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HomeMy WebLinkAbout42528-Z o�gOFFO�,�co TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE oy • SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 42528 Date: 4/4/2018 Permission is hereby granted to: SV Greenport LLC CO Eagle Pt Hotel Partners LLC 270 Lafayette St Ste 502 New York, NY 10014 To: erect a wall sign as applied for per ZBA approval. At premises located at: 58775 CR 48, Greenport SCTM # 473889 Sec/Block/Lot# 44.-2-20 Pursuant to application dated 3/27/2018 and approved by the Building Inspector. To expire on 10/4/2019. Fees: SIGN PERMIT $75.00 Total: $75.00 Building-inspector D H f '7,PV[E D VT U) MAR MAR 2 7 2018 JUN 2 8 2017 TOWN OF SOUTHOI.D B$U1 `^ OY.lr Ti�GDE' TOWN Cyd? SJlP OLD APPLICATION FOR SIGN PERMIT Date: June 26, 2017 Application# 11 SCTM# 1000-44-02-20 Zone District: RR Fee: $75.00 per Sign Type Of Sign(s): Ground [ ] Roof[ ] Wall [X] Other: Applicant: SV Greenport LLC Phone# 646-912-9589 Business Name: The Halyard Sign Property Location: 58775 Route 48, Greenport,NY Property Owner: SV Greenport LLC The following items are required along with the completed application. (1) Survey or accurate plot plan showing location of existing and proposed sign(s), building width facing streets. (2) Colored drawings with sizes and types of material of proposed sign(s), or photos of existing signs. Signs cannot be installed until the applicant receives a sign permit application approved and signed by the Building Inspector. After the sign(s) have been installed,the applicant shall request an inspection by the Building Inspector. If the sign(s) are in compliance, a sign permit will be issued and mailed to: SV Greenport LLC 270 Lafayette Street, Suite 502 New York,NY 10012 STATE OF NEW YORK) COUNTY OF { )Applicant { )Agent for applicant, hereby agree to abide by the conditions and requirements of Article XX SIGNS of the Zoning Code of the Town of Southold and other applicable laws, rules and regulations pertaining to such signs. i Sworn to before me this day of a0YI , 20 1-7 MTHLEEN A.LAROSA Notary Public,State of New York No.01 LA6357522 Qualffied in Suffolk County Notary Public Commission Expires April 24,2021 - -- - ---- - - ------ - - - - ---- --------- --- - ------- - - - ----------- - ---- - - - Examined : 20 74' VOC- Approved: z41k20 isapprove a/c: BE di Ins e c t FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: July 10, 2017 TO: SV Greenport LLC (Soundview) 270 Lafayette Street, Suite 502 New York,NY 10012 ; Please take notice that your application dated June 28, 2017: For permit to install a wall sign at Location of property: 58775 Route 48, Greenport,NY County Tax Map No. 1000— Section 44 Block 2 Lot 20 Is returned herewith and disapproved on the following grounds: The proposed wall sign is not permitted pursuant to Article XIX, Section 280-85, J(4),which states; "A business may have a roof sign or a wall sign, but it may not have both a roof sign and a wall sign_" Building Permit#41795, written on July 7, 2017, has been issued for a new roof sign on the existing restaurant. Note:Existing freestanding sign to be removed ---------------Lir ------ Auth CC: File, ZBA FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: July 10, 2017 RENEWAL: October 3, 2017 TO: SV Greenport LLC (Soundview) 270 Lafayette Street, Suite 502 New York,NY 10012 Please take notice that your application dated June 28, 2017: For permit to install a wall sign at Location of property: 58775 Route 48, Greenport,NY County Tax Map No. 1000—Section 44 Block 2 Lot 20 Is returned herewith and disapproved on the following grounds: The proposed wall sign is not permitted pursuant to Article XIX, Section 280-85, J(4), which states; "A business may have a roof sign or a wall sign, but it may not have both a roof sign and a wall si ng_." Building Permit#41795, written on July 7, 2017, has been issued for a new roof sign on the existing restaurant. Note:Existing freestanding sign to be removed Authorize ignature CC: File, ZBA 4 ` Leslie Kanes Weisman,Chairperson BOARD MEMBERS Southold Town Hall \\ZF S0 53095 Main Road-P.O.Box 1179 � Q Southold,NY 11971-0959 Patricia Acamporais Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento I�COU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS MAR 2 2 2018 TOWN OF SOUTHOLD Tel.(631) 765-1809-Fax(631)765-9064 RECEIVED B -DVV1 ;JBIDINGS,DELIBERATIONS AND DETERMINATION �¢ g:jY a*I TOWls OF SOUT MEETING OF MARCH 15,2018 AR 2 1 2018 e4�� 0, ma ZBA FILE: #7137 So hold Town Clerk NAME OF APPLICANT: $V Greenport LLC (Soundview) PROPERTY LOCATION: 58775 Route 48, Greenport NY SCTM: 1000-44-2-20 SEQRA 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 November 28, 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. PROPERTY FACTS/DESCRIPTION: The subject, non-conforming .3679 acre, waterfront parcel, located in the Resort Residential District and measures 197.93 feet along County Route 48 also known as North Road with a western lot line of 108.59 feet along lands owned by Suffolk County,then running east along and through the Long Island Sound 193.80 feet before turning northeast and continuing an additional 11.88 feet to the eastern lot line of 59.62 feet shared with lands owned by Suffolk County. The subject parcel is developed with a 9,574 square feet, single story wood-frame restaurant with catwalk and decking cantilevered over a concrete seawall with parking, including four handicap spaces, along the roadside as shown on the survey dated September 21, 2015 and revised December 1, 2015 and prepared by John T.Metzger,Peconic Surveyors. BASIS OF APPLICATION: Request for a Variance from Article XIX, Section 280-85 J (4) and the Building Inspector's October 3, 2017, Notice of Disapproval based on an application for a building permit to install a wall sign; at; 1) more than the code required maximum number of wall signs allowed on subject premises; located at: 58775 County Route 48, (Adj.to Long Island Sound)Greenport,NY. SCTM#1000 44-2-20. RELIEF REQUESTED: The applicant requests a variance to install a painted graphic sign, measuring approximately 156 inches by 70 inches and prominently featuring a fish, on the southern, street, fagade of the restaurant structure in addition to maintaining the existing recently installed roof sign, where the Code states "A business may have a roof sign or a wall sign,but it may not have both a roof sign and a wall sign". Page 2, March 15, 2018 #7137, SV Greenport LLC SCTM No. 1000-44-2-20 ADDITIONAL INFORMATION: The applicant owns the adjacent hotel complex which the subject property, and restaurant lot, services; and is associated with encompassing lots to the west and east of the County of Suffolk lands along the Long Island Sound, and the lot immediately opposite the subject property on the southside of County Road 48. These individual lots each have signage associated with the business complex. Furthermore,the applicant is removing the freestanding street sign immediately in front of the restaurant building, per the notice of disapproval dated October 3, 2017 and previously installed a permitted roof sign. No illumination or lighting is proposed for the painted graphic sign and no member of the public or immediate neighbors spoke for or against this application at the public hearing. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 1,2018 at which time written and oral evidence were presented. Based upon 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 Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. While the surrounding area is primarily residential in nature with no signage, along the Long Island Sound there are immediate and adjacent neighbors who enjoy the benefit of the Resort Residential Zoning District and maintain signage for their properties. County Road 48 is a major east- west thoroughfare intensively used by residents, commuters and tourists. The addition of a painted graphic sign on the applicant's restaurant structure will help to notice consumers of the existence of the restaurant and will not be a hinderance to the residential neighbors or those using County Road 48 as its `painted', much like a mural, on the fagade and is not potentially a hazard, such as a road, hinged or hung sign could be in the event of high wind or storm. 2. Town Law $267-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. While the proposed sign is more like a mural or artwork than a traditional sign, as a result of the message content a sign permit is required. 3. Town Law &267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code.However,the sign is `painted' onto the fagade and is basically flat featuring a large fish, along with the restaurant name and appears to be an artistic mural. It also clearly identifies the restaurant use while the roof sign identifies the hotel use on the subject property. 4. Town Law U67-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. The hotel and restaurant have existed on the property for many years and recently changed ownership and both have been substantially renovated and updated. The proposed graphic sign advertises the newly renovated restaurant,the Halyard, while the roof sign maintains the old name and identity of the hotel, the Soundview. Moreover, the applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased 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. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and to enable the applicant to enjoy the benefit of a painted graphic wall sign while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. r� Page 3, March 15, 2018 #7137, SV Greenport LLC SCTM No. 1000-44-2-20 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 Planamento, seconded by Member Dantes, and duly carried,to GRANT the variance as applied for, and shown on the survey dated September 21,2015, and revised December 1, 2015 and prepared by John T. Metzger, Peconic Surveyors; and the site plan prepared by Jean Lambertus, Gentablue Design, and dated October 9,2017. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) 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. This Resolution was duly adopted(5-0). r AKaneseisman, Ch/airperson Approved for filing '3/( /2018 I - SURVEY OF PROPERTY e AT ARSHAMOMOO UE TOWN OF SOUTHOLD 1 TAX LOT 23 ; SUFFOLK COUNTY, N.Y. 1000-44-02-20, 21, 22 & 23 ^� 1000-44-04-51 D _ 5 SCALE 1=40' '(�� S�U lv — S''�'� m /% N SEPTEMBER 21, 2015 - T,A,N0 �' e s/-' ,," o OCTOBER 6, 2015 (REVISIONS) �� NG IS �� _1__"i �,�,.�' �,� o � DECEMBER 1, 2015 (REVISIONS) '(,0 , ' C - / a� NEW INN OuIIDI�2 s m N COUNTY OF SUFFOLK COUNTY OF SUFFOLK ZONE VET -// tis'-��� -"�'�� ; 50U1DRr ORR��+95'7�cQow TAX LOT 19 TAX LOT 21 '=-_�, EL 1 DISTRICT RR _-� TAX LOT 16 '^•�-" TAX LOT 20 AX LOT 22 NING x' ,m` �, ,•"''"� J� zo 743'pJ' crwcrz._n, -5S b / a y B61� 1940°'_ `�=_;_; ry --_ .a•,•,.s,._.._,_ ,�_ �. •,.,, 5• 3 ____-- r.w' _ (ASTO L �a°A,°m � � � N,x'�y w �..Cu wS:a,w.,rr,j m, 1r SDUNONEW/NN Z�� '* r •+ss1JE„�y�� N�.43.pp'E N65'10_2p_E.-- 10974' N54'15 _ - -... •g`"�`°•� -. 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L� = F/RSr AMER/CAN TITLE INSURANCE COMPANY ZBA File# = GAS LINE 21_w ><y s SV GREENPORT LLC Date• r ------cwr---- = COASTAL EROSION LINE r 553V6• x N/-7LANOS/ i = WOODEN FENCE i 1 v" >-�-� - SHEM CREEK GREENPORT LLC = CHA/NLINK FENCE 1 x `" 1 CEHL -COASTAL EROSION HAZARD AREA MAP PHOTO 53-597-63 -- = WATER MAIN —i--I—= UNDERGROUND ELECTRIC LINESIy,Ln-ANDS I =EDGE OF CLEARING FRESHWATER WETLAND BOUNDARIES li AREA BY TAX LOT AS DELINEATED SCIENCE RESEARCH ASSOCIATES BY INTER-SCIENCE RESEARCH ASSOCIATES INC ON AUGUST 16, 20151ELEVAi F7 ODD ZONONSES AND CONTOUR LINES ARE REFERENCED TO NAVD 1000-44-02-20-03679 ACRES to TIE UNE FLOOD ZONES FROM FIRM 36103C0157H Y x 21-00572 ACRES to TIE LINE ' / 22-16272 ACRES to TIE LINE -''/y N YS LIC NO 4961 ANY AL7ERA77ON OR ADDITION TO THIS SURVEY IS A WOLA77ON 23-L7167 ACRES to TIE LME ECONlC SYOBS P C OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW , %' I s EXCEPT AS PER SECTION 7209-SUBDIWSION 2 ALL CERTIFICATIONS - + 1000-44-04-51 -103% ACRES to TIE LME (631) 765-5020 FAX(631) 765-1797 HEREON ARE VALID FOR THIS MAP AND COP/ES THEREOF ONLY/F P O BOX 909 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR s a AREA=14.128 TOTAL ACRES TRAVELER STREET 15-199 WHOSE SIGNATURE APPEARS HEREON 1230 1230souTT A NY 11971 V 4 D [Ff:,[FnV[R D Sound View Lobby&Halyard Restaurant Building MAR 272018 REFER TO DRAWING 2 FOR LARGER ELEVATION OF PAINTED GRAPHIC TOWN OF soumoLD SOUND VIEW _ .0 Sound View-Building R-South Elevation Halyard Restaurant Graphic SCALE. NOT TO SCALE --- LONG ISLAND SOUND _ - .a�`� t -,Jo - ... -rig t , Site Plan:Sound View SCALE NOT TO SCALE - aa'•pnpapAtt QO jeanFlambertus gentablue design Sound View Inn EagLtP91n0 Hola Partners SWI. eLc Ar�h-tur..CPC Sound V! - Hotel Main ID The Halyard Restaurant&Bar March 26!2018 laWlep 91d.6a9 3671 leanlambertuspgmaitpm I new york cpmprehe-siva Hotal 6 pasbumnt Sign Pragnm SIO Lafayette 6heet,Suite 502 19y PlymouU Sl 31 West Main Sveei.Suite 205 N— rwk.NY 10011 1-1 ,Ny I— Parch—NY 11772Design Document For Fabrication Painted Graphic-Building R 58855 Counhy iw:486rcenpM.Nee YorF 1964 666912-9589 666248.1649 6315802/00 r e The Halyard Restaurant-Painted Graphic REFER TO DRAWING 3 FOR DIMENSIONS OF PAINTED GRAPHIC T -1 NE HqC ,. l .1Iwll)tw =�5 "W 111 LPEN 1�•t �'\ ATE toe"" RI -- 1_ oiaNwxcTO NK ceouNe S V --- Elevation:The Halyard Restaurant-Painted Graphic SCALE: 1;2'.1• 0- 11 jean lambertus gentablue design Sound View Inn EesletPamaNma P.nmrs stuamb*,<k OLD-hit 1.oPc Sound View-Hotel Main ID The Halyard Restaurant&Bar March e26152018 2wm6 91.669 Ib]]I eanlambetfus0 mail[am new ork 2]o lifayette s—L Site 50: 19]P11-1 81 31 West Win SV-.seise 2C5 i 9 v cwnP..neneme Haab neo. 'Sur r,-- New ren Nr 10012 a�ooxly,NY 11201 P—­Nr 11772 I Design Document For Fabrication Painted Graphic-Building R 88 555 Country 901E 68,Greenport.New roM 11924 666-912-9589 666.248.2669 631.580.2100 The Halyard Restaurant-Painted Graphic u•-tr orfs-t � NE HAL AR D � ; .,. OPEN F �\ .� \".� �.. 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