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HomeMy WebLinkAbout6823"4,,S t�5i�o�Tiv d X-1 r/ 5 c a bib -&3 E60k- �C : cIh - Ic,6r�i 4� A2 by 1YI KDsnny,Dt,4 s�-064GC134 i,,Oe-ge Fo- ( �eJ 4o -y -- BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 RECEIVE® 00 Il -LF/ tun F B 4 2201�� Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 22, 2015 ZBA FILE: 6823 NAME OF APPLICANT: 115 Commerce Drive, LLC / 2232 Roses Brook Farm, LLC PROPERTY LOCATION: 115 Commerce Drive (Depot Lane), Cutchogue, NY SCTM# 1000-96-01-1.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions; without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 29, 2014 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject parcel is a conforming lot located in the LI zone district. It is improved with a two story metal building. It has 48.56 feet of frontage on Commerce Drive, 513.60 feet along the eastern property line, 173.70 feet on Depot Lane and 440.97 feet along the western property line as shown on the survey prepared by Kenneth H. Beckman, LS, dated October 1, 2008, last revised 11/12/2014. BASIS OF APPLICATION: Request for Variance from Article XV, Section 280-63 (Bulk Schedule) and the Building Inspector's December 1, 2014 Notice of Disapproval based on an application for building permit for construction of an "as built" third floor conditioned space to an existing commercial building, at; 1) more than the code permitted maximum two stories. RELIEF REQUESTED: The applicant requests a variance to maintain the as -built "conditioned space" above the caretakers apartment as a third story where the code permits the maximum of two stories, as shown on the architectural plans prepared by David A. DiGiovanni, R.A., dated 11/11/2013; sheet A-5 Attic Floor Plan and sheet 6 Elevations, and the as -built survey of property by Kenneth H. Beckman, L. S., last dated 11/12/2014 ADDITIONAL INFORMATION: The subject parcel was granted variances in appeal #6259 to permit the construction of a 1, 435 sq. ft. accessory apartment to be used by a watchman/employee of the storage business, for security purposes within the subject public storage building, and to permit the subject storage building to have 75 feet of road frontage on Depot Lane, where the code permits a maximum of 60 feet of frontage. The proposed as -built third story conditioned attic space with stairs was not shown on the approved plans. The applicant/owner testified at the hearing that he would like to use the 3`d story attic space as a habitable home office in association with the as built apartment. The Board of Appeals received comments from the Southold Town Planning Board on Page 2 of 3 —January 22, 2015 ZBA##6823 —11'5 Commerce Drive, LLC/2232 Roses Brook Farm, LLC SCTM# 1000-96-1-1.2 December 26, 2014, indicating that because the as built third story habitable space is entirely within the interior of the as built commercial building, no change to the approved site plan would be needed. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 8, 2015, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1).. Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject space is internal and its use will not change the exterior size or appearance of the building. The existing second story 1,435 sq. ft. watchman's apartment was approved by the Board of Appeals as an accessory residential use to the principle storage business use in an LI Zone district. However, the Board finds that the `as built' third story expansion of the habitable apartment space is not in keeping with the character of the Light Industrial Zone District. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant has other first and second story areas within the subject building in which a conditioned space may'be utilized for the purposes proposed for the subject as -built third story conditioned space. 3. Town Law §267-b(3)(b)(3). The variance requested herein is mathematically substantial, representing 100% relief from the code. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this Light Industrial community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and the Planning Board has indicted that the as built third story habitable use has no impact on the approved site plan. However, the Board believes that the restrictions to access to this proposed as -built, habitable conditioned space, only through a staircase in one of the bedrooms in the apartment below, will reduce and impede the effectiveness of emergency services rescue efforts to the subject apartment and third story, posing a threat to the health, safety and welfare of occupants of the apartment in this commercial building. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The subject structure is newly constructed and the subject non -conforming as -built third story conditioned space was not submitted by the applicant in the original approved drawings. The applicant purchased the parcel after the Zoning Code was in effect and it is .presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief IS NOT the minimum action necessary to enable the applicant to enjoy the benefit of additional habitable space in the subject commercial building while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town 'Law 267-B, motion was offered by Member Schneider, seconded by Member .Weisman (Chairperson), and duly carried, to DENY the relief as applied for, subject to the following condition CONDITION: 1. The subject as -built 3rd story attic space shall be used solely for storage purposes and access to mechanical air handlers and shall be unconditioned and non -habitable. Page 3 of 3 —January 22, 2015 ZBA##6823 —115 Commerce Drive, LLC/2232 Roses Brook Farm, LLC SCTM#11000-96-1-1.2 That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Dantes. (Absent was Member Goehringer). This Resolution was duly adopted (4-0). E r Leslie Kane`s Weisman, Chairperson Approved for filing / / �) /2015 LMSPM < < < � O < NOTE: . I BEARING WL CMIRLRE mP) (LLA09Bf9N/ 7P1Rf6f1T'P) (CLAS BPWU I. ALL PARTITro)15 TO BE TYRO V a 3 UON "i 6 f DOUBLE FRAPBN6 AROUND STAIR O1'N6 (TYP) 3 2. ALL OFFWAAW,MENT PART1TOG TO TYPE UOwHrTYP) BE / FIRST FLOOR PIANMLNNL [o (� 'T moa mPi 5MOIQ TIONT-CMT SMOKE TONT .DNR ry ®19 13,9H6 eF I/H" • I' -O" • GONG. OL".QOL".W GONG. BLOCK 0WA) MRK fR. P00 ML -'r) ASS?QY M. P U901 3 Pox RATES A5E@RY w r LAM 2 x STRAPP4K 3 NOIR RAT® 10.10 10.30 0x30 10.30 to. 50 T 0x30 0.30 - ZU. `. .... -. -. ', .,._ LR. p CONDITION - A �j z O Et O ry s n 4 GONG SPANN6 HALL ON PETAL r YP) HIGH STORAGE /SELF STORAGE I/�" • I'-0" O SELF STORAGE/ OFFICE / APPARTMENT 1/Z' • 1'-0' _ E% T 4 1 an VCML „; � COU 8t OFFICE :o 3'"STL WIL ry (2)I�" x 14 L! 1'3'•' x 14 ML FLU w/16' x 19 FLITCH dLUSh North Fork Self Storage roe I�� dgtE D'wQy p O - Ist FLOOR PLAN Q 11.211.24.W444 UPDATED 5TAIR5. 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P00 ML -'r) ASS?QY M. P U901 3 Pox RATES A5E@RY w r LAM 2 x STRAPP4K 3 NOIR RAT® PETAL FRHWIB HOODiRB5E5 - ZU. `. .... -. -. ', .,._ CONDITION - A CONDITION - B n HIGH STORAGE /SELF STORAGE I/�" • I'-0" O SELF STORAGE/ OFFICE / APPARTMENT 1/Z' • 1'-0' REV 1910 NS >•� •L� M1! AM INnRlM Q IEROCE ALD AReM PRpCRiYQ MMGMICT, M��PR North Fork Self Storage roe I�� dgtE D'wQy p �DAA Ist FLOOR PLAN Q 11.211.24.W444 UPDATED 5TAIR5. ELEVATOR AHD LNT5 PER A5 BUILT •-�A witmwollt Vat" PL. P" A Dwell" no wvLLa Itov NwW M" PIT AIO awal' OF MW W&Low" ro Awr ommwwwT Ns Commerce Drive Cutchogue, New York xec<e _. ,4t6, '',, �gq, r�k DiGiovanni Associates Architects Z6 Preston avenue ssa cliff,11579 a.516)io iia5 Ar o e IIAV3013 A A A -TTL A5 NOTED 5 OF 6 a a A.I <o r I I I I I I - I 1 I I I I 1 I Sox 25 0.50 10x90 wv30 10«30 10.90 10x90 10x90 10x330 10.W q I ' 4 Lr P STAIR 41 ��A KITCHEN i N YO Ex LT 5 19R I • POST TO OROOM 5TUDY 4 �'I woeE � T ' - � r! SPANDRa BE IMARMS NALL ( ) P05T TO —i h Q - — - — - - - - — — - _ — - FIfEWALL _ - v I W 1 14' L RID6E3 -27' ' I,� o o 84TR LININS INt RM. o • 1 • O 5 NOIR LONG b' RREWALL — — — — -- — — — — —bI taAL i 1 p LITE OF ML RI x�AY4UN6 — — — - � MIL. 4 0 ;�, o � O I ROG - SIN S T TT - EX LT� - - 4, A - .\ YN.® ( —1 IIx gFLAT L IO x I4 10x9 6 -----y - li R b ROOF PORTION I I f l,l- i —_—__— ��._ ( ( / ABOVREOFE 10.20 10 . SS 10.16 I STAIR M I � I I 10.39 10x 8 I oxr I I I I mq I DN 10a� 1 19R 9 4 PL1 A fA I I I I I I I I I HOOD FRASE GOVT 410 aN < 0 <q SECOND FLOOR PLAN = yy ** o * NOTE: 7;Z PARTITIONS TO BE TYPE Q U04 (TTP) PPRTITIONS 1. ALL oFFIGFJ<3> n A p► , I JON JON M(ttT ro BE TYPE ®P) ( ANktY ROM "---_-_.--_-_--------------- f I i II 1 I (fes 7 RECEIVED 0 _.. _.._ ST .. —.. _.. ry.. _.. _.. — SPRINKLERED o I t � FLAT FLAT RXF OEC F z a 14 y DN 0 I , _ _ / ZONING BOARD OF APPEALS o y ATTIC FLOOR PLAN s ROOF PLAN A-2 CONDITIONED SPACE I/8" = I'-0' A- 10,402 9f 1/16' s I'-0" R I!V 1910 N5 MxA�µ�T��'"°"'TF AR M FaOFpltt Q M AaW1eGT. T,,,„ L a� LFa,�,• ,� AR, ora.aa AID • A L ae ORMOM "NR Flab lIT AID GLLWTItY Q YDRC ND ALLLHVY2 sxnL es woe aN aevLF OF M LCNIRALTpI FOR Al1Y nOg10R 1aaLiL, QI N6 FAM. North ForkSelf Storage Commerce Drive Cutchogue, New York 10. I�� A� ¢ O�GNJ O d9 p. Y��.� W . r ts�b° + �>E"'.. ■ • 2nd FLOOR PLAN Q II/L2/14 ADDED ATTIG/5T0RA6E AREA ® 1124.2014LPDATED STAIRS. ELEVATOR AND LINTS PER A5 BUILT w n w DiGiovanni 8 Associates Architects 28prestonavanue sea DIIR, oy „sr9 lax(5 6)759839 o. untaa3 A-5 e c x NOTED X OF B III I�NNNIIINNNNNNIIIII!, I B YLVA El �ND 4POUNTY OF SUFFOLK • Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner December 29, 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: RECEIVED .IAN 0 6 0;*a BOARD OF APPEALS Division of Planning and Environment 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 115 Commerce Dr. LLC/2232 Rose Bnok Farm LLC 6823 Estate of William Wood Jr. 6824 Nikolakakos, Stelios & Penelope Teperman, Lewis Pavlou, Andreas Nappi, Rick 860 Bayview Drive LLC Turner, David 10 0Sw f 6825 6826 6827 6828 6829 6830 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner H. LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY, 4th FI ■ P.O. BOX 6100 ■ HAUPPAUGE, NY 11788-0099 ■ (631) 853-5191 PLANNING BOARD MEMBERS PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman D%' Members of the Planning Board Date: December 23, 2014 Re: Request for Comments for 115 Commerce Dr LLC SCTM#1000-96-1-1.2 ZBA # 6823 44 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 www. southol dtownny. gov RECEIVED BOARD OF APPEALS The Planning Board received your request for comments regarding the above - referenced area variance application for an "as -built" 3rd floor conditioned space. It is our understanding that the change is entirely interior; an attic space of approximately 1,000 sq. ft. was finished and made habitable. This change expands the habitable space of the watchman's apartment, but did not change the exterior size or appearance of the building. While the change may be significant from the perspective of the variance originally granted, there would likely be no effect from this change on the operation of the site. For this reason, the Planning Board will not be reviewing an amended site plan, and has no comments on this application. If you should have any questions or require additional information, please do not hesitate to contact the Planning Office. DONALD J. WILCENSKI Chair WILLIAM J. CREMERS PIERCE RAFFERTY JAMES H. RICH III \\� MARTIN H. SIDOR V PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman D%' Members of the Planning Board Date: December 23, 2014 Re: Request for Comments for 115 Commerce Dr LLC SCTM#1000-96-1-1.2 ZBA # 6823 44 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 www. southol dtownny. gov RECEIVED BOARD OF APPEALS The Planning Board received your request for comments regarding the above - referenced area variance application for an "as -built" 3rd floor conditioned space. It is our understanding that the change is entirely interior; an attic space of approximately 1,000 sq. ft. was finished and made habitable. This change expands the habitable space of the watchman's apartment, but did not change the exterior size or appearance of the building. While the change may be significant from the perspective of the variance originally granted, there would likely be no effect from this change on the operation of the site. For this reason, the Planning Board will not be reviewing an amended site plan, and has no comments on this application. If you should have any questions or require additional information, please do not hesitate to contact the Planning Office. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: December 1, 201 �� �../ RECEIVED TO: Marty Kosmynka of 2232 Roses Brook Farm LLC ®E� U 2014 115 Commerce C tchogue NYD11935 r. ZONING BOARD OF APPEALS Please take notice that amended construction drawings of 11/25/14 For the construction of a third floor at Location of property 115 Commerce Dr., Cutchogue County Tax Map No. 1000 - Section 96 Block 1 Lot 1.2 Is returned herewith and disapproved on the following grounds: The "as built" construction is not permitted pursuant to Art. XV, Section 280-63, Bulk Schedule, the maximum permitted stories is 2. The "as built' plans indicate a 3rd story conditioned space. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, ZBA 0 - ��3 RECEIVER OEC 5o2014 Fee: $ Filed By: Assignment No. ZE)N!Nr. ROOM F APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. Street (�/LJ/yl �C ;�� Hamlet "v %/tlroc7L)IJ— FT SCTM 1000 Section �Block _Lot(s)Lot Size7 f 6 S� Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 12 - / - ) O 1 Y BASED ON SURVEY/SITE PLAN DATED I ( -1 S ",7 ° Owner(s): MN T l�b�/� f�%�A O �� 32 fo9"L- /3900JC �/a/?t�c G C Mailing Address: 50 Co A" M �' Q c�a- �R� ��.' ��, 7-C Ho yude- I Telephone: 75V -� � 7 Fax: � 3 � - � � � Email: 9 76 `Q NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and nameofperson who agent represents: Name of Representative: 1109Rfy )405,1 c 9- for Owner ( )Other: —nn Address: 17© Zc0 tj,' G& n C t- !)l'2l ,JLS C (-C /4,4,7 u F 157 634 117 6th Email: Telephone: / J1 q- Fax. � • `� �N � �/ Plea a check to specify who you wish correspondence to be mailed to, from the above names: (" Applicant/Owner(s), ( ) Authorized Representative, ( ) Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED f 1 - 2 S - :l° / K and DENIED AN APPLICATION DATED / 2 - 1 ") 0/'*OR: ( ) Building Permit ( ) Certificate of Occupancy () Pre -Certificate of Occupancy ( ) Change of Use (/Permit for A -Built Construction g MIT # ()Other: 3 g 6' Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by nu b rs. Do not quote the co ) Article: V Section: �� ' 3 Subsection: /h�� //'l ��` ��'�' f7'- 2 Type of Appeal. An Appeal is made for: 970 /2 /g S ( ) 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. (--fInterpretation of the Town Code, Article �( V' Section 9 `r o - 63 ( ) Reversa r Other A prior appeal Khas, ) has not been made at any time with respect to this property, UNDER Appeal No(s). 2 5Cf Year(s). AAX;- 1 ? - ,_ r,0'7 . (Please be sure to research before completing this question or call our office for assistance) Name of Owner:�, � ^ �� ���� ZBA File# Name of Owner: ZBA File# REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted, because: 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: 3. The amount of relief requested is not substantial because: 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: L 5. Has the alleged difficulty been self created? { } Yes, or k No Why: tq -fTl L Are there any Covenants�orr--Restrictions c,-� cerning this lan o {�} Yes lease furnish a copy) This is the MINI MUM that s necessary( ae adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. //Signature off A pltor tricanAuhoized Agent (Agent must submit written Authorization from Owner) S om to before me this 15 day of 20 Notary Public VICKI TOTH Notary Public Stat@@ of New York No. O1`f06190696 Qualified in Suffolk County Commission Expires July 28, 2 j ( 0 •ate APPLICANT'S PROJECT DESCRIPTION APPLICANT: MA 97 / DATE PREPARED: 1. For Demolition of Existing Building Areas Please describe areas being removed: RECEIVED flEC ZONING BOARD OF APPEALS H. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: / .S / Y i//6 h Dimensions of new second floor: C#-) 91 7-64kt� Dimensions of floor above second level: •' Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? natural existing grade to first floor: 1'u I .5eC 0 -Fr/ ,cL,zs i /1 F /'L4% yes, please provide height (above ground) measured from IH. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: 6 7" / C j O 2 57-Y 1, y n, If 0 IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your properly: g G% 7 �C Proposed increase of building coverage: s % / O Square footage of your lot: v Percentage of coverage of your lot by building area:' f f�tl� C!/ twgz" V. Purpose of New Construction: (/ /S L / C jv K' 7 G L, i3 U lu ? l) Cil P if 7-.,4,9z x C) fir/ Gy.r` = /// ew 'S>'o Ae-q 6. 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): d % 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 RECEIVED FOR FILING WITH YOUR ZBA APPLICATION DEC E " ' tN A. Is the subject premise listed on the real estate market for sale? ZONING BOARD OF APPEALS Yes No B. Are here any proposals to change or alter land contours? No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? /J 0 2.) Are those areas shown on the survey submitted with this application? )V 3.) Is the property bulk headed between the wetlands area and the upland building area? 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? PO Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? PO E. Are there any patios, concrete barriers, bulkheads gr fences that exist that are not shown on the survey that you are submitting? P 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? IUD 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? U If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel jo (/ il t / C O #40 and the proposed use 5`13 1411e� (ex: existing single family, proposed: same with garage, pool or other) gX!-hure and Date If AGRICULTURAL DATA STATEMENTk�Fl�ft ?� ZONING BOARD OF APPEALS TOWN OF SOUTHOLD L" u c, f p y pp f pVAA �OARD OF.APPEALs WHEN TO USE THIS FORM: This WHEN must be completed b thea licant ora a 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: oA7, v ,,6j ,m A* -4 2. Address of Applicant: b C B M M t)e-C','" 3. Name of Land Owner (if other than Applicant): am #A t G- 4. Address of Land Owner: 0 c? 4tk Ar L -etc 17 A / o ,r. 5. Description of Pfnase d Project: f- b1 4lG �7 7'o R �a 6 L� �%j C, 1 L ) j�li G 6. Location of Property: (road and Tax map number)_%% 5Le 0 M A' /-, MA',- o f of z= q6 / l, Z 7. Is the parcel within 500 feet of a farm operation? { } Yes { } No 8. Is this parcel actively farmed? { } Yes { } No 9. Name and addresses of any owner(s) of 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 2. J-0/�� %�/c' P L_ .Ja c5 L/�yr2f�L t�liL� !Sh - ,Uct47F/Po '�G �] 3. r cry 330 cz-,-14ri2 fie R/velei(ene y l/g©) 5. 6. (Please use the back of this page if there are additional property owners) ignature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this 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. 11 U 617.20 Appendix B l! Short Environmental Assessment Form _ Instructions for Completing Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1^* ,R,,,,�e,s�,PR�S ���PEALS become part of the application for approval or funding, are subject to public review, and may be sub,tkt1"isb't'ifI'E�tibn. Complete Part 1 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 MAA Tav 19 U 5 /K z Al ATH Fare IC 5kl- F 5;'04 if 6 r Z Name of Action or Project: POATY FORK 70RHC F # Project Location (describe, and attach a location map): Z a/+a cif nR/ue �� S�v T/� pF Brief Description of Proposed Action: 7"p/v 1 >oAX /'v R �C �iJ� i rte & FF(ctr ri/''9cr wATc' 9moP 5 7Uva y �G� Tt oN , Y, 3 gcl s Name of Applicant or Sponsor: Telephone: G V r J 8 %�9 / C� j/ mmu)xl/'�`�/�� /��/�% K 7e # !r E -Mail: Address: 5�0 COWM I_J cir OR t ✓- City/PO: %#a C/ Cs State: it)l� Zip Code: 3 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordin ce, YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that :NO 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? YES If Yes, list agency(s) name and permit or approval: 3.a. Total acreage of the site of the proposed action? acee-eS y F b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on, adjoining and near the proposed action. C1Urban 11Rural (non -agriculture) if Industrial ❑ Commercial ❑ Residential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other (specify): ❑ Parkland Page 1 of 4 • 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES 7. Is the site of the proposed action located in, or does it adjoin, a state listed Cri�Wnw6i•bnmental Area? If Yes, identify: NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? -ZONING BOARp OF APPEALS b. Are public transportation service(s) available at or near the site ofhe proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? NO YES 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: S✓ 1� �J Q F CL` �15 OTAL NO YES 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NOYES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? 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: NO YES 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 by the State or Federal government as threatened or endangered? NO YES 16. Is the project site located in the 100 year flood plain? NO YES 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? E(NO ❑ YES b. Will storm water discharges be directed to established conveyance systems (runoff an storm drains)? If Yes, briefly describe: ❑ NSMYES I TOA l 19 k R /,u S NO YES Page 2 of 4 • 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: NO YES impact impact may may occur 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES / t/ 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? 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE / �m (� Applicantlspo �a FIN �� f" �� Date: / � / / Signature: 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 mate�vf[h�itted 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 a on?�i114 Z0%J% G BOARO ©F APP No, or small Moderate 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, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? Page 3 of 4 0 -eWa5 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. ZONING BOARD OF APPEALS ❑ 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) Page 4 of 4 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. ZONING BOARD OF APPEALS ❑ 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) Page 4 of 4 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emplovees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : Y,95 eil /i 12,of � M%' M r //J (Cast 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 0 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) RECEIVEr-- C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DEC DESCRIPTION OF RELATIONSHIP ZONING BOARD OF APP. -ALS Submittedthis day o40! ��2, Signature p 7- Print Name �//�% R u 6 0 �K (c)(?30 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 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. �EGEIVEC� B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# The Application has been submitted to (ch k appropriate response): ZONING BOARD OF APPEALS Town Board Planning Dept. Building Dept. [11 Board of Trustees 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: /9 C --,et C —"5 � ^ 14 E1-,-) a OA 0 0 '0"&ep Location of action: / 0 ml� �6rn C ivJ PR/ Site acreage: 7 /, "/ Present land use: 157E 94 & ,e � Present zoning classification: L- T 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: o .S /Y /7- (b) Mailing address: 90 C G' �'" � /" ► AP, C'e- ;rt' HCl-jeq0L (c) Telephone number: Area Code ( ) G 31` 7 3 Y - )-179 (d) Application number, if any: Will the action bedirectlyundertaken, require funding, or approval by a state or federal agency? Yes ❑ No L"J If yes, which state or federal agency? RECEIVED i:)EC 2014 DEVELOPED COAST POLICY ZONING BOARD OF APPEALS 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 ❑ Not Applicable • rp e; RECENEr DEC 5-` JG BOARD OF APPEALS 60 Fp-3 DEC 5 ' 2014 NG BOARD 01: APPEALS APPEALS G2ECEIVEC DEC 5' 2014 ZONING BOAR" �-- . ��� u Permit #: 38661 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE RECEIVEC SOUTHOLD, NY �E:C �15 ' 20f4Y BUILDING PERMIT ZONING BOARD OF APPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permission is hereby granted to: Date: 3/3/2014 115 Comm. Dr. LLC/2232 Roses Brook Rd Farm LLC 50 Commerce Dr---- Cutchogue, NY To: construct a new Commercial Building, including self storage, accessory office & caretakers apartment per ZBA & Planning Board approvals as applied for At premises located at: 115 Commerce Dr, Cutchoguue r SCTM # 473889 Sec/Block/Lot # 96. -1 -1.2 - Pursuant to application dated 12/19/2013 _ and approved by the Building Inspector. To expire on __9/6/2015. Fees: NEW COMMERCIAL, ALTERATION OR ADDITIONS $10,005.60 CO - COMMERCIAL $50.00 Total: $10,055.60 Building Inspector PEP'mk �3'C6��� '*J�l I 'Ro6 ISSUED TO Abad afm L ADDRESS-�-\ Qpmrcstru al 6 aroaK p DATE lapl&vi CcMMe,rc.C. Via suE This notice must be displayed during construction and returned to Building Dept. to get a certificate of occupancy upon completion of work. BUILDING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD SOUTHOLD, N.Y. ��PtR-%s q -6 -IS Ll r# 39iD513t) I LCI FIaAvrem LG •IP E F1 hi I In �" k' U �i gRlJ oFq LLCO PpFg4S ISSUED M8010�614— DATE 1 M This notice must be displayed during construction LO and returned to Building p. De tto get a certificate of LO occupancy upon completion of work. M r-1 BUILDING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD QjVr TjrUJW V% TT 17 Town Annex /Fitst Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 4a sorry 53095 Main Road P.O. Box 1179 tFCEIW96utlxdd. NY 11971-0959 ?014 hftp.1/3oothoWwn,norddW"G BOARD OF APyy i w i. r t YS - BOA" APR • t 1 M 4 1 i Tel. (631) 765-1809 Fax (631) 765-9064 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING DATE: APRIL 14, 2009 ZBA # 6259 — MARTIN KOSMYNKA, Contract Vendee/Applicant (sand M. MENSCH LLC) Property Location: 115 Commerce Drive and Depot Lane, Catchogae CTM 96-1-1.2 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property tinder consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. SUFFOLK _COUNTY AD=U TfRAllY CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14.14 to 23, and the Suffolk County Department of Planning issued its reply dated December 29, 2008 stating that this application Is considered a matter for tical determination as there appears to be no significant coun"Ide or inter -community impact i'ROPERTY FACTSMSCRIPTION: The applicant's 1.08 acre property is vacant land with 48.56 feet along the cal -de -sac at Commerce Drive, Cutebogue, and with frontage along Depot Lane for a distance of 173.70 feet. The property is located in the Light Industrial Zone District. &AAM OF APPLICATION Building Department's November 25, 2008 Notice of Disapproval, citing Section 100-43C in its denial of an application for a building permit for an accessory apartment within a public storage building is not permitted under the provisions of the zoning code for accessory uses. Also the Building Department's Notice of Disapproval states that under Section 280-64C, no single structure shall have more than 60 linear feet of frontage on one street, and the applicant is proposing 75 linear feet of frontage along Depot Lane. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 19, 2009 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal Inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: Y JUM RELIEF REQUESTED: The applicant wishes to add a 1,453 square foot apartment (dwelling unit) next to the 1,128 square foot of ee area, all within one of the proposed new bulb referred to as Phase 2, to be built for public storage use in this Light Industrial Zone District. The Page 2 - April 14, 2009 Z8 file R4 6251- Martin K9%...,ynk& and X MawA LLC CTM 96-1_1.2 r� r ;PIFs C uG applicant also needs relief from the 60 linear feet of building atom Depot Lane fogCelitWdWWW is ftPEALS of linear feet. REASONS FOR AQAU ACTION; On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1, Town Law §267-b(3)(b)(3)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby progertles. The shape of .the lot is wedge- shaped making it difficult to design a building that could conform to the 60 linear font requirement of the code. The new apartment (dwelling) unit will consist of 1453 square feet and b proposed for the purpose of residency by the manager -employee of the pubes warehouse facility'at this site. Access lathe storage units by the public b available 24 hours a day by the employees of the warehouse facility. if the variance were not approved, an employee would not be able to reside at the site as part of the management and security of the public warehouse operations. 2. Town Law §2674(3)(b)(3)(2). The benefit sought by the applicant for on-site living apace for the manager of the public warehouse facility cannot be achieved by some method, feasible for the applicant to pursue, other than by approval from the honing Board of Appeals for variance relief. Because of the wedge shaped int, the applicant needs to have the widest part of the facility near Depot Lane. The 75 linear footage of building has been designed architecturally in a z1g-zag shape and will be screened by heavy landscaping behind the buildini to soften the effect on Depot Lane. 3. Town Law §2674(3)(b)(3)(3). The variances granted herein are substantial, for the proposed accessory apartment's residential use in an LI Zone and for a building proposed with more than 60 linear feet along Depot Lane. 4. Town Law26'f-63x)(35 The difficulty was self-created when -plans were designed for a business with a residential tinct in a Light industrial Zone District and greater than the code limitation of 60 linear feet. 3. Town Law §267-b(3)(b)(3j(4). I No evidence has been submitted to suggest that a variance in, this community will have an adverse impact on, the physical or environmental conditions in the neighborhood. 6. Town Law §267-1),. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an apartment for the employee -manager of the public warehouse facility, and making the building more than 60 linear feet along Depot Lane, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF TIRE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-8, motion was offered by Member Oliva, seconded by. Member Weisman, and duly carried, to GRANT the, variances as applied for, as shown on the site layout map dated October 2M prepared by Kenneth H. Beckman, L.S. and plans Al, A2, A3 prepared by DI Giovenut and ` Page 3 - AprH 14,200 s ZIr F ik Ref. 6259- Ms�rna I< nn!eM.MmcbUC �,Y(J/ CTM 96-1-I.2 Associates, Architects on 11/17/08, subject to the (•dowing: 1) The site approved is for 1453 square foot (apartment unit) within this building; 2) The purpose shall be for residency by a manager-employt* of this public storage building. Any deviation from the variance given such as extensions, or, demolitions which Are not shown on the applicant's diagrams or survey site maps, are not authorised under this application when Involving nonconformides under the zoning code. This soon does not authorize or condone any cot rent or future use, setback or other feature of the subject property that nay violate the Using Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration, that does'not increase the degree of nonconformity. Vote of the Board: Ayes: Members G This Resolution was daly adopted (5-0). MAM P. GGEHRINGER, CHAT u /2009 Approved for Filing R, mWn, r. ? EC FFTV IF I` ZONING BOARD OF APPEALS APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando Jams Dinizio. Jr. Michael A. Sinton http:1/4Amtholdtown.nonhf(wk.net BOARD OF APPEALS TOWN OF SOUTHOLD • Southold Town Hall 5.1095 Main Road* P.O. Box It 79 Southold. NY I t971-0959 Off" Location: Town Annex /Fir;t Floor, Notth Fork Bank 54375 Main Road (at Youngs Avenue! Southold. NY 11971 Tel. (631) 765-1809 - Fax 4631) 765-9064 ZONING BOARD OF APPEALS FINDINGS. DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 1, 2005 ZBA Ref. 5778 — MONTAUK BUS SERVICE, INC. Property Location: 115 Commerce Drive, Cutchogue CTM 96-1-1.2 Wo i) §EQRA 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. PROPERTY FACI§QESCRIPTION (with 2gff_egJjQ0): The applicant's 47,166.6 square foot parcel is vacant land with 48.56 feet along Commerce Drive In Cutchogue. The property is shown as Lot 2 on the Map of North Fork Industrial Park filed January 27, 2005 with the Suffolk County Clerk. BAST § OF APPLICATION: Zoning Code Section '100-1418{6), and Building Inspector's July 26, 2005 Notice of Disapproval, stating that special exception approval from the Zoning Board of Appeals is requited for a proposed bus terminal business use, as well as site plan approval from the Town Planning Board. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 17, 2005 at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. REASONS FOR BOARD ACTION; On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings. 1) The applicant seeks approval for a new school bus terminal facility on Lot 2, Map of North Fork Industrial Park filed January 27, 2005, located in the Light Industrial Zone District. It is the determination of this board that the operations as a bus facility will not in any way alter the character of the neighborhood or industrial use district. The bus terminal in this location will enable the carrier to provide school bus service to the Mattituck-Cutchogue School District without unduly burdening town roads. 2) A school bus terminal use is a permitted use under Zoning Code Section 100-1418(6). 3) School bus transportation is an essential service, and construction of a bus depot in a Light Industrial District will have less impact on surrounding properties than it would at other locations. 0 0 Page 2 - December 1, 2005 Appl. N& 5778 -- Montauk Bus Service, Inc CTM 96-1-1.2 EGEIVE!`: iE L 2014 ZONING BOARD OF APPEALS 4) In addition, the Board has reviewed the General Standards governing Special Exception uses set forth in Section 100-263 and finds: 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 requested use is Dated or of permitted or legally established uses in adjacent use districts. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed fitness facility use and its location. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. E, That 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. F. That all proposed structures, equipment and material shall be readily accessible for fire and polio protection, G. A response was receiver! on November 16, 2005 from the Town Planning Board indicating that reviews are pending and that additional information will be requested from the applicant to be considered complete. BOARD RESOLUTION: in considering all of the above factors and applying the standards set forth In New York Town Law and the Town Zoning Code, motion was offered by Member Simon. seconded by Member Dinizio, and duly carried to 1, That screening shown on the July 13. 2005 revised survey site plan prepared by Joseph A. Ingegno shall be continuously maintained to shield the premises from view from Depot Lane. 2. That the Zoning Board of Appeals reserves the right to inspect the screening. 3. That the site be devoted exclusively to the storage and maintenance of school buses. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, Dinizio and Simon. This Resolution was duly adopted {5-0}. �--..� ca. Ruth D. Oliva, Chairwoman 20/06 AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS RECEIVED DEC 5 ' 2014 THIS DECLARATION made on this G" -day of March, 2006, WNING BOARD OF APPEALS Tide Group, Inc. hereinafter referred to as the DECLARANT, as the owner of premises located at County Road 48, Cutchogue, New York and known as the Map of North Fork Industrial Park filed in the Office of the Clerk of Suffolk County as map No. 11215 and described (hereinafter referred to as the PREMISES) as SCTM No. 1000-096.00-01.00-001.000 desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: WHEREAS, DECLARANT has previously filed with the Suffolk County Clerk covenants and restrictions in liber 12367 at page 87, and the DECLARANT hereby seeks to amend the covenants and restrictions filed only to the extent set forth herein; and WHEREAS, the Planning Board of the Town of Southold consents to the amendment of the covenants and restrictions upon said land; and NOW, THEREFORE, the DECLARANT, its successors and/or assigns hereby sets forth the following covenants, agreements and declarations against the above described property: 1. The DECLARANT hereby agrees to reduce the 20 foot wide vegetative buH'er area along the easterly line of the Map of North Fork Industrial Park filed in the Office of the Clerk of Suffolk County on January 27, 2005 to a 5 foot wide buffer along the easterly line of lots 4 through 8 inclusive. Description of said change is attached hereto and made a part hereof as Schedule A. 2. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. RECEIVED 3. This document is made subject to the provisions of all laws DEC .5 v 2014 required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as thOUgh fully WING BOARD OF APPEALS forth. 4. The aforementioned Restrictive Covenants shall be enforceable by the Town of Southold, County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said Town to enforce the same shall not be deemed to affect the validity of this covenant. 5. 7'liese covenants and restrictions shall rtus with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the majority plus one of the Southold Planning Board, or its successor body, following a public hearing. 6. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The Tide Group, Inc. r By: L. S. Henry Jayn4, resident RECEIVED DEC 6 2014 STATE OF NEW YORK) ZONING gOARo G; APPEALS )SS: COUNakday FFOLK) On the of March, in the year 2006 before me, the undersigned, personally appeared HENRY RAYNOR personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose names(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. 4— NOTARY PUBL COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof, do hereby certify that I have compared the annexed with the original .........C��: �. v .. ...'^� .... CORDED in my office .... 1.1..1,14. � ............... and, that the same is a true y� ers, Y-7 d' copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this ............31 X 11 ./.Q. G .......... . , .. CLERK ........................ . OWNER TOWN OF SOUTHOLD PROPERTY RECORD CARD Q STREET VILLAGE DIST. SUN 4 xiwLOT A 1 '2 - ACR. c REMARKS TYPE OF 8LD. ' -D ori. 61 ,)s. h ). PROP. GLASS �L,4ff AND Imp- TOTAL DATE 2-1 ti 114 � 1 O� k coo-�� _--- ..-t-------------- R EIVED � s j ZONING BOARD OF APPEALS FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT 1O$C� TOTAL a1?eose, a1?eose, �J ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR, OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER o�OS%3FFO(,(Coe o� y� y Z oy� • o!� ri U OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 8, 2014 RE: Zoning Appeal No. 6823 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www.southoldtownny.gov Transmitted herewith is Zoning Appeals No. 6823 for Marty Kosmynka of 2232 Rose Brook Farm LLC -The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Notice of Disapproval to Marty Kosmynka of 2232 Roses Brook Farm LLC Dated December 1, 2014, 8 Pages of Photos, 2 Pages of Building Permit #38661, Building Permit #39105, 3 Pages of Findings, Deliberations and Determination Meeting Dated April 14, 2009 for ZBA #6259 of Martin Kosmynka, 2 Pages of Findings, Deliberations and Determination Meeting Dated December 1, 2005 for ZBA Ref. 5778 of Montauk Bus Service, Inc., Town of Southold Property Record Card for Tax Map No. 1000-96.-1-1.2, 3 Pages of Amendment to Declaration of covenants and Restrictions, 4 Pages of Drawings Showing the First Floor Plan, Second Floor Plan and Roof Plan, Building Elevations and Map of North Fork Industrial Park. ***RECEIPT*** Date: 12/08/14 Receipt#: 179347 (quantity Transactions Reference Subtotal 1 ZBA Application Fees 6823 $500.00 Total Paid: $500.00 Notes: Payment Type Amount CK #2741 $500.00 Paid By Llc, 115 Commerce Dr Llc/2232 Roses Broo Name: Llc, 115 Commerce Dr Llc/2232 Roses Brook Farm 50 Commerce Dr. Cutchogue, NY 11935 Clerk ID: SABRINA Internal ID: 6823 6 MFT, LLC P.O. BOX 48 CUTCHOGUE, NEW YORK 11935 Zoning Board of Appeals Town of Southold 53095 Main Road Southold, NY 11971 Dear Members of the Boards: a� * RECEIVED ,IAN 0 7 ? I BOARD OF APPEALS January 6, 2015 Planning Board Town of Southold 53095 Main Road Southold, NY 11971 MFT, LLC (MFT) is the adjoining owner of property to the north of Martin Kosmynka's property at 115 Commerce Drive, Cutchogue, New York (SCTM #1000-96-1-1.2). The purpose of this letter is not to object or interfere with Mr. Kosmynka's storage and rental business. It has come to my attention Mr. Kosmynka wants to have use of a third story on his newly constructed building adjacent to MFT's property. MFT does not object to the third story use. However, the Board should be aware Mr. Kosmynka at the time of construction excavated his property to lower it so the height of the building would not exceed 35 feet at the foundation knowing full well he was going to use three stories of interior space. When the project was commenced, the level of Mr. Kosmynka land and that of MFT's was pretty much at the same elevation. When the excavation began, seeing that he was lowering his property, MFT did some spot drainage ditches along its southerly boundary line to prevent any runoff from MFT's property to the Kosmynka property which was being lowered in elevation. When the construction was finished, rather than remove the extra soil due to his extensive excavation, Mr. Kosmynka created on his northerly boundary line a large berm. Portions of the berm run from 18 to 24 inches high along MFT's property line which is fenced. Rather than place a barrier on his property line, instead he used MFT's fence as a barrier. The results are obvious in that the berm caused several fence posts and the fence to lean. i. RECEIVED JAN 0 7 ?015 BOARD OF APPEALS Mr. Kosmynka has been requested to straighten and repair the damaged fence and posts, remove the berm or create a backstop along his property line so the soil would not press against MFT's fence. Although he has been requested to address this situation, nothing has happened. You should also be aware Mr. Kosmynka in the course of his construction violated the required Planning Board's Covenants and Restrictions which were required for approval of the industrial park subdivision. Mr. Kosmynka created a driveway across the landscape buffer from the westerly portion of his property to Depot Lane. He removed trees and other vegetation to have access during the construction. When the building was completed he left a gate which is obviously going to be used in the future for access. He did not replace any of the trees he had removed, but merely planted grass to camouflage his activities. Again, he was requested to replace the trees and remove the gate, but has not done so. To repeat, MFT has no objection to Mr. Kosmynka having access to Depot Lane across the landscape buffer. If the Town of Southold allows this access to continue, then MFT when its current tenant vacates the property and a building is built, MFT will be able to have access to Depot Lane as well as other property owners along Depot Lane. The main purpose of this letter is to inform the Town authorities of the complete picture. Very truly yours, MFT, LLC By Kathy 4ugenl, Office Manager cc. Southold Town Building Inspector Martin Kosmynka I-ek U/ A) 3-A fid RECEIVED -7- 0 JAN 2 201� a" A a3 ZONING BOARD OF APPEALS z C/Yt 4-L- 6L"�u aw -uz, . lq Ir w�-G� z7 a> J A N 2', 14M �5' ZONING BOARD OF APPEALS { ` l Date � �"' 0 URGENT!_11 tZ.UegP-_1'1' CA l l _arl C�,----- --4mu- r ------------------ f/ � ---------- ------------------ - ----------- simper C� BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider OF SOUjyo� � O COUNTi http://southoldtown.northfork.net 0 Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 8, 2015 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, JANUARY 8,2015: 1:30 P.M. - 115 COMMERCE DRIVE, LLC/2232 ROSES BROOK FARM, LLC. #6823 - Request for Variance from Article XV, Section 280-63 (Bulk Schedule) and the Building Inspector's December 1, 2014 Notice of Disapproval based on an application for building permit for construction of an "as built" third floor conditioned space to an existing commercial building, at; 1) more than the code permitted maximum two stories, located at: 115 Commerce Drive (Depot Road) Cutchogue, NY. SCTM#1000-96-1-1.2 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.nv.us Dated: December 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 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME 115 COMMERCE DR. LLC/2232 ROSES BROOK FARM LLC #6823 MAP # 96.-1-7.2 VARIANCE NUMBER OF STORIES REQUEST "AS BUILT" 3'd STORY CONDITIONED SPACE DATE: THURS, JAN. 812015 1:30 PM If you are interested in this project, you may review the file(s) prior to 4- he hearing during normal business days between 8 AM and 3 PM. ZONING BOARD -TOWN OF SOUTHOLD 765-1809 • TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS �l C&1A11V,02CL-1r %) pwc acly 32 R"5�'5 fj -az F,4Qr-f /1-c. 1,; (Name of Applicants) SCTM Parcel # WOO-:- COUNTY 000= COUNTY OF SUFFOLK STATE OF NEW YORK I, MIt R 1 1 A,1 KvS/K �'�'��" residing at 7'00-t' P -c A h New York, being duly sworn, deposes and says that: On the I q day of �f� , 20/Y, I personally mailed at the United States Post.Office in , 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 ( ) 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, surroe licant, -ro (Signature) oin td before me this r f L, 204 Eve L. GATZ-SCHWAMBORN NOTARY PUBLIC, STATE OF NEW YORK ' tary Public) Registratidn No. OIGA6274028 Qualified in Suffolk County Commission Expires Dec. 24, 2016 PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. ------------------� - sC> „-rk-v L --),,y / 9 Postal M Ln '• • MAIL. RECEIPT � 1 1 a Postage $LF) $0.49 4935 Certified Fee $3.34 0 Return Receipt Fee of CJ (Endorsement Required) $2.70 He Q $0.49 Restricted Delivery Fee . C3 (Endorsement Required) 34.40 19 t4, r� C7 Total Postage & Fees $ $6, 49 f /19/2014��b ( Return Recelguiredpt Fee$2.70 Endorsement Re Sent To rel S3 O S_refNo.; -----St ---------- r_ or POBox No. S -1 C> -Lo ZT-,Z 2� $ ------------------� - sC> „-rk-v L --),,y / 9 Postal Er CERTIFIED MAIL, RECEIPT Ir (Domestic Mail Only; No Insurance Coverage Provided) C3 Er uh _r A14WOeolojo 1AL USE1 1 rru Postage $ $0.49 0935 ra Postage $ Cerfified Fee Ln $3.34 46 r � Certified Fee Return Receipt Fee �l.l O (Endorsement Required) $2.70 Here � Return Receipt Fee �O (Endorsement Required) Restricted Delivery Fee Q`Q(.�� (Endorsement Required) $0 • ♦ Restricted Delivery Fee w; � (Endorsement Required) rU Total Postage & Fees $ + � 4t) f1l /19/201^' o Total Postage & Fees $ rU o r-3 __ L C NSC �/7LL "[Sent To - -- -- p eat, Apt. No: - -• Op, p -... 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ZIP+4 -------------------------------------- - >£, - 02rla Purr n)y ��? 6 8PS Forin 3800, AUgLIS, i 9 , • 0 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,, NEW YORK In the Matter of the Application of LLc- I Z R.5&.5 j (Name of Applicants) Regarding- Posting of Sign upon Applicant's Land Identified as SCTM Parcel #I000 - COUNTY OF SUFFOLK) STATE OF NEW YORK) - 1�6 AFFIDAVIT OF POSTING J614c - For4^14C I, &1q7-11,1 �U'��`/�F residing. at New York, being duly sworn, depose and say. that: On the day of J Vt r( , 2015 , I personally plated 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 th date of the subject hearing date, which hearing date was shown to be / ' / �7 (Signature) Sworn to before me this 0-�bay of UUM-kQY J , 2015 Eve L. GA1Z-SCHWAMB0pN OTARY PUBLIC, STATE OF NEW YORK Public)- Registration No:OIGA6274028 Qualified in Suffolk County Commission Expires Dec. 24, 2016 * near the entrance or driveway entrance of my property, as the area most visible to passerby. complete A. Sig re �"'• E3i�Mer y: desired. X Addressee an the reverse ❑ Registered ❑ Return Receipt for Merchandise 0*lerd to you. ec i fdf C. Date of Delivery f, tri the mdpiece, ❑ Collect on Delivery 11 D. Is deliverydifferent 1? Yes J Z If YES, ent eRri `low: 13 2210 0001 2344 9482 E Domestic Return Receipt r ,, �a' A/ 7 ! � 971 3. ice Type ICertified Mail° ❑ Priority Mail Express' ❑ R istered Cl Return Receipt for Merchandb@ 2. ArWO N~. (Amir from service kbeD Psltrm 3611, July 2013 � I ❑ Insured Mail ❑ Collect on Delivery 9 6 _�� t,p 4. Restricted Delivery? (Extra Fee) ❑ Yes 7011 0110 0002 5166 6360 Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this cans to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: " / /01QTHY M 91-4(.C. A Signal 13Agent X [3Addressee B. Received by anted Name) C. Date of Delivery D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: ❑ No m 141,yjf�- _I P.© g 3. Sam Type I Oro % &)qat 2. Article Number (ftnetbr from service label) PS Form 3811, July 2013 ■ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ■ Print your Herne and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the ftrd if spme porm ts. 1. Arg* ,A4kJowWtr. So ✓ 7"4V Lb 0 n/y //q-?/ a nature B. Received by (Printed Name) of R-(4 vJ s D. Is delivery address dllterent fro 17 If YES, enter delivery address ❑ �Q� 3. Segilce 1YPe Iified Mail* ❑ Priority Mail Express"' ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 9 6 „/-/ 4. Restricted Delivery? (Extra Fee) ❑ Yes L ^We Number7011 0110 0002 5166 6353 (f WAW fmm service lebe0 PS Form 3811, July 2013 Domestic Return Receipt Y Z h❑ d h q Al �ertified Mail® ❑ Priority Mail Express- 9 _ ,( ❑ Registered ❑ Return Receipt for Merchandise s N ❑ Insured Mail ❑ Collect on Delivery ✓✓✓ t� 4. Restricted Delivery? (Extra Fee) ❑ Yes J Z 7012 2210 0001 2344 9482 E Domestic Return Receipt r � COMPLETE 71-11S SECTION ON DFLIVER ■ ■ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ■ Print your Herne and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the ftrd if spme porm ts. 1. Arg* ,A4kJowWtr. So ✓ 7"4V Lb 0 n/y //q-?/ a nature B. Received by (Printed Name) of R-(4 vJ s D. Is delivery address dllterent fro 17 If YES, enter delivery address ❑ �Q� 3. Segilce 1YPe Iified Mail* ❑ Priority Mail Express"' ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 9 6 „/-/ 4. Restricted Delivery? (Extra Fee) ❑ Yes L ^We Number7011 0110 0002 5166 6353 (f WAW fmm service lebe0 PS Form 3811, July 2013 Domestic Return Receipt Y Z h❑ d h q Al � � N NA t� 0 J Z z J r � t 0% u1 a M ..a ..D Ln ru E3 O C3 0 rq O a a r_ 2 E U M 0 N #12033 �J 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 December, 2014. LEGAL NOTICE SOU'IROLD TOWN ZONING BOARD OF APPEALS THURSDAY JANUARY 8, 2015 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings will be held by the SOIL (H- OLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on'I' i_i_1RSDAY - JANUARY & 2015. "A.B ALLEN SANKOVICH MU — (adjourned from December 4, 2014PH by written request of owner) Request for Variances from Article III Section 280-15 and the Building Inspec- tor's July 21, 2014, 2014 Notice of Dis- approval based on an application for an "as built" location of an accessory in - ground swimming pool, at; 1) less than the code required side yard setback of 5 feet, 2) less than the code required rear yard setback of 5 feet, located at: 1240 Longview Lane Southold, NY. SCTM#1000-88-4-45 ISM A M .BERRY & BERRY: LLC. #6818 - Request. for Variances from Article XI Section 280-49 and the Building Inspector's March 8, 2012, Up- dated October 24, 2014 Notice of Dis- approval based on an application for change of use; convert dwelling to Busi- ness (office) and construct a four bay garage with office above, at; 1) less than the minimum lot size required for two principal uses, located at: 41535 main Road (aka State Route 25) Peconic, NY. SCTM#1000-75-5-13 10M -SO LAND- SCAPE. INC. 116822 - Request for Variances from Article XV, Sections 280-64A and 280-63 and the Building Inspector's November 5, 2014, amended December 1, 2014 Notice of Disapprov- al based on an application for bujlding permit to construct a commercial build- ing for landscape contractor's yard, at; 1) less than the code required front yard setback of 100 feet, 2) less than the code required minimum rear yard set- back of 70 feet, located at: 67575 Main Road (aka State Route 25) Greenport, NY. SCTM#1000-52-5-58.3 11;10 A14I_ .ESTATE OF WH - R. - Request for Variances .under Article II Section 280-9 & 10 and the Building Inspector's November 20, 2014, amended December 9, 2014 No- tice of Disapproval based on an appli- cation for Lot Recognition, which states .the identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before. June 30, 1983 and the lot conformed to the minimum lot size set forth in Bulk Schedule AA as of date of lot creation." 1) The deed for the proposed Lot was recorded on De- cember9;1971; 2)'IAt atea is less thhn the minimum required size of 40,000 square feet, 3) the subject lot is merged with the adjacent lot (13), located at: Reservoir Road (corner Winthrop Drive) Fishers Island, NY. SCTM#1000- 9-9-11&13 1 1.30 A M - ALANF. KELLY #6819 - Applicant requests a Special Excep- tion under Article III Section 280- 13B(14). The Applicant is the owner requesting authorization to establish an AccessoryBed and Breakfast, ac- cessory and incidental to the residen- tial occupancy in this single-family dwelling, with three (3) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Lo- cation of Property: 35995 Main Road (aka State Route 25) Cutchogue, NY SCTM#1000-97-1-21 11.45 A M MARY MANFRED] #6820 - Request for Variance from Article XXIII Section 280-124 and the Building Inspector's November 10 2014 Notice of Disapproval based or an application for building permit for F second story addition to existing single family dwelling, at; less than the code required rear yard setback of 50 feet located at: 170 Hilltop Path (Horton', Lane) Southold, NY. SCTM#1000-54 1-29 Principal Clerk day of 201 . IRI1 UNSK V-(__ NOTARY PUBLIC -STATE OF NEW YORK No. 01V06105050 Qualified In Suffolk County My Commisslon Expires February 28, 2016 L-15 PM - STELI-01i_ PENEL- OPE NIKOLAKAKOS #6825 - Re- quest for Variance from Article XXII Section 280-116A(1) and the Building Inspector's November 12, 2014 Notice of Disapproval based on an application for building permit for additions and alterations to a single family dwelling, at; 1) less than the code required set- back of 100 feet from the top of bluff, located at: 20795 Soundview Avenue (adj. to Long Island Sound) Southold, NY. SCTM#1000-514-13 1:30 P M - 115' COMMERCE DRIVE. LLC/2232 ROSES BROOK FARM. LLC. 46823 - Request for Vari- ance from Article XV, Section 280-63 (Bulk Schedule) and the Building In- spector's December 1, 2014 Notice of j Disapproval based on an application for building permit for construction of an "as built" third floor conditioned space to an existing commercial build- ing, at; l) more than the code permit- ted maximum two stories, located at: 115 Commerce Drive (Depot Road) Cutchogue, NY. SCTM#1000-96-1-1.2 K Request for Special Excep- tion under Article III, Section 280- 13B(12) for equestrian stables and rid- ing academy, located at: 55 Cox Neck Road (Sound Avenue) Mattituck, NY. SCTM#1000-113-7-19.23 The Board of Appeals will hear all persons or their representatives, desiring to beheard at each hearing, and/or desir- ing to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than desig- nated above. biles ire 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. Tbth@Tbwn.Southold.nyus. Dated: December 10, 2014 .ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 12033-1T 12/25 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 December 8, 2014 Re: Town Code Chapter 55 -Public Notices for Thursday, January 8, 2015 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 December 22"d: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, -providing the returned letter to us as soon as possible; AND not later than December 29th: 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 December 31St: 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 January 6, 2015. 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. • BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider MEMO http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: December 9, 2014 DEC - 9 2014 Town Board SUBJECT: Request for Comments ZBA #6823 —115 Commerce Dr. LLC/2232 Roses Brook Farm LLC 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 # / ZONE ZBA HEARING VARIANCE PLANS DATE PREPARER DATE STAMPED 115 96-1-1.2 #6823 1/8/15 280-63 12/5/14 DiGiovanni Commerce LI Zone & Dr. LLC/2232 Associates Roses Brook Architects Farm LLC Your comments are appreciated by one week prior to above hearing date. Thank you. Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider oF so�ryo� ti O �igsO � iQ ` yCOUNTi http://southoldtown.northfork.net Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 December 9, 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 #6823 Owner/Applicant: 115 Commerce Dr. LLC/2232 Roses Brook Farm LLC Action Requested: "As built" construction of third story condition space Within 500 feet of: (X) State or County Road () Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District () Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider January 23, 2015 Marty Kosmynka 50 Commerce drive Cutchogue, NY 11935 http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 RE: ZBA Application #6823 Dear Mr. Kosmynka: Transmitted for your records is a copy of the Board's January 22, 2015 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. SinV(&( creely, Vicki Toth Encl. Cc: Building Dept. -/'l - , 44 DEVELOPMENT FIGHTS) �