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HomeMy WebLinkAboutNorth Fork Recycling BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��! 53095 Main Road•P.O.Box 1179 �� Southold,NY 11971-0959 Eric Dantes �r Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning .' 54375 Main Road(at Youngs Avenue) , f Kenneth Schneiderar�ilhz <l, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 •Fax(631)765-9064 MEMO TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: February 1, 2017 SUBJECT: Request for Comments ZBA # 7050 NorthFork Recycling Property, LLC The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, current map on file. 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. APPLICANT TAX ## ZBA# HEARING CODE DATE OF PRE PARER ZONE DATE SECTION STAMPED OF SURVEY DIST - SURVEY/SITE PLAN NorthFork . . —_ ._..... ...._. . ..... ,. ....... ..._F 1000-95- 7050 May 4, Art XIV Sec 9/10/2016 Recycling 2-6 2017 280-58(13)(5) DiGiovanni Property, & LLC Associates Architects Your comments are requested 1 week prior to hearing date. Thank you. Ends. SEE SEC NO.OM .... ._ —_—_ .... 1c&k N LINE " ry ry CUIId fOh _m ..,....... �' � FOR PCL.NO. SEE SEC.NO, w 003-03-0061 1 21 7 XA(c) 4.3A '» FOR PCL.NOI g1'dNWM c4`srdflreaKk,iF ^�.,, SEE SEC.NO� pltl:�+'Er•aN'"'M1/FAFTT7Wlhrir� 11 �«.,,, 096-Ot-017.51 , 512A(c) f r 4 �l7 FOR PCL.NO. I 5EE SEC.0960E- 0 002ISI IT WN OF SOUTNOID A, I ~ 41. M Ilk S 14.3 ``'«„ A,6 2,OA DEVFIOPPIENT 1 6.2 a'AbWM1 '37,r01uMV rN';V1:1lTPIMai.NM`71101� ,� � 1i 11 ) 41+ � 13.1A(c) 5.3 � ��,"^, 12 41.BA » w, �4r.M V118 (a^,✓NtlT"Mi1r 911JP'T4�WdYV '"w, e& n,„,...�`t., ,,SA'X I . 13 y / 124 w 18.171 •��{�J 5� 18.13 VO 1'T u O � IA 1831AL 14 N � z w IN IN nl N i� Flo r� ' 11 ar�1�" 18.48 1.10 IA 18.161 18.45 m " ITS ,829 �n'rualf-aa,u� a" �� 1B 2Tr� arnp Nw m gRyMeF. 1.1A 4 � 18.28 1021 7'IN G AI N6,.27 Ah 1` 1k4.7.2 rV8 I».ra^. a8;33 16,28 q ^"" r�N .7 18,23 II w , .+7 3 r 0 Oil- 18,3r w m �, 10.1 m � 182p, 18.38 d 4E(c) (,�^ R N"I ;837 18.4 j ` 1838 41 r�a 18.39 1.2A "' rJ \ X, 1.OA Nae1l, MATCH ,m ,SECTION....,� _.. �.... .....�._._. NO K © K Ds aa6a Dati TowNOF SOUTHOLD - ....—_ -.--.....-. ovcrmes E n aAgency Y 0al 095 Wo VILLAGE OF 095 NvoRANT TVtiA. U SCNEI FEEf:�, . 901 mo A Ire n,J"",.«,"--- w,�",OISTRICT NO�1000 ...m...�....... _,_ R— PR N OF THE fANVETWON DATE rb tT,�um .PROPERTY MAP ww,rwor�e & "ry" . AAAA P ta0. 1Dt '--` R AGENCY "�VM'aaX31' PERMISSION � �� REAL PROPERTY TA%6ETRVICE LAW OFFICES WICKHAM, BRESSLER & GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A. WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 awicicham@wbglawyers.com February 14, 2017 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Property owned by Northfork Recycling Property, LLC Premises: 560 Commerce Drive, Cutchogue, NY 11935 SCTM# 1000-95-2-6 Ladies and Gentlemen: This application seeks a special exception for a truck terminal in an LIO zone. Accordingly, we enclose the following papers, in eight sets, in connection with the Notice of Disapproval dated December 15, 2016: 1. Copy of Notice of Disapproval dated December 15, 2016; 2. Owner's Authorization of Agent; 3. Special Exception Application; 4. Short Environmental Assessment Form; 5, Applicant's Project Description with photos; 6. Questionnaire; 7. Transactional Disclosure Forms for owner and agent; 8. Original Survey, Building Diagram and Building Elevations; 9. Agricultural Data Statement; 10. Deed and Access Easement; 11. Town Property Card and Tax Map; 12. LWRP Consistency Assessment Form; 13. The special exception fee of$1,200 was included with the variance package. NOTE: Stakes were plowed in the last storm. Please advise as to inspection date so they may be re-set. Please schedule this matter at your next available hearing, and kindly contact Jon DiVello at 631-298-8888 for an appointment to inspect the property, or you may contact me directly. Thank you for your consideration. Very t� aly yours, AAW/em Abigail A. Wickham RE/Lomagino/shdzbaapp specialexception FORM NO. 3 TOWN OF SOUTHOLD 'BUILD.ING DEPARTMENT SOUT HOLD, N.Y. NOTICLOF DISAPPROVAL DKI'S.- December 15, 2016 TO: Gail Wickham(North Fork Recycling Property LLC) PO Box 1424 Mattituck, NY 11952 Please take notice that your request dated September 19, 2016 For permit to construct a truck terminal at Location of property: 810 Commerce Drive Cutcho ue NY County Tax Map No. 1000—Section 95 Block 2 Lot.6 Is returned herewith and disapproved on the following;grounds: The n,this 1.,10jyop��ly z����t l�r�rrr�itted�t��t pct t�Atµl�c�c ��� e0i011 2 L)-60 . whi s�1,2tes that such grupwres p„thcrrr l ,llre sac s ca(t;l e w°r rr cel ka cue tri tis loft Fget froni Conirrlc wc„ Dri +�. � pr tioll Of the structure is noted as being 6 feel at its closest point (cul-de-sac). sac). Altlt ; rt pt of t w a t rrr�maa t. � ,l r��tt r9w ur. r�nit to °til X1 , S t;t:itrra .t'D-60G :,...lulric.lr L Es. :. l 1 _ _rc _ - - ro m rc..tlran.Cit) prol be ch ;dled 11tc� a "rr r t.l �c Irt c .. ...thr rt i s weir_ lea kLoc ltrr hrrl[ fz v rncr — �� rar �:c.l—shall linear feet of frontage on one:street.” The building is noted as being 245 feet in lenath_ _" A . oval i.rc�¢rw t:lre. '�rrrrt�lacrld 1 ern�l�wrrrmiw� t�� 1 'Cd."1 cr�,+ta `,41ttt� I�o�r 13 lrex rrz rc, t o o e c wx c t c clrait e, pc �1 ex�cpti IIrr ppa i� di ip c�n� � ..�,q ,xnd sits ln: kipire_ Jl g `4 p .�.n��c�rra:eel d� it;rrataua� Cc:'File, planning,ZBA ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK Phone(631)765-1809(631)765-9064 APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: February 13,2017 TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Applicant(s),Northfork Property, LLCof 560 Coir Rqcec clingCommerce Dr., Cutchogue,NY 119')5 i Parcel Location: House No. 81,0 Street Conimerce .. Drive Hamlet ulch0gue . ...................— ................. Contact phone numbers: 631-298-8353 Abigail Wickham,ickhagent a — SCTM 1000 Section 95 Block 2 Lot(s)6 Lot Size 2477A.Zone District LIO hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE XIV, SECTION 280, SUBSECTION 58(B)(5) for the following uses and purposes: To construct a truck terminal. as shown on the attached survey/site plan drawn to scale. Site Plan review [X] IS or I I IS NOT required. A. Statement of Ownership and Interest: c NorthfoA rk Rec ling Property, LLC is(are)the owner(s) of property known and referred -y- -_ to as 810._( oerMmDriut(liogu . ... .ce ve........................._,_C ... ........ .....—-------''I'll. ................ (House No., Street,Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 95,Block 2, Lot 6, and shown on the attached deed. The above-described property was acquired by the owner on July18 2014. B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The proposed facility will be a truck terminal,to be used for parking,garaging and maintaining the trucks and equipment employed by applicant in connection with its adjoining property, with associated storage. These vehicles and equipment are currently housed outside. There will also be several bays used by other trucking contractors. The use is consistent with the zoning code,the neighborhood patterns of development, and the purpose of LIO zoning, as more fully described on Page 2. C. The property which is subject of this application is zoned LIO and is consistent with the use(s) described in the CO(attach copy), or is not consistent with the CO being furnished herewith for the following reason(s): [X] is vacant land, I XoCOUNTY OF SUFFOLK)ss.- V 1.111C4 .............. SATE OF NEW YORK) (Signature) Sorn to before me this of February,2017 w (Notary Public) DONNA McGAHAN Notary Public, State of New York No. 01 MC4851459 Qualified in Suffolk County Commission Expires Aug, 18, 201 ' ZONING BOARD OF APPEALS TOWN OF SOUT"OLD, NEW YORK Phone(631) 765-1809(631)765-9064 APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: February 13, 2017 Page 2 General Standards, please answer the following as it pertains to your project: A. The use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts BECAUSE: 1. LIO Zoned parcels: Adjacent property to south(tax lot 5) is a transfer station and utilizes large trucks of the type and size which will use this property. The adjacent property to the north (tax lot 7)is vacant LIO-zoned land. The property north of that(Tax lot LI/Krupski), is a large vacant LIO zoned parcel. The adjacent property to the west, (Tax Lot 4/Goodwin), is also a large, vacant LIO zoned parcel. Both Krupski and Goodwin can be developed in the same manner as this property, in multiple lots. The Goodwin parcel has a mature evergreen border on its eastern side which screens the subject parcel, 2. LI Zoned parcels: The adjacent property to the cast((96-1-2/Southold Town), was excavated and mined to a significantly lower elevation below grade and is used as a composing facility, and from most of that property this site is not visible. East of that is the Town landfill/solid waste transfer station. The property to the northwest,(83-2-6.I/McBride), is vacant LI zone property which can be developed into more dense and intense uses than the subject property. The properties to the south of the transfer station in North Fork Industrial Park are all zoned LI, are significantly smaller and yet many have very large buildings and outdoor equipment and operations. Many of the same uses allowed in an LI zone are allowed in LIO zones, including truck terminals, but the LIO zones have three times the minimum area as Ll zones, lower lot coverage, and larger setbacks, so the placement of the use on an LIO lot results in a much lower impact in terms of density,traffic, and Visual impact. B. The use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts BECAUSE: Those uses are similar or more intense and this lot is 120,763 square feet in area, allowing large areas for parking,maneuvering,and landscape and buffer aeas. C. The safety,the health,the welfare,the comfort,the convenience or the order of the town will not be adversely affected by the proposed use and its location BECAUSE: The North Fork Industrial Park subdivision, of which this is Lot 7, was designed in order to accommodate industrial type uses in large buildings, in a geographical area where retail and residential uses would not be adversely affected. Most of the entire block, from Rt. 48 to Oregon Road, between Depot Lane and Cox Lane, is zoned I-I or LIO. Neighboring and nearby properties are used for a municipal compost facility,a Municipal solid waste and recycling transfer station; sand and gravel, sanitation, and contractor yards. Extensive scenic buffers carnouflage much of the developed area from surrounding roadways and residences. D. The use will be in harmony with and promote the general purposes and intent of Chapter 280-142 BECAUSE: The purpose set forth in Section 280-139, compatibility with existing land use patterns and the character of the Surrounding community, are met by this project, as more fully described above and below, E. The use will be compatible with its surroundings and with the character of the neighborhood hborhood and of the cornInUnity in general,particularly with regard to visibility, scale and overall appearance BECAUSE: I This is an interior lot, and the building will be shielded fi-orn the view of Rt. 48 in large part as it is located behind the adjoining transfer station building and 34 feet further back from Commerce Drive than the transfer station. There are full grown evergreens and a series of large buildings between the subject lot and Route 48, including the mini-storage facility buildings. The L-shape of the building will "disguise"a large portion of the building from the street view. The size of the building is similar to the transfer station, which is 200 feet in length along its southern side, and the height is 5 feet shorter and 5 feet less than the maximum pen-nitted height. The scale of the building is not excessive for the property, and lot coverage Bruits are met. The building will also be largely shielded from Depot Lane by the large,deep row of full grown evergreens from Route 48 north to Commerce Drive and those planted on the west side of Commerce Drive. F.All proposed structures, equipment,and material shall be readily accessible for fire and police protection BECAUSE: There are adequate areas for ingress, egress and maneuverability, and the rear of the building will have multiple bay doors. All roads between Cutchogue Fire Department and the site are public roads, and there is a traffic control signal at Depot Lane and Route 48. The site is very accessible from Route 48. The site is serviced by public water. G. The proposal shall comply with the requirements of Chapter 236, Stormwater Management BECAUSE: All drainage and roof runoff will be properly contained in accordance with applicable code and regulations. Short Environmental Assessment Form Part I - Project Information Instructions for Completing Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. . ...._W ...... .... . ..... _.............. . ... .... Part 1 -Project and Sponsor Information Northfork Recycling Properties,LLC _ ...... ........ .......... . ,,,,,....... ...,. Name of Action or Project: Northfork Recycling Building �.. �.m.. _....... .......... .....v.......... ..... Project Location describe and attach a location map) 810 Commerce Drive,Cutchogue,NY 11935 SCTM#1000-95-2-6 .Brief Description of Proposed Action: -.-.m.. ._.,_ ................................................. Construction of Truck Terminal:Variance application for insufficient front yard setback and for building exceeding required width for a truck terminal on property zoned Light Industrial Office;special exception for truck terminal,and site plan review. PPSponsor: m .WW.......�.._, Tele........ Name of ATelephone: 631-298-8353 Applicant or NORTHFORK RECYCLING PROPERTY,LLC E-Mail: awickham@wbglawyers.com Address: c/o Abigail A.Wickham, Esq.,PO Box 1424, 13015 Main Road City/PO: State Zip Code Mattituck NY 11952 P P Y ...gadoption _.. .-....... 1.Does the ro osed action only involve the legislative of a plan, local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that 0 El may be affected in the municipality and proceed to Part 2. If no,continue to question 2. ...... any other governmental Agency? NO YES 2. Does the proposed action require a permit,approval or funding from -� ,.. If Yes, list agency(s)name and permit or approval: ❑m Southold Town Zoning Board of Appeals-variances and special exception; Southold Town Planning Board-site plan approval;Suffolk County Department of Health Services-approval of sanitary system,water supply and waste water system. 3.a.Total acreage of the site of the proposed action? 2.77 acres b.Total acreage to be physically disturbed? „x 2.77 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 6„acres .. . ...... 4. Check a] II land uses that occur on,adjoining and near the proposed action. E-]Urban ❑Rural(non-agriculture) m Industrial Commercial ❑Residential (suburban) ❑Forest OAgriculture ❑Aquatic 00ther(specify): Municipal Composting and Transfer Station ❑Parkland Page 1 of 3 ..... ........ 5. Is the proposed action, .... ..... ................................ NO YES N/A .............. a. A permitted use under the zoning regulations? 1:1 1271 0 ...................... b.Consistent with the adoted comprehensive plan? IV E ...........__ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? F71 . ............................... ....... ..................... 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES IfYes, identify: ......... ............ .................. ............................................. E] ................ ................................................................... --------------- 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? E.,/:l El ........... 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: ................. ---------- Fy-(] ........................................... ............................... .. ........ ___ea.................................................. ............-....... 10. Will the proposed action connect to n existing public/private water supply? NO YES IfNo,describe method for providing potable water:.. ............................ ................................................ ... ............................................................. 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: -------- Facility will have sanitary system constructed per SCDHS regulations 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? FIV] E] b. Is the proposed action located in an archeological sensitive area? ......................... 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NOES wetlands or other waterbodies regulated by a federal,state or local agency? ITIT b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? Z El 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: El Shoreline El Forest 0 Agricultural/grasslands El Early mid-successional El Wetland El Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? 17 . .....0....... .......................... 16. Is the project site located in the 100 year flood plain? NO YES ................................................................................11-1--11''...................... ............................ ''I....................................................... ............................... V 11 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? W1 NO DYES [Z] E] b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: 0 NO W]YES a :wining propel r ties does not occur. ---——--­­­­----------------------------------...-------------------------------------- ... ..................... .......................... Page 2 of 3 18.Does thero osed action include... p p 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: _......... _ ......-- -.... ......... .. ...__. _................. �.. u.. ._........................... .,A ........ --- ._,... ... 9.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: AdXy1Jngprof.Le! �cru4al�'w,tr�rr� t¢w° trutacac itt�CYC„ 'C r:��i�. °°°°°°°_ m. . . ..... ........ ........_ .M.. _ 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: �. ....,..v..... .................... __ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE ' Applicant/sponsor name5�4 . ,. r .. ......... Date 2017 Signature A@a1gaflA WVickhani ;nt PRINT FORM Page 3 of 3 APPLICANT'S PROJECT DESCRIPTION APPLICANT: rie..4 ' PREPARED:_ -� . a../... 1. For Demolition of Existing Buil cll g Areas , .. Please describe areas being removed `��"���/e"� +� �,�..� ���.� . � ,. ..... .... ........ e. .eeeeee�...�_. II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: � �LYric��c�''rt� .c^ �� �'", i.� "�-° ��_� ms.L Dimensions of new second floor: .. �-_ ..... ............. � Dimensions of floor above second level: Height(from finished ground to top of ridge): 30 , _ lowestIs basement or existing area being constructed? If please prow ick. height(above^ground) measured from natural gade to first floormY .. .w III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ........... Number of Floors and Changes WITH Alterations; IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your proper(y: — O Proposedlot:l gcove/g Square footage of your zo 6 ' Percentage of coverage of your lot by bu d'ing area: V. Purpose of New Construction: 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): -- - ... . _.. n . .... .. ......w. �.... Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 l ! cst y Cd r � r � r 41 I 4V� �NdA d V I 66 , 00vIr ^�'. � � v�4, � ar N " * W Ili w C7 ......... " ® .N .may bb cd tj En r �y �y k i A � b -i 00_ bA 4 F.+ H �^� ��'� �, ya -,�. v� d✓FRS ,r„ a i y V � I, b� ,hAM ANN a UUpmay, r 'rr �w CIS y M k U,- Pon, EMMA . ,ae.Pr: h � 44 a� •-lg + � Y" A bo �l � xcti O p Ubo fl+ Aui 4 c Cd 45 � 1,10 h �li � o o h � d rl x r � 0 1 W �o X ' tout> �. �-; ++ ,i ,� rug s. ✓ d, •� O dPo��r +� ud U tt�gi�6 ti �+a t II P`f 1 1 i—I lyx Y r ,g� Y C4 J b.Q =j ,u"'"�J CCb r oda Mi '`" 1uh9t 9 f' O t ; n erYA i} .a d^ QUESTIONNAIRE SPECIAL EXCEPTION FOR FILING WITH YOUR ZBA APPLICATION 1. Has a determination been made regarding Site Plan review? X Yes ' No If no, please inquiry with the ZBA office and if site plan is required,you may apply Zhe Planning Dept. at the same time so both applications can be reviewed concurrently. 2. Are there any proposals to change or alter land contours? a. X No Yes please explain on attached sheet. 3.Are there areas that contain sand or wetland grasses?NO a. 2.)Are those areas shown on the survey submitted with this application? b. 3.)Is the property bulk headed between the wetlands area and the upland building area? c.4. If .. ................. _..— ........, ....... ---- your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the trustees: —and if issued,please attach copies of permit with conditions and approved survey. 4. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level?NO 5.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. 6. 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: Existing temporary structures to be removed. 7. 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 obtain copies of them. 8. Do you or any co-owner also own other land adjoining or close to this parcel?Yes If yes,please label the proximity of your lands on your survey. Adjoining land to South: Tax Lot 5,Filed Map Lot 6. 9. Please list present use or operations conducted at this parcel Vacant temporar storage tora eg and parking and the proposed use truck terminal(ex:existing single family,proposed:same with garage,pool or other or vacant proposed office svitli apartments above,etc.) Aul:lpi ized signature and Date ,, 1� Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I, Stanley Lomangino Manager of Northfork Recd cling Property LLC residing at 560 Commerce Drive, Cutchogue, NY 11935 do hereby authorize Abigail A. Wickham, Wickham,.Bressler&Geasa. P.C. to apply for variance(s) and Special Exception.on my behalf from the Southold Town Board of Appeals. Northfork Re, cling,Property, LLC By ( , ner's "I Sln�l "iP 1 x � gr r t ct ZO17 (Print Owner s Name) APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM I'll cTow 11 of'Sol I th old's Code tiff IN hicsmiwrohibttsconflic(s of interest emu(fie part tar town officors of this rorri'l is if)twovide ill forniation (lie 1.0)Vp_Qr possible contil(Is of interest and allow it to take whatever Action is necessary to avoid same. YOURNAME: CLastnume,first name,midlile I nPLil,unless you ore applying in the name of someone eke,or other cnfily,such Asa 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 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 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 betiveen yourself(the applic.iiiUagent/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(ivbcn 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 of Aeb Signatu-c' 2 e? 2 f–Ul PrintMine—' _... _/01 -_P /�,) AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM 'I'lleTowsl ofSOIWL([(Ps("ode of coutlids of hileresl on tile JILIL��)f town(Lf4%Cel-s 11114 el Im es , C, if) '' rlk�)! _1 lis 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 : A z Toidjlk initial,unless you are applying in the name of e e'lse'o-r"o"ther entity,such as a ist17 Last name, na;;;­ company.If so,indicate the othOd"1--1 pemm'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) to-vi VPlanning _V— 5:1�- 14-VV 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 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 of� b, 20./ ........... ... ......... Signature Print Name 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: North Fork Recycling Property, LLC 2. Address of Applicant: 560 Commerce Drive,Cutchogue,NY 11935 3. Name of Land Owner (if other than Applicant): Same 4. Address of Land Owner: Same 5. Description of Proposed Project: Application for approval of truck terminal building; 6. Location of Property: (road and Tax map number)810 Commerce Drive, Cutchogue, NY 11935 1000-95-2-6 7. Is the parcel within 500 feet of a farm operation? {X} Yes { } No 8. Is this parcel actively farmed? {X} Yes { ) No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 1„000-952-4: James D. Goodwin, 7200 Depot Lane, Cutchogue,NY 11935 2. 1000-95-2-3: James D. Goodwin, 7200 Depot Lane, Cutchogue,NY 11935 3. 100095-4-11: Krupski Family Limited Partnership, 95 Laurel Hill Road,Northport, NY 17768 4. 1000-95-2-1.1: John P. Krupski, Jr., 95 Laurel Hill Road,Northport, NY 17768 5 1000-83-3-6.1: F. McBride & Sons LLC, 10415 Oregon Road, Cutchogue,NY 11935 (Please a , the back of this page if there are additional property owners) _21 41 -2,P17 Silva 'Wre of Applicant Date No e: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 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WITNESSETH: WHEREAS, the Declarant is the owner of real property located at 560 Commerce Drive, Cutchogue, Town of Southold, County of Suffolk and State of New York, (SCTM# 1000- 95-2-5) known as Lot 6 ("Lot 6") on Map of North Fork Industrial Park filed in the SCCO on 1/27/2005 as Map No 11215 ("the Map") and Declarant is also the owner of real property at 810 Commerce Drive, Cutchogue, NY (SCTM# 1000-95-2-6) known as Lot 6 on said Map WHEREAS, the Declarant has received site plan approval from the Planning Board of the Town of Southold for a transfer station on Lot 6 (the "Site Plan"), and has filed an application to amend the site plan to provide, inter alia, for an Easement over Lot 7 for the benefit of Lot 6; and WHEREAS, the Planning Board, in a resolution adopted on , required the Declarant to record an easement agreement setting forth the use, maintenance and extent of the easement. NOW, THEREFORE, in consideration of the granting and acceptance of the easement, and other good and valuable consideration, be it declared as follows: 1. Declarant, as the owner of Lot 7, hereby grants an easement over the portion of Lot 6 described in Schedule A herein, and shown on the amended site plan annexed as Schedule B herein (Amended Site Plan"), for ingress and egress and the installation of a driveway for the benefit of Lot 7. 2. The use of the easement within the bounds of Lot 7 shall be in common with the owner of Lot 7 to use same for ingress and egress to Lot 7, but shall not include access by Lot 7 into and over Lot 6. 3. The common ownership of lots 6 and 7 by the Declarant shall not effect a merger and extinguishment of the easement, Lots 6 and 7 being single and separate, and independently transferable, lots. 4. With regard to the use of the right of way referenced above, such use shall be subject to the following conditions: 1 (A) The respective lot owners shall have the joint, equal and mutual right to use the easement described in Schedule "A" as a common driveway for the purposes set forth herein. (B) The term "lot owner' or "lot owners", as used in this Easement, shall be deemed to include any heirs, distributes, successors or assigns of the particular lot owner or lot owners of Lots 6 and 7. (C) This agreement shall not be deemed to create any easement over Lot 6 for the benefit of Lot 7. (D) The word "maintenance" as used in this Easement, shall be deemed to mean all costs and expenses in connection with said driveway, including the costs of installing, improving, installing signage, cleaning, surfacing and resurfacing, regravelling, filling of holes, snow removal, landscape maintenance to insure proper width and all those items necessary to make it convenient and safe for the owners of the aforesaid lots to use the right of way described on Schedule "A". (E) The owners of the respective Lots 6 and 7, or any portion thereof, shall jointly determine what maintenance shall be done on the common driveway to which they have access and the amount of money to be expended therefore. Each lot owner shall be responsible for one half of the maintenance expenses. (F) All improvements to the common driveway within the right of way shall be made following notice to the other lot owner. Said notice shall contain all information necessary to make an informed decision on the matter and shall be personally delivered or sent by certified mail, return receipt requested. If the noticed lot owner does not object within thirty (30) days of the delivery or mailing of the notice, such lot owner shall be bound by the terms of the notice. (G) Both lot owners agree that the common driveway shall always be maintained in good repair employing the same design, type of construction and material as originally installed, unless otherwise agreed to by the owners of Lot 7. Good repair shall include repair of any "potholes" or similar defects in the driveways which cause the driveways to become substandard, and maintenance of the driveway so as to be passable by vehicles. (H) In the event either of the lot owners fails to pay its proportionate share of charges, the lot owner having duly paid both its share of expenses and that of the defaulting lot owner shall have the right to collect such proportionate share from the defaulting lot owner. The lot owner who has paid its proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. The prevailing lot owner shall be entitled to a judgment against the other lot owner for all costs and expenses, including but 2 not limited to, reasonable attorney's fees, and any other reasonable costs and expenses incurred in connection with the above. (1) Notwithstanding anything to the contrary herein, each lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveways by construction traffic, machinery, heavy equipment usage, or other implements used in the use, construction or maintenance of improvements on the casement area. Any failure to make or pay for for such repair may be treated by the other lot owner as a default in the payment of maintenance expenses, in accordance with subparagraph (H) above. (J) This Right of Way Easement may be revoked, rescinded, extinguished, modified or amended only with the written permission of the owners of both Lots 5 and 6, and a majority plus one of the Town of Southold Planning Board, and its approval of an amended site plan for both Lots 6 and 7, which shall not be unreasonably withheld or denied, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners, or the enforcement thereof, may be revoked or modified without the Planning Board's approval so long as any revocation or modification does not permit unsafe or unmaintained access to either lot. (K) The owner of Lot 7 shall have the right to grant an easement for ingress and egress, consistent with the terms and restrictions of this casement for the benefit of Lot 8 on said Map; provided, however, that this shall not extend to the owner of Lot 8 the right to access through or over Lot 6. (L) This Right of Way Easement shall run with the land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of Lots 6 and 7. IN WITNESS WHEREOF the Declarant has duly executed this Easement the day and year first above written. NORTH FORK RECYCLING PROPERTY, LLC By Stanley Lomangino, Manager On July 2015,before me,the undersigned,personally appeared STANLEY LOMANGINO,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that Ire/she/they executed the same in his/her/their capacity(ies)and that by his/her/their signature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument. Notary Public Commission Expires: (Affix Notary Stamp or Seal) /LJTV/EaseAgrnt 3 -µ y y4 y Z r�l N _ .. j D m 1 V•1 O m G co i m O m �... .. ... .- -.. - " D m N wI.. r oo � � 1 D (� . 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"�„.,w. on fw`^.o �•�� .xo«I .„h'' .Ogre 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(so uthoIdtown.north fork.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# 95 The Application has been submitted to (check appropriate response): Town Board Planning Dept. X Building Dept. Board of Trustees ZBA 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: X Nature and extent of action: Variances, Special Exception and Site Plan for Truck Terminal Location of action: 810 Commerce Drive, Cutchogue, NY Site acreage: 2.77 acres Present land use: Temporary vehicle and materials storage Present zoning classification: LIO 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: Northfork Recycling Property, LLC (b) Mailing address: 560 Commerce Drive, Cutchogue, NY 1935 (c) Telephone number: Area Code (631) 298-8888 or 298-8353 (Agent) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? NO If yes, which state or federal agency"?_ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes No (Not Applicable -please explain) YES The proposed use is consistent with light industrial office uses. The proximity to Route 48, off an intersection with a traffic light, and to the Southold Town recycling, composting and solid waste facilities, as well as a location central to the industrial park, makes efficient use of infrastructure. Parking, garaging and maintaining of vehicles and equipment used on adjoining sites will reduce road traffic to offsite locations for such purpose. The Planning Board, in its site plan review, will review landscaping and buffer requirements which enhance community character. The parcel will not preserve open space. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III —Policies Pages 3 through 6 for evaluation criteria Yes No (Not Applicable—please explain) NOT APPLICABLE 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 No (Not Applicable—please explain) YES Natural evergreen buffers, both existing and those to be required in site plan review, will help shield the building and uses from outside view. Criteria A. Minimize introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character. The proposed use is not discordant with other uses within the area and agricultural uses. Utility lines serving the site are proposed to be buried. Therefore the proposal furthers this sub-policy to the extent practical for the proposed use. There are significant natural screens along Depot Lane 2 and along the west side of Commerce Drive that will camouflage the building from Rt. 48 and from Depot Lane. Criteria C. Screen components of development which detract from visual quality. The property located to the west is occupied by the Southold Town Compost Facility and Landfill, to the north a vacant LIO lot and agricultural lands (zoned LIO), to the south existing commercial uses (zoned LI) and to the east agricultural lands with one single family residence (all zoned LIO). The Planning Board site plan review will address required screening and a landscaped vegetative buffer. Therefore the proposal furthers this sub-policy. Criteria D. Use appropriate siting, scales, forms, and materials to ensure that structures are compatible with and add interest to existing scenic components. The proposed use is located greater than 1000' from County Road 48 (CR 48) a designated New York Scenic Byway. The parcel is in the northern section of the industrial park. Looking north from Rt. 48, the structure will be largely hidden the buildings in the LI section of the industrial part and behind the existing large transfer station, and will be of a lower height than the transfer station. Criteria J. Protect visual quality associated with public lands, including public transportation routes, public parks and public trust lands and waters. The proposed action is only partially located within the view-shed of CR 48, a designated New York State Scenic Byway. During the creation of the North Fork Industrial Park subdivision which created the subject lot, the Planning Board required a 100 foot vegetative buffer along CR 48 to screen the uses from CR 48. There is also a large and well vegetated buffer along Depot Lane. Thee buffers consis of large, fully grown evergreens, several trees deep, and a significant evergreen tree line along the western edge of Commerce Drive directly opposite the site. These buffers, the intervening buildings, and the proposed on-site landscaped buffer will sufficiently screen the proposed use from CR 48 and Depot Lane to the greatest extent possible. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes No (Not Applicable—please explain) NOT APPLICABLE 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—please explain) YES Criteria 5.5. Protect and conserve the quality and quantity of potable water, 3 Suffolk County Dept. of Health Services will provide review of water supply (public water) and sanitary system to prevent improper intrusion into water supply. The proposed action includes a pervious gravel parking area to control surface runoff. There will be no municipal solid waste or construction and demolition debris on this site. 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—please explain) NOT APPLICABLE Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III— Policies Pages 32 through 34 for evaluation criteria. See Section III —Policies Pages; 34 through 38 for evaluation criteria. Yes No (Not Applicable—please explain) The impact on air quality from truck traffic will not exceed normal industrial and local usage, and emissions are in accordance with NYS emission standards. 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—please explain) Yes—this operation supports in part the environmental recycling and waste stream efficiencies of the adjoining transfer station. -The proposed action is not located adjacent to a water body or flood zone and waterborne transport of waste materials is not included within the proposal. -The subject parcel is not located over a Special Groundwater Protection Area. -There are no Significant Coastal Fish and Wildlife Habitats on site. -There are no habitats critical to vulnerable fish and wildlife species, vulnerable plant species, and rare ecological communities on site. -There are no wetlands on site. 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. Yes No (Not Applicable—please explain) NOT APPLICABLE 4 WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. Yes No (Not Applicable—please explain) NOT APPLICABLE 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—please explain NOT APPLICABLE 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—please explain NOT APPLICABLE Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. 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