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HomeMy WebLinkAbout6659 ~46S /114 ~U ,eon-~, t MA~2~o~ ~~/RS ~ - ~~E,eSia~ Ac~j'C~~-o ~v?~ EX~Si~,c~G ,Q~T~Fi,I. S~~- ~o~ ,o,e~p fi-~e- ~,u 1 c/2 QTR i i~.v A27'XX~ ;SE~.:20~ ~a .3t ~ ~ 3 ~~5 CAARI+~~ awnog~~G,S~ #163 ce tion KIk7 ~ wt-/I Special E$ p ~unsef Si~oses May 7. 198.9 $ast plaxion, NY to replace a nan-confQ~mn9 p,~7IF.L~ permission buain~~s b~i7.clinq, N~~ Maa Road.. Eaat Ly_prio~ BOARD MEMBERS ~F SOU Southold Town Hall Leslie Kanes Weisman, Chairperson ti~~~ Ty~IO 53095 Main Road • P.O. Box 1179 Eric Dantes Southold,NY 11971-0959 1~I Office Location: Gerard P. Goehringer ~ Q Town Annex /First Floor, Capital One Bank George Horning ~ • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider l~COO~ Southold, NY 11971 http: //southoldtown. northfork. net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD ~ Tel. (631) 765-1809 • Fax (631) 765-9064 A~ - ~ 2~~3 Sau~To~wn CI FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 25, 2013 ZBA FILE: 6659 NAME OF APPLICANT: Fork & Anchor (Erin Fitzpatrick) CTM# 1000-31-3-16 PROPERTY LOCATION: 8955 Route 25 (aka Main Road), East Marion, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 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 thru A 14-25, and the Suffolk County Department of Planning issued its reply dated May I5, 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: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: The property is anon-conforming 8,065 sq. ft. parcel in the R-40 Zone and contains apre-existing nonconforming retail use. The parcel is improved with a two story frame house containing the retail use on the first floor and a residential use on the second floor. There is also a two story frame barn/garage on the property that has historically been used for accessory storage by the nonconforming retail use. It has 45.67 feet of frontage on Main Road S.R. 25, 1 13.38 feet on the western property line, 93.80 feet on the northern property line and 127.62 along the eastern property line. The property and the improvements are shown on the survey prepared by John C. Ehlers, LS, dated 04-27-2006. BASIS OF APPLICATION: This is a request under Section 280-146D for an ln[erpretation of [he Town Code, Article XXIII, Section 280-121 (C), "Non-Conforming Uses" appealing the Building Inspector's December l2, 2012, updated on March 14, 2013, Notice of Disapproval for a permit to convert the accessory barn into food preparation for existing retail store. Page 2 of 3 -July 25, 2013 ZABk6659-Fork & Anchor (Erin Filzpatnck) SC'rMtI1000-31-3-16 The Notice of Disapproval is based upon Section 280-121 A, which states in pertinent part as follows: Except as provided hereinafter, nonconforming use of buildings or open land existing on the effective date of this chapter or authorized by a building permit issue prior thereto, regardless of change of title, possession or occupancy or right thereof, may be continued indefinitely, except that such building or use: A. Shall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the !ot or parcel of land occupied by such use on the effective date of this chapter, nor shall external evidence ofsuch use be increased by any means whatsoever. RELIEF REQUESTED: The Applicant requests that the Zoning Board of Appeals consider that the Building Department's denial of a permit to utilize a portion of the accessory barn as a food preparation area was in error. BACKGROUND AND ADDITIONAL INFORMATION: The Applicant leases the first story retail store and the accessory barn from the owner of the property, Tracey Byrnes, who has consented to the application. Presently, the retail store has been described to the ZBA as a general store that sells groceries, beverages, beer, cigarettes, newspapers, snacks, coffee, sandwiches and various prepared foods, including boxed lunches. While there is limited seating (two outdoor tables, used seasonally and a gentlemen's rail), the food prepared is primarily consumed off site. The retail store contains a small kitchen and preparation area. The accessory barn is presently utilized to store dry goods and food. The applicant is proposing to place two food preparation tables in a 9'T' x 11'4" room within the accessory barn, as well as a sink that will be utilized solely to wash vegetables, as shown on the floor plan diagram dated Received July 18, 2013 by Zoning board of Appeals. The public will have no access to the accessory barn area and the remainder of the building will continue to be utilized as storage. In a letter dated 10/15/2012, Michael Nocerino, a food inspector with the NYS Department of Agriculture & Markets stated, "the applicant's discussed requirements from NYS regarding sinks and food safety and have assured this department that these requirements would be properly addressed." An inspection will be conducted in 20 ] 3 to include the work space. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 6, 2013, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: Based upon the limited nature of the proposal (placement of two tables and utility sink in an approximately 9'7" X 1 I'4" unheated area to be utilized on a seasonal basis) it does not constitute an enlargement, alteration, extension, reconstruction or restoration of the nonconforming retail use. Similarly, this Board does not believe that the use of the storage building as proposed constitutes the placement of the retail use on a different portion of the property. The Applicant is simply utilizing an active storage area that is accessory to the principal retail use in much the same way as the storage building is currently being used. Page 3 of 3 -luly 25, 2013 7,ABt16659 -Fork & Anchor (Erin Fitzpatrick) SCTMN 1000313-16 The active storage area will be solely utilized to store, prepare and package food items that will be placed in containers and brought into the retail store for assembly and sale which is similar to what the applicant is already utilizing the building for (storing items that are not boxed and brought into the store for sale and use). As such, a building permit should be issued with no further action required by this Board. RESOLUTION OF THE BOARD: In considering all of the above, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to find that the proposed use of the accessory structure as applied for is permitted, as shown on the floor plan diagram dated received July 18, 2013 by the Zoning Board of Appeals and the survey by John C. Ehlers, LS, dated 04-27-2006, revised 06-28-13. 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 bui[ding 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 no[ authorized under this application when involving nonconformities under the zoning code. This action does not authorize ar condone any current or future use, setback or other feature of the subject property Ghat 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 ofnonconformiry. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Dances, Horning This Resolution was duly adopted (5-0). ~ eslie Kanes Weisman, Chairperson Approved for filing ~ ~ /2013 ~~~CEIVE ' ~ i~, i GROUND FLOOR LAYOUT tj~'A~`'-' OF APPEALS Entrance - - - - - - - - - - - - -_~k~-r= from outside - - - J€~.~_ - g - - s - x mass-~. ,.i - _ z~xs~ - , ~ _ _ _ ~ ~ . _ - _ _ ts.~rrs~azs.€~s'az_sc. _ _ _ _ E C:~: sent .^tran: e i:r.,v 3?r©{sosed prep urea r vT t_ A = - - - ~w - `~a_: - _ A = - S~ilr~i~ C7-rPaS. _ Ill :tli_,_ _ _ Entrance in to Barn from f ~ to Barn from outdoors. Entrance i to Barn fr FINAL MAP outdoors. outdoors. REVIEWED BY ZBA D STAIRCASE AND ENTRY HALL Prep Area SEE DECISION # " ~ ` Remaining Area To Stay'As is' for storage DATED /_~j SUR~/EY OE PROPERTY SITUATE: EAST MARION N TOWN: SOUTHOLD SUFFOLK COUNTY, NY SURVEYED 04-27-2006 W BUILDING DESCRIPTION REVISED RE~'EI~ED _ AS PER ATTORNEY Ob-28-13 C- SUFFOLK COUNTY TAX # JUL _ fIl S ~l00o-31-s-Ib 2Z013" Q2~tTIPffiD'PfD: BOARD OF APPEALS Traoey lBymea O~P~\~ a~ P/t\`~ ~ ~OC~,y ~ UCH UL ~~~1 ~O C~a ~ h ~ ~ ~ h~~( l{.Ot~ Y O~ r 9 ~ ~ ~ D`ct~ orS)~~ l.l~ O ~ Z ~ ~p~ - ts~ z ~ 9 O 3~' . -n d° q3 0. l0 CO ,L C ~~Ot P~ - o Oo 5, ~~1~ ~ ~ . ST ~ ~~C ~o ~ ~ ~ o s ~ o ~j 1~ L~ o ~ ~ e~ z. m . 9 4 \ j~ ~ V , S ~ ~ 9~ e ~ n 9,j m 'y0 ~ o •a ~ a _ , 4 ~ 3 ~ - - - 9~ ~s p o°~: h~i q 1, v J 0,' ~ ~ o c ~ f~ ~<C Obi o ~oG~ OJT ~o SO ~ ce ~ , YO o~ P ~®"9 i ' / i FINAL MAP REVIEWED BY Z B FN 0 E ro,,.,o a,. a~~ a ~,~,o a ~ ~ ~a xe~ e o SEE DECISION ~ ~"~.,M,~ DATED ~ ~ a.01 ~i ~ ~~d~.~,~~,a',~a~'~~,.e~..., * „~.a~a~,~~~~9~m,~e,~~~ w ~~~M 'i NOTES: ~ ~a.~,~.ea~~~~„~. ¦ MONUMENT FOUND SF~CAND P~~ ~~~.~`.ev~,~°a"°~~~,o'.,~~:.~;.;;.~~ i AREA = 8p65 S.F. or 0.185 Acre JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STRHET N.Y.S. LIC. NO. SO?A2 GRAPHIC SCALE I"= 20' RIVP.REIEAD,N.Y.11901 369-8288 Pax 369-8287 REF.C:\UaeasUohn\Dropbox\p6~A6\06-163.pro • RECEIVED S CHARLESR.CUDDY JUL 1 0 2Ci3 ATTORNEY AT LAW BARD OF gppEALS 445 CRI FFING AV ENUE RIVERHEAD,NEW YORK f~'laiiinE Address: T); L: (631) 369-810 P.O. Bax 1547 FAX: (631)369-9080 Riverhead, NY 11901 E-mail: c}iarles.cuarly@verizon.net July ] 0, 2013 Zoning Boazd of Appeals Southold Town PO Box 1179 Southold, NY 11971 Attn: Vicki Toth Re: Fork & Anckor, LLC- 8955 Main Road, East Marion, NY Deaz Ms. Toth: The proprietors of the Fork & Anchor aze under the jurisdiction of the NYS Department of Agriculture and Mazkets. Attached is aseries of a-mails between Erin Fitzpatrick ofFork & Anchor, who testified at the hearing, and Michael Nocerino of the Department of Agriculture and Markets together with his attached letter. He advised that while the store is under the jurisdiction of the Department, he will not issue a formal letter on its letterhead until the proprietors seek to install a sink. Very truly yours, C~' t Charles R. Cuddy CRC:ik Enclosures FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED ~ • • Page 1 of 2 Charles Cuddy From: Erin Fitzpatrick [erin@forkandanchor.coml Sent: Tuesday, July 09, 2013 9:52 PM To: <Charles.Cuddy@Verizon.Net> Subject: Fwd: 8955 Main Road -East Marion RECEIV Attachments: Fork and anchor letter.doc; ATT00022.htm S~ Hi Chazles, please see string of emails below. Kind regards, Erin JUL 1 0 201,7 Begin forwarded message: BARD OF AppEALS From: "Nocerino, Michael (AGR)" <Michael. NocerinoCc~agriculture. ny.gov> Subject: RE: 8955 Main Road -East Marion Date: October 17, 2012 8:04:27 AM EDT To: Erin Fitzpatrick <erin forkandanchor.com> I am so sorry for the delay. I deleted this email and did not know how to retrieve it from archives. Please find the letter in the attachment. Best regazds, Mike -----Original Message----- From: Erin Fitzpatrick [mailto:erin@forkandanchor.com] Sent: October 09, 2012 14:58 To: Nocerino, Michael (AGR) Cc: lucv ,forkandanchor.com Muellner Subject: Re: 8955 Main Road -East Mazion Hi Mike, Just wanted to follow up with you on this and see when you might be able to send us a brief letter re: Fork & Anchor. Thank you, Erin Erin Fitzpatrick ~ FINAL MAP Fork & Anchor Cell: + 1 917 693 4012 REVIEWED BY ZBA E-mail: erin~forkandanchor.com Website: www.forkandanchor.com SEE DECISION # S~` Twitter: @forkandanchor DATED 7 / a.S l ~ /3 On Oct 3, 2012, at 6:18 PM, "Nocerino, Michael (AGR)" <Michael.Nocerinonu a~riculture.ny.QOV> wrote: 7/10/2013 I will take care of the note by end of the week. COB if you have not heazd from me. Great talking with you as well. Best regards, Mike Nocerino r1 L Page 2 of 2 Please call/email me on Friday -----Original Message----- From: Erin Fitzpatrick [mailto:erin@esse-consulting com] Sent: October 03, 2012 16:52 'I'o: Nocerino, Michael (AGR) Cc: lucvCcr~£orkandanchor.com Muellner Subject: 8955 Main Road -East Marion RE EIVED ~~~ s~ JUL 1 0 20;3 BOARD OF AppEgLS Hi Michael, Nice speaking with you and thank you for your assistance. We would really appreciate you writing up a short note which documents that we've spoken and that it is fine through Dept of Ag and Markets that the bazn as the accessory space to our store would be permissible for use. We understand we will need to have a hand wash sink and transport any hot food covered so there is no loss of heat. Thank you very much, Erin Erin Fitzpatrick Fork & Anchor Cell: + 1 917 693 4012 E-mail: erin~a forkandanchor.com Website: www.forkandanchor.com Twitter: @forkandanchor SEE DECISION # ,~ DATED? I aJ 1 0 ~3 FINAL MAP REVIEWED BY ZBA 7/10/2013 • RECEIV~p JU 1 0 20i3 BOARD OF APPEALS 1o/1s/2o12 To Whom It May Concern, I am Michael Nocerino, a Food Inspector with NYS Department of Agriculture & Markets (Suffolk County). I have been contacted by the management group of FORK & ANCHOR LLC, located at 8955 Main Road, East Marion NY, 11939 regarding use of their barn located on the same property as additional work space. We have discussed requirements from NYS regarding sinks and food safety and have been assured that these requirements would be properly addressed. A full sanitary inspection was conducted on 02/14/2012 and the 2013 inspection will include inspection of the new work space. Best regards, Michael Nocerino FINAL MAP REVIEWED BY ZBA SEE DECISION # adl~° q DATED.. s~~`~~ ~ ~ S COUNTY OF SUFFOLK ~ ~39~ RECEIVED ~ ~ ~ L ~ ~ MAY 2 ~ %x!13 Steven $ellone BOARD OF APPEALS SUFFOLK COONTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment May 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 orinter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Apalicant Municipal File Number Skelskie, (Arthur) & Molofsky (Nan) 6653 Windisch, Leslie 6654 Vastola Residence (c/o Nancy Steelman) 6655 Wolczok, Mary Ann 6656 McManus, Timothy (c/o William C. Goggins) 6657 Turner, David 6658 Fork & Anchor, LLC 6659 Breezy Shores Community, Ina (Cottage #25) 6660 Breezy Shores Community, Inc. (Cottage #13) 6661 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein TRK:mc Senior Planner H. LEE DENNISON BLDG ~ 700 VETERANS MEMORIAL HWY, 4th FI ~ P.O. BOX 6100 ~ HAUPPAUGE, NY 11788-0099 ~ (631) 857-5197 RECEIVEQ ~ ~ `J APR 3 0 2013" FORM NO. 3 NOTICE OF DISAPPROVAL BOARD OF APPEALS DATE: December 12, 2012 Updated: March 14, 2013 To: Erin Fitzpatrick for Fork & Anchor, LLC P O Box 346 E. Marion, NY 11939 Please take notice that your application dated March 14, 2013 For conversion of an accessory barn into food prep for existing retail store at Location ofproperty 8955 Main Road, E. Marion, NY County Tax Map No. 1000 -Section 31 Block 3 Lot 16 Is returned herewith and disapproved on the following grounds: The proposed conversion of the accessory barn is not permitted pursuant to Article XXIII Section 280-121 which states; "Except as provided hereinafter, nonconforming use ofbuildings or open land existing on the effective date of this chapter or authorized by a building_ ep rmit issueprior thereto regardless of change of title possession or occupancy or right thereof, may be continued indefinitely except that such buildine or use' A. Shall not be enlazged, altered, extended, reconstructed or restored or placed on a different portion ofthe lot or parcel of land occupied by such use on the effective date of this chapter nor shall any external evidence of such use be increased by any means whatsoever." Authorized Signature ~ • ~l~g . , t~ECEIVE~ k i Fee: $ Filed By: Assignment No. APR 3 O ZO13 ~OAkD OF AppEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 8955 Street Main Road Hamlet East Marion SCTM 1000 Section 31 Block 3 Lot(s) 16 Lot Size .185 Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 3/14/13 BASED ON SURVEY/SITE PLAN DATED 4/27/06 Applicant(s)/l]atcoer~: Fork & Anchor, LLC Mailing Address: pn Rix 94F,, RAar Mar; nn, Nv 11999 Telephone: {917)693-4012 Fax: Email:erin@forkandanchor.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: Name of Representative: Charles R. Cuddy for ( ) Owners )Other: Applicant Address: 445 Griffing Avenue, Riverhead, NY 11901 Telephone: 9r;9_R~nn Fax: 9r;9_9nRn Emall: rfiarl ac. rnAd~.(dvari inn _nat Please check !o specify who you wish correspondence to be mailed to, jrom [he above names: ( ) Applicant/Owner(s), Authorized Representative, ()Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 4/27/06 and DENIED AN APPLICATION DATED 11/28/12 FOR: Building Permit ( )Certificate of Occupancy OPre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: 7f7CIII Section: 280 Subsection: 121 Type of Appeal. An 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 2R0 Section 121 (C) & 122 (A) ( )Reversal or Other A prior appeal ~ has, ()has not been made at any time with resaect to this property, UNDER Appeal No(s). 163 Year(s). 4/23/ 1959 . (Please be sure to research before completing this question or cal] our office for assistance) copy attached Applicant: Fork & Anchor LLC Premises: 8955 Main Road, East Marion, NY SCTM#1000-31-3-16 Interpretation of the Town Code, Article 280-121 (C) and 280-122 (A) Conforming use is in part being retained and in part being changed solely to assist with the use of the adjoining building and this modest change is not contrary to the Town Code. Therefore the applicant requests an interpretation of the Town Code, Article 280-121©and 280-122(A). RECEIVED APR 3 0 2013 BOARD OF APPEALS ~~~5q Name of Owner ZBA File# 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 neazby properties if granted, because: 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: F2ECE?VFCt c 3. The amount of relief requested is not substantial because: APR 3 ~ Z~}.3 _ ~oa~r, or= ~a~EA~s 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 5. Has the alleged difficulty been self created? { }Yes, or { } No Why: Are there any Covenants or Restrictions concerning this lead? ~ } No { }Yes (please famish 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. Signature of Applicant or Authorize App t Q~'~1 (Agent must submit written Authorization from(/w er) Swom [o before me [his I ° day of I~nrn~ _I ,zo I1.~0~ Notary Public NVONA KODYM Notary Public, State of New York No. Ot K06088386 qualified in Suffolk County Commission Expires March 3, 2015' • • APPLICANT'S PROJECT DESCRIPTION ~ ~ ~5 APPLICANT: Fork & Anchor, LLC DATE PREPARED: 4/18/13 I. For Demolition of Existing Building Areas I~ECEIVFC,' Please describe areas being removed: N/A APR ,'~Q 701 7iPf CHLJ IL New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: u/ a 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: N/A Number of Floors and General Characteristics BEFORE Alterations: 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: 1, 930 sq. ft. Proposed increase of building coverage: N/A Square footage of your lot: 8,065 sq.ft. Percentage of coverage of your lot by building area: ° V. Purpose of New Construction: N/ a 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. 412012 • • ~ 12ECEIVED QUESTIONNAIRE qpR $ 0 2013 FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? BOARD OF APPEALS Yes % No B. Are there any proposals to change or alter land contours? ~_No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? No 2.) Are those aeeas 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: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A E. Are there any patios, concrete barriers, bulkheads or fences that exist that aze 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. F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. 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. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel ax; Gr; rig dal ; ra rassen and the proposed use am w; h onv d ha n . (ex: ezis[mg single family, proposed: same with g///ar/~~~///ag~JJe, pool or other)//////// ~f~{~y'L~L/cl~~Kd~ Authorized signature and Date • ~ RECEIVES AGRICULTURAL DATA STATEMENT APR 3 0 2013 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be comp[e(ed by the applicant for any special use permit, stte plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district All applications requiring an agricultural data statement must be referred to the Suffolk County Depar(men(ojPlanning in accordance with Section 239m and 239n of the Genera[ Municipal Law. 1. Name of Applicant: Fork & Anchor, LLC 2. Address of Applicant PO Box 346, East Marion, NY 11939 3. Name of Land Owner (if other than Applicant): Tracey Burnes 4. Address of Land Owner: PO Box 124 East Marion. NY 11939 5. Description of Proposed Project:Appli an s kc to ice ctoraeoe barn ac and for fond nrePa rati nn an a r my t 't fond h 6. Location of Property: (road and Tax map number) gq~~~~• u,t r M SCTM111000-31-3-16 7. Is the pazcel 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 land 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 Oftce located in Riverhead. NAME and ADDRESS 1.SCTM1/1000-31-2-32 5 Suffolk County Water Authority 4060 SunriGe H~,,y, 2 Oakdale, NY 11769 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) ~ ~I ~ ~ ~ l a~~3 Signature of Applicant Date Note: 1. 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 statanent. 2. Comments 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 applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 • ~ / Appendix C ~tFC^EIV~[? State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORMAPR 3 0 2013 For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION To be coin leted b A Ilcant or Pro ect S onsor BOARL) OF APPEALS 1. APPLICANT/SPONSOR 2. PROJECT NAME Fork & Anchor LLC 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address antl road intersections, prominent landmarks, etc., or provitle map) 8955 Main Road, East Marion, NY SCTMIk1000-31-3-16 5. PROPOSED ACTION IS: New ~ Expansion (]X ModificaNon/alteration 6. DESCRIBE PROJECT BRIEFLY: Applicant seeks to use storage barn as and for food preparation an accessory use to its food shop 7. AMOUNTOFl1/afJDAFFECTED: .1$S Initialy acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ® Yes ~ No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ® Resltlential ~ Industrial ~ Commercial ~ Agriculture ~ Park7FOresUOpen Space ~ Other Desuibe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ® Yes ~ No If Ves. list agency(s) name and penniUappmvals: Southold Town Building Department-Building Permit and Certificate of Occupancy 11. DOES ANV ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ® Ves ~ No If Yes, list agenCy(s) name and pennitlapprovals: Certificate of Occupancy for the existing commercial building 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ® Yes ~ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE AppliWntlsponsor name: Date: 4 i3 Signature: If the action is in the Coastal Are ,and you are a state agency, complete the Coastal Assessment Forrn before proceeding with this assessment OVER 1 • • PART II - IMPACT ASSESSMENT To be com leted b Lead A enc A. DOES ACTION EXCEED ANV TYPE I THRESHOLD IN 8 NVCRR, PART 817.4? If yes, wordinate the review process and use the FULL EAF. Yes ~ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.13? If No, a negative tledaration may be superseded by another involved agency. Yes ~ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers mey be handwritten, if legible) C1. Existing air quality, suAace or groundwater quality or quantky, noise levels, existing haffc pattern, solitl waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or oNer natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfsh or wiltllife species, significant habaats, or threatened or endangered speces? Explain briefly: C4. A community's existing plans or goals as oKmially atlopted, or a change in use or intensity of use of lantl or other natural resources? Explain briefly C5. Growth, subsequent development, or related activities likely to be induced by the proposetl action? Explain briefly: C5. Long term, short tens, wmulative, or other effects not identified in C1-C5? Explain briefly: C7. Other impacts (indutling changes in use of either quamity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL ARFJ~ (CEA)7 Yes ~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes ~ No Ii Yes, explain 6rfefty: PART III -DETERMINATION OF SIGNIFICANCE (fo be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whetherftis substantial,large,important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checketl yes, the determination of significance must evaluate the potentlal impact of the proposed action on the environmental characteristics ofthe CEA. Check mis box if you have identified one ormom potengaly large or significant adverse impacts which MAY OCCUr. Then proceetl directly to the FUL EAF and/or prepare a positive declaration. Checkthis box ifyou have determined, based on the information and anatysis above and any supportingdorumentation, thatthe proposed action WlL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination ame o Leatl gency ate Print or Type Name o Responsi a cer in ea Agency t eo Responsi la Officer Signature o Responsible O cer In Lea gency Signature o reparer i Brent om responsible officer) W~ f ~~cEtvEa ~~~s~ APR 3 0 213 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM gOARU OF APPEALS The Tawn of Southold's Code of Ethics urohibi[s conflicts of interest on the nart of [own officers and emnlovees. The nuroose of this form is to orovide information which can alert the town of oossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : _ Cuddv Charles R. (Last name, lust name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, iodieate the other person's or company's name) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) RRA intarnra tati nn 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°/a of the shares. YES NO R If you answered "YES", complete [he 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 [ha[ apply) A) the owner of greater [ha[ 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) [he legal or beneficial owner of any interest in anon-corporate entity (when [he applicant is not a corporation) C) an officeq director, partner, or employee of the applicant or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this { ~ ~ day of, 20 ~3 Signature ~ ~ Print Name Charles R. Cudd i • ~ REC:EIVf=f-~ -~~~s APR 3 0 2013 APPLICANT/owNER BOARD OF APPEALS TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibf[s conflicts of interest on [he par[ of town officers anJ 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 [o avoid same. YOURNAME:~3,rnec TrareY (Last name, nrst Dame, middle milial, uulese 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 [ha[ apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone _ Coastal Erosion Approval of Plat Mooring Other (activity) ZBA interuretation 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°/n of the shares. YES NO If you answered "YES", complete [he 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 applicanUagen[/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The [awn 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) [he legal or beneficial owner of any interest in anon-corporate entity (when [he applicant is not a corporation) C) an officer, direc[pq partner, or employee of [he applicanp or D) [he actual applicant DESCRIPTION OF RELATIONSHIP Submitted this f , 20 Signature Print Name L- i r APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the Dart of town officers and emnlovees. The nuroose 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: Fork & Anchor, LLC (Last name, first name, middle initial, unless you are applying in [he name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) k~ECETVFi' TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit pPR 3 0 2013 Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring BOARI3 OF APPEALS Other(activity)ZBA interpretation 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 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 [he relationship between yourself ([he applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in [he space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) A) [he owner of greater that 5% of the shares of [he corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in anon-corporate entity (when [he applicant is no[ a corporation) C) an officeq director, partner, or employee of the applicant o: D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this ~ ~ day of G / , 20 Signature ~ Print Name Erin Fitzpatrick Town of Southold ~ ~ ~p ~ ~ g LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. 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. 2. 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). 3. 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 ~~Department, all local libraries and the Town Clerk's office. L B. DESCRIPTION OF SITE AND PROPOSED ACTION APR 3 0 2013 SCTM# 1000 - 31 - 3-16 13pf~(l, OF FtRi~;-;~Ls The Application has been submitted to (check appropriate response): Town Board ~ Planning Dept. 0 Building Dept. ® Board of Trustees 0 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital 0 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: Applicantoseeks to use storage barn as and for food preparation an accessory use to its food shop ~a ~ ` Location of action: 8955 Main Road, East Marion, NY Site acreage: .185 Present land use: food store Present zoning classification: R-40 2. 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: Fork & Anchor LLc (b) Mailing address: PO Box 346 East Marion, NY 11939 (c) Telephone number: Area Code ( ) (917) 693-4012 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ? No ?X 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 criteria. ? Yes ? No ~ Not Applicable As the only food store in East Marion it enhance t e community ut it as no bea ing on oa t Po7.i v 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 ? Yes ? No ? Not Applicable The barn at the site is historical on nature, and has been and will continue rn ha nracari.aA_ • • (~~s~ 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 evaluation criteria 0 Yes ~ No ~ Not Applicable While it provides character to the site but is set back and does not provide a vi cnal nr cranir recrnirrac_ 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 Yes ~ No ®Not Applicable The site is not near the coast and is not subject to flooding or erosion. 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 0 Not Applicable This proposal merely accomadates an existing accessory use and does not significantly impact existing water use. 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 This use does not affect the ecosystem. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III -Policies Pages 32 through 34 for evaluation criteria. ? Yes ~ No © Not Applicable The use of this facility will not result in air pollution. 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 There will be a minimal uncrease in solid waste and hazardous waste will be generated from this facility. 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. ? Ye~ No ® Not Applicable This site is not connected to waterfront recreation facilities. 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 (0~~~ This facility will not have any impact on water dependent uses. 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 No connection to 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 This facility will not impact agricultural lands. 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 This small retail site uses minimum energy resources. Created on S/25/OS 11:20 AM CH A RL ES I2. Ci JDDY ,~~rroa~ev i_,~~~ ciziFr-Inc.~~~rnr~r- P.IV'LiRIIG,~D,AG\~' SORK l~~l~,,;~ addr~-~: f E L: 1631)369-a?(A) P~~.R~~. 167 P?1': (631)3Ei9-91k40 lilver~ead, ~'1~ 11901 F-mail: char~es.: uddv(~t ~~cciwn.uel April 19, 2013 -1~,,,5 Zoning Board of Appeals Southold Town APR 3 0 2013 PO Box 1179 Southold, NY 11971 BOARD OF APPEAI_U Attn: Vicki Toth Re: Fork & Anchor, LLC- 8955 Main Road, East Marion, NY Dear Ms. Toth: In connection with the request of interpretation of an accessory use, we enclose the following in nine (9) sets: 1. Application 2. Project description and questionnaire form 3. 'Transactional disclosure form 4. Authorization Form 5. Recent photos 6. Survey 7. Agricultural data statement 8. Town Property Card 9. LWRP form 10. Environmental Assessment form 11. Disapproval Notice 12. Certificate of Occupancy 13. Check in the sum of $300.00 14. Agent Transactional disclosure form 15. Building Plan Please place this matter on the Board's agenda and advise us as to the date of hearing. Thank you. Very truly yours, C~„~,~% ~ ~ Charles R. Cuddy ~!J~ CRC:ik Enclosures - • FORM N0. 4 ~ - - ~~v TOWN OF SOUTHOLD T,` ~ BUILDING DEPARTMENT f~~(...Fxu F~'~ Office of the Building Inspector Town xau APR 3 0 2013 Southold, N.Y. BOARD OF' APPEAL CERTIFICATE OF OCCUPANCY No. Z-31821 Date: 09 19 06 THIS CBRTIFIES that the building ALTERATIONS Location of Property: 8955 MAIN RD EAST MARION (HOUSE N0.) (STREET) (HAMLET) Cc~mty Tax Nap No. 473889 Section 31 Hlock 3 Lot 16 Subdivision Filed NapNO. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 8, 2006 pursuant to which Building Permit No. 31978-Z dated MAY 9, 2006 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is "AS BUILT" INTERIOR ALTERATIONS TO AN EXISTING COMMERCIAL BUILDING AS APPLIED FOR. The certificate is issued to TRACEY BYRNES (OWNER) of the aforesaid building. SUPFOLIC CODNTY DSPART!ffiiT OF HEALTH APPROVAL NIA ELECTRICAL CERTTPICATE NO. 2072979 08 25 06 PLDMHBRS CSBTIFICATIOA DATED 09 OB 06 RBT.VANETTEN PLUMBING i uth ize Signature Rev. 1/81 • • ~x~~-: r _ x ~ r., - o _ m ~ E r . • ~ , r.:, ~ ~ . Vz: o rZ rk f ZYts~ a ' ~aW '4 r$ ~ ~ ~ °S ppw a° ~ a~_,. >a", fi 8 ~ a'far' ~ esq... t"t, ~5,~ Y 9~' t +n::VRr~ ~ al~'' . ~ A o C~ t ~ # P ~ $ ~ ~ ~ Y~~~~ p fit' ~ ~ F n~ ~ 3 _ t.. ~2~_ 1 r`, i ~~'S~i ~ ,'pw y~,~~~~ fib' a ssu w~, ~ k ~,`?dc~ ~ e= v _ ' ~Y} j ~ e„~`"'~w` ~"`~r' ~ ~`~v°c' ~ r%a d ~„~s ~ ~"`~y`ra~s C ~.~r v~ '~.T'~~ ~d~syr ~i' T,~~~a~ S$.. °.a ~ _ ~ • > - a z ~ 4 ~ _ - r~.~ • • ~ ' ~ I t I . ~a~~; , ~ PEA ~i _ ..ly ,y. m Y~,.i ~ f~ _ ~ _ r , i _ . . y,.~ f `s hd, Fi ~ ~ ~ r , . y tom- r A ~ 4' r ~ r ~ ~ . ~ ~ o- ~ 's , a ~-~--d ~ ~ " ~ c ~ ps~,i ~ ~'4 ye r~ / ~ ~ ~s ~ APR 3 0 2013 `~UAkI") ~)F APf~~Ai.. -'..'jp~~ 3 ` 4 4 .-u~~ ' -c. : i ? f. 'K• `ro. yc Nye i 4.xu 1 E '0`~ ~ 5 r+. ~ y u__ - s... np'A' ~ E - - ~ +F ~ T. .y. i _ 3 ~f 4~.§ .uk4aa MW;.~nir ht~W L:. `df x f ~ _ a~ F ~r ;kR _ 'k°~wty'f ID'S= ~ - - x'" ~ h R ~ r .r 4 Y ~ ~ ~ r -r-- - r ~ ~ p~;~ ~ ~s ~ r d ~ ~,~f" ~ r`. ,nom # _ 'k~`~ ~ ~fp ° ~ pi , , ~ a r _ ~ ~~s APR~~,, B~ARo OF S~d~ddH ~O ClN'c~~~~, El OZ 0 E ~d',, Y< ~ ~ x. qtr ~ ~ a,~ ~ ~ ~W~ x'~ v~ y> ~~~t~S" ~ r t ~ r ~r ~ m ~ ~ w ~ r a ~t r ~ n % ~ ~ 4 3 y p, @ }vS L ~ ~ E ~ N N4 s+az Y I~~~L~ Y e s ~ ~ z r ~ ~ ~ ~ a yy ,w;q~ -r S. . s ~ a - ~ _ ~ s ~ s .s f , _ ~ r~ v r~ r' ~ ~ « ; ~ a ~ h~ _ , .z, ~ ~ r~ { . e ~ F 3 ~ aa€ ° j i r , ~ ~ « ~ ~ ~s ~ ti ~ ~ a, j ti 'b ~ ~~a a i ~s g sj~ r r € v, ~ ~ °h: ~ ~ ~ K • ~~~5 ~ Board of Zonine Appeals Application ~ I~E(,EIVrC AUTHORIZATION APR 3 0 2013 (Where the Applicant is not the Owner) ~OA~~ APPEALS [ Tracey Byrnes residing at PO Box 124 (Print property owner's came) (Mailing Address) East Marion, NY 11939 do hereby authorize Charles R. Cuddy (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner' nature ~~C~. ~ (Print Own s Name) TOWN OF SOUTHOLD, NEW YO0.K • ACTION OF THE ZONING 80ARD OF APPEALS DATEM~Y...11x,.1959 Appeal No. 163 Doted April 23, 1959 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN SOUTHOLD Mr.Charles M. I{ing (Application oP Rattle Noxell To Stmset Shores 0. Sanders Nowellt and Ckarles'WPellanr East Marian, New York 8. King.) at o meeting of the Zoning Board of Appeals on Thursday, May 7, 1959 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special permit under the Zoning Ordinance ( ) Request for o variance to the Zoning Ordinance Request Por a special exceptio>d to the Zoning Ordinance . 1. SPECIAL PERMIT. By resolution of the Board it was determined that a speelol permit ( ) be granted ( ) be denied pursuant to Article ......................Section Subsectlan.................... paragraph of the Zoning Ordinance, and the decision of the Building Inspector ( ) ~ ~~n be reversed ( ) be confirmed because "I REC:EIVFC~ dDD on'013 lt.-1MRIANCE. By resolution of the Board it was determined that -(e}-gtrict application of the Ordinance (would) (would not) produce undue hf~a(I~~ ,L~PpE~ALS '(6T-The hardship created (is) (is not) unique and (would) (would not) be shored by all properties tAike•fn the immediate vicinity of this property and in the same use district because ~{e}--'fhe variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change -thezi,arocter of the district because ~ond~kerefora, it was further determined that the. requested variance ( ) be granted ( ) be dented -end~ihot the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. 3. SPSCIAI, S7CCEPTIONs Wheras the pablic convenience and xelPare and justice will not be served and the legally established or permitted use oP neighborhood property x111 be substantially or permanently injured and the spirit oP the Ordinance x111 not be observedr be it Resolved that the application be denied because Mr. Bing trashes to demolish present store anfl building and replace the present store with a new building costing greatly is excess oP 50~ of the Pair value, as established by the Board, of the present store building. The store is at present non-conforming and xe are convinced that the applicantrs reasoning is inadequate to permit this Board to grant a special exception. Testimogp introduced did not reveal a need for expansion but merely indicated that the immediate neighbors largely favor this project. ZONING BOARD OF APPEALS The solution to this situation lies Judith T. Boken in a possible change oP zone is our Se etary opinion. ,7--. /1 RUV iG:~.`~ oard of APPeaI Chait Form zs, ~ RECEIVED ~ APR 3 p 2013 BOAF~D OF APPEALS Ground Floor Layout ENTRANCE v; ~ , ~ ~ , Staircase and Entry hall t _ _ i CURRENT STORAGE AREA REMAINS ProposE~d Kitchen Storage room ENTRANCE Garage doors _ ~~~5~ /~c~~w - . f TOWN OF SOUTHOLD PROPERTY RECORD CARD - OWNER STREET VILLAGE ~ DIST. SUB. LOT T~c~ Ce ~ r~S ~a ~ ~ ZS ~ 1 ~ s ~ arse . FORMER O N.ER N E ACR. IorPnCe. stn P (~2JOC.7rt<s'~ ~k ~'°n , / 2s' J ~ F S~ S ~ e ` F, ~'l(~-C ~ S . , W ~ TYPE OF BUILDING J- y RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value ~ <f 8/ LAND IMP. TOTAL DATE REMARKS -•r ~ r t t ~ ~ ~ ~ r. ,~.a r rr.r(' J _ i ~C7f~-Y4~ f.U"L..C.~ ~a~LoYZ.~Pv.~~/~a)G~C._ ~a~ y 5300 4 ~2 2,qo ~ ~`i' -L l235/ - ~ t vul'E` ~~8 - iZ d7 - n rat ~ AGE BUILDING CONDITION r 3i © _ ~1 S„2(i D ~1 NEW NORMAL BELOW ABOVE ~ 31q `~qs~) ~,~,,.,oy~_ -~-p Commencir..~ " q/o(, FARM Acre Value Per Value Acre Tillable 1 Tillable 2 / Tillable 3 Wdodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD t~l !y , (0 7 ° House Plot DEPTH ~ ~ G ! v BULKHEAD r total DOCK .o .r r~. / ~~~I~ 4 I~~ DLOR ~ _ ~ - - RIM ~ y b I ~ ~1 F .1.1,.E ~ --f _ 31: 3-16 9/06 M. Bldg. ~ _ ~ Foundation a' Bath ~ Dinette ~ a So ~ - ~ Extension y\ ~ _ ~ G ~ ? ~ ~ ~ Basement p2 Floors K• v,u f C~'~. r"'-'k^"~~ Interior Finish ~ ~ ~ / LR. Extension Ext. Walls ~ Fire Place U ~ Heat B G! DR. Extension ~ ~ 1 p ~ y> Type Roof Rooms 1st Floor BR. Porch Recreation Room Rooms 2nd Floor FIN. B. Porch Dormer Breezeway Driveway . ~zooG Garage SPoT o O. B. ~ ~1, -cu , L~ ~ c~ ~_t? ,Fd~,Te,/ - Total ~ ~ - 4 -i q~zoort o~~g~FFO(,rco ELIZABETH A. NEVILLE, MMC h~ r/y Town Hall, 53095 Main Road TOWN CLERK o= ~ P.O. Box 1179 w 2 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O ~ ~ Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER ~~l ~ ~a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: May 2, 2013 RE: Zoning Appeal No. 6659 Transmitted herewith is Zoning Appeals No. 6659 of Charles R. Cuddv for Fork & Anchor, LLC- 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 from Charles R. Cuddy Dated April 19, 2013, Copy of Certificate of Occupancy No. Z-31821 for "As Built Interior Alterations to an Existing Commercial Building Dated September 19, 2006, Four Pages of Photos of Property, Authorization Letter t;•om Tracey Byrnes to Charles Cuddy to Represent Her in this Matter, Copy of Action of the Zoning Board of Appeals No. 163 Dated May 11, 1959, Notice of Disapproval from Building Department Updated March 14, 2013, One Page of Floor Plans, One Page of Property Record Card (Both Sides), Copy of Survey Showing Property as it Exists Prepared by John C. F,hlers-Land Surveyor. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 4/30/13 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6659 Fork & Anchor LLC 1445 $300.00 t~1AY - 2 2013 South $300.00 By _Ic_ Thank you. ***RECEIPT*** Date: 05/01/13 Receipt: 149420 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6659 $300.00 Total Paid: $300.00 Notes: Payment Type Amount Paid By CK #1445 $300.00 Fork, & Anchor Llc Name: Fork, & Anchor Llc P O Box 346 East Marion, NY 11939 Clerk ID: CAROLH Internal ID: 6659 / CHARLLSR.CiIDllY ~ ~~rr~~i:~e~~ .~~r L,~~r ai;rnri~c:~~~~~t~r izi~~[i~ue,~u~i_~~° ~~~~r.~: ~L,~lh„- ,Add~~~~~.: T[L: 1631)369-ffi[R) Il~~. 13,,. lc""-~~ I=:AS: (631)30) ~Rk~U Piccr~n~a~l, Sl~ SRI ~_-mai~: c~ia r~ce.c uc~~~~(u vc riro n.nei July 1, 2013 (c(~S`yJ RECEIVED Zoning Board of Appeals Southold Town PO Box 1179 JUL - 2 2013 Southold, NY 11971 Attn: Vicki Toth BOARD OF APPEALS Re: Fork & Anchor, LLC- 8955 Main Road, East Marion, NY Dear Ms. Toth: As requested by the Zoning Board of Appeals, enclosed please find seven (7) prints of amended survey for the above property. Thank you. Very/,tr~u~ly yours, Charles R. Cuddy CRC:ik Enclosures BOARD MEMBERS O f SOFT Southold Town Hall Leslie Kanes Weisman, Chairperson O~~ y~l 53095 Main Road • P.O. Box 1179 ~ O Southold,NY11971-0959 Eric Dantes ~ # Office Location: Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Homing ',2~ • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider l~'C~~~ ~ Southold, NY 11971 http://southold[own.northfork. net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 July 25, 2013 Charles R. Cuddy Attorney at Law 445 Griffing Avenue Riverhead, NY 11901 RE: ZBA Application #6659 -Fork & Anchor, LLC Dear Mr. Cuddy: Transmitted for your records is a copy of the Board's July 25, 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 detennination to the Building Department. If you have any questions, please call the office. Vicki Toth Encl. Cc: Building Dept. ,~k~ f~~~ (~1 I ARLES R. CURDY ~~rrorvr:~~ ,~~r ~ ~w kFoGRIFFIVG?PF~I'E hlV'LPHEaI),NF~' YOP.K ~~L,~I~~,c:Add~~,.. TLI_: ((131)369-t~~Al 1'.~~. 13<,. 16~ i Fri\: (631) ~9-9(k~0 I~ioor~ma~, A~1~ 119(11 f:-mail: ch~rles.cu ~c~y(u vcrizun.nc{ June 18, 2013 Leslie Kanes Weisman, Chairperson ~~j S~ Zoning Board of Appeals RECEIVE Southold Town PO Box 1179 Southold,NY 11971 JUN I ti BOARD OF AppEALS Re: Fork & Anchor, LLC- 8955 Main Road, East Marion, NY Dear Ms. Weisman: Pursuant to the request made at the hearing on this matter, we are enclosing a revised floor plan for the barn. We expect shortly to forward the amended survey and a letter form the NYS Department of Agriculture and Markets. Thank you. Very truly yours, Charles R. Cuddy CRC:ik Enclosures G~~S~ RECEIVED JUN 1 9 2013 130ARD OF APPEALS ENTRANCE t~. a _ ~~k ~ ~ f ' i j- 1~ ~ ~i IR~ r A ~ • m X I CURRENT STORAGE AREA ~ ' ~ REMAINS ~ ~ ~ ~i 1 ~ ~ ~ r.. ~ r ..~.S.Y,I~ss. ~ ~ .x saes.-,st +:.n~*err.Yanv-..,....3ra~iaa~i,.u.._~ ~.~w.l.,. t` Cd w-.i t c.3v,....:xwmcar......uw...-u.t+cennaw'ww..a.aytibn. +,,.w...,...a, o,«...~....w. ENTRANCE STAIRCASE AND ENTRY HALL PREP SPACE ; 2ND ROOM ,l i~ 11~ ~ I~~ i SOUTHOLD TOWN ZONING BOARD OF APPEALS ~ ~ ` (c ~ ,1 In the Matter of Application of Fork & Anchor, LLC AFFIDAVIT 8955 Main Road, East Marion, NY SCTM#1000-31-3-16 Tracey Byrnes, being duly sworn, deposes and says: 1. I own the store and adjoining barn which is operated under the name Fork & Anchor. 2. Before leasing the site to the tenants who are before this Board I ran the store for many years. 3. I grew up in East Marion and frequented the store, became friendly with the owners and familiar with this site when it was operated and owned by the Angels. 4. From the 1970's through the present the barn, immediately behind the store, was used to store dry goods and supplies for the store. 5. It is literally impossible to keep a full supply of goods in the front building store and I submit that at all times the store and barn have been used in conjunction with each other. 6. I make this affidavit knowing it will be relied upon by the Southold Town Zoning Board of Appeals. Tr ey B es Sworn to before me this 3~~ day of , 2013 Notary Pul'sl)c EMILY HEALY Notary Public, State Of New York No.OtHE6059270 Qualified In Suffolk County Commission Expires July 23, 20 ~I~\i~~~j I c ,v ~ ~ k - i. ~I I ~ i • 1 tS i J y~' 1 ti I 5 i i 7 i East N~riortHALt73Nap 1 ' , t:ommtnity Fac~tiss Protected Land ~o Hamlet Center e~ndSalANau kDaMdcYfar~ibn.4Yalem dWY70. uKOlkGUaMpRealPmpertY Tax Semca Agency 8 BaeamaD COPrRVG4R 2W7, COUrRY OfSVKDIk N:Y. Ca abianca, Lucille REC From: Bob and Mella <bobmell@optonline.net> Sent: Wednesday, June O5, 2013 2:04 PM JUN 5 2~~3 /'~9 To: Cappabianca, Lucille ~ ~(G Subject: Fork and Anchor variance appeal June 6 B~AfZD Of= AP/YIPEALS We are writing in support of the variance appeal on behalf of the Fork & Anchor owners. / ~ p~ My name is Robert Frentzel-I live in East Marion- owner since 1974 & full time resident for 10 years My wife is Melania Lakowitz Frentzel born and raised locally and full time EM resident for 10 years Brian Mccaffrey of Orient NY would alslo like to be included in our support The Fork and Anchor convenience store has been operating for about 2 years since they took on the location from the owners of Angels. We do also remember the old Angels general store at this location 30 years ago. The current Fork and Anchor has bee a good thing for our neighborhood. It is in fact a convenient location & store for many, compared to driving to the 7/11 in Greenport or waiting for the IGA or drug srore to open The management (Lucy and Erin) have been involved in the community throughout their time here and the business has been an added benefit. We feel it is appropriate that the barn be upgraded as necessary to support the current business: ie to allow food prep and other support operations for the store and other related business as requested. Thank you, R Frentzel, M Frentzel, B Mccaffrey 1900 Old Orchard Lane 477-0581 We are out of town tomorrow and cannot attend 1 ` ° RECEIVED ~ ~ JUN 5 2013 BOARD O+F gp~p~~~s ~/S~/~ 1 a °rn 9`- F F~ ~ y ~ ~~,.~-vim ~ ~ ~ ~ a 1 BOARD MEMBERS ~ • Southold Town Hall Leslie Kanes Weisman, Chairperson ~~Of S~tljy0 53095 Main Road • P.O. Box 1179 ~0 lp Southold, NY 11971-0959 Eric Dantes Office Location: Gerazd P. Goehringer T ~ Town Annex /Firs[ Floor, Capi[al One Bank George Homing ~ • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider lyC~(f~ Southold, NY 11971 http://southoldtown.northfork.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, JUNE 6, 2013 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, JUNE 6. 2013: 1:20 P.M. -FORK & ANCHOR. LLC (TRACEY BYRNES) #6659 -This is a request under Section 280-146D for an Interpretation of the Town Code, Article XXIII, Section 280-121, "Non-Conforming uses", appealing the Building Inspector's March 14, 2013 Notice of Disapproval for a permit to convert an accessory barn into food preparation for existing retail store, located at: 8955 Route 25 (aka Main Road) East Marion, NY. SCTM#1000-31-3- 16 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(a)Town.Southold.ny.us Dated: May 6, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) 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, 53095 Main Road, Southold: NAME FORK & ANCHOR, LLC #6659 MAP # 31.-3-6 VARIANCE INTERPRETATION REQUEST CONVERT ACCY BARN INTO FOOD PREP FOR EXISTING RETAIL STORE DATE: THURS, JUNE 6, 2013 1:20 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 • ~ ~~s~ 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.northforknet May 6, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, June 6, 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 Mav 20tH: 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 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 during the hearing, providing the returned letter to us as soon as possible; AND not later than Mav 28th: Please either mail or deliver to our office your Affidavit of Mailin (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 Mav 29tH: 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 June 4, 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. • • C~Iit~ RLLS R. CURDY ~~3 ~~i;~ e~ r i_;~~t +~~.,i,ir-rrna ~wFn~~~i: RIV'13Z1IG,AD,KE\t" 1'~~P.K ~I,~I~~~g Addr~~~,: ~1 LL: (631)369-i~~H) I'.~~. B~~r LE+i PA\: (631369-9~) ~'rcrwa~, A~Y I L9U1 L-mail: c)zarle~.cuddVC~i'verizon.net May 24, 2013 ~ ~(p ~ ~ RECEIVED Zoning Boazd of Appeals MAY 3 1 2013 Southold "Town PO Box 1179 BOARD OF APPEALS Southold, NY 11971 Attn: Vicki Toth Re: Fork & Anchor, LLC-Affidavit of Mailing Dear Ms. Toth: In connection with the hearing before the Zoning Board of Appeals, enclosed please find an Affidavit of Mailing together with green white receipts and the green signature cards. V/er~y t~~rul~,y~~yours, Charles R. Cuddy~~~~ CRC: ik Enclosures _ _ _ TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK ~i - / AFFIDAVIT OF In the Matter of the Application of MAILINGS Fork & Anchor, LLC (Name of Applicants) SCTM Parcel # 1000- 31-3-16 COUNTY OF SUFFOLK STATE OF NEW YORK I, Iwona Kodym residing at Mattituck, New York New York, being duly sworn, deposes and says that: On the 17 day of May , 20 1~ 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 vehiculaz right-of--way of record, surrounding the applicant's property. (Signature) Sworn to before me this 'a,O'"day of '6`hc`.l , 20 ~ PATHICIA A. CLARK G C~ ~ ~ ~ ~ Notary Public, State of New York ~~y`v No. 5711005 O PUbIiC l]ualified in Suffolk County (N tasy ) Commission F~cpires September 30, 20 PLEASE Gst 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. SOUTHOLD TOWN ZONING BOARD OF APPEALS o ~ ~ • RE: Fork & Anchor, LLC s ~ List of adjacent property owners m 1'69 1. SCTM#1000-31-3-12 ~ r` resteg• $ 10.66 0901 George Geatrakis ~ ,a cernfledFee ~i George Kartsolakis I „lp~ ~ RetumReceiptFee u•10 r12'~P~ ~ 679 5 Ave. ~ VQ/ O (E"°°rsemant Required) t2.55 Here "'r Brooklyn, NY 11215-6310 /n~ ReatnctsC Del'ry~uiFee~. , O (Endorsement R rod) 2. SCTM#1000-31-3-]7 ~ ~'b3Y'~ ~ Totel Protege 8 Fees 96,31 Sylvia M. Daley 05/17/2013 PO Box 574 ~ Suffolk County Water Authorit East Marion, NY 11939 0 'srear,naiivi;.i----------°------------------•------------------y---------------°-- r` °'POSm`N°. 4060 Sunrise H 3. SCTM# 1000-31-8-1.1 ciy,'-si:;re, ziis:a Oakdale, NY 11769 Veda M. Daley Joseph e. Wilfred PO Box 226 East Marion, NY 11939 • 4. SCTM#1000-31-2-32.5 m • Suffolk County Water Authority - • 4060 Sunrise Hwy. m l~f°N'11~1 ~ Oakdale, NY 11769 ru s M1 Postage $ 90.16 0901 Certified Fes °'~J',r., f3.10 / ~ ReNm R 12,% 0 (Endorsement Raqulred) Posdmark f2.55 ~~~/~+~re RestdIXetl Delivery Fee I\\ ~ O (Endorsement Requiretl) vl • n' • ~ - , ~ rotes Postage & Fees $ 96,11 m ° OS/17/2bIS - . ~ • • • ~ Sent To ~ , ,a eor~ Geatrakis George Kartsolakis ~ O Street f No.; m EA8~;11aR'I01~'NY~11 ~ " t` °`PO~xN° 679 Sth_Aye. ftJ Ctrl: Stare, Z/P+4 - ' ' S Postage $ f0.46 0901 Brooklyn, NY 11215-6310 M1 :,r r,. _ ~t , ~ Certified fee 93.10 12. _ O Retum Receipt Fae PosVne • O (Endorsement Required) 92.55 p Here Restrictetl Delivery Fee G~~~ ~ r1J • • ~ 1 p (Endorsement Requiretl) r • f ~ - . ~ Total Postage 8 Fees p $ 96.11 05/17/2013-' m 1 ~ ~ . ~ Sent TO ~ RJ ' ,a Veda M. Daley Joseph E. Wilfred ~ M1 Postage $ 9U.46 , O Street, ApG No.; M1 or POBOxNO. PO BOX 226 0 cergfletlF•• 13.10 ~y~1~s--~`~ - CM State, ZlP+4 - East Marion, NY 11939 ~ Retum Receipt Fee ,16~ufos6nl~Vw p (Entlorsement Required) :,r ir. ~ Restdgey DalNery Fae ' ~ ~ Here M1 (Endorsement Required) o r°w Pesteg° a Feee $ fd.l l 05/19/2013 !IJ Senr To Sylvia M. Daley M1 . or PO BOxNc. - PO Box 574 cty,-'siare,'zit5a . East Marion NY 11939 i TOWN OF SOUTHOLD ZONINGBOARD OF APPEALS SOUTHOLD, NEW YORK (O AFFIDAVIT OF In the Matter of the Application of POSTING Fork & Anchor, LLC (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- 31-3-16 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Charles R. Cuddv residing at Mattituck New York, being duly sworn, depose and say that: On the 28th day of May , 2013 , I personally placed the Town's Official Poster, with the date of heazing and nature of my application noted thereon, securely upon my 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,* 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 hearing date was shown to be June 6 , 2013 (Signature) Sworn to before me this 3'a Day of lc~,e , zo 13 0 IWONA KODYM Notary Public, State of New York ~ v~n~ n No. 01 K06088388 " ~ Qualified in Suffolk County Commission Fxplres March 3, 2015 (Notazy Public) I * near the entrance or driveway entrance of my property, as the area most visible to passerby. _ _ ,Y i _ ¦ Complete items 1, 2, and 3. Also complete A. Sig item 4 if Restricted Delivery is desired. X ~ ? Agent i .Addressee ¦ Print your name and address on the reverse sO that we Can return the Card to yOU. B. ecei d by ( C. Date o Delivery \ , , ^ ¦ Attach this card to the back of the mailpiece, ~ i ~ ~ -/V4`(l(, V1 or on the front if space permits. D.. I slivery address different from Rem 17 ? es ~ 1. Article Addressed to: ~KYES; enter delivery address below: ? No Veda M. Daley Joseph E. Wilfred PO Box'226 East Marion, AIY 11939 3. Service Type i~Certified Mall O Express Mall ? Registered QRetum Receipt for Merchandise m g ? Insured Mail ? C.O.D. c ~ ~ ~ H 4. Restdctetl Delivery? (Extra Feel ? Yes m0 ~v~pp ° v+ 6¢ YZ ~ > t z. ArticleNUmber 7012 0470 ~?~1 7423 5443 W~ ? ~ ? `~1I (rianster from service labep aS~ ~ ~ 102595-02-M-1540 ; l~ < ~ ~ PS Fonn 3811, February 2004 Domestic Retum Receipt _ , ° c~'\, _ n ~ ~ 1 - m Q q z E o~ s ~ ~ ~ ° un ¦ Complete items 1, 2, and 3. Also complete 'Av Signature ~ - ~ S item 4 if Restricted Delivery is desired. X ? Agent -01a ~ ~ ~ '-od t` ¦ Print your name and address on the reverse ? Addressee a m ~ „ m a so that we can return the card to yOU. .Received y (Printed Name) C. Date of Delivery ~ a ~ ~ ~ m ~ ~Ti p ¦ Attach this card to the back of the mailpiece, VAN -'m y ~ = ~ ¢ ~ p 8 or on the front if space permits. B ¢ m ~ ? ? ~ ~ g D. Is deliv a ' em 17 ? Yes - - ¢ 1. Article Addressed to: K o v l7 E If YE enter ~p~ ery addre~+~ a w: ? No ~A M1 S George Geatrakis 2 ~ 3 o¢, George Kartsolakis p ~~1,~ ~ ~ ~ 679 5th Ave. o ~ = a Brooklyn, NY 11215-6310 - 3. Service Typ NY 71 ~ m o E F Certified Mall Express Mall va « d ~ O Registered ~Retum Receipt for Mechandise v a ~ ~ w rn ? Insured Maii ? C.O.D. H v, E `o .-i _ 4. Restricted Delivery? (Extra Fee) ? yes m ~ d! ~ o. A ~ a Article Number p ~ c t ~ ~ z ()ransier from service label) 7? 12 0 4 7 O ~ 01 7 4 2 3 5 4 3 6 ~s m m~ h g A C ~ a ~ o z m 'orm 3811, February 2004 Domestic Retum Receipt 102595-02dM13~0 ; « E ~ m c ~ ,^n ~ u_ _ _m~°°° ~ ~ aE~ m¢;3~;, a m>c~ em .t a mi O Z M • O-V TL U C d N N H E • • • • • • ~ ONCO7;~ C V1WW ~~LL UzO_wQO ¢ N ¦ Complete items 1, 2, and 3. Also complete A. Sign re ¦ ¦ ¦ ~ a item 4 if Restricted Delivery is desired. G Age ¦ Print your name and address on the reverse X ? Addressee so that we can return the card to you. B. Re ve '`y (Printed Name) C. Date of Delivery ¦ Attach this card to the back of the mailpiece, W~ W Gam or o a front if space permits. D. Is delivery address difeent from Item 11 ? Yes 1. Articl ~ 'ressed to: If YES, enter delivery atldress below: ? No Suffa~k County Water Authority 4060 Sunrise Hwy. Oakdale, NY 11769 3. She ice Type IC Certlfied Mail ,0/Express MaA O Registered p7 Retum Receipt tw Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7py2 0470 001 7423 5450 (transfer /rom service label) P3 Fonn 3811, February 2004 Domestic Return Receipt tozsss-oz-Ma54o ; CH ARIJ:S 12. CURDY \l'T~~RNGI' :\'f L.\\C' k1c~;RIFFIAG,AV'EV'1'F' RIV'GRI IG.~\U, VL\Y' T~~IZI: N,~I~„~ Add~~e==: TLL: (631)369-ffilkl Il~~. B~~x 16-47 FAX: (631)369-9(k~O v~~cnc~a~, VS I19U1 1v-mail: c~~arles.cu~~cw(d verizon.net June 3, 2013 Zoning Board of Appeals Southold Town o~ rv Bux 1179 ~ j Southold, NY 11971 ~O Attn: Vicki Toth Re: Fork & Anchor, LLC-Affidavit of Posting Dear Ms. Toth: With reference to the above matter, enclosed please find an Affidavit of Posting. Very tru~~lyjjy))ours, Charles R. Cuddy CRC:ik Enclosures ~ • ~~M #11211 iiiA! a) „f ~i;-. ~ ~pARO o~ ~aP~a~A~~ S 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 23rd day of Mav. 2013. Pri al Clerk Sworn to before r-- iokb~l"pAf - FFHIh^ cr:Vrr _ day of 2013. _ UYANIK #6644 - (adj. from PH SYL13) LEGAL NOTICE Request for Variance from Article XXII SOUTHOLD TOWN Section 280-116 and the Building In- ZONINGBOARD OFAPPEALS speMOr's February 27, 2013 Notice of THURSDAY JUNE 6, 2013 Disapproval based on an application PUBLIC HEAROVGS for building permit for additions and ISTINA VOLINSKI NOTICE IS HEREBY GIVEN, pur- alterations to esingle-family dwelling, NOTARV PUBLIC-STATE Of NEW YORK suantto Section 267 of the Town Law end at: less than the code permitted setback Town Code Chapter 280 (Zoning),Town of 100 feet from [he top of bluff, located NO. O1 V06105050 of Southold, the following public hear- at: 54875 CR 48 (aka North Road) (adj. 9uall1led in Suffolk County ings will be held by the SOUTHOLD to Long Island Sound) Greenport, NY. TOWN ZONING BOARD OF AP- SCTM#1000-44.14 wly Commlislon Ezplras February 28. 2016 PEALS a[ the Town Hall, 53095 Main [020 A M - lAh'FC d CpN 11:40 A.M. - RAYMOND and Road, P.O. Box 1179; Southold, New BROWN #662 - (adj. from PH S/2/13) 11:00 A.M. -MARY ANN WOr r- JOy~ VASTOr.a #6655 -Request for York 11971-0959, on THURSDAY Request for Variances from Article 70K and JOHN WOT P7_ K nd r N. Varimce Artfcle XXII Section 280-116 JUNE 6, 2013: XXII Code Section 280.116B and Ar- t A OICIO S` . Thin ie a uquest (g) and the Building Inspector's April 930 A M - N[ HO A¢ ,,,d MARY title XXIII Code SeMion 280-124 and for a Waiver of Merger under Article II, 8, 2013 Notice of Disapproval based on ANTO r I #66 8 - (adj. from PH the Building Inspector's April 10, 2012, Section 280dOA, to umnerge lend iden- m application for bWlding permit to 4/4/13) Request for Variance from Ar- revised March 20, 2013 Notice of Disap- tified as SCTM #1000.144.1-12, based construct m accessory in-ground swim- ticle XXIII Sectlon 280-124 and the proval baud on an application for build- on [he Building Inspector's February 5, ing pool, additions and alterations to Building Inspector's February 21, 2013 ing permit for demolition and recon- 2013, Notice of Disapproval,which states an mdating single family dwelling aC 1) Notice of Disapproval based on an cep- s[ruc[ion and additions/Wterations to an adjoining conforming or nonconforming less than the code required bulkhead placation for building permit for addi- existing seasonal cottage at 1) bulkhead lots held in common ownership shall setback of 75 feet, located et 2795 Wells [ions and Wteretiorm to existing single setback of less than the code required 75 merge until the total lo[ size conforms Avenue (adj. to Jockey Creek) Southold, fondly dwelling: 1) less than the code feet, 2) less [hen [he code required mini- [o the tvrren[ balk sdredWe (minimum ply, SCTM#1000-70.415.1 required minimum front yard utback mum side yard utback of 30 fee[, 3) less 40,000 square feet N this R40 Resi- 1.00 PM. -DAVID TURNER #6658 - of 35 feet, located aF. 770 Shipyard Lane than the total combined side yards of 25 dential Zone District) this lot is merged Request for Variances Article XXII Sec- (corner Landon Road) Southold, NY. feet, 4) more than the maximum code with lot 1000-144.1-13, located aC 1830 lion 280-116 (B) and Article T[I, Section SCTM#1000-644-20 permitted lot coverage of 20%, located and 1860 Sigsbee Road Mattituck, NY. 2g(1-15F the Building Inspector's April 4'45 AM - ARTH R ceat_c~ at: 170 Oak Street (adj. to Eugene's SCCM#'s1000-1441.12&13 29, 2013 Notice of Disapproval baud and NAN MOLOFSKY #6654 -Request Creek) Cu[chogue, NY SCTM#1000- 11:20 A.M. - TIMOTI-IY M x,rpnn c oa m apphcation for building permit to for Vadances from Article XXII Section 136-1-53.3 280416 (B) and Article IV, Section 280. 10.45 A M - 1 >:cr rF ui*.,*+* # -Request for Vadencec from Ar- demolish existing single family dwe0ing, title XXII Section 280.116 (B) and Ar- construes new single family dwe0ing and 18 and the Building Inspector's April 3, -Request for Variances Article title III, Section 280-15 and the Build- scceyo e e at; 1) propoud con- 2013 Notice of Disapproval baud on en XXiI Section 280-116 ry ~ 8 (B) and Article ing Inspector's March 21, 1A13 Notice atrucfion at less than the code required application for building permit for addi- 111, Section 280-15F the BWlding Inspec- of Disapproval based on an application bWkhead utback of 75 feet, 2) accessory [ion= and W[eretianc [o en existing single [or's Apd12, 2013 Notice of Disapproval for building permit for demo8ton and garage proposad in location other [hen family dwe8ing at 1) less than the cock based on an application for building - re-construction of a cabana/ahower and required bulkhead setback of 75 feet, 2) permit for in-ground swimming pool decking,a[;1) leas than the code requued code requved tear yard or in [he case of less than the code required rear yard se[- end "as built" shed aq 1) proposed in- bukhead setback of 75 feet, 2) less than waterfront property may be located in back of 50 feet, located a[: 510 Bayberry ground swimming pool e[ less than the the code required 10 foot utback for the front yard provided it meets the prin- Road (adj. [o Wunnewe[a Pond) Cu- code required bulkhead utback of 75 accessory structures, 3) the proposed mPW setback, located at: 640 West Shore tchogue, NY. SCTM#1000-111-14-36.8 feet, 2) "as built" shed at less than the cabana is not a permitted accessory use, Drive (adj. to SouWold Bay) Southold, code required bWkhead setback of 75 located at: 7725 Neacau Point Road (adj. NY SCI%#1000.80-147.1 feet, 3) "as built" shed" a[ less than [he to Little Peconic Bay) Cutchogue, NY. 120 PM -FORK & ANCHOR t ~ code required front yard utback of 50 SC1'M#1000-118-45 fTRA Y HYRNFC~ #6,5 9 - ~1},is is feeF on waterfront property, located aC a request under Section 280-146D for 1440 Kimberly Lane (adj. to Southold an Interpretation of the Town Code, Bay) (North Bayview Road) Southold, Article XXIE, Sectlon 280-121, "Non- NY SCTM#1000.70.13-20.10 Conforming uses", appealing the BuBd- ing Inspector's Match 14, 2013 Notice of Disapproval for a permit to convert an accessory barn into food preparation for existitg retail store, located at: 8955 Route 25 (aka Main Road) East Marion, NY. SCI'M#1000-31-3-16 The Board of Appeals will hear all persons or they repreuntatives, dew- ing [o be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Pesch hearing wi0 not start earlier than desigmted above. Flies are available for review duringTegWar business hours and prior ro the day of the hearing. If you have queatlorts, please contact our .office at, (631) 765-1809, or by email: Violki.Toth®'lbwn.Southold.ny.us . Dated: May 6, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON HY Vicki To[h 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Boz 1179 BOARD MEMBERS 0 f S~U~, Southold Town Hall Leslie Kanes Weisman, Chairperson 6p 53095 Main Road • P.O. Box 1179 ,~O Sauthold,NY 11971-0959 Office Location: Gerard P. Goehringer G ~ Town Annex /Firs[ Floor, Capital One Bank George Horning ~p ~ i~ 54375 Main Road (at Youngs Avenue) Ken Schneider l'~~'~~~ Southold, NY 11971 http: //southol down. northfork. net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 April 30, 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 #6659 Owner/Applicant: Fork & Anchor, LLC Action Requested: Convert accessory barn into food prep for existing retail store 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, Leslie K. Weisman ZBA Chairperson Encls. SURLY O~ PR ERTY - - ~ SITUATE: EAST MARION N TOWN: SOUTHOLD SUFFOLK GOUNTY, NY W ~ E SURVEYED 04-27-2006 SUFFOLK GOUNTY TAX ~ 1000-31 -3- Ib S Q:EItTIF!®1'O: '&Yacey syr~s o`~~ o Q P~PI cb0 o~~ ~,~oc o(~ No ~ I l`~ ,,gyp o fl ~ P~(~ ory~~ tJt Q i 90 3~' O° 9 3 o'e \ ~ ~ s N a S ~~9. 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