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1000-96.-1-20.1
13'-6" 13'-6" 2'-6" 2'40'x4'-O' JIM DEERKOSKI.PE phone:(631)298-7116 - -------- -------- ------------------------------------------------------ ------ -------- -------- ------- --------------------- - -------- --- i ELIE] ELL] A1 fi 0 8 RR 016°OC ' F•i -�' A i i N 2X6 Q®16'00 n1 1 1 N 2X10 FI @76°OC N 1 1 OFFICE FRONT SCALE.3/8'•1'-0" V 2'-10°x 4b" 2'-10'x 4b' 4'-3„ 4'-311 21-6:: 13'-6" O cc 13'-6" V1 O ; FOUNDATION � a O SCALE:3/8"•I'-0" IST FLOOR V p SCALE,3/8"•1'-0" ) y - - - - - - = - - SIDE I SCALE:3/8"•1'-0° a Lai 1 � O C-2 N F�m l � a o c � L•c � c = m con c W LL- ON pF NEW ® ��P�S DEFR�O.p� ' O • t 11 w DRAWN BY:JD 1( �p Ld rr s 6/17/2015 O FQ o 2 C� lv� SCALE:SEE PLAN F; SHEET NO: A REAR A SECTION A-A SCALE:3/8"•1'-0" - 1 I SCALE,1/2"•I'-0' Cox, SURVEY OF PROPERTY LANA SITUATED AT CUTCHO GUE TOWN OF SOUTHOLD mss. SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-96-01 -20. 1 SCALE 1 "=40' AUGUST 1 , 2003 r MARCH 29, 2006 UPDATE SURVEY JUNE 26, 2007 FINAL SURVEY \\ OCTOBER 12, 2007 CHECK SEPTIC SYSTEM MEASUREMENTS OCTOBER 4, 2016 UPDATE SURVEY JANUARY 24, 2017 ADD BUILDING COVERAGE AREA = 39,525 sq. ft. `\ 0.907 ac. `\ o=� �A\ J� v m \Pv A� J� 2k V� m� \\s3 2� O� OJT h~ OJ 2 Cid X03. �i • o� �-N�� S6°�S ��. e SO U' ^2 0 S� C�N ��f/O/•lam )glb 04, rE all = STODGE• � .. k,�< Z� A. \5 S ro d d e `��� p° a Q) " 40 Ig9• N� ° e• ° < e = n 4aTere��eo ry" BUILDING COVERAGE '0s d' ..4 DESCRIPTION AREA % LOT COVERAGE p m ° •9 c , ' BLDG. No. 1 275 sq. ft. 0.7% cv o�� 2` e'• OS i ti p. °:° aN �v M `\\ O BLDG. No. 2 2,036 sq. ft. 5.2% 4; / CNC..:.. ° ° d o .�' ` \\ /. J��d BLDG. No. 3 1,547 sq. ft. 3.9% c ^o' ?• tt. a J/ GAZEBO BLDG.\\ / OGu. p"° �• BLDG. No. 4 2,094 sq. ft. 5.3% POND WITH o Tine WATERFALL a Sop O p. de. SHEDS (TOTAL) 359 sq. ft. 0.9% /�/ CNVN � •• ° �A'T'k ry d y O e °, GAZEBO 75 sq. ft. 0.2% q ". ._ BNj�S,Ta o O• O 91 ye � Q TOTAL 6,386 sq. ft. 16.2% N 4R p 0 Ce k�osA 7. /f d tib/e .°d ^ Q h O .oz ..° °.' ° ° ° o� '�?os• N 20.5 \w h�2 C) AME d' a o' J .. FRg ° `�'/ v;.v.'• ' �2 BUILDING Fq.C\ ) o /•r e. 3 p. BLDG. No. /o /ry V /f��dp e .d° °.. ,: �C f \ �PoNw • •�` 7o \ 1 STONE 7S."PILLAR POND Southold Town ° I : ``4PF AU�s [� ., Planning Board POND � a 3.8'W ON ^, PREPARED IN ACCORDANCE WITH THE MINIMUM dV e I. sroNE STANDARDS FOR TITLE SURVEYS AS ESTABLISHED e °@eCc WALL;.. OeW �`y ° BY THE L.I.A,L.S. AND APPROVED AND ADOPTED FOR SUCH USE TITLE ASSOCIATION. NY THE NEW YORK STATE LAND \ 7 .01 spa ° 1• '` .d :p. . 7.4 �►� d Y. Lic. No. 50467 UNAUTHORIZED ALTERATION ADDITION Nathan T af:t m� winf r i i i U THIS SURVEY IS A VIOLATITI ON OF SECTION 7209 OF THE NEW YORK STATE \\ EDUCATION LAW. Land Surveyor \ \ COPIES OF THIS SURVEY MAP NOT BEARING `\ THE LAND SURVEYOR'S INKED SEAL OR \�Q@• EMBOSSED SEAL SHALL NOT BE CONSIDERED \ 4i TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN Successor To: Stanley J. Isaksen, Jr. L.S. N ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A. Ingegno L.S. h IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys — Subdivisions — Site Plans — Construction Layout �r LENDING INSTITUTION LISTED HEREON, AND �4 TO THE ASSIGNEES OF THE LENDING INSTI— PHONE (631)727-2090 Fax (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. 0o THE EXISTENCE OF RIGHT OF WAYS OFFICES LOCATED AT MAILING ADDRESS Jr3a�' 4oc7 AND/OR EASEMENTS OF RECORD, IF 1586 Main Road P.O. Box 16 ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 MAILING ADDRESS: PLANNINGMEMBERS P.O. Box 1179 DONALD J.wILCENSKI � 0� 5 „'4 Southold, NY 11971 Chair "" "� J OFFICE LOCATION: WILLIAM J.CREMEIIS v Town Hall Annex PIERCE FFEI3TY � � 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. Youngs Ave.) MARTIN H.SIDOR � �� ; � Southold, NY um, Telephone: 631 765-1938 www.s outholdtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From. Donald J. Wilcenski, Chairman Members of the Planning Board Date: April 26, 2017 Re: Request for Comments for Chris Mohr/27A North LLC SCTM#1000-96.-1-20.1 ZBA#7047 The Planning Board received your request for comments regarding the above- referenced Area Variance Application for an "as-built" office structure located 657" from the front yard property line where a 100' setback is required in the Light Industrial (LI) Zoning District, OR the average of the adjacent parcels if they are developed. An amended Site Plan Application is currently being reviewed by the Planning Board and the Board generally has no objection to the location of the ±20'5" x 13'4" (275 sq. ft.) frame building proposed to be used for an office as part of an existing contractors yard shown on the survey dated August 1, 2003 and last revised January 24, 2017, prepared by Nathan Taft Corwin III; so long as it meets all emergency access rules and regulations. In this case, the adjacent parcels to the west and east are currently developed. The building to the west exists with a front yard setback of±74'8" and the building to the east exists with a front yard setback of±63'3"; the average of the two is ±69'5". The front yard setback of the subject building is approximately ±3'- 4' within that average and its location is of generally no concern to the Planning Board in this Light Industrial zoning area. Apri126, 2017 Southold Town Plannin'g joard Page 2 Please be advised that the Planning Board is currently in the middle of its Site Plan review process for this application and reserves the right to make any necessary changes to the Site Plan after reviewing all proposals thoroughly. Thank You for this opportunity to provide comments. If you should have any questions or require additional information, please do not hesitate to contact the Planning Office. Southold Town llannin Board Work Session —A ril 24, 2017 -- Fra e Discussion: ❖ Draft Comments to ZBA re: Chris Mohr Lawncare Shed SCTM#1000-96-1-20.1, 22155 CR 48, Cutchogue ❖ Local Law in relation to amendments to Chapter 275 Wetlands and Shorelines and Chapter 280 Zoning ❖ Review draft of"New Uses in LIO and LI Zones" BOARD MEMBERS0 so � Southold Town Hall Leslie Kanes Weisman,Chairperson 14 (?1 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer cf Town Annex/First Floor,Capital One Bank George Horning {� 54375 Main Road(at Youngs Avenue) Kenneth Schneider ' Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax (631)765-9064 MEMO TO: Planning Board E C E � WE FROM: Leslie K. Weisman, ZBA Chairperson FEB 15 2017 DATE: February152017 SoMold Town , Planning Board SUBJECT: Request for Comments ZBA #7047 —27A North LLC The ZBA is reviewing the following application, and enclosed copies of, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX #I ZBA HEARING VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED 27A NORTH 96.-1-20.1 7047 5/4/17 280-64 2/13/17 James J. LLC LI Zone Deerkoski Your comments are appreciated by one week prior to above hearing date. Thank you. Ends. FORM NO. 3 OWN OF SO THO T U LD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: April 1. 2014 RENEWED &AMENDED: January 30, 2017 TO: Lark&Folts (Mohr/27A North LLC) PO Box 973 Cutchogue, NY 11935 Please take notice that your application dated February 10, 2014 For permit for an"as built"shed addition and conversion to office space at Location of property: 22155 County Route 48 County Tax Map No. 1000- Section 96 Block 1 Lots 20.1 Is returned herewith and disapproved on the following grounds: The"as built"construction requires an amendment to the property's existing site plan approval. Furthermore, the "as built" construction is not permitted pursuant to Article XV,_Section 280-64, A.. which states, "Structures shall be set back at least 100 feet from the right-of-way.,' The as built shed has a front yard setback of 65.7 feet. utho Signature Cc: File, Planning, ZBA Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 22155 Street County Road 48 _Hamlet Cutchogue SC TM 1000 Section 96 -Block 1 L•ot(s) 20.1 Lot Size 39',525 Lone LI (Light Industrial) sq. ft. I(M"APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR' DATED 1/30/17 BASED ON SURVEY/91TE-ft-M4 DATED 1/24/17 owner(s): 27A North, LLC Mailing Address: P.O. Box 48, Cutchogue, NY 11935 Telephone: (631)765-4617 Fax: (631)765-9026 Email:chrismohrenterprise@yahoo.com NOTE:In addition to thB above:please complete—below—if application is signed-by applicant's attorney,agent;architect, builder,contract vendee,etc.and name of person who.agent represents: Name of Representative: Lark & Folts, Esgs.. for(C)Owner( )Other: Address: P.O. Box 973., Cutchogue, NY 11935 Telephone: (631)734-6807Fix: (631)734-5651 Email: larkandfolts@aol.com Please check to specW who you wish cornespondence to be mailed to,from the above names. ( )Applicant/Owner(s), (1�Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED /SITE PLAN DATED 2/10/04 and and DENIED AN APPLICATION DATED 1/30/17 FOR: 12/14/04 O.1Buildiig Permiit` ..` ( ) Certificate of.Occupincy ( )Pre:Certificate of Occupancy ( )Change of Use (X)Permit for As-Built Construction Q Other- Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not.quote the code.) Article: XV Section: 280-64 Subsecfion: A and B Type of Appeal. An Appeal is:made for:� -- - - - (X)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access.required by New York Town Law Section 280-A. (X)Interpretation of the Town Code,Article XV Section 280-64 ( )Reversal or Other A prior appeal(1)has, ( )has'not been made at any time with respect to ibis property,UNDER Appeal No(s). 5603 Year(s). 2004 .(Please be sure to research before completing this question or call our of cefor assistance) NameofOwner: Christopher Mohr ZBAFilo# 5603 (see attached) -1— REASONS FOR APPEAL BACKGROUND• In the latter part of 2012, your applicant converted and extended by 12 feet a 8 .5' x 12.4 ' (105. 40 sq. ft. ) wood frame building located in the front yard of the subject property to a small office building. Previously this building had been used for many years for miscellaneous storage for Christmas decorations, plant materials as well as an office for the sale of Christmas trees and plants for the Chris Mohr Lawncare and Landscaping business. The reason for the addition and conversion to an independent office building was that the office in the adjacent building was not a proper environment for the bookkeeper and secretary. This was due to the dust, fumes and noise from the workshop for the repair and maintenance of various landscaping machinery in this building. The existing 105.40 sq. ft. frame shed was extended 12 feet and converted into a small office. The construction meets all of the requirements of the Building Code, but was done without a permit from the Building Department. The applicant' s employees did the work and the applicant was .unaware that a permit was required because the building was shown on the survey dated August 1, 2003 and updated March 29, 2006 by Joseph A. Ingegno (a copy of which is attached hereto) . Your applicant was under the assumption that since this frame shed was on the survey it was also on the Site :Plan which had been approved by the Southold Town Planning Board on February 10, 2004 and amended December 14, 2004 . Subsequently, in obtaining the Building Permit for the "as built" office building your applicant was informed it was not included on the Site Plan and therefore the Site Plan had to be amended to show the "as built" office building. Your applicant was also informed that this incidental office building is setback 65.7 ' from County Road 48 and was in violation of §280-64 of the Zoning Code. §280-64 A states "Structures in the front yard shall be set back at least 100 feet from the right-of-way" . §280-64 B states "There shall be an exception to Subsection A if the adjacent parcels in relation to the subject property are developed. Then the minimum set back shall be the average set back of these two adjacent parcels. The adjacent parcel to the southwest is owned by Arthur Junge and Valerie Lasser which contains a one story metal building with a setback of 74 . 8 ' from the southeast corner of the building to County Road 48 . The adjacent property to the north owned by 372 Jericho Corp. which is an industrial park containing numerous businesses has a minimum setback of 63.3' from County Road 48 . The result being is that the average of these two properties is 69.05' which requires the applicant to obtain this 3.35' front yard area variance to have it comply with the average setback of the two adjacent properties . -2- FACTORS TO BE CONSIDERED: 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: this small office building with its location is unobtrusive and blends in with the adjacent buildings and is barely noticeable from the street and the adjoining properties. 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 small office building cannot be easily moved from its present location for two reasons . One, it is on a permanent foundation, in conformance with the State Building Code; and two, there is no other practical place to move this independent office building on the property without an area variance. 3. The amount relief requested is not substantial because: your applicant' s property and the two adjacent parcels located on the westerly side of County Road 48 are zoned Light Industrial and are fully developed which would require the applicant's property to have a minimum front yard setback of the average of these two adjacent parcels front yard setbacks along County Road 48 . The minimum setback to County Road 48 of the adjacent industrial complex to the north is 63.3' and the setback of the metal building to County Road 48 on the adjacent southwesterly property is 74 . 81 . The average setback of these two adjacent parcels is 69.051 . Your applicant's office building is 65.7 ' thereby requiring a variance of 3.35' or 4.85% relief from the Zoning Code. Considering the various landscaper's sales features in the front yard such as small ponds, waterfalls and gazebos, the requested front yard variance for this office building is not substantial. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: there is no evidence that indicates that the granting of the front yard variance and allowing this small office building to remain in its present location will have any impact on the physical or environmental conditions of this light industrial zoned neighborhood. 5. Has the alleged difficulty been self-created? (X) Yes, or ( ) No Why: Your applicant through ignorance, without the benefit of a building permit, extended the frame building and converted it into an incidental office building in connection with the Chris Mohr Lawncare and Landscaping business. However, in weighing all of the area variance factors to be considered by the Board and the practical difficulties of the applicant the allowing of this office building to remain will be of great benefit to the applicant and will not cause any detriment to health, safety and welfare in this neighborhood and adjacent properties. -3- Are there any Covenants or Restrictions concerning this land? (X) No ( ) Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. 27ANor , LLC By 1�4L ristopher Mohr, Member/Manager Sworn to before me this 2nd day of February, 2017 &&.4d1.-41 114-1 Notary Public BARBARA DIACHUN Notary Public, State of New York No 01 D14635190-Suffolk County COMMISelOn Expire®Oct,31,2018 —4— �1]FF04 'APPEALS BOARD MEMBERS �� ea. Southold Town Hail Ruth D.Oliva,Chairwoman 53095 Main Road Gerard P. Goehringer W P.O.Box 1179 Lydia A.Tortora Southold,NY 11971-0959 Vincent Orlando , © ,1� Tel.(631)765.1809 James Dinizio,Jr. Fax(631)765-9064 http:/lsoutholdtown.northfork.net 6 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF,•%IQ.V;1 BM 4 ;2004 4 ZBA F16W63' —ROBERT AND CHRISTOPHER MOHR Property Location: 22155 C.R.48, Cutchogue; CTM 96-1-20.1 SEQRA DETERMINATION: The Zoning Board of Appeals - has visited the property under consideration in this application and detennines that this review falls under the Type II-category of the State's List of Actions,without an adverse effect on the environment If the project Is implemented as planned. PROPERTY. FACTS/DESCRIPTION: The applicant's 39,524 sq. ft. parcel has 150 ft. along the north/west side of C.R. 48 in Cutchogue. The property is improved with buildings (under ? construction), as shown on the 8-12-04 amended site plan prepared by Garrett A.Strang, R.A. MS_IS OF APPLICATION: Building Department's August 6, 2004 Notice of Disapproval, amended August 30, 2004, citing Section 100-142 (Bulk Schedule) in its denial of a building permit to construct an accessory building on a parcel containing a landscape contractor's yard. The reason for disapproval is that the code requires 70 ft. minimum•rear•.,yard and minimum 20 ft. side yard setbacks for new buildings in the Light Industrial Zone District. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 21, 2004 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants wish to construct a 40' by 52' accessory building at the western corner of the lot, adjacent to the boundary of the town landfill. Applicants propose setbacks at 5 ft.from the rear and side yards,at its closest points. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants wish to construct an accessory building related to the landscape contractor's yard and two other buildings (under construction) on this site. The accessory building is proposed in the rear yard close to the property line adjacent to the landfill. The alternative relief will provide a greater setback to the property lines (rear and side Page 2—November 4,2004 File No.5603—Chris Mohr,Robert Mohr Al K CTM Id: 96-1-20.1 yards), while providing for sufficient access for large trucks, bins for containment of landscaping materials, parking and loading/unloading of vehicles. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for. the applicant to pursue, other than an area variance. The property Is zoned Light Industrial, and the only provision in the code that pertains to setbacks is under the principal building bulk schedule, requiring a minimum of 70 feet from the rear line and 20 feet minimum for a side line. There is no alternative rear yard location to place an accessory building and meeting the 70 ft. setback from the rear line. To move the building would obstruct other ingress/egress and parking areas, and may affect the on-site sanitary system location(which may not be covered by building area). 3. The variance granted herein is substantial. 4. The difficulty was not self-created. The Light Industrial setback 4ovislon of the zoning code does not list a separate schedule of setback requirements for acce9iory buildings, although there are scheduled setbacks for other zone districts. 5. No evidence has been submitted to suggest that a variance in this Industrial community will have an adverse impact on the physical or environmental conditions in the neighborhood. The property is --t�Jacen�to the'fantlfilf an- to other industna y zonedpropertfes' 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of an addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Tortora, seconded by Chairwoman Oliva, and duly carried,to DENY the variance as applied for,and to GRANT a variance with the following alternative setbacks: a) riuluiuum 'IU it. seioacik from the northtwest property line, . b) minimum 10 ft. setback from the south/west property line. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly Pie 3—November 4,2004 i File No.6603—Chris Mohr,Robert Mohr CTM Id: 96-1-20.1 addressed in this action. Vote of the Board: Ayes: Members 011v Chairwoman), Goehringer, Tortora, Orlando, and Dlnlzio. This Resolution was duly adopted("). • t� Ruth D.Oliva,Chairwoman 11/15/04 Approved for Filing E 3 .I& SURVEY OF PROPERTY SI T UA TED A T CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-96-01 -20. 1 SCALE 1 "=40' n � � AUGUST 1 , 2003 MARCH 29, 2006 UPDATE SURVEY AREA = 39,524.85 sq. ft. 0.907 ac. lip dip �X cj � y „Nva- y 00, ° Q IVIO A PO D m ifi � d Q M` zaa. ��s`•' r 0� D G D D PREPARED IN ACCORDANCE Tit THE MINIMUM STANDARDS FOR TILE ` ` YS AS ESTABLISHED U BY THE L.I.A.L.S. AND AP VED AND ADOPTED FOR SUCH USE BY THE W YORK STATE LAND TITLE ASSOCIATION. I r M p0ND - as'w ((} a, �., a r! IC17 q „i N.Y.S. Lic. No. 49666 }"7 p UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF ifs ry fi SECTION 72OF THE NEW YORK STATE Joseph Ingegno EDUCATION LA LAW. w COPIES OF THIS SURVEY MAP NOT BEARING T 2 o THE LAND SURVEYOR'S INKED SEAL OR Land u r v e y o r EMBOSSED SEAL SHALL NOT BE CONSIDERED 'ISq$a TO BE A VAUD TRUE COPY. ° ° �Q CERTIFICONLY TOATIONS THE INDICATED FOR WHOM THE HALL RUN — ' Ie�' ERSON IS PREPARED, AND ON HIS BEHALF TO THE TITLE a Title Surveys — Subdivisions — Site Plans — Construction Layout DING COMPANY, NSTITUTION GOVERNMENTAL STED HEREON O ,AGENCY AND D y QCT TO THE ASSIGNEES OF THE LENDING INSTI— PHONE (631)727-2090 Fax (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHTS OF WAY 322 ROANOKE AVENUE P.O. Box 1931 ANU/OR EASEMENTSAOF RECORD, IF____ RIVERHEAD. New York 11901 Riverhead. New York 11901-0965 APPLICANT'S PROJECT DESCRIPTION APPLICANT: 27A North, LLC DATE PREPARED• .2/2/17. 1.For Demolition of Existing Building Areas Please describe areas being reinoved: None H.New Construction Areas(New Dwelling or New Additions/Extensions): "as built" Dimensions of first floor.extension:. 13.4' x 20.5' (275 sq. ft.) Dimensions of new second floor. � N/A Dimensions of floor above second level: -N/A Height(from finished ground to top of ridge): .10' Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: No M.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: one floor; wood storage and seasonal sales office. Number of Floors and Changes WITH Alterations: one floor; extended the existing frame building by 15' and converted it into a habitable small office space, IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 6,386 sq. f t. Proposed increase of building coverage: 0.7% Square footage of your lot: _ 39,525 sq. ft. Percentage of coverage of your lot by building area: 16.2% V.Purpose of New Construction: to construct an independent building for an officet,to provide a safe working environment for office- personnel. VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): flat Please submit 8 sets of photos,labeled to show different angles of yard areas after staldng corners for new construction,and photos of building area to be altered with yard view. 4/2012 SEE ATTACHED PHOTOS j I W� •f�' L' � yy a/ i 3 II t :,,adffirn,' i r - -r Mohr Landscaping Property o ti I c . }} '(r f h - .r RM I � F ?e •S�- 176 T— ##1 - TAKEN 1/27/2017 STANDING IN DRIVEWAY ENTRANCE OWNED BY ARTHUR JUNGE LOOKING NORTH i [ b I i FF! ;cu,f � ;•; , ��� tic v�v�,✓:,�?. + , wv A Tt� #2 TAKEN 1/27/2017 STANDING AT SOUTHWESTERLY CORNER OF PROPERTY LOOKING NORTH r �i I _ MMM d k. " A — oFF��N �. Fes• "•JW - t t #4 - TAKEN 1/27/2017 STANDING AT NORTHEAST CORNER OF PROPERTY LOOKING SOUTHWEST r #5 TAKEN 1/27/2017 PROPERTYSTANDING AT NORTHERLY C) 1. r P r .w .r I Y #6 - TAKEN 1/27/2017 STANDING IN PARKING LOT OF NORTHERLY ADJACENT PROPERTY OWNED BY 372 JERICHO CORP. LOOKING SOUTH QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? No 2.)Are those areas shown on the survey submitted with this'application? N/A 3.) Is the property bulk headed between the wetlands area and the upland building area? N/A - 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? N/A Please confirm status of your inquiry or application with the Trustees: N/A and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? No _Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes,please label the proximity of your lands on your survey. - I. Please list present use or operations conducted at this parcel landscapers storage yard, repair- shop and business office and the proposed use same (ex: existing single family,proposed: same with garage,pool or other) 271 ' th, LLC WL B 2/2/17 Y uthorized signature and Date Christopher Mohr, Member/Manager FORM NO. 4 J TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-327.13 Date: 11/02/0 7HIS CWMFISS that the building ACCESSORY Location of Property: .22155 CR 48 COTCHOGUE {HOUSE NO.) (STREET) (HAMLET) County Tax leap No. 473889 Section 96 Block 1 Lot 20.1 Subdivision Filed flap No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 19, 2007 pursuant to vich Building permit to. 33143-Z dated JUNE 19, 2007 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY STORAGE BUILDING AS APPLIED FOR PER ZBA #S603 DATED 11/4/4 AND FLAMING BOARD APPROVAL I9SUED•10/30./07. ThO certificate is issued to CHRISTOPHER MOHR (OWNER)of the aforesaid building. SUFFOLK COUNT2 DBPAB OF BBAIA$ APPROVAL N/A dCC=TCAL IFICNM ]NO. 2094370 04/10/0 BL=UR= G'BitTIFICATI(X DA= N/A Authorized-:Signature Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY go: Z-32714 Date: 11/02/07 THIS CZMFIRS that the building ACCESSORY Location of Property: 22155 CR 48 CUTCHOGUE _ (HOUSE NO.) (STREET) (HAMLET) County Tax flap No. 473889 Section 96 Block 1 Lot 20.1 Subdivision Filed leap leo. Lot NO. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 9, 2006 pursuant to which Building Permit Do. 31979-Z dated _ _MAY 9, 2006 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY GARAGE AS APPLIED FOR PER PLANNING BOARD APPROVAL DATED 10/30/07. The certificate is issued to CHRISTOPHER MOHR (OWNER) of the aforesaid building. SUFFOLK COURrY DEPARTMMW OF HEMLTH APPROVAL N/A mNCT210il, CERTIFICATE NO. 2094370 04/10/06 PIAVOUM CERTIFICATZON DATED N/A Authorized Signature Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-32715 Date: 11/02/0 THIS CEnMrMS that the building NEW BUILDING Location of Property: 22155 CR-48 CUTCHOGUE (HOUSE NO.) (STREET) (HAMAT) county Ta= liap Ho. 473889 Section 96 Block 1 Lot 20.1 Subdivision T� Filed limp MD. Lot MD. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 9, 2006 pursuant to whish Building Permit No. 31981-Z dated MAY 9, 2006 was issued, and conforms to all of the requirements of the applicable Provisions of the law. The occupancy for which this certificate is issued is STORAGE BUILDING WITH INTERIOR OFFICE AS APPLIED FOR PER PLANNING BOARD APPROVAL ISSUED 10/30/07. The eestificsaate is issued to CHRISTOPHER mom (OAR) of the'aforesaid building. SUFFULK OOUWfr ZMPARTMMU OF HERMH APPFAMAL C10-03-0005 10/25/07 1+T®TS HD_ 2094370 04/10/0 PL11188LtB CERTIFICATION nIMED 04/20/0 CUTCHOGUE EAST- PLUMBING thorised signature Rev. 1/81 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: 27A North, LLC 2. Address of Applicant: P.O. Box 48, Cutchogue, NY 11935 3. Name of Land Owner(if other than Applicant): Same 4. Address of Land Owner: Same 5. Description of Proposed Project: Area variance, Building Permit and Certificate of Occupancy for an "as built" 13.4' x 20.5' office building. 6.' Location of Prdperty:;,(rdarl and Tax-map number) County Road 48 (SCTM #1000-96-1-20.1) 7. Is the parcel-within 500 fe&t of a farm operation? �} Yes ( ) No 8. Is this parcel actively farmed? f} Yes ( )No Vineyard 9. Name and addresses of any owner(s)of!and within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937) or from the Real Property Tax Office located in Riverhead. N/A .NAME:.and ADDRESS 1. RHX Corp. , 591—A Bicycle Path, Port Jefferson Station, NY 11776 (vineyard) 2.Ciitcho ue Fire District 260 New Suffolk Road Cutcho ue NY 11935 vacant) 3. 4. 5. 6. (Pleas the bac o this page if there are additional property owners) 27A L By 2 /� 2 / 17. IAL SigVart=4Applicant Christopher Mohr, Member/ Date Note: Manager _ 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicaht to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form Instructions for ComWetin¢ Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public.review,and maybe subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item;please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Amended Site Plan for Chris Mohr Lawncare and Landscaping, Inc. Project-Location(describe;andattach a location map): 22155 County Road 48, Cutchogue, New York (SCTM #1000-096.00-01.00-020.001) Brief Description of Proposed Action: Amended Site Plan for Chris Mohr Lawncare and Landscaping, Inc. to include an "as built" 13.4' x 20.5' (275 sq, ft.) frame office building. Name of Applicant or Sponsor: Telephone: (631) 765-4617 27A North, LLC (owner) E-Mail:ch.rismohrenterprise@yahoo. com Address: - --- -� — P.O. Box 48 City/PO: State: Zip Code: Cutchogue NY 11935 1.Does the proposed action only-involve-the legislative adoption-of wplan;local law;ordinance;- NO YES administrative rule,qr regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: Southold Town Zoning Board of Appeals and Southold Town Building Department X 3.a.Total acreage of the site of the proposed action?' 0.907 acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.907 _acres 4. Check 01 land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) IP Industrial 1P Commercial ❑Residential(suburban) ❑.Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b. Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near.the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water:property supplied water from Suffolk County Water Authority; bathroom and water in, adjacent X building. o t e water in office building- 1.1.Wilt the proposed action connect+to existing.wastewater utilities,? NO YES If No,describe method for providing wastewater treatment: bathroom in adj acent X building; waste lines connected to septic tank and cesspool in front 12. a.Does the site contain-a structure that.is listed..on either the State.or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:- 5 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑ Suburban None 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? _ X 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: _ - X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? IfYes,describe: Southold Town Landfill, adjacent to the westerly X boundary of applicant's Property, 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe.: Southold Town Landfill, ongoing X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS-TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE 27A North, LLC Applicant/spaChristy her Mohr, Member/Manager Date: 2/2/17 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using th&-information contained in Part 1 and other materials submitted by the project sponsor.or otherwise available to the reviewer. When answering the questions-the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or.zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? i, 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,bilging or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. {'-I Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) Christopher Mohr, Member/Manager of I, 27A North, LLC residing at 1425 Jacobs Lane, Southold, (Print property owner's name) (Mailing Address) New York 11971 do hereby authorize _ Lark & Folts, Esqs. (Agent) (Richard F. Lark, Esq. and Mary Lou Folts, Esq.) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. 27A N LL By 4C (Owner's'Signature) Christopher Mohr, Member/Manager (Print Owner's Name) APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Sputhold's Code of Ethics prohibits conflicts of interest on the part of toyyn officers and emRloyees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME : 27A North, LLC (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tag grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this2n d o#Febr Y 20 17 Signature Print Name Christopher Mohr, Member/Manager APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Torun of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to 13rovide information which can alert the town of possible_conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Mohr, Christopher (Last name,first name;middle initial,unless you are applying in-the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tag grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day ofPebr ry 20 17 Signature Print Name Christopher Mohr AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits couflicts_of interest on the part of town officers and employees.The purpose of this fprm is to provide information which can alert the town of Qossih_lc conflicts of interest and allow it to take whatever action is necessary to.avoid same. YOURNAME : Lark, Richard F. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 2nd day ofF(abruary,24 17 Signature Print Name Richard F, Lark AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of utbold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The qurpQse of this form is to Rrovide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME : Folts, Mary Lou (Lnst name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tag grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES i NO - x If you answered"YES",complete the balance of this form and date.and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space providbd. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RFIATIONSHIP t Submitted this 2nd day of February,2017 Signature Print Name Mary Lou Folts Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area, 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 _ 96 _ 1 - 20.1 PROJECT NAME Amendment of Site Plan for Chris Mohr Lawncare and Landscaping, Inc. The Application has been submitted to(dheck`appropriate response onin Board of Appeals Town Board Planning Dept. � Building Dept . L Category of Town of Southold agency action(check appropriate response): (a) Actionundertaken directly by Town agency(e.g.capital construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g. grant,loan,subsidy) (c) Permit,approval,license,certification: i Nature and extent of action: Application for: a front yard setback variance; amended existing approval of Site Plan dated February 10, 2004 and amended December 14, 2004; to allow a 275 square foot office building to remain in front yard area. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ® Yes ❑ No❑ Not Applicable The property for the requested amendment to the Site Plan and front yard variance is north of County Road 48 and will not affect any agricultural land south of County Road 48. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PREPARED BY Lark & Folts, Esqs. TITLE Representative DATE 2/2/17 Created on 512510511:20 AM W N _I i _I ;a o m co m D Q p a' Q Z m o a a Gl Q v Ll ,r"-v- ' $ -- — N m , T D o o a o m C O �� o CD z � a 1 W - - � m o ' Z v Z D H < v 0 00 `' ,� ,�, E- < �, c°� �o m m w 0 —� �. -� Z Z -Z _1 p o ou Ln v w ° n` Mi Q > c A Lr) V) S� �� m N O . �q � � Co. — n gy- -04 o " Zr o t��Fr4 U' , i Say%• Now .-. t ..�.—.. 79 WE - fm N W MUM MATCH LINE p — ` — SEE SEC.N0.0 LINE MATCH —ZZ- L. � N Opz O Y 5 •kr �� g 8 ii OO S� I a $ 009 Ap r dO ti p � W a Z .. T RQ i C 8 oY 'f-1 �m0 z rn v ke x z O Iz O Z Im y. y �, MT dC LARK& FOLTS FEB 13 2017 Attorneys at Law 28785 MAIN ROAD Southold Town PO BOX 973 Planning Board CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 RICHARD F.LARK Fax No. (631)734-5651 MARY LOU FOLTS E-mail: LarkandFolts@aol.com February 6, 2017 Donald J. Wilcenski, Chairman Planning Board Town of Southold 54375 Main Road - P.O. Box 1179 Southold, NY 11971 RE: 27A North, LLC 22155 County Road 48, Cutchogue, New York (SCTM #1000-96-1-20 . 1) Dear Mr. Wilcenski : On behalf of Christopher Mohr, Member/Manager of 27A North, LLC, I am enclosing the following: 1 . Notice of Disapproval renewed and amended January 30, 2017 2 . Amended Site Plan Application Form 3 . Applicant ' s Affidavit 4 . Authorization Affidavit 5 . LWRP Consistency Assessment Form 6. Short Environmental Assessment Form 7 . Four prints of Survey of Property by Nathan Taft Corwin III Land Surveyor last dated January 24, 2017 8 . Applicant Transactional Disclosure Forms of Christopher Mohr, Member/Manager of 27A North, LLC and Christopher Mohr 9 . Agent/Representative Transactional Disclosure Forms of Richard F. Lark and Mary Lou Folts Donald J. Wilcenski, Chairman -2- February 6, 2017 Planning Board 10 . Building Plans by Jim Deerkoski, P of the As Built Building dated 6/17/2015 11 . Check payable to Town of Southold in the amount of $277 . 50 for the filing fee Also enclosed is a copy of the variance application which was filed with the Southold Town Zoning Board of Appeals . If there is anything else you need, do not hesitate to contact me. Very truly yours, r� Richard F. Lark RFL/bd Enclosures E C E HI U y. SOUTHOLD PLANNING BOARD FEB 132017 AMENDED SITE :PLAN APPLICATION FORM Southold Town Planning Board Site Plan Name and Location Amended Site Plan for Chris Mohr Site Plan Name: Lawncare and Landscaping Application Date: 2 / 2 / 17 Suffolk County Tax Map#1000-_ 96 _ 1 _ 20.1 Other SCTM its N/A Street Address: 22155 County Road 48 Hamlet: Cutchogue Distance to nearest intersection: 661.72' to Cox's Lane Type of Site Plan: New X Amended_ Residential Zoning District Light Industrial LI Owners/Aw t Contact information Please list wine, mailing address, and Acne number or the people below: Property Owner 27A North, LLC Street 22155 County Road 48 City Cutchogue State NY Lily' 11935 Home Telephone Other (631) 765-4617 Applicatit 27A North, LLC Street 22155 County Road 48 City Cutchogue State NY Zip 11935 Home Telephone Other (631) 765-4617 Applicant's Agent or Representative: ContactPerson(s)* Richard F. Lark, Esq. , Lark & Folts, Esqs. Street 28785 Main Road — P.O. Box 973 City Cutchogue _State NY Zip 11935 Email: larkandfolts@aol.com Office Telephone (631) 734-6807 Other Fax (631) 734-5651 *Unless otherwise requested, correspondence will'be sent only to,the contact person noted here. � Site Plan Application Form 2/1812010 Site Data Proposed construction type: New x Modification of Existing Structure Agricultural Change of use Property total acreage or square footage: 39,525 ae,/sq. ft. Site Plan build-out acreage or square footage: 6,386 ae./sq. ft. Is there an existing or proposed Sale of Development Rights on the property? Yes No x If yes, explain. N/A Does the parcel(s) meet the Lot Recognition standard in Town Code§280-9 Lot Recognition? Y x N_ If"yes", explain(and attach any,necessary documentation-title report, subdivision approval; etc) Certificates of Occupancy Nos. Z-32713, Z-32714 and Z-32715 Building Department Notice of Disapproval Date: 1 /30 / 17 Is an application to the Southold Town Zoning Board of Appeals required? Yes X . No If yes, have'you submitted an application to the ZBA? Yes X No If yes, attach a copy of the application packet. (A copy of the variance application packet is attached.) Show all uses proposed and existing. Indicate which building will have which use. If more then one use is proposed per building, indicate square footage of floor area per use. BLDG. No. 1 - office building; BLDG. No. 2 - storage, minor List all existing property uses: maintenance of landscaping equipment; BLDG. No. 3 - storage•, and BLDG. No. 4 - equipment storage List all proposed`property uses: Same as above W Other accessory rises: N/A Existing lot coverage: . 0.7 % Proposed lot coverage: 0.7 % Gross floor area of existing structure(s): 275 sq. ft. Gross floor area of proposed structure(s): 275 Parking Space Data: #of existing spaces: 6 #of proposed spaces: 0 Loading Berth: YesNo x Landscaping Details: Existing landscape coverage: 23 % Proposed landscape Coverage: 0 Yo Wetlands: Is this property within 500' of a wetland area? Yes No x Maybe I, the undersigned, certify that all the above information is true. h,Signature of Preparersj4jjr�t Pk Date:_ 21/2/17 r stop er Mohr, Member Manager 2 Site Plan Application Form 2/18/2010 APPLICANT'S AFFIDAVIT APPLICANT'S AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK CHRISTOPHER MOHR being duly sworn, deposes and says that he resides at 1425 Jacobs Lane, Southold in the 27A North, LLC State of New York, and thatc is the owner of property located at 22155 County Road 48, Southold, New York ;SCTM# 1000-96-1-20.1 or that he is the Member/Manager ofthe limited liability company (Title) (Specify whether Partnership or Corp.) mited, liab'lit Com ny and said uxdwmis tie owner o tie above property, which is hereby making a Site Plan application; tl�aetjXred are not existing structures or improvements on the land which are not shown c the Site PYan; that the title to the entire parcel, including all rights-of--way, has been clearly established and is shown on said Plan; that no part of the Plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads; that he has examined all rules and regulations adopted by the Planning Board for the filing of Site Plans and will comply with same; that the plans submitted, as approved, will not be alter or changed in any manner without the approval of the Planning Board; and that the actual physical improvements will be installed in strict accordance with the plan as approved by the Planning Board. Signed Owne 27A Nort Signed $4 (Partner or Corporate Officer and Title) Christopher Mohr, Member/Manager Sworn to me this 2nd day of February 2017 964" { lel Notary Public BARBARA DIACHUN Notary Public, State of New York No 01 D14635190-Suffolk County Commission Expires Oct.31,20/8 AUTHORIZATION AFFIDAVIT STATE OF NEW YORK: ss . COUNTY OF SUFFOLK: I, Christopher Mohr, Member/Manager of 27A North, LLC, the owner of property located at 22155 County Road 48, Cutchogue, New York (SCTM #1000-96-1-20 . 1) , hereby authorize Richard F. Lark, Esq. and Mary Lou Folts, Esq. of Lark & Folts, Esqs . , 28785 Main Road, P.O. Box 973, Cutchogue, New York 11935, to act as the agent for 27A North, LLC and handle all necessary work involved with the Amended Site Plan application process for this property with the Southold Town Planning Board. 27ANo h, LLC By 4e4 ristopher Mohr Member/Manager Sworn to before me this 2nd day of February, 2017 Notary Public BARBARA DIACHUN Notary Public,State of New York No 01❑14635190-Suffolk County Commiaeion Expires qct.31,20J W Southold Planning Department Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: 27A North, LLC Last,First,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) Amended Subdivision or Re-subdivision Site Plan X Other(Please name other activity) Do you personally(or through your company,spouse, sibling,parent or child)have a relationship with any officer or employee of the Town of Southold? "Relationship includes by blood,marriage or business interest. "Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. Yes No X If you answered"Yes"complete the balance of this form and date and sign where indicated. Name of the 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): A.the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B.the legal or beneficial owner of any interest in a noncorporate entity(when the applicant is not a corporation); C. an officer,director,partner or employee of the applicant;or D.the actual applicant Description of Relationship: Submitted this 2 day ofFeb.20 17 Signature 27A North, LLC Print Name Christopher Mohr, Member/Manager Disclosure Form Southold Planning Department Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form-is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: Mohr, Christopher Last,First,middle initial unless you are applying in the name ofsomeone else or other entity,such as a company. Ifso, indicate the otherperson's or company's name. Nature of Application: (Check all that apply) Amended Subdivision or Re-subdivision Site Plan X Other(Please name other activity) Do you personally(or through your company,spouse, sibling,parent or child)have a relationship with any officer or employee of the Town of Southold? "Relationship includes by blood,marriage or business interest. "Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. Yes No X If you answered"Yes"complete the balance of this form and date and sign where indicated. Name of the 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): A.the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B.the legal or beneficial owner of any interest in a noncorporate entity(when the applicant is not a corporation); C. an officer,director,partner or employee of the applicant;or D.the actual applicant Description of Relationship: Submitted , 2 d day ofFeb.20 17 Signature Print Name Christopher Mohr Disclosure Form AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest-on-the part of town officers and emplovees.The purpose of this form is to provide information which can alert the town of uossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME : Lark, Richard F. (Last name,first name,middle initial,unless you are applying in the name of someone else or other endly,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Amended Site Plan Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 2nd day of February 20 17 Signature 6I,. Print Name Richard F. Lark AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME : Folts, Mary Lou (Last name,first name,middle initial;unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Amended Site Plan Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 2nd day of FebruarY20 17 Signature L7 ' Print Name Mary Lou Folts P r iF L l l ( C-5C FORM NO. 3 TOWN OF SOUTHOLD � } BUILDING DEPARTMENT SOUTHOLD, N.Y. . is��wn ll�wu� f nd�g Il�,,nan" NOTICE OF DISAPPROVAL DATE: April 1, 2014 RENEWED &AMENDED January 30, 2017 TO: Lark &Folts (Mohr/27A North LLC) PO Box 973 Cutchogue, NY 11935 Please take notice that your application dated February 10, 2014 For permit for an"as built" shed addition and conversion to office space at Location of property: .22155 County Route 48 County Tax Map No. 1000 - Section 96 Block1 Lots m20.1 Is returned herewith and disapproved on the following grounds: 11 m ...l as It"., oxo is u t o t aa.a�s rw a�nc� c c�7G...c tl c..pccal �rl:y'. ....c c tiit,A, )J a�� a a prc-�yat Further " t ,, Lperinitted l)ursLaaant to rticJle_XV �$cc[io.n 2 0 64�,.: ,, Furthermore, the a�, built"...csorastc�aac�t���t�t a� arca__ which states, "Strctetures shall, lac set back mit least 100 l`bet_fi-oni alae triglil gflw,iy_'.": The as built shed has a front yard setback of 65.7 feet. C— , "iathoa ized Signature Cc: File, Planning, ZBA Applicant:Note to deviation v ere ce y require further review e Southold Town Building Department. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: April 1, 2014 RENEWED &AMENDED: January 30, 2017 TO: Lark &Folts (Mohr/27A North LLC) PO Box 973 Cutchogue, NY 11935 Please take notice that your application dated February 10, 2014 For permit for an"as built" shed addition and conversion to office space at Location of property: 22155 County Route 48 County Tax Map No. 1000- Section 96 Block 1 Lots 20.1 Is returned herewith and disapproved on the following grounds: The "as built"construction requires an amendment to the property's existing site plan approval. Furthermore, the"as built" construction is not permitted pursuant to Article XV, Section 280-64,A., which states, "Structures shall be set back at least 100 feet from the right-of-way." The as built shed has a front yard setback of 65.7 feet. orit ed Signature Cc: File, Planning, ZBA Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. FORM NO. 4 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY So: Z-32713 Date: 11/02/0 THIS CM=FZRB that the building ACCESSORY Location of Praperty: 22155 CR 48 COTCHOGUB {HOUSE NO.) (STREET) (HAMLET) County Tax Aftp No. 473889 Section 966 Block 1 Lot 2.0.1 Subdivision Filed slap Nd. Lot NO. conforms substantially to the Application for Building Permit heretofore filed in this office dated ME 19. 2007 pursuant to which Building Pe= t llo. 33143-Z dated _ JUNE 19, 2007 was issued, and conforms to. all of the requirements of the applicable provisions of the law. The occupancy for which this certificate in issued is ACCESSORY Swmv-• BUILDING AS APPLIED FOR PER ZBA #s6ol DATED 13./4/4 AND PLANNING; BOARD APPROVAL ISSUED•10/30,/07. The certificate is Issued to CHRISTOPHER MOHR (OWNER)of the aforesaid building. !0 OUPPOM COUNTf DMMZBMP OF MOM= APPROWAL NYA ELECTRICAL CERTIFICATE lib. 2094370 04/10/06 PLUMB c:mtTIFICATxcx nATED X/A Authorized,Signature Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-32714 Date: 11/02/07 THIS CRMFIBS that the building ACCESSORY Location of Property: 22155 CR 48 CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tal[ Map No. 473809 Section 96 Block 1 Lot 2 0.1 Subdivision Filed Map No. Lot No. - conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 9 2006 pursuant to which Building Permit No. 31979-Z dated MAY 9, 2006 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY GARAGE AS APPLIED FOR PER PLANNING BOARD APPROVAL DATED 10/30/07. The certificate is issued to CHRISTOPHER MOHR rt (OWNER) of the aforesaid building. SUFFD= ODxnvfY DBPARTMEM OF HEALTH APPROVAL I��A EZBCTRTCAL CSRTIFICATB M. 2094370 04/10/06 MUMUM CE<tT1FICATTON DATED N/A r Authorized Signature Rev. 1/81 FORM NO. 4 TOM OF SOUTHOLD BUILDING DEPARTMENT Office of the Building inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY Zb: Z-32715 Date: 21/02/0 ISIS CSRTZUM that the building NEW BUILDING Location of Property: 22155 CR-48 CUTCHOGUE (HOUSE NO.) (STREET) o (HAMLBT) COU my Ta= Map No. 473889 Section 96 Block 1 Lot 20.1 Subdivisian Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 9, 2006 pursuant to which Building Pezzit MD. 31981-Z dated MAY 94R 2006 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is STORAGE: BviLDZNG WITH niTTERIOR OFFICE AS APPLIED FOR PER PLANNING BOARD APPROVAL ISSUED 10/30/07. The certificate is issued to CHRISTOPHER MOHR (OMER) of the'aforesaid building. BUFF A COUNTr DEPARTNEW OF SSS APPROVAL C10-03-0005 10/25/0 HO_ 2094370 04/10106 PIS CERTvTCATION DATED 04/20/0 CUTCHOGUE EAST PLUMBING s r Yom. thox:ized Signature Rev. 1/81 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 .. 96 _ 1 — 20.1 PROJECT NAME Amendment of Site Plan for Chris Mohr Lawncare and Landscaping, Inc. The Application has been submitted to(Check`appropriate response oning Board of A peals Town Board 0 Planning Dept. Building Dept.. 0 nfffi>u»r.a&, 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g. grant,loan,subsidy) (c) Permit,approval,license, certification: Nature and extent of action: Application for:—a front yard setback variances amended existing approval of Site Plan dated February 10, 2004 and amended December 14, 2004; to allow a 275 square foot office building to remain in front yard area. Location of action: 22155 County Road 48, Cutchogue, New York Site acreage:_ 0.907 acres Present land use: landscapers storage yard, repair shop and business office Present zoning classification:, Light Industrial District (LI) 2. If an application for the proposed action has been filed with the Town of Southold agency; the following information shall be provided: (a) Name of applicant: 27A North, LLC (b) Mailing address: P.O. Box 48, Cutchogue, NY 11935 (c) Telephone number: Area Code( ) (631) 765-4617 (d) Application number,if any: None Will the action action be directly undertaken,require funding,or approval by a state or federal agency? Yes L1 No W If yes,which state or federal agency? NOTE: Not subject to review under LWRP Chapter 268.3 Minor Actions F. and SEQRA 6NCRR DEVELOPED COAST POLICY 9617.5 (12) Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ' Not Applicable Although not affecting use of a coastal location, the "as built" incidental office building is complimentary to the front yard of the applicant's industrial property. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria 1E Yes Yes L � No R1 Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria © Yes Q No 0 Not Applicable This incidental office building location in the front yard area visually blends in and is complimentary to the existing buildings on applicants property as well as the landscaped front yard area. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWR.P Section III—Policies Pages 8 through 16 for evaluation criteria Yes No © Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria Yes No ®Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes No' Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No© Not Applicable This small office building has electric heat and no emission from fossil fuel. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No © Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public. lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YesEl No® Not Applicable. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. 7 Yes ❑ No © Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ® Yes ❑ No❑ Not Applicable The property for the requested amendment to the Site Plan and front yard variance is north of County Road 48 and will not affect any agricultural land south of County Road 48. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PREPARED BY Lark & Folts, Esgs. TITLE Representative DATE 2/2/17 Created on 512510511:20 AM 617.20 Appendix S Short Environmental Assessment Form Instructions for Comipleting Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval'or funding,are subject to public review,and maybe subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Amended Site Plan for Chris Mohr Lawncare and Landscaping, Inc. Project-Location(describe;and-attach it location map): 22155 County Road 48, Cutchogue, New. York (SCTM #1000-096.00-01.00-020.001) Brief Description of Proposed Action: Amended Site Plan for Chris Mohr Lawncare and Landscaping, Inc. to include an "as built" 13.4' x 20.5' (275 sq. ft.) frame office building. Name of Applicant or Sponsor: Telephone: (631) 765-4617 27A North, LLC (owner) E'.Mail:chrismohrenterpriae@yahoo. com Address: P.O. Box 48 City/PO: State: Zip Code: Cutchogue NY 11935 1.Does the proposed action onlyinvolve-thelegislative adoption-of aplan;local law;ordinance,-- NO YES administrative rule,qr regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that % may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES_ If Yes,list agency(s)name and permit or approval: Southold Town Zoning Board of Appeals and Southold Town Building Department % 3.a.Total acreage of the site of the proposed action?' 0.907 acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.907 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) 19 Industrial 1Q Commercial ❑Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify):._ ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: _. X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near.the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO I YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water:Property supplied water from Suffolk County Water Authority; bathroom and water in adjacent X building. o a water in office building, 1 Will;the proposed action connect ito.existing:wastewater utilities,?; -NO YES If No,describe method for providing wastewater treatment: bathroom in adj acent X building; waste lines connected to septic tank and cesspool in front 12. a.Does the site contain a.structure that is listed:on either the State,or National.Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 13, a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,.or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑ Suburban None 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES_ by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non:-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? h If Yes,briefly describe: ❑NO❑YES r Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: _-- -- _ X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? Ifyes.dewnbe: Southold Town Landfill, adjacent to the westerly X boundary of aUlicarit's projer y, _ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe:_ Southold Town Landfill, ongoing X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE 27A North, LLC Applicam/spIMPChr vpher Mohr, Member/Manager Dam; 2/2/17 Signature: _f WNW 111W_ Part 2-Impact Assessme t. The Lead Agency is responsible for the completion of'Part 2. Answer all of the following questions in Part 2 using th6 information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action,?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or,zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? _- 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or.quality of important historic,archaeological, architectural or aesthetic resources? _ 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, — waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? r I 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of.occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. d Check this box if you have determined,'based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ ' ,Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Fee:$ Filed ley: Assignment No.. _ TO E SOU AREA YARL4,NCE House No. 22155 Street County Road 48 Hamlet Cutchogue SCTM 1000 Section 96 °Bioek 1 °° Lot( ) 20.1 Lot Sire 39'',525 Zone- LI (Light Industrial) sq, ft. I(WE)APPEAL THE WRITTEN DETERNUNATION OF TEE BUILDING INSPECTOR• DATED 1/30/17 BASER ONS VEYI PLS DATED 1/24/17 Owner(s): 27A North, LLC Mailing Address: P.O. Box 48, Cutchogue, NY 11935 Telephone: (631)765-417Fas: (631)765-9026 Email:chrismohrenterprise@yahoo.com NOTE:In ad n to tbv'a6oy Blease complete below'if applicationU signed•by applicant's attorney,agent;architect, builder,contract vendee,etc,and name of person who.agent represents: Name of Representative: Lark. & Fol.ts, JEsqs. for(K)Owner( )Other: Address: P.O. Box 973., Cutchogue, NY 11935 p 31)734-6807Fax: (631.) Telephone: (6 (631)734-5651 Email: larkandfolts@aol.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )ApplicantlOwner(s), ()9 Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED? /SITE PLAN DATED 2/10/04 and and DENIED AN APPLICATION DATED 1/30/17 D+OR: 12/14/04 '( )'B;uijdi g Fermat.... O Certificate of Occupancy O Pre-Certificate of Occupancy O Change of Use M Permit for As-Built Construction ' O Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not.quote the code.) Article: XT Section: 280-64 83Lbsec •on: A and B Type of Appeal. An Appeal is:made for: (I)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to leek of access required by,New York Town Lav-Section 280-A. (X)Interpretation of the Town Code,Article XV Section 230-64 ( )Reversal or.Other A prior appeal(X)has, ( )has not been made,at an time with resect for this nr2,0e ER Appeal Ne(s). 5603 'fear(s). 2004 .(Please be sure to research before completing this quation or gall our officefor assistance) NameofOwner: Christopher Mohr ZBA17i1e 5603 (see attached) REASONS FOR APPEAL BACKGROUND• In the latter part of 2012, your applicant converted and extended by 12 feet a 8 .5' x 12 . 4 ' (105.40 sq. ft. ) wood frame building located in the front yard of the subject property to a small office building. Previously this building had been used for many years for miscellaneous storage for Christmas decorations, plant materials as well as an office for the sale of Christmas trees and plants for the Chris Mohr Lawncare and Landscaping business. The reason for the addition and conversion to an independent office building was that the office in the adjacent building was not a proper environment for the bookkeeper and secretary. This was due to the dust, fumes and noise from the workshop for the repair and maintenance of various landscaping machinery in this building. The existing 105. 40 sq. ft. frame shed was extended 12 feet and converted into a small office. The construction meets all of the requirements of the Building Code, but was done without a permit from the Building Department. The applicant' s employees did the work and the applicant was .unaware that a permit was required because the building was shown on the survey dated August 1, 2003 and updated March 29, 2006 by Joseph A. Ingegno (a copy of which is attached hereto) . Your applicant was under the assumption that since this frame shed was on the survey it was also on the Site Plan which had been approved by the Southold Town Planning Board on February 10, 2004 and amended December 14, 2004 . Subsequently, in obtaining the Building Permit for the "as built" office building your applicant was informed it was not included on the Site Plan and therefore the Site Plan had to be amended to show the "as built" office building. Your applicant was also informed that this incidental office building is setback 65.7 ' from County Road 48 and was in violation of §280-64 of the Zoning Code. §280-64 A states "Structures in the front yard shall be set back at least 100 feet from the right-of-way" . §280-64 B states "There shall be an exception to Subsection A if the adjacent parcels in relation to the subject property are developed. Then the minimum set back shall be the average set back of these two adjacent parcels . The adjacent parcel to the southwest is owned by Arthur Junge and Valerie Lasser which contains a one story metal building with a setback of 74. 8 ' from the southeast corner of the building to County Road 48 . The adjacent property to the north owned by 372 Jericho Corp. which is an industrial park containing numerous businesses has a minimum setback of 63.3' from County Road 48 . The result being is that the average of these two properties is 69.05' which requires the applicant to obtain this 3.35' front yard area variance to have it comply with the average setback of the two adjacent properties . -2- FACTORS TO BE CONSIDERED: 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: this small office building With its location is unobtrusive and blends in with the adjacent buildings and is barely noticeable from the street and the adjoining properties . 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 small office building cannot be easily moved from its present location for two reasons. One, it is on a permanent foundation, in conformance with the State Building Code; and two, there is no other practical place to move this independent office building on the property without an area variance. 3. The amount relief requested is not substantial because: your applicant' s property and the two adjacent parcels located on the westerly side of County Road 48 are zoned Light Industrial and are fully developed which would require the applicant' s property to have a minimum front yard setback of the average of these two adjacent parcels front yard setbacks along County Road 48 . The minimum setback to County Road 48 of the adjacent industrial complex to the north is 63.3 ' and the setback of the metal building to County Road 48 on the adjacent southwesterly property is 74 .8 ' . The average setback of these two adjacent parcels is 69. 05' . Your applicant' s office building is 65.7 ' thereby requiring a variance of 3. 35' or 4.85% relief from the Zoning Code. Considering the various landscaper's sales features in the front yard such as small ponds, waterfalls and gazebos, the requested front yard variance for this office building is not substantial. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: there is no evidence that indicates that the granting of the front yard variance and allowing this small office building to remain in its present location will have any impact on the physical or environmental conditions of this light industrial zoned neighborhood. S. Has the alleged difficulty been self-created? (X) Yes, or ( ) No Why: Your applicant through ignorance, without the benefit of a building permit, extended the frame building and converted it into an incidental office building in connection with the Chris Mohr Lawncare and Landscaping business. However, in weighing all of the area variance factors to be considered by the Board and the practical difficulties of the applicant the allowing of this office building to remain will be of great benefit to the applicant and will not cause any detriment to health, safety and welfare in this neighborhood and adjacent properties. -3- Are there any Covenants or Restrictions concerning this land? (X) No ( ) Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. 27A Nord, LLC By f")� ristopher Mohr, Member/Manager Sworn to before me this 2nd day of February, 2017 Notary Public BARBARA DIACHUN Notary Public, State of New York No 01 D14635190-Suffolk County Commission Expires Oct.31,2018 -4- APPEALS BOARD MEMBERS �" " Southold Town Hall Ruth D.Oliva,Chairwoman 53095 Main Road Gerard P. Goehringer P.O.Box 1179 Lydia A.Tortora ,. Southold,NY 11971-0959 Vincent Orlando Tel.(631)765-1809 James Dinizio,Jr. Fax(631)765-9064 http://southoldtown.northfork.net BO OF APPEALS spy TOWN OF SOU. HOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF�NOVEMBER 4;,2004 ZBA Fil`e,6663—ROBER ANl3 CHRISTO�P'HEMO—HR Property Location: 22155 C.R.48, Cutchogue; CTM 96-1-20.1 SEQR6 DETER NATION: The Zoning Board of Appeals - has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without an adverse effect on the environment If the project Is implemented as planned.. PROPERTY EACT ESCRIP MON: The applicant's 35,524 sq. ft. parcel has 150 ft. along the north/west side of C.R. 48 in Cutchogue. The property is Improved with buildings (under ;^ construction),as shown on the 8-12-04 amended site plan prepared by Garrett A.Strang, R.A. ASIS OF APPLICATION: Building Department's August 8, 2004 Notice of Disapproval, amended August 30, 2004, citing Section 100-142 (Bulk Schedule) in its denial of a building permit to construct an accessory building on a parcel containing a landscape contractor's yard. The reason for disapproval Is that the code requires 70 ft. minimum rear yard and minimum 20 ft. I p yard setbacks for new buildings in the Light Industrial Zone District. FINDING OF FACT The Zoning Board of Appeals held a public hearing on this application on October 21,21)04 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF EF R QUIESTED: The applicants wish to construct a 40' by 52' accessory building at the western corner of the lot, adjacent to the boundary of the town landfill. Applicants propose setbacks at 5 ft.from the rear and side yards, at its closest points. REASONS FOR BOARD ACTION': On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: 1. Grant of the alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants wish to construct an accessory building related to the landscape contractor's yard and two other buildings (under construction) on this site. The accessory building is proposed In the rear yard close to the property line adjacent to the landfill. The alternative relief will provide a greater setback to the property lines (rear and side Page 2—November 4,2004 File No.5603—Chris Mohr,Robert Mohr At CTM Id: 96.1-20.9 s� yards), while providing for sufficient access for large trucks, bins for containment of landscaping materials, parking and loading/unloading of vehicles. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The property Is zoned Light Industrial, and the only provision in the code that pertains to setbacks Is under the principal building bulk schedule, requiring a minimum of 70 feet from the rear line and 20 feet minimum for a side fine. There Is no alternative rear yard location to place an accessory building and meeting the 70 ft. setback from the rear line. To move the building would obstruct other Ingress/egress and parking areas, and may affect the on-site sanitary system location(which may not be covered by building area). 3. The variance granted herein is substantial. 4. The difficulty was not self-created. The Light.Industrial setback 4ovislon of the zoning code does not list a separate schedule of setback requirements for a ory buildings, although there are scheduled setbacks for other zone districts. S. No evidence has been submitted to suggest that a variance In this industrial community will have an adverse Impact on the physical or environmental conditions In the neighborhood. The pro rty Is -b acdri t+ titin lbrrll Intl too er In ustrtlT zoned ro Pe S. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of an addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. IESOLU!TIO OF,,:[HE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Tortora, seconded by Chairwoman Oliva, and duly carried,to DENY the variance as applied for,and to GRANT a variance with the fallowing alternative setbacks: a) niawnum 'IU it. seioaci<from the northtwest property lire, b) minimum 10 ft. setback from the southwest property line. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly P e 3—November 2004 i F No.5603—Chris Mohr Robert Mohr CTM Id: 86-1-20.1 addressed in this action. Vote of the Board: Ayes: Members Oliv Chairwoman), Goehringer, Tortora, Orlando, and Dinizio. This Resolution was duly adopted (5-0). Ruth D.Oliva, Chairwoman 11/15/04 Approved for Filing a _ o IVI •- 0 N z o n o y ryry�� I j n R o> > -.- s m y P-, W O CD w Ma¢ a9 �D 'L 0, O O WWti 'cl' to 's a � q � I N Q 0 O I� -pro °44 w Q' L.L LU VI N vz c E- 00 o d D N > O v x m w� U � U) Zvi r A $ N q o W L J X 1�1—�' d © F-I. v Mi C _ Vi a z xizt Fi 22N�+ no mO� �SS~ .0 Yz� zNm �o��rcCi- OVi w y you, ZpSZ ZZ8 �Qx! 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