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HomeMy WebLinkAbout6488 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. 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 AUG 2 5 2011 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 18, 2011 $0uthold own ZBA FILE: #6488 NAME OF APPLICANT: Lisa and David Cifarelli PROPERTY LOCATION: 1335 New Suffolk Rd., Cutchogue, NY SCTM# 1000-109-%9.3 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 13,2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: Subject property is located in the LB zone and is improved with a one- story framed house and detached one-story office/garage. It has 100.00 feet of frontage on New Suffolk Road, 200.00 feet along the south property line, 100.00 feet on the east property line and 200.00 feet along the north property line as shown on the survey prepared by John C. Ehlers, LS dated June 14, 2011. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-122 and the Building Inspector's May 10, 2011 Notice of Disapproval based on a building permit application for additions and alterations to a nonconforming building at: 1) less than the code required front yard setback of 100 feet, 2) less than the code required side yard setback of 20 feet, 3) less than the code required rear yard setback of 75 feet. RELIEF REQUESTED: The applicant proposes to remodel and raise the second floor ceiling height and roof ridge of the subject building, which new construction will require variances to maintain the preexisting non-conforming front yard, side yard and rear yard setbacks of 78.5', 1.5' and 70' respectively. ADDITIONAL INFORMATION: On July 27, 2011 the agent for the applicant delivered a copy of their application to the Planning Board. On June 26, 2011 the Zoning Board requested comments from the Planning Board. In a letter dated August 12, 2011, the Planning Board stated that they generally have no objections to the requested variances, as long as the two proposed uses (single family dwelling and contractor's yard/office) adequately address excessive noise, light and visual intrusion into the surrounding residences and that the number of people living in the dwelling can be verified. At the Public Hearing the agent stated the dwelling will be used for an employee and their family only. On August 12, 2011, the Board received a written response to the Planning Board's comments from the applicant's agent which stated that the existing dwelling will be used for the client's Page 2 August 18,2011 ZBA File#6488 - Cifarelli employee and their family, and that the existing office use will be maintained and other concerns from the Planning Board will be addressed and mitigated during the required site plan review and approval process. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 4, 2011, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Granting of the requested variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed remodeling, reconstruction and raising of the roof ridge by 4+ feet will all be within the existing footprint of the subject structure and will have no adverse effect to the character of the neighborhood. The proposed remodeling will also include the renewal and upgrade of the structure's exterior features which will be an improvement to the aesthetics of the pre-existing non- conforming subject structure. 2. Town Law §267-b(3)(b}(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The subject structure exists in its pre-existing non- conforming location and consequently any alterations requiring a building permit will also require area variances. 3. Town Law §267-b(3)(b)(3). Two of the three variances granted herein are mathematically substantial, one requiring a 21.5 foot variance from the code required 100 foot front yard setback which represents 21.5% relief and the second requiring an 18.5 foot variance from the code required 20 foot side yard setback which represents 92.5% relief. The third variance granted herein for a 5' foot variance from the code required 75 foot rear yard setback representing 6.7% relief which is not mathematically substantial. The substantiality of the granted setback variances are mitigated by their values equaling what pre-exists. The proposed remodeling and reconstruction will not increase any of the pre-existing non-conforming setback dimensions. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential and commercially zoned community will have an adverse impact on the physical or environmental conditions in this neighborhood. The subject structure was previously used as an office and storage space for a general contractor, and will continue to be used as office space, which is a tow impact business use. 5. Town Law §267-b(3)(b)(5). The difficulty has not been self-created. The subject structure exists in its pre- existing non-conforming location and any alterations to the subject structure will require variances. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of remodeling and making alterations to the subject structure while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the survey prepared by John C. Ehlers, L.S., dated "Garage Revision June 14, 2011", and the architectural drawings prepared by Nancy Dwyer, entitled "Cifarelli Project", Pages 1, 2, 3, 4 and 5 all dated April 20, 2011. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or Page 3 - August 18, 20 ZBA File#6488 - Cifarelli CTM: 1000-109-7-9.3 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. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson). Horning, Goehringer, Dinizio, Schneider. Th~. wa.s duly adop~d (5 -0), ~. Leslie Kanes Weisman, Chairperson Approved for filing Cd' ,(,/j /2011 SUI~VE'r' 0t= PROPERTY' SITUATE: CUTC, I~6UE TOV~N: .~Ct-IOLD f::~FFOLK C, OUN'I'~, NY SUR',/tEYED~ DEC.I~, 2OIO ®ARA®E t~JEVISION JUNE 14, 2011 SUFFOLK COUNT"¢ TAX ~ lO00 - IOq - -/ - q.~ DAVID CI~A~ I.! ~ISA CIFA~-L: PECONIC ABS~RAC'~ ~ ~STAT~ MOR'~3AGH N~fWORI~ NOTES: 1'4ONUI"FENT FOUND DEEDS USED TO PETERMINE B, OUNDAt~.'f' L. ~,~41 GP 42;2 AND L. Ar~o: Iq,qq6 S. F. Ar~: 0.45ql Acr~ SCALE I"= ~0' DC Formecl~ o~ L ond~¢ec ~cesk-O' JUN ~ 7 2011 BOARD OF APPEALS JOHN C. EHLERS LAND SL RVEYOR 6 EAST MAIN S'[2REET N.5,5. LI ~. NO. 50202 RIVERHEA1), N Y. 1190~ 369-8288 Fax 369--8287 REF.-(. ,\Uo~ ~kiohn\Dr ,)pbox d 0\ 1 (¼ 19 .pro ~I~TING LIN ~ -.. ,..-.,..~ / . .:,~, .. .... - F~OPO~ED :OW ~ 1 .,'' .' :' ' ~ ~ P~IVACY~CREENING 5CTM: 1000- 109-7-9.3 ~ ~ Informabon taken from survey Frepared by ~ X X. John C. Ehler~, Land ~u~yor ~ ~ Rwerhead, New York ~ ~ dated December 13,2010 O~ce/G~r~e(ex~sCm~): ~ 234 ~q.~. To~al ex~ng area~: 3084 ~q.~. ~x~sglng log coverage: I 5.4% TOTAL LOT COVE~GE: I 5.4% CI FAIR. ELL_I FI OJ ECT ELAN ~ DRAINAGE ¢ LIGHTING / LfiADE~'~ I ~ .*.' * * fiA~M ~UILD[NG ~ h '~~'N ~ x .. -~ ~ "-~' ~,~,.~ 5TRUCTU~L GRID ~ ~ PAVER5 BELOW G~DE ,,, TYPICAL CATCH [SASIN 5ECTION/D~TAIL D~.YWELUCATCH ~ASIN NQTDD: CONCR.BT~ TO B~ 4000F'~l (~ W~LDED W'IP-~ PADP-.IC TO MEET ADTM H~AVY DUTY CADT IF. ON FP~AME ~ GRAY[, ~'0" a'-O" ~ PP.~CA5T CONCRETE 5TOR.M ~ING5, 4" THICK, HEIGHT5 AD INDICATED ~ WWMGxGx I 2 b z (,DC)z'? ~zzd~ _~d~ ~8 MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III 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 To: MEMORANDUM Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals AUG 1 2 201t BOARD OF APPEALS From: Martin H. Sidor, Chair ~ k,. Members of the Planning Board Date: August 12, 2011 Re: Request for Comments for D & L Cifarelli (aka Crystal Clear Windows) SCTM#1000-109-7-9.3 ZBA# 6488 The Planning Board has reviewed the requested variances and generally has no objection to them if the proposed uses are adequately addressed so that adjacent and nearby residences will be protected from excess noise, light and visual intrusion. The subject pamel is zoned Limited Business (LB), as is the parcel to the south, and the proposed use appears to be consistent with the Town code and generally with the Town's Comprehensive Plan. The other adjacent parcels, however, are zoned residential, and the proposed use has the potential to have an adverse impact to that residential neighborhood. Impacts are likely because the parcel is a quarter of the minimum lot size required in the LB zoning district (20,000+/- s.f. vs. 80,000 s.f. required). The small pamel size together with the two uses (single-family dwelling and contractor's yard) also contribute to the likelihood of impacts to the adjacent residences. These impacts can likely be mitigated by a site plan that addresses issues such as noise, light and visual intrusion. The other concern that has arisen during our preliminary review of this site is the use of the dwelling. The Planning Board will be asking for verification from the applicant regarding the number of people that will be living in the dwelling. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE REGEI'VED BOARD oF APPEALS SARAH LANSDALE, AICP DIRECTOR OF PLANNING Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman Chairman Dear Ms. Weisman: July 13,2011 Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Cifarelli, David & Lisa Bergath, William (c/o Brian Glenn) 6488 6492 TRK:ds Very truly yours, Sarah Lansdale 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 H~GHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL RECEIVED JUN l 7 2011 BOARD OF APPEALS TO: Patricia Moore for D & L Cifarelli 51020 Main Road Southold, NY 11971 DATE: 05/10/11 Please take notice that your application dated April 25, 2011 For permit to add to & alter a nonconforming building at Location of property: 1335 New Suffolk, Rd., Cutchogue, NY 11935 County Tax Map No. 1000 - Section 109 Block 7 Lot 9.3 Is returned herewith and disapproved on the following grounds: The proposed construction in the LB Zone is not permitted pursuant to Article XXIII Section 280-122 "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement ora nonconforming building containing a conforming use, provided that such action does not create any New nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." The required fi-ont yard setback is 100', the required side yard setback is 20', the required rear yard Setback is 75'. The proposed second floor will be at 78.5' and 1.5' and 70' respectively. Also. pursuant to Article XXlV, Section 280-127, Site Plan approval from the Southold Town Planning Board is required. Authorized Signature CC: file, ZBA Planning Bd. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. House No. 1335 Street New Suffolk Road Hamlet Cutchogue SCTM 1000 Section 109 BIock~7 Lot(s) 9.3 Lot Size 19~996 sq.ft.__Zone LB I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 5/10/11' BASED ON MAP (plans prepared by Nancy Dwyer) dated 4/20/11 Applicant(s)/Owner(s): Lisa and David Cifarelli Mailing Address: P.O.Box 1476 Mattituck NY 11952 Telephone: c/o Pat 765-4980 Fax #: 765-4643 Email:pcmoorel(~optonline.net NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( X ) Owner, or ( ) Other: Agent~Address: 51020 Main Road~ Sonthold NY 11971 Telephone 765-4330 Fax #: 765-4643 Email: pcmoorel~optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: y Applicant/Owner(s), or X Authorized Representative, or y Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED drawings by Nancy Dwyer dated 4-20-11 and DENIED AN APPLICATION DATED 4-25-11 FOR: alteration and addition to existing second floor of existing office building and garage Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXIII, Section 280-122: Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. y A Variance due to lack of access required by New York Town Law-Section 280-A. y Interpretation of the Town Code, Article Section y Reversal or Other A prior appeal as ,'~,~r.-~.,~4~n-~ade 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 for assistance.)None .~L{~,F (~,~) RECEI'VED Name of Owner: Cifarelli ZBA File # Lf~ ~ ~ BOARD OF APPEAL.q' REASONS FOR APPEAL (additional sheets ma~ be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: Property is zoned LB and was the office and construction yard for William Beebe. The existing structure is an unsightly cement block structure with a metal roof. Lisa and David Cifarelli are the owners of Cifarelli's Crystal Clear Cleaning Corp and intend to use the building for their offices. The building will be improved to be architecturally appealing (material to be determined). The first floor is for secretaries and the second floor is for the owner's office and a conference room. Second floor office allows Mrs. Cifarelli to have her and her husband's office with a private area for a "sick room", when needed, for their children. No change is proposed for the existing house and provides affordable housing for their employees. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The existing structure will be retained and adapted for the Cifareili's business. The first floor area will be for office use by secretarial staff and a workshop, second floor area is private office and conference room. Roofalterations are proposed to provide adequate ceiling heights. LB setbacks are disproportionate to the size of the property. The property and buildings are pre-existing nonconforming structures with a pre-existing nonconforming sized parcel. The structure abuts a access road for the Teresko farm. The rear yard faces a long farm building. (3) The amount of relief requested is not substantial because: The second floor addition is over the existing structure, the second floor will provide for adequate ceiling heights. Dormers are requested to the roof to provide the code required ceiling heights to the existing second floor. The first floor remains unchanged and will be open office area for the secretaries. The use is permitted, however, due to the pre-existing nonconforming size of the property and the structure, substantial variances are required. The proposed improvements to the property will provide an attractive adaptive reuse of an industrial looking structure. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the property is commercially zoned (LB) and will continue to be used for commercial purposes. This area of New Suffolk Road is commercially developed with pre-existing nonconforming sized parcels and a mixture of residences and commercial uses. The proposed change to the roof line of the existing structure is intended to improve the visual appearance of the building. (5) Has the alleged difficulty been self-created? ( )Yes, or ( x )No The existing structure does not conform to the LB zone setbacks. Are there Covenants and Restrictions concerning this land: X No. Yes (please furnish cop~). JUN ! ? 2011] C. O. 's of record: 1962 #1682Z move existing building and convert to dwelling BOARD OF APPF.~'11 1979 Z9374 Pre-existing but.Ming- office building & one car garage & accessory structure 1989 #Z17763 close in garage door & install new windows 1997 #Z25366 addition to existing dwelling This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IFA USE VARIANCE IS BEING REQ~U..~ .~-~D PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be s~re'~'~consult ~yob~attorney.) %nat(ii'~' of Appellant or Authorized Agent sw t X ~/ ] B~SY A. P~RKINS No~ ~ublic, ~ate of N~ ~*~t tln¢ soJ[~G uo!sslm~o0 NO, 01PE6130636 ~un~ ~1 ~u! poll!lenD Qual~ In ~ffolk ~un~ l' 9~0' ~d LO 'oN ~mm~j~ ~Ir~ ~ ~,~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Lisa & David Cifarelli Date Prepared:May 17, 2011 JUN 1 7 ~0111 BOARD OF APPEALS I. For Demolition of Existing Building Areas Please describe areas being removed:. II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: none Dimensions of new second floor: alterations to existing second floor over first floor Dimensions of floor above second level: none Height (from finished ground to top of ridge):_23' Is basement or lowest floor area being constructed_no If yes, please provide height (above ground) n/a measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: alterations to existing structure. First floor area converted to office area and workshop. Second floor area for office and conference room- roof alteration to provide adequate ceiling heights. Number of Floors and General Characteristics BEFORE Alterations: 2 stories Number of Floors and Changes WITH Alterations: 2 stories roof of office altered- no change to footprint IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: sq.ft. Proposed increase of building coverage: none Square footage of your lot: 19,996 sq.ft. Percentage of coverage of your lot by building area:_ House: 35' x 26.3' = 920.05 sq.ft. + 26.3' x 30.2' = 794.26 + 8'x13'=104 = 1,818.76 sq.ft. Office buiidin~t, araee 24' x 50'=1,200 sq.ft. Shed: 8.2' x 10.2'=83.64 sq.ft. Total: 3,102.4 sq.ft. Lot Coverage: 15% V. Purpose of New Construction Requested: retain existing business (Cifarelli Crystal Clear Cleaning. Corp.) in the Town of Southold. Property is zoned LB which allows use (280-41 (A)(6) service business) VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): existing bnsiness office/garage structure perfect for business with minor alterations to roof to provide adequate ceillno_ heights, Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 (oq ~ RECI~IVED JUN 1 7 2011 BOARD OF APPEAL~ OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Lisa & David Cifarelli 1000-109-7-9.3 A. Is the subject premises listed on the real estate market for sale? [] Yes E No JUN 1 7 2011 BOARD OF APPEALS B. Are there any proposals to change or alter land contours? E No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? no 2) Are these areas shown on the map submitted with this application? n/a 3) Is the property bulkheaded between the wetlands ama and the upland building area? no 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. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. 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.) F. Do you have any construction taking place at this time concerning your premises? __ please submit a copy of your building permit and map as approved by the Building Department and describe: no If yes, G. Do you or any co-owner also own other land close to this parcel? no the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel existing office and garage and proposed use office (ez~Z~xisting: single-family; proposed: same with garage or pool, or other description.) nature and Da~e 2~05; REGEIVED PROJECT I.D. NUMBER I 617.20 JUN I ? Z0T1 SEQR Appendix C Stats Environmental Quality Review~OARD OFAPPEALS SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) PROJECT NAME 5. I$ PROPOSED ACTION: [] New [] E-~(ganslon ~lflcation/alleratlon 8. WILL PRO~S~ A~ION COMPLY ~H ~I~ING ZONING OR OTH~ ~I~ING ~NO USE RE~ON~ ~ Yes ~ No II NO, a~H~ b~f~ 9. WHAT IS PRE~ENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial '~Commetedal [] Agrh~ltl/re [] Pa/IdF~'uUOpen spaoe [] ~r STATE OR LO~? 12. ~ A RESULT OF PRO~S~ A~ION ~ ~IS~NG P~M~IA~P~VAL R~IRE MO~ON? ~No CERTIFY THAT THE INFORMATION PROVIDED ABOVE la TRUE TO THE aEST OF MY KNOWt. EDGE ..,., ~~ c ~a:~ , ~-6~~v- D.,.. ~-/~- r/ If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II--ENVIRONMENTAL ASSESSMENT (To be completed by Agency) C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: [Ar~wers may 13e hanawr~lIen, il RECEIVED JUN ! ? 2011 BOARD OFAPPEALS ~,L= THE PRO~ECT HAVE AN IMPACT ON THE ENV, RO.ME.TA~ CHA.ACTEa,ST~CS T.^T CAUSED TH~ THERE, OR IS THERE LIKELY TO 8~ CONTROVERSY RE~TED TO ~TENTIAL ADVERSE ENVIRONMENTAl. IMPACTS? ~ Yes ~ NO If Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (3'0 be completed by Agency} INSTRUC13ONS: For each adverse effect Identified above, determine whether it is substantial, large, important or othe~ise significant. Each affect should be assessed in connection with Its (a) setting (i.e. u~t3an or rural}; (bi Droba~illty of Occurring; (c] duralion; irreversibility; (e) geographic scope; and (fi magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail lo show that all relevant adverse impacts have been identified and adequately eddresse~, if' 0uesiion D of Part II was checked yes, the determination and significance must evaluate the potential, impact of the I~roDosed action on the environmental characteristios of the CEA, {~ Check this box if you have identified one or more potentially large or significant adverse im'lS?CtS whic~ MAY occur. Then proceed directly to the FULL FAF ancllor prepare a positive declaration. [] Check this box ii: you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attacttments as necessary, the reasons supporting this determination: Pa(e AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD JUN 1 7 2011 BOARD OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, s#e plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500feet ora farm operation located in agricultural districL 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. 1) Name ofApplicant: \-)~q ~3 ' /~\c~t~ 2) Address ofApplicant: I~ ~ ~ ~ ~N&F~LN 3) Name of Land Owner (if other than applicant): 4) Address of Land Owner: 5) Description of Proposed Project: ~L~O~ 6) Location of Prope.y (road and tax map number): ~ 7) Is the parcel within an agricultural district? ~No ~Yes lfyes, Agricultural Dis~ict Number 8) ls this parcel actively h~ed?~o ~Yes 9) Name and address of any owner(s) of land within the agricultural district containing active fa~ operation(s) located 500 feet of the bounda~ of the proposed project. (lnfo~ation 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 Propeffy T~ System. Name and Address 2. ~' ' 6. (Please use hack side of page if more than six prope~y owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-~oning Board of Appeals at 765-1809. ~ 'g pp ' Date of A hcant Note: I. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applicant 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 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) RECEZVED JUN ! ? 2011 BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: David & Lisa Cifarelli and PatriciaC. Moore Esq. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company, lfso, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and thc Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __ A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or __ D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this~ day of ~(F/~t] ~. ,,~ Signature: ~'~.d/ ..P ~ qa ~)~a~[ ~ Cifnr~li ' t~dcia C. Moore ~ECEZVED Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS JUN 1 7 2011' BOARD OF APPEAL~ 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 includes all of Southold Town). lfany 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 LW2~P 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 alterations to existing building to be used as office for Cifarelli Crystal Clear Cleaning Corp. SCTM# 1000-107-7-9.3 AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees Zoning Board of Appeals X 1 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) [] (c) Permit, approval, license, certification: [] Type: Town of Southold LWRP Consistency Assessment Form I Nature and extent of action: for office to service business Location of action: 1335 New Suffolk Road, Cutchogue Site acreage: 19,996 sq.ft. Present land use: office and residence Present zoning classification: LB 2. 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:David & Lisa Cifarelli (b) Mailing address: c/o Patricia C.Moore (c) Telephone number: (631)765-4330 (c/o Pat Moore) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: __ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of SouthoM that enhances community character, preserves open space, makes ej~cient use of infrastructure, makes beneficial use o fa coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2for evaluation criteria. Yes X No [] Not Applicable X Discussion (if appropriate): Project is located on New Suffolk Road which is zoned LB. Proposed alterations to existing building intended for office use. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section Ili- Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate)- not applicable developed property Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable X alterations to existing structure in LB zone to be used RECEZVED JUN 1 7 2011 BOARD OF APPEALS Town of Southold LWRP Consistency Assessment Form 2 RECEIVED Discussion (if appropriate)- not applicable NATURAL COAST POLICIES JUN 1 7 '201'1 OOARD OF APPEAL~ Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III- Policies Pages 8 through 16for evaluation criteria Yes No [] Not Applicable X Discussion (itappropriate): not applicable- 1300 feet from Main Road (RT 25) Policy 5. Protect and improve water quality and supply in the Town of Southold See L WRP Section 1II- Policies Pages 16 through 21for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate): no impact on water quality-dry commercial use-office 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 III - Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): not applicable Policy 7. Protect and improve air quality in the Town of Southold. See L WRP Section III - Policies Pages 32 through 34for evaluation criteria. See Section III- Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): No impact on air quality 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 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): no hazardous waste on site. PUBLIC COAST POLICIES Town of Southold LWRP Consistency Assessment Form 3 JUN ! ? 2011' BO&RD OF .a, PpEAL~ Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See L~VRP Section 1II- Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): private property and no coastal waters or public lands affected WORKING COAST POLICIES Policy 10, Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56for evaluation criteria. Yes No [] Not Applicable X Discussion (if appropriate): Private business use Policy l I. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See L WRP Section II1 - Policies; Pages 57 through 62 for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate)-' not on Long island Sound Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate)'- no agriculture is conducted on or near the property Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable X Discussion (ifappropriate): All construction will comply with applicable energy codes *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 4 Attn: Vicki Zoning Board of Appeals Town of Southold Main Road PO Box 1179 Southold ~¥ 11971 hand delivered PATRICIA C. MOORE Attorney at Law $1020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 JUN 1 7 ZOI! ao4 Re:Cifarelli pr~m4ses: 1335 New Suffolk Road, Cutchogue Dear Chairman Weisman and Board members: With reference to above, enclosed please find an original and 8 sets of the following: 1. Notice of Disapproval 2. Application together with authorization 3. Project Description, Questionnaire & recent photos 4. Transaction disclosure 5. Survey 6 Building plans 7. Agricultural Data Statement 8. Town Property Card 9. LWRP form 10. My clients representing the filing fee. We would respectfully request that this matter be placed on your earliest calendar. Crystal Clear Cleaning Corp. is an existing business located in the Town of Southold and the lease for their current location is expiring. Your courtesies would be greatly appreciated in this matter. Thank you and please do not hesitate to call should you have any questions. ly yours, PCM/bp encls. SOUTHOLD PLANNING BOARD SITE PLAN APPLICATION FORM Site Plan Name and Location Site Plan Name: c~-r ./--,',,/,- /L ,~ '~' " (~f.~':<. -4 y,~z,. ! . Application Date: Suffolk County Tax Map #1000- ' ~ - ,J~ Other SCTM#s Street Address: / ~-~ ,,> f/-~ ~.~ .~ ~- D.~i/~/:"'~ .:.'J Hamlet: Distance to nearest intersection: / / Type of Site Plan: :<. New Amended Residential Zoning District Owners/Agent Contact Information Please list name, mailing address, and phone number for the people below: Property Owner /-~i. c, ~4 d /~ ~ .5c, .(-', Street /~ C~3~v /~ 7~ City A~c~/~ 3c, c~ State Home Telephone ~c~ 5~(~ Other Applicant Street /'~ City/'i ~'~ ~?7'dt.~ ~ State /~'V' Home Telephone ~Zi,~: -~ 9~ t) Other Applicant's Agent or Representative: Contact Person(s)* ;~?~/~ , ~ · '~ Street City ,.D( L~btc State /L~ )~' _Zip Office Telephone ~?/~::3 ¢ 3 ''< L' -~ Other *Unless otherwise requested, correspondence will be sent only to the contact person noted here. SitePlanApplicationForm 2/18/2010 Site Data. Proposed construction type: New Property total acreage or square footage: Site Plan build-out acreage or square footage:/~. ~ ~?.~d ?/c~o,'~ Modification of Existing Structure ac./sq. ~. Agricultural Change of use Is there an existing or proposed Sale of Development Rights on the property? Yes __ If yes, explain: No ~ Does the parcel(s) meet the Lot Recognition standard in Town Code §280-9 Lot Recognition? Y~<~ N yes , explain (and attach any necessary documentation - t~tle report, subd~vlsion approval, etc.) Building Depa~ment Notice of Disapproval Date: .~- / /o/ // Is an application to the Southold Town Zoning Board of Appeals required? Yes If yes, have you submitted an application to the ZBA? Yes . No __ If yes, attach a copy of the application packet. ;< No Show all uses proposed and existing. Indicate which building will have which use. If more then one use is proposed per building, indicate square footage of floor area per use. :~'~ 5~> :-:~c ,~.~ List all existing prope~y uses: M-~.,i.,~' . t..~ <:c/~l~.~ r~,~ ¥~ ~ I :'h ~ / .2 _ . (f(~; · ' ~,~ .4,.~' ' Listallproposedpropenyuses: :'bbzv~. c~ ~ ~',~/~ l, ~ ~'~' c /~z:,~ i~,~/. ~ -~ ~:V~ Other accesso~ uses: Existing lot coverage: ji~/% Proposed lot coverage: /9" % Gross floor ~rea of existing structure(s): i~.c:~;, sq. R ~oss floor area of proposed stmotur~s): ~:. ~'(~' Parking Space Data: # of existing spaces: ti? # of proposed spaces: Loading Berth: Yes__ No~ Landscaping Details: Existing landscape coverage: &~: % Proposedlandscape coverage: '-~. % Wetlands: Is this property within 500' of a wetland area? Yes __ No ..~., Maybe I, the undersigned, certify that all the above information is true. Signature of Preparer: SitePlanApplicationForm 2118/2010 Date: · c.~ ,/~ c,: ~ -(-/ //'/. C ',"(~ C;-'~7' being duly sworn, deposes and says that he testes at in the State of New York, ~d that he is the owner of the above prope~y, or that he is the /~/ F~' ,"'~'~-.~ of the (Title) :] (Specify whether Pmnership or Corp.) which is hereby making applicatio~hat there are not existing structures or improvements on the land which are not shown on the Site Plan; that the title to the entire parcel, including all rights- of-way, has been cle~ly established and is shown on said Plan; thru no pa~ of the Plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads; that he has examined alt roles and regulations adopted by the Planning Bo~d for the filing of Site Plans and will comply with same; that the plans submitted, as approved, will not be alter or changed in any manner without the approval of the Planning Bo~d; ~d that the actufl physical improvemems will be installed in strict accordance with the plan as approved by the Planning Board. TOWN O~I~ouTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765.1802 FAX: (631) 765-9502 SoutholdTown.NorthForl~net Examined ,20 Approved ,20 Disapproved a/c ~/~/I ~ Expiration ,20 PERMIT NO. ~I~uILDING PERMIT APPLICATION CHECKLI~ Do you have or need the following, before applyinl Board of Haalth 4 sets of Ballding Plans Plauning Board approval Surwy Che~k Sep~c Form Flood PcrmR Mail to: APR ~ 6 20II EPT. ~ This aPl~lS~Cf~lJ~fi.~T be comp se~c/of lan~ accurate plot plan to scale. ~e Building Inspector 'LICAT1ON FOR BUILDING PERMIT Date HI ~. ~' ,20 ti INSTRUCTIONS ~ ~ely filled in by typewriter or in ink and submit~ to the Building Inspector with 4 according to s~hedule. 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 befog issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicaui. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whule or ~n part for any pul~.onse what so ever until the Building Inspeotor issues a Certificate of Occupancy. f. EVery building permit shall expire if tbs work authorized bas not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. lfno zoning amendments or other regulations affecting the properly have bosh enacted in the interim, the Building Inspector may authorize, in writing, the extensinn 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 iesanncc of a Building Permit pursuant to the Building Zone Ordinance of the Town of S6uthold, SUffolk County, New York, and oihsr appiic~bie Laws, Ordinances or Regulations, for the constmcllon 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 cede. and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signatom of applicant Or name, fin colporation) (Mailihg Mdress of appliCan0 State whether applicant is owner, lessee, agent, architect, engineer, general conR'actor, elcciri6ian, plumber or builder Name of owner of premises ~)£VC ~ ['l~ ~--a Oa. gt~.,/{ i (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer ('Name and title of corporate officer) Builders License No, Plumbers License No. Electricians License No. Other Trade's Licansc NO. 1. Location of land 9n which progosed wo~rk will be done _ House Number Stroe~ ~' Hamlet County Tax Map No. 1000 Section ~}0~ Block '7 Lot ~. ~ Subdivision Filed Map No. Lot 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: if any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Part3 Identify the Portions of EAF completed for this project: U Part1 ~ t Part2 Upon review of the information recorded on this EAF (Parts I and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Preparer (If different from responsible officer) website Date Page 1 of 21 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Pads A through E, Answers to these questions will be considered as pad of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Pads 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Location of Action (include Street Address, Municipality and County) State Zip Code ///~¢,,~-Z... Business Telephone .~--~7CC~" ~'~-~OO Name of Owner (if different) Address City / PO Business Telephone State Zip Code Description of Action: Page 2 of 21 Please Complete Each Question--Indicate N,A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: [] Urban N Industrial F~ Commercial ~ Forest [] Agriculture [] Other r~ Residential (suburban) []Rural (non-farm) 2. Total acreage of project area: ~ ~-Z~ acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural)(~j/.~ ) Wetland (Freshwater or tidal as per Articles 24,2§ of ECL} Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces ~ Other (Indicate type) PRESENTLY acres acres acres acres acres acres Z-> acres acres AFTER COMPLETION acres acres acres acres acres acres , Z~' acres acres 3. What is predominant soil type(s) on project site? a, Soil drainage: ~Well drained IOO% of site ~ Poorly drained % of site [] Moderately well drained __ % of site. If any agricultural land is involved, how many acres of soil are classified within soil group I through 4 of the NYS Land Classification System? acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ~ 1 Yes ~ No a. What is depth to bedrock (in feet) 5. Approximate percentage of proposed project site with slopes: ~. I~1~ ~0-10% '0~ % []10-15% % ~15% or greater__ 6. 9. Is site located over a primary, principal, or sole source aquifer? ~Yes 10 Do hunting, fishing or shell fishing opportunities presently exist in the project area7 Is project substantial~ontiguous Historic Places? [ lYes ~ NO Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? to, or contain a building, site, or district, listed on the State or National Registers of ~Yes ~No ~No F~Yes r~No What is the depth of the water table? ~ ~.. feet) Page 3 of 21 1 1. Does project site contain any species of plant or animal life that is identified as threatened or endangered? According to: []Yes []No Identify each species: 1 2. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? []Yes r~No Describe: 1 3. Is the project site presently used by the community or neighborhood as an open space or recreation area? Elves I~,c If yes, explain: Does the oresent site include scenic views known to be important to the community? OYes ~No 1 5. Streams within or contiguous to project area: Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: b. Size (in acres): Page 4 of 21 17. Is the site served by existing public utilities? [] Yes [] No a. If YES, does sufficient capacity exist to allow connection? ~]Yes b. If YES, will improvements be necessary to allow connection? 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? []Yes 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 []Yes []No 20. Has the site ever been used for the disposal of solid or hazardous wastes? B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: b. Project acreage to be developed: ~ '~' acres initially; - c. Project acreage to remain undeveloped: -/ acres. d. Length of project, in miles: ./" (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. f. Number of off-street parking spaces existing (~¢- ; proposed g. Maximum vehicular trips generated per hour: l- h. If residential: Number and type of housing units: One Family Two Family I Initially Ultimately i. Dimensions (in feet) of largest proposed structure: ~.2~'~" height; j. Linear feet of frontage along a public thoroughfare project will occupy is? 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed []Yes E]No []N/A a. If yes, for what intended purpose is the site being reclaimed? []Yes [~No C~ acres. acres ultimately. (upon completion of project)? Multiple Family Condominium width; .~/-~0 length. ft. tons/cubic yards. b. Will topsoil be stockpiled for rec(amation7 [] Yes [] No c. Will upper subsoil be stockpiled for reclamation? [] Yes [] No How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? __ acres. Page 5 of 21 5. Will any mature forest (over 100 years old) or other locally important vegetation be removed by this project? []Yes ~No 6. If single phase project: Anticipated period of construction: ~ months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated __ (number) b. Anticipated date of commencement phase 1: __ month __ year, (including demolition) c. Approximate completion date of final phase: __ month __ year. d. Is phase 1 functionally dependent on subsequent phases? ~ Yes ~ No 8. Will blasting occur during construction? ~ Yes '~ No 9. Number of jobs generated: during construction ~/ ; after project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? ~ Yes r~ No If yes, explain: 12. Is surface liquid waste disposal involved? [] Yes ~No a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ~ Yes ~ No Type 14. Will surface area of an existing water body increase or decrease by proposal? ~ Yes ~ No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? r~ Yes ~ No 16. Will the projeot generate solid waste? []Yes ~lNo 5~ -- ~'"~:~':, 6''''''~ ~x~ a. If yes, what is the amount per month? __tons b. If yes, will an existing solid waste facility be used? [] Yes [] No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? []Yes [] No Page 6 of 21 e. If yes, explain: a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? __ years. 18. Will project use herbicides or pesticides? ~Yes ~ No 19. Will project routinely produce odors (more than one hour per day)? [] Yes ~ No 20, Will project produce operating noise exceeding the local ambient noise levels? []Yes ~No 21, Will project result in an increase in energy use? [] Yes [] No if yes, indicate type(s) 23. Total anticipated water usage per day ~OO gallons/day. 24. Does project involve Local, State or Federal funding? ~ Yes ~ No If yes, explain: Page 7 of 21 25, Approvals Required: City, Town, Village Board ~Yes ~ No Type Submittal Date City, Town, Village Planning Board ~F1Yes ~No City, Town Zoning Board ~Yes ~ No City, County Health Department ~, , Yes ]No Other Local Agencies ~Yes r~No Other Regional Agencies State Agencies ~Yes ~NO Federal Agencies ~ Yes ~ Zoning and Planning Information Does proposed action involve a p ann ng or zonin9 decision7 [~Yes ~ No If Yes, indicate decision required: [] Zoning amendment []Zoning variance [] New/revision of master plan [] Site plan ~ Special use permit [] Resource management plan E~ Subdivision ]Other Page 8 of 21 2. What is the zoning classification(s) of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? What is the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. ed ~ction consistent with the recommended uses in adopted local land use plans? [] Yes ]No What are the predominant land use(s) and zoning classifications within a ¼ mile radius of proposed action? 8. is the proposed action compatible with adjoining/surrounding land uses with a ¼ mile? 9. if the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? ~Yes [] No Page 9 of 21 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? []Yes [~No a. If yes, is ex st ng capac ty surf cent to handle projected demand? []Yes [] No 12. Will the proposed action result in the generation of traffic significantly above present levels? a. If yes, is the existing road network adequate to handle the additional traffic. []Yes D. Informational Details []Yes ~ No []No Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name ,,~/', c~, L~''' ~'~j E'~,r'~ Signature ~//~""~ Date Title if the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 PART 2 - PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) · In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. · The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term, short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Impact on Land 1. Will the Proposed Action result in a physical change to the project site? Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes ia the project area exceed 10%. [] [] []Yes IZ]No Construction on land where the depth to the water table is less than 3 feet, [] [] []Yes Construction of paved parking area for 1,000 or more vehicles. [] [] •",'es Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more than 1 year or involve more than one phase or stage. [] [] O es rq,o [] [] •','es IZ]No Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. [] [] OYes Page 11of21 Construction or expansion of a santary landfill. Construction in a designated floodway. Other impacts: I Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change [] [] [] Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) Specific land forms: [] []Yes [] []Yea ~No [] []Yes []No [] []Yes Impact on Water Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) ~NO DYES Examples that would apply to column 2 Developable area of site contains a protected water body. Dredging more than 100 cubic yards of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body. Construction in a designated freshwater or tidal wetland. Other impacts: [] [] [] [] [] OYes ONe [] OYes •No [] OYes [] BYes 0,o [] OYes 0,o Will Proposed Action affect any non-protected existing or new body of water? Examples that would apply to column 2 A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of suRace Other impacts: [] [] [] [] []Yes ON• [] OYes ONo [] OYes •No Page 12 of 21 Will Proposed Action affect sudace or groundwater quality or quantity? OYES Examples that would apply to column 2 Proposed Action will require a discharge permit. Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. Construction or operation causing any contamination of a water supply system. Proposed Action will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Proposed Action would use water in excess of 20,000 gallons per day. Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvio'us visual contrast to natural conditions. Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. Proposed Action will allow residential uses in areas without water and/or sewer services. Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. Other impacts: 1 Small to Moderate Impact [] [] [] 2 Potential Large Impact [] [] [] [] [] [] [] [] [] [] [] 3 Can Impact Be Mitigated by Project Change ~Yes ~No ~Yes NNo ~Yes NNo []Yes ~No []Yes NNo BYes NNo OYea []No []Yes []No OYes [] No []Yes []No []Yes ONo []Yes [] No Page 13 of 21 1 Small to Moderate Impact 2 Potential Large Impact Can Impact Be Mitigated by Project Change 6. Will Proposed Action alter drainage flow or patterns, or surface water runoff? Examples that would apply to column 2 Proposed Action would change flood water flows Proposed Action may cause substantial erosion. Proposed Action is incompatible with existing drainage patterns. Proposed Action will allow development in a designated floodway. Other impacts: fq [] O O OYes ON• [] OYes •,o [] OYes O'o [] []Yes []No [] OYes ON• IMPACT ON AIR 7. Will Proposed Action affect air quality? []YES Examples that would apply to column 2 Proposed Action will induce 1,000 or more vehicle trips in any given hour. Proposed Action will result in the incineration of more than 1 toe of refuse per hour. Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed Action will allow an increase in the amount of land committed to industrial use. Proposed Action will allow an increase in the density of industrial development within existing industrial areas. Other impacts: [] [] [] [] O [] [] ~Yes [] OYes O OYes [] OYes O,o [] OYea ONe [] OYes O,o IMPACT ON PLANTS AND ANIMALS Will Proposed Action affect any threatened or endangered species? []YES Examples that would apply to column 2 Reduction of one or more species listed on the New York or Federal list, using the site, over or near the site, or found on the site. ]Yes Page 14 of 21 Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. Other impacts: 1 2 Small to Potential Moderate Large Impact Impact O [] 3 Can Impact Be Mitigated by Project Change []Yes []No []Yes ~No ~Yes ~No 9. Will Proposed Action substantially affect non-threatened or non- endangered species? Examples that would apply to column 2 Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. Other impacts: [] [] [] O [] OYes •No OYes ]Yes ON• IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? Examples that would apply to column 2 The Proposed Action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) Construction activity would excavate or compact the soil profile of agricultural land. The Proposed Action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. [] O [] [] [] [] ]Yes ON• []Yes []~o Page 15 of 21 The Proposed Action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff). Other impacts: 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change [] [] OYes 0,,,o [] [] O','es ON• IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) Examples that would apply to column 2 Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant screening of scenic views known to be important to the area. Other impacts: [] [] OYea 0,~o [] [] DYes []No [] [] OYas Of,,• [] [] •','es 0'% IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? O.o DYES Examples that would apply to column 2 Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. [] [] [] [] OYea •r~o [] OYes ON• [] OYes Or~o Page 16 of 21 Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact Can Impact Be Mitigated by Project Change []Yes []No IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts: [] [] [] IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(g)? []YES List the environmental characteristics that caused the designation of the CEA. [] [] [] ~Yes []No ~es []No ~es []No Examples that would apply to column 2 Proposed Action to locate within the CEA? Proposed Action will result in a reduction in the quantity of the resource? Proposed Action will result in a reduction in the quality of the resource? Proposed Action will impact the use, function or enjoyment of the Other impacts: [] [] [] [] [] [] [] [] ]Yes []No ONo []No []No _ Page17of21 IMPACT ON TRANSPORTATION 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 15. Will there be an effect to existing transportation systems? [] No [] YES Examples that would apply to column 2 Alteration of present patterns of movement of people and/or goods. O O OYes Proposed Action will result in major traffic problems. Other impacts: [] [] [] OYes 0.o [] OYes 0.o IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? ]NO []YES Examples that would apply to column 2 Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. [] [] [] OYes [] OYes Other impacts: NOISE AND ODOR IMPACT O [] OYes ONo 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ]NO OYES Examples that would apply to column 2 Blasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Proposed Action will remove natural barriers that would act as a noise screen. Otherimpacts: [] [] [] [] O [] OYes []No [] OYes •No [] OYes [] OYes [] OYes ONe Page 18 of 21 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect pub c health and safety? []YES Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. [] OYes []No Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. Proposed Action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of so[id or hazardous waste. [] [] [] [] OYes [].o [] OYes •No [] OYes O"o Other impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD [] [] OYes []No 19. Will Proposed Action affect the character of the existing community? []YES Examples that would apply to column 2 The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. Proposed Action will conflict with officially adopted plans or goals. [] [] •','es [] [] O~es •'"e Proposed Action will cause a change in the density of land use. Proposed Action will replace or eliminate existing facilities, structures or areas of historic impod:ance to the community. Dev¢opment will create a demand for additional community sen/ices (e.g. schools, police and fire, etc.) [] [] []Yes []No [] O OYes O.o Page 19of21 Proposed Action will set an important precedent for future projects. Proposed Action will create or eliminate employment. Other impacts: 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? 1 2 Small to Potential Moderate Large Impact Impact 3 Can Impact Be Mitigated by Project Change ~Yes []No If Any Action in Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of Impact, Proceed to Part 3 Page 20 of 21 Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Pad 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated, Instructions (if you need more space, attach additional sheets) Discuss the followin9 for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: · The probability of the impact occurring · The duration of the impact · Its irreversibility, including permanently lost resources of value · Whether the impact can or will be controlled · The regional consequence of the impact · Its potential divergence from local needs and goals · Whether known objections to the project relate to this impact. APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Seege Doyen James Dinizio, Jr. Rober~ A~ Villa Lydia A. Tortora SouthoM Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. No. 4395 ACTION OF THE BOARD OF APPEALS DATE OF ACTION{ JuJy 24~ 1996 APPLICANT: WILLIAM M. BIgEBE LOCATION OF PROPERTY: 1455 New Suffolk Road, Cutchogue. COUNTY TAX MAP DISTRICT 1000, SECTION 109, BLOCK 7, LOT 10.4. GROUNDS OF REQUEST/REFERRAL: Bu/ldlng Inspector Notice of Disapproval issued June 20, 1996 skating n...Under Article II, Section 100-25A Merger, proposed construction for an addition is on a non-couforming lot that has been held in common ownership with ~u adjacent non-conforming lot sometime after Suly 1, 1983 .... " (Logs 10.4 & 9.3 merged as of 1983.) TYPE OF REQUEST: Waiver under Article H, Seotion 100-26. REASONS FOR GRANT OF WAIVER: 1. Each of the two lots were created by separate deeds in 1947 and 1962. 2. Origiual lot lines - the exact lot lines are shown in the original deeds (separate metes-and~bomads description for each parcel). 3. Town issued single tax bills for each pa~-'c'el since lot creation. 4. Zorgng adopted by Town 4/23/57 (lot merger law was strictiy enforced about 1983 hi the Town's zoning matters). 5. In 1976 - County established maps showing parcels separately, 6. Fach of the two lots are improved with single-f~m~ly dwoillng and separate water and septic systems. 7. Neighborhood consists of lots similar in size. 8. The land will not require a change or alteration in eontsurs or slopes, or suhakaniiel fliling of land. 9. There is no increase in density by this lot ~raiver since the property has been improved with a single-fsmily dweillng construotiou prior to 1970. 10. A majority or the lots in this development have been built upon. MOTION MADE BY G: Goehringer SECONDED BY L. Tortora. ACTION/RESOLUTION ADOPTED: Waiver granted as applied. VOTE OF THE BOARD: Ayes: Serge J. Doyen Lydia A. Tortora Gerard P. Goeln. inger Robert A. Villa: TlxisI ~l~q~.~w~x~lr~4~l~va~pted (4-0), Jsnles DJni~io absent | THE SQU,~CL~D TOWN C~z~K ~ ~-~ ~--% .~v RECEI'VED JUN 1 7 2011 BOARD DF APPEALS 3 I~STRUCTIONS '~ ' e. No build~g shall be occupied ~r u~d ia whole or in p~t for any purpose whatever ~t~ g Certificat* of O~uP~CY (Signature of applicant, or name, if a corporation) .. ~.~.~ ~ ................................................................................. House Number , · ,; · Street , . ' ' Hamlet O. .... , ,' . ,,*~ (Name) 3. Nature of work (check whi,~l plicabte): New Building .... Arise ... Alteration ......... Repair .............. Removal .............. Demolition ,7~:;,. ~/. ....... ~OJher Work .............. 4. Estimated Cost .......... ~ .. Fee ............... *.[ ..................... .' ................... (to bo paid 9n: filing this appBcation) 5. I f dwelhng, number of dwailing~u_mts ..... /. ........ Number ~f6l.w. elling umts on each floor. If garage, nmnber of cars .... I.I< Ctl,V:. ~. ........................ ~ ,. ,. ......................... q ...... 6. ~f bus~ness' ¢~mmerc~aI ~r mix~d ~ccupancy' specify natur~ and exteiit ~i~ ea¢h ty~e ~f u$~ . .~¢-.~l.~?. .~`=. .... 7. Dhnensions of existing stmctuies, if any: Front ..... ,...~t .! .....Rear . .o~.~../. ...... Depth ...o~ ~/. ..... tteight. .leer. / ......... Number of Stories ... ! ........................ } ................ ./ ........ Dimensim~s of sam~l s)ructure with alterations or additions: Front ..... ;5'. D./. ..... Rear....~..d~. .......... Devil, ....... gZ ............ Height. ~/.aOc. ( ..... ? ......... Numar o~$tories .... / .......... ~ ..... 8. Dimensions of entire new construction: Front .... ,a.~..- ..... Rear ...aa:. ~ ......... Depth . .2~.../, ..... l leight .../.OCT / ........ Number of Stories .... /. .................................... ., ............ 9. Sizeoflot:Front ../~.~/~ .... Rear .... .~.~-~.! .... Depth .~l~k'.~.t ........ orPnr ........ :,t ............. of Fenner ..... I I. Zone or use district in wrdcb premises are situated .................................................... 1 2. Does proposed construction violat~ any zoning law o~dinanee or regulation: .... d~.~ ....................... 13. Will lot be regradod ...... /~.~ ................. Will excess fill be remoyed from premises: Yes Nc Nan~e of Architect ... ~ ............... ~ ..... Address ................... Phone No ................ Name of Contractor, LT'..q: .?r-.& 0..~JP. bx¢~. L.¢~.. Address ./';f~'.~./7~ r.U, &~Z .... Phone No,,37-/~...~'~,~ J~... 15. I$ this property located within 300 feet of a tidal wetland~ *Yes ..... No~.~ *If yes, Southold Town Trustees Permit m~be re uired. , .. . P DIAG~ . ' Locate clearly and distinctly all buildings, whether existing or proposod, and, indieato all set-ba*k dimensions from property fees. Give street and block number or description according to deed, and show street name~ and indicate whether illlerior or corner lot. , JUN I ? 20U BOARD OF APPEALS s I'ATE OF NEW YORK, S.S t (}lINTY DF ............... (Contractor, agent, corporate officer, etc.) qq~licatinn; that all statements contained ~ this application are true to the best of hh ~owledge and belief; and that ',~ ork will be perfo~ed n ~e m~ner set forlh ~ the appl cation filed therewith ,12/02/2010 12:27 I p~GE 05/05 BOARD OF: APPEALS ~UII~IINg PI~MrI" .('TI-tis I~1'1' MJJb'~ BE la,sT ~N T'ItE PREMIS~ UN'~IL I~JLL COMPLEX'ION OF 'I'HE WORI~ AUTI-fC~I~'IED) Subd3.vision Name of Owner(s) Occupancy B-1 (type) Admitted by: ~. Beebe.. Key available SouFoe of request M~. Besbe BU.ILDTNG DEP~JITM~NT TOWN OF SOUTHOLD, N. Y. HOUSING CODE INSPECTION REPORT 1355 New Suffolk Lane Cutcho~ue -'~num~e~ & street) Map No. Lot(s) W~lliam M. Beebe (owner-tenant) Accompanied by: MT. Beebe Suffolk Co. T~ No. Dst~ Dec~be~ 9, ~978 RECE~/ED ~OARD OF APPEALS Y~: OFFICE & ONE CAROARAGE Foundation cement block Cellar partialcrawl space To%al rooms, ls~. F1 2 2nd. F1 3~d. F1 Bathroom(S} 3 Porch~ ty~% ~reezewe~ ~e Heat Oil fl~ed '~a~m Air Fireplace(~) Toilet room(s) Deck, 'typ~ Patio, type Garage__ Utility room X Hotw~te~ Domestic hotwater ~yp¢ heater Other ACCES$0~Y STRUCTURES: ..... FOUR CAR & STORAOE UPSTAIRS Swimming pool Guest, type cerise. used in.n~oon"~aO%lng buS~.fl~ss. VIOLATIONS: Housing Code, Chapter 52 0URTIS HORTON Da'~',~ of Im~p. December ~2~ 1978 TJ.~e star't 9:~0 end ~0:.. 0~_AM AM RECElrVED ~OARD OF APPEALs Cerlificete Of Occupancy PRIOR confon~s substantially to ~ C d~d .. ~pr~ ... ~ ........ 195~. ~su~t ~ whl~~ No.. ~.~, ~ ...~....~ ....... , 19..~, was ~ued, ~d eo~ ~ ~ ~ the m~ of the appUeable pro.ions o~ ~e law. ~e occupan~ for wM~ ~ c~ca~ ~u~ M Office ~lldtng & ~e C~ garage & Aooesso~ (o~er, ~ of ~e ~ores~d b~ldJng. S~olk Cowry Dep~m~t of H~ App~v~ .......... ~P& ............ Ho~s~ ~u~a., ~ ....... s~ ........... ~?. ~H~f~ .P~.~ ........... ~2eho~e, New gork Coun~;y ?~x Nu~ber 1000-109-6-8 * 9.1 SURVEY FOR WILLIAM M BEEBE YOUNG aYOUNG ~ooos,,A.o[~,v[.u[ RIVERHEAO, NEW YORK FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY RECEIVED JUN ! 7 2011 BOARD OF APPEALS No Z17763 Date FEBRUARY 15~ 1989 THIS CERTIFIES that the building. P~LTERATION Location of Propert~ 1335 NEW SUFFOLK LANE CUTCHOGUE House Ho. Street Hamlet County Tax Map No. 1000 Section 109 Block 07 Lot 9.2 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated AUG. 25, 1982 pursuant to which Building Permit No. 11886Z dated SEPT. 1~ 1982 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is CLOSE IN GARAGE DOOR & INSTALL NEW WINDOWS. The certificate ~s issued to WILLIAM M, BBEBE (owner, of the aforesaid building, SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A Building 'Inspector Rev. 1/81 / RECEIVED JUN 1 ~ ~01~ BOARD OF APPEALS 12/0212010 12:27 %. P~E: 03105 REC~IVED BOARD OF APPEA~ RECEIVED Jy~ 1 7 2011 BOARI~) I;}1~ APP£~L$ David Cifarelli Lisa Cifarelli PO Box 1476 Mattituck NY 11952 June 14, 2011 JU /I 7 201 BOARD OF APPEALs Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: We, David Cifarelli and Lisa Cifarelli, hereby authorize you to make any and all applications to the Town of Southold Zoning Board of Appeals and any other necessary agencies on our behalf regarding our property located at 1335 New Suffolk Road, Cutchogue, New York 11935. Very truly yours, David Cifarelli ~/~'-'Ltsa C ifarcl i~~ Cif~'elli 1335 New Sufffolk R& Catchogue NY11935 !k R& NYi 1935 sctm: 1000-109-7~9.3 1335 New Sufffolk Rd. C utchogue N Y 11935 ~tratus Reports Prepared by Barry Novick Corcoran (631)765-1300 8/4/2011 9:12:42 AM Main Rd 7 4 Full: 2 Half:0 Page 1 of 2 Listing Price:$470,O00 Contract Pric®:$430,000 Sold Price:S430,000 %Difference:8.5 Days on Market:60 Title Date:Il312011 Approx Year Built: 1957 New Conat: N Garage: 3,5 Dat Driveway: Pvt Basement: Full Finished: N # Kitchens: t Eat In Kitchen: Y Dining Room: Lr/Dr Den/Family Room: N Office: Y Attic: Y Construction: Frame Appearance: Excellent Porch: Patio: Yes Deck: Pool: N Tannis Court: Inground Sprinklers: Also for Rent: N Price: Bsmt/Subfl: Full School Distrtct: 9 Mattituck-Cutchogue Taxes: $7,264 Add'l Village Taxes: Lot Size: .46 Lot Square Footage: 20037 Building Size: 1767 Cul-de-sac: N Waterfront: N Watervlew: N Water Frontage: Dockirtg Rights: Beach Rights: Bulkhead: Section: 10900 Lot: 9003 Block: 700 ML#: 2338895 If One Of Your Goals Is To Enjoy A Rural Lifestyle Combining The Historic Character And Commercial Uses Of The Surrounding Areas,This Is Itl Comfortable 4 Br, 3 Be Residence W/Large Outbuilding Including 3 Bay Garage And Office, Zoned Lb, Offers Many Possibilities. Convenient Information supplied by third parties and not by Multiple Listing Service of Long Island ,Inc. Iofo~mation Copyright 2011, Multiple Dsting Service of Long Island,lnc http://links.mlslirealtor, con~PublicWeb/CL CF.asp?link no=9448900.CORC03&t=-I 8/4/2011 · Stratus Reports Page 2 of 2 Photo Gallery For ML# 2338895 1335 New Suffolk Rd Style: Ranch #Faro: 1, Det updated 4 bedroom 2 bath residence Perfect for your office http://links.mlslirealtor.com/PublicWeb/CL_CF.asp?link_no~9448900.CORC03 &t-I 8/4/2011 OF SOUTHOLD P~OPERTY RECORD CARD /~ (~o ~/~ ?- - TOWN OWNER FORMER OWNER STREET /3 VILLAGE DISTRICT SUB. ACREAGE LOT RES. ,~ FARM TOTAL DATE ~0 Farm Tillable 2 Tillable, 3 Woodland Swampland Brushland SEAS. VL IMP. I;L 6 ~ Ac re ~,~-o o C~L. IND. (~ MISC. Est. Mkt. Value , House Plot Total FRONTAGE ON WATER FRONTAGE ON ROAD/~ ~-/z o/7.Y Value Per Acre Value BuLKREAD DOCK I kA. Bldg. ~ /~. X,,~~ : ,,~ li j I Foundation Bath I I Extension 6-X /I : ~ ~ Basement Floors m [xtensi~g:~ ~/ ~ J / ~/~ Ext. Walls interior Finish ~x ,~n .~X /~ = /O~ Z~/' ~ire Place Heat I Porch R~f Type Porch Rooms 1st Floor ~eWaY /~3o~ ~ - ~';,~ /~ ~ ~-/ ~atio Rooms 2nd Floor 3arage ~0 X ~ ; /~ O0 /~ ~ ~ /Z ~0r Driveway Dormer i~ ~ ~'J m- BOARD OF APPEALS M. Bldg. 35.~/~.j~-~. ~.~ ~"' ~.~.~"- Z.,~,zTZ/, Foundation c ~ Bath ~ Dinette Ext~nsi°n / ~ ~ ~ .~ 3. ~ /J-~ Basement ~L~WL Extension j~ ~ c ~0 ~, ~ /~gO Ext- Walls Interior Finish L.R. ~tension Fire Place Patio Woodstove B R. Porch ~ /~//~ ~ /~o ,~O ~O Dormer Fin. B. Deck Attic Breezeway Rooms 1st Floor ~ Driveway Rooms 2nd Floor .Garage. , ~ ~ Pool TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL, ~' SOUTHOLD, NY 11971 TEL: (631) 76~-1802 FAX: (631) 76~-9502 SoutholdTown. NorthFork. net Examined ,20__ / / ,20 Disapproved a/c , Expiration ~ 20 ~OARo OF AppEAL~ PERMIT NO. aeC~IV~OBUILDING ~dlT APPLICATION CHECKLIST Do you have or need the following, before applying? Boa~l of Health 4 sets of Building Plans Planning Board approval Survey Che~k Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: .k Mail to: sets of APR 2011 a. This a~l~T be com tans, accurate plot plan to scale. Building Inspector INSTRUCTIONS etely filled in by typewriter ,' according to schedule. or in ink and submitted to the Building Inspector with 4 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 a_qer 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, OKllnances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with ail applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signatur~ of applicant or name, ifa corporation) (Mailing address of applicent) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises '~LUE ~ [-' I'~d~ C'¢~LI~&t { i (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which orooosed work will be done: --, House Number Street amlet County Tax Map No. 1000 Section 10vI Block ~] Lot 6~. ~ Subdivision Filed Map No. Lot 2. State existing use and occupancy ofprem,~is,~s and.intend.ed use and occupancy of proposed oons~}b a. Existing use and occupancy Ldv44CC, ['~]1~(,I;'~ ~ o 7 2011 b. Intendeduseandoccupancy O'~I(.C [91], tc~tt~ ~ t.~OYJt_~I, Lo~ 3. Nature of work (cheek which applicable): New Building Addition Repair Removal Demolition Other Work 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Fee (Description) (To be paid on filing this application) Number of dwelling units on ~ach floor If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing.structures, if any: Front ~ ~L. 0' Re_ar ~5{. 0' Depth Height ( ~ '-(~ ~ 47-' Number of Stories [ w/ Dimensions of same structure with alterations or ad~litions: Front c~t~, 0' Depth ~0.0' Height ~ L O' ~/'- Number 6f Stories 8. Dimensions of em[re new construction: From O-fi O' Height [~'-0~ */~ Number of Stories 9. Size of lot: Front 100.0 ' Rear [ 00, 0 ' Name of Former Owner lO. DateofPurehase ~OII Rear o9~. O' Depth 0)O0, Depth Rear 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~ NO 13. Will lot be re-graded? YES__ NO ~ Will excess fill be removed from premises? YES __ NO 14. Names of Owner of premises Name of Architect Name of Contractor Add. ss Address Address Phone No. Phone No Phone No. 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. 18. Are there any covenants and restrictions with respect to this property? * YES · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) SS: COUNTY OF -- ~-~-,-.~ a C"'.~o ~'~being duly sworn, deposes and sa.vs that (s)he is the applicant (Nam~ of individhai signinl~ conWact) above named, (S)He is the (Contractor, A~e~)(~ Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this · Notary Public Qualified in Suffolk Count, Commission Expires July 28, 20L~ ~ ~~pplicant Town of Southold P.O Box 1179 Southold, NY 11971 Date: 06/28/11 * * * RECEIPT * * * Receipt~: 107754 Transaction(s): 1 1 Application Fees Reference Subtotal 6488 $1,500.00 Check~: 1069 Total Paid: $1,500.00 Name: Cifarelli's, Crystal Clear P O Box 1476 Mattituck, NY 11952 Clerk ID: CAROLH Internal Io: 6488 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville June 30, 2011 Zoning Appeal No. 6488 Transmitted herewith is Zoning Appeals No. 6488 of Patricia C. Moore for Lisa & David Cifarelli- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Patricia C. Moore Dated June 15, 2011, Notice of Disapproval from Building Department dated May 5, 2011, Copy of Board of Appeals No. 4395 Dated July 24, 1996, Copy of Application for Building Permit with Disapproval Dated June 20, 1996, Copy of Building Permit no 1682 Z to Move Existing Building & Convert to Dwelling Dated March 29, 1962, Copy of Housing Code Inspection Report Dated December 12, 1978, Copy of Certificate of Occupancy No. Z9374 for Office Building & One Car Garage & Accessory Structure Dated January 4, 1979, Copy of Survey Dated January 4, 1983 Prepared by Young & Young, Copy of Certificate of Occupancy No. Z17763 to Close in Garage Door & Install New Windows Dated February 15, 1989, Copy of Floor Plans, Copy of Certificate of Occupancy No~,Z25366 for Addition to Existing One Family Dwelling Dated November 12, 1997, Copy of Floor Plans, Authorization Letter from David & Lisa Cifarelli to Patricia C. Moore, Six Pages of Photos of Property as it Exists, Two Pages of Property Record Card (One Both Sides), Copy of Application for Building Permit with Disapproval Dated May 9, 2011, Copy of Survey of Property as it Exists Dated June 14, 2011 Prepared by John C. Ehlers Land Surveyor, Five Pages of Plans Showing Elevations & Floor Dated April 20, 2011 Prepared by Nancy Dwyer. ?ATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 RECEZYED ,AUG 1 5 2Oil BOARD OF APPEALS Margaret Rutkowski Betsy Perkins Secretaries August 12, 2011 Southold Town Zoning Board of Appeals Leslie Weisman, Chairwoman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: D&L Cifarelli Appeal %6488 1000-109-7-9.3 Dear Chairman and Board members: I am in receipt of the Planning Board recommendation dated August 12, 2011 and have the following comments: 1. My clients are mindful of the residential neighbors and discussed at the hearing that the proposed improvements to the building are for the office use. An office use causes no measurable disturbance to a residential neighborhood. While the Zoning of the parcel and the adjacent parcel is LB which allows numerous business uses, a business office is one of the least intensive use in LB. By analogy, an office use is a compatible use in RO zoning which provides for a mix of business and residential uses. We will continue to review the site plan with the Planning Board to mitigate any minimal impacts. 2. The residence is a single family dwelling and it is occupied by my client's employee and their family. The existing house remains a single family dwelling. Thank you for your courtesy. very~ yours, Mool PI~fi'qNING BOARD MEMBERS MARTIN H. SI1)OR Chair WILLIAM J. CREMERS KENNI",TH L EDWARDS JAMES t~i. RICH Ill DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 S~uthold, 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 TO: MEMORANDUM Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals BOARD OF APPEALS From: Date: Re: Martin H. Sidor, Chair .,'~ ,. Members of the Planning Board August 12, 2011 RECEIVED AUG 1 5 BOARD OF APPEALs Request for Comments for D & L Cifarelli (aka Crystal Clear Windows) SCTM#1000-109-7-9.3 ZBA# 6488 The Planning Board has reviewed the requested variances and generally has no objection to them if the proposed uses are adequately addressed so that adjacent and nearby residences will be protected from excess noise, light and visual intrusion. The subject parcel is zoned Limited Business (LB), as is the parcel to the south, and the proposed use appears to be consistent with the Town code and generally with the Town's Comprehensive Plan. The other adjacent parcels, however, are zoned residential, and the proposed use has the potential to have an adverse impact to that residential neighborhood. Impacts are likely because the parcel is a quarter of the minimum lot size required in the LB zoning district (20,000+/- s.f. vs. 80,000 s.f. required). The small parcel size together with the two uses (single-family dwelling and contractor's yard) also contribute to the likelihood of impacts to the adjacent residences. These impacts can likely be mitigated by a site plan that addresses issues such as noise, light and visual intrusion. The other concern that has arisen during our preliminary review of this site is the use of the dwelling. The Planning Board will be asking for verification from the applicant regarding the number of people that will be living in the dwelling. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cDr. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 August 9,2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RECEirVED AUG 1 5 20~ BOARD OF APPEALs Re: Site Plan for Cifarelli Crystal Clear Cleaning Corp. 1,300' +/- South of NYS Route 25 & New Suffolk Road, Cutchogue SCTM#1000-122-3-9.3 Dear Ms. Moore: I am writing as a follow-up to the Work Session held on August 8, 2011 where the Planning Board formally accepted the above-referenced site plan for review. The Planning Board, its Staff, Town departments and relevant agencies will provide additional comments following full review. Please, if you have any questions regarding this site plan or its process, do not hesitate to call this office. Very truly yours, Brian A. Cummings Planner BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard R Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First b]oor, 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 4, 2011 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, AUGUST 4, 20tt: 10:15 AM - LISA AND DAVID CIFARELLI #6488 - Request for Variances from Article XXlll Code Section 280-122 and the Building Inspector's May 10, 2011 Notice of Disapproval based on a building permit application for additions and alterations to a nonconforming building at: 1) less than the code required front yard setback of 100 feet, 2) less than the code required side yard setback of 20 feet, 3) less than the code required rear yard setback of 75 feet, located at; 1335 New Suffolk Road Cutchogue, NY. SCTM# 1000-109-7- 9.3 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 emaih Vicki.Toth~'~,Town. South old.ny.us. Dated: July 8, 2011 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 ~#10332 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott 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 28th day of July, 2011. Sworn to before me this LEGAL NOTICES LEGAL NOTIC~ SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY AUGUST 4, 2011 PUBI~C HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Cheptcr 280 (Zoning),Town of Southuid, the following public hear- mfs will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on ~I. IRSDA¥ AU. IT,-[!ST 4. 2011, · ~.~AM; DRBORAH PENNE~ 46484 - Request for Variance from Code Article XXII Section 280-116 and 280- 12,; and the Building Inspector's Sune 3, 2011 Not~ce of Disapproval based on an application for building permit for family dwelling at: 1) less than the code required setback of 75 feet from a bulk. head, 2) less than the code required front yard setback of 35 feet, located at: 160 Sailors Needle Road, [adb to Jones Creek) Mattituck, NY. SCTM#1000.I44- 5-26 10:J~ AM . LISA AND DAVID ~ - Request for Vari- ances from Article XXIII Code Section 280-122 and the Building Inspector's May 10, 2011 N~fice of Disapproval based on a building permit application for additions and alterations to a. non- conforming building at: 1) less than the code required front yard setback of I00 feet 2) less than the code required side yard setback of 20 feet, 3) less than the code required rear yard setback of 75 feet, located at; 1335 New Suffolk Road Cutehogue, NY. SCTM# 1000-109-7-9.3 ~_~3_ 0 AM . M~CHAEL E. KND ISDNA BE/RNE #~.,~,: _ Request for Variance from Article XXIII Code Sec- tion 280-124 arid Article III Section 280- 15 and the Building Inspector's June I, 2011 Notice of Disapproval based im an application for building permit to con- sit'dot ~. declc and shower addition and accessory §~gg~.addition/ai eration ar I'~ front and rear yard~back of less than the code required 35 feet. 2/side yard setback of more than the code required 10 feet. 3) lot cOverage of more than the code required 20% for the deck/shower addition and 4) rear and side yard set- backs for accessory buildings at more tha~ the cOde f,e~;~l 3 feet, located at: 55 Fay ~our~ (~dj.'to Right of Way) Matt~tuck, NY. SCTM#1000-123.5.17 10'.50 AM. PETER AND CHERYL ~~- Applicant re- ]~[~C tDANI~I BlYrYAFUOCOi quest a Specie/Exception under Section ~ - Request for Variances from Ar- ~ 280.13B(14).The Applicant is the owner ticle XX!I Code Section 280-116 and Ar- requesting authorization to estabils~ an ticle III Section 280-14 and the Bu ding Inspector's February 25, 2011 updated June 9, 2011 Notice of Disapproval based on an application tot building permit for reconstructio~ of an existing dwelling with third story addition at: 1) less than the code required setback of 75 feet from a bulkhead, 2) more than the ~ode required number of stories ol 21/2, located at: 1165 Kimberiy Lane ( adj. to Southuid Bay) Southold. NY. SCTM#1000-70-13.20.7 Accessory Bed and 'Breakfast. acces- sory and incldemai to the residential occupancy in this single-family dwelling, with four (4) bedrooms for lodging and serving of breakfast to the B&B casuak transient roomem Location of Prep- eny: 2500 Peixmic Lane Pecomc. NY S C"UM~I 0~-74.3.~ tP~:~a~a~..~i~,',. ~S~ · ting ce space to operate a nurs- ery school at: 44600 County Road 48. Southold, N~ SCTM#100{L63.1.23 day of Principal Clerk 2011. g P s May27~2011 Notice ot DiSapproval based os an application for I~llding permit to recoasm~otioa aa accessory ~aragn at: 1) le~than the code required front yard setback of 35 fcet, 2) less than the COde require~ Side yard cet- back of 20 Feet. 3) more than the code re~[mred maximum bei~h~ nf~2 feet locMed at: 950 Oak Sti-eet t~/'to ~a~t Creek, aka Eugene's Creek) Cotchogne, NY. SCTM~I~0.136.1.37 ances [rom Code Section 280-70J and the Building Inspector's September 30, 2010. amended October 12. 2010, updated June 10, 2011 Notice of Disap- proval based on an application for build- ing permit to upgrade and mmntain a wireless telecommunication facility with equipment: 1) tower exceeding the code required maximum height of 45 feet, 2) antenna not mounted on the interior per code requirement. 3) less than the code requited minimum distance to ad- jacent residential property line of 500 feet; located at: 69685 Route 25 (Main Rd) and Chapel La., Oreenpor~, NY SCTM#1000.45.1.14.1. Zone LB. CNRISTINA VOl. NOTARY PUBLIC-STf" EW YORK NO, 01. ~,4s~_. Req~ f~ Va~ ~m ~ County' · omary 28, 2012 ~m~n~..Can7o~r Heagn~s~ continued ir,,,,. gs and pending additi~ Adjourned from PUblic Hearing .Iu~e 2, 2011: 1:00 PM - BLACKLEy #6498 Code Se~ction 280-124 and the Building InspeCtor's May 16, 2011 Notice of-Dis- approval based on an application tot building permit to construct additions to a single family dwelling at I) side yard setback of less than the Co~e required 15 feet, located at; 2195 Ruth Road, Mattitucl:,N~ SCTM#1000-106.7.5 R~ #6457. equest/or Variance from A'rt. X, Code Section 280-46 [Btdk SCbeduie) and the Building Inspector's February 16, 2011 Notice of Disapproval be~ed on an ap- pilcatlon tot building permit to construct a new building on a lot with an existing building ~ti 1) less than the required lot size of 40,000 so fr for ,,.,~ ~-.-',~ th,four (4) uses, 2) less than the co~e~ ...... ~ at. 005 P~e St., aka Rail- road Ave., Matiltuck, NY. SCTM#1000_ 140-2-20. Zone I-lB T~e Eoard of Appeals will bear all persons or their representatives, desk- mg go be heard at eae~ heating, and/or desLring to submit written statements before the conclusinn of each hearing. Each ' beanng will not start earlier than designated above· Files are available for review d~lring reg~ar business hours and prior to the day of the hearin£. If you have questions, please contact ~OUr office at, (631) 765-1809, or by email Dated: Suly~ ZONING BOARD OF APPEALS · LESLIE 1~ WEISMAN, CHAIR. PERSON BY: Vtcld Toth 54375 ~ Road (Offic~ Location) P-O. Bo~ 1179 $ontfioId, NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: Cifarelli, D. & L. # 6488 SCTM #: 1000-109-7-9.3 VARIANCE: SETBACKS REQUEST: ADD/ALTS. TO NON-CONFORMING BUILDING DATE: THURS., AUG. 4, 2011 10:15 AM BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 If you are interested in this. project, you may review the file(s) prior to the hearing during normal bus,ness days between 8 AM and 3 PM. ZONING 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 8, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, August 4, 2011 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before July 18th: 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 al_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 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 mailing 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 during the hearing, providing the returned letter to us as soon as possible; AND not later than July 25th: 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 July 27st: 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 Posting for receipt by our office before August 2, 2011. 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. ZONING BOARD Of APPEALS TOWN Of SOUTHOLD: NEW YORK In the Matter of the Application of LISA & DAVID CIFARELLt (Name of Applicant) SCTM Parcel #1000-109-7-9.3 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS JUL 2 0 2011 E~OAftD OF APPEALS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the/ day of July, 2011, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office ., for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this "~O day of July, 2011 ( (Notary Public) K~ MARGARET C. RUTKOWS Notary Public, State of New York No. 4982528 Qualified in Suffolk C~o~nty<~LOl Commission Expires June , 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. FRANCES B. HORTON PO BOX 505 CUTCHOGUE NY 11935 SCTM: 1000-109-6-10 WILLIAM LUKERT JR JEANETTE MICELI PO BOX 1040 CUTCHOGUE NY 11935 SCTM: 1000-109-6-11 CIFARELLI NEIGBHOR LIST 1000-109-7-9.3 DONALD DALY ELIZABETH MCGRATH 1285 NEW SUFFOLK ROAD CUTCHOGUE NY 11935 SCTM: 1000-109-7-7.2 WALTER TERESKO PO BOX 963 CUTCHOGUE NY 11935 SCTM: 1000-109-109-7-7.3 WILLIAM M. BEEBE 1407 MIDDLE ROAD #256 CALVERTON NY 11933 SCTM: 1000-109-7-10.4 JOHN L. WICKHAM ORS WICKHAM 11752 HARTFORD ROAD GLENARM MD 21057 SCTM: 1000-109-7-10.5 RECEIPT 7192 6463 3110 0000 9556 FROM: Moore Law Office RE CIFARELLI ZBA HEARING RECEIPT ? 192 6463 3110 0000 9549 FROM: Moore Law Office RE C~FARELLI ZBA HEARING WILLIAM LUKE TgR , e(~ BOX 1049 ]~,~1 ~T.~*HOGUENY 1193~ / FEES: ' .~ Postage 0 ~ CeAified Fee 2 85 Return Receipt 2 30 Restricted TOTAL $ 5.59 PQSTMARK OR DATE RECEIPT 7192 6463 3110 0000 9563 FROM: Moore Law Office · RE: C!FAR~Lt:! ZBA HEARING /(~r~ D TO: ~ '1'I W1LLIAM M BEEBE I Postage 0 Certified Fee 2 85 Return Receipt 230 TOTAL $ 5.59 Dr~TMARK OR DATE RECEIPT 7192 6463 3110 0000 9570 FROM: F ,~ 4 TOTAL $ 5.59 POSTMARK OR DATE RECEIPT 7192 6463 3110 0000 9594 FROM: Moore Law Office RE CIFARELLI ZBA HEARING ~E,~D TO~:: '~"UOHNL ' CKHAM '~;t~4:ENARIV~M~ D 210¢7 / FE~://~D,} ¢/ RECEIPT 7192 6463 3110 0000 9587 FROM: Moore Law Office RE CIFARELLI ZBA HEARING TOTAL $ 5.59 POSTMARK OR DATE MOORE LAW OFF"'E 51020 MAIN Ri6~gm SOUTHOLD NY 3 71 Received By; Date of Deliveq/ 14.Restricte~ oe Y? la~'$e~ice Type (Extra Fee) D~$ CERTIFIED 2. Article Number 7192 6463 3110 0000 9587 7192 6463 3110 0000 9587 1. Article Addressed To: WALTER TERESKO PO BOX 963 CUTCHOGUE NY 11935 MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restricted Dehvery? 3. Service Type tra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0000 9549 7192 6463 3110 0000 9549 t. Article Addressed To: WILLIAM LUKERT JR JEANETTE MICELI PO BOX 1040 CUTCHOGUE NY 11935 MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 (Please Print C/early) Date of Delivery 'sAddress 4, Restricted Delivery'~ 3. Service Type (Extra Fee) [] Yes CERTIFIED 2. Arhc]e Number 7192 6463 3110 0000 9556 7192 6463 3110 0000 9556 Article Addressed To: FRANCES B. HORTON PO BOX 505 CUTCHOGUE NY 11935 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of LISA & DAVID CIFARELLI AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-109-7-9.3 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Lisa Cifarelli residing at 1335 New Suffolk Road, Cutchogue New York being duly sworn, depose and say that: On the 25th day of July, 2011, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the 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 seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, August 4, 2011. -- Sworn to before me this c:~9 day of _~1~-, 20.11 Notary Public, 8tare of New No, 01PE6130638 Qualified in Suffolk Courlt~/~ I .~. Commission Expires July 18, ~ *near the entrance or driveway entrance of the property, as the area most visible to passersby. 51020 SOUTHOLD NY 11971 MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restricted DollyI *3. Service Type CERTIFIED (Extra Fee) [] ~ 2. Article Number 7192.6463 3110 0000 9570 7192 6463 3110 0000 9570 t. Article Addressed To: DONALD DALY ELIZABETH MCGRATH 1285 NEW SUFFOLK ROAD CUTCHOGUE NY 11935 7192 6463 3110 0000 9563 1. Article Addressed To: WILLIAM M. BEEBE 1407 MIDDLE ROAD #256 CALVERTON NY 11933 MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 Secondary Address I Suite I Apt I Floor (Please pHnt Clearty) Delivery Address City State ZIP + 4 Code 7192 6463 3110 0000 9594 t. Article Addressed To: JOHN [~ WICKHAM ORS WICKHAM 11752 HARTFORD ROAD GLENARM MD 21057 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MEMO TO: FROM: DATE: Tel. (631) 765-1809 Planning Board Leslie K. Weisman, ZBA Chairpemon June 27, 2011 Fax (631) 765-9064 JUN 28 2~ l~ SUBJECT: Request for Comments ZBA # 6488 CIFARELLI, D. & L. 1000-109.-7-9.3 As confirmed with your office, the ZBA is reviewing the following application. Enclosed are copies of the Building Department's Notice of Disapproval, ZBA application, and current map on file. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. NAME TAX # ZBA # Code Variance Date of PREPARER ZONE DIST Section Stamped OF SURVEY Survey Cifarelli, D. & L.1000-10.-7- 6488 Article Setbacks Dec. 13, John C. Ehlers 9.3 XXIII, 2010 & Section June 14, 280-122 & 2011 Article Section 280-127 Your comments are requested within 30 days of this letter. If desired, the file is available for review of additional documentation. Thank you. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 USPS Mailing Address: 53095 Main Road PO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 June 27, 2011 Mr. Thomaslsles, Dire~or Suffolk County Departmentof 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 # 6488 Owner/Applicant ' CIFARELLI, D. & L. Action Requested: Additions and alterations to a non-conforming building. Within 500 feet of: ( ) 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. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 July 7, 2011 r' RECEIVED Planning Board Town of Southold JUL ~ Main Road ?© Bo× 117~ Southold NY 11971BOARD OF APPI=ALS hand delivered Re:Cifarelli Premises: 1335 New Suffolk Road, Cutchogue Dear Chairman Sidor and Board members: With reference to above, enclosed please find the following 2. 3. 4. disclosure, Agricultural Data Statement, form Client's business check for the filing fee +-o ~.%[~- Application together with authorization Affidavit, Long EAF & recent photos A copy of the ZBA application which includes the Transaction Town Property Card, and LWRP 5. Survey 6 Site plan with the revisions requested at the pre-submission conference We would respectfully request that this matter be placed on your earliest calendar. We would like to run the Town applications concurrently. Crystal Clear Cleaning Corp. is an existing business located in the Town of Southold and the lease for their current location is expiring. Your courtesies would be greatly appreciated in this matter. Thank you and please do not hesitate to call should you have any questions. PCM/bp encls. Very truly .yours, Patricia C. Moore BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 August 19, 2011 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA File#6488 - Cifarelli Dear Ms. Moore: Transmitted for your records is a copy of the Board's August 18, 2011 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely,/'~ , Vicki Toth Encl. Cc: Building Dept. NEW~P~MED P-OOP ~JUN 1 ? 2011 5 JUL UUL JUL IlL JU~ ~L ~ ~..~.oo~.,.~.~ ~...o~...~.~ JULJUL JULIlL JL]~_ JL ~-~ TF qF]7 TF ~7 qlq qF= '" ~~ % -.... .OO.O..N~, N~ FINAL MAP ~ ~ .~..~,.¢ ~N~. ~EVIEWED BY ZBA,~ ~ P~OPOSED 5OUTH ELEVATION SEE DEC ~lOH ¢ ~ ¢~- ~ ~ SCALE: ~"= I'-0" d- Z~ ........ , --- , EXISTING 50UTH ELEVATION [ I ~CALE: ~"= ILO'' JLIL JLIL _JL ItECEWED ,' "' .4. : ~ ., .~. .' , , ,.: ,.. : ' , ,, ' . ,, ': ,, ' , . ,," .' ' ," :" , . "' . '~ .. - ~. .. ' ., . . -, . ~ '-, " .. . .. ' .... , .. ' . ,. ,. ' . ..~ .. . . , , . ,, , .. ~ ., , ' . .. . ~' '~ . . .," , ' . .." ,, ' . .. . , .' ~ - , '" . . '; . ." : "' . .," : :' FINAL MAP ' ' ..... REVIEWED BY · ' ' ' '~' ' " ' " ' " ' .... ' '" ' "' SEE DECISION . .., ,...., ,''., .-',,,* . NORTH ELEVATION SCALE: ¼"= ILO" 5TO~GE UNDER. ENTRY DRICR FLOOR OVER EXISTING 5LAD MAIN FLOOR- 5GALE:4 l,, = J'-O" J REMOVE EXISTING 5TAIRTO LOFT: FI~,M~ IN FLOOR AREA ¢ CL05¢ OPENING DqSTING COLUMN TO REMAIN; ¢ FINISH CWFICAL ALL) F~ISTING 6"× G" DROEEED GIP~DER TO REMAIN; L~AVE EXPODED OFFICE 5PACE ~XISTIN G CONCRETE PROPOSED , BATHROOM~ I WOP. r-,SHOP RECEIVED JUN li 7 2011 BOARD OF APPEAI~ FII~ST FLOOR WALL LEGEND: ~IDTING WALL TO DE REMOVED 7/'///// ~D~IT 51GN WITH EMERGENCY HGHT EMERGENCY LIGHT FINAL MAP REVIEWED BY ZBA SEE OEC~S~ON # DATED BI PAGE: 3 I I PRIVATE OFFICE PRIVATE OFFICE CONFERENCE ROOM D'-O" CEILING HEIGHTI ~ j S'-O" CEILING HEIGHT D' O" CEILING HEIGHT I 5ECOND FLOOP-. - PI~OPODED J" = I ' O" SCALE: ~ RECEIVED JUN 1 ~OARD OF APPEAL~ DECOND FLOOR WALL L~GEND; NEW 2x4 STUD FRAME WALL; R- I 5 INDULATION, ~" CDX pLYWOOD ir[~- EXIT 51GN WITH EMEI~GENCY LIGHT EMERGENCY LfGHT IilNAL MAP EVIEWED BY Z.B~/ EE DECISION LDATED-?~ I~-- I~ 1 Z ~d~ PAGE: 4 WOR. IC~HOP II [ALLy COLUMN GARAGE OFFIC~ MAIN FLOOE - A5 EXISTING SCALE: 4L": iLO'' LOFT LINE O~ 7LG'' CEILING HEIGHT SECOND FLOOR - A5 EXISTING SCALE: ¼"= ILO'' REGE~VED BOARD OF APPEAgB MAP WED BY ZBA ~ 5 ,.3 O NOTE: z NOTICE AI~ COUNTY OF SUFFOLK (]~) K~ ..... ......... *".~..~,~ SOUTHOLD SECTION NO ~.,,"~.m,~,E.,,~S,L~ o, ~Re~ Property Tax Service Agency [ ~ ~, ~ ,,,~ ,~T~. ~ ~ ,~ ~ ? ,~ ~ ~ ~ 1000 Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. SlDOR 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 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED To: Leslie Weisman, Chairperson Zoning Board of Appeals BOARD OF APPEALS CC' From: Town Attorney Donald Wilcenski, Chairman Members of the Planning Board Date: February 15, 2012 Re: Crystal Clear Cleaning Corp. SCTM#1000-109-7-9.3 The Planning Board is reviewing the site plan application on the property referenced above. During the course of the public hearing, an issue was raised that remains unclear and may require an interpretation of §280-121(D), to insure consistent treatment of similar applications for development of other parcels in the Town. The Planning Board is hopeful that the ZBA can expeditiously review and resolve this issue. By way of background, this issue was presented to the Planning Board in the form of a letter from an adjacent homeowner asking why two principal uses are allowed on a parcel that is only a quarter of the minimum lot size required (the lot is approx. 20,000 sq. ft. in the LB Zone). The two uses proposed are a single-family dwelling and an office building/parking lot to serve as a headquarters/dispatch center, and overnight parking for a cleaning service's fleet of 5-10 vans. The Planning Board is questioning whether, under these circumstances, two principal uses can be allowed on an undersized lot in the LB Zone (which requires 40,000 sq. ft. per lot) pursuant to §280-42(A). If so, how does this interplay (if at all) with the non-conforming use/building sections of the Town Code in Article XXIII. The Planning Board would like to know which section of Article XXIII applies, if any, to this property going forward. Obviously, the Town-wide implications of this interpretation would include the zoning status of any property where there are two principal uses on an undersized lot. We respectfully request your opinion and supporting reasoning on the above circumstances in writing for the Planning Board's official record. Thank you for your attention to this matter. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. 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 t 1971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MEMORANDUM TO: FROM: Date: RE: Donald Wilcenski, Chairman Planning Board r~ / ~'~'' Leslie Kanes Weisman, Chairperson / - ,, ~ I.,--v', . Members of the Zoning Board of Appe~/___~(~t~ (~' June 22, 2012 Crystal Clear Cleaning Corporation (Cifarelli) ZBA File Ct: 6488 On February 15, 2012, the Planning Board requested that the Zoning Board of Appeals ("ZBA") examine the two uses (the residential use and the office use) on the subject properly in the above referenced application. To properly address this issue the Zoning Board of Appeals conducted a full review of all Town files regarding the property and re- opened the public hearing to enter this research into the record and to obtain testimony of interested parties. Initially1 when the Zoning Board of Appeals heard this application on August 2, 2011, it reviewed requests for three area variances to permit remodeling and raising the second floor ceiling height and roof ridge of the subject accessory building (presently housing the four bay garage and office). The proposed variance relief maintained the pre- existing non-conforming front, rear, and side yard setbacks and all construction was to take place within the existing footprint. When this application was presented to the ZBA the following representations were made by the applicant: 1. That the accessory building was utilized by Beebe Builders as office space prior to the Cifarelli's ownership (August 4, 2011 transcript p. 86, lines 7-8); 2. The proposed use of the accessory building was to house the office of a cleaning business known as Crystal Clear Window Cleaning (p. 86, lines 15- la); 3. That the office would be utilized daily by four employees (Mr. and Mrs. Cifarelli and two other office staff) and that all other employees would be out in the field (p. 86, lines 18-23); 4. That it was virtually unnecessary for clients to visit the office building, as most of the business is done by phone and off-site (p. 86, lines 18-23); 5. That there was a single-family residence on the property that would be utilized by an employee of the business and his/her family, but that no other changes were to be made to the residence (p, 87 lines 16-20); 6. That the site would require a total of 7 parking spaces (p. 92, lines 22-24), to be shared by the employees of the business operation and the occupants of the dwelling at different times throughout a 24 hour period. An average of six company vehicles would be parked overnight and would leave the site in the morning (6-7am) and return between 4 and 7 pm at night (p. 93, lines 15-22). Two parking spaces would be utilized for the residential use (p. 94, lines 2-3); and 7. This site would act as a secondary, satellite office and that the majority of the business takes place in the Southampton office (p. 93, lines 23-25). Based upon these representations, the Board determined to grant the area variances for the second story expansion of the accessory building. The August 18, 2011 determination and the record before the Board included a review of the change of the office use on this property, and the Board indirectly concluded that the change from Beebe Builders office use to the Cifarelli office use was not an issue, in light of the representations made by the applicant and the fact that there was a pre-existing certificate of occupancy for the office use on the site. The ZBA reserves the right to review any other changes to the use of the accessory building beyond what was represented by the applicant in the 2011 variance proceeding. The ZBA also discovered that a second certificate of occupancy was issued to the single family residence in 1997. While the Board believes that there may have been an error regarding the certificate of occupancy issued to the single family residence on this site, the Board is unwilling to disturb a certificate of occupancy that has been in effect for fifteen years, where a property owner has made a significant investment on improvements to the structure and the present owner purchased the property in reliance upon the existence of this certificate of occupancy. However, any change or intensification of the use or the size of the residential structure will require additional review and relief from the ZBA. Therefore, the ZBA, after holding an additional public hearing, does not feel that it is necessary to require any additional review or approval by the ZBA in connection with the subject property. Should you require any additional information or have any questions, p~ease contact the Chairperson, Leslie Weisman. Crystal Clear (Beebe) Timeline 1. Obtained full assessor card with photo's dated approximately 1/1962. The card indicates a structure with a guest room and garage, along with 50X24 garage. 2. March 29t 1962 - building dept. issued a permit for removal of a portion of Beebe's building which was a shop/office (B. Tuthills) to the west side of New Suffolk Rd., (Tuthill's property) and convert to a dwelling. The portion of the building left on Beebe's property as noted on the assessors card was a "guest room/garage". This supported by the minutes of the 7/24/96 ZBA Public hearing, wherein Beebe stated that he had moved his shop years ago and was constructing an addition onto the existing foundation. 3. December It 1966 - Beebe applies for a special exception for a business ground sign. It was granted and the ZBA noted in the decision that the business was in existence prior to zoning. December 5t 1978 - Beebe applies for a pre-CO and indicates on the application that the parcel is a "Business lot". The inspection report notes two structures on the property as follows: a. Office and one car garage (cement block foundation with a partial cellar/ oil fired heat and full bathroom) b. Accessory structure (four car with storage upstairs) cement block. Other notation on the report is "this building is used for storage of building materials and equipment used in contracting business" 5. January 4t 1979 - Southold building dept. issues a pre-CO #Z9374 for an "Office building & one car garage &accessory structure" for the parcel. September It 1982 - Beebe applies for and receives a building permit (11886Z) to close in garage door and install new windows. Within the file it is noted that amended plans are required for an addition. An 8X13 addition was added and the floor plan reveals two bedrooms, kitchen and bathroom. Bathroom was existing. A CO was issued on February 15, 1989; addition was not noted on the CO. 7. June 20~ 1996 - Building dept. issued a notice of disapproval to construct an addition to a dwelling, lots held in common ownership need waiver of merger. ZBA hearing#4395, granted the waiver of merger. The ZBA decision notes that each lot is improved with "single family dwellings" and separate water and septic systems, and "no increase in density with the lot waiver since the property has been improved with a single family dwelling constructed prior to 1970". June 17, 1996 permit issued for an addition to an existing single family dwelling. As noted in the transcript the addition was constructed on the existing foundation (see #2 above). The dwelling is now four bedrooms. CO issued 11/12/97 for addition to existing one family dwelling as applied for. · Pc Bath Dinette M. Bldg. ~,~...C"-~ ~ ?~" ~.~:~"'- Z..~,/~7/ Foundation cB Extens'°n / ~ ~~- K~ g, ~ /~-~- Basement Extension /~ ~O ~ 5~O ~, ~ /~O Ext. Walls Interior Finish L.R Extension Fire Place Patio Woodstove BR. Porch ~ /~/~ ~ /ZO ,~0 ~0 Dormer Fin, B. Deck Attic Breezeway Rooms 1st Floor ~ff~) Driveway Rooms 2nd Floor ~/~a r age. ~ ~ Pooh .-- 800 .~/ OWNER ] '7' ~TOWI~ OF SOUTHOLD I~OPERTY /~? FORMER OWNER RECORD CARD DISTRICT SUB. ACREAGE TYPE Of BUILDING LOT LAND SEAS. IMP. VL FARM TOTAL DATE ~ 6 /£ 6 o / ? e dy Form Tillable l Tillable 2 Tillable 3 Woodland Swampland Brushland Acre House Plot Total s-/z o BUILDING CON DbTIOI --~ ~ · /,~T/ Value Per Acre Value FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK M. Bldg. J Extension I Extension Extension Foundation Basement Bath Floors Ext. Walls interior Finish Fire Place Heat Porch Roof Type Porch Rooms Ist Floor Breezeway Rooms 2nd Floor Garage ,P/atio Driveway Dormer TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE $OUTHOLD, N. Y. 'T BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N.o 1682 Z Date ........................ J~l~b ...... 29. ......... I~.... Permission is hereby granted to: ~N~-..B,~II~ ....................................................... .......... Cu.t oho~,a~ ............................................... to .l~Ve.. ~,. exl.,~ t.ln~. ,l~[.l~lit~g...~l.. ~onw~F.t...~o.. d~tt. lr~ ..................................... at premises ]ocoted ot ...~V..~t~.~.(~t~:...l~.Ii~ ................................................................................... ..................................................... (}~eho~m~i.....!~-..t~'~ ..................................................................... pursuant to applicotion doted ..................................... 1~.1~..~9. ............ 19~...~ and opproved by the Building Inspector Fee $..'1.0,...13d ........ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE $OUTHOLD, N. Y. Examined ........ . .~..~.'..~....~.'..OC~ .~..., l~..r..,~..' Approved ........ ~.~..~...~..., 19.~°ermit No .......... -.~.~..~. ~..~- Disapproved a/c ......... . ..................... ~ ................. ~d~ Application No...../.~..?~ ........ APPLICATION FOR BUILDING PERMIT Date ........................ M. ~:K g.l~,...,.. ~.9 ......... 19,~.~ ........... INSTRUCTIONS o. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drown on the diagram which is part of this application. 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 permit shall be kept on the premises available for inspection throughout the progress of the work. e No building shall be occupied or used in whole or in pa rt for any purpose whatever until o Certificate of Occupancy shall have been granted by the Building inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of o Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other oppficable 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 and regulations. William M. Beebe (Signature of applicant, or name, if a corporation) .............. g.~,.c b,~g~e ................................................. ' ............ (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. .................................. QW~ ...................................................................................................................................... Name of owner of premises .....~ll~,.~..l'i....B.~e~e ....................................................................................................... If applicant is a corporate, signature of duly authorized officer. (Name and tltle of corporate officer) 1. Location of land on which proposed work will be done. Map No: ........ ~ .......................... Lot No: ..;~T~ .......... Street and Number .....~J..e.~...~..~.;('.q~..~.....g.V,~g.~J~qj~.g.e .............................................................................. Municipality 2 State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ....~{~.¢.FiD,~...].f~d ................................................................................................... b. Intended use and occupancy ......O.~....~.~.~.~.~...~.]~g .............................................................................. 3. Nature of work (check which applicable): New Building .................. Addition .................. Alteration .................. Repair .................... Removal .................... Demolition .................... Other Work (Describe) 4. Estimated Cost .....~.s-0.(~0...~/.[~ ................................. Fee ...'10. ................................................................................. (to be paid on filing this application) 5 If dwelling, number of dwelling units ...~ .................... Number of dwelling units on each floor ............................ If garage, number of cars ............................ Oz/e .......................................................................................................... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ................................ 7. Dimensions of existing structures, if any: Front .......................... Rear .......................... Depth .............................. Height ............................ Number of Stories ............................................................................................................. Dimensions of same structure with alterations or additions; Front ................................ Rear ................................ Depth ............................ Height ................................ Number of Stories ........................................ 8. Dimensions of entire new construction: Front....,..~.'L.~..-.],!.~ ........... Rear .....6~..[.-..'[].1 ......... Depth ....... ~.~ ................ Height ............................ Number of Stories...q~ ........................ 9. Size of Jot: Front .......... '102 .............. Rear .....'1~0 ................ Depth ...... ~0. .......................... l0 Dote of Purchase ...... ],~,~'.~ ........................................ Name of Former Owner ...... ~[~...(~a.$.e ................................. 1J. Zone or use district in which premises ore sltuated....[!~-!l.,,~:L£.~, ......................................................... ~ ................ J2, Does proposed construction violate any zoning law, ordinance or regulation? ......... 110 ........................................ 13. Name of Owner of premises .....~tn.]3~.et:e ................ Address ............................................ Phone No ..................... Name of Architect ........................ [t ............................ Address ............................................ Phone No ..................... Name of Contractor ................. ~l. ................................. Address ............................................ Phone No ..................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-bock dimensions from property lines. Give street and block numbers or description according to deed, and show street names and indicate whether interior or comer lot. STATE OF NEW YORK, COUNTY OF ..~£.Q1A ........ ) SS. ................................................................................................. being duly sworn, deposes and says that he is the applicant (Nome of individual signing ~pplication) above named He is the ...... Q~. ....................................................................................................................................... (Contractor, agent, corporate off~cer, etc.) of s~id owner or owners, and is duly authoriz~ to perform or have performed the said work and to make and file this ~plicotion; that ail statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner ~ fo~h in the application fiJed therewith. Sworn to before me th s Notory Publ ....................... '[ ........................... ~~''18~ ' ........" "'"*'""""' .... Wi/Yom SURVEY FOR WILLIAM M. BEEBE AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N?W YORK FORM NO. 4 TOWN OF SOD~HOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY NO: Z- 1438 Date: 12/21/10 THIS C~'rIFIBS that the building MOVE DWELLING Location of Property: 1335 NEW SUFFOLK RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Ta~ap NO. 473889 Section 109 Block 7 Lot 9.3 Su]~division Filed]4ap No. -- Lot No. conforms substantially to the Application for Building Permit heretofore filed in t~is office dated Fn~RCH 29, 1962 pur~,a~t to m~*ich Buildiz~ Petit No. 1682-Z dated MARCH 29~ 1962 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is MOVE AN EXISTING BUILDING AND CONVERT TO DWELLING THIS IS A DUPLICATE OF AN ORIGINAL C.O. ISSUED 03/62 The certificate is issued go WILLIAM M BEEBE (OWNER) of the aforesaid building. N/A N/A N/A Rev. 1/81 Page 15 - Transm.ipt of tiearings Regular Meeting of July 24~ 1996 Southold Town Board of Appeals CHAIRMAN: I guess we'll start with Mr. Doyen. MEMBER DOYEN: No questions. CHAIRMAN: Mrs. Totters. MEMBER TORTORA: No, I'll wait. CHAIRMAN: OK, Mr. Villa. MEMBER VILLA: Well basically, what triggered this is that you were trying to put an addition on the house. MR. WILLIAM BEEBE: Yes, right right. And that's when I found out. The Building Department doesn't even know lt. They had a bill all made out for me, and then they went across to tile Assessor's. SECRETARY LINDA KOWALSKI: Yes. He had separate pre CO, and separate everything on it. MEMBER VILLA: This additions are on the side of the house, or you said, are on the front of the house. MR. WILLIAM BEEBE: Well ( ) on the front of the house, yes. MEMBER VILLA: We don't have a sketch that shows that. MEMBER TORTORA: Isn't that it? Is this it, the proposed additions. SECRETARY LINDA KOWALSKI: The addition is out of our jurisdiction, so we don't ask for it when it's filed. MR. WILLIAM BEEBE: It goes this way. There's a foundation there, I used to have a shop fo~. I plan on using that same foundation. CIIAIRMAN: Oh, I see. MR. WILLIAM BEEBE: I moved the shop off years ago. CIIAIRMAN: OK MEMBER VILLA: So how far are you coming out. MR. WILLIAM BEEBE: 34 feet. MEMBER VILLA: So basically, you're going to be doubling the size of that house~ or more. MR. WILLIAM BEEBE: On the length of it yes. Page 16 - Transcript ct' llearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals CHAIRMAN: ( ). MR. WILLIAM BEEBE: CIIAIRMAN: Yes, ok. OK Right, right. Back to Mrs. Tortora. MEMBER TORTORA: No, I didn't check this with the Suffolk County Real Property Tax Map, and both are indicated as single separate lots. MR. WILL1AM BEEBE: Yes, about 50 years. SECRETARY LINDA KOWALSKI: Well, when you say single and separate, how do you mean? They're showing as separate lot. CHAIRMAN: They're showing as separate, right. MR. WILLIAM BEEBE: You still get two tax bills. CIiAIRMAN: Sure, yes. MEMBER TORTORA: They're two separate deeds. Separate deeds with descriptions on each lot. MR. WILLIAM BEEBE: Right, right. CHAIRMAN: OK, while you're standing there, Is there anybody in the audience that would be like to speak either in favor or against this application? Seeing no hands, I'll offer this as a resolutien to grant this as applied for. All in favor, aye. Page 14 - Transcript of Hearings Regular Meeting of July 24, 1996 Soutlxold Town Board of Appeals CHAIRMAN: No MEMBER TORTORA: Let's recess it, and reserve decision. SECRETARY LINDA KOWALSKI: Close the hearing and then --. CttAIRMAN: You want to wait around and we'll work it out as soon as we're done. MR. GIOIA: Ok Sir SECRETARY LINDA KOWALSKI: It won't be that long probably. MR. GIOIA: All right. CtiAIRMAN: OK, I'll make a motion recessing the hearing. SECRETARY LINDA KOWALSKI: No closing. CttAIRMAN: Closing the hearing and recessing it until later. MEMBER TORTORA: Second CIIAIRMAN: All in favor Aye. 7:42 p.m. Appl. No. 4395 - WILLIAM BEEBE. Request for a Waiver under Article 11, Section 100-26 of the Zoning Code, based upon a disapproval issued under Seetien 100-25A, wlzieh was determined te be merged with an adjoining improved parcel identified as 1000-109-7-10.4 although each tot was created by separate deed prior to 1971. CIIAIRMAN: I have a copy of surveys on both parcels produced by Young & Young, January 4, 1983, which is lot, same lot. Same lot, different house, different buildings on the property. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Beebe how are you tonight Sir? WILLIAM BEEBE: Good, how are you. CIIAIFtMAN: What light can you shed upon us, on these. We have separate cesspools systems for each one of the houses. MR. WILLIAM BEEBE: State planning. CHAIRMAN: Who occupies the houses now? You occupy one. MR. WILLIAM BEEBE: I have one, and my Grandson lives in the other. .............. ~u~z~ho~u~_. ............................................. ~ .................... State SUSSmCT~O~ ~ As section 1002 applies. raE ~CL~L ~ m ~QU~ ~A~ : I wish to keep my on premises Sust ~ett~g well started ~ my la~ To move the sign would put ih in back of the tree line so as to make it invisable. The sign is 3ft X 5ft, set back 3ft from the front property line and about 18" above gro~d level which m~es it an attractive ~d visable sign at the present location. couw~ o~ Suffolk ) FORM ZB2 TOWN OF $OUTHOLD BUILDING DEPARTlt~'~T Towa Clerk's Office $omhold, BI. Y. Certificate Of Occupancy Map No ............. Block ~U~sLO~oI~O.i~T[~_~.~)~.t~,T~.,i~. BUILD~. BUILT PRIOR conforms substantially to th CI~.TIF! TE OF d~cl ...April... 25 ...... , 195.7.. pursuant to which~glili~oP{~ No.. Z.9~7. t.~. dated ...Jannary .... /~ ..... , 19..7.0, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is Office Building & One Car Garage & Accessory Structure The certificate is issued to ~illiam Beebe (owner, of the aforesaid building. Suffolk County Department of Health Approval .......... .~r. ,~r. ~E~. ~.s.t..~. $ ............ Pre-Existing UNDERWR~fERS CERT~ICATE No ............................................. HOUSE NUMBER .. ?~. ....... S~eet New Suffolk Lane Cutchog~e, New York Building Inspector County Tax Number 1000-109-6-8 + 9.1 Location Subdivision Name of Owner(s) Occupancy B-1 (type) Admitted by: Mr. Beebe Key available Source of request Mr. Beebe BUILDING DEPART~KNT TOWN OF SOUTHOLD, N. Y. HOUSING CODE INSPECTIONREPORT 1335 New Suffolk Lane Cutchogue (number & street) (Municipality) ~ap No. Lot(s). William M. Beebe (owner-tenant) Accompanied by: Mr. Beebe 1000-109-6-8 & 9.1 Suffolk Co. Tax No. Fate December 5, 1978 X~: OFFICE & ONE CARGARAGE Type of construction W~n~ ~r~m~d #stories Foundation cement block Cella~ partialcrawl space Total rooms, 1st. F1 2 2nd. Fl. 3rd. F1 Bathroom(s) 1 Toilet room(s) Porch, type Deck, type Patio, type Breezeway. Garage Utility room Type Heat Oil fired Warm Air X Hotwater Fireplace(s) No. Exits Airconditioning__ Domestic hotwater ~ype heater Other ACCESSORY STRUCTURES: ..... FOUR CAR & STORAGE UPSTAIRS Garage, type const..cement block Storage, type const. Swimming pool Guest, type const.. Other This bulldin~ is used for storage of building materials & equipment used in contracting business Front VIOLATIONS: Housing Code, Chapter 52 Location Description Art. Sec. Remarks: CURTIS HORTON Date of Insp. December 12~ 1978 Time start 9:30 end 10:~0 .AM AM FORM NO. 6 TOWN OF SOUTHOLD Building Depar~tent Town Hall Southold, N.Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, and submitted in duplicate to the Building Inspec- tor with the following; for new buildings or new use: ~, Final survey of property with accurate location of all buildings, property lines, streets, and unusua~ natural or topographic features. 2.Final approval of Health Dapt. of water supply and sewerage disposel-(S-9 form or equal). 3.Approval of electrical installation from Board of Fire Underwriters. 4.Commercial bui d ngs, ndustrial buildings, Muir pie Residences and similar buildings and installa- tions, a certificate of Coda compliance from the Architect or Engineer respons b e for the building. 5.Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of pooperW ~owing alt property ~ines, streets, buildings and unusual natural or topographic featu m~ 2.Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3.Date of any housing code or safety inspection of buildings or premises, or other pertinent inform~- tlon required to prepare a certificate. C. Fees: 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pm-existing dwelling or land use $5.00 3, Copy of certificate of Occupancy $I.00 New Building ........... ~.~Old or Pre-existing Building ....~..... VacantLand ............. County Tax Map No. 1000 Section ............... Block ............... Lot ................ Subdivision ................................. Map No ............... Lot No ............... Permit No ........... Date of Permit .......... Applicant.. ~./.¢..~..~..~..~..~ ....... Health Dept. Approval ...... ~ ..... ~ ..... Labor Dept. Approval ...... ~ ........ Underwriters Approval ........................ Planning Board Approval ...................... Request for Temporal, Certificate ..................... Final Certificate ....................... C°nstructi°n °n ab°ye described building and ?rmit meets ~PP~;:~d2_.~nd regutati°n~ FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z17763 Date FEBRUARY 15, 1989 THIS CERTIFIES that the building ALTERATIOB Location of Property 1335 NEW SUFFOLK LANE CUTCHOGUE Souse No. Street H~mlet County Tax Map No. 1000 Section 109 Block 07 Lot 9.2 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated AUG. 25~ 1982 pursuant to which Building Permit No. 11886Z dated SEPT. it 1982 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is CLOSE IN GARAGE DOOR & INSTALL NEW WINDOWS. The certificate is issued to WILLIAM M, BEEBE (owner, of the aforesaid building, SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A , Rev. 1/81 Building 'Inspector FOR~ NO, ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N~ Y, BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF TIlE WORK AUTHORIZED) N? 11886 Z Permission is hereby granted to: .../~..x~. ....... ~...~...~..~,~ ai ~;;..m.l.s.e.~ i.~.~...ed at ....... .L...~...,.~..._~,.......~...,.~..,~~...~....~... ............ ............................................................. .................................................................. l"~"~*: ........................ ~ .................................... ','/;":z;"" ": County Tax Map No. 1000 Section .,.?l.,'~...,,~,. ..... Block ..... ~ ......... Lot No....~...-~.'....~.~....// pursuant to application dated ........ ~ ............. ~....,~....'~... .... 19..~..~,and approved by the Building Inspector. =uilding ~nspector Rev. 6/30/80 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NEW YORK 765 ~ 1802 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY NEW CONSTRUCTION ....... OLD OR PRE-EXISTING BUILDINC.'..~..VACANT LAND ........ ROUSE NO. STREET HAMLET ~o~ ............... Subdivision ..................... Filed Map Health Dept. Approval .--~.~ Underwriters Approval.. ~ Planning Board Approval .... ~; .......... Request for Temporary Certificate ....... Final CertlflcaCe .... Fee Submitted: $.. l .......... ............ ~=~,,...~ ~ ............. rev. 10/14/8g FIELD INSPECTION COMMENTS FOUNDATION (1st} FOUNDATION (2nd) ROUGH FRAME & PLUMBING INSULATION ?ER N. STATE ENERGY qODE FINAL ADDITIONAL COMMENTS: 7GS.'1802 BUILDING DEPT. INSPECTION' FOUNDATION 'IST [ ] ROUGH PLBG. FOUNDATION 2ND [' ] INSULATION FRAMING FINAL DATE INSPECTOR FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Disapproved a/c ..................................... Application No../] ~. ~::~',~.. - - - (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. Tkis application must be completely filled in by typewriter or in ink and submitted to tho Building Insp0ctor, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and ol buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation, 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 issued a Building permit to the applicant. Such permit shall be kept on the premised available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. 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 Regulatiuns, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. Tho applicant agrees to comply with all applicable laws, ordinances, building code, ho,us~g/e~de, ~aind regulations, anil to admit authorized inspectors on premises and in building for necessary inspections, fft~ / /. # . ....... ............ State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ...... ........ ................................... Name of owner of premises ....... V.~..,..... t.~: < .' ................................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ......... ~ ............. t. Locgtion of land on which proposed work will be done.,..... ............ ~... ,.. ,~. ..................... ./zz.:.. ..... .................. .......... House Number I [ Street Hamlet U County Tax Map No. 1000 Section ./..~...~. ......... Block .... .~. ........... Lot, f~.'. ,"~., g~ .fit ...... Subdivision ..................................... Filed Map No ............... Lot ............... (Name) 2. State existing use and occupancy of premises and intended use end ocqupancy of proposed ,construction: a. Existing use and occupancy ........ ~ . .. ~~.~ .... It/ "· , . '(/.- ' ....... b, Intended use and occupancy ' ' work (ch~ck which applicable): New Building .......... Addition .......... Alteration . .~-...... 3. Nature of Repair .............. Removal .............. Demolition .............. Other Work ............... 4. Estimated Cost ... /O Od ~ ,~..~, .~..Z~,..~. (Description) .......... ~ ........................ Fee ............................. (to be paid on ~ing this application) $. If dweiling, number o f dwelling units ............... Number of dweliin~ units on each floor ................ If garage, number of cars ..................................................... ~ .................. 6. If bualness, commercial or mixed occupancy, specify nature and extent of each type of us~ .............. ?. Dimensions of,ex,ting structures, if any: Front ...... ~. ( .... Rear ...5./). ....... Depth,..o~. Height .,./t~,. l ....... Number of Stories . , ]. . . ~ .................. ~ .......... Dimensions o[same structure with alterations or additions: Front ... ~ .......... Rear .. ~./}./.... Depth... ~/~. ( ............. Height ..... /~',/. ............ Number of Stories ..... ]. ........ 8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories .... ' .............. /, ............................ t ........ 9. Size elint: Front ..... /.(~. /.., ., ....... Rear ....... /~/'~ .......... Dep~th ..... ~ ........... i0. Date of Purchase ,..' ....... /~.~/./~., .......... Name of Former Owner.,/~/~?,~,/~-v~.. f~._ 11. Zone or use d strict in which pr~h~ises are situated ..... 'i .................... : ~ ......................... 12. Does proposed eonstruction~i~late any zoning law, ordinance or regulation: ................................ 13. Will lot be regraded ...... t¥, ~ ............... Will excess fill be.removed from premises: Yes No 14. Name of Owner of premises'. ' .~'~".~-~'~ ~.,.~/'lo_, }.e, Addresa "~2~... Phone No. ~.~..-,~.~:~/ Nanm of Archite~t ........ Address .'~... ,~ .... .q. ....... Phon~ No ..... Name of Contractor ...... ~ ........... Address .... ~ ..... Phone No. ,. ~ PLOT DIAGRAM Locate clearly and distinctly all buildings whether existing or proposed, and, indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate wheth~ interior or comer lot. l STATE OF N~W.~_ I~, / ~ S S COUNTY OF .~fz~.//~4 .... ' . ~ ........ ~ ~ sworn, depots ~d says ~at he ~ the applicant  'on~act) . . berg duly abov~ named. He is the ................... -.-~ ~ ~. ............ ...~ .............. ................................... ~ (~gent, corporate officer, etc.) of ~d owner or owne~, ~d is duly aumo~ed to peffo~ or have peffo~d ~e said work ~d to m~e ~d file this appRcation~ ~at al s~teman~ contained ~ ~ application ~ ~ to ~e best of his knowledge work wflI be perfo~ed in ~e m~ner s~t for~ in the appNcafion flied thomwi~. ' Sworn to before me t~s william M. oeoO0 SURVEY FOR WILLIAM M. 8EEBE AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK ~10. I ~.~,~ ]----~ YOUNG a YOUNG "O00ST.AN'~RAV~.U~ RIVERHEAO, NEW YORK "" ' · ' '" ' ' i '" ";'" "";' ' ' ~ ' FORM NO, 3 TOm OF SOUTtlOLD BUILDING DEPARTMENT TO~,YN CLERK'S OFFICE SOUTHOLD, N.Y. . . . ~7~z. . ~_ _,, . . ~./. .................. .... PLEASE TAKE NOT[CE that your applic3t]'o,n.dated ........ ~ .~ .... ,19 ~. ~r pe~it to ~~.~, ~..~ .~ ~~ ......... at cation of Property ~ .~~..~ ..... ~~.~ .... County T~x ~a~ No. lO00 Section ...... ~.~ .... ~oc~ .... ~ ....... Lot ,, ,~.~ ~. ..... is ret~ned herewith and disapproved on the following grounds .~~.~ ~~~. ~~. , ~, ~,~ , ~. .l~,~ · ., ~ :.,..~ .... ~ ~ ~ ~. ~A ~, ~. ~..~~~ ~ m ............ ...... .............. ~~~,,.~.~~~~~.,~, . '/ ~ildin9 Inspect~/ 1/80 BOARD OF HEALTH '~' 3 SETS OF~?LANS ....... 'FOBMNO, t SURVEY . ..... , - B ' ~..L.~J__~OWN 0 F SOUTHO LD CRgUK'~.- ~... ~H{~ILDING DEPARTMENT 8EPT~/ETM. - ........ ~N ' TOWN HALL ' NOT FY ' C LL ........... i [ . INSTRUCTIONS a, Tiffs application must be completely filled in by typewtitar or in ink and submitted to the Budding Inspector, with 3 :mis of plans, accurate plot i~lan to scale. Fee according to schedule. ' ' ' ' ' ''~ · b. Plot plan showing location of Jlot and 6f buildings on premises, relationship to adjoining premises or public st~ets or areas, and glvin~ a detailed description of layout o! property must be drawn on the diagram which is part of this appli- cation ..... :i','. i'. ' ,..' ' ,,,.{i .... . ' . . '~ .... : ~.~- h q,.. c. Time work covered by this application may not bo commenced before issuance of Building Permit, d. Upon approval of flits applicaiion, the Building Inspector will Issued a Budding P~'mlt to thc applicant. Such permit shall be kept on the premises avullablq for inspection throushout the work. c. N~ bui~ding th~ b~ ~ccupie~ ~r ueed in wh~ ~r in part f~r any purp~se whatcver.unti~ a Certi~cate ~f ~¢¢upancy ~hall have been granted by the Building ]nSl~ctor. ' APPLICATION IS HEREBY MA,)Ii to the Building D~partnlent for the issuance of a Building Permit pursuant to the , d ng Zone etd nance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinanees or Regulations, for the construction oflbulldings, add tinns or alterations, or for removal or denloJltion aa herein descidbed. rim applicant agrees to comply wifi~ all applicable laws, ordinances, building code, housing coda, and regulations, and to admit authorlzcd inspectors on prcmijcs and in building for necessary inspectiq~../'] ~4 ..~...-~.^,~....~.., .... :: ........ :... .... (Signature of applicant, or name, 1! a corporauon) State wllcther app leant il..o, wner, l~ssee, agent, architect, engineer, general contractor, electrician, plumber or builder. ~a,ne of owner o~premises ..~. B.,..~.e,e i..~ ............................................ (as on the tax roll or latest deed) If appUcant is a corporation, signature of duly antimri~ed officer. (Name and title of carper'ate officer) , ALL CONTRACTOR'S MUST BE SUFFOLK COUNTY L~CENSEO Plumber's License No ....... I ................. , { ' / H ' Other Trade's License No., ... I .................. !', '"" Locat on or and on wh ch prop~sea work will be donel .............. ~ ................. · .z. ........... .,I .,._~u,',' '.~ .... ~/ ' ' '' ' ~.~' ~ ' County Tax Map No. 1000 Sectlbn . ,,. ~.~'~. ........ Block ........ f, ........ Lot.,. ~j~.~'. ·, .' ............... Fl] d Map No ........ .. Lot ' ]. g ate existing use and occupancy of premises and intended use and occupancy of proposed construction;: ~. : ,., I ~. E*~sting~seand occ,,ancy., .......... ~,~ .~. .,. '., . .--. .............. ....................... : .... b, ]niended use and occupancy [ ..................................................... ..... 3. Nalureofwork(clleckwhichappllcabD): NewBu/Id/ns ..... ' ..... Addition ..~--,- .... Alteration ......... ....... R m ai .............. Demollt~O/l ,.~ .~, ...~ ...... ~ O~her Work ................ ~ : , ~ ' ,~ ~ ~.~. ? . .. ~ !q '~ (Description) · · . ~. ,, ~.~ t (to be prod on{flhng th~s apphcat~on) 5. If dwelling, number of dweltini~i~ ..... /.., ~ .~.. ~. Namber ~{g~ lng units on ~aoh floor. ~. If garage numberofc~s ~l.~ '- ' f ' 6, If busmen, oommer~tal or mixed o~oupan~y, sp~offy natur~ an~e~i~h tY~e or us~ ~t~l ~ Height ..l~/ ......... Number of Stories ... / .................... ~ ,. Dimensions'ofsam~s~mctur~wi~alt~rationsoraddlt OhS Fro t ~ ~ ) ~ Rear ~ ...... 8, D ens ons of =at r= new constmction. Fron/ ~ ( u... ~/ 7 .... ~/ ..... H~lght .../~! ........ Number of Stofi=s .... ~ ........... . . . ....... / ~ ............. ~m, o~o~o~,~ ~.~.. ~.~ .. 11. ~one or us~ afltrlct in wNeh ~remises am situated ........................ '~. ~ '.. 12. Does propo~d construction violat{ any zoninglaw ordinance or ~gulation ... ~ ...................... ~ame of ~renltect ... ~ ...................... Addm~ ................... Phone No ........... ~5. Is thi~ property located ~th~n 300 feet of a tidal wetlandi ~Yes ..... · ~o~.. P~ DIAG~ Locate cle~ly md distantly ~ buadh~, whe~er exlst~g 0r proposed, ~d, lndicate ~1 set-back d~emlons fw~ property ~nes. Give street m*d block number or descflp~ion a~otd~g to deed, ~d show street nines ~d indi~te w ethe mtenororcornerlot.' ' ' ''~ .' ..' '. ,. ' ~e4~O,. . .~ , ~° . ~:'~ ~ ~ ~ . ........................... being duly sworn, deposes and says that he i: the applic~t (Name oflndivldual si~ing ~ontract) ~. ' (Contractor, agent, corporat* officer, otc.) ~r said *wner or owne~, ~d i* dul~ au~ofi~ed to porfo~ or hay* peffo~ed tho ~id Woek and to m~ ~d file thi~ application; that all ~tatement~ *ontatned ~ thi~ application ~ tree to the be~t ofhl~ knowl*dg~ and boli~fl md that work w~l be perfomed In th* m~ner ~et forth ~ the app~eation, filed ~emwith, · , ................... y .... ~ ........... i~... 00.00" SURVEY FOR WILLIAM M. BEEBE &T CUTCHOSUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N,[W YORK -YOUNG e YOUN( TOWN OF SOUl. OW BUILDING OEPARTMENT TOWN HALL SOUTHOLD, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES uN~IL FULL COMPLEllON OF THE WORK AUTHORIZED) ~,~ ............ ~:..~.....~.z ............... ,~.~.. Building Inspecf~?/~ _ Rev. 6130/80 FOR~ NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY NO: Z-25366 Date~ 11/12/97 THIS CERTIFIES that the building ADDITION CUTCEO~UE Location of Property: 1335 NEW SUFFOLK ROAD (HOUSE NO.) (STREET) (HAMLET} County Tax Map No, 473889 Section 109 Block 7 Lot 9.2 Subdivision Filed Map No. __Lot No. -- conforme substantially to the Application for Building Permit heretofore filed in this office dated MAY 21~ 1996 pursuant to which Building Permit No. 23510-Z dated JUNE 17, 1996 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ADDITION TO EXISTING ONE FAMIL~ DWELLING AS APPLIED FOR. The certificate is issued to of the aforesaid building. WILLIAM M. BEEBE (OWNER) SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS ~ERTIFICATION DATED N420199 05/16/97 11/01/97 J.S. ZULTOWSKI~ JR. g THE NEW YORK BOARD OF FIRE UNDERWRITERS '1~31 ~ BUREAU OF [-- 8B JOHN 8TREET, NEW YORK, NY 100~8 ~t, ~Y 16,1997 a~,~o.~$~ 12323496/96 N 42~199 ~ ,,,~ ~ ~Y 13,1997 25 22 26 25 1 F I 2~ ~ 1 X 1 G.F.C.I~-i ~l 16,8~J~ A~. ~, ~, 11935 ~P* ~r~ FIELD INSPECT[ON RgPORT D.~Tli COI~INTS FOUNDATION ( IS'[') ROUGtl YRAHE & PLLI~B lNG INS~TION PER N. Y. STATE ENERGY CODE FINAL ADDITIONAL COI~I~NTS: Q. UESTIC~;A IRE FOR F!LII[G WITH YOUR Z..q.A. APPLICATIO[~ A. Please disclose the names of the owner(s) and any other individuals (and enr_it!es} having a financial iateree: in the sLLbJect pr~tses and a description of t~heir izltere~t~... (SeDarat~ she~_t may be attached.] B. Is ~he subjec= premises Liste~ on the real estate market for ~ale or berg sh~ to pro~e~v~ ~er$7 { } D. i. ~a ~e ~y ~eas w~ch contain we~!~d ~asses2 2. ~m ~e wetl~d ~e~.~s~o~ on ~e ma~ s,,h~ =t~d wi~ 3. Is ~e groge~f b~eaded be=~een ~e we~ 4. ' If yo~ pr~pe~ CO~S~n~ we,ll'ds or ~ond ~as, have you ccn~ctmd ~e Office of ~e Town T~ees for its E. Is ~er~ a depression or slop~g elevation near ~e ~ea of proposed ccBs~c~on at or bel~ five feet ~ove me~ level2 i~u/, (If mot app~c~le, state "N.A."] F. ~e ~ ~y pa~os, concave b~!er~, bul~eads ~ f~ w~ch --;~= ~d ~ not ~h~ ~ ~e ~e'I ma~ ~at you ~'. concm~nq ~o~ pr~mises? ~ ~f yes, please s~mi=, a co~y of your bui!~nq ~e~iu' ~ map as approved by the Sui!dinq K. Do yo~ ~or ~y co-owner alsd own other land close parc~l~ ~Q If yes, please e~lain where or subm~ 'J be AucncrL~e~ SLqnacure ana Oat2! 3197, LO/90! ?. U~ARD UF APPEALS_TOWN OF In Ihe Mailer of lite Petition of ~p qhe Board of Am~eal$ ~[ the Towt~ nf South.id TO: 1401 ICE TO pROPERTY YOU AREIIEREUYGIVENNOtlCE: lo toques1 a,(Varlance) (Special Exception) (Special Pert. Il) ~Otl~er~/ icj-cole choice l , \ examine the same durhtg regular office hours. (516) 765-[gU9. rlgi~t lo appear a.d be heard al luch hearl.g. [Copy Of ske[ch or pla. showing proposal to be al[ached for conve.ie.ce purpuses.] APFEAL~ BOARD P,O. BOX I17~ SOuthold, N~W Y~k 11971 l~x (515) 7~1 ~2~ TO~ArN OF SOUTHOLD .Appl. No. 4395 ACTION OF 'r~ ~OA~D OF APpF. A~.~ DATE OF ACTION." 'Ju~y ~4~ 1~' APPLICANT': WrLr.TAM M. B~XBE- LOCATION OF PROPerTY: 14~5 New Suffolk Road, COUNTY TAX MAp DISTRICT .100o, SECTION 109, BLOCK 7, LOT 10.4. GROUNDS OF REQUEST/REFERRAL: Bufla~-~ ~ Notic~ ~f f~ued-June ~0, 1~ sta~ =...Ui~ Article II, Section 100-~A July 1, 1983...." (4~o~$ 10.4 & .9.3 merged 85' of T.YpE OF RE(~UEST: ' Welve~ under* Al'ttele H, ~ti~l 100-26. ~SONS FOR G~ OF 1. ~'~ w~~d~l~7~l~g. ~TION ~DE . BY G~ ~ . SECONDED B~ L. .Tort~..' VOTE OF THE BOARD: A~: S~ J.. ~ . .. Ly~ A. To~m CI FARELLI PROJECT TEST HOLE BY SURVEYOR 10-11-2011 EL-16.7 35' 4,5' 13' LOAM CLAYEY SAND SP CLAY CL SAND SW GROUNDWATER 5lTL PLAN ~-- ', '.. .. \ ~ ~~ % TALL STOCKADE ,PENCE , NEW PLANT NG ~ ~IBTING DRIVEWAY ~ 8'-I O' HT. L~ND C~RE55 ~ -- ~ ~_ _ ~' ~ ~.~ '/~>, ~' ,,' ~ E"T~,NCE TO ~E ~ .~" ~ADER L~DER ~CA~ ,~,~ . .t,-iIi* ....,,,,,, * *' * ,,,~ * *' * % * ..... * .. ,, G~SSAREA MAN ~NT~NCR ~ * * * * * * * ' * * ' *~ D E 24 L~B ' * NOTE: TMEP-Z IS TO BE NO PARKING OP COMMERCIAL VEHICLES ON STREET EXISTIN REMOVED TO REMAIN ~ .> 1..~9 16 / X~,, EXISTIN~ TREE?' 0 O 0 AT DRIVEWAY .( .1 EXISTING ASP DRIVEWAY 16. ~i~~LL BLOCK EXISTING (~YPICAL BOTH 51DES) GRASS AREAS TO REMAIN 7.1 ALT P CATCH BASINS WITH ~ EXISTING FRAME FARM BUILDING (NEIGHBORING PROPERTY) '¢L2 EXISTING .DWELLING 550 GALLON UNDERGROUND OIL TANK (ASSUMED ORIENTATION) ~, ' OIL PILL ',, ,¢~/--* VENT EXISTING FENCE STORY SEPTIC VENT ASPHALT x ,,~ CREATE M N 2" DIP BY PITCHING ,' FINISHED ASPAhfLT TOWARD SLOT /IN [50TN DIRECTIONS / ~8" DURASLOT 5UP~FACE ***'/Al N DRAINAGE SYSTEM CALCULATIONS. HOUSE ROOP AREA J ,875 *q, PC 1,875 ~qpc xO I7- 31$cu. pc 3 J Scu. PC / 42 2 = 7 55 vertical it, of ¢' ~ leaching pool required PROVIDE (2) 8'-0" ¢ X 4' 0" DEEP STROH DRAIN POOL ASMPALT DRIVEWAY AREA: 1,203 sq ft 1,203 s~,PC, x O. I 7 = 204 cu. PC. 204 cult, / 42.2 = 4 8 vertical ~t, of ¢' ¢ JeaChlng ~ool requlr~ PROVIDE ( I ) 8'-0" ¢ X 5'-0" DEEP STORM DRAIN POOL5 GRAVEL/TURP BLOCKAREA, 5,J44 sq. 5,J44 sq.ft, x O. J7 -- 874 cu. ft XCOEF. O.G = 524 G cu, Pc 524.G cu.ft / 42 2 = I 2.4 vertical fi, of ~' ¢ I~achlng pool PROVIDE (4) 8'-0" ¢ X 4LO" DEEP STORM DRAIN POOL5 WATER INFILTRATION GRID SET 1"-2" BELOW GRADE -~'---~.-~ TOPSOIUGRAS5 30% TOPSOIL, 70% SAND/GRAVEL COPPER WALL MOUNT LIGHT AT MOUNTED GLO" ASOVE GRADE MODEL 5PJ4~-O I BY 5PJ LIGHTING (OR APPROVED EQUAL) RATED NIGHT SKY PRIENDLY, INSTALL AS PER MANUPACTURERSPEC5 120v , INCANDESCENT J OOw. MAX L2- METAL POLE, COPPER FL&RE HOOD, ARC ARM MOUNT LIGHTS AT PARKING AREA I 2' 0" HIGH W/CONCRETE FOUNDATION 000 P51 CONCRETE / G" COMPACTED RCA SUBASE~ DUP. ASLOT INSTALLATION CE055 SECTION PIPE J PART N~ SIZE 8" 0860-DS ~J CROSS SECTION_ /~ L E v A T I 0 U TYPICAL TRENCH DRAIN 5ECTI ON/DETAI L PRECABT COl 5TRUCTU RAL GRID PAVER5 BELOW GRADE CONCRETE PO0~ ON COMFACTED FILL TYPICAL CATCH BASIN SECTION/DETAIL DRYW~LUCATCH BASIN NOTES: · CONCRETE TO 13E 4OOOp~l @ 28day~ · WELDED WIRE FABRIC TO MEET ASTM A-82 ¢ A- 185 · HEAVY DUTY CAST IRON FRAME ¢ GRATE, 2' 0" ¢ · 8LO" ¢ PRECAST CONCRETE STORM RINGS, 4" THICK, HEIGHTS AS INDICATED 4* WWMGxGxI 2 !,'OV 15 9' PAGE: BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard IZ Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · EO. 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 MEMO Date: April 10, 2012 To: Donald L. Wilcenski, Chairman, Planning Board Members of the Planning Board From: Leslie Kanes Weisman, Chairperson, ZBA RE: ZBA Application #6488, Cifarelli At the April 5, 2012 Regular Meeting of the Zoning Board of Appeals, the Board voted to re-open the above noted application. The purpose is to address your concerns on the issue of two principal uses on this undersized lot located in the LB zone, as noted in your Memorandum dated February 15, 2012. The application is scheduled on the May 3, 2012 agenda at 1:20 P.M. The Board is inviting Heather Lanza, Planning Director, to attend as well as other Planning Board Members. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehfinger 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 April 10, 2012 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: Cifarelli, ZBA Application #6488 Dear Mrs. Moore: On April 5, 2012, the Board unanimously voted to re-open the public hearing on the above referenced matter. The hearing will be reopened to consider additional facts not in the record concerning two principal uses on the site and compliance with lot area requirements as raised in the memorandum from the Planning Board to the Zoning Board of Appeals dated February 15, 2012. The Board will waive any fees associated with this hearing. This application is scheduled to be reheard on May 3, 2012. You will receive the required information of the scheduled time prior to the hearing. If you have any questions, please contact Jennifer Andaloro, Assistant Town Attorney at (631) 765-1939. Thank you for your attention to this matter. V ours, Chairperson Zoning Board of Appeals PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 RECEIVED ' J uA,rr OF April 18, 2012 Zoning Board of Appeals Town of Southold Main Road PO Box 1179 Southold NY 11971 hand delivered Re:Cifarelli Premises: 1335 New Suffolk Road, Cutchogue, NY Variance granted on August 18, 2011 (Appeal #6488) Dear Chairperson Weisman and Board members: We object and oppose the Board's action to reopen Appeal #6488, a decision rendered on August 18, 2011. More than 30 days have lapsed since the date of this decision, both the neighbors, which are stirring up opposition, and the Planning Board, are limited to 30 days to appeal the Board's decision. The statute of Limitations has expired. No "additional facts, not already in the record" are in the Planning Board correspondence dated February 15, 2012. We received a Planning Board recommendation prior to the Zoning Board action. The application to the Zoning Board included the proposed architectural plans, the detailed description of the project, and the pre-CO's and certificate of occupancies issued for all of the structures. Moreover, the applicant had submitted an application for the site plan to the Planning Board prior to the Zoning Board appeal. The Zoning Board requested comments from the Planning Board which stated that they had no objection to the requested variances, as long as the two proposed uses (single family dwelling and contractor's yard/office) adequately address excessive noise, light and visual intrusion into the surrounding residences and that the number of people living in the dwelling can be verified". My clients have submitted multiple site plan revisions since August 18, 2011, at the Planning Board's request, to address these issues. Zoning Board of Appeals April 18, 2012 Page 2 The Planning Board's memorandum dated February 15, 2012 is challenging the recognized uses of my client's property when the issues are within the jurisdiction of the building department. Having failed to convince the building department to overturn their previous determination, they seek an "end run" to the Zoning Board. The Zoning Board's jurisdiction is appellate, the building inspector has not issued a determination or order which is the basis of an appeal. Town Law 267-a (4). Hearing appeals. Unless otherwise provided by local law or ordinance, the jurisdiction of the board of appeals shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by the administrative official charged with the enforcement of any ordinance or local law adopted pursuant to this article. Such appeal may be taken by any person aggrieved, or by an officer, department, board or bureau of the town. I am in receipt of your letter dated April 10, 2012, that you have voted to re-open the public hearing. There is no legal basis to re-open the hearing, there are no additional facts, not already in the record, concerning two uses on the site. The Planning Board's memorandum does not state any facts previously unknown. Town Law 267-a (12)Rehearing. A motion for the zoning board of appeals to hold a rehearing to review any order, decision or determination of the board not previously reheard may be made by any member of the board. A unanimous vote of all members of the board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the board finds that the rights vested in persons acting in good faith in reliance upon the reheard order, decision or determination will not be prejudiced thereby. In reliance on the Board's granted variance on August 18, 2011, my client prepared a complete engineered site plan, made an application to the Planning Board for site plan approval for the Crystal Clear Window Cleaning office, notified their landlord that they are moving and incurred additional professional fees of architects, engineers, surveyors and attorneys. In addition, they purchased the adjacent improved parcel from the Estate of Beebe in order to eliminate disturbance to the closest neighbor. My client, an existing business in the Town of Southold, will be prejudiced by the re-hearing and any adverse determination by your board, as well as the ongoing unwarranted delay by the Planning Board. They have spent to date $409,414.00 plus the cost of the subject parcel in reliance on your Board's decision. Zoning Board of Appeals April 18, 2012 Page 3 The Board acted unilaterally to reopen the agpeal without notice to the owner or giving the owner an opportunity to be heard. Both the neighbors and the Planning Board had ample opportunity to appeal the building inspector's determination within the legal time limits prescribed in Town Law § 267-a(5) (b). Your decision to reopen the hearing based upon community opposition undermines the integrity and finality of all zoning board decisions. Very truly)yours, k-~&tricia C. Moore c: Mr. And Mrs. Cifarelli Page I of 1 Toth, Vicki ~fi~] ~ ~lZ ~:00~ From: Kevin B. McGrath [kmcgrath@phillipsnizer.com] I~OA,/~,D OF APPEALS Sent: Thursday, May 17, 2012 4:23 PM ~ (~ ,4~ ~-~ -~-~ To: Toth, Vicki Subject: [New Sender - ] - David and Lisa Cifarelli- 1335 New Suffolk Road Cutchogue, New York 11935 Matter before Southold Zoning Board of Appeals Index~ 6488 - Message is from an unknown sender Madam Secretary, This office represents one of the land owners adjacent to the property of David and Lisa Cifarelli in the Limited Business District on New Suffolk Road which is the subject of a proceeding before the Southold Zoning Board of Appeals. I have read the transcript of one of the hearings and have been unable to obtain the transcript of the last hearing. It is respectfully requested that this office be given the opportunity in the next two weeks to submit additional information with reference to this matter. Thank you for your courtesy and cooperation in this matter. KBM Kevin B. McGrath, Esq. 666 Fifth Avenue New York, New York 212.841.0743 (direct line) KMcGrath@PhillipsNizer.com Circular 230 Disclosure: Pursuant to U.S. Treasury Department Regulations, we are required to advise yo~ that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or wdtten to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing recommending to another party any tax-related matters addressed herein. The information contained in this e-mail communication may be confidential and legally privileged and is fc the use of the intended recipient only. If you are not the intended recipient, or an authorized employee or agent responsible for delivering it to the intended recipient, the dissemination, distribution or reproduction this communication or its contents (including any attachments) is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone or reply e-mail and permanently delete it and any copies from your system and files. 5/18/2012 Toth, Vicki From: Sent: To: Subject: Attachments: Donald McGrath [don@mcgrathdesigns.com] Thursday, May 17, 2012 2:02 PM Toth, Vicki [New Sender - ] - Crystal Clear Cleaning Zoning Board of Appeals - mcgrath - Message is from an unknown sender Lettertothezoningboard2.doc te~e~othezoningb oa~2.doc(3... Vicki, Here is documentation to aid in your decision regarding the property at 1335 New Suffolk Road. Please do not hesitate to contact me if you have any questions I would be more than happy to help. I am gravely concerned about these recent developments. Please reply to this email so that I know this information was delivered. Thank you, Donald McGrath McGrathDesigns.com 646-734-8448 To: Southold Town Zoning Board From: Donald & Elizabeth McGrath 1077 New Suffolk Road Cutchogue, N.Y. Re: Crystal Clear Cleaning Zoning Board of Appeals I would like to thank the board for choosing to re-address the issue of granting the limited business use at 1335 New Suffolk Road and would like to point out that the board is well within their rights to hold a rehearing to review any prior decision or determination of the board on a motion made by a member of the board and passed unanimously under the Procedural Requirements for Motion ibr Reconsideration by Member of the Board of Appeals. On August of 2011 the Planning Board made it quite clear that, "the proposed use has the potential to have an adverse impact to that residential neighborhood. Impacts are likely because the parcel is a quarter of the minimum lot size required in the LB zoning district (20,000 +/- s.f. vs. 80,000 s.f. required) the small parcel size together with the two uses (single-family dwelling and contractors yard) also contribute to the likelihood of impacts to the adjacent residences". The Planning Board pointed out that they have an obligation to protect nearby residences "from excessive noise, light and visual intrusions". The use of this property is contrary to the Southold Town Code. You cannot have two distinct uses in a Limited Business Zone on less than 80,000 square feet. The lot size is grossly smaller than the minimum required square footage stated by Southold's Zoning and Building code (section 280-120). And the use will create excessive noise and traffic as set forth below. In a document signed and sworn to by the appellant entitled "Reasons for Appeal" it is stated that, "this area of New Suffolk Road is commercially developed with pre-existing non- conforming parcels and a mixture of residences and commercial uses." This statement is untrue. First there are not multiple non-conforming parcels other than the undersized parcels in question, and secondly there are no commercial uses in this area of New Suffolk Road, there is limited business, residential and residential agricultural. The Southold Town Zoning Map clearly shows this one small pocket of business zoning on the street (1335 New Suffolk Road and adjacent parcel) which is overwhelmingly a residential area. This neighborhood has been mis-represented by the applicant. The proposed business use as has been described in the most recent site plan for the property at 1335 New Suffolk Road is an example of gross overuse ora lot a fraction of the size allowed by the Town's own Bulk Schedule. Previous use was for an owner who operated a construction contracting business while living on the property and keeping supplies in the garage. NO employees were living on the premises. For the last 15 years I can testify that there has not been an active business on the lot and the lot has not been inhabited by any employees of William Beebe's business. For the time I have been living here only the Beebe family resided on the property. This proposed use is with the owner not living on the premises but bringing a family into the house and adding additional personnel to utilize the office. This expands the pre- existing use in a residential area. In addition, the allowance of 12 parking spaces for private and commercial vehicles is excessive for the property and the neighborhood. This property was never used for these purposes prior to this application. There were 11 vehicles visible at the location in Mattituck this morning Weds., the 16th of May 2012. This many vehicles will cause excessive traffic and evidence a major commercial operation in what is zoned for Limited Business. Regarding the issue of "expired use" as described in section 120-121 G, the code clearly requires that a property which fails to continue its pre-existing, non-conforming use for "a period of more than two years" shall lose its standing. The lot is non conforming because of the non- conforming structure (garage) and because of the uses on an undersized lot. This property has not been used as a business property since the 80's and according to the document submitted, titled "Crystal Clear (Beebe) Timeline", by Patricia Moore Esquire the renovations to re-purpose the property as single family dwelling began in 1982 with building permit 11886Z. This document states that a garage door on the structure which was the shop was closed in and a bedroom and kitchen added. Among the documents submitted by Patricia Moore Esquire titled "Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals", William Beebe states, "I moved the shop off years ago." This statement being plural, at least two years had pa~sed since he, "moved the shop off." That puts the business as being in-active for 17 years from today. In his own words William Beebe abandoned the use and in the 15 years I have lived here there has been NO commercial business or employees living on the premises therefore an application for Limited Business must be renewed and this application for Limited Business should be denied citing the Bulk Schedule and the size of the property. It should be part of the discussion that the town is undergoing a re-zoning effort and if a decision like this is made at this date it will have farther reaching consequences for the town in making similar determinations. In Don Wilcenski's words, "The town wide implications of this interpretation would include the zoning status of any property where there are two principal uses on an undersized lot." The history of the property has been mentioned and it is important to note that the property evolved into a residential property from a commercial property not the other way around. There are many other properties on the street that have evolved over the years as beautiful well kept residences as well. The applicant has mentioned that there have been investments made on their part. The applicant purchased the property for whatever he paid for it and it is a well established principal that the price he paid for it cannot be the basis of a hardship suffered. The law does not benefit a person or grant relief for a self"imposed hardship". It is important to note that there have also been significant investments made by the residents of the neighborhood in their properties at least as significant. As Southold's Zoning and Building code Article 9 regarding Limited Business (section 280-40) dictates, "Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area." If approved, this project will do the exact opposite. This is underscored by the observation made this morning that there were many visible vehicles and traffic. In considering this, one must realize an environmental and traffic study must be done to establish the effect this project will have. NO screening will soften the purpose, or design of parking will satisfy the purpose of the code for Limited Business. Furthermore Mr. Cifarelli expressed openly that he intends to purchase more adjacent property in an attempt to expand. What is being proposed is not Limited Business. It is a growing business as its very presence in the neighborhood today, and the purchase of both lots illustrates that the previous location in Mattituck was too small. Thank you for your time and consideration of the community in reviewing this application. I respectfully request additional time to submit additional information for the board's decision. Please let me know how much time I will have. Elizabeth and Donald McGrath To: Southold Town Zoning Board of Appeals, Re: Case #6488 From: Mark and Lynne Rickabaugh; property owners of 1075 New Suffolk Road, Cutchogue, NY ( 2nd Property north of subject property covered on #6488 RECEIVED MAY 1 6 Dear Chairperson and Zoning Board of Appeals Members, BOARD OF APPEALS Although we have submitted spoken comments at the public hearing 3 May 2012, this letter restates our views and more specifically addresses those views relative to the non conforming lot size (20,O00sqft vs 80,000 sq ft required) for limited business zoning in the town of Southold at 1335 New Suffolk Road, Cutchogue. Our strong feeling is that zoning for limited business on a non conforming and small lot relative to 80,000 sq ft town required size should be limited to the same Iow level of business activity that occurred on the property in the proceeding 20 years since that level was unobtrusive; visually, and had Iow impact from intensity of use to the overall road. Also the limited business zoning and the two uses occurred in a residential area and essentially accommodated uses already in process by the previous owner and the property was owner occupied. The property always had a significant grass and tree buffer that protected the visual character of New Suffolk road. New Suffolk Road today is primarily residential and has numerous historic and older homes including our 17th century Southold Register historical house. The road and community has constantly improved over time with many improvements to homes and other structures. Neighbors have taken pride through general participation in the improvement. We feel the current zoning, unless constrained for very Iow intensity business, is inconsistent with this residential and pastoral road. Additionally we fail to see how a non conforming lot of non-conforming small size relative to town rules can get variances for increased usage and intensity similar to the required lot size. It strikes us as outrageous that this could occur under present zoning. Naturally this is compounded by the more residential nature of the surroundings and the fact that the non conforming lot will have a single family residence and the greater intensity from that use on the subject property. We are concerned that the 2nd use intensity was not considered versus the previous owner occupied use. There also seem to be questions relating to which buildings were accessory buildings related to which use and which buildings are being improved. Our understanding of zoning and how it interacts with the planning board and other departments is limited. But, there must be some way to limit intensity of use through zoning that prevents it from getting variances for un-limited or any new uses that new owners might want. Clearly the increased business use and parking spaces allowed in the #6488 case were not agreed to by the neighborhood but were proposed anyway and if approved would take property intensity to a ridiculous level. Our last point is that we think some remedy of this situation by the ZSA is extremely important versus allowing increased use by variance and then depending on enforcement to prevent a higher intensity situation from getting out of control. The enforcement process is time consuming for all and usually adds to frictions in a neighborhood over time. Most neighborhoods can grow and sustain themselves well if zoning and other land use rules are consistent and give consideration to the overall character of the neighborhood; in this case, New Suffolk Road. arJ~Yand Lynn~ Rickabaugh RECEIVED MAY 1 6 20!? BOARD OF APPEALS May 2, 2012 Zoning Board of Appeals Town of Southold Southold, NY 804RD O~'4pp~ALS RE: Crystal Clear Window Cleaning Corp. Dear Members of the Board: My husband Jonathan and I reside at 1080 New Suffolk Road, diagonally across the street from the subject property. We are very concerned that the proposed uses on the property will negatively affect the rural and historic character of our street, the gateway to New Suffolk. I believe the uses proposed on the site are inconsistent with the uses permitted in the Limited Business (LB) Zoning District, as well as with prior uses on the site and the existing Cedificate of Occupancy. First and foremost, the lot is too small for the proposed uses. The +/- 20,000 Sq. Ft. lot is a '/, of the size required for one use in an LB zone (80,000 Sq. Ft.). With the most recently submitted site plan, the proposed improvements cover more than 50% of the lot area. Secondly, the large number of commercial vans and employee vehicles entering and exiting the site on a daily basis will certainly generate high levels of traffic, which is clearly inconsistent with the intent of the Limited Business Zoning District and the historical use of the property. The proposed parking lot and storage of commercial vans seem more consistent with a 'Contractors Yard', which is only permitted by Special Exception in the LB Zone. We greatly appreciate your thorough review of the regulations affecting the subject property, I am very familiar with the applicant's current facilities at 13000 Main Road in Mattituck, as my office is 12830 Main Road, just down the block, i honestly never imagined that such an intense commercial use could ever be allowed on a 20,000 Sq. Ft, lot in a predominately residential neighborhood. Thank you again for your careful consideration of this matter. Sincerely, Stacy Paetzel 1080 New Suffolk Road Cutchogue, NY 11935 st acy(~?m plast udio.com Zoning Board decision suddenly not so Crystal Clear By Beth Young 104/26/2012 8:30 AM I Featured Stories, Government~ Top News Tweet 2 GIANNA VOLPE PHOTO I The Crystal Clear property on New Suffolk Road. More than eight months after Southold's Zoning Board of Appeals granted variances to Crystal Clear Cleaning Corp. for a new office and van depot on New Suffolk Road, the board will reopen a public hearing on the matter next week, citing the receipt of new information. Planning board chairman Don Wilcenski requested the ZBA review by letter in February, after a neighbor wrote asking why the ZBA never looked into the fact that, once the project received all its board approvals, there would be two principal uses on a half-acre lot. According to town code, one acre is required for each use on properties in the LB Zoning District. The property includes a three-bay garage and a house and, according to ZBA documents, has pre-existing certificates of occupancy from 1979 for a wood frame office, a one-car garage and an accessory structure used for storage of building materials and equipment. The office is currently being used as a residence. Attorney Patricia Moore, who represents Crystal Clear owners David and Lisa Cifarelli, is crying foul. In an April 18 letter to the board Ms. Moore said only the building department can send matters to the ZBA for review. She added that since the ZBA originally approved variances for the project on Aug. 18, the 30-day window in which they could reverse their decision has passed. "The statute of limitations has expired," she wrote. "Your decision to reopen this hearing based upon community opposition undermines the integrity and finality of all Zoning Board decisions." Back in August, the ZBA weighed in only on three setback variances for the project -- not on any area variances related to an intensification of use at the site. But in his letter, Mr. Wilcenski asked why two principal uses are being allowed on a parcel that's only a quarter of the minimum size required for those uses. "Can two principal uses be allowed on an undersized lot in an LB zone?" he wrote. "The townwide implications of this interpretation would include the zoning status of any property where there are two principal uses on an undersized lot." Adding to the complexity of the matter, planning director Heather Lanza maintains that the certificate of occupancy on file for an office is for the wood frame building, which must be the house, since the three-bay garage is cement. The Cifarellis' initial zoning board application involved adding a second story to the garage -- not to the wood frame building -- to accommodate the office. The ZBA granted the variances with little comment, since the setbacks that were before them were pre- existing and the garage was built before current zoning was in place. The board didn't discuss intensification of the property's use. Ms. Lanza said Tuesday that through Mr. Wilcenski's letter the Planning Board was simply asking the ZBA for an interpretation of the town code, since, as a quasi-judicial body, the zoning board is the only authority in town, other than the building inspector, that can do so. byoun~timesreview.com BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. 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 hltp://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 3, 2012 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, MAY 3, 20t2: 1:20 P.M. - LISA and DAVID CIFARELLI #6488 - (Re-Opened from August 4, 2011 public hearing.) On August 18, 2011 the Zoning Board of Appeals granted a front yard, rear yard and side yard variance to the applicant based upon a Request for Variances from Article XXlII Code Section 280-t22 based on a building permit application for additions and alterations to a nonconforming building, located at; 1335 New Suffolk Road Cutchogue, NY. SCTM# 1000-109-7-9.3. The Zoning Board of Appeals, at its April 5, 2012 Regular Meeting, voted on its own motion to re-open the public hearing to consider additional facts not in the record concerning two principal uses on the site and compliance with lot area requirements as set forth in the memorandum from the Planning Board to the Zoning Board of Appeals dated February t5, 20t2 and other pertinent Town records. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and priorto the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Tot h~.Town. South old. ny. us. Dated: April 6, 2012 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 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: Cifarelli, D. & L. SCTM #: 1000-109-7-9.3 # 6488 PURPOSE/ RE-OPEN PUBLIC HEARING FROM AUG. 4, 2011 TO CONSIDER FACTS NOT IN THE ORIGINAL ACTION: RECORD CONCERNING TWO PRINCIPAL USES ON THE SITE AND COMPLIANCE WITH LOT AREA REQUIREMENTS DATE: THURS.,MAY 3, 2012 1:20PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8AM and 3PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD765- 1809 #10649 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 week(s), successfully commencing on the said Newspaper once each week for 1 19lb day of April, 2012. ' Sworn to before me this ?i~cipal Clerk NOTARY PUBLIC-STATE OF NEW YORK No. 01VO6105050 Quollflect In Suffolk County My COrnmb$1on Explrel Fel~tuary 28, 2016 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY MAY 3, 2012 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zonuig),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, EO. Box 1179, Southold, New York 11971-0959, on THURSDAY MAY A~journed from Public Hearing April 5, 2012 on an application for building permit (adj, to Hog Neck Bay) Cutchngue, NY. proposed additions and alterations to a single family dwelling, at; 1) less than the code required front yard setback of 50 feet to Carrington Road, 2) less than the code required front yard set- back of 50 feet to Nassau Point Road, located at: 4800 Nassau Point Road (cor- ner Carfington Road) Cutchngue, NY. NER #6560 - Request for Variance from Article XXII Code Section 280-116(B) based on an application for building per- mit and the Building lnspcctoCs March 8, 2012 Notice of Disapproval co. corning screen porch with outside shower over ex- isting deck to a single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, located at: 1665 Shore Road (adj. to Pipes Cove) Greenport, NY SCTMg1000-47-2-30 11:20 A.M. - RICHARD MEYER- HOLZ #6956 - Request for Variances from Article XXIII Code Section 280- 124, based on an application for build- ing permit and the Building Inspector's January 12, 2012 Notice of Disapproval concerning proposed demolition and re- construction of a single family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required minimum side yard set- back of 10 feet , 3) less than the code required total combined side yards of 25 feet, 4) more than the code permitted lot coverage of 20% maximum, at: 4245 Bay Shore Road (adj. to Pipes Cove (Shelter Island Sound)) Greenport, NY. SCTMg1000-53-6-23 11:40 A.M. - JUSTIN and SUSAN SMITH g6561 - Request for Variances from Article XXIII Section 280-124 and Article III Section 280-15 based on an application for building permit and the ed March 20, 2012 Notice of Disapproval concerning addition and alteration to an attached by breezeway accessory garage, at; 1) less than the code required front yard setback of 40 feet, 2) more than the maximum height allowable of 22 feet, located at; 1040 Founders Path (corner Landon Road) Southold, NY. SCTM# 1000-64-2-15 12..00 P.M. - LAURA YANTSOS #6562 - Request for Variance from Ar- ticle XXII1 Section 280-124 based oh an application for building pe~mi! &nd the Building Inspector's March 6, 2012 Notice of Disapproval concerning "as built" addition to an exLsilng ~mgle fam- ily dwelling, at; 1) less than the code re- quired side yard setback of I0 feet, lo- cated at; 3455 Bay Shore Road (adj. to Shelter Island Sound) Greenport, NY. 1:20 P.M. - LISA and DAVID CI- FARELLI #6488 - fRe. Onened from Au_~ust 4. 201! nubile hearing.) On Au- gust 18, 2011 the Zoning Board of Ap- peals granted a front yard, rear yard and side yard variance to the applicant based upon a Request for Variances from Ar- ticle XXlll Code Section 280-122 based on a builduig permit application for ad- ditions and alterations to a nonconform- ing builduig,located at; 1335 New Suffolk Road Cutchogue, NY. SCTM# 1000-109- 7-9.3, The Zoning Board of Appeals, at its April 5, 2012 Regular Meeting, voted on its own motion to re-open the pubb¢ hearing to consider additional facts not in the record concerning two pruicipal uses on the site and compliance with lot area requirements as set forth in the memorandum from the Planning Board to the Zoning Board of Appeals dated February 15, 2012 and other pertinent Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Headag April 5, 2012 2:00 P. M. - WILLIAM TONYES - 2:15 P.M.. GEORGE SCHNEIDER tion 280-13B(13)(a) total square footage Avenue (corner Willow Street), Cu- tchngue, NY. SCTMgl000-103-7-20 2:30 P.M. - BARRY ROOT #6559 - Request for Variance from ArticIe XXII Code SeCtion 280-116(B) based on an app¥~cation for building permit and ~the Building Iaspector's February 14, 2012 Notice of Disapproval con- cern~ng proposed partial demolition and reconstruction with additions to a single family dweiling, at; 1) less than the code required bulkhead setback of 75 feet, loc.~ted at: 6315 Indian Neck Lane (adj. to Richmond Creek) Peconic, NY. SC1'Mg~.000-86-6-20 2:50 P.M. . HERNAN MICHAEL OTANO/BREEZY SHORES) #6557 - Request for Variance from Article XXII1 Code Section 280-123 and the Building Inspector's December 12, 201~. updated March 6, 2012 Notice of Disapproval based on an application for building per- mit for demolition:and construction of a cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, strnc- rurally altered or moved; unless such buff(frog is changed tO a.oonforming use, locatgd at: #5.Breezy Shores Comm. Inc., Sage Blvd. (adj. to Shelter Island Sound) Greenport, NY. SCTMg1000-53-5-12.6 The Board of Appeals will hear ail persons or their representatives, desir- ing to be heaxd at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each heating will not start earlier than designated above. Files are available for review during reguIar business hours and prior to the day of the hearing. If office at, (631) 7654.809, or by email: Date&:April 9~ 20~ ..... · ONittG iIOAR~ OF,&BI~IgALS LESLIE KANES WEISMAN, CHAIR- PERSON . BY: Vicld Toth 54975 Main Road (Office Location) 53095 Main Road (Malling/USPS) P.O. Box 1179 Southold, NY 11971-0959 10.649-1T 4/19 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF POST1NG Regarding Posting of Sign upon Applicant's Land Identified as SCTMParceI#1000- [~Oc2~ z~ COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~1~¢(9~)h ~/~ ~/residingat'(,~ ~ ~/~ ~ ~] ~' ~ New~Y ~ ~ ~ ~ , ew ork, being duly sworn, depose and say that: Onthe ( dayof Y ~ ,201 ~I personally placed the Town's Official Poster, with the date of ~e~ing and nat~e of my application noted ~ereon, sec~ely upon my property, located ten (10) feet or closer from ~e street or right-of- way (driveway entr~ce) - facing the street or facing each s~eet or right-of-way entrance,* ~d that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be c~- (S~gn'atl3:e) ~ S_wom to before me, this Day of ~, 201 ~ ~ (Notary Public) VICI{I TOTH Notary Public, State of New York No. 01T06190696 * near the entrance or driveway entrance of my property, as the area most visible to passerby. · Complete items 1, 2, and 3. Alan complete item 4 If Restricted Dellv~y is desired. · Pflnt your nl~ and address on the ruverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space pe~Tnits. 1. A~tlcle Addressed to: ] Adclme~ee B. Received by ( Pdnte~ Name) I C~ p~te of De~ry D. Isdelive~addmssdiffem~flomlteml? [] Yes If YES, enter delivery address below: ~;~ No [] C,e~fled Mail [] Express Mail r'l Re~ r'l Return Receipt for Memhand[se [] Insured Mail [] C.O.D. 2. /~dcle Number Ps Form 3811, February 2004 Domestic Return Recaipt · Comlflete items 1, 2, and 3. Also complete Item 4 ff Res~cted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permlts. 1. Article Addressed to: C. Date of Delivery ~- D. Isdaiiveryaddressdffferent from Item 1'~ ~l~_~Yes ~> If YES, enter delivery address below: [] No [] C6~fled Mail [] Express Mail '__~ r-I Re~ r'l Retum Rsueipt for Mercl~andise ~'! [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Ex/fa Fee) [] Yes ~ ~ 2. Article Number ,q'rans fer from service/abe/) PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 If Resblcted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. f .o. cxx--r-ckt 6u tu y 1 0 Z If YES, eater delive~ address below: [] No [] Ce~ifled Mail [] Express Mail [] Regtstemd [] Retum Receipt for Mercha~lise I-I Insured Mail [] C.O.D. 4. R,%-tflcted Delivery? (Exb-a Fee) [] Yes 2. Article Number PS Form 3811, February 2004 Domestic Retum Receipt 102595~2-M-1540 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS (Name of Applicon?) ~. SCTM Parcel # 1000- lC~ Z~-~'o ~ COUNTY OF SUFFOLK STATE OF NEW YORK New York, being duly sworn, deposes and says that: Onthe [& dayof (~¥5~\ , 201~ i personally mailed at the United States Post Office in ~ hud LA-'D , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. ' - (§igm~ie) . Swom to b~this · J 0day of , 20 1 '~ (Notary Public) VICKI TOTH Notary Public.State of New York No 01T06190696 Qua~iad in Suffo k Count~ -~ Commis~i~a F. xpires July 28, 20 L__._C~ PLEASE list on thc 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. J OFFICIAL USE I C3 r~ orPOBoxNo. Postage C3 FU Postmark Here OFF APR 12 20 L...,..,.~,~M ~~;~ ...................................................................... ~ [[~ ClAL USE · Complete items 1, 2, and 3. AJso complete item 4 if Restflcted Delivery Is desired. · Print your name and address on tt~ reverse so that we can tatum the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: X [] Addressee B. Received by ( F~in~d Name] C. D~.e ~f Delivery [] ~ ~1 ~ ~ M~I 4. Res~icted Delive~/? (Extra Fee) [] Yes 2. Article Number (Trer~ fer from ~mv,~e/abe/) PS Form 3811, February 2004 Domestic Return Receipt BOARD OF APPEALS SOUTHOLD TOWN HALL 53095 MAIN ROAD P.O. BOX 1179 SOUTHOLD, NEW YORK 11971-0959 9562 9~99~ 0000 0~2.0 9~62 '~99~ ~0~0 O~LO