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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 · .~REANNA M. KAEUN .~- / PATRICK M. KAEUN PAY FO 1HE ,o-7,,/2~, 12 0 0 1126838783 i $ .hS7 DOLLARS ........... T APPLICATION CHECKLIST Ir need the following, before applying? d of Health ~ of Building Plans :ting Board approval ~y ~[4~_..~.~ _.~ c Form North Fork Bank ¢.D.E.C. Expiration ,20_ PhZne: ~3f''')~ "73q- 8' Building Inspector APPLICATION FOR BUILDING PERMIT,[,._ Date .............. INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issum~ce or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Pem~it pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. /~Z~'×//~/~/~ ~. (Signature of applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises .~o _~_ ( ¥ (As on the tax roll or latest deed) If applicant is a corporation, 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. Location of land on which proposed work will be done: House Number Street County Tax Map No. 1000 Subdivision (Name) Section Hamlet Block · State gyisting use and occupancy of prengises and intended use and occupancy of proposed constructi~m: . ,a( Existing use and occupancy ~'hr)~ _t~ %1~'~ ht.,i.~,~ ~ b. Intended use and occupancy tqeF_'r.og33Lio~ ]OOn~,'e~,ce. (~e.~-~t~-l~F~m:l~n("enJ<v' 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost Lktx~hctoLa_%c'h Fee 5. If dwelling, number of dwelling units If garage, number of cars Addition Alteration Other Work 12,o.sr~oJac._ (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 Height ~ ~ -~' Number of Stories Dimensions of same structure with alterations or additions: Front Depth .'~-I ~ Height ~q - I t~ -~I-. Number of Stories Dimensions of entire new construction: Front {y,.v Rear Height ~fiF::~. Number of Stories Depth Rear .Depth 9. Size of lot: Front Rear 10. Date of Purchase Leo.6~x~_~ Name of Former Owner 11. Zone or use district in which premises are situated .Depth 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ 13. Will lot be re-graded? YES__ NO Will excess fill be removed from premises'? YES 14. Names of Owner of premises }~nh ~[rni ~Jt~ r-I Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. NO v/ NO ~ 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO V" 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. STATE OF NEW YORK) ~)~{.~Fl-~./g ~/I ~0~['~ being duly swom, deposes and says that (s)he is the applicant (Name of individual si~fing contract) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work m~d to make and file tlfis 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 ~ary Public (J / 0uardi~d i~ ~ffolk Count~ Commission Expires Sept. 29, ,::-.2~/ Signature of A~plicant 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