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1000-121.-3-6
• MAILING ADDRESS: PLANNING BOARD MEMBERS *0 sorry P.O. Box 1179 MARTIN H.SIDOR ��� Old Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS 54375 State Route 25 GEORGE D.SOLOMON Ql (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �COMM �� Southold,NY Telephone: 631765-1938 Fax:631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Gerard P. Goehringer, ZBA Chairman Members of the Zoning Board of Appeals From: Martin H. Sidor, Chair Members of the Planning Board Date: September 28, 2009 Re: Request for area and use variance SCTM#1000-121-3-6 Zone: A-C 4850 Sound Avenue, Mattituck, NY The Planning Board has received your request for comments regarding the above referenced application for both an area and use variance in the AC zoning district in Mattituck. As proposed the applicant is seeking to convert a one-family dwelling to a two-family. This application has been reviewed for site development and the following comments are offered for the Board's consideration. Technical Analysis: 1) Article III §280-12 Purpose Article III §280-13(A)(1) Use Regulations The applicant has been issued a building permit (#33123Z) to convert an existing barn into a single-family dwelling. Construction for this conversion has already begun. The applicant is now seeking to convert that same barn into a two-family dwelling. This use is not permitted under§280-13(A)(1). 1 Further, in order for the applicant to have a two-family dwelling, the lot size must meet the Bulk Schedule requirements. 2) §280-14 Bulk, area and parking regulations. §280 Attachment 1 requires that the minimum lot size for a two-family dwelling in the AC District must be 160,000 square feet. This lot size is 96,572 square feet, falling significantly short of the required lot size by 63,428 square feet(over 60% relaxation). In order for a two-family dwelling to be allowed on this lot, a variance would have to allow close to a 60% relaxation. The Planning Board would not recommend granting a variance which would require a 60% relaxation which is significant. (Note* However, §280-13(B) allows a two-family dwelling to be permitted by special exception by the Board of Appeals. If permitted by special exception, the construction of a two-family dwelling would not be subject to site plan approval by the Planning Board.) Summary: Based upon the above referenced Town Code sections, the Planning Board has serious concerns about the proposals for this property. The following comments are offered to the ZBA: 1) The Planning Board has serious concerns about the ZBA granting an area variance which would necessitate a 60% relaxation to accommodate a two-family dwelling which, requires the area variance first in order to then grant the special exception allowing the two-family dwelling. 2) The Planning Board would also like to point out that turning into that drive from Sound Avenue can be quite dangerous. The Planning board would like the ZBA to consider potential traffic and safety issues. If this request is granted, would it be possible for the property owner to possibly get an easement to use the road to the West of the property for access? 3) The proposed two-family dwelling in the AC zoning District would not support "smart growth" ideals which maintain that any increase in density over what is required by zoning to be located in a hamlet center near mass transit. Where this increase in density is being proposed (the two-family dwelling) is not near a hamlet center or access to mass transit. We hope that the information provided to you is helpful. Should you have any questions or need additional information, please contact the Planning Department. Thank you. 2 Souts Town Planning Board Work Sesse September 28, 2009 Page Two ... ............................................................................................................................................................................. Pro'ect name: Onufrak, Peter& Gloria SCTM#: 1000-114.-5-1 ................................................................... Location: 1500 Mary's Road, Mattituck .................................................................................................................................. ................... ............................._.........................................................._........ ......................................................................................... .............. ..............................................................................................._..._............................. Description: The property is located on the n/e/c/o CR 48 and Mary's Road in Mattituck. .....................................................................__..................................................... : Status: Conditional Final Approval ............................................. ...... ........................... ... ............................... ............................................................................................................................................................................................................................._............................ Action: Discuss Park and Playground Fee. ....................................................................................................... Yg . . . . ................................................................................................................................................................................................................................... Attachments: Staff Report ................................................................. ......................................................................................................................................................................; .................................................................................................................................................................................................................................................................................................. . . .................................................................................. ......................................................... .........................................................._....................................................................... Project name: Morrel, Owen SCTM#: 1000-68-1-15.1 ................ .... ............. ....... ..................................................._.........................................__........................................................._.................................... Location: n/s/o Sound View Avenue, 1700 feet e/o Diamond Lane in Peconic (3945: ' Sound View Avenue) .................................................................._...........................................,. .................................................................._....._....._.................................................................................................................................................................................................................................................................................................................... Description: This proposal is to subdivide a 12.03-acre parcel into 2 parcels where Lot: 1 totals 80,285 sq. ft. and Lot 2 totals 127,686 sq. ft. with an existing single-family residence and associated accessory structures in the R-80 Zoning District. The remaining acreage will remain as open s ce ._........................._...................................................... .......... ................................... ..... ...................................._........................................__..._....._........... ............................ . Status: .Sketch Approval _.................................................._........................... ..........:................ ........................................................................................................................................................................................................... Action: Discuss setting Preliminary hearing date at 10/13/09 regular meeting. ............................... .........................._..... ................ ...................... Attac.. I'll .. ... .................................................................................................................................................................................................................................................................................................................................. Discussion: 1. ZBA request for comments. Scarola. 121-3-6. Conversion of barn to two-family dwelling needs a Special Exception Approval, and the property also needs a lot area variance. 2 Office Location: *Of $O(/lyOlO Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road C. 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold, NY 11971 Southold,NY 1.1971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 MEMO TO: Planning Board FROM: Gerard P. Goehringer, ZBA Chairman9 CCV 1 c DATE: September 14, 2009 SUBJECT: Request for Comments ZBA #6339 — Scarola, Frank As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of Building Department's Notice of Disapproval, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX#/ ZBA ZONING SPECIAL PLANS PREPARER ZONE CODE EXCEPTION DATE STAMPED Scarola, 1000-121- #6339 280-14 Two family 9/20/2000 Nathan Taft Frank 3-6 AC dwelling rewscd Corwin III District 90109 Land Surveyor Your comments are appreciated by September 30, 2009. Thank you. Encls. 08/20/2009 12:51 16317769 THEINKSPOT • PAGE 01 SOUTHOLD TOWN BOARD OF APPBALS Phone(631)765-1809 Fax(631)765-906q �_ I_ C�4N FOR SPE IAL XCEPTION Application No. ateI(WE)hcxeby apply to the ZONING BOARD OF APPEALS,Southold,New Xork fortless SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE SUBSECTION ,SECTION Owner(sxas applicant): Mailing Address: Telephone: NOTE: If applicant is not the owner,state if applicaurt is owner's attonoley,agent,architect,builder, contract vendee,etc. ,. tt ,A,uthorized Representative: W tl t4tom' Go"W f Address: Telephone: Q For the below-described prop"for the following uses and purposes(and as shown on the attached plan drawn to scale): (anaeh separate sheets if needed) bpi✓Gl �t< `n PAIS` NPO S;t� T FA►'�(l L�1 Dct1 t,�16 9', A. 5_ tatennent of Ownersb p rind Interest• is(axe)the owner(s)of pr )mown and refected to as Sb ��Han�ilet� r tY(House No.,St identified on the Suffolk County Tax Maps as District 1000,Section Los �-2- Block � ) whit):is not(is)on a subdivision Map(Filed "Map of been approved by the Sou o d own pannixxg Board og ron led Map No and has [Minor] [Major)Subdivision). as a The above-described Property-was acquired by the owner oxr 3U/ 0(' B. The applicant alleges that the approval of this exception would be w harnmy with the intent and purpose of said zoning ordinance and that the proposed use coxtibrms to the standards prescribed therefore in said ordinance and would not be detrime for the following reasons: ntal to Property Or perPersons in the neighborhood C. The Property which is the subject of this application is zoneE G, I is consistent with the uses)described in the Certificate of Occ and [ ] is not consistent with the Certifcato of Occ arc 'r�r`�'( y attached). reason(s): Occupancy big furnished herewith for the followiuoig [ ] is vacant land. COUNTY OF SUM-LK) STATE OF NEW YORK) / S to before me fts�Q1 day of� r 20� ) r C (Notary Public) IAYA KAIDBEY Public,SWe of New York ,ZBA2(rev. 2/06) No.OIKA6159685 Qualified in New York Count Commission Expires Jan.22,20) "SACTIONAL DISCLOSURE FOR& APPLICAB3E TO OWNER,CONTRACT VENDEE AM AGENT: b 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. (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 or company name.) NATURE OF APPLICATION: (Check all/that apply.) Variance V Special Exception / *Other t/ Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"Other"name the activity: 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 that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship 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 than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director,partner, or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ay of v� Signature: Print Na iotl QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑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 these areas shown on the map submitted with this application? 3)Is the property bulkheaded between the wetlands area and the upland building area? No. 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 map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? N`Q___(Please show area of these structures on a diagram if any exist. Or state"none"on the above line,if applicable.) F. Do you have construction taking place at this time concerning your premises? NO If yes,please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? NO If yes,please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel Existing: Single family dwelling and proposed use: Two family dwelling. (examples:existing: single-family; proposed: same with garage or pool,or other description.) t . d i to d Date OPLICANT'S PROJECT DESCRIPT& 33 (For ZBA Reference) Applicant: Frank Scarola Date Prepared: 20 July, 2009 I. For Demolition of Existing Building Areas Please describe areas being removed: No demolition required. 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): NIA 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 Floors and General Characteristics BEFORE Alterations: 0 and 2°d story structure (4439 sq.ft.)proposed to be first family dwelling. A single story extension (2633 sq.ft.) proposed as second family dwelling. Alterations are limited to a single dividing wall (5' x 7') as shown on 1"floor plan. Number of Floors and Changes WITH Alterations: Same as existing, no changes. IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 17,413 sq. ft. Proposed increase of building coverage: 0% increase Square footage of your lot: 96,568 sq. ft. Percentage of coverage of your lot by building area: 18.03% V. Purpose of New Construction: Add wall (5' x 7') to separate living spaces in effort to accommodate a two family dwelling. 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): Grassy,with moderate slope(10%) from south to north. Please submit seven (7) photos,labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 ,PROJECT I.D. NUMBER • . SEQR 617.21 Appendix C State Environmental Quality Review SNORT ENVIORNMENTAL ASSISSMENT FORM For UNLISTED ACTIONS Only PART I—Project Information(To be complete by Applicant or Project sponsor) 1.Applicant/Sponsor 2. Project Name William Gorman for Frank Scarola Scarola 2 Family Residence 3. Project location: Municipality County 4850 Sound Avenue,Mattituck,NY Suffolk 4. Precise location (Street address and road intersections,prominent landmarks,etc.or provide map) Corner of Sound Avenue and Kirkup Lane 5. Is proposed action: ( ) NEW ( )EXPANSION (X ) MODIFICATION/ALTERATION 6.Describe project briefly: Convert existing Single Family residence to a Two Family residence 7. Amount of land affected: Initially: 2.217 acres: Ultimately: 2.217 acres 8. Will proposed action comply with existing or other existing land use restrictions: (X) YES ( )NO If No,describe briefly: 9. What is present land use in vicinity of project: (describe): ( X) Residential ( )Industrial (X ) Commercial (X) Agricultural ( )Park/Forest/Open Space ( )Other 10.Does action involve a permit approval or funding,now or ultimately from any other Governmental agency,(Federal,State or Local)? ( ) YES (X )NO If Yes,list agency(s)and permit/approvals: 11. Does any aspect of the action have a currently valid permit or approval? ( ) YES (X) NO If Yes,list agency(s)and permit/approvals: 12.As a result of proposed action,will existing permit/approval require modification? ( ) YES (X)NO If Yes,list agency(s)and permit/approvals: I certify that the information provided above is true to the best of my knowledge Applicant/Sponsor Name: William Gorman for Frank Scarola Date:9/10/09 Signature: If the ion is in t e Coastal Area,and you are a state agency,complete the Coastal Assessment Form be From: Frank Scarola 4850 Sound Avenue Mattituck,NY 11952 Date: 10 Sept. 09 To whom it may concern, William Gorman of North Fork Permits is authorized to act as my representative and/or agent for all Building, Planning and Zoning processes in the Town of Southold. Sincerely, rank Scar • FORM NO. 4 • 6339 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-33826 Date: 07/10/09 THIS CERTIFIES that the building NEW DWELLING Location of Property: 4850 SOUND AVE MATTITUCK (HOUSE NO. ) (STREET) (HAMLET) County Tax Map No. 473889 Section 121 Block 3 Lot 6 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 17, 2007 pursuant to which Building Permit No. 33123-Z dated JUNE 8, 2007 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 ALTER EXISTING BUILDING TO ONE FAMILY DWELLING WITH FIRST FLOOR STORAGE AREA, UNHEATED NONHABITABLE ATTIC SPACE, SECOND FLOOR DECK, 5 BEDROOMS AND ATTACHED TWO CAR GARAGE AS APPLIED FOR. The certificate is issued to FRANK & DONNA M SCAROLA (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL C10-07-0004 05/11/09 RY CTRICAL CERTIFICATE NO. 08-6115 04/27/09 PLUMBERS CERTIFICATION DATED 04/28/09 GARY A STAHL r thorized Signature Rev. 1/81 Town of Southold ORP CONSISTENCY ASSESSMENT AM0337 A. INSTRUCTIONS I. 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 included 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 Planning Department,all local libraries and the Town Clerk's office. B DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board ❑ Building Dept. ❑ Board of Trustees ❑ I. 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: E Nature and extent of action: 5 fJECt#tl_ F)(CVOZ181�) Location of action: 4850 lend Avenue,Mattituck,NY • 633 Site acreage: 2.217 acres Present land use: Single family dwelling Present zoning classification: AC 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: William Gorman for Frank Scarola (b) Mailing address: PO Box 1447,Mattituck,NY 11952 (c) Telephone number: Area Code(631) 445-1461 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No If yes, which state or federal agency? C. DEVELOPMENT 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 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 11 No Not Applicable Attach additional sheets if necessary 3z�g 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. ❑ Yes ❑ No U Not Applicable 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 Pj/ Not Applicable 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 B/Not Applicable 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 RNot Applicable Attach additional sheets if necessary Policy 7. Protect and improve 9-ouality in the town of Southold. Se*VRP Section III—Policies Pages 32 through 34 for evaluation criteria. 3.37 ❑ Yes ❑No L1 Not Applicable 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 dNot Applicable 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—Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's wate—dependent uses and promote siting of new water-dependent uses in suitable locations. 7WRP Section III—Policies: Pages 47 through 56 for evaluation criteria. ElYes ElNoNot Applicable Attach additional sheets if necessary Policy 11. Promote sustainable of living marine resources in Long nd Sound,the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through for evaluation criteria. ❑ Yes ❑ No Rr/NOt Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. Se LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes 11 NodNotApplicable 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 Attach additional sheets if necessary • ( 2 { — 3 - � *633 AGRICULTURAL DATA STA'T'EMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM. The form must be completed.by the applicant for any special use permit,site ,plan approval, use variance, or subdivision approval on prperty within an agricultural district OR within X00 feet of a farm operation located in agricultural district.All applications requiring an agricultural data statement must be referred to'the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1)Name of Applicant: 2)Address.of Applicant: D 3)Name of Land Owner(if other than applicant G S 4)Address of Land Owner: S)Description of Proposed Project: 6)Location of Property(road and tax map number): 7)Ts the parcel within an agricultural district? ❑No es If yes,.Agricultural District Number_ 8) Is this parcel actively farmed? 11 No El Y, 9) Name and address of any owner(s) of land within the agricultural district containing active. farm operation(s) located 500 feet of the boundary.of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location.(765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers.on the Town of Southold Real Property Tax Systema - Name and Address c AW 3. 4: 5. 6. j (Please use back side of page if more than six propOrty owners are'identified.) The lot numbers may be obtained,in advance,when requested from either the Office of the Planning Board at 765-1938 oning Board of Appeals at 765-1809. ature 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..Solicitation will be made by supplying a copy of this statement. . 2.Comments.returned to the local board will be taken into consideration as part of the overall review of this application. 3.Copies.of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board 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.Failure to pay.at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 _ TOWN OF SOUTHOLD PROPERTA RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT -J . A L7on��. i'Yl i ER 01IYNER q a-50 5-cuftol ' ° �4rit�4 E ACR. Ffahs;s,45ra�nt ' d Icy S W TYPE OF BUILDING je Tis SEAS. VL. ARM COMM. *B. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS Ae X00 0Q _ 3 6 AGE BUILDING CONDITION NEIN NORMAL BELOW ABOVE FARM Acre Value Per Value f 3$f sa Acre EF1 10.3— 'f ! 1, 7D ?iit 4At7- Tillable 1 5hq _LI —6ifill .- iI!able 2 121111 D--'> a P 9-qqc�q f tgf-es /3 P -a 3pa izaed 3 k2 11(g� • Tillable 30 ! a Z� lr 1&tes &P a tq l Woodland a� 63 f fttCS 8' 33q2- Me -31q Swampland FRONTAGE ON WATER • 0,%Und Am - Brushland FRONTAGE ON ROAD — r'Q ; At>o House Plot DEPTH 3%rv_ BULKHEAD (��� 33a2 coWe Sf7Lt[ wr— ID sik, i dive)lihn Total DOCK ■iiiMINOR a! fi�rri� ii�i �il�■�' t�� ■i IIIlf ■it�ll� �Iiiii!lCi�iiiii����i��l 'i ',Type Roof creation Room IVA ii�'�■ �Iitiiiiil� l���`1i�l�� -- ■ii!l���Iiiiisiii!!�!iiiil:r�■ ■iiia itiiiiiii�r������r���! _ i s • -gym - ,� SCTM # TOWN OF SOUTHOLD PROPERTY RECORD CARD a OWNER STREET !Igo VILLAGE DIST. SUB_ LOT Souk ft- -Ktd�- AGR. �a� � REMRK� 33�SJ Ye 1lces 6P44--A'19;0?'a TYPE OF BLD. FranL + �Mra - caro PROP. CLASS 491 • LAND IMP. TOTAL DATE j(060 4 304 P � ?cl 31� og FRONTAGE ON WATER HOUSE/LOT Ili i BULKHEAD TOTAL 00-27.9 .. .>. ...-.-- ... ......,,. 1--22- 19.9 I $10.9 1i01-07-9 SESEC_ 13 17• . PECOW LAND TRUST -15- a 400 MATCH 12- - �- ll1E Lu UA 13-21- �'� MATCH *-01- ,6 0-31- IM., -D1- S." M-01.01 9-13•D FOR PCL.N0. L11 3.30-0-0 SEE SEC.N0. S2A 121 120-05-001 1- -p 1. .0 ', L10 1- - SAA s 1- ;-05-0 L9 I.2t•0 S.3A ., L6 3 SAA 1 LS a c , (TOWN v swrmo »' LOA DEVE�wrErr IaWNrsr 4.2 a PECOW LAND TRUST1.1 ' 2AA 13.,A m 1.3 m 6 \ SAA 3.3 1.5Afc) L3., L, ,ACd 1 A OALc Y 2 1.0A L6A x AVE. x ~ \ (var.wldtN \ z SOUND S., z Zti' 6 \ zX 3 5.2 22A 51 �\ ��oo an 2.1A(c) 9.5A ,►. 5.3 a Y 4 V,. �� 6339 621A Y E uq 117A Q t�" •+" y� 5./COUNTY OF SUFFOLK 574 1 �1 ♦o ° LOA \ �a�—�—p?8• �j/i / I 14.3 TOWN OF SOUTHOLD WEN SPAM I 1.3A I ��/ 12.312.312.,(NIpiAWUOE AREA) / O 262A gp I COUNTY OF SUFFOLK I 122 :7 1! 1,.1 1 ,92A I \ 7a 11 2.4A 292A(e) (OPEN SPACEI 1 I TOWN OF SOOTHOL FOR PCL.MD. / AWDEAWA'ER LAND) SEE SEC.NO. u5-01-ool / LAUREL r N 77 MATCH—� __z SEE SEC NO.12S L9)E MATCH SEE SEC.NO L hUw+r w w Iti T�.Nbn Lrf N. m E _ _ em lNar _ C rewr.IM LIr _zZ_ sea.NNn eA,A 6a4 Na (Ql) Nat Na N,sar___ —-N—- uaEss DRAWN O—W 5E ALL PROPERTIE ARE WITHIN THE FOLLOWING DMTRICTS: W4r�/9rrr �v-• �•-. III Dnrkt 4e IYisbdNrlr¢t Ur —NST—— SCHOOL 3.11 :=V--- EtFR_ rrO YANTER N TNM W.-IN, a Noun(LM FIRE— W' 23 IlM Inc 121 A(d)or u.0 tan Ilti _ LwN Iuhk,W __L__ Www w NYp ANT NI LIr—-A—_ _T— r WATER OIST)of err AM 12.1 A(c) L1+• PI— or D.ft l --P-- 1^NWIr Dahin lln—WR—_ PAW x A�STTESUFFaI E.ATER WITHOUT srrkt W Lk. -5—_ .REAL PF 0 SOU ID �e -- _.a. SURVEY OF PROPERTY • QITUATED AT S �TATTITtTCK 1� U� 7 TOWN OF SOUTHOLD v' % 157 00 SUFFOLK COUNTY, NEW YORK W; S.C. TAX No. 1000- 121 -03-06 1j'1,,•QD SCALE 1 ' =60' -7 24.5 v SEPTEMBER 20, 2000 •� null JULY 24, 2006 UPDATE SURVEY A FEBRUARY 25, 2009 ADDED SEPTIC SYSTEM & WATER LINE 11 N MARCH 24, 2009 ADDED PROPOSED PARKING - o APRIL 1, 2009 ADDED PROP. DRYWELLS L w �° SEPTEMBER 9. 2009 REVISED NOTES y ' ` AREA = 96,567.61 sq. ft. a - - ---s 2.217 ac. 0- CERTIFIED TO: p c °' FRANK SCAROLA b > ; I cnv Z :� 35!. a e R Acz $o" o J- PREPAR IN IR TH INIMUM STAND jtjll ES USHED BY }H`ED TED FOR-� TIT E.• 9999 TE D �P 1� 4 Y ' Wo N.Y.S. Lic. No. 50467 ` UNAUTHORIZED ALTERATION OR ADDn10N TO THIS SURVEY IS A VIOLATION OF SECTION 72LA OF HE NEW YORK STATE Nathan Taft Corwin 111 SECTIO 7 LAW, ?faN COPIES OF HIS SURVEY MAP NOT BEARING UOS oN PLA��C- "p THE LAND SURVEYOR'S INKED SEAL OR r p`, r (S( S• � EMBOSSED SEAL SHALL NOT BE CONSIDERED Land Surveyor V 7 o■ N SDoDrN011• TO BE A VALID TRUE COPY. RUN �Vli; rfi:�'� s ONLY THESPERSONINDICATED FOR WHOM HE SURVEY , `N ?� IS PREPARED, AND ON HIS BEHALF TO THE TRE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys - Subdivisions - Site Plans - Construction Layout 1 .20 LENDING INSTITUTION LISTED HEREON. AND 5 69 TTUTION CSERRTIIFFICC TIONS AREENOOT TTRANSSFERABE. PHONE (631)727-2090 Fax (631)727-1727 THE EXISTENCE OF RIGHT OF WAYS OFFICES LOCATED AT MAILING ADDRESS AND/OR EASEMENTS OF RECORD. IF ANY. NOT SHOWN ARE HOT GUARANTEED- 322 Roanoke Avenue P.O. Box 1931 Riverhead. New York 11901 Riverhead, New York 11901-0965 Office Location: ��0f SU(/jy0 Mailing Address: r^� Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) CA P.O. Box 1179 Southold,NY 11971 • �O� Southold,NY 11971-0959 o�"'rou http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631) 765-9064 MEMO TO: Planning Board FROM: Gerard P. Goehringer, ZBA Chairman16 DATE: September 14, 2009 SUBJECT: Request for Comments ZBA#6338 — Scarola, Frank As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of Building Department's Notice of Disapproval, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME '`TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED Scarola, 1000-121- #6338 8-3-09 Lot size Article 9/20/2000 Nathan Taft Frank 3-6 AC III, Section 280- nm5e A Corwin III District 13B &Article clLand III, Section 280- Surveyor 14 Your comments are appreciated by September 30, 2009. Thank you. Encls. 8 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: August 3, 2009 TO: William Gorman (Scarola) P.O. Box 1447 Mattituck,NY 11952 Please take notice that your application dated July 10, 2008 istin sin le famil dwellinginto a two familydwellingat: For conversion of ex Location of property 4850 Sound Ave. Mattituck County Tax Map No. 1000 - Section 121 Block 3 Lot 6 Is returned herewith and disapproved on the following grounds: ormin Conversion a sin le family dwelling to a two famant o Article IIIy dwelling, on,his Sect on 280-13B,2.217 acre lot in the AC District is not ermitted ursu "uses permitted by special exce tion by the Zoning Board of A eals." (1) "Two-famil dwellin not to exceed one such dwellingon each lot." In addition the proposed use is not permitted pursuant to Article III Section 280-14 which states; "No building shall be used and no building or part thereof shall be erected or altered in the AC, R-80, R-120, R-200 and R-400 unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated intoorth herein is chapter by reference, with the same force and effect if such regulations t of lot size for a two-family dwelling. The lot Bulk Schedule requires 160,000 square fee size is 96,573 square feet. Authorized Signature ge or deviation to the above referenced application may Note to Applicant: Any chan require further review by the Southold Town Building Department. Cc: file, ZBA 4 • .46332 From: Frank Scaroia 4850 Sound Avenue Mattituck,NY 11952 Date: 10 Sept. 09 To whom it may concern, William Gorman of North Fork Permits is authorized to act as my representative and/or agent for all Building,Planning and Zoning processes in the Town of Southold. Sincerely, rank Scar APPLICATION . THE SOUTHOLD TOWN BORD OF APPEALS For Office Use Only 7 Fee: $ Filed By: Date Assigned/Assignment No. Office Notes: Parcel House No. 4850 Street Sound Avenue Hamlet Mattituck SCTM 1000 Section 121 Block 03Lots)06 Lot Size 2.217 acres Zone :AC I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: Aup-ust 3,2009 Applicant/Owner(s): Frank Scarola C/O North Fork Permits Mailing Address: PO Boa 1447,Mattituck,NY 11952 Telephone: (631)445-1461 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: Authorized Representative: William Gorman for(X)Owner,or( ) Other Address: PO Boa 1447,Mattituck,NY 11952 Telephone: (631)445-1461 Please check box to specify who you wish cqrrespondence to be mailed to,from the above names: ❑Applicant/Owner(s) YAuthorized Representative ❑Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED August 3,2009 FOR: O Building Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change of Use 11 Permit for As-Built Construction flier: '2-- ll/1.1L� 1DLk)6L"M(0` Provision of the Zoning Ordinance Appealed. Indicate Article, Section,Subsection of Zoning Ordinance by numbers. Do not quote the code. Article III Section 280- 13B and 14 Subsection Type ofAp eal.An Appeal is made for: 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 al A prior appeal 6dhas 0 has not been made with respect to this property UNDER Appeal No. Year (Please be sure to research be ore completing this question or call our office to ist you.). C[U7 *t R)S (_AUA 6Z-2,-? (2-CO tOL-ci•tkAdJO Application by: Assigned Application No. Page 2 Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted,because: An undesirable change in the character of the neighborhood will not be created due to the proposed 2 Family Dwelling. For the past 40 years,the property was used as a high-volume commercial rental yard with as many as 12 tenants at any given time. In addition,there were multiple violations against the buildings for many years.As a result of the new ownership,all of the violations have been addressed and eliminated,the level of traffic in and out of the property has been dramatically reduced to the expressed pleasure of the neighbors(the anticipated future traffic will also be a fraction of past levels)and the current renovations have already substantially Improved the appearance of the property and, necessarily,the character of the neighborhood. (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: There is no viable adjacent property for sale that would increase the lot size. (3) the amount of relief requested is not substantial because: The four large buildings have existed on this lot since 1973 and,because the 2.217 acre lot is not large enough to farm,the buildings are monuments to past enterprises that are no longer permitted In the Town of Southold. The proposed two-family dwelling is a practical solution for at least one of the existing buildings. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The continued improvement of the property and buildings will have a positive effect on the physical and environmental conditions. (5) Has the variance been self-created? ( }Yes,or (X)No. If not, is the construction existing, or as built? ( ) Yes, or (X) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) There is no pertinent additional information. This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety,and welfare of the community. 40%area relief pursuant to Art.IIl,Section 280-13B. Regarding Section 280-14,the building has 2 separate 2 car garages to accommodate parking requirements. ( ) Check this box and complete PART B,Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise lease proceed to the signagive and-Aptaa and-parea below. i o ' pant or Authorized Agent (Agent must submit Authorization from Owner) Sworn to before me this CONNIE D.BUNCH C � day of.—a-� .,200. Notary Public State of New York lfdinSokOoqualeSuffolk (� a Commission Expires April 14,201 (Notary Public) ZBA App 9/30/02 O'PLICANT'S PROJECT DESCRIPTO (For ZBA Reference) 6 Applicant: Frank Scarola Date Prepared: 20 July,2009 I. For Demolitions of Existing Building Areas Please describe areas being removed: No demolition required. Il. New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: 2j/_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 Floors and General Characteristics BEFORE Alterations: 1st and 2°a story structure (4439 sq.ft.)proposed to be first family dwelling. A single story extension(2633 sq.ft.)proposed as second family dwelling. Alterations are limited to a single dividing wall(5' x 7')as shown on I"floor plan. Number of Floors and Changes WITH Alterations: Same as existing, no changes. IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 17,413 sq. ft. Proposed increase of building coverage: 0% increase Square footage of your lot: %,568 sq. ft. Percentage of coverage of your lot by building area: 18.03% V. Purpose of New Construction: Add wall(5' x 71)to separate living spaces in effort to accommodate a two family dwelling. 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): Grassy,with moderate slope(10%)from south to north. Please submit seven(7) photos,labeled to show different angles of yard areas after staking corners for new construction),and photos of building area to be altered with yard view, 7/2002; 2/2005; 1/2007 • '� J-443 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premise listed on the real estate market for sale? O Yes B'N0 B. Are there any proposals to change or alter land contours? R'l�o OYes,please explain on attached sheet. C. 1)Are there areas that contain sand or wetland grasses? No 2)Are these areas shown on the map submitted with this application? 3)Is the property bulkheaded between the wetlands area and the upland building area? No. 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 map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? NO__.fflease show area of these structures on a diagram if any exist. Or state"none"on the above line,if applicable.) F. Do you have construction taking place at this time concerning your premises? NO If yes,please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? NO If yes,please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel Existing: Single family dwelling and proposed use:Two family dwelling. (examples:existing: single-family; proposed: same with garage or pool,or other description.) A orized Signo&(#Date Town of Southold am CONSISTENCY ASSESSMENT 1C A. INSTRUCTIONS I. 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 included 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 Planning Department,all local libraries and the Town Clerk's office. B DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board ❑ Building Dept. ❑ Board of Trustees ❑ I. 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: 5 f> C1�L E�C.c.�pZteN `lC a"6� Location of action: 4850 *id Avenue,Mattituck,NY • Site acreage: 2.217 acres Present land use: Single family dwelling Present zoning classification: AC 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: William Gorman for Frank Scarola (b) Mailing address: PO Boz 1447,Mattituck,NY 11952 (c) Telephone number: Area Code (631)445-1461 (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No Pr If yes,which state or federal agency? C. DEVELOPMENT 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 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 VNot Applicable Attach additional sheets if necessary• • �3� 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. ❑ Yes ❑ No U Not Applicable 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 21/ Not APP licable 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 B/Not Applicable 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 dNot Applicable Attach additional sheets if necessary Policy 7. Protect and improve*uality in the town of Southold. SeeWRP Section III—Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑No U Not Applicable 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 dNot Applicable 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—Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's wate—dependent uses and promote siting of new water-dependent uses in suitable locations. Se WRP Section III—Policies: Pages 47 through 56 for evaluation criteria. El Yes El No Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable Oof living marine resources in Long nd Sound,the Peconic Estuary and Town waters. See LMW Sec "on III--Policies; Pages 57 through Wfor evaluation criteria. ❑ Yes ❑ No R/Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. Se LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LNVRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ NoEd�Not Applicable Attach additional sheets if necessary PROJECT I.D. NUMBER • ��✓ SEQR J 617.21 Appendix C State Environmental Quality Review SHORT ENVIORNMENTAL ASSISSMENT FORM For UNLISTED ACTIONS Only PART I—Project Information(To be complete by Applicant or Project sponsor) 1.Applicant/Sponsor 2. Project Name William Gorman for Frank Scarola Scarola 2 Family Residence 3. Project location:. Municipality County 4850 Sound Avenue,Mattituck,NY Suffolk 4. Precise location (Street address and road intersections,prominent landmarks,etc.or provide map) Corner of Sound Avenue and Kirkup Lane 5. Is proposed action: ( ) NEW ( )EXPANSION (X ) MODIFICATION/ALTERATION 6.Describe project briefly: Convert existing Single Family residence to a Two Family residence 7. Amount of land affected: Initially: 2.217 acres: Ultimately: 2.217 acres 8. Will proposed action comply with existing or other existing land use restrictions: (X) YES ( )NO If No,describe briefly: 9. What is present land use in vicinity of project: (describe): ( X) Residential ( )Industrial (X ) Commercial (X) Agricultural ( )Park/Forest/Open Space ( )Other 10.Does action involve a permit approval or funding,now or ultimately from any other Governmental agency,(Federal,State or Local)? ( ) YES (X )NO If Yes,list agency(s)and permit/approvals: 11. Does any aspect of the action have a currently valid permit or approval? ( ) YES (X) NO If Yes,list agency(s)and permit/approvals: 12.As a result of proposed action,will existing permit/approval require modification? ( ) YES (X)NO If Yes,list agency(s)and permit/approvals: I certify that the information provided above is true to the best of my knowledge Applicant/Sponsor Name: William Gorman for Frank Scarola Date:9/10/09 Signature: If the action is in the Coastal Area,and you are a state agency,complete the Coastal Assessment Form before proceeding with this assessment OANSACTIONAL DISCLOSURE FOR10 APPLICABLE TO OWNER,CONTRACT VENDEE AND AGENT: 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. l td ct A C9�O�n�t�t�1 d'-- (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 or company name.) NATURE OF APPLICATION: (Check all/that apply.) Variance V Special Exception *Other Approval or Exemption from plat.or official map Change of Zone Tax Grievance *If"Other"name the activity: 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 that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the =appropriate line A through D (below) and/or, describe the relationship 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 than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner, or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this �ay of Signature: Print Na TO1NN OF SOUTHOLD PROPER,' RECORD CARD � �}4tER STREET VILLAGE DIST. SUB. LOT ER 01 {'SER�{5�� end r '� 4ci4}�k E ACR. F�ahs 1.ofouni r y _ *ana .221 /'q 2rjD.*vnd,-fvdLLq S W TYPE OF BUILDING tG T•. c5. SEAS. VL. fARM Comi *S. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS Lzog � 3 � AGE BUILDING CONDITION NEW NORMAL BELOW ABOVEAvt � FARM Acre Value Per Volue v �36j�a Acre Lip 103-LIac)7 l -q&z jj '.0 ato Tillable 3 (Arm - il!able 2 I3 P a 3ac� d310 . Tillable 3 q16 6P atjq Z?� f60&ces $P a.?q 1--Wcdla g ��• Woodland oZ b3 a9 o� �eS � 33q2- doe 31#1 - a Swampland FRONTAGE ON WATER j qj6,qX-465Z) An ��}°� ro Brushland FRONTAGE ON ROAD E 6f- House Not DEPTH BULKHEAD �� + 33125 co!vnd structu rt fo 3imk,-rami It dtue)li ha Tata! " DOCK `i T ti i 1ti SEENififFmolffimfmt mtfall!!� lifffiill�ffi'�fi�ii■ ■fiil� ���w�w �� pi'sioffif _ - Siflllff��i����`s;i��iif�l`�fiirl�li■ ■fi lms! �itffiiff � � wait■ MEN iif m UB!!e�7en Driveway r I f • -w-M-M- W L SCTM # TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT SWfd ht-- klQ ACR. 0 ,a , AEM�RKs� TYPE OF BLD. Z r jacQS -q PROP. CLASS Frvn S-+ kora M - caro4qj LAND IMP. TOTAL DATE ��oao 3�o PSR 7�� V/ 31a o� FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL r 61 .. Di-19.9 t 10-07-9 SEE SEC.NIL 113 11-17- PECONIC LAND TRUS2.1TCH 12- zz LK L12 LSA �i01. d . MATCH 041- ,'S b-01.01 SAA 9-13.01 1.1130.0 CL NO. Lu 6.11-0 SEE SEC.NO. 1, -0 120-05-001 f- •0 �,• 1.10 - SAA m 1-OS-0 LW r-H.0 5.7A L6 LOA 4.5 4J ffam O•swrma N LZA LOA tl61'ETLMYEA7 AAOMf! 4.2 u PECOW LAND TRUST m W'" L7 2.OA 13.,A SO 3.3 3, 12 L, LSAfc) L,Alcl 2 LWA LOAk) 1.00, n -AVE. \ (var.vldtN w \ X w 2 5.4 3 S2 2.2A 51 dr W 23A1e) 9dA Y a, 6 102 339 12.4A DH °� A d \ J i•LGt AJ / V O T., // 4 6Wpf e, COUNTY of SUFFOLK ep Y 4 f ' yI 6 pW T I 14.3 OUT TOWN OF SHOI.O (OPEN SPACE) I .��/ 12.3 I sz12.4NATURAL ORAMOOE AREA) / O 7.6 7 � 28.2A � ICOUNTY OF SUFFOLK I 122 c( I a W 1,.1 I ` 7.3 11 ` 2.,A 292A(cl RIPEN SPACE) 1 I TOWN OF SOUTHOL FOR PCL NO. / ft0NQMaER LAND) SEE SEC.No. 125-01-001 I\�/ 1.4AAcl LAUREL \ i + N m coo ZZ MATCH-- —ZZ SEE SEC.NO.125 LME MATCH SEE SEC.ND L �•Pr+T w 1W LAr kee+rkn to xa ua E eWWI«U.Onr exa LAvr C SYI MWI L.r Ikl. — — sewrNn eka xuu x> f21) 1NeL —— seWa orRtr Lw A*—Ok kt LMr ---H—_ U LESz DRAW)/ D Ok.M1 Llro TNERFOL ALL E zM.A./RWnr o�c or..Nn a O —-F--_ ARE wITNN THE FDLLOWNc PROPERTIES Mr Wlrkt L" SEWER-wwAiT_ nD -W--- w).)makmr un —NST—_ FRE _ '." MANTEA N •"`__ "'"' scaau.WWNn o. �>rLM PRE— �o ftv— 23 wa Arm 12.1 A(d)or 12.1A Ion Le. _ LMM MC'W LA. —-,—_ MOJrc.M.Irkl LAI—-A—_ �T— K WATER DGTRBL Cd-A11.N ArM .12.1 Ak) HOOP LOr _ M Oktrk1 LA --P-- fttf r&k kt It.—WW_�_ PARK_ n REFUSE SLFFOLI S—Obtl e}Lk. -z—- ; WASTEKATER tRHOUT -- REAL PF ! O O� SURVEY- OF PROPERTY SITEATED AT '249,20 ti'1TTITL' C . - E \ TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK i , S.C. TAX No. 1000- 121 -03-06 ,+ �% s SCALE 1 "=60' iI m + °'`O W fia N SEPTEMBER 20, 2000 r ! JULY 24. 2006 UPDATE SURVEY 3 L rA N FEBRUARY 25. 2009 ADDED SEPTIC SYSTEM & `NATER LINE 24 009 ADDEDW - o MARPRIL 1, 2009 ADDED PROP- DRYWER�ING SEPTEMBER 9. 2009 REVISED NOTES AREA = 96,567.61 sq. ft. 2.217 ac. / CERTIFIED TO b FRANK SCAROLA $�[`•«d a �� � +i GJ� �F- �4 I 4� 5s i a I Z z o y_ 'REPAIRED IN ACCORDANCE'6W THE MINIMUM O_ �s STANDARDS FOR ?IRE-SURVE:S STA8USHED 87 THE L.IAL_S.AND'AP AN PTSD FOR SUCH.USE BY.-TldC=- Rd..STA LAND TrILE ASSOCIATION. _: �v E � � Y.S. Lic. No. 50467 UNAUTHORIZED ALTERATION OR ADDITION •E:+`�� TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE LA EDUCATION LAW. Nathan Taft Corwin III Ot q Fa� (, CTHE OPIES OF THIS SURVEY MAP SNOTEA BEARING Land Surveyor WL OR "1510 aN��1NG EMBOSSED SURVEYOR'S SHN1 INKED BEECONSIDERED .n 151 - a+`-sem N SOB"�OMy ,.. TO BE A VALID TRUE COPY. O_ M1�EC0 �, S CERTIFICATIONS INDICATED HEREON SHALL RUN �y���////•, Fyo�O" P�,tltl" ONLY TO THE PERSON FOR WHOM THE SURVEY , O Y4 �p d. IS PREPARED, AND ON HIS BEHALF TO THE `L TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys — Subdivisions — Site Plans — Construction Layout 0 LENDING INSTITUTION LISTED HEREON, AND 5 TNSTI- TUTION ASSIGNEES ARE OT TTRANSSFERABL.E. PHONE (631)727-2090 Fox (631)727-1727 THE EXISTENCE OF RIGHT OF WAYS OFFICES LOCATED AT MAILWG ADDRESS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. 322 Roanoke Avenue P.O. Box 1931 Riverhead, New York 11901 Riverhead, New York 11901-0965 a . • MAILING ADDRESS: PLANNING BOARD MEMBERS rjF SU(/l P.O. Box 1179 JERILYN B.WOODHOUSE Ok vel Southold, NY 11971 Chair � Q OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSEND `OU,M'� Southold, NY I�1' Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Gerard P. Goehringer, ZBA Chairman Members of the Zoning Board of Appeals From: Jerilyn B. Woodhouse, Chair Members of the Planning Board Date: October 6, 2008 Re: Request for area and use variance SCTM#1000-121-3-6 Zone: A-C 4850 Sound Avenue, Mattituck, NY The Planning Board has received your request for comments regarding the above referenced application for both an area and use variance in the AC zoning district in Mattituck. As proposed the applicant is seeking to convert an "under construction" one- family dwelling to a two-family dwelling and to use two of the three existing storage buildings on the lot as wine storage. This application has been reviewed for site development and the following comments are offered for the Board's consideration. Technical Analysis: 1) Article III §280-12 Purpose "The purpose of the Agricultural Conservation (A-C) District" is "...to reasonably control..." and "...to provide[an] open and rural environment..." The Town also has an "...obligation to exercise its authority to reasonably regulate the subdivision and development of 1 this land... while honoring the legitimate interests of farmers and other farmland owners." Article III §280-13(A)(1) Use Regulations "In A-C District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: (1) One family detached dwellings, not to exceed one dwelling on each lot." The applicant has been issued a building permit (#33123Z) to convert an existing barn into a single-family dwelling. Construction for this conversion has already begun. The applicant is now seeking to convert the barn into a two-family dwelling. This use is not permitted under§280-13(A)(1). Further, in order for the applicant to erect a two-family dwelling, the lot size must meet the Bulk Schedule requirements. 2) §280-14 Bulk, area and parking regulations. "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C....Districts unless the same conforms to the bulk Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein." §280 Attachment 1 requires that the minimum lot size for a two-family dwelling in the AC District must be 160,000 square feet. This lot size is 96,572 square feet, falling significantly short of the required lot size by 63,428 square feet. In order for a two-family dwelling to be allowed on this lot, a variance would have to nearly double the lot size. The Planning Board would not recommend granting a variance which nearly doubles a lot size. (Note* However, §280-13(B) allows a two-family dwelling to be permitted by special exception by the Board of Appeals. If permitted by special exception, the construction of a two-family dwelling would not be subject to site plan approval by the Planning Board.) 3) §280-13(A)(C) Permitted Uses "Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings." A) While barns and storage buildings are allowed by this section of the Town Code, and while these storage buildings have been granted use by special exception in the 1960's 2 t for potato storage, the residential family dwelling did not exist at the time. The principal building identified as "building #1" on the plan was a barn. Furthermore, because the principle building on this lot arguably is the residential dwelling, the storage buildings become "accessory buildings or structures." §280-4 defines "accessory buildings or structures" as "A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building." The total square footage of the proposed two-family dwelling is 7,212 square feet. Bldg #2 proposed storage building is approx. 6,000 square feet. Bldg #3 proposed storage building is approx. 4,000 square feet. Given their sizes, the proposed accessory/storage buildings are therefore neither "incidental" nor "subordinate" to the principal residential building. B) Because the principal building on this lot is now arguably a "residential building" these existing barns/storage buildings do not conform with the yard requirements for the principal building. C) §280-15 Accessory buildings and structures. "In the AC District, accessory buildings and structures or other accessory uses shall be located in the required rear yard subject to the following requirements: Lot Size: 80,000 sq. ft. and over requires a minimum setback for side and /or rear yards of 25 feet. As they exist, Bldg. #3 and Bldg. #4 do not meet the rear yard setback requirements. Bldg. #3 is only 11.7 and 10.4 feet back from the rear lot line and Bldg. #4 is only 8.5 and 10.5 feet back from the rear lot line. Note: The lot coverage for this site is in conformance with §280 Attachment 3 Bulk Schedule: maximum allowable lot coverage for the AC district is 20%. The lot coverage of this site is 17.9%. Lot size: 96,567 sq. ft. Lot coverage 17,362 sq. ft. 4) Wine storage is not a permitted use under§280-13(A), nor is it identified as a "special exception" allowed under§280-13(B). Because `wine storage' is not explicitly listed under 'permitted uses' or 'special exceptions' in the Town Code, is it therefore prohibited? The applicant, Frank Scarola produces his own wine/label by purchasing grapes from the Wolffer vineyard in Sagaponack on the South Fork and a number of other vineyards. He also intends to 3 r a supplement/augment that supply of grapes with vines planted on approx. 3/ of an acre on this particular lot. While "wine storage" somewhat fits in to the definition for storage use of agricultural related products, it can be argued that wine is a finished product and therefore outside of a more narrow definition of agricultural products as they relate to storage facilities in the AC zone. Instead, if this is the finished product it is related to retail storage. In addition, Mr. Scarola is proposing to use 2 of the 3 storage buildings as wine storage and the third smallest storage building for his own personal use. His representative, Bill Gorman, noted that Mr. Scarola would also be willing to use the two larger storage barns for the storage of tractors and bird netting etc. for the surrounding vineyards. Everything will be stored indoors, regardless of what is being proposed to be stored. Summary: Mr. Scarola is very interested in revitalizing and improving the property at issue. He is willing to do what is needed to achieve this goal. He wishes for whatever uses are allowed (to include possible home-winemaking classes) to be low-impact, have minimal traffic and to keep the property clean and safe. However, in order to achieve any of the requested proposals for this property Mr. Scarola would need a number of area variances and use variances. Therefore, based upon the above referenced Town Code sections, the Planning Board has serious concerns about the proposals for this property. The following comments are offered to the ZBA: 1) The Planning Board has serious concerns about granting an area variance which would nearly double the lot size to accommodate a two-family dwelling which, requires the area variance first in order to be granted the special exception to allow it. 2) The Planning Board has serious concerns about the proposed storage on this site. Wine is one suggestion, but so is storing tractors, bird netting, etc. The storage proposed on this site needs to be more clearly defined. 3) How will the items proposed to be stored monitored/enforced? What will prevent this site from becoming a more commercial storage/rental property vs. storage directly related to agricultural uses as proposed? 4) The Planning Board also has serious concerns about the combination of residence and storage on this one lot. Depending on what is being stored and how those storage barns will be used, there could be potential traffic problems and safety issues between trucks, tractors, and cars for the residents. 5) The Planning Board would also like to point out that turning into that drive from Sound Avenue can be quite dangerous? The Planning board would like the ZBA to consider potential traffic and safety issues. If this is all allowed, would it be possible for the property owner to possibly get an easement to use the road to the West of the property as access? 4 4 6) Given the combination of proposed uses, is this zone appropriate allow these uses? Because this property will all be rentals (residence and possibly storage), how do you distinguish between this property and the allowable uses of the AC zone vs. more of a commercial enterprise which is what this would be as all rentals? The Planning Board does appreciate the applicant's desire to improve the property, make use of the existing structures and create a low-impact on this lot, but given the above mentioned concerns, there are numerous serious questions and issues which might be useful to address more in-depth prior to any decisions being made. We hope that the information provided to you is helpful. Should you have any questions or need additional information, please contact the Planning Department. Thank you. 5 • WORK SESSION AGENDA • SOUTHOLD TOWN PLANNING BOARD Monday, October 6, 2008 4:30 p.m. 4:30 p.m. Site Plans Site Plans _.._..................I................_....................................... Project name: Peconic Landing/Brecknock Hall SCTM# 1000-35-1-25 i _................. ........................................................................ .. ............................................. ...................................... .................................... ................................................................................................ Location: 1205 NYS Route 25, Greenport .... .... .... Description: This p amended site Ian is for the proposed renovation of an existing two- story building where 1,565 sq. ft. is public space, 1,400 sq. ft. is office space, plus misc. space and one (1) two-bedroom apartment on the second floor on a 136.6 acre parcel known as Peconic Landing in the R- 80 Zone located on the n/s/o NYS Route 25, 1,121' e/o Sound Road, in Greenport.. .. . ............................. ..................... ................................................................... Status: Pending Final Inspection (....._..__................................... . . . . g i Recommendations: : Approve with condition. ...... ttachments: Draft Letter Com...... ....... ........... ....... ._...................._................................................................................. ._.............................................._......................................................._........................ ............................ ......................... ............................................._._......................_............. ........................._..........._._........._......._..., Project name: Rutkoski, Robert SCTM#: 1000-108-1-2 ........._............. Location: 11165 CR 48, Mattituck _......._.........................._..........._.._...................................................,......... ........ ................................................................................................................. ....................................................._..........................................................................-..............................__......................................................... Description: This site plan is for the proposed construction of a 6,000 sq. ft. new agricultural farm machine storage building on a 4.8-acre parcel in the A-CE Zone located approximately 356' west of the intersection of County Road 48 and Wickham Avenue, on the north side of County Road 48, in _..................................... ... ... Mattituck. Status: Pending Final Inspection .................... ..... . .... Recommendations: 1 Approve Attachments: Draft Letter _.... ............. ... .... ....... .. ...... Subdivisions .. _... ...... ... ..... ........ Project name: Adipietro, Robert .....SGTM#: , 1000-74-3-16 ... ...... .. .............................................. ....__ .. .............................................................: Location: on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic .......... Description: Standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals29,291 sq. ft., in the HB Zoning District ...... Status Conditional SketchApproval .. Recommendations: ; Set Preliminary Hearing ............ _. .... . Attachments: Draft Road & Maintenance Agreement, Draft Easement, Draft C & Rs Discussion Item: Request for Comments ZBA (see att.) Tax Map #: 1000-121-3-6 Variances requested: • Section 280-13 (A) & (B) — Use Regulations for AC Zone — Permitted Uses and Uses permitted by Special Exception • Section 280-14 — Bulk, area and parking regulations Southold Town PlanninwBoard Work Session — Page TwoAWctober 6 2008 MW MW Mr. Scarola is requesting that an existing barn be changed from an already approved 1-family dwelling to a two-family dwelling and, that existing storage buildings on the premises be used as wine storage. These requests would require an area and use variance from the ZBA. ***************************** 5:30 p.m. Meeting with Housing Advisory Commission Attachment: "Housing Advisory Commission Recommendations to Stimulate an Inventory of Apartments in the Town of Southold — Draft July 2008" �Q-c APPEALS BOARD MEMBER' • �QF $Q(�ry IMailiruzz Addre Gerard P. Goehringer, Chairman �p`� ��� Southold Town Hall 53095 Main Road- P.O. Box 1179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio,Jr. • 0 Office Location: Michael A. Simon O a� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman COUNN,� 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 MEMO TO: Planning Board S r p 1 7 2008 FROM: Gerard P. Goehringer, ZBA Chairman DATE: September 17, 2008 SUBJECT: Request for Comments ZBA #6227 — SCAROLA, Frank As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of Building Department's Notice of Disapproval, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED Frank 121-3-6 6227 9/10/08 280-13A&B 9/16/08 North Fork SCAROLA 7/24/08 280-14 Design 7/17/08 Collaborative Your comments are appreciated by October 12, 2008. Thank you. Encls. FORM NO. 3 ✓ C( � NOTICE OF DISAPPROVAL DATE: July 17, 2008 AMENDED: July 24, 2008 AMENDED: September 10, 2008 TO: William Gorman (Scarola) PO Box 1447 Mattituck, NY 11952 Please take notice that your application dated July 10, 2008 For an amendment to building permit #33123Z (originally issued for conversion of an existing barn to a single family dwelling) creating a tow-family dwelling and the conversion of two accessory buildings for use as "wine storage" at Location of property 4850 Sound Avenue, Mattituck, NY County Tax Map No. 1000 - Section 121 Block 3 Lot 6 Is returned herewith and disapproved on the following grounds: The amendment, converting an `under-construction" single family dwelling to a two-family dwelling, on this conforming 2.217 acre lot in the AC District, is not permitted pursuant to Article III Section 280-13B., "Uses permitted by pecial exception by the Board of Appeals." (1) "Two-family dwellings not to exceed one such dwelling on each lot." In addition the proposed use is not permitted pursuant to Article III Section 280-14 which states "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80 R-120 R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Bulk schedule requires 160,000 square feet of lot size for a two-family dwelling. The lot size is 96,572. Also, the proposed wine storage in two existing accessory buildings is not permitted pursuant to Article III, Section 280-13A., "Permitted Uses." "Wine storage" is not a permitted accessory use. This Notice of Disapproval is based on amended plans dated 11/29/06, by James Deerkoski, PE, and to add the need for a variance for lot size and was amended on September 10, 2008, to address the use of the accessory buildings. APPLICATIO*O THE SOUTHOLD TOWN BOA*OF APPEALS For Office Use Only �1 Fee: $ Filed By: Date Assigned/Assignment No. �f Office Notes: Parcel House No.��Street SCM)b 7'tl Hamlet MATT(TOCK SCTM 1000 Section (Zt Block 3 Lot(s) Ce Lot Size A"—" 2-L7 Zone AC- I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: -XO t_4 L_? Is 2-6>0 c Applicant/ wner(s): � K RB Mailing Address: ?L9 -t-3& /J f [ [ s Z— Telephone: CG 3 (6 NOTE: In addition to the above please complete below if application is signed b} applicant's attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents: Authorized Representative: -8tw &;06AtA-Aj for(V<0wner,or ( ) Other: Address:--? a K LAIe 7 {A, A. --CT 1,-�-`rC , �/ 5�2-- Telephone:Telephone: (cIL36 4'$S - (� Please check box to specify who u wish correspondence to be mailed to, from the above names: ❑Applicant/Owner(s) Authorized Representative ❑Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 3t11-- 8` 208 FOR: � 'BBuilding Permit D Certificate of Occupancy ❑Pre-Certificate of Occupancy D Change of Use D Permit for As-Built Construction DOther: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article r Section 280- Subsection Type ofeal. An Appeal is made for: XA V ariancee to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. O Interpretation of the Town Code,Article Section D Reversal or Other Ar'or a eal Vf as has not been made with respect to this property UNDER Appeal No. D�Year l ( . (Please be sure to research before completing this question or call our office to assist),ou.). C (p-L [p(o3 41 023 1g10 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: SCA-r—eL.A, Date Prepared: 4d) I. For Demolition of Existing Building Areas Please describe areas being removed: /3 ' II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to to ge): Is basement or lowest fl ea being constructed? If yes,please provide height (above ground) measure natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary)- Please describe building areas: Number of Floors and Characteristics BEFORE Alterations�4��-zC.C)i--Mbk �y { Number of Floors and Changes WITH Alterations: CJ�V`tQc�� �C3�—�7� �/ � t�2s_�1✓��S IV. Calculations of building areas and lot coverage(from surveyor): _ Existing square footage of buildings on your property: t-7,3&Z StQ• F— ( . Proposed increase of building coverage: Q�«�JV GAip_e I5E� Square footage of your lot: (p Percentage of coverage of your lot bye building area: V. Purpose of New Construction: b 3 A}1-'7, ) 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): S 1._o E Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 1 1 i j 7 rized Si ature CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. SOUTHOLD TOWN BOARD OF APPEALS Plione(631)765-1809 Fax(631)765-9064 APPLICATION FOR SPECIAL EXCEPTION Application No. Date Files: I(WE)hereby apply to the ZONING BOARD OF APPEALS, Southold,New York for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE , SECTION 2 g) SUBSECTION f � �qnn Owner(s)(as applicant): N K Mailing Address: Q tVOX (,III Z Telephone: (pl j( �4S �-(41 NOTE: Ifis not the owner,state if applicant is owner's attorney, agent,architect,builder, contract vendee,etc. II . ' Authorized Re resentative: ()1 14,1*1M 609—WA-4) Address: O to (4,1-7 . 44A- (tZJGtr l SZ Telephone: f For the below-described property for the following uses and purposes(and as shown on the attached plan drawn to scale): (attach separate sheets if needed) A. Statement of Ownership and Interest: SC 440LA is(are) the owner s)of pro erty known and referred to as ( ,(J �(YSZ (House No., Street,Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section ['2-4 _ Block_3 , Lot(s) which is not(is)on a subdivision Map(Filed "Map of "Filed Map No. and has been approved by the Southold Town Panning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner onSAc��, B. The applicant alleges that the approval of this exception would be in harnWhy with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is the subject of this application is zoned and [ ] is consistent with the use(s)described in the Certificate of Occupancy(copy attached). [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): /J 0 G/O [ ] is vacant land. COUNTY OF SUFFOLK) ss.: STATE OF NEW YORK) (S gnature) Sworn to before me this I ``day of S +,�.�(,�, 20 u g (Not - �ublic) John N,. ZBA2(rev. 2/06) NOTP.I ". State of New York No. c (Qi,;i !!;County C�� . •__•. „ LApires May 29,20a Name of owners: Frank Scarol. • Appeal No, REASONS FOR APPEAL(additional sheets may be used with applicant's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: For the past 20 years,the property was used as a high-volume,commercial rental yard with as many as 12 tenants at any given time. In addition,there were multiple violations against the buildings for years.As a result of the new ownership,all of the violations have been addressed and eliminated,the level of traffic in and out of the property has been dramatically reduced to the certain pleasure of the neighbors(the anticipated future traffic will also be a fraction of past levels)and the current renovations have already substantially improved the appearance of the property and, necessarily,the character of the neighborhood. (2) The benefit sought by the applicant CANNOT be achieved by some other method feasible for the applicant to pursue,other than an area variance,because: The 2.2 acre parcel is undersized for the proposed two-family dwelling. (3) The amount of relief requested is not substantial because: All of the buildings existed prior to 1968 and,for decades,the property has been used a high-volume potato storage/grading facility or heavy equipment yard with multiple tenants. The 2.217 acre parcel is not large enough to farm,and the 3 other large buildings have no natural function for a single family dwelling.The relief requested is not substantial in light of the history,the location,and the existing structures on the property. We feel our proposed two-family dwelling(with proposed wine storage in two of the other buildings)is a suitable use when considering all past and present factors. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The continued improvement of the property and buildings will have a positive effect on the physical and environmental conditions. (5) Has the alleged difficulty been self-created? ( )Yes,or (X)No. Does this variance involve as-built construction or activity? ( )Yes,or (X)No. This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this box( ) IFA USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THEA TTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) S' e o Ap el an (Agent must submit written Authorization from(honer) Sworn to before me this 1-5"- Day -"- Day of -1W. 20�. Nry Public 6All A.UHUSIU Notary Public,State of New Yak Qu~ift 70 Name of Owners: Frank Scarola • Appeal No, ADDITIONAL SPECIAL EXCEPTION, VARIANCE AND USE INTERPRETATION REASONS. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: The story of this particular parcel is one of unrealized plans,punctuated by decades of violations and code infractions,and peppered by the illegal occupancy of dozens of tenants over the course of many years. General neglect and disrepair has been the theme;the conclusion looked bleak and unsatisfactory. Mr. Scarola,the new owner,has his own wine label and he intends to plant grape vines on the western portion of the property(approx.'/4 of an acre). In addition to creating an agricultural flavor with the new vines, he has been--and will continue-- improving the property through renovation, repair and landscaping. This can only improve the character of the property and neighborhood and create a desirable effect for the community. (2) The benefit sought by the applicant CANNOT be achieved by some other method feasible for the applicant to pursue, other than an Area Variance w/a Special Exception and Use Interpretation because: There are 4 buildings totaling 17,362 square feet on this 2.2 acre parcel. Our proposed Two Family Dwelling totals 7,212 square feet—quite large for a single family dwelling—and that leaves 10,150 square feet in the remaining 3 accessory buildings. 10,150 square feet is an unnecessary amount of personal storage space for either a single family or two family dwelling. Who needs 10,150 square feet of personal storage space? In 1965 and 1967, Special Exceptions were granted to build these additional storage buildings(Buildings#2 and#3). Back then,the original stated purpose in the granting of the Special Exceptions were for a`Grading Station and the Storage of Potatoes.' It is our feeling that we are returning to the very roots of the buildings' purpose for construction and,therefore, satisfying the original intent with our proposed use as commercial wine storage. Without the Special Exceptions granted in the 1960's,these buildings would be non-existent and some other story would be attached to this property. But,as it stands,these buildings exist in all of their glory—structures without a purpose--10,150 square feet of idleness and wasted potential. (3) The amount of relief requested is not substantial because: Due to sub-division events in,the past,the 2.217 acre lot is not large enough to farm. These 4 large buildings have no natural function other than storage of agricultural products which the diminutive property can never hope to produce. Aside from demolishing the buildings which would be is an unnecessary waste of resources,the proposed two-family dwelling with commercial wine storage is a practical solution to a parcel with a very checkered past. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The continued improvement of the property and buildings will have a positive effect on the neighborhood,environment and district. Our proposed use will create a low-key,agricultural support facility with minimal commercial traffic in or out,and an idyllic,pastoral view of grape vines planted on a rolling hill. (5) Has the alleged difficulty been self-created? ( )Yes,or (X)No. Does this variance/special exception/use interpretation involve as-built construction or activity? (X)Yes,or ( )No. 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 to before me this I Day of.5 1,1 c beti 20 0 tary Public Signaliirof pellant John M.Judge (Agent must submit w en Authorization from Owner) NOTARY PUBLIC, State of New York No. 01JU6059400 Qualified In Suffolk County Commission Expires May 29,20_4 • North Fork Permie Permit Expediters To: Town of Southold Zoning Board of Appeals Town Hall Annex Southold,NY 11971 From: North Fork Permits William Gorman PO Box 1447 Mattituck,NY 11952 Date: September 10,2008 Re: Frank Scarola SCTM# 1000-121-3-6 Area Variance/Use Interpretation To whom it may concern. Frank Scarola purchased 4850 Sound Avenue in March of 2006. There are 4 buildings totaling 17,362 square feet on a parcel totaling 2.2 acres. Renovations on the permitted single family dwelling (Building#l)began in October of 2007. In June of 2008, Mr. Scarola obtained a Federal Permit for commercial wine storage on Buildings#2 and #3. We are seeking an area variance and a Special Exception to convert the`under construction' single family dwelling to a two-family dwelling. In addition,we are requesting an interpretation of the Permitted Uses in an A/C Zone for existing buildings#2 and #3. If the interpretation does not provide for our proposed use as commercial wine storage,then we are seeking a Use Variance for the same. It should be noted that,in 1965 and 1967,construction of buildings#2 and 43 was granted under a Special Exception with the stated purpose of potato storage. We feel our proposed use--commercial wine storage--is in keeping with the original use as granted in 1965 and 1967. Mr. Scarola is searching for an incentive to continue the improvement of the remaining buildings and, when considering the use of the property for the past 40 years,we feel a return to the original intention would be a vast improvement. Pursuant to Article III,Section 280-14,we are requesting 1)an area variance for the conversion of an"under-construction"single family dwelling to a two-family dwelling and, 2)Pursuant to Article I1I,Section 280-13B a Special Exception for a two-family dwelling and 3)An Interpretation of the Permitted Uses in an AC Zone or,if need be,a Use Variance for two of the existing structures. Thank you for consideration, Willia G an, North Fork Permits Authorized Representative for Frank Scarola P.O. Box 1447, Mattituck, New York 11952 631-445-1461 06 25 96 00-26-96 00-27.96 II-2296 06-19-97 SEE SEC.NO.113 PECONIC LAND TRUST 10-07-9 I I 17.97 Niel+ao w MATCH �_ LINE 212 MAT( 2 t• 115.99 s' p i"° ` 3 4.6 02-23-0 06'01.0 a g' 10 01-00 1,11 00-01-01 ° 5.2A 09-1901 FOR PCL.NO. 05-30-Oi SEE SEC.NO. aA *:.-. 06-21-0 120-05-001 y° 1.10 ° 01-2301 I'.I „ v-P• 5.OA 01.00.0 5.16-0 i 06-29.0 s° 1.9 6-0507 = 5.3A ,s, O xa 45 4.3 9-2107 1.6 . S.OA nrxrx w zwnNan '? '•, •� oevCEorucxr arernsr " 4.2 PECONIC LAND TRUST 1.7 2.oA P 13.4A E A Pc 3.3 3.4 7.2 1 \5 \ ° 5.GA T.SAICI 1.4Alcl LOA21. + ��• y = 1.4 2 1.BA AVE. s 1.OA m rTr war.wlAthl mJ =est 250A1H0 ° 5.4 M `\ •G 26.1lA 1.2 •4 „ 6 \ u° W3° 2.lAlc) 's 9.6A �O; /�/I - _K`"/1 I /O� )off%- 3 RG 2 P a r \ 10.2 A 1.4 \ 11.3A ACOUNTY OF SUFFOLK � 3 S• es i 1.9AA. �I g TOWN Of SOUTHOLD 12.3 - 14.3 ,OPOr SPACEr I' 1.3A crunAL ORdwdcE dnEAr """2 I y COUNTY OF SUFFOLK Ng �I 14.1 49.2A 7.\ 2° 2.4.4 A IOPEN sRAEEr \1 - TOWN / ruxn FOP PCL.N0. •/ SEE SEC.NO. - 125-01-001 g - MATCH LINE MATCH SEE SEC.NO.125 L Groparfy NI I,ne d,.ialon lo,w. „ ax IMIf n°o101alrkt Roe --1r:N trmr Glsf.kt floe --n-- UNLESS w DRAWN OTHERWISE, ALL PROPERTIES E p mree co mx -- _ - n BI ArB eO vu. (211 --l- DISTRICTS: °a --H_I _ FIPE I THIJ01 HrOPANi , I I 12-97 N 201900 ° e , 1.7�� 09 26 9 , 2.5 6 ' 01-299 2.4 1. Y 0107 99 2.OA 06 26 9 rrwrx o�swrn9rn •x x .-5.2 R 10-01-99 OEVELOPNCNT -TS' X 1220.99 �. S- A 01-01-01 O IuOPTx PO.yO " =15 03-I5-01 •$ 'y 4 06-22.01 2.3 AVE. " " all 16 12 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION Y A. Is the subject�emises listed on the real estate market for sale? 0 Yes WNo B. Arer ere any proposals to change or alter land contours? 90 0 Yes,please explain on attached sheet. C. 1)Are there areas that contain sand or wetland grasses? 0 2)Are these areas shown on the map submitted with this application? 3)Is the property bulkheaded between the wetlands area and the upland building area? 4)If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? tjo E. Are there any patios, concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? '`Q (Please show area of these structures on a diagram if any exist. Or state "none"on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? FS If yes,please submit a copy of your building permit and map as approved by the Building Department and describe: f iw-ut.�1 •tDt Ct G. Do you or any co-owner also own other land close to this parcel? A�0 If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel "+ k C®wVS�GJGA:) and proposed use (examples: existing: single farm , proposed: same with garage or pool,or other description.) or S e a d ate 2/05; 1107 PROJECT I.D. NUMBER ` SEQR 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—Project Information (To be complete by Applicant or Project sponsor) 1.Applicant/Sponsor 2. Project Name ()l I—Lt h(M 60ft44L+AJ t�t�"� rM n-0Jb4- �Ga41��1--ft 3.Project location: Municipality County County -gss-o sm'% ' rJ Sv :y, 4.Precise location(Street address and road intersections,prominent landmarks,etc.or provide map) Kc az.c�u� 5.Is proposed action: ( )NEW ( ) EXPANSION ( MODIFICATION/ALTERATION 6.Describe project briefly: 7.Amount of land affected: Initially: •Z1Z acres: Ultimately: Z•2 acres 8.Will proposed action comply with existing or other existing land use restrictions:( YES ( )NO If No,describe briefly: 9.What is present land use in vicinity of project: (describe): ( )Residential ( )Industrial ( Commercial ( gricultural ( )Park/Forest/Open Space ( )Other 10.Does action involve a permit approval or funding,now or ultimately from any other Governmental agency,(Federal, State or Local)? ( )YES ( O If Yes,list agency(s)and permit/approvals: 11. Does any aspect of the action have a currently valid permit or approval? ( ES ( )NO If Yes, list agency(s)and permit/approvals: -Pc` F-yAxt- -#f- 33 L2-3 Z (SW&IX Fir ANIL-4 12.As a result of proposed action,will existing permit/approval require modification? ( YES ( )NO If Yes, list agency(s)and permit/approvals: Z00 CY7 V I certify that the infonnation provided above is true to the best of my knowledge Applicant!Sponsor Name: Date: 00 5 Signa;in�inhe : If the as I Ar a, and you are astate agency, complete the Coastal Assessment Form before proceeding with this assessment TRANSACTIONAL DISCLOSURE FO APPLICE TO OWNER, CONTRACT VENDER AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officer 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. as name, first name, middle initial unless ir other entity, such as a company, If so, indicate he other ppersono or name,) e name of meone else or NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"Other"name the activity: 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 includin a artnershrp, in which the Town officer or employee has even a partial o«mership of or em to ment b a co oration in which the Town officer or em to ee ohms rnore than S% of the shares --- - —-- - YES Ifyou 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 that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship 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 than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director,partner, or employee of the applicant: or _ D) the actual applicant. DESCRIPTION OF RELATIONSHIP ------------ Submitted thisday Signature: Print Name: ' PR$ ACTION OF THE ZONING BOARD OF APPEALS DATE , Appeal No. Dated ACTION.OF THE ZONING BOARD OF APPEAIB OF THE TOWN OF SOUTHOLD TO Appellant Ave"* at a meeth,g of the Zoning Board of Appeals on""Ws , s '1.90 the appeal was considered and the action indicated below was taken on your i 1 Request for variance due to lack of seem to property ( 'Request for a special exception under the Zoning Ordinance t ) Request for a variance to the Zoning Ordinance E ) I. SPECIAL E%GEPTiON. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied gnrsuant to ArticleSection ----._..___ Subsection ___ paragraph of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be, confirmed because i1 of a oft-bon. DAA An tU X. SeaUft 103, $t ftJA p (o). to a ttrdoaRatm tit t by n ag a> intimal" bud 3din . tt oa'of W 404fA its-do , ftf4*.t V*' MW Yarn. d Wtft.by N" f �. + b' mel . "Ift %I 1�#�, b t M 2. VARIANCE.By reeohMoa of the Board it was determined that (a) Strict application of the Ordinance (would)(wouid not) produce practical difficulties or unmet essary hardship because (b) The hard4iip created (is) (is not) unique.and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (c) The vara nce (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district became and therefore, it was further determined gist the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. an msv=sz ZONING BOARD OF APPEALS FORM ZB4 Barbeft C. bit , t" Aftow oaa apo 3opootim tbe SOM4 tuwm t 04 boolso"t wit to t"Not s goft ftoo"* boil *Mjtjoma stagaga.40 Uss alt" :ftU4U* $0 to b.*.s,&vW toot t"3 byeWA-kW4 t (&W*)- oto mammars, VMS a4 4"tom ism bwa4w b a tt . A bt to bo t +tlfpt e twaminee tit ad"tuma ttul dbows the a m"a tai the chest or 40wooeat is bo auto ftthat Mast oe be d w$U be jocAtod bsloo abet the ;p oblim omm.st" and wales Justus low be S*nmd 404 tus Ugany testa :#ab fm 4""Icto "a tt4t t r or a tett *Wft of ► t afte w3U be obs ti Q . to e * :,Nw +► stump bwwLukv Go tY 11to�si` tt , lfetttktswt, SIO U- to the proposed boll 3 be at x0lot 20 ikoet1'oath dt a I *&%Oddt OY OxteS4bW tis 00*tb*SlY of the buil t. WOW 09, the lov" trow On the tt suft 09 the b 4uw) • MW pWpomad b UM" AALU be at 3eaet a tm owto4y 3 * 3. UO ptopo"d bulwas Iftoal be at Wit: So Seet. ftom 4o UW POWW" b*314&ft RIM" be at 1008t meet f2m tiho Westerly prgpww line. ,S, fte WUdU g *MIX bo at lit 20 feet b+pbl" tete eas b"U414414 ewe 611 A WN OF SOL)YHOLD, NEW YORK ^ ... - ACTION OF THE ZONING BOARD OF APPEALS DATEA&Vft.2* jj *j art Appeai No..,,10" Dated rabsomy_..Go ALZTON OF THE ZONING BOARD OF ")EMMA OF THE TOWN OF SOUTHOLD To � ftub y aft mot. Appellant at a meeting of the Zoning Board of Appeals one '�, the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to la& of access to property Request for a special exception under the.Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance 1. SPECtAL EXCEPTION. By resolution of the Board it was determined that a special Mception ( ) be granted ( ) be denied pursuant to Article ................Section Subsection paragraph .•.•...••....... of the Zoning Ordinance, and the decision of the Building Inspectr ( ) be reversed E S be confirmed because 1�!tr 0*i;)sr 1 r� Of s�w4�'r ife�+RN+a��ii � y P4�Fsisgww�. JWtAOU X, ty r +1 # bawAod auto by SOM4 Air 2. VARSANCE.By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because (b) The hardship created (is) (is not) unique and (would)-(would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (c) The variance (does) (does not) observe the spirit of the Ordinance and(would) (would not)change the character of the district because MUM and therefore, it was further determined that the requested variance ( j be granted ( ) be denied and that the Previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONENG BOARD OF APPEALS PORM ZB4 atc baa tuft tut o 4-l —&t ► 0" ,iju 10 sod .*W patow $baa:. A bg so eu)ww am 360 lam. to *=%hot1Y Vallol"Ity %%$Aws at�t :sot t� aorcfoks We of tis* poopoto solo vabOO& 1b*+r t+� �k ► VOUA c"Oft# s :aM i soa+ ► o 404 the upwault oo ,hoc tiQa�rINlt of irtboeood $1905,0 S e at wA tbo spirit of the bre w1U, b* off. he ►'�' • � hwa1�. M+►t�ti. . 1Wor Vic. ► MWO to s "m as p+N►�t #firix bio,t o *Pau*. ilk. am vmk. I t . ACTION Of THF ZONING BOARD OF APPEALS DATE December_.19, 1963 Appeal No. 623 Dated December 5, 1963 ACTION OF THE ZONING BOARD OF APPEALS OF TI-JE TOWN OF SOUTHOLD Harold Feinberg, d/b/a Southampton Produce Distributors To Sound Avenue Appellant Hattituck, New York at a meeting of the Zoning Board ,of Appeals on Thursday, December 19, 1963 the appeal was considered and the .action indicated below was t2ken nn your f Request for variance due to lack of access to property i Request for a special exception under the Zoning Csdinance i , 12 quest for a variance to the Zoning Ordinance 1 1 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted (V be denied pursuant to Article ..........X.............. Section _....IQSU Subsection _..........._............ paragraph _.................. of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( )Q be confirmed because ; By investigation and public hearing the Hoard determined the following facts pertinent to the decisions The applicant proposes to construct a 24 ft. by 80 ft. concrete block structure at the rear of a parcel of approximately 2 acres, in accordance with the minimum standards of the County Board of Health, for the purpose of housing an 18 to 20 man grading crew, 6 to 8 months of the year for use in grading potatoes grown by local farmers. The construction of a new commercial migrant labor camp at this _site would constitute.approval of a permissive use in an area where the Y. VARTANCE. By resolution of the Board it was dot—ermined that (OVER) (a) Strict application of the Ordinance (would)(would not) produce practical difficulties or unnec- essary hardship because fp) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS FORM ZB4 Judith T. Boken, Secretary I i (Continued from front) ,soard of Appeals denied a similar application on March 12, 1955 and would interfere with thenormal development of the surrounding residential use district as well as constituting a deteriorating influence affecting nearby property values. The area directly and indirectly affected adversely by this use far exceeds the boundaries of tht applic is property and might reasonably be expected to jeopardise the welfare and safety of children attending summer camps at nearby Laurel Lake, immediate neighbors and long established summer colonies in adjacent areas. Supervision of the camp itself would rest largely to the crew leader during working hours. Neither Mr. Terry, the foreseer, nor Mr. Feinberg, owner, lives nearby. Mr. Feinberg in fact lives in the Tcmrn of Bouthampton. Tire indicated proposed control or supervision is inadequate in out opinion. This is particularly true in situations imblob arise daring extended periods of several days or more when these is no work due to variables of weather and complicated marketing conditions. considerable discussion by objectants at the b"ting concerned the disposal of refuse and trash ON the land of neighbors, and several neighbors felt that such a camp presented a threat to their personal safety. S ase of the discussion concerned the general problem of location of migrant labor ramps. it was revealed that the present crew at this grading station lives in several locations including Riverhead and Calverton, a considerable distances also that the Board of Health Alas closed the Cutchogue migrant labor camp which cosmerly famished ease labor to surrounding areas. The Board of Appeals can suggest but it is not obliged to supply solutions to problems of this nature. to* suggestion is that the area occupied by the former Cutchogue labor camp be investigated as a possible location. In finding against the application we are agreed that one of the requisite conditions for granting an application for a special exception must be answered affirmatively: an unusual hardship does not exist. There appeases to be no suitable nearby location for a eamsrsscial labor carp serving the potato grading needs of some of the nearby potato growers. However, the other condition, concerning not changing the character of the neighborhood, requisite to granting a special exception must be answered negatively. The Board finds that such a camp would meds the nors►al projected use of the surrounding residential area and its projected development, that such a camp would affect the safety and w k" of residents and occupants of nearby children's carps, and that the character of the neighborhood would substantially change in ways unfavorable to the ica g range derrelopment of the Town of Southold. Therefore it was RESOLVED that Harold Feinberg, d/b/a Southampton Produce Distributors, be denied permission to erect a non-farm labor camp at the south side Sound .venue, Mattitucc, New York. s : s 700 P.M. (E.S.T. ), upon application of Harold Feinberg, d/b/a Southampton Produce Distributors, sound Avenue, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance. .article X, section 1003a, for permission to erect a Don-farm labor cup at the south side Sound Avenue, Mattituck, New York, bounded north by sound Avenue, east by v4lliam M*elbach, south by William Cnkelbaeh, and west by land of Prins. � w s i © I O i 1 41 \ N N tit •- N , 6 I vv a E I I Ml A Aa C F ,L,.gt4D : s,v oc vE:YE'a Fob -HAA OLD �T _..---i MA T'T J TVG'K car mon"p"ont Vic► w. Van 71, f L/c t�a.scd L�tn of G'r�anfaarl`� h/. Y. 'ems./ � o� ZQ2 _ _ 3 _ TOWN OF SOUTHOLD, PROPERT f RECORD CARD OWNER STREET L4 VILLAGE DIST. SUB. LOT k .1i lbohe)ti vy) P ER4 tt V {ER`f$ � Und r rACR. s w , . r,✓' {�� ��ih i (�raWer' 5 W TYPE OF BUILDING ZZ IG 2S. SEAS. VL. FARMCOMM. B. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS ° tin 01? - . �� !' s - 3 00pA� 9 3 z 6 AGE BUILDING CONDITION B " 2E-4 -in IZnitcin ( 1 fi=r?iw= H NEW NORMAL BELOW ABOVE FARM Acre Value Per Value 3351rJz>a Acre tillable 1 ►� —Lj v i V ArMCG Fi IW 2 62 03 (3 PVices f3 P a Sao dat3�6 -illable 3 v2 /-1 Z Ir ace; pP a?q I cii.cdvo�S�f-0. Yoodland a &p#6 agq,vt [ bkceS `8 3 2 deq • FRONTAGON WATER swamplaE nd - U Ll - 5V /fit 4�G 1rushland FRONTAGE ON ROAD �•- ? j'a �'�- �� louse Plot DEPTH BULKHEAD (��$ Q� �P 33123 CQm! S tUA'e, o Si k, d4 dWel h otal - DOCK ,Wow • ■■■i 1■NEOL Ltii�il!�■■■■ !■■■■�l■■■ 01 1121II« IFF■■■■EM■■■■GNMEN ■ ■■■SII■��i ■■■■�Iil�■■■ ■■■■r� ■ ONES 11r■■■■■iii■■■i■■■■� ■ ■■■=Ilii ■tuww�.�wiie� ■iid■■i ■ ■■■RI■NINEENOM■■■ ■M. ■NNNEE ■ 11001'10 i L■■■■■■■W,!IN■ ■M'1L1■■■ ► I■■Wh!!N■■■■■■■■INUM ■■■aus ■ SCTtvl # _ JGCD.-GAJ -3_(, TOWN OF SOU ll,LD PROPERTY RECORD CARD OWNER STREET 48S7) VILLAGE DIST. SUB. LOT Sho- ruc k ACR. a 1 REMARKS �t a -*-33w/ re Imes TYPE OF BLD. 4 o BP�33 Z r yes a s PROP. CLASS �Fralnk,-+ 1��►� a M • jcaro LAND IMP. TOTAL DATE low lwo 300 1, FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL `