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HomeMy WebLinkAbout6437 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 / FINDINGS, DELIBERATIONS AND DETERMINATION ~Lo~(..rg~. ~ ... MEETING OF AUGUST 18, 2011 -. .. --,~-'~-~t' . ,_~.~ out old'Town Cl'erk--- ZBA FILE No.: 6437 NAME OF APPLICANT: TK Alpha, LLC PROPERTY LOCATION: 535 Pike Street, aka Railroad Ave., Mattituck, NY SCTM#1000-140-2-20 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 November 9, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is not subject to review under Chapter 268 because does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: Subject property consists of 11,561 sq. ft in the Hamlet Business zone and is improved with a one-story brick and block building. It has 72.61 feet of frontage on Railroad Ave., (Pike St.), 132.99 feet along the western property line, 89.06 feet along the southern property line and 159.16 feet along the eastern property line as shown on the survey dated February 10, 2011 prepared by Peconic Surveyors, PC. BASIS OF APPLICATION: Request for Variance from Art. X, Code Section 280-46 (Bulk Schedule) and the Building Inspector's February 16, 2011 Notice of Disapproval based on an application for building permit to construct a new building on a lot with an existing building at; 1) less than the required lot size of 40,000 sq. fi. for two buildings with four (4) uses, 2) less than the code required minimum side yard setback of 10 feet. RELIEF REQUESTED: The applicant proposes to construct a new commemial building on the property in addition to the existing building. The lot size is 11, 561 sq. ft. where 40,000 sq. ft. is required per code for the proposed two buildings with four uses and a side yard setback of 5 feet where the code requires a 10 foot minimum side yard setback. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on February 17, 2011 submitted a survey increasing the side yard setback from the original proposal of 1 foot with total side yards of 22 feet to 5 feet with a conforming total side yard, the original front yard setback of l0 feet to a code conforming 15 feet and the requested 5 uses to 4 uses. Additionally, the applicant on March 9, 2011 submitted a plan decreasing the size of the proposed new commercial building. ADDITIONAL INFORMATION: The Zoning Board requested comments from the Planning Board for the original application and on January 4, 2011 received a memo stating the proposed intensity of the development would be a substantial relaxation of the code, approximately 142%. The Planning Board recommended the area Page 2- August 18,2011 ZBA File#6437 TK Alpha, LLC CTM: 1000-140-2-20 variances be denied or substantially reduced, since they feel the applicant could easily comply with Code, Zoning and Bulk Schedule requirements. On April 22, 2011 the Zoning Board received a parking analysis of the Love Lane, Mattituck Hamlet center from Heather Lanza, AICP, Planning Director of Southold Town in summary stating the existing public parking is adequate for the existing businesses and any new buildings located in this vicinity should be required to provide most if not all of their parking on-site. The Zoning Board requested from the Planning Board comments on the revised plan submitted from the applicant. In a memo dated April 26, 2011 the Planning Board stated that the overall concern is the intensity of development proposed on the substandard lot, because it could does not meet the required on-site parking, nor do they support the use of the existing building as a second principal building. Furthermore, Planning would support 20% landscape coverage and a 5 foot side yard setback. Additionally, the Zoning Board received two letters against the proposed application stating objection to the overdevelopment of the small lot and parking concerns. At the Public Hearing on August 4, 2011 the applicant stated his willingness to remove the two units of affordable housing on the second floor of the proposed new building in order to retain the existing building on the subject property for rental income. However, the Board pointed out that the difficulty was not the height or uses proposed in the new building but rather the presence of a second building on the small lot, which would further reduce the required on-site parking. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 6, 2011, Mamh 3,2011 and 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). Grant of the variance of will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposal is too ambitious for such a small lot and the intensity of use proposed would cause.an increase in demand for parking in the district which is already at the maximum capacity. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than area variances. The applicant could reduce the amount of relief requested by eliminating the existing building and constructing a conforming building with on-site parking. 3. Town Law §267-b{3)(b)(3). The variances as applied for in the amended application are still substantial representing a 142 percent relief from the code requirement for the proposed two buildings and a 50% relief for the 5 ft. side yard. 4. Town Law ~267-b(3)(b)(4) Evidence has been submitted to suggest that a variance in this community will have an adverse impact on the physical or environmental conditions in the neighborhood. A study conducted by the Planning Board and submitted into the record indicated that the available public parking in this business district is at the maximum capacity and this proposal would further cause an adverse impact to the existing business owners in the surrounding area. 5. Town Law $267-b(3){b)(5). The difficulty has been self-created. The applicant's choice of requesting two buildings on this very small lot creates the need for such substantial area variances. 6. Town Law §267-b. Grant of the requested variances would not be the minimum action necessary and adequate to enable the applicant to enjoy the benefit of their property and would not preserve or protect 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 Dinizio, seconded by Member Homing, and duly carried, to Page 3 - August 18, 2011 ZBA File#6437 - TK Alpha, LLC CTM 1000-140-2-20 DENy, as applied for with out prejudice. As shown on the survey dated February 10, 2011 prepared by Peconic Surveyors, PC. Vote of the Board: Ayes: Members Weisman (Chairperson), Horning, Goehringer, Dinizio, Schneider. This Resolution was duly adopt?d (5 -0). Leslie Kanes Weisman, Chairperson Approved for filing ~//~ /2011 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEZVED NOV ZOIO BOARD OF APPEALs THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING November 9, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chairman Dear Mr. 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 Andrade Cavallo & Abramchik TK Alpha LLC MunidpalFfleNumbers #6435 #6436 #6437 TRaK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 ~LANNING BOARD MEMBERS MARTIN H. SIDOR Chair WlLL~ J. CREME~ ~NNETH L. EDW~DS J~ES H. RICH III DON~D J. ~LCENS~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Re: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals Martin H. Sidor, Chair n Members of the Planning Board April 26,2011 Request for Comments for TK ALPHA LLC SCTM#1000-140-2-20 ZBA# 6437 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 APR 2 6 2011 The Planning Board received your request for comments on the revised plans submitted in February, 2011 for the application referenced above. Generally, the proposed use of the property is in keeping with the Town's Comprehensive Plan. The Hamlet Study and Stakeholder recommendations support added commercial development in the hamlet center. The recent Mattituck Corridor Study identifies this area as ideal for retail and mixed use development. The proposed affordable apartments are a desirable element to the plan as they will provide much needed rental housing for the Town. The overall concern of the Planning Board, however, is the intensity of development that is proposed on this substandard 11,561s.f. parcel. The site plan as proposed does not meet many of the requirements of the Town Code, including on-site parking. In this case, the Planning Board will not allow nearby municipal parking to be used to meet the parking requirement. Municipal parking in this area has been shown to be already at capacity (see the attached Parking Study of April 22, 2011 for this area). The Planning Board would like to see this proposal re-designed to either meet or nearly meet the Code requirements for parking and landscaping. TK Alpha Planning Boa~ornments to ZBA The Board also recognizes that the small size of this parcel poses certain difficulties for designing a new building to meet all the requirements. For that reason, the Planning Board supports granting the following variances: · 20% Landscape Coverage where 25% is required in the Bulk Schedule (the Planning Board has no ability to vary this section of the code); · 5' side yard where 10' is required. The Planning Board does not support the area variance to allow the existing building to be used as a ~-d'principal building. The site is too small to support two principal buildings. (~ c{ ~"] RECEIVED APt? ~, 6 2011 BOARD OF APPEALS ' I' L bt ~ PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED JAN - 4 ~011 To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals BOARD OF APPEALS From: Martin H. Sidor, Chair \~- Members of the Planning Board Date December 14, 2010 Re: Request for Comments for TK ALPHA LLC SCTM#1000-140-2-20 ZBA# 6437 The Planning Board received your request for comments regarding the above- mentioned application to construct a mix use (retail/residential) building. Specifically, the construction of a 2,573 sf mix-use building consisting of 3 units on the first floor each proposed as a retail use (2 at 554 s.f. and other at 1,200 sf.), and 2 residential apartments proposed on the second floor each having 554 sr. There also is an existing 605 sf building proposed as a retail use located on an 11,561 sf parcel in Mattituck. The above-mentioned has been reviewed for site development and the following comments are for the Zoning Board to consider. Number of uses/buildings The subject property lot size is 11,561 sf located in the Hamlet Business Zoning District. The bulk schedule requirement for two buildings would require 40,000 s.f. (20,000sf per use/building). It should be noted that one building is pre- existing however as per Pre-CO#Z10758 this building was used as a garage repair shop. This building is currently vacant and is proposed as a retail use. Although conceptually the Planning Board is in favor of the residential apartments, the overall concern of the Planning Board is the intensity of development on a substandard 11,561s.f. parcel. The proposed development would be a substantial relaxation of the code, approximately a 142% relaxation. ZBA #6437- Comments for T. K. Alpha LLC RECEIVED BOARD OF APPEALS p.2 Setbacks for proposed buildings: The proposed building is noted as being 1 foot from the east property line whereas 10 feet is required having a total side yard setback of 22 feet whereas 25' feet is required. Also, a 10.5-foot front yard setback is proposed whereas 15 feet is required. The setbacks proposed require a 90% relaxation of the side yard and 30% relaxation of the front yard setback. Although the proposed building would be in keeping with the nature and character of the "down town feel" of the area, this is new construction that the zoning requirements can easily be complied with. Summary: The most significant issues are the following: 1. Although the proposed mix use development conceptually is in keeping with the intent of the Hamlet Business Zoning District and the Comprehensive Plan, the proposed intensive commercial use of the substandard parcel may need to be scaled back to be more in keeping with the intent of the code. 2. The application is for new construction that should be designed to fit the lot size. 3. The proposed project requires substantial area variances and any hardships claimed are self-created. 4. The applicant can easily comply with the Code, Zoning and Bulk Schedule requirements thereby eliminating the need for variances. 5. Apartments are needed in the hamlet center and the proposed apartments should be encouraged to the extent they can fit into a scaled-back proposal that meets the code. Based upon the above, the Planning Board would recommend that the area variances be denied or substantially reduced to be more in keeping with intent of the Code that does not require substantial relief from the Zoning Board. We hope that the information provided to you is helpful. Should you have any questions or need additional information, please contact the Planning Department. Thank you. TO: T K Alpha 42 Ponquogue Ave. Hampton Bays, NY 11946 TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL RE. CE]VED DATE: February 16, 2011 Please take notice that your application dated February 15, 2011 For permit to construct new building on a lot with an existing building at Location of property: 535 Pike Street, Mattituck, NY County Tax Map No. 1000 - Section 140 Block 2 Lot 20 Is returned herewith and disapproved on the following grounds: Pursuant to Article X, Section 280-46, Bulk Schedule lot size required is 40,000 sq. ft. for two buildings (one existing, under Pre-CO#Z10758) with four (4) uses, existing lot size is 11,561 sq. ft. Side yard setback minimum of 10' with a total of 25', The site plan shows a minimum side yard setback of 5' and a total of 27' ft. The proposed construction is a permitted use in the HB Hamlet Business District. Furthermore, pursuant to Article X, Section 280-45, the proposed uses require site plan approval from the Southold Town Planning Board. · Authorized Signature CC: file, Planning Bd., ZBA Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. ,, AL TO: FORM NO. 3 NOTICE OF DISAPPROVAL T K Alpha LLC 42 Ponquogue Ave Hampton Bays, NY 11946 DATE: October 13, 2010 RECEIVED NOV 3 2010 BOARD OF APPEALS Please take notice that your application dated October 13, 2010 For permit to construct Commercial building: Location of property: 535 Pike St., Mattituck County Tax Map No. 1000 - Section 140 Block 2 Lot 20 Is returned herewith and disapproved on the tbllowing grounds: Pursuant to Article X, Section 280-46, Bulk Schedule lot size required is 40,000 sq. ft. for two buildings (one existing, under Pre-CO#Z10758) with 5 uses, existing lot size is 11,561 sq. ft. The required front yard setback is 15 feet, 10 feet is proposed. Side yard setback is a minimum of 10 feet with a total of 25 feet, site plan shows a minimum 1 foot and a total of 22 feet +/-. The proposed construction is a permitted use in the HB Hamlet Business District. Furthermore, pursuant to Article X, Section 280-45(A), the proposed uses require site plan approval from the Southold Town Planning Board. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Planning Board, ZBA Assignment No. RECEIVED_ NOV~ ~0,0 p, rl/~ ~ ~,~PEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS HouseNo.~Street ~ ,k~ cC'~L ]Hamlet SCTM1000Section/t40 Block ~ Lot(s) ~O LotS~e// DATED lollS/lO BASED ON S~VEY/SITE PL~ DATED ~A.~ ~ Applicant(s)/Owner(s): ~ ~ ~ L C /g/g NOTE: In addition to the above, please complete below if application is signed by applica t s attorney, agent, architect, b~ilder, contract vendee, etc. and name of person who agent represents: Name of Representative: for ( ) Owner ( )Other: Address: Telephone: Fax: Email: Please check to specify who you wish correspondence to be mailed to, from the above names: ~Applicant/Owner(s), ( ) Authorized Representative, ( ) Other Name/Address below: WHEREBY/TI~E ~UILDING INSPECTOR REVIEWED SURVEY/SITE P~AN/' DATED ~/0~//0 and DENIED AN APPLICATION DATED IQ/[ ¢//0 FOR: t /00 Building Permit / / ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) ~ ~-~ . [ ~ Article: ~ Section: ~,~ 0~O Subsection: ~7c (~P / Type of Appeal. An Appeal is made for: (~A Variance to the Zoning Code or Zoning Map. A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal ( ) has, ~'~'has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). _. (Please be sure to research before completing this question or call o~tr office for assistance) Z~File # ~D (additional sheets may be used with preparer's signature): NOV 3 Z010 AREA VARIANCE REASONS: .BOARD OF APPEALS (1) An undesirable change will not be produced in the CHARACTER of [ne neighborhood or a detriment to nearby properties if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the/ applieant to pursue, other than an area variance, because: ~'~/3 ~Ot /.~ A.~V/ f~tf ~'A~O~4:7/~ (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions (5) Has the alleged difficulty been self-created? ( )Yes, or ~2OjNo. Are there Covenants and Restrictions concerning this land: /~ No. L] Yes (please furnish copy). 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 ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACtlEDUSEVARIANCESHEET:(Pleasebesuret~ourattory.~ ? / rsig~n ~t~r%-o f Ap'~e~nt or ~.u-'/llorizcd Agent /g Swot. to b~f.e me thls ¢~.~C ~¢' (Agentmuslsub~lwriUenAuth°ri~ti~°mOwneO/ Nota~ Public Not~U Public. ~ of Now York No. 01~6190696 ~m~l~n ~i~ July 28, APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ~K ~. t t/~L tJ L L C I. For Demolition of Existing Building Areas Please describe areas being removed: Date Prepared: II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: A/r~,~, -~. 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 Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: NOV 3 2010 Bo~Rr~ OF APPEALS Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor1: ~. Existing square footage of buildings on your property: 6 t9 ~ ~" Proposed increase of building coverage: . - 0_"~ 7 _3 · ~:: Square footage of your lot: ///.5"~ 2' ~ Percentage of coverage of your lot by building area: Y-- '7 ~ .5~ ~'//~ V. Purpose ofnew Construction: 3 _~4ort'~. & ~,~ VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? Yes ,)~ No Are there any proposals to change or alter land contours? .~'~ No Yes, please explain on attached sheet. RECEIVED NOV 3 2010 BOARD OF APPEALS 1.) Are there areas that contain sand or wedand grasses? t~O 2.) Are those areas shown on the survey submitted with this application? ,X/O 3.) Is the property bulk 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? A~/0 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? /(fO Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting.9 ~t* Please show area of the structures on a diagram if any exist. Or state none on the above line. Do you have any construction taking place at this time concerning your premises? fi.JO If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: 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 this parcel? If yes, please label the proximity of your lands on your survey. H. /PI~ase list pre~te/~t use or operations conducted at this L~?~L-L..O/~[ ./,~J~' and the proposed useex el~ .~"~/~/J' / · ( : 'st'rig single family, propose; mmgwi~ ( Au~ofized si~at~e~ Date : PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by A 31icant or Project Sponsor) SEQR 1. APPLICANT / SPONSOR 3,PROJECT LOCATION: 2. PROJECT NAME OLPff LLC 4. PRECISE LOCATION: Street Addess aS Road Intersections. Prominent landmarks etc -or provide mad 6. ~SCRIBE PROJE~ BRIEFLY: / 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [~Yes [] No I~ no, descrit)e briefly: RECEIVED Nov 3 z?o O '"'-'~u OF AppEALs g. WHAT iS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [~Resieential E]lndustda, ~Co~memla, [Z~Agric~lture [Z]Park/Fo~eat/Op~nSpace g~] O~er (describe) to. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL 11. ~ES A~ ASPECT OF THE A~ION ~VE A ~ENTLY VAUD PERMIT OR APPROVAL? f ~' ~Yes ~No ff yes, list agen~ name and ~E / a~l: If the action Is a Cos~l Area, and you are a state agency, complete the Coas~l ~sessment Form ~fore proceeding wEh this assessment PART Ii - !MPACT ASSESSMENT (To be completed by Lead Agency) A. OOES ACTION=~_XCEED AN? TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yea. coordinate ~ review process and use the FULL EAF. [_~ Yes ~No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS N 6 NYCRR PART 61 ? 67 If NO, a negative deClaration may be superseded by another ~nvolved agency. C. COULO ACTION RESULT IN ANY ADVERSE EFr~[J~ ~ ASSOCIATED WITH THE FOLLOWING; (Anewers may be handwritten, if togible) F ta~ti~ for ecoSk~, drair]age or Ikmding pred~ems? Exalain briefly: ~ ~"~" agri~ltural, accfm='-"UUl~", hlste¢~ or other ,mm,~, OR Ctit~rN resources; ~ community or neighborhood charaoter? Explato i~eF~y C5. Growth, subsequent development, or rent-ed a~'~i~ffies Iike{~ lo he ind~:~ed ' c6. Lcng term, short tern, Cumulalive, or other effects not identtr~ed in C1-C57 -~l~in briefly: " /- I O. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTA~LISHMEN~ OF A ~R'ITICAL ENVIRONMENTAL AREA ICEA)? (If ~es. explain [~Yes J~No PART III - [~: I I~tlVIINATION OF SIGNIFICANCE (To be qompleted by Agency) INSTRUC¥1ON$: F~reachadversee~ectidenti~edab~ve~determinewhetherifissubstanfJa~rge~important~r~henv~sesigni~cant~ Each effect should be assessed in co,Inaction with ~ts (a) seffing (i.e. urban or rural); (b) probability of occt~Ting; (c) duration: (d) irreversibility: (e) geographic, scope;, and (~) magnitt~de. If necessary, add attachments, or. rs~emnce supporting materials. Ensure that explerraflons contain suffk~ient detail to show that a~l relevant adverse impacta have been ident~ad and adequately addressed, if question d of part ii was checkad yes, the d~iorminatiofl of sJgnh'icaoce must evaluate the pp{eotial impact oftbe proposed action on,he environmental charactadstics of the CEA. Name ~' Lead Agency Date Point or Type Name of Responsible Officer In Lead Agency Title of Responsible Of 6ce¢ Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from ¢esponsibid'o~cer) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM RECEIVED c/fl BOARD OF APPEALS The Town of Southold's Code of Ethi~ orohibits conflicts of in.rest on the cart of town officers and emnlovees. The nuroose of this form is to omvideJnformation wl~ch can alert tim town of oossible confficts ofinmr~t and allow it to take whatever action is evoia,6 O.'--- I . . f f I " / (Last name, fu~t na~no, middle initia~l, unless you ~ applying in thc name of someone else or o~her unfity, such as a company. If so, indicate thc other person's or corap~ny's name.) NAME OF APPLICATION: (Check all that 0ppiy.) Tax grievance Building Variance ~ Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If "Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer of the Town of Southold? "Relationship" includes by blood, marriage, or bosinc~s interest. "Basinezs interest" mca including a partnership, in whivh the town officer or employee has even a partial ownership of (or employment by) in which thc town officer or employee owns more than 5% of the shares. YES NO tfyou answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by thc Town of Southold Title or position of thst person Describe the relationship between yourself(the appliean t/egenffrepresent ative} and the town officer or employee. Ei thc appropriate linc A) through D} and/or describe in thc apace provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) thc owner of greater than 5% of the shares of the corporate stock o f 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 offiocr, director, partner, or employee of the applicant; or D) thc actual applicant. r employee ts a business, her check DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted thi~''~ ~ day of '~t~L// 200 ,..--, __ Si~a~re ~ Print Name ~ / .. '1 ~ /') , FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N.Y. 11971 ,~?RZ/~CE~VED NOV 3 gOiO APPLICATION FOR CERTIFICATE OF OCCUPANCY~oARDj5 Instructions OF APPEALS A. This application must be filled in typewriter OR ink, and submitted in duplicate to the Building Inspec. tot with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic featu res. 2.Final approval of Health Dept. of water supply and sewerage disposel-(S-9 form or equal). 3.Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible 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: I. Accurate survey of peoperty showing all property lines, streets, buildings and unusual natural or topographic features. 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 informa- tion required to prepare a certificate. C. Fees: 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pre-existing dwelling or land use $5.00 3. Copy of certificate of occupancy $1.00 Date ...Oct.,~ber. ~.6,. I.cjB1 .... New Building ............. Old or Pre-existing Building ,..~( ........ Vacant Land ............. Location of Property .......................... ~o~ ]4.e.. ~ CT.e.~ ~ ...... ~:b.~ ~ ¢ ~e~ ........... Hou~ No. St~t Hamlet Owner or Owners of ProperW .~.~. ~,..~ ~¢~.~ ~.~. his wife County Tax Map No. 1000 Section ., . ~$.0. ..... Block ..... 2 ......... Lot. 2~ ............ Subdivision ................................. Filed Map No ........... Lot No .............. Permit No ........... Date of Permit .......... Applicant . .. Health Dept Approva ............. ......................... Labor Dept. Approval .................. Unde~riters ApprovalReque. for Temporary Certificate ........................ Planning Board Approval .... ..................... Final Certificate ............. Construction on above de~ribed buildi~d permit meets all ap~ableqodes and regulations. R. 1010Y~ ?/ .4ames F. Gilder~eeve Pau]in$ ~. Gilders~eeve FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy Z10748 No .................. Date ..... .O.c.g. 9 .b.e?. .2.8. ,. 19.8.1. THIS CERTIFIES that the building ................................................ Location of Property ........... 535 ...... E~c~..S.~reet, Matti tuck, New York House No. Street Ham/et County Tax Map No. 1000 Section .... 1:6..0 ..... Block ....... .2 ....... Lot 20 Subdivision ............................... Filed Map No ......... Lot No .............. Requirements for a Commercial Building Built Prior to conforms substantially to the Aplvli~at~o~'fm-Ba~l~'Pelllltt-ll~3~l'Ol~'t~Etl-lI~-t11~CtSffl~.llll~ll .... Certificate of Occupancy Z10748 April 23 , 19 .5.Tpursuant to which ...................... B~k!4~4aevmit .N~. _. .................... dated October 28 19.. ??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 ......... Garage and Shop The certificate is issued to James F. Gildersleeve and Pauline E. Gilderslee ..................... ?o¥,.'~;-. )~l~te~'tee,v,;.~ .................... of the aforesaid building. Suffolk County Department of Health Approval ..... ~../~ .................................. UNDERWRITERS CERTIFICATE NO. N / I~ Bu/lding Inspector Cd(RECEIVED /~ NOV 3 2010 BOARD OF APPEALS /Al ,/ [63'~ } 28'?''']618 BOAFTD OF APPEALS MATTITUCK, NY 11962 K. ALPHA LLC, OWNER (631) 287-1618 MA'I-I'ITUCK, NY 11962 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, 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 RECEIVED BOARD OF APPEALS Parking analysis of the Love Lane, Mattituck hamlet center. April 22, 2011 Prepared by: Heather Lanza, AICP, Planning Director This brief analysis was conducted using aerial photography, and is a comparison of the existing public parking space with the existing need for public parking. The study area included the municipal parking lots on Pike Street and Sound Avenue, as well as the on-street parking available on Love Lane and Pike Street. It includes an estimate of the number of public parking spaces existing, and an estimate of the amount of retail space/potential retail space of existing buildings that currently rely on the public parking (buildings that have little or no on-site parking). Results: Potential existing retail space: 35,000 s.f.+/- Parking required for 35,000 s.f. of retail space 35,000 s.f. / 1 parking space per 200 s.f. = 175 parking spaces needed Existing public parking spaces: 175 +/- The above estimates demonstrate that public parking in the Love Lane business district is likely adequate for the existing businesses. This estimate includes the train station parking lot, which may have cars parking there for extended periods by people using the train, making those spaces unavailable. The above estimate also demonstrates that new buildings locating in this vicinity should be required to provide most if not all of their parking on-site rather than relying on municipal parking to satisfy the parking requirements. Municipal Parking on Pike t the train station. Maintainet~l~ the Town, partially owned by the MTA. Approximately 40 parking spaces. SCTM#141-3-42.1 8:30 Municipal Parking on Souna~cenue on Town-owned land, an~sed municipal parking on Pike Street by the train station, Approximately 88 parking spaces. SCTM#141-4-31.5 & 141-3-28.1 BOAi,;~D OF App~A/.~$ Pike Street Parking Lot - 47 spaces. SCTM#140-3-5 Lane. Owned by Mattitu~ark District. Approximately BOARD OF ~?PEAL$ /aaa - /y'~ -~7-~TOWN OF SOUTHOLD PROPERTY RECORD CAR~~'~-~. ~ OWNER STREET ~ ~._~- V,LLAGE DIST. SUB. ~ND IMP. TOTAL DATE R~RKS N~ NORMAL BELOW ABOVE~/~l Oq~Lt~qb~ 7~l- m~a ~.m~ ~ ~ ~ K ~/~h~ L~a ~q~,~ FARM Acre V~lue Per Value I ~ ~ ' ~ ' Acre 'illable FRONTAGE ON WATER touse PI~ BULKH~D ~tal DOCK Exteneion Extension -Extension Foundation Porch Basement Porch Breezeway Garage Patio COLOR Ext. Walls Fire Place Type Roof Recreation ROom Dorme[ TRIM Both FlOors Interior Finish Heat Rooms ]st Floor Rooms 2nd Floor Driveway Dinette K. LR. DR. BR. ; 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 F%or, 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) 76S-9064 May23,2011 William Goggins, Esq. 13235 Main Rd. Mattituck, NY 11952 RE: TK Alpha LLC ZBA File#6437 Dear Mr. Goggins: At the March 3,201 t Public Hearing your application was adjourned without a date pending the Planning comments. On April 26, 2011, the Zoning board received the requested comments from the Planning department regarding your client's revised site plan. The Chairperson would like to re-calendar this application to our July 7th calendar. Please advise that you will be prepared to go forward at this time. Thank you for your attention to this matter. Sincerely~.,.-~ Vicki Toth Board Assistant Cc: Edward Broidy 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 all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq 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 hearinq, 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 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 Postin.q 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 Ends. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME T K ALPHA~ LLC #6437 MAP # 14-2-20 VARIANCE Construct Commercial Building REQUEST Less than required lot size; Setback DATE: THURS, AUG. 4, 2011 2:00 PM 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 RECEIYED AUG 2 ?.011 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of BOARD OF APPEALS AFFIDAVIT OF MAILINGS (Name of Applicants) SCTM Parcel # 1000- LC- COUNTY OF SUFFOLK STATE OF NEW YORK I, ~Lo.~ /a~co-~ ~-~ t~ lo/r residingat ,~,~/~,,Z~/~ i~)/A./~' New York, ~eing duly. sworn, deposes and saxs that~ Onthe ~ d~ayof,~'~.L.¥ , 201/, I personally mailed at the Onited States Post Office in .3rO~. n, mO~o ~ , 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, °r vehicular right-°f"way ° f rec°rd' surr°unding .th~PP?' s pmpert. Y//~ '~x~ Sworn to b~fore me this Ifrd y or ,20// DAVID J. JANNUZZI Notary Public, State of New York No. 02JA6052585 Qualified in Suffolk County Commission Expires ~[~[ [J'~ 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. Certified Fee D Return Receipt Fee {Endorsement Required) Restricted Delive~ Fee D (Endorsement Required) ~ Total Postage & Fees E;3 Postage ~ Return Rece Postmark C3 Total Postage & Fee $5 ,~9 ' ~ [o~O~No, r0 ~ I ~ m ~:~ ~G~,':F~;Z ............ --"""~ ............................................ Postage $ JO, Certified Fee (Endorsement Required) {Endomement Required) Total Postage & Fees $ /~['~: ~:'"'~ ........ ~ ..................................................... 1 L°'~°e°x~°' I~D ........... L.. 1, A~dcle Addressed to: Number If YES, enter delivery address below: /~o  ert[fled Mail [] Express Mall [] Registered [] Return Receipt for Memhandlse [] Insured Mail [] C.O.D. 4, Restricted Daiive~7? ~,xtra F-6e) [] Yes 70t0 3090 0000 8006 9201 ¢~IB~F~I 38~11, February 2004 Domes'dc Retum Receipt 102595-0g-M-1540 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of · (Name of Applicants) RECEIVED AUG ~ 2011 BOARD OF APPEALS AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as COUNTY OF SUFFOLK) STATE OF NEW YORK) ~_~ ~'L2~X/0' r~ JLavLj , New York, being duly sworn, depose and say that: OnCe [g dayof ~[_~ ,201[ ,Iperson~lyplaced~eTo~'s Offici~ Poster, wi~ the date of he~ing ~d nat~e of my applicmion noted ~ereon, s~ely upon my property, located ten (10) feet or closer from the s~eet or right-of- way (~veway en~ce) - facing the s~eet or facing each street or right-of-way entr~ce,* ~d ~t I hereby confn'm 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 Sworn to before me this C/ Dayo~ ,201t (Notary Public) DAVID J. JANNUZZl Notary Public, State of New ¥O1~ No. 02JA6052585 Qua ified in Sufl~l_k Cou,.,~.~ C,.,,,,missi°n Expires ~ ~'"' "~--'-~_ * near the entrance or driveway en,trance of my property, as the area most visible to passerby. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the crud to you. · Attach this card to the back of the mailpiece, or on the front if space permits. D. Is dallvery If YES, enter delivery address balow: ~'No [] Ratum Reoeip! ~r Merohan~i~e I-I InmJmd Mall [] C.O.D. 4. Restricted Delive~ ~.xfra Fee) r-lyes & ~ Numb~ ~m~?~,.~,~ ~7010 3090 0000 8006 9168 ! Complete items 1, 2, and 3. Also complete item 4 if Restricted 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. 1. Article Addressed to: ff YES. C. Date of Delivery 2. Article Number -- (Transfer from sen~ice label) Ps Form 3811, February 2004 [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) 7010 3090 0000 8006 9195 Domestic Ret~r~eceipt [] Expr~ Marl [] Return Receipt for Merchandise i--lyes 102595~2-M-1540 · Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. · ~ · Print your name and addmso 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 perm[ts. 1. Article Addressed to: 119 B. Received by (/:¥/r~ N~ne) [] Agent [] Addressee C. Date of Delivery D. Isdalive~yaddmesdiffemntfmmlteml? []Yes If YES, enter delivery address below: [] NO ~ r'l Re~ ~ Reltlm Recalpt for Merchandise [] o c.o.o, 4. I~¢10~1~/~ ~Ya Fee) []Yes ~l~i:°~n 3811, February 2004 7010 3090 0000 8006 9171 ~"# 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 Ne~wspaper once each week for 1 28th day of July, 2011. Sworn to before me this LEGAL NOTICES LEGAL NOTIC~ SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY AUGUST 4, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town ?f Southold, the following public hear- mfs will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PF~LS at the Town Hall, 53095 MUI~ Road, P.O. Box 1179; Southdid, New York 11971-0959, on THURSDAY AU. GUST 4, ~fll 1: 9.30 AM . DEBORAH PENNEY ~6484 - Request for Variance from Code Article XXII Section 280-116 and 280. 124 and the Building Inspector,s June 3, 2011 Notice of Disapprovs] based on an application for build~ng permit for demo and new construction of a single family dwelling at: 1) less than the code required setback of 7S feet from a bulk-. head, 2) less than the code required front yard setback of 35 feet, located at: 160 Sailors Needle Road, (adj. to Jones Creek) Mattituck, NY. SCTM#1000-14~. ~[E~IIF~.IJ~I~K~ - Requezt for Vari- ~ - Requ~t for ~ct ~ ~ and shower ad~ ~d the ~de t~rad 35 feet, 2) s/dc y~d ~ack of more ~ ~e code re~d than the ~e ~ 3 feet, ]~tad 5-26 10:S0 AM. PETER AND ],L~ ~ ~ Applicant re- UTTAFUOCO} i quest a Special Exception Uno'er Section ~4~? - Request for Variances from Ar- i 280.13B(14).The Applicant ii the ovmer ticle XXIf Code Section 280-116 andAr- I requesting authorization to establish an ticle lIl Section 280-14 and the Building ~ Inspector's February ~5, 2011 updated I Iune 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 requirgd setback of 75 feet from a bulkhead, 2) more than -- the rode required number of stories of 21f2, located at: 1165 Kimberly Lane ( adi. to Southold B~y) Southold, NY SCTM#1000-70-13-20.7 AccessOry Bcd and Breakfast, acces- sory and thddental to thc residential occupancy i~ this single-family dwelling, with four (4) b~drooms for lodging and ~rving of brealffa~t to the B&B casual, txansient roomem Location of Prop- erty: 2500 P~o~c Lane Pecouic, NY per Code Sec~n 28~-13B(4), the appti- · c~m is requesting pern~on to convert existh~g office ~pace to operate a n~rs. ecy ~chool at: 44600 Coumy Road 48, Southold, NY. $CTM#1000.63.1,23 week(s), successively, commencing on the day of Principal Clerk Building lnsp~tor s May27/2011 of ~v~ b~ed on an ap~fi~ for ~ldmg ~t to re~ a~ ~rage at: 1) te~'~ ~e ~de requ~d ~nt yard setba~ of 3~ fcet, 2) le~ ~an ~e ~e ~qu~ ba~. of 20 Fe~t, 3) mo~ re~u~ m~um ~ of~ ~t, l~d ac 950 O~ S~ ~to ~e~k, ~a Eugene's ~k) CHRISTINA rot NOTARY PUBLIC.STp`· EW YORK NO. 01-"_ ~ ~. ~k~, z~"g~.~fiA" *,. ~ County ~ - R~ for, V~ ~ ~. ~rua~y 2~, 201~ ReqUest for Vari- CanTOVer Hemtn~s, continued from Ad~o~ed ~m ~blic Hea~g Ju~e 2,201 h ~ PM- BLAC~Ey Ins~or's May 16, ~11 Nmi& of. Dis- approval based on ~ application for a s~e fa~y dwe~g at 1) side yard ~etha~ of le~ ~ ~e coae rcquire~ $e~o~ 2~ (Bulk Sc~d~e) and the . ao~ og Disapprov~ based on an ap- a new b~l~ on a lot ~ ~ existing s~ of ~,~ sq. fL for ~o buildings ~th fo~ (4) ~e~ 2) 1~ ~an ~e code 10 fee{, l~ted at: 535 ~e St., ~a Rail. ~e Bo~ of Appeals before ~e ~n~ion of each he~ng. re~w dung rear b~s and phor to ae day of ~e hea~g. If Dated: l~y 8, 2011 ' ZO~G BO~ OF APPEALS LES~E ~S ~SMAN, CHAIR- PERSON BY: ~ Toth ~75 ~ Road (O~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard 1R 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 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 47 2011: 2:00 PM - TK ALPHA, LLC. #6437 - Request for Variance from Art. X, Code Section 280-46 (Bulk Schedule) and the Building Inspector's February 16, 20tt Notice of Disapproval based on an application for building permit to construct a new building on a lot with an existing building at; 1) less than the required lot size of 40,000 sq. ft. for two buildings with four (4) uses, 2) less than the code required minimum side yard setback of 10 feet, located at: 635 Pike St., aka Railroad Ave., Mattituck, NY. SCTM#t000-t40-2-20. Zone HB 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 emaih Vicki.Tot h(~fi'own. 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 1t79 Southold, NY 11971-0959 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 11/3/10 ZBA # NAME CHECK # AMOUNT TCREcEivEDDATE STAMP 1003 $600.00 NOV 4 ~'~0 sore noic] T;,,. ;,;~r;; $600.OO Town of Southold P.O Box 1179 Southold, NY 11971 Date: 11/04/10 * * * RECEIPT * * * Receipt~: 93799 Transaction(s): 1 1 Application Fees Check#:1003 Reference 6437 Total Paid: Subtotal $600.00 $600.00 Name: T, K Alpha LIc 45 Broidy Lane Southampton, NY 11968 Clerk ID: CAROLH Internal ID: 6437 MICIflA[:L Z. IflEI~BI:I~T I~EAL ESTATE BI:~OI~EI~ p.O. BOX n50, ~3250 MAIN ~OAD, I~TE. MATTITUCK, ~.V.. n952 (631) 298-9300 Southold Town Planning Board Att: Martin Sidor July 14, 2011 Dear Martin, I wish to address a serious concern related to street parking on Pike Street in Mattituck between Love Lane and Wickham Avenue. With all the development going on Love Lane and the proposed development on Pike Street on the vacant lot adjacent to Michelles Beauty Parlor, street parking has become a critical issue for both safety and aesthetics to the area. From the point of the Mattituck Firehouse and halfway down Pike Street toward Love Lane, there is no street parking and in discussing this matter with my neighbors, the no parking sig~ should continue on Pike Street to the designated point of Michelles Beauty Parlor. Pike Street between Wickham Avenue and Love Lane is narrow and does not provide for safe street parking in consideration of the amount of traffic generated in the area and for safe access and use for the Mattituck Fire Department. Please give this matter careful consideration in the hope to preserve the safety and aesthetics of Pike Street. Thank you and, (~incere!y, M"i~c.t~el ~;.'I~Ie~ert -~ Cc: Peter Harris; Highway Supt. Cc: Gerard Goeghringer; Zoning Board of Appeals MICttAEI ?. I~EAI ESTATE P.O. BOX 1150, 13250 MAIrJ I~OAD, [aTE. 25, MAITITUCI(, rq.Y.. 11952 (631) 298-9300 ~OARD OF AppEALs TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20~__ Approved Disapproved a/c ,20__ Expiration ,20.__ BLDG. DEPT. TOWN Of SOUTHOLD PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS -- a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may n6t be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with ali applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicam or na~ae, ifa c~oration) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engifieer, general contractor, electrician, plumber or builder Name of owner of premises If applicant is,~4 ~.~'~ a co_r0oration,r.~_ ~ signat~e Fd>I ~, ~/'° f duly/'authorized/'dr ~'F~-2 ,~O' of, ricer (Name andt~tle of corporate officer) / / Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. (As on the tax roll or latest deed) 1. Location o~and on which prol~ose~d,wOrk will be done: .5- '53" str l /¥ .57- House Number County Tax Map No. 1000 Section Subdivision Block Filed Map No. Hamlet 7.. 0 Lot a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building. Repair Removal Estimated Cost If dwelling, number of dwelling units If garage, number of cars Demolition Fee Number of dwelling units on each floor Addition Alteration Other Work (Description) (To be paid on filing this application) 7. Dimensions of existing structures, if any: Front Rear .Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Depth Height. Number of Stol:i~b~ 8. Dimensions of entire new construction: Front Rear Height Number of Stories 9. Size of lot: Front Rear .Depth 10. Date of Purchase Name of Former Owner I 1. Zone or use district in which premises are situated ~/ZS~ 12. Does proposed construction violate any zoning law, ordinance or regulation?~) 13. Will lot be re-graded.~Y~ NO NO 14. Names of Owner of premises Name of Architect Name of Contractor __Will excess fill be removed from premises? YES . Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland. YES * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS ~BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES * 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 (N~ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF~ ~0( ~/0 ~.z~ ~3 ["4Ybeing duly sworn, deposes and says that (s)he is the applicant (Name of individ[u~l si-gning contract) above narrfed e O~f2r~et c~,/ of said owner or owners, ~d is duly authorized to perfom or have peffomed the said work and to make ~d file this application; that all statements contained in this application are tree to the best of his ~owledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this.~ cyQ t"f day__of ~."~ ~o ~ 20dSq ~m~l~,ion ~pi~ lul~ 28, Signature o~ Applicant BOARD OF APPEALS June 13, 2011 GOGGINS & PALUMBO ATTORNEYS AND COUNSELORS AT LAW P.O. Box 65 13235 Main Road Mattituck, New York 11952 Phone: (631) 298-4200 · Fax: (631) 2984214 Southold Town ZBA P.O. Box 1179 Southold, New York i i97i WILLIAM C. GOGGINS, ESQ. ANTHONY H. PALUMBO, ESQ. DONALD A. MATES, ESQ. Of Counsel DONNA M. PALMER Paralegal Re: TK ALPHA File # 64-37 Dear Sir or Madam: Enclosed please find T K Alpha's check # 1009 in the amount of Two Hundred Fifty Dollars ($250.00) made payable to the Town of Southold, as fee for the change in date to appear before the Zoning Board of Appeals. If you have any questions, please do not hesitate to call this office. Thank you. Very truly yours, ' Elaine T. Villano Legal Assistant Encl (1) GOGGINS & PALUMBO ATTORNEYS AND COUNSELORS AT LAW P.O. Box 65 13235 Main Road Mattit~ck, New York 11952 Phone: (631) 298-4200 ' Fax: (631) 298-4214 WILLIAM C. GOGGIN$, ECoQ. ANTHONY H. PALUMBO, ESQ. Via fax: 7650064 June 9, 2011 Zoning Board of Appeals 53095 Main Road Southold, New York 11971 Attn: Vicki Toth TRACY L. KARSCH, ESQ_ DONALD A. MATES, ESQ. Of Counsel DONNA M. PALMER Paralegal Re: TK Alpha LLC; ZBA File No. 6437 Dear Ms. Toth: We request that the above referenced matter be put on the August 4, 2011 calendar. Thank you. WCG/drap V~our$, WILLIAM ~" ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 6/15/11 ZBA # 6437 NAME T K Alpha LLC CHECK # 1 OO9 AMOUNT $250.00 $250.00 TC DATE STAMP R~CEI¥~.D JUN 1 5 2011 Town of Southold P.O Box 1179 Southold, NY 11971 Date: 06/15/11 Transaction(s): 1 1 Application Fees * * * RECEIPT * * * Receipt"8: 106469 Reference Subtotal 6437 $250.00 Check#: 1009 Total Paid: $250.00 Name: T, K Alpha LIc 45 Broidy Lane Southampton, NY 11968 Clerk ID: CAROLH Internal ID: 6437 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 November 4, 2010 Zoning Appeal No. 6437 Transmitted herewith is Zoning Appeals No. 6437 of T K Alpha LLC the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Copy of Notice of Disapproval from Building Department Dated October 13, 2010, Copy of Application for Certificate of Occupancy Dated October 16, 1981, Copy of Certificate of Occupancy No. Z 10748 Commercial Building Dated October 28, 1981, Copy of Survey of Property as it Exists Dated February 11, 1977 Prepared by Roderick Van Tuyl, P.C., 2 Pages of Drawings of Proposed Construction, 3 Pages of Photos of Property as it Exists, Copy of Property Record Card (Both Sides), Copy of Site Plan Showing Cesspool, Drainage and Parking Prepared by Peconic Surveyors, P.C., Copy of Plans Showing Existing & Proposed Changes Dated May 11, 2010 Prepared by William J. Soehl, Architect, Copy of Plans Showing Floor Plans & Elevations Dated August 14, 2010 Prepared by William J Soehl, Architect. BOARD OF APPEALS ERIC J. BRESSLER AFIIGAII, A. WICKHAM I,YNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISI,AND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw~aol.com WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE I 1 I MELVILLE. NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 March 28, 2011 Southold Town Zoning Board of Appeals Town Hall Southold, NY 11971 Southold Town Planning Board Town Hall Southold, NY 11971 Re; T.K. Alpha, LLC Shopping Ctr. SCTM#: 1000-140-2-20 Ladies/Gentlemen: I understand you are reviewing an application for an extremely intensified use of the property above. As you are well aware, the parking lot at Pike Street immediately opposite this property is already over utilized. It is often difficult to obtain a space, and the properties surrounding the parking lot will be adversely impacted if this property is allowed to develop to the extent proposed. I understand that the on-site parking for this proposal is extremely limited. You will note that the properties surrounding the parking lot have, except for one pre-existing parcel, provided their own on-site parking, but the public lot is used for overflow parking for these properties as well as the many people who work at or visit the Love Lane businesses. I urge you to consider the parking aspects very carefully before approving intensive uses on a property that does not provide its own parking to any significant extent. Ver~, ,n~!tt yours. ' x//_ Abigail A. Wickham BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MEMO 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 Date: March 16, 2011 To: Heather Lanza, Director, Planning Department Martin Sidor, Chairman, Planning Board gal7 14 7011 From: Leslie Kanes Weisman, Chairperson, ZBA RE: ZBA Application #6437 TK Alpha, Request for Additional Comments At the March 3,2011 Regular Meeting of the Zoning Board of Appeals, the Board reviewed an amended application on the above referenced matter and adjourned the hearing without a date to permit the applicant to apply to the Planning Board for concurrent site plan review and approval. In order to proceed with the variance application before the ZBA, the Board is requesting comments from the Planning Board on the applicant's amended application which includes reducing the number of uses from five to four within the proposed new building and requesting a fifth use in the existing building. He has also increased the proposed minimum side yard setback from 1 foot to 5 feet and now has a conforming front yard setback. The Board of Appeals would like your comments on the proposed intensity of use on this substandard lot size, proposed on site parking, circulation and ingress and egress and other relevant remarks Attached is the revised Notice of Disapproval, dated February 16, 2011 along with a copy of the applicant's revised site plan, and one revised drawing of the front elevation of the proposed new building. Additionally attached is a letter from the applicant, dated March 7, 2011 stating that he is scheduled for a work session with the Planning Board on March 14, 2011,. Thank you for sending you comments to the Zoning Board at your earliest convenience. Pike Street plan has few fans ZBA members seem skeptical as developer makes pitch for new cOmmercial project BY BE'fH YOUNG I STAFF WRITER that she had received a letter from Planning Board "1 need something more concrete than this is going to be a great thing for Mattituck." J~n~s Dinizio A developer who plans vast changes to the streetscape on Pike Street in Mattituck isn't likely ~l~chieve his goal any time soon. d Broidy owns a building on a quarter-acre lUSt east of Love Lane where he hopes to put up a 2,573-square-foot shopping center with three stores and two upstairs apartments and keep a 600-square-foot struc- ture that's already on the site. To do so, he will need what town Zoning Board members have made clear they consid- er a huge area variance from the town code, which requires lots in that neighborhood to be three times bigger than his. He also needs three variances from front and side yard set- back requirements because what he wants to build {l~hMthe small lot won't fit within the limits. r. Broidy told the board at a public heating last ursday that his project was in keeping with the streetscape of Love Lane, a cheek-by-jowi stretch of storefronts that have no front or side yards. Zoning Board members noted in response to Mr. Broidy's observation about Love Lane's lack of side yard that the storefonts there predate zoning. Board member lames Dinizio, who said that he will write the board's decision on the case, said that Mr. Broidy had done nothing to convince the board that such a large variance was necessary. Mr. Dinizio read a section of Mr. Brdidy's appli- cation that read "There will be no change of char- BE~q YOUNG PHOTO Ed Broidy explained his plan for a shopping complex on Pike Street in Mattituck to the Southold Town Zoning Board of Appeals last Thursday. acter. It will mirror Love Lane." "That's your words, not mine," said Mr. Dinizio. "There's going to be a change in the character when you do what you want to do ... You have to give us more thorough reasons ... I need something more concrete than 'this is going to be a great thing for Mattituck'." Zoning Board chairwoman Leslie Weisman said chairman Martin Sidor expressing concern over such a large-scale project on such a small lot. "Love Lane is unique property. It's a continuous wall of stores," said Ms. Weisman. "Pdght next to your property on one side is a house, on the other side is shops with parking in the front, with a substantial set- back. I don't think that Pike Street has the same char- acter as Love Lane." Mr. Broidy, who appeared Without an attorney, said that he believed the board misunderstood his intent. "I know I'm a developer, but I'm also a creative man," he said. "I went out on a limb to make sure this is an attractive addition." Mr. Broidy disclosed at the hearing that his pend- ing proposal isn't all there was to his long-term plans: he and his partners intend to buy the house next door to his Pike Street property and build five more retail stores on that site. "Each building on Love Lane is right on top of each other," he said, arguing that his proposal would "enhance the area," providing apartments that he said "everyone" wanted "in the downtown area." "It's necessary to have life in that area," he said. Mr. Broidy agreed that he could tear down the existing brick building, which board members thought would slightly reduce the aesthetic im- pacts of the area variance he was requesting. He said that he had kept that building in the plans only because he thought it would be a good idea to help maintain the historic character of the property. Michael Herbert, who said he had lived on Pike Street since 1985, was the only member of the PIKE I PAGE 24 .Free Central Air-Conditionina for I Year SatUr~y ½ Roast Chicken with stuffing Monday Roast Fresh Ham TuesalayLeg of Lamb Wednesday Corned Beef Hash 8:Eggs Ail specials served with potato, vegetable and bread or dinner rolls. Fabulous Breakfasts Served Every Day PIKE... CONT[NUED FROM PAGE 17 public who spoke at the hearing. He urged the board not to approve a project without room for its own on- site parking. "Pike Street is a narrow street. There's the firehouse there and there's a lot of traffic coming up and down that street," he said "On-~it~ n~rH,,,, Is pivotal." Board members urged Mr~ Br0idy t9 retain a lawyer who could better argue his case according to th~ legal tests that a zoning board must ap_ riments of granting variances from the Zoning code. [~L~ "What happened on Love LaneW ha. pPened in the past. It doesn't per- tam to your application," said Zoning BOard member George Homing. "I wouldn't want you to come here with the mistaken idea that tearing down the building in the baCk is going to solve your Problems. You do need ex- pert CoUnsel ofsome ~d. Re-evalu- ate your plan ...'The c~ances of this working out for you are ~rery dicey." The hearing was tabled Until March 3 at 1 p.m. ply, to weigh the benefits and det~ b¥oUng"~tim~$mview.¢om Route 25A & Sound Avenue, Wading River · 63!-929.1800 EARLY BIRD SPECIALS 4- 6 P.M. MON.- FRI. MONDAY- FRIDAY BURGER AND A BEER s9.95 DINNER TAKEOUT Cliff's Elbow Tool 1085 Franklinville Rd., Laurel 298-3262 Open 6 Days (Closed Mondays) Lunch & Dinner Cliff's Elbow Room Main Road, iamesport 722-3292 Open 7 Days Lunch & Dinner Tuesday Night Is B£TH YOUNG PHOTO A new shoppin§ plaza is planned for property on Pike Street in Mattituck. A pul)tic hearing on the proposal will be heard by 5outhoid's Zoning Board of Appeals on Jan. 6. Retail center proposed Developer plans big project on small lot BY BETH YOUNG I STAFF WRITER Pike Street in Mattituck could be the address of a new shopping cen- ter. The public will have a chance to weigh in on the proposal at a Southold Town Zoning Board of Ap- peals hearing at 11:50 a.m. on lan. 6 in the Town Hall meeting room. T.K. Alpha, LLC, a company con- trolled by Edward Broidy, a real es- tate developer from Southampton, wants to build a 2,573-square-foot building with three.retail shops and two upstairs apartments on a quar- ter-acre oarcel by the railroad tracks, just east of the intersection of Pike Street and Love Lane, which Mr. Broidy's company bought last year. The plans call for keeping an ex- isting 605-square-foot brick building set back on the property for use as another retail space. It has a certifi- cate of occupancy for use as a garage and shop. Eight off-street parking spaces are proposed. The plan is before the Appeals Board because the town code re- quires lots containing two or more commerciai buildings to cover at least 40,000 square feet, nearly four times the size of the property. The project also will require variances from required construction setbacks of 15 feet in front, 10 feet on the side, and a combined 25-foot minimum for both side yards. T.K. Alpha filed a site plan for the project with the Southold Town Plan- ning Board, which must approve it. Mr. Broidy also will need Suffolk County Health Department approval and a transfer of sanitary flow credits in order to proceed with the plan. Town planners, who last discussed the project at a work session on Dec. 6, have asked Mr. Broidy to show that the apartments will meet the town's affordable housing guidelines before he can apply to purchase the flow credits from the town's transfer of development rights bank. byoun~etimesmview, com 10138 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 17th day of Februaw, 2011. ;~/~" Principal Clerk Sworn to before me this LI~GAL NOTICE SOUTHOLD TO1VN ZONIING BOARD OF APPEALS THURSDAY MARCH 3, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of tbe Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the fogowing public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hail, 53095 Main Road, EO. Box 1179, Southold, New York 1197141959, on THURSDAY MARCH 3, 20111 10:00 am.- PIERCE RAFFERTY g6451 - Request for Variance from Ar- ticle XXI[I Code Section 280-124 and the Building Inspeetoes January 7, 20ll Notice of Disapproval based on an ap- plication for building permit to construct an addition to a single family dwelling at 1) rear yard setback of less than the code required 35 feet, 2) lot coverage of less Wan the code required 20%, at; Avenue_ B Pishets Island, NY. SCTMgI000-6-2- 17.5. 10:.15 a.m. - JOYCE BARRY t~453 - Applicafit request a Special Exception under Section 280-13B(14). The Appli- cant is the owner requesting authoriza- tion to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single- family dwelling, with three (3) bedrooms for lodging and serving of break£ast to thc B&B casual, transient roomers. Lo- cation of Property: 1855 Depot Lane Cu- tchogue, NY. SCllvl#1000-102q-9.1. ' 10'.30 a.m. - STERLING HARBOR, INC./~o448 - Request for Variance from Code Article Ill Section 280-15 and the Building Inspector's December 9, 2010 Notice of Disapproval based on an ap- plication for building permit to construc- tion an accessory garage 1) proposed ga rage [ocatinn is other than the code re- quired rear yard; at: 2404 Camp Mineola Rd, Ext., Mattituck, NY. SCTM#1~00- 10:50 a.m. - J~ROME and SANDRA MARTOCCHIA, JIL J~o449 - Applicant requests a Special Exception under Ar- ticle II1, Section 280-13B(13). The Ap- plicant is the owner requesting authori zation to establish an Accessory Apart- ment in an accessory structure at; 67795 CR 48 Greenport, NY. SCTMg1000-33 3-17 11:15 a.m. - GEORGE and RUBY GAFFGA #6438 - Request for Vari- ance from Code Sections 280-13 (A)(1) and 280-18 and the Building Inspector's October 26, 2010 Notice of Disapproval based on an application for building permit to demolition and construct a new second single family dwelling at; l) more than the code required one fam- ily detached dwelling, 2) less than the code required rear yard setback of 50 feet, at; 175 Laurel Ave., Southold, NY. 11:45 a.m. - DAVID $, VERITY ~6452 - Request for Variance under Article II Section 280-9 and the Building Inspec- tor's November 17, 2010 updated Janu- ary 19,2011 Notice of Disapproval based on an application for Lot Recognition, which states the identical lot was created by deed recorded in the Suffglk Coanty Clerk's Office on or before June 30,1983 and the lot conformed to the minimum lot size ~et forth in Bulk Schedule AA as of date of lot creation. Proposed lot is less than the code required size and said deed was recorded after the code required date at; 865 Nokomis Rd. (Hiawatha's Path), Southold, NY SCTM#1000-78-3-26. Carryover Heatings, continued from prior meetings and pending additional information: Adjourned from Public Heating Jan- usry 6, 2011: 1:00 p.m. - TK ALPHA, LLC. 1'30 p.m.- BENAL1, LLC OI&I~Y ptlit,tO-iTkTi OF NEW YORK NO, 01.V06105050 .~ualff ed ~r~ ~uffolk County before the conclusion of each hearing. designated a~ve. ~les are available for review duting regular business hours offi~ at (631) 765-1~, or by e-mail: P.O. Box 1~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 6, 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 t t 79, Southold, New York 1 t971-0959, on THURSDAY, JANUARY 6, 2011: 11:50 A.M. TK ALPHA, LLC. #6437 - Request for Variance from Code Section 280-46 (Bulk Schedule) and the Building Inspector's October 13, 2010 Notice of Disapproval based on an application for building permit to construct commercial building at; 1) less than the required lot size of 40,000 sq. ft. for two buildings, 2) less than the code required front yard setback of 15 feet, 3) less than the code required minimum side yard setback of 10 feet, 4) less than the code required total side yards of 25 feet, at: 535 Pike St., aka Railroad Ave., Mattituck, NY. SCTM#1000-140-2-20. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~,Town. Southold.n¥.us. Dated: December 6, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1t79 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htlp://southtown.northfork.net December 6, 2010 Re: Town Code Chapter 55 -Public Notices for Thursday, January 6, 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 December 20th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin,q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, prov d n.q the returned letter to us as soon as possible; AND not later than December 27th: 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 December 29th: 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 Postin.q for receipt by our office before January 4, 20'1'1. 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 Ends. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME T K ALPHA, LLC #6437 MAP # 14-2-20 VARIANCE Construct Commercial Building REQUEST Less than required lot size; Setbacks DATE: THURS, JAN. 6, 2011 11:50 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 10067 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ~ week(s), successively, commencing on the 23rd day of December, 2010. Principal Clerk Sworn to before me this day of ~)~/~.._.- 201 LEGAL NOTICE' SOUIltOLD TOWN ZONINt; BOARD OF APPEALS - Request for Variance from Code Sec- tion 280-13 and 280-I5 and the Building Inspector's September 29, 2010 Notice ot Disapproval based on an application for building permit to construction an accessory structure 1) proposed build lng is not accessory to existing Mrnctllre. 2) accessory structure exceedmg the maximum 750 sq. fi, allowed per code; ;ti 43851) Main P.d (SR 25), Peconic NY S£~FM#100(I-75 6 a. [0;30 A.M. LOIS ABRAMCHIK ~ #6436 - Request for Variance from Code Sec tion 280-15 and the Building Inspector's August 16, 2010 Notice of Disapproval based on an application for building per- mit to construct an accessory in-ground swimming pool at; a location other than the code required rear yard, at: 28547 Main Rd. (SR 25)and Brown's Hill Rd (P,i~ate Rd), Orient, NY. SCTM#1000 18624.1. 10:50 A.M. BARBARA SCURA- COYNE #6441 - Request for Variance from Article XXIII Code Section 280- 124 and the Building Inspector's Sep- tember 28, 2010 Notide of Disapproval based on a building permit application for "as built" deck addition to exist ing dwelling at; 1) at less than the code ~eqinred rear yard setback of 50 feet. at: 1145 Oakwood Dr., (Oakwood Dr.) Southold, NY. SCq'M# 1000-704 3-10. 11:10 A.M. JOEL B. and JAMI ~ Request for Vari ance fi.om Code Sectipn 280-15 and 15D and the Building Inspector's September 20, 2010 Notice of Disapproval based on an application for building permit to construct an accessory garage at; 1) at less than the code required front yard setback of 50 feet, 2) dormers at more than the code permitted 40% of the roof width, at: 830 Clearview Rd.,(adj. to Cedar Beach Harbor), Southold, NY. SCTMg1000-89-3-11.5. 11'.30 A.M. WEST CREEK AVE. TRUST tTodebushl #6442 - Request for Variance from Article III Code Sec- tion 280-15 and the Building Inspector's October 14, 2010 Notice of Disapproval based on a building permit application fm "as built" accrssory in-ground swim ming pool at; 1) location other than the code required rear yard, location: 1295 West Creek Ave., (Holden Ave ) Cu- tcbogue, NY. SCPM#H)00-103-13 ~0 '" CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-v061050BO Ouallflea In Suffolk County 11'.50 A.M. TK ALPHA. LLC. #6437 - Request for Variance from Code Section 280-46 (Bulk Schedule) and the Building Inspector's October 13, 2010 Notice of Disapproval based on an application for building permit to construct commercial building at; 1) less than the required lot size of 40,000 sq. ft. for two buildings, 2) less than the code required front yard setback of 15 feet, 3) less than the code required minimum side yard setback of 10 feet, 4) less than the code required total side yards of 25 feet, at: 535 Pike St., aka Railroad Ave., Mattituck, NY. SCTM#1000-1d0-2-20. Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from October 21, 2010: Adjourned from December 2, 2010: 1:30 P.M. DONALD B. and JANIS G, 2.~0 P.M. LOUIS and Ei,IZ&BETH MASTRO # 6417 Thc Board of Appeals will hear all persons or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the eoncinsinn of each hearing. Each hearing will not start earlier than designated above. Piles are available for review during regular business hours and prior to the day of the hearing. If you have queatinns, please contact our office at (631) 765-1809, or by email: Vicki,Toth @Town.Sou th old ny it,S Dated: December 6, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vieki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971.0959 ZOND, I'O BOARD OF APPEALS TOWN OF 8OUTHOLD: NEW YORK In the Matter of the Application of COUNTy OF SUFFOLK) STATE OF NEW YORK) ~e g y m, de. se ~nd say ~t~ ~ ~ c~f? o~ sho~ on the cu~ent ~e~ment roll vedfi~ from ~e offici~ r ~m me ~ ) ~sessors, or ( ) ~ Rml Properly Offi~ ~.q%. ~ l~ . r~r~ on file pro~ whi~ abu~ and is across a public or private s~~' for eve~ s~o~ng ~e applic~t's pro~. or vehicular ri~tmf-way offr~r~ Sworn to befor~ me this ~2c~ day of /J~P-~; ,20~ · / ~o~ Publio) ROgE!:~T A] ~u!AllTI~'4SON PLEASE list, on the back of this Affidavit or on a sheet 0f paper the lot ntunbers next to the .ownor names and addresses for which notices were maiied. Thank YoU. $1.05 $2.80 $2.30 $0.00 $6.15 0£C2020/0 12/20/2010 ~ -~.~ State, ZIP+4 . ' ............... ~ ................. Po~,g, $1.05 Certified Fee $2.80 Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 10 Postmark DE' ' 2 0 2010 PJ20/2010 ~ Postage ~ Return Receipt Fee ~--t (Endorsement Required) Res ficted Delivery Fee (Endorsement Requ red D Total Postage & Fees $ ~0.61 $2.30 $0.00 10 Postmark Postage Ceffified Fee nj ~3 Return Receipt Fee E:3 (Endorsement Required) ~ Restricted Delivery Fee (Endorsement Required) t"-I Total Postage & Fees · Complete Items 1, 2, and 3. Also comph~te Item 4 If P,~,'"'tflcted Delivery is desired. · Print your name and address on the reverse so that we eon tatum the card to you. · Attach this cerd to the back of the mailpiece, or on the froot If space permits. 3, Service Type ~=l::[~;er tiffed Mail I-~ Registered r-I Insured Mail 4. Restricted Delivery? (ExPo Fee) 7007 3020 0002 6840 3763 F1 Express Mall [] Return Receipt for Merchandise I-1 C.O.D. nyes February 2004 Domestic Return Receipt 102595-02-M-1540 ZONING BOARD Of APPEALS ...... -TOWN OF SOUTHOLD:NEW YORK -- X In the Matter of the Application of ' (Name of APb)Ii ~cant) AFFIDAVIT. . OF S GN POSTING Regarding Posting of Sign upon Applicant's Land Identified as -X COUNTY OF SUFFOLK) STATE OF NEW YORK) I,.~Z'-~-~/~ /'.j ~-/~/'~O/~/ residing at ~&~/~/~ , . ~ ~ ~¢ ~ New York, being duly sworn, depose and say that: Onthe ~ k~ dayof'~.(~ ,20(~lpersonallyplaced the Town's official Poster, with the date o[ hearing and nature of my application ' noted thereon, Se'curely 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 days/ prior to the date of the subject hearing date~a~' eadn a as shown t e Sworn to before me this ¢,2_? daY o;[ ~ , 20~'O. ,~~,r ~ ~ ROBERTA. MARTINSON ' h,~.ary Public, State of New York (Notary Public) No. 4902951 { u~Nfiv-.d in Sui:f61k County t.~.~..~ c~....... ' ..- , E~xpires August 1 7 . *near the entrance or. driveway entrance of my properly, as the area most visible to passersby. · Complete Items 1, 2, and 3. Also complete item 4 It Restricted 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 maiIpiece, or on the front if space permits. 1. Article Addressed to: A. Signature J~.~dressee B. C. Date f Delivery Receded by (~ ~~) ~,,. / / D. Is delive~j address dlfferent flomitern 17~[] Yes If YES, enter delivePJ address below: ~'No 3. Service Type 2. Article Number (rrans~r from smvlce labe~ 7007 3020 0002 6840 3794 PS Form 3811, February 2004 Domestic Return Receipt · Complete Items 1, 2, and 3. Also complete Item 4 if Restricted 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 ma~lpiece, or on the front if space permits. 1. Article Addressed to: J l~-/z ~ [] Yes [] No Certified Mail [] Express Mall [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes PS Form 3811, February 2004 7007 3020 0002 6840 3817 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted 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. 1, Article Addressed to: PS Form 3811, February 2004 [] Agent [] Addressee niteml? [] Yes' [] No [] Express Mall [] Return Receipt for Merchandise [] insured Mail [] C.O.D. 4. Restricted Delivery? (E~tra Fee) [] Yes 7007 3020 0002 6840 3787 Domestic Return Receipt 102595-02-M-1540 ~ T K ALPHA LLC 45 BROIDY LANE SOUTHAMPTON, NY 11968 (631) 287-1618, FAX 283-2252 Ms Vicki Toth Zoning Board of Appeals Town of Southold P O Box 1179 Southold, NY 11971 Re: TK ALPHA, LLC #6437 Dear Ms Vicki Toth: Enclosed find the original certified receipts of sending of notices as required and the original receipts of receiving the notices as required. Enclosed are the Affidavit of Mailings and Affidavit of Sign Posting, as required. The notice has been posted on the property. We are in compliance with all orders. Very truly yours, Edward Broidy, Manacling Member/' BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 $oothold, 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 SOUTI-IOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 November 3, 2010 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XlV of the Suffolk County Administrative Code: ZBA File #6437 Action Requested: Within 500 feet of: Owner/Applicant: T K ALPHA LLC Construct commercial building (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) 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 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 MEMO TO: FROM: DATE: SUBJECT: http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 Planning Board Leslie K. Weisman, ZBA Chairperson November 3, 2010 Request for Comments ZBA #6437 - T K Alpha LLC As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED T K ALPHA 140-2-20 #6437 10113/10 280-464 11/3/10 William J. LLC HB Zone Soehl, Architect Your comments are appreciated by December 19, 2010. Thank you. Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. 6oehringer 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 August19,2011 Edward Broidy TK Alpha, LLC 45 Broidy Lane Southampton, NY 11968 Re: ZBA Appeal #6437 - TK Alpha, LLC Dear Mr. Broidy: Enclosed is a copy of the Board's August 18, 2011 determination filed today with the Town Clerk regarding your application. Vicki Toth Encl. Copy of Decision to: Town Clerk (original) Building Department February 16, 2011 T K ALPHA LLC P O BOX 298 RIVERHEAD, NY 11901 (631) 287-1618, FAX 283-2252 Zoning Board of Appeal Town of Southold P O Box 1179 Southold, NY 11971 Re: T K Alpha, 535 Pike Street Mattituck, NYL Dear Ms Vicki Toth: Enclosed find 8 copies of Amended Site Plans plus re-denial of building permit from the building Department. I took this Board's advice and made some major changes in the Site Plan. I also took their advice and hired a local attorney, Mr. Bill Ooggins of Goggins & Palumbo of Mattituck. I am looking forward to seeing you in March. very truly yours, Edward~Broidy, Managing Membe7 T K ALPHA LLC P O Box 298 Riverhead, NY 11901 (631) 287-1618, FAX 283-2252 March 7, 2011 Leslie Weisman, Chairperson Zoning Board of Appeals Town of Southold P O Box 1179 Southold, NY 11971 Attn: Vicki Toth Re: TK ALPHA, LLC 635 Pike Street, Mattituck, NY RECE]'VED BOARD OF APPEALS Dear Chairperson Weisman: Enclosed find 8 copies of the revised smaller building for 635 Pike Street, Mattituck, as requested at last Zoning Board meeting of March 3, 2011. TK Alpha LLC will have a work session with Planning on Monday March 14, 2011 at 4:00 PM, as per the request by the Zoning Board. We hope this meets with your approval. If 1here is anything rise needed, please contact us. Very truly yours, EcFward Broic~'~9~anaging ~.~er ~BnBB BBB3 ~ = ____-=- nnnn nnE8 ~BBBB F1BB3 _~ "i iii STBRE NAME iiv ' "" ;j STFIRE NAME I '"''"" :, II tl II II II II It II J~ :.'.:.: :.: fill II ,.'."::'.. . Il lfl ~11 II II II II II I1~ ,. .. O ...... D ....... O .. ,', FRBNT ELEVATInN RECEIVED~ BOARD OF APPEALS 35' T.K. ALPHA LLC - PRBPBSED ]}UILDING 535 PIKE STREET - HATTITUCK NY 631-287-0555 Not to Scale March 7, 2011 TEL = 2'x8' 4 TUBE 4.OW = DUPL. EX 15A 120V := EXIT' LIGHT & SION = ONE WA"( SWITCH := '7 DAY/24 HR = POWER PANIEL = 'FE LE P H 0 N E LAY FN FL. DtJI~E:,E.LIIT 3LJTL L r TH E R IvlO S TAT ( 150 AMP) SCALP ',1/ BXIVFIN(.,t ~Rc, NI E.I. BVAI'ION BXIP1'INd RBAR b!LP. VATtON SCALP ',1/4'i*1'"0'l WILLIAM J. SOEHL~ ARCHITECT SELDEN, NEW YORK 11784 PHONE/FAX: (631) 698-31.58 [{,-MALL; (AS EXIST1NG B[IILDING .... ~IRS1 I'LOC R TK ALPHA LLC 535 PIKE S FREE~ MATTITHCK, N.Y. TOWN OF SOUTHOLD WS 0,~/11/10 ~c*~, 1/~"= ILO" ~o~ 8 8 A-8 *'/'0//.$/ ... SCDHS ReL# C10-10-0006 SANITARY DESIGN SITE DA TA MINIMUM REQUIREMENTS FOR ~*" FINISHEDBLDG' FLR. SITE AREA = 0.2654 ACRE PAVED PARKING AREAS ~ ~ ~ / X ~ ~ ~o ~o~ = ,~ II ~1111~s ~'~ II U '~1111~,~' ~.~--~ '~=~ ~ 600 gpd/s.I. ~ 0.~65~ Acre = 159 gpd. ALLOWABLE FLOW IL ,~-ZI ~.~ .  t~ ' HOUSING UNITS lo 600 Gq. fl. = 150 gpd. GREASE TRAP SEPTIC TANK POOL . 2 Aperlmenls = I~00 s~fl. = 300 ~pd. ~ ~ ~' :3- WET STORE = 0./5 ~pd/s~.[f. *12OOgpd./s~.fl '~*~ ~ I~OO Gq. fl. ~ 0.15 g~d/~q, ff. = lEO ~pd. KEY MAP ~ r ~ ~ ~ SEPTIC SYSTEM CROSSECTION ~' ~ 3 D~Y STONES 0.03 gpd./sq, fl. I" - 6oo' ~ ~.~ 539 ~ ~' ' ~ SANITARY DESIGN SEPTIC TANK (~ DAYS FLO~) - 539 ~2 = I0~8 ~ USE I I~00 goL SEPTIC TANK ~' diD. ~ 4' liquid depth GREASE TRAP ~~~ ~.~ ~ ~ ~ ~' 0.1~ g~d./sq, ff. ~ 1200'sq.H. = 144 gpd. ~G~ ~ ~ USE 8 die. ~ 5' liquid depth GREASE TRAP * ~'~06~ ~~ LEACHING POOLS · · o, ~L TEST BORING t' . 8~ 0109 0 ~ ~ ' . PINE BARREN CALCULATION~ ~y M~ld Ge~cle~e ~'~ ~ ~ ~ ~ ~;~ ~ ~ ~[C~D[S~[O~O~ I P~N~ B~'REN CREOlT = 3OOSANITARY FLOW 0~ ~ ~ ~ ~59 = 3~. ~ ~~. ASPHALT ~ ~ ~ E. S, KALOGERAS~ P.E. TO ~ S~ ~ ~ WE~IN~ 0 ~ CONSUL TING ENGINEER UNION SQUIRE ~{~-~ ~ ;' '. ~ ~ ~ ~ RIVERHEAD, NEW YORK, 11901 ~0~ ~ TO PROPOSED USES ~. ~ ~ ~ ~ ~=~ . I- ~ET STORE (Bagel TYPE "A' o X , . ~ / -_ ~ ~ ~ ..... %~ 3- DRY STORES COMMERCIAL CURB o ~- ~ ~ ~ / ,OP~ ~. ] ?~= ~ ONE BEDROOM APARTMENTS 'b~ ~, ~ X ~ ~ -~ ~ x PARKING ' ~ ~.XX~- ~ X ,.~o~.~o~,~o~,T~.~.,~.~=o. --' ' ~ '- [ t 2- I BEDROOM APARTMENTS- 2 sp~ces .o ,~.=~o~o~..,0~. ~ ~ 1108/20~ 5.5 spoces - 5.5 speces FOOT~ v~s ~ ~ ~ kk~ ~ ~ -- ,~ ~ ~.~o~..~..~.~.o,,~.~ ~ ~ .... , k I- WET'STORE (B~g~I S~op) ~ ~ ~ ~.~... 12.4 spoces ~ ~ ~, ~ ~ ~ ~ ~ I ~ ~ ~ m '' 8- SPACES PROVIDED INCLUDES, ~ k ~ ~, ~ ? ~ ,~ ~ ~ ~ ~ ~,~.~...~ ........ HANDICAPPED SPACE ~ ~* '* * '* ~0 ~ ~ ~ ~ ~ '~ _ ~ ~ k ~ ~ ~ ~ ~ . '~""~'°~c°~o?':~"~°"' ,UTILIZE MUNICIPAL PARKING AT ~ k ~ ~ ~ ~' S~ / ~ k ~ ~ X ~ ~C~L CL~-~,~U~ 150 E~TT HPS ~ ~ ~ ' ' ~ ~ ~ , ~ ~ /' ';,~ ..... 1000-1~0-03-0~ ~ ~ ~ ,~ ~ . ~ ~ , ~' FIRE~ZRIC~ MATTITUCK PROPOSED BLDGS, 2573 ?~ ~PS -- ~o ~ ~ ~ X , ~ ~ SCHOOLDISTRIC~ MATT/TUCK / . ~ , ~ ~,~' 'o ~ k '~A ~ · ,, ~ ~ / ~c~ X k- ~k ~ %~% ~ . ~ ~ ~,s k~ ~ ~k / _~.~o~ :ANDSCAPED AREA 2438 Gq. ff. Y PLAN OF PROPERTY ,.,,. ' ' ( , - Xx / 9143 sq. fL x I "0.17 = 1554 cu. ft. (N.Y. / . _ / . xl¢ TOWN OF SOUTHOLD '1000-'0-02-20 ~o~o~ -' m~l¢~ 2~'~ ~ ~, ~ ¢~' ~ca/e: 1"= 10~ N '-',un;",Drill Or Blast] ~ = SUGAR MAPLE - e I/8' - 3' CALIPER Before You UTILITIES oc~'- ~. 8 8010 [revisio.sl SHED NOT SHOWN HEREON TO BE REMOVED OVERHEAD ELECTRIC ~vov. E, go 0 t~i~vulonsl EL. 80,5 ~ EXISTING ELEVATION CABLEVISION 49618 CALL US TOLL FREE 1-~0-g52-79~2 ~0.6 ~ PROPOSED ELEVATION PUBLIC WA TER NY Industrial code nJle 753 requires no ELEVATIONS ARE REFERENCED TO THE FIVE '. SEPTIC SYSTEMS ON SITE ' [ess ~an two war2Jng days notice, but not EASTERN TOWNS TOPOGRAPHIC MAPS (NGVD) , GAS [631, 765' 5020 FAX 16~1) 7~5 -1797 11,561sci -~ ~. o. ~0~ 909 AREA = __,. ft. .AN FROM SURVEY COMPLETED ~",~,,09 I.~O TRAVELER STREET ~ ~ I ~ I~1 '" BY PECONIC SURVEYORS~P.C. SOUTHOLO~ N.Y. 11971 LI,.~-I,JL./ j A~ ~r NY5 ~ddlm E~ 2OO7. fa~e 720.K 2) I{~m [,br~ 15-1.~1, m; ( 2-h' fire wal ra~) PROP05~-~ 5~.CON[9 fbOOP. PL. AN wALL SMOKE DETECTORS MUST BE INTERCONNECTED AND IRED w/ BATTERY IBACK UP I WILLIAM J. SOEHL, ARCHITECT SELDEN, NEW YORK 11784 PHONE/FAX: (631) 698-3158 PROPOSED SECOND FLOOR PLAN TK ALPHA LLC 535 PIKE STREET MATTITUCK, N.Y. TOWN OF SOUTHOLD WS 1/4''= 1'-0" 2105 DATE 05/11/10 3 8 A-3 12 ~OVI~ ~l~, A, NP L~5 A5 I~O'P 4" CO~E~OAk~ (673 VINYl. ~l~f~l~ ( pI~Nf C~NI.Y~ FLAf RO~ (5f~L) (~HINP) 5f01~'5 51~N ( I~Y OWNI~R) (~FP,) -- STORE. NAME STORE NAME- STORENAME - 60tONer L~,N1~,I5 (lYF,) 6~A55 PO0~ 5) rP.O?O g fRONT If. UF::VATION 5Nt-,I~E5 ANI2 L~A~7~5 A9 C lYF.) FROF05~.I? RP_.AR BbUVATIQN SCAbB :1/4"~-I'~0'' I W~ILLIAM J. SOEHL, ARCHITECT SELDEN, NEW YORK 11784 PHONE/FAX: (631) 698-3158 F~.MAI~ WI! .I I A$1_SOEHI~YAHOO.COM TITL£ PROPOSED ELEVATIONS FRONT ELEVATION & REAR ELEVATION TK ALPHA LLC 535 PIKE STREET MATTITUCK, N.Y. TOWN OF $OUTHOLD WS 1/4": 1 '-0" 2105 05/11/10 4 8 A-4 PP~OPOSI~P PJdHf 511Yl~ I~L~VATION I WILLIAM J. SOEHL, ARCHITECT SELDEN, lqEW YORK 11784 PHONE/FAX: (631) 698-3158 PP~OPOSI~P b~Ff 51Pf~ ~lC¢l~i. ASfi P-.O~ll4fi ¢cilq¢..~ 5 (1Y¢,) 60N0~1~ I~O(X PAINI~P W/ I~t~IH CO~.OC, pAINf PROPOSED ELEVATIONS RIGHT SIDE ELEVATION & LEFT SIDE ELEVATION TK ALPHA LLC 535 PIKE STREET MATTITUCK, N.Y TOWN OF SOUTHOLD WS 1/4" = 1'-0" 2105 05/11/10 SHEET hiE], 5 8 A-5