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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).
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slie KanWeisman, Chairperson
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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
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\ 400 Ostrander Avenue,Riverhead,New York 11901
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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.)
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Southold, NY Telephone: 631 765-1938
www.southoldtownny.gov
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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�
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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
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DCC 1 LU17
ZONING BOARD OF APPEALS
Town Clcrk, To:-;71 c.x o.:
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INTERNAL USE UNC Y
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SITE PLAN USE DETERC�IiINaT�
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_ Initial Determination - b ��'�1
Date: -
- � /j Date-Sent:
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' Project Name:-A ) -
Project Address:
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Zoning District: �' U -
SuffOlk County Tax . p
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(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
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Initial D OL(
rn
- required
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a ' as to whether site Plan is q r
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Signature of But ding In. ector
NOV 2 2017
rtment (P.D.) ReferraE:
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TOWN OF SOUTHOLD
Date of Comment: i= -�=-
PD. Date Received:_Ib_-1
C mments: \S1
�StaJ w. ff Reviewer
(` Signature ofi '11111119'
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RECEIVED
Final DeterminatJon
D 17 1 2 2017
Date: �
ZONING BOARD
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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
- - -
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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
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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
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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.
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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
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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
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In the Matter of the Application of POSTING
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(Name of Applicants)
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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
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(Name bf Applicants)
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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
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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
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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
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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
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