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HomeMy WebLinkAbout7147 c216- S00`7vL-b / ?WO e:562) Ca,U✓ae s loll- cav 1, 7/ .4-A.4 Q mAlmool- i i T � ✓� v/fjP��v�� fir' /.t��mA,QJss j {kgcs'E.eVl i��,c�. X42 i xX/// Sic o2�d /a 1501-16. )06 I i �...... ._. 3 _. ..._. CHECK BOXES AS COMPLETED ( ) Tape this form to outside Of file ( ) Pull ZBA copy of ND ( ) Check file boxes for prior cQ c > O ( ) Assign next number on li. CL 0 CD 0 outside of file folder y ( ) Date stamp entire origin; file number my � o w cn O Hole punch entire origins v x o v aOw (before sending to T.C. _ Cn n v o G) r i Z z cn cn ( ) Create new index cardrn °;( o ( ) Print contact info & tape N I% ,v _ m ( ) Prepare transmittal to Tc G° cn T Z N0< @ C, Cn ( ) Send original application' C° � `� CL to Town Clerk v --j v o I ( ) Note inside file folder w� o v and tape to inside of fol o w ( ) Copy County Tax Map; hi o neighbors and AG lots ( ) Make 7 copies and put vel ( ) Do mailing label * v ' .A .� 311g11 BOARD MEMBERS OF soar Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer • �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento li/'COU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD �R.nE_C-'EIVED Tel.(631) 765-1809•Fax (631)765-9064 -tQ�PLS FINDINGS,DELIBERATIONS AND DETERMINATION APR 2 MEETING OF APRIL 19,2018 ZBA FILE: 7147 uthold Town Clerk NAME OF APPLICANT: 53245 Main Road Corp., John Nicoletti PROPERTY LOCATION: 53245 Main Road Southold SCTM No. 1000-61-1-8.1 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 27, 2018 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. TOWN OF SOUTHOLD PLANNING BOARD: The application was referred to the Southold Town Planning Board for comments. In their March 14, 2018 memorandum, the Board indicated their support for this variance reasoning that the proposed retail use is relatively low in intensity and appropriate for the downtown location, and that the dwelling use fills a need within the town for rental housing. PROPERTY FACTS/DESCRIPTION: Parcel is improved with a two (2) story frame home fronting on NYS Route 25 to the east, an additional two (2) story frame dwelling in the rear of the property (cottage) to the north west, an in ground swimming pool, surrounded by a concrete patio, and a stone driveway along the eastern portion of the parcel, all as shown on survey, prepared by Howard W. Young, Land Surveyors, dated November 22, 2017. Additionally, a rear stone/earth driveway giving access to the Town parking lot is located to the western portion of the parcel. The L-shaped parcel consists of 23,798 sq. ft., and measures 84.68 feet fronting NYS Route 25 along the southerly property line, measures 324.26 along the easterly property lines, measures 109.15 feet along the northerly property line, and 347.71 feet along the westerly property lines. BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's November 22, 2017 Notice of Disapproval based on an application for a building permit to convert a pre-existing single family dwelling to a commercial retail store and to construct a freestanding sign; at; 1) proposed conversion will provide for two separate uses (pre-existing accessory cottage and a proposed retail store) upon a single parcel measuring less than the minimum allowed 20,000 sq. ft. in-area per permitted use; located at: 53245 Main Road, Southold,NY. SCTM#1000-61-1-8.1. Page 2,April 19,2018 #7147, 53245 Main Street Corp.Nicoletti SCTM No 1000-61-1-8.1 RELIEF REQUESTED: The applicant seeks a variance to establish a retail business (interior design) in a residential structure located upon a 23,798 sq. ft. parcel on Main Road in Southold. Since a pre-existing, non- conforming accessory cottage also exists on the subject parcel, the proposed business constitutes a second use which would require a minimum total of 40,000 feet(20,000 sq. ft. per use) in the Hamlet Business Zone District. ADDITIONAL INFORMATION: The Notice of Disapproval also requires the applicant to obtain a building permit for a freestanding_ sign. The sign is not a matter for this Board, since the applicant intends to comply with the Zoning Code. The sign will require a Certificate of Appropriateness from the Landmarks Preservation Commission because the subject building is listed on either the Southold Town, New York State, or the National Registry of Historic Places. At the hearing the'applicant indicated that the COA had been obtained and was at the Building Department. The applicant must also obtain site plan approval from the Planning Board. At the hearing the applicant also testified that, the cottage will be rented separately from the retail use and the swimming pool will not be used by either the applicant's operation or the cottage resident. He also stated that public access to the proposed retail use shall be limited to the ground (first floor)of the subject property. In 1978, the Board (Appeal Nos. 2430 & 2431 dated July 3, 1978) granted the prior owner relief to allow a second residence on the premises. In addition, a swimming pool was allowed to be built per ZBA Appeal No. 3446, dated March 14, 1986. On October 1, 2012 a Pre-Certificate of Occupancy was issued for both residences indicating that they were constructed prior to zoning. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 5, 2018 atwhich time written and oral evidence were presented. Basedupon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town LawX267-b(3)(b)(I). Grant of the variance herein will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. No changes will be made to the footprint of the existing historic dwelling; only minor interior work and minimal landscaping improvements are proposed. The proposed business use is consistent with other nearby retail stores in the Hamlet Business Zone District fronting on the Main Road in Southold. The residential cottage to the rear of the property is rented by others, and having separate access, will not interfere with the proposed retail operation. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The Main Road location is appropriate for a retail operation. The rear cottage has the benefit of having ingress and egress to the town parking area located to the rear to the parcel. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, both structures were established prior to zoning and are appropriate to the Hamlet Business Zone District . According to town records,the cottage was converted from a barn in 1985. 4. Town Law &267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Both structures have been in place for many years without adverse impact; the cottage will continue to be occupied as a dwelling and the retail operation is appropriate for the downtown area. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant rented the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. Page 3,April 19,2018 #7147, 53245 Main Street Corp.Nicoletti SCTM No. 1000-61-1-8.1 6. Town Law X267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new business 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 Goehringer, seconded by Member Dantes, and duly carried, to GRANT the variance requested, which will allow the applicant, as tenant, to establish a new business on NYS Route 25 in Southold,New York; and shown on the survey prepared by Howard W. Young, L.S., dated November 22, 2Q17. SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the applicant shall obtain a Certificate of Appropriateness from the Landmark Preservation Commission for the proposed sign. 2. The applicant shall obtain site plan approval from the Town of Southold Planning Board. 3. To protect the health and safety of the public, both tenant and owner of the premises shall bar the public from access and use of the"as-built" swimming pool. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. 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 addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dantes,Acampora, and Planamento. Th' Resolution was duly adopted (5-0). l c -../ �4" slie KanWeisman, Chairperson es Approved for filing '`f / 2-5 /2018 (1)UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLA( ON 7209 OF THE NEW YORK STATE EDUCATION LAW.(2)DISTANCES SHOWN HEREC PROPERTY LINES TO EXISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE Np7 Tp gE USED TO ESTABUSH PROPERTY LINES OR FOR ERECTION OF FENCES.(3)COPIES OF THIS SURVEY MAP NOT REARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY.(4)CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SV PARED AND ON HIS BEHALF TO THE TITLE COMPANY,GOVERNMENTAL AGENCY ANC INSTITUTION LISTED HEREON,AND TO THE ASSIGNEES OF THE LENDING INSTITUTION:CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS ON SUBSEQUENT OWNERS (S)THE LOCATION OF WELLS(w).SEPTIC TANKS(ST)R CESSPOOLS(CP)SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS 1„ C \ 400 Ostrander Avenue,Riverhead,New York 11901 \ \ tel.691.121.2303 fax.631.'72'1.0144 adminoyoungengineering.com \ oc ti°p �G \` N 0"U" 4 gou'" \ �n4k �Q� \ Howard W.Young,Land Surveyor Thomas Doug ash GE. Adlpams,Professional Engineer a96 ` Robert G Tast,Architect \ \O 6 S Robert 5tromski,Architect WA*�—E Za C� o O SITE DATA a `\ 1000 �aa � 0 OOH^ \\ _{ .o9•.en 3 AREA = 25,715 SQ. FT. dt Ute' \e. ��//��' a o V" G a7 0 3 0 ' "0(00 Q \s° \A I 9 I. ,��0� h �i i `\ SURVEYOR'S CERTIFICATION 54, A •WE HEREES'L'CERTIFY TO 53245 MAIN ROAD P. THAT \ va90 Q�d s� o \\ PPRAG'Tlr- FOR SURVEY RLAND SSIJ�s ADOPTED B E T ASSOCIATION OF PROFESSIONAL LAND X69 X. -L 10, \ 9ti 'p p •p1 sP c�� \ , 4589' . �✓ HOWARD W.YOUNG,N.YS.L.S.NO 45b93 LAND SURVEY FOR 53245 MAIN ROAD CORP. FINAL MAP 1\ \ A T at Southold, Town of Southold REVIEWED BY ZBA � � ,,,� 2�1 Suffolk County, New York \\ •+"9� \?��' ° ��( O'00 CERTIFIED SURVEY SE DECISION # 91`4`1 g\� ,,\ \°o DD� 1 j / C)��� \ County Tax Map o,9LF,�t 1000 s.a,ol,bl !Mock OI Lot 6.1 O FIELD SURVEY COMPLETED NOV.21,201"1 \ QP I�• MAP PREPARED NOV 22,201-7 Record of Revisions 7 RECORD OF REVISIONS DATE 00 ° \��' RECEIVED , S DEC 12 2017 m ob'D600 ZONING BOARD OF APPEALS 40 0 Zo 40 eo off 1100° Scale: 1" = 40' .JOB NO.2011-0229 DWS.2011_0229_c9 I OF I = MONUMENT SET ■= MONUMENT FOUND = STAKE SET e= STAKE FOUND QQ= PIPE FOUND Y -172" —36" 8 128" 75" 43" - 54"—,' ---------------------_------ ----- - - ------ 0 (D 0 J.. KITCHEN N C', C-4 Cn —120" f-36—,' V 27"---,',L--271- .5 0' 34 170"-- - I"i . ; —27" 'Ll 32"--1! 8"� 541" 27 108" 48" 43" IT=------------- U.. .......... ------ _T� 17--- ........................... -------------- -------------- ----------------------------------- ----- ------------------------------------------------------- M BATHROOM ;,i co i C, [. 4 0 N 1 4 In ZD -4 r- Un ------------ --- --- F CLOSET 118" —120- 87-2L"—1 .30",V��,rwk=�- (D 7,7777-7,37 ...................... Cl) —88"— Jai ... ... --- ------- -----------------I W C9 170" (D 120" 58" _72— 4) ................. 32"- _72" 58 A 41 170" vi . ...... --- ----- ........... .... ........... C Cq 0 ch M 120" 4­,�-32 J 71 zz= -W U _J 04 (D —-----_44—k-32" 44" 0) w 120" ILL ------------------------------------ U, 0 -ZN 0 V FOYER ------- -------------------------- ...... '0 ==.............. .. ............ -------------------------­------------------------ �-46­ —82" —42"—, �-1 2" 60" A[ —46"—, �-30" 82" 170" 118"— 120" 426" 0 Z FRONT ENCLOSED PORCH Z G) CD U3 0 M rn All dimensions-size designations This is an original design and must Designed: 12/9/2017 0 r-..) M given are subject to verification on not be released or copied unless Printed: 12/10/2017 Ff? 30" applicable fee has been paid or job > 41 job site and adjustment to fitjob a conditions. order placed. V 2020 A-4 A 0 1)vk M -S First Floor.kit All Drawing#: I 53245 32'x 63' x 3/4" Komocel Sign, Double Sided with 5' x 54" x 3/4' Komocel Pane15 NICOLETTE IS Installed on (2)4'x 4'x9 PVC/AM F 5t5 54345-2-1/2"Garamond IT Book BT FOR THE HOME NICOLETTE5-5" Garamond IT book BT FOR THE HOME-3-1/2"Garamond IT Book BT 631-407-5417 631-407-5417-3''Garamond IT Book 131- HOME DECOR&ACCESSORIES-2-1/4"Garamond IT Book BT HOME DECOR & ACCESSORIES KITCHEN&BATH DESIGNS-2-1/4"Garamond IT Book BT VINE GRAPHIC-221/2"x 16-1/4' KITCHEN & BATH DESIGN Al LETTERING AND GRAPHICS-BLACK 5ACKGROUND COLOR-WHITE POST COLOR-WHITE ALL SIGNS COMBINED-20-1/2" SaFT. x C GRADE TO TOP OF POSTS-6 RECEIVED 6 DEC 12 2017 ZONING BOARD OF APPEALS Wedel Sign Company 631--727--4577 705 WEST MAIN STREET, RIVERHEAD, NY 11901 UWA40FFICE LOCATION: MAILING ADDRESS: 1/ G Town Hall Annex �0��0f SI�UI�oP.O. Box 1179 1'�L 54375 State Route 25 I So� uthold, NY 11971 ldQj,1(cor. Main Rd. &Youngs Ave.) �{ Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov ✓ws 3) RECEIVED PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAR Q#2018 MEMORANDUM ZONING BOARD OFAPPEALS To: Leslie'Kanes Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: - Donald J. Wilcenski, Chairman Members of the Planning Boards c ' Date: March 14, 2018 Re: Request for Comments for 53245 Main Road Corp. SCTM#1000-61-1-8.1 ZBA#7147 The Planning Board has reviewed your request for comments regarding the above- referenced conversion of an existing Single Family Dwelling to a commercial retail store with an existing detached cottage on a 21,780 sq. ft. parcel in the Hamlet Business (HB) Zoning District. The Planning Board supports this variance request for the reasons outlined below. Generally, the adaptation of an existing building is preferred to new construction, especially in a historic district; and, although the variance requested is substantial, one of the two uses is not a commercial use, and fills a need of the town for rental homes. In addition, the proposed retail use is relatively low in intensity and appropriate for this downtown location. If the retail space occupies the first floor only, as was proposed in a pre-submission meeting last year, it appears the parking requirement for both uses will be able to be met. The original ZBA decision (file #2431 in 1978) permitted a second residential home to be allowed on site. The decision relied on the intensity of the uses being low and made the point that development under the existing zoning without variances could be much more intense. The same goes for today's zoning. Permitted uses such as a restaurant would generate a greater need for parking and be more intense a use than what is proposed. Thank you for this opportunity to provide comments, and please feel free to call us with any questions. 8 .F COUNTY OF SUFFOLK 1 Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning 11 Theresa Ward Division of Planning Duty County Executive and Commissioner and Environment December 27, 2017 Town of Southold RECEIVED Zoning Board of Appeals 53095 Main Road SAN 2G18 P.O. Box 1179 ZONING Southold,NY 11971-0959 NING BOARD OF APPEALS Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Neimeth, Christopher& Kristen #7146 53245 Main Road Corp. #7147 McGoldrick,Neil &Amy #7148 Tietjen, Elsie (Living Revocable Trust) #7149 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 0 HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 itECE1� k FORM NO 3 Q aEAPPEMS TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y NOTICE OF DISAPPROVAL DATE:November 15,2017 AMENDED: December 1,2017 TO: John Nicoletti (53245 Main Road Corp.) 1040 North Broadway North Massapequa,NY 11758 Please take notice that your application dated September 26,2017: For permit to convert pre-existing single-family dwelling to a commercial retail store and to construct a freestanding_sign: Location of property: 53245 Main Road, Southold,NY County Tax Map No. 1000—Section 61 Block 1 Lot 8_1 Is returned herewith and disapproved on the`following grounds: The proposed conversion on this 21,780 sq. ft. lot in the Hamlet Business zone is not permitted pursuant to Bulk Schedule,which requires a minimum of 20,000 sq. ft. per use in this zone district. The proposed retail store constitutes an additional use since there is a pre-existing two-bedroom accessory cottage on this lot. In addition,pursuant to Article XXIII, Section 280-127,the proposed uses require site plan approval from the Southold Town Planning Board. Lastly,the proposed freestanding sign is not permitted without review and approval by the Southold Town Landmarks Preservation Commission, because the property is listed on either the Southold Town,New York State and/or the National Registers of Historic places and requires review by the Southold Town Landmarks Preservation Commission. If the requirements of the town code, pertaining to Landmarks(Local Law No.22)are met, a Certificate of Appropriateness(C of A)will be issued. The C of A is required before a Building Permit will be approved. Information about the requirements for applying for a C of A is available at the information counter in the Building Department. You may now apply to these agencies directly. (NOTE.Pre-Existing Certificate of Occupancy issued on 10/1/2012 for a single-family dwelling and an accessory t, bedroom cottage) A rized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. I ' Fee: $ Filed By Assignment No I RECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS D EC 12 2017 AREA VARIANCE House No.532qS' Street Ma l n Ro ciol Hamlet Sou i hold ZONING BOARD OF APPEALS SCTM 1000 Section_� l Block I Lot(s) 8A Lot Size 5 Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED It/15/1-7 BASED ON SURVEY/SITE PLAN DATED Owner(s): 53;-,j5 Mair, Roaot Corp. Mailing Address: 22 W n 91j+ R.oa cl 1 R o c K v;I l e CerN-h-e .y I S70 Telephone: 0117- L9 9 0-1h9 Fax: Email: Cor n e l 1prop corp Xa hoo•!o v�, NOTE: In addition to the 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: J () Y\ Rk rrd 1 1 for( ) Owner( )Other: Address: W'N N �r08 t,Ua a SQ �t aD3� Telephone:(031"7%-QgS1 Fax:S(P"(o '3S9 Email: ,p %L � 9�. Ma - cum Ple a check to specify who you wish correspondence to be mailed to,fromth above names: (✓ Applicant/Owner(s), ( )Authgrized Representative, (✓Other Name/Address below: hr, N,«cell WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 9116/17 and DENIED AN APPLICATION DATED tl/15/17 FOR: ( )Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy QX) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: )(11 I Section: Subsection: Type of Appeal. An Appeal is made for: (�Q 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. ( ) Interpretation of the Town Code,Article Section ( ) Reversal or Ot er A prior appeal has, has not been made at any time with respect to this property, UNDER Appeal No(s). 4�( Year(s). 1017& . (Please be sure to research before completing this question or call our off ce for assistance) Name of Owner 1214 ),71� 1,+706 ZBA File# 3j/ 4(o t6l10 Name of Owner• fz qg Mgih Roa of C'V fp• ZBA File# REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: -tv-u. cfr_t.r_- C house suety e c-F(y rtl�eSgrm� 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: --tvLvn rl( rn 1 3.The amount of relief requested is not substantial because: the hcu.$-e I S &11KC 11"cuh QooG� W)iv,ke Ji)et-e ot -e i1 umevc4 S V-erul 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because:, pj,\45'(CEC.I 116 Luz NA 1.1 If V11'aAl I'(-, S - 7� q7 RECEIVED 5.Has the alleged difficulty been self created? { } Yes,or Oq No Why: DE C 12 2017 ZONING BOARD OF APPEALS Are there any Covenants or Restrictions concerning this land? A 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. Sig ie of Applicant or Authorized Agent ( e must submit written Authorization from Owner) Sworn to before me this day of T 04L o ary JURONN OLIVIER Notary Public-State of New York N0.01 OL6343146 Qualified in Kings County My Commission Expires Jun 6,2020 APPLICANT'S PROJECT DESCRIPTI..,.. APPLICANT: 53-2/45 Ma ih Ind Corp DATE PREPARED: 1113017 1.For Demolition of Existing Building Areas Please describe areas being removed: N1 A WQ SOS &0,0 Uel H.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 1�1y�Q- Dimensions of new second floor: po wt Dimensions of floor above second level: 1.�tj2, Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: 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: hcu5-e Number of Floors and Changes WITH Alterations: X10 re IV. Calculations of building areas and lot coverage(from,surveyor): Existing square footage of buildings on your property: ' UNA Proposed increase of building coverage: O Square footage of your lot: d3 -7V Percentage of coverage of your lot by building area: 8a V.Purpose of New Construction:L—h�p' 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 f A -7-iN-C- Please submit 8 sets of photos,labeled to show different angles of yard areas after stRakiE �rners for new construction,and photos of building area to be altered with yard view. 7` 4/2012 91:C 12 2017 ZONING BOARD OF APPEALS QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes __,./ No B. Are there any proposals to change or alter land contours? _,,/ No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? N� 2.)Are those areas shown on the survey submitted with this application? 3.)Is the property bulk headed between the wetlands area and the upland building area? 4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? y o _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?—N 0 _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? Vb If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel re�+a t busi ne,S ` reci ctem4-tuwl reLv mind the proposed use rcn 4c" busi�ires -t re6i l ire Qr�ek re-5,(erg ka) re-rxim l C&f4rQc (ex:existing single family,proposed:same with garage,pool or other) !i 3o 112 thori signature and Date RECEIVED L ZONING BOARD OF APPEALS €, CE�U � AGRICULTURAL DATA STATEMENT - �' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD z6�1Pu6 taA�o OF APPA 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: 15MIV5 MA"", V-ba d Cava 2. Address of Applicant: L2 u t y41�} " - a u A ji(l P C P vr+Ve IJ,V 1 1570 3. Name of Land Owner(if other than Applicant): r 4. Address of Land Owner: 5. Description of Proposed Project: tQ Av (oiiyeyj ( o U' 6. Location of Property: (road and Tax map 1 number) v 5 �P LO r 7. Is the parcel within 500 feet of a f operation? { } Yes DiNo 8: Is this parcel actively farmed? { } Yes { } No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5 6. (Please use the back of this page if there are additional property owners) ;'Ov f, 11-7 Signa of tcan Date Note: 1 The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3 Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review J 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part l -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 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. / gi Part 1 -Project and Sponsor Information RECEIVED Name of Action or Project: 3;t.415 Mf"4 F2d Corp Project Location(describe,and attach a location map): ZONING 53A�-5 VY)a� I r,oQol , so clll, NA , N .y. Brief Description of Proposed Action: �erm 4 <,C; v��' S 11�-)1.#- C(),vv\rv\e.�cj v�e. � S�� -i- e—Ovt c+tu G*' sT-'9V\ Name of Applicant or Sponsor: Telephone: (0cy0 _q 7�G� 53 45 W)ajr% 12d Coq . E-Mail:6-0VneIP!! rpf ahW46 Address: ').2 W r i I h4 0- v, City/PO: State: Zip Code: 12o C K.,) J I-e (_Pr\+W ) N • 11571 1.Does the proposed action only involve the legislative adoption 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 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 pen-nit or approval: 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? O -acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? •Y_ acres 4. Check all land uses that occur on,adjoining and near the proposed action. • Urban ❑ Rural(non-agriculture) ❑Industrial ®Commercial a Residential(suburban) ❑ Forest ❑Agriculture o Aquatic ❑Other(specify)• ❑Parkland Pagel of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 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: / 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? V c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 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: V 10. Will the proposed action connect to an existing public/private water supply? �f NO YES If No,describe method for providing potable water: --w� i 1 1 V RLLEIVEB 11.Will the proposed action connect to existing wastewater utilities? NO YES ^017 If No,describe method for providing wastewater treatment: � 1 2 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? 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 NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? V/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 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? 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 b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? ... If Yes,briefly describe: NO 11 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: V 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? RECEIVED 1--4'P' If Yes,describe: V Lou 20.Has the site of the proposed action or an adjoining property been the subject of r ngomg or NO YES completed)for hazardous waste? ZONING 90ARD U�e ' � / If Yes,describe: / I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE 53.7-/S Mai ek (looioA Carp Applicant/sponsor Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other 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?" .,.-.4 - - - - � -,fir, �'•,� ;5�'�'LJs ; �� No,or Moderate small to large impact impact '...a• �•� :`i: - .^�.?�_'FYY,��.,1{art ' � may may •-.°�("i;: - :•i i' :.cry �:.t.�ir:: a. ,ti% >y,�,. .�4_.` +ice. 2� a OCCUr OCCUr ter`....• ._v]:n_.:.t:'V.in�����?�'�. 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 =aF; 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. REcEiv D ZONING BOARD OF APPEALS ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) Cl.i�-�hc� C • �arY,�G� J� ' residing at 22 W1r-i!llti-� ROCKA111C (Print property owner's name) (Mailing Address) (Cyykr e 1 IJ do hereby authorize J(J rl In N -P— (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. wner's Signa e) C ; C. Co ,e i I Jr• i I (Print Owner's Name) rj31 � Mct�h a ca-ci coy � ?�17 C - - ZONING SpARD OF APPEALS v�Qr,wt- 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. k YOUR NAME : "`,Or Y� 1 coI I,"' (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 Permity SI Oen Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. �• YES NO ,✓/ If No,sign and date below. If 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 RECEIVED_7:,_I- �> D)the actual applicant f.C 1 2 2L017 DESCRIPTION OF RELATIONSHIP ZONING BOARD OF APPEALS Submitted this d ;Of d,20 Signature 41 �\ L Print Name J& t a ��T O L Jot' A s /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 : 53245 McGh �Lmool C�I(p CI ,��' >d C • �G�neJr • Pr�'sic�n� (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 ai h Variance t/ Trustee Permit Change of Zone V1111 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 If No,sign and date below. If Yes,complete the balance of this form and date and sign where indicated.J Name of person employed by the Town of Southold -oy n 'P- S��Pr105 kt Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or em to ee. brlller;h I aW / b refP—r - 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 l q7 RECEIVED Submitted this 3t7 d ,20� DEC 12 217 SignatureAy ZONING BOARD OF APPEALS Print Name �� ►� C Cot Kell 0V 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. RECEIVED / B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# (�p- t - 8. , D E C 12 2017 The Application has been submitted to(check appropriate response): ZONING BOARD OF APPEALS Town Board Planning Dept. YN Building Dept. 0 Board of Trustees I. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction, planning activity,agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license,certification: Nature and extent of action: bU%►M r� -{rte ['•C11 u- (4 C'c:m cLA re 4-c-- 5'�► l e'ovistYu C_+ C) Location of action: Site acreage: Present land use: r 4O S i d Pry-H eq Present zoning classification: r Q S i cie ►iA-41Q I 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: S32,413 M a.i�i P-A Corp (b) Mailing address: 2 _AA,f r2 o o pr J i (en 157C) (c) Telephone number: Area Code (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ 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) RECEIVED n F r 1 9 2917 ZONING BOARD OF APPEALS Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ❑ (Not Applicable— please explain) Town of Southold Annex 10/1/2012 P.O. Box 1179 54375 Main Road Southold, New York 11971 A6 CERTIFICATE OF OCCUPANCY No: 35936 Date: 10/1/2012 THIS CERTIFIES that the building OTHER Location of Property: 53245 MAIN RD SOUTHOLD, SCTM#: 473889 Sec/Block/Lot: 61.-1-8.1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 8/10/2006 pursuant to which Building Permit No. 37497 dated 9/6/2012 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: fence for existinp,swimming pool per code as applied for. The certificate is issued to Bums,Margery D (OWNER) RECEIVED o!7C of the aforesaid building. ZONING BOARD OF APPEAL SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Auth eZi /aret f � FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. . . . z1.475?. . . . . . . Date . . . .Aug ust. 4... . . . . . . . . . . . . . . . . .. 1986. THIS CERTIFIES that the building . . . . . . n e. family dwelling. . . . . . . . . . . . . . . . . . . . Location of Property 53245. Main Road. . . . . . . . . . . . . . . . . . Southoldw ! Ne . York House No. tret Hem%t County Tax Map No. 1000 Section . . b.1. . . . . . .Block . . . 01. . . . . . . . . .Lot . . . $.•.1. . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated July 9 .. . . . . . . . . . . , 19 .8 5 pursuant to which Building Permit No. !4 2 4 2 Z. . , . . . . September 5 , 85 dated . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . ,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 . . . . . . . . . . . . . . . . . . . . . . . . . .One .fami.ly . dwe llin.F. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . The certificate is issued to . . . . . M a r g e r y Bu r n s . . (OWl)Bl,/Q6�e8C R/}�/DBQbf X of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . .S-65 . . _ . UNDERWRITERS CERTIFICATE NO. . . . . . . . . .N?5 9 9 9 2 Plumbers Certification DatedJuly 31 , 1986 __...._.. - . . . . . . _. . . . . .. . . . . . ... . . . v.._... _cam_. -- Building Inspector Rsv.1/81 / RECEIVED 0,17 ZONING BOARD OF APPEALS i FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. . . 2.1.4753. . . . . . . . Date . . . .August 4 .. . . . . . . . . . . . . . . . . .. 19 $b. THIS CERTIFIES that the building . . . . . . . .s? i_m m i n g 0 01 & f e n c e 53245 Main Road Southold , N . Y. Location of Property House No. �t�eet 8 . 1 Hamlet County Tax Map No. 1000 Section . . . . .Block . . . . . . . . . . . . . . .Lot . . . . . . . . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated September 24 , , 19 8 5. pursuant to which Building Permit No. 14 6 6 4 Z dated March 17 , 86. . . 19 . . ,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 . . . . . . . . . inground swimming pool & fence The certificate is issued to . . . .Margery Burns (owner�A4AAy9X reXA19X of the aforesaid building. Suffolk County Department of Health Approval . . . . , . . N/A UNDERWRITERS CERTIFICATE NO. . . . . . . . . . .N759.7.72 a4-z& .Building-Inspector-- Rev.7/81 RECEIVED ZONING BOARD OF APPEALS Town of Southold Annex 10/1/2012 P.O. Box 1179 54375 Main Road Southold, New York 11971 CERTIFICATE OF OCCUPANCY No: 35923 Date: 10/1/2012 THIS CERTIFIES that the building AS BUILT ALTERATION Location of Property: 53245 Route 25, Southold, SCTM#: 473889 Sec/Block/Lot: 61.-1-8.1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 1/30/2012 pursuant to which Building Permit No. 36965 dated 2/1/2012 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: "as built"alteration for bathroom in existing one family dwelling as applied for. 7 RECEIVED nor 2 '2017 ZONING BOARD OF APPEALS The certificate is issued to Burns,Margery D (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 36965 9/24/12 PLUMBERS CERTIFICATION DATED Author-izg Signature Town of Southold Annex 12/3/2014 P.O. Box 1179 54375 Main Road y � ? Southold,New York 11971 . ¢, CERTIFICATE OF OCCUPANCY No: 37303 Date: 12/3/2014 THIS CERTIFIES that the building ADDITION/ALTERATION Location of Property: 53245 Route 25, Southold, SCTM#: 473889 See/Block/Lot: 61.4-8.1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 8/5/2014 pursuant to which Building Permit No. 39091 dated 8/7/2014 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: PORCH REPAIR TO AN EXISTING ONE-FAMILY DWELLING AS APPLIED FOR The certificate is issued to 53245 Main Road Corp -5p—, -7/ (OWNER) RECEIVED PEC 12 2117 of the aforesaid building. ZONING BOARD OF APPEALS SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Auto ed S gnatur TOWN OF SOUTHOLD, NEW YORK DATE „JUly.....3, 1978 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2431 Dated May 31, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Margery D. Burns Appellant Main Road Southold, New York 11971 at a meeting of the Zoning Board of Appeals.on June 15, 1978 the appeal was considered and the action indicated below was taken on your �� ( ) Request for variance due to lack of access to property ( )0 Request for a special exception under the Zoning Ordinance RECEIVED ( ) Request for a variance to the Zoning Ordinance P 1 2 N17 ( ) r W)NING BOARD OF APPEALS 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection ......... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8 :50 P.M. (D.S.T. ) Upon application of Margery D. Burns, Main Road, Southold, New York, for a special exception in accordance with. the Zoning Ordinance, Article TIT, Section 100-30 for permission to have residential homes in a business district. Location of property: Main Road, Southold, New York, bounded on the north by A. Bender; east by A. Bender; south by Main Road; and west by L. Edson. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE ;1 !( K ONING BOARD OF APPEALS FORM ZB4 I Ciiairurd of A pea 4 v After investigation and inspection, the Board finds that the Applicant requests permission tothave a second residential home on a B-1 business property. If the property were developed to its fullest potential businesswise, the density would be greatly increased. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the especial exception will not change the character of the neigh- borhood and will observe the spirit of the Ordinance. On motion by Mr. Gi;llispi.e, seconded by Mr. Bergen, it was RESOLVED that Margery D. Burns, Main Road, Southold, New York, be GRANTED permission to have a second residential home on a business zoned parcel. Location of property: Main Road, Southold, New York, bounded on the north by A. Bender; east by A. Bender; south by Main Road; and west by L. Edson, subject to the following condition: Approval of the Suffolk County Planning Commission Vote of the Board: Ayes: Messrs : Gillispie, Bergen, Grigonis, and Doyen. q 7 RECEIVED 7317 ZON ING BOARD OF APPEALS RECEIVED AND RLED BY THE SOUTH LD. CLUX DATE 7- 7'-7HOUR Q. ovr°rr� Town Clerk, Town of Southold TOWN OF 'SOUTHOLD, NEW YORK DATE U.uly....3..,.. 1978 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2430 Dated May 31, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Margery D. Burns Appellant Main Road Southold, New York 11971 at a meeting of the Zoning Board of Appeals on June 15 , 1978 the appeal was considered and the action indicated below was taken on your RECEIVED ?/( 7 ( ) Request for variance due to lack of access to property 7 ( ) Request for a special exception under the Zoning Ordinance (1 ( 2 7117 (X) Request for a variance to the Zoning Ordinance ( ) ZONING BOARD OF APPEALS 1. SPECIAL, EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8 :40 P.M. (D.S .T. ) Upon application of Margery D. Burns, Main Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk Schedule for permission to have residential homes in a business district. Location of property: Main Road, Southold, New York, bounded on the north by A. Bender; east by A. Bender; south by Main Road; and west by L. Edson. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE ARChairman oYET) ING BOARD OF APPEALS FORM ZB4 Boa of AApeVI -P 1 F Our ..� Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 $OUTHOLD. L.I.. N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPn&S VMS's Appeal No. 3446 Application Dated December 20, '19 5 (Public Hearing February 6, 1986 ) TO. Mrs . Margery D. Burns RECEIVED - [Appellant (s) 53245 Main Road Southold , NY 11971 KC 12 2017 ��((� ZONING BOARD OF APPEALS / At a Meeting of the Zoning Board of Appeals held on March 10,_1986 , the above appeal was considered, and the action indicated below was taken on your [ ] Request for. Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request, for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article VII , Section 100-.70 (C)[1 ] [ ] Request for Application of MARGERY D. BURNS for a Variance to the Zoning Ordi - nance , Article VII , Section 100-70 (C) [1 ] for permission to construct accessory inground swimmingpool upon premises known and referred to as 53245 Main Road , Southold , NY , presently zoned "B-1 " General Business ; identified on the Suffolk County Tax Maps as 'District 1000 , Section 61 , Block 01 , Lot 008. 1 . WHEREAS , a public hearing was held and concluded on February 6 , 1986 , in the Matter of the Application of MARGERY D. BURNS under Appeal No . 3446 ; and WHEREAS , the board has considered all testimony and documentation entered into the record concerning this application ; and it is noted that there has been no public opposition ; and WHEREAS, the board members have personally viewed and are familiar with the premises in question , its present zoning, and the surrounding area ; and WHEREAS, relief was granted by the Southold Town Board on Novem- ber 7 , 1985 pursuant to the provisions of Local Law No . 14-1985 in effect at the time of this application ; and WHEREAS, the board made the following findings of fact : 1 . The property in question is identified on the Suffolk County Tax Maps as District 1000 , Section 61 , Block 01 , Lot 008. 1 , consisting of a •total area of approximately one-half acre with 84. 68 ' frontage along the southerly property line along the north side of the Main Road , Southold . 2. The subject premises is improved with : (a) a single-family two-story frame dwelling and (b) a separate two-story garage structure with apartment , for which a variance was received on June 15 , 1978 under Appeal No . 2430 , and Building Permit No . 14242 was issued September 5 , 1985. 3. By this application , appellant requests a Variance to (CONTINUED ON PAGE TWO) DATED: March 14 , 1986 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Decision - Page 2 Appeal No . 3946 - MARGERY D. BURNS Decision Rendered March 10 , 1986 Article VII , Section 100-70 (C)[1 ] for permission to construct a 16 ' by 32 ' inground swimmingpool to be attached to the existing single-family ,( two-story frame structure with a five ' wrap-around deck , leaving a setback from the westerly side property line from the deck at nine feet and erecting a fence enclosure , around the deck and pool structure , along the westerly property line and as shown by the February 10 , 1986 sketch . 4 . The premises in question is located in the "B-1 " General Business Zoning District . In considering this application , the board has determined : (a ) the relief requested is unique ; (b) the relief requested is not substantial ; (c ) there will be no substantial adverse change to the character of this district since the premises are and have been used for residential purposes , and the swimming- pool is accessory and incidental thereto ; (d ) the public health , welfare , comfort, convenience , order and safety of the town will not be affected by upholding this application ; (e ) the spirit of the ordinance will best be served by allowing the variance , as conditionally noted below. Accordingly , on motion by Mr. Grigonis , seconded by Mr . Sawicki , it was RESOLVED, to GRANT the relief requested under Appeal No . 3346 for permission to construct inground swimmingpool with attached decks , and fence enclosure , accessory and incidental to the existing residential use of the premises and not to be operated for gain or business purposes, SUBJECT TO THE FOLLOWING CONDITIONS: 1 . The deck and pool structure be constructed no closer than 9 feet to the west property line as applied ; 2 . The deck and pool structure not be roofed (enclosed) at any time ; 3. There be no lighting that would be adverse to neighboring properties . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis and Doyen . (Members Doyen and Douglass were absent . ) This resolution was duly adopted . I GERARD P . GOEHRINGER, WAIRMAN March 14 , 1986 t:rI / q I RECEIVED ln� DCC 1 LU17 ZONING BOARD OF APPEALS Town Clcrk, To:-;71 c.x o.: r • INTERNAL USE UNC Y i. FOR SITE PLAN USE DETERC�IiINaT� i l UL i 1 D �U11 S — --_. Southolr'ov !'!acninn 5 _ Initial Determination - b ��'�1 Date: - - � /j Date-Sent: I` Ad—l—L � D ' Project Name:-A ) - Project Address: 5 3 ..45 Ma No-A'00 Zoning District: �' U - SuffOlk County Tax . p Tqupst,, � '. S _ , J (Note: Copy of 6uildir-g Permit App lication and supporting documentation"as to proposed use or uses should be submitted•) etermination as to whether use is permitted: 1 CO (S �� � d Initial D OL( rn - required S 1 rte- Gti 9� r�, a ' as to whether site Plan is q r D Signature of But ding In. ector NOV 2 2017 rtment (P.D.) ReferraE: � TOWN OF SOUTHOLD Date of Comment: i= -�=- PD. Date Received:_Ib_-1 C mments: \S1 �StaJ w. ff Reviewer (` Signature ofi '11111119' -71V-7 RECEIVED Final DeterminatJon D 17 1 2 2017 Date: � ZONING BOARD Decision: _ "f Riiilriino ingnnntnr wig Mie mtttyt;l�r�ah �,! a it nN ►e �gas III fit t31 oil,, fill ttii { i!!� �•' �� tilt I�ft ��t�6�l' �t 1E E It , , ZONING BOARD OF APPEALS i r r` - u' fU P 1� ti NO ! 1'i r is N O z z Gl O D O � D v _ t � v m D lrll 5 t . AL- 716 Z � o m s n m � v v m D N VAM P fiq ��kl*v G Z H z m o � m � m 0 0 � -o rn t � v N :-4 S 1 1 ILI �sA 03 N Z � , O v m r / � ` . \�� ������i . . � - : z� . . ::y�•�.v \ . ~ � ) \ 3 a � / � CERTIFICATE OF INCORPORATION 53245 MAIN ROAD CORP. �f. 1 Under Section 402 of the Business Corporation Law. The undersigned, for the purpose of forming a corporation pursuant to Section 402 of the Business Corporation Law of the State of New York, does hereby certify and set forth: ,i FIRST: The name of the corporation is 53245 MAIN ROAD CORP. SECOND: The purposes for which the corporation is formed are: To engage in any lawful act or activity for which corporations may be organized under the business corporation law, provided that the corporation is not formed to engage in any act or activity which requires the act or approval of any state official, department, board, agency or other body without such approval or consent first being obtained. Directly, or through ownership of stock in any corporation, to purchase, lease, rent, r exchange, or otherwise acquire real estate and property, either improved or unimproved, and any interest therein; to own, hold, control, maintain, manage and develop the same; to erect, construct, maintain, improve, rebuild, enlarge, alter, manage, operate and control all kinds of buildings, houses, hotels, apartments, motels, stores, offices, warehouses, mills, shops, factories and plants and all structures and erections of any description on any lands owned, held, rented, or leased by the corporation, or upon any other lands; to lease or sublet offices, stores, apartments and other space in such building or buildings, and to sell, rent, lease, sublet, mortgage, exchange, assign, transfer, convey, pledge, alienate or otherwise dispose of any such real estate and property, and all :interest therein. To acquire by purchase, lease or manufacture, or otherwise, any personal property deemed necessary or proper or useful in the equipment, furnishing, improvement, development or management of any property, real or personal, at any time owned, held or occupied by the corporation and to invest, trade and deal in any personal property deemed beneficial to the corporation, and to mortgage, pledge, sell, let or otherwise dispose of any personal property at any time owned or held by the corporation. RECEIVED`� DSC 12 1017 NTWg RD OF APPEALS - - - J To purchase or otherwise acquire, hold, exchange, pledge, hypothecate, sell, deal in and dispose of mortgages covering any kind of real and personal property, tax liens and transfers of tax liens on real estate. To make, enter into, perform and arrange for carrying out, contracts for r .. constructing, building, altering, improving, repairing, decorating, maintaining, furnishing Y � and fitting up buildings, tenements and structures of every description, and to advance money to and enter into agreements of all kinds with building contractors,property owners Y g and others, for said purpose. r To acquire by purchase, subscription, underwriting or otherwise, and to own, hold i for investment, or otherwise, and to use, sell, assign, transfer, mortgage, pledge, exchange or otherwise dispose of real and personal property of every sort and description and ,. wheresoever situated, including shares of stock, bonds, debentures, notes, scrip, securities, r evidences of indebtedness, contracts or obligations of any corporation or association, whether domestic or foreign, or of any firm or individual or of the United States or any .. state, tenitoiy or dependency of the United States or any foreign country, or any municipality or local authority within or without the United States, and also to issue in exchange therefor, stocks, bonds or other securities or evidences of indebtedness of this corporation and, while the owner or holder of any such property, to receive, collect and dispose of the interest, dividends and income on or from such property and to possess and exercise in respect thereto all of the rights, powers and privileges of ownership, including all voting powers thereon. k To construct, build, purchase, lease or otherwise acquire, equip, hold, own, improve, develop, manage, maintain, control, operate, lease, mortgage, create liens upon, sell, convey or otherwise dispose of and turn to account, any and all plants, machinery, works, implements and things or property,real and personal, of every kind and description, incidental to, connected with, or suitable, necessary or convenient for any of the purposes enumerated herein, including all or any part or parts of the properties, assets, business and goodwill of any persons, firms, associations or corporations. The powers, rights and privileges provided in this certificate are not to be deemed to be in limitation of similar, other or additional powers, rights and privileges granted or RECEDED r 12 '.017 "lar-CAI �: ; �:�.4' .; a.. .... ZONIN 4. l t k 9; permitted to a corporation by the Business Corporation Law, it being intended that this corporation shall have all rights, powers and privileges granted or permitted to a -:, corporation by such statute. ss' THIRD: The office of the corporation is to be located in the County of Nassau, Y` State of New York. FOURTH: The aggregate number of shares which the corporation shall have the authority to issue is Two Hundred(200), all of which shall be without par value. tFIFTH: The Secretary of State is designated as the agent of the corporation upon �y whom process against it may be served. The post office address to which the Secretary of State shall mail a copy of any process against the corporation served on him is: �T. 22 Wright Road ` Rockville Centre, New York 11570 G�. SIXTH: The personal liability of directors to the corporation or its shareholders for damages for any breach of duty in such capacity is hereby eliminated except that such personal liability shall not be eliminated if a judgment or other final adjudication adverse to such director establishes that his acts or omissions were in bad faith or involved intentional misconduct or a knowing violation of law or that he personally gained in fact a financial profit or other advantage to which he was not legally entitled or that his acts violated Section 719 of the Business Corporation Law. lt: IN WITNESS WHEREOF, this certificate has been subscribed to this 2nd day of May, h 2013 by the undersigned who affirms that the s tatements made herein are true under the f. penalties of perjury. J I U,c.vteLa � LAWRENCE A. KIRSCH 90 State Street Albany, New York 12207 >+ ZONIN G BOARO Of APp�p�S 4' ' yet:fi��• �"��1'l••' ` •• - - ` r;. "� - '--Iiac.4frF%' ,J. - 7.�.r_.__._-- '.� /a F} ... : . . ../TOWN:- _ OF SOUTHq PROPERT1(;� coREit®: ICi�RD _ tt�7;;- �:,�; •� '` J . OWNER STREET 5(3-2_L/5 VILLAGE DIST.I SUB. LOT � `i~off.. +J.�� �•1 -,; - �. t r �-/'o cc f Li' L� �/ - I AFORMER O NER N E ,(/[� jj ACR. �/ / /1 !AAtjfSf ^ �` @' ' �• , `/� ' �V• :�.:;�/\+'1� �• �O/P/!?c 0. .4ce to S W TYPE OF BUILDING RECEIVEQ ur Rol. ARES SEAS. VL. FARM COMM. CB. MISC. Mkt. Value Dry 12 2017 RR"11 J L)S H C'g --SND IMP. TOTAL DATE REMARKS ZONING BOARD OF APPEALS D 5� 3 0 0 �S° ° r te. o G a �1 rr 8. pp 2/ , A,-Qm•� RiYS �. !D' C'f11 t/ . .t e AIS —T 4✓I. NS / rO CO �/. ��NiPn's'-,T.*--: /n,.t/I O�J G�. t-4" $12.V Z C om me rt b a r n 'f'd d wd,11 f/C '�'S�0 a-ao 1000 (.SUS ova s .X3 .r. G 41 L"/ 6 h- / "�C 4 Ca 7G !! �— B I C N $ j 0 g �Z•Zg8' ( aes 8 tbq 0 lace. cm cx isfi vw , I'ciric 2 NEW NORMAL BELOW ABOVE ��pSWI>Z.70rQn 'n I'Ut+tY� Tool) — 30 .0 IL A; FARM Acre Value Per Value Acre ?le 1 J (� °t 7y 7— _ a '//3 nl T-Ulable 2 Tillable 3 / L Z 5 J�3��5 ((I`1 Q� l7✓�,l� Woodland I I 604 V Mt., 1014 Swampland FRONTAGE ON WATER /) ) Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD a Total DOCK t i �6 '`�f�' A�•),��e�r`t�c 7,H`T+`�r w `,hyr••, �..;��,,, MENEM No Ali As, ■■■■■■■dav— "Emm■■■■■ : .. lFpundation :• /� Basement Interior �in' lsh e Place � t� ` ' �j.• ilii Type Roof I 4f . : �� 1 � O�O�EEO���O ELIZABETH A. NEVILLE,MMC may. l/y Town Hall,53095 Main Road TOWN CLERK PO Box 1179 c�i = Southold,New York 11971 REGISTRAR OF VITAL STATISTICS %95 • .� Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �4j �►a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 14, 2017 RE: Zoning Appeal No. 7147 Transmitted herewith is Zoning Appeals No. 7147 for 53245 Main Road Corp.-The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Applicant/Tenant Transactional Disclosure Form, Owner/Representative Transactional Disclosure Form, LWRP Consistency Assessment Form,Notice of Disapproval, Board of Zoning Appeals Application Authorization, C of O's, Actions of ZBA, Site Plan Use Determination, Photos, Certificate of Incorporation, Property Record Card, Picture of Proposed Sign, Survey, and Floor Plans. * * * RECEIPT * * * Date: 12/14/17 Receipt#: 230043 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7147 $1,00000 Total Paid: $1,00000 Notes: Payment Type Amount Paid By CK#9137 $1,00000 53245, Main Road Corp Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: 53245, Main Road Corp 22 Wright Rd Rockville Centre, NY 11570 Clerk ID: SABRINA Internal ID-7147 j BOARD MEMBERS OF SO!/r Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora #t Office Location: Eric Dantes CA Town Annex/First Floor,Capital One Bank Gerard P.Goehringer G'nc� �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento 1ycou Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 5, 2018 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, APRIL 5, 2018. 9:45 A.M. - 53245 MAIN ROAD CORP #7147 — Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's November 22, 2017 Notice of Disapproval based on an application for a building permit to convert a pre-existing single family dwelling to a commercial retail store; at; 1) proposed conversion will provide for two separate uses (pre-existing accessory cottage and a proposed retail store) upon a single parcel measuring less than the minimum allowed 20,000 sq. ft. in area per permitted use; located at: 53245 Main Road, Southold, NY. SCTM#1000-61-1-8.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov Dated: March 15, 2018 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 #0002184710 S STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county,,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed.copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 03/29/2018 Principal Clerk Sworn to before me this da of2 r . Y r CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No 01V06105050 Qualified in Suffolk County My COMM16610A hpires February 28.2020 TYPESET Wed Mar 14 13.53 14 EDT 2018 sory garage;at; 1)located less than the code LEGAL NOTICE required minimum front yard setback of 40 SOUTHOLD TOWN ZONING BOARD feet;located at:860 East Road,(Adj.to Cut- OF APPEALS chogue Harbor) Cutchogue, NY THURSDAY,APRIL 5,2018 SCTM#1000-110-7-23. PUBLIC HEARINGS 1:00 P.M. - DOUGLAS AND DIANE NOTICE IS HEREBY GIVEN,pursuant to ROBALINO#7153—Request for.a Variance Section 267 of the Town Law and Town Code from Article XXIII,Section 280-124 and the Chapter 280(Zoning),Town of Southold,the Building Inspector's November 13,2017 No- following public hearings will be held by the lice of Disapproval based on an application SOUTHOLD TOWN ZONING BOARD OF for a building permit to construct additions APPEALS at the Town Hall, 53095 Main and alterations to an existing single family Road, PO Box 1179, Southold,New York dwelling; 1) located less than the code re- 11971-0959, e- 11971-0959, on THURSDAY, APRIL 5, quired minimum front yard setback of 40 feet; 2018. located at: 1695 Bay Avenue(Adj.to Marion 9:45 A.M. - 53245 MAIN ROAD CORP Lake)East Marion, NY SCTM#1000-31-9- #7147—Request for a Variance from Article 21 1 XXIII,Section 280-124 and the Building In- 1:15 P.M. — STEPHANIE L. TEICHER spector's November 22,2017 Notice of Dis- #7138—Request for Variances from Article approval based on an application for a XXII,Section 280-116 A(1);Article XXIII, building permit to convert a pre-existing sin- Section 280-124,and the Building Inspector's gle family dwelling to a commercial retail November 15,2017,amended November 20, store and to construct a freestanding sign;at; 2017 Notice of Disapproval based on an ap- t)proposed conversion will provide for two plication for a building permit to legalize"as- separate uses(pre-existing accessory cottage built"additions to an existing single family and a proposed retail store) upon a single dwelling; at; 1) located less than the code parcel measuring less than the minimum al- required 100 feet from the top of the bluff,2) lowed 20,000 sq.ft.in area per permitted use; less than the code required minimum rear yard located at:53245 Main Road,Southold,NY setback of 50 feet; located at: 6825 Nassau SCTM#1000-61-1-8.1 Point Road,(Adj.to Little Peconic Bay)Cut- 10:00 A.M.-IOANNIS HIRAKIS#7154— chogue,NY.SCTM#1000 I I1-15-8.2. Request for a Variance from Article XXIII, The Board of Appeals will hear all persons Section 280-124 and the Building Inspector's or their representatives,desiring to be heard at November 13,2017,Amended December 22, each hearing,and/or desiring to submit writ- 2017 Notice of Disapproval based on an ap, ten statements before the conclusion of each plication for a building permit to construct hearing. Each hearing will not start earlier additions and alterations to an existing single than designated above.Files are available for family dwelling;1)located less than the code review during regular business hours and required minimum rear yard setback of 35 prior to the day of the hearing. If you have feet;located at:2100 Cox Neck Road,Mat- questions,please contact our office at,(631) tituck,NY SCTM#1000-113-10-2. 765-1809, or by email- KimF@ 10:15 A.M. - ELSIE TIETJEN #7149 — southoldtownny.gov Request for a Variance from Article XXIII, Dated:March 15,2018 Section 280-124 and the Building Inspector's ZONING BOARD OF APPEALS December 4, 2017 Notice of Disapproval LESLIE K A N E S W E I S M A N, based on an application for a building permit CHAIRPERSON to construct additions and alterations to an BY Kim E.Fuentes existing single family dwelling; at; 1) less 54375 Main Road(Office Location) than the code required minimum rear yard 53095 Main Road(Mailing/USPS) setback of 50 feet; located at: 7625 Skunk P0.Box 1179 Lane, Cutchogue, NY SCTM#1000-104-4- Southold,NY 11971-0959 27.2. 2184710 10:30 A:M.-RICHARD J.FLOOD#7150 —Request for Variances from Article XXIII, Section 280-124,and the Building Inspector's December 27, 2017 Notice of Disapproval based on an application for a building permit to construct a single family dwelling; 1)lo- cated less than the code required minimum front yard setback of 40 feet;2)located less than the code required minimum rear yard setback of 50 feet;located at:605 Eastwood Drive,Cutchogue,NY SCTM#1000-110-3- 21 11:00 A.M.-TIMOTHY AND GEORGIA QUIIVN#7151—Request for a Variance from Article XXIII, Section 280-116 and the Building Inspector's December 5, 2017, Amended January 8,2018 Notice of Disap- proval based on an application for a building permit to construct additions and alterations to an existing single family dwelling;at; 1) located less than the code required 100 feet from the top of the bluff;located at. 63165 County Route 48, (Adj. to the Long Island Sound) Greenport, NY SCTM#1000-40-1- 14 11:15 A.M.-DAVID KILBRIDE#7152— Request for a Variance from Article XXIII Section 280-15 and the Building Inspectors December 26. 2017 Notice of Disapproval based on an application for a building permit to demolish and reconstruct an existing acces- TOWN OF SOUTHOLD 'L ZONING BOARD OF APPEALS ` 71 q 7 SOUTHOLD,NEW YORK 3ay114" �. QW- 11 AF AVIT OF In the Matter of the Application of POSTING J0�\t� �w6 MM 00A, CpV f) (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- 6 I COUNTY OF SUFFOLK) STATE OF NEW YORK) I, , �\W�e7�A� residing at S1 Pealco�c Zj{� tyeo\Qa6 ,New York, being duly sworn, depose and say that: On the a-1day of fy� A k2,6X , 2019, I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)-facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) day s to the date of the subject hearing date, which hearing date was shown to be }"001 (Signature) Sworn to before me this 7- 97-0bay of HatcC , 2018 LonrafneOme"o Notoy,pubUe,State of New York No.01OZ622M9 Qualified in Menu County Commission Expires Sept 07,20-S' (Notary Public) * near the entrance or driveway entrance of my property, as the area most visible to passerby. I TOWN OF SOUTHOLD ZONING BOARD OF APPEALS -71 ' SOUTHOLD,NEW YORK �3ayc M�i�re�. CW. AFFIDAVIT OF In the Matter of the Application of MAILINGS � 530LK m(+,(\ Z-a_ wrp (Name bf Applicants) SCTM Parcel # 10007 COUNTY OF SUFFOLK STATE OF NEW YORK / I, �✓� ���` kk� residing at 5� P�C�. Wwovl/__ic' New York, being duly sworn, deposes and says that: On the 6 day of m�� , 20 6/1-personally mailed at the United States Post Office in 50__ kol ,.New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached.Legal Notice.in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the (1/f Assessors, or( ) County Real .Property Office for every property which abuts and across a pu is or rivate street, or vehicular right-of-way of record, surrounding applicant's op (Signature) 7v Sworn to be ore me tftis d of ;2 OrROSEMARIE SANNA NOTARY PUBLIC-STATE OF NEW YORK 01 Registration No.01SA6142205 Qualified in NASSAU COUNTY (Notary Public) Commission Expires 03/13/2018 PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. PCERostal Service" rq M.1 Domestic Mail Only Domestic Mail OnlY co SOODUF C0 - Ir%- .FR SFW MEADPs t delivery information,visit our welosite at ,f ,� � F' 11 1 I A (L USE 1 11.1 Certified Mail Fee ru. 0471 `n $ Services&Fees 112 '111T(checkbox;add Is' vagWate) ��,$3.450 w 7� ! 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Article Addressed to: D. Is delivery address different from.item 1? ❑Yes ` If YES,enter delivery address below: ❑No i N 3. Service II I IIIIII I'll III I II I illi I ll I I I I III I I I II II I I III eRereals® Adult 0 Registered allTm 1:1 Adult Signature Delry ❑RegIMalle stered Mall Restricted 9590 9402 3554 7305 7910 65 p Certified Mall Restricted Delivery ❑Rete-R=pt for ❑Collect on Delivery Meraharidlse _._2.Art,,icle Number(.Transfer_from_service.iabe0 O Collect on Delivery Restricted Delivery ❑Signature Confirmation- lured Mail i 1 ! 1 ❑Signature Confirmation 7 015 06144,` 0 0 O.1 'S 4'27 816 4 8" " !. ! d`red$5 nail Restricied.Dellveryi ; + Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-8053 Domestic Return Receipt i Notice of public hearing and legal notice mailed to: 61-1-7.1 53155 Main Rd (Spa) Owner: David Cannizzaro 192-25 Underhill Ave Fresh Meadow NY 11365 61-1-9.1 53315 Main Rd (House) Owner: HC Nofo LLC 817 Broadway New York, NY 10003 61-3-7 53300 Main Rd(Bank) Owner: Fleet Bank of NY Nat'l Asc c/o Bank of America 101 N Tryon St Charlotte, NC 28255 61-3-8.4 53150 Main Rd(Church) Presbyterian Church P O. box 787 Southold NY 11971 • ■ Complete items 1,2,and 3. 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Article Addressed to: ry address.different from item 1? .❑Yes ze+ ��k a•F NY N�+L A s C �- SP �r delivery address below: Q No � �sPs � C./v cc- 0-f, c c, LAR 0 9 2018 IIIIIIIII Iilllllllllllll 1111111111111111111111 t re e°°��M�-a® ResMcted Delivery ❑Registered Mail Restricted 2 9590 9402 3554 7305 7910 89 °Certified Malle Delivery ( ❑Certified Mall Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise Delivery Restricted Delivery 13 Signature ConfinnatlonTM ' 7 015 0640 0001 5427 865 5 !�Mail E3 Signature ConfirtnaUon red Mail Restricted Delivery Restricted Delivery- I over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt •mpLi'�T"E THIS SECTION COMPLETE SECTION ON DELIVEnY ■ Complete items 1,2d 3. A. Signature ■ Print your name and address on the reverse ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, Received b (Printed Name) C. Date of Delivery or on the front if space permits. �� 1. Article Addressed to: D. Is deliveryaddress dffferent fro item 1? ❑Yes �d If YES,enter delivery address be ❑No Eby k(4►\ b-_,rc k fco) 979 � -7 ( Q7 lN II I III II IIII III I II I IIII I II I I I I III I Service Type � dl°� � s a�� WR �&eglster• ajlT:I I HE III 11 Adult Signature Restricted Delivery 'Mall Restricted` 9590 9402 3554 7305 7910 96 °Certified Ma]I® Ciel very i ❑Certifled Mail Restricted Delivery ❑Retum Receipt for ❑Collect on Delivery Merchandise fm--seivice.lab6 ❑Collect on Delivery Restricted DeHvM t7 Signature ConfirmatlonTM 7 015 0640 0 0 01 5427 8 6 6 2 V�I Mall oy ❑R stature Delivery i MI Mall Restilcted DeIN Restricted l�liv --i$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt i; r ONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website. hn:Hsouthtown.northfork.net March 5, 2018 Re : Town Code Chapter 55 -Public Notices for Thursday, April 5, 2018 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before March 19th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible: AND not later than March 26t : Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later March 28th : Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before April 3, 2018. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends 1tyTIr:. E ul"'fFHEHRIrIt�+I The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME : 53245 MAIN RD . CORP . # 7147 SCTM # : 1000 - 61 - 1 -8 . 1 .L �ARIANCE : EXCEEDS ALLOWED USES REQUEST: CONVERT PRE-EXISTING SINGLE FAMILY DWELLING TO A COMMERCIAL RETAIL STORE SATE : THURS . , APRIL 5 , 2018 9NE45AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 BOARD MEMBERS rjF SOS Southold Town Hall Leslie Kanes Weisman,Chairperson y>� ry0 53095 Main Road•P.O.Box 1179 SO Southold,NY 11971-0959 Patricia Acampora #t Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 54375 Main Road(at Youngs Avenue) Nicholas Planamento IyCOU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-90 4-- - - - MEMO LDLEEL I L32 011 TO: Planning Board _j_ Southold Town FROM: Leslie K. Weisman, ZBA Chairperson Planning Board DATE: December 13, 2017 SUBJECT: Request for Comments ZBA #7147 — 53245 Main Road Corp. 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#/ ZBA HEARING VARIANCE PLANS PREPARER t ZONE DATE DATE STAMPED 53245 MAIN 61-1-8.1 #7147 04/06/17 Bulk 12/12/17 Amanda ROAD CORP. HB Zone Schedule; Art Starks XXIII Sec 280- 127 Your comments are appreciated by one week prior to above hearing date. Thank you. Encls. t BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��oE so Southold 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes va ac Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 0 • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU0 Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 December 13, 2017 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #7147 Owner/Applicant: 53245 Main Road Corp. Action Requested: Convert pre-existing single family dwelling to commercial retail store and construct a freestanding sign. Within 500 feet of: (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By Encls. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �F $OUlyO53095 Main Road-P.O.Box 1179 �O !� Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CA Town Annex/First Floor,Capital One Bank Gerard P.GoehringerO • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento IyC�U Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 April 24, 2018 John Nicoletti 1040 N. Broadway Massapequa,NY 11758-2030 Re: ZBA Appeal No. 7147 53245 Main Road, Southold SCTM No. 1000-61-1-8.1 Dear Mr. Nicoletti; Transmitted for your records is a copy of the Board's April 19, 2018 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. Sincerely, Kim E. Fuentes Board Assistant Encl. cc: Building Department OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��r3f soyoP.O.Box 1179 54375 State Route 25 Q . Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY Telephone: 631765-1938 �n �r www.southoldtownny.gov COUNT1,N PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 10, 2018 JUL 11 2018 A-- -� Mr. John Nicoletti BY- ' ®7 1040 N. Broadway North Massapequa, NY 11758 Re: SEQR Re-classification & Determination Site Plan for Nicolettes for the Home 53245 Main Road, ±430' n/e/o Hortons Lane & Main Road, Southold SCTM#1000-61.-1-8.1 Zoning District: Hamlet Business (HB) Dear Mr. Nicoletti: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, July 9, 2018: WHEREAS, this Site Plan is for the proposed conversion of an existing 2 '/z story dwelling to retail (home showroom) with a 1,422 sq. ft. first floor for retail, a 1,258 sq. ft. second floor, with a 164 sq. ft. office and 1,094 sq. ft. for storage, a 1,292 sq. ft. basement and a 1,068 sq. ft. attic for accessory storage and a detached 432 sq. ft. cottage (pursuant to ZBA File 2430) with fourteen (14) parking stalls on 0.54 acres in the Hamlet Business Zoning District, Southold; and WHEREAS, on June 4, 2018, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that the proposed actionds-an`;Unlisted_Actionfas {'does not meet any of the thresholds of a Type I Action, nor does it meet any of the criteria on the Type II list of actions; and WHEREAS, the Planning Board has recognized that due to this site being located within a National Historic District, the action must be re-classified as a Type I action; and Nicolettes for the Home — July 10, 2018 - Page Two WHEREAS, the Planning Board performed a coordinated review of this action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); be it therefore RESOLVED, that the Southold Town Planning Board hereby re-classifies this action as a Type I action; and be it further RESOLVED, that the Southold Town Planning Board hereby declares Lead Agency status for the SEQRA review of this action; and be it further RESOLVED, that the Southold Town Planning Board, as Lead Agency pursuant to SEQRA, hereby makes a determination of non-significance for the proposed action and grants a Negative Declaration. Enclosed is a copy of the Negative Declaration for your records. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, c ��CJ ac Donald J. Wilcenski Chairman Encls. OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��0� S�Ury� P.O.Box 1179 54375 State Route 25 hQ l0 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY Telephone: 631 765-1938 C www.southoldtownny.gov G • �Q COUIdT`I,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significance July 9, 2018 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Nicolette's for the Home SCTM#: 1000-61-1-8.1 Location: 53245 Main Road, Southold SEQR Status: Type I (X) Unlisted ( ) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This Site Plan is for the proposed conversion of an existing 2 '/2 story dwelling to retail (home showroom) with a 1,422 sq. ft. first floor for retail, a 1,258 sq. ft. second floor, with a 164 sq. ft. office and 1,094 sq. ft. for storage, a 1,292 sq. ft. basement and a 1,068 sq. ft. attic for accessory storage and a detached 432 sq. ft. cottage (pursuant to ZBA File 2430) with fourteen(14)parking stalls on 0.54 acres in the Hamlet Business Zoning District, Southold. SEQRA Negative Declaration - Page 12 —July 9, 2018 Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed. The determination was based upon the following: Impact On Land The property is improved with a single family structure and one outbuilding (accessory cottage) located in the northwest of the property. The remaining of the property is landscaped or in turf. Mature hardwood trees occur throughout the property. The property does not contain slopes or physical land features that would limit buildability or would be impacted from it. The property is zoned Hamlet Business and is within the Hamlet Center of Southold. The purpose of the HB Zoning District is stated as: The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses,public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area. Hamlet Business zoned properties occur to the west, east and north of the parcel. To the south is a church zoned Residential 40 (R-40). The parcel is surrounded by a mix of residential and commercial uses. The proposed use does not conflict with the zoning district or the existing uses surrounding the parcel. The proposed action is expected to result in no to low impacts on land. Impact of Water 1. Water Supply: The parcel is located within Groundwater Management Zone IV which allots 600 GPD per acre. Based on the allotted flow and the .54 acres parcel would allow 324 GPD. The accessory cottage, retail, mixed uses will consume an estimated 203 GPD. The amount of irrigation proposed expressed as gallons per minute is currently unknown, however, due to the small size of the parcel, vegetation retained and increased parking area, water use for irrigation is expected to be low. Public water supply is currently supplied to the structures. Based on the estimate of 203 GPD water use, impacts to public water supply are expected to be low. SEQRA Negative Declaration - Page 13—July 9, 2018 2. Sanitary Disposal: The existing subsurface, sanitary system will be retained. The total calculated design flow of 203 GPD from the use does not exceed 600 GPD per acre and complies with Article VI of the Suffolk County Sanitary Code. The impacts from sanitary waste disposal are expected to be low. 3. Ground or Surface Water Quality or Quantity: The parcel is not located within close proximity to surface waters. Recognizing the significant impact that nitrogen has on our groundwater and surface waters; Suffolk County has developed and is implementing a plan to reduce the impacts of fertilizer on ground and surface water. The Suffolk County Legislature established a goal of reducing fertilization in residential areas by 10 to 25 percent, regardless of lot size and landscaped area, and passed Local Law 41-2007 in 2007 to reduce nitrogen pollution by reducing the use of fertilizer throughout the County (SCDHS). The Planning Board is requiring best management practices to minimize impacts from nutrients. The proposed action will comply with Chapter 236 Storm Water Management of the Southold Town Code. Potential impacts from storm water are expected to be low. 4. Flooding: The proposed improvements are located within an unmapped flood zone, therefore,the potential impacts from threat of flooding is low to none. Impact on Air No substantial adverse change in existing air quality is expected to occur. Impact on Plants and Animals The parcel is not located within a New York State Department of Environmental Conservation Critical Environmental Area or a New York State Department of State Significant Fish and Wildlife Habitat Area. The parcel is improved with a single family residence, one out-building and landscaped. Hardwood trees occur throughout the site, including the northwest corner of the parcel where parking is proposed. The Planning Board has recognized the low intensity use on the parcel and is expected to land bank parking to preserve the existing trees. The Town of Southold Local Waterfront Revitalization Program recommended incorporating existing trees in parking area design. No buffers are required or proposed. SEQRA Negative Declaration - Page 14—July 9, 2018 Due to site development, location and historic use, the presence of animals is low; therefore,the potential occurrence of rare or threatened plants or animals on site or within the vicinity of the site is also low. No significant removal or destruction of large quantities of vegetation will occur. Correspondingly, no substantial interference with the movement of any resident or migratory fish or wildlife species nor impacts on a significant habitat area will occur. Impact on Agricultural Land Resources The parcel is not currently in agricultural production and therefore, no adverse impacts to agricultural will occur. No impact to agricultural soils will occur. Impact on Aesthetic Resources The parcel is located north NYS Route 25, a New York State Scenic Byway and is directly visible from the roadway. Two street trees are located in front of the parcel in the NYS Route 25 right of way. The maximum lot coverage permitted is 40%. Expansion of the structures is not proposed and lot coverage will remain at 8.6%. The existing structures will be retained. Based on the above, no substantial adverse impacts to aesthetic resources are expected to occur. Impact on Historical and Archeolollical Resources The parcel is located within the National Register of Historic Places (Southold Historic District). The structures are not Society for the Preservation of Long Island Antiquities (SPLIA) listed. The architecture of the buildings will not be altered as a part of this proposal. Due to past site disturbance and commercial use, the proposed actions are not expected to impact important historical or archaeological resources. Impact on Open Space and Recreation There is no public open space or recreational opportunities on site. No significant impacts to public open space or recreational areas will occur as a result of this action. Impact on Critical Areas The proposed action is not located within a New York Department of Environmental Conservation Critical Environmental Area. SEQRA Negative Declaration - Page 15—July 9; 2018 Impact on Transportation The parcel is located north of NYS Route 25 in Southold, a listed New York State Scenic Byway. A total of 14 parking spaces are required however due to the expected low use of the site,parking spaces are expected to be land banked. A single, existing curb—cut will be used to access the parking area from NYS Route 25. A second stone earth driveway access in the northwest of the property currently provides cross access to the Town of Southold Town Hall property. No physical modifications to the two accesses are proposed at this time. The square footage of the buildings will not change;and the existing and proposed use are not large traffic generators,therefore, the traffic entering and leaving the site isnot expected to significantly increase as a result of adding 14 parking stalls (parking is expected to be land banked). A pedestrian sidewalk occurs on the north side of NYS Route 25. A walkway is shown on the site plan from the principal building leading to the sidewalk. Sidewalks also occur throughout the Hamlet Center and adequate pedestrian supporting infrastructure exists. The proposed use is not expected to generate significant vehicle trips over current conditions.No significant traffic volume (generation) or adverse impact to safety are expected to occur as a result of the action. Impact of Energy No major change in the use of either the quantity or type of energy will occur. Noise and Odor Impact No substantial change in noise or odor is expected to occur. Impact on Public Health No creation of a hazard to human health is expected to occur.No substantial increase in solid waste production, leaching or drainage problems is expected to occur if the proposed action is implemented as planned. Consistency with Community Plans The proposed action is not in significant material conflict with a community's current plans or goals as officially approved or adopted. The uses are permitted in the HB Zoning District. On April 19, 2018, the Zoning Board of Appeals granted an appeal to establish a new business on the property with the following three conditions. , 1. That the applicant shall obtain a Certificate of Appropriateness from the Landmark Preservation Commission for the proposed sign. SEQRA Negative Declaration - Page 16 —July 9, 2018 2. The applicant shall obtain site plan approval from the Town of Southold Planning Board. 3. To protect'the health and safety of the public, both tenant and owner of the premises shall bar the public from access and use of the "as-built" swimming pool. The proposal was recommended as consistent with the Town of Southold Local Waterfront Revitalization Program in a memorandum to the Planning Board on July 7, 2018. Consistency with Community Character The proposed action is not inconsistent with community character. Architectural scale and design of all structures on site will remain as they exist. Based upon the above, no to low adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Mark Terry, Assistant Director of Planning Address: Planning Board Telephone Number: (631) 765-1938 cc: Environmental Notice Bulletin(ENB) Suffolk County Water Authority Suffolk County Department of Health Services Southold Town Clerk for Town Board Southold Zoning Board of Appeal Southold Town Building Department Agency Use only [IfApplicablel Project: NicolettWs for the Home Date: July 9,2018 Full Environmental Assessment Form Part 3-Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. See Attached State Environmental Quality Review Negative Declaration Notice of Determination Non-Significance Determination of Significance -Type 1 and Unlisted Actions SEQR Status. ✓F Type 1 F Unlisted Identify portions of EAF completed for this Project: F✓ Part 1 ✓❑Part 2 ❑✓ Part 3 Upon review of the information recorded on this EAF,as noted,plus this additional support information Subiect File and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the Southold Planning Board as lead agency that: ✓❑ A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617.d). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: Nicolette's for the Home SCTM#1000-61-1-8 1 Name of Lead Agency: Southold Planning Board Name of Responsible Officer in Lead Agency: Donald Wilcenski Title of Responsible Officer: Chair _ na' Signature of Responsible Officer in Lead Agency: �^ ' `� Date: --I Signature of Preparer(if different from Responsible Officer) y�'(�/ Date: -7 �r For Further Information: Contact Person: Mark Terry,Assistant Town Planning Director Address: 54375 State Route 25,P.O.Box 1179,Southold,NY 11971 Telephone Number:631-765-1938 E-mail: Mark Terry@town southold ny us For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: http:'nvwA,.dee.nv.Qov%enb,,enb.hunl PRINT FULL FORM Page 2 of 2