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
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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
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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