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HomeMy WebLinkAbout6405 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 COVER SHEET WITH ZBA FILE STATUS OF FILE Z~ Map ~:/~-- ~.- ~- lq Location: O~gO~ ~T- ~ [ ] Re~d issued: C~OT activate or reactivat~ file (Applic~t has withdrawn application). [ )< ] NO 'REFUND DUE, based on time spent for Town to process application and hearings. [ ~] Obsolete & expired; CANNOT reactivate this file: NEW APPLICATION NECESSARY: Extensive time has passed; Zoning Code changes are now in effect and this application expired. NOTE: Applicant may apply for a new application with Building Inspector for a new Notice of Disapproval and submit NEW application with all documents and current maps to ZBA, or modify plan to conform to the current code. This Town file based on applicant's previous year requests has expired. [ ] No forms to be scanned; FILE # VOID: APPLICATION RETURNED. forms were r.e_~urned to applicant early in process, as requested by applicant.) (All FORM NO. 3 NOTICE OF DISAPPROVAL BOARD O; APPEAL~ TO: William Oorman P.O Box 1447 Mattimck, NY t 1952 DATE: May 14, 2010 Please take notice that you[ application dated May 12, 2010 For the change of use to an existing structure; Location of property 45805 Route 25 Southold, NY County Tax Map No. 1000 Section 75 Block 2_ Lot 14 Is returned herewith and disapproved on the following grounds: Pursuant to Article XXIII Section 280-121 (A) (la), the proposed use for this existing building is not allowed in the AC District. Per Zoning Board of Appeals grant#1508, the use was granted for vacuum cleaner sale~ and repairs. Applicant is proposing a retail antique/craft shop. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. TOTAL LOT COVEN, AGE DATA '.o pREPARED IN ACCORDANCE WITH ~TAND~RDS FOR T~TLE ~Y THE LI.A.LS, AND APPRDVED FOR SUCH SURVEY OF PROPERTY SITUATE SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C, TAX No. 1000-75-02-14 SCALE 1"--50' FEBRUARY 11, 2008 NOVEMBER lB, 2008 ADDED PROP. ADDITION MAY 25, 2010 ADDED PROPOSED PARKING SPACES AREA = 21,695 sq. ff. 0.498 ac. ~ECEIVED JUN 0 BOARD OF UNAUTHORIZED ALTERATION OR AODffl0N TO THIS ~URVEY ~$A VIOLATION OF SEC~ON 7209 OF THE NEW YORK STATE THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWH ARE NOT GUARANTEED. N,Y,S Lic. No. 50467 Nathan Taft Corwln III Land Surveyor PHONE (631)727-2090 Fox (651)727-1727 26-020. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING June 15, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Mattina, Charles Francis, (Gillian) & Salm (Sarah) Levison, Michael & Carolee Ullman, (Judith) &Moch (Yehudit) Ward, Roy & Dawn Gonnan, (William) & Watts (Christine) #6381 #6400 #6402 #6403 #6404 #6405 TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELl:COPIER (631) 853-4044 APPLICATION T~HE SOUTHOLD TOWN Fee: $~;~ Filed By:. Office Notes: For Office Use Only Date Assigned/Assignment No. BOA Yf A ALT Parcel House No. 45805 Street Main Road Hamlet Southold SCTM 1000 Section 75 Block 2 Lot(s)_ 14 Lot Size 21,695 sq.ft. Zone AC 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: Ma¥14,2010 BASED ON SURVEY/SITE PLAN DATED ~g~ ~..5-t ~--C>.IO t Applicant/Owner(s): William Gorman, Christine Watts Mailing Address: PO Box 1447, Mattitnck, NY 11952 Telephone: {631) 445-1461 Fax: {631) 765-1769 Email: Newenglandbarns(~aoLeom NOTE: In addition to the above please complete below il'application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent repr~sonts: Authorized Representative: for ( ) Owner, or ( ) Other Address: Telephone: Please chec~box to specify who you wish correspondence to be mailed to, from the above names: ~"Applicant/Owner(s) [] Authorized Representative [] Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: [] Building Permit hanificate of Occupancy ge of Use [] Permit for As-Built Construction [] Pre-Certificate of Occupancy []Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article XXIII Section 280-121 (A) (la) Subsection Type of Ap/peal. An Appeal is made for: ~'A Variance to the Zoning Code or Zoning Map. ~3A Variance due to lack of access required by New York Town Law-Section 280-A. •Interpretation of the Town Code, Article Section [~Reversal or Other A prior appeal ~as [] has not been made at any time with respect to this property_ UNDER Appeal No. ~ Year ~ . (Please be sure to research before completing this question or call our office to assist you.). · Page 3 Application by: Assigned Application No. Office Notes: RECEIVED BOARD OF APPE_AI Part B: REASONS FOR USE VARIANCE (if requested): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult you attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). A vacuum sales and repair shop is such a highly specialized industry that the likelihood of finding a tenant with that set of skills is remote. And, as the owner of the building, it is highly improbable that I would acquire the knowledge to be proficient in that industry within a reasonable timeframe. 2. The alleged hardship relating to the property is unique because: The Use for which the building was originally intended--vacuum sales and repair--is no longer a viable economic enterprise. 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: There are several businesses in the immediate vicinity, ie., the Doll Doctor/Jan Davis Antiques (250' to the west), Heart of the Home (200' to the west), Willow Hill Antiques (1700' to the east). In addition, between Aekerly Pond Road and Peeonie Lane, there are 3 tasting rooms, 3 B&B's, 2 nurseries and a Plumbing aud Heating store. 4. The request will not alter the essential character of the neighborhood because: There has been one business or another operating out of this building for the past 39 years. 5. The alleged hardship has not been self-created because: The original Use for which the building was intended is no Ioager a viable industry. 6. This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet if necessary.) A Use designation that would allow for a retail shop or store. Our proposed parking would accommodate 5 spaces (Bldg.: 872 sq.ft./200 sq.ft.=5 parking spaces). 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) A commercial enterprise has been operating out of the building for the past 39 years. No change in the public safety or welfare will result in designating the Use to accommodate a retail shop or store. Substantial justice will be done aud the spirit of the ordinance will be observed. ( ) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the signature and notary area below. Sworn to before me this ~-30k, Day-- of ~ , 2010. & (Notary Public) Qualified in Suffo k Count~ ~ommission £xpir~ April S~a~e of A~.~I~ t or Authorized Agent (Agent must sdl~iit Authorization from Owner) ~PL1CANT'S PROJECT DESCRIPTI~ (For ZBA Reference) Applicant: William Gorman and Christine Watts I. For Demolition of Existing Building Areas Please describe areas being removed: N/A Date Prepared: ~ED JUN 042010 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: BOARD OF APPEALS N/A III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: ~,9 ~) 1~ Proposed increase of building coverage: 0% Square footage of your lot: 21~695 sq/ft Percentage of coverage of your lot by building area: [ ~3'-. ~- ~ V. Purpose of New Construction: N/A VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Flat, no slope to gxade. Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION RECEIVED Is the subject premjges listed on the real estate market for sale? [] Yes ~ No ~Nothere any proposals to change or alter land contours? [EYes, please explain on attached sheet. JUN 0 4~010 BOARD OF APPEA~ 1) Are there areas that contain sand or wetland grasses? No 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? N/A 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? N/A Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? NO _(Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: Do you or any co-owner also own other land close to this parcel? NO If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel: Single family residence with unused commercial building, and proposed use: Same with Use as a retail shop or store. (examples: existing: single-family; proposed: same with garage or pool, or other description.) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the oart of town office~s and employees. The oumeee of this form is to provide information which can alert the town of possibte conflicts of interest and allow it to take whatever action is nemssarv to avoid same. (Last name, firs~n~me, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so. indicate the other pemon's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance ..~ Building Variance ~ Trustee Change of Zone Coastal Erosion Approval of plal Mooring Exemption from plat or official map ?larming Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee &the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business. including a partnership, in which the town officer or employee has even a partial ownership of {or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO ~ 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 the relationship between yourself (the applicant/agenffrepresentative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owger of greater tha~ 5% of'he shares of the corporate stock &the applicant (when the applicant is a corporation); ___B) the legal or beneficial owner ofany interest in a non-corporate entity (when the applicant is not a corporation); ___C) an officer, director, panner, or employee of the applicant: or ___D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Print Name APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM JUN 0 4 2010 BOARD OF APPEALS Thc Town of Southold's Code of Ethice pmhibita conflicts ofintamst on the oart of town officers and emt}lovees. The Durm~e of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: [Check all that apply.) Tax grievance Building Variance ~ ~. Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (] f"Othe~', name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationshio with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business. including a paFmership, in which the town officer or employee has even a partial ownershil: of {or employment by) a corporation in which the town officer or employee owns more than 5% &the 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 the relationship between yourself (the applicant/agent/representative] and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check 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 offi~r, director, panner, or employee of the applicant; or ___D) the actual applicant. DES~dPTION OF RELATIONSHIP Form TS 1 Submittodthis~davof ,,.~*/~ .~ PROJECT I.D. NUMBER 617.~1 Appendix C State Environmental Quali(y Review SHORT ENVIORNMENTAL A$SISSMENT FORM For UNLISTED ACTIONS Only PART I - Project Information (To be complete by Applicant or Project sponsor) 1. Applicant / Sponsor 2. Project Name RECEIVED JUN 04~010 BOARD OF APPEALS William Gorman, owner 3. Project location: Municipality County Southold Suffolk 4. Precise location (Street address and road intersections, prominent landmarks, etc. or provide map) 45805 Main Road, east of Maple 5. Is proposed action: ( ) NEW ( ) EXPANSION ( ) MODIFICATION / ALTERATION Use determ nat on 6. Describe project briefly: Revise Use designation 7. Amount of land affected: Initially: 21,695 sq.ft acres: .498 Ultimately: snme acres: same 8. Will proposed action comply with existing or other existing land use restrictions: ( X ) YES ( ) NO If No, describe briefly: 9. What is present land use in vicinity of project: (describe): ( X ) Residential ( ) Industrial ( X ) Commercial ( X ) Agricultural ( )Park/Forest/Open Space ( ) Other 10. Docs action involve a permit approval or i~nding, now or ultimately from any other Governmental agency, (Federal, State or Local) ? ( ) YES (X) NO If Yes, list agency(s) and permit/approvals: 11. Does any aspect of the action have a currently valid permit or approval? ( ) YES ( X ) NO If Yes, list agency(s) and permit/approvals: 12. As a result of proposed action, will existing permit/approval require modification? ( ) YES (~ NO If Yes, list agency(s) and permit/approvals: ! certify that the information provided above is true to the best of my knowledge jA iicant,S oo,or ame: W .i nOorm= Date: ~'//~//~O If the aeFton is in the Coos(a~Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment 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 pertrdt, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within $00 feet of a farm operafion 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 ofApplicartt: ~.)lLt. Md~na~- ~i0.-~n.~v%-~ 2) Address of Applicant 3) Name'0f Land Owner (if other than applicant): 4) Address of Land Owner: .~V~,~I/PL {~ 5) Description of Proposed Project: {ff ~- ~ ~t:~6 ~- 6)LocationofProperty(roadandtaxmapnumber): [~>~-~;" "~"'-- ~ -- 14 7) Is the parcel within an agricultural district? []No [~es tf yes, Agricultural District Number '~ ~ 8) Is this parcel actively farmed? [~o []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 boundary of the prOPosed project. (InfOrmation may be available tba'ough the Town Assessors Officel Town Hall location {765-1937) or ~rom any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. (Please u~e back side of page if more than six property owners are identified.) The lot numbers may be obtained., in advance, when requested from either the Office of the Planning Board at .765-1938 o~r the.,Zotlillg, f~,o~rd of Appeals at 765-1809. Note: I. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed actidh on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. (~omments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copias of the completed Agricultural Data Statement shall be sent by applicant end/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the apl~licant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 Town of Southold A. INSTRUCTIONS L~RP CONSISTENCY ASSESSMENT RECEIVED JUN 0 4 2 e( C/ or All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which included all of Southold Town). If any question in Section C on this form is answered "yes," then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-75-2-14 The Application has been submitted to (check appropriate response): Town Board [] Planning Board [] Building Dept. [] Board of Trustees [] 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital I I construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) [] (c) Permit, approval, license, certification: [] Nature and extent of action: O' $ ~' l~>~'l't~"~'$M~ \ AJ ,~C"~"t ~)~ Location of action: 45805~in Road, Southold, NY 11971 Site acreage: .498 acres Present land use: Single Family residence w/new Use for commercial building. Present zoning classification: AC If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: William Gorman (b) Mailing address: PO Box 1447, Mattituck, NY 11952 (c) Telephone number: Area Code (631) 445-1461 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No ~ If yes, which state or federal agency? C. DEVELOPMENT COAST POLICY Policy 1. Foster a pattern of development in the Town of Southoid that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No [~Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold, See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [~NotApplicable Attach additional sheets if necessary, (0 ~( Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ill - Policies Pages 6 through 7 for evaluation criteria. [] Yes [] No ~NotApplicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - policies Pages 8 through 16 for evaluation criteria [] Yes [] No [~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No ~Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant coastal Fish and Wildlife Habitats and wetlands. See LWRP Section Ill - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No ~//NotApplicable Attach additional sheets if necessary Policy 7. Protect and improve a~uality in the town of Southold. SeeORP Section III - Policies Pages 32 through 34 for evaluation criteria. (9 ~ [] Yes [] No / otApplicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [~Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section - Policies; Pages 38 through 46 for evaluation criteria. [] Yes [] No ~NotApplicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's ware-dependent uses and promote siting of new water-dependent uses in suitable locations. Se LWRP Section III - Policies: Pages 47 through 56 for evaluation criteria. [] Yes [] No [~Not Applicable Attach additional sheets if necessary Oof living Policy 11. Promote sustainable ~ marine resources in Long ~nd Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62' for evaluation criteria. [] Yes [] No ~Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. Se LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [~Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No ~Not Applicable Attach additional sheets if necessary rth Fork Permits Permit Expediters Town of Southold Zoning Board of Appeals Town Hall Annex Southold, NY 11971 From: North Fork Permits William Gorman PO Box 1447 Matfituck, NY 11952 Date: June 2, 2010 William Gorman and Christine Watts SCTM# 1000-75-2-14 Change of Use To whom it may concern. When we purchased the property located at 45805 Main Road in 1999, there was an existing antique sture--Peddler's Rest Antiques--operating out of our recently acquired commercial building. In 2008, I applied for a permit to add a second floor to the commercial building, and we discovered that the permitted Use allowed for a vacuum sales and repair store only. Our permit was denied, and we have since withdrawn our plans to add a second story. At this time, we wish only m change the Use of the building to allow for another type business other than its currant, narrowly defined enterprise. Therefore, we are seeking a Use variance to reflect the spirit of its original Use, that is, a retail shop or store. The building is 872 sq/t~ and, as a retail shop or store, Southold Code requires 5 parking spaces (please see survey for proposed spaces). Pursuant to Article XXII1, Seetinn 280-121 (A) (la), we am requesting a Use variance to reflect the spirit of the original permitted Use--a retail shop or store. Thank you for consideration, William P. Gorman, North Fork Permits and Homeowner P.O. Box 1447, Mattituck, New York 11952 631-445-1461 RECEIVED APPEALS FORM NO. 4 TOWN OF SOUTHOLD BUrl,DING DEPARTMENT Town Clerk's Office Southold, N. Y. RECEIVED JUN BOARD OF APPEALS Certificate Of Occupancy No. Z~829 ...... Date ............. .March... 2~..., 19...~. THIS CERTIFIES that the building located at . 'N/S. Main. Roed ........... Street Map No..xx ........ Block No. x~f ....... Lot No:~x... S. outkold., l~q¥, .......... conforms substantially to the Application for Building Permit heretofore filed in this office dated .......... l~arch .. 3-., 19.72. pursuant to which Building Permit No. ~81~lZ .. dated ........ April...28 .... , 1972.., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is ~ssued is .NC... Bus _ine ss. ~uilding..(electrical .repairs.! ~.sale. s. E.t.c~. Approved by Bd Appeals) The certificate is issued to .Cha~ .Hall. (~outhotd .Vaccum. Cleaner. Center. ). ~ermant- · Tose~h Stepnoskt owner of land (owner, lessee or tenant) of the aforesaid-building. ~. Suffolk County Department of Health Approval .lisa..ex~.i~ting, .sysf~m ....... ..... UNDERWRITERS CERTIFICATE No..]~l 2.1~.3~ ...... .Oct. 3~.'197~ ............... HOUSE NUMBER ..-~,~92~ ..... Street .. Main. Road ...... /. ..................... Building Inspector, TOWN OF SOUTHOLD PROPERTY RECORD CARD ~/_ OWNER STREET &//~_~ '~,C)~' VILLAGE DISTI SUB. ' FORMi:ROWNER __ ~' ~,''~), ' -, : . AC~.~ /RES.) S~S. VL. FARM CO~. CB. MICS. , Mkt. Value ~/~ ~ND IMP. TOTAL DATE RE~RKS ~ AGE BUILDING CONDITION N~ NOR~L BELOW ABOVE ~,~. / ~ ~--' ~ , ~.~ o ~ FA~ Acre Value Per J Value Acre Tillable FRONTAGE ON W~TE~I W~land FRONTAGE ON ROAD Meadowland DEPTH /~' House~t ~ .~ ~ BULKHEAD Totals, ,~ D~K COLOR M. Bldg. Extension Extension Po~h Breezeway Garage Patio Total Foundation Basement Ext. Walls Fire Place Type Roof ~ ~ 'Recreation Room D o mer Bath F oars Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette J K. LR. ~)R. BR. FIN. B EIJZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville June 9, 2010 Zoning Appeal No. 6405 Transmitted herewith is Zoning Appeals No. 6405 of North Fork Permits for William Gorman - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Transactional Disclosure Form, Short Environmental Assessment Form, Agricultural Data Statement LWRP Consistency Assessment Form, Cover Letter from North Fork Permits Dated June 2, 2010, Notice of Disapproval from Building Department Dated may 14, 2010, Copy of Action of the Zoning Board of Appeals No. 1508 Dated March 3, 1972, Certificate of Occupancy No. Z5829 Dated March 25, 1974, One Page of Photos of Property, Two Pages of Property Record Card, Copy of Survey Showing Property as it Exists Dated May 25, 2010 Prepared by Nathan Taft Corwin III Land Surveyor. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 06/08/10 * * * RECEIPT * * * Receipt~: 83009 Transaction(s): 1 1 Application Fees Reference Subtotal ~ $600.00 Check#: 222 Total Paid: $600.00 Name: New, England Barns Inc P O Box 1447 Mattituck, NY 11952 Clerk ID: CAROLH Internal ID: 222 46005 Main Road (Route 25) Southold, N.Y. 11971 August 25, 2010 VIA FACSIMILE TRANSMISSION (631)765-9064 and U.S. MAIL :0I~D OF AppEAL$ Town of Southold Zoning Board of Appeals Town Hail Annex Southold, NY 11971 Re: Gorman/Watts Zoning Application #6405 To whom it may concern; My wife and I are the owners of Mattebella Vineyards Holdings, LL¢, owner of the property adjacent to and surrounding (on all sides) the property which is the subject of the referenced zoning application. I am writing this letter to register my full support for the Use £hange Application regarding the commercial building owned by Bill Gorman and Christine Watts. We have every reason to believe that they will insure the professional conduct of any business operation with the same degree of sensitivity to the surrounding neighbors as they have over the years. The applicants are considerate neighbors and what they are proposing appears to be very reasonable and beneficial to the community. Accordingly, we encourage the Board to grant this application for a Retail Store or Shop as requested. If you have any questions or need any additional information from us that may prove helpful in supporting the application, please do not hesitate to contact me at 305-389-2111. sincerelY' ~ M~ineyards Hold'rags, LLC. The Palm Coma · P~mlhouse - Box 19 · 309 23'~ Street. Miami Beach, FL 33139 · 1,888.MAq~FEBEI,LA (628.8323) · www. mauebellavineyards.com 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.north fork.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, 63095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ AUGUST 267 2010: 11:45 AM - William Gorman and Christi Watts~Gorman #6405: Request for variance from Code Section 280-121(A)ta, based on an application for building permit and the Building inspector's May 14, 2010 Notice of Disapproval concerning proposed change of use to an existing structure: 1) In the AC Zone the proposed use is not allowed, 2) per Zoning Board of Appeals grant81508 structure was granted vacuum cleaner sales and repairs, proposal is to change to retail antique/craft shop. Property located at: 45805 Route 26, Southold SCTM#1000-75-2-t4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and priorto the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vic ki.Toth~,Town. Southold.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 (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net 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 August 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 arrangements were made in either a written statement, or durin.q the hearin.q, providin.q 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 Mailing (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 August 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 applicantJagents 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 Posting 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. NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME GORMAN, W./WATTS, C. #6405 MAP # 75-2-14 VARIANCE Change of Use REQUEST Retail Shop DATE: THURS, AUG. 26, 2010 11:45 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__ week(s), successively, commencing on the 12th dayof Auqust, 2010. Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONLNG BOARD OF APPEALS THURSDAY AUGUST 26, 2010 pUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall. 53095 Main Road. P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY. AU- GUST 26. 2010: 9:30 AM - Steve and Ol~a Tenedins 06407: 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 location is code-required on a waterfront parcel, at: 17327 Main Rd.. East Marion. SCTM#1000-23-1-14.10. 9-,50 AM - Judith B. Ullman and Ju- dith A. Much #6403: Request for vari- ance from Code Section 280-124, based on an application for building permit and the Building Inapector's March 2, 2010, updated May 25, 2010 Notice of Disap- proval concerning proposed foundation reconstruction and alteration to year round dwelling at: 1) less than the code required front 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 p~rsuant to "Walz" constitutes an increase m non- conformance. Property located at: 7617 Soundvinw Ave.,(adj. to Great Pond aka Leeton's Lake) Southold SCTM#1000- 10:10 AM - William A. Penney In (Tidy Carl ~6319 & 6336: (adj. from PH 12/3/09) 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: Gen- eral Business B,The applicant is request- ing thc following, based on the Building Inspector's revised August 5, 2009 No- tic.~ of Disapprova[: ,.' #6319 - Request for a Special Excep- tion concerning vehicle and accessory sales, and #6336 - Request for a Variance con- ~:erning an as-built accessory shed build- mg in a location other than the code- required rear yard. 10'30 AM - Thomas M. and Maureen F. Dowlino #6412~ Request for vari- ance from Code Section 280-124, based on an application for building permit and the Building Inspector's May 26, 2010 Notice of Disapproval concern- ing proposed additions/alterations to single-family dwelling at: 1 less than the Cbde required side yard setback of i5 feet, 2) less than the code required to- tal side yard combined of 35 feet, Prop- erty incated at: 1200 Broadwaters Rd., (adj. to Broadwatcrs Cove) Cutchogu¢, SCTM#1000-104-9-3. 10:45 AM - Michael and Renee Belle- ro #6414: Request for variance from proved Cluster Subdivision setbacks and Code Sectinn 280-I8, based on an appli cation for building permit and the Build- ing Inspector's May 26, 2010, amended July 13, 2010 Notice of Disapproval concerning proposed addlfions/altera~ tions to existing single-family dwelling at: l) less than the approved front yard setback of 25 feet; 2) less than the-code required maximum nmnber of stories of two and a half. Property located at: 2095 The Strand and The Greenway, East Marion, SCTM#1000-30-2-52. 11:00 AM - Bonnie M. Ouinn #6408: Request for variance from Code Sec- tion 280-116(B) and 280-15, based on an application for building permit and thc Building Inspector's June 14, 2010 Noti.c,e of Disapproval concerning "as built alterations/additions and acces- sory structures at: 1) less than the code required setback from a bulkhead of 75 feet; 2) accessory structures located n side yard when the rear yard location is code required. Property located at: 1075 Cedar Point Dr.,West (adj. to west Lake) Southold, SCTM#1000-90-1-4. 11:15 AM - Andrew W. and Oueen #6401: Request for variance from Code Section 280-124, based on an ap- plication for building permit and the Building lnspecior's December 8, 2009, updated May 27, 2010 Notice of Disap- proval concerning proposed deck add - tion to a single-family dwelling at less than the code required rear yard setback of 35 feet. Property loca ted at: 1380 Koke Dr., Southold SCTM#1000-87-5-18. isting single-family dwelling, 1) less than dayof (~/~,Q~j !]_/'~ 2010. NOTARY PUBLIC..STATE OF NEW YORK No. 0~ ,vO61 05050 ©t~o~itled irt Suffolk county V~NE~8 ¢63~ ~catinn of ~oper~: ~600 Takapos~a Road, (adj. to Corey Harbor) Southold; ~M 1~-87-64. Building Inspector's April 20, 2010 No- tice of D sapprpval mn~ng an ap- l) less than tha code-reqinred miin- 4) less ~an 25 feet for both (com- max~m tnt coverage (building area), 20,2010: g~. (edj, from ~y 20. 2010 ~) Re- quest for Vari~ ~om Code Sec~on 280~70(i) b~ed on an a~li~on for equipment, ~d ~e Bulldog In~etor's Disapproval conceding eo-l~ation of granted of 90 feet; at 23300 M~ Rd. and 5-13.8. ~nc RS0. Adjourned ~om Pubfic Hearing June Adjourned ~om Public Headng July 30, 2010: ~e Board of Appeals will hear all review during regul~ business hou~ office at (631) 765-1809, or by emil: ~75 M~ Road (Offi~ ~flon) 5~5 ~ Road ~n~S~) ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) CTMVa I ooo. · AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) ~,~ ,'mw York, being~uly s~vom, depose ~nd Say that.~" ~ ( On ~e /~Oayp~ ~~,~o,I perso,,ally mai,~ ~ ~e'Unit~ 8~es Posl O~ in~~ o New Yor~ by CERT~D ~L, ~ ~CE~T ~Q~S~D, a ~e copy of the a~ched ~1 Notioe in prepaid envelops ad&ss~ to e~ent o~ sho~ on the cu~ent ~se~ment roll venfi~ from the o~eial r~r~ o ~ ~e (~sessors, or ( ) Co~ R~ Prope~y Offi~ ' n file ' , for eve~ prope~ whi~ abu~ and Is across a public or pfivg~e s~eet, or vehicular right-of-my offer& s~o~ng the appliemWs pro~. Sworn to before me th/s /g dayof ~C~7C, 201~O (Notary Public) VICK~ 10TH Notary Public.State of New No. 01T06190696 Qualified in Suffo k Oolmty Commissi~. ~,~irr,~ ~"1~ ~:~0 PLEASE list, on the back of this Affidavit or on a sheet Of paper the lot numbers next to the .owner names and addresses for which notices were mailed. Thank you. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name o f Applioants) AFFIDAVIT OF SION POSTING Regarding Posting of Sign upon Applicant's Land Ident/fied as ,ooo- 14 COUNTY OF SUFFOLK) STATE OF NEW YORK) · New York, being duly sworn, d~ose and say that: Onthe/~?~da of 't/]- '~'~'"7'~ ~.~lo / Y ~ % ,. , I personally placed the Toum's official Poster, with the date of hearing and nature of my applicat/on 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 t hereby confirm that the Poster has remained in place for seven d~tys pqor to t['~ date of thesubject hearing date, -...: '~..-.~,] ~ ~ ~t which hearing date was shown to be T/lod~l~t,l~ ~ J~n ~ .., (s p6re) . Sx~om to before me this day of ~/~t~ , 20~ t9 (Notary Public) VICKI TOIH otary Public. State of I~ew 'fork No. 01T06190696 Qualified in Suffolk County CommissioP ~-xr, ires lu v 28 21~ *near the entrance or driveway entrance of my property, as the area most visible to passersby. · Compb~e Eems 1,2, e~d 3. A~3 ~om~e · PHnt your name and address o~ the reverse '. so that we can retum the ca~ to you. · Attach ~ m~d to the back of ff~e mNIplece, 1. Article Addressed to: y addre~ d~mat ~om ~em 17 ~Yes YES, e~er delive~J address be~3w: [] No [] Ce~ed M~il ~ F_xpma~ Mai [] Reg~ered [] Ream Rec~ ~3r Merchand~e [] Insured Mai [] C.O.D. 2; /~tlde Nun' ~-m,~ 7010 02~90 0002 8969 7592 PS Form 3811, Febru~y 2004 Domest~ R~um Receipt 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 SOUTI-IOLD Tel. (631) 765-1809 Fax (631) 765-9064 June 4, 2010 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6405 Action Requested: Within 500 feet of: Owner/Applicant: Gorman/Watts Setbacks (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson Z NOT)CE co~. OF SUFFOLK 0 [ ~ 11""~ Red Property Tox Service A~enc)~ Y ( __ ~L_