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HomeMy WebLinkAbout3632 Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 2.5 SI:3UTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3632 as Amended Application Dated June 4, 1987 TO: Mr. Glen Moller, Director NORTH FORK EARLY LEARNING CENTER 600 Wickham Avenue, P.O. Box 1053 Mattituck, NY 11952 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on June l~ ]987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III , Section 100-30(A) [ ] Request for Application of NORTH FORK EARLY LEARNING CENTER for a Variance to the Zoning Ordinance, Article III~o~ to permit the establishment of a Day-Care Center, at premises referred to as the Veterans Community Center, north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mattituck, NY; County Tax Map Parcel ID No. 1000-140-2-39, containing 1.75± acres. WHEREAS, a public hearing was held initially on the Application of NORTH FORK EARLY LEARNING CENTER under Appeal No. 3632 on May 21, 1987, on its application to establish a nursery school, to vary Conditions under Article III, Section lO0-30(B)[3](a) and (d); and WHEREAS, on June 4, 1987, an Amendment to reopen Appeal No. 3632 was filed to establish a Day-Care Center under the guise of a use variance in an existing building; and WHEREAS, on June 18, 1987, a public hearing was held, and concluded, on the Amended Application for a Day-Care Center; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is a corner lot as defined by Section 100-13 of the Zoning Code fronting along the north side of Pike Street, the east side of Wickham Avenue, and the south side of Hill Street, in the Hamlet of Mattituck, Town of Southold, further identified on the Suffolk County Tax Maps as District 1000, Section 140, Block 2, Lot 39. (CONTINUED ON PAGE TWO.) DATED: June 18, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS ~age 2 Appeal No. 3632 as Amended Matter of NORTH FORK EARLY LEARNING CENTER Decision Rendered June 18, 1987 2. The subject premises contains a total area of 1.41 acres, is located in the "A-40" Residential and Agricultural Zoning District, and is improved with one frame and metal building of a size 51.5 by 41.4 feet, as more particularly shown on survey and site plan prepared by Peconic Surveyors and Engineers, P.C. May 12, 1987. 3. By this application, as amended, the appellant requests permission to continue the operation of a "Day Care Center" (referred to as the "North Fork Early Learning Center") with both half and full day programs for a maximum of 29 children. This operation is not a school as defined by the Education Laws of the State of New York and accordingly does not qualify as a private, nonprofit school under Article III, Section 100-30(B)[3] of the Town's Zoning Code. 4. Properties to the north (along Hill Street) are located in the "C-Light Industrial" Zone; properties to the west, east and south are located in the Residential and Agricultural Zone. 5. The May 12, 1987 survey and site plan prepared by Peconic Surveyors and Engineers, P.C. depict a frame and metal building, having a total first floor area of 2,340± sq. ft. for use in the day-care center's operation. Also shown are a minimum of 15 parking spaces, including two handicap spaces, and a fenced-in playground. The existing building is setback at its closest points 87.6 feet from Hill Street, 13.7 and 21.8 feet from the southeast property line (n/o/f Kramer), 68.4 feet from the east property line, and 173 feet from the westerly property line along Wickham Avenue. The existing playground area is set back 27 feet from Hill Street, 18 feet from the easterly property line, 46 feet from the northeasterly property line (along Kramer), and 198 feet from Wickham Avenue. 6. To the best of this Board's knowledge, the subject premises has never been used as a residence since prior to the enactment of zoning, and has been used only as a meeting place or community center. No building permits have been issued since the enactment of zoning, and the building does not appear to have been changed or altered in any manner since prior to zoning. 7. It is the opinion of this Board that: (a) the grant of this variance will not in effect "down zone" the existing nonconforming use as a meeting place, or community center; (b) that the land in question cannot yield a reasonable return, particularly in light of the size and character of this building, except through great expense to convert this pre-zoning structure and transform the lot into suitable residential property; (c) that the neighborhood consists of an industrial use directly to the north and Fire Department at the southwest co~ner of Pike Street and Wickham Avenue. In considering this application, the Board also finds and determines: (a) the land in question cannot yield a reasonable return if its use is continued as a "community center", or altered for residential use; (b) the plight Page 3 - Appeal No. 3632 as Amended Matter of NORTH FORK EARLY LEARNING Decision Rendered June 18, 1987 CENTER of the owner is due to unique circumstances and not to the general conditions of the neighborhood; (c) the proposed Amendments to the Master Plan depict this parcel for "R-40", permitting "nursery schools" by Special Exception; (d) the use authorized will not alter the essential character of the neighborhood. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief requested under Appeal No. 3632 as Amended in the Application of the NORTH FORK EARLY LEARNING CENTER for the establishment and operation of a Day-Care Center in existing building, at premises referred to as the "Veterans Community Center," as applied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass, Doyen and Sawicki. This resolution was unanimously adopted. lk NOTICE OF'HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, JUNE I.. ~, 7987, at the following times~ 7:35 p.m. Appl. No. 3605 - TED DOWD. Variance for Approval of Access pursuant to New York Town Law, Section 280-a, over a private right-of-way located off the north side of the Main Road, Southold, and extending to the applicant's premises, identified on the Suffolk County Tax Map as District 1000, Section 56, Block 1, Lot 5.1 (5), containing 7.3± acres. 7:40 p.m. Appl. No. 3632 Rehearing on Amended Application NORTH FORK EARLY LEARNING CENTER. Variance to the Zoning Ordinance, Article III, Section lO0-30(A) to permit the estab- lishment of a Day-Care Center, at premises referred to as the Veterans Community Center, side of Wickham Avenue, and NY; County Tax Map Parcel 1.75± acres. north side of Pike Street, east south side of Hill Street, Mattituck, ID No. 1000-140-2-39, containing 7:45 p.m. Appl. No. 3637 C. KAPOTES AND A. HOMAYUNI. Variance to the Zoning Ordinance, Article III, Section 100-31 (100-32) for permission to construct deck addition to dwelling with an insuf~cient frontyard setback from Soundview Avenue. Location of Property: East side of Goldin Avenue and south side of Soundview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000-135-2-22. 7:50 o.m. Appl. No. 3641 BRETT AND JANET KEHL~ Variance to the Zoning Ordinance, Article III, Section 100-32(A) for approval of the construction of an accessory building with height in excess of maximum 18-feet, or in the alternative, Article III, Section lO0-31(A) for permission to construct addition to dwelling with an insufficient sideyard setback. Location of Property: 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 18, 1987 7:55 p.m. Aopl. No~ 3634 - RICHARD F. MULLEN, JR. Variance to the Zoning Ordinance, Article XI, Section lO0-119.1(A) for permission to erect fencing in the frontyard area with a maximum height of six feet. Location of Property: East Side of Cottage Place, Southold, NY; County Tax Map D~strict lO00~ Section 627 Block 3, Lot 19. 8:05 p.m. Apol. No. 3412 as Amended WIL'LIAM MODRE and BENJAMIN HERZWEIG.~ Variances to the Zoning Ordinance, Articles: (a) XI, Section 100-119.2 for an insufficient setback from wetlands area, and (b) III, Section 100-31 for an insufficient frontyard setback~ for a proposed single-family dwelling structure at premises known as 675 Meadow Lanes Mattituck Estates Map #4453, Lot #42, Mattituck, NY; County Tax Map District 1000, Section 115, Block 05, Lot 007, containing .51± acre. 8:20 p.m. Appl. No. 3629 - IRWIN AND SONDRA THOMPSON. (To be reconvened) 8:30 p.m. Appl. No. 3543 (To be reconvened~ PETER AND BARBARA HERZ. 8:40 p.m. Aopl. No. 3640 FRANK AND EDITH SAWICKI. Variance for approval of insufficient width of three parcels in this pending Minor Subdivision, each having a minimum lot area of 80,000 sq. ft. Location of Property: north side of C.R. 48 (a/k/a North Road), Southold, NY; County Tax Map Parcel ID No. 1000-51-3-12.1, containing 15± acres. 8:50 p.m. Appl. No. 3625 PUD~E CORP. Resolution concluding hearing. (No oral testimony.) 8:55 p.m~ Appl. No. 3638 JAMES AND MARY TYLER. Special Exception modifying Appl. ~o. 3400 to permit vehicle doors facing street side as constructed in this establishment of a public gara§e under Article VII~ Section 100-70(B)[4] of the Zoning Code. Location of Property: 6795 Main Road, Laurel, NY; Mattituck Holding Co. Minor Subdivision Lot #3; County Tax Map District lO00, Section 125, Block ~, Lot 19.6. Page 3 Notice of Hearings So~thold Town Board of Appeals Regular Meeting of June 18, 1987 The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: May 21, 1987. BY ORDER OF THE SOUTHOLD TOWN ~OARD OF APPEALS GERARD P. 'GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Notice to Newspapers: Please publish once, To wit, June ll, 1987 and forward two affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971 on or before June 15th. Thank you. FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD. N.Y. NOTICE OF DISAPPROVAL ...'~. ~..~...t,...~,..ti .~.~;.~ ...... PLEASE TAKE NOTICE that your application dated ...Q~...~.q. ......... 19 ~ 7.. for pemfit to ~. ~.~..~. ~.. ~ ~.'7~. ~. %. ~,... al lg~ mo~k . ~ Lot .~.~. County Tax Map No, 1000 Section . .- ............................... Subdivision ................. Filed Map No ................. Lot No ................. is returned herewith and disapproved on the following grounds. (~..' .~.. ~... ~..*.~ l .~..? .~ .~) ~ ' ~,.~ X.~...~,~~ 7~ , ......................... . Building Inspector TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ..... ,J. u. n..e... ~ :....l..9..8.?.. TO THE ZONING BOARD OF APPEALS, TOWN OF soUTHOLD, N. Y. 1, (~We) The North Fork .,~..rl¥ Learning Cen~r (500 Wickham A'v'enue Nome of Appella,n~ Street and Number .......... Lv~h~.t~uck, ............................................................... .~.e.w..~.o..t:~ ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION .... ' .................. ~ .................. DATED.....A~9..r~ ~l....2.~ ~....l..9..8.~ ...................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( Same ) Name of Applicant for permit of Street and Number Municipality State () PERMIT TO USE (X) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY Pike & Wic..~..am & Hill Stre.e. ts Mattituck Street /Hamlet / Use District on Zoning Mop District 1000 Section i,,~Block~Lot 0 .... ................................ .~u. ............ ~.~ ....... ~..~urren~ Owner Veteran's Community Center Inc. Mop No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article I~Z Section !00-~0~ (Permitted Use) 3, -I-YPE OF APPEAL Appeal is mode herewith for (please check appropriate box) (X) A VARIANCE to the Zofling Ordinance or Zoning Map (~g~<~~') A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () ( ) (X) ( ) 4. PREVIOUS APPEAL A previous appeal (has) (h]~)f~) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ~ request for a variance and speaial e~aeption and was made in Appeal No ..... 3632.....[~f,.,. ...... Dated ....5,/8J8.7 ....................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Day Care Center not listed as a pervaitted useein A zone under 100-30 (A) Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or u. nneces- sc~ryHARDSHIP because The property and building were designed ~o Spe~if£eaily~a~e~ce communit~ group use 37 years ago and have in fact se_~ced that function. Neither the Veterans nor the Town ever requested classification of any kind. The property and buildin~are unsuitable for use as a sin~J_e family residence. A significant portiono~f t-he property is reserved for a Vet~eran~s Memorial and Commercial usage abuts the property on the north side. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property ana in this use district because This building was built and designed for, and has always been used for community group needs. It is a unique bu~ld~-ng~in the vicinity, unsuitable for a s~ngle family residence. The use is a p6~fect buffer between co~erciat usages (~ttituck ~nitation, K.G. Bro~ ~nufactmring and Mad Printers adjacent to the North and the 3 residential properties to the South. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Our use is perfectly suited to the design of this building and property. This type of operatio~ i~ this building has been part of the character of the district for the pasv 37 years. This transitional use perfectly shields the residential properties from the commercial properties. STATE OF NEW YORK ) . ) ss ~ ~ .Signature, COUNTY O F ...~,~[~---~ ) ~/e~ 7~ ~/~-~h/ ~_, } £~-~"7'~ ~ Sworn to this .............................................. day of ......... ~..~..~-. ............................. 19 N6tary Public OF $OOTHOLD PROPERTY CArD OWNER FORMER OWNER _AND ~ IMP, VL. TOTAL 1~20~o /ooo STREET !VILLAGE ,S TFARM DATE COMM, CB. ~ REMARKS 0 oo0 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per i Vclue Acre Woodland Meodowland House Plot Total FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK COLOR <.. ,., ..... ~,,~ TRIM Extension ~xtension ~orch 7arch Foundation .~67 Be, th I ~ ,, Basement .~'/~ .... Ficors Ext. Walls !~ ~ ~ -~ ~'.~ ¢ r~'~,;,<~nteri°r Finish Fire Place ~ Heat Dinette K. _.1'%#'; ~r _ LR. ~ reezew~y Saro;e ';Type Roof R¢oms ~otio Recreofion Room Rooms 2nd FIoer FIN. B D.B. Dormer Driveway Total ~'~ ~ /~ / TO%'~ OF SOUTHOLD IN THE MATTER OF THE NORTH FORK LEARNING CENTER THURSDAY, MAY 21, 1987, PUBLIC HEARING 8:07 p.m. Appeal No. 3626-SE - Public Hearing commenced in the Matter of NORTH FORK EARLY LEARNING CENTER. Special Exception to the Zoning Ordinance, 100-30B(3) for (nursery) school (or day care center), as a nonprofit organization, referred to as "Veterans Community Center," north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mattituck. "A" Zone. 8:07 p.m. Appeal No. 3632 - Public Hearing commenced in the Matter of NORTH FORK EARLY LEA~ING CENTER. Variance as to in- sufficient setback of existing building and lot area for nonprofit (nursery) school (or day-care center) within existing building re- ferred to as the "Veterans Community Center", Pike and Hill Streets, Mattituck. "A" Zone. The Chairman read the legal notices and applications for the record. CHAIRMAN GOEHRINGER: We will do these simultaneously. We have a copy of a survey indicating the three roads that this building is on of approximately 1.5 acres. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard on behalf of this application? Yes sir. MR. MUELLER: Hi. My name is Doug Mueller. I'm the director of the program. Just simply, I think the application you just read states the case. I think that the building is very specifically and uniquely set for the purpose that we're using it for. In the Town of Southold, the Town Board has seen fit to agree with this and backed that up with an approval of funds that help us meet the state and town approvals. CHAIRMAN GOEHRINGER: Can I ask you what precipitated this appli- cation? Why we're you turned down. MR. MUELLER: Basically, the community center has never had any form of C of O or even proper papers since it was built. -I guess it was just left alone because it was a veterans group. And I was the first group to seek any form of licensing from outside the town. In order to have a full day program, you need to have approval from the State and the State requires a letter of approval from the Zoning Board. CHAIRMAN GOEHRINGER: Can we expect any difference or changes in physical characteristics of the building by your getting it? MR. MUELLER: ing. The building has never had anything made to the build- CHAI~.~N GOEHRINGER: ~at about to the yard area or anything? Page 2 - May 2~ 1987 Public Hearin~North Fork Learning Cent~ Southold Town ~oard of Appeals MR. MUELLER: The yard area, currently in the last 5 years, had a small fence well within the property lines and that fence is going to be replaced with a chain link fence 4 foot high. The same di- mensions on the survey, I think, it shows a littler/10 f~ot~'a~ea. around the garden where it changes. Otherwise, it's the same fence and there are no other changes to be made. All the changes in the building are basically safety orientated for the State. Alarms~and plumbing and things like that, electricity. CHAIRMAN GOEHRINGER: Would you be coming back with another appli- cation asking for more occupancy? MR. MUELLER: We couldn't have more occupancy without major struc- tural changes to the building. It's not self allowable. CHAIRMAN GOEHRINGER: You use the entire first floor area of the building. Is that correct? MR. MUELLER: Yes. that's correct. CHAIRMAN GOEHRINGER: You would not be utilizing any of the second floor of the building? MR. MUELLER: No. The second floor of the building is unfit for any usage at this point. The entrance to it is an interior stair- case. The exterior staircase in the back is even inappropriate. It would take major renovations far in excess of what we're put- ting in the building now to change the upstairs. It would take exterior staircases front and back, windows. It would be a major renovation for the top floor to be used. We don't have access to it. It's not part of our rental. It's not in our current lease and we don't anticipate using it. CHAIRMAN GOEHRINGER: Granting both a variance and special excep- tion for the use of this building, would it precipitate a lease or a more extended lease for you, for you to operate this center? MR. MUELLER: Well, currently we have a lease that just took effect. It's a three year lease. And at this point, that's the intent of the veterans group is to work it three years at a time. They seem very happy with us. We have been managing the building in its en- tirety without any help or interference. And they just would like to take it three years at a time so that they can see we'~e operat- ing in accordance with their own wishes and we're happy with that. We do have a relationship of trust and I expect to continue there as long as it's serving the community and it pleases the veterans group. CHAIRMAN GOEHRINGER: The reason I ask the question is; I was just wondering if the veterans group was utilizing the building in any way at any time. MR. MUELLER: Well, within the lease, they have permission to use the kitchen on Veteran's Day. And I believe .... I think that's it. And I also think, there's something about the senior citizens are asked to be allowed to use the parking lot once a month when they take their monthly trip and leave their cars there. Page 3 - May 21, /)87 Public Hearing -~rth Fork Learning Center Southold Town Board of Appeals CHAIRMAN GOEHRINGER: There's no indication that they are going to now rebuild the upstairs of the building and use it for a hall or anything of that nature. MR. MUELLER: The veterans have not used the building in over 5 years. The 5 years that I know of, it hasn't been used in any way.and they have no intention right now of using it. CHAIRMAN GOEHRINGER: Ok. I thank you very much. Anybody else like to speak in favor,of this application? Anybody like to speak against it? Any questions from Board members? Hearing no further questions, I'll make a motion (and wish you good luck) closing the hearing and reserving decision until later. Ail in favor - AYE. Town Board of Appeals sr'IUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H, SAWlCKI June 23, 1987 Mr. Glen Moller, Director North Fork Early Learning Center 600 Wickham Avenue, Box 1053 Mattituck, NY 11952 Re: Appeal No. 3632 - Variance Dear Glen: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board-of Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to issuance of any permits or other be applicable. the Building Department for approvals in writing as may Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Enclosure Copy of Decision to: Building Department Planning Board Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski NOTICE OF HEARING~; . NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town La'~ and the Code of the Town of' S0uthold, the following public hearings will be held by the _S.O_~UTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY, on THURSDAY, JUNE 18, 1987, at the lollowing times: 7:35 p.m. Appt. No. 3605- TED_.~DO~W_D:. Variance for Ap- proval of Access pursuant New York Town Law, Section 280-a, over a private right-of- way located off the north side.of the Main Road, Southold, extending to the applicant's premises, identified on the Suf- folk County Tax Map m Di~'ict 1000, Section 56, Block 1, Lot 5.1 (5), containing 7.3+ acres. ~7:40 p.m. Appl. No. 363 .2~ ehearing on Amended Ap- plication of EARLY C_ENTE_R. Variance to the Zon- ing Ordinance, Article Ill, Sec- tion 100-30(A) to permit the establishment of a Day-Carek Center, at premises referred to as the Veterans Community Center, north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, .Mat- tituck, NY; County Tax Map Parcel ID No~ 1000-140-2-39, containing 1.7~ acres. 7:45 p.m. Appl. No. 3637-__C. ,[~J~P..Q.Tff~: · AND A. HOMAYUNE Variance to the Zoning Ordinance, Article III, Section 100-31 (100-32) for per- mission to construct deck addi- tion to dwelling with an insuf- ficient frontyard setback from Soundview Avenue. Location of Property: East side of Goldin Avenue and south side of Soundview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000-135-2-22. 7:50 p.m. Appl. No. 3641- BRETT AND JANET KEHL. Variance to the Zoning Or- dinance, Article 111, Section 100-32(A) for approval of the construction of an accessory building with height in excess of maximum 18-feet, or in the alternative, Article 111, Section 100-31(A) for permission to con- struct addition to dwelling with an insuffici~n3 sideyard setback. Location of Property: 5500 Main Bayview Road, $outhold, NY; County Tax MapParcel ID No. 1000-78-4-32. 7:55 p.m. Appl. No. 3634- RICHARD F. MULLEN. JR. Variance to the Zoning Or- dinance, Article XI, Section ~.~110~_ZI19.1 (A) for~ermi_ssioa ta COUNTY OF SUFFOLK $$: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ........................... weeks successively, commencing on the ........ ~'~/. 5 ........ da ........... 19 ..... ( ~ Sworn to b~fore me this .......... : .......... day of ,5/ Notary Public BARBARA FORBES Notary Public, State o£ New York No. 480~846 Qualified in Suffol~ Count~- Commission Expires ~r NOTICE OF HEARIN~ NOTICE IS HEI~g GIVEN, pursuant to Soction~267 of the Town Law and the Code of the Town ofseuthold, the follow- ing public hearings will be hekl by the SOUTHOLD TOWN BOARD OF APPEALS at a R~gular Meeting at the Southold Town Hall, Main Road, South- old, New York, on THURS- DAY, JUNE 18, 1987, at the fol- lowing times: 7:35 p.m. Appl. No. 3605 - TED DOWD. Variance for Ap- proval of Access pursuant to New York Town Law, Section 280-a, over a private right-of- way located off the north side of the Main Road, Southold, and extending to the applicant's premises, identified on the Suf- folk County Tax Map as District 1000, Section 56, Block 1, Lot 5.1 (5), containing 7.3 +- acres, tn · 7:40 p.m. Appl. No. 3632 - Re- hearing on Amended Applica- tion of NORTH FORK EARLYI LEARNING CENTER. Vari-] ance to the Zoning Ordinance,~ Article III, Section 100-30(A) to ~ permit the establishment of a Day-Care Center, at premises referred to as the Veterans Community Center, north side of Pike Street; east side of Wick- ham Avenue, and south side of Hill Street, Mattituck, NY; County Tax Map Parcel ID No. 7:45 p.m. Appl. No. 3637 - C. KAPOTES AND A. HOMA- YUNI. Variance to the Zoning Ordinance, Article III, Section 100-31 (100-32) for permission to construct deck addition to dwell- ing with an insufficient front- yard setback from Soundview Avenue. Location of Property: East side of Goldin Avenue and south side of Soundview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000-135-2-22. 7:50 p.m. Appl. No. 3641 - BRETT AND JANET KEHL. Variance to the Zoning Ordi- nance, Article IH, Section 100- 32(A) for apl~oval of the con- struction of an accessory build- ing with height in excess of maximum 18-feet, or in the al- ternative, Article III, Section 100-31(A) for permission to con- struct addition to dwelling with an insufficient sideyard setback. Location of Property: 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. 7:55 p.m. Appl. No. 3634 - RICHARD F. MUI.I.RN, JR. Variance to the Zoning Ordi- nance, Article XI, Section 100- 119.1(A) for permission to erect fencing in the frontyard area with a maximum height of six feet. Location of Property: East Side of Cottage Place, Southold, NY; County Tax Map District 8:05 p.m. App,- tho. ,~l; as i)FNEWYORK ) Am~mkd - WILLIAM MOORE AND BENJAMIN ) SS: HERZWEIG. Variances to the g OF SUFFOLK ) Zoning Ordinance, Articles: (a). XI, Section 100-119.2 for a.n !~- sufficient setback from wetianus d Wi- 1 1 ± ams of Greenport, in area, and (b) III, Section 100-31 for an insufficient frontyard set- nty, being duly sworn, says that he/she is back, for a proposed singte-fam- Clerk of THE SUFFOLK TIMES. a Weekly ily dwelling structure at prem- ises known as 675 Meadow )or, published at Greenport, in the Town Lane, Mattituck Estates Map #4453, Lot #42, Mattituck, NY; old, County of Suffolk and State of New County Tax Map District 1000, ~ that the Notice of which the annegad is Section 115, Block 05, Lot 007, containing.51± acre. ] copy, has been regularly published in 8:20 p.m. Appl. No. 3629 - IRWIN AND SONDRA ~spaper once each week for THOMPSON. (To be recon- ccessively, commencing on the 1]~_t_h vened) June 19 87 . 8:30 p.m. Appl. No. 3543 - - pETER AND BARBARA HERZ. (To be reconvened) 8:40 p.m, Appl. No. 3640 - FRANK AND EDITH SAWICKI- Variance for ap- proval of insufficient width of Principal Clerk  three parcels in this pending Minor Subdivision, each having a minimum lot area of 80,000 s~.' ~ore mo this i~. Location of Property: north ~ ~-~~19_ ~- M~R¥ K D£GN~N side of C.R. 48 (elide North . . Road), Southold, NY; County Tax Map Parcel ID No. 1000-51- ~x_._~ ~.'~ ~ebruar~ 19~Y~r 3-i2.1, containing 15 +- acres. 8:50 p.m. Appl. No. 3625 - pUl)GE cORP. Resolution concluding hearing. (No oral teastimony.) 8:55 p.m. Appl. No. 3638 - JAMES AND MARY TYLER. Special Exception modifying Appl. No. 3400 to permit vehicle doors facing street side as con- ~s establishment of a public garage under Article VII, Section I00-70(B)[4i of the Zoning Cede. Location of prop- erty: 6795 Main Road, Laurel, NY; Mattituck Holding Co. Minor Subdivision Lot #3; County Tax Map District 1000, Section 125, Block 1, Lot 19.6. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the ~beve matters. Each hearing will not start before the time al- lotted. Written comments may be submitted prior to the conclu- of the subject hearing. For information, please call 765-1809. Dated: May 21, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linde Kowalski, Board Secretary 1TJll-5625 Southold Town Board of Appeals ~<:~,~,z~ TELEPHONE (516)765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel fre'e to call our office, 765-1809. Yours very tr,ulv_.~ , ~ G'~RAI~D P. GOEHR~'NGER ~9~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk BOARD O~ APPEALS, TOWN OF SOUTHOLD In the Matter o~~ the Petition of : to the Board of Appeals of the Town of Southold : TO: M3'. & Mrs. Frank D. Tyler 1435 Pike Street Ms. Viola H. Kramer 1385 Pike Street Mattituck, NY Mr. & Mrs~ Joseph Petrauskas PO Box 530 Mattituck, NY NOTICE TO ADJACENT PROPERTY OWNER Box 1211Mattituck, NY YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold tO request a ~ (Sp~R~K~X~tX~kX~XXX [circle choice] TO n .... ~'~ ~ Day '~o'"'~ '~'~*~-' )' 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Tax Map No. 1000 140.00 02.00 039.00 3. That the property which is the subject of such Petition is located in the following zoning district: A AKricultural / Residential 4. That by such Petition, the undersigned will request the following relief: Variance from 100-30 (A) Day Care Center not listed as a permitted use in A zone, .5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sectic~ 100-30 (A) [ ] Section 280-A, New York Town Law for approval of access over right(s)-ofrway. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765--1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: June 4, 1987 North Fork Early Learning Center Petitioner 0wners'Names: Veteran's Community Center Inc. Post Office Address North Fork Early Learning Center PO Box 1053 Mattituck, NY 11952 PROOF OF MAILING OF NOTICF- ATTA~%[ ~I~'~mTI~TI~'~'~ MATT. ~R~TPT~ P 281 533 107 RECEIPT FOR CERTIFIED MAIL P 281 533 109 RECBP~ERTU=IED ~ANL P 281 533 108 RECEIPT FOR CERTIFIED MAIL STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.; Glenn T. Holler , residing at 84 Glider Avenue Riverhead, New York 11901 , being duly sworn, deposes and says that on the day of ,19 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- f~ce at (certified) (registered) mail. Sworn to before me this day 9¢' C~_ _. ~_~ ,19/~ / Notary Public ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.) QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes ~ 2.a) *b) 3J 4. 5. Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Yes ~n Code, Ch. 97 for your reference.) ~ there any areas open to a waterway without bulkhead? Yes Are there ex~sting structures at or below ground level such as patios, foundations, etc? ' Yes Are the~e any existing or proposed fences, concrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Are there other premises under your ownership abutting this parcel? If.yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership,Jif any)? State Permit # and Nature: Yes Q Yes (~ Yes (~ Yes N~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town TrUstees County Health Department Village of Greenport Yes Yes Yes Yes N.Y.S.D.E.C. ' · / , ~ Other ~S ~)~-~ ~ ~'~/~ ~(~ /'.0 - / ~ ' / lO. Is premises pending a sale or conveyance~ If yes, please submit copy of names or purchasers (~( and conditions of sale~(from contract). Yes ll. Is new construction proposed in the area of contours · ~ at 5 feet or less as exists?. Yes 12~ If new construction is proposed in an area within 75 feet of wetland grasses, or land area at a~ eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an ~ inspection for possible waiver or permit under Yes the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations~onQucted upon the subject property at this time p~c]l~l and proposed ~CL~IC~£e ~,~'f'~£ ' · Please submit photbgraphs foN the reco6d. I certify that the above statements are true and are being submitted for reliance by cation. the Board of Appea~i_n co~pli (~ O~nu~') ' (AuthoriZed Agent) Signature 3/87 lk § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3.2ti- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or'lands lying beneath tklal waters, which at mcan low tide are covered by tidal water0 to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) All banks, bogs, mca(lows, fiats aml tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay. black grass, saltworts, sea lavender, tall cordgrass, high bush. cattails, groundsel, marshmallow and Iow march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the m~,st lundward edge of such a tidal wetlaml. FRESIIWATER WETLANI)S: (1) "Freshwater wetlands" as defined in Article 2,1, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of thc Sta~e of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of tho most land- ward edge of a "freshwater wetlaad." 9705 To: Southo!d Town Board of Appeals Main Road Sou2hold, DIY 11971 .o, ^ppeal ^pplic t on or.7t Location of Property: ~ [~ ~n reference to the New York State Tidal Wetlands r~and-U?. Re~u~ations, 6 NYCRR, Part 661, sad Article 25 of the llew York Environmental Conservation Law, please be advised tha~ arb}ecs property iQ the within appeal applies=ion: ] M,ly bo located )~ithin 300 feet of tidal wetlandu ho%-i,~ver, cons=rutted along the water-lyinff edco of this prope~'ty is a bulkhead in very good condition and at least 100 fee~ in ~length. ~ ] May b~ 'located within 300 feet of tidal wetlands. however, constructed along the wa~Cr-ly_..= edge of thi~ proper=y is a bulkhead ~ .n need of (m_,.o.] (major} repairs, and apprg:{imate!y feet In length. -. [ ] [ May be located within 300 feet of tidal wetlands; however, constructed along the %';stet-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of ' " · tlda! wetlands; and there ss no bulkhead or concrotu s~a!! e:cisfin 'on the premises. Is not located within 300 feet of tidal Wetlands to the best of lily kno%.;ludc3e., J!;tarred items (*) indicate your property does not appear to fall withi:! the jurisdiction of ~hu N.y.S' D.E.C. Sincerely yours, ~:OTE: If proposed project falls ~itP~in D.E.C. jurisdi'ction, approval must be received an.d sukmit~6d to our office befo£e Your applica=ion can be scheduled Eec a public hearing. ENVIRONMENTAL (e) Xn order to an=war tho questions In th£~ abort £A[: ts 1~ oJ~d time ~he roparer wt~[ uae currently av&~Xablo infonn~tion concox~ng tho proJnc: and tho or other 1nvosctgat~ono ~1 bo ~dortoKon. (b) If any quos:Los has boon answered Yes the project rm~ bo si~:nif~conc and a (C) If all questions have been answered No it i3 likely :~m% this pro,J,ct in .ag,% Will project result ~n a la~ge physical c~mngo to the project site or physically alter more th~n 10 ~creo of land? · · ..... W~ll thoro be a ~Jor chnn~o to any unique o~ unusual land fo~ fo~d on tho ).W~i ~l'oJec% ~l%or Or have a largo uffect on an oxis%im~ body of water? · · · · · &.W~i project have a potentially larg~ ~pac~ gro~dwa%Cr quality? · . . · * ~. W~i project ~l~ificantly. effcct drainage fl~.~ ~. Will prelect affect any t[~at.m.d or endangers.! '-plant or ank~%l species?. · . · · , 7. W~I proJe[~ re~t in a ~raJor udww'un effect air quality? . · . · · . . .. W~I pro]et: haw'a ~m3or effect cn vlmml char- ac%er of tho com. munt%y or scenic views or uFO Of his~orlc~ pro-his~oric, or p~leontological importance or any site dosigna~ed as s critical environmon~l area by a local agency? . . lO. W~i project have a ~3o~ effect on exiut~g or future r~creational opport~ities? · · . Il. Will project.result' in mJor traffic problems ~ cause a ma~or effect to ex~sting ~u'anspo~ta~lon sys~em~? , , , · · · · · · · · 12. Will ~roJect rog~arly cause objectionable noise, glare, vibrat~on, or electrical disturb- ance as a reset of the project's cperation? 1~. Will project have any impact on public health Y Will proJoc~ ~ffOCt tho existing co~n.n~ty b7 ~lrectly cau~/~g a ~rowth ~n perm. neat l:upula- ties cf moro than ~ percent over a eno--your period o~ have a major negative effect un tr, e character cf %ho cOn~unity Gr nelghL'orhocd?. . l~. l~ there public co~%rovurny contemns,,, th,~ pro,eot? PREP~gER'S SIC:I,tTL~E~ ,,. ' TI'fL~h '~/1/~8 / / / Yes ,,"'~, No Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS May 21, 1987 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. S. E. Q. R. A. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3632 PROJECT NAME: NORTH FORK EARLY LEARNING CENTER This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Establish nonprofit private (nursery) school or day-care center within existing building which is set back less than 50 feet from Pike St. and upon premises having less than five or more acres LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Pike St. and Wickham Ave., Mattituck, NY 1000-140-2-39 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new construction. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc MAIN ROAD. P.O. BOX 1424 MATTITUCK LONG ISLAND · April 16, 1987 Ms. Linda Kowalski Secretary to Zoning Board of Appeals Town of Southold Town Hall Main Road Southold, New York 11971 Re: Special Exception Application for North Fork Early Learning Center Dear Ms. Kowalski: With respect to your request for additional information on the above referenced application, I have set forth the responses below: 1. The maximum number of students is twenty-nine (29). There are four (4) teachers, and one (1) administrator. 2. Enclosed herewith is a drawing showing the buildings and parking lot. The parking lot is poorly paved, so identifiable parking slots are not possible. Also enclosed is a drawing of the playground facility. 3. We have applied for a Pre-C.O. to the Building Department. 4. We have previously submitted regarding Notices to Adjacent Owners. the affidavit 5. Regarding the North Fork Early Learning Center's tax exempt status, please find enclosed a Declaration of Trust for the North Fork Early Learning Center Charitable Trust, which was set up to give the North Fork Early Learning Center tax exempt status until the Internal Revenue Service rules on the application for tax exempt status which has been filed by the not-for-profit corporation organized to conduct the business of the North Fork Early Learning Center. New York State's Department of Social Services, Day Care Licensing Division, has indicated that the tax exempt status is routinely approved following licensing of a day care operation. The licensing of this particular day care operation requires letters of approval from the Town of Southold with respect to the premises. If additional information is required, please do not hesitate to call. DCR:AL Enclosures 'k I A¥ 0 B 'row, oF sou'r, mJ). YOmC ,~1~111~!~111~1~ PROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO.,~' -~ DATE "~"'/~"0 ........... ",.~/ Name of Appellc~m ~ Street and Number .......... ~..~..~..~..~...~...C...~.. ......................................................... ~..{~.~'....~..~.':I~.."EREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION ~.~=al~J~- ........... ~ ............ t ......... DATED ........ i. .......................... WHEREBY THE BUILDING INSPECTOR DENIED TO ........................ ............................................ Name of Aj~plicant for permit of Street and Number Municipality State PERMIT TO USE ( ) (4) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE ~R~PERTY~AC.iR.<..Q~?.i.~.~...~..~!:..c~....~....~....~.~..iJ~L~..~.?.~.:~...~...~..~...~.~ ...... Street /Hamlet / Use District on Zoning Map ~!s.t.~r.~!.c..t.~!.~..~..~s.e..c.t..!.°.~n.~!~.~.~?.~B~!~°.c.~.k~?~.L..°~.t.~.~.~urre~t Owner ~e.'~e£a~s Mop No. Lot No. Pri or Owner / 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~ Section /Ob 3 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. ]6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (,h~,~) h~s not~Jbeen mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~) A Variance to the Zoning Ordinance ( ) is requested for the reason that ~m ZBZ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP be~:ouse 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD CHARACTER OF THE DISTRICT because NOT CHANGE THE STATEOF NEWYORK ) COUNTY OFO~//~0 j~ ) Signature Sworn to this .............................................. day of .......... ~ ................................... 19~ (~ / . L1NDA ~. KOWALSKI .................~..~' ..................................... lJ~. Notary Public ~u~t:Jie~ Jfi S~JJoJ~ Commission Exp;res BOARD OF APpEAi:s. TOWN OF SOUTHOLD In the Matter or' the Petition of : NOTIL'"I[ TO to the Board of Appeals of the Town of Southold : ADJACENT TO: ~-'" ~ ' .e- ' 7 ~ I ~ ...... / ' YOU ARE HEREBY GIVEN NOTICE: 1. Tha~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (~ariance~)(Special Exception) (Special Permit) (Other) [c±rcle choice] 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: .~.. /v(d~O /Lie.. ~0~0 ~t~O, dD (~,00 0~. OdO 3. ~hat the pro.perCy whiqh/is the su, bje(;t qf such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code a~oplicable to the relief sought by the under- signedare tLrticle ~ Sec'c~c~ / Sb - ~b( ~ ) ~ C:i/~-d( -,-/ r ] section 280-^, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (5].6) 765-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner , Owners' Names: ~/P~Le/'a~ (: Post Office Address NAME PROOF OF MAILING OF NOTICF ATTACH C~:~(TIFIED MAIL RECEIPTS ADDRESS p 281 5~4 RECEIPT FOR CERTIFIED MAIL (See Reverse) -- p 281 533 925 C STATE OFNEWYORK) COUNTY OF SUFFOLK) SS.: ~'~4/ T. /'~'F,)~-~,~. , residing at ~ ~/~ ~, ~/~-~ ~ /~ / , being duly sworn, dep~ and ~ys that on ~he ~ day of ~ ,19 ~ , deponent mailed a ~rue copy of the Notice ~t forth on the re- ve~ side ~ereof, directed to each of the above-named persons at the addres~ set opposite thor respective name; that the addresses set opposite the names of said persons are the addrmses of said persons as shown on the current assmsment roll of the Town of Southold; that ~id Noticm were mailed at the United Stat~ Post ~- rice at ~R ~t ~c/~ ~ //~ ; that said Notic~ were mailed to each of said persons by (certified) (registered) mail Sworn to before me this (This side d property completed on form transmitted to adjoining QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO THE BOARD OF._~_~'P~EALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes 2.a) *b) 3. Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Yes Town Code, Ch. 97 for your reference.) ' Are there any areas open to a waterway without bulkhead? Yes Are there existing structures at or below ground level such as patios, foundations, etc? ' Yes Are there any existing or proposed fen~, concrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above Yes average ground level? State total: ft. e If project is proposed for principal building or structure, is total height at more than 35 feet above average ground~l? State total: ft. Are there other premises under your ownership abutting this parcel? If.yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership,'if any)? State Permit # and Nature: Yes Yes' Yes lO. 11. 12; Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): No Planning Board ~ Town Board --- ~o Town TrUstees Yes County Health Department Yes Village of Greenport Yes N.Y.S.D.E.C. Yes Is premises pending a sale or conveyance? If yes, please submit copy of namgs or purchasers ~ and conditions of sale.(from contract). Yes Is new construction proposed in the area of contours ~ at 5 feet or less as exists? Yes If new construction is proposed in an area within 75 feet of wetland grasses, or land area at aB eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an ~ inspection for possible waiver or permit under Yes the requirements pf Ch. 97 of the Town Code? 13. Please list present use or operations cpn~¥cted upgn ~he _ - subject property at t~i~time and proposed ~eFy . *Please submit photograp/hs for'th~ r~ord. "~ I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in ~~lication. Signature (~y ~) (Authorized Agent) 3/87 1 k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 649841 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (I) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low title are covered by tidal watcro to a maximum depth of five (5) feet, including but not limited to banks, begs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, mca(lows, fiats ami tidal marsh subject to such tides and upon which grows or may grow some or any of thc following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and Iow march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the mo~t hmdward edge of such a tidal wetlaml. FRESHWATER WETLAN I)S: (1) "Freshwater wetlands" as defined in Article tlc 1, § 24-0107, Subdivisions l(a) to 1(d) inclusive, of the Environmental Couservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 ,S~ORT ENVIRONMENTkL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action, It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (d) Lnvironmental Assessment Will project result in a large physical change to the project site or physically alter more than 10 acres of land? · · , · · · , 2, Will there be a major change to any unique or unusual land form found on the site? Will project alter or have a large effect on an existing body of water? . . . . . Will project have a potentially large impact on groundwater quality? . 5. Will project significantly effect drainage flow on adjacent sites? . , , . , . . 6. Will project affect any threatened or endangered plant or animal species? , . o o . · 7. Will project result in a major adverse effect on air quality? , . o o · , , Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? · . . Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . . . 10. Will project have a major effect on existing or future recreational opportunities? . . . 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? ° ° · ° ° , · · · · · · 12. Will project regularly cause Objectionable odors, noise, glare, vibratzon, or electrical disturb- ance as a result of the project's operation? . 13. Will project have any impact on public health or safety? Will project Affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the character of the community sr neighborhood?.. 15. Is there public controversy concerning the project? PREP Yes /No Yes ~No Yes ,~/No Yes ~//No Yes ,~//No Yes Yes ~//No Yes Yes Yes .,~/No Yes ~/ No Yes ~//No Yes Yes ~/ No TITLE: ~)~_ To: Southo!d Town Board of Appeals '" blain Road Southold, HY 11971 Location of Property: In reference to the New York State Tidal Wetlands ~iand-Us Regulations, 6 NYCRR, Part 661, and Article 25 of the He:.; York State. Environmental Conservation Law, please be advised that subjee~ property i,n the within appeal ap: l~c,,.o,~: (pleas,_, chock one box) ' [ ] M.~'! be locatad within 300 feet of tidal wetland.-. hca.lever, cons~r~cted along the water-lying edco of this property is a bulkh_~ad in very good - condition and at least 100 fee~ in ,'length. ~ [ ] Hay b'e 'located %{ithin 300 feet of tidal wetlands. however, constructed along the %.~a~aTr-l. yin? edge of thi~ property is a bulkhead ~-n neea of (m~no (major) repairs, and apprgximate!v feet in length. ------- [ ] [ not appear to May be located within 300 feet of tidal wetlands; however, constructed al'one the %{ater-lying edge of this property is a bulkhead le~s than 100 feet in length. May be located within 300 feet of tzda! we~landj; and there is no bulkhead or cancr_~ta %~al! e?.is~in 'on the premises. Is not located within 300 feet of tidal wetlands to the best of my kno¥~led¢3e., [:;tarred items (*) indicate your sroserty d~ .... fall withi:~ tho 3urisdiction of the N.y.s' D.E.C. Sincerely yours, I:OTS: If proposed project falls %;it'l~in D.E.C. jurisdi'ction, approval must be received and sui:mi~- · . ~.ed to our office before your a~plica~ion can be scheduled for a Dublic ' ,~ '{' ' ,lC- ~...~g. ~ade t~ 19th d~y of ~ Forty-nine. ~t' CEDRIC Ho ~C~ and C~TTA S. residing at ~ttituck, Suffolk cowry, New Yerk, JVinetren Hundred and WICIOIAM, his wife, VETERANS' C0!~E~INITY CENTER, tion, organized and existing under the laws p~rt ies of tl~ flrst part, and INC., a membership corpora- of the State of New York, with office and principal place of business at ~ttituck, County, New York, Suffolk of the second p~rt, Three Thousand an}t 00/100 ...................................... Dol/a~ ($3,000.00 ) lawful money of the United States, paid by the party of the second part, do hereby !lrant and release unto the party of the second part, its successors and azsignz forever, all that tract or parcel of land situated at Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point formed by the intersection of the Easterly line of Wickham Avenue and the Northerly line of Pike Street, running thence Northerly along the Easterly line of Wickham Avenue, 188 feet, more or less, to a point formed by the intersection of said Easterly line of Wickham Avenue and the Southerly line of Hill Street; running thence Easterly along the Southerly line of Hill Street, 324 feet, more or less, to land of Abbie Conklin; running thence Southerly along said land of Abbie Conkltn, 218 feet, more or lees, to land of Joseph Adams; running thence along said land of Joseph Adams first in a Westerly direction, 130 feet, and thence in a Southerly direction 125 feet to the Northerly line of Pike Street; running thence in a Westerly directio~ ~long the Northerly line of Pike Street, 161 feet, more or less, to the ~oint or place of beginning. TOGETP..~.R with all the ridht, title and interest of the parties of bile first part, of, in and to those portions of Pike Street and Hill ;treet adJacen~ to the premises to the center lines thereof. part xe~ of"the first part in and to said premises, of tke second part, rights of the the preraises herein granted unto the party its successors and assigns forever. said parties of the first pert That said parties of the first part covenant as follows: seized of said premises in fee simple, and heve good right to c~nvep the same; ~'g~. That the party of the second p~rt shall qt~ietlp cn,~op the said premises; ~i~. That the said premises are free from inet~mbrances; ~Olll~h. That the parties of the first part will further necessarp assurance of the title to said premises; ~[~.. That said parties of the first pert execute or proct~re anp will forever O t'Igt' llllt the t tle to said l remises. ~LX~II. rhat t~ ~rantor ~ll receive tl~ consideratwn for this conveyance and wilt ~ld the right to receive s~ch cons~eration as a tr~st f~nd to be applied first for the pt~rpose of pa~in~ t~ cost of the improvement and will appl~ the same first to the paffment of the cost of the improvement before ~in~ ang part of the to{a~, ~f the same for any other purpose. hereunto set their hand and seal the d~zp and pear first a3ove written. Clare~ta S. Wlckham Suffolk S~.. · ,,f ct' On this 19th Forty-nine dali of ~Ja? ~¥ineteen Hundred and b~for-e me, th~ stt, bscriber, personally appettred CEDRIC H. WICKHAM and CLARETTA S. WICKHA~ t.o me personally known and known to me to be the same person s described tn and who exect~tecl the within Instrument, and t hey severally a~knowled~ed to me that they executed the same~ M. LORRAINE STELZE;~/ / / . . \ RECORDED R, FORD HUGHES *,~'~ . (]~.E.,m~K OF SUFFOLK COUNTY SOUTHOLD TOWN BOARD OF APPEALS IN THE MATTER OF NORTH FORK EARLY LEARNING THURSDAY, JUNE 18, 1987, PUBLIC HEARING 7:48 p.m. Appeal No. 3632 - Public Hearing commenced in the Matter of NORTH FORK EARLY LEARNING. Variance for establish- ment of Day-Care Center at the "Veterans Community Center", Pike Street, Wickham Avenue, and Hill Street, Mattituck. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: The next appeal is the re-opening of a prior appeal from two meetings ago. We had a special meeting in between the last one and that is concerning the North Fork Early Learning Center. On June 10th, we voted to re-open this hearing and I will not reread the application but I'll ask Mr. Muller if he has anything he'd like to add to the application. You want to shed some light so in case the public .... MR. MULLER: Since the last time I spoke, it just became clear to me that the point to emphasize is that it's not just that there was community center building there that was designed as a communi- ty center and used as a community center for 37 years. But that the property itself was carefully laid out to be community proper- ty and that it has a memorial and a flag pole and other Darts of its design that make it clearly unsuitable as a residence. CHAIRMAN GOEHRINGER: What about the nature of... As you know, I'll point out to you that we very rarely open a hearing again. If we do it once a year, it's just a rare situation. In your particular case, would you shed some light on why we re-opened it. Are you familiar with the legal reason? MR. MULLER: Yes. The application~was filed in such a manner ini- tially as to be a special exception. And it was felt that in terms of setting precedent toward the establishment of future institutions of schools and day care centers, it was more beneficial for the town in managing its district to change the nature of the application to the current filing which is a use variance. CHAIRMAN GOEHRINGER: And what is that use variance specifically for rather than a school at the moment? MR. MULLER: Well, technically the problem (I think) that arose, in my initial application, I included the words day care center being aware of state language myself of different labelling. Unfortunately~ in the educational world, there is no limit on the names you can give your school. North Fork Early Learning Center is a legal and fine name for my institution. Which in fact, serves both nursery and day care needs. We have a multiple usage of this space. We serve half day programs as weI1 a full day. So in effect, we are a nursery and day care. But the permissions needed for a nursery school are just about nil. Where the permissions for a day care Page 2 - June 18, 1987 Public Hearing - North Fork Early Learning Center Southold Town Board of Appeals MR. MULLER (continued): center is the significant thing on the Board. So that the appli- cation was amended also to clearly state that it was for a day care center since that's the nature of the permits that are re- quired. CHAIR~N GOEHRINGER: I believel at the last hearing you did men- tion something about the severe hardship that would exist if we did not so grant your application. Could you tell us what would happen if this Board so chose not to from a financial standpoint. MR. MULLER: Well sure. When I surveyed the need for the building and the property and what has become a permanent institution, it was clear that this center was about to close. And at that time, I approached all of the non-profit community groups in the communi- ty and I approached the Town of Southold and there was a strong re- sponse from the community groups and the Town of Southold to main- tain what is the only day care center in the township. And the cost of finding the site, I was a knowlegable person in the field when I chose this size. I searched for nine months every weekend and this was tile best available site in the township. I can say that with some authority. And it's very difficult to find an ap- propriate site. To build such a site, would be impossible on the budget of the current center. So it's a question of whether we'll have such an institution at all in the community for this or not. CHAIRMAN GOEHRINGER: As Vou know, that this marticular application. if the Board so desires to grant it, actually goes along With the land. It does not specifically deal with your name as it clearly is stated as your business name (so to speak) or your trademark or your logo or' goodwill or whatever the situation. Ok. Well we thank you very much. I just thought maybe the community or people here might want to know the reason why we re-opened the hearing. So I appreciate you're going through this. So basically, we're changing this from the idea of the school to the situation of basically a day care center. MR. MULLER: Right. ~]y nursery school that operates for more than three hours. CHAIRMAN GOEHRINGER: Thank you. One question that our assistant had discussed, Mr. Muller, was the fact that .... Well let me ask the question. Has this property ever been used for residential purposes? MR. MULLER: No it hasn't. In researching the deed which was done by both the surveyors and the law firm of Wickham, Wickham and Bres- sler and myself, I did some research on the deed myself and it was clearly donated to the community fro~ Seth Wickham and it was laid out to be a community space and the memorial was planned and the flag pole, etc. And ~he building was built by veterans of the com- munity clearly to be a community center. It was named the Veterans Community Center. But the property in its inception was designed for these purposes initially. Page 3 - June 18, 1987 Public Hearing North Fork Early Learning Center S~uthold Town Boamd of Appeals CHAIRMAN GOEHRINGER: Thank you very much. Is there anybody else who would like to speak either pro or con before we close this hear- ing for the second time? Hearing no further comment, I make a mo- tion closing the hearing, reserving decision until later. Thank you for coming in. Ail in favor - AYE. KEY MAP 51. $' ~r~e ~ rne~sl 51. 5' t4' ~ S. 74o22'00,,W, 130. O0 ' CEYORS 516) 765 - 5020 R O. BOX 909 MAIN ROAD SOUTHOLD, N.Y. 11971 N.¥.S. LIC. NO. 49668 ENGINEERS , P.C. CONc NIOIF ~/tOLA H. KRI~MER ~tandards for title surveys as establi~hed by the LI, A. LS. and approved and adopted for such use by The New York State Land Title Association. 162.56' SURVEY AND SITE PLAN OF PROPERTY AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. lO00 140 02 39 SCALE I"= 20' ' BLDG ZONE A POST OFFICE DIST FIRE DIST, SCHOOL DIST~ AREA =' 1.41 ACRES APPLICANT : NORTH FORK EARLY LEARNING CENTER -- MATTITUCK -- MATTITUCK -- MATTITUCK 87 -