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Home My WebLink About1000-84.-3-1.1APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman TO: FROM: DATE: SUBJECT: http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 TOWN MEMO Planning Board Ruth D. Oliva, ZBA Chairwoman March 6, 2006 Request for Comments Mailing Address: J"°LY~ Southold Town Hall ~ 53095 Main Road · P.O. Box 117 Southold, NY 11971-0959 Office Location: , ~nnex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Our Department has received and is reviewing the following application, and enclose copies of the Building Department's Notice of Disapproval, and application with the applicant's latest map. The Planning Board is involved under the site plan review steps under Chapter 100 (Zoning), and your review and comments are requested at this time concerning the recreation use in the LI Zone. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANC._[E PLANS PREPARER ZONE DATE DATE STAMPED KAELIN, 84-3-1.1 5848 11/22/05 UseVariance OREANNA LI Your comments are appreciated by 03/27/06, if possible. Thank you. Encls. oP.u No. 3 i NOTICE OF DISAPPROVAL DATE: November 22, 2005 TO: Oreanna & Patrick Kaelin 24400 CR 48 Cutchogue, NY 11935 Please take notice that your application dated November 14, 2005 For permit to convert an existing food distribution facility to a recreation facility at Location of property 8305 Cox's Lane, Cutchogue, NY County Tax Map No. 1000 - Section 84 Block3 Lot 1.1 Is returned herewith and disapproved on the following grounds: The proposed use is not permitted pursuant to Article XII, Section 100-131. "Permitted Uses" A recreation facility is not a permitted use. In addition, if approved by Zoning Board of Appeals, site plan approval fxom the Southold Town ~ill be required~.Authori~ CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. APPLICAtiON TO THE SOUTHOLD TOWN OF APPEALS For Office t(re Only Fee: $ .... Filed By: ___ Date Assigned/^ssignment Office Notes: Parcel Location: House No_l~g0~treet Cox~j_q [,~_no scz~l :o00 Scetio. 'qmock.3 Lot(s) i· [ Lot Size __ Zone Districl I (V~T3 .APPEAl, THE WRITTEN DETEILMINATION OF TIlE BUILDING INSPECTOR DATED: [I !~,~ Ir'.)5 Mailing Telephone: Anthorized Representative: Address: Telephone: Pleas)q~specify who you wish correspondence to be mailed to, from the above listed [~Applicant/Owner(s) t3 Authorized Representative [] Other: VVHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: [] Buiiding Permit [] Certificate of Occupancy [3 Pre-Certificate of Occupancy ~Change of Use [3 Permit for As-Built Construction [] Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Sediou, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article )~_'~/~ Section 100- I~']~! Subsection Type of Appeal. An Appeal is made for: D A Yariance to the Zoning Code or Zoning Map. [] A Variance due to lack of access reqnired by New York Town Law-Section 280-A. ~Interpretation of the Town Code, Article X ~ Section loc) l~l ~ZlteversalorOtherD~4!:Wt~:ld I~,qe, q ~,~; recveozhowo.~ ft3c~l,'~_1 ..j A prior appeal [] has ~g/has not been made with respect to this property UNDER Appeal No, Year Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: t~,~,-~ c~,,-_. ,~¢ L -¥~cd t.~i ~\ ~ (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant fo pursue, other than an area variance, because:-~i6 ~)~)td ~,- ic .~ .r~.,£.t (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions Jn the neighborhood or district because: (5) Has the variance been self-created? ( ) Yes, or ( ) No. If not, Is the construction existing, as built? (../) Yes, or ( ) No. (6) Additional information about the surrounding topography and buildlng areas fhaf relate to the difficulty In meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the nelghborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Ofherwlse/'p"~ease pro'ceed t9 the siqnature and notary area below. Signature ot Appellant or Authorized Agent Sworn to b~fore me thls . (Agent must submit Authorization from Owner) ~, ~e~day ~f .~..~.~..~.....~.. ..... 200~. (Nota~ Publlc)'''''~ ~t~T~'.:'~ ':~::r:.r~:: . Y~rk 2~BA App 9/30/02 Page 3 of 3 - Appeal Application Part B: REASONS FOR USE VARIANCE #f requested~: For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet}. 2. The alleged hardship relating to the property is unique because: 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: 4. The request will not alter the essential character of the neighborhood because: -u.~ ' ~ hasten i5 o-~s~.creb~.~d ¢ mm ~,Vecause: 5. The al~arasnip been 6. This Is the minimum relief necessary, while af the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet if necessary.) 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) ( ) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed fo the signature and notary area below. (~ ~~~, Signature of Appellant or Authorized Agent Sworn to ~efore me this (Agent must submit Authorization from Owner) day ublic) ',.3'~ % '~ '~ ""' * ZBA App 9f30/02 i< FOR INTERNAL USE ONLY /~,~ SITE PLAN USE DETERMINATION Initial Determination Project Address: Suffolk County Tax Map No.:1000- ~'L~ _ 5 -f'l . Zoning District: ~-~' (Note: Copy of Building Permit Application and supporting documentation as to proposed use or uses should be submitted.) Initial Determination as to whether use is permitted: ~/'~" Signature o-f Plad'ning ~)ept. Staff Reviewer Final Determination Date: / / Decision: Signature of Building Inspector TO: FORM NO. 3 NOTICE OF DISAPPROVAL DATE: November 22, 2005 Oreanna & Patrick Kaelin 24400 CR 48 Cutchogue, NY 11935 Please take notice that your application dated November 14, 2005 For permit to convert an existing food distribution facility to a recreation facility at Location of property 8305 Cox's Lane, Cutchogue, NY County Tax Map No. 1000 - Section 84 Block3 Lot 1.1 Is returned herewith and disapproved on the following grounds: The proposed use is not permitted pursuant to Article XII, Section 100-131. "Permitted Uses" A recreation facility is not a permitted use. In addition, if approved by Zoning Board of Appeals, site plan approval from the Southold Town Plannine Board will be required. CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. LiCE L 2,0A SOUTHOLO 1000 SECTION NO PROPERTY MAP · tllOif ~~'~lt~'~ ~,. AREA = 299acre'. CERTIFIED TOI AMERIC.4N COM~IUNITY BANK FIRST iVEFI-YORK TITLE & ABSTRACT LTD. PRIME PURVEYOR$~ IN~ °"°" PR OPER;.T Y ~ , A T CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. Scale 1"' =034~':' JUN~ I1~ 2003