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Home My WebLink About6319~r BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider 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 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 /o: FINDINGS, DELIBERATIONS AND DETERMINATION ft/~ .... /-~.~/~ MEETING OF OCTOBER 21, 2010 C.~,~ ~./. ~ Town Clerk ZBA FILE: SE 6319 NAME OF APPLICANT: William A. Penney, III PROPERTY LOCATION: 46520 CR 48 and Youngs Ave., Southold, NY SCTM 1000~55-5-2.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Unlisted Action category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. 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 August 10, 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: The Applicant's property is a conforming 65,179 sq. ft. parcel in the General Business B Zone. The northerly lot line measures 211.75 feet along CR 48 with an additional 162.01 feet continuing as an arch shape road frontage along the intersection of CR 48 and Youngs Ave. The easterly lot line measures 136.39 feet along Youngs Ave. The southerly lot line measures 285.17 feet along adjacent property within the Residential Office Zone, and the westerly lot line measures 208.10 feet along adjacent property within the Limited Business Zone. The property is currently improved with the Applicant's 3,870 sq. ft. commercial building, and a 500+/- sq. ft. "as-built" accessory shed as shown on the site survey drawn by S. L. Maresca Associates dated Dec 21, 2005, and last revised July 24, 2009. The property is used for the business known as Tidy Car. BASIS OF APPLICATION: The Applicant requests a Special Exception under 280-48B(12) for approval of the proposed use to conduct motor vehicle and accessory sales.. ADDITIONAL INFORMATION: The Applicant's property was granted a Special Exception use as a vehicle service station by ZBA decision 154 of April 27, 1959. Another Special Exception Page 2 - October 21, 2010 ZBA File#6319SE Penney, III CTM: 1000-55-5-2 2 use as the Southold Garden and Service Center was granted by the ZBA decision 273 dated May 23, 1960. Town Planning Board site plan approval is also required. All parking and screening will be determined by the Southold Town Planning Board as provided under the Zoning Code site plan regulations for the General Business B Zone District. In a memorandum from the Planning Board to the ZBA, dated Aug. 24, 2010, The Planning Board recommends the following conditions be attached to a ZBA Special Exception for this location: 1. Products shall only be displayed within the designated areas described as "Display Area" & "Staging Area" shown on the approved site plan. 2. The ZBA reserves the right to hold a public hearing on due notice to consider rescinding the Special Exception, if it is determined that the property owner is in violation of the above stated condition. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on Oct. 1, 2009, Dec. 3, 2009, and Aug 26, 2010, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, and upon review of the Code requirements set forth pursuant to Article XXV Section 280-142, 143, 144 Special Exception Uses, the Zoning Board finds and makes the following determination: REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings: A. The use of this property to conduct motor vehicle and accessory sales is permitted in this General Business B Zone District under Section 280-48B(12) of the Town Zoning Code, subject to special exception authorization of the Zoning Board of Appeals, and also the site plan approval of the Town Planning Board. The applicant has applied for permission under this section to "sell and service recreational vehicles and automotive trucks and to sell camping accessories." At the request of the Board, the applicant's agent, Thomas J. McCarthy, submitted a letter dated September 9, 2010, and received by the Board of Appeals on Sept 14, 2010, listing the specific items to be displayed and sold on the subject property. This letter stated that "a list of display items include, but not limited to, are recreational vehicles, watercrafts, chairs, kayaks, canoes, water sports and camping equipment." While the Board recognizes that these proposed sales items are all permitted uses in the General Business B Zone, the sale of watercrafts, kayaks, canoes, water sports and camping equipment does not qualify as sales that are accessory to the sale of motor/recreational vehicles, but instead constitute additional and separate retail uses of the property that are not permissible in conjunction with the use proposed herein, without additional special exception and site plan approvals by the ZBA and the Town Planning Board. However, the Board does not take issue with the sale of accessory items that are specifically related to the sale of motor/truck/recreational vehicles such as tiros, replacement parts, headlights, and items that attach to the vehicles themselves like bike racks, trailers, awnings and the like. As limited above, the Board determines that a motor/recreational vehicle and accessory sales business use is customary to the General Business zoning ordinance and will not adversely affect the neighborhood when meeting the code and site plan requirements. B) The use of the property to conduct motor vehicle and accessory sales will not prevent the orderly and reasonable use in this zone district and adjacent districts. The use is a permitted use Page 3 - October 21, 2010 ZBA File#6319SE - Permey, II1 CTM: 1000-55-5-2.2 in this Business Zone. The adjacent property on the north, across CR 48, is Agricultural property in the LB Zone, with the Town of Southold retaining all development rights. The adjacent properties to the east, across Youngs Ave., are in the B & RO Zones. The adjacent property to the south is in the RO Zone. The adjacent property to the west is an agricultural property in the LB Zone, with the Town of Southold retaining all development rights. C) The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected by the proposed use and its location. The Applicant's site plan has designated curb cuts for road access, designated customer parking areas, and designated sales and display areas, for the orderly conduct of customary business. The site will be landscaped to the specifications of the Applicant's approved landscape plan. D) The use will be in harmony with, and will promote the general purposes and the intent of the code. E) The use is compatible with its surroundings and with the character of the neighborhood, and of the community in general, particularly with regarding to visibility, scale and overall appearance, so long as the applicant complies with limiting the display of products and inventory to the display areas approved by the Planning Board on the site plan dated 11.30.09 and installs the proposed Planning Board approved landscaped buffers on said survey to screen the staging area and sales service and display yard from Youngs Avenue and Route 48. F) The structures, equipment and material will be accessible for emergency protection. G. The operation of motor vehicle and accessory sales will not cause undue interference with the orderly enjoyment by the public or by other governmental agencies. H. Off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate is subject to review and approval of the Southold Town Planning Board under the site plan regulations. 1. There is no evidence to show that them will be any hazard to life, limb or property because of fire, flood, erosion or panic by reason of or as a result of the use or by the building to be used, or by the accessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus. There will not be undue concentration or assemblage of persons upon such plot in the conduct of motor vehicle and accessory sales. BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Homing, seconded by Member Schneider, and duly carried to: GRANT, the Special Exception, as applied for, to conduct motor vehicle and accessory sales on the premises, as shown on the Planning Board approved site plan by S.L. Mamsca Associates last revised on 11.30.09 and received by the ZBA on September 14, 2010 and the four page proposal for a landscape plan received by the Board of Appeals on Sept 14, 2010 titled Tidy Car Landscape list Page 4- October 21,2010 ZBA File#6319SE- Penney, lli CTM: 1000-55-5-2.2 SUBJECT TO THE FOLLOWING CONDITIONS: 1. Products shall only be displayed within the designated areas described as "Display Area" & "Staging Area" shown on the Planning Board approved site plan. 2. Items to be displayed shall be limited to accessories for trucks, trailers, and recreational vehicles only. This Special Exception Permit does not authorize the expansion of retail sales into products associated with watemrafis, canoes, kayaks, water sports or camping equipment as proposed in a letter from Thomas J. McCarthy, the applicant's agent, dated September 9, 2010 and 3. The ZBA reserves the right to hold a public hearing on due notice to consider rescinding the Special Exception, if it is determined that the property owner is in violation of the above stated conditions. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Weisman (Chairperson), Homing, Dinizio, Schneider. Absent was: Member Goehringer This Resolution was duly adopted (4-0). W OR_T ROAD ' C.R. - - N 67" 06' 40' E ~NDSC~ED ASP~LT ~ ~ ' PAVED A~ ~ P~NG ~ BE (DISP~Y AR~} ,[:[; ...., ...........,.~ 8 SWINGING ~STING W~L aOU~ LIG~ F~ (WP-I 9 :':': : : : : ": ":': '::: / ~ 10 /- ::::. ,'.': ASPHALT :,:.,... .: :: PAVEMENT SALES ~i~/iCE'"::;;;, ~4 (STAGING .... ' ' ~.~: '.:.~?:.:.::. .:: 224.44' REMPE 'RESIDENTIAL OFFICE' SITE PLAN SCALE: 1"=20' ALL SITE DATA FROM a SURVEY BY PECONIC SURVEYORS, PC, SOUTHOLD NY 04.04.97 / REVISED 03.06.04 TIDY CAR ~'OUNGS AVE. E NORTH ROAD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK TAX M~P NO. 1000-55-05-2.2 PROPERTY OWNER: WILLIAM PENNEY cio TOM MCCARTHY McCARTHY/v[ANAGEMENT, Inc. 46520 RTE. 48 SOUTHOLD, NY 11971 SITE DATA ZONING CLASSIFICATION PROPOSED USE TOTAL AREA OF SITE B-GENERAL BUSINESS MOTOR VEHICLE SALES/OUTDOC 1.4963 ACRES / _+65,179 SQ. Fr. , SETBACKS: ONE SIDE YARD 25 FT. SIDE YARD TOTAL 50 FT. REAR YARD 37.4 FT. FRONT YARD 87.4 FT. MAX. BUILDING HT. 35 FT. AREA OF EXIST'lNG BUILDING AREA OF PAVEMENT AREA OF GRAVEL AREA OF CONCRETE WALK NATURAL/LANDSCAPED 3,870 SQ. FT. (5.9%) 15,838 SQ. FT. (24.3%) 21,517 SQ. FT. (33%) 468 SQ. ET. (0.8%) 23,486 SQ. FT. (36%) COVERAGE: (BUILDING) ALLOWED- 19,555 SQ. FT. OR I EXISTING - 3,870 SQ. FT. OR COVERAGE: (LANDSCAPING) MINIMUM LANDSCAPED AREA REQUIRED 22,814 SQ. FT. OR (35%) PROPOSED- 23,486 SQ. FT. OR (36 %) PARKING CALCULATIONS EXISTING PARKING: 15 SPACES (Approved as per Southold PLannin8 Board, Sept. 14, 1987) PROVIDED PARKING: 15 SPACES (REORIENTED) (INCLUDES 2. HANDICAPPED SPACES R SALES )%) ,9%) RECEIVED SEP I 4 20!0 BOARD OF APPEAL¢ ig "' '" Owwww~ W <zz<m DATE: 12.21.05 SCALE: AS NOTED SHEET OF 1 SHEETS Tidy Car Landscape list 38 Arborvitaes 4'-5' - 4' on center 20 Buttercup shrubs 9 Junipems 'Old Gold" 3-gal 12 Rhododendron 'PJM' 3 - gal 18 Hydrangea 3 - gal BOARD 0 A.O.O.O.O.O.O.O.O/~E~ 'S 3" S 76° 17' 40" W SEP 1 4 2010 BOARD OF' APPEALS Pi :~EVIEWED BY ZBA iEE DECISION # ~ OA-i'EO..~... I ~_.~- / ~?-~ (RAILROAD AVE'N AVL- :INAL MAP [EVIEWED BY ZBA EE DECISION # ~ DATED__~_0. I '_7_ I___/~._~__ RECEIVED BOARD OF APPEALS V=J~V C]'~dVC)SC]~ ' H.L ON RECEIVED ~ji~ BOARD OF APPEALS :INAL MAP ~.EVIEWED BY ZBA ;EE DECISION # _g,.~?~b,... :)ATED_._.C/~1 ? I.__/ ~ - WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI 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 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Wiseman, ZBA Chairman Members of the Zoning Board of Appeals From: Martin H. Sidor, Planning Board Chainnan Members of the Planning Board Date August 24, 2010 Re: William Penny III (Tidy Car) SCTM# 1000-55.00-5-2.2 ZBA# 6319 The Planning Board is currently reviewing the above-mentioned site plan application to conduct motor vehicle and accessory sales on a site that was previously reviewed by both the Planning and Zoning Boards. The previous site plan was approved in 1987 for two additions to an existing structure that included an office area & two bays for cleaning cars followed by, an area variance (ZBA # 4826) granted to increase the size of the building with a specific condition that prohibited outdoor display. The following information is for the Zoning Board to consider: Subsequently, the applicant was in violation of their approved site plan and condition of their ZBA approval. The applicant was required to submit a site plan application, received on 9/23/09. The applicant is now requesting to legalize the outdoor display of products and proposing an outside display area adjacent to the corner in-between the parking area with a second area, proposed as "Staging Area" located in the front yard near the south property line. Based on a site inspection and review of the site plan dated 11/30/09, it appears that the outdoor display would be in keeping with the use and area provided there are conditions to limit the number and location of products being displayed. The following conditions are recommended for your consideration. Products shall only be displayed within the designated areas described as "Display Area" & "Staging Area" shown on the approved site plan. The ZBA reserves the right to hold a public hearing on due notice to consider rescinding the special exception, if in determined the property owner is in violation of the above conditions. We hope that the information provided to you is helpful. Should you have any questions or need additional information, please contact the Planning Department. Page 1 of 1 Toth, Vicki From: Winser, Kristy Sent: Thursday, August 26, 2010 10:01 AM To: Toth, Vicki Subject: FW: Tidy Car SEQRA I was out yesterday! FYI This is how we were reviewing SEQRA & I will attach my memo from Planning but we had no major issues with the special exception. I will forward the memo to you later today. ..... Original Message ..... From: Terry, Mark Sent: Tuesday, August 24, 2010 8:35 AM To: Winser, Kristy Cc: Andaloro, 3ennifer; Lanza, Heather Subject: Tidy Car SEQRA Kristy, Please verify that the proposed use for the Tidy Car site plan application is storage and staging areas for vehicles (trailers) and that no permanent structures would be permitted in these areas. If this is the case, then a Type II determination (15) "minor temporary uses of land having negligible or no permanent impact on the environment" could be made. My only concern would be impacts to the NYS Scenic Byway, however, the Planning Board can address that issue if necessary. It is difficult to mitigate such impacts to scenic character because the use revolves around the display of large vehicles. Street trees, however, would improve the view and provide a break up of the vehicles. Mark Terry Principal Planner LWRP Coordinator Town of Southold Planning Department P.O. Box 1179 53095 Main Road Southold, New York 11971 (631) 765-1938 Mark. Terry~town.southold. ny. us 8/27/2010 P~G BOARD MEMBERS MARl'IN H. SIDOR Chair WILLT,A.M ..1'. K~NNETH L I~.DWARD8 DONALD J. WILCENSKI JOSEPH L. TOWNSEND June 17, 2010 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OF~'ICE LOCATION: Town Hall Annex 54875 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, Iffy Telephone: 631 78~i-1938 Fax: 6~1 76~-91~6 Thomas J. McCarthy 46520 CR 48 Southold, NY 11971 Re: William Penny III, Tidy Car 45450 CR 48, Southold SCTM#1000-55-5-2.2 Dear Mr. McCarthy; I'm writing as a follow up to the Planning Board Work session held June 14, 2010 for the above referenced site plan application whereas your application was accepted for review and referred to involved interested agencies for comment. Once the comments are received and reviewed by Staff, and the Planning Board, comments will be drafted by the Planning Board and sent to the Zoning Board of Appeals for consideration of your special exception. Thank you. Sincerely, Kristy Winser Sr. Planner Planning Board Heather Lanza, Planning Director Zoning Board ~PLA~qING BOARD MEMBERS Chair ~LLI~ J. CREME~ ~NNETH L. EDW~S GEORGE D. SOLOMON JOSEPH L. TO--SEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Gerard P. Goehringer, ZBA Chairman Members of the Zoning Board of Appeals From: Martin H. Sidor, Planning Boarc~~.~ Members of the Planning Boar~/ Re' William Penny III (Tidy Car) ' SCTM~1000-55.00-5-2.2 ZBA~6~!~ The Planning Board received your request for comments regarding the above application for a special exception permit to conduct motor vehicle and accessory sales located on the s/w corner of C.R. 48 and Youngs Avenue, Southold in the B zoning District. It should be noted that the applicant is currently in violation of their approved site plan and are required to formally submit an amended site plan to be considered by the Planning Board. It is recommended for the Zoning Board not to entertain a special exception at this time until the applicant submits an amended site plan application for a comprehensive review so the Planning Board can provide adequate comments. We hope that the information provided to you is helpful. Should you have any questions or need additional information, please contact the Planning Department. Thank you. CC: Planning Board Heather Lanza, Planning Director DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE AUG 1 0 2009 BOARD OF APPEAL~ THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING July 3 l, 2009 Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 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 Sokol, Marc & Deirdre Penny III Swing, Robert Ehrlich, Richard (Main Road Corp.) 6318 6319 6320 6322 Very truly yours, TRK:ds 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 ~ ~ - ~ NOTICE OF DISAPPROVAL ~ DAT~: June 19, Reviskd: August 5, 2009 TO: William A. Penney, II1 ~ ~~ C/o McCa~hy Management 46520 CR 48 Southold, NY 11971 Please take notice that your application dated June 3, 2009 For permit to conduct motor vehicle and accessory sales: Location oFproperty: 45450 CR 48, Southold, NY County Tax Map No. 1000 - Section 5~5 Block 5_ Lot 2.~2 ls returned herewith and disapproved on the following grounds: The proposed use on this 65,179 sq. ft. lot in the General Businegs B zone is permitted and pursuant to Article XI, Section 280-48B(12), site plan approval from the Planning Board and a special exception from the Zoning Board of Appeals are required. Furthermore, the existing shed (constructed without a permit) is not permitted pursuant to."~, ~ '~ ]~rticle XI Section 280-~8(C)(1), accessory structures shall be located in the required '( '¢ ~ { rear yard. ' ,...~ The shed is located in the side yard. Authorized Signature · ° n Note to Applicant: Any change or deviaUo to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Planning Board, ZBA SOUTHOLD TOWN BOARD OF APPEALS Phone (631) 765-1809 Fax (631) 765-9064 APPLICATION FOR SPECIAL EXCEPTION J~J~ Application No. Date ~iles: I (WE) h~eby apply to the ZON~G BOA~ OF APPEALS, Sou~old. New York for a SPECIAL EXCEPTIONsuBSECTiONin accord~ce~ with~the ZON~Gxl. O~ANCE,~n ARTICLEt , SECTIOn,, ~ ..'~" Own~s)(asapplica~t): ~0 ~OC~ V[aa eme . Mailing Address: ~{~O ~ ~ .%m*~O[~ [)q llqD I L Telephone: [~ I ~ {~ff; ~ ~ ~ ' - ' - ~ -~ ' ' ' NOTE: If applic~t is not the owne~ state if applicant is owner's a~ome~chitect, builder, contract vendee, etc. ~ ~ ~ ~ ~, ~ AuthorizedRepres~tative: I ~D~ ~. Address: ~ ~ ~ ~ ~ ~ ~ ~ } ..... Telephone: ~'} IV ~ ]~ ~ Iq ~)U For the below-described prope~ for the following uses and pu~oses (~d as shown on the attached drawn to scale): (attach separate sheets if ne~ed) A. Statement of Ownershin and Interest: [,}~ ¢, ~ t t-O_I/V'~"'"'~'Vh r~ ~ cd '~-~! ~ ds (~e) the owners) of prope~v known and refe~ed to as ~Sq~ o ld, l lq / (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section ~ ~'~ , Block --5 , Lot(s) ~, ~. , which is not {~ on a subdivision Map (Filed ., "Map of Z _~ ." Filed Map No. t --/ ~ ,andhas ~proved by the Southold Town Panning Board on I ID /:~ Or l I ~ as a ~'l'l'l'l'l'l'l'l'l~n o r~]) [ M aj o r ] Subdivision). ~e~-'~fi~ve-described property was acquired by the owner on ~ t ~ 5 Il . B. The applicant alleges that the approval of this exception would b~ In harmony ~vithlthe intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed ~erefo~ in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. Thepropertywhichisthesubjectofthisapplicationiszoned [)0~lf'~ and [ Ir is consistent with the use(s) described in the Certificate of Occupancy(copy attached). [ '/] is not c~onsisto~t with the C~rtific~te of Qccupancy being furnished herqv~th foBthe following' ~ II ' reason(s): [~{~ ~)~ STA OF NEW vOPaC) / _ . . J .~- -- before rthi day of (Notary Public) ZBA RtRh Love 2 (rev. 2/06) ~qo~a~] I%bfi¢ State o! New ¥or~ No. 0~ LOB0540B3 Qualified in Suffolk Count'/ I Commission Expires March 5, 20 -J-/--- The use and purpose of the mentioned parcel is a recreational vehicle sales and service - Automotive truck and camping accessories. The back display area for the recreational vehicle sales (see site plan attached) is approximately 80' X 160'. The front display area is approximately 30' X 50". APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) ~'x For Demolition of xlstlng Building Areas [a Please describe areas being removed: tO II. New Construction Areas (New Dwelling or New Additions/Extensions): ~) ~ Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: IlL Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: ~-~ ~C) ,,_~ Proposed increase of building coverage: f~/ ~Square. footag~eofyourlot: --~(0~', I-lq ~O rercemage oxcoverage of your lot by building area: D _ V. Pnrpose of New Coustruction: f~) ~ VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land .~~~[~w it relates tq the difficulty in meeting the ~ode requirement(s): -- ~ , Pliase s~it ~even (7) p~otos, labeled to show different angles~of yard areas after st~ng corners for new construct[on), and photos of building area to be altered with yard view. ~ ~ 7/2002; ~2005; 1/2007 PROJECT LD. NUMBER 617,20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) . i",hl,.u N',, ON OB .... ,.ff 5. IS PROPOSED ACTION; ~New E,xpanslor, MOdlflcltlordallerallon "6. DESCRIBE PROJECT BRIEFLY: ,..,.,,. _ I. qq(o~ 8. WILL PROMED ACTION COMPLY WITH EXISTING ZONING OR O~HER B~'I1NG LAND U~E RBCTION~? {~ 'res [~] No II No. descrtb. 9, WHAT IS PRES~=~T'~,AND USE IN VI~N[TY OF PRQJFCT? SEQR 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, dyes [~ No If ~, list agettcy name arid permlt/~oprOvll 12. AS. A RESULT OF PROPO.e~ ACTION WlL--'~)EXlb~"ING I~ERMrr/APEI~OyAL P.I~=I3<JIRI= MO.~..~.~I~ON? I CERTIFY THAT THE INFORMATION PROVII)r~I A~OVE IS T]~JE TO THE SF.b'~j CF MY KNOWERSj . ' If the action la in the Coastal Area, and you sm a state agency, complete the Coastal Assessment Form before proceeding with this assessment I OVER 09/08/2009 2~:02 09/09/~8~ i0:~0 63176558al~ REC~I¥~/08/2005 22:45 0317059064 MCCARTHY REAL ESTATE PAGE 02/02 0317655816 II~[IMCCARTHY ~ E~-I-A'I'~ Ac~mCuL'r~ac~ DATA STATIi1H~I~r ZOA'~G BOAI~ OF · TOW'~I OF SOUfliOLD 8EF _ 9 2..9 1-14-49 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use p~r. edt, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural distric~ All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. l) Name ofApplicant: f~[] (~{ ~/~/~v'30~('~ofV~Qtq-~L ; _.,~/'3~ . 2)AddressofApplicantiqLa,~',.-~C) O~ ~-~', ~-~e~O~l~O]~_.. ~)Q l lqrl) 3) Name of Land Owner (ifo,ther than ap~ic~afi~: ~Dl[ ['1613'vL )ta, o~,,q~'~t ~ 4)AddressofLandOwner:'q~q~"-O ('~-~ ~ :S~o~}3O]~ ~"Q---i'-lq"/ 1~ 5) D_.'~qe,'in/inn ofP_rooosed Proiect: C~.~3..~q5,~. - [~.%,~.'~lT'(~tn,s._.~ I~O~'~l~t~)t 6) Locatio-n of Property (road and tax&ap number : qq q S"D E'(& I Oe, O 5'-- 7) Is the parcel within an aghcultural district? I~No [~Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? I No ['~Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundmy of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System, Name and Address (Please use back sid~ ~f page if mo~ th~ s~x-pro~e~ ~e~s ~re identified,) The lot nut.rs majf be obtained, in advance, when requested from either the Office of the Planning Board at 765 ' 1~3 ap. ~e Z~/~/~°~?t °/~' gigna~[~App lic ant J Date Note: 1. ~e local ~ard will solicit commen~ ~om ~e own~s of land identifi~ above in ord~ to consid~ the effect of the p~s~ action on their f~ op~ation. Solicitation will be mMe by supplying a copy of this s~t~t. 2. Commits r~um~ to ~e local bored will be t~ into consid~tion as pa~ of the ov~all review of this a~lication. 3. Copies of the ~mplet~ A~cultural Da~ S~tem~t shall be sent by applic~t anWor the cl~k of ~e ~ard to the pro~ own~ identifi~ above. ~e ~st for mailing shall be paid by ~e applic~t at the time ~e application is submi~ for review. Failure to pay at such time m~ns the application is not complete ~d cannot be act~ u~n by the board. 1-14-09 QUESTIONNA/RE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? D Yes )~tNo Are there any proposals to change or alter land contours? ~No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? /~0 2) Are these areas shown on the map submitted with this application? [~) 3) ~ls,,th..e property bulkheaded between the wetlands area and the upland building area? Wu 4) If your property contains wetlands or pond areas, have,~t~fia~contacted the office of the ~ow.n Trustees for its determination of jurisdiction? ~ t~l . Please confu'm status of your ~nqmry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or slopin~ el0vation near the area of proposed construction at or below five feet above mean sea level? ~1 ]~ E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? .~.~} £'~ (Please show area of these structures on a diagram if any exist. Or state "none" o~a the above line, if applieable.) F. Do you have any construction taking place at this time concerning your premises? ~ b If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? ~ D if yes, please label the proximity of your lands on your map with this application. H.~. Please list pr~:sent use or operations condu~l, at this parcel at,O(Oty-iO ~, !~, %¢'~10-~' ~ ~-n andpr°poseduse~eO--r~o~OC,o~tL0 ~/'o~x~O_lt~ ~-q'5 1~ (e~¥p~es: exis~d]~:~in~¢e-fami~ proposed: same w~h garage or pool, or other description.) 2/05; 1/07 Autho"d;Z'~ Sign~ APPLICABL"E'TO OWNER, CONTRACT VENDEE AN~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 conflictp-gf ipterest and allow it to take whatever action is necessary to avoid same. (Last n~me, first name, middl[~ initial, Unless ~)fi are ~pplymg in the name of someone else or other entity, such as a company. If so, indicate'tile other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *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 Southold? "Relationship" includos by _blood, mamage, or business interest. ~Business interest" means a business, including a partnership, in which the Town officer'or employee has even a partial ownership of (o, employment by) a corporation in which the To,yn officer or employee owns more than 5% of fl,,. shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) 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 Print Name: '"Vlq Q{__ Qidy Car/Easl~ End Cer C&re, InC. Younga Avenue anti North Rowel 48 $outhold, NY' 11971 LETTER OF AUTHORIZATION To 9Vhom it May Concern: Bill Penney', Ti~Jy Car ancl East End Car Care, Inc. authorize T,~Omae d. McCarthy and/or McCarthy Management, In¢,, to act on our behalf in re~an:le to Real E~tate, Construction, and Development mattera, Thank you. , $~cerely, Bill Penney 8ouchold, FOKi~ NO. 4 TOWN OF $OUTtlOI.D BUILDING DF-PARTMENT TOV/N CLERK'S OFFICF, SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY THIS CERTIFIES that the building located at ~'~[..J~iJ~..JJoa~..&..~lm~e,~..~te Street conforms substantially to the Application for Building Permit heretofore filed in this office dated .................................. Jk!lg~l~t, ...... ~ ..... 19.61.. pursuant to which Building Permit No. dated ......................... ,~1293.l~.~,....~.., 19...6~, was issued, and conforms to all of the requirements of the applicable provisions of the knv. The occupctncy for v~hich this c/~rtificote is is. sued is .......... (owner, lessee or t~gant) of the ~fbresaid building. .~ . -- Building InspectoJ ', '- HENRY E. RAYNOR, Jn. Cha/rman -IAM ES WALL BENNETt ORLOWSKI, Jr. GEORGE RITCHIE L~THAM. WILLIAM F. MULLEN, TEI.~HONE '/65-1938 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION.OF ACTION The minor subdivision of Frank W. Abrams, Jr. is a three-lot subdivision located at Southold. The 'project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as .planned. ~ Because there has been no response in the allotted time from the New York State Department of Environmental Conservation it is assumed that there is no objection nor comments by.that agency. The Suffolk County Department of Health Services has no objection to the designation of lead agency and is in agreement with the initial determination. This Depart- ment has received an application and it is complete. It appeam that the project can be served by Subsurface Sewage Disposal System(s) and a Public Water Supply System. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Mrs. Su~an E. Long, Secretary, Southold Town planning Board, Main Road, Southold, New York 11971 FORMER OWNER RES. SEAS. IMP. TOWN OF $OUTHOLD PROPERTY RECORD .,CARED ~\~ SUB. LOT YL. TOTAL N S FARM DATE REMARKS MICS. ACR. TYPE OF BUILDING MEt, Value NEW' FARM Fillable Voodland Aeadowland {ouse Plot 'oral BUILDING CONDITION NORMAL BELOW ABOVE Acre Value Per Value Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD .DOCK COLOR ' TRIM M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio O, Total Foundation Ext. Walls Fire Place Type Roof Recreation P~oom Dornl~r Both Floor~ Ihtefior'Fi~ish Heat Roams 1st' Floor Rooms 2nd Floor Driveway inette LR. DR. BR. FIN B TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined ,20 Approved 20 __ Disapproved a/c Expkation ,20 PERMIT NO. BUILDING PERIVIIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 se~s of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: Phone: [ [JtJt, I 3 2OO9 BLDG. DEPT. a. This Building Inspector PLICATION FOR BUILDING PERMIT Date INSTRUCTIONS etely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of tans, 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 regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature bf applicant o~ame, if a co~poration) (Mailin~ address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder own o,%m, s ~.,,..~ ~ -- - --' __ ' (As on me tax rollbr ares oecd) If appl{cant i~rporafi~h, i~thorized officer Builde~' Lic~ise~7- Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which orooosed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section '~'~"~ Block ~'- Subdivision Filed Map No. (Name) State existing use and occupancy of pr~n~ise~kand intended us~ and pccu~ancy of proposed .0enstmgtion: a. Existing use and occupancy l~tj'FOm~"}O~.~,~/ ]~d~O-Tt~ .~t~t~-I~ . b. Intended use and occupancy ~5~ l~q ~' 3. Nature of work (check which applicable): New Building Repair Removal Estimated Cost ~,x If dwelling, number units of dwelling If garage, number of cars 6. Addition Alteration Demolition ~ Other Work ~<-~ { ) ~ Fee/.~ (Description) (To be paid on filing ,tl~s application) Number of dwelling units on each floor'~ If business, commercial or mixed occupancy, specify nature and extent of each type of use..~- ! Dimensions of existing structures, if any: Front ~¢ Rear Depth Height Number of Stories ;i! %~ ~ ~- Dimensions of same structure with alterations or additions: Front Depth Height. Numbe~ ~. Dimensions of entire new construction: Front Height Number of Stories 9. Size oflot: Front ~-)OC>-4- Rear ~,QO~. tO l~ 10. Date ofPurchase ,_~ (~)0 1~--6'D--''/' Nameof, r Owner Rear t_ ~.Depth ~ 11. Zone or use district in which premises are situated ~. proposed construction violate any zoning law, ordinance or regulation? YES__ Does NO 13. Will lot be re-graded? YES__ NO __Will excess fill be removed from premises? YES__ NO Name of Architect Address Phone No Name of Contracto~/~O(~_0o-t'J-ta ~,/,/~r,~,,_,,~t4- Addr~C[~-'-d <,_,~ Oxt~o ~ Phone No.'~6,5---- ~Cfl~ 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__NO'~ * 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. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) )~ ~1~_ fi D (q~o~ ~) O}~ being duly sworn, deposes and says that (s)he is the applicant ~me of ~hdml sing con~ct) above nmed, (S)He is ~e (C~actorfAgent, Co,orate Officer, ~c.) of s~d owner or owns, ~d is d~y authored to p~om or ~ve p~o~ed ~e said work ~d to ~e ~d file ~s application; ~t ~1 statm~ts con~ ~ ~s application ~e me to the best offs ~owledge ~d belief; ~d ~at ~e work will be p~om~ in ~e ~ s~ fo~ ~ ~e applicmion filed th~ewi~. S~o~ before me this yof 20o Notary Public Ruth Love Notary Public State o! New York No. 01LO6054063 Qualified in Suffolk County CommiSsion Expirss March 5, 20 TOWN OF CAVNER FORMER OWNER VL. STREET DISTRICT SUB. LOT ACRF_AGE SEAS, -IMP. TOTAL NEW NORMAL Farm Acre 1 Tillable 2 Tillable 3 Woodlanc~ 3rushland House Plot BELOW Value Per Ach FARM DATE REMARKS Value ~enslon ~m~tensJon Breezewa Garage Foundation Basement Ext. Walls Fire Place Patio Driveway Porch Porch Floors~ i:. Hec~ Attic Rooms R~ms 2 st Floor ~d Floor Bath AI~E~M~S BOARD IVlEMBEP~S/'~'~ Gerard P. Goebr'mge~. Chaima,~a .lames Di~zio. ,Ir. Lydia A. Tonora Lora S. Collins G~orge Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DEUBERATIONS AND DETERMINATION MEETING OF JANUARY 18, 2004 Appl. No, 4826 - wIr~UAM PENNEY III. width greater than 60 ft. wide. STREET & LOCALITY: Comer of C.R. 48~and Youngs 2.2. DATE OF.~PUBUCHEARING: June ~ 2000, October 19, 2g00;:December 7 Southold TOwn Hall 53095 Main Road EO. Box 1179' Southold., New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 Variance for proposed building ~outh01d; Parcel 1000-55-5- Car), building: The propen'7 BASIS~ OF= APPEAL: concerning an application fo; The linear feet Of frontage on o~e 100-103C. The = from the we~t 48 .and Avenue. 1. ?i?J~icent v~ish~ to construct and d~play new ti~ventory, Including anAPplloant has iest~ that the ~i~nd maneuve~ .la,lie rvehiclea further L~stified that the storag~f these vehicles and he storage ,7000 Notice. Of Oleappmval t ~a propo.sed storage building. re~ ds that a "project shall be mom than sixty (60) *.100, Article X, Section 80x100 fi_ storage area 80 ~t. in width facilng.C.R. east 'towards. Youngs s building to house ara curranfly stored required to said business. the need for outside 3. This Is a. singla OCcupancybusl~ess u~e w!th, a!! ~t~)~-~e~ o~e r~o~,(~th~ r ~n as a strip mall ~vith'mu~tiPle uses, which is not pe~tl~ 'under C~ Semi0n t00-1'03C, * added by Local Law on 8-22-1995). REASONS FOR BOARD ACTION: 1. The granting of the ama variance will not, produce an undesirable change in character of neighborhood or a detriment to nearby properties. The new storage building should improve the appearance of the applicant!s property by providing an indoor place to display and store truck cabs and campers, which are ourrontly stored outside. The additional 20-ft. width of the structure, which is the subject of this variance, will be offset in appearance by appropriate screening set forth, and subject to this approval. 2. The benefit sought by the applicant cannot be achieved by some method, feeslble for the applicant to pursue, other than an area variance because the Town Code limits the width of structures to 60 feet, and the large size of the applicant's inventory require a width of 80 feet for storage, display and maneuvering. 3. The variance is substantial and represents a 30 percent increase over the. code required 60-foot width limit. 4. The proposed variance will not have an adverse effect ny Impact.~on the physical or environmental conditions In the neighborhood er district. No evidence has been preSentacl to suggest that the"varlance granted herein would have a negative impact on physical or environmental conditions in the area. RESOLUTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to GRANT the variance as applied for, SUBJECT to the: following CONDITIONS: 1. This approval Is subject to site plan approval by the Town Planning Board and further subjeot to approval by the To~a P!anal~g 80ard of a I~cN~In9 area between the front of tbs new building and County Route 48 to mlmm~ze the visual Impa~ of the new storage building. 2. There shall be no outdoor storage of vehicles for display, storage or sale In the area between the".fro~t of the new building and County Route 48. In cons dering this application, the Bonrd dceme this action to be th and adequate for t~e applicants to enjoy the ~benefit of Ifldoor st°rage {?f ~v~re~ vehlC~sa, and that the grant of this variance will preserve the character of the neighborhood, and the health, safety, welfare of the community. VOTE OF THE BOARD: AYEs: Members Goehringer (Chairman), Dinizio, Tortora, Collins. (Member Homing of Fishers Island was absent.) This Resolution was,~.~adopted (4-0). , ,QI~RARD I~. GOEHRINGE~R (~HAIR-MA ,~"~ TH~ SOUTI~ICLD TO~'~'I~ C~. ~OWn O. erk, Town o£ Sou'tt, old. NORTH ROAD C.R. 48 C? -% Appeal No. 1~ AcTION'oF THE zoNING BOARD OF APPEALS ACTION OF THE ZONING BOARD OF APPEALS OF ToWN SOUTHOLD Appellant at o meeting of the Zoning Board of Appeals on ~lk~l~'l ~.~)~ ~v,~l~' k~ the appeal was considered and the action indicated bel~ was token oh y~r ( ) R~uest for variance due to lack of access ¢o pr~e~ { ' ) R~uest for a special ~rmit under the Zoning O~inonce ( ) Request for a variance to the Zoning Ordinance 1. SPECIAL PERMIT. By resolution of the Board it was determined that a special permit ) be granted ( ) be denied pursuant to Article ...................... Section .................... 5ubse~:tion .................... paragraph. ..................... of the Zoning Ordinance, and the decision of the Building Inspector ( be reversed ( ) be confirmed because ~ARIANCE.. BV resoiution of the Board it was determined that ~trict 0pplication of'the Ordinance (wOUld) (would not) produce'undue hardship because ~"'~fhe hardship created (is) (is not) unique and (would) (would not) be shared by oil properties o~e~n the immediate vicinity of this property and in lhe some use district because variance (does) (d~es not) observe the spirit of the Ordinance and (would) (woUld not) change ~l~qarocter of the district b~cause ~'~'d t~erefore, it was further de~rermined Hot the requested variance ( ) be granted ( ) be denied ~at the previous decisions of the Building Inspector ( } be confirmed ( ) be reversed. ZONING BOARD OF APPEALS in writing. I ACTION OF THE ZONING BOARD OF APPEALS 'DATE ~..~...~.?G0 Appeal Nh. ~?~ Doted Miry 3~ 1~0 ACTION OF THE ZONING BOt..RD OF APPEALS OF Town OF SOUTHOLD · st o r~e~ting of th. Zoning Bo°rd of A~peo~s .o~, ~t~t~e~ayo ~ ].e, ;~o. !~e: op~eo~ wes' considered ohd the action indicated below was taken on your ( ) (~) ( ) ( ) Request for variance due to lack of access to property R~quest for a special exception under the Zoniag Ordinance Request fora variance to t~e Zoning Ordlnon~ 1: 'SPECIAL EXCEPTION, By resolutio~ of'~he ~onrd it was determined that o special exception (~) be granted ( ) be denied pursuant to Article......~..... Section ......~....~..;... Sub{ectJo~ .....: .......... p~ag~a~h ................ o~ the Zoning; Ordin=nce, end ~he decision ~ t~e Building' Inspector (~) be reversed ( ~ ~1~: ~6 ~e ~t~ ~ ee~ end ~e Xe~Xy e~XA~ed or ~~ st~ to ~ lo~e~ ~ elo~ ~ ~Ave (S) ~t ~ ~ ~ty l~e 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce undue hardship because (b) The hardship cre~ted (is) iis n6t) unique and (would) (would not) be shored by all properties alike in the immediate vicihity of this property and in the sdme use district because (c) The variance (doe~) (does not) observe the spirit of the Ordinance and (would) (would not) chonge the character of the district because 'and the~eforet, it was further determined that the requested voriadce ( ) be granted ( ) be denied and' that the previous,decisions of the Building Insgector (.) be confirmed ( ) be re, versed. ZOninG BOARD O~ APP~AL~ ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS ¥~kNAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: July 2, 2009 RE: Zoning Appeal No 6319 Transmitted herewith is Zoning Appeals No. 6319 William A. Penny, 111 C/O MCCarthy m~t3- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Questionnaire, Short Environmental Assessment Form Dated 6/23/09, Notice of Disapproval Dated June 19, 2009, Letter of Authorization fi.om William A. Penny (Tidy Car and East End Car Care) to Thomas J. McCarthy Management Inc. to act on his behalf in regards to this matter, Certificate of Occupancy Dated 9/04/01, Certificate of Occupancy Dated November 30, 1961, Letter of Transmittal from McCarthy Management Inc, Dated 6/24/09, Letter of Negative Declaration Dated October 24, 1983, Property Record Card(3 Pages), Survey of Site Plan Dated 12/21/05 Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 07/02/09 Transaction(s): 1 1 Application Fees * * * RECEIPT * * * Receipt~: 53441 Reference Subtotal 6319 $400.00 Check#: 0347 Total Paid: $400.00 Name: East, End Car Care 3585 Youngs Ave Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6319 Office 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://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 May28,2010 Thomas J. McCarthy 46520 Route 48 Southold, NY 11971 RE: William Penny, 1II Tidy Car ZBA File O's 6319 & 6336 Dear Mr. McCarthy: As per your request in your letter dated May 13, 2010 that the Zoning Board of Appeals move forward on the applications cited above, our office has scheduled them to the August 260', 2010 Public Hearing calendar. Please be advised that the Board will require an update from you and comments from the Planning Board regarding the status of Mr. Penney's (Tidy Car's) site plan approval and SEQRA at least two weeks prior to the hearing date. As these applications have been pending for some time, if you are unable to provide the requested information, the Board of Appeals, after review and discussion, has decided to withdraw your client's applications, and Mr. Penny will have to re-apply in order to obtain the required variances. Thank you for your prompt attention in this matter. . Chairperson CC: Planning Department Planning Board Code Enforcement McCarthy Management, Inc. RECEIVED ~AY 1 3 2010 BOARD OF APPEALS May 13, 2010 Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 RE: ZBA # 6319 and 6336 William A. Penney, Ill (Tidy Car) Dear Ms. Weisman: This letter is in response to your letter dated April 15, 2010 regarding ZBA # 6319 & 6336. We have submitted an amended site plan to the Planning Department today, May 13, 2010. At this time, McCarthy Management, Inc. requests that the Zoning Board of Appeals continue moving forward on the above project. Thank you. Thomas J. McCarthy President 46520 Route 48 Southold, NY 11971 Tel. 631.765.5815 Fax.631.765.5816 Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF $OUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 VIA CERTIFIED April 15, 2010 William A. Penney, III C/o McCarthy Management, Inc. 46520 Route 48 Southold, NY 11971 RE: ZBA #6319 and 6336, William A. Penney, III (Tidy Car) Dear Mr. McCarthy: On September 14, 2009, the Planning Board requested that the Zoning Board refrain from entertaining your request for a special exception and area variance until an amended site plan was submitted to the Planning Board for review. As of this date, you have not submitted the required information to the Planning Department, making it impossible for the Zoning Board to proceed with this application Your application is pending and has been dormant since December 3, 2009. The Zoning Board of Appeals is writing to inform you of their intention to close this application, unless within thirty days of your receipt of this letter, you send a request in writing to move forward and advise the Zoning Board that an amended site plan is submitted to the Planning Department. If you have any questions, please contact this office. Thank you for your attention in this matter. Leslie Kanes Weisman Chairperson (Endorsement Required) [] BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 26, 2010 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box t179, Southold, New York 11971-0959, on THURSDAY, AUGUST 26, 2010: 10:10 AM - William A. Penney III (Tidy Car) #6319 & 6336: (adj. from PH 1213109) Location of Property: 45450 C.R. 48 (a/Ida North Road or Middle Road) and Youngs Avenue, Southold; CTM 1000-55-5-2.2. Zone District: General Business B. The applicant is requesting the following, based on the Building Inspector's revised August 5, 2009 Notice of Disapproval: #6319 - Request for a Special Exception concerning vehicle and accessory sales, and #6336 - Request for a Variance concerning an as-built accessory shed building in a location other than the code-required rear yard. 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 prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki. Toth(~,Town. South old.ny.us. Dated: August 2, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 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 July 30, 2010 Re: Town Code Chapter 55 -Public Notices for Thursday, August 26, 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 Auflust 9th-' 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 Southold Town Assessors' Office, 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 arranqements were made in either a written statement, or durin,q the hearin.q, providing the returned letter to us as soon as possible; AND not later than August 16th: Please either mail or deliver to our office your Affidavit of Mailin,q (form enclosed) with parcel numbers, names and addresses noted, along 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 AuRust 18st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not 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 supplied for posting on both front yards. Please deliver or mail your Affidavit of Postinq for receipt'by our office before August 24, 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAM MAP # PENNY, WM. A. III 55-5-2.2 #6319, 6336 REQUESTS SPECIAL EXCEPTION, VARIANCE VEHICLE SALES; ACCESSORY BUILDING DATE: THURS, AUG 26, 2010 10:10 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 9885 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) 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..J._ week(s), successively, commencing on the 2010. 12th day of Au.qust, ~ Principal Clerk Sworn to before me this I~')'~ day of LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY AUGUST 26, 2010 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to S~ction 267 of the Town Law and Town Code Chapter 280 (Z, oning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TO~rN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road. RO. Box 1179, Southold, New York 11971-0959, on THURSDAY. AU- GUST 26. 2010: 9:30 AM - Steve and Ol~a Tenedios ~0407: Request for Variance from Code Section 280-15(F), based on an applica- tion for building permit and the Build- ing Inspector's June 11, 2010 Notice of Disapproval, concerning proposed two story two car accessory garage, 1) loca- tion in a side yard when a front yard or rear yard ineafon is code-required on a waterfront parcel, at: 17327 Main Rd.. East Marion. SCTM#1000-23-1-14.10. 9'.50 AM - JndBh B. UBman and Ju- dirh A. Moch #6403: Request for vari- ance b-om Code Section 280-124, based on aa a~plinatioa for building permit and the Building Inspector's March 2, 2010, updated May 25, 2010 Notice of Disap- proval concerning proposed foundation reconstruction and alteration to year round dwelhng at: 1) less than the code requked b-oat yard setback of 50 feet; 2) less than the code required side yard setback of 15 feet; 3) conversion of front porch to habitable space which pursuant to"Walz" constitutas an increase in non- conformance. Property located at: 7617 Soundvinw Ave.,(adj. to Great Pond aka Leeton's Lake) Southuld SC'TM#1000- 12/3109) Location of P~operty: 45450 C.R. 48 (a/k/a North Road or Middle Road) and Youngs Avenue, Southold; sales, and #6336 - Request for a Variance con- cerning an as-built accessory shed build- 2010. I'~T'f'~A 'V~ LYN SKI NOTARY PUBLIC..STAT~ OF NEW YORK No. 0!-v06105050 Qt;O~ifJed ffi Suffolk County yI~NETI$ #6396 ;Location of Property: 2600 Takaposha Road, (adj. to Corey Harbor) SouthoM; CTM 1000-87-6-4. 280-D6-B and 2&0-124, based on the Building Inspector's April 20, 2010 No- tice of Disappr. ova] concerning an ap* will be: 1) less than the code-required mini- mum of 75 feet from the bulkhead, 2) less than 35 feet from the f~ont lot 4) less than 25 feet for both (com- bined) miniraum side yard setbacks, 5) exceeds the code limitation of 20% maximum lot coverage (building area), Carryover Heatings, continued from prior meetings and pending additional Adjourned from Public Hearing May 20, 2010: #6379. (adj, from May ~0, 2010 PH) quest for Variance from Code Section 280-70(i) based on an application for building permit to co-locate on existing equipment, and the Building InSpeCtor's August 13, 2009, amended Dec~mhar 8, 2009, updated March 4, 2010 Notice of exceeding the code required maXUnum height of 45 feet and the pz~or height g~a nted of 90 feet; at 23300 Main Rd. and Tabor Rd., Orient, NY. SCRM#1000-18- 5-13.8. Zone RS0. Adjourned from Public Heating June 30, 2010: Adjourned from PubBc Hearing July 29, 2010: 1'30 PM - JOHN E. and SHARON WREN #6389 Adjourned from Poblic Hearing June 30, 2010: TRACY M~ SLrlTON i~385.' . The Board of Appeals will hear all lng to be heard at each hearing, and/or desiring to submit written statements Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If office at (631) 765-1809, or by email: Dateth August 2, 2010 ZONING BOARD OF APPEAL~ PERSON BY: Vl~i Toth 54375 Mal~t Road (Offi~ S309~ Main Road (Mulliug/USPS) P.O. Box 1179 Southuld, NY 11971-09~9 9885-1T 8/12 ZONTNG BOARD OF APPEALS TOWN OF 80UTHOLD: NEW YORK In the Matter of the Application of · (Name ofApplican~s) ' CTMParcel #1000- ~--~'- ~ ~-- -o~ ao.4Ro o~ . AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) k)'~l~O }t~] , New York, being duly s~om, depose a-nd say thati - 0 -- -v _ .~ tt"t_ ~,1 New York, by CERT~I. ED MAIL, ~ RECEilOT REQUESTED, a true copy of the attached Legal Not/Ce in prepaid envelopes addressed to current owners shown on the current assessment roll vetifie~t from, the official r ds on file with the ( ) .Assessors, or ( ) County Real Property Offi~ I t~ ~urrounamg me applicant s properly ? ~' '~' "~ut~;ut~.0rtgnt"otXway of record, (Sigaature) Sw~orn to before me th/s PLEABE list, on the back of this Affidavit or on a sheet 0fpaper the lot numbers next to the .owner names and addresses for which notices were maiiexl, Thank You. Ici, I Iq"7 / .'SoJ't~mp%m-,:'Oq lLqkoq m $0.~ 09~1 $2.~ % $§ .,~1 0~/16/2010 $0.~ $2.80 26 Postn~k $2.30 $5.S4 08/16/2010 m USE $ SO.ii 0~1 ~..80 76 Paetm~rk $2,30 $ $§.54 0~/16/2010 =0 Posmge $ $0o~1 $2.80 $2.30 S5.5i 0B/16/2010 O~ql [ ~"F't~C~AL USE $0.~4 $Z.80 $2.30 Total Postage & Fees $ 0~71 0~/16/2010 i s~I~CIAL USE[ i $0.~ 0~71 76 Postmerk C3 Retum Reclept Fee $2. ~0 Here D (Endorsement Required) TotaJ Postage & F,,. $ S5.~4 0~/16/2010 ..................... t [ ' ' '"~'~'""~":~'""i'F~*ll .......... · ......................... . ................ -...,...,, J ~""t~) A L U S E J $ $O.~m $2.80 $2.~ ~.00 $ $5.54 0B/l~/2010 RetUrn Reclept Fee (Endorsement Required) Postage $2.80 $2.30 ', AUG 182010( 0~/18/201~) -., · Complete items 1,2, and 3. Also complete Item 4 If Restricted Delivery Is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the b~ck of the mailpieco, ~s~ Re~ptMa~ for Merchandise ~ [] C.O.D. 4. Restfl~ted Deliver/? ~ Fee) r'l ye~ 7003 3110 0001 8550 2026 , February 2004 Domestic Return Receipt · Complete Items 1,2, and 3. Aiso sompiste ~ 4 if P,~ed Delivery is desired. · I=r{nt ycor narne and eddrees on the reveme so that we can return the card to you, · Attach this card to the bsok of the rnallplece, r-r Agent 4. Restflcted Dellve~ (Extra Fee) []Yes 7003 3110 0001 8550 2057 ~-Z- Pa ~ 3811, February 2004 · ~ llama 1,2, and 3. Also complete item 4 If Rest~cted Delivery is desired. · Print your name and address on the reverse so that we can retum the carcl to you, · Attanh this card to the back of the mailpisce, ,y (Pr/nt~d Name) C. Date of Deliver/ [] Registered [:~l~etum Receipt for Merchandise 0 Insured Mall [] C.O.D. 4. Restflcted Delive~/? (ExffaFee) [] Yes F~om~ 7003 3110 0001 8550 2019 PS Form 3811, February 2004 Domestic Retum Receipt ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF SION POSTING Regarding Posting of Sign upon Applicant's Land Ident/fied as looo- - -.2. $L COUNTY OF SUFFOLK) STATE OF NEW YORK) °x4~o Ic~ ~. , New York, being duly sworn, depose and say that: · Onth~[~1~ dayof~c, ,~Olb , Ioersonallvnl~-~lm,~- , ~ · Poster, withthea~,~-~L--:, . ×: ~ . -. -,----~,-..townsomcial · ~ mue. anng anti nmum ormy application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-Way (driveway entrance) - facing the street or facing each street or right-of-Way entrance;* and that I hereby confirm that the Poster has remained in place for sgver~ days prior to that'; date of the subject hearing date, wh/ch hearing date was shown to be Sworn to before rne th/s ~ o t 0 · Notary Public State of New (Notary Public) No. 01 LO6054063 Qualified in Suffolk County Commis~-}on Expires March 5, 20 · near the entrance or driveway enitance of my property, as the area most visible to passersby. · Complete iter~ 1,2, and 3. Also complete item 4 If Res~cted Delivery is desired. · Print your name and address on the reverse · Attach this card to the back of the mailplece, 2. A~fle Number O. Is da41vmy a.~ diffmmnt from Item 17 7003 3110 0001 8550 1968 Form 3811, February 2004 Domestic Retum Receipt · Complete Rems 1, 2, mid 3. Also complete item 4 if R<~'~'tdcted Delive~ Is desired, · Print your name and address on the reve~e so t~at we can tatum the card to you~ · Attach this card to the back of the rnallplece, 4. Restricted De~ivee/? (Exam Fee) r'lyes 2. A~c'le Number , ~q ~~ 7003 3110 000t 8550 2064 ~ F~ 3811, Fe~ 20~ ~ ~m R~ 1~1~ Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing, Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 MEMO TO: FROM: DATE: SUBJECT: http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Planning Board Gerard P. Goehringer, ZBA Chairman July 1,2009 \ Request for Comments ZBA #6319 - Willia~-A~Senllv, kHT~/o McCarthy Management As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of Building Department's Notice of Disapproval, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if ne6ded. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER [~ZON__E -- DATE ' DATE STAMPED William A. 55-5-2.2 #6319 6-19-09 280-48B(12) 6~25~09 S.L. PENNYIII, c/o B Zone Maresca McCarthy Associates, Management Consulting Engineers Your comments are appreciated by August 3, 2009. Thank you. Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 1, 2009 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, OCTOBER 1, 2009: 9:40 A.M. WILLIAM A. PENNEY III. Location of Property: 45450 C.R. 48 (a/k/a North Road or Middle Road) and Youngs Avenue, Southold; CTM 1000-55-5-2.2. Zone District: General Business B. The applicant is requesting the following, based on the Building Inspector's revised August 5, 2009 Notice of Disapproval: ~319 -Request for a Special Exception concerning vehicle and accessory sales, and #6336 - Request for a Variance concerning an as-built accessory shed building in a location on than the code.required rear yard. 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. The above hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: September 10, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailin- 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 July 1, 2009 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 ArticleXIV of the Suffolk County Administrative Code: ZBA File #6319 Owner/Applicant: PENNY III Action Requested: Special Exception Within 500 feet of: (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District If any other information is needed, please do not hesitate to call us. Thank you. 1 Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS' 52095 Main Road, Town Hall Bui~din9, P.O. Box i 179 Southold, NY i i 97i-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 wcbsite: http://southtown.northfork, net September 1, 2009. Re: Town Code ChaPter 55 - Public Notices for Thursday, October 1, 2009 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published inthe next issue of the Times Review newspaper. 1) Before September~' 14th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a cop~ of your Survey or Site Plan (filed with this application) which shows the new ConStruction~Farea or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to ~il_l owners of property (tax map with property numbers enclosed), vacant or imprOved, which abuts and any property which is across from any public or Private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Qffice 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 addr~s as well. if any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of yodi' ability, and to confirm how arrangements were made in either a wdtten statement1 or durin~ the hearinq, providin(~ the retumed letter to us as soon as possib e; AND not later tha~i Septe.m..ber 16t":. Please either mail or deliver to our office your Affidavit of Mailin.q (form encl.oSed) with parcel numbers, names and addresses noted, and furn sh our office with th~ green/white receipts postmarked by the Post Office. When the' g~een Signature Cards ar~ returned to you later by the Post Office, please mail or deliver them to us before the schedU~ed hearing. If any signature card is not returned, please advise the BOard dudng the hearing',~nd provide the card (when available). These Will be k~pt in the permar~eni record as proof of a, II Notices. 2) Not Later September 22'~: Please make arrangements to place the e~Closed Poster on a signboard such as~cardboard, plywood or other material, posting itat your property for seven (7) days (or mors)~until the hearing is held. Securely place the sign on your property facing the street, no mor~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~ffidavit of Posting for receipt by our office before September 29, 2009. f you are not able ~ meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE D SPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) 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 17th day of September, 2009. ¢ Sworn to before me this Principal Clerk -/, ~ ~'H~Isflf, IA VOLINSK ~, OiA,c,~y PUBLIC-S'fA'fE OF NEW Ye; ;; NO. 01 -V06105050 ';u~lll[ed in Suffolk COU": SOUTHOID TOWN ZONING BOARD OF A~PEA~S THIJRSDAY, OCTOBER 1, 2009 PUBLIC HEAl~qGS N(YFICE IS HEREBY GIVEN, pur- mant to Section 267 of theTown Law and Town Code Oaapter 280 (Zoning),Town ~ Southuld, the following public hear- ~s will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- I~ALS at the Town Hall, $3095 Main Road, l~O. Box 1179, Southuld, New York 11971-0959, on ~l]~u~Al(~k~ Disapproval coacerding an application for demofition and a building permit · new single-family dwelling, which new comtruction will be: 1) less than the code-required mini- mum of 75 feet from the bulkhead, 2) less than 35 feet from the front lot line, 3) les~ than 35 feet from the rear lot lille, 4) lc~s than 25 feet for both (com- b~led) minimum side yard setbacks, 5) exceeds the code ~imllation of 20% maximum lot coverage (budding area), 6) access to the property is not in accordance with New York Town Law, Section 280-a, and Town Code Section 280-109-A. 1~40 A.M. ROBERT ~md B~lg, ~ARA LEWIS · 6~17. Request for a Waiver to merge +/- 21264 square feet of land comprising Lot 279 on the 1922 amended Map A, Nassau Club Propert~s (CTM 1000-111-2-10), ~ the remaining 39.397 square feet of ~ comprising Lot 278 on a Map of Sectin~ C, Nassau Point Club Properties, Inc. and the *outherly portion of Lot 277 on an Amended Map A of Nassau Point (CYM 1000-111-2-9), based on the Building In- spector's May 15, 2009 Notice of Disap- proval which states that the subject 1~ merged with the adjacent lot has b~ ~ ~ lot at any time after July 1, 1983, pmsu- I~ ~)f Pr~pe-rty:'T~4~0 C.R. ~ ant to Code Section 280-10. Location of S~l~- Request for a Varbnce required rear yard. the Building Inspector's July 31, 2009 consm~tion is: (t) less than 10 fe~t from a single side yard, (2) less than 25 feet ~ Request for a Special Exception ~or Restaurant Use in an existing build- mg under Tow:a Code Section 280-55. B(1). Location of Property: 64755 Main Road, Gregnport; CTM 1000-56-4-22. Zone District: Marine M-II. 8OgOL · 6518. Requests for Variances under Sections 280-105 (A and B), based on the Building Inspector's revised June 26, 2009 Notice of Disapproval concern- ing inatulintion of a fence which will ex- ~ tbe code-limitation of four feet in height when lo~ated in a front yard, and will extend the code limitation of 63 feet when located in the side and rear yards, at 250 and 350 Lakeside Drive, Southuld; CFM 1000-90-3-15 and 16. 11:45 A.M. CHESTER CIAGLO S63~. Requests for Variances under total, combined side yards, and (3) less Section 280-15B, bazed on the Bdild- ~75 ~ from the bulkhead. ]~ca- lng .lml~_tor's April 14, 2009 amended ,e~,~ Bay Shore Road, Noi~ce E Disapproval concerning an Greeaport;Cl'M1000-53-6-24(adjacent application for a building permit for to Shelter I~and Sound-Pipes Cove). 10:~ A.M. PETER ami BARBARA 'I~RRANOVA · ~812. Requests for Valiaae~ aader Section 28O124, based on th~ BUilding filspector's May 27.2009 Notice of Diaapprovul concerning an as. built deck addition to the existing dwell- ing which new construction is: (1) on a single side yard, and (2) excneds tbe cation of Property: 4.18 Sound Avenue, or building for personal storage use on th~ 55~500 square foot parcel,which new _ca~ztmction: (1) is setback less than the codo-mquired minimum 15 feet from a properly lille, and (2) contai~ a build/ ing size greater than the code liimtetion of 750 square feet· Location of Property: · 36980 County Road 48 (a/k/a Middle Road, or North Road), Southold; CTM 69-4-8~. Zone District: Agricultural- Come~ation. Each designated hearing wffi not start earlier than as noted. The Board of Ap- peals ~ hear all persons, or their rep- resentatives, desiring to be heard at each hearing, and/or desiring to sulnnit vait- ten statements before the conclusion of each ~ F'~es are available for re- view dm~ regular business hours and prior to the day of the hearing. If yog have questions, please do not hesitate to contact our office at (631) 765-1809, or by emad: Linda. KowalskilgTown. Soutbold.ny. us. Dated: September Ill, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRING]g~, CHAIRM.~N BY LINDA KOWAL~ ~L37~ Mah Road (Office LocatJea) S309~ Main Road (Mm'nu~SPS) 94~ 1T 9/17 NOTICe: OF HEARING The following application will be heard by the SouthOld Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: PENNEY, WM. A. III #6319,6336 MAP #: 55-5-2.2 REQUESTS: SPECIAL EXCEPTION,VARIANCE VEHICLE SALES; ACCESSORY BUILDING DATE: THURS, OCT 1, 2009 9:40 AM Ilfhvnu are interested in this project, you may review the file(s) prior to ;-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 YOP4( In the Matter of the Application of ' (Name o Applicants) CTM Parcel # 1000- AFFIDAVIT OF MAtI,INGS COUNTY OF SUFFOLK) STATE OF NEW YORK) , New York, being duly sworn, depose and say that: On the~day of .~ ,~C)~, I pers~aally mailed at the U,fited Stales Post Office in ox}_ ~ New York, by CERTIFIED MAIL, RE'tURN RECEIPT REQUESTED, a tree copy of the atlached Legal Notice in prepaid envelopei addressed to current owners shovat on the ,current assessment roll verifie_dd f?m the olTmial records on file with the ( ) Assessors, or ( ) Comity Real Property Office ~__P-,~ ~ for every property which abuts and ,is acrosfi2.g4mblic ~ci~:~e street, o~-~,ehicular/r~ght_of_~¥ay of record, surro unding the appliCan~cr~rty. ,/.~ "~ ~ ~ (Signature) Sworn to before.-me this /) dayo ? uota~ Eublic, State of New York p~o. 01T06190696 (~uafifi,ed in Suffo k County .,~ (Notary Public) "*~ ......r'~n~ires July 28, 2D~ PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner nantes and addresses for which notices were mailed. Thank you ,/ coo ~ REOEIVED 09/10/2009 01:38 031765§016 13:24 69176501 ZONINGBDOFAPPEALS ZONINO BOARD 01~ AP?EALS TOWN OF SOUTHOLD: NEW YORK In the Matter o~a~on of · ~ ,e of Applicants) MCCARTHY REAL ESTATE PAGE 04/06 AFF[D^.VIT OF MAILI]'qGS COLINTY OF SUFFOLK) STATE OF NEW YORK) ~, New York, being duly s~,orn, depose and saC, thal~.: ...... '. ......... .~ I personally ma led at the Umted ' .. Post Office in ' ~ I . ' ~~ew York, by C~TI~D M'AIL, RETURN R.ECEn~T ~Q~S~D a line copy of the a~ched ~I Notice in prepaid envelopes addmss~ to CL~el/t O~)C~ shoal 0a the cuffent assessment roll vcdfiod from thiocal r~rds eu widl the ( ) Assessors, or ( ) ContRol Property Office~ ~ , for eve~ prope~ which abuts and is across a public or priv}le stree~ or vehicular right-of-way of record, su.~otmding 0lo applicant's pro ,~~~ Swg}~ toffee me this ~ P~, ~ae of New Yo~ ~, ~7~- Suffolk County PLEASE list, on file back of th.is ~davit or on a sheet of Palmr the lot numbers ne~ to die omet names and addresses for which notices were mailed. Th~k you. 9.o.~':Box. l(Fo I / ~a rrl USE 09'/1 091~.112009 J ~Io~IAL USE $0.~ 09/1 $2.80 76 $2o~0 Here $ $5.5~ 09111120~ $0.~ $2.80 $2.30 $ $5.5~ 0911112~09 Po.~* s $0.~ 09'/1 Ce~fled Fee $2.~0 76 USE J Retum Reclept Fee $2.~0 Here (Endomerr~nt Required) Total Postage & Fee~ '-. o 7 .................................................................... Return Reciept Fee (Endorsement Required) ReMi%-ted Deliver/Fee (Endorsement Required) Total Postage & Fees t?..80 76 Postmark $ S5.54 09/11/2009 I ~Ffl:~CIAL USE I (End~.emem Required) $ $0.~ 0~?1 t2.80 76 Postmark $ $5,~ · Complete Itema 1, 2, an~ Item 4 If R~ Deliver/is desirad. · Print your nmne and address on the mverso ~o that we can retum the card to you. · Attac~ this can:l to the back of ~e mallpisce, 1. -2. A~ Number Ps Form 3811, February 2O04 A. 81gnatum [] Addmsaee B. Received by ( Printed Name) JO~ Date of Deliver/ If Y.E~,~ enter ~vefy'~'re~ below: [] No JarCerUfl~ M~I [] F-xpn~s ~ai~ [] Insured Mail [] C.O.D. 4, Restricted Dellvmy? (Extra Fee) r'/Ye~ 7003 3110 0001 8550 1586 · Complete items 1,2, and 3. Also complete item 4 If Re~tdctad Delivery Is desired. · PrlRt your name and address on the mverso so that we can return the card to you. · Attach this card to the back of the mailpisce, 2. ~ttlcle Number Ps Fom'~ 3811, February 2004 B. Recelvedby(PHntedName) C. Date of Deltve~ D. Isdellv~..~dlff~n~tftomiteml? r'tyes ENO u Registered r-i Retum Rec~pt fo~ Memha'~ise [] Insured Mail [] C.O,D. 7003 3110 0001 8550 1593 Domestic Retum Receipt lo2sa6.oe.M.~l~40 · Complete Items 1, 2, and 3. Also ~omptete Item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can retum the card to you. · Attoch this card to the back of the mallplsoe, PS Form 3811, February 2004 B. Recaived by ( Ptfnted Name) D. I~ daih~y ENo 3. Semite 'lype 0 Cen'lf~ Mail I-I E~maa Mail r-I Registered n Return Re~Ipt fm [] I~ured Mall [] 4. Red.ted Dailvew? ~'ta Fee) []Yes _7003 3110 0001 8550 1661 Domeetlc Retum Reoaipt · Complete items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery is desired, · PHnt ~our name and address on the reveme so'that we can return the card to you. · Attach this card to the back of the mallplece, or qn the front ff space permits. 1. wNti~e Add~ to: PS Form 3811, February 2004 7003 3110 []Yes 0 No [] Express Mall [] Return Receipt for Merchandise [] Insured Mail [] C.O.D, 4. Restricted De~ivef,/? fExtra Fee) r-i Yes 0001 2,550 1555 · Complete items 1, 2, and 3. Also complete item 4 if Resthcted Delivery is desired, · Pitnt ~'our name and address on the mverce so'that we can return the card to you. · Attach this card to the back of the mallpiece, or ~n the front ff space permits 1. ~ AddresS, to: ~'~'"~ ~' I~L ~L~' ~)~ F'l Insisted Mall 2. A~tlcle Number ?/'m,.~ fer f~m se~k:e ~ ' PS Form 3811. February 2004 []C.O.D. 4. Restdcted~live~?(ExtniFee) []Ye~ 7003 3110 0001 8550 1616 ~ ~m~lc Return Receipt · Complete items 1, 2, and 3. Also c item 4 if Restricted Delivery is desired. · Print your name and address on the revers so'that we cen return the card to you. · Attach this card to the back of the mallpleca, ' ~. ArUc~e Addressed to: by (Printed If YES, enter ~-,a,-,~o,~ 7003 3110 0001 8550 1609 PS Form 3811, February 2004 Domest~ Return Receipt · Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mallplece, or on the front if spane permits. PS Form 3811, February 2004 3. Set, ce 'lype D~'Celtlfled Mall [] Express Mall Registered [] Retum Receipt fo~ Memhandlse n Insured Mall [] C.O.D. 4. Restricted Deliver/? (Ex~a Fee) r~ "3s 7003 3110 0001 8550 1654 --, item 4 if'Restricted Delivery Is desired. Print your name and address on the reverse so that we can return the card to you. ~. Rej~ff~ by'~ Name) · Attac,h this card to the beck of the mallplece, or on the front if space permits. /r~Y'//z'//~"/~' [] Agent L~ Addressee ). Is deave~y address dlffe~mt f.~n Item ~"~YPe~ Mall~ [] Express Mall [] Registered [] Return Rec~pt for Memhandlse [] Ineueed Mail [] C.O.D. 4. Re~u~cted Delivery? (Extra Fee) [] Yes 7003 3110 0001 8550 1623 PS t=o~rn 3811, February 2004 Dome~l= Return Re~alpt 1o~sse-~e-U-l~ RECEIVED 9/10/2009 01:30 13:24 6317B59~ B31?BSSS1B ZONINGBDOFAPPEALS MOOARTH¥ REAL ESTATE PAGE 0§/0B ZONING BOARD OF APPEALS TOWN OF $OUTflOLD: NEW YORK In the Ma~er of the Application of Regarding Posting of Sig~ upon Applicant's Land Identified as ~o0o~ ~-S- . g-. A. ~ COUNTy Or suffoLK) STATE OF NI~W YORK) AffIDAVIT 01~ SIGN POSTING BOARD OF APP£AI.~ ~ w~v~ 0 1d , New York, b~ing duly sworn, depo.~d ~ ~h ~ ....... ~-~y enhance;- and ~t ) [ hereby ~ ~t ~e Poser ~s rc~ed Nota~ PJb c S~t~c: ~m,v York No 0 LOBO~,;L ~ot~ Public) Qualified in Suflo:i,{ County Oommiaaion Expires March 5, 20 the en~ or ~v~ay ea~ of my pro~, ~ ~e ar~ most ~sible to p~se~by, #9546 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) ,Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 12th day of November, 2009. Principal Clerk Sworn to before me this CHRISTINA VOLINSKI NOTARY PUBLiC-STATE OF NEW YORK ~'~o. 01.V06105050 - ~tfolk County LEGAE NOTICE ZONING BOARD OF APPEAI~ TH~P~DAY~ DECEMBER ~ 2009 PUBLIC H~AP~qGS NOIIC~ I~ HEREBY GIVEN, put- suam to ~ec~ea 267 Of the Town Law Town Cocl¢ ~ap~r 2~0 (~oning~,Town of gouifiold, the foEowing public hear- ing$ will be h~ld by thc SOL. OLD TOWN ZONINO BOARD OF AP- PEAI~ at the Town Hall 53095 Main Road. P.O. Box 1179, Southold, New York 11971~095t on THURSDAY, DE- CP.MBER 3.2009: 9:.~ A,M. JOSEPH LOGAN and K~LLEy WAI.~i~R ~(~'~L Location of Property: 1110 Orchard Street, Off- eat, lot containing 16,464 square f~et. Requested arc Variances from Code Sections 280-15C and' 280-124, based on an application for a building permit to construct: (a) adi!itions to the dwell- big, (b) a new acc~soly garage, and (c) swimming pool and the Building Inspec- tor's July 30, 2009 Notice of Disapproval whlch stales thc new c6nstruction is not permitted for the following reasons: 1) Additions to the accessory garage r~ult in a size that exceeds the code- limitation of 660 square feet, and 2) 'Additions and alterations are pro- posed in excess of the 20% code ilmita- tion for all construction areas. Loca~ A.M- JO¥CE ORRIGO #6~. on of Property: 66425 C.R. 48 a/Ida North Road),Greenport. This is ~ request for a Waiver under Code t:cle II, Sections 280-12 (as amended) to ug~er'g~e land- identified as SCTivl #1000-40-2-12, based on the Building ~I~. ector'g August 4, 2009 Notlcc of Disapproval citing Zoning Code Section 280-10A, which states that the noncon- forming lots mergud until a total lot size conforms Io the current bulk schadt~l¢ (minimum 40,000 square feet in this R-40 Residential Zone Dis~ict). land merged with the adjacent property to the west identified as SC-TlCi #I000- 40-2-11. 9'.$5 A.M. $OHN and LINDA SCO- PAZ g63z'9. Location of Property: 6300 Indian Neck Lane adjacent to Little Neck Bay (aJlda H~g Neck Bay), Pecon- lc; CTM 86-7-2.1. Requests for Variances fi.om Code Sections 280-14 and 280-116, based on an application for a building permit for an addition and alterations to a dwelling and the Bvilding Irapec- tot's guly 22, 2009 Notice of Disapproval stating that the new consttucti0n is not (b) less man the code-required mini- mum of 20 feet on a single si~ie yard, (c) less than the code.requ/red mini- (restaurant) build.g, which new con. sttuction ~s proposed: (1) at less than the bulkhead ad}acent to Sofithold Bh'y, and ~d fol~ the following reasons: (1) it~ size tion 280-124, based on an albpl/cation for a building permit for an as-buiti (porch) amcmied Not'ce of Disappro~vai ~tatin~ the new construction is not permitted at less than the code-requirad minimum rear yard setback of 35 feet, at 700 Brown Street (and along 7th Street), Oreenport; CTM 48-3-18.1. Canyover Hearings, continued fi.om prior meetings and peed ng additional information: · lB0 PAY/. M. and D. SOKOL The Board of Appeals will hear all pea'sons, or their representatives, desir~ mg to be heard at each hearing, aud/or desiring to submit written sta~ments before thc conclusion vf each hearing. Each hearing will not start e~rlier than des!gnated abev~ F'ties are available for review during regular busifie~ hours and prior to the day of the hearin~r I:[ you have ~lueaiion$, piease do not hesitate to contact our office at'(631) 765-1809 or by e-mail: Lind~Kowalski~tFown. Southdid.ny. us. Dated: November 6, 2009. ZONING BOARD OF APPEALS BY i~tDA IcOWALSKI S437g MalgR~ma (Olllce Lomfoa) ~38~5 ~ Road (M=th~/USPS) P.O. Box gouthold, NY L1971-0959 63176~5816 MCCARTHY REAL ESTATE McCarthy Management, Inc. PAGE 02/02 December 1, 2009 TownofSoutho~ Zo~ngBoardofAppeals P.O. Box 1179 Southo~,NY 11971 DEC I 2009 RE: William A. P~ey III Hcariag Dato: Dec~zaber 3, 2009 To Whom It May Concern: Please l~t the letter serve as written request to postpone William A. Penney III ZBA hearing this Thursday, December 3, 2009. Please roschedulo for the following month and notify our office with _ .?.confirmed date. Thar?~ou. Rutla/o Love Offim Mamag~r 46520 Route 48 Southold, NY 11971 TeI. 631.765.5815 Fax.631.765.5816 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 Ba~k 54375 Main Road (at Youngs Avenue) Southold, NY 11971 October 25, 2010 Thomas J. McCarthy McCarthy Management, Inc. 46520 CR 48 Southold, NY 11971 Re: Penney, III Special Exception, ZBA # 6319 Dear Mr. McCarthy: Transmitted for your records is a copy of the Board's October 21, 2010 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for a Special Exception. Before commencing any activities, final site plan approval is necessary. Please be sure to submit a copy of this determination to the Planning Department. If you have any questions, please call the office. Vicki Toth Encl. Cc: Planning 46520 County Ro~,d 48 SOUTHOLD, NEW YORK ! 1971 DATE RE: WE ARE SENDIN~ ¥~J ;~[:3 ~; [:] ~der separate cover via :> [] Shop ~ [] Plane [] Copy~f letta~ [] ~ [] [] For approval [] For your use [] As requested [] For review and comment [] FOR BIDS DUE Approved as submitted [] Resubmit [] Approved as noted [] Submit [] Returned for corrections [] Return [] copies for approval copies for distribution corrected prints [] PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO PRODUCT 240T SIGNED: //, G 2,4