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HomeMy WebLinkAbout4762APPEALS BOARD MEMBERS Gerard P: Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing ��O��gUFFt7(,�c G o w x W • S BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATIONS REGULAR MEETING OF DECEMBER 14, 1999 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Appl. No. 4762 and 4626 - Faith Reform Baptist Church, Tenant (Owner: P. Jacques) Parcel: 13000 Main Road, Mattituck 1000-114-11-2 Zone District: Hamlet Business (HB) Date of Public Hearing: December 14, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's 21,500+- SQ. FT. parcel is located in Mattituck with 133 ft. frontage along the south side of Main Road (N.Y.S. Route 25) and 150 ft. in depth. The property is improved with two cement block buildings as shown on the survey prepared by Roderick VanTuyl, P.C. dated February 10, 1992. BASIS OF APPLICATIONS: On August 17, 1998, applicant applied for a building permit to occupy one of the two existing buildings on the property as an office and meeting space for worship. The October 14, 1998 Notice of Disapproval cited the following reasons for denial: (1) A house of worship is not a permitted use in the HB District; Article IX, Section 100-91. (2) Insufficient lot size. In the HB District, 20,000 sq. ft. of land is required per use; Article IX, Section 100-92. At the time of the application to the Building Department, there was another use in the smaller building on the property. APPLICANT'S REQUESTS: (1) Applicant asks the Board to agree that the use it is establishing is an "auditorium or meeting hall," which is permitted under section 100-91(A)(12). Alternatively, applicant requests a Special Exception authorizing the use as a "fraternal or social institutional office or meeting hall" under section 100-91(B)(6). (2) Applicant requests an area variance authorizing establishment of a second use on the property. REASONS FOR BOARD ACTION DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicant wishes to establish a meeting space for worship, and a church office, in an existing commercial building. Exterior alterations to the existing building are minimal. (2) At the time applicant applied to the Building Department, the second, smaller building on the property was used for artist's storage. Testimony was presented at the hearing on December 14, 1999 that the smaller building is now unused. Page 2 — Appl. No. 4762 and 4626 Faith Reform Baptist Church/Jacques (1000-114-11-12) 'ZBA Decision Rendered 12/14/99 RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Collins, it was ISZKOW14-83 (1) The Use that applicant wishes to establish at the subject property is an "auditorium or meeting hall' and is permitted under Section 100-91(A)(12). (2) Because there is no use on the property other than that established by applicant, the Board need not consider the question of a variance to authorize a second use. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Collins, and Homing. This Resolution was duly adopted (4-0). (Member Tortora was absent.) � z z h --- CHAIRMAN 12/21/99 Approved for Filing TECEIVED Tiz A TD FILED BY SOUTt CLD a^i7id CLE: AA TE NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS TUESDAY, DECEMBER 14, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on TUESDAY, DECEMBER 14, 1999 at the time noted below (or as soon thereafter is possible): 8:00 p.m. Appl. No. 4626 and 4662 - FAITH REFORM BAPTIST CHURCH (Peter Jacques, Owner). Applicant is requesting a Certificate of Occupancy for "Meeting of persons for worship in meeting hall and office" and has applied for: (A) A Special Exception under Article IX, Section 100-91B(6), and/or Interpretation under Article IX, Section 100-91A(12) Permitted Uses with regard to use as an "Auditorium or Meeting Hall", and (B) Variances based on the October 14, 1998 Building Department's Notice of Disapproval which states that the application for permit to occupy part of an existing building as a house or ship is disapproved on the following grounds: "(1) House of Worship is not permitted in an HB District pursuant to Article IX, Section 100-91A, B and C; and (2) Insufficient lot area. In the HB District 20,000 sq. ft. is required for each use, Article IX, Section 100-92. This lot is approximately 21,500 sq. ft. and is occupied by one tenant at this time, see attached site plan." Location of Property: 13000 Main Road, Mattituck, NY; County Parcel No. 1000-114-11-12. The Board of Appeals will at same time and place hear all persons or their representative desiring to be heard or to submit written statements (before the hearing is concluded). The hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: November 26, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 • NOUCE OF HEARINGS SOUTHOLD TOWN SQW OF APPEALS " TUESDAY, DECEMBER 14,1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New -.York 11971, on TUESDAY, DECEMBER 14, 1999 at the time notgAWow (or as soon thereafter as possible): 6:30 pm. Appl. No. 4766—JAMES WHEELER. This is a request for a Variance under Article XXIV, Section 1007244$ based upon the Building Department's October 18, 1999 Noi" of Disapproval of a building permit application to construct a one- f"*3tdW1hug with a front yard set - but leas than 40 feet and rear yard at len than 50 feet. This lot contains an ata, 4t 27,100* sq. ft. with 221.58 ft t5pptiee along the south side of fheatmlis Road, Southold, NY; 1 No. 1000-59-3-7. Mff Appl. No. 4768 — GWW KALOGERAS. This is a a Variance under Article on 100-244B, based upon the Building Department's October 26, 1999 Notice of Disapproval of a building permit application to con- struct addition enclose existing breezeway and attach existing garage as addition to dwelling. The existing side setback of the garage is less than the code requirement of 15 feet, and total. side. yards at less than 35 feet. Location of Property: Captain Kidd Estates lots 48, 47 and plo 46 (con- sisting of 36,911 sq. ft. in area), 900 Sound Beach Drive, Mattituck, NY; County. Parcel No. 1000-99-1.8.1. 6:45 p.m. Appl. No. 4770 —JAMES RILEY. This is a request for a Variance under Article 111, Section 100.330, based upon the Building Department's updated September 7, 1999 Notice of Disapproval of a build- ing permit application to construct a tennis court with a front yard setback at less than 50 feet from the front property Roe. Fencing for the tennis court is proposed at a height of 12 ft. Location of Property: 3600 Vanston Road at Nassau Point, Cutchogue, NY; Parcel No. I0W-711-5-12. - QSS pm. Appl. No. 4773 — MAR- GUERITE and JAMES SCHON- DEB.ARE. A Special Exception is requested for a Bed and Breakfast accessory use as provided under Article III -A, Section 100-30A.2(B) (ref. 100.31B) for rental of not more than three bedrooms, subordinate and incidental to the residency of the ownin do this dweGing . at 14580 Soundview Avenue, Southold, NY, County Tax Map Parcel No. 1000-50- 6-2. 7:05 pun. Appl. No. 4769.—„DOU-.. 43W IAORRIS. This is a request for a V ce under Article XXITI, Sectio 00-231, based upon the BudringxDepartmenvs October 21, 1999.Notice of Disapproval for fene ing ata height of 10 feet, as an enclo- sap;#g7aner's tennis court structure, instead of the Code height limitation of 6.5 feet. Location of Property: Private Right-of-way (Private Road #15); extending from State Route 25 (Maim Road), Orient, NY; County Parcel No.1000-15-9-3A. 7:15 p.m. Appl. No. 4765 — FRANK FIELD REALTY. In this proposal to locate a new dwelling in addition to other dwellings on this 22526± sq. ft. lot, applicant requests Variances from the Zoning Ordinance: (1) under Article III -A, Section 100-30A, to add another- dwelling on this 22,526* sq. ft. parcel;. (2) under Article III -A, Section 100. Dia - 30A, to remove prior ZBA....., e Conditions set forth in Appeal NA-, 3303 issued February 14, 1985 which restricts the property from adding, , J a another dwelling; and (3) under Article IIIA, Section 100-30A.2(#), Road; based upon the Building.... -;No. Department's August 27,1999 Notier of Disapproval which reads as fol- lows: "Proposed construction of single- ''..S'eCiI family dwelling not permitted put- Buil ' suant to Article IIIA, Section 100- ' 1999 30A(1) which allows one -family app's, ”. detached dwellings, not to exceed alter'iii one dwelling on each lot. Proposed ;. frontiy, project is located on a lot that has and< an existing one -family dwelling and forty- -" .. a separate two-family dwelling (per 0111" ZBA #3303). In addition, proposed . structure has front yard setbackof 22 feet and a side yard of 13 feet;. CL.' lot is nonconforming (22524* sq,. ,APF ft.). Article XXIV,-Section 1i(Qp0-.. and 244B. requires a 40 feet minimiurg'r*: front yard setback and a fifteen ft nimun rn side yard setback." --- - - No' The setbacks proposed for anad- ditional dwelling on this 22,524 sq. ft. and-vPi.,. . lot are less than 25 feet for both side), the and one side yard at less than 15 feet sq (This notice is based on the original ovexr ^ application fled with the Building Pro cz Department and Disapproved August O 27, 1999 -and does not includes request for a future minor subdivision - or set -of division.) Location of lime' Property: Linnet Street and: Brown, . Street, Greenport Driveway Park. Lots 26 and 28, 59, and 60; County tion` Parcel No. 1000.48-3-20.1. sia 7:30 p.m. Appl. No. 4761 — the. RICHARD POGGI. Hearing contin- ued from November 18, 1999 regard- av ' ing lot coverage and setback vari- ances only. .If..y ' 7:40 p.m. Appl. No. 4771— LEWIS -. EDSON (MARY KIRSCH, Contract Dated,+ Vendee). This is a request for a'. Variance under Article XXIV, Section 100-2446, based upon the Building Department's November 8, 1999. "'.GEA Notice of Disapproval for a permit to locate dwelling with a setback at less than 50 feet from a private fight=o4 way shown along the east side of the property Location of .Property: 9720 11251TD: Main Bayview. Road, Southold, NY, - Parcel No. 1000-87-5-24. 7:50 p.m. Appl. No. 4763 — JOHN and MARY ANNE LUCEY (Mary Santacroce, Contract Vendee). This is a request for a Waiver of Lot Merger under Section 100-26, based upon is- suance of a Noticeof Disapproval by the Building Department in appli- cant's request to build a dwelling on a substandard lot, for the following rea. sons: A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983... Subject lot is nonconform- ing and held in common ownership with adjacent lot SCrM #1000.139- 34.1 and 3.1. Location of Property; 2850 Wickham Avenue, Mattituck,- NY; •County Parcel 1000-139-3-6.1 Consisting of 30,000± sq.. ft.; Mattituck Heights Subdivision Lot Ref.17,18 and.f9. 8:00 p.m, Appl. No, 4626 a4d,4662 — FAITH .REFORM BAPTIST CHURCH (Peter Jacgf es, Owner). Applicant is requesting a Cj�fi( ate of Ogcupancy for "Meeting of persons for worship in meeting hall`tand office" and has applied for: (A) A Special Exception under Article IX, Section 100.91B(6), and/or' Interpretation under Article IX, Section 100.91A(12) Permitted Uses with regafd'to use as an "Auditorium or Meeting Hall", and (B) Variances based on the October 14, 1998 Building De- partment's Notice of Disapproval which states that the application for permit to occupy part of an existing building as a house of wor- ship is disapproved on the follow. ing grounds:"(1) House of Worship is not permitted in an HB District pursuant to Article IX, Section 24, and and S: k a _of Mattituck, n, says that he SUFFOLK TIT lished at Mattit County of Suffi that the Notice c d copy, has bee Newspaper on _weeks succe hp 1 �L Principal i UFFOL 1M19 9A PXPIRER D 0 NOTICE OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS TUESDAI DECEMBER 14. 1999 NOTICE li 111 R! GIItN, pursuant to Sc,ti : 'rti ,i the l,:wu Law and the!m low,. of Southold, the t�dL� • : .ipplical, n, will be held foi pubis. iid;u Ings b, die SOUrHOLD TOWN BOARD OF APPEALS, n- v, � ill, ld T un Hall, 53095 Nf,l, R„aa, ',outh.dd New York 1:9' rUESDAI, DECEMBER 14. 1999 at the mite noted below for as soon thereafte, is possible): 6:30p.m.Appl JAMES WHEELER. Thr -, ::'quest (Ili a Variancetmder Articic X.XIV,Secnon 100.2448, based ,peo the Building Department f , ob,-: 18, 1999 Notice of Disappr .ai ,:f a building permit apph,auo: nstmcta me - family dwelling with d front yarc set- back at Im than 4i, tc,t ind rear , and at less than 5(t hu 1 l contams an area of 27.10( j with 2_'1 58 ft. frontage along di- , uih side of Chestnut Road- s,uthald, NY: Cpuntyjigrcel No 1000-59-3-7. 635 'p.m. Appi No. 476a -- G$ORGE KALOGERAS. This is a request for a Variance under Article XXIY,Section I(A) 2448, based upon the Building D,p:,rinicnts October 26, 1999 Non , 1 Drnupprova) of a building per n I ph duan to inn slider adds, r rn,n:se existing breezeway ar.n au„h - sisnng garngc ,s addition _.,:lien, llrr exutin• ,ide setback, v it sec - less than the code requu, r,ci,: _ ” feel and total side )aids -., a,, th,m 35 test Location of Piop,:rty- Captain Kidd Estates Lots 48- i - and Iso 46 (con- sisting of 36011t it area), 900 Sound Beach D:;..- sdanituck, NY; County Parc,! N,. )o 4v 1-8.1 6:45 p.m .-\pp 's'u -JAMES RILEY. Tli, yucst for a Variance und, 111, Section 100-33C, ba -ca „ t: Building Department scptembcr 7, 1999 Notice„t dl of a build- ing permit dpph,.mn, ,,, construct i tennis court e:n. ..,d setback at less than it ,;n, the :roni property lin, i -i. iii :„i the .cnm, court is propo,,,i ,. ,,ht of 1:. t. Location of Ptxnst V<iustw Road at Nf,,., P utchogu, NY, Parcel h. nni., - 635pan Appt. u. ;773—MAR GCERITE and JAMES SCHON- DEBARE. A ',p,.a:,t Exception i, requested I.,L H„' and Breakfar .accessory s.. r .,v,ded code - Article ID tan -30A 2(B (ref. 100-311, i .1t not mor, than three subordmat, and incident,; h, ,%[Ccri of the owners in iht= 1,, mi, at 14580 Soundview A,cna. 1.m1hold, NY County Tax N7,i 1 tio.10f 6-2. 7:05 p.m. App: 'w 47bl—DOL- GLASMORRIS This is a request for a Variance under Article Xxill, Section "100 231 based upon the Building Depanmcni s October 21. 1999 Notice of Disappi aval for fend mg at a height of ill tccl, as an enclo- sure ofowner s 1,nnis,ourt structure insteid of the( ld, hctght limitation of 6.5 feel Lir:atini. i:r Property Private Righi-,ii , i+ Piare Ro,c 9.15), extending t.au .1, , Rout, _ 'Main Roadl. Unci, Parcel No. I Ax 7:15 p,l FRANK Fit.LD fit. A1.1'Y'. A if proposal to Ir,,a < ,— ,Iwelhng u addition to .am ...,:hags of Ili - 22j26t sq It wi,[,cant reauesi Variances n.,n he Zoniey, Ordinance ,. -, Acle M ,,Ih1tL L00 i3OA w add another iucihng on this 22.5261 sq. ft. parcel; ands, Article IIIA,Section 100- 4 temoye prior ZBA ndin.ins set torth in Appeal No. +:�:.,sued February 14, 1985 which c,trict> the property from adding ihr dwelling. and 0) under �. udr IIIA. Section 10(1-30A.2(1), .cj ul.Lna the Building _p irnuent Augmt 17,1999 Notice �t Dunpprosal which reads as fol- ,ws Pt„posed .oiotruction of single- tanuPo dwelling not permitted put- ,uaut if, Article IIIA, Section 1W- 9iA1 t which allows one -family .teta,hed dwellings not to exceed nuc dwelling on each lot. Proposed project is loeatm on a lot that has an existing one family dwelling and ,i separate two tardily dwelling (per LAA #3303). In addition, proposed sirmrture has tront yard setback of -.. acct and a side yard of 13 feet, nonconforming (22,524± sq, it Article XX1V, Section 100- 244B requires a 40 feet minimum front yard setback and a fifteen ft. nummum side yard setback.' The setbacks proposed for an ad- ditional dwelling on this 22,524 sq. ft. rot are less than 25 feet for both sides, and one side yard at less than 15 feet till, nouce is based on the original applization filed with the Building Department and Disapproved August 1999 and does not include a ,equest for a future minor subdivision - or setoff division.) Location of Property: Linnet Street and Brown Street, Greenport Driveway Park Lots 'b and 28, 59, and 60; County Parcel No. 1000-48-3-20.1. 7:30 p.m. Appl. No. 4761 — RICHARD POGGI. Hearing contio- ued from November 18, 1999 regard - tie t,.. ;osciagc and setback vari- ec, out, 'Ali p.m. Appi. No.4771--LEWIS LDSON (MARY KIRSCH, Contract Vendee). 'this is a request for a = .r:duce under Article XXIV Section tit) 244B, based upon the Building Department's November 8, 1999 Notice of Disapproval for a permit to maaw dwelling with a setback at less than 50 feet from a private right-of- wav shown along the east side of the property_ Location of Property: 9720 %taut Bayview Road, Southold, NY; Parcel No. IbOU-87-5-24. 730 p.m. Appi No. 4763 —JOHN and MARY ANNE LUCEY (Mary lantacroce, Contract Vendee). This is d request for if Waiver of Lol Merger ander Section 100-26, based upon is- suance of a Notice of Disapproval by the Buildine Department in apph _,nt s requc,t to build a dwelling on a &,Iaudaid rot. far the following rea- nonwntunnmg lot shall merge mem an adjaa:nt conforming or noncoofonning lot which has been meld in romnn,u ownership with the first rut at anv time after July 1, 1943 . Subject lot is nonconform- ing and held tit common ownership with adiacent lot SC.TM 41000-139- ,4.Iand Ii i_anon of Property. 2850 Wickham Avenue, Mattituck, NY; County Parcel 1000-139-3-6.1 consisting of 30-00(1± sq. ft-; Mattituck Heights Subdivision Lot Ref. 17,18 and 19. 8:00 p.m. Appi- No. 4626 and 4662 FAITH REFORM BAPTIST CHURCH (Peter Jacques, Owner). Applicant is requesting a Certificate of Occupancy for"Meeting of persons for worship in meeting hall and office" and has applied for (A) A Special Exception under Article IX, Section 100-91B(6), and/or Interpretation under Article IX. Section 100-91A(12) Permitted Uses with regard to use m an "Auditorium or Meeting Hall", and (B) Variances based on the October 14, 1998 Building Dc- partmcnt's 1,t irr oC Disappnrodi -,Imwh stale, the application '.rt perm, t,: Occup) part of art rxisting budding as a house of war ,hip is disapproved on the follow - ,ng grounds:'(!) House of Worship , not permitttJ in an HB District _noun' 1,1e IX. gectnin C; a L In - RF Road, Mittituck, NY; County Parcel No. 1000-,.4-11-12. 8:25" Manns APPI. No. 4764 LOCIFYMcLEAN. This is a request for a Yanuw iumW Article )DIV, Builth ,Q kpartment's March 24, 1999"TlotiCq of Disapproval, and applicantfa Proposal to relocate and alter sin'oe-family dwelling with a front yaidat lessthan fifty-five feet and rear: yard setback at less than forty-five feet. Location of Property Orienta4v(1HC,nue,,Ftgh= Island, NY; Countycl�soceI N4100010.10.5. &4.Y;naL&AvvL-No-;,4774 — D. a Notice ot,pmpproval for att w raised pati0.'aroundswimming and with"new 00119 L)Cii 404 the e.;j,5tit)g lot„tpverage ¢tlm: sq. ft.So?j,116 sgft, (?,TJi9(r(�ir' over the allowabiet' Lo atit time sons the Town Haff buAm:4,'ho-1- %*4 If you;:ppn questions, please dor hesitato-tgFalj7(t,5. 8(19 z' Dated: Notrem:1999 - ` 53095 Main Road r 'P.O, Boz"Y179 Southold, NY 11971-0959 1125-1TD2 .. J. 01 h1211(llUCk -li, Sa\b lila( )lt SUFFOLK TIP lisile(i ;it 'Matti( County 'A SUtI: that the Nolice c Cl copv hay het New�pmpel 011 — we, k, (9lIC('t tie A sf 1 q� 1'nncipai :L�soFFc'. 1M18 19N F�PIgGp r, 11W 13 199 1513 50UT4;1.D TOiU ACCOLNTING A& POSH NO • s TOWN,'or SODTROI.D BUILDING DEPARZMPIT SOUMLD, N.Y. NOTICE OF DISAPPROVAL Chris K. SattOI?....................... To .............. 430 ri o is Pith ............ .. ...x..6.4 ................ Southold, Nev fork 11 ,,,,,,,,,,,,,,, PLEASE TAKE NOTICE that your application dated 7' �2 October 14: 19 DATE. .. Au}tuac 17 98 occupy oars of an existing buildiog as a house of worship ........... ............... for permit to ......••.. 13000 Main Rd. Macticuck .... ........ Location of Properrr •--- ••se ...... @amlet Douse NO. Street !IA BLOCS ......... LOT .12..._. County Tax MaP No. 1000 - Section •••• •_• Subdivision ..... •--•••••••- " - " " ' . Filed Map No. .........Lot No. •••.••• is returned herewith sad disapproved on the following grounds ................ .. 1) The propOse4 u�.�e as a Rouse of Worshcc- i is not 1f¢c*icted,in-aa-t.......... ....................P........ to Article IX, Section ")0_91. A, S 6. C. ................ f[. is required Or• 2) Insufficient lot • area. Ia the BB District 20.0 aq_ „ - „ •,. ............................. Pursuant to Article IE, Section 100-92• _ „ •-•_ „ _........ ....................... This lot is <porozisately 2 1 500 sq. ft. aud.is_occupied.bi one_tenngnti See attached site pleo. „ •,....... ........................ S ING NSPBCTOR RV 1/80 i achl use At luwn Glt;rn )UUdIUI0 TOWN OF SOUTIIOLD, NEW YORK • 7 / APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .............. I"O Ti IE ZONIFI DQARU OF APPEALS, TOWN OF SOUTI IOLD N. Y,' CYa �cM 5f)`'71s7 e f v ec1-1 CO cU Al &,e ed Tac 1, (We) Chris Hatton .... L7— t 9.r1 4RTt..Fi1Ah....................................... Nome of Appellont Street and Number Southold,................... .......... ..............HEREBY APPEAL TO ..................................... NY Municipality Stoto TI IE LOI,1ING BOARD OF APPEALS FROM TI IE DECISION OF TI IC BUILDING INSPECTOR ON APPLICATIONFOR PERMIT NO ..................................... DATED ....,................................................. WHEREBY TME BUILDING INSPECTOR DENIFD TO Chris Hatton ...... ....... __..» ................................ ......................... Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 13000 Main Road; Mattituck 1. LOCATION OF THE PROPERTY ..................... ;r............. ......................... ,.................. Street /iia V9F--/.. use District on Zoning Map District 1000 Section 1148lock11 Lot ... 12 . ..Current Owner Peter Jacques .._.......... »»...... Mop No. -Lot No. Prior Owner. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of ilia Zoning Ordinance by number. Do not quote the Ordinance.) Article IX Section 100-92 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of access (State of New York Town Law Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 A. PREVIOUS APPEAL A previous appeal (has) TWA') been mode with respect to this decision of the Building Inspector dr with respect to this property. Suclr appeal was ( X) request for a special permit ( ) request for a variance 4626SE/4627 Doted .............. avid was mode In Appeal No. .............. .................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( x) A Variance to the Zoning Ordinance ( ) Property contains two structures, rear structure occupied Is requested for the reason that by Artist for storage, Main Building proposed for Faith Reform Baptist Church as a meeting hall. Two uses on premises in existing structures Form 2111 (Continue on other side) Ll 171 REASONS FOR AREA VARIANCE ONLY (to be completed by applicant): Do not use these standards for "use variance" or "special exception." (Also attach sheets if necessary, with signatures.) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: Two cement buildings are existing, one is occupied by the Faith Reform Baptist Church as their meeting hall (permitted use in HB)or for Fraternal or Social institutional offices is permitted by Special Exception. The cement structure in the rear of the property has been occupied as storage for the tenant. 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: The property contains two distinct structures which have been occupied by separate tenants, no other meathod existis for applicant to pursue other than the variance to continue the tenancy and two uses 3. The amount of relief requested is not substantial BECAUSE The Artist has been a tenant in the rear building for many years, the main building was occupied by the sign maker and permits retail. The proposed occupancy by the Church is not substantial in that the use is primarily on Sundays. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE all uses are environmentally clean and will have no adverse impact on the neighborhood 5. Has the alleged difficulty been self-created? ( ) Yes. X) No. 6. 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. STATE OF NEW YORK) COUNTY OF SUFFOLK) `%'%% Agent must attach written consent from owner. Sworn to before me this /Z day of txtlk; form.•rar/temp 19 Notary Public MTRM C.MOON! u t,* county Stats New g Sum CoantY _ No.. 48818 coonjedonEvkea Junior 18; �a - / //- /ot NNER VKW %/r►v OWFOI OF SUUTMVLL)*Kf. CKI Y Kibru STREET �(�`' VILLAGE~ DIST. SUB. LOT 14 L/ o 0 5 Gov 260 Y/ S///7a v /i JO 1 93 N S j I_ FARM E a , nmA4+ O CB. MISC. Mkt. , , ACR ,SO TYPEtF BUILDING / Value / V e5 r5 DRME# OWNER O�Ph O .j�/0D Al 000 SEAS. VL. IMP. TOTAL DATE RKS LAND Ilable I Ilable 2 Ilable 3 oodland vompland ushland ouse Plot �tal ;a193 -3P*"), Ia-0I - FRONTAGE ON WATER 13 FRONTAGE ON ROAD DEPTH O BULKHEAD DOCK 30X- 395 Q 3LQo 5300 TF 7y2o© 14 L/ o 0 5 Gov 260 Y/ S///7a v /i JO 1 93 / ..�f. Z y ��.� /� ,ga147 rSco 'O's qac / �7 fu. /, 70 0 0 .j�/0D Al 000 BELOW ABOVE✓ IEW NORMAL Value Per Acre Value 3 7 a I 7, R t U2s -NNo-10 ARM Acre Ilable I Ilable 2 Ilable 3 oodland vompland ushland ouse Plot �tal ;a193 -3P*"), Ia-0I - FRONTAGE ON WATER 13 FRONTAGE ON ROAD DEPTH O BULKHEAD DOCK 30X- 395 Q F .-• _ • _;° - •'' ■■■E■■miss■■■■ S! SESSIONKENN ■■NONE ■E■■■■■■t►■■■Lii w[IE!!■I I■ ■■■■■■■■■■E�i■ ■r MENI ■■■■■Etwl■E�■milt■■■ Una711■ �f'ifiiii2J■■■■■I!■E]■■IEtI■E Ali■4111■�■■ECJ■■E■■■■il■■■■Il■■■ is !■iit�■■■■■■■■■■■■■ll■E..""m''„ ■\■EE■■■■■■■■■■■■■■■■EE■Fid■ miss■■■■ ''SEEM ■EE■■■■■■�3;.?Il,�i ■■miss■sl���t:■■1,19 ■■■E■■■E :t■■il■■■■■■■■■ �MENEMLM�������������rv�l ■■■■■■■■■■■ No 0■■t a■d0 EE■■■�iirft7l i'smi ui J T A ��jj�� Loy E i F,h �k Q.,AD l-V.OSM�t�i F,1 '.i�lA.lN - _� l • m F r-YCL£ O �� N . 4-pQpitl si`- PHONE ecoTN �nT 133. Hr� g MO .. �- Jr1LE'� BMG J•G• - ., HOLE N.75 rJ1 100 P � � 44 Row OFF OF POST? . OFF(E O 9,+401 SO. FT. ± N ci c. ,fig � 111 y v OD cess CC \ 1 eo 11 \ ROLA % / ^` C€SSPOOLS� \\j P20P.SEPTIC g _ +� 1T^, l s t2 l , J ' J VQPF ROA`D MAIN 3 /� �—� P2EMISES ? New COIR COUNTY DEPARTMENT OF HEALTH SERVW APPROSTD FOR CONSTRUCTION ONLY i H.S. REF. NO. C/o -,9a - o%Z / 3 6 Xey m t5 Ir 6000= t` TES-1 I TYPE wa i24 i� i LO V This approval is grznted for Me cm*uction of tM �niWy disposal 82c I J and water wanly t*. ilium pursuant to Articles Ve and y 7 of the SuftoiI CrrM:, '-nft v rindi and is not an expressed clt4( b .LtL not im,t ••un or occupy the strulurekt 1n;g rnu j:xfj4S TWO (2) Y FROM THk .Wk tiff IIW. Q f C04 5A � WA .: .mMM.BYII��aarWaW! .rocs 'WELL away -SAi e w.ot' i -MIN. -1"01A. CLA55 2400 PiM olZ- 4Z. J� C c_ t. res F�•llsr.l��D Chu �__ li.' _— W.5 T __— _' Tl`V41 ►S.S __ _- I t _ MR.L Pt-TLN ' I 1 - P¢E-CAc�T CUtk. � wAr �t;CatL OESiGN., OFFICE r 5405c. FT. A .Oto = 32 G PD 5TO(ZAGC-. 2,598 sQ.FT. K .04=104 GPD >< 2 DAYS s 212 GAL, govro 62055 FLOOR AQEA • 2 1 MIN AWAT SQ.FT: _ —__ 6aour.ro wA7Z 982 ��� GESSFbQI_S 3, t38 So.Fi: r Approwd i4 acawrd rDtr W" "rld of ReviewA, W II � FIN, SFIEl7 GO.AAC' If \ 1 1E'2.0 � \ � V \♦ Nom/ � 1_— --- i T` Mw. 9 Q ,moi' 1 --------�-- 2 BL1t `uzEG ^t Z \ TE5T �'. CESSPOOLS \ f 1 _) E r P¢E-CAST CIX-4G— I SEPtiC �t- ` ¢KT� 4i4 OFFICE + 540 SO.FT: .06= 32.GPD. 1 5T02AGS:2,598sQ.FT. 9.04=104 4 -- z iu 1-64 GPO k 2 OA--(S : 2'12 GAL.4----- �8' ---•. VOST}r. CIC�p N' (` MIN. A80VLs Ff' i 4 Bf20uNC WAT�Z �.. 02055 FL002 A2EA2194 � SQ. FT ., K pP l= � 3. t38 56f.6T. G 4, /,� .�:. p" I� I Approved in aQMdU-M WWW D" d Reviewr - [ rte` ��� �: MIN j} FI_OOQ FLYLESS AOAPTE2 FOUNO9PLWW TION, tom. r cV J cif_ t - 'G G H+ ,.4 $2 GAt.TANK PST E� A � . -- ! A i C T 1`. r�� C�`J E-. - PETE�i� �. yh �E U �4-�, WO.TER r -Q , r-- - - MAP AMENG 2 C • MAR. Z}, I'W2 M,N. 5c2EEAl SCALE-20=1 `° ' AP2.3 1992:MAY S.1992 : ' 1 ATI Ur;C TYPICAL_ WEl1. TJ�JN � G ° r � _ Cly 1' �1`Ri 4.[ V _ -_ .. "Jl�: •� _—:/ N.Y. .. . y n --- aJAaANTEC 1 rLI1.AG0 TITLE ENSf}fZAI'ICE —CQ. #-rHQS E OWNE9 ,. AREA= 19,85�.5Q.FT -- - FEB. 10. 1992 ; o� F r w .. _� �., n 1�<1_: ' .4 .J' `_. ry �L .. _'_. Y __ _ _ _ _-_YF.0 —. _" • __- _ GK. LsaVNzq5�N a9unm�gtk+ Heoa n r OJOd\ U-A �WN�2S AD�ES5 I1 IZ Tf- I/ need .9208 Oo066 11185 MAIN8AWSW 2OA0 r1TLE NO—_ SOUTWOL0`N-c. 119 4ELLlCESSPOOL LOCATIONS FURNISHEG BY QWNE45 1+ YOmlr,,L.Mh:`hdtr OaIYNI •LjnLt�ot+ mit- i,. ANn ncmnrrn weus 51(0 -T6B -1033 i 0 0 December 22, 1999 Fax Transmission to 765-4643 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Variance Appl. No. 4762 and 4626-SE/Faith Reform Baptist Church Dear Mrs. Moore: Enclosed please find a copy of the Board's determinations rendered December 14, 1999. As a reminder, please return to the Building Department and other agencies having jurisdiction, for final approval(s). A copy of the Board's determination was transmitted to the Building Department as an update to their file regarding your request for a Certificate of Occupancy. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Department Original sent by Regular Mail also on 12/22/99. 0 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER 0 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: October 20, 1999 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 RE: Zoning Appeal No. 4762 - Peter Jacques (Faith Reform Baptist Church) Transmitted herewith is Zoning Board Of Appeals Application 4762 - Peter Jacques (Faith Reform Baptist Church). Also included are Z.B.A. Questionnaire, Applicant Transactional Disclosure Form, Short Environmental Assessment Form, Disclosure signed by William D. Moore, Notice Of Disapproval and copies of Plans. 0 0 PATRICIA C. MOORE Attomey at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 OCT 1,,,j 7Tey� p Z�o October 12, 1999 Re: Application for a variance for Faith Reform Baptist Church Dear Ladies/Gentlemen: Enclosed please find the following for the above referenced matter: 1. Application for variance 2. Z.B.A. Questionnaire 3. Disclosure Statement 4. Filing fee check in the amount of $200 5. Short Environmental Assessment Form 6. Applicant Transactional Disclosure Forms 7. Six copies of proposed site plan We will be submitting to the Planning Board an application for an amended site plan. Please place this matter on your hearing calendar as soon as possible. Thank you. Very truly yours, ricia C. Moore PCM/mr Encls. MOIGN6I.Y51IJ I, William D. Moore hereby state pursuant to General Municipal Law Section 809 and Southold Town Code Article 10 the following: 1. An application has been submitted by Patricia C. Moore to the Southold Town Zoning Board of Appeals on behalf of / JaL; h d e fi5rm Barofiat . �iclo . 2. Patricia C. Moore is an attorney duly licensed in the State of New York practicing as a sole practitioner with her own clients. She is not affiliated with my law practice. 3. Patricia C. Moore is my wife. 4. I am a member of the Southold Town Board. 5. I do not directly or indirectly review, discuss or participate to any extent in the matter before the Southold Town Zoning Board. 6. Patricia C. Moore is compensated for her legal services, at an hourly rate, regardless of the outcome of the case, and her fee is not contingent on the results obtained. Dated: 49 William D. Moore 0 0 uic 0871—Text 12 61721 SEOR PROJECT 1.0. NVMBER Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I. APP CEAR2. PROJECT NAME Aw/ye0. PROJEMuO(IYlTOIr7 T�G� County a. PRECISE LOCATION iS'treat address and road Intersections, prominent tandmarKS, eta, or Drovide meet MC eo0,c/, /IiC,Eirh-'ck- PEE SED ACTION: Clw ❑ Esdanslon ❑ MOdI1lcationlallerstlon ✓ E PROJECT BRIEFLY: -70 160 /Y1 e.e�zOF LAND AFFECTED: acres UltlmalelY acresCPCSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTINGD USE R aoNs? ❑ No Ir No, deforipe Anally � 17 S /7?QACc�aPrm't as /yecfcnJ`a��S PRESENT LAND USE IN VICINITY L, OF C1ROJECT? ❑ Reaidantlal CI Other 1 IndustCommercial Agriculture ❑ Park/ForesUOoan Space rial Descr.oc 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAUT� D Yes No It yes, list agency(sl and permNaoptovals 11. r --DOES ANY ASPECT OF THE ACT13N HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? 0 Yea orNo It yep, list agency name and permlllapproval 12. AS A RESULT OF P OPOSED ACTION WILL EXISTING PERMITIAPPROVAL REOUIRE MODIFICATION? ❑Yes No 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Dalr: /�91 Applkanllsoonsor nam �— Sipnalute: �— It the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment �vcn 1 (Continued on reverse side) APPLICANT TRANSACTIONAL DISCLOSURE FORM Chris Hatton YOUR NAHE: Last name, at 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.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance __T_ Change of zone Approval of plat Exemption from plat or official map Other (If "Other," name the activity.). Do you personally (or through your company, 'spouse, sibling, parent, or child) have a relationship villi any officer or employee of.the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Dusiness 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., X YES NO If you answered "YES," Complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) 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)t A) the owner of greater than 5% of the shares of the corporate stock or the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant in not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSIIIP Submitted 7th/ S42 / 199Signature/pI Print name el -14s I -/A Tj-,-/ • QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of Ithe owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (separate sheet may be attached.) none B. Is the subject premises listedon the real estate market for - sale or being shown to prospective buyers? ( ) Yes ( X) No. (1f Yes, n7e�seM attach COPY of "conditions" of sale.) C. Are there any Proposals tD tdmnge = alter land contours? { } Yes { X} No D. 1. Are there any areas which contain wetlandno 2. Are the wetland areas shown on the map submittedswith this application? 3. Is the property bullheaded 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? E. Is there a depression or sloping elevation near the area of Proposed n?nstruction at or below five feet above mean sea level? n a (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist -and not shown on the survey map that you are submitting? If none exist, please state "none." G. 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 map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? no If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this Parcel storage and meeting hall and Signaturld and Date 3/87, 10/901k 0 0 FOR BOARD AND STAFF USE Updated New ley. 29"Ty 9 PTis7- C4raf- 44%6,z - �C 0 40 11/26/99 Mailed Legal Notices for 12/14/99 hearings to the following: Patricia C. Moore, Esq. (Re: Poggi, Faith Reform, and Kirsch) 51020 Main Road Southold, NY 11971 J. Kevin McLaughlin, Esq. (Re: Morris) P.o. Box 1210 Southold, NY 11971 Mrs. Marguerite Schondebare P.O. Box 14580 Southold, NY 11971 Burger Construction, Inc. (Re: Riley) P.O. Box 934 Cutchogue, NY 11935 Mrs. Christina Rivera (Re: Kalogeras) 250 Sound Beach Drive Mattituck, NY 11952 Zoumas Contracting Corp. (Re: Wheeler) P.O. Box 361 Fairway Drive Wading River, NY 11792 Richard F. Lark, Esq. (Re: McLean) 28785 Main Road P.O. Box 973 Cutchogue, NY 11935 Harvey Arnoff, Esq. (Re: Lucey/Santacroce) P.O. Box 329 Riverhead, NY 11901 Gary Flanner Olsen, Esq P.O. Box 706 Cutchogue, NY 11935 (Frank Field Realty) Suffolk Environmental Consulting, Inc. (Bahrenburg) Main Street P.O. Box 2003 Bridgehampton, NY 11932-2003 Faxed to Suffolk Times 11/26/99