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6651
BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Oantes 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 ~own Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 16, 2013 ZBA FILE: 6651 NAME OF APPLICANT: BABS Corporation PROPERTY LOCATION: 13105 Main Road (State Route 25), Mattituck, NY SCTM# 1000-140-03-39 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 April 15, 2013 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 DETERMINATION.' 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 a conforming lot located in the Hamlet Business district. It is improved with a three story frame building with attached deck and two accessory framed barns. It has 102.90 feet of frontage on Main Road (State Route 25), 212.00 feet along the west property line, 84.50 feet along the north property line and 216.60 along the east property line as shown on the survey dated 09-19-01, update 01- 31-2006 prepared by John C. Ehlers, LLS. BASIS OF APPLICATION: Request for Variances from Article III Code Section 280-15 and the Building Inspector's March 14, 2013 Notice of Disapproval based on an application for building permit for two "as built" existing reconstructed accessory buildings, at: 1) one accessory building is located at less than the code required minimum side and rear yard setbacks of 10 feet, 2) second accessory building is located at less than the code required minimum rear yard setback of 10 feet. RELIEF REQUESTED: The applicant requests variances to maintain two reconstructed as-built accessory structures in their present location. One of the accessory structures has a 0 foot side yard and a 0 foot rear yard setback. The second accessory stmcture has a 0 foot rear yard setback. The variances requested require a 100% relief from the code required 10 foot minimum rear yard setback and 10 foot minimum side yard setback. All as shown on the Survey of Property prepared by John C. Ehlers, L.S. dated 09-19-01, updated 01-31-2006. ADDITIONAL INFORMATION: The subject as-built accessory structures are presumed pre-existing. There are no C.O's verifying their pre-existing status. There is a document submitted by James Deerkoski, P.E., dated September 11, 2008, certifying that the work performed is not changing its use or size and that the extent of Page 2 of 3 - May 16, 2013 ZBA File#6651 - BABS Corp. SCTM# 1000-140-3-39 the work will be less than 50% of the entire existing structure. There was a letter of support for granting of the variances, submitted by the adjoining property owner to the West (Abigail A. Wickham). There was a letter of concern submitted by the Mattituck Park District, being the adjoining property owner to the North, requesting the relocation of the applicant's existing fence onto the applicant's property and the removal of three trees on the property line that appear to be dead. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 2, 2013, 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: 1. Town Law §267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is a unique Hamlet Business District where many parcels have structures built close to and/or upon their property lines. The agent for the applicant submitted two tax maps highlighting several properties with similar setbacks. The subject accessory structures have existed in their locations without adversely impacting nearby properties since prior to zoning. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. There is insufficient area to relocate the subject accessory structures to a conforming location. The applicant's agent presented the cesspool installers diagram showing the location of two cesspools in the rear yard and close proximity of the barn on the east. Additionally the agent submitted an estimate of $49,000.00, the cost to move the barns and relocate the cesspools. 3. Town Law §267-b{3)(b)(3). The variances granted herein are mathematically substantial, each representing 100% relief from the code. However, the subject accessory structures as well as many other structures in this unique Hamlet Business District have mathematically substantial non conformities. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and will require the applicant to install leaders, gutters and drywells. 5. Town Law §267-b(3}(b)(5). The difficulty has not been self-created. It is presumed that the subject accessory structures are pre-existing. Furthermore, to the extent that a structure ultimately and unavoidably requires some reconstruction to allow for reasonable improvements to continue the safe use of the structure, the need for variance relief is not self-created but created by the zoning code that now prohibits activities which at one time were not prohibited. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the two reconstructed accessory structures in their presumed pre-existing nonconforming location, 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 Schneider, seconded by Member Homing, and duly carried, to GRANT, the variances as applied for, and shown on the Survey of Property prepared by John C. Ehlers, L.S. dated 09-19-01, updated 01-31-2006, and the architectural drawings prepared by Edward J. Bolzan Jr., R.A., dated 6-21- 12, Sheet I of l. Subject to the following conditions; Page 3 of 3 - May 16, 2013 ZBA File#6651 - BABS Corp SCTM# 1000-140-3 -39 CONDITIONS: 1. The applicant shall move the existing fence onto their property. 2. Removal of the three trees located on the applicant's property in the rear of the accessory barns. 3. Applicant shall install gutters and leaders on both accessory structures connected to a drywell to control drainage on site. That the above conditions be written into the BuiMing Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the BuiMing 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(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Horning, Dante& Schneider. (Absent was: Member Goehringer) This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing ~/,~] /2013 SURVEY OF i~i~O~ERTY SITUATE, MATTITUC, K TOI~IN: .SOUTHOLID ?~FFOLK COUNTY, NY' SU~VEYEEI~ Oq-lq-OI UPIDAT~ 01-E~1-2006 SUFFOLK C, OUN'Pr' TAX 1000-140-~-~Cl OEt~TIFIE[D TO~ BAB5 Corp. The Bonk of Smlbhto~n Fire. Amerl¢on TIf. le Insuron¢~ Compony oF New York N E FINAL MAP ~% tEVIEWED BY Z~ ~EE DECISION # (~51 ~ DATED ~' I )Lc, I.¢o ~ .% NOTES: · MONUMENT 0 PIPE · STAKE AREA = 20,802 SF Ot~ 0.48 ACRES ®RAPHIC SCALE I"= 30' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compaqserver\pros\01\01-279.pro ~,,~o) Joanne Minieri Deputy County Executive and Commissioner COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning RECEIVED APR 1 9 BOARD OF APPEALS Division of Planning and Environment April 15, 2013 Ms. Leslie K. Weisman, Chair Town of Southold ZBA 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is 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. Applicant Municipal File Number Constantino, Ralph & Carmelo Uyanik, Fehim R.C. Church of Sacred Heart Palumbo, Nicholas Condos, Steve Sciff, David Babs Corp. 6643 6644 6645 6646 6648 6649 6651 Very truly yours, Sarah Lansdale Director of Planning TRK:mc Theodore R. Klein Senior Planner H. LEE DENNISON BLDG · 100 VETERANS MEMORIAL HWY, 4th FI · P.O. BOX 6100 · HAUPPAUGE, NY 11788-0099 · (631) 853-5191 TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL TO: Albert Brayson II for BABS Corporation 1490 William Floyd Pkwy. Suite 102 E. Yaphank, NY 11967-1817 Please take notice that your application dated March 14, 2013 DATE: July 9, 2012 Updated: December 7, 2012 Updated: March 14, 2013 BOARD OF APPEAES For permit to reconstruct two existing accessory buildings "as built" at Location of property: 13105 Main Rd., Mattituck, NY County Tax Map No. 1000 - Section 140 Block 3 Lot 39 Is returned herewith and disapproved on the following grounds: The "as built" reconstruction on this conforming 20,082 sq. ft lot in the Hamlet Business District, is not permitted pursuant to Article III, Section 280-15, which states that such buildings are required to be 10 feet from any property line. One accessory building is noted as being 0 feet from the side & rear property lines. The second building is noted as approx. 0 feet from the rear property line. Authorized Signature CC: file Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold ToWn Building Department. Fee: $ Filed By:_ Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF A~ 0~: AREA VARIANCE HouseNo. 13105 Street Rain Street Hamlet Mattituck SCTM 1000 Section 140Block 3 Lot(s). 39 Lot Size 0..,5 ac. Zone HB I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 03/14/13 BASED ON SURVEY/SITE PLAN DATED 01/31/06 . Applicant(s)/Owner(s): BABS Corp. c/o Albert Brayson Mailing Address: 1490 William Floyd Pkwy. S~te 102~ E.Yaphank~ NY 11967 Telephone: 631-345-6312 Fax: 631-34566315 Email:twoey@waypointrealty.com 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: NameofRepresentative: Charles R. Cuddy~ Esq. for (X) Owner ( )Other: Address: PO Box 1547, Riverhead, NY 11901 Telephone: 631-369-8200 Fax: 631-369-9080 Email: charles.cuddy@verizon.net Please check to specify who you wish correspondence to be mailed to, from the above names: ( ) Applicant/Owner(s), (~) Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED01/3~/06 and DENIED AN APPLICATION DATED 3/14/13 (X) 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 numbers. Do not quote the code.) Article: TIT Section: ?80 Subsection: ~.~ Type of Appeal. An Appeal is made for: (X) 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, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s). t~67~/. * Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: * application withdrawn underZB~ REASONS FOR APPEAL .(Please be specific, additional sheets may be used with preparer's signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted, because: The ne±ghborhood is commercial, the bu±ldings have been in this location for decades and do not adversely impact any neighbor. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The cost of moving the buildings would be prohibitive. 3. Theamountofreliefrequestedisnotsubstantialbecause: Ba$~ on the existing improvements conforming would place the buildings virtually next to the existing principal office structure. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Their use does not have any adverse environmental effect and whether moved or not the physical impact is de minimus 5. Hastheallegeddi~cultybeenselfcreated? {}Yes, or{}No Why: The buildings were at the site when it was purchased Are there any Covenants or Restrictions concerning this land? t(} No { } Yes (please furnish a copy) 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. Sworn o before me this day Notary Public IWONA KODYM Notary Public, State of New York No. 01KO6088386 Qualified in Suffolk County _ Oomrnission Expires March 3, 211~, Signa--_(ur~ of-Apl~l-icant'~r Au~d ~nt · ~ff~ 69~ ! (Agent must submit ~itten Authori~ 5om Omer) APPLICANT'S PROJECT DESCRIPTION APPLICANT: BARg Corp. 1. For Demolition of Existing Building Areas Please describe areas being removed: N/A DATE PREPARED: 3/26/13 II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): N/A Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: N/A III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Flours and General Characteristics BEFORE Alterations: repa±r o,~ two (2) accessory barns; 20'x30' and 18.5tx22' Number of Floors and Changes WITH Alterations: N/A IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 3,710 sq. ft. Proposed increase of building coverage: Square footage of your lot: 20,8.02' s~t. ft: Percentage of coverage of your lot by building area: 18% V. Purpose of New Construction: repair of two (2) al±lap±dated pre-exist±rig barns VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): Flat Please submit 8 sets of 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. 4/2012 APR 3 2013 RC)A~r) OF APPEA¢ QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION ls the subject premises listed on the real estate market for sale? Yes X No Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. 1 .) Are there areas that contain sand or wetland grasses? Iqo 2.) Are those areas shown on the survey submitted with this application? N/A 3.) Is the property bulk headed between the wetlands area and the upland building area? N/A 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? N/A Please confirm status of your inquiry or application with the Trustees: N/A and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? None Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? None 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? None 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? None If yes, please label the proximity of your lands on your survey. garage, pool o[ other) *storage Authorized }ign~t~-~e an'd D~t~ Please list present use or op, erations conducted at this parcel 2 1/2 story bu±ld±ng ,moil fv, v nffi,~o ~na and the proposed use ~mo ~,~ . (ex: existing single family, proposed:samewith ~.ECEIVE[ APR 8 20'~ BOARD OF APi ALS AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: RAR~ Ear? 2. AddressofApplicant: !/190 William Floyd Pk~.gu~ta 102_. E.Yaphank-, NY 11967 3. Name of Land Owner (if other than Applicant): ~mo ~ ~ppl~cant 4. Address of Land Owner: 5. Description of Proposed Project: repair of two (2) pre-existing barns 6. Location of Property: (road and Tax map number) ~n 7. Is the parcel within 500 feet of a farm operation? { } Yes ~(} No 8. Is this parcel actively farmed? { ) Yes {:~ No 9. Name and addresses of any owner(s) of lanai within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. N/A (Please use the back of this page if there are additional property owners) I. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Conunents returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicantapplicationtO the property o;vnerSreview.identified above. The cost for mailing shall be paid by the Applicant at the time the is submitted for BOARD 31: APPSALS 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project SponsorI 3 PROJECT LOCATION: Municipalgy Southold County Suffolk 4 PRECISE LOCATION (Stree address and road intersections, prominent landmarks, elc, or provide map) 13105 Main Road, Mattituck, NY SCTM# 1000-140-3-39 5 PROPOSED ACTION IS: [] New [] Expansion [] Modification/afleration 6. DESCRIBE PROJECT BRIEFLY: Repair of two (2) pre-existing dilapidated barns 7. AMOUNT OFL~ND AFFECTED: Initially .5 acres Ultimately .5 acres 8 WILL__PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EX ST NG U~ND USE RESTRICTIONS? L.~ Yes LJ No if No, describe briefly 9. WHAT iS PRESENT LAND USE N V C NTY OF PROJECT? [] Residential [] Industrial [] Commemial [] Agriculture [] Park/Forest/Open Space [] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No if Yes, Iisi agency(s) name and pePrrlgJapprovals: Southold Town Building Department-Building Permit 11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? L_J Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiTIAPPROVAL R~=GUIRE MOD,F,CAT,ON? []Yes []No I CERTIFY THAT THE iNFORMATiON PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOVVLEDG~ Applicant/sponsor name: Date: If the action is in the Coasal Area, and you are a state agency,,~9~lete the Coas~l Assessment Fo~ before proceeding with t~is 6OARL) OF APPEALS PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A, DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. ~'~ Yes J~"-] No B. ~ILLACT~NRECE~VEC~RDlNATEDREV~EwASPR~V~DEDF~RUNL~STEDACTl~NS~N6NYCRR~PART617~6? IfNo, anegative declaration may be superseded by another involved agency }--']Yes r-]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WiTH THE FOLLOWiNG: (Answers may be handwritten, if legible) Cl. Existing air quality, sun'ace or groundwater qua ity or quantity noise levels, ex s ng Iraffic pattern solid waste produc on or disposal potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic agricultura, archaeological historic, or other natural or cu rural resources or community or neighborhood character'~ Explain bnefly C3, Vegetation or fauna, fish, shellfish or wildlife species, sign ftc. ant habitats, or threatened or endangered spades? Explain bdefly: C4. A community's existing plans or goals as offica y adopted or a change in use or intensity of use o! land or o her natural resources'~ Explain bdefly C5. Growth, subsequent development or related activities likely to be induced by the proposed action'~ Exp ain briefly C6. Long term, short term, cumula§ve, or other effects no ident fled in C1~C57 Explain briefly: C7. Other impacts (inCluding changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTAE~LISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E, IS THERE, OR IS THERE L KELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL MPACTS'~ [] Yes [] No If Yes. explain briefly: PART III - DE ~ I=RMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadverseeffectidenti~edab~ve~determinewhetheritissubstantia~arge'imp~rtant~r~them/isesigni~cant~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) ir'reversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient deteJl to show tbat all reJevant adverse impacts have been identified and adequately addressed. If question D of Pall tl was checked yes, the determination of signffican ce must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive decraration ] Checkthisbc)xifyouhavedetermined basedonffieinforma onandsoalys~saboveandanysupportingdocumentetion,thattheproposedactionWiLi NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons suppoffing this determthatior Name of Lead Agency Pdnt or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (If different from responsible officer) AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Cuddy Charles R. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance X Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit 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 of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X 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) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater that 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, partner, or employee of the applicant; or __ D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this ~ d, ay of/~..~ 13 Signature ..... ~. Print Name Charles R. GUddy BOARD OF APPEALS APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of $outhold's Code of Ethics prohibits conflicts of interest on the hart of town officers and emnlovees. The Duma: 0f this form is to orovide information which can alert the town of uossthle conflicts of ;t,tcrud and allow it to take whatev.. achon is necessary to avoid same. YOUR NAME: BABS Corp. (Last name, fi~st name, middle initial, unless you are applyin~ in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance x Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit 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 of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X 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) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater that $% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or bceefieial owner of any interest in a non-corporate entity (when the applicant is not a corporation) C) an officer, dlreetor, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submiltedthis /q~ayof ~ ,~0/~ _ PrintName Albert B~ayson, Pr~_~dent of BABS Corp.-Owner 3 20t, Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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 SCTM# 1000 140 03-39 The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [~ Building Dept. [] BoardofTrustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Repair of two (2) pre-existing dilapidated barn~ ,I~ P D 8 ~UI3 -'~u OF 'qPPE:AL$ Location of action: Site acreage: Present land use: 13105 Main Rd., Mattituck, NY 0.5 ac. commercial Present zoning classification: HB If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: BABS Corp. 1490 William Floyd Pkwy. Suite 102 E. Yaphank, NY 11967 (c) Telephone number: Area Code ( ) 63!-345-6312 x 100 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No r~ If yes, which state or federal agency?. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation [] Yes [] No [] Not Applicable mi I\ ~' U I,~ Attach additional sheets if necessary BO/4N i_J L)F APPEALS 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 ~ Yes ~ No ~] Not Applicable This 4o parr ~ n h,,ql~ng on~pl~w which should be considered as historic Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaloation criteria [-~ Yes [] No [-~ Not Applicable Not visible Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~/_/. ~ jt [] Yes [] No [] Not Applicable ~'~-(J~I"I~F: Not a water dependent use ADO~ ~- "'u~'U (iF ,APPEAl $ Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~-~ Yes ~ No ~ Not Applicable These are storage bu]ld~ngs Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes [] No [] Not Applicable Does not involve Town ecosystems z£ Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section Ill - Policies Pages 32 through 34 for evaluation criteria. [] Yes [] No ~ Not Applicable These storage(buildings are non polluting APR 2013 Attach additional sheets if necessary 8C)AP, I~ O~ APPEALS 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 There are no hazardous materials store or used at this site 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 This does not involve the shoreline or recreational use Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No [~ Not Applicable Not a water dependent use 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 [] No [] Not Applicable Storage buildings do not ~nvolve marine resources 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 Agricultural lands are not involved or impacted by storage buildings in the HB District 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. [~ Yes [-~ No [] Not Applicable No significant energy source is involved or impacted by these buildings Created on 5/25/05 11:20 AM APR ~ 2013 BOARD OF APPEALS FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXlST~IG ~fdc~IFIC~TB OF OCCUP~ICY NO ~-23317 Date OCTOBER 28~ 1994 THIS C~RTIFIES that the building Location of Property 13105 ~ RO&D House No. County Tax ~ap NO. 1000 Section 140 Street Block 3 I(&TTITOCK~ Hamlet Lot 29 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a Structure built Prior to: APR_r~ 9~ 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER S-23317 dated SC---tuBeR 28f 1994 was iBaued, and conforms to all of the requirments of the applicable provisions cf the law. The occupancy for which this certificate is imbued ia 2-1/2 ST(~ BU~nlEGU8]~ Iq2ROPFXCB & STno~,-w ]K~.A PLUMB~IG~r~.A~=~m* The certificate is iamued to of the aforesaid building. SUFFOLK COUNTy DEPARTMENT OF H~ALTB APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORT. APR 20 3 H/A /Building Inspector Rev. 1/81 FORM NO. 4 Office of the Building Inspector Date: 0~/11/01 (STREET) (HA~ET) BlOck 3 i~t 39 Lot NO. conforms substantially to the Application for Building Permit heretofore The c~tlficate is iss%~e~ to MAIN RO;%D CORPORATION (OWN~a) of the aforesaid building. N/A 108970-00 07/23/01 07/03/01 BEST QUALITY WATER CORP. Au~rized Sl~atu.re Rev. 1/81 APR 8 2013 BOARD OF APPEALS JAMES J. DEERKOSKI, P.E. 260 Deer Drive Mattimck, N.Y. 11952 (631) 298-7116 ~mber 1~ To: Town of Southold Build/rig Dept. Re:' Babbs Corp. 13105 Main Rd. Mall/rock, NY 11952 To Whom It May Concern: Please note the following concerning this application: The Work that is being done on the rear yard existing accessory building is not changing its use or size, just making the building slamcturally stable and safe. The extent of work will be done to less than 50% of the entire existing Structure. Please feel free to call for any further questions. cerely ki p.w. BOARD OF App,:AL$ Board of ~oninl! AnDeais Aoolication AUTHORIZATION (Where the Applicant is not thc Owner) BABS Corp. Albert Brayson, President o~ residingat (Print property owner's name) 1490 Wtlltmm 'Plc?d (Mailing Address) Suite 102, E.Yaphank, NY do hereby authorize Charles R. Cuddy (Agent) to apply for variance(s) on my behalf fi.om the Southold Zoning Board of Appeals. BABS Corp. (Owner's Signature)(~ (Print Owner s Name) APR 3 2013 OWNER FORMER OWNER TOWN OF SOUTHOLD' PROPERTY RECORD LAND Z/' ~,,~, IMP. 5100 AGE NEW FARM Tillable Woodlond Meadowland House Plot NORMAL VL. S FARM TOTAL DATE /{0 o Total 6OO BUILDING BELOW CARD ST, SUB. ~'c~//Z/.z,, , E 0 W ( COJV~'A. '~ / CB. MJCS. Mkt. V/31ue REMARKS TYPE OF BUILDING LOT ABOVE Volue FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK Value Per Acre TKIM Z~'/A// 140.3-39 2/04 Bldg. j ,' ...v'-~ ~ ~xtL-~eio" .......... Extension - Extension Po~ch Breezeway -Garage Patid Total Ext: Walls Fire Place ' j /Recreation Room Bath ....... Floors Interior'Fihish Heat Room~ Ist FloOr Roorh~ 2n.d Floor Driveway -Dinette LR. DR. FIN. B ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS 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 www. southoldtownny, gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville April 4, 2013 Zoning Appeal No. 6651 Transmitted herewith is Zoning Appeals No. 6651 of Charles Cuddy for BABS Corp - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter Dated April 2, 2013 from Charles R. Cuddy, Copy of Pre Existing Certificate of Occupancy No. Z-23317 for a 2 V2 Story Building Used for Office & Storage for a Plumbing Contractor Dated October 28, 1994, Copy of Certificate of Occupancy No. Z-27939 for Repairs, Renovation & Interior Alterations to an Existing Building Dated September 11, 2001, Letter to Building Department from James J. Deerkoski, P.E. Dated September 11, 2008, Notice of Disapproval from Building Department Updated March 14, 2013, Four Pages of Photos, Authorization Letter from BABS Corp to Charles R. Cuddy, Copy of Property Record Cared (Both Sides), Copy of Survey Showing Property as it Exists Dated January 31, 2006 Prepared by John C. Ehlers-Surveyor, Site Plan Showing Property and Elevations & Sections of Existing Barns Dated June 21, 2012 by Edward J. Bolzan, Jr.-Architect. Town of Southold P,O Box 1179 Southold, NY 11971 Date: 04/04/13 * * * RECEIPT * * * Receipt~: 148271 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6651 $1,500.00 Check#: 4628 Total Paid: $1,500,00 Name: Clerk ID: Babs, Corp 1490 William Floyd Parkway Suite 102 East YaDhank, NY 11967 CAROLH Internal ID: 6651 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 4/3/13 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6651 BABS Corp. 4628 $1500.00 APR - 4 20L~ $outhold TOWer Qerk $1500.00 By lc Thank ou. · ,.4 ~ ~. EU Construction ~'~' ~ ~ 1490 Wi[Ham Floyd Parkway, Suite 103 ~' ..... Shirley, NY 11967 (631)869-5171 in fo®eliconstruction.com http://www.eticonstruction.com Twoey Brayson WAYPOINT REALTY, INC 1490 Wi[tiara Royd Parkway, Suite 102 East Yaphank, NY 11967 Estimate Date I Estimate # 04/08/2013 1009 Exp. Date Date Activity Quantity Rate Amount 04/08/2013 -RELOCATE TWO STORAGE SHED, Located at rear of 13105 1 49,000.00 49,000.00 Main Road Mattituck NY 11952 -Prior to move the storaBe shed, they wiU need to Bet lift and adjust to secure the structure of the storaBe shed, there is cesspool, wi[[ need to be rel. ocated -Each unit at 24,500.00 ECEIVED - 2 2013 BOAI .D OF APPEALS Term E Conditions: A down payment equa nE 50% of the quoted price is due upon Tota 549,000.00 a~ ~pp=r°~v:a [; ^ T~ ?~err~e~m. ,ai, n.?,~_ba? n_c. ~e ~` ~e~ upon co ~ p let !o n. P ~se make checks L pa~ ca(I us to make y phone. We accept Visa, Mastercard, American Express and Discover. A monthly interest rate fee of 1.5% vd[[ be apptied on overdue accounts. Accepted By Accepted Date ABIGAIL A. WICKHAM P.O. Box 1424 13015 Main Road Mattituck, N.Y. 11952 631-298-8353 Fax 631-298-8565 April 25, 2013 RECEIVED BOARD OF AppEAL5 Zoning Board of Appeals Main Road Southold, NY 11971 Re: Appeal No. 6651 BABS Corp. 13015 Main Road, Mattituck, NY 1000-140-3-39 Ladies/Gentlemen: I write this letter in support of the application. I own the property immediately adjoining the BABS Corp. property on the West (SCTM#1000- 140-3-40), and am very glad that the applicant repaired the buildings which his predecessor left in deplorable condition, eliminating a terrible eyesore. I understand the intention is to leave the accessory buildings as storage. Some time ago, the owner and I discussed the feasibility of moving the westerly building which is close to my boundary line, and we agreed that to do so would be economically unrealistic. My only expectation is that the building remain as storage with no windows or doorways on the west side facing my property, as there is insufficient room to access it. The other accessory building does not affect me. I think the request for relief is reasonable under the circumstances. I do not believe the owner should be penalized for restoring an old building to good condition. Very tru/l~y yours, , Abigail A. Wickham AA W/dm ZBA/ItrzbaBabs cc: Charles R. Cuddy, Esq. JUN- ~ 00: IT G3172TTiS2 EILEKNA. POWEI~, ESQ. PLLC ATTORNEYAT LAIF 431 Gri.~gAvtnue RIFEItIIF. AD, NEW YORK 11901 (6sz) zzz. s2$o (6s ) 7z7-zls2 (f x) VIA FAX 631-76-%9064 Southold Zoning Board o['Appcals Town of Southold P.O. Box 1 179 Southold, New York 11971 June 24, 2009 To:GJ1785~064 p.l/l agN 25 2009 Re: Request for Variance BABS CORP. # 6284 Hearing Date: June 25, 2009 Dear Members: i am writing on behalf of my client, the Matfituck Park District, conccming the above application. It is our understanding that the application ia to rebuild, in place, two historic barns on the property. The Mattituck Park District owns the property directly north and adjacent to the northerly properly liae of the subject parcel. [g fact, the northerly sides of the barns that are the subject of this application are located almost on the shared property lirle. Of concom to my clients is the fact that there is a fence, belonging to the applicant, which is located on my client's property. Mr, Bmyson, the representative of the applicant corporation, has agreed to relocate the fenee to his property as a Ixart of the renovation. That said, and assumiug the barns are to be rebuilt ia place, we do nog object to the application. However, iftbe barns were to be relocated at all, we wo~ld a~qk that th~ be moved, at least some distance, from our shared property line. Thank you tbr your co.n~ideration, if you have any questions, or require clarification of the above, please feel free to contact me directly at (516) 695-7660. Very truly your., s 'n x,_.,.'-,x~ Attorney Matlituck Park District EAP:Iw Enclosures LGTC MEDFORD 451 9493 N RECEI\ .:D P.02/03 MAY - 2 013 BOARD OF )PEALS ~om~ c. ~.nL~'Rs r~N-o Stra~YORII LGTC MEDFORD TOTAL P. 03 ~z0 ~ I~ BOARDOFAPPFAL$ ASPHALT PAP-.KIN~ A~EA pAP-.~.IN® STP-.IPES pAE2EI2 -1 no~ or ~orm~cl~J o~: LOVE LANE LLC DRAIN 00 Frclm~ t=r,ame Lond noy~ or t~ormerl~/ ID2~5 Moln Rood SdTO37,40,,W Lord now or for'met ~ of: Ociol ¢ Son Rrn~ol 5Qsf. LLC ),45¢ 5c~. Ft. Ot~. O.f~5-3~ Acree ®t~APHIC SCALE I"= 20' DAVID B. PROKOP ATTORNEY AT LAW 131 ROUTE 25A, SUITE 2 ROCKY POINT, NY I 1778 Zoning Board of Appeals Town of Southold Box 1179 Southold, NY 11971 Re: BABS Corporation (the Calendar #6651 Hearing Date - May 2, April 25, "Applicant") 2013 2013 RECEIVED APR $ 6 2013 BOARD OF APPEALS Ladies and Gentlemen: I am counsel to the Mattituck Park District (the "Park District"). The Park District is an adjoining property owner to the parcel owned by the Applicant at 13105 Main Road, Mattituck, New York (the "Parcel"). We hereby respectfully submit to the Southold Zoning Board of Appeals that the application not be approved and that the applicant be required to comply with the ten (10) foot set back requirement for the Hamlet Business District. We request that the application be denied for the following reasons: (i) The adjoining Park District property currently consists of a parking lot. The Park District has been advised that Park District property must be used as "parkland" and that a stand alone parking lot does not constitute "parkland". Consequently, the adjoining Park District property should be either sold or developed by the Park District. If sold, the market value of the Park District property will be diminished by the applicant's two already reconstructed structures that are currently situated with a zero (0) lot line set back. If developed, the Park District: (i) will be limited in its development and use of the south lot area because any development would need to accommodate the applicant's sheds which have a zero (0) setback; and (ii) will be required to comply with the setback requirements for the Hamlet Business District. (2) There are several mature trees along the property line which are either dead or dying. The reconstruction of sheds in violation of the zoning laws has conceivably contributed to the demise of the existing trees. the (3) The prior reconstruction of the sheds with a zero (0) lot line setback has created a liabilty for the residents of the Park District because the sheds could not have been reconstructed, and cannot be maintained as presently situated, without the applicant and its agents, with their construction equipment, using the Park District property. (4) parking lot. The applicant's sheds "as built" with no setback contribute to a water collection issue in the current Thank you for your time and consideration. cc: Mattituck Park District BOARD MEMBERS Leslie Kanes Weisman, Chairperson 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 I 1971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel, (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 2, 20t3 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 t179, Southold, New York 11971-0959, on THURSDAYt MAY 2t 20t3: 2:15P.M. - BABS CORPORATION #665t - Request for Variance from Article III Code Section 280-t5 and the Building Inspector's March 14, 2013 Notice of Disapproval based on an application for building permit for two "as built" existing reconstructed accessory buildings, at: 1) one accessory building is located at less than the code required minimum side and rear yard setback of 10 feet, 2) second accessory building is located at less than the code required minimum rear yard setback of 10 feet, located at: 13105 Main Road (State Route 25) Mattituck, NY. SCTM#1000-140-3-39 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~,Town. South old.ny.us Dated: April 8, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 5:3095 Main Road, Southold: NAME BABS CORP. #6651 MAP # 140.-3-39 VARIANCE SETBACKS REQUEST RECONSTRUCT 2 ACCY BUILDINGS - "AS BUILT" DATE: THURS, MAY 2,2013 2:15 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-TOWN OF SOUTHOLD 765-1809 #11152 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine 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 said Newspaper once each week for 1 week(s), successfully commencing on the 18th day of April, 2013. LEGAL NOTICE SOUTHOLD '[OWN ZONING BOARD OF APPEALS THURSDAY M~Y 2, 2013 PUBLIC ~GS s~t tO ~on ~7 of ~e~ ~w ~d of Sou~old, ~e foHo~ pubhc h~- ~ ZO~G BO~ OF PE~ at ~e To~ Re~lufion B~ on s~mor's M~ prov~ ba~d on work yond ~ ~po of new sth~le [~y dwe~ ]~t~ at: 50 J~son S~eet (adj Bay) New Suffo~, L~ ~ - ~u¢s[ for V~s ~m A~e III ~d¢ Section p~fion for b~ ~rom ~y pro~y ~, t&3OA.M.. Fl~l~ui sad SEVG[ from A~cle xxn Section ~116 ~d the Bui~g I~ct~'s ~b~ 2~, .~ me this Principal Clerk J~_.P 2013. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified In Suffolk County max/mum lot coverage of 20%, located =: 445 Mal'lene ~ Mattituck. N~ S(~Vllq000-143-3~) · ~Slt.~a_.l~ . ROMAN CATHOLIC ~ -Request fo~ Vtaiance under Ar- ticle IV Section 380-14 and the Bu0dfiYg Inspector's SauuarT28, 2013 Notice of Disapproval ba~ed on an application for build/nE pe~ait for a lot line cha~ge, at: Proposed Lot #10 - 13 I~ss than thc code required miaim~ lot size oi 80.000 sq. ft,, located at: 3400 Depot Lane and 4200 Depot Lane. Cutchogue. 1000-9~5.12.1 and 10 I~.~AJ~ - ]~LPH and CARME. _ -' . - Request tioasto exisfi~g~le [lm~y dwelling, at: t) tess th~fl~ Se.~i~a 280-15 and Brown Street (comer S~venth St~et) Greenporc, 1,~. SCTM#100~48-3-18.1 struct an existing single family dwelling, Lane)(adj. to Oan//~r~ Bay),Ea~t Mar- Se~don 280-18, Article X~I Section almratloas ~ aa exis~ sinai© falldly the ~ req~t~t b~khead setback of 7~ ~et tm ~ aa~ alterations to the dwelling; 3) gu~t quarmts are no~ a Namu Point,Road {adj. to Little pecon- ic Bay) Cuta%gue. NY.. SCYM#1000- ~ ~ CORPORAYION s°ry PO°I i~ prolx~ed in a location other #6651 ~ Refiu~t f0r.Vmiaaces f~n Arti- than ~e ~e r~ m~ y~,2) lot ' ~~eR~- ~verage at mo~ ~ ~c ms~m~ ~s~14,,~13Nofi~of ~e pc~tt~ ~%, l~t~ ~ 615 ~~a~r D~v~ ~ on ~ ap~on for TOWN OF SOUTHOLD ZONING BOARD OF APPEALS $OUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS BABS CORP. · (Name of Applicants) SCTM Parcel # 1000- 140-3-39 COUNTY OF SUFFOLK STATE OF NEW YORK I, Iwona Kodym residing at New York, being duly sworn, deposes and says that: Bergen Avenue, Mattituck On the 12 day of April ,20 13, I personally mailed at the United States Post. Office in Riverhead , 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 (x) 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 the applicant's property. (Sigrmture) ~] Sworn t6 before me this ~ %x day of Apr±l ,20 13 (Notary PUblic) PATRJCIA A. CLARK Notary Public, State of New York No. 5711005 Oua/Jf ed n Suffo k C'~ unty Corem ss on E. xp res September 30, 20iL'// 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 "~EdzC ~ A L USE Postage ~ · ~ $3.10 09 Jack M. Hamilton Donna p. Hamilton ,-, ~1~:,~: ~,;f .................................................................. r'"l~ .................. .0._5. Reeve Ave. LLC S2.~ 2 :: ,-1 [ Abigail A. Wickham i '-' [~:~-~7 ................................................................... i~ [~..~)....m~..~. PO Box 718 ] j [~;z~ ...................................................................... i ,,_ . . :, C~utch.o ue NY 11935 ....... $ ~6.11 Ortoli & Son Rental E LLC [,w}::f...................................................................... I [ ~r FO aox No. 24 Orchard Dr. { strict · 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. 1. Adicle Address~ to: 13000 Main LLC 11185 Main Bayview Road Southold, NY 11971 Article Number (Transfer from service label) ?'3Agent r-lAddressee C. Date ofOelivsry D, Isdeliveryaddressdiffer~tflomJteml? r-lyes If YES, enter delivery address below: [] No 3. Se ice Type ~Certified Mall r-i Exprese Mall [] Registered ~Retum Receipt for Merehendl~ [] Insured Mail [] C.O.D. 4. Restricted Dalivery? (Extza F~e) [] Yes 7012 0470 0001 7423 5375 PS Form 3811, February 2004 Domestic Rstum Receipt 102595-02- · 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. Or±oli & Son Aental E LLG 24 Orchard Dr. Woodbury, NY 11797 Article Number (Transfer fmrn service label) PS Form 3811, February 2004 r-i Agent D. Is delivery address Yes If YES, enter delivery address below: ~.No 3. ice Type .~Certltied Mall [] Express Mall [] Registered ~ Rstum Rec~pt for Merchandise [] Insured Mall ri C.O.D. 4. Restricted Deliver/? (Extra Fee} [] Yes 7012 0470 0001'7423 5399 Domestic Rstum Receipt 1025~5-02-M-1540 i · ,2, and 3. Also complete ~-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~ssed to: Abi~ A. Wickham PO Bo~= 718 CutchSgue, NY 11935 Article Number ~ransfer from service label) A. Signature [] Agent [] Addressee R. Received ~ D. Is delivery address different from item 1 ~ If YES, enter delivery address below: [] No 3. Sewice Type ~Do~,ed Mail ~ Mail r'l Registered J~ Rstum Resalpt for Merchandise [] Insured Mall [] C.O.D. 4. R~tristed Deliver? (Extza F~e) [] Yes 7012 0470 0001 7423 5405 ~:38'11, F.e.~rbary 2004 . Domestic Return Rsceipt t02595-02-M-,540 i SOUTHOLD TOWN ZONING BOARD OF APPEALS RE: BABS CORP. List of adjacent property owners 1. SCTM#1000-114-11-11.1 Jack M. Hamilton Donna P. Hamilton 605 Reeve Ave. MaRituck, NYl1952 2. SCTM#1000-114-11-12 13000 Main LLC 11185 Main Bayview Rd. Southold, NY 11971 3. SCTM# 1000-140-03-38.4 Orioli & Son Rental E LLC 24 Orchard Dr. Woodbm% NY 11797 4. SCTM# 1000-140-3-40 Abigail A. Wickham PO Box 718 Cutchogue, NY 11935 5. SCTM#1000-140-03-5 Mattituck Park District PO Box 1413 Mattituck, NY 11952 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address o0 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. Articte Addressed to: Jack M Hamilton Donna P. Hamilton 605 Reeve Ave. Mattituck, NY 11952 [] Agent [] Addressee,. · Date of Delivery D. Is deliver [] Yes If YES, enter [] No 3. Service Type [Cecdfled Mail Registered i-1 Insured Mail [] Express Mall ~Retum Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number O'ransferfroms~/Icelabel) 7012 0470 0001 7423 5382 PS Form 3811, February 2004 Domestic Return Receipt I~5~-v-O2-M~1540 TOWN OFSOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of BABS Corp.- #6651 Regarding Posting of Sign upon Applicant's Land Identified as SCTM # 1000-140-3-39 AFFIDAVIT OF POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Charles R. Cuddy, residing at Mattituck New York, being duly sworn, depose and say that: On the 24th day of April, 2013, I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance, near the entrance or driveway entrance of the property, as the area most visible to passerby, and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which heating date was shown to be May 2, 2013. Sworn to before me this 30th day of April, 2013 Notary Public Charles R. Cuddy ~, ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net April 8, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, May 2, 2013 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 Suffolk Times. 1) Before April 15th: Please send the enclosed Legal Notice. with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any 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 to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or durin.q the hearin.q, providing the returned letter to us as soon as possible; AND not later than April 22nd: Please either mail or deliver to our office your Affidavit of Mailinq (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 April 24th: 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, n'ot 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 April 30, 2013. 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. BOARD MEMBERS Leslie Kanes Weisman, Chairperson 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.noahfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 April 3, 2013 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: ZBA File #6651 Owner/Applicant: BABS Corp. Action Requested: Reconstruct two existing accessory buildings - setbacks Within 500 feet of: (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. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Oantes Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office LQcafion: 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 May17,2013 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 RE: ZBA Application #6651 - BABS Corp. Dear Mr. Cuddy: Transmitted for your records is a copy of the Board's May 16, 2013 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. 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. SOUTH ELEVATION SCALE, 1/4' = t'-0' MAINTAIN EXISTING BARNS Iql.2'1' ~o .. Love Lon~.~--,-.. 4,40'~W 84.20' ..Mai:, Roa ~EX 2-2X6 EX. 2XB RIDOE~ MAINTAIN EXISTING BARN EX, 4X8 16" O.C, EAST ELEVATION NORTH ELEVATION SCALE~ 1/4' = 1'-0" WEST ELEVATION SCALE~ 1/4' = l'-O" MAINTAIN EXIS-ING BARN FLOOR PLAN SCALE: 10'-6" FLOOR JOISTS ~ 16' ~,C, SECTION SCALE~ 1/4' 1'-0' I / · ' s FL FOUNDATION PLAN 1/4" : 1' - 0" SCALE: 1/4" = 1' - 0" FINAL MAP t IREVlEWED aY ZBA IDATED ~_~.. h~ I SOUTH ELEVATION EAST ELEVATION WEST ELEVATION NORTH ELEVATION FLOOR PLAN SCALE: F "--EX. SLAB%/ FOUNDATION PLAN 1/4" = 1' - O" SCALE: 1/4" = 1' - O" EX, 2X6 RAFTERS MAINTAIN EX 2-2X4 TOP PLATE-/ E;,'[STING BARN Ex. 2x4 STJD$ @ 15" OC.~ %--EX, FOUNDATION WALL FOOTING SECTION A-A SCALE~ 1/4' = 1'-0" RECEIVED APR ~ ZOl~ BOARD OF APPEALS E~ Z CZ3 __v Z ~ X <I2 b2 .'72 <~ Cq