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HomeMy WebLinkAbout6485 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.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 18, 2011 ZBA FILE NO: SE 6485 SCTM#1000-63-1-23 NAME OF APPLICANT: Maureen Radigan / Peconic Land Trust, Inc. PROPERTY LOCATION: 44600 County Road 48 Southold, New York 11971 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 June 28, 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. PROPERTY FACTS/DESCRIPTION' Subject property consists of a single-family dwelling with accessory shed on a 36,286 sq. fl. lot. It has 110.00 feet of frontage on Middle Road (CR 48) (North Rd.) 338.91 feet on the east property line, 110.00 feet on the south property line and 338.91 feet on the west property line as shown on the survey dated March 26, 2011 prepared by Nathan Taft Corwin, III, LS. BASIS OF APPLICATION: Request for Special Exception per Code Section 280-13B(4), the applicant is requesting permission to convert existing office space to operate a nursery school RELIEF REQUESTED: The applicant proposes to convert the existing professional office space on the lower level into a nursery school and maintain the existing residential use on the upper level. ADDITIONAL INFORMATION: The owner of the subject property is Peconic Land Trust, who is the co-applicant for this Special Exception request. The Land Trust proposes to rent the building to the other applicant, Maureen Radigan, who will reside in the upper level apartment of the dwelling and operate a nursery school on the lower level. The Zoning Board received two Page 2 August 18,2011 ZBA File#6485 - Radigan CTM: 1000-63-1-23 letters in favor of the application. The Southold Town Planning Board has confirmed that site plan approval is not required on this application. 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 of the 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: The Board has reviewed the General Standards governing Special Exception uses set forth in Section 280-142 and finds: A. The use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The proposed nursery will occupy the lower level of a raised ranch house and replace a vacant chiropractor's office. The second floor will continue to be used as a residence. No new construction is being proposed. The school will comply with all New York State codes pertaining to nursery schools thereby providing a needed service to the community. B. The use will not prevent the orderly and reasonable use permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. The proposed nursery school is a permitted use in the LB District where this property is situate, also in the adjacent AC district located to east and south of this property. C. The safety, health, welfare comfort, and convenience or the order of the town will not be adversely affected by the proposed use and its location. Educational uses are inherently beneficial, and the proposed nursery school will promote rather than detract from the welfare of the community. D. The use will be in harmony with and promote the general purposes and intent of the chapter. ( See B and C above) E. The use will be compatible with its surroundings and with the character of the neighborhood and the community in general, particularly with regard to visibility, scale and overall appearance. The proposed use will occupy an existing structure. The size and operation of the school is modest as described in "A" above. F. All proposed structures, equipment and material shall be readily accessible for fire and police protection. The applicant is aware of the importance of safety for children and staff. The applicant has staggered drop off and pick up times to allow for safe traffic flow. BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Goehringer, and duly carried to GRANT~ the Special Exception permit as applied for. As shown on floor plan and the parking plan drawn by Maureen Radigan dated 6/15/11. Page 3 August 18, 2011 ZBA File#6485 - Radigan CTM: 1000-63-1-23 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), Homing, Goehringer, Dinizio, Schneider. this Reso{?, was Leslie Kanes Welsman, Chatrperson Approved for filing ~7~ / o~ /2011 ) SEE £ '~ SI',.::ON #~ DATE~ ~ //~ ! JUN 1 6 2011 BOARD OF APPEALS / s N ^ IN P. ooM SURVEY OF PROPERTY SITUATE SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C, TAX No. 1000-63-01-23 SCALE 1"=20' OCTOBER 5, 1990 MARCH 25, 2011 UPDATE SURVEY AREA = 36,286 sq, fl. CERTIFIED TO PECONIC LAND TRUST, INCORPORATED FIDELITY NATIONAL TITLE INSURANCE COMPANY RECEIVED JUN 1 $ 2011 BOARD OF APPEALS ~1'°¢ ~.o UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT 6UARANTEEB pREpAREO IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L IA L S I APPROVED AND ADOPTED FOR V YORK STATE LAND N.Y S Lic, No. 50467 Nathan Taft Corwin III Land Surveyor PHONE (631)727-2090 Fox (631)727-1727 COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE June 28, 2011 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman Chairman SARAH LANSDALE, AICP DIRECTOR OF PLANNING Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Penney #6484 Radigan #6485 Beime #6486 Shamgar Capital LLC (Buttacuco) #6487 Macco #6489 Casfiglione #6490 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 HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK Phone (631) 765-1809 (631) 765-9064 APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS. SOUTHOLD, NEW YORK: Applicant(s), H~r.~o~,,,/ ~d?~ " RECEIVED~ ~,~ BOARD OF APPEALS Application No. Date Filed: of Parcel Location: House No. ff~:~9 Street ~-- R. Contact phone numbers: 5lb -5 ,p - o2¢-2 SCTM 1000 Section ~ Block I Lot(s) Hamlet Lot Size ~l~k~_-~one District hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with ~ , ,~,~1~, SUBSECTION 13 the ZONING ORDINANCE, ARTICLE ~ SECTION for thefollowingusesandpurP0ses: to~ ~-to~/ '~ ~ ,~,S~/"S; as shown on the attached survey/site plan drawn to scale. Statement of Ownership and Interest: is (are) the owner(s) of property known and referred (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section ~3 , Block , and shown on the attached deed. The above-described property was acquired by the owner on /~q0r~l f~ ,90 II Lot B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to property or persons in the neighborhood for the following ~ C. The property which is subject of this application is zoned ~-1~ and [~s consistent with the use(s) described in the CO (attach copy), or [ ] is not consistent with the CO being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) ss.: STATE OF NEW YORK) lqt Sworn to befbre me this q dayof ~ ,20h . Q.~#, 01GOel;OO~ - ed In Suffolk Oount,t RECEIVED JUN ! $ 2011 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: flt~ tt~'*~--J~ ~.r 7 I. For Demolition of Existing Boilding Areas Please describe areas being removed: ~/1~ BOARD OF APPEALS Date Prepared: '"~t~' ~ t~O/I Il. New Construction Areas (New Dwelling or New Additions/Extensions): ~,OP~ Dimensions o£ first floor extension: Dimensions o£ new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Chaanges~ (anach extra sheet ifneeessaty) - Please describe building areas: rio ~h-~/ ~S Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from survey, or): Existing square footage of buildings on your property: Proposed increase of building coverage: ~ oO~- Square footage of your lot: Percentage of coverage of your lot by building area: ~ V. Purpose of New Construction: VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. b,}]~ 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED ls the subject premises listed on the real estate market for sale? Yes "X~No JUN 1 6 2011 Ar_,e t/here any proposals to change or alter land contours? /x, No Yes please explain on attached sheet. BOARD OF APPEALS 1.) Are there areas that contain sand or wetland grasses? 2.) Are those areas shown on the survey submitted with this application? 3.) ls the property hulk headed between the wetlands area and the upland building area? 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ti/) 0 Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? ~X/0~1 ~Please show area of the structures on a diagram if any exist. Or state none on the above line. Do you have an,, oonstmction taking place at this time concerning your premises "/~..~" ifyes, please submit a copy ofyour building ptermit and survey as approved by the Building Department and please describe:.~.~_ t::ff~C~ Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. G. Do you or any co-owner also own other land adjoining or close to thisparcel? n/e~- If yes, please label the proximity' ' ofygur l~nds on_your survey.,~ ~ ~/'~o,~W ~ ,5 H. Ple~ase list prese0t use 9yv,ope~i,~o~.~,~oJ~dudted at this parcel , tgt;:;o/(:~_ /_~rY~) Authorized signature and Date PROJECT I.D. NUMBER I 617.20 I Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor} SEQR '1 1. APPLICANT/SPONSOR 2. PROJECT NAME . 5. IS PROPOSED ACTION: [] New [] Expansion 10. DOES ACTION INVOLVE A PERMIT AI~PROVAL, OR FUNDING, NOV/OR ULTIMATELY FROM ANY OTHER G~VERNMENTAL AGEN~'Y STATE OR LOCAL.)? [] v. ~'.0 . ~, ,,.~ .~..~.) .~ ~m~t~o~,.~ RECEIVED JUN 1 C 2011 11. DOE~ ANY ASPECT OF THE ACT]ON HAVE A CURREN31.Y VAUD PERMIT OR AI~q~OVAL'/ [] Ye~l [~ No If ~ lilt agency ~ ~ pem~t/al~mval BOARD OF APPEALS 12. A~ A RESULT OF/I~ROPOSF-D ACTION W~LL I ~ ~AT THE INFO~ON P~D~ ~E I~ ~ ~ ~E ~ OF MY ~E 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 WILL ACTION RECEIVE COORDINATED REVIEW AS PROVID~:D FOR UNLISTED ACTIONS IN 6 NYCRR. PART 61763 If NC. a negahve :eclaraI~o~ WiLL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTIC~ THAT CAUSED THE ESTABUSNMENT OF A CEA? IS THERE, OR IS THERE LIKELY 3'0 BE, CONTROVERSY REI-ATED TO POTENTIAL ADVERSE ENV/RONMENTAL IMPACTS? [] Yes [] NO If Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) Each effect should be assessed in connection with Its (a) setting (i.e. u~'ben er rural); (b) probability of occurring; (c) duralion; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessa~/, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail lo show that ell relevant adverse impacts have been identified and adequately addressed. If- - Question D of Part II was checked yes, the determination aed significance must eValuate the potential impact of the proposed action on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse ifff'lS?CtS which MAY occur, Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED JUN 1 6 2011 BOARD OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural districa 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 of Applicant: ~(2~ d/~/~//// ~ , 2)AddressofApplicant: ,~, )/~O/q~/TtlA~?[~t/V/ ,~. ff:~fv/~f)F4~d ~/Vl/E/qO' 3)NameofLandOwner(ifotherthah.applicant): J~C>F' F~tC Iq /~. IZ ~ ,~?,4 7~/z~ " 4) Address ofLand Owner: .9a/¢..{-~--,¢~. ~ I~.a~-,...-q~ .-.~.' ,,.,~, /o~t 5) Description afProposcd. Proje~t: C.[,~ ~L~e.. ~ o4~.,_d~;rw?~,t*s¢,~& Jf-r~ ~ 7) Is the parcel within an agricultural district? ][~o I--lYes If yes, ^gricultural Oistrict Number 8) Is this parcel actively farmed? ]~'No I-lYes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name..~qt Address 2. (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 or the Zoning Board of Appeals at 765-1809. Signature of Applicff~f Date Note: 1. 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 heard to the property owners identified above. The cost for mailing shall ~ paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is ant complete and cannot be acted upon by tbe heard. 1-14-09 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: ~,~dl"O,'~4t . J~ff b//re,~/I A , (Last name, first m/me, mfddle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception If "Other", name the activity: BOARD OF APPEALS Change of Zone Approval of Plat L 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. Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: ~ 0/q ~ Title or position of that person: F~ ~///~ Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): ~ A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); [ ] B) the legal or beneficial owner of any interest in a non-corporate entity 1 (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 Signature: Print Name: APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM JUN ] 6 BOARD OF APPEALS ']'he Town of Soathold's Code of Ethics orohibits conflicts of interest on the nert of town officers and emolovees. The oumose of this form is to orovide information which can alert thc town of oossible conflicts of interest and allow it to take whatever action is necessary to avoid same. (l~ast name, first name, middle initial, unless you are applying in thc name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (Ir"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? ",Relationship" 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 owmership of{or employment by) a corporation in which the town officer or employee owns more than 5% oftbe shares. YES NO If you answered "YES". complete the balance of this form and date and sign where indicated. Name of ~erson employed b~ the Town of Southold Title or position o f that perso~ Describe the relationship between yourself(the applicanl/agentIrepresentative) and tile town officer or employee. Either check the appropriate line A} through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check alt that apply): Al the owner of greater than 5% of the shares of the corporate stock of the applicant {when the applicant is a corporation); !: RECEIVED B) the legal or beneficial owner of any interest in a non-corporate entity (when the ~ applicant is not a corporation); · __C) an offiner, director, parmer, or employee of the applicant; or 'JUN1 6 2011 __D} the aclual applicant DESCRIPTION OF RELATIONSHIP BOARD OF APPEALS Form TS I Submitted this I~ay of~l~20~~ Signature ~.~" -- Print Narae ~'~'-~. ~ Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial perrnits 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 necessmy, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [~ Building Dept. [] BoardofTrustees [] 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: Nature and extent ofaction: ~,~5~Ld~A,~/ ~ / Site acreage: Present land use: ~' (' d ~---~'J~Lt /' Present zoning classification: /.--~.~ If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: ~f~J]g~-~) 4 , ~,/:hO,'/'~ ,~ (b) Mailing address: (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No.'~/~ If yes, wh ch state or federal agency?_ ~VELOPED COAST POLICY~ Policy 1. Foster a pattern of development in the Town of Sonthold that enhances community character, · preserves open space, makes efficient use of infrastructure, makes beneficial use cfa coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessaw Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [~ Yes [~ No [] (Not Applicable- please explain) A~ach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [~ Yes {~ No [] (Not Applicable - please explain) Atlach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] (Not Applicable- please explain) Aaach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] (Not Applicable- please explain) Aaach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes ~ No [] (Not Applicable- please eXPlain) Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [~ Yes [~ No [~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] (Not applicable- please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section Ill - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No [] (Not Applicable - please explain) Attach additional sheets if necessary 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 56 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No ~ Not Applicable- please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [~ Yes [~ No [] Not Applicable- please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section Ill - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [] Not applicable - please explain PE ONIC LAND TR{ ST June 14, 2011 Zoning Board of Appeals Town Hall Annex Building 54375 Route 25 PO Box 1179 Southold, NY 11971 Re: Special Exception Application for 44600 County Road 48 (SCTM# 1000-63-1-23) Dear Members of the Zoning Board of Appeals: The Peconic Land Trust authorizes Maureen Radigan to act as agent for the special exception use application for the lower level of 44600 County Road 48, further identified as SCTM# 1000-63-1-23, which was acquired by the Peconic Land Trust on April 13, 2011. Please don't hesitate to contact me at (631) 283-3195, ext. 22, if you need anything else in connection with this application. Sincerely, Stephen Searl Project Manager RECEIVED JUN 1 6 Z011 BOARD OF APPEALS 29611AMPTON ROAD I P.O. BOX1776 I SOUTHAMPFON, NYl1969 I TEL:631.283.3195 I FAX 631.204.0711 www.peconidandtrust.org 11:31 631 FOl~ NO. 4 TOW~ OF SOUT~OLD BUILDING DEPARTMENT Office of the Buitdlng Inspector ~wn ~all ~thold, N.Y- CE~TIFICA~ OF OCCUPANCY Date Subdivisio~ FIi~ Nap go..__ 1993 ALT~qATIO~ conforms substantially to the Application £or Building permit herstofo~ ~il~d 1~ t~s office dat~ ~ 13~ 1992 ~ur~t to which ~il~g Pe~t ~. 21096-z ~ated ~ 20r 1992 was issued, ~ ~nfo~ to all oE ~e r~lr~ts of ~e ~c~ p~laio~ of ~e ~w. ~ ~p~cy for w~ ~s ~te is The certificate ia .issued to LI~ B. ~ (~r) RECEIVED JUN 1 $ 20~1 BOARD OF APPEALS RECEiVeD JUN I $ ;~011 BOARD OF APPEALS SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instru~nent: DEED Nun%her of Pages: 4 Receipt Number : 11-0046555 TRANSFER TAX NUMBER: 10-19454 District= 1000 '~eed'Amount: Recorded: At: LIBER: PAGE: Section: Block= 063.00 01.00 EXAMINED A~D CHARGED AS FOLLOWS ....... ~4~,'000'.00' 04/22/2011 11:47:05 AM D00012657 905 Lot: 023.000 Received the Following Fees For Page/Filing $20.00 COE EA-CTY $5.00 TP-584. $5.00 Cert. Copies $0.00 Transfer tax $1,676.00 TRANSFER TAX NUMBER: 10-19454 Above InstrLtn%ent Exempt NO Handling NO NYS SRCHG NO EA-STATE NO Notation NO RPT NO Co~n. Pres Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Exempt $20.00 NO $I5.00 NO $250.00 NO $0.00 NO $30..00 NO $5,380.00 NO $7,406.00 JUDITH A. PASCALE County Clerk, Suffolk County TORREN~ Deed, Mortgage Instrument RECEIVED JUN l $ ~*,1 BOARD OF APPE D~ed ? Mortgage Tax Sta~ FEES UA-S2 17 17:'., ~2 7 (State) R.P 'i Ced tied ( opy Reg Copy Sub TOtal 50Q. Sub Total GRAND TOTAL [)ate tmuals ~al ProperTy Tax Servi~e A~y Verification t~st Section B I~k 11008611 zooo o,3oo ozoo 023000 Lot S, atisfactlol3sDtJIscnltrgeso~.eleases List Iq'opcrty Owners Mailing Add~., RECORD & RETURN SOS~ lt]THS, ESQ. 33 Flying Point ~d, Suite 101 Smothampton, )N 11968 Recording ~ Filing. Slamps Mortgage Amt. 1. Basle Tax Sub TOtel Spec./^~sit. Or TOT, MTG, TAX Dual To~m.__ Dual Co Held for Apptmitmmenl ~ion T~ ~e pm~ ~vered b) thus will be im~oved by a one or t~o YES or N ~ ............. If NO, s~ appropri~ tax clause _. of ~{~ instrument. Community Preservation Fund ¢acant Land /'o FD TD lhis page tbnm pan of the attached LISA B. CO~cEY TO PECt~IC Lt¢~; TRUSI, I~C~PO~TED Title Company Information Co. Name ~ T'b¢ -~'~ L Title ti & Endorsement B( )Xl/S 5 []IRU 9 MUSFBETSTED OR PRINTED IN BD\CK INK ONLYPRIOR TO RE(.'ORI)INGOR HI,lNG (OVER) USEO 5Y LAWYERS ONLY CONSULT YOUR LA;~NYER BEFOf[E ~NING ~ i~JENT-~S IN~E~ THiS INDENTURE, madethe t ~ day of April, 2011 BETWEEN LiSA B, COWLEY~ reSiding at t71 Lake Roadi Guilford, NY 13780 party of the first ])art, and Pecani¢ Land Trust, Incccporated, with offices at 296 Hampton Road, Southampton, NY 11969 party of !he second part. WlTNESSETH, that the party of the firsL.~, in considerS[on of TEN and nollO0ths ($1000) dollars paid by the party of the second part, does hereby granll and re[eaSe un~o the pith/of the second part, the heirs or successors arid assigns of the party of the seCond part forever, ALL that certain plot, p~ace or pome[ of land, with the buildings and improvements thereon erected, sttua~. lying and being in the BEING AND INTENDED TO BE t~ Same promises con~ to t,he;~ of the first pm-t by deed made by Robert We[leer, as EXeCU~r of the ~$t Will and Testament of Leone M; Patron dated November 8, 1992 and recorded in the suffolk COUntY Clerk's Office on November 17, 1992 in Lil:~r 11573 Page 526, TOGETHER with al! right, flue and interest, if any, of the party of the first part. in and to any streets aaa roads abufl~ng the above described promises to rite center llne~ thereof; TOGETHER:with the appurtenances and ail tee estate and dgllts Of the party of the first part In and fo said premises; TO HAVE AND TO HOLD the )remises herein granted unto the party of the second part. the heirs or successors and assigns of the party of the second ~rt forever. AND tee party of the first part covenants that the p~rty of the first part has not ~:tone or suffered anythincj whereby the said ~remises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part. in compliance with Section 13 of the Lien Law. covenants that the party of the firs[ part will receive theco~sideration for this conveyance and will hold the right to rec, elve such consideration as a trust fund to be applied first for the purpose of paying the cost of the kllprovemant and will apply the same first to the payment of the cost of the ~mprovement before uslr~ any part of the total of the same for any other purpose. The word "party' shall be ccmstrued as if ~t read '-~" whertever the sense of this indenture so requires. IN WITNESS WHEREOF. the party of the first pact has duly executed this deed the day and year first above written BOARD OF APPEALS iN PRESENCE OF7 ~CLA[iGHLIN; her agent Onthe '~ ~ dayof April ~ntheyeet20~l Onthe ~yof int~year pe~na!ly k~ to me or ~ ~ ~ ~ [~ ~is ~ ~O~J[Y k~ ~ ~ or proved ~ ~ on ~e ~sis satmt~to~ ev~en~ to ~ ~e ~vM~i[s) ~ name{s) is ~ ~e ~ ~ ~e indirect(s) ~o~ n~e(s) (are) sub~i~d ~ ~ w~n Y~ and ~ ~ (~e) ~s~b~ m *~ wi~ ~t~ent ~ ~a~ me t~ he/s~y e~ted ~ ~ ~ h~h~eir ~ ~[ ~ ~ ~e same in his~be)r capacity(las}, ~nd that by h~tr ~(s) O~ ~ ~). and ~t by h~ir s~(s) ~n ~e ~nd Mdual~s) ~ed, ex~ ~e ~ns~t. ~e ~d~Ual(~) a~, e~ ~e (~ig~t~m e~e ~ inCUbi ~ ~o~e~m~) {S~na~m and ~ ~ ind[v~ ~g ~k~ment) NOTARY PUBLIC ~Y ~ 01~ TO BE ~ ~LY ~EH ~E A~GM~ iS ~! S~n~e (or District o) CoI~, Te~, o; FOm~ Count~) of personal~y kno~ ~ me or ~ ~ ~ on t~ ~ of ~ ~ ~ ~ t~ i~t~l(S} ~ naa(s) ~s subscdb~ to t~ w[~in ~nt ~d a~ ~ ~ ~at ~fs~ ~u~ ~e~ ~ hi~eir ~(~s). and ~xecu(ed ~e in~m~L ~ ~at such tnd~v~ ~e such ~n~ ~ ~do~n~ inth~ [{~ th~ C~y OK ~er p~ilica) $~ion) (a~d J~ ~Sm~ ~' C~unt~ ~ ~her p~ce~ a~l~gn~t was (s~gnature andre ~:ind~ual ta~ng ec~J~owle~lm ent ) BARGAIN AND SALE DEED WiTH COVENANT AGAINST GRANTOF('S ACTS Title No. LISA B, COWLEDY TO PECONiC LAND TRUST, INCORPORA~D DISTRICT 1000 SECTION 063,00 BLOCK 0t zOO LOT 023~000 COU~ OR TOWN STREET ADDRESS Recordect at Request o~ COMMONWEALTM LAND TiTLE !NSURANCE COMPANY REVURN BY MAIL TO: SU~ TUTH.S, ESQ~ 3:) Fyng p01n[ ~di $4 t01 ~thampion, NY 11988 RECEIVED JUN 1 BOARD OF APPEALS FIDELITY NATIONAL INSURANCE COMPANY TITLE NO. F.! 1 -~40~-81473SUFF SCHEDULE A-1 (Description) ALL that certain plot piece or parcel of land, situate, lying and being at Southold, in the Town of Sou~hold, County of Suffolk and State of New York, bounded and described as follows; Beginning at a point on the southerly side of Middle Road, C. R. 48 (North Road) distant 782.35 feet westerly as measured along southerly side of Middle Road c. R. 48 (North Road) from the westerly end ora curve connecting the southerly side of Middle Road C. R. 48 (North Road) with the westerly side of Youngs Avenue (Railroad Avenue) said point of beginning being the northwesterly comer of land now or formerly of John Ross; Running Thence land now or formerly John Ross South 9 degrees 37 minutes 50 seconds East, 338.91 feet to a point and land now or formerly Chamews; Thence South 67 degrees 06 minutes 40 seconds West along last mentioned land 110.00 feet to a point and land now or formerly Wallace; Thence North 9 degrees 37 minutes 50 seconds West along last mentioned land 338.91 feet to the southerly side of Middle Road, C. R. 48 (North Road); Thence North 67 degrees 06 minutes 40 seconds East along southerly side of Middle Road C.R. 48 (North Road) 110.00 feet to the point or place of BEGINNING. JUN 1 6 BOARD OF APPEALS THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property, FOR CONVEE4NCING ONL ~' Together with all the right, title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining said premises. SCHEDULE,4-1 (Descrt~otion) Rev. (03/04) ,/~- ~, ~-1~~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET' /-.i//.~ ~,~) O VILLAGE DIST: SUB. lOT .FOPJ~ER OW-NrC,' I E ACR. L ~D IMP. TOT~ DATE RE~ JGE BUILDING CONDJT[ON N~V NORMAL BELOW ABOVE FA~ Acre Value Per J Value Tillable FRONTA~E ON WATER V~o~land FRONTAGE ON ROAD ~}~ ~ ' ~ ~ m ~ ~ ~ ~ ~ o MeadowI~d DEPTH ~ Total D~K COLOR · TRIM M, Bldg. Exteneian E~t~nsian E~-~ension Porch J~reezeway ~' rage Foundation Ext. Walls Fire Place Bath F[oors ~nterior Finish Type'Roof Reams 1st FJaor Patio Recreation Room RoOms 2nd Floor ~). B. DtJvewcy / "~. j DJneH-e 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 23, 2011 Zoning Appeal No. 6485 Transmitted herewith is Zoning Appeals No. 6485 of Maureen Radigan for Peconic Land Trust~ Inc.- the Application to the Southold Town Zoning Board of Appeals for Special Permit. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Authorization Letter from Peconic Land Trust to Maureen Radigan to Represent Them in this Matter, Two Pages of Copy of Property Record Card, Drawing of Floor Plans for Nursery School, Copy of Survey of Property Dated March 26, 2011 Prepared by Nathan Taft Corwin III Land Surveyor, Copy of Certificate of Occupancy No. Z- 22371 for Alteration to Existing Dwelling for Chiropractor's Office Dated June 3, 1993, Five Pages of Recorded Deed Dated April 22, 2011. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 06/20/11 * * * RECEIPT * * * ReceiptS: 106809 Transaction(s): 1 1 Application Fees Reference Subtotal 6485 $1,200.00 Check Total Paid: $1,200.00 Name: Radigan, Maureen 44600 County Road 48 Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6485 August3,2011 To Whom It May Concern: It is my pleasure to write this letter on behalf of Maureen Radigan. Over the past year that Maureen has been part of our children's lives, she has proved to be a passionate educator, who my children adore. My wife and I, like many other parents on the North Fork, are excited for the opportunity to provide our children with the warm, nurturing, educational environment that Maureen's preschool has to offer. Having seen, first-hand, my children work with Maureen in the Waldorf home schooling cooperative that my wife established with four other families, it is evident that she is a confident and capable teacher, who is loved by our children and all of our families. My wife and I look forward to nothing more than sending our son, Greyson to school with Maureen in the fall. GregoryM. Gunder Claire & David Jannuzzi 580 L'Hommedieu Lane Southold, NY 11971 August 3rd, 2011 To Whom It May Concern: We are writing to share with you our complete support of Maureen Radigan in her venture to bring a new pre-school into our community of Southold. Last school year we were fortunate to be beneficiaries of Maureen's wonderful, child-centered approach to education which had broad-ranging benefits too numerous to mention for our son, Jude (5). I was part of a group of five mothers who began a home-schooling co-operative in September of 2010. We were very fortunate to meet Maureen in the early part of 2011 and have her work with us and our children for the last several months of the school year. She has a strong intuition and instinct for the children she is working with and has the perfect balance of warmth and firmness that children need to thrive. We could not be happier with her and what she has given to our son in his first year of a pre-school experience. I cannot express to you how grateful and excited we are by her taking the next step and broadening her horizons and those of the children of our community and bringing her unique talent for early childhood education to our beautiful Southold. Diversity is at the very core of what this great country was founded upon, and to have diverse educational offerings within our town can only enhance our community as a whole and invite our children, the next generation, to be tolerant, creative and relevant to this fast-changing world around us. Please do not hesitate to contact us if you need anything further from us. We will do anything we possibly can to support Maureen in her venture with The Child's Garden. It will be of great benefit to many Southold residents. Thank you for your time, Yours truly, Claire ,annuzzi ~d~~~ (631) 765-5479 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Horning 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.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, 20tt 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 t t 97t-0959, on THURSDAY~ AUGUST 4~ 2011: 11:15 AM - MAUREEN RADIGAN (PECONIC LAND TRUST~ INC.) #6485 - Request for Special Exception per Code Section 280-13B(4), the applicant is requesting permission to convert existing office space to operate a nursery school at: 44600 County Road 48, Southold, NY. SCTM#1000-63-1-23 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vic ki.Tothi~,Town. Southold.n¥. 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 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. Principal Clerk Sworn to before me this LEGAL NOTICES 10:15 AM - LISA AND DAVID ~ - Request for Vari- anccs from Article XXIII Code Section 280-122 and the Building Inspector's May 10, 20~1 Notice of Disapproval based on a building permit application for additions and altera¢ons to ~t non- conforming 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 10~30 AM . MICHAEL E, AND ~ - Request for Variance froth Article XX. III Code Sec* don 280-124 and Article Iff Section 280- 15 and the Building Inspector's June 1, 2011 Notice of Disapproval based oh an application for building permit to ¢on- fft~¢I a-deck and shower addition and accessory ga~g~.additiordaheration at i) front and rear yard. se~ack of le~s than the code tecluired 35 feet, 2) side yard setback of more than the code requh'ed 10 feet, 3) iot 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 than the code ,r~t,~Jl 3 feet, located at: 55 Fay Cour~ (adj. to Right of Way) Mattituck, NY. SCTM#1000-123.5-17 10:~0 AM - PETER AND ~- Applicant re- quast a Special Exception under Section 280-13B(I4). The Applicant. ii the owner requesting anthodzation to establish an Accessory Bed and Breakfast, acces- sory and inddental to the residential occupancy in this single-family dwelling, with four (4) b~drooms for lodging and erty:. 25~0 Peeon~ Lane Peconic, NY per ~ ~ection ~3B(4), the appli- ' cry ~chool at: 44600 County Road ~8, day of ~c~ LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY AUGUST 4, 2011 PUBLIC HEARINGS NOTICE L~ HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town !)f Southold, the fdilowing public hear- mss will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box 1179~ Southdid, New York 11971-0959, on THURSDAY AU. GUST 4. 20] 1: ~30 AM . DERORAH PENNEY #6484 - Request for Variance from Code Article XXII Section 280-116 and 280- 124 and the BuiIding Inspector's June 3, 2011 Notice of Disapproval based on an application for building permit for demo and new construction of a single family dwelling at: I) leas 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: I60 Sailors Needle Road, (adj. to Jones Creek) Mattimck, NY. SCTM#1000-144. 5-26 ~'~0 AM - SHAMGAR CAPITA! L~.C fDANIEL BUTI'AFUOCO} #64.~7 -Request for Variances from Ar- i 0cie XXII Code Section 280-116 and Ar- j tide 111 Section 280-14 and the Building June 9, 2011 Notice of Disapproval based on an application for building permit for reconstruction 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 of 21/2, located at: 1165 Kimberly Lane ( adi, to Southold Bay) Southold, 1'~ SCTM#1000-70-I3-20.7 2011. of Disapproval based on an ap!~icatinn for 51tilding permit to rgonstmetinn a~o~ garage at: 1) lass'~ ~e ~de requked ~oot yard setba~ of 35 feet, 2) Ic~ ~an ~e ~e ~qu~ ~de y~d set- ba~ nf 20 Feet, 3) mo~ requ~d m~um h~t of ~ ~et, l~d at: 950 O~ ~e~k, aka ~u~e~e's CHRISTINA FOr NOTARY PUBLIC.$Tf~,, EW YORK NO. 01-' '_ a0 L1~30 AM. ~am j~ ,. ~ County fidl ~II ~ ~n ~15 ~d ~ C~ov~ He~n~ ~nfinued from Bud~glns~or's~y~7~ll No~ prior m~ ~d ~nd~g ad~fional 1~ AM . T.~ R NO~T~[ F~.~-~O~. Request for Veri- Adjourned from Public Hear ag Ju~e 2,2011: L'00 PM - BLACKLEy #64~8 Code Se~tinn 280-124 and the Building Inspector's May 16, 2011 Notice of. Dis- approval based on an application for a single family dwelling at 1) side yam I5 feet, located at; 2195 Ruth Road, Mattituek, NY. $CTM#I0~0-106.7.5 om A'rt. X, Code Section 280-46 (Bulk Schedule) and the Building Inspector's February 16, 2011 . Notice of Disapproval based on an ap- plication for building permit to construct a new building on a lot with an existing building at; 1) less than the required lot raze of 40,000 sq. ft. for two buildings with four (4) uses, 2) less than the code required minimum side yard setback of 10 fe~, located at: 535 P/kc St., aka Rail- road Ave., Mattituck. NY. SCTM#1000- I40-2-20. Zone I-~ The Board of Appeals will hear all ~ers.~ns or their representatives, desir- before the conclusion of each hearing. Each hearing will not start earher than des!gusted above. Fdes are available for and prior to the day of the bearing. If office at, (631) 765-1809, or by eraail: ~SouthoJ~g us. ~ated: .inly 8, 2011 ' ZONING BOARD OF APPEALS · LESLIE KAN~8 WEISMAN, CHAIR- PERSON BY: Vlcld Toth 54375 Main Road (Office Location) 53095 Main Road (Mafling/USPS) P.0. Box 1179 1_(~ ...~. T 7/28'Southold, NY 11971-0959 ZONING BOARD OF APPEALS (~ 495 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: h~p://southtown.north fork.net July 8, 2011 Re: Town Code Chapter 55 -Public Notices for Thurs~L~y, August 4 2011 ~earing , 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 etter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranflements were made in either a written statement, or durin.q tho hearin.q, providin.q 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 Mailinq (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 applicantJagents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before August 2, 201'1. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls, NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME MAP # RADIGAN, MAUREEN (PECONIC LAND TRUST) 63.-1-23 #6485 VARIANCE Special Exception REQUEST Nursery School DATE: THURS, AUG. 4, 2011 11:15 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 TOWN OFSOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of Applicants) Qb SCTM Parcel # 1000- AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK STATE OF NEW YORK I, ['~~ [2. cc6~tZ C.c ~ residing at New York, being duly sworn, deposes and says that: On the I ~ day of ~-~ , 20 [/, I personally mailed at the United States Post Office in , 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. / - (Signature) Sworn to before me this /~ day of ,.~-~ ,20(/ (Notary Public) VlCKI TOTH Notary Public.Stato of New York I%. 01T06190696 Qualified in Suffo k County Commission Expires July 28 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. OFFICIAL USE $ $5.59 Postage Certified Fee $0,~ '12.85 D Return R~eipt Fee (Endorsement Required) Restricted Delivew Fee (Endorsement Required) J3 ~ Total Postage & Fees ~- or PO Box No. · Complete items 1, 2, and 3. Also somplete item 4 if Restricted Dellve~ is desired. · Print your name and address on the reverse so that we can retum the cerd to you. · Attach this card to the back of the mailpiece, ~ or on the front if space permits. D. Is dellvay address different ft~m item 1 ~ If YES, enter dell~ry address below: r-i No ri I~pm~ M~il ,, l-I Return F~!~ceIpt f'o¢ Merchandise [] C.O.D. I-1 Insured Mail 4. Restricted Delivery? (Ex~a Fee) [] Yes 2. Article Number ~om~ 7010 1060 0001 1567 7840 i ' PS Form 3811, February 2004 Domestic Return Receipt 1O2503.-02-M-1540 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING (Name of Applicants~ Regarding Posting of Sign upon Applicant's Land Identified as scm Parcel 1000- b -- COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~t~/'&g.~/~4~e~_ residingat ,~'~ ~rJ~¢t~,~,?~l&/~9 On the / ¢ day of ~ ,2011 ,I personally placed the Town's Official Poster, with the date of hc°/tring and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster '~--¥~/ has remained in place for seven (7) days prior to the -- date of the subject hearing date, which hearing date was shown to be . _ _ -(signature) f Sworn to before me this l~ayof ~ , 201[ (Notary Publicf VICKI TOTH Notary Public, State of New York No. 01TO6190696 Qualified in Suffolk County ! ~'~ Commission Expires Jutv 28 20 [. U * near the entrance or driveway en,trance of my property, as the area most visible to passerby. ~· Complete items 1,2, end 3. Also complete item 4 if Restricted Delivery Is desired. · Pdnt your name and address on the mveree so that we can return the card to you. · Attach this card to the back of the mailpleca, or on the front if space permits. 1. Article Addressed to: 2. Article Number PSForm3811, Febma~2004 A. Signa~m x B. Received by (PSnted/~ D. Is dallve~ [] Yes ff YES, ~ No ~ Registered [] Rettzm Recalpt for Mercha~llse [] Insured Mall [] C.O.D. 4. Restricted Delivery? ~ Fee) [] Yes 7010 1060 0001 1567 7833 · Complete items 1,2, end 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ?.o. 2, Article Number PS Form 381 1, February 2004 [] Agent D. IS delivery address d' ff YES, enter deli ~ Type ~1~'~.~ [] Return Reualpt for Merchandise [] Insured M~il [] C.O.D. 4. Restfloted Delivery? (Ex/m F~e) [] yes 7010 1060 0001 1567 7826 Domestic Return Receipt .~eS-O2-M-1540 · Complete items 1,2, and 3. Also complete it~rn 4 If Restricted Delivmy 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. 1. Article Addressed to: 2. Article Number (Transfer ~om sew/ce ~e/) PS Form 3811, February 2004 D. Is dalivery addres~ different from item 17 ff YES, enter delivery address below: [] No 7010 1060 0001 1568 0963 3. ,lt~i~J~lifledMall [] F_%p~ Mall [] Registered [] Retum Receipt for Memhandise [] Insured Mall [] C.O.D. 4. Restricted Delive~/? ~ Fee) [] yes 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.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 June 16,2011 Maureen Radigan 376 Montauk Hwy. Eastport, NY 11941 RE: Special Exception application request Dear Ms. Radigan: I have reviewed your request to be scheduled for a public hearing before the Board of Appeals on July 7, 2011. While we would like to be able to accommodate you with an expedited calendar date, our docket is already completely full for July. Once our office has received your completed application for a Special Exception, we will place you on the next available public hearing date. Please contact our Board Assistant Vicki Toth should you have any questions or if we can be of further assistance. Leslie Kanes Weisman Chairperson/Department Head 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.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 June 17,2011 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6485 Action Requested: Within 500 feet of: Owner/Applicant: Radigan Special Exception - Nursery School (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson 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 SOUTItOLD 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 Maureen Radigan 376 Montauk Highway Eastport, NY 11941 Re: Special Exception #6485 Dear Ms. Radigan: 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 a Special Exception. Before commencing any activities, a building permit approval is necessary. Please be sure to submit a copy of this determination to the Building Department. If you have any questions, please call the office. Vicki Toth Encl. Cc: Building Dept.