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HomeMy WebLinkAbout5084 ¢,�,e2 �� .�e q� �� s/alo z 6�� �lv� i c�3/D,� APPEALS BOARD MEMBERS 0- IQ h•Z. r y Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Lydia A.Tortora 4 P.O.Box 1179 George Horning �,f, • �`� Southold,New York 11971-0959 Ruth D. Oliva '11p1 �a0 ZBA Fax(631)765-9064 Vincent Orlando Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 14, 2002 Appl. No. 5084- 640 CHURCH ST LLC Property Location: 640 Church La., Cutchogue; Parcel 96.-1-11.1. 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property is located on a private right-of- way which extends off the northwest side of Middle Road (a/k/a C.R. 48 or North Road) in Cutchogue. The property contains 27,748.41 sq. ft. of land area and is improved with an unoccupied 440+- sq. ft. building. BASIS OF APPEAL: The Appellants, 640 Church Street. LLC, applied to the Building Department on December 7, 2001 for a permit to construct a 4,900 square foot industrial building on property located at 640 Church Lane in Cutchogue. On January 10, 2002, the r; building inspector issued a Notice of Disapproval denying a permit for the proposed construction on the 27,748 square-foot property, located in the LI (Light Industrial) District on the following grounds: 1. The proposed construction notes a setback of 40 feet from the right-of-way in violation of Article XIV, Section 100-143.A which states: "Structures shall be set back at least 100 feet from the right-of-way." 2. The proposed industrial building is noted as having 100 linear feet of frontage on the right-of-way in violation of Article XIV, Section 100-143.C. which states "...no single structure shall have more that 60 linear feet of frontage on one street." 3. The proposed industrial building would have a rear yard setback of 50 feet, instead of the code-required 70-foot minimum, pursuant to Article, XIV, Section 100-142. RELIEF REQUESTED: 1. Appellant initially requested three variances based upon plans submitted January 30, 2002 to construct a 100 foot long by 49 feet wide (4,900 square feet) industrial building, all as shown on the "Preliminary Site Plan and survey prepared by Joseph A. Ingegno, Land surveyor, dated November 18,1998, amended February 20, 2001 and October 15, 2001. The three Page 2—November 14, 2002 Appl. No. 5084—640 Church St. LLC Southold Town Board of Appeals variances were to construct a building with: (a) 100 linear feet of frontage instead of the 60- foot maximum; ( b) 40 foot setback from the right-of-way instead of the 100 foot minimum and, (c) 50 foot rear yard setback instead of the 70 foot minimum. 2. During the hearings, it was learned that applicant's property did not have approved access to a public street. On May 28, 2002, the applicant submitted a request to amend the application to include a 280-A variance regarding access. On August 23, 2002, the Building Inspector issued an amended Notice of Disapproval to include a disapproval based upon lack of access of the property to'a public street pursuant to Town Law 280-a. The board has not deliberated on this matter and will render a separate decision to address this variance. 3. During the hearings, the applicant requested the board to give an interpretation of various sections of the code, which he maintained would eliminate the need for the variances. The ,board chairman advised the applicant during several hearings that such request would have to be made formally, and at the August 22, 2002 hearing, applicant's contract vendee said he would not pursue an application for an interpretation. FINDINGS OF FACT The Zoning Board of Appeals held a public hearings on this application on April 18, May 2, June 6, August 22 and October 3, 2002 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: 1. Appellant Thomas McCarthy of McCarthy Management Inc. is one of the principles of 640 Church Street LCC, which purchased the Light Industrial zoned property for $21,000 on November 28, 2000. 640 Church Street LCC has contracted to sell the property to Gene Chituck, Chituk Pools of Cutchogue to operate his pool warehouse/construction business. 2. PROPERTY DESCRIPTION/NEIGHBORHOOD The property is a nonconforming 27,748 square-foot lot, located in the Light Industrial (LI) district which requires a minimum lot size of 40,000 square feet. The lot is 140 feet deep with 200 feet of frontage on the west side of a dirt right-of-way known as Church Lane. The property is located within a small 5.7-acre community comprised of non-industrial uses, including nine single-family residences, and the First Baptist Church of Cutchogue. The 5.7- acre area is bounded on the north, east and west by lands owned and operated by the Town of Southold for its municipal landfill, solid waste and composting operations. There are a total of seven nonconforming lots, including the applicant's, on the approximately 370-foot long Church Lane right-of-way. Three of the lots contain residential homes, which have existed at Page 3—November 14, 2002 Appl. No. 5084—640 Church St. LLC Southold Town Board of Appeals this site since the 1920's. The First Baptist Church is located on the east side of Church Lane, approximately 150 feet from the applicant's property, and has frontage on Route 48. The residential community continues on properties adjoining applicant's property to the west on Tuthill Lane. 3. ACCESS TO CHURCH LANE Access to Church Lane is via the four lane County Route 48. For vehicles traveling west, access to Church Lane is directly off Rt. 48. However, for vehicles to enter Church Lane from the west, there is no direct access. There is a the two-way turn lane on Rt. 48 that provides access and egress into the heavily trafficked landfill, approximately 230 feet from Church Lane. But in order for vehicles to enter Church Lane from the west, they would have to enter the turn lane, and then make a U-turn into oncoming traffic. Both oral and written evidence was submitted that the Southold landfill entrance near Church Lane has been identified by the Southold Town Transportation Committee, the Southold Town Police Chief, and other town agencies, as a "hot spot" because of numerous accidents there. The town has proposed to close the landfill access road on Rt. 48 and redirect landfill traffic to Cox Lane, where a traffic light is proposed. 4. COMMUNITY CONCERNS: During the course of the hearings, residences, who live opposite the proposed pool warehouse, the minister of the First Baptist Church, as well as others in the community raised concerns about the potential impacts of added traffic, noise, public safety, loss of character of the neighborhood, privacy and quality of life that a large warehouse would have on this small community. Reverend Cornelius Fulford testified that the Church elders do not wish to sell the church, which in addition to Sunday services, conducts funereal services and provides other community activities during the week. He and other neighbors noted that there have been serious accidents "right at the door of the church" resulting from the landfill access, and said that potentially heavy truck traffic from the proposed project onto the otherwise residential Church Lane would place an additional risk to the congregation as well as to children who live and play in the area. 5. NONCONFORMING RESIDENTIAL COMMUNITY: The residents who live on Church Lane testified that they were unaware that their property had been rezoned from residential to Light Industrial in 1989. They stated that their families and grandchildren, who live with them, and walk along Church Lane to the school bus stop, would be adversely impacted by the truck traffic, noise, dust and other disturbances associated with a large warehouse operation. The 5.7 acre residential community which includes Church Lane community was included in a August 26, 2002 draft study entitled 'Cutchogue Industrial Area Planning Study', prepared by Page 4—November 14, 2002 Appl. No. 5084—640 Church St. LLC Southold Town Board of Appeals Nelson, Pope & Voorhis, LLC., for the Southold Town Board, and made part of this record. Among other things, the study indicated that the town's rezoning of the residential properties anticipated that the uses would be phased out and converted to industrial uses. However, the study notes that 14 years later, the properties have not been developed for industrial uses, and the nonconforming residential homes remain the predominate land use in the area. 6. MULTIPLE VARIANCES REQUESTED: Because of community concerns, and because of the multiple variances requested and the substantial degree of each, board members requested the applicant and contract vendee to justify and document the need for the proposed large size of the warehouse building. From the first hearing in April, and at each subsequent hearing, information was requested to document the need for the actual square footage. Mr. Chituk initially testified that he installs in-ground swimming pools and that he wanted to be able to store two or three pool kits at a time, filters, pool covers, a limited supply of chlorine and chemicals and other supplies needed for his business. He each said each pool kit takes up a 20 foot box truck and would be fork lifted on and off the trucks. Mr. McCarthy testified that Mr. Chituck owns a dump truck and a trailer with which he transports his backhoe from site to site, and uses pickup trucks as service vehicles, which would leave in the morning, may stop back at the site during the day to pick up supplies, and would return in the evening. He said that the proposed pool business would not be open for business on Sunday and that Mr. Chituk realizes that that there are children in the area and would make it a policy of his company to travel slowly on the right-of-way. He later stated that the business would involve five trucks. Board members pointed out that the vague description provided did not substantiate the need for the proposed 4,900 square foot building to justify the variances requested. At the August 22, 2002 hearing, board members requested the applicant to provide the board with written documentation to substantiate the need for the proposed size of the building. In response, Mr. McCarthy again asked the board to provide an interpretation of certain code provisions. The board chairman advised Mr. McCarthy that he would have to file a separate application for an interpretation of the code. The board chairman asked the applicant to reduce the size of the building and move it closer to the north property line, and to provide a landscaping plan. At the close of the August 22nd hearing, Mr. Chituk said he would reduce the size of the building and did not want to pursue a separate application for an interpretation of the code. 7. REVISED PLAN: Subsequently, on September 27, 2002 applicant submitted a revised plan that includes a floor plan, showing an office, toilet, tool storage room, shop, staging area, pool kit storage room, I ' Page 5—November 14, 2002 Appl. No. 5084—640 Church St. LLC Southold Town Board of Appeals pool chemical storage room, and shelving for storage. No written breakdown of the space was provided. The revised plan indicates a proposed one story industrial building 50 foot wide by 80 deep (4,000 square feet), with a 2,261 square foot asphalt pavement area adjacent to the building, and a very large crushed concrete service area that would occupy most of the remaining southwest part of the property. Although the revised plan shows the proposed building as conforming to the code's 60-foot maximum width, the building is now setback closer to the right-of-way 34 feet, instead of the code required 100 foot setback, and closer to the rear yard property line, 20 feet instead of the code's 70 foot minimum. The revised plan would require three variances including 280 a access. Mr. McCarthy testified that proposed 4,000 square foot building is "what Mr. Chituk's needs are" and could not reduce the size further. CONCLUSIONS REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings in accordance with the review standards set forth in Town Law 267b: 1. Grant of the area variances will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Applicant's proposed 4,000 square foot is 34 feet from the right-of-way, an insufficient setback to protect residents living opposite Church Lane from being adversely impacted by the pool construction warehouse business. The code requirement is 100 feet. The revised plan also places the building 20 feet from the rear yard property line and does not afford sufficient setback from the two residential homes that adjoin applicant's property. While the applicant proposes a 4,000 square foot warehouse, the average home in the predominately residential neighborhood is less than 1,500 square feet. Indeed, the size and use of the warehouse would produce an undesirable change in the character of the neighborhood. Furthermore; the area consists primarily of single-family dwellings. The variances requested to create a large warehouse operation would be a detriment to nearby properties. 2. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than the requested area variances. The applicant's property is substandard in size, consisting of 27,748 square feet instead of the 40,000 square foot minimum required for the LI district. The depth of the property is only 140 feet. In order to comply with the code's 100 foot setback from the right-of-way, and the code's 70-foot rear yard setback, the applicant would need to have a minimum lot depth of 200 feet to construct a building with a depth of 30 feet. Page 6—November 14, 2002 Appl. No. 5084—640 Church St. LLC Southold Town Board of Appeals The board does not dispute the applicant's contention that no building could be constructed on the lot without a variance. But the applicant could construct a smaller building that would substantially reduce the degree of variances, which in tum, would minimize the impacts and detriment to the community. As example, that the applicants and could construct a 60 foot wide by 40 deep building (2400 sq. ft) with a 60 foot setback from the right-of-way (40% code reduction) instead of proposed 34 foot setback (66%), and a rear yard setback of 40 feet(57% reduction) instead of the proposed 20 feet (80% reduction). The applicant was given an opportunity to remedy the lack of documentation to justify the alleged need for the large size building. Instead, the applicant submitted a floor plan merely indicating rooms within the proposed footprint of the building without articulating or justifying the need for the actual square foot requested. 3. The variances requested are substantial and represent a 66% reduction (34 ft) in the code- required 100-foot setback from the right-of-way, and an 80% reduction (20 ft.) in the code- required 70-foot rear yard setback. 4. The alleged difficulty has been self-created. The applicant knew the lot was nonconforming and substandard when purchased, as reflected in the low purchase price, and subject to conspicuous zoning restrictions. 5. The proposed variances will have an adverse impact on physical or environmental conditions in the neighborhood and district . The applicant concedes the use of at least five trucks, which will be entering and exiting the 370-foot long Church Lane right-of-way on a daily basis. This increase in volume and use of the unimproved road due solely to applicant's structure would present a safety hazard to the residents, children, and to the First Baptist Church, which provides many community activities weekdays and the Saturdays. Indeed, the landfill access and egress turn lane on Rt. 48, is slated for closure because it is a dangerous spot. Applicant's proposed trucks traveling from the west, would have to make a U-tum on Rt. 48 into ongoing traffic at the same dangerous turn-lane to access Church Lane. 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 Oliva, seconded by Member Homing, and duly carried, to DENY the application, as applied for. Vote of the Board: Ayes: Members Tortora, Horning, Oliva, and Orlando. (Chairman Goehringer voted against for the reason that grant of alternative relief was available for ^ . . Page 7—November 14. 3 AppNo. 5O84-84OChurch St. LLC Southold Town Board of Appeals coOsider8tiOD, but his offer to nO d (4- 1\ NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, AUGUST 22, 2002 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, AUGUST 22, 2002, at the time noted below (or as soon thereafter as may be possible): 8:20 pm Appl. No. 5084 - ,640 CHURCH ST LLC. This is a request for Variances under Section 100-235A.1, 100-143A and 100-142, and New York Town Law Section 280-a, based on the Building Department's January 10, 2002 Notice of Disapproval, concerning a new building located in the Light-Industrial Zone District: (1) with a building frontage (width) greater than 60 ft. long, (2) at less than 70 feet from the rear lot line, and (3) for a determination of minimum specifications for safe access by fire and emergency vehicles to this lot without frontage on a town street. Location of Property: 640 Church Lane, Cutchogue; Parcel 96.-1-11.1. The Board of Appeals will hear all persons, or their representative, desiring to be heard at the hearing, or desiring to submit written statements before the conclusion of this hearing. This hearing will not start earlier than designated. Files are available for review at the Town Hall (between 8 and 3 p.m.) If you have questions, please do not hesitate to call (631) 765-1809. Dated July 23, 2002. SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 .o FORM NO. 3 NOTICE OF DISAPPROVAL TO: 640 Church Street LLC DATE: January 10, 2002 46520 Route 48 Southold, NY 11971 Please take notice that your application dated December 7, 2001 For permit for construction of an industrial building at Location of property: 640 Church Lane, Cutchog_ue County Tax Map No. 1000 - Section 96 Block 1 Lot 11.1 Is returned herewith and disapproved on the following grounds: The proposed construction on property, 27,748 square feet in the LI District, is not permitted pursuant to Article XIV, Section 100-143.A. which states; "Structures shall be set back at least one hundred(100) feet from the right-of-way." The proposed construction notes a setback of forty(40) feet from the right of way. In addition the proposed construction is not ermitted pursuant to Article XIV, Section 100-143.C. which states; "A project shall be divided into separate structures so that no single structure shall have more than sixty(60) linear feet of frontage on one (1) street." The proposed industrial building is noted as having one hundred (100) linier feet of frontage on the v adjacent right of way_ Furthermore, the proposed construction is not permitted pursuant to Article XIV, Section 100-142, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the LI Light Industrial District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference,with the same force and effect as if such regulations were set forth herein in full." 013ulk schedule requires a rear yard setback of 70 feet. The plans note a rear yard setback of 50 feet. Total lot coverage, following the proposed construction is twenty(20)percent.'0� L::�Cl _ Authorized Signature CC: file, Z.B.A. T . r ' R a ` . For'Office Use Only: Fee$ pD, ► 30 ov ►/ 1aPr�'` Assigned No, D� TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR o� DATE OF BUILDING INSPECTOR'S DECISION APPEALED: ......derk................................. ii h�m Fri TO, THE ZONING BOARD OF APPEALS: I (We) 1.. ... .....!.l��.�'.4.......... ....... P (� {t%r! (Appellant) 4� l.- ... (Tel # HEREBY APPEAL THE DECISION OF THE BUILDING INSPECTOR DAT D WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED-la I.'D..1....... FOR: (A) Permit to Build ( ) Permit for Occupancy ( ) Permit to Use ( ) Permit for As-Built ( ) Other. 1. Location of Prope ty...�.7.®...c`1 U rd) .. Q�?... v '� .¢ °"'C...,..... one .....�i�, /�_ ..... .... ... ........ District 1000 Section. .�...Block......lots ...... ( ) I.................Current wner...J-1.t1.............. 2. Provision of the Zoning Ordinance Appealed. Indicate Article Section,, Subsection and paragraph of Zoning Ordnance by numbers. Do not quote the law.) J Article . ,. Section 100- IWASub-Section .............. 3 Type of A � 'to_-I 1� yP Appeal. Appeal i ade herewith for: (4 A Variance to the Zoning Ordinance or Zoning Map ( ) A Variance due to Irick of access as required by New York Town Law 62, Cons. Laws Art.-16,�•Section 280-A. ( /Chap. nterpretation of Article 61'`,.:;, Section 100- . i ( ) Reversal or Other: .......................................... ......... • ................................ 4. Previous A � ppeal. A previous appeal (has) has n een made with respect to this property or with respect to this decision of the Bui Ing Inspector(Appeal #...... Year ....•...). REASONS FOR APPEAL Additional sheets may be used with applicant's signature): AREA VARIANCE REASONS: (1) An undesirably ,.Range will not be produced in the CHARACTER of the neighborhood or a detriment to n. rby properties, if granted, because: 00 CA' (2) The benefit souOtit by the applicant CANNOT be achieved-by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief req,,i sted is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in ­­ie neighborhood or district because: (5) Has the alleged difficulty been self-created? ( ) Yes, or ( ) No. This is the MINIMUM that is f1 �cessary and adequate, and at the same time preserve and protect the character of tho neighborhood and the health, safety, and welfare of the community. ( ) Check this box if USE VAMANCE STANDARD r com e nd Ott ched. AA rn to before nye this a�Nd day �f �(�.nQ..•,. 20�� (Signature o uthorize Agent) (Agent must submit Authorization om Qwner) Notary Public Notary Public State th Vof New York ZBA App 08/00 No. 01 L06054063 Qualified In Suffolk County vrnp 9 9A TOWN OF SOUTHOLD BUII.DIN APPLICATION CHECKLIST BUILDING DEPARTMENT Do7 Mve or need the following,before applying? TOWN HALL Board of Health ' SOUTHOLD,NY 11971 3 sets of Building Plaas TEL: 7654802 Survey PERMITNO. .Check septic Form N.Y.S.D.E.C.• Trustees Examined .20 Contact: Approved .20 Mail to: Disapproved a/c Phone: D Building Inspector• LE, C - 7 200 APPLICATION FOR BUILDING PERmrr. BLDG.DEPT }�' souTtQLD Date �....., :20 INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a peanut shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what-so-ever until a Certificate of Occupancy is issued by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. S � �� (Signature of applicant or name,if a corporation) (Mailing address of applicant) State whether applicant is owner,lessee, agent, architect, engineer,general contractor, electrician,plumber or builder MOA' -- _ Name of owner of premises C CLC (as on the tax roll or latest deed) If applicant is Tan , * * ration, si g of du1zec�afficer _(Namee of corporate officer) Builders.License No. Plumbers License No. Electricians License No. .Other Trade's License No: 1. Location'of land on which proposed w�or will be done. © - House Number Street Hamlet dY wrM 9 . 44 �tr County Tax Map No. 1000 Section to Block1 170 Subdivision Filed Map No. Lot (Name) use and occupancy o ` . 'ses andtt;guse auu���ur...a,� :; State existing r r a. Existing use and occupan , b. Intended use and occupancy Alteration_______. Addition Nature of work(check which applicable):NDewe mon g Other Work (Description) Repair Removal aid on filing this application}; E. Estimated Cost v (to be p i. If dwelling,number of dwelling units Number of dwelling units on each floor If garage, number of cars occupancy' specify nature and extent of each type of use• 6. If business, commercial or mixed Depth 7• Dimensions of existing strictures, if any:Front----Rear Height Number of Stories Dimensions of same structure with alterations or additions: Front Hear Depth Height_-----------Number of Stories © Rear �� Depth g. Dimensions of entire new constru Front Number of Stories- Height tories -- Height a®� Ream Depth ., 9. Size of lot:-Front ' 10.Date of Purchase____I Name of Former Owner I S' use district in which premises are situated 11. Zone or 12.Does posed construction vn:iolate any zoning law, ordinance or regulatio S • � n� Will excess fill be removed froma emise�: � • 13�.Will lot be re-graded f� (� . ,-. / um -sols .' - ,� ,. •, � �' P -S�(� ddress � Phone No. �d 14.Names of Owner of pry Address Phone No Name of Architect Address Phone No. Name of Contractor 15. Is this property within 100 feet of a tidal wetland? *YES NO • IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED 16.Provide survey,to scale,,With accurate foundation plan and distances to properly lines. 17.If elevation at any point on property is at 10 feet or below,must provide topographical data on survey STATE OF NEW YORK) SS: r :'r COUNTY OF being duly sworn,deposes and says that(s)he is the applicant (Name of indivi i ove named, ti (S)He is the (Contractor,Agent,Corpora Officer,etc.) _ • _ _.. ^ owners,and.is, lily authorized to perform or have performed the said work and to makedVfile abpphcatto of said owner or o •that all statements contained in iiiis application are true to the best of his knowledge and belief; and t performed in the manner set fort'°,t in the application filed therewith. Swo to before me day of 20C71 e o •c Ruth taffy Pub public State of Ne Na. 63 01LoiffolkCour►hl„ ;., . , t CoA Ma r C W 5',20 ` L Southold Town Zoning Board of Appeals Route 25 Southold,NY 11971 January 29,2002 RE: AREA VARIANCE 640 CHURCH ST. LLC Chituk Pools AREA VARIANCE REASONS: 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: By the granting of this application we are removing a blighted non-conforming use and structure from the premises, creating a productive positive change in the physical appearance,maintenance and ultimate use of the,property. Additionally,we are locating the proposed structure further from the right of way than the existing improvements. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: The applicant believes that an area variance is not necessary, and the parameters for granting the requested permit are set forth within the scope of the current zoning ordinance. The applicant is applying for such relief/interpretation that the Board deems necessary to proceed with this application at the request of the,Principal Building Inspector. The applicant further believes that the pertinent issues at hand are: AS PER THE DISAPPROVAL: 1. Article XIV, Section 100-143.A. "Structures shall be set back at least 100 feet from the right of way" . The applicant believes that the intent of this code section is for conforming lots. The application at hand is a non-conforming lot and should be, properly dealt with by using Section 100-244A which deals with reduced setbacks in order to accommodate non-conforming lots. Section 100-244B allows a front yard of 40 feet for our size lot and our proposal complies. t 2. Article XIV; Section 100-143C " a project shall be divided into separate structures so that no single structure,shall have more than sixty(60)linear feet of frontage on one(1) street". The applicant feels that the right of way that serves the subject premises is just that- a right of way and not a"street"as defined in the code @ page 10032, and this section does not apply. If the Board determines that this section does apply,we request relief due to the fact that the size of the building seems to be the minimal needed to house the contract vendees business. 3. Article XIV, Section 100-142 "No building or premises shall be used and no building or part therof shall be erected or altered in the LI Light Industrial District unless the same conforms to the Bulk Schedule and Parking and Loading'Schedules incorporated into this chapter by reference,with the same force and effect as if such regulations were set forth herin in full". We have proposed a 50 foot rear yard setback as allowed in 100-244B. 3. The amount of relief requested is not substantial because: The proposed structure is suited in size and scale to its particular site and is within the designated lot coverage allowable under the code. 4. The variance will not have an adverse effect or,impact on the physical or environmental conditions in the neighborhood or district because: The structure is intended to be used for an allowable use for the LI-40 Zoning District in which it is located. This area has been designated by the Town Board for this type of use. Through the adoption of the Master Plan. Business activities other than parking will be carried out behind the building or proposed fenced/landscaped area and will be dealt with as we obtain approvals from the Planning Board. 5. Has the alleged difficulty been self created? ( )YES (X) NO Thank you for your time and attention to this matter, T&4t��o LLC member -ice. T'09�V . OF SOUTHOLD --PROPERTY' RECORD :CARDau' , OWNER,--^' Y_=:-.. _ : .- - - _ _ _.STREET VILLAGE - DIST. { SUB. - . _ -LOT , L ��u.�c�o fie. -:b v-El�/ieo� _ _ E - - --� :^xr- i� G: - = v "Sd,��4 e_t[e - -yYy - ` _ - _ _ _ - -ORM ROWNE zs.' ;:_.t:_: - }_ -ACR: ;- =S. =TYPE OF-B LD _ -,- _ UI TNG- - '"T^ - _ 9 _ _ LK SEAS.--- -_ �� _ - - - -- - ES. VL.=: FARM' COM E CB.'- MICS. Mkt: slue 'iMP.': . TOTAL; ; DATE'.. REMARKS ;� -C 300 0~ 6Q = d , w _ G P, -WI^ 1 vxrill --�, - IEW ARM FRONTAGE-ON WATER' oodland FRONTAGE ON ROAD _ eadoMand- _ _ _ °-„ __ - -- _ - DEPTH BULKHEAD ,tal J "•� _ I DOCK ++'' �Its- �•�-�= -_'-_ °`.�� 1•���a�, : ' ■ ■■■N■■■■NIM■N■■■■■■ I ISO ■ _ ®■■■■®■®■■■■®■EJ`i■■■■■■■ ■■■ ■■■■■■■■■■■E■■■■■■■■■■■■■■■r�. •- ` `#: .-. -- .:..t .x'; _. -- - -_ter;::.:::_ ■■■■■■■■■ ■ ■■■■��■ ■ ■ INIMENMEMNIN IS mass 01 Isis ■■■■■■■■■■■■■ �■■ ■■■■ ■NOMI■ ■■■ ■■■■MINIM■■■:�■■■■■■N■■■■ ■■■■■■■■■■■■■■■■■■■■■III■ ■■■ • ■■■■■■■■■■■■■■■■■■■■■■I■■C■■a : .. �' - ■■■■■■■■II■■IMI■■■■■■■■■ ■■■■ Foundation 7' t. Walls _ ■■■■■■■■■■VIII■■■■■■■■■■■■■■ - O • 0%Interior FiI TOWN OF SOUTH®L® PROPERTY RECORD CAR OWNER i STREET VILLAGE DIST. SUB. LOT ,FOM ,WNE�g -CAYC 41,NE ACRS �(� 1co S w - TYPE OF BUILDING R � SEAS. VL. FARM COM CB. MICS. Mkt. Value 'AND IMP. TOTAL DATE REMARKS z 30 � 0 �d ' 3o0 - 8r /loo HAL kel 9/go cr, �t p - L lao is 70 Ah AGE BUILDING CONDITION C II NEW NORMAL BELOW ABOVE �l� lav�° ► FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH ® House Plot BULKHEAD Total �'°' DOCK y ss J ,.w•� inn 3 ry Vii"►, !! e d *� : ■■■ rom :: ; . ::__ . .. : ���, °: ■ii■■■iii■■■■ii■■■■■■i■■■■■■ , � : '}' � '` ■ ■■■■■■■■ii■■iii■■■■■■■■■■■■■ i ' ■■ilii■■■■iii■■■■i■■■ illi■■■ -�— ■■i■iii■ilii■■i■■■■■■ illi■i m _ ■■i■iii■■■■�li�i■i■■■■■■■■■ ME . 7 ■■ii■■■■■■■■■■_■■■F3it7■■■■■■■■■ r � ? ■■i■■ii■■■iii■�■_■■■■■■i■■■■■■ MEN No w ■■■■■illi■■■■■■■i■■■OEM ■■■ii �M■■■E■■■■■■■■■■■■■■ ■■E■�■ :���■ill■■■■ilii■■■■■■i■■■■■ Basement 0 ire Place • ••- .- •.• I, Rooms 1st •• • •• • �__ •- -• • ••• Rooms 2nd Floor Dormer If• • / ` , ` ti��`O CCG ,V�t /SOLID BUNCHUCK y� P.O.Box 962 E COORDINATOR WCutchogue, New York 11935-0962 OTel: (631) 734-7685 Fax: (631) 734-7976 SOUTHOLD TOWN September 4, 2002 SOLID WASTE DISTRICT MEMORANDUM TO: Victor L'Eplattener SEP 0 4 2001 FROM: im Bunchuck Southold'Town SUBJECT: Landfill Photo and Traffic Counts Planning Bose As requested, enclosed please find a photo of the landfill and surrounding vicinity with the proposed new exit to Cox's lane indicated, along with traffic counts of vehicles exiting the transfer station on 3 recent days. The picture does not capture Depot lane, where another exit handling traffic to the new compost facility might be located some time down the road(no pun intended). That is dependent on a number of other factors and is currently not within the Town's control to accomplish. The Cox's lane exit is virtually a done deal, however, at least so far as the property belongs to the Town. If the County installs a traffic light at Cox's and Rt. 48,I believe the exit will be as shown. As for the exiting traffic, our counts were as follows: Date/Time Left Turns (eastbound Right Turns(westbound) 8/24/02(Sat) 10:10 am-1:45 pm 421 (49%) (406 cars, 15 trucks)* 427 (51%) (408 cars, 19 trucks) 8/25/02 (Sun) 10:00 am-4:00 pm 452(48%) (444 cars, 8 trucks) 476(52%) (470 cars, 7 trucks) 8/28/02(Wed) 10:00 am--4:00 pm 239 (49%) (221 cars, 18 trucks) 242(51%) (217 cars,25 trucks) TOTALS: 1,112 (49%) (1,071 cars,41 trucks) 1,145 (51%) 1,095 cars, 51 trucks) Please let me know if you have any questions or need additional information. *Cars are passenger vehicles,including SUV's and< 1 ton pickup trucks;trucks are> 1 ton pickups,any commercial vehicle towing a trailer, tractors,garbage trucks,landscape trucks - cq q. A To: Supervisor and wn Board From: Tom Wickham Date: Sept 10 02 Re.: Tuthill Rd community In view of our decision today not to change the zone on these properties, I think we need to decide what other changes should be undertaken to protect the wellbeing of those residents in the community, and how our Board will see that those changes are carried out. I'd like to schedule this for a brief worksession discussion Sept 24. ,cc. Zon g Bd, J.Bunchuck, J.McMahon, P.Harris P hi�i4p•• � 2 CII DRAFT CUTCHOGUE INDUSTRIAL AREA PLANNING STUDY Cutchogue, Town of Southold, New York Prepared for: Town Board of the Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Prepared by.- Nelson,Pope &Voorhis, LLC 572 Walt Whitman Road Melville,New York 11747 Contact: Charles J. Voorhis, CEP, AICP Date: August 26, 2002 1.0 BACKGROUND AN�HISTORY 1.1 Study Area The overall subject of this planning study is the industrial zoned land north of Middle Road, also known as County Route (CR) 48, east of Depot Lane, west of Cox Lane, and south of Oregon Road. This land is located in and around the Southold Landfill property in the hamlet of Cutchogue, Town of Southold, New York. A core area of the planning study is defined to include the residential uses centered around Tuthill Lane, north of Middle Road. This area will be included as a focus area due to the non- conforming residential uses which exist in this industrial zoned area, and the land use challenge that this area provides. Included within this core area is the First Baptist Church of Cutchogue, located at the eastern most border of the residential use core area. The total study area includes 37 tax parcels, with a total area of 252 acres, The core area comprises approximately 5.74 acres of the overall 252 acres of the study area. Approximately 77.9 acres of land is owned by the Town of Southold, and is devoted to solid waste management activities. The Town of Southold lands are comprised of two major municipal properties located within the study area. The Town of Southold's former landfill is located on a 60.9 acre parcel that wraps around the northern and eastern boundary of the residential core of the study area. The recently purchased 17 acre McBride property, to be used as a site to relocate the Town's yard waste and composting operations, lies to the west of the Tuthill Lane residential core area. c ' J�L 9/10/02 FOR DISCUSSION Church Lane Neighborhood �00 — C� • DRAFT v CutcLa,'z Industrial Area Planning Study �~ Route 48,Cutchogue NP&V No. 02236 1.2 Objectives of Study The objectives of this study are to first examine the existing land use conflicts associated with the residential area in the Tuthill Lane core area, relative to the surrounding industrial areas. Further, the study will offer recommendations in consideration of land use, zoning and environmental conditions in order to alleviate any related conflicts. Ultimately, the study recommendations will provide a guideline to promote a land use development pattern that is environmentally sound, and economically viable. 1.3 History of Subject Site and Surrounding Area The study area under consideration was the subject of a major revision to the Town of Southold Zoning Code in 1989. Prior to 1989, the properties in the core area were zoned for residential purposes under the prior 'W' (Residential Agricultural) zoning district. Other zoning within the study area prior to 1989 included the prior "C-1" (General Industrial) district in the southwest and northeast quadrants of the study area, with "A" (Residential Agricultural) zoning in the northwest quadrant, and a concentration of "C" (Light Industrial) zoning in the southeast area fronting CR 48. As a fesult of the Town's desire to expand its inventory of industrial properties, and strengthen the economic base of the community, the subject core area, along with the outlying areas were rezoned for all industrial use. The western third of the study area became zoned LIO (Light Industrial Park/Planned Office Park), and the eastern two-thirds, including the Town landfill site, was rezoned to LI (Light Industrial) district. This removed large areas of residential zoning from within the study area, and created an industrial nucleus on the north side of CR 48 in Cutchogue. The rezoning created a land use issue for the Tuthill Lane residential core area. The area already had a significant number of non-industrial uses, including nine (9) residential homes and the First Baptist Church of Cutchogue. It was anticipated at the time of the comprehensive zone changes, that ultimately, these uses would be phased out and converted to industrial uses. However, this has not been the case, and now approximately fourteen (14) years later the non- industrial uses remain. 1.4 Local and Regional Planning Studies 1985 Town of Southold Master Plan This document provided the foundation for the 1989 rezonings that created the industrial district in the areas bounded by Oregon Road to the north, Middle Road (CR 48) to the south, Depot Lane to the west, and Cox Lane to the east. Although the focus of the subject master plan was to preserve and protect agricultural lands and the rural character of the community, it also Nelson,Pope&Voorhis,LLC Environmental and Planning Consultants Page 2 DRAFT Cut jue Industrial Area Planning Study Route 48,Cutchogue NP&V No. 02236 recognized the need for industrial development. Based on the existing location of the landfill, and the transportation access associated with CR 48, the plan designated this particular area for industrial zoning. After the rezoning which became effective in 1989, the area was not recommended for changes in a subsequent Town Comprehensive Plan Update. 1999 County Route 48 Corridor Land Use Study The study focused on land use policy as it relates to the future growth activities along County Route 48 through the Town of Southold. The study focused on four basic themes: ® The preservation of farmland and agriculture, a The preservation of open and recreation space, ■ The preservation of the rural, cultural, commercial and historical character of the hamlets and surrounding areas, and a The preservation of the natural environment. Although the Corridor study does not make any specific recommendations about the area that is the subject of this Cutchogue Industrial Area Planning Study, it does offer a number of applicable goals: ■ Provide for a variety of housing opportunities for citizens of different incomes and age levels, • Re-zone parcels to more appropriate uses, ® Require greater setbacks from the roadway for larger agricultural and commercial buildings. The following sections of this report include an inventory of existing land use and zoning, Suffolk County density limitations, environmental conditions and water availability in the study area. The inventory is followed by an analysis of the land use and zoning factors which are evident based on the inventory. The final section of this report includes recommendations for Town consideration, to address land use conflicts and ensure appropriate zoning and development within the Town. Ill�t� �r • Nelson,Pope&Voorhis,LLC Environmental and Planning Consultants Page 3 • t t DRAFT _ Cut0,_,,Pie Industrial Area Planning Study Route 48,Cutchogue NP&V No. 02236 2.0 INVENTORY 2.1 Existing Zoning As noted in Background and History, the entire study area contained within Oregon Road to the north, Middle Road (CR 48) to the south, Depot Lane to the west, and Cox Lane to the east is zoned for two types of light industrial use. The western portion extending from Depot Lane approximately 1,100 feet eastward is zoned Light Industrial Park/Planned Office Park (LIO), the remaining areas, including the core residential neighborhood and municipal landfill are zoned Light Industrial (LI). Attachment A; Figure 1 includes a zoning map of the study area. Generally, the LIO classification encourages the development planned industrial and office park uses, relative to the general industrial development promoted within the LI designation. The major difference between the two industrial classifications is the minimum lot requirement for each district. The LI has a minimum lot size requirement of 40,000 square feet, as compared with the LIO district, which requires a 120,000 square foot minimum got size. In addition, the LIO has a more restrictive lot coverage requirement relative to the LI zone; wherein the LIO district allows twenty(20) percent coverage and the LI district allows a greater coverage of thirty (30) percent. 2.2 Existing Land Use The Tuthill Lane core area is comprised of non-industrial uses, which include nine (9) single family residences and the First Baptist Church of Cutchogue. The residential homes are on relatively small lots, ranging from approximately 10,000 to 22,000 square feet. There are also a number of small vacant parcels dispersed within the core area that are generally under one-half acre in size. There are a total of twelve (12) separate tax parcels within the core area, as well as two Town-owned transportation related right-of-ways. In addition to Tuthill Lane, there are a number of semi-improved driveways that provide access into the residential core. The land use activity outside of the core area contains a mix of commercial, industrial and municipal uses. To the east of the residential core and entrance to the municipal landfill site, there are several commercial uses fronting on Middle Road (CR 48). With one exception, these small businesses are,operating out of buildings that formerly were residential homes. At the intersection of Middle Road and Cox Lane lies a multi-tenant industrial facility occupied by a broad range of commercial and industrial uses. Extending northward along Cox's Lane, the land use pattern is comprised of various commercial and industrial activities. Included in the land use inventory along Cox Lane are an asphalt plant, a gravel and mixing operation, marine services, a sanitation and transfer station and auto related businesses. Essentially, the entire frontage along Cox's Lane is occupied by the existing inventory of businesses. Attachment A; Figure 2 provides an aerial photograph of the general land use pattern in the area, with tax map parcels superimposed to demonstrate the ownership pattern in the study area. N_ 19111 V Nelson,Pope&Voorhis,LLC Environmental and Planning Consultants Page 4 DRAFT r ; Cute to Industrial Area Planning Study Route 48,Cutchogue NP&V No. 02236 With the exception of a junkyard located to the west of the intersection of Oregon Road and Cox's Lane, the remaining perimeter of the study area is dominated by farm use and related buildings. This perimeter includes the remaining properties along Oregon Road and Depot Lane. Essentially, the farm uses extend from the perimeter roads to the former Southold landfill, situated in the center of the study area. It is important to note that, there is a proposed industrial subdivision totaling approximately 28 acres located on the farm property located at the intersection of Depot Lane and Middle Road. This land has an approved industrial subdivision, but at present is unable to be developed due to the inability to provide suitable water supply to the future industrial buildings. At present, public water is not available for new uses in this area, and agricultural chemicals are present in the groundwater thereby eliminating potential for on- site water supply systems. Environmental and water supply issues are discussed in more detail in Section 2.4. Agricultural lands are the predominate use surrounding the study area. The Town of Southold, through its land use planning and zoning control, has attempted to preserve the agricultural use, rural character and views from County Road 48 associated with these areas. 2.3 Suffolk County Sanitary Code—Article 6 Density Limitations In addition to zoning requirements, land use densities are limited by Article 6 of the Suffolk County Sanitary Code (SCSC). Article 6 was adopted for the purpose of implementing parts of the Areawide Waste Treatment Management (208 Study) by establishing geographic boundaries for groundwater management. The Article established density limitations in unsewered areas to control nitrogen load from sewage disposal and the impact on ground and surface water resources. This area of the Town of Southold is designated as Groundwater Management Zone VI. Under this designation, Article 6 requires that lot sizes in areas with no public water be a minimum of 40,000 square feet in size. In areas with public water, lot sizes may be reduced to 20,000 square feet. For design flow purposes, Suffolk County Department of Health Services equates three- hundred (300) gallons per day per residential unit. Therefore, Article 6 limits density to one (1) dwelling unit per acre in areas without public water, and two (2) units per acre in areas with public water. Design flow factors can be applied to industrial and office uses based on a gallon per square foot per day factor, to determine design flow for various uses. 2.4 Environmental Conditions and Water Availability Groundwater contamination has had a negative impact on the ability of residences and businesses to access potable water in the general environs of the study area. Historically, agricultural uses have involved application of pesticides, herbicides, fungicides and fertilizers to PAT Nelson,Pope&Voorhis,LLC Environmental and Planning Consultants Page 5 DRAFT _- ` Cutt.._,bae Industrial Area Planning Study Route 48,Cutchogue NP&V No. 02236 control pest activity and enhance crop growth. This practice has resulted in trace concentrations of agricultural chemicals in excess of drinking water standards throughout areas of the Town historically devoted to agricultural use. Recent advances in pest management, chemical breakdown, and controlled application have improved farm practice such that minimal impact occurs on modern-day farms. However, the slow rate of groundwater movement ( %2 to 1 %2 feet per day), the conservative nature of certain chemicals in groundwater, and extended time periods for chemical breakdown, has resulted in residual contaminant levels in the aquifer. The north fork is a shallow groundwater system with generally less than 100 feet of maximum vertical depth of freshwater reserves, atop saline waters, thus limiting the groundwater reserve. For certain areas downgradient (north) of the Town owned land, historical use at the landfill has resulted in elevated contaminant levels in parts of the study area. In response to this situation, the Southold Town Board in cooperation with the Suffolk County Water Authority (SCWA), the local water purveyor, adopted a public water supply plan and map in July of 2000. The plan established certain locations within the Town where the Suffolk County Water Authority may install water mains and provide public water service to existing uses. The subject plan included areas designated by the Suffolk County Department of Health Services (SCDHS) and SCWA as priorities for public water supply due to known groundwater contamination. It should be noted that, according to the SCWA Chief Executive Officer, Stephen M. Jones, the water authority does not have the capacity to meet the current demand for public water supply for all the SCDHS priority areas in the Town of Southold. Further, it is the policy of the SCWA to consider only those locations designated on the July 2000 plan for public water supply. In order for the SCWA to consider sites for public water supply that are not so designated in the July 2000 plan, the Town of Southold must amend the subject plan (Attachment B). Nelson,Pope&Voorhis,LLC Environmental and Planning Consultants Page 6 1 � DRAFT Cut(" a Industrial Area Planning Study Route 48, Cutchogue NP&V No. 02236 3.0 ANALYSIS 3.1 Land Use and Environmental Planning Factors The variables that impact long term planning policy within the core residential area vary significantly from those in the greater subject study area. The potential for properties in the study area to achieve the industrial purposes envisioned in the 1989 re-zonings is far less in the core residential area, as compared with the larger tracts of industrial land with no established residential uses present in the balance of the study area. This determination is based both on economic and land use conditions associated with properties within the core area, and is evidenced by the lack of such uses to date. Since 1989, there has not been any assemblage of properties within the residential core to allow for the development of an industrial facility. The only proposed non-residential use is the current proposal for a 5,000 square foot pool supply warehouse on a vacant, substandard half-acre parcel. The reason for this is based on the current land use pattern within the core and the economics that guide land development. Simply put, the ability for an industrial developer to assemble a site for industrial use is severely limited due to the availability and size of vacant parcels, and the cost of purchasing improved residential properties. Due to the residential lot sizes within the core, an industrial user would be required to assemble at least two (2) or three (3) improved residential properties to achieve enough land to have a site suitable for industrial use. Even though the improved value of the subject residential properties are somewhat modest relative to home values in the surrounding areas, the costs would be prohibitive. In order to achieve a one (1) acre industrial site, the assemblage costs to an industrial user would most likely exceed two-hundred thousand dollars ($200,000). This cost exceeds the cost of comparable industrial land in the vicinity of the study area. As a result, future potential uses would be expected to seek variances to construct buildings and uses on lots smaller in size than intended by zoning. This results in less attractive, piecemeal industrial development, with inadequate buffers, potentially inadequate parking, and access constraints. In summary, industrial use within the residential core may prove difficult for several reasons, noted as follows: IN Parcel sizes range from 10,000-22,000 square feet and therefore do not individually meet the minimum lot size required by zoning. ■ Consolidation of properties is costly and potentially difficult due to the remaining residential uses. ■ Industrial development (subject to variances) on smaller lots could result in numerous small uses, with inadequate parking and buffering. • Access for industrial use will require numerous driveways which logistically may prove difficult for small to medium size trucks and the frequency of truck and vehicle traffic onto CR 48. • There is an immediate land use conflict with remaining residential uses within the core area. ■ Some but not all industrial use has the potential to use a greater amount of water, where residential use is more predictable. Nelson,Pope&Voorhis,LLC Environmental and Planning Consultants Page 7 DRAFT �' CutcLi,.o.s:Industrial Area Planning Study Route 48, Cutchogue NP&V No 02236 ■ Similar to water use, industrial use generates a greater number of vehicle trips during peak hours, and therefore increases conflicts resulting from access over existing Town right-of-ways and/or additional industrial road openings on CR 48. The situation is quite different in the outlying areas of the study area. The properties are far more suited to industrial growth based on both land use and zoning considerations. Generally, the vacant properties may be subdivided into industrial sites that have sufficient area to provide attractive developments that meet the demands of modern industry. Larger land areas can be subdivided to provide suitable road access and drainage, as well as lot sizes conforming to either LI or LIO zoning requirements. On individual industrial sites, there is ample room for facility constriction, required parking and landscape amenities. Further, the sites have easy access to appropriate transportation corridors. This observation is supported by the current request to create a new industrial subdivision at the intersection of Depot Lane and Middle Road that is awaiting water supply availability. The potential for land use conflicts between the residential core and the outlying industrial areas is a major planning issue that needs to be reviewed. The future expansion of industrial development throughout the study area may have a negative impact on the residential use of property within the core. Noise, traffic, and other factors associated with industrial activities may undermine the residential values of the subject properties and limit the improvement of the area. However, it should be noted that, the residential core has remained viable for many years as a neighbor to the Town's landfill. With regard to municipal land, the landfill use has ceased, and transfer and compost activities have replaced the more intense industrial activities associated with the former landfill. Future plans to re-use the landfill site for a less intense industrial use more conducive to residential housing may prove,to benefit the residential core. In addition, since municipal property buffers the residential core to the north, east, and west, the opportunity to provide an appropriate transition buffer is apparent. ill Nelson,Pope&Voorhis,LLC Environmental and Planning Consultants Page 8 i t DRAFT _% Cutel,, Industrial Area Planning Study Route 48,Cutchogue NP&V No. 02236 4.0 RECOMMENDATIONS 4.1 Consider Re-Zone of Residential Core to Residential R-40 From the outset of this discussion, it is concluded that some action must be taken to remedy a potential land use conflict. To allow spot industrial use within a residential area while a land use transition occurs, would impact existing residences for an undetermined amount of time. An alternative of purchase and relocation of residential occupants is discussed in Section 4.2; however, it is recognized that that a residential rezoning solution is a very cost-effective remedy. This is particularly true when considering land use factors that are discussed below. There are a number of factors that support the re-zoning of the core residential area back to a residential zoning classification. Theoretically, the rezoning efforts in 1989 to merge this residential area into the greater industrial district north of Middle Road were based on sowrid geographic planning principles. However, in practice, economic trends may not allow these properties to be transformed into industrial sites. The most appropriate planning strategy may be to establish planning mechanisms to strengthen the residential core, and reduce conflicts with potential industrial development in the outlying study areas. As the cost of housing in the Town of Southold continues to increase, housing options for residents of the core will become increasingly scarce, thereby increasing the value of the subject housing to the occupants. As discussed in the prior section, the potential to assemble existing residences in the core, with the limited supply of vacant sites, to create suitable industrial properties is severely limited. As a result, any possible industrial development within the core area that may occur would be on substandard lots, creating unsightly developments along the County Road 48 corridor. The visual effect would not be in conformance to the Town's stated goal of preserving the visual amenities along this corridor. Further, it would almost be impossible to achieve a well designed plan to provide road access to individual sites developed in such a haphazard, and uncoordinated manner. The argument to re-zone the core area to a residential zoning classification is strengthened by the observation that the Town of Southold is in a position to provide protection to the subject area, and limit potential land use conflicts. As indicated earlier, the Town of Southold owns all of the property surrounding the residential core of the study area. With limited costs, the Town could create landscaped buffers between the surrounding municipal properties and the residential core. It should be noted that, the plan for the new Town yard waste facility calls for perimeter buffers of a least fifty (50) feet on all sides. Further, the future re-use of the landfill to a more desirable, less intense use (than prior landfilling activities which have existed for over 60 years while residential uses have been present), would contribute to the residential quality of the core area. There are additional actions the Town of Southold could pursue in order to strengthen the residential viability of the core area. Potentially, the Town could partner with a non-profit ill Nelson,Pope&Voorhis,LLC Environmental and Planning Consultants Page 9 t t F DRAFT - Cutct,,_ rIndustrial Area Planning Study Route 48,Cutchogue NP&V No. 02236 housing group to construct some affordable housing units on the remaining vacant parcels. This would strengthen the area by adding newly built units into the housing mix. Community Development funds or low-interest loans could be made available to provide incentives to improve existing residential homes, or street improvements. In addition, the SCWA may be inclined to provide public water to new residential uses in this area if the Town chooses a strategy to strengthen its residential character and provide needed housing options. The Town could pursue this through an amendment to its public water supply plan and map. The costs to the municipality under the residential zoning recommendation represent the least costly alternative to achieving a sound, economically viable land use plan for the area. The outlying areas included in the study will provide ample land for future industrial development in the Town of Southold. The core area represents only about 2.3 percent of the total industrial acreage within the industrial district north of Middle Road. Remaining acreage has the potential to be developed in a more orderly, environmentally and aesthetically compatible manner. The vision offered in the 1989 rezonings to create an industrial center within the Town to support its economic health will not be negatively impacted by the redesignation of the core area as a residential zone. In fact, the vision of providing high quality industrial growth potential on 40,000 square foot or larger industrial lots, with properly planned access and buffering, will be advanced as a result of rezoning of the core area for continued residential use. Finally, such a rezoning may result in less water use and greater vehicle trips and road openings on to CR 48. 4.2 Alternative—Maintain Industrial Zoning with Purchase of Residential Properties As an alternative to rezoning the residential core, the Town could consider purchasing all residential homes within the subject area, and providing relocation services to impacted residences. It must be noted that ultimately, this alternative may prove extremely costly to the Town. As indicated earlier in the report, the economic utility for industrial development of the core area is limited. The existing land use pattern, lot sizes and access constraints, limit the potential for high quality industrial sites. Therefore, the ability of the Town to market the area to potential industrial users, and recoup its acquisition and relocation costs may also be limited. Added to this, the cost of providing alternative housing within the Town for the dislodged residents, and providing relocation services may be prohibitive. Nelson,Pope&Voorhis,LLC Environmental and Planning Consultants Page 10 1 i DRAFT i cute, Industrial Area Planning Study Route 48,Cutchogue NP&V No. 02236 5.0 CONCLUSION In conclusion, the rezoning of core area to R-40 residential provides a solution to a known land use conflict. The solution is the lowest cost option for the Town, in view of the expected need to provide assistance to relocate existing residents. This study has noted that Town-owned land entirely surrounds this residential area, and therefore, the Town has full control over buffering and land use controls to maintain the residential area that for over 60 years contended with prior land fill activities. The residential area has not transitioned to industrial use as may have been envisioned by the prior rezoning of this area to industrial districts approximately fourteen (14) years ago. The Town could consider programs to further strengthen this residential area by providing assistance for improvements to existing residents through Community Development funds or low interest loans. An additional option exists to increase needed affordable housing stock in this area through partnering with non-profit organizations. The rezoning would eliminate a number of industrial uses within the 5.74 acre area. This action could reduce the potential demand for water supply, and also reducing the number of vehicle trips and possible road openings that would be necessary to allow access to numerous industrial use sites. This option also has the benefit of eliminating the potential for less desirable.industrial growth on substandard lots that could compromise the aesthetic and transportation related aspects of the larger industrial zoned area. As a result, the remaining industrial area would be strengthened and since the core area represents only 2.3 percent of the overall industrial study area, no impact is expected due to loss of industrial zoned land. Finally, the goals of the Town Comprehensive Plan to maincain the aesthetic quality of the CR 48 corridor, and promote appropriate industrial use on lots designed to accommodate such use would be advanced. Nelson,Pope&Voorhis,LLC Environmental and Planning Consultants Page 11 ry 1 DRAFT4 Cutcl�,�,_.,,_s Industrial Area Planning Study Route 48,Cutchogue NP&V No. 02236 ATTACHMENTS 11�1��ir Nelson,Pope&Voorhis,LLC Environmental and Planning Consultants Page 12 ATTACHMENT A FIGURES i ♦• `,'0 ,. ,. „+' t �� •r�- K�{',v�•c+ xf 'z`� '-a= �'' T-i ro f,� r"S}' Y iP :..z.�rF'`'{�.: rtr•'r i �_ �I R z �'�a . x r - r ,; �`-`'-�*•,��Xa�f'},,.-,�fi�'^�,��'r�S � '`3'w' +. r� .r t rs' s y u"w< y.k"`x �,.` .^ ,x1`' Cy'�•jY .'sA a „s r �-+J rn Tr rn�'x � .z G.A `� �� - �x K � � �n s ty's rcx^z ) .+t•`S y ,r r �' sa fsi� ���� x r�'�',lz-.„ ��a i� A a, -'� "�' 3-�.u�`.r a +w�-: i'5"7 F•�'�� ��'° r t',t L 1{-�'i 3 ,F�u 5'. ' � „,,N ,.,kx� it ei,���r�-t2'�p�"y T�4f#3 •�,•s�Zt-M � '�+des.; i '�'�P tf�, �* t y �sr:f-�xxly' "w. � �' yx 4 'Re4,•5'' ,t. 3• .r'-''7.x .;F? 7 i'� t 'wF? YYt'` X�''" d t "`���p..;��t�� j�K� ��l k"�' �.�- k '��'"�r'r i�� N �� � t t r- s� 7 _„.t. r• ,,.+ K�:. 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Box 1179 Southold, New Yo 11971 C)r, ,st" Dear Supervis on: I feel moved to write to you because of a steady stream of inquiries we are Still receiving here regarding an industrial park on the northeast corner of Depot Lane and North Road in cutchogue. These inqqiries, coupled with newspaper accounts regarding zoning around the Cutchogue landfilpartners andl through give me cause for concern. We have been operating now since July 2000 as , the adoption by the Town Board of thabo plaedemeasure of certainty and predictability 't thewshort-term status of public water supply in the Town of Southold. I believe 'that the �hepast biefromliberations ovefew years. We llthis map as 'Nell in their regulatory deI recognize the close association between permitted land uses and public water supply. I attach the letter written to Mr, Henry Raynor dated April 11 , 2002. It is WA that we will not consider any connections outside still the position of the SC Town of the areas designated on the approved map, unless and until the Southold amends the map after a public hearing. We consider the map to be very important, and a public hearing to amend same is also important. it would 000 map adoption was accompanied by a be our position that since the July 2 additional SEQRA review and determination, amending the map to include any, r_ environmental review of water impacts similar to what areas should include an the town Planning Board is asking private developers to perform. Regarding the existing 'nornes and businesses in the SGDHS landfill to public and get them cion off priority area , we are prepared to connect them Private wells. i,Ale are not prepared at 'this time to connect water any new constr in the area. The Evergreen Avenue project and the main extension, which to eI t urpose of extending immediate p e express ption lown paid for, was or people on private wells, and is not sized !or any thing above that. Further, if a home with Private well in the area is demolished in favor of a new industrial use, Supervisor gosh Horton august 8, 2002 we would consider that to be new construction. We are not currently in a position to offer services other than those in keeping with the intent of the water main project and the intent of the SCDHS designation, and our limited supply' This limited supply brings me to my next area of concern. Because the town has taken the giant step of eliminating road frontage commercial zoning between Mattituck and Southold to preserve vistas and wouflow ld d fu�y support because the landfill appears poised fora new life as something else any effort on the town's part to look at the whole block between Depot eotattenti n.and ox on the north side of North Road as a Planning area deserving special We are concerned about the possible proliferati n of uses in this iorbl block might be water intensive (ground pater pollutiong already) and if the town is considering the various ossne existing s we need transitional lases. future use of the landfill and numerous otherp bili how these possible future land uses might affect us and our ability to provide adequate drinking water supply. Tease let us know if and 'now the Water esuch aoslty tud an be of wouid benefit p�pie tanc-- in any planning endeavor of this sort, 'ale thinky one some living in the area and business in the area as weveryell, giving certainty for the future and providing an opportunity to think about and plan for the future of the landfill parcel itself. We are currently at the midway point of our six-month moratorium on new hook-,ups hr�d it s important cthat our examinationx know of any rt whangss you may be comempl,�ting 9 additional supplies or demana-side management. 'fiery my yours, Ohl onesutive Officer SiMJ:dmm M. A. !; Grande, Chairman .t/ito Minei, SCDHS Bennett Orlowski, Chairman, Planning Board '\/aierie Scopaz, Town Planner • I I '�/ 1 PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. h�� y P.O.Box 1179 Chairmano= Town Hall,53095 State Route 25 e* 2 Southold,New York 11971-0959 RICHARD CAGGIANO 0-0 Telephone(631) 765-1938 WILLIAM J.CREMERS iLL Fax(631) 765-3136 KENNETH L.EDWARDS MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Gerard P. Goehringer, Chairman, Zoning Board of Appeals From: Scott Hughes, Senior Environmental Planner Re: 640 Church St. LLC Application # 5084 SCTM #1000-96-1-11.1 AUG 2 2 1� Date: 22 August 2002 3-,1,0 P'►� ! The Planning Board has reviewed the above ZBA pending application regarding the construction of an industrial building and offers the following comments and concerns. In general, Planning Board has concerns with applications that ask for multiple variances. Since this application asks for three variances it is looked upon as unfavorable. Besides the number of variances we also have issues with each of the specific variances. They are addressed below. (1) "a building frontage (width) greater than 60 ft. long:" Planning Board opposes granting variances for more construction than would normally be permitted in accordance with the zoning district's bulk schedule. This larger.. than allowable building will unnecessarily impose on the surrounding homeowners. (2) "less than 70 feet from the rear lot line:" From a planning standpoint this variance would also impact adjacent residents. As offered the building is too close and offers no buffering to the 1 � z J neighbors. We had suggested for the applicant to mitigate this impact by adding to the proposed little-to-no landscaping and reducing the tremendous amount of crushed concrete parking areas. Changes submitted on an xa`1 amended plan have not significantly addressed this issue. (3) "minimum specifications for safe access by fire and emergency vehicles to this lot without frontage on a town street." Access to the site is by an unimproved (graveled) 28' right-of-way owned by First Baptist Church of Cutchogue. Though requested for, we have not been provided with documentation that First Baptist has given the applicant permission to use this right of way. This permission is required to assure that access is permanently available. If use is granted, the Planning Board recommends the road be improved ("paved")to a minimum fifteen-foot width. Also, the Planning Board suggests that the protection of public health and welfare of the partially residential character of this neighborhood be given serious consideration and the non-conforming nature of the lot is a limiting factor that should not be ignored. I thank you for the opportunity to inform and recommend to the Zoning Board of Appeals. - i AUG 2 22 adz SOUTHOLD TOWN BOARD OF APPEALS TRANSCRIPT OF PUBLIC HEARINGS HELD AUGUST 22,2002 (Prepared by Paula Quintieri) Present were: Chairman Gerard P. Goehringer Member Lydia A.Tortora(absent until 8.50) Member George Horning Member Ruth Oliva Member Vincent Orlando Board Secretary Linda Kowalski PUBLIC HEARINGS: 9.50 p.m.Appl.No. 5084—640 Church Street LLC CHAIRMAN- This is an ongoing hearing. We'd like Mr. McCarthy to come up, since Mr. McCarthy was tardy at the last hearing and did not arrive; we have to discuss with him certain things. Is there anything you would like to open the hearing with Mr.McCarthy? TOM MCCARTHY: I apologize for my tardiness. It was my mistake that I was not here. I didn't understand that we were going to be on the calendar that evening, because I didn't ask that question specifically enough to your office CHAIRMAN: Let me dust say to the entire group that is here,when a person is tardy they get to the end of the schedule, so that is the reason why we are at the end of our agenda for this particular application. Just so everybody is aware of that. We're ready to hear from you. TOM MCCARTHY: I guess one of the substitute issues today that we had not discussed in the past, or at least was not advertised was the issue of 280A access from 48. 1 believe it were to go back and look at the record we had offered to work together with the church to improve the right-of-way that travels across the church's property to whatever it is necessary to a reasonable or acceptable to the neighbors or the church itself, because the church owns the right-of-way. We offer to do that to whatever the specifications that are necessary. We had spoken about this before but we hadn't amended the application to include that within the public hearing. CHAIRMAN- What have you done, the last hearing that we had you had supplied us with a second map indicating an additional change or a proposal of an additional change. I don't seem to have that right in front of me, but I'll look for it in a second. Have there been any other changes, anything other that you have proposed either you or your client in solving some of the variance aspects of this application? TOM MCCARTHY: No, I believe that we had submitted to you a possibility for an amendment. We have not made that application to the Planning Board. To the Planning Board we've made our application as you've seen our original. With all due respect to the principal Building Inspector that sent us to the Zoning Board and to this Board, I still feel that the issues that are in front of us are, I'm in disagreement with regarding the bulk schedule, the nonconforming bulk schedule, the front yard setback,the rear yard setback and the distance on the street. Those are really the issues that we, myself and Mr. Chituk wanted to get answered from this Board in an official fashion before we were to come up with any other official application because we feel wherever we've located this building is a legal location. We also understand that there are a lot of other issues here, they're complex issues that we've all read about in the papers lately. There's been issues that the Town Board has been involved in and trying to solve. Many different opinions as to what is the right thing to do, and we're kind of here with our hat in our hands for a piece of property s Page 2,August 22,2002 Transcript of Public Hearing Zoning Boaid of Appeals that was zoned in a particular fashion in which to improve it according to what we see as the law. And we respect the members of the church and the neighbors and we're trying to work together so that we can also be a good neighbor and to whatever end that is, but still within our rights in a light industrial district with the improvements that we are looking to make with this property. CHAIRMAN. We need you to cut the building down. You need to make it smaller. So that's an issue that concerns me That's just my opinion. I have not; we have not deliberated upon this because we have not closed the hearing, conceivably But the last discussion I had with you and Mr. Chituk was that if this building was to go forward it's going to be a model building. TOM MCCARTHY: That's understood. CHAIRMAN: But, it is dust too large. So we need you to look at that aspect of it, you and your client. And I'll pass it over to Mrs.Tortora. MEMBER TORTORA: You have contended that you are not subject to the provisions of 100-143A,which states, "all structures shall be set back 100 feet from the right-of-way",correct9 You've maintained that it's not a right-of-way? TOM MCCARTHY. I maintained that it is a right-of-way and that it's not a street. MEMBER TORTORA That's not what the Code says. The Code says, "All structures shall be set back 100 feet from the right-of-way" According to your own snap, it is a right-of-way, an undisputed right-of- way TOM MCCARTHY: That's correct. MEMBER TORTORA: So as to the issue of whether this Board is willing to rule that it's not a right-of- way and not subject to the provisions of 100-143A, I can guarantee you I am going to, I can't read it any other way. The law is the law,the Code is the Code,it says what it says and yes it is. That's number one. TOM MCARTHY: Mrs Tortora,May I ask you a question? MEMBER TORTORA. Sure,go ahead. TOM MCCARTHY- What is your opinion on 100-244 for nonconforming lots? Under the definition it says the Section is intended to provide a minimum standards for granting a Building Permit, for the principal building of lots,which are recognized under,recognized under the Town and have not merged. MEMBER TORTORA: Are we talking about something in this Notice of Disapproval? TOM MCCARTHY- It is that particular issue of 100-244 is really where I state my case and it was listed several times in my response and in my application to the Zoning Board of Appeals that the reason for my being here is both the variance and an interpretation. MEMBER TORTORA: Okay, what about the provision in the Code that says where two parts of the Code are conflicting and more stringent part of the Code applies? TOM MCCARTHY: I don't know. I am looking at the nonconforming lots and I feel that the nonconforming bulk schedule was intended to address lots that are smaller than the standard bulk schedule. And in this case, the standard bulls schedule would say that this lot may be 40,000 square feet and we have less than that. So that anticipates giving relief from the main setbacks. MEMBER TORTORA: What you're asking for would be an exception to the way the Building Department has historically applied the Code in this matter, It would be a deviation from past practice. Page 3,August 22,2002 Transcript of Public Hearing Zoning Boaid of Appeals TOM MCCARTHY: I went to look at particular instances and have the opportunity to speak with him. CHAIRMAN.We have no problems with it. MEMBER TORTORA. That's entirely up to you. What I'd like to know a couple of things. I'd like to know really, why you need a 4800 square foot building. Because the size of the building is keenly tied to the degree of the variances that you need, so we asked this on several occasions, but I really don't have a clear understanding of why they need that size building. TOM MCCARTHY- I can let Mr. Chituk speak to that,but have you know that in addition to what he will offer to you,I know that he keeps his equipment and supplies and likes to keep them indoors or work on his equipment during the winter that needs periodic maintenance while he's not actively engaged in installing or servicing swimming pools. And he stores his goods in there;he stores his vehicles and his equipment. MEMBER TORTORA- That doesn't answer the question At the initial hearing that this question was asked, and it was asked by several Board Members, I believe, and correct me if I'm wrong,Mr. Chituk said that he would be storing two or three pool kits at a time. He indicated that the pool kits were eight foot wide by 20 foot long or 160 square feet each,or a total of 380 square feet. He indicated that he would have one truck on the property at the time. He indicated that he would not be doing any retail sales whether he would be storing some chemicals but very little. That doesn't get me anywhere near 5,000 square feet. You're original site plan indicates nine parking spots on the right-of-way, a loading dock, a ramp; on the side, a crushed concrete parking area near the office and on the north, a crushed concrete parking area near the loading dock and ramp. That does not indicate to me a small operation and that to this day; you have not been able to account for why you need 5,000 square feet. So I'm asking you to produce that for the record. That should not be a complicated matter. There are dozens of pool companies on the East End who could put that down in writing TOM MCCARTHY: Do you have an opinion Mrs Tortora, what size is appropriate for Mr. Chituk's business? MEMBER TORTORA: I'm asking you. I'm asking you to prove to this Board why you need 5,000 square feet. The burden of proof is not on this Board,by law it is on you You are requesting the variance. TOM MCCARTHY: I'm requesting an Interpretation first and I guess based on that Interpretation, then perhaps we need to re-shuffle our cards and take a look at the reasons why we were denied and what our relief may be from that and what Mr. Chituk would like to do. MEMBER TORTORA: You need 280 access,correct? TOM MCCARTHY: That's correct. MEMBER TORTORA: That's not an Interpretation. You need a rear yard variance. That's not an Interpretation TOM MCCARTHY: I believe the rear yard is set forth in the nonconforming bulk schedule additionally. MEMBER TORTORA: Then we're going to have to re-advertise for an Interpretation according to that. TOM MCCARTHY: My application is plan and it's stated that, throughout that Mrs. Tortora that I was looking for an Interpretation and additional relief if it was found,that a variance was required. BOARD SECRETARY KOWALSKI: I think Tom what happened was at the hearing, you asked for an Interpretation but it wasn't typed in writing. It hasn't been applied for in writing. That's why it hasn't been advertised. TOM MCCARTHY: My original application that was submitted to the Board. l Page 4,August 22,2002 Transcript of Public Hearing Zoning Boaid of Appeals BOARD SECRETARY KOWALSKI: Oh yes, you checked Interpretation here, but you didn't say the Section.You left the Section blank. TOM MCCARTHY: Okay, so we'll go another month and then maybe we can deal with that issue, if that's what the pleasure of the Board is. CHAIRMAN: I'm not sure we can deal with that issue. BOARD SECRETARY KOWALSKI. You're asking for an Interpretation of a 100-244B are you Tom? TOM MCCARTHY: 100-244A which,yes and B,the minimum standards yes. CHAIRMAN. Can I just say something Tom? TOM MCCARTHY: Sure. CHAIRMAN: And, of course, we're at the third hearing, when you file for an Interpretation you should do it as a separate application. Because when you do that we identify that aspect of it. Notwithstanding the fact that these nice people that are here tonight have issues that are totally different than what we're discussing. TOM MCCARTHY Absolutely. CHAIRMAN: And the problem is that when you embody it into an application, and I know that I've discussed this with you on the telephone, not the issue of the separate Interpretation application, but of the issue of your concern, concerning the discourse that you just gave Mrs. Tortora regarding your opinions of these issues But we should have had you do a separate Interpretation issue. We did that in Gardner's Bay Estates, and we've basically done it that way because what it does is, it stands out and those are issues that we may choose to hold the other application in abeyance until such time that these particular issues come to bear. TOM MCCARTHY: I can understand that, and appreciate that. It's not a new issue that I'm bringing up. It was on my original application We checked the boxes and I did ask for an Interpretation whatever you deem to be necessary But it was directly on here. CHAIRMAN: No, I'm gust saying it's my mistake as much as it is anybody else's because we should have told you to file separately for that. Okay. That was a mistake that I made Notwithstanding that mistake, if you're not willing to go forward with this until we make these Interpretations, and then let's make the Interpretations let's ask you to file that application separately and we'll hold this in abeyance until we deal with those two Interpretations Because,at this point, all we're doing is spinning our wheels. Okay TOM MCCARTHY: We'd like to be able to move forward, but we're looking for guidance as to what is applicable from this Board. Do we put the Board in the shoes of Mr. Chituk to say 5,000 is too big or 2,000 is too small. I think we all recognize that the underlying issues are not dust those of the setbacks in this particular application,although we're all hanging our hat on them. CHAIRMAN: Let me just say this to you, okay, and I have to say this to the general public in general. 1991 we had before us an application for a fast food restaurant. I'm nowhere comparing this to a residential community where there's an industrial piece of property that exists. For nine hours and thirty-seven minutes I listened to testimony. Over a period of three separate hearings. To this date, I still have people coming up to me and saying, why did you grant that? We granted it because it was allowed in the district. And that is the way we're still going with it unless some legislative change occurs that stops us from doing so. Please remember for everybody that is in this audience, that we are an appellate Board, we don't do legislative things. This Zoning is still in place as we sit before you, and that's the way it's going to remain Page 5,August 22,2002 Transcript of Public Hearing Zoning Boaid of Appeals again unless there's a change. What we're trying to do is to get this applicant to say to us, that maybe I don't need 4800 square feet. Maybe I need less. TOM MCCARTHY. I think I could ask Mr. Chituk to come up and speak with you and express his ideas. CHAIRMAN. But we're spinning our wheels if you want us to deal with the Interpretation first. And I know you've made that determination and several times both to me on the telephone prior to the actual submission of this application, and post the submission of this application; probably at every hearing that we've had. So I really think that we should dust have you make the application for the Interpretation. Let's deal with the Interpretation first and then we'll go on after we make that determination. I think that's really the way to go. I said the exact same thing to Mr. Bressler, exactly eight months ago on the Walz application, which I will not go into the merits on at this particular point in Gardener's Bay Estates and he came in and he said I need an Interpretation and I said well you're going to have to make it separately. And I think that's what we'll have to do at this point and I sincerely apologize for taking everybody's time, including yours,up to this particular point. TOM MCCARTHY: I have a question for you Mr. Chairman? CHAIRMAN: Right. TOM MCCARTHY: If Mr. Chituk this evening was to say, well 4500 feet is okay or 4,000 feet is okay or 3500 or 3,000 or 2500 or 2000,how would this Board proceed? What issues are there left to discuss while everyone is here this evening CHAIRMAN: The placement of the building on the property, the overall landscaping that's going to be done, the fencing that's going to be done, the gating that's going to be done, the paving of the right-of-way, the individual lessening of the impact of the speed of the cars or trucks on that right-of-way. Every issue that this community has shown will be addressed in that decision. And I will be chastised to the nth degree by the Planning Board because we will be doing some site plans at the same time, because we don't want it to leave here without site plan. I don't mean their definitive site plan, but the major site plan issues that would concern us under the actual construction of this site. TOM MCCARTHY: Mr.-Chairman you've made it clear that this will be a model building and we're in favor of doing that. If the Board is in favor of the alternate site plan and alternate site plan,we did supply a secondary site plan but you did not feel that perhaps were granted for necessitated different variances, then what was applied for CHAIRMAN: No, but what it did was it put the building back a little bit farther, I happen to like that particular one. TOM MCCARTHY: I think it works better for us. CHAIRMAN. I like the building smaller and that is. But I like it back farther and I like the huge yard in the front because it gives you more of an advantage to screen from these nice neighbors that are here. And quite honestly I don't give a didly about the variance aspect, as opposed to what the overall aspect of the building is going to look like in its finished fashion. TOM MCCARTHY: I'd be happy to take a seat and listen to any of the other folks that are here this evening as far as those substantive issues to give us direction on what may be acceptable to them and guidance from the Board on what may be acceptable to you. CHAIRMAN: What do you want us to do with the Interpretation? TOM MCCARTHY- I'd like to hear form the community and perhaps I can get up again after they have spoken after they have spoken to address any of those issues. I Page 6,August 22,2002 Tianscript of Public Hearing Zoning Board of Appeals CHAIRMAN: Okay. We'll start with the Community Attorney. Yes ma'am. I don't think I've had the pleasure of meeting you ma'am. I understand you're an attorney? REGINA SELTZER, ESQ.: I am Regina Seltzer. I'm delighted to meet you. Even though it is almost 10:30. CHAIRMAN: This is early for us Ms. Seltzer. Very early. This is dust the early twilight for us. REGINA SELTZER, ESQ.: I'm afraid that it's more than merely twilight for me I think you can hear me, can't you. CHAIRMAN: We can now REGINA SELTZER, ESQ.. All right. Let me say I'm not going to discuss any of the issues because it's clear to me that you are all extremely familiar with the issues and I'm going to let the people in the community discuss it. I'm an attorney. I'm representing Miss Cross, and I'm going to limit my comments to the legal issues that I perceive to be the case here. First of all I congratulate you. I'm really impressed with the extent of work that you all have done on this application. It's really very impressive. And I think the community is probably very, very pleased to know that you all taken the time to do that. Let me then just go quickly because it is so late into the points that I think are important. Under Town Law, Section 267, you have the authority to issue variances. What those variances do is they permit somebody like the applicant to do something that is not legal as far as the Code of this Town is concerned. But you're authority to grant that kind of exception to the Code isn't unlimited. And one of the limitations is those variances going to have any kind of adverse impact on the adjoining property and the adjoining community. I have to tell you that from the small amount that I have been able to gather from the information that I been able to research and from the community comments and from Miss Cross's comments, it seems to me clear that while this is now zoned L Industrial and you can indeed put an industrial building on here, it would be totally illegal to unconscionable to put in the kind of industrial structure that is being proposed. Now, first of all the fact that there are going to be chemicals stored there is an immediate signal that you have to be concerned because if there is a fire, if there is any kind of emergency that occurs, the fact that there are toxic materials stored there is an immediate danger to Miss Cross and to all of the people who live right near the lot. Now the other thing that I feel is really, really important for you to realize and perhaps you do realize it and if so, I'm sorry I'm being redundant is that Section 100-235A of the Town of Southold Zoning Code states that no building shall be erected on a lot that does not have direct access to a public street in accordance with Town Law 280A. I know you all know this, but I just want to emphasize that Town Law 280 states that no permit for the erection of a building shall be issued unless a street with an access to such structure has been placed on the official map and been suitably improved. This, as the applicant indicated, and as you all agreed, there is no street here This is a land locked piece of property. This is a right-of-way that was granted and that right-of-way on the assumption that this was going to be residential property and that these people who are using the right-of-way were getting in and out to their homes. There was never any thought or any intention of having trucks or any other kind of massive equipment I've measured that road, that road is a dirt road 15 feet. You couldn't get an ambulance in there. You couldn't get an emergency vehicle in there and part of Section 100-235 says that you're mandated to have a road upon which emergency vehicles can have access. It's impossible, there is no way whether they reduce the size of the building or not, there is no way that they can get emergency vehicles on that 15 foot road. The other parts that I believe are part of the application as far as the variances that they want, is what you are talking about, which is the setbacks and I'm not going to go into that since you've obviously discussed it at great length and the part which is 100-142 which is the bulk area in parking. Under your laws you have to have 40,000 square feet for an industrial site. And why did the Town say that? The Town says that and made that decision about 40,000 square feet because they are aware of the fact that when you have an industrial zoned area you are trying to make sure that it is not going to impact in any adverse way whatever the uses upon any of the adjoining property owners. This property is approximately 28,000 square feet. Why would you want to give this person, this applicant, and a variance at all? It seems to me that the Ll Zoning in this particular spot, was poorly thought out. But it's there now, and I agree with you that you do not have the right or the authority to change it But you also have no authority to give variances that are going to make no sense, that are going to go contrary to the intent of Page 7,August 22,2002 Tianscnpt of Public Heanng Zoning Board of Appeals your whole Zoning Code, that are going to adversely affect the safety and health and the welfare of Miss Cross and all of the people adjacent to it And unless there are some extenuating circumstances, and I don't know of any extenuating circumstances, and this if anything, is a self-created hardship because the person who purchased this property knew exactly what they were purchasing. It seems to me there is no justification none, to give this variance at this particular time, whether they reduce the size of the building or not for this use and I hope that you will all take all the things I said into consideration. I'm going to let the other people here who have come and who have spent all this time waiting, give you the opportunity of hearing their views. It is my legal opinion that there is absolutely no justification for giving a variance to this property at this time. Thank you. If you have any questions I'll be glad to CHAIRMAN: No we're going to reserve comment on those questions. Yes,Reverend how are you tonight sir? REVEREND FULFORD: I'm doing good. How are you? CHAIRMAN: I just had to explain to you the reason why this hearing ended up to be the last hearing. I apologize for that and I hope it doesn't affect your day tomorrow. I know it will effect my day tomorrow. REVEREND FULFORD: It's going to affect mine but I'm going to stick it out. But I'm going to say something tonight and then I'm just going to leave. I apologize for leaving you all here,but I just got to get back on the South side. My wife and I supposed to be taking our son to college, so she'll probably end up taking him with a friend,but I thought I end up rest up because I've been running all day. But I dust wanted to say tonight that I'm Reverend Cornelius Fulford, and I'm pastor for the First Baptist Church in Cutchogue and my whole concern is as a member of the church and also don't forget I live around that area. To go over what the lawyer was just saying, it was in the paper that a big deed was found me and the trustees Richard Turpen, if you read it. Now I got a call from our church lawyer and a long time ago the church owned all the property. But they cut it up in pieces and they sold it. And at the time they did, they did big deeds back then and a lot of times when you look at the papers of the Town of Southold,the church name was still on some of those deeds. So we go a call to appoint that Mr. bought the place, somehow that our name was on this,where it said we must be getting the land cleared so once you get your document paper and says you can sign it so you can clear the land. Anybody that buys land from the church standpoint from the road standpoint, then I don't want the church to be the one that keeps from anybody buying land that they can develop. So what we did was we went and signed the document to the point that our name was on with the street. At the same time they concluded somehow or another that the easement to the property. My concern is that that easement like the lawyer says was a dirt road and was used for them to get back and forth. It wasn't used for heavy traffic,because church would come out there. It was the side of the road to the church. So my concern always been is that this coming in the community and right on top of the development that's there because there's no other place to go then to me that is not safety for the people in the community and so I myself,I always try to be firm when it comes to people so I can look at the real thing, the benefit of the people that is in that area. That should be all that I am concerned about whatever is going in that area. That at this particular time we did not know also that it wouldn't be for somebody to start a business there. Because it was for access, easement for the residents. Because we came here and we also asked if you have an easement that the church owned is there any way we could stop anybody from getting in and out. The thing was that you can't land lock somebody from getting in their houses or whatever and so that's a way that the road was since it forces them to come there. Not for business and trucks to come there or whatever. So at the same time we own the road. So because we own the road, if somebody gets hurt and it don't have to be a member of our church (inaudible — speaking too rapidly) you never know what's going to happen. So if somebody get hurt from the company, from the pool company that that they're going to be in there working and going back and forth if somebody get hurt and even though he might have insurance and we might have insurance, but they're still going to sue us. And that is something that the church along with the members that does not want that to even go through. We don't want them bargaining suits and we know this because we own the road. So if I had the opportunity myself I would let nobody use that road no more than those people that are in there because it's just a dirt road its just an easement. It's not even a highway to go to the highway;it's dust an easement to go back and forth to their home. That's why we're here tonight and that's the reason why want you to think this out thoroughly. We want you to use the best judgment when it comes to that,but at the same time always Page 8,August 22,2002 Transcript of Public Hearing Zoning Board of Appeals think about the benefit of the people in that area. That's why a lot of people are down there, they have the information they feel that it's best not to. He met with us and we sat down with a meeting because he was even thinking about fixing the road up. Fixing the road up is one thing,but at the same time you still liable, or we're still liable because it's still not a public road that goes back and forth. If he puts his business there and then the house,he's going to have traffic and having trucks back and forth in there and at the same time people live there and raise their families there and their children there. And at the same time the church is there. So anything could possibly happen. So that's the reason why we are here tonight to voice our opinion. CHAIRMAN: Thank you Yes ma'am. Excuse me for pointing at you but that's the only way I can indicate that you're next VIOLA CROSS: I'm Viola Cross and I'm right behind the church, across from the property that is in discussion. Now I've lived there almost 20 years and it's a very quiet neighborhood, we don't have a lot of traffic and we have these children. Now I am a disabled person and also Mrs. Brown who is not here today she is disabled and she lives right in front of the property. Now with the chemicals and what have you being in there, it's not safe and we know it's not safe. And with the traffic that passes it's going to be something different because I'm used to being, I'm retired and I'm back there because it's quiet and nobody disturbs us. I am totally against the building because I understand it will be a steel building and to wake up in the morning and look at a big piece of steel is not going to be very relaxing. I feel that the people that have been there for years this being the only property in the 20's that people of color could buy, so we have been there, we have taken everything that has come along from that landfill and now that it's being recapped and they're fixing it up everybody wants in. I am totally against it and it will disrupt our mode of living. CHAIRMAN. Thank you. Yes? GWEN SCHROEDER: Hi, Gwen Schroeder, North Fork Environmental Council One of the issues that I know that you folks are not directly dealing with is supply of water to the property I dust, I want to read this into the record or at least summarize this letter from Steve Jones from the Suffolk County Water Authority to Josh Horton and they say the Water Authority is saying equivocally that they will not provide water to any new uses and they feel this commercial use is definitely a new use. In order to provide water to those commercial establishments that may crop up in that community, the Town would really have to look at the water maps again And they would have to go through the SEQRA process again and hold public hearings again. I know that the applicant has every right to pursue his application because the zoning allows him to. But I think the future of that whole area is in question. Nobody knows ultimately what the zoning will be there in the end and the Town, in fact, has hired or is in the process of hiring environmental consultants to do a land re-study for that area to see what the best possible use is. So I want to submit this letter from Steve Jones into the record and the other question I had was is it bothers me that the applicant can't quantify the amount of pool chemicals that are going to be stored at the facility and I have something here from the EPA and if he's going to be storing equipment and petroleum products, one of the problems that, and with my limited knowledge of pool chemicals, is that if it mixes with inappropriate substances that can be very volatile. I think that at the very least, there should be some clear ideas of what's going to be stored there, how much is going to be stored there, and I'm not sure all of this fall under your purvey but, personally I feel that this community has not been treated well by Southold Town. We really have to use utmost care with this application. I know that if a pool company was going to be in my neighborhood I would be very concerned. I think that Mr McCarthy is a very bright businessman and he knew going into this venture, what was at stake. I just ask that you consider these things in your deliberations tonight. Thank you. CHAIRMAN: Sure,I'm ready. MIKE DOMINO. Thank you very much. I am Mike Domino I'm a Southold resident and a member of the Anti-Bias Task Force, and with all due respect we listened here at this late hour to a number of discussions concerning the esthetics and the applicants and the attorneys that have been extremely cooperative. They agreed to information at previous hearings to members of this community. I'd like to remind you did not Page 9,August 22,2002 Trauscnpt of Public Hearing Zoning Boaid of Appeals oppose the commercial venture they just raised questions concerning safety, size of the building asked to provide documentation, why they needed such a big building, what were they going to do about a fire and so forth. And none of these have been provided at this point. I too,I share those concerns,concerns about the chemicals, concerns about the fire department. Also I'd like to raise the issue of traffic. And the traffic commission is studying this the landfill because it has been identified by Ty Cochran as a hotspot,and there have been numerous accidents there. Because of the down slope of the road the limited sight, the speed of the vehicles to put commercial venture there that it will have large trucks trying to move in to turn in on a road that's only 15 foot wide is not going to make the area any safer. Not only to the members of this community, but to everyone else who lives in the landfill/compost in the future? So I really question that you need to do that. I also want to mention that I'm going to grieve it. When someone comes before the Board they have to prove a hardship or should be able to prove a hardship when they ask for and that hasn't been demonstrated to my satisfaction. The applicant stands to benefit from the property no matter how it is sold. I would also like to mention a buffer zone. Very often we try to mitigate the impact on the community with buffer zones and these are never maintained or their bond in perpetuity. So we may be able to mitigate the situation in the initial stages. But it doesn't guarantee that this community will be safe or will be protected from hazards long term and that's a considering point. Because many of the issues that arise it deals with chronic not acute illnesses; and the last thing it seems to me that there's possibly a better use would be to re-zone this area that is now light industry to residential office. That would seem to be a better possibility for everybody including the applicant. Residential office seems to be better for everybody and we've still have LIO and we'd still have Agricultural you'd still have Commercial and you would have Residential Office. This is a point that the Anti-Bias Task Force has asked the Town Board to consider. I realize that you're not an appellate and that's not your responsibility. But I want to bring that point out that is open for consideration from this point on Thank you very much CHAIRMAN- Thank you Mr Domino. Is there anybody else? Mr.Wickham we'll be right with you. TOM WICKHAM: My name is Tom Wickham, Main Road in Cutchogue and I have personal knowledge over the years of many of the homes and families who live in that community The applicant in this hearing appears to have the right to put up a modest commercial building to support his business. The multiple variances he is seeking would, if granted, result in a much larger building,which would negatively impact the quality of life of the residents in that community. Those residents have a same quality of life rights as the rest of us But in this case, the Town has a special responsibility to insure their welfare because of the Towns ownership and decisions regarding the adjacent landfill. I urge the Board to express this responsibility by allowing the applicant only the building permitted without variances. CHAIRMAN. Thank you. Sir in the back? I would like, and I apologize for this but we would like to wrap this up in about 15 minutes. So yes ma'am? Lady in the blue. MRS : I'm I live in East Marion and I'm on the Anti-Bias Task Force and I'll only take two minutes. I am in some sense amazed that we have a contrast of people who were complaining about looking at an artistic esthetic deer at some distance, and we are considering having a community looking at a steel building as though the people in that community don't have an esthetic sense, which, of course,I would have to assume they do. And that although they had been literally dumped on for a number of years, they have done their best to make their own place as comfortable and as attractive as they can. So if you consider looking at the deer a reasonable complaint for their neighbors,I certainly hope you would consider a reasonable complaint for Viola not to have to look at the steel building including her neighbors. Thank you. CHAIRMAN: Who else would like to speak? Mr.McCarthy I guess you're up. REGINA SELTZER: I just wanted to ask would it be possible for you to put my name and address and send me any notification that you will have and any comments or any other things that you might have with respect to this hearing,any future hearing? CHAIRMAN- Ma'am, we're going to set that future hearing right now tonight, so you don't have to worry about it. Page 10,August 22,2002 t Transcript of Public Hearing Zoning Board of Appeals BOARD SECRETARY KOWALSKI• But we would still like to have your name and address. REGINA SELTZER: It's Regina Seltzer, 30 South Brewster Lane,Belcroft,NY 11713. Thank you very, very much CHAIRMAN: We're ready Mr.McCarthy. TOM MCCARTHY: Just a few comments based on the other speakers. CHAIRMAN• Let me ask you a question is the right-of-way 28 feet wide or is the right-of-way 15 feet wide? TOM MCCARTHY. The right-of-way is 28 feet wide. CHAIRMAN: It is paved at 15 feet or it is stoned. TOM MCCARTHY: It's traveled. I don't know exactly if its blue stone crushed stone, dirt. MRS. : May I clarify that since I've just been there? On the map and on your survey the driveway is marked 28 feet. If you actually go there, you will see that there are trees growing all along there. There's grass, that the actual walls able drivable area is 15 feet and it's dust packed dirt. And I'm sure if you have a bad storm,which we haven't had unfortunately for a while, it wouldn't be a mess and a muddy mess at that. I think they must really have a hard time keeping it, but they're doing a good job of trying to keep it nice CHAIRMAN: Excuse me sir,we're ready. TOM MCCARTHY: If you go to the right-of-way, our application is different because we're a commercial application and there's another 280A application that's before your Board. The Board and the Applicant has worked together to find a reasonable degree of improvement for the right-of-way, for whatever we see is possible. And we're willing to do that, because the right-of-way is 28 feet wide. So if the Board deems that it needs to be 16 feet whether it needs to be blue stone,whether it needs to be paved, if trees need to be trimmed, so that its 16 feet in height I believe also is a portion of the Code for emergency vehicles, we're willing to accommodate those requirements. CHAIRMAN. Okay MEMBER OLIVA: Emergency provision of the Code is 15 x 15. TOM MCCARTHY: 15 x 15, whatever it is we're happy to comply with that. I'm a little surprised,I know the Anti-Bias Task Force has been very actively involved with the church and I read the letter to the editor today and also in it from the other speakers that there's a proposal, that they would consider going to Residential Office. I don't know if the speakers have looked at what Residential Office will allow, you could certainly have a restaurant I believe in Residential Office. I don't know if you'd want to consider that sort of a change of zone application for that area because I think it would really compound the issues and compound the problems if you were to change that area to RO without changing some of the allowable uses within our. Mr. Wickham,I appreciate his comments, and his last comment only to allow a building,which would be allowed without variances. If this Board were to determine that the 100-foot setback from the right-of-ways as we discussed with Mrs. Tortora before is appropriate and the 70-foot rear yard is appropriate, that would give us a 30-foot negative building envelope. So I don't know what size building Mr. Wickham would propose to put on this property, because if the Code in the nonconforming section is to apply to this property and our front yard needs to be 100 our rear yard needs to be 70,we have a 140 foot piece of property, so I don't know what size Mr. Wickham was thinking about when he said whatever is allowable without a variance. Page 11,August 22,2002 Tianscnpt of Public Hearing Zoning Boaid of Appeals MEMBER TORTORA: That's kind of strange because I'm confused. Because the second plan that you gave us showed an 80 foot building,30-foot front and 30 foot in the rear,right? Is that right? TOM MCCARTHY: That was to require a variance. So if the comment was without a variance, and this Board says that I need to be setback 100 feet from the right-of-way, and the rear yard is 70 feet from the rear yard, that's 170 feet. I have a 140-foot deep lot that creates a negative building envelope of 30 feet. If we're looking at the bulk schedule setbacks and not the nonconforming bulk schedule setbacks. We're happy to work together with the community for buffer zones if the community,members of the community, I have not heard from this evening say yes, move the building, yes put it here, yes put it there, I'd like to speak with them and open that conversation which I believe we had several months ago. But at that time, it wasn't necessarily the location of the building which was their issue, it was the other things that are perhaps not being dealt with at the Town Board level about whether or not we should be left to do anything at all. MEMBER TORTORA- I'm not sure where to go because you requested an Interpretation before any action is taken and right now we're looking at the variance aspects, but you really don't want to address the variance aspects because you want us to do an Interpretation which really requires you to file a separate application. CHAIRMAN: That's my whole issue at this point. MEMBER TORTORA- And it would have to be re-advertised. I mean, you've kind of have our hands tied behind our back and,at the same time,we're saying,oh gee,let's go forward. TOM MCCARTHY- I appreciate you saying before I sat down before I mentioned that I would sit down dust to hear whatever the substitutive issues are of locating that building on the site and I'm still happy to discuss that with the Board. As far as front yard, rear yard and side yard setbacks go, I'd love to have an open conversation with the Board as to what the Board may feel is appropriate for the location of the building on the property or any members of the community that are here. I'm happy to have that conversation. But I haven't, to be honest with you, received any feedback from the Board except from the Chairman that he favored an alternative plan but we really didn't speak about what that alternative plan would be as far as the front yard, side yard, and rear yard. Because they would involve again, different variances than what we've applied for. So I'm happy to receive any feedback with anyone on the Board or in the audience has to offer to us if that means reshaping the site plan that would be more amenable. MEMBER TORTORA: The variance goes to the need for the size of the building. That is Town Law. You won't address that. You will not say why you need such a big building. You won't explain,you won't give any kind of analysis of it. TOM MCCARTHY: I'd be happy to have Mr. Chituk come up and speak what I did offer to you, and you said that I won't explain anything, is his trucks, his equipment and perhaps he can give you a list of what he'd like to have in building truck room to work on things. CHAIRMAN: Why don't you just have him submit it to us? MEMBER TOROTRA: We've been asking you this for three hearings MEMBER OLIVA: Mr. McCarthy what do you want first? Do you want the Interpretation or do you want us to address the variances? Which comes first? TOM MCCARTHY: I'd like to have a conversation with the Board and the community as to if we were to move the building, if we were to move the building which may in fact change whether we go for an Interpretation or a different variance, where would it be and what would be necessary in order to do that. Because I'm not willing to go back with come up with another scenario without feedback from this Board and from the community as to what may be acceptable to anything. Page 12,August 22,2002 Transcript of Public Hearing Zoning Board of Appeals MEMBER OLIVA: What the community is trying to tell you is that according to the Code this is an adverse to their health and welfare and safety. And,therefore, the variance should not be granted at all. TOM MCCARTHY: I understand that. MEMBER OLIVA: And that is, now how are you going to, you better sit down and discuss with the community what you feel is agreeable to both of them But I don't think that's agreeable to them at all. TOM MCCARTHY: I think we have to bring it to objective terms that are the Board can decide on an issue the variance is for, which I believe would be setbacks And I believe it has to be still to objective terms. CHAIRMAN: Can I say something? We're going to wrap this up on October 3`d, at a Special Meeting. Yes. We are going to finish this; it's going to be done. It's incumbent upon you to file a separate application for the Interpretation, if you so chose to of which we will advertise. I don't know if we'll advertise it for that night,but we'll advertise it. What I need you to do is to take that alternate plan, modify it,push it back closer to the rear of the property, or the side yard of the property closer to the fence of the landfill,but not to prevent fire vehicles from going in to the side of it,between the building and the fence. I need you to change the configuration of the exterior of the building and I need to see a nice landscaping plan in reference to what you intend to do around the per ferity of the property and the normal ingress and egress from the right-of-way and we will then, I'd like you to submit that plan and submit this plan to us no later than our next meeting which is around the 22nd of September so that we have time to look at it. And send a copy to counsel and we'll see what we can do with that plan. That's the best I can do for you at this time Mr.McCarthy to be honest with you. BOARD SECRETARY KOWALSKI: The only thing we would need to know before you recess this if he is definitely filing for an Interpretation and when are you going to put it on the calendar Because you'd have to put it on the calendar to have a decision before October 3rd CHAIRMAN: No there won't be any decision. BOARD SECRETARY KOWALSKI: So why are you recessing this to October 3rd if you don't have an application yet9 CHAIRMAN: I am leaving it open BOARD SECRETARY KOWALSKI• Without a date Jerry. You need a new Board resolution anyway, so you might as well do them together. CHAIRMAN. Well,that's the issue I'm not getting a determination. Are you going to file for a separate? TOM MCCARTHY: I need to be able to speak with my client and seem what the ramifications are of that versus moving the building. CHAIRMAN: Okay. MR. CHITUK: I'll move the building. I'll snake the building smaller and I'll move it. We won't have to go through that other thing. CHAIRMAN: Okay. That's it October 3`d;we'll see you then. SEE MINUTES FOR RESOLUTION OWNING BOARD OF APPEA �J Town Hall Office 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Email: Linda.KowalskigTown.Southold.ny.us or Paula.Ouintieri(a)Town.Southold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-1823 (alt. 9064) TRANSMITTAL To: Jerry, Lydia, George, Ruth, and Vincent DATE: A) / , /2002 / 'L REF: Hearing Date: — �� %O Z Appl. of ro T6 ( x ) Info attached for your information and review. gg:Z - ZX– Z&gloC d -30Z Thank you. Pages attached: �� �t �� �� G�° e�1 c �•l OWING BOARD OFAPPEALS zv Town Hall Office so 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Email: Linda.KowalskigTown.Southold.nl.us or Paula.0uintieri(@Town.Southold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-1823 (alt. 9064) TRANSMITTAL To: Jerry, Lydia, George, Ruth, and Vincent DATE: q/02'7 /2002 REF: Hearing Date: ��/ /0a Appl. of_ 5-0 1/D �AUA'ML SSL ( x ) Info attached for your information and review. z /,�AiLi�✓t'.1l oiA'. Thank you. In �PM . Pages.a-ff /had: ____ tau• ,-,„„ o'r�,.`- e_ -, �� • ' ; .'`'� z% � � ,� .s' `p.� c..' k,e''' Mk R 'Hy ,MANAGEMENT;• , ',,46520 County,Road 48 P,,+,, S6d.TH0LD, NEW'.YOR,K 1197,1" DAT (516).'765=5.815'; � � ` � o�� ''ti,� � �- `; '• • �"���''.Cr;_.: : -: - �'.�,�°�I�€,� , FAX ",765-58`lfsATTENTION �'. [ ,. '�P,1 •v-i ,' ii�l^1t"''"6•:,,. .��,`,>-.. 9 eq � lJi.{ >, WE?ARE SENDING YOU ©Attached ©'Wd6r,separate cover via the following"items. ' :❑ Prints , < ''` ❑ Plans ❑ Samples- ❑..Specifications ❑, Shop'iirawings i "-V t❑'Copy oftletfer, ❑_Chan,gei'drder - ❑ ' COPIES DATE NO. DESCRIPTION OCt ry MOOi D l eS THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections. ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS = COPY TO SIGNED: PRODUCT 240T if enclosures are not as noted,kindly notify us at once. REGINA SELTZER �— �J�A ATTORNEY AT LAW Y" 30 SOUTH BREWSTER LANE BELLPORT, N.Y. 11713 AUG 2 6 �2 631 286-8849 August 23, 2002 Board of Appeals Town of Southold 53095 Main Road POBox 1179 Southold, N.Y. 11971-0959 Re: August 22, 2002 Meeting Appl No 5084 -640 Church St. LLC. To The Members of the Board: With respect to the above referenced matter I would respectfully point out to the Board that even if the applicant paves the right-of-way, the Board can not grant the application. Town Law Section 280-a explicitly states that no permit for the erection of any building shall be issued unless a street or highway giving access to such proposed structure has been duly placed on the official map or plan. That means that the road must be an existing state, county or Town road, dedicated and duly filed and recorded. The right of way that is at issue here is not ml existing state county or town road and has never been dedicated Paving it, or improving it will not change its status as a right of way and consequently, it can not be used by the applicant as a means for access to its property. Please feel free to call if you have any questions. Very truly yours, i� United States Office of Solid Waste EPA550-F-01-003 Environmental Protection and Emergency Response March 2001 Agency (5104A) www.epa gov/ceppo/ ' EP- ' ,roti Safe Storage and Handling of �� Q Swimming Pool Chemicals �.' The Environmental Protection Agency(EPA)is issuing this Alert as part of its ongoing effort to protect human health and the environment by preventing chemical accidents. We are striving to learn the causes and contributing factors associated with chemical accidents and to prevent their recurrence. Mayor chemical accidents cannot be prevented solely through regulatory �J requirements. Rather,understanding the fundamental root causes,widely disseminating the lessons learned,and integrating these lessons learned into safe operations are also required EPA publishes Alerts to increase awareness of possible hazards. It is important that facilities,State Emergency Response Commissions(SERCs),Local Emergency Planning Committees (LEPCs), emergency responders,and others review this information and take appropriate steps to minimize risk. This document does not substitute for EPA's regulations,nor is it a regulation itself. It cannot and does not impose legally binding requirements on EPA,states,or the regulated community,and the measures it describes may not apply to a particular situation based upon the circumstances. This guidance does not represent final agency action and may change in the future,as appropriate. Problem packaged in"breathable"containers to avoid pressure buildup while in storage. A partial listing of pool chemicals includes Pool chemicals may become a hazard when chlorinated isocyanurates,lithium they become wetted by a small quantity of hypochlorite, sodium bicarbonate, water or when they are improperly mixed, potassium monopersulfate,hydrogen such as with other chemicals or reactive peroxide,sodium hypochlorite,calcium materials. Although the potential hazards hypochlorite, and certain ammonium, of swimming pool water treatment and brominated, copper and silver compounds, maintenance chemicals, also referred to as and muriatic acid. Pool chemicals involved "pool chemicals,"have been recognized for in fire or toxic vapor release are likely to some time,news media reports over the include those that add chlorine or a chlorine last five years still show a significant ion to the pool water for bacterial control. number of fires,toxic vapor releases, and Chemicals that release chlorine are among personnel injuries in which pool chemicals the group of chemicals that are classified as were a factor(See Table 1). oxidizers. These pool oxidizer chemicals include calcium hypochlorite, sodium A number of the pool chemicals, especially hypochlorite, and chlorinated those exhibiting oxidation properties,can isocyanurates. Other pool chemicals are potentially be highly reactive and capable used to control the growth of algae or of generating high temperatures, as well as fungus,to adjust the acidity or alkalinity releasing toxic vapors if improperly (pH control), and to clarify pool water. handled or stored. Reactivity may be triggered by water wetting the chemical, or Large,nonresidential pools may use by the inadvertent mixing of a pool chlorine stored as a liquid under pressure in chemical with an incompatible material. metal containers. The Chlorine Institute, Some pool chemicals are self-reactive over Inc.and the Occupational Safety and time,even without moisture addition or Health Administration(OSHA)provide mixing with other materials. The products guidance on the operation of pressurized of this decomposition may include chlorine chlorine systems (see Information tgas which may cause the corrosion of Resources section of this Alert). piping and other metal equipment in poorly ventilated areas. These chemicals are Hazard Triggers decomposed)and new chemicals of the same type. �� The mixing of pool chemicals with completely The purpose of this Alert is to provide guidance unrelated materials such as swept material from the floor, oily rags, and other miscellaneous materials associated with normal operating conditions and have been known to cause strong reactions with the routine tasks for storage and handling of pool potential for a resulting fire. chemicals. It does not address the precautions to be taken by first responders in case of a fire,a large Improper chemical mixing incidents have occurred spill, or the release of toxic vapors. when: • Tools and equipment used to handle one chemical Wetting: Under normal circumstances,pool were used with a different chemical before being chemicals are intended to be added to large cleaned; quantities of water. If,instead,a limited volume Spilled substances (e.g., from damaged (amount)of water is added to a chemical,an containers or from sloppy handling)and other unwanted reaction may occur,resulting in an miscellaneous substances on floors were swept increase in temperature and the release of toxic gas. up together and mixed; and Even a small amount of water splashed on the Containers,residues, ; wastes are disposed chemical may in some cases trigger a strong resulting in inadvertent mixing in disposal reaction. The main exception to this rule concerning containers or a waste disposal sites. water addition is when very large quantities of water are needed for fire fighting, as discussed below. Liquid chemicals,such as sodium hypochlorite Although the chemicals are usually packaged in (bleach),if spilled,can leak into other containers or plastic bags that are stored in sturdy cartons or seep into cracks in the floor. Liquids,because of drums,accidents have occurred when water leaked their properties, can create hazards not associated into damaged or open containers. with solid or granular products and must be carefully Possible sources of water entry have been traced to: handled. • Rain water from a roof leak or from an open or broken window; Hazard Control • Wet floor when the stored chemicals were not elevated off the floor; Facility management is responsible for knowing and • Leakage from fire suppression sprinkler system; understanding the hazards associated with these or chemicals and ensuring that pool chemicals are • Hose-down water generated during area cleanup. safely stored and handled. Hazardous substances are capable of being safely handled day-after-day There are other sources of water that may come in through a management system that ensures that contact with pool chemical packages, including high good,written procedures are prepared,posted, and humidity in summer weather. However,the effects followed by trained employees. Also,the facility of humidity are more likely to be slow-acting,with needs to be properly designed and maintained. the rate of temperature buildup and chlorine gas Finally, facility management should very carefully release being less severe. plan for emergencies and work with first responders to mitigate incidents that occur. Chlorine is corrosive to metals such as steel and copper. Instances have been reported where exposed Recommendations for addressing the major hazards water piping has become corroded causing leaks, associated with pool chemicals are described below. and also where metal storage shelves have corroded and collapsed, leading to chemical spillage. Keep Pool Chemicals Dry. Facility management should design and maintain designated areas for pool Improper Mixing: The most common pool chemical storage so that water does not come in chemicals are inherently incompatible with each contact with containers or packaging. other. Intentional or accidental mixing of incompatible chemicals is likely to lead to a Any evidence of potential water entry from the chemical reaction that may generate temperatures following possible sources should receive prompt high enough to ignite nearby combustible materials. corrective attention: Mixing can also lead to the release of highly toxic and corrosive chlorine gas. Reactions have also been traced to the mixing of old(partially For storage and handling of large quantities, see the • Roof,windows,and doors; American Chemistry Council(formerly the • Wall and floor joints; Chemical Manufacturers Association) Guidelines in • Water pipes or hoses and sprinkler systems; and the Safe Transportation,Handling, and Storage of • Drains. Dry Chlorinated Pool Chemicals-2001 listed under the Recommended Reading section of this Alert, You should look for ways to prevent water contact for guidance on stack height and separation of with stored pool chemicals such as: different chemical types and separation of oxidizers • Close containers properly; from combustibles. • Cover opened or damaged packaging; • Store chemicals away from doors and windows; Fire Prevention. Facility management should • Ensure that there are no roof leaks,open or prevent a chemical reaction ignition by avoiding broken windows, or leaks from water pipes, wetting or mixing chemicals as described above. hoses,or the sprinkler system; • Ensure that floors are sloped to keep water Avoid having combustible or flammable materials drained away; near the chemicals,particularly gasoline,oil,paint • Store chemicals on shelves or pallets to keep solvents, oily rags, etc. Do not allow ignition containers off the floor; sources,such as gasoline,diesel,or gas powered • Use waterproof covers on packaging; equipment such as lawn mowers,motors, or welding • Exercise particular caution to prevent water machines,in the storage area. Also, do not allow contact with stored chemicals any time water is smoking in the storage area. Review bulk storage, used for cleanup of floor areas near stored including packaging and storage locations,relative packages;and to potential for accidental contact with water, • Ensure that water will not back up from faulty or including sprinkler systems,rainwater,etc. clogged floor drains. Emergency Response and Fire Fighting. Facility Avoid Chemical Mixing. You should conduct a management should work with local first responders review of chemical storage arrangements and (fire departments,emergency medical teams) and the chemical handling tasks to identify situations where LEPC on emergency response and fire fighting. chemicals could be intentionally or accidentally LEPC contact information can be found at the mixed: website listed in the Other Useful Websites section. The Recommended Reading section provides • Separate incompatible substances;avoid storing sources of information on fire prevention and fire containers of liquids above containers of other fighting associated with pool chemicals. incompatible substances; • Do not mix old chemicals with fresh chemical, Note also that once started,fires involving pool even if they are the same type; chemicals are difficult to attack. Keep in mind that: • Consider separate, designated tools for each • Do not use dry chemical or halon-type fire chemical. Handle only one chemical at a time extinguishers where chlorine gas may be and make sure that tools used with one substance evolving. These agents react negatively with are not used with another unless all residues are chlorine. removed; • In extinguishing a fire, only large volumes • Use separate, designated containers for cleanup (copious flow)of water should be applied and of spilled materials to avoid inadvertent mixing then only by persons trained in chemical fire of spilled substances. Consult your local response. Caution must also be exercised to hazardous waste disposal facility for more protect against wildlife damage due to detailed information on proper waste disposal; contaminated water runoff. and Large quantities of water should be applied to the • Make chemical storage area housekeeping a burning combustibles to remove heat and for fire priority. Don't allow rags,trash, debris, or other intensity control. materials to clutter hazardous material storage Once started,the reaction of wetted or mixed area. Keep combustible and flammable chlorinated pool chemicals may continue substances away. generating heat,unless the material is cooled below its heat of reaction temperature or until all chlorine is used. Protective Measures Provide a means of ready access to water(e.g., safety showers,eye wash stations,etc.)for Pool chemicals can cause injury if they directly removal of chemicals that may accidentally contact employees; contact a person's skin, eyes,or respiratory or Consider appropriate first aid and coordinate digestive system. The chemical will immediately with local first responders and medical react when wetted by perspiration,tears,mucus,and professionals for treatment of accidental saliva in the nose,throat, and respiratory and exposure until professional medical treatment can digestive systems. Such injuries may occur from be provided; direct chemical contact with the skin or if chemical Avoid accidental ingestion by storing and dust in the air contacts eyes,is inhaled,or settles on consuming foods and beverages away from food that is consumed. chemical storage and handling locations, and Protect Employees from Exposure. Consult the ensure that employees wash before eating, chemical manufacturer's safety instructions as well drinking,etc.; and post the numbers for the local emergency responders,and medical practitioners as the Material Safety Data Sheets (MSDSs)for that are familiar with the appropriate treatment guidance on the appropriate personal protective for the chemical present. equipment(PPE)necessary to protect your employees. Also, share MSDSs with local emergency medical responders and practitioners. Information Resources The following protective measures address Recommended Reading conditions that may arise during normal operations or the execution of routine tasks. If,however, The American Chemistry Council has several additional information is needed for fire, spill,or guidelines: release intervention,we suggest that you contact the LEPC(see Other Useful Websites). Guidelines in the Safe Transportation,Handling, and Storage of Dry Chlorinated Pool Chemicals- See that PPE is kept clean,in proper operating 2001 combines and supercedes the 1995 editions of condition,and available for use when needed and the Guidelines for Safe Handling and Storage of that the following practices are observed: Calcium Hypochlorite and Chlorinated Isocyanurate Pool Chemicals and Guidelines for Safe Use basic PPE including, as a minimum,chemical Transportation of Calcium Hypochlorite and goggles and liquid impervious gloves, and boots for Chlorinated Isocyanurate Pool Chemicals. This any chemical handling activities. publication discusses product nomenclature; incompatibilities,hazards, and characteristics; For frequent or extended chemical handling storage;processing guidelines;personal protective activities, add a face shield and liquid impervious equipment; first aid; emergency procedures; apron or coveralls to the basic PPE. handling minor spills;do's and don'ts and emergency telephone numbers. This very clear and As a minimum,use a National Institute for comprehensive publication is also available from a Occupational Health and Safety(NIOSH)approved number of Chlorinated Pool Chemical(CPC)Panel air-purifying respirator,when airborne chemical dust member companies. It is strongly recommended or mist may be present. 29 CFR 1910.134 reading for those responsible for storage and Respiratory Protection covers the OSHA handling of pool chemicals. requirements for respiratory protection. American Chemistry Council For additional information on proper selection and 1300 Wilson Boulevard use of PPE,consult the OSHA regulatory standards. Arlington,VA 22209 In addition: Website: www.americanchemistry.com • Consider development of work practices to minimize dust generation and accidental contact with pool chemicals; l ` The National Fire Protection Association (NFPA) paper is available on CANUTEC's website and is has a bulletin for pool chemicals and a code for safe particularly recommended reading. storage of liquid and solid oxidizers: CANUTEC, NFPA Alert Bulletin—Pool Chemicals —1998,4 330 Sparks Street,Office 1401 pages—prepared for the fire services and others in Ottawa, Ontario, Canada K1A ON5 order to raise their awareness of hazards created by Website: pool chemicals stored in retail establishments. This www.te.gc.ca/canutec/en/articles/documents/loo Alert bulletin discusses two major fires where pool ol.htm chemicals were stored. It also gives details concerning two types of fire suppression equipment EPA's Chemical Emergency Preparedness and that should not be used for fires where pool Prevention Office has previously written an advisory chemicals are involved. targetted at LEPC's concerning chemicals used at swimming pools that may release chlorine: NFPA 430,Code for the Storage of Liquid and Solid Oxidizers,2000 edition—16 pages. The Advisory: Swimming Pool Chemicals: Chlorine, 2000 edition was revised to include a section OSWER 90-008.1,June 1990. This publication is addressing storage and handling at retail stores. It available from the EPA provides a number of useful definitions including the National Service Center for Environmental definition of Class 3 Oxidizers which include most Publications(NSCEP). pool water treatment chemicals. NFPA 430 also points out the hazards associated with not only the U.S.EPA/NSCEP use but also the presence of dry chemical or halon- P.O.Box 42419 type fire extinguishers in an area containing Cincinnati,Ohio 45242-0419 oxidizer-type chemicals. NFPA 430 also points out Telephone: (800)490-9198 the ineffectiveness of any extinguishing system that relies upon a smothering effect since the oxidizer Other Useful Websites chernicals do not require air to maintain reaction. LEPC Database This database is a list of the National Fire Protection Association LEPCs in each state,including where appropriate, 1 Batterymarch Park links to state websites. Quincy,NIA 02269-9101 http://www.ei)a.gov/cgppo/lepclist.htm Telephone: (617)770-3000 Website:www.nfba.org Statutes and Regulations The Chlorine Institute has several pamphlets of interest, including: In addition to the recommendations for improved hazard control,you may be subject to certain Sodium Hypochlorite Safety and Handling, regulations. In particular,you need to determine Pamphlet 96,May 2000 whether the following regulations related to emergency planning,release reporting,and The Chlorine Institute,Inc. hazardous materials worker protection are applicable 2001 L Street,NW. to your facility. Washington,D.C. 20036-4919 Telephone: (202)775-2790 EPA Website: www.cl2.com Emergency Planning& Community Right-to-Know The Canadian Transport Emergency Center, CANUTEC, has written an article in response to the Emergency Planning [40 CFR Part 355]- calls received from individuals and fire departments Facilities that have listed substances above a requesting information on pool chemicals. specified threshold quantity must report to their LEPC and SERC and comply with certain Swimming Pool Chemicals-revised September requirements for emergency planning. 1999-by Jacques Savard,Ph.D.This paper covers Emergency Release Notification[40 CFR Part spills,disposal,neutralization,and first aid. The 355]-Facilities that release listed chemicals over f f reportable quantity must immediately report the release to the LEPC and the SERC. • Hazardous Chemical Reporting [40 CFR Part For More Information: 370]-Facilities that have listed chemicals at or above threshold quantity must submit MSDSs to their LEPC, SERC,and local fire department and Contact the Emergency Planning and comply with the Tier I/Tier II inventory Community Right-to-Know Hotline reporting requirements. (800)424-9346 or(703)412-9810 • Toxic Chemicals Release Inventory[40 CFR Part TDD (800) 553-7672 372]-Manufacturing businesses with ten or more employees that manufacture,process,or Monday-Friday, 9 AM to 6PM, Eastern Time otherwise use listed chemicals above an applicable threshold must file annually a Toxic Chemical Release form with EPA and the state. Visit The CEPPO Home Page on the World Comprehensive Environmental Response, Web at: http://www.eya.gov/swercepy Compensation, and LiabilityAct • Hazardous Substance Release Reporting[40 CFR Part 302]-Facilities must report to the National Response Center any environmental release which exceeds reportable quantities. A release may trigger a response by EPA,or by one or more Federal or state emergency response authorities. OSHA Hazardous Waste Operations and Emergency Response Standard[29 CFR 1910.120]-Facilities must comply with worker protection requirements for emergency response operations for release of,or substantial threats of release of,hazardous substances. Process Safety Management Standard [29 CFR 1910]-Facilities with highly hazardous substances in quantities at or above a threshold quantity are subject to a number of requirements for management of hazards,including performing a process hazards analysis and maintaining mechanical integrity of equipment. Hazard Communication [29 CFR 1910.1200]- Facilities are required to evaluate the potential hazards of toxic and hazardous chemicals. Employers transmit this information to their employees. For additional information on OSHA standards contact OSHA Public Information at(202)219- 8151.Website: www.osha.gov Table 1 Recent Incidents Involving Swimming Pool Water Treatment Chemicals Month City State Brief Description of Incident Effect Year February Elizabethtown, Fire and smoke from a storage facility that Local school closed early to 2000 Tennessee contained chemicals including swimming relieve traffic congestion; local pool water treatment chemicals. The fire residents advised to remain was in an area isolated from the pool indoors. No injuries reported. chemicals,however particular precautions were taken to prevent the pool chemicals from becoming involved. October Avon, Fumes released from container of a strong School evacuated.No injuries 1999 Indiana acid that was being used to clean a high reported. school swimming pool. August Burlington, A pallet containing 400 lbs of calcium Five warehouse workers were 1999 New Jersey hypochlorite spilled at a warehouse. The hospitalized from the toxic gas spill was caused by the corrosion of steel exposure.Twenty-four others shelving on which the material was stored. were treated and released. The spilled material mixed with other incompatible materials,resulting in fire and release of products of combustion and decomposition including chlorine gas. August Bergen Granular chlorinating material, similar to Released vapors sent 28 1999 County, that used for swimming pool water government workers to area New Jersey treatment, spilled while moving a container hospitals. in a warehouse. July Richmond, Chemical exploded as it was prepared for One employee injured. 1999 Virginia release into apartment complex pool. June Cleveland, Toxic fumes released at local community Two fire fighters and two others 1999 Ohio center swimming pool,when pool water injured and area evacuated. chemicals including muriatic acid were inadvertently mixed. February Fort Worth, Fire, smoke and vapors released from large Warehouse destroyed.No injuries 1999 Texas warehouse containing pool chemicals and reported;residents told to remain other materials. The cause of the fire was indoors. not reported. December Auburn, Small explosion and vapors were released Four minor injuries. Waste 1998 New when about a cup of swimming pool treatment station shut down. Hampshire chemical was improperly disposed of at a regional waste treatment station. July Dayton, Toxic cloud was generated when muriatic Nine people sent to the hospital. 1998 Ohio acid was inadvertently mixed with a chlorinator product at local community center swimming pool. June Watervleit, Water leaking from sprinkler system Nearby residents evacuated as a 1997 New York wetted water reactive pool chemicals, precautionary measure. starting fire at pool chemical storage, repackaging and distribution building. Smoke and chlorine gas released into building and area. July Chatsworth, Fire and toxic vapor release at a swimming Three people were injured and an 1996 California pool supply facility was attributed to eight-block area was closed to improper mixing of muriatic acid and traffic. sodium hypochlorite(bleach). 'Al cCAR' DIY anagement, Inc. 46520 Route 48, Southold, New York 11971 (631) 765-5815 (631) 765-5816 FAX up 1 ,� V G�° �F c C� � U�� VLe'e � ! � June 10,2 2 L . -- - C Attn: Gerard P.Goehringer-Chairman Board of Appeals Southold Town Hall 53095 Main Road P.O.Box 1179 Southold,NY 11971 RE: Amendment on Appl.#5084 640 Church St.LLC Dear Mr.Goehringer: Per our previous testimony in front of your Board Mr.Chituk is in agreement to improve the right of way from CR 48 to the Northerly edge of our property line with an RCA or bluestone material and maintain the same. Thank you. ince 1 , Thomas J.Mc enc -s I � Construction Management • General Contracting • Custom Homes CAIS 1 1 Y anagement, Inc. 46520 Route 48, Southold, New York 11971 (631) 765-5815 (631) 765-5816 FAX _ 'INF, June 10,2002 Attn: Gerard P. Goehringer-Chairman Board of Appeals Southold Town Hall 53095 Main Road P.O.Box 1179 Southold,NY 11971 RE: Amendment on Appl.#5084 640 Church St.LLC Dear Mr.Goehringer: Per our previous testimony in front of your Board Mr.Chituk is in agreement to improve the existing traveled right of way for a width of 16'.This would begin at CR 48 and run to the Northerly edge of our property line and would consist of an RCA or bluestone material and He would maintain the same. Additionally,we would like to request that the Board place us on the July agenda vs. the August agenda. In our opinion,a two month delay will not bring new issues or concerns to light that have not been previously aired and put into the public record.We are ready and willing to deal with any issues that have previously been raised and look forward to the Board's continued cooperation. Thank you. Sin41y #! Thomas J.McC h enc Construction Management • General Contracting • Custom Homes TRANSMITTAL M' ` D TO: ZBA Chairman and Mennbers FROM: A Office Staff DATE: //pa SUBJECT:- File Update With reference to the above application, please find attached the following new information added to the official ZEA office file: ---------------------- - ------- Comments: --------------------------------------------------------------- --------------------------------------------------------------------------- Number of Pages Attached: -_______________ TrMemo.doc ,vZr To: Supervisor Horton and Town Board JUL From: Tom Wickham and Craig Richter Date: Jul 15 02 �"\ Re.: Discussion with communityalong Tuthill Rd, S of the landfill We were asked at the Jul 2 Town Board meeting to meet with members of the community living in the Tuthill Rd area S of the landfill and address their concerns. This note summarizes a meeting at the First Baptist Church on Jul 15 between approximately a dozen members of the community, the pastor of the church, and the two of us. Community members would like to have the Town restore the residential zoning that they say . existed on that area prior to the 1989 zone changes, which they maintain were made without their knowledge or consultation. Some of them also expressed specific grievances regarding problems that compromise the quality of life there, namely: • A lowlying area between the Town's entrance to"the landfill and the church parcel, which is prone to flooding and needs a sump; • The compost pit being constructed within just a few feet of their homes; and • Only a flimsy fence protecting their kids from falling into the compost pit. They expressed appreciation for public water and the landfill capping project, but pointed out that both were a long time in coming. We said that we could not speak for the Town, but we thought that a zone change for this area would be difficult to achieve for a number of reasons. While a zone change is not out of the question, we explored other options assuming that the current LI zone remains. We outlined three approaches that we thought the Town could follow in considering the issue: 1. Any resident who wishes to continue living there should have the right to do so indefinitely, and the Town has the responsibility to look after their health, safety and welfare as it does for all Town residents; 2. The Town would make every effort, through the various regulatory boards, to ensure that businesses located in the area operate in ways that are compatible with residential homes; 3. The Town may consider helping those families who wish to relocate to other parts of the Town, including the possibility of financial support to make possible a relocation at no net cost to the family. cc- Town Atty, Plamling Officeonmg Bd Office 2Solid Waste Coordinator, Conon Dvlpmt. WOMENVER IN CONSATION i 1 J �'C P. O.Box 752 L" Greenport,NY 11944 �----— i June 24,2002 Mr. Steve A. Costa,P.E. Suffolk County Department of Health Waste Water Management Suffolk County Center, Room S-238 Riverhead,NY 11901 Dear Mr. Costa: Women in Conversation is a group of North Fork women who are concerned with the effect of various public actions that affect our neighborhoods. We have learned of a situation in Cutchogue affecting a neighborhood adjacent to the Southold Town landfill. We would appreciate your input with respect to several health-related concerns affecting this area. Pending before the Southold Town Zoning Board of Appeals is an application for Eugene Chituk and Tom McCarthy who seek to build a warehouse on land zoned for light industrial use. The project number is 5084.- Section 96,Block 1,Lot Number 11.1 filed by 640 Church Lane LLC. Since that land was leveled;neighbors along Church Lane have experienced flooding,and now have concerns about the possible effect of the warehouse project on the quality and flow of the water in the area. They are also concerned.about plans to house swimming pool chemicals in the building and wonder whether there are health hazards related to that plan. We have several questions relating to your possible oversight of this project: 1.) Has an application been filed with the Department of Health for this project? 2.) If so, are any variances necessary to the project proceeding? 3.) If an application has been filed,has it been reviewed? 4.) Do the neighbors have any recourse in terms of being heard by the Health Department Board of Review on this proposal? Any information you can render with respect to the status of this project vis-a-vis your area of oversight, would be very much appreciated. Because this matter is moving forward with the Town Zoning Board of Appeals, your immediate response to this inquiry would be very much appreciated. Cordially, Lynda S. Clements Women in Conversation cc: Joshua Y Horton, Supervisor, Southold Town Board, Gerard P. Goehringer, Jr.,Chairman, Southold Town Zoning Board of Appeals WOMEN IN CONVERSATION2 h 6 )1 P.O.Box 752 V�1 Greenport,NY 11944 __.- --- June 24,2002 L___ Ms. Debra O'Kane,Director North Fork Environmental Council P. O. Box 799 Mattituck,NY 11952 Dear Ms. O'Kanc: Women in Conversation is a group of North Fork women who are concerned with the effect of various public actions that affect our neighborhoods. We are rallying behind a group of people who live adjacent to the First Baptist Church near the town landfill in Cutchogue. They are fighting plans to build a warehouse at 640 Church Lane that you may have read about in the June 13 issue of THE SUFFOLK TIMES. The community has several environmental concerns and hope you might be willing to assist them in their efforts to stop the building application of Eugene Chituk and Tom McCarthy that is pending before the Southold Town Zoning Board of Appeals. At the same time,they would welcome your involvement in their concurrent campaign to rezone this neighborhood back to residential rather than light industrial use. Environmental concerns include: 1. The potential danger of swimming pool chemicals to be stored at the warehouse. 2. Exhaust fumes from tracks entering and leaving the warehouse. 3. Potential waterflow problems resulting from such a large structure being located in an area that has only had Suffolk County Water Authority access for a matter of a few months. 4. Potential contamination of the water from chemicals stored at the warehouse. '5. Danger from flooding of nearby homes because the vegetation that helped to alleviate that problem before,has been removed to level the ground for the warehouse project. We would be pleased to meet with you at your earliest convenience to discuss the situation in depth. But we need to move rapidly since the ZBA is pushing forward with its consideration of the Chituk-McCarthy application(Project#5084, Sect. 96,Block 1,Lot No. 11.1 filed by 640 Church Lane LLC). Please call 734-2587 at your earliest convenience to discuss our setting a meeting. Thank you. Cordially/,(� Lynda S. Clements Women in Conversation cc: Joshua Y.Horton, Supervisor, Town of Southold Gerard Goehringer, Chairman,Board of Appeals L,A' FILE UPDATE DATE: ZBA FILE#AND APPLICANT: o (off NEW INFORMATION/FILE UPDATE: Date of Board Resolution: M� a, d 0 2 Status at Hearing or Other Review"* w* /� l rc�G � aj_e�t G. /n 7v 3 — ` Items Received: �ol L-Yx 116102- Other 16/02Other Items Pending Submission to ZBA File by Applicant(s). 1. �l i n d- 2. C J 3. Ij 40 i 8 �! 02, 04 -4F TRANSMITTAL `�,WdCARTHY WANAGEMENT,``"' }�-- ,46520 County,Road`48 SOUTHOL-D,'AEWkYORK 1.1971 {'? ``�,t` '' i ��,`'� �� s _ tc t ;- .. j $ a,1'4; .. -_.`.._."P1) '�r� t 1y r`..iA•°� r -. ���.>.,,,; , t °f$'t }`R - $id� =r t ,DAT 'JOB NO. ' �.(516)•J65'5815 t 1 tt . [YY�� �J+ t., ipr ;FAX(5.16)`'765-5816 ' • �` ,• :i '� °.>'t ,ATTENTI• N ,l•Q' t ,a', k ' ""..-,- �---�f i FSE: , WE ARE SENDING YOU ❑,Attached° ❑.Urider separate cover via the'following.items:^ 4.." ❑, SFiop'-drawings; ❑ Prints LL' `; , ❑ Plans D Samples' , ❑ Specificatioris. # rN ' `' ❑,Copy of letter:, ❑ 'Change order' 11 COPIESDATE NO. DESCRIPTION � 6' i ► f V v�'J � o - b D -� a t o 1bu(I I NAA 0 P OWN zffeon THESE ARE TRANSMITTED as checked below: ❑ For approval - ❑ Approved'as submitted ❑ Resubmit copies for approval '❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment -❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: PRODUCT 240T if enclosures are not as noted,kindly notify us at once. f' APPEALS BOARD MEMBERS VF,fO( Southold Town Hall' ,Gerard P. Goehringer, Chairman �� y� 53095 Main Road Lydia A. Tortora y z P.O. Box 1179 George Horning ^+ Southold,New York 11971-0959 Ruth D. Oliva ZBA Fax(631)765-9064 Vincent Orlando l �a Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD May 21, 2002 , Mr: Thomas`J. McCarthy McCarthy Management, Inc. 46520:C:R:-48 Southold, 'NY, 1,1971 , i' Re: .640 Church St. LLC = Dear, ' Thank,you for submitting surveys for board review and the official file. In reviewing the survey, however, it is noted that a clear right-of-way access to the lot has not been confirmed and will be necessary as,part of the board's review. 'Would- you please furnish an original and six (6) prints of 'a'title, survey• "' showing the legal access to the property from the County Road, and also furnish copies of the deed which conveys the right of access. A written letter or separate application form will be needed requesting a variance under Town Law, Section 280-A. "` This amendment is included under the $600 filing fee paid under Appl. . No. 5084. Once 'the application has been amended and the- above'' information - furnished to the Board, a new notice of hearing, certified mailings, and publication will follow as required under, Chapter 58. When written comments, have been forwarded to our Department regarding the new site plan application (to be filed ,with the Planning Board), the variance application will be returned to the hearing calendar. Please feel free to call if you have any questions regarding this procedure. 'Thank you. Very truly yours, erar . Goe ringer ' Chairman Page 12,April 18,2002 ZBA Public Heanng Transcript ( � Town of Southold r CHAIRMAN: Is there anybody else that would like to speak in favor or against this application? Seeing no hands I'll make a motion closing the hearing reserving decision until later. Mr. Brakm that's it you're welcome to leave Sir. SEE MINUTES FOR RESOLUTION 6:04 p.m. Appl. No. 5084 — 640 CHURCH ST., LLC. This is a request for a Variance under Sections 100-143.A and 100-142, based on the Building Department's January 10, 2002 Notice of Disapproval. Applicant is proposing to construct a new building located in the Light Industrial Zone District, with a building frontage (width) greater than 60 ft. long, and at less than 70 feet from the rear property line, at 640 Church Lane, Cutchogue; 96-1-11.1. TOM MCCARTHY: Good evening, Tom McCarthy, McCarthy Management, Southold. I am a principle on the 640 Church St. LLC, one of the principles that owns this property, this application. The gentleman we are presently contracted to sell this property to is Mr. Gene Chituk, Chituk Pools in"Cutchogue who runs a pool construction business. He is a local gentleman. He is looking for a place to operate his business out of. He is presently renting space in Cutchogue and he is looking to become an owner and put up his own building and operate out of his own site. Just a little background on how we carne to this point. I happen to own this piece of property and have been before this Board numerous times and are fairly familiar with the zoning code of Chapter 110 of Southold. When Gene came to me what sort of a building can we fit on this property in order to house my business? And what I did is, I went to the zoning codebook that we have and looked at what our front, side and rear yard setbacks should be and the length of the building. And I counseled Gene, and with a little bit of egg on my face at the moment, because the Building Department has sent me to the Zoning Board saying that my application is not allowable because of zoning. The zoning code, the reason why I'm here, is for a non- conforming front and rear setbacks, as well as, the distance from the street. I would like to deal with the first two issues, which is the front and the rear yard setback. The zoning code falls into the bulk schedule at the end of the code and it deals with conforming lots, in this case, light industrial district 40,000 square feet minimum lot area. For those lots that don't conform to bulk schedule, it tells us that we need to go over to 100-244 non- conforming lots. And the purpose of that section of the code is to provide minimum standards for granting the building permit for the principal buildings of lots which are recognized by the Town under Chapter 100-24 are non-conforming and have not merged. This lot has not merged and is non-conforming because it has less than 40,000 square feet of lot area in a 40,000 square foot zone. So looking at the code it tells us, within 20,000 and 49,999 feet our front yard setback is 40 feet and our rear yard setback is 50 feet. I thought that was pretty unambiguous. It doesn't say, as the Building Department has determined, that these non-conforming lots are only residential non-conforming lots. The building code does not say that this is only used for residential properties. In a light industrial district, a non-conforming lot and my application I thought, complies with the front and the rear yard setback, as dictated to us in the code. The Building Inspector doesn't feel that way, and that's one of the reasons why we're here and I differ with him in that interpretation. And the very reason why the site plan, as submitted, has the front and Page 13,Apul 18,2002 ZBA Public Heanng Tianscnpt Town of Southold the rear yard setbacks as they're shown, is so that we didn't need to come to this Board. That we didn't need that of a Variance. We are not looking for something that was not allowed in zoning We weren't looking to ask for anything special, we're looking to comply with the code and we're not here to say we're looking for some sort of special treatment. We're dust looking to say this is what the code allows us to do, and that's what we'd like to do with this piece of property. A little bit of history, if I may on the property. The property itself was purchased by the Trustees of the First Baptist Church in Cutchogue from the McBrides and I have a deed going back to the 15th day of December 1925. 1 would like to just offer that the Board if I may and it shows the parcel in the works. I say the parcel in works, the Church over the course of time had sold numerous parts out of their entire parcel that they held and this is in the District 96-1 and we happen to own 11.1. But the surrounding properties in that area are all part of that parcel that they bought from McBride which was done prior to meeting the approval of the Planning Board of the Town and it was done by deed. There have been several mistakes in some of the deed descriptions, but they tended to work themselves out over time. I also submit to you, this is actually a map that the town sent to me regarding the takings at the dump, the landfill. And it actually shows these properties and it shows some of the properties that needed temporary easements from the town and it describes how we get to our piece as a private right-of-way. MEMBER OLIVA: Who owns the right-of-way? Doesn't the Church? TOM MCCARTHY: The Church owns the right-of-way. Its actually, its an unusual piece of property because of the way it had been subdivided over time. The property that the Church owns that they're left with as a remainder parcel is actually in a Z shape and they transferred out of other parcels over the course of time. And it's not very distinguishable just looking at the Tax Map initially. If you look at it highlighted, you can see where the Church still remains. So we have, in our deed, a right to travel across that 28 foot right-of-way that the Church when they sold the parcel initially, they granted the right to travel across the right-of-way to the initial holder of the property and that has been subsequently transferred down through the channel title across the years to myself. I'd like to make a clarification this evening, and that has to do with the address of the property. I've made a mistake with the address of the property and it's only through a little bit of research that I found that out. I looked at the Town Property Tax Card and that's how I based my decision on how we were describing this piece of property and its listed as 640 Church Lane. Then it goes on to say that the parcel that's abutting my parcel to the east is a private road. I just like to offer that to you. They don't say that the parcel that's abutting my property is Church Lane. Somewhat leading into the issue of a street and where the street happens to be. I believe that the address at one point was 640 Church Lane and actually mistakeningly created the LLC and we called it Church Street. But I feel that it's neither. In just going down and taking a look at any of the town records and I can't really find Church Street listed as a town road. The only thing that I can find that has some semblance to Church Street, where it is and what it is, I'm sorry Church Lane, where it is and what it is, is the picture I took this evening right in front of the Church and Church Lane is actually a piece of property that runs to the east side of E the Church, not this particular right-of-way. It has a sign there. That's a view looking up Page 14,Apnl 18,2002 ZBA Public Hearing Tianscnpt Town of Southold Church Lane. And Church Lane came into being, it had been an access road for the Town of Southold running to the cast of the church right into parcel which is now part of the landfill because the Town did not own the entire frontage that it owns on Route 48 right now. They only had an access point there when it went back and opened up to the landfill. Subsequently, they acquired other properties along Route 48 and created the entire frontage that they have. It is my opinion that Church Lane is the former access road that went back to the property in the rear, which was the landfill, and it's not the right-of-way that we're speaking about. I have a survey from takings of what was County Road 27 and it was done Suffolk County Department of Public Works, which actually shows the Town of Southold flag lot, as well as the adjacent properties on 48. This actually shows a little better detailing right at the entrance to where Church Lane comes next to the Church. CHAIRMAN: Mr. McCarthy, we need to speed this up a little. TOM MCCARTHY: The reason why I'm getting to the issue of Church Lane and the issue being where it is, is that I don't feel that it's a street and this is the third reason why I'm here. I've been denied a Building Permit because under the opinion of the principle- building inspector I had more than 60 feet of frontage on a street. I don't believe I'm on a street. I believe I'm on a private right-of-way. That private right-of-way is not a street. And even Church Lane is not listed in Southold Town Roads. Which happens to go to what is a definition of a street. It needs to be listed on the Town listing. In order for the provision to apply according to the Code, it needs to be a street, which is an existing Town, County, State or Highway, which we don't have, street shown on an approved sub- division, we don't have. A Street shown on a map filed with the County Clerk, we don't have. And a street shown on the Town Official Map, which we don't have. MEMBER TORTORA: Sounds like you read an interpretation that this Board did a couple of years ago. TOM MCCARTHY: To be honest with you, this is my opinion. I understand we are going to hear from some of the other folks that are here tonight and have to address whatever questions,but, in my opinion, I don't feel I should be here. MEMBER TORTORA: On the issue of, its going to take us time to review all of the documents, and I will, I will go through them very thoroughly to review them to see if it is an official road. If it is not an official road, and it is not a street, then the Board has in the past, usually concurred with on this. If it's not on an official snap, it's a private right- of-way, you have a deed to the right-of-way, and then we'll go to that issue. What you're asking for is essence, is a reversal of the Building Department's determination that the bulk schedule should apply to a non-conforming lot. TOM MCCARTHY: I don't believe that I need a variance according to the code, but that's up to you to decide. I believe that I conform to the code in all three aspects of why I'm here. Page 15,April 18,2002 ZBA Public Heanng Tiansenpt Town of Southold MEMBER TORTORA: Okay, now I'm going to cast back to Jerry in the event that the Board does not agree with you and is not willing to reverse the Building Department's determination, which you addressed the area variance so you don't have to come back. TOM MCCARTHY: I'd be happy to do that MEMBER TORTORA: For the rear yard setback and also, the width of the building because that is definitely not a reversal that it is the way it is. The third thing is to address, taking that 100 feet and knocking something off of it. TOM MCCARTHY: And what would the basis be, knocking off of it, if it were not a street? MEMBER TORTORA: Because whether it's a street or not, the width of the building would still exceed the code. You're talking about the setback correct? TOM MCCARTHY: Three issues, front and rear yard setback, which might conform to the non-conforming bulk schedule. The definition of a street and the portion of the code that says that you cannot have any more than 100 feet of building facing the street. We have 50 feet facing 48. MEMBER TORTORA: The Board has not dealt with this particular type of thing before, but the bottom line is that we're always required to grant the minimum variance necessary. The burden of proof is on you to prove why this building cannot less than 100 feet long. TOM MCCARTHY: If I were seeking a variance? MEMBER TORTORA: Correct. TOM MCCARTHY: In my opinion, my impression is I would be happy to speak with you regarding that, if you find that the law is not in my favor, that says that all things that are presented to you to night defines that as a street and I need to comply with the 100 foot. CHAIRMAN: I think what we can do is we can ask you to do at this point is, reduce it to writing. TOM MCCARTHY: You'd have me do that? Speaking with Mr. Chituk also this evening and the very reason why we have this particular site plan is so that we did not need a variance. There are other locations that maybe we can take and turn this building so perhaps it would be better for the neighbors across the street. But the reason why we didn't do that is we felt that we were complying with the code, as it exists. We could rotate the building 90 degrees and put it up towards the northerly property line and run it parallel. Perhaps that would be better for the neighbors. f' Page 16,Apnl 18,2002 ZBA Public Hearing Tianscrnpt Town of Southold CHAIRMAN: George? MEMBER HORNING: Have you approached the neighbors of this property? TOM MCCARTHY: Across the right-of-way, I'll give you a copy of my tax card, which pulls it out incorrectly as well. MEMBER HORNING: I'd like to clarify that. TOM MCARTHY: Thank you. I've been so used to saying that I'm incorrect as well. The photo proves that Church Lane is on the east side of the Church. I have just have a letter from the neighbor to the rear Mr. Kmdop, who recently purchased some property and had an application in front of this Board stating that he has no objection. CHAIRMAN: Mr. McCarthy I'm getting the impression that we may want to hold this over to the special meeting on May 2nd, 2002, so we would like you to reduce those standards that you feel may be in germane to writing and let us have a chance to look at them,preferably by May 1St or so. Or maybe even the 30th of April. TOM MCCARTHY: I would be happy to do it. CHAIRMAN: We'll hear testimony from the nice people that came tonight that are not only the Church people but, of course, some contiguous neighbors, or adjacent. TOM MCCARTHY: Thank you very much. CHAIRMAN: Is there anybody else that would like to speak in favor? Anybody like to speak against? In the back please? DEACON FORTH: My name is Deacon Forth, from the First Baptist Church of Cutchogue. I am also a Trustee. Our main concern that the Church is the right-of-way. We were informed that Mr. McCarthy was going to make toMr. Chituk and the pool company. Our main concern about the right-of-way is the size of the trucks that are going to be driving up and down the road. Because this is the Church's right-of-way, we are responsible for the upkeep of that right-of-way. So these trucks traveling up and down the right-of-way will, of course, create damage problem, it's a right-of-way, you were the one that said it was a right-of-way, its not a street, it's a right-of-way, which we own. The other issue was if he is selling it to a pool company because it's still residential, even though its light industrial, there are still people living in the area with a lot of young kids. We're concerned about the chemicals also that this pool company is going to be having. Of course, we said we have a lot of kids in the area. We don't want to make it to the point where these kids have a hard time going out and playing in their yard because of breathing the fumes of these chemicals. That's our main concern and the upkeep of this right-of-way if the trucks are traveling up and down also. MEMBER TORTORA: Have you talked to the owner about that? f Page 17,April 18,2002 ZBA Public Heanng Tianscnpt Town of Southold DEACON FORTH: No we haven't. CHAIRMAN: Okay, well we're going to have him address those issues; they may not be tonight. I'm not trying to put you off, but we have a huge agenda tonight. So we are going to run this over to the May 2"d meeting, special meeting, we'll set a time before we close this and we'll have Mr. McCarthy address those issues along with Mr. Chituk. MEMBER TORTORA: And you can come back then too. The main concern is the maintenance of the right-of-way, and any effects of the noise, dust, odor, pollution it might have on the neighborhood. CHAIRMAN: Who is speaking there? I just need you to use the microphone please? Mrs. Brown, I apologize can you, do you have trouble walking over there? HELEN BROWN: I'm quite concerned because when I moved there it was very nice for children, young children. And I do have my six grandchildren there with me. The youngest at seven years old. And the if heavy duty trucks are going to be coming in there, that's not too good for those kids to be out there playing. Children don't realize danger and the trucks are going to come in and they may not even see it. That's why I'm very concerned about it. They have to go out of that driveway, to the Main Road to catch the bus to school. And they are there all the time. So I am quite concerned, as well as being a member of the First Baptist Church Cutchogue. I think that's why we are all here. CHAIRMAN: Okay. The gentleman in the green shirt in the back, do you want to speak? ANGELO STEPNOSKI: Yes, in favor. CHAIRMAN: You want to speak in favor. ANGELO STEPNOSKI: I own an adjacent piece of property from Mr. Chituk's. CHAIRMAN: What's your name sir? ANGELO STEPNOSKI: Angelo Stepnoski. CHAIRMAN: Thank you. Mr. McCarthy, one quick question from Mrs. Tortora. MEMBER TORTORA: I don't see any landscaping on here. Have you been to the Planning Board yet? TOM MCCARTHY: No actually, we have to go through a site plan review process. MEMBER TORTORA: We do not have a letter from the Planning Board noting that in the file. Page 18,April 18,2002 ZBA Public Hearing Tianscnpt Town of Southold TOM MCCARTHY: We went to the Planning Board of December of last year regarding some of these issues. They asked us to go to the Building Department and we suet with Bob Kassner and we also met with the Board at a work session here and they asked us to work out these issues and come back to them for site plan. MEMBER TORTORA: Okay, we still need to get a letter of recommendation from the Planning Board and we do not have that in the file right now. TOM MCCARTHY: I don't know, perhaps that dropped through the cracks when Mr. Kassner left. MEMBER TORTORA: I don't know, but it's very difficult for us to look at a complete picture here and review everything if they haven't at least looked at it. Because there are concerns from the neighbors about noise and dust and traffic and as far as the right-of- way is concerned, what is your response to the neighbors concerns? TOM MCCARTHY: I spoke with Mr. Chituk and he has no problem with maintaining that right-of-way. I don't think he feels he wants to put a burden on the members of the Church for something that may happen based on his traffic on the road. He has equipment that he would use to maintain that road to make sure it is safe to travel. MEMBER OLIVA: Have you discussed it with the church? TOM MCCARTHY: No, I haven't. MEMBER TORTORA: Well, maybe between now and May 2°d you can meet with the church and come up with some kind of written agreement that would be amicable to the church as well as Mr. Chituk. CHAIRMAN: Also, the ability of the trucks from Mr. Chituk's site, proposed site, when they would be going out, when they would be coming back and so on and so forth. Just so the church is aware and the neighbors are aware when the road would be heavily used. MEMBER OLIVA: And I think they're very concerned about the storage of these chemicals. If they have any leakage, or what have you or if kids start playing around. It's a very dangerous situation. CHAIRMAN: We're going to ask them to address that. TOM MCCARTHY: It will be addressed together with the Building Department and the Fire Marshall, who has now made his presence more known and all the buildings in Southold Town and the Fire Marshall has been in my office and several other buildings around making sure that everything complies and I think he's doing a fine job. t Page 19,April 18,2002 ZBA Public Hearing Tianscnpt Town of Southold y CHAIRMAN: Let me just say this to you Mr. McCarthy. It's assumed that when you run a pool company, the major portion of the pool chemicals are usually purchased at this time of the year, and then toward the fall there are lesser chemicals in the building I would assume. Is that correct? TOM MCCARTHY: To be honest with you CHAIRMAN: I need you to kind of address that. TOM MCCARTHY: I would be happy to have Gene come up and speak if you will because I can't speak to exactly how he's running that. CHAIRMAN: Mr. Chituk how are you tonight Sir? GENE CHITUK: Good, as far as the chemicals go, I never really have more than a week's supply of chemicals at one time. I get a weekly supply of chemicals that last for the week. I have a separate storage container for them, with the placards that it needs to have on there. So it's legal for everybody. CHAIRMAN: Is that container, will it be inside the building, or will it be outside the building? GENE CHITUK: Well, I have the option of putting inside or outside the building. CHAIRMAN: In your opinion, is it safer inside the building or safer outside the building? I don't want you, if you can't answer the question now, I don't want you to. GENE CHITUK: I can put it inside the building and that will be covered up twice. It's not a problem. I comply with all the regulations that as far as the chemical companies are concerned. MEMBER OLIVA: Could I ask you, why do you need such a large building? GENE CHITUK: I have a,just as far as the supplies and the pool kits, this time of year I like to put inside so. MEMBER OLIVA: These are for what, above ground pools? GENE CHITUK: In-ground pools. MEMBER OLIVA: Oh, in-ground pools. GENE CHITUK: I have a truck and a trailer that I would like to just hide away. Several pieces of equipment I would like to hide away. Everybody you talk to, they never have enough space when you put up a building. So I figured I'd start with a big one. Page 20,April 18,2002 ZBA Public Hearing Tianscript Town of Southold CHAIRMAN: When you refer to the pool kits, you're referring to the walls to the pool, the liner. GENE CHITUK: The pool, the liner, the skimmers, you know just various pieces of the pool. MEMBER ORLANDO: What's the containers that the chemicals come in? Are they 55- gallon drums, 5 gallons? GENE CHITUK: They're in a, as far as the liquid chlorine, its in a box. But its 16 inches by 16 inches square; four gallons of this liquid chlorine is in this box and each box is marked. MEMBER ORLANDO: So it's manageable? GENE CHITUK: Exactly. MEMBER ORLANDO: So you don't do 55-gallon drums? GENE CHITUK: No 55-gallon drums, not even 5-gallon drums. It just makes it easier for us too. CHAIRMAN: Any other questions of Mr. Chituk? Okay, thank you sir. We appreciate it. Reverend you had a question back there? REVEREND: Yes. CHAIRMAN: I think we saw you last time when we were granting you the new church. REVEREND: My name is Reverend Cornelius. Our concern is that the people in the Town of Southold, especially the First Baptist Church of Cutchogue. Now why I'm concerned I know, the concern of what you have in there and who is in danger and what surrounds the building. I've been in this church for thirteen years and we been working here with the landfill (inaudible). We have talked to the highway department about coming into the landfill and since I've been there, several accidents have happened. Right there at the church, right at the door of the church. My concern now about the landfill on one side and, but now you got a building coming up on the other side. So my real concern are about the people around the church and the people that stand there, are the children like sister Helen Brown was saying. And the chemicals. Now you are going to have more traffic and you're also going to have chemical on one side. But we worship there, we have congregation there, we have people coming from all over there. We have Sunday school there, children, so my concern about that little area right there, that little area is not a big area. So a whole lot of big trucks, or a whole lot of big construction, because right now you are trying to get the landfill. It's just like all of a sudden we just can't squeeze any people, the people that worship there, people that live there. We are concerned. I'm concerned about the chemicals, the building (inaudible). Page 21,Apnl 18,2002 ZBA Public Heanng Tianscupt Town of Southold And yet the highway department had not really made it safe on that road. We still have ' accidents,bad accidents on that road. Nobody has really done anything about it. CHAIRMAN: It's mainly because it's a County Road. It's not a Town Road. REVEREND: I understand that. But what I understand is, the child first priority, along with us as members of the church, is the safety and the whereabouts of the people of the community. I don't care if they are black, blue or white. All of our people are the welfare and safety of the people in this community. That's what I'm all about. That's why I'm concerned about the members of the First Baptist Church. We have so many other people that we fellowship together, from all over, are coming to worship, so you endanger them, as well as us, if you don't do things properly. So that's my concern. CHAIRMAN: Reverend I have to ask you a question. Normally, we would swear someone in, but you are a man of god so we are going to put you in the same position as an attorney. It is my understanding, and you don't have to answer this question now, certainly its in the future hearing of this, it is my understanding that when you do move further down County Road 48, that the elders of this church, as they exist today, do not want to sell this church, is that correct? REVEREND: I'm quite sure that the elders still want to keep the church. CHAIRMAN: I have spoken to a couple of your parishioners and they told me at this time that, even when you do move down there this church may still be an annex to your other church. REVEREND: It's a possibility, that's right it might be. CHAIRMAN: Is that correct? REVEREND: The congregation and any Baptist have the right to vote, and once they vote, the majority always rules. And the majority of the rule of the church is to keep it there, they keep it active for restoration or whatever, then they will keep it. Its up to the congregation of the church. When we go, wherever we go, it's always up to the congregation. And that's how we live, the majority always rules, because it's a people church, not one person, it's a people church. Whatever the people want that's what we decide to do. So there is a possibility. CHAIRMAN: Thank you very much. All right we'll see you back on May 2nd. We want to thank everybody for their courtesy and we'll see everybody back at 7:15 on May 2nd I'll offer that as a resolution. SEE MINUTES FOR RESOLUTION 1 6:36 p.m. Appl. No. 5085—GARY AND CYNTHIA KISTNER. t ✓ \Q/ Page 2—May 2,2002 Meeting Transcript of Public Hearings Southold Town Board of Appeals Ms. Wickham- That is correct. Chairman: That is approximately 75 feet northeast of the property on the proposed plan9 Ms Wickham: That is correct. That zoning district line in doesn't really coincide with very much of anything except perhaps the depth of the limited business property of Mr.Beebe to the south,that is limited businesses zone Chairman. This does not share any of that business? Ms Wickham:No. I think I gave you a copy of the zoning map the last time and it's dust that little piece that Mr.Beebe owns that has that designation. Chairman: Thank you. Please don't leave until we close this hearing. is there anyone else who would like to speak in favor or against this application? Seeing no hands, I make a motion to close the hearing and reserving a decision until later. SEE MINUTES FOR RESOLUTION 7:17 p.m Application No. 5084 - 640 Church Street. (continuation from April 18 for additional information (a)applicant and P.B.reviews, (b) discussion by applicant with neighbors about concerns. Chairman Goehringer: Mr.McCarthy how are you tonight? Mr. McCarthy: Good Evening. To update circumstances since the last public hearing and the suggestion of the board on April 23rd. We met with the membership of the first Baptist Church of Cutchogue at their — church in Cutchogue. I think we had a very productive meeting just addressing issues that the congregation had. I believe you're in receipt of a letter that is dated April 30th on the various points of that letter. I would be happy to give a copy to the members of the church just so they can acknowledge or atleast have a copy of what is in the file. Some of things that were spoken about were snmlar to the issues that were brought up at the less public hearing Which was traffic on the right-of-way and how that will be dealt with.There were concerns about that it is being used as the residential neighborhood and children playing in the area. there were issues of maintenance of the right-of-way and how that would be resolved. Also the liability of what happens on the right away. Storage of chemicals on site. Traffic perhaps on Sunday that may conflict with what is happening at the church and on the church's property. And also spoke about the location of the building on the site. In summary, I don't know if there were resolution to all those issues but at least they were discussed. Mr. Chituk can take those issues it into consideration in how he conducts his business and how his people travel up-and-down the right way to get to and from the proposed building. I do know how much market into that right now. I know the church has concerns. Member Tortora: Mr. McCarthy, the synopsis of the meeting that you had with the church that you sent us on April 30th and your perspective on the outcome meeting, to the members of the church have a copy of this? Mr.McCarthy:No.As I(interrupted) Member Tortora: Could you provide a copy of this to the members now before we proceed and let me review it so that we can determine whether they concur with your conclusions? Mr. McCarthy: Certainly. With all due respect we are certainly looking to work together with the members of the church.I am trying to come back to the issues at hand whether or not the issues are along the reasons } why we are here. Those are whether the nonconforming bulk schedule applies to this property or if the Page 3—May 2,2002 Meeting Transcript of Public Heai Ings Southold Town Board of Appeals right-of-way is determined to be a street. Those are the issues why we are here, but at the same time we're certainly looking to work together with the church. I'm happy to enter any questions that might be out there on any of those issues. Chairman. I dust one essay that we have to assume what its before us that the three issues are that are before us that were created by the building department and a notice of disapproval exist. There may be some discussion from those when we get to the deliberation issue as you saw us deliberate tonight on two or three applications prior to this hearing. I think we have to assume at least one or two of those of not all three, have some validity. We are not positive. It leaves us with the issue of this entire congregation that has a concern. And that concetorn is great concern to us. That the reason why we have agreed to continue this hearing at this meeting I guess the question I have a you is, there is no change in the conformity of the building there is no change in the movement the building? Mr. McCarthy: we have a proposal for an alternate scheme, to be honest with you Mr. Chairman of the bases that the congregation have or not as much the building homicide as it is the people coming to and from the site. I would be happy to submit to you an alternate scheme which shows a 4800 square foot building it is rotated 90 degrees to the north. That may in fact create some other variance issues. Do you want a copy that? Chairman: Is this our copy? Mr. McCarthy: Yes. Hopefully the members of the church concur with our meeting last time that they weren't so concerned about the building and now is situated on the property as to use of the building and the use of the runaway itself. Member Tortora: One question I had was right now they propose structure is 49 almost 50 feet by 100 almost 5000 square feet. Why would you need 5000 square feet for a pool business. Mr. McCarthy: Mr. Chituck is here. We can estimate come up here in answer that. But,he has equipment, he has trucks he has things to be stored inside the building. Here supplies And he has vehicles. He liked to use is building to keep things out of the way. Member Tortora: there is no retail sales involved in race at all?This is just storage of trucks? Miss McCarthy:Mr. Chituk,finance about himself. Chairman: Before you leave I need to ask you one question. I know you met with a Planning Board verbally.Have they looked at either one of these plans? Mr. McCarthy: I the recent past no.a work sessions back in December they saw the first in this is a revised location. This is a new plan. We plan on submitting it to them tomorrow. They do not have a copy of the revised plan. Member Tortora: That is what they said They did not see any plan from you.We wwere waiting for you to submit a plan to them so we can get their input as is customary on commercial buildings we are kind of open the air because we have not gotten their input. Mr.McCarthy: I can understand that and that is our delay in getting back to them. Chairman:I think the culmination of this hearing tonight we will again recess until we get their input to give on the whole thing as to which plan like the best. Assuming they take the plan that you have just submitted Page 4—May 2,2002 Meeting Transcript of Public Hearings Southold Town Board of Appeals to us, then you'll take that back to the Building Department and make sure whatever other issues they want to raise,so we can deal with that issue and notice of disapproval. Mr.McCarthy- OK That is fine. Chairman: That would be the proper thing to do. All right thank you.Mr Chituk. I know you have testified to this before in reference to the size of the building and your needs Maybe you can answer Mrs Tortoras' question. Mr. Chituk. The reason I want the building to be that big is because I have a lot of stuff that I Want to keep in out of the weather. The pool kit is one thing. It takes up a lot of space. If I can have 2 or 3 pool kits on hand at any time, when we get busy we start doing two or three or wake I dust want to keep them in out of the weather. I do have pickups that I'd like to keep inside any other supplies, filters...I do have chemicals, not a big supply. Like we talked about the last time only a weeks worth.It has to be inside. Chairman: can you just take a picture sometime of when you are moving or they are delivering one of these pool kits for an average size pool, so the Board some perspective I know what they...Norm Reilly lives across a street from me, I know what he gets delivered. I am aware of that situation The present members that are here with me and the other two that are not here with us can get a perspective of what one pool is comprised of. This way they can understand that. We will multiple that by three or four, then we know how much space that is taking up out of the size of the site. Member Orlando: While we are on the subject how wide is a pool kit? Mr. Chituk: A pool kit will take up about a 20 ft. box truck.It will not fill it but it will take up most of it. it is eight-foot wide 20 ft.long,six-foot high. Chairman: When we see those open trailers going by with all different types of contortions of things on them,we know that is basically probably one swimming pool that is going down the highway? Mr. Chituk: Right. The step itself will take up...it is eight-foot long and 4 ft. wide. it is like a 4 ft. square by eight-foot long.It is not heavy it is just bulky. Member Orlando:Forklift on,and forklift off? Mr. Chituk:Yes. Member Tortora: I guess I have concerns because I know that it is a industrial zone area but it is also a residential area with people who have had homes in the area for many years. Ytoou are requesting a lot of variances in my mind. In the variances are substantial. I would like to see you scaled-down the proposal and I am not inclined to look favorably upon the size of and magnitude of the structure. The request of the variances are very substantial. It is 100 ft. long building.The code is 60. Mr. Chituk:The new proposal we have it is 80.We not get back to 80. Chairman Goehringer: It is a little square of,this one. Board Secretary: Are you amending the application for this plan? Tom McCarthy:We are looking for feedback from the Board. Board Secretary: So it is not part of the application at this time. Page 5—May 2,2002 Meeting Transcript of Public Hearings Southold Town Board of Appeals Chairman Goehringer I personally like the new plan It is going a little farther back and(interrupted) Member Tortora: The new plan is 30 ft. from the right away Chairman: I know it is 30 ft. buts it to the rear of the property further. Member Tortora: It is 30 ft. from the right-of-way instead of 100 ft. and 30 ft. from the rear yard instead of the 70.1 think we need to study the plan What I am asking is one other things that we always look for in a variance is, is this the minimum relief required? That is really the bottom line on us. Whichever plan we look at, is that the minimum size that you require for your business? Mr. Chituk: To 20 by 30, that is a garage. That is not big enough. I want to put up a building that I can operate comfortably at. Member Tortora: You feel that a 5000 square foot building is the minimum size that you can...? Mr. Chituk:The other one we proposed is 4800.We knocked off some of it.I need the space. Member Tortora: O.K. Chairman Goehringer: Thank you Sir. Is they are anyone who like to speak on this? Any members of the church or spokespersons . Good evening Ma'am, could you state your name for the record? Viola Cross: I am Viola Cross and a live behind the first Baptist Church the building is one thing but the _ chemicals and what have you that will be in the building, is another. That is my concern because I am right -— there. The cesspools are directly in front of my house. I'm concerned about the septic tank. With the chemicals, I have heard different things about them exploding and buildings being exploded from these chemicals. and then there is the evacuation plan we don't even have one back there. Another thing I would like to know,when was a zoned changed in the area? Chairman: I can't answer that question,Ma'am Member Tortora: I was trying to figure that out myself Mrs. Cross because someone else asked me that question.I really don't have any answer. Mrs. Cross: Because when I moved there it was residential. In front of my house with the traffic going back and forth, is another problem.My neighbors also they are here to speak for themselves. Chairman Goehringer: Let me address two things quickly. In reference to the sewage, you have the time now to discuss cesspool system and sewage with the Suffolk County Department of Health services. My suggestion is that you go up mayor and you speak to them. They are in the County Center in Riverhead. They are on the second floor, the southerly part of the building. I believe it is under Environmental Health Mrs. cross. I would urge you probably to take a copy of the plan with you so that you might be able to discuss it with one of the engineers up there That issue will be dealt with. The question while you are standing here is of Mr.McCarthy.This is an insulated building,is that correct? Mr.McCarthy: That is correct. Chairman Goehringer: O.K. So I think the issue of the chemicals would be a little more severe if we were dealing with an insulated building or a building that would have a significant change in temperature.During a hot summer day as opposed to insulated building which there would be some deflection of that heat. I Page 6—May 2,2002 Meeting Transcript of Public Hearings Southold Town Board of Appeals can't tell you move to discuss that way that this point. It is an excellent question but it is one in the 22 years that I have sat on this Board,that I can't tell you who actually to discuss that with.I will think about that and we'll get back to either yourself or one of the church members if I can think of someone that you might want a talk to recording the storage of those chemicals possibly the Suffolk County Fire Marshal. They are in Yapank. Down by the medium security facility dust south of the main precinct. It is in the Commissioners Office of Fire Safety. Member Tortora:Maybe limiting in address Chairman: You dust call 852-1400 and asked the commissioners office after nine o'clock in the morning. S. for the commissioners office who deals with fire safety. They do these inspections We are Suffolk County residents and we have to avail ourselves of these services at times. Mrs. Cross: Another thing, if there is a fire back there at that building there is no evacuation for us there.No plan and all. Chairman- that you have to back to the Fire Chief in the respective community. That would be of course Cutchogue. one of the three chiefs in Cutchogue.That is also an excellent question. Mrs. Cross: I am sure what the other people that live here have some sort of concern.Thank you. Chairman:Thank you.Would anyone else like to speak?Mr.Domino. Mr. Domino, Anti-Bias Task Force: I am Mike Domino. I am a member of the Anti-Bias Task Force. In listening to this,I have some concerns about the building size. Some quick math, on the size of the kits that J he mentioned. The size of the box truck. With three of them on site, comes to about 1000 square feet. If - you have a the couple of pickup trucks and other stuff, it still doesn't come anywhere near the 5000 square feet that they are asking for this building. My point is that the initial proposal 49 by 100 feet and now they are knocking back, in their terms, to 4800 square feet. That is not a significant decrease. I am really concerned when people asked for a variance that there is a real need for it and that there is a basic hardship involved.I don't see that. Also, she had a concern with a community about road traffic, and other issues that was raised such as egress in terms of fire and so forth. I am asking you basically to do what is fair and do the right thing with space which would at this point be to act in the negative fashion on this application. Thank you. Chairman:Thank you. Mr.Frank Lybert: I lived in this area since about 1977.This place has always been a residential place. I do not see why we have to go through all this when there is land on Cox and 48 industrial Park that he can build. I'm sure there is land somewhere else. My concern is the traffic. God for big something happens like a kid gets hit by a car. Don't think that this place should be industrial in my opinion. I don't have nothing against nobody but this is more like a residential area not a commercial with big trucks going by. There will be one big truck going by next thing,you know, in five years there will be two, three. I don't think it should be allowed out there.Thank you. Chairman:Thank you.Anybody else? Sir. Mrs. Brown: I am concerned because I have, as they spoke before, six grandchildren and I am directly across from the property. I have three quarters of an acre the whole area is almost adjacent to my property in the kids have to walk out of there every time to catch to school bus. I am concerned about that plus a few have asthma which I do and coupled my grandchildren the dust from that. I wish you can come down there can take your hand and run them across the Windows sills, they are terrible. That is no good for upper Page 7—May 2,2002 Meeting Transcript of Public Hearings Southold Town Board of Appeals respiratory problems. If you don't live in the area it might not affect you too much,but if you have to inhale the dust and everything else chemical fumes. It is not too good. I don't believe. This is the way out here I have my oldest grandchildren wanted to see what it was like. Chairman. Let me ask Mr. McCarthy a question Not to put you on the spot Mr. McCarthy or Mr. Chituk, wasn't there some suggestion on the table that Mr. Chituk was going to pave this road. Mr McCarthy: We actually talk to the members of the church on the 23rd about doing a blue stone on the road as opposed to an asphalt pavement. Chairman: Okay so we're talking stone blend or some .. Mr. McCarthy: Right. I can't speak for Mr. Chituk on this right now if there something else is more acceptable I know there are cost factors involved. We didn't really speak only were together about asphalt or anything like that. Perhaps it is possibility. Chairman: Paving is paving. It is a lot better than what we have.I'm sorry Mrs.Brown I dust wanted to clear that issue up. Mrs. Brown: That is all well in good, but still unless they do something with the ground after they remove the trees in everything that dust is still going to come out. Like I said I have of upper respiratory problems and also two of my grandchildren. We are directly in front of it. My Land is three-quarters of an acre so it is almost...it is right there. That is what.That is what I'm concerned about. I'm not trying to be a person that is a complainer all the time. I think I have to be concerned too. Chairman- Thank you. Larry Williams: My name is Larry Williams and I am a member of the church and have some correspondents with the heaviest over to the board dust prior to the meeting. And correspondents reads thusly: (See attached). Chairman: Thank you, Sir.Anybody else like to speak? Rev. Burngrout: I am Rev. Sarah Burngrout. The minister at the church at the bend.the First Universalist Church. for almost all the five and a half years that I have been in Southold, I have been a member of the Antibias Task Force education. Viola Cross is also a member of that committee. It is my observation through things that I have heard the Anti-Bias Task Force deal with,one of them was that that neighborhood which I value has been at risk several times during my five and a half years here. The first time I think was from fumes which came from the landfill which caused an emergency and the community itself was notified. That is something which we talked about. I have concems.that let me know that that neighborhood was at risk because of what the management of the dump does. The next thing I knew was the Viola's house was flooded and that is something for which the Town perhaps was responsible. I would like that neighborhood to be safe. That church is one year older than I'm. That makes it 77 years he has been there. And that neighborhood needs to be honored by the Town Southold. I would like however life can be worked out in negotiated to let Southold know that this community is important. I heard the author of this book, I will show to you to, I have asked the Southold Library to get a copy. By special permission in the Mattituck Library let me bring this so I can inform myself to about the history of the Cutchogue Church. Viola Cross is famous. She is an evangelist. She's right there in the book. I'm interested local history that is something been learning. Antonia Booth has helped me learn about Southold's history. I am suggesting that there is more that we could know to honor and make this community safe. Chairman:Anybody else like to speak? • Page 8—May 2,2002 Meeting Transcript of Public Hearings Southold Town Board of Appeals Rev.Fulford: I am Rev. Fulford, the Pastor of the First Baptist Church in Cutchogue. I am here today once again like some of our members dust to speak on behalf of the situation. I have heard Viola Cross and all of them it also Tom McCarthy speak about what he wants to do them at the landfill. Down they are on the other side of our church at the landfill. My concern has always been a membership of the church and the community. What I don't really understand is how the land was changed to industrial from residential when it has always been residential around. it has a whispered residential even before the land fill and they were living there.I don't have nothing against nobody that is trying to do their business that is fine My concern is that how can you take a residents that has church there and turn it into an industrial which you can come in input buildings and machines and stuff there.You already have a dangerous situation aware they have come to the houses on the town of the landfill. I'm really concerned. I'm really concerned about the membership of the church and the residence there. And now this could happen. When you're talking about industrial utility the buildings and machinery you can put anything there. If you have residence there, that live there that play there. Chairman: Rev. let me hold do you at this point. This is an Appellate Board. This is not a Legislative Board.The Town,not the present Town Board,probably 10 years ago or 12 years ago change this property. It is only town board that could change the zone on this property it is not this Board. By the time we finish with these hearings we're going to ask Mr. McCarthy and Mr. Chituk that to build for us a model storage building for Mr. Chituk's business. If this is to stay the way this.And we assume it is going to stay the way it is because of the fact that the zoning exist. As I said the only the Town Board can take the zoning away. Rev. Fulford: All I ask that whatever you do always remember that, I know that you do, look out for the safety of the people in the community. Because the community of the town of Southold concerns everybody. I know that you and other people are responsible for the members and the people of the Town Southold. Chairman:Thank you. Member Tortora: Rev. I had one question In the letter that Mr. McCarthy submitted to the Board. the church is very concerned about the churches liability about the right away.Explain that to me please. Rev.Fulford: The road belongs to the church. If he comes in with a truck or tractor and somebody gets hurt It doesn't have to be a member of our church,it is on our road. That means that we are responsible because it is our road. Member Tortora-No it doesn't. Rev.Fulford: He is responsible for it,is that what you're telling me? Member Tortora: No, what I am telling you is that that is a red herring. All roads in the Town, given that theory, if I stumbled and fell in the middle of the road, would the town be responsible? Would I sue the Town for$one million?Maybe I would,but as far as the liability. We took to the town attorney about this. It is certainly nothing to...it is not generally covered under your insurance policy. So it is not anything to be terribly afraid of I would hope that you would have an opportunity to be able to consult legal counsel on issues like this so you get correct information. I am not an attorney. I did ask our town attorney the disparity of this. I just want to get that clear and I would really hope that before you take any action as for selling the right-of-way or... Rev.Fulford: We wouldn't sell the right-of-way. Page 9—May 2,2002 Meeting Tianscript of Public Hearings Southold Town Board of Appeals Member Tortora: I was under the impression that Mr. Chituk was offering to purchase the right way Please try to get the benefit of legal counsel that could really give you the hard-core facts of that so you cut right to the chase so you know what is in what isn't on that. Chairman Goehringer: What Mrs. Tortora is requesting is that seek some legal advice regarding that I don't think the cost church anything. Member Tortora There are a number of roads in this town that are writer ways owned by private individuals, ironically enough this is the first application that have heard any grave concerns about liability exposure. Rev. Fulford. I thank you for your advice. we as the members of the church we don't want no loopholes something happened in all the sudden. I am just concerned about the members of the residents that I don't want anything to happen down the road that we might overlook. Member Tortora. We are led to believe that it is not as serious as concerned as you may think it is. It would really be better if you would get legal counsel. Member Orlando.I have a question Rev. did the church owned his property before Mr. McCarthy Rev.Fulford. Yes. Member Tortora:How do they get lost? Rev. Fulford: We owned the piece of property on the road and apiece in the back for ever since I've been there and even before I came there. We have not sold anything to anyone. The land that was sold around a - church was sold but we have not sold anything. Member Orlando. So it was not your property? Rev. Fulford. The land that he bought was not ours. It was not ours when he bought it. We used to own it a long time ago. before I came here The church used to owned a lot of property in there I have been at the church for I� years. God bless you and thank you so much. Chairman Goehringer: No problem. If it is all right with everybody at this point,I think we will recess the hearing until June 6-giving everybody the time to do their work that they so choose to do. That of course it is Mr.McCarthy and Mr. Chituks'meeting Planning Board and submission to the Planning Board.Anything that you want to inquire about Mrs. Cross if we can assist you in any way we certainly will try. We thank you Rev. for coming in. It is a pleasure to see you again and is a pleasure to have the community here. We thank Mr.McCarthy and Mr. Chituk also. SEE MINUTES FOR RESOLUTION Recessing the hearing to June 6,2002. Prepared by Jill Doherty. Page 10—Hearing Transcripts Special Meeting of June 6,2002 Southold Town Board of Appeals V Member Tortora• In all likelihood we would hope to close it. On the other hand if aftr reviewing all the submissions tonight we do h ve questions, it would be a shame to have the verbatim ortion of the hearing closed. Chairman: Lets do it this way, for everybody purpose as Mr. Angel has suggeste . at that particular time if we so choose to continue the hear,4, we will continue to the special meeting ' July. Having said David July special meeting? Member Tortora: Why don't we see wha happens. Chairman: Are you aware Mr. Angel, if we`where to put this on for furth r testimony on the June 20th, that we will be into the wee hours. �` Member Tortora:It will be the 21st. when the`earmg starts. Chairman: O.K. We will come to that in a mmut this nice lady i the back would like to speak.Would you raise your right hand.Do you solemnly swear the formation th t we are about to receive is the truth to the best of your knowledge? Ms. Arpara: Diane Arpara. I am Christine's sister. I ive at 900 ...Road in Cutchogue, where I have lived for over 10 years,since 1989.Full time with my famill .?11 m husband and 3 children.They go to school here. We have a local business. We are active in the coity. I know what it is like to be both a Summer person and a full time person here. I live in Nassau \ yself because it is a very nice quiet area most of the year. In the Summer all the area changes in Sout Town. Full timers and Summer people start doing some entertaining and everything. I think it may ruf e some people's feathers when they are living next to a house that had been relatively quiet for awhile. Ty,en in theted mertime they have younger people. It even happen to me when I moved into my own hous that were by retired people and came in with three little kids. The man next-door had to get used baseball's co ing over the fence. You can no more get rid of summer people enjoying this beautiful ar than you can cl ar the main road of traffic on a weekend in July.I don't have any legal back round or4ahing. Some of the ings that people said about my family was pretty offensive. You can see both housery clearly from the ause way. I have monitored the house in my sisters absents to make sure that evng is o.k. over there It always has been. I think most of the renters are pretty much on the quiet si ?. Mainly using it to sleep. e live 'o close to the beach. There are many other things to enjoy. People 96estion the number of beds in a house. It is set up for a family. So that someone can come spend the ,ay at the beach and then get a rich of children in a room and have them sleep over with their cousin and their friends I just think that t use of the house and the cottage as how it was designed. I don't thi any big changes are being request here. I don't think that what they have asked for is unreasonable to any way. I don't think that anyone in th area has anything to worry about. They have done nothing but improve the house Both properties insi and out to make it look more attractive and come out here t enjoy Cutchogue and the Southold area for at it is.Thank you. Chairman: Thank you. O.K.Hearing no further comment,I make a motion co tinuing the hearing until June 20th at which point we will make a decision on when we will close it. SEE MINUTES FOR RESOLUTION LIC HEARING: 8:10 P.M. Appl.No.5084-640 Church St.LLC. j Chairman: It appears through conversation with Mr. McCart�y yesterday, by telephone, that we have found that there are further things that need to be denied in this a lication by the Building Inspector. Page 11 —Hearing Transcripts Special Meeting of June 6,2002 Southold Town Board of Appeals Board Secretary: No a new disapproval, but he did amend his application. It has to be advertised (for the amendment on 280-a). Chairman Goehringer: There are other things that are being denied (by the Building Department). Therefore I think he assumed he didn't have to come tonight because this application along with those new things will be readvertised and a new date will be set for then.It will probably be July 25th. Member Tortora:He is going to have to advertise in the newspapers. Board Secretary:There will be a new sign up on the property,too. Chairman Goehringer: Let me just say that one of the issues is approved access. A couple of your ladies who live on the dirt road have quite a concern regarding this road and the dust and such that they had testified to it at the last the hearing.That is one of the areas that which is called in the code a 280A,which is an approved access. It is the base of the road that is the new portion of his application.Now what we were doing tonight was we were hedging that he was going come hear That is why we took the Dawson application first. We thought he was going to come. Since he modified the application yesterday, he probably assumed that there is going to be a brand new hearing and therefore there was no need for him to come. Member Tortora: He has to deal with the aspect of access to his property in addition to the variance that he needs.It is hard for us the set the hearing now because we thought he was going to be here tonight. Chairman: We could have done everything up to that point and then Just dealt with the access We certainly have further continuing questions. The nature of this access came in when we reviewed the deed. It was not a situation that the Building Dept. was aware of or made us aware. This all happened in the last day or so. We apologize to everybody for coming out on this crummy evening. Member Tortora: We don't want to set a date without a looking at the calendar. Frankly right now we are almost booked till September. Board Secretary:We are starting October now. Reverend Fulfurd: At the time that you pick out such a date, would you let us know. We let other people know. Board Secretary:We will. Chairman: We are sorry to make you sit through that hearing. We know that is one of the concerns that the ladies have that live on that road.The problem with that is that if you take the paving to a higher standard of course the more speed you can do on the road.Those are other issues we want you to think about.I will just leave it at that particular point. Mrs. Cross: If you look behind the First Baptist Church, when I moved there in the early 80's, it was residential. I don't understand how it could have been changed without someone knowing about it. I understand it was done 1989.We were not notified of the change or anything about it.Were we supposed to be notified? Member Oliva: No. Page 12—Hearing Transcripts Special Meeting of June 6,2002 Southold Town Board of Appeals Member Tortora: What they did, I will give you a little history, in the 80's they decided to update our zoning code. All over the town. So, Mrs. Cross, what happen was there was a lot of public hearings and finally in 1989, they created all these different zones all over the town. That is when it was done. At the time all they did was put it in the paper.That is all they have to do really.They don't have to give individual people notice.I don't say that it is right,that is just the way it is.It wasn't Just the property where you live.It was all over the town. There was lots of property's that were re-zoned. Nobody got individual notices. I know that the community has been there for 60 years at least. What we have now is a situation where we have a residential community that is in what amounts to industrial zone.That is not a good situation.Not for you and not the Town,not for anybody.It is a very tough situation.Definitely my sympathy is with you. Chairman As I said at the last hearings, if something is granted through this board,I assure you it would be a model building. If that happens. As model as you can make it based on the situation with the community that exist. Church is residential also. Mrs. Cross: As a property owner in the neighborhood, it makes us feel pretty bad that our location seems like it is targeted.We get rid of one thing that the land fill has been taken care of and then we have a ware house coming up on the other side. Chairman: We just want you to be aware, and we are not saying that the prior Town Boards but the zoning it. They are the only ones that can take it away.We don't have that ability.They could change it now if they wanted to. I am not setting up the Town Board for that situation. We are very simply telling you that they created it,they are the only ones that can take it away.We have no other choice but to say that because that is the truth We are an appeals board.That is a legislative action. Member Tortora: Because in essence,Ms. Cross as far as he wants to build his building and pool company etc. He needs some variance because he doesn't meet the front yard set back and the rear yard set back and on and on. But if he didn't need any variances from us, he could do it by just walking into the Building Department and you wouldn't even get notice. That is what the zoning allows. If he built it according to everything in the code.The only reason that he is hear is because he wants to be closer to the road then he is suppose to be. He wants to have a bigger building with less set back than he wants to be.A whole bunch of other things.But if he didn't,it wouldn't matter Ms. Cross:Thank you. Chairman:Your welcome. Mrs. Dean: I am Norma Dean. I live in East Marion.460 Private Road 8 in East Marion.I am here to speak as the vice chairperson of the Anti-Bias Task Force. From the Anti-Bias Task Force perspective, what we are looking at is instead of it being a community looking towards not being bias,what we are seeing is the perpetuation of that bias. That the community established 60 years, is established because people of color were not ready to buy or live elsewhere. They were a community that where there was a Town Dump.Then there was that change in the zoning because I think it was the opinion that people probably didn't want to live there anyway so it might as well be zoned industrial.After all these years it becomes a reasonable place to live and the community has lived there and enjoys the real sense of community. Now its again being changed so that the actual community is in jeopardy as a community. So what I would like from you if in fact the Town Board has the authority to change that zoning, is there some avenue that you can tell us that we might take? We would really like to see people being able to be given the same kind of equity and justice as the rest of Southold Town. • Page 13—Hearing Transcripts Special Meeting of June 6,2002 Southold Town Board of Appeals Member Oliva:I would suggest that you go to the Supervisors Office and petition him to speak to the Town Board to change the zone. Mrs.Dean: I would assume we would need more clout than Just me speaking to the. Member Oliva: If the community itself with the reverend. Member Tortora: If you simply go the the Town Board. Anyone can go the any Town Board meeting and talk on any subject at a Town Board meeting. If you get up at the Town Board meeting and you say to the Town Board what you have said to us,somebody is going to listen. Member Orlando: If you address the Town Board they will help you address your question. Member Oliva:I think you will find a sympathetic ear. Mrs.Dean:Thank you. Chairman: Your welcome. Is there anybody else like to speak before we...yes. Ms. McDuffy: Elaine McDuffy. I live in Cutchogue. I didn't come to listen to this particular issue, but I concur. I thought for a long time that Cutchogue has been the receipent of so many problems concerning the dump and landfill and all of the assurances that the water is fine.I think that Cutchogue has more of its fair share of industrial type of situations. I would like to know your opinions about this and should it be spread throughout this town more even handedly? Chairman Goehringer: I am not speaking for the Board. I am going to say this, that it was brought out in these hearings regarding this application that as you know the Town is very busy. There are a lot of applications. Everybody is looking to build on every single solitary lot that exists. That is reportedly legal. Regardless if that lot is residential commercial or industrial. It just so happens that this particular lot is industrial. That is where we are at this particular point. This man wants to build a place to store his pool goods. That is the only opinion that we have at this time. We really can't voice another opinion. I am not stopping these fine ladies and gentlemen up here from speaking it. But we have to kind of remain in the middle of this whole thing. We are not legislators. This lady raises a very interesting issue about this community and how it came to be.How the zoning got changed to what it is today.I am sure that the Town Board will listen based upon you speaking to the proper authorities. Ms.McDuffy: Can I just say one more thing.It has nothing to do with you,but maybe you people should be aware. I have heard that it has been suggested that with any adult type entertainment comes to Southold Town that it should be in an industrial area. Chairman: That is the nature of zoning for western towns. I have certain concerns regarding many facits of things that I see moving out here. Those are one of them and the other is helicopter landings on private property. Other issues that come before us. All issues that the South Shore had dealt with over the last 20- 25 years. These are great concerns. Issues of more consequence are issues that we are probably going to be faced with in years to come. We have certain feelings regarding those. This Board took it upon itself to close down a Night Club in Mattttuck. Which we granted a special permit on.That was the closest thing we had to that situation at that time.That activity that occurred there was something that we considered to be of not in the realm of the area that we deal with under the special permit aspects. That is the reason why that board did what it did at the time.I am just telling you what the four western towns do regarding those moral issues.You are correct,that they do belong in industrial zones. Page 14—Hearing Transcripts Special Meeting of June 6,2002 Southold Town Board of Appeals Ms.McDuffy:Thank you. Ms.Norklun: Johanna Norklun of Southold. I was just thinking in 1989 there was a change of zone across the board. Member Oliva:The whole Town. Ms.Norklun:What was the reason for the change of zone? Member Oliva: The started revamping the Master Plan. The Master Plan was never adopted. The zoning map came into the Town Board who dilly dallied and mushed around with it and came up with a real mish- mash.It was passed by the Town Board in 1989. Ms.Norkhm: Even though the Master Plan... Member Oliva: Was never adopted. It was merely the zoning map that was adopted and really what it was, was a legalization of lot of things that where already there,plus a few goodies thrown in. Ms.Norklun: I was wondering if somebody specifically... Member Oliva:No,the just felt because the landfill was there,they couldn't see why anybody would want to live there,so they just zoned the whole block industrial. Mrs. Cross: We were there. Member Oliva: I know. Mrs. Cross:How could they dust block it off and say nobody wants to live there.We were already there. Member Oliva: I know. Chairman: What they assumed probably at that time,this is only an assumption Mrs.Cross,was that most of you would sell and this property would all become industrial. What they failed to realize is the exactly the issue that I brought up at the first hearing on this,that was that the elders of your church have no intentions of doing away with that church. I found that to be very, very interesting when I approached some of the elders, because I know them. I lived in this town for 35 years and I know people. So I started questioning. Just on my own personal point. Whatever I question I usually bring back to the Board and put it on the record just for that point.You can't make assumptions like that. Member Tortora: It is not really going to be resolved unless you can cut out a square area in that industrial zoned land and get the Town Board to rezone it residential. It could be any company. It could be worse. The fundamental problem here is the zoning. We could take every variance that he is requesting and we could say no and two days later a cement factory guy or god knows what could come along and if he complies with the set backs,he is in.The zoning is the problem. Mrs. Dunn: My family and I would like to speak in support of the residence and against this application. I wish the applicants good fortune in their endeavors and hope that they can see clear to build a smaller structure as allowed by the existing code. The applicants have failed to meet in at least 4 areas, the minimum criteria required in this process. First of all they have failed to demonstrate why this business needs such a large building at this specific location, when numerous large buildings are available within 4 miles of this site. In addition,by their own testimony they need to store only a few vehicles some chemicals Page 15—Hearing Transcripts Special Meeting of June 6,2002 Southold Town Board of Appeals and three pool kits. This certainly doesn't require a building of 4000 sq.ft. Secondly, they have failed to demonstrate that they will provide a service that will benefit the entire community.For example an auxiliary fire station off an ambulance depot. Instead the black community who tolerated the dump before it was upgraded to a landfill, have once again asks to bare the burden so others may benefit. Third the applicants cannot show a economic hardship that this variance isn't granted Other properties are available to Mr. Chituk. Mr. McCarthy testing his property increase in value after the important public water originally proposed as a benefit to the residence at this community. The applicants can of course follow the code in place and build a smaller building with appropriate set backs. Approval will make hardship for the residence of this community. Of course there is the issue of traffic. The Transportation Committee, Town Board and the County are investigating the need for a traffic light at Cox Lane and will change the egress at the dumping an attempt to address the danger at this hot spot. How can we support additional traffic entering Rt 48 from a large commercial venture. In conclusion allow me to remind you that the community hasn't opposed construction,just undue changes to the community they call home. I ask you to be fair to apply this concern.Thank you. Chairman:Thank you.We do appreciate everybody's testimony.We will see you probably in August. SEE MINUTES FOR RESOLUTION Prepared from tape recordings of hearing sessions. Respectfully submitted by Jill Doherty 7/22/02. End of hearings. JON ING BOARD OF APPEAL.! Town Hall Office 53095 Main Road P.O. Box 1179 Southold, NY11971-0959 Email: Linda.KowalskikTown.Southold.ny.us or Paula.Quintieri(a7Town.South old.nv.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-1823 (alt. 9064) TRANSMITTAL To: Jerry, Lydia, George, Ruth, and Vincent DATE: ZZ/2002 REF: Hearing Date: r / 22 a 2iAppl. of �OeWZj4& ( x ) Info attached for your information and review. Thank you. Pages attached. Y,I�rI/� Page 10—Hearing Transcripts Special Meeting of June 6,2002 Southold Town Board of Appeals i f � Member Tortora• In all likelihood we would hope to close it. On the other hand if aft reviewing all the submissions tonight we do have questions, it would be a shame to have the verbatim orhon of the hearing closed. \\� Chairman: Lets do it this way, foreverybody purpose as Mr. Angel has suggestef I. at that particular time if we so choose to continue the heariA4, we will continue to the speci/mectlng,,',fi July. Having said David July special meeting? Member Tortora: Why don't we see what happens �e Chairman: Are you aware Mr. Angel, if we,where to put this on for ony on the June 20th, that we will be into the wee hours Member Tortora: It will be the 21 st.when the bearing starts. Chairman: O.K. We will come to that in a minute,this nice lady 1 he back would like to speak. Would you raise your right hand. Do you solemnly swear the information th t we are about to receive is the truth to the best of your knowledge t F Ms Arpara. Diane Arpara. I am Christine's sister. I live at 900 . .Road in Cutchogue, where I have lived for over 10 years,since 1989.Full time with myfamilyz m husband and 3 children.They go to school here. We have a local business. We are active in the com ity. I know what it is like to be both a Summer person and a full time person here I live in Nassau Po t myself because it is a very nice quiet area most of the year. In the Summer all the area changes in Sou Id'Town. Full timers and Summer people start doing some entertaining and everything. I think it may ruf e some people's feathers when they are living next to a house that had been relatively quiet for awhile. T,en in the\ ummertime they have younger people. It even happen to me when I moved into my own hous that were owned by retired people and came in with three little kids. The man next-door had to get used baseball's co mg over the fence. You can no more get rid of summer people enjoying this beautiful areAthan you can clar the main road of traffic on a weekend in July.I don't have any legal back round or aqv hmg. Some of the Ings that people said about my family was pretty offensive. You can see both house's very clearly from the ause way. I have monitored the house in my sisters absents to make sure thrayat ing is o.k. over there It always has been. I think most of the renters are pretty much on the quieinly using it to sleep. e live so close to the beach. There are many other things to enjoy. People the number of beds in he house. It is set up for a family. So that someone can come spend the beach and then get a rich of children in a room and have them sleep over with their cousin %and their friends. I just think that t use of the house and the cottage as how it was designed I don't thi any big changes are being request here. I don't think that what they have asked for is unreasonable In any way. I don't think that anyone m th area has anything to worry about. They have done nothing but mprove the house. Both properties insi and out to make it look more attractive and come out here t enjoy Cutchogue and the Southold area for hat it is.Thank you. Chairman- Thank you. O.K. Hearing no further comment,I make a motion co hnuing the hearing until June 20th at which point we will make a decision on when we will close it. SEE MINUTES FOR RESOLUTION -PB•LIC HEARING: 8:10 P.M. Appl.No. 5084-640 Church St.LLC. Chairman- It appears through conversation with Mr. McCart'y yesterday, by telephone, that we have found that there are further things that need to be denied in this a lication by the Building Inspector. s L Page 11 —Hearing Transcripts Special Meeting of June 6,2002 Southold Town Board of Appeals Board Secretary- No a new disapproval, but he did amend his application It has to be advertised (for the amendment on 280-a). Chairman Goehringer: There are other things that are being denied (by the Building Department). Therefore I think he assumed he didn't have to come tonight because this application along with those new things will be readvertised and a new date will be set for then.It will probably be July 25th Member Tortora:He is going to have to advertise in the newspapers. Board Secretary:There will be a new sign up on the property, too Chairman Goehringer: Let me Just say that one of the issues is approved access. A couple of your ladies who live on the dirt road have quite a concern regarding this road and the dust and such that they had testified to it at the last the hearing.That is one of the areas that which is called in the code a 280A,which is an approved access. It is the base of the road that is the new portion of his application. Now what we were doing tonight was we were hedging that he was going come hear. That is why we took the Dawson application first. We thought he was going to come. Since he modified the application yesterday, he probably assumed that there is going to be a brand new hearing and therefore there was no need-for him to come. Member Tortora: He has to deal with the aspect of access to his property in addition to the variance that he needs.It is hard for us the set the hearing now because we thought he was going to be here tonight. Chairman: We could have done everything up to that point and then just dealt with the access. We certainly have further continuing questions The nature of this access came in when we reviewed the deed. It was not a situation that the Building Dept. was aware of or made us aware. This all happened in the last day or so. We apologize to everybody for coming out on this crummy evening. Member Tortora: We don't want to set a date without a looking at the calendar. Frankly right now we are almost booked till September. Board Secretary:We are starting October now. Reverend Fulfurd: At the time that you pick out such a date, would you let us know. We let other people know. Board Secretary:We will. Chairman: We are sorry to make you sit through that hearing. We know that is one of the concerns that the ladies have that live on that road.The problem with that is that if you take the paving to a higher standard of course the more speed you can do on the road.Those are other issues we want you to think about.I will dust leave it at that particular point. Mrs. Cross: If you look behind the First Baptist Church, when I moved there in the early 80's, it was residential. I don't understand how it could have been changed without someone knowing about it. I understand it was done 1989.We were not notified of the change or anything about it.Were we supposed to be notified? Member Oliva: No. r ,r Page 12—Hearing Transcripts Special Meeting of June 6,2002 Southold Town Board of Appeals Member Tortora: What they did, I will give you a little history, in the 80's they decided to update our zoning code. All over the town So, Mrs. Cross, what happen was there was a lot of public hearings and finally in 1989, they created all these different zones all over the town. That is when it was done. At the time all they did was put it in the paper. That is all they have to do really.They don't have to give individual people notice.I don't say that it is right, that is Just the way it is. It wasn't just the property where you live. It was all over the town There was lots of property's that were re-zoned Nobody got individual notices. I know that the community has been there for 60 years at least What we have now is a situation where we have a residential community that is in what amounts to industrial zone That is not a good situation Not for you and not the Town,not for anybody It is a very tough situation Definitely my sympathy is with you. Chairman: As I said at the last hearings, if something is granted through this board,I assure you it would be a model building If that happens. As model as you can make it based on the situation with the community that exist. Church is residential also. Mrs. Cross: As a property owner in the neighborhood, it makes us feel pretty bad that our location seems like it is targeted. We get rid of one thing that the land fill has been taken care of and then we have a ware house coming up on the other side. Chairman: We Just want you to be aware, and we are not saying that the prior Town Boards but the zoning it. They are the only ones that can take it away.We don't have that ability. They could change it now if they wanted to. I am not setting up the Town Board for that situation. We are very simply telling you that they created it, they are the only ones that can take it away. We have no other choice but to say that because that is the truth.We are an appeals board.That is a legislative action. Member Tortora: Because in essence, Ms. Cross as far as he wants to build his building and pool company etc. He needs some variance because he doesn't meet the front yard set back and the rear yard set back and on and on. But if he didn't need any variances from us, he could do it by just walking into the Building Department and you wouldn't even get notice That is what the zoning allows. If he built it according to everything in the code.The only reason that he is hear is because lie wants to be closer to the road then he is suppose to be.He wants to have a bigger building with less set back than he wants to be. A whole bunch of other things.But if he didn't,it wouldn't matter. Ms. Cross:Thank you. Chairman:Your welcome Mrs. Dean: I am Norma Dean. I live in East Marion.460 Private Road 8 in East Marion.I am here to speak as the vice chairperson of the Anti-Bias Task Force. From the Anti-Bias Task Force perspective, what we are looking at is instead of it being a community looking towards not being bias,what we are seeing is the perpetuation of that bias. That the community established 60 years, is established because people of color were not ready to buy or live elsewhere. They were a community that where there was a Town Dump. Then there was that change in the zoning because I think it was the opinion that people probably didn't want to live there anyway so it might as well be zoned industrial.After all these years it becomes a reasonable place to live and the community has lived there and enjoys the real sense of community. Now its again being changed so that the actual community is in jeopardy as a community. So what I would like from you if in fact the Town Board has the authority to change that zoning, is there some avenue that you can tell us that we might take? We would really like to see people being able to be given the same kind of equity and justice as the rest of Southold Town. Page 13—Hearing Transcripts Special Meeting of June 6,2002 Southold Town Board of Appeals Member Oliva. I would suggest that you go to the Supervisors Office and petition him to speak to the Town Board to change the zone Mrs.Dean:I would assume we would need more clout than Just me speaking to the Member Oliva: If the community itself with the reverend. Member Tortora: If you simply go the the Town Board Anyone can go the any Town Board meeting and talk on any subject at a Town Board meeting. If you get up at the Town Board meeting and you say to the Town Board what you have said to us,somebody is going to listen. Member Orlando:If you address the Town Board they will help you address your question. Member Oliva: I think you will find a sympathetic ear. Mrs.Dean:Thank you. Chairman: Your welcome. Is there anybody else like to speak before we...yes. Ms. McDuffy Elaine McDuffy I live in Cutchogue I didn't come to listen to this particular issue, but I concur.I thought for a long time that Cutchogue has been the receipent of so many problems concerning the dump and landfill and all of the assurances that the water is fine. I think that Cutchogue has more of its fair share of industrial type of situations. I would like to know your opinions about this and should it be spread throughout this town more evenhandedly? Chairman Goehringer: I am not speaking for the Board. I am going to say this, that it was brought out in these hearings regarding this application that as you know the Town is very busy. There are a lot of applications. Everybody is looking to build on every single solitary lot that exists. That is reportedly legal. Regardless if that lot is residential commercial or industrial. It just so happens that this particular lot is industrial. That is where we are at this particular point. This man wants to build a place to store his pool goods. That is the only opinion that we have at this time We really can't voice another opinion. I am not stopping these fine ladies and gentlemen up here from speaking it. But we have to kind of remain in the middle of this whole thing We are not legislators. This lady raises a very interesting issue about this community and how it came to be.How the zoning got changed to what it is today.I am sure that the Town Board will listen based upon you speaking to the proper authorities. Ms.McDuffy: Can I just say one more thing. It has nothing to do with you,but maybe you people should be aware. I have heard that it has been suggested that with any adult type entertainment comes to Southold Town that it should be in an industrial area. Chairman: That is the nature of zoning for western towns. I have certain concerns regarding many facits of things that I see moving out here. Those are one of them and the other is helicopter landings on private property. Other issues that come before us. All issues that the South Shore had dealt with over the last 20- 25 years. These are great concerns. Issues of more consequence are issues that we are probably going to be faced with in years to come. We have certain feelings regarding those. This Board took it upon itself to close down a Night Club in Mattituck. Which we granted a special permit on.That was the closest thing we had to that situation at that time. That activity that occurred there was something that we considered to be of not in the realm of the area that we deal with under the special permit aspects. That is the reason why that board did what it did at the time. I am just telling you what the four western towns do regarding those moral issues.You are correct,that they do belong in industrial zones. + l ' N t Page 14—Hearing Transcripts Special Meeting of June 6,2002 Southold Town Board of Appeals Ms.McDuffy:Thank you. Ms Norklun Johanna Norklun of Southold. I was just thinking in 1989 there was a change of zone across the board. Member Oliva:The whole Town. Ms.Norklun: What was the reason for the change of zone? Member Oliva: The started revamping the Master Plan. The Master Plan was never adopted. The zoning map came into the Town Board who dilly dallied and mushed around with it and came up with a real mish- mash.It was passed by the Town Board in 1989. Ms.Norkhm: Even though the Master Plan... Member Oliva: Was never adopted. It was merely the zoning map that was adopted and really what it was, was a legalization of lot of things that where already there,plus a few goodies thrown in. Ms.Norkhm: I was wondering if somebody specifically... Member Oliva:No,the Just felt because the landfill was there,they couldn't see why anybody would want to live,there,so they just zoned the whole block industrial. Mrs. Cross: We were there. Member Oliva:I know. Mrs. Cross:How could they just block it off and say nobody wants to live there.We were already there. Member Oliva: I know. Chairman:What they assumed probably at that time,this is only an assumption Mrs. Cross,was that most of you would sell and this property would all become industrial. What they failed to realize is the exactly the issue that I brought up at the first hearing on this, that was that the elders of your church have no intentions of doing away with that church. I found that to be very, very interesting when I approached some of the elders, because I know them. I lived in this town for 35 years and I know people. So I started questioning. Just on my own personal point Whatever I question I usually bring back to the Board and put it on the record Just for that point. You can't make assumptions like that. Member Tortora: It is not really going to be resolved unless you can cut out a square area in that industrial zoned land and get the Town Board to rezone it residential. It could be any company. It could be worse. The fundamental problem here is the zoning. We could take every variance that he is requesting and we could say no and two days later a cement factory guy or god knows what could come along and if he complies with the set backs,he is in.The zoning is the problem. Mrs. Dunn: My family and I would like to speak in support of the residence and against this application. I wish the applicants good fortune in their endeavors and hope that they can see clear to build a smaller structure as allowed by the existing code. The applicants have failed to meet in at least 4 areas, the minimum criteria required in this process. First of all they have failed to demonstrate why this business needs such a large building at this specific location, when numerous large buildings are available within 4 miles of this site. In addition,by their own testimony they need to store only a few vehicles some chemicals l Page 15—Hearing Transcripts Special Meeting of June 6,2002 Southold Town Board of Appeals and three pool kits. This certainly doesn't require a building of 4000 sq.ft. Secondly, they have failed to demonstrate that they will provide a service that will benefit the entire community.For example an auxiliary fire station off an ambulance depot. Instead the black community who tolerated the dump before it was upgraded to a landfill, have once again asks to bare the burden so others may benefit. Third the applicants cannot show a economic hardship that this variance isn't granted. Other properties are available to Mr. Chituk. Mr. McCarthy testing his property increase in value after the important public water originally proposed as a benefit to the residence at this community. The applicants can of course follow the code in place and build a smaller building with appropriate set backs. Approval will make hardship for the residence of this community. Of course there is the issue of traffic. The Transportation Committee, Town Board and the County are investigating the need for a traffic light at Cox Lane and will change the egress at the dumping an attempt to address the danger at this hot spot. How can we support additional traffic entering Rt 48 from a large commercial venture. In conclusion allow me to remind you that the community hasn't opposed construction,just undue changes to the community they call home. I ask you to be fair to apply this concern.Thank you. Chairman:Thank you.We do appreciate everybody's testimony.We will see you probably in August. SEE MINUTES FOR RESOLUTION Prepared from tape recordings of hearing sessions. Respectfully submitted by Jill Doherty 7/22/02. End of hearings. Page 12,Apnl 18,2002 ZBA Public Heanng Tianscnpt "fnwn of Southold CHAIRMAN: Is there anybody else tha ike to speak in favor or against this application? Seeing no hands I'll mak mo ' closing the hearing reserving decision until later. Mr. Brakin that's it your elcome to leave sir. SEE MINUTES FOR RESOLUTION 6:04 p.m. Appl. No. 5084 — 640 CHURCH ST., LLC. This is a request for a Variance under Sections 100-143.A and 100-142, based on the Building Department's January 10, 2002 Notice of Disapproval. Applicant is proposing to construct a new building located in the Light Industrial Zone District, with a building frontage (width) greater than 60 ft. long, and at less than 70 feet from the rear property line, at 640 Church Lane, Cutchogue; 96-1-11.1. TOM MCCARTHY: Good evening, Tom McCarthy, McCarthy Management, Southold. I am a principle on the 640 Church St. LLC, one of the principles that owns this property, this application. The gentleman we are presently contracted to sell this property to is Mr. Gene Chituk, Chituk Pools in Cutchogue who runs a pool construction business. He is a local gentleman. He is looking for a place to operate his business out of. He is presently renting space in Cutchogue and he is looking to become an owner and put up his own building and operate out of his own site. Just a little background on how we came to this point. I happen to own this piece of property and have been before this Board numerous times and are fairly familiar with the zoning code of Chapter 110 of Southold. When Gene came to me what sort of a building can we fit on this property in order to house my business? And what I did is, I went to the zoning codebook that we have and looked at what our front, side and rear yard setbacks should be and the length of the building. And I counseled Gene, and with a little bit of egg on my face at the moment, because the Building Department has sent me to the Zoning Board saying that my application is not allowable because of zoning. The zoning code, the reason why I'm here, is for a non- conforming front and rear setbacks, as well as, the distance from the street. I would like to deal with the first two issues, which is the front and the rear yard setback. The zoning code falls into the bulk schedule at the end of the code and it deals with conforming lots, in this case, light industrial district 40,000 square feet minimum lot area. For those lots that don't conform to bulk schedule, it tells us that we need to go over to 100-244 non- conforming lots. And the purpose of that section of the code is to provide minimum standards for granting the building permit for the principal buildings of lots which are recognized by the Town under Chapter 100-24 are non-conforming and have not merged. This-lot has not merged and is non-conforming because it has less than 40,000 square feet of lot area in a 40,000 square foot zone. So looking at the code it tells us, within 20,000 and 49,999 feet our front yard setback is 40 feet and our rear yard setback is 50 feet. I thought that was pretty unambiguous. It_ doesn't say, as the Building Department has determined, that these non-conforming lots are only residential non-conforming lots. The building code does not say that this is only used for fesidential properties. In a light industrial district, a non-conforming lot and'my application I thought, complies with the front and the rear yard setback, as dictated to us in the code. The Building Inspector doesn't feel that way, and that's one of the reasons why we're here and I differ with him in i that interpretation. And the very reason why the site plan, as submitted, has the front and Page 13,Apnl 18,2002 ZBA Public Heanng Tianscnpt Town of Southold the rear yard setbacks as they're shown, is so that we didn't need to come to this Board. 1 That we didn't need that of a Variance. We are not looking for something that was not allowed in zoning We weren't looking to ask for anything special, we're looking to comply with the code and we're not here to say we're looking for some sort of special treatment. We're just looking to say this is what the code allows us to do, and that's what we'd like to do with this piece of property. A little bit of history, if I may on the property. The property itself was purchased by the Trustees of the First Baptist Church in Cutchogue from the McBrides and I have a deed going back to the 15th day of December 1925. I would like to just offer that the Board if I may and it shows the parcel in the works. I say the parcel in works, the Church over the course of time had sold numerous parts out of their entire parcel that they held and this is in the District 96-1 and we happen to own 11.1. But the surrounding properties in that area are all part of that parcel that they bought from McBride which was done prior to meeting the approval of the Planning Board of the Town and it was done by deed. There have been several mistakes in some of the deed descriptions, but they tended to work themselves out over time. I also submit to you, this is actually a map that the town sent to me regarding the takings at the dump, the landfill. And it actually shows these properties and it shows some of the properties that needed temporary easements from the town and it describes how we get to our piece as a private right-of-way. MEMBER OLIVA: Who owns the right-of-way? Doesn't the Church? TOM MCCARTHY: The Church owns the right-of-way. Its actually, its an unusual F piece of property because of the way it had been subdivided over time. The property that the Church owns that they're left with as a remainder parcel is actually in a Z shape and they transferred out of other parcels over the course of time. And it's not very distinguishable just looking at the Tax Map initially. If you look at it highlighted, you can see where the Church still remains. So we have, in our deed, a right to travel across that 28 foot right-of-way that the Church when they sold the parcel initially, they granted the right to travel across the right-of-way to the initial holder of the property and that has been subsequently transferred down through the channel title across the years to myself. I'd like to make a clarification this evening, and that has to do with the address of the property. I've made a mistake with the address of the property and it's only through a little bit of research that I found that out. I looked at the Town Property Tax Card and that's how I based my decision on how we were describing this piece of property and its listed as 640 Church Lane. Then it goes on to say that the parcel that's abutting my parcel to the east is a private road. I just like to offer that to you. They don't say that the parcel that's abutting my property is Church Lane. Somewhat leading into the issue of a street and where the street happens to be. I believe that the address at one point was 640 Church Lane and actually mistakeningly created the LLC and we called it Church Street. But I feel that it's neither. In just going down and taking a look at any of the town records and I can't really find Church Street listed as a town road. The only thing that I can find that has some semblance to Church Street, where it is and what it is, I'm sorry Church Lane, where it is and what it is, is the picture I took this evening right in front of the Church and Church Lane is actually a piece of property that runs to the east side of the Church, not this particular right-of-way. It has a sign there. That's a view looking up Page 14,Apnl 18,2002 ZBA Public Heanng Tianscnpt Town of Southold Church Lane. And Church Lane carne into being, it had been an access road for the y Town of Southold running to the east of the church right into parcel which is now part of the landfill because the Town did not own the entire frontage that it owns on Route 48 right now. They only had an access point there when it went back and opened up to the landfill. Subsequently, they acquired other properties along Route 48 and created the entire frontage that they have. It is my opinion that Church Lane is the foriner access road that went back to the property in the rear, which was the landfill, and it's not the right-of-way that we're speaking about. I have a survey from takings of what was County Road 27 and it was done Suffolk County Department of Public Works, which actually shows the Town of Southold flag lot, as well as the adjacent properties on 48. This actually shows a little better detailing right at the entrance to where Church Lane comes next to the Church. CHAIRMAN: Mr. McCarthy, we need to speed this up a little. TOM MCCARTHY: The reason why I'm getting to the issue of Church Lane and the issue being where it is, is that I don't feel that it's a street and this is the third reason why I'm here. I've been denied a Building Permit because under the opinion of the principle- building inspector I had more than 60 feet of frontage on a street. I don't believe I'm on a street. I believe I'm on a private right-of-way. That private right-of-way is not a street. And even Church Lane is not listed in Southold Town Roads. Which happens to go to what is a definition of a street. It needs to be listed on the Town listing. In order for the provision to apply according to the Code, it needs to be a street, which is an existing Town, County, State or Highway, which we don't have, street shown on an approved sub- division, we don't have. A Street shown on a map filed with the County Clerk, we don't have. And a street shown on the Town Official Map, which we don't have. MEMBER TORTORA: Sounds like you read an interpretation that this Board did a couple of years ago. TOM MCCARTHY: To be honest with you, this is my opinion. I understand we are going to hear from some of the other folks that are here tonight and have to address whatever questions, but, in my opinion, I don't feel I should be here. MEMBER TORTORA: On the issue of, its going to take us time to review all of the documents, and I will, I will go through them very thoroughly to review them to see if it is an official road. If it is not an official road, and it is not a street, then the Board has in the past, usually concurred with on this. If it's not on an official map, it's a private right- of-way, you have a deed to the right-of-way, and then we'll go to that issue. What you're asking for is essence, is a reversal of the Building Department's determination that the bulk schedule should apply to a non-conforming lot. TOM MCCARTHY: I don't believe that I need a variance according to the code, but that's up to you to decide. I believe that I conform to the code in all three aspects of why I'm here. Page 15,Apnl 18,2002 ZBA Public Heanug Tianscnpt Town of Southold MEMBER TORTORA: Okay, now I'm going to cast back to Jerry in the event that the Board does not agree with you and is not willing to reverse the Building Department's determination, which you addressed the area variance so you don't have to come back. TOM MCCARTHY: I'd be happy to do that MEMBER TORTORA: For the rear yard setback and also, the width of the building because that is definitely not a reversal that it is the way it is. The third thing is to address, taking that 100 feet and knocking something off of it. TOM MCCARTHY: And what would the basis be, knocking off of it, if it were not a street? MEMBER TORTORA: Because whether it's a street or not, the width of the building would still exceed the code. You're talking about the setback correct? TOM MCCARTHY: Three issues, front and rear yard setback, which might conform to the non-conforming bulk schedule. The definition of a street and the portion of the code that says that you cannot have any more than 100 feet of building facing the street. We have 50 feet facing 48. MEMBER TORTORA: The Board has not dealt with this particular type of thing before, but the bottom line is that we're always required to grant the minimum variance necessary. The burden of proof is on you to prove why this building cannot less than 100 feet long. TOM MCCARTHY: If I were seeking a variance? MEMBER TORTORA: Correct. TOM MCCARTHY: In my opinion, my impression is I would be happy to speak with you regarding that, if you find that the law is not in my favor, that says that all things that are presented to you to night defines that as a street and I need to comply with the 100 foot. CHAIRMAN: I think what we can do is we can ask you to do at this point is, reduce it to writing. TOM MCCARTHY: You'd have me do that? Speaking with Mr. Chituk also this evening and the very reason why we have this particular site plan is so that we did not need a variance. There are other locations that maybe we can take and turn this building so perhaps it would be better for the neighbors across the street. But the reason why we didn't do that is we felt that we were complying with the code, as it exists. We could rotate the building 90 degrees and put it up towards the northerly property line and run it parallel. Perhaps that would be better for the neighbors. i r Page 16,Apnl 18,2002 ZBA Public Hearing Tianscnpt Town of Southold CHAIRMAN: George? MEMBER HORNING: Have you approached the neighbors of this property? TOM MCCARTHY: Across the right-of-way, I'll give you a copy of my tax card, which pulls it out incorrectly as well. MEMBER HORNING: I'd like to clarify that. TOM MCARTHY: Thank you. I've been so used to saying that I'm incorrect as well. The photo proves that Church Lane is on the east side of the Church. I have just have a letter from the neighbor to the rear Mr. Krudop, who recently purchased some property and had an application in front of this Board stating that he has no objection. CHAIRMAN: Mr. McCarthy I'm getting the impression that we may want to hold this over to the special meeting on May 2nd, 2002, so we would like you to reduce those standards that you feel may be in germane to writing and let us have a chance to look at them, preferably by May 1"or so. Or maybe even the 30th of April. TOM MCCARTHY: I would be happy to do it. CHAIRMAN: We'll hear testimony from the nice people that came tonight that are not only the Church people but, of course, some contiguous neighbors, or adjacent. TOM MCCARTHY: Thank you very much. CHAIRMAN: Is there anybody else that would like to speak in favor? Anybody like to speak against? In the back please? DEACON FORTH: My name is Deacon Forth, from the First Baptist Church of Cutchogue. I am also a Trustee. Our main concern that the Church is the right-of-way. We were informed that Mr. McCarthy was going to make toMr. Chituk and the pool company. Our main concern about the right-of-way is the size of the trucks that are going to be driving up and down the road. Because this is the Church's right-of-way, we are responsible for the upkeep of that right-of-way. So these trucks traveling up and down the right-of-way will, of course, create damage problem, it's a right-of-way, you were the one that said it was a right-of-way, its not a street, it's a right-of-way, which we own. The other issue was if he is selling it to a pool company because it's still residential, even though its light industrial, there are still people living in the area with a lot of young kids. We're concerned about the chemicals also that this pool company is going to be having. Of course, we said we have a lot of kids in the area. We don't want to make it to the point where these kids have a hard time going out and playing in their yard because of breathing the fumes of these chemicals. That's our main concern and the upkeep of this right-of-way if the trucks are traveling up and down also. MEMBER TORTORA: Have you talked to the owner about that? Page 17,April 18,2002 ZBA Public Heanng Tianscnpt Town of Southold DEACON FORTH: No we haven't. CHAIRMAN: Okay, well we're going to have him address those issues; they may not be tonight. I'm not trying to put you off, but we have a huge agenda tonight. So we are going to run this over to the May 2"d meeting, special meeting, we'll set a time before we close this and we'll have Mr. McCarthy address those issues along with Mr. Chituk. MEMBER TORTORA: And you can come back then too. The main concern is the maintenance of the right-of-way, and any effects of the noise, dust, odor, pollution it might have on the neighborhood. CHAIRMAN: Who is speaking there? I just need you to use the microphone please? Mrs. Brown, I apologize can you, do you have trouble walking over there? HELEN BROWN: I'm quite concerned because when I moved there it was very nice for children, young children. And I do have my six grandchildren there with me. The youngest at seven years old. And the if heavy duty trucks are going to be coming in there, that's not too good for those kids to be out there playing. Children don't realize danger and the trucks are going to come in and they may not even see it. That's why I'm very concerned about it. They have to go out of that driveway, to the Main Road to catch the bus to school. And they are there all the time. So I am quite concerned, as well as r being a member of the First Baptist Church Cutchogue. I think that's why we are all here. CHAIRMAN: Okay. The gentleman in the green shirt in the back, do you want to speak? ANGELO STEPNOSKI: Yes, in favor. CHAIRMAN: You want to speak in favor. ANGELO STEPNOSKI: I own an adjacent piece of property from Mr. Chituk's. CHAIRMAN: What's your narne sir? ANGELO STEPNOSKI: Angelo Stepnoski. CHAIRMAN: Thank you. Mr. McCarthy, one quick question from Mrs. Tortora. MEMBER TORTORA: I don't see any landscaping on here. Have you been to the Planning Board yet? TOM MCCARTHY: No actually, we have to go through a site plan review process. MEMBER TORTORA: We do not have a letter from the Planning Board noting that in the file. Page 18,Apnl 18,2002 ZBA Public Heanng Tianscnpt Town of Southold TOM MCCARTHY: We went to the Planning Board of December of last year regarding some of these issues. They asked us to go to the Building Department and we met with Bob Kassner and we also met with the Board at a work session here and they asked us to work out these issues and come back to then for site plan. MEMBER TORTORA: Okay, we still need to get a letter of recommendation from the Planning Board and we do not have that in the file right now. TOM MCCARTHY: I don't know, perhaps that dropped through the cracks when Mr. Kassner left. MEMBER TORTORA: I don't know, but it's very difficult for us to look at a complete picture here and review everything if they haven't at least looked at it. Because there are concerns from the neighbors about noise and dust and traffic and as far as the right-of- way is concerned, what is your response to the neighbors concerns? TOM MCCARTHY: I spoke with Mr. Chituk and he has no problem with maintaining that right-of-way. I don't think he feels he wants to put a burden on the members of the Church for something that may happen based on his traffic on the road. He has equipment that he would use to maintain that road to make sure it is safe to travel. MEMBER OLIVA: Have you discussed it with the church? TOM MCCARTHY: No, I haven't. MEMBER TORTORA: Well, maybe between now and May 2"d you can meet with the church and come up with some kind of written agreement that would be amicable to the church as well as Mr. Chituk. CHAIRMAN: Also, the ability of the trucks from Mr. Chituk's site, proposed site, when they would be going out, when they would be coming back and so on and so forth. Just so the church is aware and the neighbors are aware when the road would be heavily used. MEMBER OLIVA: And I think they're very concerned about the storage of these chemicals. If they have any leakage, or what have you or if kids start playing around. It's a very dangerous situation. CHAIRMAN: We're going to ask them to address that. TOM MCCARTHY: It will be addressed together with the Building Department and the Fire Marshall, who has now made his presence more known and all the buildings in Southold Town and the Fire Marshall has been in my office and several other buildings around making sure that everything complies and I think he's doing a fine job. Page 19,Apnl 18,2002 ZBA Public Hearing Tianscnpt Town of Southold CHAIRMAN: Let me just say this to you Mr. McCarthy. It's assumed that when you run a pool company, the major portion of the pool chemicals are usually purchased at this time of the year, and then toward the fall there are lesser chemicals in the building I would assume. Is that correct? TOM MCCARTHY: To be honest with you CHAIRMAN: I need you to kind of address that. TOM MCCARTHY: I would be happy to have Gene come up and speak if you will because I can't speak to exactly how he's running that. CHAIRMAN: Mr. Chituk how are you tonight sir? GENE CHITUK: Good, as far as the chemicals go, I never really have more than a week's supply of chemicals at one time. I get a weekly supply of chemicals that last for the week. I have a separate storage container for them, with the placards that it needs to have on there. So it's legal for everybody. CHAIRMAN: Is that container, will it be inside the building, or will it be outside the building? GENE CHITUK: Well, I have the option of putting inside or outside the building. CHAIRMAN: In your opinion, is it safer inside the building or safer outside the building? I don't want you, if you can't answer the question now, I don't want you to. GENE CHITUK: I can put it inside the building and that will be covered up twice. It's not a problem. I comply with all the regulations that as far as the chemical companies are concerned. MEMBER OLIVA: Could I ask you, why do you need such a large building? GENE CHITUK: I have a,just as far as the supplies and the pool kits, this time of year I like to put inside so. MEMBER OLIVA: These are for what, above ground pools? GENE CHITUK: In-ground pools. MEMBER OLIVA: Oh, in-ground pools. GENE CHITUK: I have a truck and a trailer that I would like to just hide away. Several pieces of equipment I would like to hide away. Everybody you talk to, they never have enough space when you put up a building. So I figured I'd start with a big one. O Page 20,Aptil 18,2002 ZBA Public Heanng Ttanscnpt Town of Southold CHAIRMAN: When you refer to the pool kits, you're referring to the walls to the pool, the liner. GENE CHITUK: The pool, the liner, the skimmers, you know just various pieces of the pool. MEMBER ORLANDO: What's the containers that the chemicals come in? Are they 55- gallon drums, 5 gallons? GENE CHITUK: They're in a, as far as the liquid chlorine, its in a box. But its 16 inches by 16 inches square; four gallons of this liquid chlorine is in this box and each box is marked. MEMBER ORLANDO: So it's manageable? GENE CHITUK: Exactly. MEMBER ORLANDO: So you don't do 55-gallon drums? GENE CHITUK: No 55-gallon drums, not even 5-gallon drums. It just makes it easier for us too. CHAIRMAN: Any other questions of Mr. Chituk? Okay, thank you sir. We appreciate ' it. Reverend you had a question back there? REVEREND: Yes. CHAIRMAN: I think we saw you last time when we were granting you the new church. REVEREND: My name is Reverend Cornelius. Our concern is that the people in the Town of Southold, especially the First Baptist Church of Cutchogue. Now why I'm concerned I know, the concern of what you have in there and who is in danger and what surrounds the building. I've been in this church for thirteen years and we been working here with the landfill (inaudible). We have talked to the highway department about coming into the landfill and since I've been there, several accidents have happened. Right there at the church, right at the door of the church. My concern now about the landfill on one side and, but now you got a building coming up on the other side. So my real concern are about the people around the church and the people that stand there, are the children like sister Helen Brown was saying. And the chemicals. Now you are going to have more traffic and you're also going to have chemical on one side. But we worship there, we have congregation there, we have people coming from all over there. We have Sunday school there, children, so my concern about that little area right there, that little area is not a big area. So a whole lot of big trucks, or a whole lot of big construction, because right now you are trying to get the landfill. It's just like all of a sudden we just can't squeeze any people, the people that worship there, people that live there. We are concerned. I'm concerned about the chemicals, the building (inaudible). Page 21,April 18,2002 ZBA Public Heanng Tinnsciipt Town of Southold And yet the highway department had not really made it safe on that road. We still have accidents, bad accidents on that road. Nobody has really done anything about it. CHAIRMAN: It's mainly because it's a County Road. It's not a Town Road. REVEREND: I understand that. But what I understand is, the child first priority, along with us as members of the church, is the safety and the whereabouts of the people of the community. I don't care if they are black, blue or white. All of our people are the welfare and safety of the people in this community. That's what I'm all about. That's why I'm concerned about the members of the First Baptist Church. We have so many other people that we fellowship together, from all over, are coining to worship, so you endanger them, as well as us, if you don't do things properly. So that's my concern. CHAIRMAN: Reverend I have to ask you a question. Normally, we would swear someone in, but you are a man of god so we are going to put you in the same position as an attorney. It is my understanding, and you don't have to answer this question now, certainly its in the future hearing of this, it is my understanding that when you do move further down County Road 48, that the elders of this church, as they exist today, do not want to sell this church, is that correct? REVEREND: I'm quite sure that the elders still want to keep the church. s CHAIRMAN: I have spoken to a couple of your parishioners and they told me at this time that, even when you do move down there this church may still be an annex to your other church. REVEREND: It's a possibility, that's right it might be. CHAIRMAN: Is that correct? REVEREND: The congregation and any Baptist have the right to vote, and once they vote, the majority always rules. And the majority of the rule of the church is to keep it there, they keep it active for restoration or whatever, then they will keep it. Its up to the congregation of the church. When we go, wherever we go, it's always up to the congregation. And that's how we live, the majority always rules, because it's a people church, not one person, it's a people church. Whatever the people want that's what we decide to do. So there is a possibility. CHAIRMAN: Thank you very much. All right we'll see you back on May 2nd. We want to thank everybody for their courtesy and we'll see everybody back at 7:15 on May 2°d I'll offer that as a resolution. SEE MINUTES FOR RESOLUTION 'r 6:36 p.m. Appl. No. 5085—GARY AND CYNTHIA KISTNER. ` z, Page 2—May 2,2002 Meeting Transcript of Public Hearings Southold Town Board of Appeals Ms Wickhail That is correct. r Chairman: That is proximately 75 feet northeast of the prope on the proposed plan? Ms. Wickham. That is oirect. That zoning distric me in doesn't really coincide with very much of anything except perhaps th depth of the limited b mess property of Mr.Beebe to the south, that is limited businesses zone Chairman: This does not share an f t business? Ms.Wickham:No I think I g you a py of the zoning map the last time and it's dust that little piece that Mr Beebe owns that has designation Chairman: Thank you. Please don't leave until w close this hearing. is there anyone else who would like to speak in favor o a ainst this application? Seeing o hands, I make a motion to close the hearing and reserving a de Psion until later. SEE MINUTES FOR SOLUTION 7:17 p.m. Application No. 5084640 Church Street continuation from April 18 for additional information (a) applicant and P.B reviews, (b)discussion by applicant with neighbors about concerns. Chairman Goehringer. Mr.McCarthy how are you tonight? Mr. McCarthy: Good Evening. To update circumstances since the last public hearing and the suggestion of the board on April 23rd. We met with the membership of the first Baptist Church of Cutchogue at their church in Cutchogue. I think we had a very productive meeting just addressing issues that the congregation had. I believe you're in receipt of a letter that is dated April 30th on the various points of that letter. I would be happy to give a copy to the members of the church dust so they can acknowledge or atleast have a copy of what is in the file. Some of things that were spoken about were similar to the issues that were brought up at the less public hearing. Which was traffic on the right-of-way and how that will be dealt with There were concerns about that it is being used as the residential neighborhood and children playing in the area. there were issues of maintenance of the right-of-way and how that would be resolved. Also the liability of what happens on the right away. Storage of chemicals on site. Traffic perhaps on Sunday that may conflict with what is happening at the church and on the church's property. And also spoke about the location of the building on the site. In summary, I don't know if there were resolution to all those issues but at least they were discussed. Mr. Chituk can take those issues it into consideration in how he conducts his business and how his people travel up-and-down the right way to get to and from the proposed building. I do know how much market into that right now. I know the church has concerns. Member Tortora: Mr. McCarthy, the synopsis of the meeting that you had with the church that you sent us on April 30th and your perspective on the outcome meeting, to the members of the church have a copy of this? Mr.McCarthy:No.As I(interrupted) Member Tortora: Could you provide a copy of this to the members now before we proceed and let me review it so that we can determine whether they concur with your conclusions? Mr. McCarthy: Certainly. With all due respect we are certainly looking to work together with the members of the church. I am trying to come back to the issues at hand whether or not the issues are along the reasons why we are here. Those are whether the nonconforming bulk schedule applies to this property or if the Page 3—May 2,2002 Meeting [ Transcript of Public Hearings Southold Town Board of Appeals right-of-way is determined to be a street Those are the issues why we are here but at the same time we're g Y Y certainly looking to work together with the church. I'm happy to enter any questions that might be out there on any of those issues Chairman: I dust one essay that we have to assume what its before us that the three issues are that are before us that were created by the building department and a notice of disapproval exist. There may be some discussion from those when we get to the deliberation issue as you saw us deliberate tonight on two or three applications prior to this hearing. I think we have to assume at least one or two of those of not all three, have some validity. We are not positive. It leaves us with the issue of this entire congregation that has a concern. And that concetom is great concern to us. That the reason why we have agreed to continue this hearing at this meeting. I guess the question I have a you is, there is no change in the conformity of the building there is no change in the movement the building? Mr. McCarthy: we have a proposal for an alternate scheme, to be honest with you Mr. Chairman of the bases that the congregation have or not as much the building homicide as it is the people coming to and from the site. I would be happy to submit to you an alternate scheme which shows a 4800 square foot building it is rotated 90 degrees to the north. That may in fact create some other variance issues. Do you want a copy that? Chairman: Is this our copy? Mr. McCarthy: Yes. Hopefully the members of the church concur with our meeting last time that they weren't so concerned about the building and now is situated on the property as to use of the building and the use of the runaway itself. Member Tortora: One question I had was right now they propose stricture is 49 almost 50 feet by 100 almost 5000 square feet. Why would you need 5000 square feet for a pool business. Mr. McCarthy: Mr. Chituck is here. We can estimate come up here in answer that. But,he has equipment, he has trucks he has things to be stored inside the building. Here supplies. And he has vehicles. He liked to use is building to keep things out of the way Member Tortora: there is no retail sales involved in race at all?This is dust storage of trucks? Miss McCarthy:Mr. Chituk,finance about himself. Chairman: Before you leave I need to ask you one question. I know you met with a Planning Board verbally.Have they looked at either one of these plans? Mr. McCarthy: I the recent past no.a work sessions back in December they saw the first in this is a revised location. This is a new plan. We plan on submitting it to them tomorrow. They do not have a copy of the revised plan. Member Tortora: That is what they said. They did not see any plan from you. We wwere waiting for you to submit a plan to them so we can get their input as is customary on commercial buildings.we are kind of open the air because we have not gotten their input. Mr.McCarthy:I can understand that and that is our delay in getting back to them. Chairman: I think the culmination of this hearing tonight we will again recess until we get their input to give on the whole thing as to which plan like the best. Assuming they take the plan that you have just submitted Jr , Page 4—May 2,2002 Meeting Transcript of Public Hearings Southold Town Board of Appeals to us thenYou'll take that back to the Building Department artment and make sure whatever other issues they want to raise,so we can deal with that issue and notice of disapproval. Mr.McCarthy O.K.That is frie. Chairman: That would be the proper thing to do All right thank you.Mr. Chituk. I know you have testified to this before in reference to the size of the building and your needs. Maybe you can answer Mrs Tortoras' question. Mr. Chituk: The reason I want the building to be that big is because I have a lot of stuff that I Want to keep in out of the weather. The pool kit is one thing. It takes up a lot of space. If I can have 2 or 3 pool kits on hand at any time,when we get busy we start doing two or three or wake I dust want to keep them in out of the weather. I do have pickups that I'd like to keep inside any other supplies, filters...I do have chemicals, not a big supply. Like we talked about the last time only a weeks worth.It has to be inside. Chairman: can you just take a picture sometime of when you are moving or they are delivering one of these pool kits for an average size pool, so the Board some perspective. I know what they...Norm Reilly lives across a street from me, I know what he gets delivered. I am aware of that situation. The present members that are here with me and the other two that are not here with us can get a perspective of what one pool is comprised of.This way they can understand that.We will multiple that by three or four, then we know how much space that is taking up out of the size of the site. Member Orlando-While we are on the subject how wide is a pool kit? Mr. Chituk. A pool kit will take up about a 20 ft. box truck. It will not fill it but it will take up most of it. it is eight-foot wide 20 ft. long,six-foot high. Chairman: When we see those open trailers going by with all different types of contortions of things on them,we know that is basically probably one swimming pool that is going down the highway? Mr. Chituk: Right. The step itself will take up...it is eight-foot long and 4 ft. wide. it is like a 4 ft. square by eight-foot long.It is not heavy it is just bulky. Member Orlando:Forklift on,and forklift off? Mr. Chituk:Yes. Member Tortora: I guess I have concerns because I know that it is a industrial zone area but it is also a residential area with people who have had homes in the area for many years. Ytoou are requesting a lot of variances in my"mind. In the variances are substantial. I would like to see you scaled-down the proposal and I am not inclined to look favorably upon the size of and magnitude of the structure. The request of the variances are very substantial. It is 100 ft.long building.The code is 60. Mr. Chituk:The new proposal we have it is 80.We not get back to 80 Chairman Goehringer: It is a little square of,this one. Board Secretary: Are you amending the application for this plan? Tom McCarthy:We are looking for feedback from the Board. Board Secretary: So it is not part of the application at this time. Page 5—May 2,2002 Meeting Transcript of Public Heat Ings Southold Town Board of Appeals Chairman Goehringer: I personally like the new plan. It is going a little farther back and(interrupted) Member Tortora: The new plan is 30 ft. from the right away. Chairman:I know it is 30 ft. buts it to the rear of the property further. Member Tortora- It is 30 ft. from the right-of-way instead of 100 ft. and 30 ft from the rear yard instead of the 70.I think we need to study the plan. What I am asking is one other things that we always look for in a variance is, is this the minimum relief required? That is really the bottom line on us. Whichever plan we look at, is that the minimum size that you require for your business? Mr. Chituk: To 20 by 30, that is a garage. That is not big enough I want to put up a building that I can operate comfortably at. Member Tortora:You feel that a 5000 square foot building is the minimum size that you can...? Mr. Chituk:The other one we proposed is 4800 We knocked off some of it.I need the space. Member Tortora: O K. Chairman Goehringer. Thank you Sir. Is they are anyone who like to speak on this? Any members of the church or spokespersons . Good evening Ma'am,could you state your name for the record? Viola Cross: I am Viola Cross and a live behind the first Baptist Church. the building is one thing but the _ chemicals and what have you that will be in the building, is another. That is my concern because I am right there. The cesspools are directly in front of my house. I'm concerned about the septic tank. With the chemicals, I have heard different thmgs about them exploding and buildings being exploded from these chemicals. and then there is the evacuation plan we don't even have one back there. Another thing I would like to know,when was a zoned changed in the area? Chairman: I can't answer that question,Ma'am Member Tortora: I was trying to figure that out myself Mrs. Cross because someone else asked me that question.I really don't have any answer. Mrs. Cross:Because when I moved there it was residential. In front of my house with the traffic going back and forth,is another problem.My neighbors also they are here to speak for themselves. Chairman Goehringer: Let me address two things quickly. In reference to the sewage, you have the time now to discuss cesspool system and sewage with the Suffolk County Department of Health services. My suggestion is that you go up mayor and you speak to them. They are in the County Center in Riverhead. They are on the second floor, the southerly part of the building. I believe it is under Environmental Health Mrs. cross. I would urge you probably to take a copy of the plan with you so that you might be able to discuss it with one of the engineers up there. That issue will be dealt with. The question while you are standing here is of Mr.McCarthy.This is an insulated building,is that correct? Mr.McCarthy:That is correct. Chairman Goehringer- O.K. So I think the issue of the chemicals would be a little more severe if we were dealing with an insulated building or a building that would have a significant change in temperature.During a hot summer day as opposed to insulated building which there would be some deflection of that heat. I t Page 6—May 2,2002 Meeting Transcript of Public Hearings Southold Town Board of Appeals can't tell you move to discuss that way that this point. It is an excellent question.but it is one in the 22 years that I have sat on this Board,that I can't tell you who actually to discuss that with.I will think about that and we'll get back to either yourself or one of the church members if I can think of someone that you might want a talk to recording the storage of those chemicals. possibly the Suffolk County Fire Marshal They are in Yapank. Down by the medium security facility dust south of the main precinct. It is in the Commissioners Office of Fire Safety. Member Tortora:Maybe limiting in address. Chairman. You dust call 852-1400 and asked the commissioners office after nine o'clock in the morning. S. for the commissioners office who deals with fire safety. They do these inspections. We are Suffolk County residents and we have to avail ourselves of these services at times. Mrs. Cross: Another thing, if there is a fire back there at that building there is no evacuation for us there.No plan and all. Chairman: that you have to back to the Fire Chief in the respective community That would be of course Cutchogue. one of the three chiefs in Cutchogue.That is also an excellent question. Mrs. Cross: I am sure what the other people that live here have some sort of concern.Thank you. Chairman:Thank you.Would anyone else like to speak?Mr.Domino. Mr. Domino, Anti-Bias Task Force: I am Mike Domino. I am a member of the Anti-Bias Task Force. In listening to this,I have some concerns about the building size. Some quick math,on the size of the kits that he mentioned. The size of the box truck. With three of them on site, comes to about 1000 square feet. If -- you have a the couple of pickup trucks and other stuff, it still doesn't come anywhere near the 5000 square feet that they are asking for this building. My point is that the initial proposal 49 by 100 feet and now they are-'knocking back, in their terms, to 4800 square feet. That is not a significant decrease. I am really concerned when people asked for a variance that there is a real need for it and that there is a basic hardship involved.I don't see that. Also,she had a concern with a community about road traffic, and other issues that was raised such as egress in terms of fire and so forth. I am asking you basically to do what is fair and do the right thing with space which would at this point be to act in the negative fashion on this application Thank you. Chairman:Thank you. Mr.Frank Lybert: I lived in this area since about 1977.This place has always been a residential place.I do not see why we have to go through all this when there is land on Cox and 48 industrial Park that he can build. I'm sure there is land somewhere else. My concern is the traffic. God for big something happens like a kid gets hit by a car. Don't think that this place should be industrial in my opinion. I don't have nothing against nobody but this is more like a residential area not a commercial with big trucks going by.There will be one big truck going by next thing,you know,in five years there will be two, three. I don't think it should be allowed out there.Thank you. Chairman:Thank you.Anybody else? Sir. Mrs. Brown: I am concerned because I have, as they spoke before, six grandchildren and I am directly across from the property. I have three quarters of an acre the whole area is almost adjacent to my property in the kids have to walk out of there every time to catch to school bus. I am concerned about that plus a few have asthma which I do and coupled my grandchildren the dust from that. I wish you can come down there can take your hand and run them across the Windows sills, they are terrible. That is no good for upper Page 7—May 2,2002 Meeting \� Transcript of Public Hearings Southold Town Board of Appeals respiratory problems. If you don't live in the area it might not affect you too much,but if you have to inhale the dust and everything else chemical filmes. It is not too good. I don't believe. This is the way out here. I have my oldest grandchildren wanted to see what it was like. Chairman- Let me ask Mr McCarthy a question. Not to put you on the spot Mr. McCarthy or Mr. Chituk, wasn't there some suggestion on the table that Mr. Chituk was going to pave this road Mr. McCarthy: We actually talk to the members of the church on the 23rd about doing a blue stone on the road as opposed to an asphalt pavement. Chairman: Okay so we're talking stone blend or some... Mr. McCarthy: Right. I can't speak for Mr. Chituk on this right now if there something else is more acceptable I know there are cost factors involved. We didn't really speak only were together about asphalt or anything like that. Perhaps it is possibility. Chairman: Paving is paving.It is a lot better than what we have.I'm sorry Mrs.Brown I just wanted to clear that issue up. Mrs. Brown: That is all well in good, but still unless they do something with the ground after they remove the trees in everything that dust is still going to come out. Like I said I have of upper respiratory problems and also two of my grandchildren We are directly in front of it. My Land is three-quarters of an acre so it is almost...it is right there.That is what.That is what I'm concerned about I'm not trying to be a person that is a complainer all the time. I think I have to be concerned too. r Chairman:Thank you. Larry Williams: My name is Larry Williams and I am a member of the church and have some correspondents with the heaviest over to the board dust prior to the meeting. And correspondents reads thusly: (See attached). Chairman: Thank you, Sir. Anybody else like to speak? Rev. Burngrout: I am Rev. Sarah Burngrout. The minister at the church at the bend.the First Universalist Church. for almost all the five and a half years that I have been in Southold, I have been a member of the Antibias Task Force education. Viola Cross is also a member of that committee. It is my observation through things that I have heard the Anti-Bias Task Force deal with,one of them was that that neighborhood which I value has been at risk several times during my five and a half years here. The first time I think was from fumes which came from the landfill which caused an emergency and the community itself was notified. That is something which we talked about. I have concerns.that let me know that that neighborhood was at risk because of what the management of the dump does. The next thing I knew was the Viola's house was flooded and that is something for which the Town perhaps was responsible. I would like that neighborhood to be safe. That church is one year older than I'm. That makes it 77 years he has been there. And that neighborhood needs to be honored by the Town Southold. I would like however life can be worked out in negotiated to let Southold know that this community is important. I heard the author of this book, I will show to you to, I have asked the Southold Library to get a copy. By special permission in the Mattituck Library let me bring this so I can inform myself to about the history of the Cutchogue Church. Viola Cross is famous. She is an evangelist. She's right there in the book. I'm interested local history that is something been learning. Antonia Booth has helped me learn about Southold's history. I am suggesting that there is more that we could know to honor and make this community safe. Chairman:Anybody else like to speak? 4 ' Page 8—May 2,2002 Meeting Transcript of Public Hearings Southold Town Board of Appeals Rev. Fulford: I am Rev. Fulford, the Pastor of the First Baptist Church in Cutchogue. I am here today once again like some of our members just to speak on behalf of the situation I have heard Viola Cross and all of them it also Tom McCarthy speak about what he wants to do them at the landfill. Down they are on the other side of our church at the landfill. My concern has always been a membership of the church and the community. What I don't really understand is how the land was changed to industrial from residential when it has always been residential around. it has a whispered residential even before the land fill and they were living there. I don't have nothing against nobody that is trying to do their business that is fine.My concern is that how can you take a residents that has church there and turn it into an industrial which you can come in input buildings and machines and stuff there. You already have a dangerous situation aware they have come to the houses on the town of the landfill. I'm really concerned I'm really concerned about the membership of the church and the residence there. And now this could happen. When you're talking about industrial utility the buildings and machinery you can put anything there. If you have residence there, that live there that play there. Chairman: Rev. let me hold do you at this point. This is an Appellate Board. This is not a Legislative Board.The Town,not the present Town Board,probably 10 years ago or 12 years ago change this property. It is only town board that could change the zone on this property it is not this Board. By the time we finish with these hearings we're going to ask Mr. McCarthy and Mr Chituk that to build for us a model storage building for Mr. Chituk's business. If this is to stay the way this.And we assume it is going to stay the way it is because of the fact that the zoning exist. As I said the only the Town Board can take the zoning away. Rev. Fulford: All I ask that whatever you do always remember that, I know that you do, look out for the safety of the people in the community. Because the community of the town of Southold concerns everybody I know that you and other people are responsible for the members and the people of the Town Southold. Chairman:Thank you. Member Tortora: Rev. I had one question. In the letter that Mr. McCarthy submitted to the Board. the church is very concerned about the churches liability about the right away.Explain that to me please Rev.Fulford:The road belongs to the church. If he comes in with a truck or tractor and somebody gets hurt. It doesn't have to be a member of our church, it is on our road. That means that we are responsible because it is our road. Member Tortora:No it doesn't. Rev.Fulford: He is responsible for it,is that what you're telling me? Member Tortora: No, what I am telling you is that that is a red herring. All roads in the Town, given that theory, if I stumbled and fell in the middle of the road, would the town be responsible? Would I sue the Town for$one million?Maybe I would,but as far as the liability. We took to the town attorney about this. It is certainly nothing to...it is not generally covered under your insurance policy. So it is not anything to be terribly afraid of. I would hope that you would have an opportunity to be able to consult legal counsel on issues like this so you get correct information. I am not an attorney. I did ask our town attorney the disparity of this. I just want to get that clear and I would really hope that before you take any action as for selling the right-of-way or... Rev.Fulford:We wouldn't sell the right-of-way. Page 9—May 2,2002 Meeting Transcript of Public Hearings Southold Town Board of Appeals Member Tortora- I was under the impression that Mr Chituk was offering to purchase the right way. Please try to get the benefit of legal counsel that could really give you the hard-core facts of that so you cut right to the chase so you know what is in what isn't on that. Chairman Goehringer: What Mrs Tortora is requesting is that seek some legal advice regarding that I don't think the cost church anything. Member Tortora There are a number of roads in this town that are writer ways owned by private individuals, ironically enough this is the first application that have heard any grave concerns about liability exposure. Rev. Fulford I thank you for your advice. we as the members of the church we don't want no loopholes. something happened in all the sudden. I am just concerned about the members of the residents that I don't want anything to happen down the road that we might overlook. Member Tortora: We are led to believe that it is not as serious as concerned as you may think it is. It would really be better if you would get legal counsel. Member Orlando: I have a question Rev. did the church owned his property before Mr. McCarthy. Rev.Fulford.Yes. Member Tortora:How do they get lost? Rev. Fulford: We owned the piece of property on the road and apiece in the back for ever since I've been p there and even before I came there. We have not sold anything to anyone. The land that was sold around a - church was sold but we have not sold anything. Member Orlando: So it was not your property? Rev. Fulford- The land that he bought was not ours. It was not ours when he bought it. We used to own it a long time ago. before I came here. The church used to owned a lot of property in there I have been at the church for 13 years God bless you and thank you so much Chairman Goehrmger: No problem. If it is all right with everybody at this point, I think we will recess the hearing until June 6-giving everybody the time to do their work that they so choose to do. That of course it is Mr.McCarthy and Mr. Chituks'meeting Planning Board and submission to the Planning Board.Anything that you want to inquire about Mrs. Cross if we can assist you in any way we certainly will try. We thank you Rev. for coming in. It is a pleasure to see you again and is a pleasure to have the community here. We thank Mr.McCarthy and Mr. Chituk also. SEE MINUTES FOR RESOLUTION Recessing the hearing to June 6,2002. Prepared by Jill Doherty. („l 'CART`rN j [gal anagement, Inc. 46520 Route 48, Southold, New York 11971 (631) 765-5815 (631) 765-5816 FAX !!moi \�7 V I�1� 1 Southold Town Zoning Board of Appeals Y 240 )L Iii Route 25 Southold,NY 11971 _ May 28, 2002 640 CHURCH ST. LLC Chituk Pools Dear Mr. Chairman, Enclosed please find the source of our right of ingress and egress to the above captioned parcel. Could please alter our request to add the variance required under Section 280-a of New York Town Law. Thanky for your time and attention to this matter, 4 �-- Thomas J. cCarthy LLC member encl: Bruce Kennedy Letter �s FBC to Bertha Jones deed c9-�> , 22 j ,o c � q4zo�i S b-c" Construction Management • General Contracting • Custom Homes 4 LAW OFFICES BRUCE KENNEDY, P.C. 31 GREENE AVENUE,AMITYVILLE,NY 11701-0545 P.O.Box 545 f _S f TEL: (631)691-0100 J 1',' ,r - =� L,�. �f , f 'f FAx: (631)691-1029 I' _` f r e-mail:bkennedypc@aol.com ('I , MAY �! I BRUCE KENNEDY y44 GLENN T.NUGENT KAREN GIERIE NEWMAN MARIE TODICE May 22, 2002 LEGAL ASSISTANTS 640 Church Street LLC 46520 County Road 48 Southold, NY 11971 Att: Thomas McCarthy Re: Premises: 640 Church Lane, Cutchogue, New York Dear Mr. McCarthy: This letter shall confirm that 640 Church Street LLC is the owner of record of the captioned premises also known as Suffolk County Tax Map No. 1000-96-1-11 .1 . The ownership of said premises includes the right to use the 28 foot right-of-way contiguous thereto based upon a grant in a deed from the First Baptist Church of Cutchogue to Bertha Jones, one of your predecessors in title, in a deed dated June 27, 1941 . A copy of said deed is attached hereto. Said grant has been continued in each of the subsequent deeds in your chain of title based upon language which conveys all the right, title and interest of the grantor in and to any streets and roads abutting the above-described premises. Very truly yours, BRUCE KENNEDY kg enc. ids• r.���, 1.. ,,I r,� , ��i'�u•yja�.y':Y:♦ �',..�S.f,} 1� � .�'o,�4M` ; _ -- - ____ -_ - __--_ -� - _ _ .j '�;�. -1 q r l '!.• �.+.1 .!�•'••� l:i is,:.•....ter..�:..,.«.. •.,'. ' i'}`. •I,'..i,. �,i'•.±. ,� '" '•r�� '+J:::1�• .0 ..-y,...,�. h nu.y,j+'' :.;}.,...i .. q?Jy �. +' �`: ''tdW��;•''.{i��N. i•,•;� 'SM01W C-1�l.T'1.�r,�1�•� .. ;' ::, '� ':s`' � :,.:.•'u,,,y�;�, �N,;,c,JL•�.. t• ,j ✓_..�.+r�^+ y .� _'�^.. •,1'I1. .t,N,:U: �i�. .NICD:• �;.1:Hf!b�.l;�'l�' ,��t{t•)� .� S ' ';:.'�'�lfr Y �y`�'jdi:✓h±j.r^^,{{.;II;fes-f �-t.•�•h.S�,i4fi`C'4>;' i?At"i i�.,P,;� f'Si;ti! '•.i.lr.. 1•�J`i•,�t,',,r;,'rl: .''-I '���..{•i,., ,,•� .�L,M�•`p.`."l , �• :� � It yy:,:nAr;V f tlr- '.L ��, , •!rt;. �'.;N.�.:yt ,.. .1, :/II,r,.. ,,.++.,`I 1•.,,,. .{,. •.�. [,n;,.,i• �i :• , •;�:W r;.F t r �,' '' >r:u�;���'+?i: �,�'�• ..,.• '1 lily ''�....r., ��,,., ,.,,, .',,�j I.rl.�,K}� �L'• �, �' ,. � ':c. , made the �, 7'� ' � • one d" .° ((' �. RST SA'R�Y9T CHURCH OF CtTTC HO UE LON6 ISLI�1D A till Ci,i:ZT y.,,;., l �,. Ji • J nl�`aw'rt.. f �., .R ,P of the firse P. God' sa a ;• p' R'., .�r1 :�:Ar f•• r�:.l,:�a.r,rll:•'rl• ,; -�''�I"._1" I .•. , ,�, .. ,. 191MMAY nk Of Cutehogue N -y Y-•ry �':y�:�E�.r•�J�� ;.;ta' ;�•'r!�lt,rj? �;; , . 1 � j, ••�� '�� i. '. j. ,kiltNo ,�.f`. a recon y . it 14 r+ i•,, STM,.,that,the parte of-the first part, in consideration of ,; i, �,. a�' {y .N�.;: •;a yari► ut,tnaHe�of the fJdited Q x$200.04)...00/10b. pis•!; °� ythe"'M�' oft the ir6hd part, doeahereb nt :' §�d`paT s �ei'•h� ,rs Y ,BM and rellease unto•'the party o . ' �{S�.;u1j'� ,�!�• ?ii a{', �1.17r1!fi'11•,` V1l;i ,.6, 'i��±9�•?'• '•�+r• 'n:. r: •, and assigns forererl. •',.r ',�3;,i ALV that .oertitin parcel or tre t ,>:'s � � �+ r rig of o q�l.''irPy ,��. ;.. :.�..��,•�� % j', :..ra,�1��;'�,'ti land at' utehe�u 5��.;!! •�'�}•�' z Y4v��Y�y1 got i•7ou��0 County of, Sutf k '' o1k and .State�;,o�� tiK.:'.,.c►.�!► t��d�.'t�orthe � .,►., .. .+K .�.. .� wJ�'• •� rlr, ,�7 Edmund Pittman one hundred { dyed and'.fi!'� r f 6). dt ��� ` tb East, �:'f,'litty feet by the "Dr h ' 3 •, t r ivewap �' ovtb y, �.rAetia of Fieverehdi: A. Green h N. one undyed and fit'ty 1 AC M..,-'�' Ti':SAGi 4769te p•-•--•�_� - .s_�., _: ' 141'9`;: y.;;land of �o�r3{de -� - • ,-. � slier i� �..�.� . .t •? Gat. �L�i-:, with a right of way over ga d "Driveway comm otherseiititl d to y .. :: .; a use the same. , •7•fil ..,�7ry�{.a�f „'' „ �e Deed le E�e '•t' :ti:iY Y••iyu�. .��,:�°�,'r1,. euted pursuant to an order `{, t •„•r �';1 •;;;`, �.. : of the �';> •,' � ' s,.. ;:' `t'r*,,-::i ;'••,:,' Cou•"n• ty Court tof Sutfolk County, dated the �' � dei of 1041• y,a 1"•'; it }.N.:r i .I.,1 y •';: 41 .�f�1'� `�Y. +;i'G`n•!.,� �• .. - �! � Kit�7 1 "� ET I NMI • � APPEAI,S BOARD MEMBERS ®SQFFO��-C Town Hal Gerard P. Goehrmger, Chairman -41 ®G'y S 53 951 Man Road 1 Lydia A. Tortora y P.O. Box 1179 George Horning • Southold,New York 11971-0959 Ruth D. Oliva ZBA Fax(631)765-9064 r\ Vincent Orlando 9 �+� Telephone (631)765-1809 `-� http://southoldtown.northfork.net BOARD OF APPEALS ATOWN OF SOUTHOLD 6A� � May 21, 2002 Mr. Thomas J. McCarthy McCarthy Management, Inc. 46520 C.R. 48 Southold, NY 11971 Re: 640 Church St. LLC Dear Mr. McCarthy: Thank you for submitting surveys for board review and the official file. In reviewing the survey, however, it is noted that a clear right-of-way access to the lot has not been confirmed and will be necessary as part of the board's review. Would you please furnish an original and six (6) prints of a title survey showing the legal access to the property from the County Road, and also furnish copies of the deed which conveys the right of access. A written letter or separate application form will be needed requesting a variance under Town Law, Section 280-A. This amendment is included under the $600 filing fee paid under Appl. No. 5084. r 1 `1 tom`' ZA1° Once the application has been amended and the above information furnished to the Board, a new notice of hearing, certified mailings, and publication ill follow as required under Chapter 58. When written comments have been forwarded to our Department regarding the new site plan application (to be filed with the Planning Board), the variance application will be returned to the hearing calendar. Please feel free to call if you have any questions regarding this procedure. Thank you. Very truly yours, Gerard P. Goehringer Chairman `MdCAFTHY-,.MANAGEMENT `qC,.' ' }., � r., �" • j h ' ,46520 County,Road'48`- =` ` i i'c 3' r C 4.•,SOlJ3HOL-D;NEW xYORK,11971 f_,�, 'DAW__ J.O'Bti eN;O. 5815°jj.(`16) 765_ oR .f s wE,q�r FAX (516) 765-5816 Ft ATTEN ION 4 TO ? is REba : G ;V .WE{ARE''SENDING-YOU ❑ Attached, ❑•Under separate cover via• the,following:items: i. ❑• Shbp�ydraw'ings ❑., Prints-= ❑ Plans ❑. Samples- ❑ 'Specifications: - }t`� '❑' Copy of;letter' • 0 Change orders a ❑ � (�T', 14 a-,i,,`, '�: a < r< < �. c, - • - .=fir .. "_ �� COPIES DATE NO. DESCRIPTION n ! NO S ?Ne-v dap THESE ARE-TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted. ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: PRODUCT 240T if enclosures are not as noted,kindly notify us at once. L • it .- , PEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman �� G�� 53095 Main Road Lydia A.Tortora 02 at P .O. Box 1179 George Horning ^� Southold,New York 11971-0959 Ruth D. Oliva 4,' ® ��� ZBA Fax(631)765-9064 Vincent Orlando Telephone�� Telephone(631)765-180 http://southoldtown.northfork.net BOARD OF APPEALS • TOWN OF SOUTHOLD , f May 14, 2002 / Mr. Thomas J. McCarthy ` McCarthy Management, Inc. 46520_C.R: 48' ` Southold,.NY 11971 Re: 640 Church St: LLC Dear Mr cCarthy: { In reviewing the file, it was noted that the owner's title'survey showing an access extending 215+-feet, from County Road 48 (Middle Road)dine was missing in the ,variance' submission. Would you please furnish our Department with an original and five prints of the available survey, which will be added to the preliminary,site,plan map and other information on file. Also, ' when completed, please confirm when an application has been ' ' reviewed by the Planning Board and the results of that procedure under the site plan regulations. , Thank you. Very truly yours, Gerard P. Goehringer ; Chairman Cv v `RANSMISSION VERIF=ICATION REPORT L �1® (�1 i TIME 05/20/2002 16:08 DATE DIME 05/20 16:07 FAX N0./NAME 7655816 DURATION 00:00:37 PAGE(S) 01 RESULT OK MODE STANDARD ECM ✓O °Our Only Message: Christ's 6onJori Our Only Mission: Saving Souls St.John 14:1 James 5:20 First Baptist Church of Cutchogue P. O. Box 534,Rte. 48 Middle Road Cutchogue,N.Y. 11935 Rev. Cornelius Fulford, Pastor Chairman Deacon Board: Church Office: 631-734-6108 DEACON KEVIN FORD Pastor Re.: 631-537-7891 i Chairman of Trustees: i 0) DEACON RICHARD TURPIN. jV Church Clerk: �t/►�� SIS.DENISE ROSS 516-298-4826 1 Town of Southold Board of Appeals P.O.Box 1179 Southold New York 11971 Re: SCTM# 1000-96-1-11.1 /Owner Tom McCarthy(640 Church Lane) Dear Board Members: 1The members of the community and the First Baptist Church of Cutchogue believe that Mr.McCarthy should be able to sell his property for an amount that is profitable for him. We believe that Mr.McCarthy should be able to pursue the business of his choice. We also believe that their quest for business should not be at the expense of the people,who have children to raise,own their homes,and worship in the area. The neighbors and worshipers already deal with the expansion of the town's sanitation facility and the traffic for which it generates. It is common to hear tires screeching and the crunch of metal when vehicles collide. The main entrance from this facility is approximately seventy five(75)yards east of the main entrance of the church. Secondary the church is only approximately thirty(30)feet from Route 48. Allowing access to the easement would create'a situation where trucks would be entering the propertyjust west of the church and where children play. No one can say with certainty that any type of chemical mishap no matter how small could lead to personal injury or death. Presently the water in the area is not suitable for human consumption. We are sure that families who owned property prior did not purposely contaminate the drinking water. We understand that the area has been zoned or rezoned light industry,but is this the type of venture that will enhance the surrounding area,and preserve our way of life. We ask the members of your board to look closely at this proposal. If it is determined that this proposal is legal then we ask the board to consider the contents of this correspondence. Sincerely, V Rev. rnelius Fulford,Pa for cc: Gerard P.Goehringer,Jr. Lydia A.Tortora James Dinizio,Jr. George Horning Ruth Oliva SOUTHOLD TOWN BOARD OF APPEALS TRANSCRIPT OF HEARINGS HELD APRIL 18, 2002 (Prepared by Paula Quintieri) Present were: Chairman Goehringer Member Tortora Member Horning Member Oliva Member Orlando PUBLIC HEARINGS: To be inserted 6:04 p.m. Appl. No. 5084 —,640 CHURCH ST., LLC. This is a request for a Variance under Sections 100-143.A and 100-142, based on the Building Department's January 10, 2002 Notice of Disapproval. Applicant is proposing to construct a new building located in the Light Industrial Zone District, with a building frontage (width) greater than 60 ft. long, and at less than 70 feet from the rear property line, at 640 Church Lane, Cutchogue; 96-1-11.1. TOM MCCARTHY: Good evening, Tom McCarthy, McCarthy Management, Southold. I am a principle on the 640 Church St. LLC, one of the principles that owns this property, this application. The gentleman we are presently contracted to sell this property to is Mr. Gene Chituk, Chituk Pools in Cutchogue who runs a pool construction business. He is a local gentleman. He is looking for a place to operate his business out of. He is presently renting space in Cutchogue and he is looking to become an owner and put up his own building and operate out of his own site. Just a little background on how we carne to this point. I happen to own this piece of property and have been before this Board numerous times and are fairly familiar with the zoning code of Chapter 110 of Southold. When Gene came to me what sort of a building can we fit on this property in order to house my business? And what I did is, I went to the zoning codebook that we have and looked at what our front, side and rear yard setbacks should be and the length of the building. And I counseled Gene, and with a little bit of egg on my face at the moment, because the Building Department has sent me to the Zoning Board saying that my application is not allowable because of zoning. The zoning code, the reason why I'rm here, is for a non- conforming front and rear setbacks, as well as, the distance from the street. I would like to deal with the first two issues, which is the front and the rear yard setback. The zoning code falls into the bulk schedule at the end of the code and it deals with conforming lots, in this case, light industrial district 40,000 square feet minimum lot area. For those lots that don't conform to bulk schedule, it tells us that we need to go over to 100-244 non- Page 2,Apnl 18,2002 ZBA Public Hearing Tianscnpt Town of Southold conforming lots. And the purpose of that section of the code is to provide minimurn standards for granting the building permit for the principal buildings of lots which are recognized by the Town under Chapter 100-24 are non-conforming and have not merged. This lot has not merged and is non-conforming because it has less than 40,000 square feet of lot area in a 40,000 square foot zone. So looking at the code it tells us, within 20,000 and 49,999 feet our front yard setback is 40 feet and our rear yard setback is 50 feet. I thought that was pretty unambiguous. It doesn't say, as the Building Department has determined, that these non-conforming lots are only residential non-conforming lots. The building code does not say that this is only used for residential properties. In a light industrial district, a non-conforming lot and my application I thought, complies with the front and the rear yard setback, as dictated to us in the code. The Building Inspector doesn't feel that way, and that's one of the reasons why we're here and I differ with him in that interpretation. And the very reason why the site plan, as submitted, has the front and the rear yard setbacks as they're shown, is so that we didn't need to come to this Board. That we didn't need that of a Variance. We are not looking for something that was not allowed in zoning We weren't looking to ask for anything special, we're looking to comply with the code and we're not here to say we're looking for some sort of special treatment. We're just looking to say this is what the code allows us to do, and that's what we'd like to do with this piece of property. A little bit of history, if I may on the property. The property itself was purchased by the Trustees of the First Baptist Church in Cutchogue from the McBrides and I have a deed going back to the 15th day of December 1925. 1 would like to just offer that the Board if I may and it shows the parcel in the works. I say the parcel in works, the Church over the course of time had sold numerous parts out of their entire parcel that they held and this is in the District 96-1 and we happen to own 11.1. But the surrounding properties in that area are all part of that parcel that they bought from McBride which was done prior to meeting the approval of the Planning Board of the Town and it was done by deed. There have been several mistakes in some of the deed descriptions, but they tended to work themselves out over time. I also submit to you, this is actually a snap that the town sent to me regarding the takings at the dump, the landfill. And it actually shows these properties and it shows some of the properties that needed temporary easements from the town and it describes how we get to our piece as a private right-of-way. MEMBER OLIVA: Who owns the right-of-way? Doesn't the Church? TOM MCCARTHY: The Church owns the right-of-way. Its actually, its an unusual piece of property because of the way it had been subdivided over time. The property that the Church owns that they're left with as a remainder parcel is actually in a Z shape and they transferred out of other parcels over the course of time. And it's not very distinguishable just looking at the Tax Map initially. If you look at it highlighted, you can see where the Church still remains. So we have, in our deed, a right to travel across that 28 foot right-of-way that the Church when they sold the parcel initially, they granted the right to travel across the right-of-way to the initial holder of the property and that has been subsequently transferred down through the channel title across the years to myself. I'd like to make a clarification this evening, and that has to do with the address of the property. I've made a mistake with the address of the property and it's only through a Page 3,April 18,2002 ZBA Public Heanng Tianscript Town of Southold little bit of research that I found that out. I looked at the Town Property Tax Card and that's how I based my decision on how we were describing this piece of property and its listed as 640 Church Lane. Then it goes on to say that the parcel that's abutting my parcel to the east is a private road. I just like to offer that to you. They don't say that the parcel that's abutting my property is Church Lane. Somewhat leading into the issue of a street and where the street happens to be. I believe that the address at one point was 640 Church Lane and actually mistakeningly created the LLC and we called it Church Street. But I feel that it's neither. In just going down and taking a look at any of the town records and I can't really find Church Street listed as a town road. The only thing that I can find that has some semblance to Church Street, where it is and what it is, I'm sorry Church Lane, where it is and what it is, is the picture I took this evening right in front of the Church and Church Lane is actually a piece of property that runs to the east side of the Church, not this particular right-of-way. It has a sign there. That's a view looking up Church Lane. And Church Lane came into being, it had been an access road for the Town of Southold running to the east of the church right into parcel which is now part of the landfill because the Town did not own the entire frontage that it owns on Route 48 right now. They only had an access point there when it went back and opened up to the landfill. Subsequently, they acquired other properties along Route 48 and created the entire frontage that they have. It is my opinion that Church Lane is the former access road that went back to the property in the rear, which was the landfill, and it's not the right-of-way that we're speaking about. I have a survey from takings of what was County Road 27 and it was done Suffolk County Department of Public Works, which actually shows the Town of Southold flag lot, as well as the adjacent properties on 48. This actually shows a little better detailing right at the entrance to where Church Lane comes next to the Church. CHAIRMAN: Mr. McCarthy, we need to speed this up a little. TOM MCCARTHY: The reason why I'm getting to the issue of Church Lane and the issue being where it is, is that I don't feel that it's a street and this is the third reason why I'm here. I've been denied a Building Permit because under the opinion of the principle- building inspector I had more than 60 feet of frontage on a street. I don't believe I'm on a street. I believe I'm on a private right-of-way. That private right-of-way is not a street. And even Church Lane is not listed in Southold Town Roads. Which happens to go to what is a definition of a street. It needs to be listed on the Town listing. In order for the provision to apply according to the Code, it needs to be a street, which is an existing Town, County, State or Highway, which we don't have, street shown on an approved sub- division, we don't have. A Street shown on a map filed with the County Clerk, we don't have. And a street shown on the Town Official Map, which we don't have. MEMBER TORTORA: Sounds like you read an interpretation that this Board did a couple of years ago. TOM MCCARTHY: To be honest with you, this is my opinion. I understand we are going to hear from some of the other folks that are here tonight and have to address whatever questions, but, in my opinion, I don't feel I should be here. • t Page 4,April 18,2002 ZBA Public Hearing Tianscnpt Town of Southold MEMBER TORTORA: On the issue of, its going to take us time to review all of the documents, and I will, I will go through thein very thoroughly to review them to see if it is an official road. If it is not an official road, and it is not a street, then the Board has in the past, usually concurred with on this. If it's not on an official map, it's a private right- of-way, you have a deed to the right-of-way, and then we'll go to that issue. What you're asking for is essence, is a reversal of the Building Department's determination that the bulk schedule should apply to a non-conforming lot. TOM MCCARTHY: I don't believe that I need a variance according to the code, but that's up to you to decide. I believe that I conform to the code in all three aspects of why I'm here. MEMBER TORTORA: Okay, now I'm going to cast back to Jerry in the event that the Board does not agree with you and is not willing to reverse the Building Department's determination, which you addressed the area variance so you don't have to come back. TOM MCCARTHY: I'd be happy to do that MEMBER TORTORA: For the rear yard setback and also, the width of the building because that is definitely not a reversal that it is the way it is. The third thing is to address, taking that 100 feet and knocking something off of it. TOM MCCARTHY: And what would the basis be, knocking off of it, if it were not a street? MEMBER TORTORA: Because whether it's a street or not, the width of the building would still exceed the code. You're talking about the setback correct? TOM MCCARTHY: Three issues, front and rear yard setback, which might conform to the non-conforming bulk schedule. The definition of a street and the portion of the code that says that you cannot have any more than 100 feet of building facing the street. We have 50 feet facing 48. MEMBER TORTORA: The Board has not dealt with this particular type of thing before, but the bottom line is that we're always required to grant the minimum variance necessary. The burden of proof is on you to prove why this building cannot less than 100 feet long. TOM MCCARTHY: If I were seeking a variance? MEMBER TORTORA: Correct. TOM MCCARTHY: In my opinion, my impression is I would be happy to speak with you regarding that, if you find that the law is not in my favor, that says that all things that Page 5,April 18,2002 ZBA Public Hearing Transcript Town of Southold are presented to you to night defines that as a street and I need to comply with the 100 foot. CHAIRMAN: I think what we can do is we can ask you to do at this point is, reduce it to writing. TOM MCCARTHY: You'd have me do that? Speaking with Mr. Chituk also this evening and the very reason why we have this particular site plan is so that we did not need a variance. There are other locations that maybe we can take and turn this building so perhaps it would be better for the neighbors across the street. But the reason why we didn't do that is we felt that we were complying with the code, as it exists. We could rotate the building 90 degrees and put it up towards the northerly property line and run it parallel. Perhaps that would be better for the neighbors. CHAIRMAN: George? MEMBER HORNING: Have you approached the neighbors of this property? TOM MCCARTHY: Across the right-of-way, I'll give you a copy of my tax card, which pulls it out incorrectly as well. MEMBER HORNING: I'd like to clarify that. TOM MCARTHY: Thank you. I've been so used to saying that I'm incorrect as well. The photo proves that Church Lane is on the east side of the Church. I have just have a letter from the neighbor to the rear Mr. Krudop, who recently purchased some property and had an application in front of this Board stating that he has no objection. CHAIRMAN: Mr. McCarthy I'm getting the impression that we may want to hold this over to the special meeting on May 2nd, 2002, so we would like you to reduce those standards that you feel may be in germane to writing and let us have a chance to look at them,preferably by May 1St or so. Or maybe even the 30th of April. TOM MCCARTHY: I would be happy to do it. CHAIRMAN: We'll hear testimony from the nice people that came tonight that are not only the Church people but, of course, some contiguous neighbors, or adjacent. TOM MCCARTHY: Thank you very much. CHAIRMAN: Is there anybody else that would like to speak in favor? Anybody like to speak against? In the back please? DEACON FORTH: My naive is Deacon Forth, from the First Baptist Church of Cutchogue. I am also a Trustee. Our main concern that the Church is the right-of-way. We were infonned that Mr. McCarthy was going to make toMr. Chituk and Page 6,April 18,2002 ZBA Public Hearing Tianscnpt Town of Southold the pool company. Our main concern about the right-of-way is the size of the trucks that are going to be driving up and down the road. Because this is the Church's right-of-way, we are responsible for the upkeep of that right-of-way. So these trucks traveling up and down the right-of-way will, of course, create damage problem, it's a right-of-way, you were the one that said it was a right-of-way, its not a street, it's a right-of-way, which we own. The other issue was if he is selling it to a pool company because it's still residential, even though its light industrial, there are still people living in the area with a lot of young kids. We're concerned about the chemicals also that this pool company is going to be having. Of course, we said we have a lot of kids in the area. We don't want to make it to the point where these kids have a hard time going out and playing in their yard because of breathing the fumes of these chemicals. That's our main concern and the upkeep of this right-of-way if the trucks are traveling up and down also. MEMBER TORTORA: Have you talked to the owner about that? DEACON FORTH: No we haven't. CHAIRMAN: Okay, well we're going to have him address those issues; they may not be tonight. I'm not trying to put you off, but we have a huge agenda tonight. So we are going to run this over to the May 2'd meeting, special meeting, we'll set a time before we close this and we'll have Mr. McCarthy address those issues along with Mr. Chituk. MEMBER TORTORA: And you can come back then too. The main concern is the maintenance of the right-of-way, and any effects of the noise, dust, odor, pollution it might have on the neighborhood. CHAIRMAN: Who is speaking there? I just need you to use the microphone please? Mrs. Brown, I apologize can you, do you have trouble walking over there? HELEN BROWN: I'm quite concerned because when I moved there it was very nice for children, young children. And I do have my six grandchildren there with me. The youngest at seven years old. And the if heavy duty trucks are going to be coming in there, that's not too good for those kids to be out there playing. Children don't realize danger and the trucks are going to come in and they may not even see it. That's why I'm very concerned about it. They have to go out of that driveway, to the Main Road to catch the bus to school. And they are there all the time. So I am quite concerned, as well as being a member of the First Baptist Church Cutchogue. I think that's why we are all here. CHAIRMAN: Okay. The gentleman in the green shirt in the back, do you want to speak? ANGELO STEPNOSKI: Yes, in favor. CHAIRMAN: You want to speak in favor. ANGELO STEPNOSKI: I own an adjacent piece of property from Mr. Chituk's. Page 7,April 18,2002 ZBA Public Heating Tianscnpt Town of Southold CHAIRMAN: What's your name sir? ANGELO STEPNOSKI: Angelo Stepnoski. CHAIRMAN: Thank you. Mr. McCarthy, one quick question from Mrs. Tortora. MEMBER TORTORA: I don't see any landscaping on here. Have you been to the Planning Board yet? TOM MCCARTHY: No actually, we have to go through a site plan review process. MEMBER TORTORA: We do not have a letter from the Planning Board noting that in the file. TOM MCCARTHY: We went to the Planning Board of December of last year regarding some of these issues. They asked us to go to the Building Department and we met with Bob Kassner and we also met with the Board at a work session here and they asked us to work out these issues and come back to them for site plan. MEMBER TORTORA: Okay, we still need to get a letter of recommendation from the Planning Board and we do not have that in the file right now. TOM MCCARTHY: I don't know, perhaps that dropped through the cracks when Mr. Kassner left. MEMBER TORTORA: I don't know, but it's very difficult for us to look at a complete picture here and review everything if they haven't at least looked at it. Because there are concerns from the neighbors about noise and dust and traffic and as far as the right-of- way is concerned, what is your response to the neighbors concerns? TOM MCCARTHY: I spoke with Mr. Chituk and he has no problem with maintaining that right-of-way. I don't think he feels he wants to put a burden on the members of the Church for something that may happen based on his traffic on the road. He has equipment that he would use to maintain that road to make sure it is safe to travel. MEMBER OLIVA: Have you discussed it with the church? TOM MCCARTHY: No, I haven't. MEMBER TORTORA: Well, maybe between now and May 2nd you can meet with the church and come up with some kind of written agreement that would be amicable to the church as well as Mr. Chituk. Page 8,April 18,2002 ZBA Public Heanng Tianscnpt Town of Southold CHAIRMAN: Also, the ability of the trucks from Mr. Chituk's site, proposed site, when they would be going out, when they would be coming back and so on and so forth. Just so the church is aware and the neighbors are aware when the road would be heavily used. MEMBER OLIVA: And I think they're very concerned about the storage of these chemicals. If they have any leakage, or what have you or if kids start playing around. It's a very dangerous situation. CHAIRMAN: We're going to ask them to address that. TOM MCCARTHY: It will be addressed together with the Building Department and the Fire Marshall, who has now made his presence more known and all the buildings in Southold Town and the Fire Marshall has been in my office and several other buildings around making sure that everything complies and I think he's doing a fine job. CHAIRMAN: Let me just say this to you Mr. McCarthy. It's assumed that when you run a pool company, the major portion of the pool chemicals are usually purchased at this time of the year, and then toward the fall there are lesser chemicals in the building I would assume. Is that correct? TOM MCCARTHY: To be honest with you CHAIRMAN: I need you to kind of address that. TOM MCCARTHY: I would be happy to have Gene come up and speak if you will because I can't speak to exactly how he's running that. CHAIRMAN: Mr. Chituk how are you tonight Sir? GENE CHITUK: Good, as far as the chemicals go, I never really have more than a week's supply of chemicals at one time. I get a weekly supply of chemicals that last for the week. I have a separate storage container for them, with the placards that it needs to have on there. So it's legal for everybody. CHAIRMAN: Is that container, will it be inside the building, or will it be outside the building? GENE CHITUK: Well, I have the option of putting inside or outside the building. CHAIRMAN: In your opinion, is it safer inside the building or safer outside the building? I don't want you, if you can't answer the question now, I don't want you to. GENE CHITUK: I can put it inside the building and that will be covered up twice. It's not a problem. I comply with all the regulations that as far as the chemical companies are concerned. Page 9,April 18,2002 ZBA Public Heanng Tianscript Town of Southold MEMBER OLIVA: Could I ask you, why do you need such a large building? GENE CHITUK: I have a,just as far as the supplies and the pool kits, this time of year I like to put inside so. MEMBER OLIVA: These are for what, above ground pools? GENE CHITUK: In-ground pools. MEMBER OLIVA: Oh, in-ground pools. GENE CHITUK: I have a truck and a trailer that I would like to just hide away. Several pieces of equipment I would like to hide away. Everybody you talk to, they never have enough space when you put up a building. So I figured I'd start with a big one. CHAIRMAN: When you refer to the pool kits, you're referring to the walls to the pool, the liner. GENE CHITUK: The pool, the liner, the skimmers, you know just various pieces of the pool. MEMBER ORLANDO: What's the containers that the chemicals come in? Are they 55- gallon drums, 5 gallons? GENE CHITUK: They're in a, as far as the liquid chlorine, its in a box. But its 16 inches by 16 inches square; four gallons of this liquid chlorine is in this box and each box is marked. MEMBER ORLANDO: So it's manageable? GENE CHITUK: Exactly. MEMBER ORLANDO: So you don't do 55-gallon drums? GENE CHITUK: No 55-gallon drums, not even 5-gallon drums. It just makes it easier for us too. CHAIRMAN: Any other questions of Mr. Chituk? Okay, thank you sir. We appreciate it. Reverend you had a question back there? REVEREND: Yes. CHAIRMAN: I think we saw you last time when we were granting you the new church. REVEREND: My naive is Reverend Cornelius. Our concern is that the people in the Town of Southold, especially the First Baptist Church of Cutchogue. Now why I'm Page 10,April 18,2002 ZBA Public Hearing Transcript Town of Southold concerned I know, the concern of what you have in there and who is in danger and what surrounds the building. I've been in this church for thirteen years and we been working here with the landfill (inaudible). We have talked to the highway department about coming into the landfill and since I've been there, several accidents have happened. Right there at the church, right at the door of the church. My concern now about the landfill on one side and, but now you got a building coining up on the other side. So my real concern are about the people around the church and the people that stand there, are the children like sister Helen Brown was saying. And the chemicals. Now you are going to have more traffic and you're also going to have chemical on one side. But we worship there, we have congregation there, we have people coming from all over there. We have Sunday school there, children, so my concern about that little area right there, that little area is not a big area. So a whole lot of big trucks, or a whole lot of big construction, because right now you are trying to get the landfill. It's just like all of a sudden we just can't squeeze any people, the people that worship there, people that live there. We are concerned. I'm concerned about the chemicals, the building (inaudible). And yet the highway department had not really made it safe on that road. We still have accidents, bad accidents on that road. Nobody has really done anything about it. CHAIRMAN: It's mainly because it's a County Road. It's not a Town Road. REVEREND: I understand that. But what I understand is, the child first priority, along with us as members of the church, is the safety and the whereabouts of the people of the community. I don't care if they are black, blue or white. All of our people are the welfare and safety of the people in this community. That's what I'm all about. That's why I'm concerned about the members of the First Baptist Church. We have so many other people that we fellowship together, from all over, are coming to worship, so you endanger them, as well as us, if you don't do things properly. So that's my concern. CHAIRMAN: Reverend I have to ask you a question. Normally, we would swear someone in, but you are a man of god so we are going to put you in the same position as an attorney. It is my understanding, and you don't have to answer this question now, certainly its in the future hearing of this, it is my understanding that when you do move further down County Road 48, that the elders of this church, as they exist today, do not want to sell this church, is that correct? REVEREND: I'm quite sure that the elders still want to keep the church. CHAIRMAN: I have spoken to a couple of your parishioners and they told me at this time that, even when you do move down there this church may still be an annex to your other church. REVEREND: It's a possibility, that's right it might be. CHAIRMAN: Is that correct? Page 11,April 18,2002 ZBA Public Hearing Transcript Town of Southold REVEREND: The congregation and any Baptist have the right to vote, and once they vote, the majority always rules. And the majority of the rule of the church is to keep it there, they keep it active for restoration or whatever, then they will keep it. Its up to the congregation of the church. When we go, wherever we go, it's always up to the congregation. And that's how we live, the majority always rules, because it's a people church, not one person, it's a people church. Whatever the people want that's what we decide to do. So there is a possibility. CHAIRMAN: Thank you very much. All right we'll see you back on May 2nd. We want to thank everybody for their courtesy and we'll see everybody back at 7:15 on May 2nd I'll offer that as a resolution. SEE MINUTES FOR RESOLUTION (to be inserted) 8:37 p.mP; 1. No. 5068 — CHRISTINE AND GLENN DAWSON. Regarding a request for C iicate of Occupancy for two single-family residential st;,&tures located at 150 Broadwate>kRoad, Cutchogue; 1000-104-10-8. Applicants: (1) request an Interpretation of Sect", 100-241G and 100-242A of the Zoning Coft;e; and (2) Appeal - for a Variance or other r"Teff, regarding the Building Department's N Atice of Disapproval dated December 14, 2001, which states that an Accessory, nonconforming cottage is non- habitable based upon the Building-4nspector's Housing Code Inspection Report of 4/13/00 and pursuant to Article XXIV, Section 100-241 G, which states: Whenever a nonconforming use o'f-�a�building or pr mises has been discontinued for a period of more than two (2)'-,,years or ,as been changed to a higher classification or to a conforming use, anything in this Article to the contrary notwithstanding, the nonconforming use of'such building or premises shall no longer be permitted unless a variance there ore shall have been granted by the Board of Appeals. f CHAIRMAN: The second to the last hearing,"6f the evening is 068, Christine and Glemi Dawson. (muffled) during this application ome of which rriay r may not effect you in your presentation, I doubt it will effect you in your presentation, I think it's an overall, overview of the entire hearing; and thatfis that what is before us tonighKis the use of this cottage it is not the use of the remaining portion of this property. Wei are dealing specifically about this cottage and only about this cottage. That is the cottage, which is closest to the creek and the Buildipg Inspectors Determination of that, is that correct? J� STEPHEN ANGEL, ESQ.: Correct. CHAIRMAN: So I al-v of taking any other testimony tonight on anything other than what's germane to this�,eottage. And I'm just making that as a general statement V J Sgt May 14, 2002 Fax and Regular Mail Mr. Thomas J. McCarthy McCarthy Management, Inc. 46520 C.R. 48 Southold, NY 11971 Re: 640 Church St. LLC Dear Mr. McCarthy: In reviewing the file, it was noted that the owner's title survey showing an access extending 215+-feet, from County Road 48 (Middle Road) line was missing in the variance submission. Would you please furnish our Department with an original and five prints of the available survey, which will be added to the preliminary site plan map and other information on file. Also, when completed, please confirm when an application has been reviewed by the Planning Board and the results of that procedure under the site plan regulations. Thank you. Very truly yours, Gerard P. Goehringer Chairman CC r U%G 5/2-9/0 Z /� {, HISSION VERIFICATION REPORT TIME 05/14/2002 12: 22 DATE DIME 05/14 12:21 FAX NO. /NAME 7655816 DURATION 00:00:30 PAGE(S) 01 RESULT OK MODE STANDARD ECM P NG BOARD MEMBEI, �S0 0'_ BENNETT ORLOWSKI,JR. � �Gy P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 Jam/ WILLIAM J.CREMERS y = Southold, New York 11971-0959 KENNETH L.EDWARDS • Telephone (631) 765-1938 GEORGE JR y�f01 � Fax(631) 765-3136 RICHARD CAGG O 11 � PLANNING BOARD OFFICE TOWN OF SOUTHOLD 1 , MAY m Memorandum To: Gerard P. Goehringer, Chairman, Zonin Board of Appeals From: Valerie Scopaz, AICP, Town Planner Re: 640 Church Street Application No. 5084 Date: May 2, 2002 On Tuesday, April 30th, Thomas McCarthy submitted a verbal request for Planning Board input on the above-noted case. He was informed that his request was to be submitted in writing. Since the applicant has not submitted a site plan application, I am requesting a copy of all submissions by the applicant to.the ZBA files. Upon receipt of Mr. McCarthy's letter, I will put this item on the Planning Board work session for discussion. Cc: Bennett Orlowski, Jr., Chairman a BOARD OF APPEALS Dq. TOWN OF SOUTHOLD THURSDAY,MAY 2,2002 SPECIAL MEETING Present were: Gerard P.Goehrmger,Chairman Lydia A.Tortora,Member Vincent Orlando,Member Linda Kowalski,Board Secretary Absent were- George Horning,Member Ruth D. Oliva,Member PUBLIC HEARINGS 7:10 P.M.Appl ation No. 5071 -Walter Teresko and E McGrath. (Continuation from April 18th calendar for PB comments. Chairman Goehrmg : Mrs.Wickham,we are ready. Mrs. Wickham: Good vening. I met with the Planning Board, as you can see, and we discuss the arrangement. I sent you letter yesterday that indicated their position as to the roadways have been cleared up. The issue they had a ut the other lot to the North has been cleared up. Their position whether they would recommend a reduc 'on in lot size remains the same in that the Planning Board does not do that. They have reiterated that position.They made the notion at the work session as I did at the last hearing that there is no increase in density ere this is nearly a request,while it is to a very small lot,it is a request that would attempt reconcile to the roperty to the weight it was historically used. Mr. Teresko and his family understood that it should have be n backed to 1954. 1 don't have anything else to a ad I think we introduced discussion last time.If you have an questions that remain unanswered,I would like to try to answer them. Chairman: I am just going to go bac to the rear of the property again and visualize it as I did before. We will see how that develops. We will obably not make a decision tonight. No. 1 we do not have a full board and No. 2 I want to re-investigate e property. Ms Wickham: O.K.If Mr.Teresko is here,he can answer any questions. Chairman:Vincent,do you have any question ? Vincent Orlando.No,I do not. Chairman:Lydia? Member Tortora:You agree with a planning board to ombine lot one driveways with a common easement? Ms.Wickham:Yes. Member Tortora:No,I don't have any questions. Ms. Wickham: Lot one would have one common access to ew Suffolk Road. which would include the right-of-way to the other property to the north. Lot 2 won d continue to have its own access on New Suffolk Road.That was my letter to you and to the Planning Bo d. Chairman: Ms. Wickham I know we discussed this before the z g districtp lines lits the R-40 from the AC is that correct? Y Page 2—May 2,2002 Meeting Transcript of Public Hearings Southold Town Board of Appeals Ms. Wi`1i\7: That is correct Chairman: T at is approximately 7\fee ortheast of the property on the proposed plan? Ms. Wickham- hat is correct. That zonin district line m doesn't really coincide with very much of anything except perhaps the depth of the limited smess property of Mr Beebe to the south, that is limited businesses zone. 7 Chairman:This does not are any of that business? Ms. Wickham:No. I think I ga e you a copy of the zoning map the st time and it's dust that little piece that Mr. Beebe owns that has that desi nation. Chairman: Thank you. Please don't le'euntil we close this hearing. is there anyone else who would like to speak in favor or against this appliSeeing no hands, I make a motion to close the hearing and reserving a decision until later. SEE ES FOR RESOLUTION 7:17 p.m. Application No. 5084 - 640 Church Street. (continuation from April 18 for additional information: (a) applicant a . . eviews; (b)discussion by applicant with neighbors about concerns. Chairman Goehringer: Mr.McCarthy how are you tonight? Mr. McCarthy: Good Evening. To update circumstances since the last public hearing and the suggestion of the board on April 23rd. We met with the membership of the first Baptist Church of Cutchogue at their church in Cutchogue. I think we had a very productive meeting just addressing issues that the congregation had. I believe you're in receipt of a letter that is dated April 30th on the various points of that letter. I would be happy to give a copy to the members of the church just so they can acknowledge or atleast have a copy of what is in the file. Some of things that were spoken about were similar to the issues that were brought up at the less public hearing. Which was traffic on the right-of-way and how that will be dealt with. There were concerns about that it is being used as the residential neighborhood and children playing in the area. there were issues of maintenance of the right-of-way and how that would be resolved. Also the liability of what happens on the right away. Storage of chemicals on site. Traffic perhaps on Sunday that may conflict with what is happening at the church and on the church's property. And also spoke about the location of the building on the site. In summary, I don't know if there were resolution to all those issues but at least they were discussed. Mr. Chituk can take those issues it into consideration in how he conducts his business and how his people travel up-and-down the right way to get to and from the proposed building. I do know how much market into that right now. I know the church has concerns. Member Tortora: Mr. McCarthy, the synopsis of the meeting that you had with the church that you sent us on April 30th and your perspective on the outcome meeting, to the members of the church have a copy of this? Mr.McCarthy:No.As I(interrupted) Member Tortora: Could you provide a copy of this to the members now before we proceed and let me review it so that we can determine whether they concur with your conclusions? Mr. McCarthy: Certainly. With all due respect we are certainly looking to work together with the members of the church. I am trying to come back to the issues at hand whether or not the issues are along the reasons why we are here. Those are whether the nonconforming bulk schedule applies to this property or if the s' Page 3—May 2,2002 Meeting Transcript of Public Hearings Southold Town Board of Appeals right-of-way is determined to be a street. Those are the issues why we are here, but at the same time we're certainly looking to work together with the church. I'm happy to enter any questions that might be out there on any of those issues. Chairman: I dust one essay that we have to assume what its before us that the three issues are that are before us that were created by the building department and a notice of disapproval exist. There may be some discussion from those when we get to the deliberation issue as you saw us deliberate tonight on two or three applications prior to this hearing. I think we have to assume at least one or two of those of not all three, have some validity. We are not positive. It leaves us with the issue of this entire congregation that has a concern. And that concetom is great concern to us That the reason why we have agreed to continue this hearing at this meeting. I guess the question I have a you is, there is no change in the conformity of the building there is no change in the movement the building? Mr. McCarthy: we have a proposal for an alternate scheme, to be honest with you Mr. Chairman of the bases that the congregation have or not as much the building homicide as it is the people coming to and from the site. I would be happy to submit to you an alternate scheme which shows a 4800 square foot building it is rotated 90 degrees to the north. That may in fact create some other variance issues. Do you want a copy that? Chairman: Is this our copy? Mr. McCarthy: Yes. Hopefully the members of the church concur with our meeting last time that they weren't so concerned about the building and now is situated on the property as to use of the building and the use of the runaway itself. Member Tortora: One question I had was right now they propose structure is 49 almost 50 feet by 100 almost 5000 square feet. Why would you need 5000 square feet for a pool business. Mr. McCarthy: Mr. Chituck is here. We can estimate come up here in answer that. But,he has equipment, he has trucks he has things to be stored inside the building. Here supplies. And he has vehicles. He liked to use is building to keep things out of the way. Member Tortora: there is no retail sales involved in race at all?This is dust storage of trucks? Miss McCarthy:Mr.Chituk,finance about himself Chairman: Before you leave I need to ask you one question. I know you met with a Planning Board verbally.Have they looked at either one of these plans? Mr. McCarthy: I the recent past no.a work sessions back in December they saw the first in this is a revised location. This is a new plan. We plan on submitting it to them tomorrow. They do not have a copy of the revised plan. Member Tortora: That is what they said.They did not see any plan from you.We wwere waiting for you to submit a plan to them so we can get their input as is customary on commercial buildings.we are kind of open the air because we have not gotten their input. Mr.McCarthy:I can understand that and that is our delay in getting back to them. Chairman:I think the culmination of this hearing tonight we will again recess until we get their input to give on the whole thing as to which plan like the best. Assuming they take the plan that you have dust submitted r Page 4—May 2,2002 Meeting Transcript of Public Hearings Southold Town Board of Appeals to us, then you'll take that back to the Building Department and make sure whatever other issues they want to raise, so we can deal with that issue and notice of disapproval. Mr.McCarthy: O.K.That is fine. Chairman: That would be the proper thing to do. All right thank you.Mr. Chituk. I know you have testified to this before in reference to the size of the building and your needs. Maybe you can answer Mrs Tortoras' question. Mr. Chituk: The reason I want the building to be that big is because I have a lot of stuff that I Want to keep in out of the weather. The pool kit is one thing. It takes up a lot of space. If I can have 2 or 3 pool kits on hand at any time,when we get busy we start doing two or three or wake. I just want to keep them in out of the weather. I do have pickups that I'd like to keep inside any other supplies, filters...I do have chemicals, not a big supply. Like we talked about the last time only a weeks worth.It has to be inside. Chairman: can you just take a picture sometime of when you are moving or they are delivering one of these pool kits for an average size pool, so the Board some perspective. I know what they..Norm Reilly lives across a street from me, I know what he gets delivered. I am aware of that situation. The present members that are here with me and the other two that are not here with us can get a perspective of what one pool is comprised of This way they can understand that. We will multiple that by three or four, then we know how much space that is taking up out of the size of the site. Member Orlando:While we are on the subject how wide is a pool kit? Mr. Chituk: A pool kit will take up about a 20 ft.box truck.It will not fill it but it will take up most of it. it is eight-foot wide 20 ft. long,six-foot high. Chairman: When we see those open trailers going by with all different types of contortions of things on them,we know that is basically probably one swimming pool that is going down the highway? Mr. Chituk: Right. The step itself will take up...it is eight-foot long and 4 ft. wide. it is like a 4 ft.square by eight-foot long.It is not heavy it is just bulky. Member Orlando:Forklift on,and forklift off? Mr. Chituk: Yes Member Tortora: I guess I have concerns because I know that it is a industrial zone area but it is also a residential area with people who have had homes in the area for many years. Ytoou are requesting a lot of variances in my mind. In the variances are substantial. I would like to see you scaled-down the proposal and I am not inclined to look favorably upon the size of and magnitude of the structure. The request of the variances are very substantial. It is 100 ft. long building.The code is 60. Mr. Chituk:The new proposal we have it is 80.We not get back to 80. Chairman Goehringer: It is a little square of,this one. Board Secretary:Are you amending the application for this plan? Tom McCarthy:We are looking for feedback from the Board. Board Secretary: So it is not part of the application at this time. Page 5—May 2,2002 Meeting Transcript of Public Hearings Southold Town Board of Appeals Chairman Goehringer: I personally like the new plan. It is going a little farther back and(interrupted) Member Tortora: The new plan is 30 ft. from the right away Chairman: I know it is 30 ft.buts it to the rear of the property further. Member Tortora: It is 30 ft. from the right-of-way instead of 100 ft. and 30 ft. from the rear yard instead of the 70.1 think we need to study the plan. What I am asking is one other things that we always look for in a variance is, is this the minimum relief required? That is really the bottom line on us Whichever plan we look at,is that the minimum size that you require for your business9 Mr. Chituk: To 20 by 30, that is a garage. That is not big enough. I want to put up a building that I can operate comfortably at. Member Tortora:You feel that a 5000 square foot building is the minimum size that you can...? Mr.Chituk:The other one we proposed is 4800.We knocked off some of it.I need the space. Member Tortora: O.K. Chairman Goehringer: Thank you Sir. Is they are anyone who like to speak on this? Any members of the church or spokespersons . Good evening Ma'am,could you state your name for the record? Viola'Cross: I am Viola Cross and a live behind the first Baptist Church. the building is one thing but the chemicals and what have you that will be in the building, is another. That is my concern because I am right there. The cesspools are directly in front of my house. I'm concerned about the septic tank. With the chemicals, I have heard different things about them exploding and buildings being exploded from these chemicals. and then there is the evacuation plan we don't even have one back there. Another thing I would like to know,when was a zoned changed in the area? Chairman: I can't answer that question,Ma'am. Member Tortora: I was trying to figure that out myself Mrs. Cross because someone else asked me that question.I really don't have any answer. Mrs. Cross:Because when I moved there it was residential.In front of my house with the traffic going back and forth,is another problem.My neighbors also they are here to speak for themselves. Chairman Goehringer: Let me address two things quickly. In reference to the sewage, you have the time now to discuss cesspool system and sewage with the Suffolk County Department of Health services. My suggestion is that you go up mayor and you speak to them. They are in the County Center in Riverhead. They are on the second floor, the southerly part of the building. I believe it is under Environmental Health Mrs. cross. I would urge you probably to take a copy of the plan with you so that you might be able to discuss it with one of the engineers up there. That issue will be dealt with. The question while you are standing here is of Mr.McCarthy.This is an insulated building,is that correct? Mr.McCarthy:That is correct. Chairman Goehringer: O.K. So I think the issue of the chemicals would be a little more severe if we were dealing with an insulated building or a building that would have a significant change in temperature.During a hot summer day as opposed to insulated building which there would be some deflection of that heat. I Page 6—May 2,2002 Meeting Transcript of Public Hearings Southold Town Board of Appeals can't tell you move to discuss that way that this point. It is an excellent question. but it is one in the 22 years that I have sat on this Board, that I can't tell you who actually to discuss that with.I will think about that and we'll get back to either yourself or one of the church members if I can think of someone that you might want a talk to recording the storage of those chemicals. possibly the Suffolk County Fire Marshal They are in Yapank. Down by the medium security facility just south of the main precinct. It is in the Commissioners Office of Fire Safety. Member Tortora: Maybe limiting in address. Chairman: You just call 852-1400 and asked the commissioners office after nine o'clock in the morning. S. for the commissioners office who deals with fire safety. They do these inspections. We are Suffolk County residents and we have to avail ourselves of these services at times. Mrs. Cross: Another thing,if there is a fire back there at that building there is no evacuation for us there.No plan and all. Chairman: that you have to back to the Fire Chief in the respective community. That would be of course Cutchogue. one of the three chiefs in Cutchogue.That is also an excellent question. Mrs. Cross: I am sure what the other people that live here have some sort of concern.Thank you. Chairman:Thank you.Would anyone else like to speak?Mr.Domino. Mr. Domino, Anti-Bias Task Force: I am Mike Domino. I am a member of the Anti-Bias Task Force. In listening to this,I have some concerns about the building size. Some quick math, on the size of the kits that he mentioned. The size of the box truck. With three of them on site, comes to about 1000 square feet. If you have a the couple of pickup trucks and other stuff, it still doesn't come anywhere near the 5000 square feet that they are asking for this building. My point is that the initial proposal 49 by 100 feet and now they are knocking back, in their terms, to 4800 square feet. That is not a significant decrease. I am really concerned when people asked for a variance that there is a real need for it and that there is a basic hardship involved.I don't see that. Also,she had a concern with a community about road traffic,and other issues that was raised such as egress in terms of fire and so forth. I am asking you basically to do what is fair and do the right thing with space which would at this point be to act in the negative fashion on this application. Thank you. Chairman: Thank you. Mr. Frank Lybert: I lived in this area since about 1977.This place has always been a residential place.I do not see why we have to go through all this when there is land on Cox and 48 industrial Park that he can build. I'm sure there is land somewhere else. My concern is the traffic. God for big something happens like a kid gets hit by a car. Don't think that this place should be industrial in my opinion. I don't have nothing against nobody but this is more like a residential area not a commercial with big trucks going by.There will be one big truck going by next thing,you know, in five years there will be two,three. I don't think it should be allowed out there.Thank you. Chairman: Thank you.Anybody else? Sir. Mrs. Brown: I am concerned because I have, as they spoke before, six grandchildren and I am directly across from the property. I have three quarters of an acre the whole area is almost adjacent to my property in the kids have to walk out of there every time to catch to school bus. I am concerned about that plus a few have asthma which I do and coupled my grandchildren the dust from that. I wish you can come down there can take your hand and run them across the Windows sills, they are terrible. That is no good for upper Page 7—May 2,2002 Meeting Transcript of Public Heanngs Southold Town Board of Appeals respiratory problems If you don't live in the area it might not affect you too much,but if you have to inhale the dust and everything else chemical fumes. It is not too good I don't believe. This is the way out here. I have my oldest grandchildren wanted to see what it was like. Chairman: Let me ask Mr. McCarthy a question. Not to put you on the spot Mr. McCarthy or Mr. Chituk, wasn't there some suggestion on the table that Mr. Chituk was going to pave this road. Mr. McCarthy: We actually talk to the members of the church on the 23rd about doing a blue stone on the road as opposed to an asphalt pavement. Chairman: Okay so we're talking stone blend or some... Mr. McCarthy Right. I can't speak for Mr. Chituk on this right now if there something else is more acceptable I know there are cost factors involved. We didn't really speak only were together about asphalt or anything like that. Perhaps it is possibility. Chairman:Paving is paving.It is a lot better than what we have.I'm sorry Mrs.Brown I dust wanted to clear that issue up. Mrs. Brown: That is all well in good, but still unless they do something with the ground after they remove the trees in everything that dust is still going to come out. Like I said I have of upper respiratory problems and also two of my grandchildren. We are directly in front of it. My Land is three-quarters of an acre so it is almost...it is right there.That is what.That is what I'm concerned about.I'm not trying to be a person that is a complainer all the time. I think I have to be concerned too. Chairman:Thank you. Larry Williams: My name is Larry Williams and I am a member of the church and have some correspondents with the heaviest over to the board just prior to the meeting. And correspondents reads thusly: (See attached). Chairman: Thank you, Sir.Anybody else like to speak9 Rev. Burngrout: I am Rev. Sarah Burngrout. The minister at the church at the bend.the First Universalist Church. for almost all the five and a half years that I have been in Southold, I have been a member of the Antibias Task Force education. Viola Cross is also a member of that committee. It is my observation through things that I have heard the Anti-Bias Task Force deal with,one of them was that that neighborhood which I value has been at risk several times during my five and a half years here. The first time I think was from fumes which came from the landfill which caused an emergency and the community itself was notified. That is something which we talked about. I have concerns.that let me know that that neighborhood was at risk because of what the management of the dump does. The next thing I knew was the Viola's house was flooded and that is something for which the Town perhaps was responsible. I would like that neighborhood to be safe. That church is one year older than I'm. That makes it 77 years he has been there. And that neighborhood needs to be honored by the Town Southold. I would like however life can be worked out in negotiated to let Southold know that this community is important. I heard the author of this book, I will show to you to, I have asked the Southold Library to get a copy. By special permission in the Mattituck Library let me bring this so I can inform myself to about the history of the Cutchogue Church. Viola Cross is famous. She is an evangelist. She's right there in the book. I'm interested local history that is something been learning. Antonia Booth has helped me learn about Southold's history. I am suggesting that there is more that we could know to honor and make this community safe. Chairman:Anybody else like to speak? Page 8—May 2,2002 Meeting Transcript of Public Hearings Southold Town Board of Appeals Rev. Fulford: I am Rev. Fulford, the Pastor of the First Baptist Church in Cutchogue. I am here today once again like some of our members dust to speak on behalf of the situation. I have heard Viola Cross and all of them it also Tom McCarthy speak about what he wants to do them at the landfill. Down they are on the other side of our church at the landfill. My concern has always been a membership of the church and the community What I don't really understand is how the land was changed to industrial from residential when it has always been residential around. it has a whispered residential even before the land fill and they were living there. I don't have nothing against nobody that is trying to do their business that is fine.My concern is that how can you take a residents that has church there and turn it into an industrial which you can come in input buildings and machines and stuff there. You already have a dangerous situation aware they have come to the houses on the town of the landfill. I'm really concerned. I'm really concerned about the membership of the church and the residence there. And now this could happen. When you're talking about industrial utility the buildings and machinery you can put anything there. If you have residence there, that live there that play there. Chairman: Rev. let me hold do you at this point. This is an Appellate Board. This is not a Legislative Board. The Town,not the present Town Board,probably 10 years ago or 12 years ago change this property. It is only town board that could change the zone on this property it is not this Board. By the time we finish with these hearings we're going to ask Mr. McCarthy and Mr. Chituk that to build for us a model storage building for Mr. Chituk's business. If this is to stay the way this.And we assume it is going to stay the way it is because of the fact that the zoning exist. As I said the only the Town Board can take the zoning away. Rev. Fulford: All I ask that whatever you do always remember that, I know that you do, look out for the safety of the people in the community. Because the community of the town of Southold concerns everybody. I know that you and other people are responsible for the members and the people of the Town Southold. Chairman:Thank you. Member Tortora: Rev. I had one question. In the letter that Mr. McCarthy submitted to the Board. the church is very concerned about the churches liability about the right away.Explain that to me please. Rev.Fulford.The road belongs to the church. If he comes in with a truck or tractor and somebody gets hurt. It doesn't have to be a member of our church,it is on our road. That means that we are responsible because it is our road. Member Tortora:No it doesn't. Rev.Fulford: He is responsible for it,is that what you're telling me? Member Tortora: No, what I am telling you is that that is a red herring. All roads in the Town, given that theory, if I stumbled and fell in the middle of the road, would the town be responsible? Would I sue the Town for$one million? Maybe I would,but as far as the liability. We took to the town attorney about this. It is certainly nothing to...it is not generally covered under your insurance policy. So it is not anything to be terribly afraid of. I would hope that you would have an opportunity to be able to consult legal counsel on issues like this so you get correct information. I am not an attorney. I did ask our town attorney the disparity of this. I just want to get that clear and I would really hope that before you take any action as for selling the right-of-way or... Rev. Fulford:We wouldn't sell the right-of-way. Page 9—May 2,2002 Meeting Transcript of Public Hearings Southold Town Board of Appeals Member Tortora: I was under the impression that Mr. Chituk was offering to purchase the right way. Please try to get the benefit of legal counsel that could really give you the hard-core facts of that so you cut right to the chase so you know what is in what isn't on that Chairman Goehringer: What Mrs. Tortora is requesting is that seek some legal advice regarding that I don't think the cost church anything. Member Tortora: There are a number of roads in this town that are writer ways owned by private individuals, ironically enough this is the first application that have heard any grave concerns about liability exposure. Rev. Fulford: I thank you for your advice. we as the members of the church we don't want no loopholes. something happened in all the sudden. I am just concerned about the members of the residents that I don't want anything to happen down the road that we might overlook. Member Tortora:We are led to believe that it is not as serious as concerned as you may think it is. It would really be better if you would get legal counsel. Member Orlando:I have a question Rev. did the church owned his property before Mr.McCarthy. r Rev.Fulford:Yes. Member Tortora:How do they get lost? Rev. Fulford: We owned the piece of property on the road and apiece in the back for ever since I've been there and even before I came there. We have not sold anything to anyone. The land that was sold around a church was sold but we have not sold anything. Member Orlando: So it was not your property? Rev. Fulford: The land that he bought was not ours. It was not ours when he bought it. We used to own it a long time ago. before I came here. The church used to owned a lot of property in there. I have been at the church for 13 years. God bless you and thank you so much. Chairman Goehringer• No problem. If it is all right with everybody at this point,I think we will recess the hearing until June 6-giving everybody the time to do their work that they so choose to do. That of course it is Mr.McCarthy and Mr.Chituks'meeting Planning Board and submission to the Planning Board.Anything that you want to inquire about Mrs. Cross if we can assist you in any way we certainly will try. We thank you Rev. for coming in. It is a pleasure to see you again and is a pleasure to have the community here. We thank Mr.McCarthy and Mr. Chituk also. SEE MINUTES FOR RESOLUTION Recessing the hearing to June 6,2002. FEN F � � j ��� FN JN 1 2 Prepared by Jill Doherty. •v�, ���� d •' h r �/� . r! •y A c� 4 .�}4i�i` 'FA •- - !' 'c'1 ` :Tf�', `� �.� .� 4;'. / - ,...,_.. t •�s `Tui ,~�' _ _ ,�' f Q`i', ; +- ,• i.,' ,�3 . a"i'j1 ��tp - • t �+, ►% .,fir , a `•yr. ',�, y � rf4r` two :\° :�1�,� `��r •.7•� ��_� "!�A _ .'I `� a ,�� t, r� { .j• eft, t � e.�•'ri'�. f n� `,33' .�_,���f ¢ CA ' to - -5^. ; f - 1s -aFP' 1 . •.F. - ' t t� •�� Pei r IN '" Zc [fBERt� ,�PAGE �. r � • � i � > . [moi o 1p uN ; rn 3�� 8 j 3 . a4 go w• U •� r, " W ► in 97 t- MAP op LANCM ` SUF21/CYC� �1D0. �: `irowN OS' SOU-rHOLD N AY SGa1�a lOb = 1 c'U-1m1 aGuE, N.Y. Ma'pp�d Sdr,.�C��t 4ror++ �urv�usem �oteadG _ ; � dtt"C:l uIr"41-- 9-14 -'SZ.34 -IT-35 i 1- z4 •S� O'!to W. VCl Tu y 1 W Sor g L i ce�-•� d Lv�,c� `��.�,rv+e ts,rrc -' " 1�lew YbIr�K. y i - ----- RECORDED ----- -- - -- ---- - - - ,.. -- s JUL 7 1955 ' u: WILLIAM N. FRY ,{ i�• 'a i ''r,',°:d ,i - -+r e,• .�,i• r t• ;i IA". , •i., .°L. �t i� ,ri J)tf'^ 1 t F _ (34 i-11 jil :day of november ;},, Ga. EES'and';EDITH•,17I THIS II;DENTURE;' made the Fifteenth day of s.-wifa, all_,of; Wee , ecember; 'nineteen hundred and V enty-five BET':lEEN`•FRA'IN I-1C'BRIDE and A1411A first part;, and , :BRIDE, his,wife,' of the orrn of Southold,' County 'of "uffalk f'and State. of af; the ,second:Bart �ew •Yorl.,. parties of the first part, and ':lILI,IAAQ BRO'„'l!, GII:3ERT DAVIS, IO✓I,SEY leT'ation of CQSBY,''.L1DERSO1; COOIand JOH1T JACGsS, as Trustees"sof the L irat Baptist Church id by, the-party'of of, Cutchogue; 2ovm of Southold, County of Suffolk and Stata of i•!ew York, lain unto the parf artier,-of the oeco:id hart, :;ITiJESSETH, that the parties of the first part, in';consideration_of Eight, Hundred Sixty-oix (: 866. ) Dollars, 1 avrful money of ,.and sitL:ate in th t_he' United 3tateo, paid by the parties of the secoL=d pnrt, do hereby grant and tnd' bounded and •;a ,, '• ; release .unto the _)artieo of the second port, their heirs 'and •assigns forever, +erly by land of AIM that tract or parcel of. land,11orth of the 'land of 'Phomas ; '•", ", Pillage of Cutchogue, in the Town of 6outhold, County of. Buffolk-.and State of at to:,ether-vrithp', �ew York,, bounded and described as follows: • 14ortherly partly by land of the down 'of l youthold and I)artly by land of Frank lfcBride,for 'a,distance of 18 as and all 'the + Pods,;'i,tore ,or less; Easterly partly by a private, road.leadin�; to said land,Qf o said premises;`.' Town of, Southold, a distance of 29 rods 8-1/2 feet; Southerly,,by the ;addle party of the,'aeco Road, 18 rods, more or less and aesterly by landof the 'late Phillip 'a. Tuthill, F, the -parties'of,• deceased.' ,Containing by estimation three and one-half acres-more or -less. y and year first"' Reserving, however, to the _artlr of the first part a right`,of,�way,one rod in width overt the premises hereby conveyed from other land, of-the�'party,-of the ' 'first' ;art„on the Lorth to the _addle Road, for passage on'1foot-'or' with ,:, L.S, k ,vehicles. Said right of Wray to be along the ',7esterly',boundary,'.l'ine`'of;,'premises hereby conveyed. Reserving party of the ,Ah:, J J rvin� also to the p�•r b e f irat par,t'�`the pump and ' l'• •the build '• --�'`- '"`��:�_�.,''°•;`�; ,"''• `. , L.S. t , ,; i�.rzs,on the said i�remise:, yrith the privile&e of-lusein ` s�ztne• arid` ' ;; ' keepin same on said prem:scs until May 1st, 1926, :ffolk -sss On th i t TOGETHER with the appurtenaces•andr,all;the!iestate before rme t and ri,;htz of the :rirties of the first pn.rt in and to said premiaea'.', -' th "hYs crife,; TO-MXE AIM TO HOLD the�areraisr,s herein granted unto the parties of`.thq',second­ ions cribedr in` ' :,,';.,• part, ',their heirs andassigns forever. And said part ie s`of. thecfirst';part,.'' covenant as fallo;rs: FIRST: That said parties of-the lfirst,:-part;'are; seized-'of' uUlic,` z , thesaid premises in fee simple,, and have,good right.to, conve the .same` .,, ,c , SEC OifD "ha �� 4''`1 t. ffolk:,', On •th'ia 1 t -the parties of t,ie seco::d part shall quietly:,enj,o tlie-,Jsa;id ?'.before` me""the -tp s. THL2D: T hat the said premises are free from4•incw:ib�rances;•„';r^; �tte',,llinters ,<� ,;FOURTH: That the parties of ire �a r ', f, the first part will execute or;'procure' anj� ,'further; ,,' {-''. e, sary. assurance of the title to said = ''s s ersons`' nece's id 'premises. :PIETA:” 'T ,Fra . •y acknoi-iledged' nl' '1.;cBride and .:nna 1Ic:lride will forever ;7ARR?l;T_the title to, the ,. p ' a :ary, Public' ;u premise,s: Ill 'aI THE ':;IIG1iEGF the �art�es of the " . 1 1 first part have hereunto set �1,1•gp 'r' ,their 1? nd c els the t ;p® ands ,ti .,ea e day and year first above written. I•— ,f'� ' � � t fi�• ' �It r•'i'' 0#i to 1�'-i-.�'.j .{i{ ,�1 I;:��•': alit• avd �;hts au the citsU� I :.� i• ,,:' t and :r �tfrR � '" of O&C = ted unto the said P j •• 1�'� i; �>t'.:,.,., j'(• moo+ .lF herein ' !ji 1l•: f• fL, r,'.jftr'-�— i + N thereveryJ"�'•3R�. �! .gyp and assi� forever; }� heir ; • , r;nn A !'_ F4�-,-';,.,.:, t �— jit ,- � k � � -,, •, that � .a• ,_: f ' ,. , '�,. ,�• j=—ri� ,#r., Seo 13 of the L.iea Ia for the PutP°� 1-- -= s ' vri n fund a en a=•10i:; r, wit be PP t i r �Pl'>�a tt fun first.to! t Ps}►m r� �`° ve �+ a the eanae I ttu. t0. T this con► Will aPP1Y of tbt s� for atter �' 4+ _ �� �enaaat, of thetotal ? � #'cwt, fort using any P i and h of CutLOINS e g? — ,,. Ghur� ► ^: } �. Fist Baptist thin whereby the. Pt .�• ;; ; ;;t�; � , _� �. d creel zny g :�- ^ su 1 not done or �tan way!, Med 14 .,, ;, �„ • f•• �a�; to fits�� � t! ::I. a. ilk the PaT� °f ("` ut; , rMT�Bto den- loyal en-. pQT,.B �� •: :�I. rj •T ;,,ti,; T c _ `� j'rxt'r::�' � t.i_ •ir, :I :.y ,<.;, . 11• �, 'f� f•`' i 't{ '', ,t,•�'`? :l' i t 'F- ate•'' _ �` , �- l; ',j 1 .1i '1 '1� ,t'1 p d ; ''+' �J' I'"i�t 'X �` -J'il`t"tr•i "'•�'' �� ' v— 41 _-- bo ,.:,fig sv�'FOLK, �/ 't� f o f ,� �,.`'3��•dulY•=�aaar�i+•}��': •.,a.• •"�- � �— ,.il. ; • ;t On theIcnoc being 'a9 o f gout ,.-; �;`: :.� `'�h;; „LI `. the jankina t°she reside �' the ,selaretary a 4oX'Ppr" t�! iily aat� Ilu Y d say the t she in York, %h t• ;' ;, ' =' �: s� d�.d dOP°se New York, tha o Inland, ''Neer a o�.n8 �Aatxuntap Suffolk Counch� of CutcTioBhiahLecuted thei�9stru�nt •xori`.. 'I .:Y;+r << Chu a th se t fi MY :f_►t,. . >. ptit�t r bed in, and ° seal; at or! ._ id corpora „• .; it ;t' ,4 ation dQsa i tion has n Trust r t id b Porn Bard of to order• ,. '! ` ''>�a ha aid offer °f the Dame there o by ' signed V5 i ned. h� t e kZC IL ' ��-' ,, 9 1941 't :;' ;�:,, .,•,.:,- .- ;�,'° j� DEC IPP •I' �f` � •• "': Pf1ANK M rdkC'c'a>Atf - ,,'J• ; KVART of ` A7E O N sat : w . d r r thousaltd in 'hundred and s BOUNTY A� �e cam t Qn tha day °before me personally e who executed the foregoing , described in/ and the individual ted the awe• 11 he executed `•"`'�"(' to fns to� ,owledged that .„:,.. � .. ,� ,f' i ��ff , y,}I jr;.�' ;• .�t1=:r tfiU`., i..�: instTtlt* f,•, c t,r 1 r ::�, r It 'i�" `,.r 1.� •t 1,j GSI fJ � J:. t--� ,:.��1ia'.h2',.•f�,�• j.i I,VX J LI�IVL - now or formerly r I t o t m Prime Purveyors tx i c v - • SCC Ex - - _- - 'C�}(p ®E I. r2 U� - E ( now or formerly 0 c w 0, o- E o o_o- I Bayberry Enterprises - m Q o ~ -- o Yb I a 3'B '.s (1000-84-03-3) ( °u EX ( c>oo �3.� - y =' °mow I `' —� - h CORP. = - � 1 0 0 - ° - _ c m e_� - _<- ..�„ ( -now or formerly Pudge Corp. ; (1000-84-03-26.3) - Ior /, i Josowh Schoenstein tN _ ,-, MAP 2A. - MAP 28 / ./ii /,- �. o¢ BAYBERRY ENTERPRISES '4. OLIVER -A. CAMPBELL_III ----- I ° = oo' c a - now or formerly I - MAP 3A Arthur V. Junge RICHARD W. CORAZZINI I , now or formerly Nathan Harris —--—I - --— do Jennie Harris IL now or formerly Robert Taybr r sr Barbara Taylor v Town Of Southold Solid Waste District p MAP 4A n ARNOLD W. WILSON ��9q & RONALD WILSON -�' RIGHT of WAY now or for Frank J. McBride MAP 46 . � ' -• (1000-83-03-61.1) -- RIGHT •9- -- -- _ - UNKNOWN OWNER - MAP 1C - - FRANK J. MCBRIDE: ' TUTHILL ROAD MAP 1B ,,, .i; �; , I _ ry JOHN P. KRUPSKI MAP 1A = - RANK J. MCBRIDE n°w or formerly Frank J. McBride (1000-96-01-2) now or formerly John P. Krupski (1000-95-02-1.1) l "0 `- _ now or formerly- __ -- _ Arthur V. Junge PROPERTY —,�-!ow or forly,-� _ r o I l Nathan Harris &_ . Jennie ,- I PRSPERTY LrNd:' w or former Robert or - orbfr:jfl T o r y o o i o ° p 11 1 $ ° ° i o o P ° 3 to O 61 , 3 r—�� cnic v r r ----- I °° °° �1 own of Southold Solid Waste District 58 xl 0 i 2 ' MAI� Arno Y BASBN� G LlNB (7 s LIM m I N 5�1D1'4 SIGHT OF WAY .- 1 10.24' - +' - 3 to BASBArsvr 3' ' ° } {(W'1) r °° 1 (No Un �C)", 3 o°.rzi� r 1 ,� �PROPBRTY Lto OyBe &s O no.or Porm„d - now or formerly Frank J. McBride = _ (1000-96-01-2) Lo o ,� �y • _ - Ao 1 - 60 3� _ 1 Gp�Cr•ri� RIGHT _! _ -r ------ OF WAY '-•, - - 1 • I o 1 p� j Unknown Owner P- Town Of Southold Solid Waste District (No T( Mop Number)�0�_�D __ , r 4 1 MON '��• � - •----� � (f _ I 0.671 La it TUTHILL ROAD � E` o "o .o R 1 �I 1't1 f �r �.�_x_x_x.� 965.23x �. -�t`T ° o now ori ly James !OW o> 557624.. W x_X. IC x �31' -r - `�..� BUILOHG ,. 1''CC da Linda M. Wolbert O TB.�PORARY EASEdfENT T.fEI CLINE " 480.80' _•/'•c � � . S 5'22:349 E 1 tm rn 963.54'± N 56'31'24" W © cNn- 480,84' N 55'22 3cn o W 37'5.39 � rn ' 4ti�4� art k��a�'�:`t�i'r•'`'y�;;"$-Iv��� ,it��,b���' >;r F+,`�'ayt '``..,s..r• - Q _ 12 _ ti..• gc "`�i$it+�-, x`11 ! [M•.k now or- formerly Frank J. McBride (1000-96-01-2) _f .. _ - _ _ _r- _� _. i -- - } _.r' 2•�S's; _- --(,d 1i�;: o•;' ,+i+ �ff3Y�:i_xl�'�-�,�,`; t't;7',• •ki�'�yya�,'.,S�S�:a_'��`3-�'� _'�•'�='' _ _ _ _ _ 'a - - ':k' 3'•'aif:J"-ZS' .�F`,r;i'c"-" ^6 :•^%"�i�' ":�:`�i'•`:"F• .v. -,:Ta,tr•:y"ir�1�.�'"�.;�i:r•=,,- _ -E< �rt.� - ,t: - -� _ •rs.- - - -_ =:� - '�,•r• 5+rw' E"' _ •r. .i p•,, (F� �.�:�'`, � �,±�c.l s - '.?y i•'_ - `,t'4� - - rl'•` •. _ ,y`:'f ( _`err. - T.w ��:Q4 _ ",f,. ' - ��.. 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Iji.`tw'S-•'•-iti�• " _ id.s tL`," - IITin��,"y�3 i'�l.i•�', .T s•'.1t%.'t xl. �� SOUTHOLD TOWN BOARD OF APPEALS TRANSCRIPT OF HEARINGS HELD APRIL 18, 2002 (Prepared by Paula Quintieri) Present were: Chairman Goehringer Member Tortora Member Horning Member Oliva Member Orlando PUBLIC HEARINGS: To be inserted 6:04 p.m. Appl. No. 5084 —.640 CHURCH ST., LLC. This is a request for a Variance under Sections 100-143.A and 100-142, based on the Building Department's January 10, 2002 Notice of Disapproval. Applicant is proposing to construct a new building located in the Light Industrial Zone District, with a building frontage (width) greater than 60 ft. long, and at less than 70 feet from the rear property line, at 640 Church Lane, Cutchogue; 96-1-11.1. TOM MCCARTHY: Good evening, Tom McCarthy, McCarthy Management, Southold. I am a principle on the 640 Church St. LLC, one of the principles that owns this property, this application. The gentleman we are presently contracted to sell this property to is Mr. Gene Chituk, Chituk Pools in Cutchogue who runs a pool construction business. He is a local gentleman. He is looking for a place to operate his business out of. He is presently renting space in Cutchogue and he is looking to become an owner and put up his own building and operate out of his own site. Just a little background on how we carne to this point. I happen to own this piece of property and have been before this Board numerous times and are fairly familiar with the zoning code of Chapter 110 of Southold. When Gene came to me what sort of a building can we fit on this property in order to house my business? And what I did is, I went to the zoning code book that we have and looked at what our front, side and rear yard setbacks should be and the length of the building. And I counseled Gene, and with a little bit of egg on my face at the moment, because the Building Department has sent me to the Zoning Board saying that my application is not allowable because of zoning. The zoning code, the reason why I'm here, is for a non- confonning front and rear setbacks, as well as, the distance from the street. I would like to deal with the first two issues, which is the front and the rear yard setback. The zoning code falls into the bulk schedule at the end of the code and it deals with conforming lots, in this case, light industrial district 40,000 square feet minimum lot area. For those lots that don't conform to bulk schedule, it tells us that we need to go over to 100-244 non- conforming lots. And the purpose of that section of the code is to provide minimum standards for granting the building permit for the principal buildings of lots which are Page 2 April 18 2002 g . P . ZBA Public Heat mg Ttanscnpt Town of Southold recognized by the Town under Chapter 100-24 are non-conforming and have not merged. This lot has not merged and is non-conforming because it has less than 40,000 square feet of lot area in a 40,000 square foot zone. So looking at the code it tells us, within 20,000 and 49,999 feet our front yard setback is 40 feet and our rear yard setback is 50 feet. I thought that was pretty unambiguous. It doesn't say, as the Building Department has detennined, that these non-conforming lots are only residential non-confonning lots. The building code does not say that this is only used for residential properties. In a light industrial district, a non-conforming lot and my application I thought, complies with the front and the rear yard setback, as dictated to us in the code. The Building Inspector doesn't feel that way, and that's one of the reasons why we're here and I differ with hien in that interpretation. And the very reason why the site plan, as submitted, has the front and the rear yard setbacks as they're shown, is so that we didn't need to come to this Board. That we didn't need that of a Variance. We are not looking for something that was not allowed in zoning We weren't looking to ask for anything special, we're looking to comply with the code and we're not here to say we're looking for some sort of special treatment. We're just looking to say this is what the code allows us to do, and that's what we'd like to do with this piece of property. A little bit of history, if I may on the property. The property itself was purchased by the Trustees of the First Baptist Church in Cutchogue from the McBrides and I have a deed going back to the 15th day of December 1925. 1 would like to just offer that the Board if I may and it shows the parcel in the works. I say the parcel in works, the Church over the course of time had sold numerous parts out of their entire parcel that they held and this is in the District 96-1 and we happen to own 11.1. But the surrounding properties in that area are all part of that parcel that they bought from McBride which was done prior to meeting the approval of the Planning Board of the Town and it was done by deed. There have been several mistakes in some of the deed descriptions, but they tended to work themselves out over time. I also submit to you, this is actually a map that the town sent to me regarding the takings at the dump, the landfill. And it actually shows these properties and it shows some of the properties that needed temporary easements from the town and it describes how we get to our piece as a private right-of-way. MEMBER OLIVA: Who owns the right-of-way? Doesn't the Church? TOM MCCARTHY: The Church owns the right-of-way. Its actually, its an unusual piece of property because of the way it had been subdivided over time. The property that the Church owns that they're left with as a remainder parcel is actually in a Z shape and they transferred out of other parcels over the course of time. And it's not very distinguishable just looking at the Tax Map initially. If you look at it highlighted, you can see where the Church still remains. So we have, in our deed, a right to travel across that 28 foot right-of-way that the Church when they sold the parcel initially, they granted the right to travel across the right-of-way to the initial holder of the property and that has been subsequently transferred down through the channel title across the years to myself. I'd like to make a clarification this evening, and that has to do with the address of the property. I've made a mistake with the address of the property and its only through a little bit of research that I found that out. I looked at the Town Property Tax Card and that's how I based my decision on how we were describing this piece of property and its Page 3,April 18,2002 so % ZBA Public Heaung Tiansciipt Town of Southold listed as 640 Church Lane. Then it goes on to say that the parcel that's abutting my parcel to the east is a private road. I just like to offer that to you. They don't say that the parcel that's abutting my property is Church Lane. Somewhat leading into the issue of a street and where the street happens to be. I believe that the address at one point was 640 Church Lane and actually mistakeningly created the LLC and we called it Church Street. But I feel that its neither. In just going down and taking a look at any of the town records and I can't really find Church Street listed as a town road. The only thing that I can find that has some sernblence to Church Street, where it is and what it is, I'm sorry Church Lane, where it is and what it is, is the picture I took this evening right in front of the Church and Church Lane is actually a piece of property that runs to the east side of the Church, not this particular right-of-way. It has a sign there. That's a view looking up Church Lane. And Church Lane carne into being, it had been an access road for the Town of Southold running to the east of the church right into parcel which is now part of the landfill because the Town did not own the entire frontage that it owns on Route 48 right now. They only had an access point there when it went back and opened up to the landfill. Subsequently, they acquired other properties along Route 48 and created the entire frontage that they have. It is my opinion that Church Lane is the former access road that went back to the property in the rear which was the landfill and its not the right- of-way that we're speaking about. I have a survey from takings of what was County Road 27 and it was done Suffolk County Department of Public Works which actually shows the Town of Southold flag lot, as well as the adjacent properties on 48. This actually shows a little better detailing right at the entrance to where Church Lane comes next to the Church. CHAIRMAN: Mr. McCarthy, we need to speed this up a little. TOM MCCARTHY: The reason why I'm getting to the issue of Church Lane and the issue being where it is, is that I don't feel that it's a street and this is the third reason why I'm here. I've been denied a Building Permit because under the opinion of the principle building inspector I had more than 60 feet of frontage on a street. I don't believe I'm on a street. I believe I'm on a private right-of-way. That private right-of-way is not a street. And even Church Lane is not listed in Southold Town Roads. Which happens to go to what is a definition of a street. It needs to be listed on the Town listing. In order for the provision to apply according to the Code, it needs to be a street which is an existing Town, County, State or Highway, which we don't have, street shown on an approved sub- division, we don't have. A street shown on a reap filed with the County Clerk, we don't have. And a street shown on the Town Official Map, which we don't have. MEMBER TORTORA: Sounds like you read an interpretation that this Board did a couple of years ago. TOM MCCARTHY: To be honest with you, this is my opinion. I understand we are going to hear from some of the other folks that are here tonight and have to address whatever questions, but, in my opinion, I don't feel I should be here. Page 4,April 18,2002 so % ZBA Public HeaimgTiansciipt Town of Southold MEMBER TORTORA: On the issue of , its going to take us time to review all of the documents, and I will, I will go through thein very thoroughly to review then to see if it is an official road. If it is not an official road, and it is not a street, then the Board has in the past, usually concurred with on this. If its not on an official map, it's a private right- of-way, you have a deed to the right-of-way, then we'll go to that issue. What you're asking for is essence, is a reversal of the Building Department's determination that the bulk schedule should apply to a non-conforming lot. TOM MCCARTHY: I don't believe that I need a variance according to the code, but that's up to you to decide. I believe that I conform to the code in all three aspects of why I'm here. MEMBER TORTORA: Okay, now I'm going to cast back to Jerry in the event that the Board does not agree with you and is not willing to reverse the Building Department's determination, which you addressed the area variance so you don't have to come back. TOM MCCARTHY: I'd be happy to do that MEMBER TORTORA: For the rear yard setback and also, the width of the building because that is definitely not a reversal that it is the way it is. The third thing is to address, taking that 100 feet and knocking something off of it. TOM MCCARTHY: And what would the basis be, knocking off of it, if its not a street? MEMBER TORTORA: Because whether it's a street or not, the width of the building would still exceed the code. You're talking about the setback correct? TOM MCCARTHY: Three issues, front and rear yard setback which might conform to the non-conforming bulk schedule. The definition of a street and the portion of the code that says that you cannot have any more than 100 feet of building facing the street. We have 50 feet facing 48. MEMBER TORTORA: The Board has not dealt with this particular type of thing before, but the bottom line is that we're always required to grant the minimum variance necessary. The burden of proof is on you to prove why this building cannot less than 100 feet long. TOM MCCARTHY: If I were seeking a variance? MEMBER TORTORA: Correct. TOM MCCARTHY: In my opinion, my impression is I would be happy to speak with you regarding that, if you find that the law is not in my favor, that says that all things that are presented to you to night defines that as a street and I need to comply with the 100 foot. Page 5,Apul 18,2002 ZBA Public Heanng Ttansciipt Town of Southold CHAIRMAN: I think what we can do is we can ask you to do at this point is, reduce it to writing. TOM MCCARTHY: You'd have me do that? Speaking with Mr. Chituk also this evening and the very reason why we have this particular site plan is so that we did not need a variance. There are other locations that maybe we can take and turn this building so perhaps it would be better for the neighbors across the street. But the reason why we didn't do that is we felt that we were complying with the code as it exists. We could rotate the building 90 degrees and put it up towards the northerly property line and run it parallel. Perhaps that would be better for the neighbors. CHAIRMAN: George? MEMBER HORNING: Have you approached the neighbors of this property? TOM MCCARTHY: Across the right-of-way, I'll give you a copy of my tax card which pulls it out incorrectly as well. MEMBER HORNING: I'd like to clarify that. TOM MCARTHY: Thank you. I've been so used to saying that I'm incorrect as well. The photo proves that Church Lane is on the east side of the Church. I have just have a letter from the neighbor to the rear Mr. Krudop, who recently purchased some property and had an application in front of this Board stating that he has no objection. CHAIRMAN: Mr. McCarthy I'm getting the impression that we may want to hold this over to the special meeting on May 2"d, 2002, so we would like you to reduce those standards that you feel may be in germain to writing and let us have a chance to look at them, preferably by May 1 st or so. Or maybe even the 30th of April. TOM MCCARTHY: I would be happy to do it. CHAIRMAN: We'll hear testimony from the nice people that came tonight that are not only the Church people but, of course, some contiguous neighbors, or adjacent. TOM MCCARTHY: Thank you very much. CHAIRMAN: Is there anybody else that would like to speak in favor? Anybody like to speak against? In the back please? DEACON FORTH: My name is Deacon Forth, from the First Baptist Church of Cutchogue. I am also a Trustee. Our main concern that the Church is the right-of-way. We were informed that Mr. McCarthy was going to make toMr. Chituk and the pool company. Our main concern about the right-of-way are the size of the trucks that are going to be driving up and down the road. Because this is the Church's right-of- way, we are responsible for the upkeep of that right-of-way. So these trucks traveling up a % Page 6,Apiil 18,2002 ZBA Public Heanng Ti anscript Town of Southold and down the right-of-way will, of course, create damage problem, it's a right-of-way, you were the one that said it was a right-of-way, its not a street, it's a right-of-way, which we own. The other issue was if he is selling it to a pool company because its still residential, even though its light industrial, there are still people living in the area with a lot of young kids. We're concerned about the chemicals also that this pool company is going to be having. Of course, we said we have a lot of kids in the area. We don't want to make it to the point where these kids have a hard time going out and playing in their yard because of breathing the fumes of these chemicals. That's our main concern and the upkeep of this right-of-way if the trucks are traveling up and down also. MEMBER TORTORA: Have you talked to the owner about that? DEACON FORTH: No we haven't. CHAIRMAN: Okay, well we're going to have hien address those issues; they may not be tonight. I'm not trying to put you off, but we have a huge agenda tonight. So we are going to run this over to the May 2"d meeting, special meeting, we'll set a time before we close this and we'll have Mr. McCarthy address those issues along with Mr. Chituk. MEMBER TORTORA: And you can come back then too. The main concern is the maintenance of the right-of-way, and any effects of the noise, dust, odor, pollution it might have on the neighborhood. CHAIRMAN: Who is speaking there? I just need you to use the microphone please? Mrs. Brown, I apologize can you, do you have trouble walking over there? HELEN BROWN: I'm quite concerned because when I moved there it was very nice for children, young children. And I do have my six grandchildren there with me. The youngest at seven years old. And the if heavy duty trucks are going to be coining in there, that's not too good for those kids to be out there playing. Children don't realize danger and the trucks are going to come in and they may not even see it. That's why I'm very concerned about it. They have to go out of that driveway, to the Main Road to catch the bus to school. And they are there all the time. So I am quite concerned, as well as being a member of the First Baptist Church Cutchogue. I think that's why we are all here. CHAIRMAN: Okay. The gentleman in the green shirt in the back, do you want to speak? ANGELO STEPNOSKI: Yes, in favor. CHAIRMAN: You want to speak in favor. ANGELO STEPNOSKI: I own an adjacent piece of property from Mr. Chituk's. CHAIRMAN: What's your name sir? Page 7,April 18,2002 ZBA Public Heat mg Transciipt Town of Southold ANGELO STEPNOSKI: Angelo Stepnoski. CHAIRMAN: Thank you. Mr McCarthy, one quick question from Mrs. Tortora. MEMBER TORTORA: I don't see any landscaping on here. Have you been to the Planning Board yet? TOM MCCARTHY: No actually, we have to go through a site plan review process. MEMBER TORTORA: We do not have a letter from the Planning Board noting that in the file. TOM MCCARTHY: We went to the Planning Board of December of last year regarding some of these issues. They asked us to go to the Building Deparmtent and we met with Bob Kassner and we also met with the Board at a work session here and they asked us to work out these issues and come back to them for site plan. MEMBER TORTORA: Okay, we still need to get a letter of recommendation from the Planning Board and we do not have that in the file right now. TOM MCCARTHY: I don't know, perhaps that dropped through the cracks when Mr. Kassner left. MEMBER TORTORA: I don't know, but its very difficult for us to look at a complete picture here and review everything if they haven't at least looked at it. Because there are concerns from the neighbors about noise and dust and traffic and as far as the right-of- way is concerned, what is your response to the neighbors concerns? TOM MCCARTHY: I spoke with Mr. Chituk and he has no problem with maintaining that right-of-way. I don't think he feels he wants to put a burden on the members of the Church for something that may happen based on his traffic on the road. He has equipment that he would use to maintain that road to make sure it is safe to travel. MEMBER OLIVA: Have you discussed it with the church? TOM MCCARTHY: No, I haven't. MEMBER TORTORA: Well, maybe between now and May 2"d you can meet with the church and come up with some kind of written agreement that would be amicable to the church as well as Mr. Chituk. CHAIRMAN: Also, the ability of the trucks from Mr. Chituk's site, proposed site, when they would be going out, when they would be coming back and so on and so forth. Just so the church is aware and the neighbors are aware when the road would be heavily used. Page 8,April 18,2002 ZBA Public Heat ngTiansciipt Town of Southold MEMBER OLIVA: And I think they're very concerned about the storage of these chemicals. If they have any leakage, or what have you or if kids start playing around. It's a very dangerous situation. CHAIRMAN: We're going to ask them to address that. TOM MCCARTHY: It will be addressed together with the Building Department and the Fire Marshall, who has now made his presence more known and all the buildings in Southold Town and the Fire Marshall has been in my office and several other buildings around snaking sure that everything complies and I think he's doing a fine job. CHAIRMAN: Let me just say this to you Mr. McCarthy. It's assumed that when you run a pool company, the major portion of the pool chemicals are usually purchased at this time of the year, and then toward the fall there are lesser chemicals in the building I would assume. Is that correct? TOM MCCARTHY: To be honest with you CHAIRMAN: I need you to kind of address that. TOM MCCARTHY: I would be happy to have Gene come up and speak if you will because I can't speak to exactly how he's running that. CHAIRMAN: Mr. Chituk how are you tonight sir? GENE CHITUK: Good, as far as the chemicals go, I never really have more than a week's supply of chemicals at one time. I get a weekly supply of chemicals that last for the week. I have a separate storage container for thein, with the plackards that it needs to have on there. So its legal for everybody. CHAIRMAN: Is that container, will it be inside the building, or will it be outside the building? GENE CHITUK: Well, I have the option of putting inside or outside the building. CHAIRMAN: In your opinion, is it safer inside the building or safer outside the building? I don't want you, if you can't answer the question now, I don't want you to. GENE CHITUK: I can put it inside the building and that will be covered up twice. Its not a problem. I comply to all the regulations that as far as the chemical companies are concerned. MEMBER OLIVA: Could I ask you, why do you need such a large building? GENE CHITUK: I have a,just as far as the supplies and the pool kits, this time of year I like to put inside so. 7 Page 9,April 18,2002 ZBA Public HeaiingTiansciipt Town of Southold MEMBER OLIVA: These are for what, above ground pools? GENE CHITUK: In-ground pools. MEMBER OLIVA: Oh, in-ground pools. GENE CHITUK: I have a truck and a trailer that I would like to just hide away. Several pieces of equipment I would like to hide away. Everybody you talk to, they never have enough space when you put up a building. So I figured I'd start with a big one. CHAIRMAN: When you refer to the pool kits, you're referring to the walls to the pool, the liner. GENE CHITUK: The pool, the liner, the skimmers, you know just various pieces of the pool. MEMBER ORLANDO: What's the containers that the chemicals come in? Are they 55 gallon drums, 5 gallons. GENE CHITUK: They're in a, as far as the liquid chlorine, its in a box. But its 16 inches by 16 inches square; four gallons of this liquid chlorine is in this box and each box is marked. MEMBER ORLANDO: So its manageable? GENE CHITUK: Exactly. MEMBER ORLANDO: So you don't do 55 gallon drums? GENE CHITUK: No 55 gallon drums, not even 5 gallon drums. It just makes it easier for us too. CHAIRMAN: Any other questions of Mr. Chituk? Okay, thank you sir. We appreciate it. Reverend you had a question back there? REVEREND: Yes. CHAIRMAN: I think we saw you last time when we were granting you the new church. REVEREND: My name is Reverend Corneillus. Our concern is that the people in the Town of Southold, especially the First Baptist Church of Cutchogue. Now why I'in concerned I know, the concern of what you have in there and who is in danger and what surrounds the building. I've been in this church for thirteen years and we been working here with the landfill (inaudible). We have talked to the highway department about coming into the landfill and since I've been there, several accidents have happened. Page 10,Apnl 18,2002 ZBA Public Hearing Tiansciipt Town of Southold Right there at the church, right at the door of the church. My concern now about the landfill on one side and, but now you got a building coming up on the other side. So my real concern are about the people around the church and the people that stand there, are the children like sister Helen Brown was saying. And the chemicals. Now you are going to have more traffic and you're also going to have chemical on one side. But we worship there, we have congregation there, we have people coining from all over there. We have Sunday school there, children, so my concern about that little area right there, that little area is not a big area. So a whole lot of big trucks, or a whole lot of big construction, because right now you are trying to get the landfill. It's just like all of a sudden we just can't squeeze any people, the people that worship there, people that live there. We are concerned. I'm concerned about the chemicals, the building (inaudible). And yet the highway department had not really made it safe on that road. We still have accidents,bad accidents on that road. Nobody has really done anything about it. CHAIRMAN: Its mainly because it's a County Road. Its not a Town Road. REVEREND: I understand that. But what I understand is, the child first priority, along with us as members of the church, is the safety and the whereabouts of the people of the community. I don't care if they are black, blue or white. All of our people, is the welfare and safety of the people in this community. That's what I'm all about. That's why I'm concerned about the members of the First Baptist Church. We have so many other people that we fellowship together, from all over, are coining to worship, so you endanger thein, as well as us, if you don't do things properly. So that's my concern. CHAIRMAN: Reverend I have to ask you a question. Normally, we would swear someone in, but you are a roan of god so we are going to put you in the same position as an attorney. It is my understanding, and you don't have to answer this question now, certainly its in the future hearing of this, it is my understanding that when you do move further down County Road 48, that the elders of this church, as they exist today, do not want to sell this church, is that correct? REVEREND: I'm quite sure that the elders still want to keep the church. CHAIRMAN: I have spoken to a couple of your parishioners and they told me at this time that, even when you do move down there this church may still be an annex to your other church. REVEREND: It's a possibility, that's right it might be. CHAIRMAN: Is that correct? REVEREND: The congregation and any Baptist have the right to vote, and once they vote, the majority always rules. And the majority of the rule of the church is to keep it there, they keep it active for restoration or whatever, then they will keep it. Its up to the congregation of the church. When we go, wherever we go, its always up to the congregation. And that's how we live, the majority always rules, because it's a people Page 11,April 18,2002 ZBA Public Hearing Transcript Town of Southold church, not one person, it's a people church. Whatever the people want that's what we decide to do. So there is a possibility. CHAIRMAN: Thank you very much. Alright we'll see you back on May 2"a. We want to thank everybody for their courtesy and we'll see everybody back at 7:15 on May 2na I'll offer that as a resolution. SEE MINUTES FOR RESOLUTION Robert H. KrudoP P.O. Box 1042 Mattituck, NY 11952 April 18,2002 Southold Town Board Of Appeals 53095 Main Road P.O. Box 1179 Southold, W 11971-0959 To Whom It May Concern: I am the property owner directly behind the proposed building lot located at 640 Church St Cutchogue. I have reviewed the site plan and do not object to its construction. Should you have any questions please do not hesitate to contact me at the above address or call 298-6536, cell phone: 1-516-769-5379. Very truly yours, Robert Krudop 04/30/2002 16:47 5167655816 MCCARTHY MANAGEMENT PAGE 01 cC T8LIV . 1 ani e ent, Inc 46520 Route 48, Southold, New York 11971 (631) 765.5815 (631) 765-5816 FAX MAY 1 )2 Southold Town.Zoning Board of Appeals t, Route 25 -f Southold,NY 11971 6 L16 April 30,2002 /< RE:AREA Y.AMANCE 640 CHURCH ST. LLC Chituk Pools Dear Mr. Charman, At the suggestion of the Board,on April 23,2002 Gene Chituk and i met with several members and representatives of The First Baptist Church of Cutchogue. This was a friendly and constructive meeting. The issues that were of importance to the Church and were discussed are as follows: I. Trak an the Right of Way- Mr. Chituk explained that he dues not have a retail store and thereby his traffic is kept to a minimum, He owns a dump truck and trailer with which he transports his backhoe from site to site. It is occasionally on lois own site. Otherwise he uses pickup trucks as service vehicles and they leave in the morning, may stop back during the working day for resupply and return in the evening. 2. Children Flaying In the Area- Mr. Chituk and the .Members both acknowledge that although the existing use in the neighborhood is residential , it is zoned for business. Although these uses could be at odds with each other, both sides feel that a mutual respect and concern for the others needs will generate a positive relationship. Mr. Chituk realizes that there ar children in the area and will make it a policy of his company to travel slowly on the right of way and keep a vigilant watch for all people in the area. 3. Maintenance of the Right of Way- Mr Chituk has offered to improve the right of way with a Bluestone gravel mix and keep the same graded to avoid pot holes. 4. Liability of the Rigbt of Way- This is a big concern of the Church, It was suggested that the Church consult with their insurance provider as to how to best protect their interests in this regard. Mr Chituks use of the right of way is similar to others who live down this right of way and have been traveling Construction Management + General Contracting m Custom domes 04/30/2002 16: 47 5167655816 MCCARTHV MANAGEMENT 'PAGE 02 down it for many decades. Although Gene may use it more frequently than others the liability exposure may be the same. Gene has made an offer to purchase the right of way and the portion of the Church's property that runs to the north of the subject parcel. This may generate some funds for the Church as well as litnit their exposure on the right of way, 5. Storage of Chetnicals-Mr. Chituk explained that he only keeps one week's supply of chemicals at his shop. It will be stored in an approved container within his building which is regulated by the Fire Marshall and the Building Department. He further explained that the chemicals are the same as those that are stored on the shelves of Wall Mart as well as King Kullen and are kcpt in sealed containers while they are on,his property. The ultimate destination of these chemicals are to the peopleofth.e Town of Southold to use in their backyard pools that everyone swims in. 6. Traffic on Sunday- Mr. Chituk stated that his business is not opened on Sunday and should not conflict with Church activities. 7. Location of Building- Altering the proposed location of the building was also"discussed. Rotating the building 90 degrees and moving it to the north may provide a better solution for all parties. This could enhance the turn around area for Mr. Chituk ,provide for more screening to the easterly most affected neighbors and reduce the building frontage on the right of way, Both parties acknowledged that this would necessitate the alteration of the proposal at hand and.mean a delay for Mr. Chituk.,l-lowever they felt that it may very well W a good first step toward cooperating as,neighbors. W anxiously await the Boards' response to the application for interpretation at hand and will cooperate with a,revised proposal if deemed necessary or desirable. Thank or your time and attention tothis matter, Thomas J. McGarr 'y ILC member idly 1 U 04/30/2002 16: 47 5167655816 MCCARTHY MANAGEMENT PAGE 01 c C ARTHY agent 9 Inc. 46520 Route 48, Southold, New York 11971 (631) 765.5815 (631) 765-5816 FAX MAY �I Southold Town,Zoning Board of Appeals J ' I---F Route 25 L Southold,NX 11971 —IO` 2r� 6 Y6 uu jf April 30,2002 RE: AREA VARIANCE 640 CHURCH ST. LLC Chituk Pools Dear Mr. Chairman, At the suggestion of the Board,on April 23,2002 Gene Chituk and 1 met with several members and representatives of The First Baptist Church of Cutchogue. This was a friendly and constructive meeting. The issues that were of importance to the Church,and were discussed are as follows: I. Trade an the Right of Way-Mr. Chituk explained that he does not have a retail store and thereby his traffic is kept to a winimum, He owns a dump truck and trailer with which he transports his backhoe from site to site. It is occasionally on his own site. Otherwise he uses pickup trucks as service vehicles and they leave in the morning, may stop back during the working day for resupply and return in the evening. 2. Childreu Playing In the Area-Mr. Chituk and the Members both acknowledge that although the existing use in the neighborhood is residential , it is zoned for business. Although these uses could be at odds with each other, both sides feel that a mutual respect and concern for the others needs will generate a positive relationship. Mr. Chituk realizes that there ax children in the area and will make it a policy of his company to travel slowly on the right of way and keep a vigilant watch for all people in the area. 3. Maintenance of the Right of Way- Mr Chituk has offered to improve the right of way with a bluestone gravel mix and keep the,same graded to avoid pot holes. 4. Liability of the Right of Way- This is a big concern of the Church. It was suggested that the Church consult with their insurance provider as to how to best protect their interests in this regard. Mr Chituks use of the right of way is similar to others who live down this right of way and have been traveling Construction Management • General Contracting . Custom Homes 04/3012002 16:47 5167655816 MCCARTHV MANAGEMENT PAGE 02 down it for many decades. ,Although.Gene may use it more frequently than others the liability exposure may be the same. Gene has made an offer to purchase the right of way and the portion of the Church's property that runs to the north of the subject parcel. This may generate some funds for the Church as well as limit their exposure on the right of way. 5. Storage of Cbemicals--Mr. Chituk explained that he only keeps one week's supply of chemicals at his shop. It will be stored in an approved container within his building which,is regulated by the Fire Marshall and the Building Department. He further explained that the chemicals are the same as those that are stored on the shelves of Wail Mart as well as sing Kullen and are kcpt in sealed containers while they are on his property. The ultimate destination of these chemicals are to the people of the Town.of Southold to use in their backyard pools that everyone swims in. 6. Traffic on Sunday- Cdr. Chituk stated that his business is not opened on Sunday and should not conflict with Church activities. 7. Location of wilding- Altering the proposed location of the building was also discussed. Rotating the building 90 degrees and moving it to the north may provide a better solution for all parties. This could enhance the turn around area for Mr. Chituk ,provide for more screening to the easterly most afTected neighbors and reduce the building frontage on the right of way. Both parties acknowledged that this would necessitate the alteration of the proposal at hand and mean a delay for Mr. Chituk. However they felt that it may very well be a good first step toward cooperating as neighbors. We anxiously await the Boards' response to the application for interpretation at hand and will cooperate with a revised proposal if deemed necessary or desirable. Thank or your time and attention to this matter, Thomas J. McCarthy LLC member �El LF I MAY - �c •,`�',McCARTHY MANAGEMENT. C., ` 46520 County Road'48 _)OF TRANSMITT SOUTHOLD, NEW YORK 11971 !�• '-t - DATE JOB NO. (516) 765-,5815: ; FAX (516) 765-5816 ATTEN ION To v: '� R E. I /000 WEIARE SENDING�YOU ❑ Attached ❑ Under separate cover via _ the following items:' ❑ Shop drawings ❑, Prints ❑ Plans ❑ Samples ❑ Specifications 'i ❑ Copy of�letter ° ❑ Change order ❑ COPIES DATE NO. DESCMfTION R, +-y I , 24 1 - c r A THESE ARE TRANSMITTE as the b o ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: PRODUCT 240T if enclosures are not as noted,kindly notify us at once. ELIZABETH A.NEVILLE � y� Town Hall, 53095 Main Road TOWN CLERK c P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER ° ® Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER ®,� ��® Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: January 31, 2002 RE: Zoning Appeal No. 5084 Transmitted herewith is Zoning Appeals No. 5084—Thomas J McCarthy-Zoning Board of Appeals application for variance. Also included is a cover letter from Tom McCarthy, ZBA questionnaire, applicant transactional disclosure form, SEQR form,notice of disapproval,notice to applicant from Building Department,building permit application, set of drawings, and a survey. • 'o QUESTIONNAIRE FOR FILING WITH' YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial iiiterest in the subject premises and a description of their interests: (Separate ' she emay bMttached. ) ®� NL - MPM11 T"e ©LO JlA B. Is the subject premises listed on the real estate market for sale of being shown to prospective buyers? { } Yes (If- Yes, please attach copy of "conditions" of sale. ) 4' C. Are there nny proposals to change or alter land contour$? { } Yes {,� No _ D. 1. - Are there any areas which contain wetland grasses?:�,� 2. Are the wetland areas shown on the map submitted with this application? -7 3 . Is the property buLkheaded een the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Towu Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed��(o�struction at or below five feet above mean sea level? .'I W ! 1 (If not applicable, state, "N.A. ") F. Are there any patios, -concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? If none exist, please state "none." U G. Do you have any construc4-loa taking place at this time concerning your premises? If yes, please submit a copy of your building permit and map as approved by the Building .Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? _�D If yes, please explain where or submit copies of deeds. I. Please list -present us� or operations conducted at this parcel 5 QrA ©m and propos use N -L ti 177f_ t4p Author Si aud. to . 3/87, i0/9Qik. SOUTT�"-'1,D TOWN ROADS-' licit Crossing,', deed ,for :i.�:�t, Arshamomaque- 1.396 '% ' r Colony Road,, Arshamomaque N.227 Cox' s Lane;. ,Cutchogue F.27-39- -"4', .27-39--"4''' Cox' s Lane,-,, ,Cutchogue I.186-196-138-167 Cu/tchogue,, to, Goldsmith' s Creek K.236 „ Cutchogue 'HArbor, (old) E.60; F.11-10; D.165; ,F.' 58- Cutchogue 8-Cutchogue HArbor~'Road, Cutchogue F.41-25, ° -Carrington• Poad,r; Cutchogue N.262 -Case's.Road,': .Cutchogue N.361 ; Case Road;. Cutchogue P.129 , t' -Cox' s lane, ,Cutchogue K.140 ' -Cox' s Lane,''. 'Cutchogue (alteration) K.151 = f Cedar,'.,s Road,-„Cutchogue P.220 Case.' s LAne; Cutchogue P. 220 , Cedar;,,Drive, East MArion N.306 Cleaves• Point Road, East Marion P.166 ' ” Center. Island.Avenue, Fishers Island P. 64 Crescent Avenue, Fishers Island I. 4 - 8 Champlin 'Place;"' Greenport I.277-308-346 Clark House, Alley' in front of . (Gpt.) F.124 Clark 'Street; -Greetport F.140 Creek. To ,Greenport F 143 Cox I s ''Lane,; 'Mattituck I.196-206-186; '•F.27-149- Cox' s`Neck,; Mattituck k U T N It K.212-225' Conklin,Road, '-MAttituck N.20-98,-,111 ' Central 'Dr-ive; MAttituck P. 33 captain Kidd Drive, Mattituck P. 33 Channel' Lane,`,Mattituck P. 75 , Q. 11 (abandonment) Center', Str-eeta' 'MAttituck P.106 ; Carroll. Avenue, Peconic F.200; 1.431' Cutchogue' P-ond, Peconic F.70 Calves,- Neck',' - Southold F.17;C.201;, D.331=231-,•236•' Cedar Beach,, Southold - F.246 Commoner' s „setll highway F.7; C.235 Cottage Place, Southold 1.232 Cedar' Avenue, Southold• N.311 Clark Road, , Southold N. 71 I Chestnut•'Road, Southold P.110 " ' `', Clearview Avenue, Southold ' P.185 Critten' s Lane, Southold (Southwood) P.170 C Christopher Street, Southold P.228 Creek Street New Suffolk F.58 -abandonment.. ' ' Calves Neck, Southold F.2 C.201-241 �•'9 Cedar ' Beach Road, Southold K.310 •°r Cindy-,'Lane, Mattituck P. 268 Calves Neck Road, Southold P. 298 -410- f - Clearview Avenue,-- Southold (Fairview P. 313 Clearview Avenue;. West Park) P. 313 Custer Avenue, Southold " P. 313 Cardinal 'Drive, Mattituck Estates P. 395 . ... Custer Avenue, .Southold P. 429-4151- - Clearview Avenue, Southold P. 429 " Colonial Road,' Bay View, Southold P. 440 Columbia Road,' Bay .View, . Southold P. 440 ` -.;- a, -�;' �c�AY �!'fYe; - C3���-fvie�p :• ;',,. wI,.1F •>>.y ,';',`;k;;,,;� - �,. ' Creek Street(abandonment) Q-9 Channel• Lane � ) 1 ando t). -'Crown . Land `Lane Z Q. 1 (ab nmen Q 36.-8 c3� Yt-� 12/11/2661 12:26, 51576558 MWARTHV;�MANAGEMENT PAGE 01 cCARTHY anagement, Inc. 46520 Route 48. Southold. New York 11971 (631) 765-5815 (631) 765-5816 FAX Southold Town Building Department Bhp Route 25 r A1!aE QfG D!,,,7- , Southold,NY 11971 SUTlOOLb December 11,2001 U.,ONRCH ST iix • 1000.96.1-11.1 To whom it may concern, The intended use and occq=cy of the lsroposed structure at the above referenced is for a Pool Installadon contractor.We feel that he fits within the light industrial classification as he is a type of a building contractor. Please feel free to call with say quiestions. Thank you Thomas 1.McCwthy Clwrch a—bldg dept Construction Management • General Contracting • Custom Homes VV FORM NO. 3- NOTICE OF DISAPPROVAL TO: 640 Church Street LLC DATE: January 10, 2002 46520 Route 48 Southold,NY 11971 Please take notice that your application dated December 7, 2001 For permit for construction of an industrial building at Location of property: 640 Church Lane, Cutchogue County Tax Map No. 1000 - Section 96 Block 1 Lot 11.1 Is returned herewith and disapproved on the following grounds: The proposed construction on property, 27,748 square feet in the LI District, is not permitted pursuant to Article XIV, Section 100443.A. which states; + "Structures shall be set back at least one hundred (100) feet from the right-of-waw ®I VI UVv In addition, the proposed construction is not permitted pursuant to Article XIV, Section 100-143.C. which states; "A project shall be divided into separate structures so that no single structure shall have more than sixty(60) linear feet of frontage on one (1) street." The proposed industrial building is noted as having-Lone hundred (100) linier feet of frontage on the adjacent right of way. Furthermore, the proposed construction is not permitted pursuant to Article XIV, Section 100-142, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the LI Light Industrial District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full." 63Bulk schedule requires a rear yard setback of 70 feet. The plans note a rear yard setback of 50 feet. Total lot coverage, following the proposed construction is twenty(20)percent. aAutro-r�izeld CC: file, Z.B.A. APPLICANT } TRANSACTIONAL DISCLOSURE FORH' The Town of hold ' s Code of Ethics Prohibits conflicts of Interest on the parU of town officers and employees . The Purpose of this form is to provide information which can alert the town of Possible conflicts of interest and allow it to take whatever action is necessary to avoid same . YOUR NAHS: VD ava.6 �L (Last name , first name , middle nitial, unless you are applying in the name of someone else or other entity, such as a company. If so , indicate -the other person ' s- or company ' s name . ) , NATURE OF APPLICATION: (Checic all that apply. ) Tax grievance Variance Change of zone "',,- Approval of plat Exemption from plat or official map Other --_ (If "Other, " name the activity. ) �Jt1ANPPrVfAVa, Do you personally (or through Your use, si parent, or child) have a relationshipmwith�anyoOfficerborn9, 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 £icer or em to ee owns more than 5 shares. , p y 9K of the YRS NO If you answered "yES, " complete the balance of this form and data and sign wheare indicated. ' Name of person employed by the Town of S tI Title or position of that person uold Describe the relationship between and the town officer or employee. Yithe'r ( the applicant ) E appropriate line A) through DEither check the provided . g ) and/or describe in the space The town officer ,or employee or his or her spouse, siblin parent, or child is (check all that apply ) : g' A) the owner ofo greater than 5,6 of the shares of the corporate stock of the applicant (when the applicant is a corporation) ; ________B) the legal or beneficial owner of any interest" •in a noncorporate entity (when the applicant is not a corporation) ; an officer, director, par' ner, or employee of the aPPlicantr or the actual applicant . DESCRIPTION OF RELIITIONSIIIP fful< AC s ------------- SEE SEC.N0.OE! - 9 H290,BD0 SIA 7 C H -' - - -- � - _ � - s .z .LINE ... . ° = M47CM LINE �S FOR PARCEL FOR PARCEL N4 MATCH .o./ SEE SEC.No.064 m� _ •" a -04-001 pip�' Q09•f �• r•O' p +ri s '•y m Q /g•2 6 y J <0 r ",o w La er 'Qtc •'3' Ra S 4 �• br. .V • QO 'r O � � ,f � d •,u6`J �Z` .uls r,'r+r /l 2 a1p 'so, I--� Q/pJ v Nwd rav V . _ Town Of Southold - t P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 01/31/02 Receipt#: 0 Transaction(s): Subtotal 1 Application Fees $600.00 Check#: 000000 Total Paid: $600.00 Name: Mccarthy, Thomas J P.o. Box 1266 Southold, N.y. 11971 Clerk ID: LYNDAB Intemal ID:48825 31 , v 14164 W1171—Text 12 PROJECT I.D.NUMBER 617.21 S 01 Appendix C State Envlronmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED,ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or P(o)ect sponsor) I AMLCrISPONSOR O PCV�N J. PROJECT LOCATIO Municipality D j County �hI � ♦. PRECISE LOCATION(Street addres nd road Intersections,prominent Iandmarks,etc.,or prov ajnaDI 5. IS PR{6POSED ACTION: 0 Excanslon 0 Modiflcationtalteration 6. DESCRIBE PROJECT BRIEFLY: , 7. AMOUNTOF LA F CTEM. Initially o d acres Ultimately acres E- WILL PROPOS �N,' N COMPLY WITH EXISTING ZONING OR OTHER EXISTING LANO USE RESTRICTIONS? (]Yes Ir No,describe briefly r DA U S. WPRT: RESENT LAND USE IN VICINITY OF PROJECT? onllal FInduslrial 0 Commercial 0 A rleullure cribe: r 9 0 ParWForesVOpen soaca l�(l Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL.OR FUNDING STAT1_09 LOCALI? NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERA L. Yea 0 No If yes,list agenWO and permithaprovals k3 11. GOES ANY AS�P'F���T OF THE ACTI.SV HAVE A jCURRE�NTtqLYVjD PIRM�_t�APROVAL? El Yes U ye:.Ilst a tocY name and Permit/a pProval 12. AS A RESULT OF OPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? 0 Yes No I CERTIFY THAT THOE INFORMA ION PROV OED ABO IS TRUE TO THE BEST OF MY KNOWLEDGE AOPdcantlsponsor ,ria S:-) ! Jq Data: �a Signature: �jji 11;1' 1111111 1� If the action Is in the Coastal Area, and yo�are stalo agency, complele the Coastal Assessment Form before procg with this assessment OVER r l ,a 0 • w l 'V t :i FORM NO. 3 NOTICE OF DISAPPROVAL TO: 640 Church Street LLC DATE: January 10,2002 46520 Route 48 Southold,NY 11971 Please take notice that your application dated December 7, 2001 For permit for construction of an industrial building at Location of property: 640 Church Lane,,Cutchogue County Tax Map No-1000- Section 96 Block 1 Lot 11.1 Is returned herewith and disapproved on the following grounds: . The proposed construction on property 21,748 square feet in the LI District, is not permitted pursuant to Article XIV, Section 100-143.A. which states; "Structures shall be set back at least one hundred(100) feet from the right-of-way." In addition,the proposed construction is not permitted pursuant to Article XIV; Section 100-143.C. which states, "A project shall be divided into separate structures so that no single structure shall have more than si=(60) linear feet of frontage on one(1) street." The proposed industrial building is noted as having one hundred (100) linier feet of frontage on the adjacent right of way. Furthermore the proposed construction is not permitted pursuant to Article XIV, Section 100-142, which states- "No building or premises shall be used and no building or part thereof shall be erected or, altered in the LI Light Industrial District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference,with the same force and effect as if such regulations were set forth herein in full." Bulk schedule requires a rear yard setback of 70 feet. The plans note a rear;yard setback of 50-feet. 'Total lot coverage, following the proposed construction is twenty(20)percent. Authorized Signature CC: file, Z.B.A. , , Town Hall,53095 Main Road N 2 Fax(516)765-1623 P.Q Box 1179 Telephone (51.6) 765-1802 Southold, New York 11971 jr OFFICE OF-THE BUILDING INSPECTOR TOWN OF SOUTHOLD NOTICE TO APPLICANT A decision rendered by the Building Department may be appealed to the Zoning Board of Appeals. Should you require information on how to apply, please contact the ZBA via telephone at 765-1809 or you may go to the ZBA office at Town Hall during normal working hours. TOWN OF SOUTHOLD BUM%WMtM APPLICAMON CMCI= • BITIOLDING DEPARTMENT TO®VIOT BALI,,' Do you have or need dw fbllowmg,bdbrc apply SOUTHOLD,NY 11971 Board of Health ' ' " ^ TEL: 765-1802 � I`seta of Buajding Plass, PERMIT NO. Survey► ftaznined ' Z0 Tntstm „ Cont 20 r Mail to: Disapproved a/c Phone: 175 . Building Inspector 7 APPLICATION FOR BUILDING PERMIT ;a BLDG DEPT, F SQUTHOLD Date INSTRUCTIONS -L a.This application MUST be c9mpletely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c.The work covered by this application may not be dommenced before issuance of B d.Upon approval of this application,the Building wilding Permit. shall be �Inspector will issue a Building Permit to the applicant. Such a permit kept on the premises available for inspection throughout the work, e.No building shall be occupied or used in whole or in part for any purpose is issued by the Building what-so-ever until a Certificate of Occupancy Inspector. APPLICATION IS HE MBY MADE to the Building Department for the issuance of a Building' pursuant to-the Building Zone Ordinance of the Town of Southold, Suffolk County,New York,and other applicable Laws,Ortdinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to admit authorized inspectors•on premises and in building for necessary inspections. (Signature of applicapt ora s,4 a q°r8o?' ) State whether applicant is owner,lessee a �i''�- of�applicant)f. • gent,architect, engineer, general contractor, electrician,plumber.or builder Nance of owner of premises (as on the tax roll or latest deed) If applicant is.a ration,si of du1 officer iTTame title of corporate officer) Bpilders.License No: Plumber"License No, Elect[i'* �M84ScVL•7e No. 9 J�i.. 2 11i&: ��:r..:T�.• 4. Other Trade's License M. ' 1. Location fiend • '. : .�..• .._1..-:�,�f fit,a��„•;:� ,, .. 0 on which i' ' ® proposed wor will be done: ; Rouse Number �U (/ Street H ' et ; L ��;,t d q No. 1000 o County Tax 1lRap S action .��o•.;:,,::�,�! .oM�°'� Subdivision Block Filed 1Via Al � ) p No. State e�nsting use and occapanoY�ofy es and tenoea usG auu �wur4A" - a. Existing use and occupanc Y b. Intended use and oecupa!w Addition Alteratt°n• Nature of work(check which applicable):New Buildin Other Work Repan. Removal Demolition (Description) Esdmated'Cost 16 Fee (to be paid on filing this application), 1Number of dwelling units on each floor . If�;e�g,number of dwelling units If garage, number of cars anc a nature and extent of each type of use. . If business, commercial or nnixed occup y, sp cif D if any:Front Rear om` Dimensions of e�nseng N9umber of Stories , Height F, ear Dimensions of same structure with alterations or additions: Front Height Number of Stories. Depth � .. ... , ,.,. Rear ePth g. Dimensions of entire new construction:Froof StorieOs ' Height Number aO� Rear �O Depth � � • ' . 9. Size of lot:Front r 10.Date of Purchase' r: Name of Former Owner--A) / 1 ct in which premises are situated r 11.Zone or use district 12.Does proposed construction violate any zoning law, ordinance or regulation: 13.Will lot be re-graded !-tom Wi11 excess fill be removed fmn�1 �e3es� D (� -S�L�Address 6 �" Phone No. 14.Names of Owner of premises Address Phone No Name of Architect Address Phone No. Name of Contractor �Q 15.Is this property within 100 feet of a tidal wetland? *YES NO • IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED 16.Provide survey,to scale,with accurate foundation plan and distances to property lines. on is at 10 feet or below,roust provide topographical data on survey. 17.If elevation at any poiYA property STATE OF NEW YORK) _, SSC COUNTY OF being duly sworn,deposes and says that(s)he is the applicant (Name of iadivi ove named, y y (S)He is the • (Contractor,Agent,Corpora Officer,etc.) of said owner or owners,and is tuly authorized to perform or have performed the said work and to make and file this applicatia that alb statements contained in tfiis application are true to the best of his knowledge and belief, and that the work will be performed in the manner set forst in the application filed therewith. a SwF W bCf®re IQrr � T'n day of 20�_ VA ; -NotaryPublic Si ® of Newyalk vti�polo state pied Suffolk Courcy, Exp>ir� 5.20. NYcCAI?THY MANAGEMEN 'INC. 46520 County Road 48 ^+ SOE YORK 11971 rv'r l'J,THOLD, N W 16) 765-5815 DATE (5 FAX,,(510`765-5816 ATTEN ION ? RE TO Coqcc 10L L? WE ARE SENDING YAttached,:_',' OU ❑ .Attached' ❑��Under se arate cover via the'`fol El Shop drawings :❑' Prints ❑ Plans ❑ Samples ❑, Specifications` ❑ Copy of letter k; .' _ ❑: Change order ❑ ® ® 0 tr, ) J,A a n 0_ 0, c)L/r) 2CCQ Ho J THESE ARE TRANSMITTE as chec b To rl� Iy�'�, �� � LA ,<e(-- ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: PRODUCT 240T If enclosures are not as noted,kindly notify us at once. I I I i i i i I } ELIZABETH A.NEVILLE _� OG'y� Town Hall, 53095 Main Road TOWN CLERK c - P.O. Box 1179 COD REGISTRAR,OF VITAL STATISTICS � � Southold, New York 11971 MARRIAGE OFFICER ,�i �� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER ®1 ��® Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: January 31, 2002 RE: Zoning Appeal No. 5084 Transmitted herewith is Zoning Appeals No. 5084—Thomas J McCarthy-Zoning Board of Appeals application for variance. Also included is a cover letter from Tom McCarthy, ZBA questionnaire, applicant transactional disclosure form, SEQR form, notice of disapproval,notice to applicant from Building Department,building permit application, set of drawings, and a survey. I i i For Office Use Only: Fee ► 30 o-Z t/r r a rr . ` Y� $ oD. Assigned No. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE OF BUILDING INSPECTOR'S DECISION APPEALED: ...,. h.e!l..00l.�.............................. 1 h�mTO THE ZONING BOARD OF APPEALS: I (We) 1.. . �... ......!.i��.�................l ....... of..Aq!2 0 k. fc_k.S.l.re .l. .'........(Appellant).. i�� HEREBY APPEAL THE DECISION OF THE BUILDING INSPECTORI DATD WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED-11A .`'.J P.1....... FOR: (1) Permit to Build ( ) Permit for Occupancy ( ) Permit to Use ( ) Permit for As-Built ( ) Other: J I. Location of Prope�ty...6yQ... :,,, ¢?� „�,,,,� � .r:::[.. oneL�' District 1000 Section.' """' ....Block......Lots)...... ................:Current wrier 2. Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection and paragraph of Zoning Ordnance by numbers. Do not quote the law.) Article $e•ction 100- 19ASub-Section .............. 3 Type of Appeal. A ppeal i ade herewith for: ( ) A Variance to the Zoning Ordinance or Zoning Map ( ) A Variance due to lack of access as required by New York Town Law /Chap. 62, Cons. Laws Art. 16. Section 280-A. ( ) Interpretation of Article ..... Section 100. . ( ) Reversal or Other: � ��"�•""' 4. Previous Appeal. A previous a • ••••.• � property or with respect to this decision aof the Bui h ng Inspector een made with respect .. this (Appeal #...... Year .......). REASONS FOR APPEAL fAdditional sheets may be used with a licant's si nature): AREA VARIANCE REASONS: (1) An undesirable ..mange will not be produced in the CHARACTER of the n or a detriment to n. ,rby properties, if granted, because: eighborhood (2) The benefit sougt1f by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief re4k,vsted is not substantial because: environmental conditions in (4) The variance will NOT have an adverse effect or impact on the physical or :: neighborhood or district because: (5) Has the alleged difficulty been self-created? ( ) Yes, or ( ) No. This is the MINIMUM that is rF�cessary and adequate, and at the same timereserve of tl�c•r� neighborhood and the health, safety, P and protect the character community. , and welfare of the ( ) Check this box if USE VAMANCE STANDARD r com e nd Ott ched. rn to before n� this a�Nd day Qf ���.n�....., 20 t�� (Signature o uthorize Agent) (Agent must submit Authorization om Owner) Notary Public Notary PublicthtLove eVof New York ZBA App O8/00 No. 01 L06054063 Southold Town Zoning Board of Appeals Route 25 Southold,NY 11971 January 29,2002 RE: AREA VARIANCE 640 CHURCH ST. LLC Chituk Pools AREA VARIANCE REASONS: 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: By the granting of this application we are removing a blighted non-conforming use and structure from the premises, creating a productive positive change in the physical appearance,maintenance and ultimate use of the property. Additionally,we are locating the proposed structure further from the right of way than the existing improvements. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: The applicant believes that an area variance is not necessary, and the parameters for granting the requested permit are set forth within the scope of the current zoning ordinance. The applicant is applying for such relief/interpretation that the Board deems necessary to proceed with this application at the request of the Principal Building Inspector. The applicant further believes that the pertinent issues at hand are: AS PER THE DISAPPROVAL: 1. Article XIV, Section 100-143.A. "Structures shall be set back at least 100 feet from the right of way" . The applicant believes that the intent of this code section is for conforming lots. The application at hand is a non-conforming lot and should be properly dealt with by using Section 100-244A which deals with reduced setbacks in order to accommodate non-conforming lots. Section 100-244B allows a front yard of 40 feet for our size lot and our proposal complies. I i i i I I i J - c 2. Article XIV, Section 100-143C " a project shall be divided into separate structures so that no single structure shall have more than sixty(60) linear feet of frontage on one(1) street". The applicant feels that the right of way that serves the subject premises is just that- a right of way and not a"street"as defined in the code @ page 10032, and this section does not apply. If the Board determines that this section does apply,we request relief due to the fact that the size of the building seems to be the minimal needed to house the contract vendees business. 3. Article XIV, Section 100-142 "No building or premises shall be used and no building or part therof shall be erected or altered in the LI Light Industrial District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference,with the same force and effect as if such regulations were set forth herin in full". We have proposed a 50 foot rear yard setback as allowed in 100-244B. 3. The amount of relief requested is not substantial because: The proposed structure is suited in size and scale to its particular site and is within the designated lot coverage allowable under the code. 4. The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The structure is intended to be used for an allowable use for the LI-40 Zoning District in which it is located. This area has been designated by the Town Board for this type of use. Through the adoption of the Master Plan. Business activities other than parking will be carried out behind the building or proposed fenced/landscaped area and will be dealt with as we obtain approvals from the Planning Board. 5. Has the alleged difficulty been self created? ( )YES (X) NO Thank you for your time and attention to this matter, Thomas J. Mc h LLC member I i I QUESTIONNAIRE FOR FILING WITH' YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial iii-terest in the subject premises and a description of their interests: (Separate sheet may, b ttached. ) AV4 �. 0L AI �`Ak B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? { } Yes- { No D. 1. Are there any areas which contain wetland grasses? AIL_ Z. Are the wetland area's shown on the map submitted with this application? fy 3 . Is the property buLkheaded can the wetlands area and the upland building area? - G 4. If your property contains wetlands or pond areas, have you contacted the Office of the To T_ru.s-ees for its determination of jurisdiction? IV E. Is there a depression or sloping elevation near the area of proposed o struction at or below five feet above mean sea level? (If not applicable, state "N.A. ") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? If none exist, please state "none." G. Do you have anyconstrue 'an taking place at this time concerning your premises? )�i(� If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? �{�_ If yes, please explain where or submit copies of deeds. I. Please list p esent us� or operations conducted at this parcel Yo a vyu l Awe and propos use W f Author S11gkaturdKand 4kLte 3/87, i0/sOlk APPLICANT i TRANSACTIONAL DISCLOSURE FORH The Town of Southold ' s Code of Ethics 2rOhibits conflicts of - interest on the parU of town officers and employees . The purpose of this form is to provide information which can alert the town of Dossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: (9q 0 ret, I (Last name, first name , middle Inibial, unless you are applying in the name of someone else or other entity, such as a company. If so , indicate the other person ' s or company ' s name . ) NATURE OF APPLICATION: (Check all that apply. ) Tax grievance Variance - Change of zone Approval of plat Exemption from plat or official map Other -- (If "Other, " name the activity . ) l� Do you personally (or through Your Parent, or child) have a relationshipmvith�anyooFficerborn9• 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) the toowns more than 5 a corporation in which wn fiver or employee shares. % of the YES NO i If you answered "YES, "• complete the balance of this form and date and sign where indicated. Name of person employed b S Title or Y the Town of ut old positi on of that person .pG Describe the relationship .between yourself ( the applicant and the town officer or employee. Either check the ) appropriate line A) through D) and/or describe in the space provided . The town officer or employee or his or her spouse , sibling, parent, or child is (check all that A) the owner of o apply ) : greater than 5,(, of the shares of the corporate stock of the applicant (when the applicant is a corporation ) ; B) the legal or beneficial owner of an c interest in a noncorporate entit corporation) = y (when the applicant is not a C) an officer, director_ , partner, applicants or or employee of the the actual applicant . DESCRIPTION OF RELATIONSi1Ip e S; ulM d*UK s D S l 14-16-4 W8771—Text 12 PROJECT L0.NUMBER 617.21 1 Appendix C S Q f State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. A /SPONSOR L 2. P OJ l j 3. PROJECT LOCATIO Munleioallty f County <. PRECISE LOCATION(Street addres nd road Intersections,prominent landmarks,etc.,or pror a inapt rJ I 5. IS PR POSED ACTION: t New ❑Expansion ❑Modlgcationtaltemi ri I 6. DESCRIBE PROJECT BRIEFLY: 1 �eLo 7. AMOUNT OF LA� F CTED: Initially acres Ultimately acres a. WILL PROPOSED A ;ON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LANG USE RESTRICTIONS? Cl Yas No It No.desenbe briefly �fAl 9. WMt,1T IS RESENT LAND USE 1N VICINITY OF PROJECT? QQQ 0j5iap�'Aeildentlal 0hridusiraal ❑Commercial scribe: ( Agriculture ❑Park/ForesUOpen space Xother 10. DOES ACTION INVOLVE A PERMIT APPROVAL.OR FUNOING� STATOR LOCAL)? OW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERA Yes C3N* It yea,list agency(%)and permtUaoprovals 11. COES ANY ASP T OF THE ACTIZ.N HAVE A CURRENTLY V LID PE Cl Yes N' It ye:,lista *n 9- cY name and permtURMIT OR APPROyALjapproval - 12. AS A RESULT OF ❑Yes No OPOSEO AC710N WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMA IO�1N PROV OED ABOV IS TRUE I1TO THE BEST OF MY KNOWLEDGE AVplicanUsponsor nit Date; Signalute: II the action Is In the Coastal Area, and you are a state agency, Complete the Coastal Assessment Form before proceeding with this assessment OVER a _ �" `�Jb� � � �— .! �._,fi Y I n J G Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 01/31/02 Receipt#: 0 Transaction(s): Subtotal 1 Application Fees $600.00 Check#: 000000 Total Paid: $600.00 Name: Mccarthy, Thomas J P.o. Box 1266 Southold, N.y. 11971 Clerk ID: LYNDAB Internal ID:48825 _x A FORM NO. 3 NOTICE OF DISAPPROVAL TO: 640 Church Street LLC DATE: January 10,2002 46520 Route 48 Southold,NY 11971 Please take notice that your application dated December 7, 2001 For permit for construction of an industrial building at Location of property: 640 Church Lane, Cutcho ague County Tax Map No. 1000- Section 96 Block 1 Lot 11.1 Is returned herewith and disapproved on the following grounds: The proposed construction on property, 27,748 square feet in the LI District, is not permitted pursuant to Article XIV, Section 100-143.A.which states: "Structures shall be set back at least one hundred(100) feet from the right-of-way." In addition,the proposed construction is not permitted pursuant to Article XIV, Section 100-143.C. which states; "A project shall be divided into separate structures so that no single structure shall have more than sixty(60) linear feet of frontage on one(1) street." The proposed industrial building is noted as having one hundred(100) linier feet of frontage on the adjacent right of way_ Furthermore, the proposed construction isnot permitted pursuant to Article XIV, Section 100-142, which states: "No building or premises shall be used and no building or part thereof shall be erected or altered in the LI Light Industrial District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference,with the same force and effect as if such regulations were set forth herein in full." Bulk schedule requires a rear yard setback of 70 feet. The plans note a rear yard setback of 50 feet Total lot coverage, following the proposed construction is twenty(20)percent Authorized Signature CC: file, Z.B.A. 6f F104 Z& D Town Hall,53095 Main Road N = Fax(516)765-1823 P.O. Box 1179 %1-- Telephone (51B) 765-1802 Southold, New York 11971 OFFICE OF-THE BUILDING INSPECTOR TOWN OF SOUTHOLD NOTICE TO APPLICANT < A decision rendered by the Building Department may be appealed to the Zoning Board of Appeals. Should you require information on how to apply, please contact the ZBA via telephone at 765-1809 or you may go to the ZBA office at Town Hall during normal working hours. L PLANNIN( BOARD MEMBERS BENNETT ORLOWSKI,JR., P.O.Box 1179 Chairman ® Town Hall, 53095 State Route 25 ee� Southold,New York 11971-0959 RICHARD CAGGIANO Telephone(631) 765-1938 WILLIAM J.CREMERS s�e Fax(631) 765-3136 KENNETH L.EDWARDS `MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Gerard P. Goehringer, Chairman, Zoning Board of Appeals From: Scott Hughes, Senior Environmental Planner F­�.��_,] . Re: 640 Church St. LLC ? M �t �,'7� � . } .7 r — i Application # 5084 SCTM #1000-96-1-11.1 ±�;1 AUG 2 2 Date: 22 August 2002 - 3`�a-PAA- I The Planning Board has reviewed the above ZBA pending application regarding the construction of an industrial building and offers the following comments and concerns. In general, Planning Board has concerns with applications that ask for multiple variances. Since this application asks for three variances it is looked upon as unfavorable. Besides the number of variances we also have issues with each of the specific variances. They are addressed below. (1) "a building frontage (width) greater than 60 ft. long:" Planning Board opposes granting variances for more construction than would normally be permitted in accordance with the zoning district's bulk schedule. This larger._ than allowable building will unnecessarily impose on the surrounding homeowners. (2) "less than 70 feet from the rear lot line:" From a planning standpoint this variance would also impact adjacent residents. As offered the building is too close and offers no buffering to the neighbors. We had suggested for the applicant to mitigate this impact by adding to the proposed little-to-no landscaping and reducing the tremendous, amount of crushed concrete parking areas. Changes submitted on an amended plan have not significantly addressed this issue. (3) "minimum specifications for safe access by fire and emergency vehicles to this lot without frontage on a town street." Access to the site is by an unimproved (graveled) 28' right-of-way owned by S First Baptist Church of Cutchogue. Though requested for, we have not been provided with documentation that First Baptist has given the applicant permission to use this right of way. This permission is required to assure that access is permanently available. If use is granted, the Planning Board recommends the road be improved ("paved") to a minimum fifteen-foot width. Also, the Planning Board suggests that the protection of public ,health and welfare of the partially residential character of this neighborhood be given serious consideration and the non-conforming nature of the lot is a limiting factor that should not be ignored. I thank you for the opportunity to inform and recommend to the Zoning Board of Appeals. -a E; �, 1� c ' AUG 2 2 )2 l C All JAMES Bi_'NCHi3CK Cz 5 p O SOLID WASTE COO DINATORco '2 Cutchogue,New Tel: (631) j Gy?JO� Fax:(631) 7 SOUTHOLD TOWN Se eer 4,2002 SOLID WASTE DISTRICT mb \ MORANDUM 274 TO: Victor L'Eplattener ��� 2 FROM: �;h im Bunchuck 002 Southold Town SUBJECT: Landfill Photo and Traffic Counts Plannijnq BCja�� ,�. . As requested, enclosed please find a photo of the landfill and surrounding vicinity with the proposed new exit to Cox's lane indicated, along with traffic counts of vehicles exiting the transfer,station on 3 recent days. The picture does not capture Depot lane,where another exit handling traffic to the new compost facility-might be located some time down the road(no pun intended). That is dependent on a number of other factors and is currently not within the Town's control to accomplish. The Cox's lane exit is virtually a done deal,however, at least so far as the property belongs to the Town. If the County installs a traffic light at Cox's and Rt. 48,I believe the exit will be as shown. As for the exiting traffic, our counts were as follows: Date/Time Left Turns(eastbound) Right Turns(westbound) 8/24/02(Sat) 10:10 am-1:45 pm 421 (49%)(406 cars, 15 trucks)* 427(51%) (408 cars, 19 trucks) 8/25/02(Sun) 10:00 am-4:00 pm 452(48%)(444 cars, 8 trucks) 476(52%) (470 cars,7 trucks) 8/28/02(Wed) 10:00 am-4:00 pm 239(49%)(221 cars, 18 trucks) 242(51%) (217 cars,25 trucks) TOTALS: 1,112 (49%) (1,071 cars,41 trucks) 1,145 (51%) 1,095 cars,51 trucks) Please let me know if you have any questions or need additional information. *Cars are passenger vehicles,including SUV's and<1 ton pickup trucks;trucks are>1 ton pickups,any commercial vehicle towing a trailer,tractors,garbage trucks,landscape trucks FORM NO. 3 i AOG 2 3 NOTICE OF DISAPPROVAL TO: 640 Church Street LLC DATE: January 10, 2002 46520 Route 48 AMENDED: August 23, 2002 Southold,NY 11971 Please take notice that your application dated December 7, 2001 For permit for construction of an industrial building at Location of property: 640 Church Lane, Cutchogue County Tax Map No. 1000 - Section 96 Block 1 Lot 11.1 Is returned herewith and disapproved on the following grounds: The proposed construction on property, 27,748 square feet in the LI District, is not permitted pursuant to Article XIV, Section 100-143.A. which states; "Structures shall be set back at least one hundred(100) feet from the right-of-way." CQ The proposed construction notes a setback of forty(40) feet from the right of way_ In addition the proposed construction is not permitted pursuant to Article XIV Section 100-143.C. which states; "A project shall be divided into separate structures so that no single structure shall have more than sixty(60) linear feet of frontage on one (1) street." 0 The proposed industrial building is noted as having one hundred (100) linier feet of frontage on the adjacent right of way. Furthermore the proposed construction is not permitted pursuant to Article XIV Section 100-142 which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the LI Light Industrial District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full." J Bulk schedule requires a rear yard setback of 70 feet. The plans note a rear yard setback of 50 feet. In addition the proposed construction is not permitted pursuant to Article XXIII Section 100-235A.1, which states; "No building shall be erected on a lot that does not have direct access to a public street in y_ accordance with $ 280-a of the Town Law." Total lot coverage, following the proposed construction is twenty(20)percent. This disapproval was amended on August 23, 2002, to include a disapproval based on access to a public street(100-235A1) Authorized Signature CC: file, Z.B.A. /( ONING BOARD OFAPPEAL Town Hall Office 53095 Main Road P.O. Box 1179 Southold, NY11971-0959 Email: Linda.Kowalski(a,Town.Southold.ny.us or Paula.Ouintieri(a�,Town.Southold.n http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-1823 (alt. 9064) TRANSMITTAL To: Jewry, Lydia, George, Ruth, and Vincent DATE: Yl 2312002 REF: Hearing Date: 113 / o a Appl. of ( x ) Info attached for your information and review. OZ - ce Thank you. Pages attached: 2ANSMISSION VERIFICATION REPORT, TIME 08/30112002 14:15 DATEJIME 08/30 14:14 FAX NO. /NAME 2983287 DURATION 00:01:16 PAGE(S) 03 RESULT OK 1 MODE STANDARD 4 ECM OF \ SONINGB=OFAPPEAL, 53095 Main Road Southold, NY 11971 Email: Linda.Kowalski(&,Town.Southold.ny.us or Paula.Quintieri a,Town.Southold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-9064 1 l' FAX TRANSMISSION FAX# a-� �3 �_�7 ATTN: _ DATE: P/ 3d /2002 REF: MESSAG C 1q19, a � —Zz—o Z Z� Please feel free to 6all if yfou did not re'ceive all sheets. Town Hall hours are between 8 and 4. Thank you. Pages to follow: ZONING BOARD OF APPE, V Town Hall Office 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Email: Linda.Kowalsk Town.Southold.nv.us or Paula.Ouintieri(a-Town.Southold.nv.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-1823 (alt. 9064) TRANSMITTAL To: Jerry, Lydia, George, Ruth, and Vincent DATE: 6 / Z Z /2002 I/ REF: Hearing Date: ,f _ �2L-Z/ 62-- Appl. of ( x ) Info attached for your information and review. Thank you. —1 Pages attached: C�' Fe : 7m- NOTICE OF PUBLIC HEARING ` SOUTHOLD TOWN o BOARD OF APPEALS THURSDAY,AUGUST 22,2002- I - STATE OF NEW YORK) )J NOTICE IS HEREBY GIVEN,pur- f I )SS: suant to Section 267 of the Town Law�- COU TY O SUFFO K) j and Chapter 100(Zoning),Code of the Town of Southold,the following appli- ij O ��,�, cation will be heard by the of Mattituck, In said SOUTHOLD TOWN BOARD OF ;I county, being duly` sworn, says that he/she is iAPPEALS at the Town Hall, 53095 i Main Road; Southold, New York Principal clerk of THE SUFFOLK TIMES, a weekly 4 y 11971,on THURSDAY,AUGUST 22, newspaper, published at Mattituck, in the Town of 2002, at the time noted below (or as ; Southold, County of Suffolk and State of New York, soon thereafter as may be possible)' ' 8:20 pm Appl. No. 5084 - 640 and that the Notice of which the annexed is a printed CHURCH ST LLC.This is a request 1 copy, has been regularly published in said Newspaper for Variances under Section 100- 235A.1, 100-143A and 100-142, and once each week for / weeks succes- New York Town Law Section 280-a, siVely, commencing on the day based on the Building Department's 4 January 10, 2002 Notice of" of OS2-- 200-Z, j Disapproval, concerning a new build- ing proposed in the-Light-Industrial Zone District: (1) -with a building frontage (width) greater than 60 ft. 4,/,X'�Prin�cipal Clerk long,(2)at less than 70 feet from the rear lot line,(3)for a determination of minimum specifications for safe access Sworn to before me this by fire and emergency vehicles to this lot without frontage on a town street; day of l n��7ra-P't/ 20 and00 feet from with a-setback of-lesf-waYs than Property d 'i'm~ j feet from the right-of--way. Property Location:640 Church La.,Cutchogue;_ LAURA E. BONDARCHUK Parcel 96.-1-11.1. The Board of Appeals will hear all Notary Public, State of New York j persons, or their representative, desir- No 01 806067958 ing to,be heard at the hearing,or desir- Qualified in Suffolk County -ing to submit written statements before My Commission Expires Dec.24,2Q— the conclusion of this hearing. This hearing will not start earlier than desig- nated.Files are available for review at the Town Hall(between 8 and 3 p.m.) If you have questions, please do not hesitate to call(631)765-1809. Dated July 29,2002. Southold Town Board of Appeals Town Hall 53095 Main Road P.O.Box 1179 Southold,NY 11971-0959 2407 11 Au i TRANSMISSION VERIFICATION REPCII' TIME 0812212002 15: 20 DATE,TIME 00!22 15:19 FAX NO.INAME 7655816 DURATION 00:01:19 PAGE{S} 03 RESULT OK MODE STANDARD ECM 1 ,r -A P� Llk FILE UPDATE DATE: ZBA.FILE #AND APPLICANT: �_� (o ,mac L�G NEW INFORMATION/FILE UPDATE: Date of Board Resolution: M!?-j a, ,I o o 2- Status Status at Hearing or Other Review": l Cc c� P 13aj-e� �ef&. 3 - - Items Received: a.� .,� d-" b/o2O "d / Z ovt G 16102- Other ther Items Pending Submission to ZBA File by Applicant(s): 1. J3 - j 2. 3. �J-002.-, 2, APPEALS BOARD MEMBERS -613F F01 Southold Town Hall Gerard P. Goehringer, Chairman = �� 53095 Main Road Lydia A. Tortora y P.O. Box 1179 George Horning Southold,New York 11971-0959 Ruth D. Oliva �' ® ��� ZBA Fax(631) 765-9064 Vincent Orlando l �► Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD May 21, 2002 Mr. Thomas J. McCarthy McCarthy Management, Inc. 46520 C.R. 48 Southold, NY 11971 �= Re: 640 Church St. LLC Dear 0=e4r—thy: - Thank you for submitting surveys for board review and the official file. In reviewing the survey, however, it is noted that a clear right-of-way access to the lot has not been confirmed and will be necessary as part of the board's review. Would you please furnish an original and six (6) prints of a title survey showing the legal access to the property from the County Road, and also furnish copies of the deed which conveys the right of access. A written letter or separate application form will be needed requesting a variance under Town Law, Section 280-A. This amendment is included under the $600 filing fee paid under Appl. No. 5084. Once the application-_has been amended- and the above information furnished to the Board, a new notice of hearing, certified mailings, and publication will follow as required under Chapter 58. When written comments have been forwarded to our Department regarding the new site plan application (to be filed with the Planning,Board), the variance application will be returned to the hearing calendar. - Please feel free to call if you have any questions regarding this procedure. Thank you. Very truly yours, A erar . , er ring Chairman t SOUTHOLD TOWN BOARD OF APPEALS TRANSCRIPT OF HEARINGS HELD OCTOBER 3,2002 (Prepared by Paula Quintieri) Present were: Chairman Gerard P. Goehringer Member Lydia A.Tortora Member Ruth Oliva Board Secretary Linda Kowalski Absent were: Member George Horning Member Vincent Orlando PUBLIC HEARINGS: 7:18 p.m. Appl.No. 5150—T.AND A. LAOUDIS (TO BE COMPLETED) 7:01 p.m. Appl.No. 5158—MARTEM MANAGEMENT/A.MARANAKIS (TO BE COMPLETED) 7:39 p.m.Appl.No. 5084—640 CHURCH ST.,LLC CHAIRMAN: Mr.McCarthy,how are you tonight? TOM MCCARTHY: Good evening Mr.Chairman. CHAIRMAN: Now, even after you look at that plan ladies and gentlemen, if you have questions regarding the plan and questions you want to talk to each other about, we are going to go for another 45 minutes and we can recess this for 20 or 25 minutes. Everybody can go out in the hall and talk about it and then you can come back and voice your opinion. That's the nice part about a Special Meeting. During that interim we are,of course,going to be doing decisions on other matters. So you are aware of that. TOM MCCARTHY: Mr. Chairman I also have proposed elevations of the building revised, as well as, which I would like to submit to you and anyone else that would like to look. CHAIRMAN: Okay we're ready and please again ladies and gentlemen in the audience,please feel free to review this to the best of your knowledge and take a little time. There's no push no shove. That's why we have the Special Meeting,it's very nice during this time, and we can recess for 20 minutes. I don't mean to be redundant,you can go out and talk about it or we can remove ourselves for 20 minutes and you can talk about it. Whatever you would like. We can go down to the Town Board Room and make decisions; come back here and then we'll reconvene the hearing. We're ready. TOM MCCARTHY: Okay, in summary, the revised site plan takes the building we're asked to reduce the size of the building, which we have done. We have a 4,000 square foot building. Previously we had a 5,000 square foot building. We've rotated the building 90 degrees. Previously it had 100 feet of frontage on the right-of-way. We've rotated the building and made it smaller. We now have 50 feet facing the right- of-way. The building is now 50 x 80 and only 50 feet is facing the right-of-way. The overhead doors that will be used for access to the building itself are facing not towards the right-of-way, they're facing south towards Route 48. If you take a look, additionally we've added a row of arborvitaes, five to six feet high 4 t f Page 2,Octobei 3,2002 Transcript of Public Hearing Zoning Board of Appeals along the right-of-way, in addition to a chain link fence six foot tall with privacy slats, to try to buffer our neighbors to the best of our ability. I believe previously we had two openings for ingress and egress onto the right-of-way; presently we have one. We've significantly reduced many things here. We have also proposed to surround the remaining property lines with chain line fence with privacy slats around the rest of the perimeter. If I can draw your attention to the building elevations, we have tried with the architect to give the building, it will be a steel skinned building, but we've tried to give it a little bit of help with some architecture, we've added windows, they're called clear story windows up maybe about nine feet, approximately nine or ten feet from the ground to try to give it a little more visual interest and reduce some of the impact of just a straight steel skin of wall There are on the building, there are overhangs on the building and there are also some decorative gable end vents. We have provided for landscaping up against the building, to the best of our building adjacent to the north,I'm sorry adjacent to the south and to the east and they're will be planting that's directly up against the building and unfortunately the elevation drawing that you have in front of dust shows some very low hedges but will also have some other trees that will in fact grow up over the course in time, will increase in height We have provided, for the Board's use, a layout of the floor plan here and its just, the Members of the Board had asked why do we need the space that we need; and this is a simple layout that shows the office, handicapped accessible toilet closet to a storage room; the shop for working on equipment and in front of the staging area, the bins where Mr. Chituk will keep his supplies and parts and pieces,his plumbing fittings, and so on and so forth. He has an area where he stores, that will be designated to store the pool kits. He also stores his customer's pool covers and there's a small room for, separated from the rest of the interior space of the building for the small amount of chemicals that he has. MEMBER TORTORA: What's the staging area? TOM MCCARTHY: It's just where he can bring the trucks in and load up out of the weather for the supplies that he may need or park the vehicle inside overnight. MEMBER OLIVA: How many trucks will he need? TOM MCCARTHY: How many trucks? MEMBER OLIVA: Yes. TOM MCCARTHY:Five. MEMBER OLIVA: Five? And how do you propose to get them in and out of the right-of-way that's just dirt,primarily,and very narrow? TOM MCCARTHY: Mrs. Oliva, we have previously offered to improve the right-of-way to satisfaction of the neighbors whatever that may be. Whether that be blue stone, and we've previously gone on the record to make that offer and we've actually submitted that in writing to the Board, as well, as part of the public record. Whether that be blue stone, I believe that some folks were against the use of asphalt, in previous conversations,because they feel that it might increase the speed of vehicles down the right-of-way. CHAIRMAN: You could put speed bumps in the road. TOM MCCARTHY: We could do that as well. MEMBER OLIVA: Have you had any conversation with the DPW as far as your curb cut? TOM MCCARTHY: No we have not. MEMBER OLIVA: I would just like to, as a Member of the South Transportation Committee,I have some information here about the number of cars going from the east and west entering the landfill. It has been donated or designated by the Police Department and the DPW as a real hot spot because of some very serious accidents at that landfill site. And there is a move a foot only ingress into the landfill. I know Page 3,October 3,2002 Tianscript of Public Hearing Zoning Boaid of Appeals egress that would be done some way to Cox's Lane, perhaps with a light. So I don't know if the DPW would be very happy, or I would be very happy or the community would be very happy of having trucks going in and out at that spot when there's such a limit to sight or blind sight. I would like to dust enter that into the record. TOM MCCARTHY: As I believe Mr. Chituk has previously stated, the vehicles leave in the morning. They're out on the road doing their service work and attending to other peoples homes and pools and they may stop back if they're short of a supply, they may stop back during the day and then they'd be back in the evening. It's not a delivery service,where they're coming in and out all day long. MEMBER OLIVA: Another question is I still do not understand why you need a 4,000 square foot building, when other pool companies have anywhere from as small as 500 square feet to other ones on the south shore that have a bigger operation than Mr. Chituk proposes at only 2,000 square feet. TOM MCCARTHY: I don't know which ones you are speaking of I'd be happy to investigate them, but this is what Mr.Chituk's needs are and he has scaled it down from 5,000 to 4,000 square feet. CHAIRMAN: Any other question Lydia? MEMBER TORTORA:The slatted lines in the floor plan,what does that signify? TOM MCCARTHY: Shelving. CHAIRMAN: I don't have any questions at this time, Mr. McCarthy, let's continue with the hearing and again, I didn't necessarily ask anybody's permission but if need be, and the community wants to digest this plan, as I said we can recess for a short period of time and then come back again. So we'll see what they're likings are at that point. We'll let the attorney speak first. REGINA STELZER,ESQ.: I don't think we need a recess. CHAIRMAN: Okay. Could you just pull the microphone down a little bit so we can hear. REGINA STELZER,ESQ.: How is that,can you hear me? CHAIRMAN: That's good. REGINA STELZER,ESQ.: I try standing on tippey toes if it will help. Good evening. I am going to be very brief and I just want because I did send a letter,which I believe all of you have received. I believe you received the letter and I hope that you have had a chance to review the letter perhaps with your attorney. My point, and I've explained this to the community, is that it really makes no difference what size this building is and it doesn't matter whether it has windows or if it doesn't have windows. The real problem, and I believe you really focus on it,is that we are talking about a residential area and what we've got here is a structure that is going to be and would be perfectly reasonable in an industrial area that has the type of roads to accommodate it. One of the reasons both the Village, the Town and the State of New York have passed the law saying that industrial buildings have to be on a road, on a dedicated road, is because they didn't want to create the kind of potential problem that you would go so wide and be able to see. That is why they have asked for a road because the dedicated road usually has all these things that you are talking about. Has already had considerations about traffic, light and things of this sort. It is almost criminal to suggest that you could put an industrial building on a right-of-way,whether you pave it or you don't pave it, it is still a right-of-way. It is not a road,and so legally,you cannot grant this application. CHAIRMAN: I really wish that you would have a discourse with counsel. I really think you need to make an appoint with out counsel, which is our Town Attorney. And I have to tell you, that we have been granting,I don't care what it is, I don't care if it's green,yellow,blue, chartreuse or whatever,we have been granting buildings on rights-of-way since the beginning of Section 280A. REGINA STELZER,ESQ.: Industrial buildings? Page 4,Octobei 3,2002 Tianscnpt of Public Hearing Zoning Board of Appeals CHAIRMAN: Everything, everything has been granted on them. This is a small town,Mrs. Stelzer; we've had potato houses since the beginning of time, since the first potato that was grown on this site. I do understand exactly what you're saying. We are taking every possible concern that this community has, as I told you in the first hearing, you were not here, I said if this gentleman builds a building it will be a model building. I made that statement. But I have to tell you that I don't disagree with what you're saying, but I do disagree with the philosophy of that particular issue of the New York Town Law 280A. I understand that it's not part of the sub-division plan, I understand that it's not part of a plot, I understand all of those things, but we have a 28-foot right-of-way here; which, in effect, could be improved 28 feet. We never want to see that happen, okay. It can be improved in , there can be drainage put in, there can be speed bumps put in. All those precautions and all those concerns, do we want to see that happen, I don't know. It's really up to the Board to make the determination and the community with their impute and we take those two things and we bring them together. But remember what I said, at the last hearing, that we didn't create the Zoning,the Zoning is in place. REGINA STELZER,ESQ.: And the Zoning is indeed in place, and we are not objecting to, I am certainly not objecting to the Zoning. I think the Town tried to do what they thought was best because of the landfill and I can understand it from their point of view. But what I am saying is that this is a Zoning Board of Appeals and the reason you are here is to provide an applicant, a landowner with an opportunity to do something that he legally cannot do, okay. You give variances that mean you're giving them a chance to do something that,by law, they can't do. Well,when you do that there has to be a good reason for you to give somebody the opportunity to build a house two feet instead of twenty feet, or whatever the side yard variance. And I know that all of you are very concerned and very, very knowledgeable about this community and when you make a decision on a variance,I am sure that you think a lot about it and that you know that when you're giving that person that variance it's because it makes sense. It may not be the law, but it makes sense. But in this case, not only is it not the law, but it doesn't make sense. It is totally ludicrous to have to tell these people who are living there and have been living there, that you're going to give somebody an opportunity to do something that is against the law. CHAIRMAN: That's your opinion. REGINA STELZER,ESQ.: Oh no,the state law is very clear. CHAIRMAN: Ma'am the minute we grant a 280A,the legal access is done. REGINA STELZER, ESQ.: I don't want to argue with you about this because it really is not something I feel I should be doing at this point. I think all of you are very sensitive to this whole situation. If I'm missing the point, because my fellow colleagues tell me I'm missing the point. I am telling you that if we grant access to something, over a 280A standard, and we use all of the knowledge and availability that we have at our resources such as the resource of the Town Engineer, the resource of the Highway Superintendent; the resource of Suffolk County Department of Public Works who basically have jurisdiction over County Road 48,and who I work with on a daily basis in Hauppauge. Then we have used every resource that we have at our fingertips to create a specific standard, which and then granting that standard then become law. Now you are saying that is what I am doing, I am incorrect in doing this and you are saying that I am doing something illegal. REGINA STELZER, ESQ.: No, what I'm saying to you is that there is a law in effect, and that if the Zoning Board of Appeals you have a right to give a variance and to essentially say to that person,you don't have to abide by this law. We're going to give you the opportunity to do something, to build a berm for example, so that you don't have to apply with the law. But what I am saying is that in this specific case, there is no common sense reason to grant a variance because the law in this particular case, makes sense and its important because you have an obligation to protect all of the people,not only the applicant before you but the people who are in the community. You have an obligation and I know you all know that so I don't know why I am telling you this. l , l . ' Page 5,October 3,2002 Transcript of Public Hearing Zoning Board of Appeals CHAIRMAN: Because I am concerned about when you use that word, the words that you were using because I certainly I don't chose to do anything that is out of sort. REGINA STELZER,ESQ.: And you are not doing anything out of sort. MEMBER TORTORA: I believe counsel was saying is when counsel refers to the law,counsel is referring to the Zoning Law of the Town of Southold. Is that correct? REGINA STELZER,ESQ.: And to the State Law,of the State of New York. MEMBER TORTORA: That's just your position between the two. REGINA STELZER,ESQ: There's no conflict between the two. MEMBER TORTORA I said that's just a position between the two. In other words, this is what I'm hearing. The variance request is provided for under 267B of New York State Town Law, not the actual variance request. That engages a balancing test with five factors under the State statute. The Town Code has zoning law which then must be at 25 feet from the property line and so on and so forth. The request is to vary the zoning law,that's what she's saying,Jerry. CHAIRMAN: Is that the way we should be taking it. MS. SELZER: You should be taking it any way you want to as long as you deny it, is my feeling,because on whatever basis you deny it. That's fine. You're the ones that make that determination. What I'm saying to you is this is not the kind of application that requires any kind of a variance or requires consideration because you have to look at the bigger picture and the bigger picture in this case, that you have a community that is not going to be able to; and it's not jus the immediate community,it's what you said. It's the people who are traveling to and from; it is just a bad idea. Somebody suggested the last time that if you build something like an office building or something that would be more in keeping with the residential aspect of this community, even though it's zoned industrial, we know what it's use is. And I think that would be helpful. So it's not as though you are preventing him from doing it or from doing anything. He can really build something else there and of course, he can always sell the property because he hasn't done anything as yet to really; I mean he's got no real stake in it at this point. And the people who have lived there for a long time certainly do. If you have any other questions,I'll stay. CHAIRMAN: Okay. Is there anybody else that would like to speak? I saw some hands before. Sir? Kindly state your name for the record? ROBERT FAGER: My name is Robert Fager and I live in Cutchogue. I heard this Board do a very commendable job discussing the variance applied for by the Laoudis relative to a fence. And I just kind of thought this is kind of an interesting parallel that this issue about a fence that's come up over and over again because some neighbors are going to have to look at a fence with earth tones and that's going to fade into the distance and fade into their view over a very short period of time. I have a sense that a 4,000 square foot building in my back yard is never going to fade into the picture of the way my back yard is. And the feeling if somebody tried to build a 4,000 square pool building in my backyard, it probably wouldn't happen. So I would encourage you to treat this variance with the same enthusiasm that you are treating the Laoudis application. And I just have one other question, and that would go to the gentleman who spoke before. What does a small amount of pool chemicals constitute? CHAIRMAN: We're going to ask that question. ROBERT FAGER: Chlorine and water. My pool guy tells me not to keep ten pounds of chlorine in my potting shed, so I would be concerned about that in the proximity of what really is a residential neighborhood. Thank you. CHAIRMAN: Mike,how are you tonight? Would you just state your name for the record? Page 6,October 3,2002 Transcript of Public Healing Zoning 13 aid of Appeals MIKE DOMINO: Mike Dominio,resident of Southold. I have the copy of the Cutchogue Industrial Area Planning Study requested by the Town Board and done by Nelson, Pope Voorhis, etc. I find this very interesting reading. But I have a question for you and it states on page 7, that LIO Zoning areas requires 120,000 square foot minimum lot to build. CHAIRMAN:That's for new construction. MIKE DOMINO: New construction. CHAIRMAN: Meaning new creations of sub-divisions. This is a pre-existing one. MIKE DOMINO: It's not in the LIO district. CHAIRMAN: But I'm just making a statement. Anything that we're doing is, would be to a specific standard of today,regardless of what district we were in. MIKE DOMINO: And LO is 40,000? CHAIRMAN: Correct. MIKE DOMINO: All right. On this report, according to this report, every move to take this property and make it industrial violates the 1985 Master Plan; it violates the 1999 County Road 48 land use; it violates traffic safety studies and I'm not going to read it to you, it's available but the summary of this recommends that the entire area go back to residential. Also the Anti-Bias Task Force has recommended that the Town Board consider a compromise, an RO compromise. My feeling is that both of those uses,Residential and RO are more appropriate for this particular property. I strongly urge you because of safety factors, the vision stated by the master plan, etc. that you not grant the variance to put a building of this size in what is essentially a residential community. One last thing,this area is designated as a Ground Water Management Zone 6, by the Suffolk County Health Department, and according to this, you have to take into consideration the type of property use, the zoning flow factors, the square area of the building,before you can grant a building of that size on a sub-standard lot such as this. I know that you are aware of that,but I just wanted to mention that factor too. Thank you very much. CHAIRMAN: Thank you. Anybody else, ma'am? Would you come up and use the microphone please? Would you state your name for the record? THERESA TAYLOR: My name is Theresa Taylor I live in Cutchogue. I think Mr.Domino made a very compelling case for adhering to the letter of the law; and he talked about the square footage and all of the things that go into making decisions in this regard. But I think the human factor is also very important.The law is created with the health and welfare of the human beings who create it, and I think that the human factor needs to be considered here. I would not want a chain link fence with green plastic slats as something that I would look out my window and see as my next-door neighbor. I wouldn't want a 28-foot right-of-way with speed bumps and crushed gravel or whatever they decide to do, so that we could accommodate heavy equipment. I live next to a little sort of dirt driveway,which is actually a Town Road. I would not like to see that made into a 28-foot paved road. I think the human factor is very important. I think the Board needs to consider that you're dealing with human beings who have been living there a long time, who don't need to see a 4,000 square foot warehouse or 2,000 square foot warehouse. They don't need to see a warehouse. They've been looking at a dump for a long time, and now that the dump is gone and the property is worth something more, perhaps Mr. McCarthy can arrange to do some kind of real estate transaction that will still be able to make a profit for them but will provide them with a view that is much less offensive to people who want to live a good human life. CHAIRMAN: Anybody else like to speak? Ma'am,in the back. Page 7,October 3,2002 Transcript of Public Hearing Zoning Board of Appeals MERLE LEVINE: I thank you for having the patience to listen to me because you know exactly where I'm coming from on this. BOARD SECRETARY KOWALSKI. I need your name please. MERLE LEVINE: Merle Levine in East Marion. BOARD SECRETARY KOWALSKI: Thank you. MERLE LEVINE: When I heard about the fence and the deer and the antlers last time, I had that same reaction. When I read in the Suffolk Times that there was concern about a large house being built in a white community and these people objecting, it seemed to me that the irony of being a small enclave historically living in a place because they started out there because they had no other place; living in a place that became a dump after they lived there; ignoring the fact that they were living there; the change in the zoning, ignoring the fact that people live in there. That whatever the advantages of putting a pool shed in the midst of that community lies in the face of whatever our sense of community is and our obligation to people who have been so badly treated for so many years to perpetuate that kind of treatment seems to me to be something that we would not want to be a part of. It doesn't do honor to us as Town,and it doesn't do honor to them as a people. CHAIRMAN: Yes ma'am? VALERIE SHELBY: I'm Valerie Shelby from Greenport. I just want to ask the Board a question. I've never been before a Zoning Board of Appeals before. But I heard you mention that you granted other variances for bigger buildings. CHAIRMAN: No,I said we granted variances for all kinds of buildings. VALERIE SHELBY: Big buildings. CHAIRMAN: No,not big,I mean buildings of this magnitude. VALERIE SHELBY: But not this big? MEMBER TORTORA: Not in this case,not as long as I've been on the Board and that's been since 1995. Not in an area that is on a street that is predominantly developed as residential. We've granted variances like the Riverhead Building Supply site up in Greenport. But that's commercially zoned; or Corrazini,there are no residences; Penny Lumber, there are no residences on that. This is different, every application is different. VALERIE SHELBY: Well I have two questions that I will try to put before you. One question is if you grant the different variances and they're commercial and you're going to grant something residential with chemicals,isn't that a little silly? CHAIRMAN: Well,it's a Light Industrial Zoned district. VALERIE SHELBY:But with chemicals. CHAIRMAN:We understand that. But VALERIE SHELBY: What's in place for spillage and things like that? CHAIRMAN: We would have to deal with that aspect. VALERIE SHELBY: And another question,you said you did it for potatoes. Potatoes can't hurt anybody. Page 8,October 3,2002 Tianscnpt of Public Hearing Zoning Board of Appeals CHAIRMAN: I just used that as an example ma'am. Yes, ma'am. I dust want to make one statement regarding that ma'am. That in the years that the farmers farmed with pesticide, there were far more chemicals in the barns in this Town with pesticides than there would be. (inaudible in the audience) CHAIRMAN: We understand that,and we didn't create that situation. Those were on residential property. MRS. : But you had an opportunity to avoid it. CHAIRMAN: You must understand one thing, that we are collecting data here for the sole purpose of making a decision, so we are not slating the data one way or another. We are stating right down the middle. So please be aware of that situation. Pardon me ma'am,I apologize. SIDNEY ABBOTT: Sidney Abbott, Southold. I would just like to tell a quick anecdote that might make some of this more real to people. I'm getting some little baby horses from horse rescue and I had to buy a pick-up truck. So I looked around and I found one, and it didn't work, I found another one it didn't work. Because I just wanted to pay$1,000. So I drove over, I saw something in the newspaper, I drove over to the South Fork and I looked at this pick-up truck that was owned by a pool company and the pick-up truck was driven for about three or four years to put chemicals in peoples swimming pools. I don't think I've ever gone in a swimming pool again, if you want to know the truth. Because I looked at the pick-up truck from the front, I drop it around, it looked pretty good and then I parked it in such a way that I walked away from it and I looked at the back of the pick-up truck. There was only half a back of the pick-up truck. The metal was eaten through from three or four years by these chemicals. I don't think a concrete slab,by the way I'm trained as an Urban Planner on the Land Use Plan, I don't think that a concrete slab,I don't think anything makes it worthwhile. The original 5,000 square feet I believe this Board has established is the size of a regional warehouse. It's now for Southold swimming pools, it's for the whole East End. I can just hardly speak. I think it's just about one of the most strange things I've ever heard. Thank you. CHAIRMAN: Yes ma'am. VIOLA CROSS: I'm Viola Cross. CHAIRMAN: You're getting a lot of press over this Mrs. Cross, we know you real well. That's not a sarcastic statement. We appreciate your coming. VIOLA CROSS: Well I'm one of the residents of that area. I know what they're,saying is true. I have lived there now almost 20 years and put a lot into that house. It might not be a palace,but it's home. When I have been very angry about the whole thing and I'm standing here,now and I'm not supposed to be, the doctor don't want me here; but everybody is saying everything and if I had those 600 petitions that were signed. It's just not 600 people that live behind the church. I voted because I am retired,I'm disabled and I can get up in the morning and see the birds,hear the birds singing,see the squirrels jumping from trees.It's a relaxing thing. Can you imagine not having,just having trucks rolling through there, I'm sitting on the porch and I have allergies? I bought it so I could relax in my old age. No, I'm not thinking of ever of selling or even moving, but I think that being a person of color and could not in the 60's, years, could not buy anywhere else but that one spot,the landfill that they call it now,the dump. It was,nobody was buying back there because of the dump,but now that we have street water and the landfill is being capped over,it's going to be beautiful, everybody wants in. Why should we move? Why can't we have some of the luxuries that other residents in Southold Town are having? It's just mind boggling, as you've seen in the papers I have said, and my doctor didn't want me to come. My family didn't want me to come,but I came because I live there and the people that are standing behind me,I want to thank them for,regardless of what happens, I'm not moving. CHAIRMAN: Thank you Mrs.Cross. Just state your name for the record sir? r Page 9,October 3,2002 Tianscript of Public Hearing Zoning Boaid of Appeals JOHN ROGERS. My name is John Rogers, resident of East Marion. This issue has created a lot of emotion in this community. And aside from the realities of the rules and regulations, I think a lot of heartache on the part of you people in the past is really required to bring equity into this situation. CHAIRMAN: Good evening how are you sir? LUCIUS WARE: Good evening, my name is Lucius Ware, president of the Eastern Long Island NAAC which includes both the North and the South Forks. In my estimation it is unbelievable that things have gone on as long as they have. The situation of that physical piece of property has for many years been a site of institutional racism and continues to be, as time goes on, now environmental racism. This is something that should not continue and with all due respect, certainly appreciate the patience and time and study that the various Boards are putting into this I happened to be holding a memo from the Town's Senior Environmental Planner who has serious concerns about this particular project and has asked the various bodies to be cognizant of their extreme concerns and the questions that they have which many of them have been broached tonight So, at this time, I certainly would fervently request that this application and all applications regarding a pool storage and work facility there be denied. Thank you. Can we have this particular letter be a part of the record,if it's not already included in the record? CHAIRMAN: I don't know what it is,but we'll take it. LUCIUS WARE: It is from Scott Hughes, Senior Environmental Planner for the Town of the Southold. CHAIRMAN:Thank you. I just want to tell you that I don't think you were at the first meeting we had,but after the first meeting I had spoken to several parishioners of the church and they had indicated to me,and I just want to bring that issue up again, that even thought he church is planning to build a new church some miles some down the road west, the elders of the church have no intentions of vacating this institution. I find that very, very interesting in the whole aspect of what we're dealing with here. And certainly be an issue that I will be wrestling with throughout the deliberations that we do for this. LUCIUS WARE: Yes,I am very well aware of that and glad that you are taking that into consideration. BOARD SECRETARY KOWALSKI: We do have the original on this; I don't want to take your last copy. Did you want this back? LUCIUS WARE: I'll take it back. BOARD SECRETARY KOWALSKI:Thank you very much,we have the original. CHAIRMAN: Is there anybody else that would like to speak? Yes ma'am? Could you state your name for the record? CAROLYN PEABODY: My name is Carolyn Peabody and I live in Orient Point. I'm also serve on the Anti-Bias Task Force in Southold and also I'm one of the Commissioners of Suffolk County Human Rights Commission. I'm also a professor at Stonybrook's School of Social Welfare. My area of specialty is and civil rights. And I have to say that having moved to Southold the last six years, I've really come to love it here and really love the people. But when this whole event began to unfold, and I began to understand it a little bit about the history of how people of color have been treated by the Town of Southold I am just startled,because it seems incongruous with the way I have come to see people of Southold. I had a very warm feeling about the people of Southold. So I think,one of the things that strike me is that there's a history that Merle Levine referred to and that Lucius Ware just referred to is a history that really represents a systematic disregard of human beings. As I teach,I teach about how it happens,not just in one area, not just in terms of housing or in terms of the environment it's really systematic. So when we're talking about what's happened to this community here on 48, we're also not dealing with the fact that they've also experienced the same kind of treatment in lots and lots of different ways in terms of the way they're treated when they go to stores, the way in which people employment opportunities have been impacted and constrained. They live their opportunities constrained. And I can provide you with ` 1 1 1 1 Page 10,October 3,2002 Transcript of Public Hearing Zoning Board of Appeals enormous amount of data to document real estate discrimination, all kinds of discrimination that has happened and happened right here. So I think what I want to say is that I believe that the Town of Southold has a duty, as we all do, to insure that all people that live in this Town are treated with equal respect and that we don't continue to disrespect and disregard human lives in a way that I think, unfortunately, our ancestors and even our near relatives have. So I would really urge you to take that into consideration that I really don't want to be part of a Town and I don't want us to be a part of the history that is so unbelievably repressible of human life.Thank you. CHAIRMAN: Is there anybody else that would like to speak? Mr.McCarthy? TOM MCCARTHY: I just took a few notes while the previous speakers were speaking. I gust wanted to perhaps offer two comments on some of them. Miss Seltzer I guess in her summary said really it's not the size of the building that matters. The Town was correct in the zoning of Light Industrial. I understand all of their concerns. Apparently, Miss Seltzer concern right now is access, and I don't know if there are any other properties in this particular neighborhood that will come up for other applications by other people who may chose to develop it in a Light Industrial fashion or a Residential fashion, but perhaps they'll be upon this Board,perhaps they won't be upon this Board. This property itself is unique because of its access by right-of-way and the other properties that are in the neighborhood may be similarly developed at some point in time, I don't know if the other owners all have access on either Route 48 or Tuthill Road. Yes on Tuthill Road;is not Tuthill Road the official name of the street,paper street because it was the old access to the dumps? (someone speaking—voice inaudible) TOM MCCARTHY: Yes, Tuthill Road is the next one to the west. Which is all similarly zoned Light Industrial. So all the properties there,I believe,I know, are zoned the same. So this application is unique in the fact that it's on a right-of-way and Miss Seltzer is saying that she does not necessarily, she said the issue wasn't the size of the building and the Town was correct in the zoning of Light Industrial because of it's proximity to the landfill. There's been a lot of things that have been going on in the paper that I haven't really commented on, I haven't written any letters to the paper, to the editor or offered any other public information out there,but I did go into the Town Clerk's office and saw a copy of a request for access to the records from Miss Cross and research in history of the zoning of this particular area. And I have to get a copy of the same piece of information. And Miss Cross is quite correct in the fact that her property had been zoned residential prior to. The subject property of this application does not change in its zoning classification back in 1989 according to the master plan update. Our property has at least since 1971 been zoned Light Industrial and the approximate dividing line of that was near the right-of-way in question. And I have some records from the Town Clerk's office that shows this I believe, Miss Cross was given this as well. So her property was the subject in the change in zone,ours was not. Ours had been Industrial at least until 1971, at least from 1971 and I would like to offer that as public record. In speaking to Mr.Domino's comments on his first impression that this property is Light Industrial Office, requiring 120,000 for clarification, it's Light Industrial requiring 40,000 square feet minimal lot size for the creation of the new lot unless you have one,as we do,that already has legal status. Their offer in compromise of perhaps going to an RO Zone, which they feel may be more appropriate to the area, which I've seen, I believe Merle Levine and Mr. Domino had that comment both at the Public Hearing and the newspaper. The RO zone has the same minimal lot size as the Light Industrial zone, also has a minimal lot size of 40,000 square feet. So, perhaps other variances would be necessary to improve this property in fashion of RO, just as is necessary for the Light Industrial. These corrective guess are management zone 6 in the Suffolk County Health Department and a Residential Office type zoning, if it were to be used for an office or professional would in fact, according to the Suffolk County Health Department requirements use more water and have more septic than the sanitary system in this particular according to their regulations. CHAIRMAN:Could we have another copy of that sometime? MEMBER TORTORA: This is very hard to read. I Page 11,October 3,2002 Transcript of Public Hearing Zoning Boaid of Appeals TOM MCCARTHY: That's exactly as I got it from the Town Clerk and actually that's going to go back into the record and pulled out the actual copy of the map and that was a photocopy directly from the Zoning Map. Those are the clarifications that I would make at this time. CHAIRMAN: Thank you MEMBER TORTORA: What is the height of the building? TOM MCCARTHY: The height is 18 feet eave and has a four pitch on it, sort of in the center of the building. It would be approximately 24 feet I believe. MEMBER TORTORA: 24 feet? TOM MCCARTHY. It's 18 feet at the gutter line. MEMBER TORTORA: To the ridge? TOM MCCARTHY: It's 18 feet at the gutter and then it has a four pitch. MEMBER TORTORA: Is that to grade? TOM MCCARTHY: That's correct. 35 feet is your maximum height in a Light Industrial district. MEMBER TORTORA: (inaudible) ti> TOM MCCARTHY: The accessory building will be 18. MEMBER TORTORA: Okay. T TOM MCCARTHY: Approximately half the size of what's allowable by Code. MEMBER TORTORA: Okay. There was another question I forgot it. Oh,I know what the question was, Mr. Chituk does not own the land,you haven't purchased it,and you're just a contract vendee at this point? TOM MCCARTHY: Correct. MEMBER TORTORA: Suppose the Board grants the variance for the building. It's possible the building could be used for other things? TOM MCCARTHY: Is it possible that it could be used for other things? It is no one's intention here to have it used for other things. Mr. Chituk is born and raised in this community, as I am, and he is been fortunate that he has worked hard and he has established his own pool company and he needs a place to operate. He is a young man, and I believe he intends on being in business for quite a while and running this business. That's the only intention that's ever been stated to me, and I know nothing else. The fact of the matter is there is very little Light Industrial land in the Town of Southold. The Town of Southold, when they purchased the property adjoining the dump to the west,I believe it was, an applied parcel for 17 acres it exacerbated that fact by the fact that they took 17 acres of inventory for Light Industrial property off of all that is available to persons who were looking to buy or sub-divide or have a place for the businesses and the Town has not replaced that 17 acres and of course,puts great pressures on the other parcels of land. MEMBER TORTORA: Thank you. Could I ask Mr. Chituk a question please? Something that has been troubling me for quite some time and I am going to resolve it. It is a large building and I want to know if you have thought about leasing out space in that building? GENE CHITUK:Absolutely not. Page 12,October 3,2002 Tianscript of Public Hearing Zoning Board of Appeals MEMBER TORTORA: I want to know if you would agree to a covenant and restriction that would run with the land? GENE CHITUK: Absolutely It's too small for me now. 20%smaller than I thought I wanted,but MEMBER TORTORA: That's all I have now. CHAIRMAN:Thank you. Mrs. Steltzer? REGINA STELTZER, ESQ.: In answer to your question, there's absolutely no way he could give you, legally, a guarantee that that property is not going to be used for anything else. When you get a covenant it will simply say that the land is going to be used for Industrial. The use of it,but they put a different kind of factory where they start making dog food, or whatever they do in it, is not something that he can guarantee. So even though his intentions may be very good, the reality of it is that you have no guarantee that a year after he purchases and sells it to somebody else that they don't use it for a different kind of use, which is legally permitted within that Industrial Zone. And there's quite a big list of things that you can use. MEMBER TORTORA: Plus there's no way that the Board, you're saying that you don't believe the Board could put any kind of. REGINA STELTZER, ESQ.: It's different when you have a house and you tell somebody you're going to covenant that you're not going to develop it further, see that's different. Then you can get that, because that's a covenant that runs with the land. But this is a use of a piece of property and the use is within the zoning and there's nothing,I mean,even though he has good intentions I don't question his intentions. MEMBER TORTORA: In other words if say for instance, if he went ahead and purchased, everything was granted and he purchased the property went ahead and built his pool warehouse and then for some unforeseen reason, some kind of catastrophe he had and he had to sell it or whatever,that would be the end of that and it could be any Industrial Use in the district? REGINA STELTZER,ESQ.: Right. MEMBER TORTORA. Okay, that's what I wanted to know. What was your opinion, I don't know. I will check with legal counsel. There's one other thing I did want to ask you. You adhered earlier on in the conversation that Industrial Buildings have to be on a dedicated road. REGINA STELTZER,ESQ.: Correct. MEMBER TORTORA: I'm familiar with the 280A. REGINA STELTZER,ESQ.: That's your own Code. CHAIRMAN:No that's New York State Code. REGINA STELTZER,ESQ.: Oh,it's New York State,okay. MEMBER TORTORA: I'm familiar with visions of 280A, but I would agree with the Chairman, I would really,really like you to talk to the Town Attorney about this,about your concerns. REGINA STELTZER,ESQ.: Fine,I will be glad to. MEMBER TORTORA:Either Greg Yakaboski,or Kathleen Murray. REGINA STELTZER,ESQ.: It's a long trip,but I'm always delighted to come. CHAIRMAN: I think you could do it on the telephone. Page 13,October 3,2002 Transcript of Public Hearing Zoning Boaid of Appeals REGINA STELTZER,ESQ.: No I think it would be better if we spoke in person and we could look at the law and discuss it,okay. MEMBER TORTORA Because we will talk to counsel about it, but I think it's important for you and the counsel to. REGINA STELTZER,ESQ.: I have no objections,I would be delighted to do that I'll call him on Monday and try to arrange a time that. But I would like to say just one last thing, and that is that I personally have, to quote you as saying, do not question this zoning And I am not asking you, because I know you do not have the authority to even if you wanted to change it. And my understanding is that the Town Board quite definitely they're not going to change it. Okay. So that is one aspect of it, but there's a other aspect of it, and that is that you do have the authority, you are the boss and the only authority to give variances. He is not entitled to this.This is not something that he supposed to get. This is a special kind,in giving somebody a variance, is giving them a benefit. You're giving them something special and you don't do that unless there's a really good strong reason for doing it. In this case every single person who has spoken up, and every single person who talked to you about this before has given you innumerable reasons to not give him the variances. And I have not heard one person continue,the person who is the contract vendee,give you a good reason as to why you should change the law and inconvenience, more than just inconvenience, the people who live there to give this person something he is not entitled to. He can get other property, not in the Town of Southold,perhaps adjacent to it. I am sure that this is not a unique piece of property and there is nothing unique about this. The only thing unique about it is, is that it's uniquely unsuited for the kind of proposal that he's making. So I hope you think about that and deny this. I think it would be the equitable thing to do,I think it's legally the right thing to do and it's also the thing to do for the community. So thank you. And I will call Mr.,the attorney.Thank you CHAIRMAN: Mr.Domino? MIKE DOMINIO: May I speak again? CHAIRMAN: Yes. MIKE DOMINO: I'm sorry if I did not conclude before,partly because I was nervous. CHAIRMAN: Don't worry about it. Pull that microphone up a little bit. MIKE DOMINIO: My question about the lot being LIO. I understood that it was new development sub- division. The point that I was trying to make then was that the Town is trying to play the head and to avoid problems on smaller, sub-standard lots, and that's the current thinking. My point was that this report is concise and clear and points out that development in this area, commercial development in this area, violates every other study, every principle that was sent down for safety of the general population, not just the people of this particular community. MEMBER TORTORA: Could we have a copy of that report? MIKE DOMINO: Absolutely. It's from the Town Clerk, it's there, it was paid for by the Town and it's available for everybody. This copy,I did mark it up. BOARD SECRETARY KOWALSKI: What's the name of the report? We just need the date and the name of it. MIKE DOMINO: Cutchogue Industrial Area Planning Study,dated August 26,2002. MEMBER TORTORA:If we could just get a copy,we can return that to you. Page 14,October 3,2002 Transcript of Public Hearing Zoning Board of Appeals MIKE DOMINO: In conclusion, this summary of this states that parcel sizes in this area range from 10,000 to 22,000 square feet and therefore do not meet individually minimal lot size required by zoning. Consolidation of properties is costly and potentially difficult. This will lead to a hodgepodge of development. Small lots, resulting in small uses on inadequate, with inadequate parking and buffering. Access for industrial use requires numerous driveways, which logistically make difficult for small to medium sized trucks and pre-conceived truck, vehicles of traffic onto County Road 48. There is an immediate land use conflict with the residential uses in the core area, and some, but not all industrial use has the potential to use greater amounts of water where, residential uses is more predictable. Again, I apologize for reading that to you, but the report itself is ten pages and is much more precise and it's logical and it clearly lays out that this should be a residential area. Thank you. CHAIRMAN: Let me dust say something to you, Mr. Domino. And I apologize to you, for your when you were discussing that and for being cavalier in stating that. I have to tell you that one of the unique parts of my being on this Board is that when you speak I'm not saying that it's not you, I know you. I don't know some of the other people that have spoken tonight. I'm putting myself in your place in that area and I'm trying to think of everything that you're doing. So the other stuff is meaningless other than what you are saying at that time. So I just quickly came back with a response to you at that point and I apologize for doing that. MIKE DOMINO: No offense taken. CHAIRMAN: I'll get you in one-second ma'am. Go ahead ma'am. Could you state your name for the record please? THERESA PRINGLE: I'm Theresa Pringle. This is my first time with the judicial system,but I'm here for Viola Cross, which is a good friend of mine, I know her since I was a baby. I can see everybody here. I don't know everything that is going on,but I feel that I'm this is my first time of ever owning a house. So I own a house. Now I'm looking at her all these years of living there, and now somebody is just going to put up something here, and expect for her not to say nothing. Like the way they've been getting treated, the way people think that that don't feel, we don't feel bad about it. We do. We suck it in. We don't say anything. We shut out mouth. She was there, and I can recall we used to go up there to the church and we used to have our little things. Oh,you were at the dump. And people used to laugh. How do you think we feel right now, when there's a big building there that going to have chemicals there? You have to put yourself in her shoes. Would you want it in your backyard? Do you live there? Can you live there?Where your building this house right now,can you live there? CHAIRMAN: You can't ask this. Everything you must state,you must state to the dais. THERESA PRINGLE: All right, well I'm stating this to you. Like you said, you're putting yourself in his shoes that just put that down. Step in Viola's shoes. And all the other people. Put yourself in my shoes. If you were black and went through all this stuff, all these years and now this, and she is a senior citizen. I look at that right there is like, I don't think I would want to be treated like that. I never got treated poorly by anybody but to see her, a senior citizen, I could take that, but her when she's sick. You have to put yourself in her shoes. But you have to think about that, all of you. Think about somebody else's hurt,how they feel. That's what I'm looking at, the hurt. And don't know how to explain yourself, after all the years of abuse. Thank you. SIDNEY ABBOTT: I think this came up at the prior hearing forgive me if I'm stating something again,but when I first found out about this situation the first thing I did,because of my training,was I drove the area. I didn't walk it,Reggie walked it,I drove it. And 1,it was a couple of months ago now,so I can't remember exactly all the names of the streets but if you face the church, if you're standing say in the middle of say Route 48 and you're facing the little church,I drove the road immediately to the east from Route 48 back to that farm road back there, on that corner is a big industrial building for rent, that meets all of the qualifications apparently to my eyes, and I'm not an architect or an engineer; a concrete slab, humungous amount of parking. It has some temporary tenants or maybe it's not for rent and that sign is old, but the sign appeared to be new and it was hanging right there on the street, after you passed the concrete r • Page 15,Octobei 3,2002 Transcript of Public Hearing Zoning Board of Appeals companies and you get to that corner and we cannot pretend this is a unique site. This bad site, that's a correct site. That's all I wanted to say. There are other sites available. CHAIRMAN: We don't want to restrict anybody but we would like to wrap this up and so we'll ask anybody is there is anything you would like to complete If not, I would like to close this the hearing and reserve decision. Please be aware that we have 62 days. We actually have more than 62 days to make a decision but we usually don't take 62 days, but we have a lot of discussion to go on here, a lot of deliberation. Two of our Board Members are not here tonight. They will wait until this; the transcript of this particular hearing is transcribed. And then they will read it and then we will make a decision. We are three weeks off just in that issue right there, two to three weeks. Please be aware of that. If its all right Mrs. Cross, could I come over and see you on Saturday? Are you available on Saturday morning? Are you available on Saturday morning Mrs. Cross? VIOLA CROSS-: No,I'm not. I have to go to the hospital. My daughter is on critical and CHAIRMAN: Oh, I'm sorry. I dust want to tell you, you may see me up and down the road Saturday morning, so I was ,lust going to stop by and say hello. Okay, I'll be up and down the road Saturday morning. We thank everybody for their courtesy and we thank everybody for their input. I'll make a motion closing the hearing,reserving decision until later. SEE MINUTES FOR RESOLUTION Y Fax Transmission to 298-3287 TO: Publication Office Attn: JoanAnn Times-Review Newspaper FROM: Southold Town Board of Appeals 765-1809 (fax 9064) DATE: July 29, 2002 SUBJ: Legal Notice (Publication for August 1s ) Please publish the enclosed the Legal Notice for publication on August 1St. Also, would you please confirm receipt of the attached by signing at the bottom of this sheet, and returning it by fax to us. This Legal Notice has also been forwarded by e-mail as an attached Word Doc for your convenience and use. Thank you. Received by Suffolk Times 7/ /02 Please return an initialed receipt of this request to us at 765-9064. Thank you. NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, AUGUST 22, 2002 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, AUGUST 22, 2002, at the time noted below (or as soon thereafter as may be possible): 8:20 pm Appl. No. 5084 - .640 CHURCH ST LLC. This is a request for Variances under Section 100-235A.1, 100-143A and 100-142, and New York Town Law Section 280-a, based on the Building Department's January 10, 2002 Notice of Disapproval, concerning a new building proposed in the Light-Industrial Zone District: (1) with a building frontage (width) greater than 60 ft. long, (2) at less than 70 feet from the rear lot line, (3) for a determination of minimum specifications for safe access by fire and emergency vehicles to this lot without frontage on a town street; and (4) with a setback of less than 100 feet from the right-of-way. Property Location: 640 Church La., Cutchogue; Parcel 96.-1-11.1. The Board of Appeals will hear all persons, or their representative, desiring to be heard at the hearing, or desiring to submit written statements before the conclusion of this hearing. This hearing will not start earlier than designated. Files are available for review at the Town Hall (between 8 and 3 p.m.) If you have questions, please do not hesitate to call (631) 765-1809. Dated July 29, 2002. SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 2ANSMISSION VERIFICATION REPORT TIME 07/2912002 16:55 DATE,TIME 07/29 16:54 FAX N0./NAME 2983287 DURATION 00:00:55 PAGE(S) 02 RESULT OK MODE STANDARD ECM Y 4`v' , ZONING BOARD OF APPEALS p TOWN OF SOUTHOLD:NEW YORK --------------------------------------------------------x In the Matter of the Application of AFFIDAVIT 0 'St. OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- - - COUNTY OF SUFFOLK) STATE OF NEW YORK) vy�le�t >r-h� residing at Iq s C$ l�sn�oruS k&,'V�q New York, being duly sworn, depose and say that: On the / � day ofdat , 200? I personally placed the Town's official Poster, with the e 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"edce fors ven days prior to the date of the subject hearing datetow wn to be ( ign Sworn to before me this day of A'LL C-7 , 2002.. , Ruth Love Notary Public State of New York No. 01 L06054063 fi Qualified In Suffolk County (Notary Public) Commission Expires March b,20�� *near the entrance or driveway entrance of my property, as the area most visible to passersby. M Irl -a Postage M Certified Feeru .3 Postmark Return Receipt Fee o rU (Endorsement Required) e/1M®[ a M Restricted Delivery Fee E:3 (Endorsement Required) A, q pp`n! 0 Total Postage&Fees N –� Sent To a /! ------- �_:_ P#eL a_- ----------—/— Street, IP C3 C3 ---- --------------------------------------------- IT "N idx .l] Postage O Certified Fee fU Postmark Return Receipt Fee °Z®OZere IFIJI (Endorsement Required) rq O Restricted Delivery Fee r3 (Endorsement Required) M Total Postage&Fees IL ^3 Sent To -c aAl M Street,Ap o,or P ox o. ZIP -- ----- ----------- ---------------------- O City,St Ln j Postage r-9 M Certified Fee P r al ru sM Return Receipt Fee Here rU (Endorsement Required) rq �00 C3 Restricted DeliveryFee AUG 0 9 2002 r3 (Endorsement Requ,red) Total Postage&Fees Sent ToIStrej ------------------------------------ ;r PC -P- ;r 0 0 M3 ---t -- - --------------------------------------- E:731 City,S I,- ;t 4r—&C1, PS Form 380d,may k00- See Reverse for Instr N -0 Postage $ rl E:3 Certified Fee X7.1 �s laostmark Return Receipt Fee t' o��/ a FU (Endorsement Regwred) 47 Iq O Restricted Delivery Fee p (Endorsement Required) 9 2002 Total Postage&Fees $ —El Sent To V-9 Oe Street,Apt No,or � Cify Sta e, P+4 / �`` p=-I, • r� LO Ln , SOUTHOI 1, NY j 1971 _n Postage $ 4.83 UNIT �.jf' M Certified Fee ru ;) Posr� M (Endorsement Receipt Fee / •V Here Reqwred) ' r-I 1--3 Restricted Delivery Fee OC&9MO2 p (Endorsement Required) C3 Total Postage&Fees $ 4.88 —� Seng-,— O ----� --- - - ----- _ M Street,Apt No,or PO o O 0Cit I +4 ------------------------------ :11 111 - l PLF u7 Er _ ul Postage Certified Fee G ® Postmark r-9 Return Receipt Fee 2 � (Endorsement Required) M Restricted Delivery Fee M (Endorsement Required) Total Postage$FeesIq $ � , Iq Sent To 1`Is_ /� cv ---------------------------- p Street, t No,or P o ------------------------------ City, ZIP 4 a WI tl ier- ct3 43 LrI -0 Postage C3 Certified Fee ru stmark ru Return Receipt Fee Here r-I (Endorsement Required) 2002 M Restricted Delivery Fee C3 (Endorsement Required) M Total Postage&Fees -M Sent T ----------------------- M Street,ApJl ox No jf 0 _j�-No nZ M �Se. L—kalr,6-44, C3 t +4 -,-Ila la---- O City ZONING BOARD OF APPEALS TOWN OF SOUTHOLD_NEW YORK -------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF (Name of Applicants) MAILINGS CTM Parcel #1000- ---------------------------------------x 1000------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, 1 homa5 M02 &4_114111 residing at. ILISD I o -5v�+fno[d_ , New York, being duly sworn, depose and say that: On the q 741 day of , 2001-, l personally mailed at the United States Post Office in IA , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown,9fi the current assessment roll verified from the official records on file with the (VI Assessors, or ( ) County Real Property Office for every property which abuts and is across a public ivate tr t, r vehicular right-of- way of record, surrounding the applicant' p rty. l (Si _._morn to before me this Ruth Love , 200 NotaryNState of Ne ob0ric 1 06054063w York • Oualified in Suffolk county Commission Expires March 5,20 0 L (Notary Public) PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. J 1000 -IC)a.(,-oC>-O) -OC) --o0'6--oob , boo -q In - !V l u to_ d 05 5 oc;>o - q,l91,1,e t, �3r�Luri ,-Doo q UO'd5c 10 uvt C )w)_r1) .G"At �'dGS1J:}..i}f�::�I�Ji✓s71 �� ?I:l�:.r!f� _ • n SENDER: COMPLETE THIS SECTION Kole ■ Complete items 1,2,and 3.Also complete A. R eroed by(Pleasgermf Clearly) a of D very item 4 if Restricted Delivery is desired. ` L� ■ Print your name and address on the reverse C SMare so that we can return the card to you. ❑Agent ■ Attach this card to the back of the mailpiece, X or on the front if space permits. ❑Addressee D. Is de a address afferent from dem 1? El Yes 1. Article Addressed to. If YE , nter delivery address below: ❑ No �S• �den �2d��✓ 27y //7,3,5' 3. Sery ype [DICertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O D 4 Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copyfrom service label) PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS - Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • MCCARTHY MANAGEMENT,INM 46520 County Road 48 Southold, NY 11971 (516) 765-5815 i:„i 1,„i 11,i„I„,i,,,l i,i,i,i i,,,►i„i i i,,,,,i,i�i,:,i I:„i SENDER: COMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete A. Received y(Please nt Clearly) B. Date of D very item 4 if'Restricted Delivery is desired. Q —_720 ■ Print your name and address on the reverse C. sign e so that we can return the card to you. El Agent ■ Attach this card to the back of the mailpiece, X g or on the liv front if space permits. Addressee eery add, different from item 1? 1. Article Addressed to: If YES,enter delivery address below: ❑ No r f 3. ice Type . QGC �rc/�•(// y C rtified Mail El Express Mail / Registered ❑ Return Receipt for Merchandise ❑Insured Mad ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Artic a Nu�m�berr((C�opy from service labeq ML PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box •, McCARTI-IY MANAGEMENT,INC. 46520 County Road 48 Southold, NY 11971 (516) 765-5815 I}lili1111Ili iIfIIIIIfIIIli ifIIIIIIIIIIIIII IiIIIIIHifIIIIIIII 1:11\USC • • •1�•Z7>ilJ>! #I:/L•Y.9X•]1L•ldL•L�L] Alr/;f:v ■ Complete items 1,2,and 3.Also complete , 'A. Received by(Please Print Clearly) B. Date of Delivery item-4 if Restricted Delivery is desired. ■ Print your name and address on the reverse C S� C L so that we can return the card to you. g ■ Attach this card to the back of the ma!Ipiece, X ❑Agent or on the front if space permits. - ❑Addressee D Is delivery address diff rent from item 1? 11 Yes 1. Article Addressed to: If YES,enter delivery address below. KNo � o .0 All / iY //9 E✓ 3 Se7,wqType b2Certified Mad ❑ Express Mad ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mad ❑C O D 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy;from service label) ; I 7L%LJf J yy��pp���� PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 UNITED STATES POSTAL SERVICES 1\1 D First_CJass=Mail � � P6sfage&Fees Pa"�Ci P 1%,l �,, -uSPs me -Permit No G' • Sender: Please print%ItOri draddress, arrd ZiP+44n-this"tioz 1j— 4v County Road 49 sou6ncid, NY 11971 516)765-5915 _ �-- • `s °ss` + i lit t!It •ER: COMPLETE THIS SECTION <K•L619��I�:a(Y.Y3•ir[•7JL•]��I]�>!Ir/�:�' ■ Complete items 1,2,and 3.Also complete A. Rec ived by(PI e Pnnt Clearly) B D of Delivery item 4 if Restricted Delivery is desired. Z L ■ Print your name and address on the reverse ign�� so that we can return the card to you. 13 Agent ■ Attach this card to the back of the mailplece, or on the front if space permits. ❑Addressee D. I delroe add' rent frdem 1? 1:1Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No H5 P. 0 - 66Y- 10 4-2, Y wile. 3. ice Type/JV/J / ertified Mail 11 Express Mail / ❑Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label) PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • McCAF3THV MANAGEMENT,INC. 46520 County Road 48 Southold, NY 11971,,,,-- (516) 1971/(516)765-5815 i.��►l,.Allisi�:1,a,f>1,ii,liiflita„i<<illIIIIIi,HIM ill Ill SENDER: COMPLETE THIS . .r.��►tx��rrri��yx.�rr.�.�rl�ix�vrarer ■ Complete items 1,2,and 3.Also complete A ec ived by Please Print Clearly) BA)-7, e of nlivery item 4 if Restricted Delivery is desired. YV ['Y ■ Print your name and address on the reverse so that we can return the card to you. C. Sign ure ■ Attach this card to the back of the mailpiece, ❑Agent or on the front if space permits. 1A 111W ❑Addressee D. Is livery ress i ere ite 1? 1:1 Yes 1. Article Addressed to: If ES,ante delivery address below: ❑ No 3. S rvice Type FO Mail 1:1 Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy fprom service label) PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • McCARTHY MANAGEMENTS INC. 46520 County Road 48 Southold, IVY 11971 (516) 765-5815 _ . p • . Icrma� r.Pceru.:141FMW ■ Complete items 1,2,and 3.Also complete A. Received by(Please Pnnt Clearly) I B. Data of Delivery item 4 if Restricted Delivery is desired. / tl$� O LU, Qv ■ Print your name and address on the reverse so that we can return the card to you. C. Signature " ■ Attach this card to the back of the mailpiece, X ❑Agent or on the front if space permits. ❑Addressee D. Is delivery d re drfferent from item 1? 13 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No // �q 3. ce Type �Certified Mail 11 Express Mail 103Registered 13Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label), PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • McCARTHY MANAGEMENT,INM 46520 County Road 48 Southold, NY 11971 (516) 765-5815 It 111IU 1 fill if I III 1 llll 1111 1 1 1 fit f l l 11 l fill l 111 If 111111111111 SENDER: COMPLETE THIS SECTION ARYAW ■ Complete items 1,2,and 3.Also complete A Received by(Please Print Clearly) B. to of Delivery item 4 if Restricted Delivery is desired. /�d2— ■ Print your name and address on the reverse so that we can return the card to you. ign lure ■ Attach this card to the back of the mailpiece, ❑Agent or on the front if space permits. ct— ❑Addressee D. Is delivery address different from item 17 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No /Sa ( � �a�e C\TC�0b01�9 NO • � 113-r &A�a (t(f '/y Pq 3. Fertified ice Type/ Mail ❑ Express Mail egistered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label) PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 UNITED STATES POSTAL SERVICE First-Class Mad Postage&Fees Paid USPS Permit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • MOCARTHY MANAGEMENT,INC. 46520 County Road 48 Southold, NY 11971 (516)765-5815 s = •r";;.�_I..�•«_;,�._= �,,,��,,,�'�{,T�,I,,,�,�,�Is„l�� ��,,,1,,,ld,I,i,PF,:„!„Itt,,,t,l„t,l,,,i,l,i' t ' ,r OFFICE OF ZONING BOARD OF APPEALS" 53095 Main Road Southold, NY 11971 Email: Linda.Kowalski a,Town.Southold.ny.us or Paula.Quintieria. Town.Southold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-1823 (alt. 9064) FAX TRANSMISSION FAX# ��v��' 6-&P4, C ATTN: JDATE: 7/ 1 /2002 REF: 617-10 �'./� zap ,5,14, MESSAGE: 4/6�-� Please feel free to call if you did not receive all sheets. Town Hall hours are between 8 and 4. Thank you. Pages to follow: �. OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Email: Linda.Kowalski@Town.Southold.ny.us or Paula.Quintieri@Town.Southold.ny.us (631) 765-1809 fax (631) 765-1823 July 23, 2002 Re: Chapter 58 — Public Notice for Thursday, August 22, 2002 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) Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be now mailed with a map or sketch showing the construction area or variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with the above sketch or survey showing the new construction area, or details of your request, by Saturday, August 9th to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. 2) When picking up the.sign, a $15 check will be requested for each poster (or metal stand if needed) as a deposit. Please post the Town's official poster/sign no later than Thursday, August 15th. Securely place the sign on your property facing the street, no 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 available for the additional front yard.) The sign(s) must remain in place for at least seven (7) days, and should remain posted through the day of the hearing. If you need a replacement poster board, please contact us. 3) By August 17th, please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. The original Affidavit is due not later than the date of the hearing. , Also, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the hearing, if possible. If any signature card is not returned, please advise the Board at the hearing. These will be kept in the permanent record as proof of all Notices. 4) By August 22"d after the signs have been in place for seven (7) days, please submit your signed Affidavit of Posting to our office. If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures Zoning Appeals Board and Staff P.S. Please pick up the poster sign between August 5th and 12th between 8-12, or 1:30-3. Thank you. APPEALS BOARD MEMBERS O%VFFSouthold Town O(�C �. OG'y 1 53095 Main Road Gerard P. Goehringer, Chairman Lydia A.Tortora y Z P.O. Box 1179 George Horning � • Southold,New York 11971-0959 Ruth D. Oliva �' ®� ZBA Fax(631)765-9064 Vincent Orlando ��l �� Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD TOWN MEMO TO: ' Mr. Bennett Orlowski, Jr., Chairman, Planning Board FROM: Jerry Goehringer, Chairman, Zoning Appeals Board DATE: July 24, 2002 SUBJ: Request for Planning Board Coordination Reply The following map reviews are pending before the Zoning Board of Appeals, and calendared for a public hearing and possible decision on August 22, 2002: A. Referral(s) under Site Plan Provisions: Appl. No. 5149 - New Suffolk Shipyard Project Description: Two boat rack structures Location of Property-:_ =5-NemSuffolk Road, New Suffolk 117-5-29.1 r . 5084 - 640 Church St. LLC/Chituk Pools escription: Pool Company with Indoor Stora le of Property: 640 Church Lane, Cutchogue 10 Zone. Would you please forward commenfs or suggestions on the building layout or site issues that may be of concern to the Planning Board under the site plan or subdivision jurisdiction reviews. By way of a copy of this letter, we are also asking the applicants to contact your Department (765-1938) to determine if original maps, an application, or other documentation may be necessary for your department to commence this preliminary review. Please feel free to review the official ZBA file at anytime that is convenient for your staff. Thank you. cc: New Suffolk Shipyard c/o Patricia C. Moore, Esq. 640 Church St. LLC c/o McCarthy Management, Inc. PLANNING BOARD MEMBEF,,,_� ® �® BENNETT ORLOWSKI,JR. P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 Southold, New York 11971-0959 WILLIAM J.CREMERS KENNETH L.EDWARDS V Telephone (631) 765-1938 � GEORGE RITCHIE LATHAM,JR. Fax(631) 765-3136 RICHARD CAGGIANO \ � J PLANNING BOARD OFFICE TOWN OF SOUTHOLD �-- MAY Memorandum To: Gerard P. Goehringer, Chairman, Zoning Board of Appeals From: Valerie Scopaz, AICP, Town Planner ,�� Re: 640 Church Street Application No. 5084 Date: May 2, 2002 On Tuesday, April 30th, Thomas McCarthy submitted a verbal request for Planning Board input on the above-noted case. He was informed that his request was to be submitted in writing. Since the applicant has not submitted a site plan application, I am requesting a copy of all submissions by the applicant to the ZBA files. Upon receipt of Mr. McCarthy's letter, I will put this item on the Planning Board work session for discussion. Cc: Bennett Orlowski, Jr., Chairman r OFFICE OF -JNING BOARD OFAPPEALS 53095 Main Road Southold, NY 11971 Email: Linda.KowalskigTown.Southold.ny.us or Paula.Ouintieri(d,)Town.Southold.nv.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-9064 FAX TRANSMISSION FAX# 1 l G :-2 ATTN: NYU DATE: /2002 REF: MESSAGE: 0� &L , Please feel free to call if you did not receive all sheets. Town Hall hours are between 8 and 4. Thank you. Pages to follow: / . RANSMISSION VERIFICATION REPORT•, TIME 05/0212002 15:08 DATE DIME 05102 15:07 FAX NO./NAME 7655816 DURATION 00: 00: 45 PAGE(S) 02 RESULT OK MODE STANDARD ECM GkL'NQ.TIC)E; 1,�IVo1TGEiOF-IPUBI:IC�IE�1 � vl T)EIOIi) U ?�1,GSt _;;;xtsa4U: .t,= y; �rort Bow oil, STATE OF NEW YORK) �j'`Y' _; ;l:`' `:APpEA ' "3-:-.; `- of Disapproval:.Apphcaiit is pioposii�g> r"'i:1'HU DAY APRLY.18'002;`-: "to constr}ict,additionsand_alterattons:fo- COU F UFFOL =`YNOTICEiISI;EBY GLLrEN;pur= dwelling-whichwilPlie less than 50`feet n �,��-,r/ ,r�.�/ cQ�i�.. of Mattituck, in said ^suant-,ta Spg0pn 7,tof t e' o,wn,Law from:"the=froq property,line,,at 375 �'and"Cfiapte'r-x100(loping);.Code of the `VJampuit Way;Southold;-°Paicel 1000 Towtjof Soot$old;fhe following appli= "91-12--37'and'38'(combined as one lot). county, being duly swom, says that he/she is Principal Dations will be'°' Beard; by;;the 7100 p.niyA'pp1.;No.5091-ROBERT- clerk of THE SUFFOLK TIMES,a weekly newspaper,pub - SOUTHOLD TOWN BO'ARb-`OF-' :'S:11 1'% Thissisa lished at Mattituck, in the Town of Southold, County Of APPI?AL$'.at'the Town.hl01-53095 ' "request"fof,�,Variance unoer,Section Main Road;Southold;New Yolk 11971, -100''-33,`Y bksed' 'on_ life .Building. Suffolk and State of New York,and that the Notice of which on THLJRSDAY;:API2IL 18 2002;at=tile Ijepartmetit's'Febin ary,4,'2002 Ndtice the annexed is a printed copy, has been regularly pub- > elow(oi`as soontiteieafter of pisappr'oyal. A licants'`� ` ;; pp _propose a aspossilile)}; z,= _-_;'�` ` "" " r'' lished in said Newspaper once each week new,aecessory gazage as a replacement Appl:'M, 045,,,- LOYD with'enlar etnent afless`than ten',feet }KWCi,TRUST,-;'"from from`tlie closest fot,line;`at 62615 Noith for weeks SUCCeSSIVeI , commencing `o0z ea ar-as 6 � , the day sit'ary' Hearing?Cal d- ,Road'Greenport;'P,arceL 10QD 40 1-8: On ;requested tiq apPlicant) f; =`7:05-pin:"A ppl:'No:`5092;!'R.AND //�� iAppl.No;'5082 ,PAU j;':ARNOI.D`_ This`is a request fora Of /1.�'���- 2U6a�� AHLBIiS:.°rThi's 4is uest�foi a -Variance-;und"er-Section'"100`-239:41), ;Varanceunder=affection 10031nd tiased on'�tHe'`Builditig:;.Ingpector,''s, "100=30A.4;r"based>oA,!the;Building =•,"January;l4,2002,No'ticebfbfsappro"vat 17apaitiiteots3artuaty'4,2002+Noticebf *'Applicant'<isliiioposing''to constritct'a rincipal Cleric Disapproval;T9 arding=applicant s,-plan rear deck addition;witti'a'setbackatless' to.Yocate cessory storage;fiuil'tling ttian�75 feetfioina,wood retaining wall, with'a'setback sYless thati'f`ve feet-from -at-2105-Bay Shore Road, - - Greenport; Sworn to befo a me this the:piopetty,litiey `.,, ",,,:',.'r.:. a ; Panel11000534°1'3.'^ ' r S:SS;p.tit:,Apel;No:.5083-Af�1TIiO- ' 7;10,g:m. ;Apel:No.5093-EDGE- day Of 2Q�� NY,CADRNE4., This-`is'a,request or WATER_ , This is-a,request for a - Yarisiice ugdiiraSection`500 242 , `"" `"'`" � ,-,�, , a Aand:' ',Yanattce.undet=Sections``100v �l .t00'2441)'' aced'op _tile.' :; 231 'and"" � ;;t1' Building, ;, 100 3,1C.aB,`,biised ofi the,Building•;_ /LAUR�AE. BONDARCHUK De s',,.,Januar 25,>-;2,002'.-• Departments Amended Febcu 27'- AineiidedNotic of '=" NotaryPublic, New York e Disapproval regaid�:'I"6152_ !ice of,Disapproval:=' C, State Of li6ant'S'6iiildiii mill a "lits- Applicant$`,; No 01 806067958 1' P =s'>. ro oar s: 1 after-d " t''° 7 ,Ing, 1?. °p P :(,):' arkli tion ro-;,�. ,mtioil-foF tlteastbiiilt'.'Iocaiioit'o ` g g`' p" Qualified in Suffolk Count ° f di-^•t,liibited.Huse„firria'proposed,-accessory Y tions)%alterat184'a`t”' 66'kedar,$eacti' v -• My Commission Expires DBC.24�2Q®� a' t °',.„pn ate teitni[C'dburt structure,--0d;(2),, P Road, Sbuihold''Parcel 1000 93;f=6 2 ="'tennis''couii fencing over the,1►eigfit lim The ret,Oiis stated,in the NQticewof; itation-of the.c e'for an acces"sory°pri= ;sDisapprovalthat,the `-'ass built' rvate term's' dwellin i t court:Location gfpropeity: „ � g_ lens than:15.=feet andx2U;fee. Itodte,48'a!k/a=Middle Rb tGreeitpoit; oiiiti s;de:ya<as,_aridlias;'axto-a side �''' ' yard of less-,.than 351eet,and'ihe:prol;`=_ 7c25;Sp.in:";AppL No. 5094-DON; r' po"sed-;addition/alteiati6i�nciei6s=the,:,, ALD-BUSKARD,Ahls,is arequest_for�' ` degree,of non-confoimanF f` ,-,—�: '` ` ,;a =, .-'= J a,Vanatice_under-Section 100 33 based. " .6,00.p.m,.�-Appl..-No._,5' = 640, con-theil3uildin CHURCH,'ST�L LC: This s} ; g fr!spec'tor's.February',l i"'T. a. ;3 a_,a.,?eyuest. ,; 2g02,Notico.of Diapprov'al,regarding.-, for aariatce-uiidec�lSectign�;lr. ?,tlte location of`sa•proposed``=accessory” •_'. 143:Anaiid i"'2'42bas'ed"on 'the; '"�swimmin ool st ructure, at.;'2705 B6ilding.`;pepaitment's'17aniary:.``10; •z}•Gillette'Dri,e;,,East IvIarion;` Parcel ` .2002:Noticd of Dli4pproval. Appjicant 1000-38-3-21:1:'; r is-proposing_to,const; ciatiew ,buildinga m.`-A 6 096-GU p•,- r ppl. No.';5 S:` located',.iti"the Light,;liid_ustrialF.Zotie, :s'MARFREALTY;fttis is"a request fora ' Dis�itct, with' a-bgil'dn' fionta e. y i width 8 8 - - ariaiic@under,Sectiony1d0144B`baseds;, ).$resie`r'than-60,�ff.;lol►g," �;at'r' ih x,.:.,f h=-v 4«_•t rs:s;on e;l3uddirigjDep' Febru less than 74:feet-fr`otn.ttie rear ,Property.x 7,a 2002.Ngtice_of3Di apProval;fo'r`the' line; at'64(1 Church"Lane;-'Cutchogue location of a new dwelling at less than, j 6-1-11.1. 40 feet from both front property lines,at rooms,as owner-resident occupying this P.O.Box 117 6:15 p.m. APel.No. 5085 -JOHN 380 Marina Lane,East Marion; Parcel dwelling._ Southold,NY 11971-0959 and CYNTHIA KISTMER. This is a 1000-35-8-5.14. 8:05,p.m. Appl.No.5068-CHRIS`_ 22724TA4 request for a Variance under Section 7:40 p.m. Appl.No.5097-J.AND TINE AND GLENN DAWSON, 100-33, based on the .Building C.SLECKMAN. This is a request for a regarding a request for a Certificate of Department's November 20, '2001 Variance under Section 100-242A and Occupancy for two single-family resi- Notice of Disapproval regarding appli- 100-244B, based on the Building dential structures located at 150 cant's"as built"location of an accesso- Inspector's January 28,2002 Notice•of Broadwaters Road, Cutchogue; Parcel ry storage building in an area'other than Disapproval regarding the reconstruc- 1000'104-10-8. Applicants:(1)request the required rear yard, at 300 Holden tion of the dwelling with addition(s). an Interpretation of Section 100-241G Avenue,Mattituck; Parcel 1000-110-2- The proposed construction with addi-- and 100-242A of the-Zoning Code;and 9• tion is"as built"at less than 10 feet on (2)Appeal for a Variance or other relief, 6:25 p.m. Appl. No. 5086-JOHN one side yard and less than the mini- regarding the Building Department's AND KATHLEEN AHEARN. This is a murn 25 feet total for both sides,at 150 Notice of Disapproval dated December request for a Variance under Sections Oak Avenue,Southold; Parcel 1000-77- 14, 2001, which states that an 100-242A and 100-244B,based on the 2-5, - Accessory, nonconforming cottage is Building Department's January 14, 7:50'p.m. Appl. No. 5121 -CUS- non-habitable based upon the Building 2002 Notice of Disapproval. Applicants TOM DESIGNER HOMES,INC. This Inspector's Housing Code -Inspection have requested a building permit'for is a request for a Variance under Section Report of 4/13/00 and pursuant to construction of,a rear deck addition 100-32 based on the Building Article XXIV,Section 100-241 G,which which does"not_meet the side yard DepaitmenCs March 4,2002 Notice of states: - requirement of 10 feet on one side and Disapproval, regarding the "as built" Whenever a nonconforming use of a 15 feet on the other side, and which location of a proposed new dwelling,at building or premises has been diseontin- exceeds the 20 percent lot coverage lim- less than 50 feet from a front property ued for a period of more than two(2) itation of the code. Location of line facing a right-ofway,at 4700 Main years or has been changed to a higher Property: 480 Dawn Drive,Greenport; Road,Greenport; Parcel 1000-35-5-5:1, classification or to a conforming use, 1000-35-5-13. 7:55 p.m.Appl.No.5129-ARLENE anything in this'Article to the contrary 6:35 p.m. APel. No. 5087-JOAN YOUNGMAN. This is a request,for a notwithstanding,the nonconforming use WOOD. This is a request for a Variance Variance under Section 100-33C,based to such building ed premises shall no c under Section 100-244B based on the on the Building Department's February longer be permitted unless a variance therefor s Building Department's December '20, 22, 2002 Notice of Disapproval, hall have been granted by the 2001 Notice of Disapproval. Applicant requesting "relief from the setbacks Board p.m. is proposing to construct additions/alter- restricted under ZBA Appeal No.5013 8'35 p'm. Apel.No.<andations to a nonconforming accessory dated October 25,2001,for an accesso- THEOD S. building with 'a total lot coverage ry gazage building. The"as built"iota- (Continuation from 2 exceeding the code limitation of 20 r- tion of the ars a buildin Hearings Calen or ar- Pe garage g is less than mation fr pplicant.) cent. Location of Property: 8910 10 feet from the Side property line and Peconic Bay Boulevard,Laurel; Parcel less than 20 feet from the front property Board of Appeals will hear all 126-5-5. P y persons,or their representative,desiring line, r its closest points. Location of to be heard at each hearing,•or desiring 6:45 p:m. Apel.No.5089-GARY - Property: 1010 Salt Marsh Lane, to submit written statements before the AND JOANNA CAMPO. This is a Peconic;.Parcel 1000-68-3-6. conclusion of the hearing. Each,hearing requestt for a Variance under Section 8:00 p.m.Appl.No.5075-DIANNE will not start earlier,than the time de-sig- 100-244B, based on the Building DANEK. This is a request for a Special nated above. Filer are available for Department's January 31,2002 Notice Exception permit,under Zonin of Dg Code review during-regular-regularTown Hall busi- isapproval. Applicant is proposing Section 100-31B-14,to establish a Bed ness days(8-3 p.m.). If you have ques- to construct an addition at less than 35 and Breakfast Use as an accessory to the tions,please do not hesitate to call(63 1) V feet from the rear property line,'at 650 applicant-owner's single-family 765-1809. Three Waters >ane, Orient; 'Parcel dwelling use at 290 Private Road 432, Dated: March 29,2002. 1000-15-6-24• aisn referrers to Ac (:rnat Pnni w_ i"n An,.n r.i..n........... . r *f FOR OFFICIAL USE ONLY CHECKLIST FOR NEW PROJECTS LABEL APPL#&0 ASSESSORS CARD (7 COPIES) NAME Q ,iZa,r4, , ZZe ✓ CTY. TAX MAP (7 COPIES + 1) CTM# -//, INDEX CARD (ATTACH OLD) TOWN LIST ALPHA BOOK RESEARCH ALPHA COPY PRIORS 1 SIX COPIES INSPECTION PACKETS COMPLETE REF: UPDATED NEW INFORMATION A) o z72P. 9 �1 1 OFFICE OF ZONING BOARD OF APPEALS �-� 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Email: Linda.Kowalski(a Town.Southold.ny.us or Paula.guintieri Town.Southold.n .us (631) 765-1809 fax (631) 765-9064 April 3, 2002 Re: Chapter 58-Pub�otice for Thursday, April 18, 2002 Hearing Dear r- am: 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. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be now mailed with a map or sketch showing the construction area or variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with the above sketch or survey showing the new construction area, or details of your request, by Wedneday, April 10th, to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. When picking up the sign, a $15 check will be requested for each metal stand as a deposit (if needed). There is no cost for a poster without a stand. Please post the Town's official posterlsion no later than April 11th. Securely place the sign on your property facing the street, no 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 available for the additional front yard.) The sign(s) must remain in place for at least seven (7) days, and should remain posted through the day of the hearing. If you need a replacement sign, please contact us. By April 16th, please either fax or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. The original Affidavit is due not later than the date of the hearing. Also, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the hearing, if possible. If any signature card is not returned, please advise the Board at the hearing. These will be kept in the permanent record as proof of all Notices. By April 18th, and after the signs have been in place for seven (7) days, please submit your signed Affidavit of Posting to our office. A copy may be faxed to us, with the original furnished during the hearing. If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation Very truly yours, Enclosures Zoning Appeals Board and Staff P.S. Please pick up the poster sign between Monday and Wednesday, April 9th-11th between 8-12, or 1:30-4. Thank you. NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, APRIL 18, 2002 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, APRIL 18, 2002, at the time noted below (or as soon thereafter as possible): 6:00 p.m. Appl. No. 5084— 640 CHURCH ST, LLC. This is a request for a Variance under Sections 100-143.A and 100-142, based on the Building Department's January 10, 2002 Notice of Disapproval. Applicant is proposing to construct a new building located in the Light-Industrial Zone District, with a building frontage (width) greater than 60 ft. long, and at less than 70 feet from the rear property line, at 640 Church Lane, Cutchogue, NY; Parcel 1000-96-1-11.1. The Board of Appeals will hear all persons, or their representative, desiring to be heard at the hearing, or desiring to submit written statements before the conclusion of this hearing. This hearing will not start earlier than designated. Files are available for review during regular Town Hall business days (8-3 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: April 3, 2002. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Fi- A 'RANSMISSION VERIFICATION REPORT TIME 04/03/2002 17:16 DATE DIME 04/03 17:13 FAX N0./NAME 7655816 DURATION 00:03:18 PAGE(S) 07 RESULT OK MODE STANDARD ECM 1 i j i I PRELIMINARY SITE PLAN OF PROPER'11Y SITUATED AT u { CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY , NEW YORK S.C. TAX No. 1000-96-01 - 1 1 . 1 SCALE 1 "=20' NOVEMBER 17, 1998 FEBRUARY 20, 2001 ADDED SAMUELS PARCEL 19, OCTOBER 15, 2001 ADDED SITE PLAN DECEMBER 13. 2001 ADDED TOPOGRAPHICAL SURVEY J O• �, 30,�� x-4• JULY 10, 2002 REVISED SITE PLAN JULY 24:"'2002 REMOVED TREES do ADDED PARKING NOTES JULY 30, 2002 UPDATE PER FAX DATED 7/30/02 • w ;SEPTEMBER 26, 2002 REVISED SITE PIAN °�' (LSFD�F lkz IVO SII? 2 T 0AREA = 27,748.41 sq. ft. 0.637 ac. / J� x- = IN;o 04 �oo� rob NOTES- �\Q)1* 1. ELEVATIONS ARE REFERENCE D TO AN ASSUMED DATUM �____- p EXISTING ELEVATIONS ARE SHOWN THUS: ' �'��� � a i TING CONTOUR LINES ARE SHOWN THUS: — - -- —sv a - - - - `� ,\ � �� EXISTING c� ;� 2. ZONING USE DISTRICT: LIGHT INDUSTRIAL �� :-:•:-- 3. EXISTING HOUSE AND IMPROVEMENT ARE NOT SHOWN AND SHALL BE REMOVED. ��. z . •.. . •• IDR LIGHTS SHOWN THUS: =cr .. .': / 4. PROPOSED 400 WATT EXTERN •• � . , INDUSTRIAL USES IS 1 SPACE PER 500 sq. ft. OF BUILDING AREA. �� :. •f.:.o ..•. . d'' p • 5. PARKING REQUIRED BY TOWN CODE FOR LIGHT ; ,' .'.. . ' 4,000 sq. ft. + 500 = 8 PARKING SPACES REQUIRED 9 PARKING SPACES + 1 HANDICAP SPACE = 10 PARKING SPACES PROVIDED �o . . . . ..... .... .. . . ..h 1 li V _ 44 �. . . . . .. . . ... . . . . ... V Al ° ASF 41 7 TEST HOLE DATA o : ::::.:..:.:..:. . ...:.QOM \ :: :.-.-...::_:::_..::.... .441 (TEST HOLE DUG BY MCDONALD GEOSCIENCE ON NOVEMBER 1, 2001) � . . . . J� -- • •• • ' , 'w BROWN SILTY LOW OL .'. . . ... . .. .X ,} . .. . . . . ' .-.'.'. /� _ a ° 41 d BROWN FINE TO CWR_SE SAND \ .-.'. . . .'.-.-.' Q' \ /. '. .• 4.i t (�\ JS SAND BROWN a• .. ' WITH 10% GRAVEL SW . . . .. .. . . . .. . . ... . ... . . . C 5O t o 0. • e ` ry .: mss' .... `V/T�6, - ....:..... ..• qE . . GREYISH BROWN SILT 4L . . . ..__ ay 4'''! -t} (1 , •�T .. . 4 " BROWN SILTY SAND Su S \ G 79 `. "c U 49 PALE BROWN ME F • \ To COURSE SAND SW T x 4 a a a o�y� IJkCF F 1\ X 4�' � 2 a• .. `40 .�S' SOH I" "O� 20' c, �GT410 /N �\ Q) 2� wFz( -e � 1 o y o� =i9 <) � 11 i 1 I"v �. 33 2 C oo 00. 1 I, TYPICAL STORMWATER UNIT fJRAINAGE SYSTEM CALCULATIONS SHALLOW DOMES ARE TO BE USED \ (NOT TO SCALE) ALL TOPS & COVERS TO BE TRAFFIC BEARING CAST IRON INLET FRAME & COVER (FLOCKHART #63518 TYPE 6840) �G�O� OR 6' THICK REINFORCED CONC. COVER V = ARC FINISHED GRADE 1'_0" A = TRIBUTARY AREA IN SQUARE FEET s�e(��N �� UNAUTHORIZED ALTERATION OR ADDITION j (max.) R = 2" RAINFALL = 0.17 Ft. �w �j� TSECTION O THIS SURVEY IS A VIOLATION OF C = COEFFICIENT OF RUNOFF = 0.9 4nip� 0,O EDUCATION 2LAW THE NEW YORK STATE THE LAND SURVEYOR'S INKED SEAL OR PHAI T PAVEMENT EMBO A VAUD TRUE NOCOPIES OF THIS SURVEY T NOT BEARING 18" CORRUG. PE DRAIN DOME ''' ASPHALT PAVEMENT AREA = 2,261 sf TO EMBOSSED SEAL SHALL NOT BE CONSIDERED 1 ' 385/42.24 = 10 vlf req'd CERTIFICATIONS INDICATED HEREON SHALL U PIPE OR APPROVED EQUAL 2,261 sf X 0.17 X 1.0 = 385 cf I ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND 0.5x MIN. LENDING INSTITUTION LISTED HEREON, AND TO NEXT UNIT I 8._D. PROVIDE: (1) 8'-0" DIA. X 12'-0" DEPTH DRAINAGE POOL TO THE ASSIGNEES OF THE INSn— (1) TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. CRUSHED 3/4" - 1-1/2' STONE 12vIf PROVIDED ALL AROUND LEACHING RINGS 0j REINFORCED PRECAST CONC. R�Q THE EXISTENCE OF IGH A iv 4000 PSI O 28 DAYS ANDEASEMENTS OF RECORD, IF ROOF AREA = 4,000 Sf ANY,, NOT SHOWN ARE NOT GUARANTEED. N 3'-0' 2,261 sf X 0.17 X 1.0 = 385 cf 3'-0" (min.) (min.) 4" 680/42.24 = 17 vlf req'd I -- PREPABY RED IN ACCORDANCE KITH S ESTABLISHED MI�ISH ATE D PROVIDE: STANDARDS FOR AS ESTABLISHED Joseph A■ I■ f e n I _ (2) 8'-0" DIA. X 12'-0" DEPTH DRAINAGE POOL FOR SUC TITLE AS N�.� ('`� `, 24 vlf PROVIDED ��Q��e �'O� Land Surveyor C4 E ✓� p l 2 GROUND WATER !' p 1 PROPOSED 8' dla X 12' DEEP 5TORM DRAIN WITH OPEN GRATE / / �� 3 Title Surveys — Subdivisions — Site Plans — Construction Layout lilt 49 ID e' dIa X 12' DEEP �AI�! PJ PHONE (631)727-2090 Fax (631)727-1727 05E1 ® / 5P7 M DRAIN WITH GONG. CO\/ER - OFFICES LOCATED AT MAILING ADDRESS N.Y.S. Lic. No. 49668 1380 Roanoke Avenue P.O. Box 1931 Riverhead, New York 11901 Riverhead, New York 11901-0965 I - - --- __-_9 t J . \ � r lyre r i 04, SURVEY OF PROPERTY SITUATED AT j CUTCH--IOGUE TOWN OF SOUTHOLD ° ° 3 SUFFOLK COUNTY, NEW YORK a s S.C. TAX No. 1000-96-01 - 1 1 . 1 Q A a 79 '— 1 °_ a SCALE 1 " 20' NOVEMBER 17, 1998 � � F FEBRUARY 20, 2001 ADDED SAMUELS PARCEL MAY 30, 2002 ADDED OWNERS ADJOINING R.O.W. AREA = 27,748.41 sq. ft. 0.6 37 _ - Ohm gy a d 14V � v - L '�Y Z Ny � ^p 2a.4' G QR e 4 a Q n 4 -a GAP ° • l ,"IV\ ° 2T• e' 4 00-1 so. 4 Al 0 � �O SS� 30.. � � w SS 179-1 3o,, V / ��O,�/O/� soG OA �•OLd / p\��4� �`Q� \ rsa Com/ 011 ,c>1 o � PREPARED IN ACCORDANCE WITH HE MINIMUM STANDARDS FOR TITLE SURVEYS ESTABLISHED BY THE L.I.A.L.S. AND APPROVE AND ADOPTED FOR SUCH USE BY THE NEW RK STATE LAND TITLE ASSOCIATION. 0 Q �{ WiRNS d F /�CF fF4'CF O(p a� Q�F oHc (IV 2 N.Y.S. Lic. No. 49668 �'�^yh� sti£ ,�,S• UNAUTHORIZED ALTERATION OR ADDITION OO 00 Joseph . i n® S THIS SURVEY IS A VIOLATION OF -� .y O SECTION 7209 OF THE NEW YORK STATE (�.J� Surveyor '� � EDUCATION LAW. O� LandL ` �r / k r COPIES OF THIS SURVEY MAP NOT BEARING �'�T \r.�i.� ifi` V THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN Ooh O Title Surveys — Subdivisions — Site Plans — Construction Layout ONLY TO THE PERSON FOR WHOM THE SURVEY y y IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND PHONE 631`727-2090 Fox (631)727-1727 TENTING INSTITUTION LISTED HEREON, AND cb OFFICES LOCATED AT MAILING ADDRESS 1 TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. 1380 ROANOKE AVENUE P.O. Box 1931 THE EXISTENCE OF RIGHTS OF WAY RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. 98-270 ..r ., „ �i •'i' 1t' .. /, ,. , •J,: py..1 J..- •r.+.;.-,.;1 :e,( . .$ ,.,},Ci;:.,., ,i,`i,r.., .,.: .q" -'!" '1'11• + ,.:�`ti....,�'* '!".,;! J,I1.i,{' , .I l:r.r. 1:"I',- {y•'1 r-,- `t :L-iA` :i' ' -t e•' :1,. iai ii. i.r y s' y ,i:.' 1 i i. ,r' n' i -t" i (. th ri' N �'}�� MAP 'SN _: r -,. i.] rl r >. !.' r. 1. yt �1 11'r .. •' .r;. 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Ss• ' •; ; ' � — 11 . 1 79�3 - ::. • k SCALE 1 "=20' O� ' NOVEMBER 179 1998 •.'•� ;.: 7 FEBRUARY 20. 2001 ADDED SAMUELS PARCEL 4j a OCTOBER 15. 2001 ADDED SITE PLAN Cid �r AREA = 27.748.41 sq. ft. 0.637 ac. •dam ' •• . ' - �\ ��' ,f rte, -��;.-�'-` `' ... �•... -'...- '•a?.' �`:.�^ .. • lk 19 ♦,,..moo,-....... ..,_-.. .....__ „ „�,,,.�..,.s<.w -:YR•..."'measr"'u•� �7-� -' - •- .. ,z+ < r..y ..__•__..� .w'9�.,:. `}.,,,3..'`i+a4'' _ �i,3;erwm,;M� .. _�d'a Edl:.i• .,:i•..:.'. - - �.,_. .�. ._, .._._. s..., r'• ,_--_•• .�-.a"'•. .M(A'F tfl: �•efrnZae`'.��..3kfl.i,R9it.:. ., . \ � rW.Mygwyr�•kf....i._..,..h_. .�rya...a �� ��O O+ 19 sow o o,��o 4 At I UNAUMORRED ALTERATION OR ADDRION L� 1D THIS SURVEY 13 A VIOLAT ON OF y SEC" 7209 OF THE NEW YORK STATE EDUCATION LAW. O�. COPIES OF THIS SURVEY MIP NOT BEANO THE LAND SURVEYOR'S W= SFX OR EMBOSSED SEAL. SKVl. NOT BE CONSIDERED )s/ 1 TO BE A VAUD TRUE COPY. Y CElRTFICAT)ONS R OECAIED HEREON SHALL RUN ✓ (S� ONLY TO THE PERSON FOR WHOM THE SURVEY j 15 PREPARED. AND ON HIS BEWU TO THE ME s � / a0� LOOM COMPANY. IINSTMUTION LISTED HEREON. AND s°itr ,a0 y `Ry TO THE ASSMEES TU110N. CERTIFlGCIl01fS ARE THE NOfTll4N BLE. O �Al ry� y ,�y �• TIE E"'ISTENCE OF RIOHT3 OF WAY i AI*D/OR EASEMENTS OF RECORD, IF �. C:iiY' Sh-°:tolL AET� 44d.Y' E�lIAR1!�1TfFD. D 00 PREPARED IN WITH TIME ME*" / / / ( M S Joseph A. In a no • 4: IO �Q �/l�c t(�- -•�]�� FOR YORK STATE LEWD � g f�� Lana Surveyor s f °`; d°J►,�` .'� ¢!r Tft Surveys " SubdWWom — Site Plans — Oww&wcoon �. PN�OeNeyE.t((.631)727-2090 Fax (631)727- r OFFI= LOCATED AT MA&MAC A' N.Y.S. L1c. No. 49668 1380 ROANOKE AVENUE P.O. B -'--" Rfiltl-FM, New York 11901 Rlverheod. New _. .._ _