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HomeMy WebLinkAbout6521I~O ~o BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELmE O, TIONS AND nZTZ MI ATI uthOld lark MEETING OF DECEMBER 15, 2011 ZBA FILE: 6521 NAME OF APPLICANT: TK Alpha, LLC SCTM# 1000-140-2-20 PROPERTY LOCATION: 535 Pike Street (a//k/a Railroad Avenue), Mattituck 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 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 16, 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 property is located in a HB zone and it improved with a pre- existing one story brick and block building. It has 72.61 feet of frontage on Railroad Avenue, a/k/a Pike Street, 132.99 feet along the western property line, 89.01 feet along the Long lsland Railroad property and 159.I6 feet along the eastern property line as shown on the survey dated last revision October 13, 2011 prepared by Peconic Surveyors, PC. BASIS OF APPLICATION: Request for Variance from Article X Code Section 280-46 (Bulk Schedule) and the Building Inspector's October 31, 2011 Notice of Disapproval based on an application for building permit to construct new commercial building at; 1) less than the code required minimum side yard setback of 10 feet. RELIEF REQUESTED: The applicant proposes to construct a new commercial building with a side yard setback of 5 feet where the code requires 10 feet. ADDITIONAL INFORMATION: The Zoning Board requested comments from the Planning Board and in a memo dated November 29, 2011, the Planning Board stated they have no objection to the proposed 5 foot side yard setback from the easterly property line. This applicant had a prior variance on this property under application #6437, in which, the applicant was proposing a larger building and retaining the existing building on the subject property for a total of two buildings with commercial uses. This proposal did not yield adequate on site parking which would have caused a detriment to nearby properties because the local municipal parking lot is already at capacity. The application was denied as applied for without prejudice by this Board. The applicant's new site plan shows a proposed one story building with two stores and removal of the existing building. FINDINGS OF FACT/REASONS FOR BOARD ACTION: Page 2 of 3 - December 15, 2011 ZBA File#6521 - TK Alpha, LLC The Zoning Board of Appeals held a public hearing on this application on December 1,2011, 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: On the basis of testimony presented, materials submitted and personal inspections, the Board 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 neighborhood consists of a mix of older homes and businesses many of which have similar setbacks. The applicant's proposal allows for on-site parking that nearly meets the code requirement. 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 an area variance. However, due to the width of the lot, the minimal width practical for two uses in a commercial building, and best planning practices which dictate a minimum width of 20 feet for a driveway on the westerly side of the property to allow for on site parking and safe traffic flow, the proposed location of the new building is the most feasible.. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, but is mitigated by the overall character of the neighborhood in which many buildings in the area have setbacks that are much closer to the property line then the proposed building. 4. Town Law §267-b{3'~(b)(4} No evidence has been submitted to suggest that a variance in this hamlet business community will have an adverse impact on the physical or environmental conditions in the neighborhood. The new structure will be constructed using current standards with respect to septic and storm water run off. These standards far exceed most of the conditions that exist in the neighborhood. 5. Town Law §267-b(3}(b)(5}. The difficulty has been self-created. The applicant could have chosen to build a building with only one store however, due to economic reasons it would be unfeasible. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary to enable the applicant to enjoy the benefit of a new commercial building 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 Dinizio, seconded by Member Goehringer, and duly carried, to GRANTs the variance as applied for, and shown on the site plan/survey prepared by Peconic Surveyors PC., dated October 13,2011. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use. setback or other feature of the su~iect 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 December 15,2011 ZBA File#6521 - TK Alpha, LLC CTM: 1000-140-2-20 Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Horning, Schneider. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing/.~_._//~ /2011 ,/ o ¢ ~ SANITARY DESIGN x<5 ~.0. ~ SITE DATA MINIMUM REQUIREMENTS FOR ~ ' ~ ~ ~~' ~,r~ ~ ~~o~ TOTAL BLDG. AREA =2.780 sq. ft. ~ ~ ~ m ST - SEPTJC TANK SHIELDED ~ . . % ~ ' . ' ' · ~ ~ ~X~ I ~n.6 kk ~ ' o ~ ~ x ~ / F~E~STRICT, MAT~TUCK SI~ATUR~ OF ~G[NE~R I STORE 1 3056 FIXED WI1 ~' TRAN $ (X3) FLOOR PLAN SCALE: 114"=1'-0" BATH 3070 45q3" BATH 3070 STORE 2 ~ 3070 DPJ~EANS 3056 FIXED Wf16" TRANS (X3) ( p~ PERSPECTIVE VIEI~ DO' NOT SE, ALE iT-O" (~ 45" OF BRICK COVERED MAIN FLOOR FRONT ELEVATION OOALE: 9/1~,"=1'-0" REAR ELEVATION 00ALE: 3/1 ~,"= 1'-0" ~) RICHT 51DE ELEVATION 5~ALE: 9/1 ~,"= 1 '-0" LEFT 51DE ELEVATION SCALE: 9116"= 1 '-0" REVISION5 150UED FOR PLANNINO _.5OUTHPORT PBDIqN IZO N° O~EAN AVE BAYPORT, NY l~7oa 631-4]9-6158 5DSINC C~ OPT~NLI~ E,N ~T' PROJ E(~T D5SC~RIPTION PROPOSED TF'~O 5TORE5 IN ONE 5TORY BRICK BUILDIN~ at 535 Pike Street Mattituck, NY 11952 OI~INER AND LOC~ATION T.K.ALPHA, L.L.C. P.O.BOX 298 RIVERHEAD, NY 11901 631-287-1618 .~[~ECEZVED ~qO¥ 0 4 ZOll ~30ARD OF APPEAL~ DRAV'~INE~ A-1 OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEIVED E, AicP DIRECTOR OF PLANNING November 16, 2011 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair 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 impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicants Winston, Eve TK Alpha LLC MunicipalFileNumbe~ 6520 6521 Very truly yours, TRK:ds 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) 853-4044 TO: T K Alpha 42 Ponquogue Ave. Hampton Bays, NY 11946 TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL RECE/VED ~/OV 0 4 ZC~I1 BOARD OF AppEaLS DATE: October 31,2011 Please take notice that your application dated October 18, 2011 For permit to construct new 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, the side yard setback is a minimum of 10', The site plan shows a minimum side yard setback of 5' .. 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. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS HouseNo~r3d Street ,~![~..~ ~.d~ Hamlet SCTM 1000 Section ]~OBiock ~ Lot(s) ~ Lot Size~~ne I ~)APPE~ TH~ ~TTEN DETE~INATION OF THE BUILD~G INS~ECZOR DATED ~ 131 Ill AS O S WV/SIT e nT . ' / I -I'-I' Appbcant(s)lOwner(s)! T ~ ~ Lr ~ ~ L L Tele~n~:~ FtC: 1~ ~ [~ ~ ~ Emai,: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative:.~c~ ~ ~i,' ~ ~ ~lj ~ for ~ _Owner( )Other'.. ~ease check to ~ec~ who you wish corre~ondence to be mailed to, ~om ~e above names: ~Applicant/Owner(s), ( ) Authorized Representative, ( ) Other Name/Address belo~v: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE P~AN// DATED and DENIED AN APPLICATION DATED/~ff// ~ Building Permit '/ / ( ) Certificate of Occupancy ( ) Pre-Certificate of OccupanCy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numb~r~. Do not quote the code.)~} Article: /x~ Section: ~L/~() Subsection: Type of.Appeal.' Ab 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, (.) .hgs not been made at any time with respect to this property, UNDERAppea~'No(s)._~_~Year(s). ~. ~ // . (Please be sure to research bqfore completing this~qu~sti~ orlcaII our office for asslstance) ! Name°fOwner:~l~ ~tp]I /~/-C Zl~ile# ~'1 ~OV O~ 2~ ~ASONS FOR APPEAL (additional sheets may be used with preparer's signature): BOARD OF APPEALs AREA VARIANCE ~ASONS: (1) A~~ change will not be produced in the CHA~CTER of the n~ighborhood ora det~ment~y properties if granted, because: / (2) applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial b~ecause: The benefit sought by the applicant CANNOT be achieved by some method feasible for the (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in theneighborhoodordistrictbecause: ~ ~._~ ~)C/-~( /.~ ~/Vffc,.~ /~ ~ Has the alleged difficul~ been self-created? ( )Yes, or ~)No. Are there Covenants and Restrictions concerning this land: ~No. ~ Yes (please &rn~h copg). 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 ATTACHED USE VARIANCE SHEET: (P/ease be sur~to co. It your attop~ey.) ~ Sworn to be[ore me this ~RILYN S N~ ~blic, State ~ ~ ~mmis$i~ ~ires March ~, ~ REC~E~VED Applicant: I. For Demolition of Existing Building Areas Please describe areas being removed: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) ,~ ~'r~ t ~'{ 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: 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: .~ ~ t~ J 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: Proposed increase of building coverage: Square footage of your lot: // "~ / Percentage of coverage of your lot by building ~trea:- V. Purpose of New Construction: /cgCF~gt~.~ 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 RECEIVED NOV 0 & ;10!i ~OARD OF APPEALS Are there any proposals to change or alter land contours? ~ No Yes please explain on attached sheet. 1.) Are there areas that contain sand or wetland grasses? 2.) Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the uplan, d~b~uilding area? 4.) If your property contains wetlands or pond areas, have¥ou contacted the Office of the Town trustees for its determination of jurisdiction? /~Jk~ Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. ls there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Id ~ Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? /~ ~ 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? ~4/1~ 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. 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. Please list present use or operations conducted at this parcel and the proposed use //'~/~/d (ex: cxisth~proposcd: same with garage, pool or other) Au~'horized sign[ture anc¥Oate / PROJECT ID NUMBER PART 1 - PROJECT INFORMATION ~ECEi'VED 617.20 ~OARD OF APPEA~.~QR APPENDIX C STATE E~IRONME~AL QUAL~ R~IEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLIS~D A~ONS ( To ~ ~m~et~ by A )fi~nl ~ Pr~e~ S~nser) 2. PROJECT N~E 4. PRECISE LOCATION: Street Addess a~l Road Irttarse¢l/orts. prOminenl landmarks eic -or provide tuna ,s PRO,OSED ACT,ON: .ow I-1 o.' Ini[Jal~y acres UIUmately acres '~ 8. WILL PROPOSED ACTION COMPLY V~qTH EXISTING ZONING OR OTHER RESTRICTIONS? I ~Yes []No If no, describe brlefly: 9. WHAT IS PRESENT LAND USE IN VIClNITf OF PROJECT? (Chonaeasmanyasepply,) E~] Other (desczibe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ~¥es [] No If yes, list agency name a.d petmil / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? l~Yes E]No Il yes, IIs~ agency name and permit / approval: 12.E~TMAS A~.~,.-EI~LT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNO~EDGE Sponso a Date: If the action is a Costal~rea, and you are a etaGe agency, BOARD OF~ P~ART !1 - IMPACT ASSESSMENT (To be completed by Lead Agency) I A DOES ACTION EXCEED AN~ TYPE I THRESHOLD IN 6 NYCRR. PART 617.4? If yes. coordinate the review B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS iN dec~araiJan may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED V~ C1. Extstil!g air quality, sumacs or groundwater quarry or quantity, nd. se levels poten~l ~or eraai~ ~ be handwriEen, ~leglble) produc~on 0r disposal, C3. C4. A communily's existing plans or C5. C6. LOng term, shod[ term. CUmulative. or other C7. O. W1LL THE PROJECT F ENVIRONMENTAL AREA ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A INSTRUCTIONS: effect shoul, sufficient detail t Checktt EAF and/or Check this t Cro ~e ~om~etacl by Agency)' substantial, large, important ex othe~vL~e significant. Each ~Vith its (a) sefflng (|.e~ urbar) or rural); (b) Probability of occurring; (c) Clumtion; (d) in'eversib~ity: (e) If necessary, add attachments or r~erence suppocJng matoriale. Ensure that explanations co~tain adverae impacts have been identi~ed and adequately addressed. If queslJon d of pert ii was checked Yaiuate the po[entiaiimpact of the pr*7.~ action onthe environmental charactaristlca of Ule CEA. )o~it h~ declerafic,'l, nors potentially large or significant adverse Impacts which MAy ocx:ur Then proceed directly to the FULL ou have determined, based on the information and analysis above and any supporling documentation, thai the proposed action1 impacts AND provide, Da attectm3et~ts as necessa~, the reasons supportislg this Name ~ Lead Agency Date Title of Responsible Of 6cer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible offtcer) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEWED NOV 0 4 ~Oil ~OARD 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 County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. ~ - ~ 1) Name of Applicant: ~ ~C}~[CQ %~ ~2) Address of Applicant: ~J-.~ Fa-d>/Dy .&.,~ £ -4 3) Name of Land Owner (if other than applicant): 4) Address of Land Owner: ~,f ~2 ~9/O,y ----- 5) Description ofProposed Project: ~ (ga~ ~J~ ,-TLr'/.t r~ ~ ..~, 6) Location ofProperty (road and tax .m,a. pnumber): /~ _ .p..- ~E) /~ ~7~ 7) Is the parcel within an agricultural district%~21Nc OYes If yes, Agricultural District Number 8) Is this parcel actively farmed? No [~Yes 9) Name and address of any owner(s) of land within the agricultural district comaintng active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office. Town Hall location (765-1937~ or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and ~ddress (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, v~hen requested from either the Office of the Planning Board at Signature of~Appticant ] Date 7 Note: / I. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed acti6~ on th6r 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 cl~rk of the board to the property owners identified above. The cost for mailing shall be paid by the aplSlicgnt at the time the application is submitted for review. Failure to pay a~ such time means the application is not complete and cannot be acted upon by the board. 1-14-09 APPLICANT/AGENT/REPRESENTATiVE TRANSACTIONAL DISCLOSURE FORM tgOARD OF APPEAL~ The Town of Soufi~old's Code of Ethics orohibit~ c~n fli~t~: of interest on the oart of town officers and emolovees. The: u,a~ of this form's to omvide n fe~metioa/~hich can alert the ~wn of ooss b e conflicts of ntere~ and allow it to take whatev~ action necessorv ~ avoid sam~. ~ ~// ~/ / ~ .2 / (L~t name, flint na~he, middle initial, unless you ar~e app.. ng in the name of someone else or other entity, such as a company. If so~i~ indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievanc~ Variance .~< Change of Zone ~ Approval of plat Exemption from plat or official map Other (If"Other", name the actNity..I Building Tms~ce Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town af Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest~' means a business, including a pa~mership, in which the town 6fficer or employee has even a partial ownership of(or employment by) a coq~oration in which the town officer or employee owns more than 5% oftbe shares. YES NO ~ If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) aud 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, o'r child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); ___C} an officer, director, panner, or employee of the applicant; or __.D} the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM RECEIVED NOV 0 20!i 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 Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION scm / to 2. - The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. j~ Building Dept. ~[ Board of Trustees 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 of action: Site acreage: //7 Present land use: ~ tn't ~ ~-~y'~' {-~ I '~ Present zoning cl~sification: ~ ~ ~ ,0/04 BOAR/') OF APPEALS If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: ~.~ ~]---P]4-~'~ [ (b) Mailing address: rff:> O ~O x/ o~ 7 F (c) Telephone number: Area Code ( ) ~ *'~/ '~ ~'"~ - /~--~/~'~ (d) Application number, if any:_ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [~ 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 11I - Policies; Page 2 for evaluation criteria. [~]Yes [] No ~t],(Not ApplicaJ~le- please explain) az-c o-,_'T, ./4. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria No [~ (Not Applicable - please explain) Yes ! ~ECEZVED ~OARD OF APPEALS Atiach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section II1 - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No ~/(Not Applicable - please explain) AUach 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 Pa/ges 8 through 16 for evaluation criteria [~ Yes I~ 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 Ill - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [~ (Not Applicable- please explain) AUach 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) ~_n_.~Dn Or: Appl:al $ ^ttach additionaI sheets ifnecessar~ Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. / [~ Yes [~ No ~(Not Applicable- please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes [~ No ~(Not Applicable- please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ Yes~ No~ (Not Applicable - please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section 111 - Policies; Pages 47 through 56 for evaluation criteria. [~ Yes [] No ~ (Not Applicable - please explain) .REC~IVE[}~-- Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and/Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes~k/]~x~ No [] Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes ~ No [] Not Applicable- please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. V~ Yes [] No [~ Not Applicable- please explain FAX: (631) 765-9502 SoutholdTown.NorthFork.net BUILDING DEPARTMENT .~ TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 Planning Board approval Survey_ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Tmstees Flood Perm,~t_ Examined _, 20__ IIL~ Storm-W~sessment Form ~0// 0m 2~ Contact: Approved _, 20 ~OARD OF APP~ .~a ail to: Disappr°v~cff~F ~'3-1°~ . / .. ~1~[ ~~~ APPLICATION FOR BUILDING PE~IT ~"1 ~ / Date a. ~is application MUST be completely filled in by t~ewriter or in ink and submitted to the Building ~spector 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 wate~ays. c. ~e work covered by this application may not be commenced before issuance of Building Pe~it. d. Upon approval of this application, the Building Inspector will issue a Building Pe~it to the applicant. Such a pe~it shall be kept on the premises available for inspection t~oughout the work. e. No building shall be occupied or used in whole or in pan for any pu~ose what so ever until the Building Inspector issues a Ceaificate of Occup~cy. L Eve~ building pe~it shall expire if the work authorized has not commenced within 12 months a~er the date of issuance or has not been completed within 18 months from such date. If no zoning amendmems or other regulations affecting the propeny have been enacted in the inte~m, the Building ~spector may autho~ze, in writing, the extension of~e pe~it for an addition six months. Thereafter, a new pe~it shall be required. ~PLICATION IS HE,BY M~E to the Building Department for the issuance of a Building Pe~it pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordin~ces or Regulations, for the const~ction of buildings, additions, or alterations or for removal or demolition as herein described. The applic~t a~ees to comply with all applicable laws, ordinances, building code, housing code, ~d regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signa~e of applicant or naoe, if a c~o~lto~ (Marling ad,mss of applicant) State whether applicant is owner, lessee, agent, ar~hitea, engineer, general contraaor, electrician, plumber or builder Name of owner of premises If applicant is a corooration, signature of duly/authorized officer (Name and title of corporate officer) / ' / Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. (As on the tax roll or latest deed) Location of_land on which proposed .work will be done: House Number Street CountyTax Map No. 1000 Section / ¢~ Block Subdivision Hamlet ~ Lot Z 0 Filed Map No. Lot ORIG ,IAL State existing use and occupancy of premises and intended use and occupagcy of proposed a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building ~ cc/ Repair Removal Demolition 4. Estimated Cost Fee 5. If dwelling, number of dwelling units If garage, number of cars construction: Addition Alteration Other Work (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height, Number of Stories i:!' i~'--',-...__i.~ ~ '-iV/ 0 Dimensions of same structure with alterations or additions: Front ,~, ~; ~ Depth Height_ Number of S(~ ~?~ . i ~ D~th 8. Dimensions of entire new construction: Front Rear , . ';~:~'~;;~ Height Number of Stories ~7', [ 9. Size of lot: Front Rear _Depth 10. Date of Purchase Name of Former Owner 1 l. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation?~) NO__ 13. Will lot be re-graded. Y~"',~ NO Will excess fill be removed from premises? YES . 14. Names of Owner of premises Address 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 wetland? *YES N~ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS Iv',/.~BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES (NO...~ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES (N~ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF~ - '~q//-~/0 ~LT~ ~ t/'4Y-- being duly sworn, deposes and says that (s,he is the applicant (Name of indivic~u~l signing contract) above named, (S)Heisthe ~ ~ (Com&or, Agent, ~rporate Officer, etc.) of said owner or owners, and is duly authorized to perfmm 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; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this~ c~¢ dayof ~ ~ ~- 20~c7' . .. VIC TOTH Notary Public Qua ified in ~o1.~ ~..un~ Oornmlssion FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of :he Building Inspector Town Hall Southold, N.Y. R£CEIVED ~OARD OF APPEALS Certificate C~ Occupancy No. ?.10748 Date Oct;ober .~.8. ~.. 19 .8.1. THIS CERTIFIES that the building ................................................ Location of Property ~,~]o: .... .535 ...... P.J,I/p..~t~r.e.e.~j ..... .H.a.t;.~J...t,.u.c.k t, New York s~t .... County Tax Map No. I000 Section 1.40 .Block 2 . .Lot 20 Subdivis/on ............................... Filed Map No ......... Lot No ...... . Reqult'ementa /'or a Commercial Building Buil~ '~' to conforms substant/al]y to the ' Ap~'J.l 23 =, Certificate of Occupancy Z10748 .................... , lg..~/pursuant to wh/ch Bldtd/~it-l~/or. -. .................... dated Oc~;ober 28 I~...8,1was issued, and conforms to all of the requ/~ements of the applicable prov/sions of the law. The occupancy for wli/ch th/s certificate L~ isSued is ......... ........... gat'are and ,S.h.o.~ The certificate is issued to ....... .J.a,m.?a F. Gilderalaeve and PaulJ. ne E. Gi2deralee of the aforesaid building. ' ........ /o'~, ~;///~/~'1~/~ .................... Suffolk County Department of Health Approval UNDERWRITERS CERTIFICATE NO. ~ / Building Inspector 1/81 ~( RECEIVED If NOV 3 2010 80ARD O~ APPEALS BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer {Deorge Homing Ken Schneider hnp://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hail 53095 Main Road ° P.O. Box 1179I Southold, NY 11971-095 / Office Location: Town Annex/First Floor, Capital }ne B~k 54375 Main Road (at Youngs .~ ~enueJI Southold, NY 11971 RECEIVED BOARD OF APPEALS 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 ti Town Clerk regarding your application. Vicki Toth Encl. Copy of Decision to: Town Clerk (original) Building Department ORIGIf !4L BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider RE~,EI~ED E~OARD OF ~PP~ Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 R£.C[IYrD. FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 18, 2011 outnold'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 FACTSfDESCRIPTION: 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, ft. for two buildings with four (4) uses, 2) less than the code required minimum side yard setl:aek 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 1 I, 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 I foot with total side yards of 22 feet to 5 feet with a confomtlng total side yard, the original front yard setback of 10 feet to a code conforming I5 feet and the requested 5 uses to 4 uses. Additiona}ly, the applicant on Mamb 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 thc original application and on January 4, 2011 received a memo stating the proposed intensity of the development wmdd be a substantial relaxation of the code, approximately 142%. The Planning Board recommended the area " ~EGEIVED Page 2- ^u§ust l~, 201! (0 5 2"~I ZBA File#6437- TK Alpha, LLC '~' (3 , '' :i ~CTM: 1000-140-2-20 ~IOARD OF APPEALS variances be denJod or substantially reduced, since they £eel the applicant could easily comply with Code, Zo~in~ a~d Bulk Schedule requirements. On April 22, 2011 the Zoning Board received a perking analysis o£ the L~v~ ng the e×lstmg pubh¢ parkmg is adequate £or the existing businesses and any new buildings located vJcJnJ~ should be ~qu~od to provide most J~not ail o~oJT p~k~g on-site. ~ Zoning Bo~d reque~od ~om P]~Jng Bo~d comments on ~e revJ~od pl~ submJ~od from ~e ~pplic~t. in a memo dated Ap~] 26, 201] ~e ~l~ing Bo~d s~tod ~t ~e overall conce~ Js ~e intensi~ o~ development proposed on ~e subsided lot, becanse it could does oot meet ~ requked on-site p~kin~, ~o~ do ~? suppo~ ~e use of~e exist~ buJldin~ ~ ~ second principal building. ~u~he~ore, Pl~ning would suppo~ 20~ i~dsc~pe coverage ~d a S foot setback. Additionally, ~e Zon~ Bo~d received ~o le~e~s ag~in~ ~e pmposod application s~ting ob]ecti~d to the ove~deve]opmant o~the sm~]l lot ~d p~king con~s. At ~e Public He~ing on August 4, 20] 1 ~e applic~t st~tod his wJllin~ess to remove ~e ~o units housin~ on ~e second ~oo~ o~ the pmposod new bui]din~ ~ °rde~ to ~etain ~e exJstin~ building on ~ subject pmpe~ ~or ran~l income. However, ~e Bo~d ~intod out ~at ~e dJ~cuJ~ ~s not ~e hoJ~t or uses pmpo~od in ~e now building but m~er ~e presence of~ second buiMing on tho small lot, which wouid ~her roduce required on-site p~king. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public heating on this application on January 6, 2011, March 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 t~e 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 intensity of use proposed would cause an increase in demand for parking in the district which is already at e maximum capacity, th 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 l~267-b(3)(b)(3). The variances as applied for in the amended application are Sotill substantial representing a 142 percent relief from the code requirement for the proposed two buildings and a 50~ relief for e 5 ft. side yard. t~ 4. Town Law 1~267-b(3)(b/¢4) Evidence has been submitted to suggest that a variance in this community have an adverse impact on the physical or environmental conditions in the neighborhood. A study conducted I~y the Planning Boar. cl and submitted into the record indicated that the available public parking in this business distr~t is at the maxim(un capacity and this proposal would further cause an adverse impact to the existing businehs 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 tv}o 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 adequa to enable the applicant to enjoy the benefit of their property and would not preserve or protect the character offl 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 und, New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Homing, and du carried, to ~EGEIVED Page 3 - August 18, 2011 · ZBA File#6437 - TI( A~pha, LLC [~ ~; 0 ,! CTM: 1000-140-2-20 ~O~RD OF APPEALS DENY, as applied for with out prejudice. As shown on the survey dated February 10, 2011 prepared by Pec~ Surveyors, PC. Vote of the Board: Ayes: Members Weisman (Chairperson), Horning, Goehringer, Dinizio, Schneider. This Resolution was duly adopt.ed (5 -0). Leslie ~anes Weisman, Chairperson Approved for filing ~/~ /2011 nic GIFT SHOP PROPOSED TWO STORES BY T.K.ALPHA L.L.C. P.O.BOX 298 RIVERHEAD, NY 11901 631-287-1618 ~EC~T~ED I\~, [~: ,ii ~OARD OF APPEALS TOWN OF SOUTHOLD PROPERTY RECORD OWNER STREET. VI LLAGE S RES. LAND _ ¥'0o SEAS. IMP. VL. TOTAL FARM DATE AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre milloble House Plot W CARD SUB. LOT ACR. I TYPE OF BUILDING BOARD COMM. REMARKS ''// . CB. MICS. Mkt. Value FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowlond DEPTH BULKHEAD Total DOCK COLOR 201I TRIM " Exten,sion Extension Extension Porch Porch Breezeway Garage Patio Total Foundation Basement Ext. Walls Fire Place Type Roof ' Recreation Room J Dormer Bath Floors Interior Finish I Heat Rooms 1st Floor [ Rooms 2nd Floor / Driveway J Dinette Town of Southold P.O Box 1179 Southold, NY 11971 Date: 11/07/11 Transaction(s): 1 1 * * * RECEIPT * * * ZBA Application Fees ReceiptS: 116193 Reference Subtotal 6521 $500.00 Check#:1018 Total Paid: $500.00 Name: T, K Alpha LIc 45 Broidy Lane Southampton, NY 11968 Clerk ID: CAROLH Internal ID: 6521 KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI 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 ~ ~ Members of the Planning Board November 29, 2011 Request for Comments for T.K. Alpha LLC SCTM#1000-140-2-20 ZBA# 6521 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southald, NY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED NOV 2 9 2011 BOARD OF APPEALS The Planning Board has reviewed the requested side yard setback variance and generally has no objection. The subject pamel is zoned Hamlet Business (HB) and is located in the Mattituck Hamlet Center where the proposed uses of a retail (dry store) store and restaurant (wet store) are consistent with the Town code and the Town's Comprehensive Plan. The proposed location on Pike Street, east of Love Lane, appears to be pedestrian friendly and would further the goal of the Town's Comprehensive Plan of enhancing the Mattituck Hamlet Center by improving walkability while maintaining its fundamental characteristics. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 11-7-11 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP 6521 TK ALPHA LLC 1018 $500.00 RECEIVED ,,, 7 2011 Sour: ~old Town Clerk TOTAL $500.00 Sent via Inter-Office to Town Clerk by: Thank you. ES 11968 1018 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.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville November 7, 2011 Zoning Appeal No. 6521 Transmitted herewith is Zoning Appeals No. 6521 forT 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, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Copy of Notice of Disapproval fi.om Building Department Dated October 31,2011, Copy of Application for Building Permit with Disapproval Dated October 13, 2010, Certificate of Occupancy No. Z10748 for Garage and Shop Dated October 28, 1981, Copy of Survey Dated February 11, 1977 Prepared by Roderick Van Tuyl, P.C., Four Page Copy of Findings & Determinations No. 6437 for Variance of Property, Drawing of Proposed Building, Two Pages of Photos of Property as it Exists, One of Property Record Card (Both Sides), Copy of Survey Showing Proposed Construction Dated October 13, 2001 Prepared by Peconic Surveyors, P.C., Copy of Plans Showing Elevations and Floor Plans Prepared by T.K. Alpha, LLC, Office Location: Town Annex/First Hoor, No~h Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 MEMO TO: FROM: DATE: SUBJECT: http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Planning Board Leslie K. Weisman, ZBA Chairperson November 7,2011 Request for Comments ZBA # 6521 TK ALPHA LLC USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of Building Department's Notice of Disapproval, 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 ZONING REQUEST SITE PREPARER ZONE CODE PLAN DATE STAMPED TK ALPHA 1000- #6521 Article New Oct. 13, Peconic LLC 140.-2-20 X, Commercial 20tl (last Surveyors Section Building revision) 280-45 Your comments are appreciated by November 28, 2011. Thank you. 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 P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 7, 2011 ZBA File # 6521 Action Requested: Within 500 feet of: Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Owner/Applicant: T K ALPHA LLC Construct new 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. Encls. Very truly yours, Leslie K. Weisman /'") By: '~f_~//II/~/ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 1, 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~ DECEMBER 1 ~ 20t 1: 1:00 P.M. - TK ALPHA, LLC. #6521 - Request for Variance from Article X Code Section 280-46 (Bulk Schedule) and the Building Inspector's October 3t, 2011 Notice of Disapproval based on an application for building permit to construct new commercial building at; 1) less than the code required minimum side yard setback of 10 feet, located at: 535 Pike St., (aka Railroad Ave.), Mattituck, NY. SCTM#t000-140-2-20. 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-t809, or by email: Vicki.Toth~,Town. Southold.n¥.us. Dated: November 10, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 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.north fork.net November 10, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday,December 1, 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 November 16th: 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 tn 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 durinq the hearing, providing the returned letter to us as soon as possible; AND not later than November 23rd: 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 November 23srd: 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 29, 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME'. TK ALPHA LLC # 6521 SCTM #: 1000-140-2-20 VARIANCE: SETBACK REQUEST: NEW COMMERCIAL BUILDING DATE: DECEMBER 1,2011 1:00 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 OF APPEALS-TOWN OF SOUTHOLD 765-1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of RECEIVED NOV ~ 0 20~I BOARD OP APPEALS AFFIDAVIT OF MAILINGS (Name of Applicants) SCTM Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YORK I, l,v'-/ residing at New York, being duly sworn, deposes and says that: Onthe ]z/ dayof A~/~t}' . ,2011, I p~rsonally mailed at the United States Post Office in ~ t~/c( ~/t~( , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicUlar right-of-way of record, surrounding t~appl' mat's pro~c~rt/~.7 , Sworn to before me this ~oday of ~3 c>~.~. ~x~ (Notary Public) ,20 [{ 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. m Postage Certified Fee $2.30 ~0.00 Street, Apt. N ' City, State, ZiP+ Postage Cetlifled Fee Return Receipt Fee ill (Endorsement Required) Res ricted [~elive~ Fee (EndorSement Required) Total Postage & Fees rn $1.28 Certified Fee $2.85 [:~ (Endorsement Required) $2,~0 (Endorsement Required) ~=~0 · ~[~t~Y~7 .......... : .................. ~: ............... , ............ orPOBoxNo. {~.. ~ ~ / ..... USPS.com® - Track & Confirm English Customer Service -, USPS. COM Quick Tools Track & Confirm 70112000000064336175 USPS Mobile Ship a Package First-Class Mai¢ Send Mail Delivered Manage Your Ma I Page 1 of ! Register / Sign In Search USPS com or Track Packages Shop Business SoLutions Notice Left November 15, 2011, 1249 pm FRANKLIN SQUARE, NY t1010 Arrival at Unit November 15, 2011,8:48 am FRANKLIN SQUARE, NY 11010 Dispatched to Sor~ November 14, 2011,5:17 pm MATTITUCK, NY 11952 Facility Acceptance November 14,2011, 9:09 am MA3q'ITUCK, NY 11952 Check on Another Item Wl~at's your label (or receipt) number? Find LEGAL ON USPS COM ON ABOUT.USPS.COM OTHER USPS SITES Pr,vac¥ '~ohcy Government Services About USPS Home ~ Business Customer Gateway Ternls Of [Jse 9uy Stamps & Shop > Newsroom > Postal h:spectors FOrA Print a Label with Postage ~ Mail Service Updates Inspector Genera[ ~ No FEAR Act EEO Data ~ Customer Service Forms & Publications > Posta~ Explorel > Site Index Careers ~ Copyugf~t~ , 2011 USPS All Rights Reserved https://tools.usps.com/go/TrackConfirmAction_input?qtc_tLabels 1 =70112000000064336175&qtc_senddate 1 ,., 12/4/2011 December 5, 2011 t K ALPHA LLC P O BOX 298 RIVERHEAD, NY 11901 (631) 287-1618, FAX 283-2252 Ms Vicki Toth Town of Southold Zoning Board of Appeals P O Box 1179 Southold, NY 11971 Re: TKALPHA, LLC 535 Pike Street, Mattituck, NY Dear Ms. Vicki Toth: Enclosed find the three of the four green return receipts along with the print out from the Post Office stating that the fourth one was delivered. I also spoke on the phone to the fourth one and they said they picked it up and signed for it, as I mentioned to you last week. If you have any questions, please call me at 631 287 1618 Very truly you_rs, Edward Broidy, M nag_aging-~ember · Complete items 1 I 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: [] B, Received by (Pdnted Name) D. Is delivery address differe~t from item 17 []Y~' If YES, enter delivery address below: EYNo i Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. Restricted Delivery? (Extra Fee) [] Yes a.~icme~ 7001 1940 0002 8897 4981 PS Form 3811, August 2001 Domestic Return Receipt 102595-01 M-2509 · Complete items 1, 2. and 3. Also complete item 4 if Restricted Deliv~y is desired. · print your name and address on the reverse so that we cen return the card to you. · Attach this crud to the back of the mallpleCe~ or on the front if space permits. ~ ~ ~ i'i &/' 2. N~cleNu"'k'' ---- 0002 8902 70U-~ 1940 PS Form 381 ii February 2004 A. Sig~ature ~'~ [] ri Addressee 3. Received by (P~fnt~d Name) C. Date of Delivery D. Isdalivec/addressdlffere~tfmmlteml? i-lyes If YES, enter dellve~ address below: r-I No ~ Registered [] Return R~c~lpt for Me~ch~lla [] In~Jmd Mall [] C.O.D. 4. R~'~'+''~''" (Ex'tmFee) []Yes 3152 · 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, ~..,~ ~ ~~ ' ( -- C ate Of YesDelivery D. I;'~elivery address d~erent from ite~n¥~/~] [] No YES enter delivery ~,d[Ire~a be ow I$ 2~11 [] Registered [] Insured Mail [] C.O.D. Merchandise 1. Article Addressed to: ~//~/ // q~¢ 4. Rest~cted ~live.?(ExtraF~) D Yes 2.~i~ .TBD~ Z~B BBBE ~5~7 ~675 PS Form 381 1, August 2001 Domestic Return R~eipt ~0259~01-M-2~ 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 1_!_ week(s), successively, commencing on the said Newspaper once each week for 17th day of November, 2011. Sworn to before me this , Principal Clerk day of ¢/'¢3/)'~'-- ']''- 2011. -- LEGAL NOTICE ' square footage of 750 sq. ft. on lots $O~ IOWN 20,000~60,0~0 sq. fl7 located at: 80 Gle~n ZONIN4g~OFAI~PEALS Road (Mal~ Bayview Road) Southo d, THURSDAy ~R I, 2011 / NY. SCTM#1000-78-2-11.3 R P~ARING$ ~ 12:00 P.M.- RICHARD G. and NO - NoTIcE i$ ~y GiVEN, Purr[ _~ . .- - Reqayst Suant to Section 267 of theTownLaw and [ for Variaaces f[om ~rt, XXI1 Section Town Code ~apter 280 (Zo~),Towh 280.116A(~) ~md Am~le. XXIII SecUo,n_ of Southtld, the following public hear- 280-124 a~ad the Braiding Inspector s ings will be helc~,by the SO.OLD , November 1,201[ Notice of Disapprov- TOWN ZONINO BOARD 0~0 AP: al based on an ~pphcation for building PEALS at the Town Hall, 530~ Main permit for as built deck addition, at; 1) Road, P.O. Box 1179, S0uthoid, New , less than coO/e ~eqUired 100 foot setback York 11971;09591 on ~ from top of bl~ 2) less than the code ~ required Side yard setback of 10 feet, :. ,~arryover H~arings, continued from ! located at: HS~ Aquaview Avenue (adj. ';~fibr meetings and pending additional : toLongIgl/udS0und) EastMarion,NY. iaformatio~ Adjourned from Public Hearing No- vember 3,2011 tfl:O0 AM. - DAVID MOORE ~ P.M. - PAI~RICK and DIANE KELLY #6-~19 - Request for Variances from Artiel~ XX]I/Section 280-124 ~nd Article 1II Section 280-14 and the Build- lng Inspector's October 17, 2011 Notice of Disapproval based on an application fox building pcnnlt to construct additiohs and alterations fo aa ealsting dwelling at: 1 ~ less than the code-required minimum side yaxd saXhack of 15 feet; 2~ less than the code rao31ired combined side yard setbacks o! 35 feet: 3) more than the code requ~,~ number of stories of two and a hake ~oaated at: 215 Harbor Light~ Drive ~[ad~ to a caiaal). Southold. NY. SCTM#1~-71-2-6 and ELI~A~TI~ $. 1~ Request CQde Se g lmpector'gDctober 2L.~I[$~..' 6f Road) Cot0o~~ sea'~g000-gs~ 1-19 SCTM#1000-21-2-15 1~0 I~L. TK ALPHA. LLC. g6521 - Reqaest for Variance from Article X Codl~ ~t!on 280-46 (Bulk Schedule) al~ Ig~ l~dildigg Inspector's October 31, 2011 Notice of Disapproval based on an ap¢licatibn for building permit to con- stract aew commercial building at; 1) less than the code required minimum side yard seXhack of 10 feet, located at: 535 Pike SL, aka Pafilroad Ave., Mattituek, NY. ~d~I'M~I~140-2-20. ~O P.M, ;.~IERNAN MICHAEL ~ - Request for Variances from ~,ti¢le- ~ Code Section 280- 123. 'Aa~//ale ~ Section 280-116 and the Building Inspectors October 14. 201i, amend,ed October 18. 2011 Notice o{.~prd~ based on an application ~t-- ~§~tding ~rmit for demolition e~ml, o~tion ~f a new dwelling at; ~ a mmmm~form~ building containing a ~neon~form~l~ us& shall not he enlarged, r~ct{~t~~ structurally altered or moved. ~l~s~ such building is changed to a conforming use, 2) les~ than the code required bulkhead setback of 75 feet. lo- catod at: #5 Breezy Shores Comm. Inc.. Sage'Blvd. (adj. toSbelter Island Soundl Greenport. NY. SCTM#1000-53-5-12.6 The Board of Appeals will hear all persons or their representauves, desir- ing to be heard at each hearing, anchor desiring 1o submit written statements before the conclusion of each heanng. Each hearing will not start earlier than designated above. Files are available for rewew during regular business hours and prior to the day of the hearing. I1 you have questions, please contac[ our office at. (631) 765-1809. or b~ emall: Vigki .Tot hl~irrowa. Sout hdid .nv.u~ Dated: November 10. 2011 ZONING BOARD OF APPEALS LESLIE K3aNE$ WEISMAN. CHAIR- PERSON BY: Vicki'loth 54375 Main Road t Office Locatinnl CHRISTINA VOLIN#KI NOTARY PUBLIC-STATE OF NEW YORK NO, 01.V@6105050 Qualified in S~.iloik county TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING (Name of Applicants) RECEIVED NOV 8 O 2011 BOARD OF APPEALS Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- t~(~ ~ 9_. -2_0 COUNTY OF SUFFOLK) STATE OF NEW YORK) oo,.t ot, , ew wom, d pos On~e ]~ ~yof ~0Ve~ ~r~ ,2011 ,Iperson~lyplaced~eTo~'s Offici~ Poster, M~ ~e date of he~ing ~d nature of my application noted ~ereon, set.ely upon my prope~y, located ten (10) feet or closer from the s~eet or right-of- way (~iveway entr~ce) - facing the street or facing each s~eet or right-of-way entr~ce,* 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 ~e ~' I ~ O I[ Sworn to before me this '<~DDay of ~o~e~,~, 201 (Notary Public) near the entrance or driveway entrance of my property, as the area most visible to passerby. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 December 16, 2011 TK Alpha, LLC 45 Broidy Lane Southampton, NY 11968 RE: ZBA Application #6521 Dear Mr. Broidy: Transmitted for your records is a copy of the Board's December 15, 2011 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely. Vicki Toth Encl. Cc: Building Dept., Planning Board -FI< R~.--PPn4