applicant's contention that no building could be constra~ed oa the lot without a variance. But the applicant could construct a smaller building that would substantially reduce the degree of variances, which in turn, would minimize the impacts and detriment to the community. As example, that the applicants and could construct a 60 foot wide by 40 deep building (2400 sq. ft) with a 60 foot setback from the right-of-way (40% code reduction) instead of proposed 34 foot setback (66%), and a rear yard setback of 40 feet (57% reduction) instead of the proposed 20 feet (80% reduction). The applicant was given an opportunity to remedy the lack of documentation to justify the alleged need for the large size building. Instead, the applicant submitted a floor plan merely indicating rooms within the proposed footprint of the building without articulating or justifying the need for the actual square foot requested. 3. The variances requested are substantial and represent a 66% reduction (34 ft) in the code- required 100-foot setback from the right-of-way, and an 80% reduction (20 ft.) in the code- required 70-foot rear yard setback. 4. The alleged difficulty has been self-created. The applicant knew the lot was nonconforming and substandard when purchased, as reflected in the Iow purchase pdce, and subject to conspicuous zoning restrictions. 5. The proposed variances will have an adverse impact on physical or environmental conditions in the neiqhborhood and distdct. The applicant concedes the use of at least fiw trucks, which will be entering and exiting the 370-foot long Church Lane right-of-way on a daily basis. This increase in volume and use of the unimproved road due solely to applicant's structure would present a safety hazard to the residents, children, and to the First Baptist Church, which provides many community activities weekdays and the Saturdays. Indeed, the landfill access and egress turn lane on Rt. 48, is slated for closure because it is a dangerous spot. Applicant's proposed trucks traveling from the west, would have to make a U-turo on Rt. 48 into ongoing traffic at the same dangerous turn-lane to access Church Lane. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B; motion was offered by Member Oliva, seconded by Member Horning, and duly carded, to DENY the application, as applied for. Vote of the Board: Ayes: Members Tortora, Homing, Olive, and Orlando. (Chairman Goehdnger voted against for the reason that grant of alternative relief was available for Page 7 - November 14, 2002 AppL No. 5084 - 640 Church St. LLC Southold Town Board of Appeals ~)).nsideration, but his offer to make a motion was lost) This Reso 'on las duly adopted (4- ///Approved for Filing/ ~e_,h..dn~, Chairr~ ' THIS INDENTUR£; mad~ the :~-G~ FIRST. BAPTIST ~RCH... OF ~TCHoGUE, LONG ISLAm, partyof thefir~[pa~;~nd : . .:~, lawful paid by. th~ second part;. party of the secohd first part, in consideration of .... ~ (Seco,co).. · oo/~0o D.= Paft?"d°eShere~y. grant and release unto the party o. and a~signs forever, . ::.", or tract of land at Cut6hogu; the Town of'.Sohtho~d,,.., . COunty. ... or suffoik and State' of :New ", bounded I/or~;~lgi,1 'b ...' - . . ,., .Ptttm-~ne h~dred a'~d fifty (150) feet, ', astevly.~,ffifty:~ feet by ~he..5"Driveway,,; ~Southe~ by l~d of ~e~nd'E'"~¢,/Green,..:~, - OhO, h~d~ed and fifty feet and Westerly by..ian~'5~f. i%Bride & Ste~llng fifty fee~. . TOGET~R wlth'a rlg~ of:'w~y ovor :"" . said "D~iTeway~ tn como~ with all othera entitled~ .~o"use the ~ame. This Deed County Court 0f Suffolk'U~nty, 1941. -'. ':- is"Exe.,c?ted, pursuant to an order of dated t~o ~ t~?'d,y of th~ EETWEEN ~;K T. Gi{OH~I~ r~siding at 62-LL .'~oc~haven Boulevard Rego Park~ State of l, ew York~ par~y eL the first pa~, a,M JOHN T. FOtO ~ residing in Cutchogue ~ County of Suffolk~ State of New York~ party of the second pad, WITNESSETH. that the pa]fy of tile fi,st part. }. c-.shh.,ad,., ,,f ................ One (S1.00) Dollar, lawful mo.e., -f the l'.ited Stab.% a.,{ ,,t{.,r good and 'val.able o,nsidcratio. his heirs a.d assigns forc~cL ALL that eertai, plol. plccc or parco] of land, mxith th,! bulhli,,g, and hnpr,,~l,mvnt; therco, erected, situate. lying and being in the Town of ~outhold.~ 5ufl'olk Gounty~ St, ace of New York~ described as follows: Parcel 52 Formerly assessed to Bertha Jones Bounded and described: N x E. Pitman S x E. A. Green E x Driveway W x F. H. McBride 1/6 Acre Being the same premises conveyed to the tax deed dated December lOth~ 195~, and of deeds, Page ~8; County of Suffolk by recorded in Liber 3812 Being the same premises conveyed by the County of Suffolk by deed dated April 2~th~ 19~8~ to Fra~ T. Grohoski, ~nd recorded in Liber ~4~3, Page 29~. TOGETHER with the appurtc.ancc; a.d all thc estate ami ~i~'}:t~ ,,f Ih,. part> ,,f the llrst part in an,} t,, said prcmbes, TO HAVE AND TO HOLD Iht' premises h,'rei, gtanh.,I ,I,ib, Il,,. p,lrt) ,,f Ill,. ~ ,1c1.)~ ~ (1 I,ait. his heirs a.d a~Mgn~ fore, er. AND Ibc part)' of thc flint part. in complim~cc wiflt SccH,m 13 of the l.lc. I.a.. cmc.a.ts that the part;' of the first part ~ill receive the consideration for this o,nvc}a.,:, a.,I will h-l,I th,' right t- rcccl;,, ~uch considcratlon ~ a trust f..d lo be applic,I first for the purpose .f payh,7 l]i,, c,,-t -f tilt, iml.,,~,m,,.t attd that the part~ .f thc firs~ part will apply Ihe snmc tlrst I. the pa)mcat of th,, c,,q .[ tit,' imp~-~cnn'nt I,,'f-re .~i.g any part ,,~ [}it. total of lhe same for any o er lmrpose. IN WIT~$ ~[~[0~, the part), of the flint pa~t bas ,,xec.lc,[ IhN d,,.,I th. day nn,t }cad 6r;t abo~c ~ritt.n. [ ~rra~t 1. olohosii. _(L.S.I STAI~ Qf M~ yOl~ COUNT~ 4W pd~ona~y z~mo L/ :[ '%¸ u eu ure 416 Made th;s ..... 8~.th----. day o~ __~.,l~rt 1 ....... ' .................................... ;n the year One ~e, the ~OUN~ OP SU~K. s municipal corotar;on of the State of New Yor~. b~ ~,;d~.~ e+ ~-~ Woo~haven Blv~. Ap~ I~3 1. ~e o Park ~ the ~ond pa~. W~ef~ the prem;se~ hereinafter descr;bed were heretofore conveyed to the County of Su~olk .un'dar fe, deed (sI end the Board of Supervisors hey author;zed %e ~e~e oe release of fha ;n~esf of the ~nf~ ~n the p~em~se~ by resolut;on of se~d board du~y adopted on .. ~ h.~13_.. ......................... ,,, day ~f .---]~8~..~8 ~ . ........ , -. ~V~r~esee~, thef ;n ~on~deraf~on of fha orem~es and pursuant to the o~v¥on~ of the Su~ol~ Coun~ Tat A~ (b~ng Chap~e 311 of the Le~ of 1920, es emendS), fha Tr, Law of the State of New and ~'d m,~,~, end ~n cons;de,et;on of the sum of ?~'OA~ ~ ~e fi~ pe~ DO~ HEREBY 8EL~ AND OUITC~IM 0,to the O~ o~ t~e seco.d ord. t e he,~ or k~cessors e,d ess;gas of the pe~ of ~e ~econd pe~ all of the rlqht, t~fle end ;n~rest of th~" ~'0~ the ~f pa~ o~, In end ~ ALL that ce~s~n plot, ~;ece or ~el of ynd, s~tuate vfl~ege o~-. Count, New York, de~cr~ed et follows: ' ~ ~d rat CUtehO~e ?o~erl7 aaseased ~o Bertha ~nes ~ x E. ?itm~ ~ x E. A', Oreen E.x Dr~vewa7 ~ x F. H~'McBride ,. 1/6 Acre Aa per tax ~ale of ~ovembe~ 8, 1951 fo~ ~paid ~axes of 1950/%i Said premises were conveyed to the County:of Suffolk by tax deed dated .,_~..c~..~ ................. end recorded in the ;n Libor ,: 3~ .................. of deeds, Page _ ~cepfing therefrom such pert thereof, ;f any, es may have been taken by Suffolk Coun~ or munlclpeli~ for highway purpose~, or for drainage or other public easement or ~un~ci,~ol use, or es may have. been damaged or destroyed by the elements. T~ther w~th the appurtenances end all the estate and H~hts of fha party of the fir~t pa~ in end fo ~id premises. To Have end to Hold fh'e premises unto the Pall./of assigns of the party of fha second pert, Subject however to the foflow~ng: the second part, the heir, of successo~ end e. Building and zoning ordinances and regulations of the municlpality,in which tho pramilel s~tuate. ~ ;: i b. Covenants, restrict;ohs and eesemenl~, ~f any. of record which are now ~n force: c. Ail texas and assessments, if any, becoming · Ilea after the deft hereof. d. If situated in an incorporated village, such village taxes or assessments, if any, os the Village may ' be able to establish thereon. ,, ~ e. ^ny state of faCtS an accurate suwey ~a)/ show. ' f. Any pobl;c easement or easement greeted fo any public utilities. ' ' ~ g. Ex~s+ing fenan~es, if any. ~, ": .' The party of the second part covenanh and iagrees that the polly of fha second par~ has m~de ~e in"'. dependent invas+icjat~on of the premises hereby :conveyed end of the flfte'and ~nferest of fha party of f~rt+ port therein, and agrees that no representations have been made by +he p~rty of fha firs+ part t0 in-. duce this sele, and that the path/of +he second paff'refies solely upon fha sa~d independent investigation made. and that a~l agr&ements ere'merged in +his del;d. The per~y of the first poH', in compl~ence w~th SecHon 13 of the Lien Law, covenants that ~+ w;ll receive fha cons~dera+;on for fh;s conveyance and w~ll hald fha Hght to receive such consideration os a trust fund' +o be appl;ed ~rsf for the purpose of paying fha'cost of any improvements to the premises and that il. will apply +he same first to fha payment' of the cost of the improvement before using any part of fha fatal of fha Same for any other purpose. ~ ~.'J~;), r.~ : The word "per~" shall be construed as ;f it reed "portles" whenever the sense of this ~ndenture so requires. , , In Witness Whereof, the party of the ~rst part, t~as duly executed th~s deed by causing its seal to be hereto affixed and the same to be executed by,the County ~easurer of Suffolk County the day and COUNTY OF SUFFOLK 297 COUNTY 01: SUFFOLK. STATE OF NEW YORK, On th;, 2J~th ~ crime end e~eered ~REDE~ICK B, HOSE, J~., Coun~ Treasurer of Suffolk Count, who be;n~ duly sworn, d;d depose end say that he res;de~ et ~e~twood ~a~kwsv B?entwoodz N, y, . .................... that ......................................................................................... ~,,., he ;s fhe Coun+y Treasurer of Su~olk Coun~, the m ' ' umc,pel corporaL,on descr bed ;n end whlch e~ecuted the above instrument: that he knows the *e~l ~{ se~d corporation: thef the seal ~;~ed to s~d instrume.+ ~s such corporate seal, be~g the seal of the Coun~ o~ Su~ol}: that ~t wet so a~xed by order o~ the Board o~ Supervlso~s o~ the Cou.~ of Su~olk and that ~e (~ned h~t name +hereto by li~e o~der. "/ I'rATUTORV FORM &.--ck~pter Ms. L~w, ~f I~l?. 66 THIS INDENTURE, made the , nineteen hundred and ~". ( ',1 ·~, t'-llille · · daf of · between 0.2 Cute.hogtie ~ WITNESSETH, that the part , part~ ~'i: of the first pm, in consideration of !~ :Oolhr~,~awfu~ n~o~ey second'pnrt, do~n hereby?rant ~d r~,e Unto, the of th ,! paid: by the p~rt y second part~ " his hoirn [.}..ALI,. that t;~'act ct- pat-eel oF land nittznto, lying andb CtlloI o~..~t, lo~ in tho Term o~ ~ottthol~, Count}, Of oUffoll; an~ ~ta~e ~Uew ~o~I:~ boun(led and cle~c~lbe(t an follow~:- ~egl~ a~ a ~lhe Wesge~ly si(lo of ~)voue~gy el' pa~y oP M]e fi~ pa~ and ~ho:' ~-ly f~,on the ~:iddle ;lomb t'~ence Ilo~tI~e~ly alon~ B~operty · -~ri~.o loo l'oo& to a point; thence ~aste~,13, alone Allm~ l!obaon and pa;,allel ~th the Irov~,ho~,ly side oF tho :lidclle ~o~., 14o foot to a poi,~::; t"on.:o Dnut'iol-ly a~l parallel ~th Bad first ~ t a ,~oint: thence l, estqFly ~d parallel tho I:orMiorly si(~o uY ~ (lille .,on.' a dir;tance of 140 foot to tho po~nfl" t z tbgethet with the nppurtenauce9 and all the estate and rJRht.~ of the part AND TO HOLD tlte-premlses herein gt~nted of the £~st part i~ hud unto the par~ covetmnt pn~ shall qul~ly ~joy the said ~1~ pn~t~ c the ft~t pm-t ["~ ~ll foyer wa~nt the title to t~e ~1d tho ~ntcl FIRST 1to dill .attthbrtze~ of~tce~, the day and':yen~' ' ' rz~T'n~zsT c~cn o~ C~C~OC~,'.LOXC ' Onthi ", ~ ., dayof , be~o~ me ~me .'=" , 4~tAt~lnme, tim~I ~bscril~--d h name as witn~ thereto , ~ /, . STAT~ 0F N.,~, yon.,, : i~,' ~': On th day o':' ~pt~19~:., be~m-o ne c~e ho:rosides in t~cc Tram o1' .3outhold. ' " "~ B,~TI~ :~ tIl~t l~o 2s the '~ecl'ct~,A'y of FIR,,. I9~,' ~'l ~IOBI[~ the/co~.pm-ttion deucrl~od, ~, th~ forego2ng 2nutrtu. ent; that sa:Id co~pouu~on has { ~id inst~'~mnt ~aa si~nod by O~u~ O bOal~ .Of s~}d cordomatiC, and that ho si~tl ~e thoroto Nota~'y Public -! . II~td~ t/It' CX~O fifty one ,/~t!/ o,t' September NORTH FORK I~RECKING CO. INC., e corporation organized and existing unde--~d~y v~rtue of '~o 1-~n el' the State of New York, and having its principal place of business at ..attituck, in the Town of Southold, County of Suffolk and State of ~ew York, I~(trl!l e~/' lite, /t'r,~t p(trl, ,tttd .~.~o lat;'! y of /hr' ,,'~'c,.td /,,Itl, ,,,. ,/' ,i,,./,',..,.t ,',, ,,/ ~he sum oS Tg:; and 90/ZO0 .................. '%' 10.00 ? /,tu]}t,l trinity,,// lq' Ih,' ['ltit~'~l ,$'/ttl~.~., and other ~Zood and valuable considerations /,t[,I /,y th,' /,tt,t y ~q' lh,' ALL THAT C~RTAZN LOT, ?DOT, OR PARCEL 0P LA:iD, sltuat:e, bei~ in the To~ of Southold, County oF Suffolk and State of New York, bounded and described as follows: BEGINNZNG at a point on the Easterly line or lnnd of Ralph ',7. Steeling and wife and Frank ?.:cBvide and wife adjolnin~g lnnd of the First Baptist Ch~ch and being 252.5 feet Northerly alonE said llne ~om the Northerly llne of ~,,iddle Road; running thence Westerly along the land of said Sterling end 132.08 feet to a point on the Easterly line of a strip of reserved for n road; thence Northerly along the Essteply line of said reserved strip 9g.21~ feet to land of tho Town of South- old; thence Easterly along ~ld land or tho To~ oP Southold 13o.7 feet to said land of the First BapttsL Ch~eh; thence along said land oe tho Flrut Baptist Ch~ch, South 55 degrees 19 minutes 30 seconOs East 94.25 feet, to the point off begin- TOGET.qER with a'right-of_way ~19.5 feet tn width over said strip reserved for a road; the ;' , Easterly linc of said right- o£-way ocing the ~.estcrly linc o~ the premises hereby conveyed and a direct extension thereof Southerly o~ ~ ~2.5 feet to said northerly line of ~,~iddle Road. nineteen hundred aud thirt::, 1. e~.,~. , ' ," potation with . r-incip~,l nlnce of worshin -~ ~.utcho~:ue, NeW }Jew York, party of the second Dart. JITI';~'.SSETH, that the p~,rty of the firs% part in consideration of One (,~.1.00) Doll.r, lm::d'ul money of the %1nited States, paid by tbs party of the second Dart. does hereby grant and release unto the natty of the him helr~ and assigns forever, second part, "Ail that tract or parcel of lzr41 situate, lying and b~inK at CutchogUe, in the Tou~ of &,.uthold, County of Suffolk and State of i~ew ~ork. b,~unded and de- a~ribed as follows; be~inning a~ a point on the West~ ePly side of Droperty of the p~rty of the first Dart and the Easterly side of orowerty of Fr~r,k ~lcBride, which point is 165 feet U~rtherly fro~ the i,'iddle Hoad, thence Northerly .].o-~g ~ro~;erty ro~ or formerly of Frank i!cBride . di~tmnce ~f ~0 feet to ~ nolnt, thence Easterly and in . line ~arallel with the North- erly aide of the Middle Ho.d, a diet.nee o~ abo~t 140 feet to a point in the ,;esterly side of a ~ertain right of way, which right of way i~ ~nnroximately 28 feet in width, thence Southerly alon~ said right of wa a, distance of a~out 50 feet.to lar:d of ~..dward A. Green~. thence Westerly an~ along ~nd of adwnrd a. Greene a' ~ dimtance of 140 feet to the point or place of beginnin~, said last course ~unnin; .lon~ land of ndward a. Greene., Together with a ri~J~.t of w~y over :~ther lands Of said party of the first n.rt to the i,!Iddle ho.d, said right of waybeing approximately 28 feet wide .nd running from the i,~iddle Rossi to tile [fortb~r].y boundary of the property of the party o[' the first p~rt." TO HAVE AND '£o HOLD the nrenlses herein Mrant~ party of the second n~rt, hi~ heirs ~,nd assigns for. said ,~.rty of t!~e ~'Ir~t ',art cove~lants as T~at ~aid o~rty of tko Ytr~t n.rt is Seized :he said nrem~sec in fee simnle. the same; second: D .t the r. rt:,, ~,f t.? s¢~,?r-~ r.rt shall quiet: Unto the ever, follows: First: Y i.I enjoy the saic Third: :n~,t t!',* :a!.~ premises are free from inc~branc Fou~t~: 9~oc~r~ any f~rt.~r n~c~sa~y asm,ir~c~ of th~ ~itl~ to said t.k~. ~rty of the first part will'forever warrant the title to thc said premises. I'.~ .~I'~'.~5o WII£hEOF, the party of the first has caused t:~ese : rJsents to be duly executed b~ its duly · "~ · · and year first above ~ltten. : authorized o..ic~ tz~ day State of lie','; Zork ) County of Suffolk ) ss: Town of kiver:~ead ) .m thc2~day of ~, FIRST BAPTIST CHURCH OF CUTCHOGUE, . :; '~ ~ ,. ' "i 1930, before me ~ , came John Jacobs ~o :n~. known, wt{o,~being by me duly sworn depose and say th, t h~ resides in the Town of Southold, County, Hew York; that he is the Secretary of First Baptist.~ Church of Cutc~ o~ue, Long Island, New YoPk, the coppersmith eescribed in, ~nd which executed the foregoing inst~ent;~[: that sa~_d cor~.or/tion has no seal; that amid instr~ent was ~.~. signed by order of the board of directors of said corporatio , and that he s i~ned his na:~e thereto by like order .¢ ,lk County. ,JAJ' THiS INDENTURE, o; ~[~~ forty one . l~l~N FIRST BAPTIST CT~?RC~ OF CUTCH,~!~4 ISLAND, Of Cut'ehOgue, N. Yi~ CLAUDE WIL$OIT and ;,P/'HTLE WZLSON ,HX.~ ~d ~ the ~ 6[',me se~d ~n, db: ~ ~flt a.d ~l~se unto the ~ )~%herl~ %he Southold Town d~o ?, B~it:~b:O~t' 6~e hundred an~ forty ewe ('i42) feet and Wes~°'~l~ : ; [I ] ' I ' TOGET~R t the right, title and interest Rend ~dJoining ~aid ~romises, %0 t,e centre line ~hereof. T0~ET?qCH with'a right of wa2 over the on the ~est of 'said ~re~seg :together with all others entitl~d '~:, ~i" co~.~n-ts that not done or mffered nny thing whereby the said premises have ' encumbered in any wmy. UmS~qZ~' the C~t~TY OF Str~FO~ fl '' - ~- ~'"') ~" da-- or ~ , 1941, !before ~~ -~ (/to me ~o~ who being bi Southold, SuIfolk County, New;~ork, tha~eis' of First Ban~is~ Church of Cutohogue,' Long.,lsl~ w the cor~oratlon described in, and which .executed zolnz I~strument; that said corDoration has no seal;. '~-~t'..~i said Instv~ent .was slaned b~ order of ghe boa~ of said corDoration and that ',he si~ned his' n~e.~e~e~o . , e~ , ..... ~ ,..,, ~l~o~.~vo~ / , , ~,., DEC 5.1~ ' ~' ' . ,~/n.u .... :' ;~;: ::':'"~.: to me known to b~ ~nstrument, and before me pe~onally ~me : . ~. : , the ind~vldu~! described in, and who execu~d the ~,or~, .. acknowledced that he execu~d th~ umc. · , '. r' "f;.Li ,, 'l!' " ~ ' ; of the first part, , part Y WITNES$ISTH. tlmt the l,:~rt., of tile ilrst {~art. in consideration of of tile second part Do al'~, laxvfl~l money of tile United States, l,ai,l Dy tl~e ~{~(,reby grant and release ~nto tile part of the and assigns forcx'cr, bl~.o 2,c,i.~t o? THIS: '~}IDENTUP~, r~de:tl~e ~O ,cme~tio'.~ p .... ,:' .~a' E~A~ A. WIT~'SETH~ tBat ~the n~rty of the of, ($1.00~ DOilaP, lawful ':'of ~he ~econd , s ituate New .Yor~ ~ 'bounded:'an~:. 140 feet,: f611ow~: Of the. Lmatel.V: 28 :feet wide and' ~'?~ ~t~ of gh'~':.~,t~ Of the. ft~t ~rt." ,. J." ls'.~iv~h a~ m correction cC ,,supersede all ~"~6cOn~ part" and reco~d;d';f'~ 8 4~ Ofl,'O~obeP 9th. 192g, ": ~AVE:' .... i TO HOLD the D~emls~. he~in ~. ,. . : TO ': ~ D' U~ th~P*rtY Of ~ ~econ_'p~Pt~ h~s heirs an~ ma,h, Ibc ,/ day of part 7' of the ..... ' ......... lJlilt the Dart,',. , part 7: ~',,': cf the second of the first part, in consideration of ' f"-[ rl~ larg~lawf of ihe United Stat paid by the part second par~, thc second part, do 0.5 hereby grant and rclea~;e m~to tbe part-[r..: of t THIS I!:DE'~TUi~E, re.de ,. -,e~ 0 df~r of S~'temb~, nineteen hundred and thirty~ between ."f} ~T BAPTIST C'~UHG}{ 0F -UT~OGUE, LONG ISL~'~D, Jn~,; YOhK, ~ der:earle reli~ious cop- fo~k, party of the first par~, and .~b,~,hD A. G~.R~E. of head, ~ew York, ?.sty of the second IfN~So~H, that t~',e ~a~tT,r of the first In consideration of One (:!~1.00) Doll~r, United States, paid by the party of the and assiKns forever, lawful money of the ~econd part, his heirs "All th.t tract or ~:~rcel of lal:d situate, lyi~,K and bein~ at CUteho~.ue, in the Town ~' Southold, County of SuffolW and State of ?:aw York, hounded and scribed as follo~.~n; be;inning .t ~ point On the Westerly side of ~rooerty of t~ ~arty of ~he first part mud the Easterly side of ~ro:~erty of Frank Bride, which point is 68 feet ~ortherly from the ~]iddle Hoad~ thence ~';ortherly alon~ orooertv now or fo~erly of F~ank McBride a dist.nce of lO0' feet to a point, thence Emsterly ~lon~ prorerty of ~nie Hobson, and parallel with the ~ortherly aid~ of the Middle Ho.d, a distance of .bout 140 feet to . point in the Westerly side of a certain 2$ foot right of way, s.id right of wmy ru~inz froz the ~Iddle Head to the Northerly side of land of the ~,.rty of the first part~ the~ce Sout~erly .lou~ ~.ld ~iKbt et' ' a distance of 100 feet to . ootnt, tb~ence %V~sterly and parallel with the ~ortherly sld~ of the ;.~iddle Read a distance of mbout 140 feet to the point or place of beginninm, sa~.d last co,:rses runnlnK alone lau~ of Anderson Coo~, L~.thew Coo~: ~ud Lilli.n Cook and Henry W. Stanley, Together with a rIMht of ,.v~y ~'er ether l~nds of party of the first $~art to ~ho '~iddle Road, s~d of way bein~ mDproxi~-.tely 28/feet wide and fro~ the ~',~Iddle Ho~d to the'Tfor~b.rly boundary of property of ~be ~rty of the first ~,~rt." This deed is niven ~ ~ correction ~eo~ intended to correct, amend ~ suoerced~ .ll the oro"~n~e~s contained in a cart.in deed ?Iver~ b,, t~e n~rtv of ?,,. p~rt to the party of the sec,~..d ~,nrt ~' ~ r'ecopGed '- .~fl ~, 14~2 Of Deeds ~t PaRe 4~ on Uctober ~th. ~nto the pn~ty o~ the second ~.~rt, ~'s holt,; , ..... · , · ever. follows: t'.qe sa:ne; :enJ ' oy the s,~id i Third: second part shall quietly Fourth: That tn~: :nrty of the first hart will execute or erocure .any further e¢,~ssar'; as~n:r~nce of the title to said ~remtses; Fifth: 'i'an~ sa!c ~ ~rty of t;:c first part will forever party of tile first part has caused authorlze~ these nrese~:ts :o oe duly executed by its duly officer In presence of: the day ~,ud vear first above written. ~.J~,~ ~'I}(~TL.i. :I.Y.B~P'I'I~ T GHb~CH OF GOTCHOGUE irate of ~,~ew York ) of Suffolk ) ss: Town of hiverhead )~ 7~?~ay of ~, 19~0, before me On tke / came John Jacobs to m-c k:~.)w:., w!:o, bcin~~ by me duly sworn, depose and sa~ th:~t he,sides in the Town of Southold, Suffolk Oounty, ]~ew York; %kat r~c is the ~=cretary of First Baptist Church of butchogue, Lon%~ Islond, ~ev{ York, the eorporution [escribec in, and whlc%~ executed t!~e l'oregolng inst~]~nt; tha~ s~~ i~ coi. pop~tlol~ }.a/ ~.~ :~eal; th:~t sa~d instrument was signed by order of t'~,~ ~Ornt~.o~ ','.:till~ a p~'inctpal'..pta~O of ~ of the fret Dolln~ lawful mo~ h~reby doo~ hi~, heirm 1 yin.~, mill tggether with the a~purtenance~ and all the estate and rights of the party of thc fir~f : j~nd part. : 1 '~/,~ b" :, TO i~AVE AND TO HOLD thc premises here*u granted unto thel his ho:h"~ ~nd ' ', AND ~id ! ~vey t~C ~ame That said seized of the said premises in fee simple,. That the party of the secon~ part shall quietly enjoy Third, That the said premts~ are frc~ from incumbra~c~ Fourth. That the part Fifth, That said p,u'. o[ the first part will execute or procure p. ny lushes, o.' t,; o . Jl.,~ 1)a?t :¢ , .... will forever warrant the tttl~ ~o.thc IN WITNESS WHEREOF. tho part cf the tlr~t part ~,~ ,t %'~ '~I?. ~. 't~'d'a~'u~ year'fi~t ~h~ ~,~ .............. -'-,,-,,r,,,,,,,, ,'.c on aaid FIRST ~UTC~TO~L';:, L0~;~ i[;7~lI~, NEI'I In presence of Lho:;~' ])l'(':;oilbf; 40 ]m i[uly OXOCUtO{% ;,u',kru'Szc~[ oiTlc<u- tho (lay : ;;1' iL bOB. ' State Of [ ss.: County of [ ~.. O~ the day of I - u -.r,.~'~, nm~u' ', day of and XVITNTiSSI.71'll, Omi thc t,t:t ·' , part .~- of th~' fir~? i,;~rt, itl consideration of of the ~econd I,art, Dollars?:lawfu money of the United States, paid by the part 7 ot thc ~-cco.d I,.et, d.o:, se¢olld part, hereby firant and release unto thc party of the ~fneteen hundred ~nd thirty, bstween First :~ap~i~t' Ghu~{ zue, Lon~ Island., ~ew York, a domestic ~elfKious ~6~mt~on with a principal pi,ce of ~orship at Cutcho~ue~i]~ew[ .party of t~e f~st p~r~, and ;~derson Goo](~ ~athe~ Lilltam Cook, ~Qf Cutchosuc, 1.Yew York, a '~ar~=-of the second ~art, WITNESSLTH, that the party of the first in consideration of One (:$1.00) Dollar, lavtful money of'the:~ United States, oaid by the parties off,he. ~:c'cond part, does Bereby. gran~ and release umto the parties of the second part~ thei~'heirs and assign~ forever, 'CAll that tract or parcel of 1,~:',~ situate, lying a~ at Cutchogue, in the Towr, nf S~ut}~nl:;, County of and St(~te of.~ew York, bounded and described as folloW: beginnin~ at s poi~.t on the Hortherly side of the Road, which point is VO feet k, sterly 'divides the Property of the party o~' the first paP% Frank ~,[cBride, thence Easterly and ~lonM the. Northerly . s%de of the l~iddle hoad, a dist~nce of 70 feet to a the .~esterly side of a cer~a ' ~>.'-['28 foot migh~'of'~'ws)'' rubbing rPom the Middle' hoad -/ ?' '~ Northerly bOUndary of other land of the par~y of the ~.':~ ~/ part~ a distance of 65 feet, thence Jesterly and ~ ' : -with the NOrtherly side of the Middle Hoad ~distance ~0 rest to-a point, thence Southerly and paPallel:.w: '/' ,. 'said ~mstemly bounda~- a (Aistamce oi' about 6b fee~.' Togethe~ with a right of way o~er other lands of: m~i~. par~y of the~,firSt part ~o the i.~iddle Hoad, ~aid~ . of way being .approximately 28 feet w~de ~d.running ~'~.~he Middle Hoad to t~e Northerly boundary of the' :of the party of the Iir~t part." ~ ' ~ ' ' This deed is ~lven as a correction deed ~d [nte~ded~ to . ' . correct, a~end and supercede all the ~ contained in a certain'deed ~iven by the Dnrty of the first part to the parties of the second ~art and recorded in Lib '1800 '0f Deeds at Page 172, on ~/.ay 12th, 1~;30. :' TO HAVh ~.~ D TO ~0LD the premises herein grante u~to the Drafty of.the :~econd oart, his heirs ~nd assigns follows ,qth (la}' o£ · between and part f:P_°foll: Cottnty, lqo"r YoP!:. o{ the first part. , part WITNESSETH, that the part ~' of the first part, in consideration of of the second part ............... oI~. t , . : ) ................. Dollat.~, lawful money of the United States, paid by the parti/ st, colld part. in th,.~ Tov,'n o-° .... ~ ~ ' Jmrebygrant and release unto the part 3' of the hi'4 h')5.2'D and assigns forever, ,.l~ :,zd,',.].o l~r:;cl lfib foot to tho lw~int or ',,~ :,. popt:Lorl of tP.o .'"'oT.'rty cor. voyo'! by ' C) ..... 0 ,", 1920 in l:L!:or 11,; of Duo:~s :30 THIS INDENTUIuE, made tl~e~O da>' of September, %ineteen hundred and thirty, bet#eon PI~S~ B~PIIST CHUb H~O ,~ LONG IS~ID, NEW YOhK, a domestic religious ~o~ation with a ~rinCi~al place of worship mt Cutcho~ue, New party of the first part, and ED%hd~D A. G~ENE, of RiVe~- New York, party of the second Dart, ','~ITNESSETH, that the party of the first part, ~n consideration of One (~1.00) Dollar, lawful money of the ed States, paid by the party of the.second part, his heir. and assigns forever~ "All that tract'er Darcel of land situate, lying and~ being at Cutchogue, in.the Town of Southold, CoUnty of Suffolk and State of New York, bounded and de- ' : scribed as follows; beginnin~ at/a point on the -westerly side of property of the party of the f~at part and the Easterly aide of property of Frank Mc- Bride, which point is 68 feet bortherly from the ~iddle Road, thence ]1orthcrly alon~ property now or formerly of Frank McBride a distance of 100 feet to a point, thence Easterly along property of Annie Hobaon, and parallel with the Northerly side of the Middle Road, a distance of about 140 feet to s point .in the Westerly side of a certain 28 foot right of way, said tight'of way runninE from the Middle.~Road to the Northerl~ side of land of the party of the f~st part, thence Southerly alone said right ~f way · a distance of 100 feet to anoint, thence Westerly and parallel with the Northerly side of the Middle ' Road a distance of about 140 feet to the point.or place of beginning, said last courses running along land of Anderson Cook, Mathew Cook and Lillian Cook and Henry W. Stanley, .Together with a right of way over other lands of said party of the first part to the ~,l~ddle hoad, said right of way being apDroxirately 28 feet wide and running from the Middle Road to the'North~,rly boundary of the property of the party of the first Dart." This deed is given aa a correction deed end is all the ~rovlsions Intended to correct, amend and supercede contained in a certain deed ~iven by the part to the party of the second part 462 of Deeds at Page 46 on October 9th, party of th~ first recorded i~ 1929. TO HAVE A],D TO party of the second part, his he[rs nip the ever. .Ifollowa: said party of the fir:,t .srt c,v t:~ HOLD the ~remiscs Ler~;ir, ,~a:. :~ ,~73889 96.-1-11.1 TOWN OF SOUTHOLD CONSOLIDATED REAL PROPERTY T~s~X BILL F THE WORD "ARREARS" IS PRINTED HERE SEE REASURER'S NOTICE REVERSE SIDE. 382 13 11009 // 640 CHURCH LA 300,630,382 1,869,384 0.64 210 I FAMILY RES '~ ........ ~--=-:===3-DIGIT 119 640 CHURCH ST LLC C/O MC CARTHY MGT 46520 ROUTE 48 SOUTHOLD NY 11971 12/2/03 300 640 CHURCH ST LLC 1,100 First Half: 10984 ~.~-__-=-_~G Half:10984 MATTITUCK SCHOOL CUTCHOGUE LIBRARY $485.20 ~._5_21 LEVY 12/3~02 6/2/03 64.33% 1,100 5.24% 1,100 64,327 TOTAL TAX AMOUNT SUFFOLK COUNTY TAX SOUTHOLD TOWN:TAX NYS REAL PROP TAXI.AW NYS MANDATED EXPENSE CUTCHOGUE FIRE DIST CUTCH-NEW SUFFOLK PD WASTE WATER DISTRICT STHLD SOL WASTE DIST 0.21%{ 1,100 o.s4%I 1,1oo 5.89% 1,100 0.84% 1,100 0.15% 1,100 1.69% 1,100 4.963 54.343 7.71~ 1.41./ 15.62C -25.40% 100.00% -3.00% -4.70% -14,30% 10.30% 2.1(~ 17.1~ 706.08 19.35 194.95 9.32% 94.87 FIRST HALF TAX 507.47 ;ECOND HALF TAX 507.48 TOTAL TAX LEVY · 1,014.95 ~3 pAyABLE WITHOUT pENALTY TO MAY 3 L 2tX)4 SEE REVERSE SlOE FOR PENALTY SCHEDULE AND COUNTY TREASURER'S NOTICE THIS TAX MAY BE PAID IN ONE OR TWO INSTALLMEN SECOND HALF - SOUTHOLD TAX LEVY · 2003-2004 DETACH STUB AND RETURN WITH SECOND HALF PAYMENT ~ RETURN BOTH STUBS FOR PAYMENT OF TOTAL TAX, MAKE CHECK PAYABLE TO GEORGE R. SULLIVAN, RECEIVER OF TAXES AND WRITE BILL NO. AND TAX MAP NO. ON FACE OF THE CHECK. PAID BY: [] ASSESSED [] OTHER SUFFOU4 COUNT~ TAX MAP NUMBER 473889 96.-1-11,1 AMOUNT DUE BILL NO. 507.48 11009 640 CHURCH ST LLC :,; ,: ~ ~ The following bank branches located within the Town of Southold accept payments dudng regular buslne~ .. Bridgehamoton'National Bank, Fleet Bank,'North Fork Bank, Suffolk Countv National Bank. :"' '.L. ,d 5 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net TO: FROM: DATED: RE: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Elizabeth A. Neville June 2, 2004 Zoning Appeal No. 5549 Transmitted herewith is Zoning Appeals No. 5549 - McCarthy Management A/C Church Street LLC- Zoning Board of Appeals application for variance. Also included is Building Department Notice of Disapproval dated May 25, 2004; Application for Waiver under section 100-26; Applicants reasons; ZBA Questionnaire; Lot Waiver Questionnaire; Applicant Transactional Disclosure Form; letter to Mike Verity dated May 24, 2004; copy of tax bill; copy of deed dated November 28, 2000; copies of various deeds and one survey; letter of transmittal dated May 25, 2004 from McCarthy Management. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 05/28/04 Transaction(s): Application Fees * * * RECEIPT * * * Receipt~: 4933 Subtotal $600.00 Check#: 4933 Total Paid: $600.00 Name: McCarthy, Management 46520 Route 48 Southold, NY 11971 Clerk ID: BONNIED Internal ID: 94821 OFFICE OF BOARD OF APPEALS Southold Town Hall 53096 Main Road Southold, NY 11971 765-1809 tel. ~ 765-9064 ZBA fax. REPLY FORM Dated: TO: ( ~)~our application is incomplete for the reasons noted below. (J/)~s requested that the follo~,ing be forwarded as soon as possible (within about 7 days, if feasible). The advertising deadline is 22 days before the meeting date and the information is necessary for review and advertising purposes. You may forward the information by fax at 765- 9064, however, please send the original by mail Thank you. ( ) The appeal was not filed within 60 days of the decision of the Building Inspector. ( l~ssing information - please see missing information checked below. Please submit all the documentation,~together with information noted below. If you have any questions, pleasecall us at 765-1809. Thank you. (/,}~otice of Disapprov~al issued by t~e Building Inspector after his/her review of this particu, lar, pmjec~t map~ ~ p_~_/_~ ~ ~ C eck ~a~ ~ o - (t,)/Che ck.paya~ble to the Tow. n o.f Southold totaling $ ,~ ~_ ¢~~/~ 4V.~o/~ of preparation to be shown.) ( ) Setbacks must be shown for the subject building to all property lines, with preparer's name. (). Six (6) sets of a diagram showing the doore, number of stories, and average height (from natural grade). (~Ownerahip Search back to April 23, 1957 for the subject parcel and all adjoining parcels, certified by a title Insurance company, and insuring the Town for $25,000. ( ) Copies of all current deeds and tax bills of the par=els back to Real Property Tax Service Agency1wu~r'~ RLverl~°c]~ ~ ~*~ York ~