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HomeMy WebLinkAbout6791 Vic. a F3aj mad AP,7- V111 SIFc aFo-3? 06 C' 6-4 . . ........ . .__......... .................. /s *11 ain Rd . & E/s Depot La . #3322 �a PI Lizewski , Joseph l« 3322- _Specia.l ex.cepti.on hea.ri_ng to. c_on_vene -co.n- cerning establishment of racquetball / private membership . `' " aP, 5/stns' __ _- 3350 Variance to construct building for private' membership with an insufficient setback V//,/�from the easterly property 1 i ne . - �s-41, ". fl 7-YAC} DEP 'r ENTERPRISES, INC. 29205 Main Rd. 102-02-12.1 Cutchogue, NY #4157 PH 3/18/93 - Request for permit to locate volleyball courts with outdoor 1 i ghti ng. L74 - -7`/,/f 3 man,�y -t�,e r<f�,e�. ,✓.S�rev �j.� •✓r ca �--t-- �'-�. S7BACK dcc��'�a�✓./ �TuS r//�,t!'j ......... ... ..__......... yu r o �- a� , ,�� . � �� �_ ,�„ti, f�, `��,•�...,.�i�+ 11..1. � _ BOARD MEMBERSSOF SOSouthold Town Hall (/r�, Leslie Kanes Weisman,Chairperson �0� O1 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning 'p a�� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �'YOWN,N� Southold,NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS Q,vt d pyrL q: TOWN OF SOUTHOLD N , ,4 Tel.(631)765-1809-Fax(631)765-9064 arS 9iuth4019 n Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 6,2014 ZBA FILE: 6791 Interpretation NAME OF APPLICANT: Depot Enterprises SCTM: 1000-102-2-12.6 PROPERTY LOCATION: 29325 Main Road(Depot Lane)Cutchogue,NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject property consists of a conforming 69,066 square foot parcel located in a Residential Office district. The parcel is an oddly shaped parcel with 139.39 feet bordering the Main Road. The parcel then runs 199.77 feet West and then turns 66.70 feet South. The parcel then runs 173.13 feet along Depot Lane. The parcel runs 221.30 feet on the West Side and 347.97 feet on the North side. The parcel is improved with a one and two-story frame building, a frame barn, a frame shed, and a wood frame structure. All is shown on a survey prepared by Nathan Taft Corwin III L.L.S. dated June 1, 2004. BASIS OF APPLICATION: This is a request under Section 280-146D for an Interpretation of the Town Code, Article VIII, Section 280-38, "Permitted uses", appealing the Building Inspector's July 28, 2014 Notice of Disapproval for"as built"permit to convert the single family portion of an existing non-conforming fitness club building to a retail flower shop(not a permitted use). RELIEF REQUESTED: The applicant requests an interpretation of the code to permit the existing operation of "Blooms by Design"at its current location,where retail business are not permitted. BACKGROUND INFORMATION: The building on the subject site currently houses fitness clubs, professional offices, an apartment and the subject business Blooms by Design. Prior ZBA variances and Special Exception approvals have been granted to operate various businesses on the subject property, including a day care center. ADDITIONAL INFORMATION: The Zoning Board requested comments from the Planning Board on this application. In a memo dated September 23, 2014, the Planning Board states, "the last approved site plan for the subject site was a 1985 decision for the construction of a racquetball facility and office in addition to an existing dwelling. The site plan was approved subject to the condition "remove access to NYS Rt. 25. In February 2014, Planning noticed a driveway had been installed out to NYS Rt. 25 which is a site plan violation. This driveway must be removed to be in compliance with the Approved Site Plan." At the Public Hearing, the applicant and her Page 2 of 3—November 6,2014 ZBA#6791—Depot Enterprises SCTM#1000-102-2-12.6 agent submitted documents and related testimony explaining the type of work that takes place on the subject premises,to wit on site production of floral arrangements with subsequent delivery to customers. FINDINGS OF FACT/DETERMINATION: The Zoning Board of Appeals held a public hearing on this application on October 2, 2014,at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Under Town code Chapter Section 280-38(g), Use Regulations, permitted uses are small business offices such as insurance agencies, real estate agencies, computer software services, financial planning securities brokers, and similar small business establishments excluding retail sales of any kind or nature and limited to overall floor space of 3,000 square feet. The subject of this interpretation is a consulting business that contains approximated 1,233 square feet of floor space. 2. Section 280-38 B(5) further permits custom workshops, provided that they shall not be all or part of a commercial center. The existing building is mixed use and has site plan approval. 3. The type of business subject to this interpretation does not have a store front. Section 280-38D(3) states that Store fronts of any kind whatsoever shall not be permitted. Site inspection as well as photographs submitted with the application show that the "Blooms by Design" business looks like a residential home when viewed from Main Street. 4. The Town of Southold defines a Retail Store as an enclosed structure where goods are offered for sale to the public as take-out items, including hardware, drugs, food and beverages, furnishings, apparel and similar products. Minor repair services within the establishment may be undertaken as part of product sales. During a typical week the applicant does not have walk in clients and only keeps a small amount of excess flowers in stock. 5. The type of business subject to this interpretation is not a retail business. Blooms by Design is a floral consulting, design and assembly business in which clients enter the office/showroom in order to view samples and order floral arrangements. The floral arrangements are then designed and assembled on the premises and then delivered to the clients where they are installed. The applicant will also deliver small accessory gifts with the floral arrangements. 6. Blooms by Design operates similarly to businesses allowed in a Residential Office district. Much like a real estate brokerage, software services, or securities brokerage, Blooms by Design invites clients to meet at the office in order to sample products, listen to sales ideas, and make orders from the office. 7. The type of business subject to this interpretation may operate as a custom work shop. This use is permitted by code. Products are designed and assembled on site. The products are then packed,and delivered to the clients. 8. The type of sign in front of a business subject to this interpretation is characteristic of the sign found in front of a business which is permitted in a Residential Office district. DETERMINATION: Based on the above Findings of Fact, the Board of Appeals has determined that Blooms by Design does not operate as a retail store/flower shop as defined by the Southold Town Code. Rather it is a floral consulting, design and fabrication business which is consistent with businesses permitted in a Residential Office zone. Page 3 of 3—November 6,2014 ZBA#6791—Depot Enterprises SCTM#1000-102-2-12.6 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Dantes, seconded by Member Goehringer, and duly carried, To APPROVE the DETERMINATION. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Dantes,Goehringer. This Resolution was duly adopted(5-0). /PW4 Leslie Kanes Weisman,C airperson Approved for filing // /gyp /2014 SURVEY OF PROPERTY SITUATED AT FA `�F tiFc� °qO C v TCHO G V E Is, TOWN OF SOUTHOLD SUFFOLK COUNTY , NEVA/ YORK moo, S.C . TAX N0. 1000- 102 -02- 12. 6 S.C . TAX N®. 1000- 102 -02- 12. 7 2G, � PSS° SCALE 1 "=20' PFS \ 62 � ?°�\ ,20JUNE 1 , 2004 N KEY MAP SCALE 1 "=600' �� 1 � °2 1P+ AREA = 69,066 sq. ft. Y Off' S O �> 1 .586 ac. J9 (i°�'�c� CIO G� �D see Qac \ 0,��� P O � 3� G �c c°meq o � DRAIN G 6 P lS tic .. h \ O�� OG DRAIN R OL arc IZ, " 4p3. SlOOp 80 Q `%F,r • h y �F� � c \ Vol", co nn � � 10 \ �R0 RNFWAY .G ASPHALT D DRAIN GONGC 34 J GARB •9 \ GONG. DRAIN7791 6,p�o�pN oLF c R SrpOA a NHOLE COVIV 7 7p 4 � / S MANHOLE COVER �iNO@,qr 67, 44 / 4' 0 4ScF p� V 7S9" J \ jM� DRAIN GFP o� 1510 ANHOLE CO R O �p / '\O, \ / cL�(O1O <oc� 303 y \ \ �� G �� CA Ay NoF 286 0 �P C _J C 9G �__o7MyFy S9 Q °4°. 41�' ��. O c � a h� vP 6SF Q GJ �. ell O M QO�" ,�y 2 J .�O M RECEIVED AUG 1 " 2014 J ZONING BOARD OF APPEALS PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. "CE pF N.Y.S. Lic. No. 50467 Nathan T of t Corwin III UNAUTHORIZED ALTERATION ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE LEDUCATION LAW. Land Surveyor COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. Successor To: Stanley J. Isaksen, Jr. L.S. CERTIFICATIONS INDICATED HEREON SHALL RUN Joseph A. Ingegno L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE Title Surveys — Subdivisions — Site Plans — Construction Layout TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND PHONE (631)727-2090 FOX (631)727-1727 TO THE ASSIGNEES OF THE LENDING INSTI— TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHT OF WAYS 1586 Main Road P.O. Box 16 AND/OR EASEMENTS OF RECORD, IF Jamesport, New York 11947 Jamesport, New York 11947 ANY, NOT SHOWN ARE NOT GUARANTEED. 24-204 CX ----------------- ol C) lo-0 41 CP- LA 00 `A C, ZONING BOARD OF APPEALS MAILING ADDRESS: PLANNING BOARD MEMBERS ��,OF SOUjP.O. Box 1179 DONALD J.WILCENSKI Southold, NY 11971 J \ Chair OFFICE LOCATION: WILLIAM J.CREMERS G Q Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 \ JAMES H.RICH III ��y � ► (cor.Main Rd. &Youngs Ave.) C MARTIN H.SIDOR OUN 1rV i, Southold,NY Al Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, ZBA Chairperson ��aye� Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Ch ai5o Members of the Planning Board BOARD OF APPEALS Date: September 23, 2014 Re: Request for Comments - Depot Enterprises Inc. SCTM#1000-102-2-12.6 ZBA# 6791 The Planning Board received your request for comments regarding the above- referenced application and the request for a use interpretation of a retail use in the Residential Office (RO) Zoning District. We reviewed the Planning Board's record and found that the last Approved Site Plan for the subject site was a 1985 decision for the construction of a racquetball facility and office in addition to an existing dwelling. The Site Plan was approved subject to the condition to "remove access from NYS Rt. 25" as shown on the Site Plan. The access was eliminated and grass planted over it, and it remained that way until earlier this year. In February, 2014, we noticed a driveway had been installed out to NYS Rt. 25. A complaint was filed with the Town Code Enforcement Officer on February 19, 2014 and remains an outstanding Site Plan violation. This driveway must be removed to be in compliance with the Approved Site Plan. We hope this information is helpful to you. Should you have any questions or need additional information, please contact the Planning Department. Thank you. �k R� �� • t;OUNTY OF SUFFOLK RECEIVED A Al a. SEPI 8 2014 Steven Bellone BOARD OF APPEALS SUFFOLK COUNTY EXECUTIVE \� Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment September 10, 2014 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code,the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Walden, Patrick 6790 Depot Enterprises, Inc.* 6791 Adams (Barbara) &Nicholson(Jan) 6792 North Fork Community Theater 6793 Doris L. Willis Trust 6794 *The Suffolk County Planning Commission does not make determinations on interpretation petitions. Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 FORM NO. 3 NOTICE OF DISAPPROVAL RECEIVED DATE: July 28 2014 TO: Charles Cuddy(Depot Enterprises) AUG Y v 2014 PO Box 1547 ZONING BOARD Riverhead, NY 11901 OF APPEALS Please take notice that your application dated July 19, 2014 For an "as built"permit to convert the single family dwelling portion of an existing non-conforming fitness club building to a retail flower shop at Location of property 29325 Main Road, Cutcho ug e, NY O County Tax Map No. 1000- Section 102 Block 2 Lot 12.6 Is returned herewith and disapproved on the following grounds: The proposed change in use is not permitted pursuant to Article VIII Section 280-38 "permitted uses," A retail store is not a permitted use. Please note ' arian a ed site plan approval will be re uired. 4 Aut prized Signature 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. RECEIVED Fee:$ Filed By: Assignment No. AUG 1 v 2014 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS USE VARIANCE ZONING BOARD OF APPEALS House No.29325 Street Main Road Hamlet Cutchogue SCTM 1000 Section 102 Block 2 Lot(s) 12.6 Lot Size 1.586 ac. Zone RO I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED _7/28/14 BASED ON SURVEY/SITE PLAN DATED 6/1/04 Applicant(s)/Owner(s): Depot Enterprises, Inc. Mailing Address: 145 Fleetwood Road, Cutchogue, NY 11935 Telephone: Fax: Email: NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Charles R. CUddv forIM Owner( )Other: Address: PO Box 1547, Riverhead, NY 11901 Telephone: 369-8200 Fax: 369-9080 Email: charles.cuddv@verizon.net Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (-v)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 6/1/04 and DENIED AN APPLICATION DATED 7/16/14 FOR: ( )Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction Other: interpretation for flower shop use Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: VIII Section: 280 Subsection: 38 Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( Interpretation of the Town Code,Article VIII Section 280-38 ( )Reversal or Other A prior appeal(g)has, ( )has not been made at any time with respect to this property, UNDER Appeal No(s). 6170 Year(s). 7/17/os .(Please be sure to research before completing this question or call our off ice for assistance) X63350 Year 5/2/85 663322 Year 5/2 85 662885 Year 12/5/81 REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: The use is consistent with other nearby business uses. 2.The benefit sought by the applicant ANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: A floral designer's shop can only be achieved in the manner undertaken by the applicant. 3.The amount of relief requested is not substantial because: It does not physically alter any building or change any setback 4.The variance Pistrict have an adverse effect or impact on the physical or environmental conditions in the neighborhood orecause: The use is similar to neighboring uses and has minimal impact on the community 5.Has the alleged difficulty been self created? {�Yes,or { } No Why: While it is the owner's choice, it is not a material change in the use of the site. Are there any Covenants or Restrictions concerning this land? { }No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. De Enterprises, Inc. r",40 nu gnatu of Applicat r ut orized Agent ,crit mut submit written Authorization from Owner) Jul C. Hanus, Vice President Sworn to before me this ).8 day of Jt,1 20__LZL__. �f RECEIVED Notary Public AUG 1v 2014 CHARLES R.CUDDY Notary Public, State of New York ZONING BOARD OF APPEALS N0.5872225 Cualified in Suffolk County Q9MMJJ§lon Expires December 31,20� APPLICANT'S PROJECT DESCRIPTION APPLICANT: Depot Enterprise-, Tnc. DATE PREPARED: ju1y 17, 2014 1.For Demolition of Existing Building Areas Please describe areas being removed: N/A RECEIVED Alii 1 2014 II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A Number of Floors and Changes WITH Alterations: IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 8,728 s q.f t. Proposed increase of building coverage: N/A Square footage of your lot: 69,066 sq.f t. Percentage of coverage of your lot by building area: 12.64% V.Purpose of New Construction: N/A VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Flat Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? AUG 1 v 2014 Yes X No B. Are there any proposals to change or alter land contours? ZONING BOARD OF APPEALS X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? No 2.)Are those areas shown on the survey submitted with this application? N/A 3.)Is the property bulk headed between the wetlands area and the upland building area? N/A 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? No Please confirm status of your inquiry or application with the Trustees: N/A and if issued,please attach copies of permit with conditions and approved survey. 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 that are not shown on the survey that you are submitting? N/A Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel?___N_Q If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel multiple use and the proposed use aa,ne wi rh _f1g��hop (ex:existing single family,proposed:same with garage,pool or other) Depo terprises, Inc. By u lit/J Au oriz _ signature and Julie C. Hanus, Vice President RECEIVED AGRICULTURAL DATA STATEMENT AUG I 2014 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Depot Enterprises, Inc. 2. Address of Applicant: 29325')Main Road, Cutchogue, NY 11935 3. Name of Land Owner(if other than Applicant): same as applicant 4. Address of Land Owner: 145 Fleetwood Road, Cutchogue, NY 11935 5. Description of Proposed Project: consulting, designing and marketing flower shop 6. Location of Property:(road and Tax map number) 1000-102-2-12.6; Main Road, Cutchogue 7. Is the parcel within 500 feet of a farm operation? {x} Yes { }No 8. Is this parcel actively farmed? { } Yes {X No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. SCTM#1000-102-06-20.2-Wickham Farmland, LLC-PO Box 928, Cutchogue, NY 11935 2. SCTM#1000-102-06-23.2-Wickham Farmland, LLC-PO Box 928, CutchoQue, NY 11935 3, SCTM#1000-103-11-1.2-Wickham Farmland LLC-PO Box 928, Cutcbogue, NY 11935 4. SCTM#1000-102-01-9.2—Barbara Grattan-427 Ostrander Ave. , Riverhead, NY 11901 5. 6. (Please use the back of this page if there are additional property owners) Depo nterprises, Inc. B I / /� / 141 Si tura f Applicant Date Ju 'e Hanus, Vice President Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B RECEIVED Short Environmental Assessment Form AUG 1 V 20% Instructions for Completing ZONING BOARD OF APPEALS Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Depot Enterprises, Inc. Project Location(describe,and attach a location map): 29325 Main Road, Cutchouge, NY 11935 (SCTM#1000-102-2-12.6) Brief Description of Proposed Action: Consulting, designing flower shop at the existing commercial site Name of Applicant or Sponsor: Telephone: Depot Enterprises, Inc. E-Mail: Address: 145 Fleetwood Rd. City/PO: State: Zip Code: Cutcho ue NY 11935 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: FxT 3.a.Total acreage of the site of the proposed action? 1.586 acres b.Total acreage to be physically disturbed? NTA acres c.Total acreage(project site and any contiguous properties)owned 1.586 or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial 9 Commercial E Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO I YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: X 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES pX.CETVED Page 2 of 4 AUG 1 v 2014'�,-&-7q ( ZONING BOARD OF APPEALS 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/spo o name: Depot Enterprises, Inc. Date: 7/18/14 Signature• U QJ 1-WL I I V Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, /I architectural or aesthetic resources? l 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? RECEIVE AUG I v 2014 Page 3 of 4 ZONING BOARD OF APPEALS No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) RECEIVED k-^ 1 Page 4 of 4 AUG 1 v 2014 ZONING BOARD OF APPEALS AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers Rfdl P of this form is to provide information which can alert the town of possible conflicts of interest ow it to take whatever action is necessary to avoid same. YOUR NAME: Cuddy Charles R. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 18 day of .T,i13�,20 Signature 19 Print Name Charles R. Cudd RECEIVED APPLICANT/OWNER AUG 1 - 2014 TRANSACTIONAL DISCLOSURE FORM ZON�NG BRD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emp ovees.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. YOURNAME: Depot Enterprises, Inc. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day ofnJul ,20 14 Signatu l Print Nam Ju ies C. Hanu Vice President of Depot Enterprises, Inc. • • �� q 1 Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM AUG 1 2014 A. INSTRUCTIONS ZONING BOARD OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 - 102 - 2 —12.6 The Application has been submitted to(check appropriate response): Town Board D Planning Dept. 0 Building Dept. E Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 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: Consulting, designing and marketing flower shop at the existing commercial site • • Location of action: 29325 Main Road, Cutchogue, NY 11935 Site acreage: 1.586 ac. RECEIVED Present land use: recreation center, offices AUG 1 v 2014 Present zoning classification: RO (Residnetial Office) ZONING BOARD OF APPEALS 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: Depot Enterprises, Inc. (b) Mailing address: 145 Fleetwood Rd. Cutchogue, NY 11935 (c) Telephone number:Area Code ( ) (d) Application number, if any: N/A Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No❑ If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No © Not Applicable 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 ❑X Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See . LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 0 Yes 0 No Q Not Applicable ,,%cj? d RWEP'M AUG 1 ' 2014 ZONING BOARD OF APPE.. 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 11 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 0 Yes 0 No R 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. 0 Yes 0 No[] Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. \JEGEIVED ❑ Yes ❑ No 0 Not Applicable AUG 1~ 2014 :70WING g0A Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeD No© Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable RECEIVED AUG 1' Z014 ZOWNG BOARD OF Attach additional sheets if necessary AWSUS Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No❑ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No❑ Not Applicable 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. 0 Yes ❑ No ❑ Not Applicable Created on 512510511:20 AM CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Nlailin Address: TEL: (631)369-8200 P.O. Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net August 18, 2014 Zoning Board of Appeals 9 Southold Town RECEIVED PO Box 1179 Southold,NY 11971 AUG 2 0 2014 Attn: Vicki Toth ZONING BOARD OF APPEALS Re: 29325 Main Road, Cutchogue,NY-Depot Enterprises, Inc SCTM#1000-102-2-12.6 Dear Ms. Toth: In accordance with your request, enclosed please find an Authorization signed by the applicant/owner of the above property. Very truly yours, Charles R. Cuddy REcerVED AUG 2 0 2014 ZONING BOARD OF APPEALS Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I, JUDITH LIZEWSKI , President of DEPOT ENTERPRISES, INC., having an office at 320 Depot Lane, Cutchogue,New York, do hereby authorize CHARLES R. CUDDY to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. Date:August 2014 DEPOT ENTERPRISES,INC. 5�dith Liz ski, esi nt CHARLES R.CUDDY RECEIVED ATTORNEY AT LAW AU.. /2014 445 GRIFFING AVENUE ' c. q RIVERHEAD,NEW YORK ZONING BOARD OF APPEALS Mailin E&ddress: TEL: (631)369-8200 P.O. Box 1547 FAX: (631)369-9080 Riverhead, NY 11901 E-mail: charles.cuddy@verizon.net July 31, 2014 Zoning Board of Appeals Southold Town PO Box 1179 Southold,NY 11971 Re: 29325 Main Road, Cutchogue,NY-Depot Enterprises,Inc SCTM#1000-102-2-12.6 Dear Ms. Toth: We are enclosing, in connection with an application to the Zoning Board of Appeals for interpretation of the flower shop use in the Residential Office District, the following: 1. Application 2. Project description and questionnaire form 3. Certificate of Occupancy 4.Transactional disclosure form 5. Recent photos 6. Survey 7. Agricultural data statement 8. Town Property Card 9. LWRP form 10. Environmental Assessment form 11. Disapproval Notice 12. Check in the sum of$300.00 13. Agent Transactional disclosure form 14. Building diagram Please advise when this matter will appear on the Board's agenda. Very truly yours, UrCharles R. Cuddy APPEALS BOARD MEMBERS® q so Mailing Address: Gerard P.Goehringer,Chairman �p` yOIO Southold Town Hall 53095 Main Road•P.O.Box 1179 Ruth D. Oliva Southold.NY 11971-0959 James Dinizio,Jr. G.c� • Q Office Location: Michael A. Simon O Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman I�CQUw,� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS ORJEEIVED TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 j 0 4 � FINDINGS, DELIBERATIONS. AND DETERMINATION Q. MEETING HELD JULY 17. 2008 Southold Town Clea ZBA APPLICATION#6170 APPLICANT/TENANT: MARITIME DAY SCHOOL CTM PARCEL# 102.2-12.6 PROPERTY LOCATION: 780 Depot Lane(and Main Road), Cutchogue, NY SEQ_RA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Unlisted Action category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated June 24, 2008 states that the application is considered a matter for local determination as there appears to be no significant county- wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is located in the Residential Office Zone District and is improved by an existing office,health club and preexisting residence. BASIS OF APPLICATION: Town Code, Chapter 280(Zoning), Section 280-3811(1). SPECIAL EXCEPTION USE REQUESTED: This is a request for a special exception authorization to utilize an existing office as a Nursery School, on premises that is part of a larger site that also includes a health club and a preexisting residence. The day school will be a private preschool that will offer a theme based comprehensive half-day program for children under the age of five. The portion of the premises to be occupied by the nursery school was last occupied as a dentist's office. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 26, 2008 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, and uporpeOWDof AUG 1 2014 ZONING BOARD OF APPEALS *rvig( Page 2—July 17,2008 ZBA#6170—Maritime Day School CTM 102-2-12.6 the code requirements set forth pursuant to Article XXV Section 280.142 Special Exception Uses, the Board finds and determines the following: REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings: A. The use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The proposed nursery school will occupy a vacant office space on two floors of an existing health club/office building. No new construction is being proposed. The school will enroll twenty-six 2, 3 and 4 year old children and will only operate its program for half a day, thereby providing a needed community service. B The use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. The proposed nursery school is a permitted use in the RO district where this property is situate and also in the adjacent R-80, R-40 and HB districts. C. The safety, health, welfare, comfort, convenience or the order of the town will not be adversely affected by the proposed use and its location. Educational uses are inherently beneficial, and the proposed nursery school will promote rather than detract from the welfare of the community D. The use will be in harmony with and promote the general purposes and intent of this chapter. See `B" and"C above E. The use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale, and overall appearance. The proposed use will occupy existing but currently vacant structures. The size and operation of the school is modest as described in "A" above and the only visible portion of the use will be a small outdoor play area and garden. F. All proposed structures, equipment and material shall be readily accessible for fire and police protection. The owners/applicants are aware of the importance of safety for children and staff as described in the Project Narrative submitted with their application and they are working with the Building Department to ensure compliance with all life safety codes. The applicants propose to have a staff person available outdoors in the parking lot, which is improved with paving, drainage, designated parking spaces and safe ingress and egress, to ensure the safety of all children who are being dropped off or picked up from the nursery school. RESOLUTION OF THE BOARD: In considering all of the above factors, motion was offered by Member Weisman,seconded by Member Dinizio, and duly carried to RKENE)�e'7 AUG 1 2014 ZONING BOARD OF APPEALS Page 3—July 17.2008 ZBA#6170—Maritime Day School CTM 102-2-12.6 GRANT the Special Exception permit as applied for SUBJECT TO THE FOLLOWING CONDITION: For the safety of the children who will attend the proposed nursery school the ownerstnWicants shall construct a fence enclosing any outdoor area associated with the operation of said nursery school. Vote of the Board: Ayes: Members Goehringer. airman),O ' 1 •Chairwoman); Dinizio, Weisman, and Simon. This Resolution was,-61y adopted ): t- Gefard P.Goehringer, fOhairm Approved for Filing 7-21-08%P R CEIVBD,+- /0 "0-0 .J�t 008 SOUthotd Town Clerk RECEIVED AUG 1 v 2014 ZONING BOARD OF APPEALS ' ,s•ar � Xiz Rim oov - V 'fig�700M � j' •' a •� •! " °. �` � 3�NYtfif� •'• f.• � � . Xwl 4 a i .• +. v 'v 710 •� .y •°.• � ••' - , a '-�� •• ' 41d .4 Fes` `33wrw " acs f .�.a� . ! ' oe •:•a .S'1•Zrj 't. .. .. q •• L'. •••• Xv .'t '•• f 4. =•T: •ate 0. � a .. .. ab � W `� SuNnomm SR''•5',. .f .},,,,a` w to Al FINAL MAP to - REVIEWED BY Z SEE DECISION 0) DATED__o I, ! ao r °• �M U4 .a• • • RECEIVED •--� • ,•"• 4n 7q a• . AUG 1 ' 2014 KING BOARD GE_AppE-Al•c, Qc FOtkO Southold Town Board of p : ails MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.1.. N.Y. 11971 TELEPH NE(57 765.1808 ACTION OF THE z=1-NG BOARD OF APPEALS Appeal Applicati Da.ed March 26, Dr. Joseph J. LizewscI, D.D.S. [.A pell t(s)l Main Road —1fi53�v" At a Meeting of the Zoning Board of Appeals held on May 2 198E, the above appeal was considered, and the action indicated b6l0Vwas aken on your [ I Request for Variance Due to Lack of Access Pro erty New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoni g Orlinance Article , Section [X1 Request for Variance to the Zoning Ordinance Article III , Section , 100=30.(B)[6] , ' '.�.•. .[ .l .-.Request far-.'. . ... . . . . . . . . , . . . Application •of.'JOSEPH 11ZEWSKI, 29205 Main Road, Cutchogue NY or a Variance to the' Zon ng, r_ 1Aance,_ 'Ar.ticle III, Section 100-30N[ for permission to. con.struct bui7ding for private membership with an Insufficient setback from the easterly property line. Location of Property: North Side of Main Road and East Side. of Depot Lane, Cut chogue, .NY. . •County-Tax.Map.Parcel No. 1000-102- 02-12.1. WHEREAS ublI hearing was held and concluded on-April 11 , 385 concerninC3350,)­ ' ter of .the Application of. JOSEPH 'LIZEWSKI under Appeal Nond •WHEREAS, the board members have personally viewed and are fami ar witht he premises in question as we.11_ as its- surrounding area, and WHEREAS, the board has considered all testimony and docume tat n . entered into the record concerning this application, and WHEREAS, 'there .has been no -opposition entered in the record up until the conclusion of .the public hearing, and WHEREAS, the board made the following findings of fact: 1 . The property in question is. located in a "B-Light Busi ess` Zoning District pursuant to a change of zone granted by the Sou hol Tow Board March 9, 1982. 2. The property in question fronts alon the north side of th Main Road (State Route 250 147.39 .(and. I16,:37.I feet and is also sitt to With frontage-along the east' side of ,Depot Lane 173..13 feet .(an 23 7 feet), and is shown to contain an area pf approximately 1.5 acr s a approximately 20,000± sq. ft. including the. one-family dwelling and lot at the corner of Depot Lane and Main Road, also _owned .by th,. applicant. 3. The subject premises is improved as shown on the site 0an dated April 6, =1984, .for one-family. residence and professional ffT `,}!"�-7 RECEIVED '(CONTINUED.'ON '.PAGE 'TWO) DATED. ' May. .17,. 1985, CHAIRMAN, SOUTHOLD TOWN ZONING BO AUG 1 v 2014 OF APPEALS Form ZB4 (rev.. 1*2/81) i� ZONING BOARD OF APPEALS Page 2 - Appeal No. 3350 Matter of JOSEPH LIZEWSKI Deci.si.on Ren ere ay uses. 4. By this application, applicant proposes to construct a 44' by 66' recreation building addition for a private racquetball membership club with a setback at its closest point from the east side line at 32 feet, which is 8 feet closer than the estab- lished sideyard setback of the existing principal structure. S. Article III, Section 100-30(8)[63 permits annual membership clubs catering exclusively to members and their guests subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street, line nor within fifty (50) feet of any lot. line ... _. _ 6. It is the opinion of .the board that the easterly sideyard has been established at 40 feet and the setback as proposed at 32 feet could be allowed for this addition if the special exception use for a racquetball club were not required by Section 100-30(B).[63, that the relief requested is minimal and is, in harmony with the intent of the zoning ordinance. In considering this application, the board has determined that the relief as requested be granted since: (a) the relief is not substantial; (b) the relief will not be detrimental to.adjoining properties; (c) the relief will not adversely affect the character of the district; (d) the practical difficulties are sufficient to warrant approval hereof; (e) the circumstances are unique since the property has residential structures existing as a nonconforming use since prior to the change of zoning from "A" to "B-Light"; (f) in view of the manner in which the difficulties arose, the interests of justice will best be served by allowing same, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki , it was RESOLVED, that the relief requested under Appeal No. 3350 in the Matter of the Application of JOSEPH 'LIZEWSKI for an insufficient setback from the easterly sideyarT at 32 feetor a proposed recreational club addition, BE AND 'HEREBY IS APPROVED SUBJECT TO THE FOLLOWING: Modification of the Site Plan by the Planning Board to include a minimum of 27 parking spaces (inclusive of handicapped parking). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki , This resolution was adopted by unanimous vote of all the members'. lk G RAS RD P. GOEHRINGER, C IRMAN May 17, 1985 6 RECEIVED AUG 1 v 2014 ZONING BOARD OF APPEALS i I i ZZF JE . 1 _ 14 l RECEIVED AUG I v 2014 !. ZONING BOARD OF APPEALS oly It (�-7 RECEIVED AUG 1 2014 �. `' AD 1�. NING BOARD OF APPEALS hl `� f i1 � �!AF►itlidC i;:;.;;;3 I! . �•'�' AH0.0VED 5Y DAZE:- ^•/ S 015244 4 I' 7 // RECEIVED !!! AUG I ` 2014 ZONING BOARD OF APPEALS Appeals Southold Town Board of MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE 15161765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. $.32,?. Application i3ated January 8, 1985 TO: Dr. Joseph J. Lizewski, D.D.S. [Appellant(s)] Main Road Cutchogue, NY 11935 At a Meeting of the Zoning Board of Appeals held on May 2_,_1985, the above appeal was considered, and the action indica—ted below—was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [X) Request for Special Exception under the Zoning Ordinance Article III , Section 100-30(8)[6] [ ] Request for Variance to the Zoning Ordinance Article , Section [. .] . Request. for Application of JOSEPH LIZEWSKI, 29205 Main Road, Cutchogue, NY for a $�ect.�al ExgtDtiOtLtO the Zoning 'Ordinance, Article III, Section 104-30- (b)[bJ ana Article VI, Section 100-60(B)[1](a) for permission to establish recreational use (private racquetball membership club) at premises located on the north side of Main Road and east sideof Depot Lane, Cutchogue, NY; District .1000, .Section 102, Block 02, Lot 12.1. (B-Light Business Zone) WHEREAS, a public hearing was held initially March 7, 1985 and was concluded on April 11 , 1985 concerning the Matter of JOSEPH LIZEWSKI under Appeal No. i3Y j and WHEREAS, the board members have personally viewed and are familiar with the subject premises as well as its surrounding area, and .. WHEREAS, the board has considered all testimony and documentation entered into the record in this matter, and WHEREAS, there has been no opposition entered in the record up until the conclusion of the public hearing, and WHEREAS, the board made the following findings of fact: 1 . The property in question is located in a "B-Light Business Zoning District pursuant to a change of zone granted by the Southold Tow Board March 9, 1982, 2. The property in question fronts alon the north side of the Main Road (State Route 25) 147.39 (and 116.373 feet and is also situate with frontage along the east side of Depot Lane 173.13 feet (and 233.7 feet), and is shown to contain an area of approximately 1.5 acres and approximately 20,000± sq. ft. including the one-family dwelling and lot at the corner of Depot Lane and Main Road, also owned by the applicant. 3. The subject premises is improved as shown on the site plan (yl dated April 6, 1984, for one-family residence and professional office RECEIVED uses. 4. This is an application for a Special Exception by which AUG 1 - 2014 applicant proposes to construct a 44' by 66' recreational addition for use as a private racquetball membership club with a setback at (CONTINUED ON PAGE TWO) ZONING BOARD OF APPEALS DATED: May 17, 1985. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev.. 12/81) Page - Application No. 3322 Matte2 r of JOSEPH LIZEWSKI (Special Exception) Decision Rendered May 2, 1985 32 feet from the easterly side property line. 5. Article III, Section 100-30(B)[6] permits annual membership clubs catering exclusively to members and their guests after receiv- ing a special exception from this board and site plan approval from the Planning Board in accordance with Section 100-134 of the Code. 6. For the record it is noted that conditional approval has been made simultaneously herewith to grant an insufficient sideyard setback from the easterly property line at' 32 feet under Appeal No. 3350. In considering this application, the board determines: (1) the use will not prevent the orderly and reasonable useof adjacent properties or, of properties in. adjacent use districts; (2) that the safety, health, welfare, 'comfort, convenience and order of the town will not be adversely affec.ted' by the proposed use and its location; (3) the use is in harmony. with .and.. will promote the .general purposes and intent of zoning since it is ,a permitted use. In passing upon this application, the board has also considered items (a) through (1) of Article XII, Section 100-121 (C)[23 of the Zoning Code.' Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki , 'it was RESOLVED, that a Special Exception as requested under Appeal No. 3322 .in the Matter of the Application of JOSEPH LIZEWSKI at premises known and identified on the Suffol.k _County, Tax Map as District.1000,.Section 102, Block 02, Lot 12.1, BE 'AND HEREBY IS APPROVED SUBJECT TO THE FOLLOW.ING: , Modification of the 'Sii;e Plan by the Planning Board to include a minimum of 27_ parking spaces (inclusive of handicapped parking), vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. l k _G­O�G M MAN — May 17,. 1985 Id RECEIVED AUG 1 - 2014 ZONING BOARD OF APPEALS 1 1 z 6 \•� � � .:•+. .+.+,,,M a0fn \. 1 .. r..rm.s-a+wwr.'a.,:s,...... ' 1 : RECEIVED AUG 1 v 2014 ZONING BOARD OF APPEALS .rY;"s. wras ,r" �ne;,.�v+sA^..e.r...�:+rf't? ;� v '�,+'•� �A(�:,.�,ti .. ;;� ,i �;•,.. ,..y, • n•li / �Ni �'.w CM 1 7E^nmL.w+t'+�C11wco.Nw. lo n' s:.�b�uf�. •n ai-.T'�4i ,:.P .�,dr'rY" "Y::`.:...�...i,.:�lw:r�il:ifi{�ef�:i'� wLaillL..a.�.'_ �i...... .�_.... _...�...�:_/�if._:.:�s_... ._,_.._.... .. .,...>.� RECEIVED AUG 1 v 2014 ZONING BOARD OF APPEALS liil L w.� b rwS�°ate' 3•'r4... ", ., 1 .Iris :.-1�"h"1^ �''t��.I•`',.•,.`�.,. .J,...v � .I RECEIVED AUG 1 y 2014 ZONING BOARD OF APPEALS i ft i «.)i: \ 5�`f � ,'S•�f.. ���;. t (1:"dr�•J6 , r,1fft J •.rS �... ;,�T� .�.�•� `a 1• leaeWa�u'�irr...WCYiaiw.." in.as— •.i•1. ... .. .. .. , .77 , ,y .a$'.es a ..o .lr ,• � �5 it u .,.� 9 RECEIVED AUG 1 ` 2014 ZONING BOARD OF APPEALS . j N TOWN OF SOOTSOLD,NEW YORK DATE 12/..._..5/81 ACTION OF THE ZONING BOARD OF AFknALS Appeal No. 2885 by application Dated September 14, 1981 - ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To William H. Price, Jr. , Esq. Appellant Joseph J. Lizewski, D.D.S. at a meeting of the Zoning Hoard of Appeals on December 5, 1981 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. III, Sec. 100-30 1. SXXXXaWftVV16'dX*X?f4X*%MX&Won ( 3 be granted < ) be denied pursuant to Article .............,..... section .................... Subsection ..._............... paragraph I......._....,,, of the Zoning Ordinance and the decision of the Building Impactor ( ) be reversed ( ) be Yt&v Wi(jWcsvz& Public Hearing held 10/15/81; Application of Joseph L. Lizewski, Main Road, Cutchogue, NY (by William H. Price, Jr., Esq. ora variance to the Zoning ordinance, Article III, Section 100-30 for permission to construct professional office building in an A-Residential and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane), Cutchogue, NY; bounded northwest by Fogarty; southwest by Depot Lane; northeast by Dunne; southeast by Main Road. County Tax Map Parcels No. 1000-102-2-12.1 and 11. (SEE REVERSE SIDE) 2. VARIANCE.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 (SEE REVERSE SIDE) (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 (SEE REVERSE SIDE) (e) The variancedoor ( ) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because RECEIVED (SEE REVERSE SIDE) AUG I ' 2014 and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and ZONING BOARD OF APPEALS that the previous decisions of the Building Inspector( ) be confirmed ( }ba_reversed. R-7CEIVED AND FILED BY (SEE REVERSE BIDE) TF: SOU12-CLD TOWN CLERK CG:lk ZONING BOARD or ORM [�r/ HOUR //-079Q4- F/ ZBe owns Clerk, Town ��uthold Appellant has appliesis Board for a use variance tot the construction of a professl office building on his propert located on the northeasterly corner of Main Road (N.Y. Route 25) and Depot Lane at Cutchogue. The premises are presently zoned "A" Resi- dential and Agricultural and comprises approximately two acres, and is ghown and designated on the Suffolk County Tax Map as District 1000, Section 102, Block 2, Lots 11 and 12.1. Tax Map Lot 11 contains approximately 20,000 sq, ft. and has constructed thereon a 2-h story wood frame dwelling and garage occupied by Appellant as a private dwelling, Tax Map Lot 12.1 comprises 68,554 sq. ft, and has erected thereon a 1-h story wood frame dwelling, two barns and a garage. The property on the north side of Main Road west of Depot Lane is in the "B-1 General" Business Zone which extends westerly for approximately 1100 feet. The property on the south side of Main Road west of the subject premises is zoned "B-Light" Business. The property north and east of the subject premises is zoned "A" Residen- tial and Agricultural. Section 100-30C(1) of the Zoning Code permits "Home Occupations" in the "A" zone as an accessory use. Under the definition of "Home Occupation" (Section 100-13) , the professional office of a dentist is permitted provided that the office is located in a dwelling in which the practitioner resides, or in a building accessory thereto. The Appellant (a practicing dentist) could establish a dental office in his dwelling on the premises or in a building accessory thereto pro- vided he resided there and employed not more than one non-resident assistant. Presumably, however, Appellant does not wish to have only his own dental office on the premises, but instead desires to construct on the premises a professional office building having a length of 110 feet and a width of 58 feet, containing three suites of offices. Such a use is not permitted in an "A" Residential and Agricultural District. It is permitted in the "B" and "B-1" Business Districts. Since the variance applied for is a use variance, before this board may grant such a variance the record must show that: (1) the land in question cannot yield a reasonable return if used only for a purpose allowed in that zone; (2) that the plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood which may reflect the unreasonableness of the zoning code] and (3) that the use to be authorized by the variance will not alter the essential character of the locality. The courts have held that a claim that the property is yielding less than a reasonable return requires proof, in dollars and cents form, of all matters bearing upon the return available under existing zoning, including proof that no permissible use will yield a reasonable return. The only dollars and cents evidence in the record is Appel- lant's statement that he paid $65,000.00 for the property and his conclusory statement that he has not made a profit from the property. The Town assessor's records indicate that the premises (lot 12.1) was acquired by Appellant in 1981. There is no evidence that the property cannot yield a reasonable return if used for other permis- sible uses. Therefore, this board concludes that the evidence presented does not support the grant of the variance applied for. This board does believe that there is, however, a public ne po for the type of facility proposed by the Appellant in the Hamlet Cutchogue, and that perhaps the Town Board should consider the y extension of the present "B-1" District to embrace Appellant's yam. property. ty. On motion by Mr. Grigonis , seconded by Mr. Goehringer, BE IT RESOLVED, for the reasons set forth herein, the variance is denied. 18 Vote of the Board; Ayes: Messrs. Douglass, Goehringer,- Sawicki and Grigonis. (Absent was: Mr. Doyen, Fishers Island). This resolution was unanimously adopted. * -0- RECEIVED AUG 1 ' 2014 _ ZONING BOARD OF APPEALS Vr Ff rd. ay I ////...444 Zt.(.•�?d'-'l' y LP At Y. uc '` -#Ar, CU 7-cy ew Vic;/ r+ -t. 6• ' .,, \ I / C UTA SuF-,�OLK RECEIVED ~"`•' AUG 1 - 2014 ���� ZONING BOARD OF APPEALS r^- — .---. K R►O k. Y, a1 � �1t ar� r/ Tuc �I 4 o �w r CUTcy v y oaa t•' r F Urc CL K RECEIVED AUG 1 v 201f ,,,hL QNING BOARD OF APPE,'-•,i-S Southold Town Board of Appeals -11- Dec er 5, 1981 Special eetinq RESERVED DECISION: Appeal N 28Piliam -11. Application of. Joseph L. Lizewski, Main Road, Cutchogue, NY .(by Price, Jr. , Esq.') fora Variance 'to the Zoning Ordinance, .Article III, Section 100-30 for permission to construct professional.office .building in an A-Residential and Agricultural Zone with existing .dwelling use at 29325 Main Road (a/k/a 320 Depot'Lane) , Cutchogue, .NY; bounded northwest by Fogarty; southwest by Depot Lane; northeast by Dunne; southeast by Main Road. County Tax Map Parcels No. 1000-102-2-12.1 and 11. A public.hearing was held concerning th.is. appeal on October 15, 1981, at which time decision was reserved until a later date. Appellant .has applied to this Board for a use variance to permit the construction of.. a professional. office building on his property located on the northeasterly corner. of Main Road (N.Y. Route 25) and Depot Lane at -Cutchogue. The premises ar.e. presently zoned "A" Resi- dential and Agricultural andcomprises approximately two acres, and is shown and designated on the Suffolk County Tax Map' as District 1000, Section 102, Block 2, Lots 11 and 12.1.. Tax Map. Lot 11 contains approximately 20 ,000 sq. ft. and has constructed thereon a 2-31 story wood frame dwelling and garage occupied by Appellant as a private dwelling. Tax Map Lot 12.1 comprises 68,554 sq. ft. and has erected thereon a 1-h. story woodframe dwelling, two barns and a garage. The property on the north side of Main Road west.of Depot Lane is in the "B-1 General" Business Zone which extends westerly for approximately 1100 feet. The property on thesouth side of Main Road west of the subject premises is zoned "B-Light" Business. The property north and east of the subject premises is zoned "A" Residen- tial and Agricultural. . Section 100-30C(1) of the Zoning Code permits "Home Occupations" in the "A" zone as an accessory use. Under the definition of "Home Occupation" (Section 100-13) , the professional office of a dentist is permitted .provided that_ .the office is located in a dwelling in which the. practitioner resides., or in a building accessory thereto. The Appellant (a practicing dentist) could establish a dental office in his dwelling on the premises or in a building accessory thereto pro- vided he resided there and employed not more than one non'-resident assistant. Presumably.; however, Appellant does not wish to have only his own dental office on the premises, but.-instead desires to construct on the premises a professional office building having a length of 110 . feet and .a width of 58 feet, containing three suites of offices. Such a use is not permitted in an "A" Residential and Agricultural District. It is permitted in, the "B" and 11B-1" Business Districts. Since the variance applied for is a use. variance, before this board may grant such a variance the record must show that: (1) the land in question cannot yield a reasonable return if' used only RECEIVED ' Wl AUG 1 2014 ZONING BOARD OF APPEALS Southold Town Board of Appeals -12 December 5, 1981 Special Meeting (Joseph L. Lizewski. - Appeal No. 2885 continued: ) for a purpose allowed in that zone; (2)' that .the plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood which may reflect the unreasonableness of the zoning code; and (3) that the useto be authorized by the variance will not alter the essential . character of the locality. - The courts have held that a claim that the property is yielding less than a reasonable return requires proof., in dollars and cents form, of all matters bearing upon the return available under existing zoning, including.proof that. no permissible use will yield a reasonable return. The only dollars and .cents .evidence in the record is Appel- lant's statement that he .paid $65,000.00 for the property and his conclusory.statement •that he has not made. a profit from the property. The Town assessor's records .indicate that .the premises (lot 12.1) was acquired by Appellant in 1981. There is no evidence that the property cannot.yield. a reasonable return if used for other permis- sible uses. Therefore, this board concludes that. the evidence presented does not support. the. grant of the variance -applied for. This board does believe that there is, however, . a public need for the type of facility proposed by the Appellant in the Hamlet of Cutchogue, and.•that perhaps the Town Board.. should consider the extension of the present "B-1" District to embrace Appellant's property. On motion by Mr. Grigonis. , seconded by Mr. Goehringer, BE IT RESOLVED, for the reasons set forth herein, thevariance is denied. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. (Mr. Doyen, Fishers Island, was absent. ) This resolution was unanimously adopted. Being there wasno further business. to come before the Board at this time,. the Chairman declared the meeting closed at approxi- mately 10:30 a.m. APPROVED Respectfully submitted, Linda F. Kowalski, Secretary Chairman Board,,4 App Southold Town Board of Appeals-_�&I/ RECEIVED AUG 1 v 2014 ZONING BOARD OF APPEALS 4P APPEALS BOARD MEMBERS "'' ' SCOTT L.HARRIS Supervisor Gerard P.Goehringer, Chairman Serge Doyen,Jr. , �t? Town Hall, 53095 Main Road James Dinizio,Jr. 7'n „�,.��r P.O.Box 1179 Robert A.Villa ~ � `�'a Southold,New York 11971 Richard C.Wilton ' zL u� Fax (516)765-1823 Telephone(516)765-1809 BOARD OF APPEALS Telephone(516)765-1800 TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4157: Matter of the Application of Application of DEPOT ENTERPRISES, INC. for a Variance to the Zoning Ordinance, Article VII, Section 100-71C (which refers to 100-31C-4, 100-33) of the residential accessory use provisions) , for permission to establish and locate accessory outdoor recreational area with outdoor lighting incidental to the main use of the premises. Location of Property: 320 Depot Lane, and 29325 Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-12.1. Subject premises is zoned Residential-Office (RO) and contains a total lot area of 1.6+- acres. WHEREAS, after due notice, public hearings were held on March 18, 1993 and on April 22, 1993, and at said hearings all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application requesting permission to locate outdoor recreational area with outdoor lighting as accesory uses incidental to the main use of this property. Submitted as part of this application are sketches showing a proposed volleyball court, fence areas, and the proposed lighting. 2. The property is located in the Residential-Office (RO) Zone District is contains a total area of approximately 1.6 acres, of which 147.39 feet fronts along the north side of the Main State Road and 173.13 feet fronts along the east side of Depot Lane. 3. The subject premises is bounded on the north by residences; on the west along Depot Lane by a gasoline station Page 2 - Appl. No. 4157 Matter of DEPOT ENTERPRISES, INC. Decision Rendered May 11, 1993 �0,1 and a house all located in the Hamlet Business Zone District. North of the Hamlet-Business Zone is the Cutchogue West School which is improved with the school's main building and outside playgrounds and outside recreational areas. To the south is the Main State Highway and property zoned R-40 Low-Residential. 4. The location of the proposed outside recreational court and lighting is generally north of the existing parking lot with setbacks at not closer than 24 feet from the northerly property line and at least 30 feet from the easterly property line. The lighting is shown to be at each of the four corners of the volleyball court. 5. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property and there is no method feasible for appellant to pursue other than a variance - particularly since a substantial part of the buildable areas of this parcel consists of "front yards" - that area extending east from Depot Lane and that area extending north from the Main State Highway; (b) the relief is not substantial in relation to the requirements; (c) the relief requested will not cause a substantial effect on available governmental facilities since the areas are not enclosed buildings and is directly related to the main use of the premises (recreational club) and not involving a separate business; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties since the proposed building will be located with an adequate setback and buffer area from the northerly property line at 32+- feet; (e) there will be no adverse undesirable change in the character of the neighborhood or detriment to nearby properties created by the location of the volleyball courts in. the front yard area; (f) the relief sought by applicant cannot be achieved by another method other than an area variance; (g) the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in this neighborhood or zone district; 0 Page 3 - Appl. No. 4157 Matter of DEPOT ENTERPRISES, INC. Decision Rendered May 11, 1993 (h) the difficulty is related to the uniqueness of the property and is not self-created; (i) the relief requested will be the minimum necessary to afford relief. Accordingly, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, to GRANT the relief as requested under Appl. No. 4157, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the lighting, which is proposed for seasonal playing of volleyball, be out by 10:00 p.m. ; 2. That additional screening be added to provide a staggered (or straight) buffer, inside the applicant's property line, for a distance of between 75 ft. and 100 ft. in length; screening shall be with fruit trees (or similar) of planted at a height of three (or four) feet, and maintained in good condition at all times for screening purposes; 3. That the use of the court be for the playing of volleyball and remain accessory and incidental to the main use of the premises in accordance with the Special Exception granted May 2, 1985 under Application No. 3322 for a private recreational club. The use of the volleyball courts may not be operated as a separate business. Vote of the Board: Ayes: Messrs. Dinizio, Wilton and Goehringer. (Absent were: Members Villa and Doyen) . This resolution was duly adopted. lk GERARD P. GOEHRINGER, HAIRMAN a:EC;EIVED AND FILED BY. THE SOUTHOLD TOWN CLE iii DINE S/y/93 HOUR a2 P1,11 Town Clerk, Town of Sout .old WoUr APPEALS BOARD MEMBERS Southold Town Halt Gerard P. Goehringer, Chairman y m 53095 Main Road Serge Doyen, Jr. p P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa lc �' Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4254. Application of DEPOT ENTERPRISES, INC. Variance is requested under Article VII, Section 100-71C (ref. 100-31C-4, 100-33) and under prior variance determined May 11, 1993 under Appeal No. 4157, for permission to modify the northerly yard setback for an accessory ball court. Location of Property: 320 Depot Lane and 29325 Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-12.1. Subject premises is zoned Residential-Office (RO) and contains a total lot area of 1.6+- acres. WHEREAS, a public hearing was held on July 14, 1994, at which time any and all persons who desired to be heard were heard and their testimony recorded <no opposition was submitted during the hearing>; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant requests a reduction in the northerly yard setback for the repositioning of the existing double volleyball court, which volleyball court with outdoor lighting was previously considered by the Board of Appeals under Appeal No. 4157 on April 22, 1993. The setbacks for the proposed repositioning of the double volleyball court are proposed to be reduced by eight feet from the original 22 ft. setback. 2. The most recent (June 6, 1994) site plan map was prepared by Anthony W. Lewandowski, Land Surveyor. Shown on this site plan is the new proposed addition which was considered under Special Exception No. 4244. That addition is proposed at 92 feet from the westerly front property line and 86+- feet to the northerly property line, which would protrude Page 2 - Appl. No. 4254 Matter of DEPOT ENTERPRISES, INC. Decision Rendered July 14, 1994 onto the volleyball court area. The number of parking spaces is shown on the June 6, 1994 site plan to be proposed at 45. There are an existing buffer between the northwesterly parking area and Depot Lane of approximately 12-1/2 feet in depth and buffer area north of the parking area at approximately ten (10) feet in depth. The playground area, or fence enclosure, must be removed. The frontage of the subject property along the Main Road is 149.39 in length, and along Depot Lane 173.13 feet. 3. The subject premises is known as 320 Depot Lane (and 29325 Main Road), Cutchogue, Town of Southold, New York, contains a total area of 1.63+- acres, and is located in the Residential-Office Zone District. The recreational building is and has been used for health-club business and office use, since its inception in 1985, when the property was zoned B-Light Business. (Prior to receiving a Special Exception 1985 the building was used as a dwelling and offices.) 4. At this time, the main building is under review for a final Certificate of Occupancy pertaining to a portion of the areas converted in 1985 from office and/or residential to its present use and pertaining to the restricted use of the second floor. Simultaneously pending with this application is an amended site plan review before the Town Planning Board pertaining to the new addition. (Note: A site plan map dated 4-6-84 was approved previously and signed by the Chairman of the Planning Board on 7-19-85; also a temporary Certificate of Occupancy was issued by the Building Inspector on November 6, 1987 for the recreation center under No. Z16374, with a notation that the second floor be non-habitable.) 5. In considering this application, the Board also finds and determines: (a) that the essential character of the neighborhood will be not altered with a reduction in the setback of eight feet; (b) that the relief as requested is the minimum necessary to afford relief to the applicants; (c) the difficulties claimed do not violate the setback schedule in the Zoning Code pertaining to accessory structures since the setback from the rear property line exceeds the 20 ft. requirement; (d) that there is no other alternative available which is feasible for appellants to pursue for the volleyball court, as noted above; Page 3 - Appl. No. 4254 Matter of DEPOT ENTERPRISES, INC. Decision Rendered duly 14, 1994 (e) in considering all of the above factors, the interests of justice will be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, that permission is hereby GRANTED for the 8+- ft. setback reduction adjustment in the location of the volleyball court at the northerly setback, as requested. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. GE R . GOEHRINGE CHAIRMAN, BOARD OF APPEALS RECEIVED ANDFILED BY THE SOUTHOLD TOWN CLERK DATE pUR aPs-- ! Town Clerk, Town of Southold l • • �� - �Qg�fFOLKZOG APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman ,z 53095 Main Road Serge Doyen, Jr. G P.O. Box 1179 James Dinizio, Jr, y� a0� Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4244SE. Application of DEPOT ENTERPRISES, INC. This is a request for a Special Exception, as amended, to include approval for the location and use of a proposed addition to the existing principal building located at 320 Depot Lane, Cutchogue; New York. The proposed addition is an expansion of the existing recreational membership, club and is located in the Residential-Office (RO) Zone District. Property I D No. 1000-102-2-12.1. WHEREAS, a public hearing was held on June 8, 1994, at which time persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the followingfindings of fact: 1. By this application, applicant requests a Special Exception for a proposed 30 ft. by 60 ft. addition for use as a "weight room" for exercise and health club activities related to the existing health and recreation club, all as shown on the June 6, 1994 site plan map prepared by Anthony W. Lewandowski, Land Surveyor. The setbacks of the proposed addition are shown to be 92 feet from the westerly front property line and 86+- feet to the northerly property line: The number of parking spaces is shown proposed at 45. There are an existing buffer between the northwesterly parking area and Depot Lane of approximately 12-1/2 feet in depth and buffer area north of the parking area at approximately ten (10) feet in depth. The playground area is to be removed. The frontage of the subject property along the Main Road is 149.39 in length, and along Depot Lane 173.13 feet. 2. The premises at which the subject addition is proposed is known as 320 Depot Lane (and 29325 Main Road), Cutchogue, NY, contains a total area of 1.63+- acres, and is located in the Residential-Office Zone District. The recreational building is and has been used for health-club Page 2 - Appeal No. 42440 •Decision Rendered June 24, 1994 Matter of DEPOT ENTERPRISES, INC. �06A business and office use, since its inception in 1985, when the property was zoned B-Light Business. (Prior to receiving a Special.Exception 1985 the building was used as a dwelling-and offices. ) 3. At this time, the main building is under, review for a final Certificate of Occupancy pertaining to a portion of the areas converted in 1985 from office and/or residential to its present use and pertaining to the restricted use of the second.floor. Simultaneously pending with this application is an amended site plan review before the Town Planning Board pertaining to the new addition. I Note: A site plan map dated 4-6-84 was approved previously. and signed by the Chairman of the Planning Board on 7-19-85; also a temporary Certificate of Occupancy was issued by the Building Inspector on November 6, 1987 for the recreation center under No. Z16374, with a notation that the second floor be non-habitable. ) 4. Additionally, (a) this Board finds that the request for an addition to the recreation center by Special, Exception is not improper, based upon the prior Special Exception jurisdiction in 1985 and Section 100-261 of the current zoning code {as, confirmed by the Building Inspector in his April 21, 1994 letter); and (b) the master plan revisions adopted on January 10, 1989 changed the zoning of the subject premises from "B-Light Business" to "Residential-Office (RO)," which in effect removed retail and other commercial. uses for establishments created after January 10, 1989; (c) the legislative body of the Town should enact a new zone district or zone category which would would allow business properties of this nature as a recreation center (this type of use was not included in the new zone district designations, such as HB, RO, LB, B, when revised under the 1989 Master Plan and Zoning Code). (d) there has been no substantial, change in the dimensions of the property or size of the buildings since immediately prior to January 1989 or thereafter which might affect the circumstances of the revised master plan, or this application; (e) the surrounding area consists of the following:: (1) to the north, residences; (2) to the west, Depot Lane and opposite Depot Lane to the west and southwest, a gasoline,station with auto repair services and a dwelling, each located in the Hamlet Business Zone District, (3) to the north of the -Hamlet-Business Zone District is the Cutchogue .West School which is improved with the school's main building, outside playgrounds and outside recreational areas; (4) to the south is the Main State Highway and property zoned R-40 Low-Density Residential Zone District. 10 Page•3 - Appeal No. 424 • Decision Rendered June 24, 1994 �CA Matter of DEPOT ENTERPRISES, INC. 5. In considering this application, the Board also finds and determines: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts; C. That the safety, health, welfare, comfort, convenience or order of the town will not be adversely affected by the proposed use and its location; D. That the use will be in harmony with and promote the general purposes and intent of this chapter (see notations, infra); E. That the use will be compatible with- its surroundings and with the character of the neighborhood andof the community in general, particularly with regard to visibility, scale and overall appearance; F. That the building in which the proposed use is hereby authorized must be readily accessible-for fire and police protection. G. The Board has also considered subsections A through P of Article XII, Section 100-264 of the Zoning Code. Accordingly, on motion•by Member Wilton; seconded by Chairman Goehringer., it was RESOLVED, that permission is hereby GRANTED for a proposed 30 ft. by 60 ft. addition to the existing health club/recreation center building, as applied, and.SUBJECT TO THE FOLLOWING CONDITIONS: 1. This approval is subject to the owner obtaining all written approvals from the Southold Town Planning Board, Suffolk County Department of Health Services, Southold Town Building Department, and any other agency having jurisdiction thereunder before occupancy. 2. Outdoor lighting must be shielded to the ground and not be adverse to neighboring areas. 3. Prior actions and conditions of this Board shall remain in full force and effect. 4. This action shall expire two years from the date of receiving all agency approvals having jurisdiction for the proposed addition, P �e 4 - -Appeal No. 4 � - --- --- a9 Decision Rendered June 24, 1994 ��v\ Matter of DEPOT ENTERPRISES, INC. except when a building permit of the Town of Southold for the addition is in effect and construction activities commenced pursuant to said permit. Vote of the Board: Ayes: Messrs. Goehringer, Wilton and Dinizio. (Absent were Members Villa and Doyen. ) This resolution was duly adopted. I k le� . GERARD P. GOEHRYNGER, C IRMAN BOARD OF APPEALS RECEIVED AND FILED BY THE SOUTHOLD TOW14 CLERK DATE HOUR Town Ci rk, Town qj Southold TOWN )F SOUTHOLD BUILDINGBL'IfERMIT APPLICATION CHECKLIST TOWN HAN HALL DEPARTMENT • Dhave or need the following,before applying? TV Board of Health TOUT 631) 7 NY 11971 RECEIVED �� sets of Building Plans TEL: (631) 765-9502 Planning Board approval FAX: (631) 765-9502 Surve South oldTown.NorthFork.net PERMIT NO. AUG - 2014 y • - Check ZONING BOARD OF APPEALS N p S.Form Trustees C.O.Application Flood Permit Examined ,20 Single&Separate Storm-Water Assessment Form Rit Contact: roved ,20 �' �fii Mail to: Charles R. Cuddy Di approved a/ PO Box 1547, Riverhead, NY1 .90 Phone: (631 ) 369-8200 Expiration 20 �- Building risp ctor E C t / APPLICATION FOR BUILDING JUL 17 2014 Date July 16, 2014 INSTRUCTIONS BLDG.DEPT. a. Thi§,4pplicatimi- 1UST b ompletely filled in by typewriter or in ink and submitted to the Building Inspector with 4 set pt,,ffs, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application,the Building Inspector!will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part'for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an addition six months. Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,j New York, and other applicable•Laws,Ordinances or Regulations, for the construction of buildings, additions,or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code .housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. Depot Enj;,gr rises, In B CharTe} tlue ofa pliwt or iamejf a oration) Y�" gen 145 Fleetwood Rd. Cutchogue, NY 11935 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder Owner Name of owner of premises Depot Enterprises, Inc. (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer Charles R Cuddy, Agent for Depot Enterprises Inc. (Name and title of corporate officer) Builders License No. N/A Plumbers License No. N/A Electricians License No. N/A Other Trade's License No. N/A 1. Location of land on which proposed work will be done: 29325 Main Road Cutchogue House Number Street Hamlet County Tax Map No. 1000 Section 102 BI�Ck; 2 .`� . .,�; Lot 1.2.6 ,3 r".. ro:.._,tt >,a Subdivision N/A Filed Map No. Lot - 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy offices, fitness club (recreation center) b. Intended use and occupancy same with flower shop; 3. Nature of work(check which applicable):New Building Addition Alteration Repair Removal Demolition Other Work retail use ' 4. Estimated Cost Fee (Description) (To be paid on filing this application) 5. If dwelling,number of dwelling units N/A of dweVing units on each floor If garage, number of cars "# '� _ <q, 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front / Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front N/A Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front N/A Rear _ t t g Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase 1/ 3/8:1 Name of Former Owner Lizewski 11. Zone or use district in which premises are situated RO (residential office) 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO x Will excess fill be removed from premises? YES NO x Cutchogue, NY 14.Names of Owner of premises Depot Enterprises Address 145 Fleetwood Rd. Phone No. Name of Architect Garrett Strang Address Phone No Name of Contractor N/A Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO x * IF YES, SOUTHOLD TOWN TRUSTEES'& D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO x * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey,to,scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF Suffolk) Charles R. Cuddy being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the _ Agent for Owner —Depot Fn erpri seR. Tnc (Contractor,Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this day of _201q IWONA KODYM Notary Public, State of New York No. 01-KO6088386 Not Public ied In Suffolk Commission Expires March 3, 20 1 S Signature of Applicant FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED Office of the Building Inspector Town Hall AUG 1 v 2014 Southold, N.Y. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-312 5 4 ---._-.._.... - -...- . . Date: 1.1-.0 3_/Jo5. ............_.-.---. THIS CERTIFIES that the building RECREATION CENTER Location of Property: 29325 MAIN RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 102 Block 2 Lot 12.1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 27, 2004 pursuant to which Building Permit No_ 30364-Z dated MAY 28, 2004 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 RECREATION CENTER AS APPLIED FOR & AS PER SE #3322 OF ZBA DATED 5/8/1985 & AS PER CERTIFICATION OF LAWRENCE TUTHILL, P.E. DATED 9/28/05. The certificate is issued to DEPOT ENTERPRISES, INC. (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL C-28 04/02/8 ELECTRICAL CERTIFICATE NO. N-269444 03/15/93 PLUM ERS CERTIFICATION DATED 1OPY7192 JOSEPH L ZjWSKI iw/ '1 Authorized Signature Rev. 1/81 -� , �li �� ,. • e ✓i. ,x t:,f, .f•. �.iMi -._ _..a � , x ° yY,� I F i +" ,��������"+ � ,� �+ � �� ����' "t"""om '2Kw ,M'+g. e � `�p y �t a�n.�1Mi{a ��� a'r.�`' ##vv�t �. "x 5� ^� F � � rh�'^w ',�'�'� {u Zia 'L $s �,,.� A�.," -� d ^k r,�"fy+�.3 s%��?r x � ��:ry L��"�' ✓��riay n ".,t,�rd t� �" �.- '... .; ti a.,.. .Yi R ,�t�.,.._ w v vL r ...r--�r.�3(. .,.�....+��.�.:_ z�k'gre£it..F,, ��a, ._,� _ ,. r � _..� ..:.. _ _ 3a.�"E`. ,,h,..�'�. .. �\ / Iii' -�. - P '. .. ,.,....,_. - .__ ra -w+a_....-..... � _ �, :: ,t'f, r.. .�+al _-x,.: �� r y 6 ) �y k rt,Yt F aV IVJ U�lQ OWNERSTREET ',t VILLAGE DIST. SUB. LOT FO MER OWNER • LL1 zf-w:s k4 N f E44 S . ' W' ' Qejcxof �-qHe TYPE OF BUILDING K" f�t �. lop 10 w c cs ` " vt�sl�`a Oda RES. SEAS. VL. FARM ' COMM. � MISC. Mkt.^Value 50 Of LAND IMP. TOTAL DATE. . REMARKS e ae a I 7Si_„ ,s. ,4 fQ h" lase) I If Id 4 ,5/13/77 G�+L°,' Lr4 e- ' &q� � S�?l°,�fP3�ie fA X�,c,6't I ' O 3 J a s t c1 v✓ y l za f! Y' 2Vic, Y f i a t -rr t�r9 �� a 8'� 1 67' {' v 3 10 0 ;/ � 0 0 i 0 Q % G,C0N Tr NEW NORMAL✓ BELOW dzlu4t R- 1 SA7ri � FARM Acre Value Per Value _ J Tillable ]lam ;Z"I 7 �' r 716� move- ybe-0 ` a ay-,-S` Inc z 9s oD Ir9r� � 1 � -'�en�rra �e« FRONTAGE ON WATER 1/ Brushlandr FRONTAGE ON ROADp 31 House Plot, DEPTH . BULKHEAD �'�`' d Total DOCK �oZI(9 d tst� !7 - C�h 0 vfb;? '4 �'. �o ` o ! f? d , 97 9 7.za oleo,qgig9- zf 9 z gQ11L_ 70624 4W1)1 j0A,7_ 10 4 ,J ,o Ito LOR I 1 x 3 { OM r / c�c 1-1, -- u � x rt� 102.-2-12.6 3/10 AFounclation r ,,&j 9L O Bath r' Dinette tend ons" 36 '`e'' Basement --� Floors 'D' �- K. stens on "" � s"Ext. Walls. Interior Finish 's��'i; LR. ° Fire Place . Heat DR. xfie�n .o x. 8 •-4,7-'m 3757 / r d ype Roof , Rooms 1st Floor BR. arcecreation Room Rooms 2nd Floor FIN. B. $ 5 4kCat=272. , t to, 1'7,6,50 Dormer ,reezeway Driveway B. ata1 - 40 j � TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNERSTREET aq-2�S- VILLAGE _ DIST. SUB. LOT r! ACR. REMARKS I c..le- .t TYPE OF BLD. Ka f I � PROP. CLASS a8 acs U 1Qces a io8 LAND IMP. TOTAL DATE co } cp 2014 Ep4S pNING gOA FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD , WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL • . Q��gAfFO4�0 ELIZABETH A.NEVILLE,MMC h� �y Town Hall,53095 Main Road TOWN CLERKp P.O. Box 1179 ti Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS O •F Fax(631)765-6145 MARRIAGE OFFICER 'f'� Q�' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �.( `�►a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: August 12, 2014 RE: Zoning Appeal No. 6791 Transmitted herewith is Zoning Appeals No. 6791 of Charles Cuddy for Depot Enterprises Inc. -The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover letter from Charles Cuddy dated 7/31/14,Notice of Disapproval from Building Department dated 7/28/14, Property Record Card, Application for Building Permit dated 7/16/14, Certificate of Occupancy dated 11/3/05, 2 Pages of Photos, Findings Deliberations and Determination No. 6170 Meeting held 7/17/08, Action of the Zoning board of Appeals No. 3350 dated 3/26/85, Action of the Zoning Board of Appeals No. 3322 dated 1/8/85, Action of the Zoning Board of Appeals No. 2885 dated 12/5/81, Drawing of Floor Plans, Survey of Property Showing Existing Construction Prepared by Nathan Taft Corwin III-Land Surveyor. * * * RECEIPT * * * Date: 08/11/14 Receipt#: 176596 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6791 $300.00 Total Paid: $300.00 Notes: Payment Type Amount Paid By CK#1728 $300.00 Depot, Enterprises Name: Depot, Enterprises 145 Fleetwood Cove Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID:6791 0 6 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 8/5/14 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6791 Depot Enterprises Inc. 1728 $300.00 AUG 1 1 2014 Southold Tbwn Clerk $300.00 By_Ic_ Thank you. 11 r - Blooms by Design Installation 2014 T7 East En 000t 4. rL 1!1 7 + s ¥ r M � 4 i as m -„ 1�1 �coals 0L WQ b t q '8-Too , cc) 6 , oR q q83 , ov 3 foo . co cc) lw2 . 1I Lkn-� (d �� Qo3�l � o, a� . kjo 0 L5 lb(5 t Rs /L RECEIVED OCT 2 ZOiu, BOARD OF APPEALS Q 1 � � Z BOARD MEMBERS • • Southold Town Hall Leslie Kanes Weisman,Chairperson O���F $�VlyOl 53095 Main Road-P.O.Box 1179 p Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning • �O� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �lif'coum Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809-Fax (631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 2, 2014 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, OCTOBER 2, 2014: 1:20 P.M. - DEPOT ENTERPRISES. INC. #6791 - This is a request under Section 280-146D for an Interpretation of the Town Code, Article VIII, Section 280-38, "Permitted uses", appealing the Building Inspector's July 28, 2014 Notice of Disapproval for "as built" permit to convert the single family portion of an existing non-conforming fitness club building to a retail flower shop (not a permitted use), located at: 29325 Main Road (Depot Lane) Cutchogue, NY. SCTM#1000-102-2-12.6 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(&-Town.Southold.ny.us Dated: September 8, 2014 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS • MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net September 8, 2014 Re: Town Code Chapter 55 -Public Notices for Thursday, October 2 , 2014 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before September 15th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain-a mailing address or to deliver the letter to thecurrentowner, to the-best of your__ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than September 22nd: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later September 24st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before September 30, 2014. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. NOTICE OF HEARING � The following application will be heard by the Southold Town Board of Appeals at Town Nall , 53095 Main Road, Southold: NAME DEPOT ENTERPRISES INC. #6797 MAP # 7 02 .-2- 1 2 . 6 VARIANCE INTERPRETATION � REQUEST FLOWER SHOP USE IN RO DISTRICT DATE : THURS , OCT. 2 , 2074 1 :20 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD -TOWN OF SOUTHOLD 765-1809 • /611 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS Depot Enterprises, Inc. -Name of Applicants) SCTM Parcel # 1000= 102-2-12.6 COUNTY OF SUFFOLK STATE OF NEW YORK I, Iwona Kodym residing at Bergen Ave. , Mattituck New York, being duly sworn,deposes and says that: On the 15 day of September 2014, I personally mailed at the United States Post.Office in Riverhead , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the(x)Assessors,or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of<way of record, surrounding the applicant's property. �LUO/-- ► (Signature) Sfjo,flay tdcbe this fp 0 �- Mary Louisa Santacroca Notary Public Stats of Now York (Notary )Public No.OI&A 1325 Suffolk Comminlon Expires Nov.20, PLEASE lust on the back of this Affidavit or on a sheet of paper,the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. PL CERTIFIED MAILP.,• • . • ' (Domestic Mail Only; NFor delivery rrn 1 .< 119 information . -. >. cc Ln Postage $ $0.70 0901 $0.49 0901 Ln Ln Postage $ � r_1 Certified Fee $3.30 06 Ln Certified Fee $3.30 06 O Postmark Postmark Return Receipt Fee Here Here IC3 (Endorsement Required) $2.70 Return Receipt Fee $2.70 0 C! (Endorsement Requved) Restricted Delivery Fee C3 O (Endorsement Required) $0.00 Restricted Delivery Fee $0.00 Q C3 (Endorsement Required) $6,74 09/1512014 Q O Total Postage&Fees $ rq Total Postage&Fees $ $6.49 09/15/2014 ra m senVickham Farmland LLC M Sent To ----------------------------------------------------------------------- James Fogarty & Georgeanna Fogarty -___-_ o Slreet,ApCNo.; rq or PO Box No. PO BOX 928 C3Street,Apt.No.: -- ----------------------------------------------------- �.. or Po Box No. p0 Box 61------------------------------------------------- city stale,"' Cutchogue, NY 11935 City State,ZIP+4 Cutchogue, NY 11935 PS Form ;„ August ,,, See Reverse for Instruction, PostalPostal Service CERTIFIED MAILT,, RECEIPT CERTIFIED MAILT. ■ •. • Provided) co (Domestic . � m . � J3 19 � m � 7 4. � � � � � Postage $ #0.49 4901 $0.70 0901 Lr') Postage $ r_1 Certified FeeLn $3.30 06 Postmark Certified Fee $3,30 06 C3 Return eceipt Fee Here Postmark (Endorsement Required) $2.70 L7 Return Receipt Fee $2.70 Here Restricted Delivery Fee 0 (Endorsement Required) O C3 (Endorsement Required) $0.IN Restricted Delivery Fee • IT ! 00 a (Endorsement Required) 0 Total Postage&Fees $ $6-44 09/15/2014 117 r:l O Total Postage&Fees $ $6.70 1 09/15/2014 Sent To m John Smyth and MAr aret Smyth M Sent To r3 — ----------------------2------------------ Robert BArr and Joyce Barry O orreoBox. ' y--- - --------- r.. or PO Box No. 29330 Main Road ------------------------------------------I Street,Apt.No.; -------------------------------------------------------------------------------------- -__-_--_- Ciry,State,Z/P+4 r.- or Po Box No. -1855__Depot__Lane_______ Cutchogue, NY 11935 -- - ------------------ Ciry,srarezffi+a Cutchogue, NY 11935 PS Form 3800,August 2006 See Reverse for Instructio-, PostalPS Form 3800,August 2006 See Reverse for Instruction, PostalCERTIFIED MAILT,, RECEIPT L RECEIPT Ln !S jr (Domestic Mail Only; r9 CERTIFIED MAI • • o 'No insurance Coverage Provided) m For elivery 1 Information visit our website at vcww.usps.connS mra 1�9IAL USE 119 I A �3� �►ICU Postage $ $0.49 0901 L. ! Postage $ $0.49 4901 Ln Ln Certified Fee $3.30 06 Certified Fee r_1 Certified 06 Postmark A C3 Return Postmark Receipt Fee $2.70 Here C3 Return Receipt Fee Here ) C3 (Endorsement Required) O (Endorsement Required) $2.70 Restricted Delivery Fee C3 Restricted Delivery Fee d (Endorsement Required) $0+00 (Endorsement Required) $0.00 I' Ero Total Postage&Fees $ $6.49 09/15/2014 O Total Postage&Fees $ $6.49 09/15/2014 r_3 r_9 n 1 Sent To m Sent To James P. Dunne James Fo art ------------------------------- �------------------------------------------------------ -A O Street,Apt No.; pSweet, ptIVo.; or Po sox No. 29475 Route 25 or PO Box No_ ------------------------------------------------------------------------ ~ p� Box Ciry,State,zlP+4" arystara,ZIP+a Cutchogue, NY 11935 Cutcho ue NY 11 3 Service SOUTHOLD TOWN ZONING BOARD OF APPEALS • • teCERTIFIED MAIL,,., RECEIPT RE:Depot Enterprises,Inc.. ,a •• Only; • . Provided) List of adjacent property owners M JN J94: fl ? , U1. SCTM#1000-102-2-12.2 Ln Postage $ $0.49 0901 Joseph P.Dunne `n 29475 Route 25 r.-4 Certified Fee $3.30 06 Cutchogue,NY 11935 O Return Receipt Fee Postmark O (Endorsement Required) $2.70 Here 2. SCTM#1000-102-2-12.5 Restricted Delivery Fee p (EndorsementRequired) .(� Ir Cutchogue Development LLC O Total Postage&Fees $ $6.49 09/1512014 2090 Sound Avenue r_1 Baiting Hollow,NY 11933 mSent To rq Cutchogue Development__LLC 3. SCTM#1000-102-2-12.7 C3 Street,Apt No.;- N or PO o Box N. ---- Bo------2Q9D---Saud__Av_P---------------------------------------- James R.Fogarty City,State,ziP+taiting Hollow, NY 11933 Georgeanna Fogarty PO Box 61 PS Form 3800,August 2006 Cutchogue,NY 11935 4. SCTM#1000-102-2-10 U.S. Postal ServiceT 1.1 CERTIFIED MAILT. RECEIPT James Fogarty (Domestic • :. Provided) PO BOX 61 Cutchogue,NY 11935 m For delivery information visit our website at www.usps.com�,, 5. SCTM#1000-102-5-17 r-1 RI C119CI ° e Ln Postage $ $0.70 0901 Cutchogue School District Ln 385 Depot Ln. ra Certified Fee $3.30 06 Cutchogue,NY 11935 v Postmark g M Return Receipt Fee Here O (Endorsement Required) $2.70 6. SCTM#1000-102-6-23.1 Restricted Delivery Fee O (Endorsement Required) $0.00 John and Margaret Smyth Er C3 Total Postage&Fees $ $6.70 09/15/2014 29330 Main Road Cutchogue,NY 11935 M Sent To r.q Barbara Grattan C3 ------------------------------------------------------------------------------------ Street,Apt.No.; r.- orPoaoxNo. 427 Ostrander Ave. 15;W - ------------------------------------------------------------------- ciry,ware,z�P+a Riverhead, NY 11901 Q IIPS Form 3800,August 2006 Postal See Reverse for Instructions ti CERTIFIED MAILT,, RECEIPT M (Domestic Mail Only; r`- m For delivery information visit our website at www.usps.coms, r-4 ""fig 119 L U f � m Ln Postage $ $0.49 0901 u7 ral Certified Fee $3.30 06 C3Return Receipt Fee Postmark 0 (Endorsement Required) $2.70 Here O Restricted Delivery Fee O (Endorsement Required) - 00 Q-. O Total Postage&Fees $ 09/15/2014 r_9 fY I Sent To ra Cutchogue School District ---------------------------------------------------------------------------------------- C] Street,Apt.No.,, (�- or PO Box No. tom,r J-�` --------------------- City,State,ZIP+4 Cutcho u NY 11935 PS Form :rr August 2006 See Reverse for Instruction-, �• • • COMPLETE • ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Si u item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse 9��A ❑Addressee so that we can return the card to you. g, e'ved by( ' ted me) �` Date of Delivery ■ Attach this card to the back of the mailpiece, / q,'b- 6 4 1 or on the front if space permits. C- r ( 1 9 I - - D. Is delivery address 40rent item 1? 13 Yes `(� 1. Article Addressed to: If YES,enter delivery address below: ❑No, James R. Fogarty ► ' PO Box 61 j Cutchogue, NY 11935 1 3. Service Type 12 Certified Mail ❑Express Mail i ❑Registered Return Receipt for Merchandise °M \ ❑Insured Mail ❑C.O.D. o o c qm 4. Restricted Delivery?(Extra Fee) Yes ¢:2 o�, z° 2 2. Article Number i (narmfor from service label) 7 013 1090 0001 5581 3701 PS Form 3811.February 2004 Domestic Return Receipt 102595-02-M-1540 ! �° -� ------ - rn c- - o �o cG ' SENDER: COMPLETE SECTION COMPLETE . . . ❑"H❑ � z Ln ■ Complete items 1,2,and 3.Also Complete A. Signature lz ❑Agent T ° > r-I item 4 if Restricted Delivery is desired. X m m o ■ Print your name and address on the reverse ❑Addressee m C3 so that we can return the card to you. B. R i by(P" e) C. Date of Delivery v } m $' a ■ Attach this card to the back of the mallpiece, n " ¢ - H � or on the front if space permits. X of d p cri D. Is delivery address d' t from it 1? ❑Yes rq ` 1. Article Addressed to: If YES,enter delivery address beW$b ❑No z M V James R.Fogarty o Georgeanna Fogarty d a M1 a PO Box 61 Cutchogue, NY 11935Service � o g 3. Type r >°, 1151 Certified Mail ❑Express Mail o t V [3 Registered f$Return Receipt for Merchandise R P o« a M [I insured Mail 1:3 C.O.D. c� 0 d rn c .0 m c0 rL rby" '-4 N. 4. Restricted Delivery?(Extra Fee) [3 Yes `0«m m 1 c ' co 2. Article Number ?1313 10911 0001 5581 37 2 5 (f(ansier from service label --- ` Cd rn bD r o S s cldd N O E CD Ps Farm 3811,February2004 Domestic Return Receipt _ - — --- ECLca0 v U W o rl�I-NDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Am -0 �3t P4 0 N ■ Complete items 1,2,and 3.Also complete A. SIj at a item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X !° ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from Rem 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Robert Barry Joyce Barry 1855 Depot Lane Cutchogue, NY 11935 3. S Ice Type Kertified Mail ❑Express Mail ❑Registered Ot Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) p Yes 2. Articlerfrom 7013 1090 0001 5581 3688 (transfer from service laben PS Form 3811.February2004 Domestic Return Receipt __ $0¢995.02-M-1540v-) 0 SOUTHOLD TOWN ZONING BOARD OF APPEALS RE: Depot Enterprises,Inc.. List of property owners-Agricultural District 1. SCTM#1000-102-6-23.2 Wickham Farmalnd LLC PO Box 928 Cutchogue,NY 11935 2. SCTM#1000-102-6-20.2 Wickham Farmland LLC PO Box 928 Cutchogue,NY 11935 3. SCTM#1000-102-2-9.2 Barbara Grattan 427 Ostrander Ave. --- _-___- Riverhead,NY 11901 -- 4. SCTM#1000-102-2-9.1 r, SENDER: COMPLETE THIS SECTION . . ON DELIVERY Robert Barry ■ Complete items 1,2,and 3.Also complete A. Sig�ure Joyce Barry item 4 if Restricted Delivery is desired. ❑Agent 1855 Depot Lane ■ Print your name and address on the reverse ❑Addressee Cutchogue,NY 11935 At that can return the card tyou. ue g, ceived by(Printed Name) C. Date of Delivery g � ■ Attach this card to the back of the e mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different item 1? 13 Yes Cutchogue -Development LLC If YES,enter delivery address below: 13No 2090 Spund Ave. Baia .-_H llow, NY 11933 3. Service Type lid Certified Mail ❑Express Mall ❑Registered 18 Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service/abeq 7 013 1090 00111 5581 3 718 _PS Form 3811,February 2004 Domestic Return Receipt 1025s5-0t.M.11m . • DELIVERY • • • ■ Complete items 1,2,and 3.Also complete A. Si n re item 4 if Restricted Delivery is desired. X Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Fl!M(Prin Name) D e f Dell gry ■ Attach this card to the back of the mailpiece, a 1 or on the front if space permits. D. Is delivery address different from item 1?TO Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Cutchorjue School District Getrftavirr i 3,&7 1)erroi- ti4V 3 vice Type Certified Mail Express Mall ❑Registered Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes - 2. Article Number (Transfer from service iabeO ?013 10 9 0 0 001 5581 37 3 2 PS Form 3811 February 2004 Domestic Return Receipt +02595-02-M-1540 • ETE THIS SECTION .MPLETE Th --CTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. SI t item 4 if Restricted Delivery is desired. O ent ' ■ Print your name and address on the reverse X Addressee so that we can return the card to you. g eived (P'�/ prN Name) C. D o Deliv i 111111 Attach this card to the back of the mailpiece, �6.� or on the front if space permits. A7TAPJ D. Is delivery address different from Uem 1? ❑Yes i 1. Article Addressed to: If YES,enter delivery address below: 0 No Barbara&attan 427 Os ALIer Ave. Riverhe NY 11901 3. Service Type EfCertified Mail 0 Express Mail 0 Registered a Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (transfer from service/abed 7 013 1090 0001 5581 3671 PS Form 3811,February 2004 Domestic Return Receipt --_ 102595-02-M-150 1 1 i • CHARLES R.CUDDY L I' ATTORNEY AT LAW 445 GRI FFING AVENUE RIVERHEAD,NEW YORK Mai)igAddress: TEL: (631)369-8200 P.O. Box 1547 FAX: (631)369-9080 Riverhead, NY 11901 E-mail: charles.euddy cr)verizon.net September 19, 2014 Zoning Board of Appeals Southold Town PO Box 1179 Southold,NY 11971 Attn: Vicki Toth Re: Depot Enterprises, Inc. Dear Ms. Toth: Enclosed please find an Affidavit of Mailing in connection with a hearing scheduled for October 2, 2014 along with green/white receipts and the green signature cards. Please make it part of your record. Very truly yours, I If CRC:ik Charles R. Cuddy Enclosures TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD.., NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING Depot Enterprises, INc. (Name of Applicants) Regarding-Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000-102-2-12.6 COUNTY OF SUFFOLK) STATE OF NEW YORK) - j� Charles R. Cuddy residin .at $ Marratooka Lane Matti tuck , New York, being duly sworn, depose and say that: On the 24th day of September 201 4 , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)-facing the street or facing each street or right-of--way entrance,* and that I hereby confirm that the Poster has remained.in place for seven(7)days prior to the date of the subject hearing date, which hearing date was shown to be octoher 2. 2014 . (Si afore) Sworn to before me this 4g0t Day of &--,te,,,.,bei , 20lq f IWONA KODYM Notary Public, State of New York (Notary rulilic) Qualified In Suffolk County Commission Expires March 9, 941 '� near the entrance or driveway entrance of my property, as the area most visible to passerby. 0 0 CHARLES R.CUDDY 1 ATTORNEY AT LAW 445 GRI FFI NG AVENUE RIVERHEAD,NEW YORK Mailij,g Address: TEL: (631)369-8200 P.O. Box 1547 FAX: (631)369-9080 Riverhead, NY 11901 E-mail: eharles.cuddy@verizon.net September 29, 2014 Zoning Board of Appeals Southold Town PO Box 1179 Southold, NY 11971 Attn: Vicki Toth Re: Depot Enterprises, Inc. Dear Ms. Toth: We are enclosing an Affidavit of Posting in connection with a hearing scheduled for October 2,2014 before the Zoning Board of Appeals. Very truly yours, 7 CRC:ik Charles R. Cuddy Enclosures 71 #11884 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s) successfully commencing on the 25th day of September, 2014. DORIS L. WILLS TRUST#6794-Request for Variances from Articles.XXIII and XXII,Sections 280-124 and 280-116B•and the Building 7Principal Clerk Inspector's August 4,2014 Notice of Dis- approval based on an application for a LEGAL NOTICE deck addition to an existing single fam- SOUTHOLD TOWN ZONING ily dwelling,at;l)less than the code re- BOARD OF APPEALS quired single side yard setback of 15 feet, THURSDAY OCTOBER 2,2014 2)less than the code required bulkhead PUBLIC HEARINGS ( setback of 75 feet,located at:1815 Bay- day Of 2014. NOTICE IS HEREBY GIVEN,pur- shore Road(adj.to Pipes Cove)Green- suant to Section 267 of the Town Law port,NY.SCTM#1000-53-4-8 and Town Code Chapter 280 (Zoning), 10:40 A M. • KYLE W Town of Southold,the following public NICHOLS#6795-Request for Variance hearings will be held by the SOUTH- from Article III Section 280-15 and the /1 - OLD TOWN ZONING BOARD OF Building Inspector's August 18,2014 No- vV' APPEALS at the Town Hall, 53095 lice of Disapproval based on an applica- eR STINA VOLINSKI Main Road, P.O. Box 1179, Southold, tion for building permit for accessory NOTARY PUBLIC-STATE OF New York 11971-0959,on THURSDAY in-ground swimming pool,at;partial lo- NEW CORK OCTOBER 2,2014. cation other than the code required rear No. 01 V06105050 9:45 A.M. • MIC A .i, ANCnN yard,located at:830 Deerfoot Path Cu- yard, 5) accessoryarae t g, 8 proposed in 1:�p•M•-MULAM F [.RF,i.i.A 9753-(adj.from August 7,2014 PH) tchogue,NY.SCIM#1000-10344 a location other than the front (water- r rand GARY D. OSBORN#6773 - Re- IL-00 for Variance from Article XXII IL-00 A.M.-RYAN and C]ffglSTINA front)or rear yard,located at:8100 In- quest for Variances from Articles XXIII, Section 280-116B and the Building In- WILSBER #67%- This is a request dian Neck Lane(adj,to Hog Neck Bay) XXII and III,Sections 280-56,280-116B spector's March 17,2014 Notice of Dis- for a Waiver of Merger under Article II, Peconic,NY.SCTM#1000-86-7.9 and 280-14 (Bulk Schedule) and the approval based on an application for Section 280-10A,to immerge land iden- j1:40 a,M .NnRTu FDArt 12a . Building Inspector's August 7, 2013, building permit for"as built"accessory tified as SCTM#1000-122-5-23.4,based14iI�II_ TY THFAT>ER#6793-Request amended and renewed May 19, 2014, structures (shed/deck), at;.l) less than on the Building Inspector's September 2, for Variance from Article X'Section 280- amended June 2, 2014, amended July the code required bulkhead setback of 2014 Notice of Disapproval,which states 46(Bulk Schedule)and the Building In- 14,2014,Amended September 17,2014 75 feet, located at: 8740 Peconic Bay adjoining conforming or nonconform- Spector's June 23,2014 Notice of Disap- Notice of Disapproval based on an ap- Boulevard (adj.to Great Peconic Bay) ing lots held in common ownership shall proval based on an application for build- plication for building permit for partial Laurel,NY.SCTM#1000-126-5-2.1 j merge until the total lot size conforms ing permit for additions and alterations demolition, reconstruction, additions 9:50 A M • DOUGLAS and LEE to the current bulk schedule(minimum to existing theater building, at; 1) less and alterations of an existing single fam- BIVIANO#6760-(adj.from 9/4/14 PH) 40,000 square feet in this R-40 Resi- than code required rear yard setback of ily dwelling,at;l)less than the code re- Applicant requests a Special Exception dential Zone District)this lot is merged 25 feet,located at:12700 Sound Avenue quired front yard setback of 35 feet,2) under Article III,Section 280-13B(13). with lot 1000-122-5-23.5,located at:3549 Mattituck,NY.SCTM#1000-141-4-32.4 less than the code required single side The Applicant is the owner requesting and 4095 Ole Jule Lane Mattituck,NY L00 P.M.. PATRrrrr e a n..�.., yard setback of 25 feet,3);less than the authorization to establish an Acces- SCTM#'s1000-122-5-23.4&23.5 Ibis is a request for cede required combined side yard set- sory Apartment in an accessory struc- 1L•20 A.M. - BARBARA ADAM a Waiver of Merger under Article 11, back of 50 feet,4)more than the code ture, located at: 1125 Pequash Avenue and JAN NICHSection 280-10A,to unmerge land iden- permitted maximum lot coverage of (corner Willow Street) Cutchogue,NY. - Request for Variances from Article tified as SCIM#1000-41.4-14,based on 30%,5)less than the code required bulk- SCTM#1000-103-7-20 XXII Section 280-116B and Article the Building Inspector's May 15,2014 head setback of 75 feet,6)more than the 10:00 A.M. - MICHELLE PE ,I.F- XXIII Section 280-124 and Section 280- Notice of Disapproval,which states ad- code permitted 2 stories,located at:1200 TIER #6784 - (Adj. from 9/4/14 PH) 15(F)and the Building Inspector's May joining conforming or nonconforming First Street(adj.to Great Peconic Bay) Request for Variances from Article III 28,2614,amended July 29,2014,amend- lots held in;common ownership shall New Suffolk,NY.SCTM#1000-117-7-30 Section 280-15 and the Building Inspec- ed August 4,2014 Noticeof Disapproval merge until-the total lot size conforms 1._e45 PM,-WIL i�iAM tor's July 18,2014 Notice of Disapproval based on an application for building per- to the current bulk schedule(minimum wid GARY D.OSBO N#6789-This is based 'on an application for building mit for partially demolish and relocate40,000 square feet in this R-40 Residen- a request under Section 280-146D for an permit for 'as built' accessory sheds an existing single family dwelling as an tial Zone District)this lot is merged with Interpretation of the Town Code,Article and hot tub, at; 1) proposed location accessory building,construct a new sin- lots 100041.-1-12&15, located at: 105 111,Section 280-14(Bulk Schedule),ap- other than the code required rear yard, i gle family dwelling and construct a new Main Street,100 Wilmarth Avenue and pealing the Building Inspector's August 2) 10X10 shed located at less than the, accessory garage,at;l)less than the code 1220 Wilmarth Avenue Greenport,NY. 7,2013,amended and renewed May 19, code required minimum side and rear required setback of 75 feet from the SLIM#1s1000-41:1-14,15&12 2014, amended June 2,2014, amended yard setback of 5 feet,located at:53(aka bulkhead,2)less than the code required 1;211 p.M..DF.pOT gNonn.co� July 14,2014,revised September 17,2014 350)Osprey Nest Road(corner Harbor front yard setback of 40 feet,3)less than I_This is a request under Sec- Notice of Disapproval building permit Road)Greenport,NY.SCTM#1000-35- the code required rear yard setback of tion 280-146D for an Interpretation of for partial demolition, reconstruction, 6-17 40 feet,4)accessory building in location the Town Code, Article VIII, Section additions and alterations of an existing other than the front(waterfront)or rear 280-38,"Permitted uses",appealing the single family dwelling,at;1)more than Building Inspector's July 28,2014 Notice the code permitted 2.5 stories„located of Disapproval for"as built"permit to at:1200 First Street(adj.to Great Pecon- convert the single family portion of an is Bay)New Suffolk,NY.SCTM#1000- existing non-conforming fitness club 117-7-30 building to a retail flower shop(not a The Board of Appeals will hear all permitted use),located at:29325 Main persons or their representatives,desiring Road (Depot Lane) Cutchogue, NY. to be heard at each hearing,and/or desir- SCTM#1000-102-2-12.6 ing to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than desig- nated above. Files are available for re- view during,regular business hours and prior to the day of the hearing. If you have questions,please contact our office at,(631) 765-1809,or by email: Vicki. Toth@Town.Southold.ny.us. Dated:September 8,2014 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIR- PERSON BY:Vicki Toth 54375 Main Road(Office Location) 53095 Main Road(MkWng/USPS) P.O.Box 1179 Southold,NY 11971=0959 1188417 9/25 BOARD MEMBERS SOF $ Southold Town Hall Leslie Kanes Weisman,Chairperson � yQlo 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantest Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing �'� i0 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCOUM`I,� 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 FROM: Leslie K. Weisman, ZBA Chairperson DATE: August 6, 2014 SUBJECT: Request for Comments ZBA#6791 —Depot Enterprises Inc. The ZBA is reviewing the following application, and enclosed copies of, 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 HEARING VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED DEPOT 102-2- #6791 10/2/14 280-38 8/1/14 ENTERPRISES 12.6 INC. RO Zone Your comments are appreciated by one week prior to above hearing date. Thank you. ` 4J Encls. �A i' iJ BOARD MEMBERS OF SSU Southold Town Hall Leslie Kanes Weisman,Chairperson * jyQlO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantesc Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Kenneth Schneider CQ.�y,�`+ Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 August 6, 2014 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County,Administrative Code: ZBA File #6791 Owner/Applicant: Depot Enterprises Inc. Action Requested: Interpretation — Flower Shop Use in RO District Within 500 feet of: (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA .Chairperson Bye--'�` � c Encls. BOARD MEMBERSQF SOSouthold Town Hall �o�� !/Tolo Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantest Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning �p a�� 54375 Main Road(at Youngs Avenue) Kenneth Schneider IyCQ(f�(,��'` Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax (631)765-9064 November 6, 2014 Charles R. Cuddy P.O. Box 1547 Riverhead,NY 11901 Re: ZBA Application#6791 —Depot Enterprises Dear Mr. Cuddy: Transmitted for your records is a copy of the Board's November 6, 2014 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for interpretation. If you have any questions, please call the office. Sincere V� Vicki Toth Zoning Board Assistant Encl. Cc: Building Dept., Planning Dept. ti SEE SEC.NO.098 MATCH __LZ- dl ��..a7./�`�lG•��/���`� �""��• JNE MATCH INE L�// N314242 - --�--- A MAIC 26 1,64 2.7 Iva, 07 -/a•� A� N 16.IA(c) lOa Oq /012 ---6 -,,23.-7 l 25 OEVE/.oMffN)wGN/A �O� s� y� DOOR )A * O 2E '9 S • ` / _ 4 A( �b w B / .52A(c) A . e t 9.2 m 25.6A / a A9.11 1% o / y 1.11A PI oV de? IVc 41 .y ti B IV b 1y 1 17 a.nn(e) P BAA(c) w CUTCHOGUE 5ZHOOL �• m \ wo OIS116CT • 'V,p"ly 23.2 6.4A ) _ (LORNn•OF SUFfOtK 9.2 8 OEYEIOPYEHTMGHTS) �i 2.3A(ca � � A �� / c •�s a 9.4 7 �2.6A 1-1A(c) r •� / / 1 mak/ � 33.4 y�• q 202 5AA(c) 9.6 0 .h w A ♦ 32.2A(c) rl Z ,, 22 33.(' $ 8 a '.' y�4 13.1 1c) Z STATEOF ) I G € SA CUTCHOGUE FIRE DISTRICT NEWYORK A 16.1 Z $ ROMANCANKIIICCHUROH OF THE SACRED HEART 4 "' 10.1 24 N 2.3A = w Q7OC�nF'q, ,�b V K LP 312 N3, M2 �4 Nor+cE COUNTY OF SUFFOLK © K °°" °" TOWN OF SOUTHOLD SECTION NO � f wNNrENANCEALTERATION,SALE OA y, Real Property Tax Service Agency v ,)02 DIS'IRIBI111pN OFANY PART pN OF Nl1AGE OF SUFFOU(GOVNIY TAX kV 13 PRpHI&TED r County Cxlly RiVtrlleatl•N Y 11901 ,a, In ,a3 M "7"q NRHTTEN PERMISSION OF THE "y SCALE�N FEET 4 ` 8 2G0 o no aao A DISTRICT No 7000 PROPERTY MAP RFK PROPERTY TAX SERVICE AGENCY P ,O9 CONVERSION DATE'Nw 22,1011 BOARD MEMBERSSouthold Town Hall o Leslie Kanes Weisman,Chairperson y> ISO SOuryQ� 53095 Main Road• P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing Q �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider IyCO(f ,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 November 6, 2014 Charles R. Cuddy P.O. Box 1547 Riverhead,NY 11901 Re: ZBA Application#6791 —Depot Enterprises Dear Mr. Cuddy: Transmitted for your records is a copy of the Board's November 6, 2014 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for interpretation. If you have any questions, please call the office. Sincere , Vicki Toth Zoning Board Assistant Encl. Cc: Building Dept., Planning Dept.