HomeMy WebLinkAbout6521I~O
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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
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70112000000064336175
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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
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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