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HomeMy WebLinkAbout6514 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net RECEIVED ZONING BOARD OF APPEALS ~ /)- 0 ~ ~1 I TOWN OFSOUTHOLD or ~ t · Tel. (631) 765-1809 · Fax (631) 765-9064 I~ !~/~ ~ ~?-'~. ~__~ FINDINGS, DELIBERATIONS AND DETERMINATION ~ ' MEETING OF NOVEMBER 17, 2011 outh ld 'l'own Clark ZBA FILE: #6514 NAME OF APPLICANT: Martin Kosmynka for KOS, LLC SCTM# 1000-96-1 - 1.4 PROPERTY LOCATION: 50 Commerce Drive (Middle Road aka NYS Route 48), Cutchogue, NY 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 11 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 October 11,2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION.' Subject parcel is located in the LI zone, it is improved with self storage buildings. The area of the site is 133,594 sq. ft., it has 148.06 fi. of frontage on Commerce Dr., 390.42' on the westerly property line, 327.24' on Middle Rd., 354.76 along the easterly property line and 277.90' along the northerly property line as shown on the site plan prepared by DiGiovanni & Associates Architects dated 7.19.11. BASIS OF APPLICATION: Request for Variance from Art. XV, Section 280-63, (bulk area and parking regulations) and the Building Inspector's September 7, 2011 Notice of Disapproval based on a building permit application to construct a carport at; 1) less than the minimum front yard setback of 100 feet, 2) more than the maximum lot coverage of 30%. RELIEF REQUESTED: The applicant is requesting to construct a commercial carport 40'X45', in the front yard area over a portion of the existing parking area to protect metal mobile storage units from inclement weather conditions that cause rusting. The code required front yard setback is 100 feet and applicant is requesting 15.67 feet and the code required lot coverage is 30% maximum and the request is for 32.7%. ADDITIONAL INFORMATION: This application was submitted to the Southold Town Planning board for comments. In a memo dated October 18, 2011, the Planning Board stated they have no objection to the variances requested. The Zoning Board received three letters from neighbors in support of this application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 3, 2011 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property Page 2 of 3 - November 17, 201 I ZBA File#6514 - KOS, LLC 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 will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The parcel is a Light Industrial Zoned parcel, improved with four large storage buildings, office and an apartment for the caretaker. Surrounding parcels are all commercial in nature and the proposed carport and location are in keeping with the area. The carport will be open on all sides. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The subject parcel contains two front yards and the location of the existing improvements make the proposed location of the carport the only ama available. 3. Town Law §267-b(3~(b)(3}. The variance granted herein is substantial for the front yard setback variance, it represents an 84% relaxation from the code. The lot coverage requested is not substantial only representing a 9% variance from the code. However, the proposed location fronts on a cul-de-sac that gets very little traffic and the proposed carport will be placed on an area that is already paved on the subject property. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this commercial industrial park will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant has agreed to place gutters on the carport leading into the existing drainage on site, so all roof runoff will be contained on site. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created, the applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 1~267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a commercial carport, while preserving and protecting the character of the neighborhood and the health, safety and welfare of this LI industrial district.. 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 Goehringer, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variance as applied for, and shown on the site plan and elevations prepared by DiGiovanni & Associates Architects dated 7.19.11 and labeled A-1. Subject to the following condition: 1. Based upon the carport's proximity to the street, all roof runoff shall be contained in on-site storm drains. Thai the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page 3 of 3 - November 17,201 I ZBA File#6514 - KOS, LLC CTM: 1000-96-1-1.4 Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider. (Absent was: Member Horning) This Resolution was duly adopted (4-O). Leslie Kanes {Wa~sman, Uhair_.person Approved forfiling t////~, /2011 NORT ;-1 FOF, I 26 preston avenue ~ .~ sea cliff, ny 11579 fax(516) 759 - 7138 II; II;.-. · . Zonin~ Analysis A~a of 51t~ 1~5~4 ~f Exs~n~ ~ dn~ ~ve~e = 40,035 ~ - = 540°4~'50"E , Minimum ~a~ Ya~ = 10' ~qId '~ ~'TEEL 60UJMN5 J ~ ~ RE~ED  BOARD OF ~ ~ I/~" = I'-~" ~ FINAL MAP ~ ~ ~ ~ ~mEWE~vz~ NORTH FORK ~ ~( ~//~{ ~ ~ Self Storage - -. ~ ~ ~ vaz xa a~alAa~ ELEVATIONS ~ SITE PLAN l" = ~o'-o" '~ ~ ~IT~ LOOATION PLAN .,, AS'a'=NOTED '1I METAL 5TANDIN¢ ~'~ / SEAM ROOFIN¢ ~ ~TEEL 60LUMN5 ~ ~ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE SARAH LANSOALE, AICP DIRECTOR OF PLANNING October 11,2011 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman Chairman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Nnmhers Kosmynka, Martin (KOS, LLC) Moore, David 6514 6515 TRK:ds Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave,) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED OCT 1 9 To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Martin H. Sidor, Chair/~,~ ~__~ Members of the Planning Board BOARD OF APPEAL~ Date October 18, 2011 Re: Request for Comments for KOSMYNKA, Martin (KOS, LLC) SCTM# 1000-96.- 1 - 1.4 ZBA# 6514 The Planning Board received your request for comments regarding the above application for area variances to construct a 1,800 s.f. carport building and offers the following comments: This proposed addition is not contrary to the Town of Southold's Comprehensive Plan. It is located inside an already established industrial park which is well-screened. The increase in lot coverage is negligible. Further, the impact is less due to the proposed structure having no walls, and being located on an area that is already paved. Based on the above reasons, the Planning Board has no objection to the requested variances. If you should have any questions or require additional information, please do not hesitate to contact the Planning Office. TO: Martin Kosmynka of KOS LLC 50 Commerce Dr. Cutchogue, NY 11935 TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL RECEIYED SEP l~ 1 20]1 BOARD OF APPEALS DATE: 09/07/11 Please take notice that your application dated August 19, 2011 For permit to construct a carport at Location of property: 50 Commerce Dr., Cutchogue, NY County Tax Map No. 1000 - Section '96 Block 1 Lot 1.4 Is returned herewith and disapproved on the following grounds: Pursuant to Article XV, Section 280-63; the Bulk, area and parking regulations, the proposed carport is not permitted. The minimum front yard setback is required to be 100'. The proposed front yard setback is 15.67'. Also, the maximum lot coverage is 30%. Upon completion, the lot coverage will be 32.7%. Also, pursuant to Article XV, Section 280-62, Site Plan approval from the Southold Town Planning Board is required. Authorized Signature CC: ZBA, file, Planning Bd. Note to AppUcant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. ~EGEZVED Assignment No. bS[ or-tn o~ BOARD OF APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS HouseNo. ~O Street CO/~off//..~/~¢~ Hamlet SCTM~000Secao.~g mock / Lot(s) /. ~ LotS~e I ~) APP~ THE ~TTEN DETE~INATION OF THE BUDDING ~SPECTOR DATED ~/7 /// BASED ON S~VEY/SITE PL~ DATED 7~/~ ~// . npplicant(s)/Owner(s): ~~ ~~ ~O~ Mailing Address: ~Om ~ ~ C~ Telephone: 7~/' ~/7~Fax: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name ofgepresentative:/~/~/0~,// fO~/~'TA//,~a for (~wner ( )Other: Telephone:~f-l/?0Fax: ~ ']/O~ Email: P~¢, check to specify who you wish correspondence to be tnailed to, from the above names: (")'Applicant/Owner(s), ( ) Authorized Representative, ( ) Other Name/Address below: WHEREB~HE BI)ILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED/7//O/ //fl and DENIED AN APPLICATION DATED ~//~////FOR: · · 1~ ~uiiding 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: X V Section: c~ ~P~ Subsection: (t~ 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 0~ has, been made at any time with respect to this property., UNDER Appeal No(s). ~)'~'~ Year(s). cx~qOO,_~'' .(Pleasebesttre'lo research before completing this question or call our office fi>r assistance) Name of Owner: Z]~i~File REASONS FOR APPEAL (additional sheets may be used with preparer's signature): RECEZVED $£P 2 1 20II AREA VARIANCE REASONS: ~OARD OF APPEALs (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: .~r.5 ~ L-.~ c~kmn"~c~t ~:~5~-r~''c~'b- (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: lob.--~'-¼;S i5 -i-~_ or~N oi~a 5p~ce- ~v,-.~,Ic~: ~r ~ c~.. (3) The amount of relief requested is not substanlial because: ~0V¢-¢~,..~0~' O~ 1700 K:~.g~.~~s ~'5/o-u~c~.~. 2%~£~,'~,',-.0 (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? (~Yes, or ( )No. Are there Covenants and Restrictions concerning this land: ~3/ No. [] Yes (please furnish copF). 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 ATTACHED USE VARIANCE SHEET: (Please be~sult~ Sworn to-before me this [~'- ~yor~e.~v~:0 t l . Notary Public COMPLETE THE Signature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) VlCKI TOTH Notaq Public.State of New York No. 011'06190696 ~ Q,ualified_in Suffolk County ^ uommlssion bxpi/es July 28, 20 / ~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ~/~0Of-~}~ ~ )~)Z~X~ I~ ~fA.~ Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: SEP 2 ! 2011 BOARD OF APPEALs II..New Construction Areas (New Dwe, lling or New Additions/Extensions): D~.mens!ons of first floor extcnsion: ~5-~r OYS(-[. D~r~Oq%l',~q~-, ~,C~r × t4Of~L Dtmenmons of new second floor: ~ - - ' Dimensions of floor above second level: Height (from finished ground to top of ridge): ~0' Ip ~ ~ 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: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: ~ (o, ~7 .~ ~. Proposed increase of building coverage: lqO~ 5~, f--4f, Square footage of your lot: ] ~'~/ ~ o/t~ Percentage of coverage of your lot by building area: '>~0 °/0 V. Purpose of New Construction: c .5¼ hc 14 VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): 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 SEP 1 ZOff BOARD OF APPEALS 1.) Are there areas that contain sand or wetland grasses? p/~ 2.) Are those areas shown on the survey submitted with thi§ application? ~2~ 3.) Is the prop~erty bulk headed between the wetlands area and the upland building area? F O 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed construction at or be ow five feet above mean sea level? /Ct O Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? ? 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?/~ 12 yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: If Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Depamnent to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel?/-J O If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel ~-~f 5~r.~ WOM~9~=C~ and the proposed use ~ ~f~ o ~ . (ex: cxis~g s~gle f~ily, proposed: s~e wi~ g~age, pool or other) ~~~ate 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 Appficanl or Project Sponsor) SEQR RECE~'VED SEP ~ 1 2811 1.APPLICAnT/SPONSOR 2. PROJECT NAME BOARD OFAP $. DESCRIBE PROJECT BRIEFLY: ~voFoSe~ co~l~v.~c-~,or~ c,¢ o._ cc.,VlPO,'+ ¼,5 .Caci ~,'.k.f 7. AMOUNT OF LAND AE ECTED: 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? r"~Yes [] No ff no, describe bfleffy: WHAT IS PRESENT LAND USE IN VICINIT¢ OF PROJECT?'(Cho~ce as malnyasapply,) ~Yes ~ ff yes. I~t agency ~ end pe~ / approval: 11~ ~$PECT OF THE AOTION ~V~ A ~RRENTLY V~D PERMIT O~PBOV~LY '~ ~S A ~ULT OF PRO.BED ACTIO~ WI~ ~ISTIH6 PERMIT/ ~ROVA[ RE~I~ MODIFIOA~N~ If the action is a Costal Area, an~ you are a state agency, complete the Coas~l ~sessment Form before proceeding with this assessment aEALs P.ART Ii- !MPACT ASSESSMENT {To be comp!eted by Lead Agency1 A. DOES ACTION EXCEED AN'.~ TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 r-lYes r~No RECEZVED BOARD OF AppEAL,~ If yes, soordlnats the review process and usa the FULL FAF. B. WILL ACTIQN RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS iN 6 NYCRR, PART 617.67 If NO, a negative declarait,3n may be supemeded by another Involveci agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS .a,$SOClATED WITH THE FOLLOWING: [Answers may ba hendwflhenl If Cl. ~la~.qual~. so?a.ce oi- gro~. nd..v~r quality or questity, nolee levels, exis~ng Iraf~c pattern, solid waste 0roduc~oa Or disposal. m,m.~ ,ar eraemn, araa3age a-m]na~ng pm~rm~? Expiate ~el~y og ca or uifuml resources orcommu~lity or neJghlx)moad character? Explain briefly I C3. V ~ngeta6on or fauna, fish, shellfish o~ wildlife sge¢les, ~gnificant habitats+ o~ ~,restmtad or enda~t~eca~l' soec~e~? EXplain b~y:. C6. LOOg terr~, sllof't tsrm, cumulative, or other effects not -~of~fle~ in Cl-C5'~ "-~l~i; blJefly: ' ENVIRONMENTAL AREA {CEA)? {~f '(ss, explain bhef~/ E. ~THERE, ORI~ THERE LIKELY TO BE1 CON~.rRov ~ERSY RELATE~a TO POTENTIAL ADxr::rRr SE ENVIRONMENTAl. IMPACTS? If UY°$ LZ}"°I ' -- ' ' PART III - u~= H~.[MINATION OF SIGNIFICANCE (To be ~omplefad by Agency) INSTRUCTIONS: F~reac~adVarsee~ectidenti~edab~ve~det~nnineW~etherit~ssubstant~a~arge~im~ntor~t~iessign~nt~ Each effect shoutd be assessed in connection With its (a) setting (i.e. urban or rural); (b) probability of occurring; (¢) dumlton; (d) i~'evorsibility: (e) ge(~;Faphic scope; and (f) magnitude. If necessary, add attec~menta or mforence supporting matariala. Ensure that explanat~ contain sufficient detail to show that all relevant advarse impacts t~ava been identi~nd and adequately addressed. If crdeslton dot ~eft ii was checked yes. the de~orminalion of significance must evaluate th~ potentialimpact of the 3~sed action on,he environmental charactmfatlcs <~he CEA. Name of Lead Agency Date Title of Responsible Officer Pdnt or Type Name of Responsible Officer In Lead Agency Signature of Resp0nsible Officer in Lead Agency Signature of Preparer (if dh'femnt from responsible oTltcer) AGRICULTURAL DATA. STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operaiion located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk Coun~ Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 6) Location of Property {road and tax map number): 5© C©~r~e.FCE i)v~(gt', c/'~. I. I, q 7) Is the pamel within ~ agfieultu~l district.'? ~No ~Yes If ~es, Agfieult~al Dis~ct Number q~-z - 7 8) Is this parcel actively fa~ed? ~No ~Yes ~ ~--q ~1 I 9) Name and address of any owner{s) of land within the agricultural district contaimng active f~ operation(s) located 500 feet of the bo~d~ of the proposed project. (Mfomation may be available t~ough the Town Assessors Office. Town Hall location 1765-1937) or from any public computer at ~e Town Hall locations by viewing the pamel numbem on the Town of Southold Real Prope~y Tax System. Name and Address 1.qS-~--l/,£r, pSt~ ~,.~, IV C~d p~rJ~rsh,p C7o 5t)~c~,,~ 4%/(t~r~r~O (Please ese back sid~of page if more th~ six prope~y owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of thc Planning Board at '76~ °r~ e ~d of Appeals at 765-1809. Signature of Applicant Date Note: 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed acti6h on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be a~ted upon by the board. 1-14-09 APPLICANT/AGENT/REPRESENTATiVE TRANSACTIONAL DISCLOSURE FORM C~VED SEp 2 ! 011 BOARD OF APPEALs The Town of Southold'a Code of Ethics vrohibits conflicts of interest on the oart of town officers and emnlovees. The vuroose of this form i$ to orowde reformation which can ale~ the town of oo~ble conflicts of ~nterezt and allow it to take whatever aaion :, nc - to avoid same. (Last na{ae, fl~st abe, mi'dd~e'initial, unless you ar~t applying in the name of someone else or other entity, such as a company. It' so, indicate the other person's or company's name.) ~ NAME OF APPLICATION: (Check all that apply.) T~ grievance Building Variance v/' 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 or employee oftheTownofSouthold? 'Relationshp"includesbybood, man'iage, or busmess interest. Bus ness intemst" means a business, including a pa~toership, in which the town Officer or employee has even a partial ownership of (or employment by) a corporation in which the tow~ officer or employee owns more than 5% oft~ shares. YES NO V If you answered "YES". complete the balance of this form and date and sign where indicated. Name of person employed b3 the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shams of the corporate stock of the applicant (when the applicant is a corporation); __Bi the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or __D) ~he actual applicant DESCRIPTION OF RELATIONSHIP Form TS I Town of Southold P-E~EZVED A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM BOARD OF APPEALs All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Plamling Deparanent, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [~ Building Dept. [] BoardofTrustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent o£action: Location of action :_ Site acreage: Present land use: Present zoning classification: SEP 1 ZOll If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: ~ (.~Q I~O~/~ ~1~ 5~f)~_Sf_.~ (b) Mailing address: ~0 207Y'I ~ff, D~( ¢~ (c) Telephone number: Area Code p~l - ~'~ q - ~ I~ (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~] No [~ lfyes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes ~ No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] (Not Applicable - please explain) Anach additional sheets if necessary ............... ~ Policy 3. LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes [] No [~ (Not Applicable - please explain) Enhance visual quality and protect scenic resources throughout the Town of Southold. See Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [~ Yes [~ No [] (Not Applicable ~ please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southoid. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [~ (Not Applicable- please explain) Oh . ' Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No [~ (Not Applicable- please explain) ~OARD ~F Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No ~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] (Not Applicable- please explain) or"', PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No ~-~ (Not Applicable - please explain) xl:$1.-lr' i o,..¢hoha. 14- Oc rO'n Io$ IDoL,'.Q/'i ,Bu.-I-- Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 th rough 56 for evaluation criteria. (~ ~ / [] Yes [] No [~ (Not Applicable- please explain) REGEZVED I BOARD OF APPEAl Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section HI - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No ~ Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [~ Yes [] No [] Not Applicable - please explain ARach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [] Not Applicable- please explain T OVeN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork. net Examined ,20 Approved ,20 Disapproveda/c h-- Expiration ,20 PERMIT NO. RECEI'VED SE? ~, 1 ZBll BOARD OF APPEALS BUILDINGJRMIT APPLICATION CHECKLISq 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 Single & Separate Storm-Water Assessment Form Contact: Mail to: AUG lO 2011 BLDG. DEPT. Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,20// a ..... s aFp.;;a,,,a ...... e completely filled in by typewriter or in ink m~d submir~ed 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 not be commeuced 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 tbe 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 slmll expire if the work authorized has not commenced within 12 months after the date of issuance or has oot been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted io the interim, the Building inspector may authorize, Jo writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION 1S 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 all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Mailing address of applicant) State ~vhether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises FaBTB SffZf 5fog- (As on the tax roll or latest deed) If applicant i~ co~oration, signature of duly authorized officer_ ~ame ~d title of co.orate o(ficer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed.work_will CO/lq/*"/ ~'~C~ be~/~lrd~,vc[orce: House Number Street Hmnlet County Tax Map No. 1000_ ~ection Subdivision 77]~ff' Block / Lot / ~' Filed Map No. ~'~; - / .-- Lot 2. State existing use and occupanc~premis~ and intended use and a. Existing use and occupancy /00 ~ ~"]] ~'~O1~ K b. Intended use and occupancy ~/~:1/~ 3. Nature of work (check which applicable): New Building. Repair Removal Demolition 4. Estimated Cost [O ~<~ Fee 5. If dwelling, number of dwelling units If garage, number of cars ~ ~_~ occupa~y of proposed construction: ° Addition Other Work Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor If business, commercial or mixed occupancy, specify nature and extent of each type of use. 5~,F ~'-r"¥~'~'6"~ 7. Dimensions of existing structures, if any: Front Height. Number of Stories Rear _Depth Dimensions of same structure with alterations or additions: Front Rear Depth_ Height Number of Stories : 8. Dimensions of entire new construction: Front Rear .Depoth Height Number of Stories 9. Size oflot: Front ]~.--~,~,g//~J:~Rear Depth 10. Date of Purchase '7/~' b ~r~ Name o f Former Owner ~jJ~~ 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES I/r NO __ 13. Will lot be re-graded? YES__ NO PWill excess fill be removed from premises? YES NO 14. Names of Owner of premises S~1~. ]('OS',~.7,Ok~Address 5'~ ~,-o~-,e~'~r- Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetlanc~? * YES · IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BEJREQUIRED. b. Is this property Within 300 feet of a tidal wetland? * YES NO II · IF YES, D.E.C. PERMITS MAY BE REQUIRED. No c./ 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 NO ~ · IF YES, PROVIDE A COPY. OONNIE D. BUNCH STATE OF NEW YORK) SS: COUNT. Y O~ Notary Public, State of New York No. 01BUSJ 86050 Qualified In Suffolk County~ ~-~ Commlaelon Expires Apd114, 2,-~0~-~ ~'/e//f~//""//C,~ /~?_~./t-~y .~4~, _ being duly sworn, deposes and says that (s)l~e is the applicant (Name ~f i'ndividual signing contract) above named, (S)He is tbe /¢//~¢'~¢~-"~ ' ' (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have.performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; aud that the work will be performed in the manner set forth in tbe application filed therewith. Notary Public Signature of Applicant TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER -~ '~-RE E T ~ ~ ACR TYPE OF BLQ (~'"Of~ p tl~C.,._ PROP'CLA'( IMP TOTAL DATE FRONTAGE ON WATERI. i~,,OAI~) OF APPEAI'~ TILLABLE WOODLAND MEADOWLANI HOUSE/LOT TOTAL 96.-1-1.4 4/09 96.-1-1.4 3/07 COLOR TRIM 1 st 2nd M. Bldg Foundation cB Fin. B. Bath ,~, ~.(, Dinette ;¢ov,¢'.4~- ~-C) ¥ /~,~ = ~ ~ ~ 0 ~0 Basement CRAWL PARTIAL Floors Kit. 3~/0= 30 ~10~0 Heat D.R. FORM NO. 4 TOW~ OF SOUTHOLD BUILDING DE PARTS~-/qT Office of the Building Inspector Town Hall Southoid, N.Y. RECEIVED SEP, 1 011: CERTIFICATE OF OCCUPAI~C¥ No: Z-32362 I~ate: 05/21/07 T~IS C~RTIFIES eh~t t]~e h~]a;~"3 SELF STORAGE FACILIT"f Locatio~ of ~: . 20345 CR 48 ~ confo~s s~st~tialty tO the Application for Buildin~ Pe~it heretofore fil~ in ~s office ~t~ ~Y 6, 2006 ~m-t to w~ ~l~n~ ~t No. 32262-Z ~t~ A~UST 2, 2006 was issued, ~d confo~s to all of the retirements of the applic~le provisions of the law. The oc~p~cy for which this certificate is issued is 9mLw STOOGE FACILI~ WI~ OFFICE & ~ ~ ~PLI~ FOR & ~ PER CONDITIONS OF ZBA $5779 DATED !2/01/05. ~e ce-~tificate is issu~ to KOS LLC. (OWNER) of the aforesaid building. A"i~RCTRI~ t~u~TIFICATE NO. 3028799 0~/2~/07 PLUMBERS u~KTIFICATION DA~'~u 05/21/07 BURTS RELIABLE, INC. Rev. 1/81 FOI~ NO. 4 TOWN OF SOUTI{0LD BUILDING DEPARTMENT Office of the Building Inspector Town ~all Southold, N.Y. REGEZVED BOARD OF AppEALS CERTIFICATE OF OCCUPANCY NO: ZL32184 -~T~ tu~d~[Fr~ ~hat ~he bu/]~3 STORAGE BUILDING ~2 Location of Pro~y: 20345 CR 48 CUTCHOGI/E (HOUSE NO.) (STREET) (~L~LET) County Tax Map~o. 473889 Section 96 Block 1 Lot 1.4 Subdivision Filed Map No. __ Lot No. __ conforms s~ost~tiali¥ to the ~plicatio~ fo~ ~uildi=g 2e~it ~e~etofo~e f£1ed ~ t_~s o~£i~ c~ted DITTY 6r 2006 ~iR~ ~t ~. 3~R2~-~ ~t~ ~Y ~0, 2006 provisions of the law. The occup~cy for which this certificate is issued SELF STO~GEBUI~t~ ~ ~ ~PLI~ FOR. ~e ce~ifi~te is is~ ~ KOS, LLC (O~R) of the aforesaid building. uu~FOLK COUNTY DEPARTMENT OF~ALTHAPPROVAL N/A Rn~r~ICAL CERTIFICATE NO. 3004520 PLUMBE~.S tlWJkTtFICATIO~ DATED N/A 01/26/07 /~~ horiz~ Rev. 1/81 FORM TOW~ OF SOUTHOLD BIJILDiNG DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. 1 2011 BOARD OFAppF~ CERTIFICATE OF OCCUPANCY No: Z-32185 I~te: 02/06/07 the bt~ilR{-g STORAGE BUILDING Location of Property: 20345 CR 48 (HOUSE NO.) (STREET) Co%~ty Tax~ml~No. 473889 ~e~tion 96 Block 1 Subdivision Filed Lot 1.4 (NAMLET) confoi~us substantially to the Application for Building Permit heretofore filed i~ t~is office dated JULY 6r 2006 ~,m~t to ~ki~ BuilR~3 Pe_~l~it No. 32224-Z dated JUL~ 20~ 2006 wag:is~ed, ~d_confo~ ~Ilof the re~r~nts~__of the app!ic~Ie provisions of the law. The occup~ for which this cer=ifica=e is issued SELF S~GE BUI~ ~3 ~ ~PLI~ FOR. Re certificate is is~-~ed to KOS~ LLC of the aforesaid build£ng. (OWNER) SUFFOLK COI~%~/"f DEPARTMENT OF ~EALT~ APPROVAL N/A ELEC~RI(/AL ~'~FIf5%_~E ~O. 3004 $20 ~LU~R~ ~IFIC~aTIO~ ~a~.-~,~ N/A /~~A~thorise~ Rev. 1/81 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehriager Vincent Orlando James Dinizio, Jr. Michacl A. Simon REGEIVED ~'~ ~ /~ BOARD OF APPEALS Southold Town Hall 53095 Main Road - P.O. Box 1179 Somhold, NY 11971-0959 Town Annex/F'ust Floer. No~h Fo~k Bank 54375 Mnin Read (nt Youngs Avenue) .~mtl~ld, I~FY 11~1 http://southoldtow n.nonhfea, L nm OARD OF APPEALS TOWN OF SOUTItOLD (6st) s-s ,4 ' 4 FINDINGS, DEUBERATION$ AND DETERMINATION MEETING OF DECEMBER,, 200~. ZB File No. 5779 - MARTIN KOSMYNKA, Contm~ Vendee (Tide Group, Current Ovmar) ~ ~ Zoning Board of Appea~ has visited the property under consideration in this application and determines that ~ review falls under the Type II cat. my of the ~ate's Mst of Actions, without a~ adveme eff~ct o~ the environment if the project is Implemented as planned. PROPERTY FAC'rS~E.~RIPTION; The applicant's 3.07 acre vacant site has 98 feet along Commeme Drive (cul-de-sac) in Cutchogue, and is located in ttte LtgM Industrial Zone Dis'~"ict. ~_~.~~: Building Department's August 2, 2005 Notice of Disapproval, citing Section 100- 43C In ~ denial of an npplk:alion for a bul~ing permit fi:)r an acce~ory apartment within a public storage building is not pefl'nltted under the provisions of the zoning code f~' accessory uses. The Zoning Board of Appeals held a public treating o~ [his app~kmtion on November 17, 2005 al which time written and oral evidence were premmted. Baaed upon all testirncmy, documentation, personal inapecfion of the property, and other evidence, the Zoning Board finds Ihe following facts to be true end relevant: VARL, a~NCE RELIEF REQUESTI~D~ The applicant wtsha~ to add a 902 sq. fl. Apartment dw~ling unit, next the 725 sq. ft. office area, all within one of ~e proposed new buildi~gs (building refen'ed to as Pl~se l) to be b~llt for public storage use in this Light Industrial Zone ~ REA,,,RONS FQR BOARD A~;TIO~ On the ~ of tmltimony presented, mater/als submltlad and personal inspe~ions, the B<~rd makes the following findings: 1. Grant of the variam~ will not produce an undesirable change in lhe character of ltm neighborhoOd or a d~ki,ent to near'ey properties. The new apartment (dwelling) unit will co~s~ of 902+- square feet and is ~ for the purpose of residency by the manager*employee of the public warehouse facility at this site. Access to the ~torage units by the public is available 24 hours a day by the employees of the warehouse fac~'l~. If the variance were not approved, an employee would not be able to reside at the site as part of the management and security of the public warehouse operations. 2. Tile benefit sought by the applicant for on-site tlv~qg apace for the manager ~f Ihe public warehouse fa~lity Cannot be achieved by nome method, feaeible for the applicant to pursue, oifler then by approval from t~e Zoning Board of Appeals for variance relief. 3. The variance gra~ted herein is substantial. Page 2 - December 1, 2005 ZB File Ref. 5779 - Martin Kosrnynka CTM 96-1 ~1.4 2011 BOARD OF APPEALs 4. The difficulty was seE-created when plans were designed for a business with a residential unit in a Light industrial Zone District. 5. No 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. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an apartment for the employee-manager of the public warehouse facility, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community, RESOLUTION OF THE BOARD; In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Chairwoman Olive, and duly carried, to GRANT the variance as applied for, as shown on the 4/6/05 site plan (A-l) and A-0 Plan of elevation and screening, prepared by DiGiovanni & Associates, Architects, SUBJECT to the condition that the occupant of the accessory apartment must be employed as the public storage/warehouse manager. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Dinizio, and Simon. .e.o,ut,on was du,y adopted 0.® Ruth D. Oliva, Chairwoman 12/c~"~ /05 Approved for Filing This ZONI'NG BOARD OF APPEALS Town Hall Amlex Building 54375 Route 25 P.O, BOX 1179 Southold~ NY 11971 BOARD OF AppEA/.~ Chairperson Leslie Weisman and board members: Hi, my name is Rick Delea. I am a property owner in North Fork Industrial Park, 96-:I-1.5. I have no issues with North fork Self Storage building a carport on their property. Sincerely' ~//,~0~ Rick Detea JUL-25-2Bll 11:32 ~EONK LbTqBF_~ ZONZNG BOARD OF APPEALS Town Hall Annex Building 54375 Route 2~ P,O. Box 1179 Southold, NY 11971 Chairperson Leslie Weisman and board members: SEP ,~ ! Hi, my name is Shane Smith. I am a property own.er.'irt:~erth Fork Industrial Park, 96-1-1.3. I have no issues with ,N"orth fork Self Storage building a carport on their property. Jul 25 11 06:41a MarkSchill ZONTNG BOARD OF APPEALS TOw~ Hall Annex Building P.O. BOX 1179 SoutJ~ld, I~' ].1971 p,2 RE~E~'ED BOARD OF ApPEALs Chairperson Leslie Weisman and board members: Hi, my name is Mark Schill. I am a property owner in North Fork Industrial Park, 96-1-1.9. I have no issues with North fork Self Storage building a carport on their property. Sincerely, ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville September 27, 2011 Zoning Appeal No. 6514 Transmitted herewith is Zoning Appeals No. 6514 of Martin Kosmvnka for North Fork Self Storage- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Notice of Disapproval from Building Department Dated September 7, 2011,Copy of Application for Building Permit with Disapproval Dated September 7, 2011, Copy of Property Record Card (Both Sides), Copy of Certificate of Occupancy No. Z32362 for Self Storage Facility with Office & Apartment Dated May 21, 2007, Copy of Certificate of Occupancy No. Z- 32184 for Self Storage Building #2 as Applied for, Copy of Certificate of occupancy No. Z- 32185 for Self Storage Building #3 as Applied for Dated February 6, 2007, Two Pages of Board of Appeals Findings & Determination No. 5779 Dated December 1, 2005, Letter from Rick Delea as to No Objections to Carport, Letter from Shane Smith as to No Objection to Carport, Letter from Mark Schill as to No Objections to Carport, Two Pages of Photos, One Page of Drawings Showing Elevations and Site Plan Dated July 19, 2011 Prepared by DiGiovanni & Associates Architects. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 09/26/11 * * * RECEIPT * * * Receipt~: 114746 Transaction(s): 1 1 Application Fees Reference Subtotal 6514 $1,000.00 Check#: 2459 Total Paid: $1,000.00 Name: No~h, Fork Self Storage P O Box1270 Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6514 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northt~)rk.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, NOVEMBER 3, 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, NOVEMBER 3, 2011: 1:30 PM - MARTIN KOSMYNKA (KOS, LLC) #65t4 - Request for Variance from Art. XV, section 280-63, (bulk area and parking regulations) and the Building Inspector's September 7, 2011 Notice of Disapproval based on a building permit application to construct a carport at; 1) less than the minimum front yard setback of 100 feet, 2) more than the maximum lot coverage of 30%, located at: 50 Commerce Drive Cutchogue, NY. SCTM#1000-96-1-1.4 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by emaih Vicki.Toth~,Town. Southold. ny.us. Dated: October 1t, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box t179 Southold, NY 11971-0959 #10423 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott of Mattituck, in said county, being duly sworn, says that she is Prindipal 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 20th. day of October, 2011. Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY NOVEMBER 3, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur suant to Section 267 of the Towu Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hear ings will be hem by the SOUTHOLD TOWN ZONING BOARD OF AP PEALS at the Town Hall, 53095 Main Road, PO. Box 1179 Southold, New [ York 11971-0959, on THURSDAY NO- VEMBER 3, 2011: I 10:00 AM - JOAN BERGLU~D~ O~4?P - Applicant requests a Special Exception under Article Ill, Section 280-13B(13).The Applicant is the ownerI requesting authorization to establish an Accessory Apartment in an accessory structure at; 75 Edwards Lane (aka 25605 Main Road) Orient, NY. SCTMg1000- 18-3-14. 10:15 AM - JOAN BERGLUND 0651~ - Request for Variance from Ar- ticle III, Code Section 280-13C and 280- 15, based on an application for building permit and the Building Inspector's June 20, 2011 Notice of Disapproval, concern ing "as built" art studio; 1) "as built" construction of an art studio is not a per- mitted use, 2) less than the code required rear yard setback ti 20 feet,located at: 75 Edwards Lane (aka 25605 Main Road) Orient, NY. SCTM#1000-18-3-14 10:.45 AM. DAVID MOORE 065fq - Request for Variances from Art. XXII Code Section 280-116A(1), Art. XXIII Section 280-124 and Art. III Section 280-15 and the Building Inspector's June 17, 2011, updated September 16, 2011, amended October 4, 2011 Notice of Disapproval based on a building per- mit application for "as built" additions and alterations to existing single farady dwelling and accessory hot tub at; 1) at less than the code required setback of I00 feet from the top of bluf~ 2) more than the code required maximum Itt coverage of 20%, 3) accessory structure located in other than the code required rear yard or front yard on waterfton~ properties, located at: 21075 Smmdview Avenue (adj. to Long island Sound) Il:IS AM - ~KENNETH HEIDT Principal Clerk day .... 2011. 06516~ Rgq~esi for Variances from Code ~ e XXI1 Section 280-116 and Article XXIII Section 280-124 and the Building Inspector's September 21,2011 Notice of Disapproval based on an application for building permit for demolition and con- struction of a new single family dwelling at: 1) less than the code required setback of 75 feet from a bulkhead, 2) less than the code required single side yard set back of 15 feet, 3) less than the code re- quired combined side yard setback of 35 [eet, located at: 8530 Pecoalc Bay Blvd., (adj. to Great Peconic Bay) Laurel, NY. SCTM#1000-126-11-22 11:30 AM - BARBARA TERI[{ELL g6513 - Request for Variance from Arti- cle XXEI Code Section 280-124 and the Building Inspector's August 2, 2011 No- tice of Disapproval based on a building permit application for construction of a porch addition and "as built' deck addi- tion to existing single family dwelling at; 1) less than the code r6quired front yard setback of 35 feet, 2) less than the code required rear yard setback of 35 feet, at: 2630 Gillette Drive East Marion, NY. SCTM#1000-38-2-27 11:50 AM - MICHAEL and COR- RINE SLADE 06510 - Request for Vari- ance from Code Article XXIII Section 280-124 and Article XXI1 section 280- 116 and the Building Inspector's August 1 l, 2011 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling at: 1) leas than the code required rear yard setback of 50 feet, 2) less than the code required set- back of 75 feet from a bulkhead, located at: 1435 West Road (adj. to Wickham Creek), Cutchogue, NY. SCTM#1000- 110-7-26. Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing dc tober 6, 2011 1.~0 P.M. - TAUBIN FAMILY TRUST fORRI g6509 1:30 PM - MARTIN KOSMYNKA K LL~ _ Request for Vari- ance from Art. XV, Sectlon 280-63, (bulk area and parking regulations) and the Building Inspector's September 7, 2011 Notice of Disapproval based on a build- lng permit application to construct a car- port at; 1) less than the minimum front yard setback of I00 feet, 2) more than the maximum lot coverage of 30%, located at: 50 Commerce Drive Cutcbogue, NY. SCTMg1000-96-1-1.4 -1:50 PM - PATRICK TREANOR g6512 - Request fo~ Variance from Article III Section 280-14 and the Building In- spector's April 21,2011 updated Septem- ber 7. 2011 Notice of Disapproval based on an application for building permit for construction of a tliird story "as built" to an existing dwelling at: 1) more than the code required number of stories of two and a half, located at: 2055 Grandview Drive Orient, NY. SCTM#I000-I 4-2-3.20 2:15 P.M. - CATHRIN STICKNEY #651,7 - Request for Variance from Ar- ticle III, Code Section 280-15, and the Building Inspector's August 2, 201l, re vised October 3, 2011 Notice of Disap proval, based on a budding permit appli cation to construct a second story deck addition to an accessory garage, at: I) more than the code required maximum square footage of 750 sq. ft. for acces- sory buildings on lots 20,00060,000 sq. ft., located at: 1050 North Hyatt Road Southold, NY. SCTMg1000-50-1-13.1 The 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 conclusion of each hearing, Each hearing will not start earIier than des!gnated above. Inil~ 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 emai{: Vicki. Tot h@Town.~ 0ut hold.ny,~' Dated: October 11, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicld Toth 54375 Main Road (Office Location) 53095 Main Road (MallingtUSPS) ~'Y P.O. Box 1179 Southold, NY 11971-0959 10~423-1T 10/20 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: KOSMYNKA, MARTIN # 6514 SCTM #: 1000-96-1-1.4 VARIANCE: SETBACK & LOT COVERAGE REQUEST: DATE: THURS., NOV. 3, 2011 1:30 PM If you are in.terested in this. project, you may review the file(s) prior to the hearing dunng normal bus,ness days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS (Name of Applictants) SCTMParcel#1000- <~ /, ~ COUNTY OF SUFFOLK STATE OF NEW YORK I, tiff~7l(--'/ gO~J~ /6~b;~idl'~` residing at New York, being duly sworn, deposes and says that: O'hthe...~t dayof t~r.2 ~- ,20/I, I personally mailed at the United States Post OffiLe ~n , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelgpes addressed to current property owners shown on the current assessment roll verified 'fr6m the official records on file with the ( ) Assessors, or ( ) County Real Property Office for every property which abuts and is ~cross a public.or private street, or vehicular right-of-way of record, surroun~/g~e ~.licj~s (Signature) Sworn to beforo me this (Notary'eublic) ~ d~ ~ DI~BORAH H. VAN DtJZER NO. O1VJ~B186177No. 1V~ 1 177 PLEASE li~il~i~l~his Affidavit or on a sheet of paper, the lot numbers next to the o'aCfitalq*rl~$~t~g~J~s for which notices were mailed. Thank you. $2.~) [~ $0.00 $5.59 Postage $ ; ..~ TottaJ pop,tage & Fee~ $~.~ m ~ (Endorsement F ~ Restricted Deliver,/Fe (Endorsement Requirec I Sent T° c: ~ 3 5 L-LC _o./.p_ ~oox.6 -k "~ oo,,.6 ~$ i--'l~-~ [~£r~-~'t:~lEiorPOBoxNo. .................................................................... 5""'/0'~,.0 ~O v"C6 ~-G ~. "] -~outN'~l.b IV~ /'97/ Return Recep Fee (Endorsement Required) Restdcted (Endorsement R $ 06' -~o,,T~T..__ .~. z ~ Postage LO Postage Return Receipt Fee ru Ce r[ified Dee Total Postage a Fee( $ $~.~9 ~"EI] (Endorsement Required) -- -- ...B Total Postage & Fees ........ V'-o~,~ o~' -~ov'r'N-o~.J~ ~. ~.,ro ......................... ' ..... ~ ~ [sc~'~;~o."~o.  ~i~-~66.'~;7 ..................................................................... · Complete items 1,2, and 3. Alan Complete Ite~ ;t if Rest~lofed Dellverj Is de~rad. · Print your name and address on the reverse so that we can ratum the card to you. · Attach this card to the back of the mallplece, or on the front if space permits. Article Numbe~ ~ {Tran~Yer fr~n ~n,/ce/ab~) PS Form 381!, Febma~ 2004 I delivay address different from Item 1 ? If YES, enter delh/ery address below: Addressee Yes [] No n Return Receipt ~r Memha~:llse a [~sured Mall ~ C.O.D. R~ ~1~ ~ ~) ~ ~ 670 0002 1170 3000 D~,,~tl~ Retum Receipt · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Dellve~ Is desired. · Print your name and address on the mveme so that we can retum the card to you. · Attach this card to the back of the ma~lplsoe, or on the front if space permits. 1. Article Addressed to: 2. A~cle Number {Transfor from s~vlce/ebe~ PS Form 3811, February 2004 n ~ect D. Is dailvmy [] Yes If YES, enter delivery address below: [] No [] Ir~umd Mail [] Exp~ Mail I-I Retom Receipt for Mmchandise [] C.O.D. 4. Rset~cted Delivery? (~D(t~a Fee) [] Yes d 7010 1670 0002 1170 2980 Domestic Return Receipt · Complete items 1, 2, and 3. Nso complete ~em 4 if Rant~l~ted Delivery IS de, md. · ~nt Your name and address on the reverse so that we can ratum the card to you. · Attach thIs can:l to the back of the ma,piece, or on ~e front If space permits. 1. A~ticle Addressed to: A~ Signature El ~gent B. Received I C. Date of Delivery [] Reg~tered [] Return Receipt for Merchandise [] Insured Mall [] C.O.D. 4. ResffiCmd Delivery? ~ Fee) [] Yes PS ~orm 3811, ~,,,7 ~oo4 7011 0110 0002 5166 7121 Domestic Retum Receipt 7010 1670 0002 1170 3000  PAID CUTCHOGUE.NY 935 OCT Ii. 11 '' AMOUNT :ooo $5.59 11935 00056769-03 (>0 I~ I~-~0 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of Applicahts) AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identi~d .a..s SCTM.Parcel #1000- ~1~ COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at / , New York, being duly sworn, depose and say that: On the _~_/__~ day of t~)C2- ,201 / , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be (Signature) Sv~om to beforq mc this .~! ~t~my~" ot g)e./vb2_~, 20~ I ~blic) * n~~ay en~ce of my prope~y, ~ ~e ~ea most visible to p~serby. Postage Certified Fee (Endorsement R, Street, A~'tT~l~? .................................................... -~ ................ L;;g-;;2.°_._ 1 cv"r-c.~ o rrv~ M //c1~5" · Complete items 1, 2, and 3. Also complete item 4 if Re=~ictad Delivery Is desired. · Print your name and address on the reverse so thet we can return the card to you. · Attach this card to the back of the maJJpiece, or on the front if space permits. 2. Artlch~ Number PS Form 3811, February 2004 [] ~Oent IsdellveryaddressdJffere~t from item 17 r-i Yes If YES, enter delivery address below: [] No Sen/ice Type [] Insured Mall [] C`O.D. 7010 1670 0002 1170 3017 ~,,,~,,~,;;u Return Receipt ~ f.~ · Complete items 1, 2, and 3. Also Complete Itan 4 If ~ Delivery IS desired. · Prfnt your name and address on the reverse so that we can return the carol to you. · Attach this card to the back of the maifpisce, or on the front if space permits. 2. Article Numbe~ ~' R~v~bY (Pr/nt~'N~F~) lC, Date of Delivery I - -Ir'~"l ~...~av~,~dd~d~tf~.~m~? []yes ! 'r If YES, enter delivery address below: [] No [] lnaumd Mall [] Return Receipt for Memhandise [] C.O.D. 4. Resalot~d Dalk, e~ (E~a F~e) []Yes r (r~'~rrrom~,~ea~) 7010 1670 0002 1170 3024 PS Form 3811, February 2004 Dorn~tlc Retum Receipt 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 October 7, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, November 3, 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 October 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 al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any publi_c or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, prov din.q the returned letter to us as soon as possible; AND not later than October 26th: 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 October 26th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant]agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before November 1,2011. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS}. Very truly yours, Zoning Appeals Board and Staff Encls. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 USPS Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 MEMO TO: FROM: DATE: Planning Board Leslie K. Weisman, ZBA Chairperson September 22, 2011 SUBJECT: Request for Comments ZBA # 6514 KOSMYNKA, Martin (KOS, LLC) 1000-96.-1-1.4 As confirmed with your office, the ZBA is reviewing the following application. Enclosed are copies of the Building Department's Notice of Disapproval, ZBA application, and current map on file. The Planning Board may be involved under the site plan review steps under Chapter 28,0 (Zoning), and your review and comments are requested at this time. NAME TAX # ZBA # Code Variance Date of PREPARER ZONE DIST Section Stamped OF SURVEY Survey KOSMYNKA, 96.-1-1.4 6514 Art XV, Sec Setback & lot 7/19/2011 DiGiovanni & Martin (KOS, LLC) 280-63 & coverage Associates Art XV, Sec Amhitects 280-62 Your comments are requested within 30 days of this letter. If desired, the file is available for review of additional documentation. Thank you. Encls. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF $OUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 USPS Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 September 22,2011 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: ZBA File # 6514 Action Requested: Within 500 feet of: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Owner/Applicant: KOSMYNKA, Martin (KOS, LLC) Construct carport. (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Lesli,e/~Veism~n By: C~'/~ ~ Vt BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn 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 1 t971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 November 18,2011 Martin Kosmynka KOS, LLC 50 Commerce drive Cutchogue, NY 11935 RE: ZBA Application #6514 Dear Mr. Kosmynka: Transmitted for your records is a copy of the Board's November 17, 2011 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Vicki Toth Encl. Cc: Building Dept.