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HomeMy WebLinkAbout53236-Z @0 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 53236 Date: 08/28/2026 Permission is hereby granted to: RQA Properties LLC PO BOX 320 Cutchogue, NY 11935 To: Legalize "as built"additions and alterations to existing auto repair building(48.2'x 61)as applied for per Planning and ZBA approvals. Premises Located at: 29950 Route 25, Cutchogue, NY 11935 SCTM# 102.-3-1 Pursuant to application dated 08/18/2026 and approved by the Building Inspector, To expire on 08/27/2028. Contractors: Required Inspections: Fees: As Built Accessory Structure $1,432.00 CO Business $100.00 Total S1,532.00 Building Inspector t TOWN OF SOUTHOLD —BUILDING DEPARTMENT til Town Hall Annex 54375 Main Road P. O. Box 1179 Southold, NY 11971-0959 'n Telephone (631) 765-1802 Fax (631) 765-9502 1tt, /lwvNyW sot hldtort , Date Received APPLICATION' FOR BUILDING PERMIT ECEQVE For Office Use Only PERMIT NO. 61� Building Inspector:,_ A,UG 2026 Applications and forms must be filled out in their entirety.Incomplete ent applications will not be accept d. Where the Applicant is not the owner,an E�i�t f3�p�rtm Owner's Authorization form(Page 2)shall be completed. Town �f Southold Date: OWNER(S)OF PROPERTY: Name: SCTM # 1000- Q —" Project Address: ',�� mail: Phone#: '�� E w Mailing Address: �� t CONTACT PERSON: Name: Mailing Address: ' Email: Phone#: �;.„ DESIGN PROFESSIONAL INFORMATION: Mailing Address: Phone#: Email: CONTRACTOR INFORMATION: Name: ° 4�1A1� C i=� V` \ 'Z- Mailing Address. Lox 12�1 Phone#: = 5�(pLk mail: DESCRIPTION OF PROPOSM CONSTRUCTION []New Structure Addition ❑Alteration ❑ReP air ❑Demolition $st" d Cost of P olect. ❑Other Will the lot be re-graded? ❑Yes .::. No Will excess fill be removed from premises? Dyes CiAo 1 PROPERTY INFORMATION FExis�tinguse of property: Intended use of property: Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to this property? []Yes Ao IF YES, PROVIDE A COPY. Check BOX After Reading: The owner/contractor/design professional is responsible for all drainage and storm water issues as provided by Chapter 236 of the Town Code. 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 taws,Ordinances or Regulations,for the construction of buildings, additions,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(s)for necessary inspections.False statements made herein are punishable as a Class A misdemeanor,pursuant to Section 210.4S of the New York State Penal Law. Application Submitted By (print name): ❑Authorized Agent ❑Owner Signature of Applicant: Date: STATE OF NEW YORK) COUNTY OF ' ' ) being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing ntract) above named, (S)he is the (Contractor,Agent,Corporate Officer,etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his/her knowledge and belief; and that the work will be performed in the manner set forth in the application file therewith. Sworn before me this day of , 20 Notary PubI6HN A. MAKI Notary Public-State of New York No.01 MA6164838 PROPERTY OWNER AUTHORIZATION Qualified in Suffolk County (Where the applicant is not the owner) My commission Exp.04/30/202.7 l residing at do hereby authorize to apply on my behalf to the Town of Southold Building Department for approval as described herein. Owner's Signature Date Print Owner's Name 2 0 0 APPEALS BOARD MEMBERS ��Qso Southold Town Hall Ruth D. Oliva,Chairwoman 53095 Main Road• P.O.Box 1179 Gerard P. Goehringer tit Southold,NY 11971-0959 Vincent Orlando ua a„a tc Locat%pit: James Dinizio,Jr. ► Town Annex/First Floor,North Fork Bank Michael A. Simon , ► � 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net E BOARD OF APPEALS �- 3= 3� Of TOWN OF SOUTHOLD C Tel.(631)76 -'1809•Fax(631)765-9064 M FINDINGS, DELIBERATIONS AND DETERMINATIOAou oI Z n Cle1ll* MEETING OF DECEMBER 27,2005 ZB File No. 5759-RQA(Rich's Auto Body)and Richard Bozsnyak Property Location: 29950 Main Road and Pequash Avenue, Cutchogue CTM 102-3-1 SE RA 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. BASIS O AP'PLICATION: Building Inspector's May 26, 2005 Notice of Disapproval concerning a permit to construct a new building, as part of an existing auto body shop. The reason stated in the Notice of Disapproval is that a new building on this nonconforming 37,447 square foot lot, in this R-40 Low-Density Residential Zone District, is not a permitted use, citing Section 100-241A which reads, "nonconforming uses shall not be enlarged altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever." PROPERTY FACTS: The applicant's 37,447 square foot parcel has 208.17 feet along the south side of NYS Route 25 (Main Road), and 200 feet along the west side of Pequash Avenue, in Cutchogue. The property is improved with a single-story 597 sq. ft. building rented by a real estate office, a single-story concrete block building occupied by the applicant's auto body repair service business, two detached storage sheds, and temporary canvas tent (portable structure),as shown on the August 3,2004 survey, revised October 12,2004 by John C. Ehlers, L.S. FINDINGS OF FACT The applicant's business is located in the main building consisting of 1620 sq. ft. (36' x 48') of enclosed floor space, and constructed of cinder block and wood. The applicant rented the building and most of the lot since about 1988 (15 years) with a tenant liability policy as a garage man (auto body repair business) until 2004. The property was re-zoned by the Town during 1989 from business to Residential R-40, while the applicant continued the nonconforming business occupancy; the real estate office nonconforming use also continued until the present time. On 10125104, the applicant purchased the premises and changed and expanded the insurance plan from tenant's liability to owner liability. In January 2005 the applicant received written notice from the insurance company regarding safety equipment and other requirements related to the auto body repair business activities and buildings to be insured. The installation of a new spray booth was required and is within one of the front bays of the main building. Other changes were requested by the insurance company, such as cleaning up of the parking area,walkways, and stairway clearances)for continued liability coverage,which has been completed by the applicant. The applicant proposes to relocate two out of the five existing work bays from the existing 1620 sq. ft., one-story building (36 ft. x 45 ft building size), and not using a third bay in the front of the building. The applicant also proposes to discontinue a large area used outdoors close to the main building for auto body repairs, and to remove the temporary, portable structure. The remaining two work bays located at the rear of the main building will continue, and the front access to the work areas will be blocked off to relocate access for vehicles from the rear. Page 2 of 5 21 A file Nn.5759-RQA and R.Bozsynae CTM 102- -1 As a result of the required purchase of the self-contained metal spray booth and mandates of the insurance industry, the applicant proposes to move the auto-body repair activities(from two front bays) into a proposed 36.5'x 48.2' metal building as a separate structure, 16.5 feet from the westerly lot line, and 52 feet south of NYS Route 25 (Main Road). The new building will be 37 feet away from the main service building, and larger in floor area and height than the main service building. The new construction would provide additional dry space related to the applicant's auto body and paint spraying activities, and would increase productivity and efficiency, while having an economic benefit that would allow the business to continue with the increased costs of operations. The spray booth is a very large unit which takes up the floor area of at least one bay. The spray booth is a dry use and must be enclosed within a building, meeting strict standards for fire, emissions, OSHA, and other mandated requirements. The emissions will be about 99% covered, whereas recently it has been going up through the chimney and outdoors. The air will be drawn into a filtering system and converted into a solid compound, which will then be disposed of properly, as opposed to the present containment system. As the paint is sprayed, the air blows onto the floor and is filtered to keep the environments contained before going into the exhaust and outside. The applicant already purchased a new 1759 sq. ft. pre-cut, metal building to keep costs down and planned to move ahead with construction as soon as possible. In the interim the applicant placed a 900+- sq. ft. temporary, canvas structure (tent) to keep the business-related activities moving, while applying for permits to erect the new building. The 1759 square foot size of the new building,as requested by applicant, is a 72% increase of the existing total building floor area of 2,427+-square feet at the site now (1620, 597,80, 130=2427+-sq.ft.), exclusive of the temporary portable tent area to be removed. The Building Inspector's Notice of Disapproval cites Section 100-241A pertaining to a new building proposed for a nonconforming use, citing the reason that an auto body shop is not a permitted use in this R-40 Residential Zone District. Under the circumstances and the fact that the existing business uses have continued for many years, the property does not qualify for a use variance under Section 100-241. The Board recognizes the difficulties created as a result of new insurance standards and laws, and addresses area variance relief under Section 100-243 of the Zoning Code, providing for floor area expansion for the applicant's nonconforming business. Zoning Code§100.243 reads as follows: A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved,except as set forth below,unless the use of such building Is changed to a conforming use. (1) Nonresidential uses: (a) Nothing in this article shall be deemed to prevent the remodeling,reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing buildings or additional building on the premises,so long as said Increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an Increase in the overall building footprint(s) of more than 150%, except that said increase shall not exceed the applicable maximum lot coverage.In addition,all other setback and area requirements shall apply. (b) Nothing in this article shall be deemed to prevent the remodeling,reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming use or rgnstruction of an a4dition Ig existing b I in 's or oEWItIonpi building on 1 n i n s' e f t ulldln s c b on ar n of he existing bulldlllg& or stroctuLes or by the i n of a n t t of irtoreallig In the veratl building footorint(s) more than ase shall n exceed li t 1 o maximuM lot o9yoragig. ba k and a ea r*QuIroMgnfM shall aoply,gL(LvIdod thpi ft fSlIgWing site,r2ndiption measure ti or In oart, ag shMil be d t nln r withinis I ton, r ded as n essential element of the aforojeld oxogn_slow. III SubstantlSI onftal3coMealf the oy2rall site landogagil3g andlgr natural vogotatig1j. 121 Employment of best visyll plIgtiggg by gpgrag2oioxisting buildi!390 esi n 2fnow buildings ano&Ihe additions to extsting bull4il3gs which acjyW21y or more accu[@Nlv doelpAthe histoEic gntlLor exiong rural ha ter-of t e medl to and nearby n i rh s. (emphasis underline added) AREA VARIANCE RELIEF: The applicant's request for a 72% increase of floor area, or 1759 square feet of new building floor area, is very substantial in relation to non-permitted uses and the code's limitations on nonconforming uses in nonconforming buildings. The property does not qualify for a use variance under Section 100-241, based on the standards set in New p Page 3 of 5 ZEM File No.5759—RQA and R.Bozsynak• CTM 102-3-1 York Town Law, and circumstances with the present and continuous uses at the site, by the applicant's business and by the tenant's business. This residentially-zoned parcel is occupied by established businesses and Improved and maintained over the years as nonconforming uses, one building used continuously as a real estate office for many years. Under Section 100-243 of the Zoning Code, thirty (30%) percent limitation of the floor area is allowable based on the existing buildings containing a total building floor area of 2427+- square feet. A 30 percent increase under 100-243 would permit 728 additional square feet,for a total building floor area of 3155+-square feet by code. Granting alternate relief to permit modified building areas with an increase of 25% over the code limitation in Section 100-243, as a nonconforming automobile repair shop that has existed for many years, will not adversely affect the character of this otherwise residential. Granting an alternative for an additional 25%of the existing building floor area for enclosed work activities related only to the applicant's auto body paint/repair service behind the main building is substantial. The building addition, in lieu of a separate building, is more in conformity with the zoning requirements,without splitting the main business into two buildings, and also will move the work done out of view of the public and safe for not only the employees but also for residents and others active in the neighborhood. It is noted that interior portions, previously occupied by one of the bays, in the main building(s), may be used for enclosed storage of parts and auto repair accessories. Storage areas are not required to be in a separate, new accessory building by insurance or other standards. Another option that may be considered would be to convert the second nonconforming use on the property occupied as a real estate sales office for storage and other minor business uses related to storage or areas related to the auto body repair business. The applicant does not wish to eliminate the real estate office rental for the reason that it would discontinue a rental income. In considering Section 100-243, it is further determined that: a) The alternative relief will result in a maximum lot coverage at less than the code limitation of 20%; b) The construction of an addition to the existing main building will result in an increase of 30% of the building footprint size of the main building,and less than 30%of the overall usage and building areas that exist; c) The alternative relief for increased floor area, as an addition to the main building, shall be designed to be in conformity with all setback and area requirements of the code. d) Proper screening will apply, with other provisions for parking and related site remediation measures, in full or in part,as an essential element of the aforesaid expansion as provided by Section 100-243. PQSSISLE RE O S:: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief, with a maximum increase of 25 percent over the code allowances under Section 100-243, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, and will be in more conformity with the code, as well as access, on-site circulation, setback and area requirements. The applicant is requesting 42% (30% plus 42%, or 72% overall), a substantial increase, proposing an increased 1,759 square feet related to the existing nonconforming repair business use in a separate (third) building to be occupied. The alternative granted herein is more in conformity with the code than that requested by the applicant, although a variance under Section 100-243 at 25% over the code's 30% limitation is substantial, with a 55% overall allowance of increased floor area. Conditions are placed in this variance for adequate screening, and other provisions for parking and related site remediation measures, in full or in part,as an essential element of the aforesaid expansion as provided by Section 100-243. Conditions have been placed to mitigate areas of concern as it related to the increased floor area and changes at the site. The alternative variance will allow a substantial amount of increased floor area, assisting with applicant's goals for more productivity, safety, efficiency, and storage areas for the existing nonconforming auto body operations. 2. The benefit sought by the applicant cannot be achieved by some method before the Zoning Board of Appeals, feasible for the applicant to pursue, other than an area variance. The difficulties are unique inasmuch as the current business uses have been in existence since the district was rezoned as residential and the owner wishes to continue 4 Page 4 of 5 Z13A File No.5759-ROA and R. Bozsynae CTM 102-3-1 this use while complying with the regulations and standards related to safety, emission control, more productivity and efficiency, OSHA, improvements,and other criteria as an auto body repair business. 3. The relief granted herein is very substantial, resulting in a 30% increase of the existing building floor areas under Section 100-243, plus grant of an additional 25% increase, or 55%overall increase, without an increase the number of tenants or increase of the number of existing business uses on the property. 4. The difficulty is related to the standards and insurance regulations for one of the two existing nonconforming businesses, as a result of the re-zoning of the property In 1989 and current residential zoning limitations of the entire site,with nonconforming building locations. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of alternative relief is the maximum the Board will approve at 25% over the 30% code allowance provided by 100-243. The alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit related to the nonconforming uses on the property, while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. ecommended A on/Condit`on : 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 Chairwoman Oliva,seconded by Member Orlando,and duly carried,to DENY the application as applied for, and that under the circumstances and the fact that the existing business uses have continued for many years, the property does not qualify for a use variance under Section 100-241, and to GRANT Alternate Relief under Section 100-243, permitting a 25%increase of floor area to be added at the rear of the principal building occupied by the applicant's repair business, subject to the following conditions: 1) That adequate screening with 6 ft. (minimum height) evergreen or similar plantings shall be placed along the east, west, and south sides of the property, except that the northerly front yard shall remain open and unobstructed for visibility purposes related to the nearby street intersection, and except for handicap parking or alternative parking determined by the Planning Board under the site plan review process. 2) No automobiles for service or repairs shall be placed in front of the building along NYS Route 25 (a/k/a Main Road). 3) Used car sales as a principal nonconforming use is not permitted in this R-40 Residential Zone District. Two principal business uses already exist at the property, and no other use is permitted to continue,other than real estate office use and/or auto body paint/repair service use. 4) In an R-40 Residential Zone District, only one use may be authorized on 40,000 square feet of land area. With the alternative relief granted herein, the floor area may be increased to a maximum of 25 percent for the existing nonconforming auto-body paint/repair business, with continued use of the real estate office business use,without an additional third use (business or residential). No outdoor display or sales of used cars is permitted as a principal nonconforming use. 5) Prior to change or transfer of a nonconforming business use of the building(s)or property,the owner must apply to the Zoning Board of Appeals for transfer of this alternative relief for occupancy of the future nonconforming activities. 6) The temporary tent-type structure shall be removed within 18 months of this determination. 7)The Zoning Board of Appeals reserves the right to inspect the property for the purposes of Page 5 of 5 ZETA File No.5759-RQA and R.Bozsynao CTM 102-3-1 compliance with the above conditions and review of screening. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva(Chairwoman), Orlando,Goehringer, Dinizio, and Simon. This Resolution was adopted by unanimous vote(5-0). Ruth D.Oliva,Chairwoman 12 0 Approved for Filing OFFICE LOCATION: $ MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Roure 25 � a, Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, Ni w-ww.southoldtownny.gov Mw «' fig PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 14, 2026 ° V a, Mr. Martin Finnegan Finnegan Law, P.C. Br�'i�c� �1 (Inrtl^ rat 13250 Main Road utlotd P.O. Box 1452 Mattituck. NY 11952 Re'; Site Plan Determination RQA Rich's Quality Auto Body Site Plan 29950 Main Road, Cutchogue SCTM#1000-102_-3-1 Dear Mr. Finnegan: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, July 13. 2026: WHEREAS, this site plan is to amend the previously approved plan to include several as-built structures, including a 972 sq. ft. portable building on a concrete slab, an extension of auto repair building #2 from 1,759 sq. ft. to 2,916 sq. ft., along with the previously approved existing office building of 576 sq. ft and existing auto repair building #1 at 1,628 sq. ft.; all on a 37,428 sq, ft. parcel in the R-40 zone located on the s/s/o NYS 25 at the s/w intersection of NYS 25 and Fleets Neck Road in Cutchogue; and WHEREAS, on November 12, 2025, Martin Finnegan, Authorized Agent, submitted an Amended Site Plan Application for review; and WHEREAS, on February 9, 2026, the Southold Town Planning Board accepted the Amended Site Plan Application as complete for review; and WHEREAS, on February 9, 2026, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that the proposed action is an Uniisted Action as it does not meet any of the thresholds of a Type I Action, nor does it meet any of the criteria on the Type II list of actions; and WHEREAS, on February 27, 2026, the Planning Board, pursuant to Southold Town Code §280- 131(C), distributed the application to the required agencies for their comments; and RQA Properties, LLC Page 2 July 14, 2026 WHEREAS, on March 6, 2026, the Southold Town Fire Marshal determined that there is adequate emergency access and fire protection for the proposed building; and WHEREAS, on March 6, 2026, the Southold Town Code Enforcement officer verified that there were no open violations on the subject parcel; and WHEREAS, on March 9, 2026, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act §617.6, established itself as Lead Agency for this Unlisted Action; and WHEREAS, the Southold Town Planning Board, pursuant to SEQRA, conducted the required review of potential environmental impacts that might result from this application„ documented in the completion of the Short Environmental Assessment Form, and found that there would be no expected moderate to large adverse impacts; and WHEREAS, on March 9, 2026, the Southold Town Planning Board, as Lead Agency pursuant to SEQRA, made a determination of non-significance for the proposed action and granted a Negative Declaration; and WHEREAS, on March 9, 2026, the Public Hearing was held and closed; and WHEREAS, on March 23, 2026, the Cutchogue Fire District determined certain revisions be required and worked into the site plan regarding adequate fire protection for the site; and WHEREAS, on May 4, 2026, the Town of Southold Local Waterfront Revitalization Program Coordinator reviewed the proposed project and determined the project to be EXEMP from the Southold Town LWRP policies; and WHEREAS, on July 8, 2026, Martin Finnegan, Authorized Agent, submitted five (5) prints of the revised site plan as required; and WHEREAS, on July 10, 2026, the Southold Town Chief Building Inspector reviewed and certifiel the proposed Auto Body Shop as a permitted use by the Zoning Board of Appeals (#5759 &#7800) in this R-40 Zoning District; and WHEREAS, on July 1 , 2026, the Southold Town Planning Board determined that all applicable requirements of the Site Plan Regulations, Article XXIV, §280 Site Plan Approval of the Town of Southold, have been met; therefore be it RESOLVED, that the Southold Town Planning Board has determined that this proposed action is EXEMPT from the policies of the Town of Southold Local Waterfront Revitalization Program; and be it further RQA Properties, LLC Page 3 July 14, 2026 RESOLVED, that the Southold Town Planning Board hereby grants Approval of the Amended Site Plan entitled "RQA Properties, LLC" prepared by Mark Schwan & Associates Architect dated July 3, 2026 and authorizes the Chairman to endorse the map after the following condition has been met: Condition to be fulfilled rior to endorsement of Amended Site Plan: 1. Submit the Street Tree payment of $1,750 pursuant to §280-129(C)(1) In addition, please be aware of the following Town Code requirements: ➢ Approved site plans are valid for eighteen months from the date of approval, within which time all proposed work must be completed, unless the Planning Board grants an extension. ➢ Any changes from the approved site plan shall require Planning Board approval. ➢ Prior to the issuance of a Certificate of Occupancy, the Planning Board must inspect the site to ensure it is in conformity with the approved site plan and issue a final site inspection approval letter. Should the site be found not in conformance with the approved site plan, no Certificate of Occupancy may be issued until the Planning Board approves the changes. A copy of the Approved Site Plan is enclosed for your records. One copy will also be sent to the Building Department. If you have any questions regarding the above, please contact this office. Respectfully, James H, Rich III Chairman Encl. cc: Building Dept. w/map By signing this letter, the applicant acknowledges that there are Town Code requirements and conditions, including those listed above, that must be satisfied prior to the issuance of a Certificate of Occupancy. Print name: Applicant Signature��,D .. Date: BOARD MEMBERS soU, a Southold Town Hall Leslie Kanes Weisman,Chairperson �� " 53095 Main Road•P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert,Jr. Office L catio : Nicholas Planamento Town Annex/First Floor Margaret Steinbugler 54375 Main Road(at Youngs Avenue) Southold,NY 11971 RECEIVED http://southoldtownny.gov 4- ;"� 1(j��.►n� ZONING BOARD OF APPEALS AUG 0 II J•_1 TOWN OF SOUTHOLD Tel. (631)765-1809 Aouti Q'�"t1 fit" ZBA FILE: #7800 AMENDED AUGUST 6,2026 NAME OF APPLICANT: RQA Properties,LLC PROPERTY LOCATION: 29950 Main Road, Cutchogue,NY SCTM: 1000-102-3-1 a .PEJ1 I'I I' : The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. 5JJff L1 QQ T��",ADMINISTRATI' E (ME: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated April 7,2023,stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. L,WR?„D.1�TF_ ,N ;r_10N: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. IOWN Qf '11C , 'I hNw;l�l, ., 1�: The application was referred to the Town of Southold Planning Board for comment who issued its replies dated July 18, 2023 and July 25, 2023 indicating that this site and the submitted `as-built' plan do not comply with the site plan that was approved by the Planning Board in 2006. Subsequent to the ZBA decision #5759 issued in 2005, the Planning Board approved a site plan in 2006 for the construction of a 1,759 square feet auto repair shop and associated site improvements including but not limited to vehicle circulation including a driveway to Route 25,parking stalls,drainage and landscaping with the ZBA imposed condition#6 of the removal of a`temporary' portable building(tent, subject of this application). Based on historical aerial photographs, it appears that a 1,157 square feet addition was added on to `existing building#2' approved in 2006 without proper permits between 2015 and 2016; The subject site and the submitted as-built plan is not in compliance with the approved 2006 site plan.. Also, there are inaccurate dimensions for building setbacks shown on the as-built plan provided;and the as-built site plan creates the following concerns: i. "Existing Building #2" was approved at 1,759 square feet and is currently +/-2,916 square feet. Because of this increase in building area,the aisle width behind the nearby parking stalls no longer meets the Town Code requirement. There may be the potential to decrease the number of approved/striped parking stalls on the site and allow for Code compliant aisle width to maintain safe site circulation. This could potentially be achieved through an amended site plan application review by the Planning Board. ii. The front parking stalls and the access driveway to the south have been modified since the approved plan and are not compliant with the Town Code. Similar to the rear parking, these front-parking stalls may be able to be reconfigured to meet Town Code through the amended site plan process. 2 1 Page , August 6 , 2026 # 7800 Amended RQA Properties LLC SCTM No . 1000 - 102 - 3 - 1 This particular parcel.is located on State Route 25;however,it is also adjacent to multiple residential properties. The land Use and Zoning Chapter (Goal 7) and the Economic Development Chapter of the Southold Town Comprehensive Plan encourage the growth of existing business while balancing economic prosperity with maintaining a high quality of life,the environment and the unique character of the communities. Absent any nuisance noise, odor or traffic complaints from the neighborhood, this business appears to be consistent with the Comprehensive Plan by achieving that balance. pl�R'Ly_LA CI_/QE:_SCRIULQLN_: The subject, non-conforming, rectangular shaped, 37,421 square feet, .86 acre parcel located in the R-40 Residential Zoning District measures 180,62 feet along Main Road, also known as, State Route 25, then runs south 200 feet along Fleet Neck Road (also known as Pequash Avenue) then runs west 202.64 feet(202.67 feet per deed)along a residentially developed lot then runs north 174.89 feet(175 feet per deed) back to the roadway along a second residentially developed lot. The property is developed with a one-story wood frame building(office), a one-story concrete block and brick building with a metal and frame building attached by `breezeway', a portable building on concrete slab, a meta shed,a metal trailer shed, a smaller portable building on concrete slab, a small wood frame shed and a small metal shed, substantial asphalt parking and driveways, RCA (recycled concrete aggregate)parking areas,extensive stockage fencing around the perimeter of the property and two wood signs as shown on the survey prepared by John T. Metzger,Licensed Land Surveyor,and dated May 22,2018. BA$I_ or A ' 1 CATJ,,_QN: Request for Variances from rom Article XXIII, Section 280-123A and the Building M Inspector's March 15,2023 Notice of Disapproval based on an application for a permit to legalize several"as built" additions and accessory structures at an existing auto body repair business 1)A nonconforming building containing a nonconforming use shall not be enlarged,or structurally altered or moved,unless the use of such building is changed to a conforming use;2) "as built" improvements results in increase in floor area greater than prior alternative relief that was previously granted in ZBA File No. 5759 dated December 27, 2005; located at: 29950 Main Road, Cutchogue,NY. SCTM No. 1000-102-3-1. REIJEF &EQVES�10: The applicant requests variances to legalize several temporary structures and sheds including: a metal shed measuring 9.8 feet by 12 feet,a wood-frame shed measuring 8.2 feet by 12.1 feet,a'portable' building on concrete slab measuring 23.2 feet by 20.2 feet, a metal trailer shed measuring 26.5 feet by 8 feet and larger temporary"portable"structure measuring 25 feet by 50 feet,and to legalize the"as built"addition measuring 24 feet by 48,2 feet, to a previously approved(see ZBA file#5759)addition which originally measured 36 feet by 48.2 feet,allowing a 25%increase of floor area. The application illustrates that in the request for approval of the'as built' addition to the principal building, a yield of an overall increase of 65.8% over the relief granted in ZBA file #5759 will be established. ADD 'QQtL JMNAl,2LF_09MA_' -, The applicant is the beneficiary of several Zoning Board of Appeals variances: #856 dated 1966 #1964 dated 1974 #1983 dated 1974 #2384 dated 1978 #3907 dated 1990 45759 dated 2005 Zoning at the subject parcel was changed from B-I Business to R40 Residential in 1989 while the applicant(now owner)was a tenant on the property, and the continuous use of the site,commercially is well established and known within the community. There have been no known complaints or adverse effects to the neighborhood or the community in general. The applicant's property is well screened and maintained y with low site traffic,no obnoxious odors and little impact on the neighborhood. The applicant,provided a site plan, labeled S-1;a floor plan,labeled A-1,and a floor plan/image of the larger tent on slab, labeled A-2 prepared by Mark Kevin Schwartz,,Registered Architect and dated March 9, 2023. The applicant states that total lot coverage calculation for the subject parcel is 7,009.7 square feet or 18.6% lot coverage where 20%lot coverage is the maximum allowed by Code. The applicant also provided a statement titled: Zoning Board History with the Property,which outlines the applicant's opinion that the property was originally a Esso gas station, pre-1957 with a detailed description of all uses and Board relief granted, through the change of 3 1 P ugust 6 . 20, 26 = 7500 Amended R Q A Properties T_ LC S CTNI N o . 1 0 0 0 - 102 1 zone, to the present use as an automotive repairs shop as granted in ZBA file #5759 which allowed for the non- conforming use expansion of the principal building by 25%with various conditions, including 46,the removal of the larger`temporary' structure. The applicant has an open building permit„#Z-337 2,dated June 17,2009,for which they now seek a Certificate of Occupancy, along with the recognition and legalization of the various additional improvements not included in the site plan as approved by the Town of Southold Planning Board. Curing the public Hearing the applicant acknowledged that they extended the garage building without the benefit of a building permit and in direct conflict with the ZBA relief granted in file 95759,and also in conflict with the planning Board Approved site plan, of 2006. While not a formally amended application, the applicant stated that they will remove the five smaller shed/storage trailers. They did not indicate whether or not they would be willing to remove the larger`portable' tent on concrete slab, which was conditioned to be removed under the prior Boards decision in 2005. No member of the public or an immediate neighbor spoke in favor of or against this application. On July 13, 2026 the Southold Town Planning Board determined that all applicable requirements of site plan regulations Article XXIV Chapter 280_.Site Plan Approval of the'town of Southold, have been met and therefore resolved to approve the Amended Site Plan entitled"RQA Properties LLC"prepared by Mark Schwartz&Associates Architect dated July 3, 2026, thereby meeting the requirements of condition #6 of this approval. Further, site plan approval now includes approval of the subject accessory tent structure referred to in Condition#3 which renders this condition moot,Therefore, the Board of Appeals amends this decision to strike condition 93. l l it ll lCrS C) ACT/Rf SQ IS F(7R, QAR T�,t�L The Zoning Board of Appeals held a.public hearing on this application on July 6 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence, the Zoning,Board finds the following facts to be true and relevant and makes the following findings: 1. "Townrrw `26 -h 3 b J . Grant of the variance to allow the expansion of the as-built,garage structure, all overall increase of 65%over the granted increase of 25%,will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties as the site is well-screened with mature landscaping, conditioned in the prior relief granted and the site plan approved by the Planning Board in the prior appeal. Furthermore,extensive fencing exists which further shields the site from area residences,the roadway and passersby. Grant of relief to allow the larger`tent'portable structure on concrete slab to remain will however be a detriment to the community and adversely alter the character of the neighborhood and nearby properties. This temporary structure was previously conditioned to be removed in ZBA file #5759 and is also supported by the approved site plan, as sanctioned by the Town of Southold Planning Board in 2006. 2. Town Law 267-b 3 b 2 , The benefit sought:by the applicant call be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant call comply with the previous relief granted in ZBA file#5759 and in the approved site plan by the'Fown of Southold Planning Board and maintain a functioning business.All contained in an as built addition that is 25%greater than the original footprint of the principal building, while removing multiple sheds/trailers and the large `tent' portable structure on concrete slab. 3 owls Law 267_ lr The variances granted herein are mathematically substantial,representing 65% greater relief from the code than the prior 25%relief from the code, granted in 2005. However, it would be an unnecessary hardship to require the applicant to remove the 24 feet by 48.2 feet addition to the masonry structure previously granted, in light of no adverse conditions discovered as part of this application. Relative to maintaining the large'tent' portable structure on concrete slab,it would be 100% relief from the code as this structure was 41Page . August 6 . 2026 = 7800 Amended RQA Properties L. LC SCT �1 � o . 1000 - 102 - 3 - 1 conditioned to be removed from the site as part of relief granted in ZBA file 95759 and the Town of Southold approved site plan of 2006. 4. Town Law `267°-1) 3 b U4 . Evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and seek approval from the Town of Southold Planning Board for an updated/amended site plan, correcting parking and on-site circulation problems discovered as part of this application. 5. Town haw "2ta7-b 3 l fa . The difficulty has been self-created. The applicant publicly stated that they made site improvements without the benefit of a building permit and in contravention of the relief granted in ZBA file #5759 and the 2006 Town of Southold approved site plan. Furthermore,the applicant,purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6.Town Law 42 7-b. Grant of the requested relief, maintaining the `as built" masonry addition to the auto repair shop, measuring 24 feet by 48.2 feet, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of as expanded, non-conforming business use in the R40 'Residential Zoning District, while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. Grant of the requested relief relative to maintaining the large `tent' portable structure on concrete slab is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an expanded,non-conforming business use in the R40 Residential Zoning District,while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. R S L_UJ ION QE"C I II ), : In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Steinbugler,seconded by Member Lehnert,and duly carried, to GRANT the variance to maintain the `as-built' masonry addition to an auto body shop, measuring 24 feet by 48.2 feet,,as applied for, and shown on the survey and DENY the request to maintain the large`tent' portable structure on concrete slab, as shown on the survey prepared by John T. Metzger„ Licensed Land Surveyor, and darted May 22, 2018 and the site plan, labeled S-1;a floor plan, labeled A-1,and a floor plan/irnage of the larger tent on slab,labeled A-2 prepared by Mark Kevin Schwartz, Registered Architect and dated March 9, 2023. I. The applicant must apply to the Building Department for a building permit for the""as built" SUBJECT TO Tll F, L1,OW1NG CONDITIONS: l`rp g improvement(s)within 90 days of the date of this decision and submit same to the Office of the.Zoning Board of Appeals,or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a building permit in the time allotted. 2. The applicant must obtain it Certificate of Occupancy from the Building Department for the"as built" improvement(s)and submit same to the Office of the Zoning Board of Appeals within 12 months of this decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s) why the applicant was unable to obtain a Certificate of occupancy in the time allotted. su e- f he �� p�� ' - "Its' °" n� ��-a+��- pay a -� •" ` f- � g �d 4. The applicant is to remove the 5 smaller sheds/trailers,prior to the issuance of the building permit for the `as-built' addition to the auto repair shop,as verified by a member of the Zoning Board of Appeals. 5. The applicant is to remove the wooden sign located on the western side of the property,along Main Road, prior to the issuance of the building permit for the `as-built" addition to the auto repair shop, as verified by a member of the Zoning Board of Appeals. 6. The applicant is to receive Site Plan Approval by the Town of Southold Planning Board. 51Page . August 6 . 2026 # 7800 Amended RQA Properties LLC SCTM No . 1000 - 102 - 3 - 1 This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certcate of Occupancy, when issued The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. IMPORTANT LIMITS ON THE APPROVAUS GRANTED HEREIN Please Read Carefull Any deviation from the survey,site plan and/or architectural drawings cited in this decision,or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order,and may require a new application and public hearing before the Zoning Board of Appeals Any deviation from t/:e variance(s)granted herein as shown on the architectural drawings,siteplan and/or survey cited above,such as alterations, extensions, demolitions,or demolitions exceeding the scope of Ilse relief granted herein, are not authorized under this application when involving nonconfdrmides under the Zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,setbacks and otherfeatures as are expressly addressed in this action. TIME LIMITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1) year terms.IT IS THE PROPERTY OWNERS RESPONSIBILITY TO ENSURE COMPLIANCE WITH TIIP CODE RE I1IRI+D TIME FRAME DESCRIBED HERF;IN.Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy,nullify the approved variance relief,and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman (Chairperson), Acampora, Steinbugler, Planamento, Lehnert. This Resolution was duly adopted (5-0). .s a LKannes W isman,Chairperson Approved for filing D. / /2026 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson �a� o 53095 Main Road•P.O.Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantes Of ice'Lgggt m: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento 54375 Main Road(at Youngs Avenue) Southold,NY 11971 hq://southoldtownny.gov -RECEIVED ZONING BOARD OF APPEALS PA6 qAM TOWN OF SOUTHOLD eN AUG — 8 204 Tel.(631) 765-1809 A4- � Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 3,2023 ZBA FILE: #7800 NAME OF APPLICANT: RQA Properties, LLC PROPERTY LOCATION: 29950 Main Road, Cutchogue,NY SCTM: 1000-102-3-1 S-:,QA DE'[ ;9M1NATIQN: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. aUUFF QL1 CMND A_D_MI J KAI'M CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated April 7,2023,stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LGY ',,,,,, T Wlil412 .' The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. 01 S0111°IlOLQ PLC NNINCx BOA1.1 „, The application was referred to the Town of Southold Planning Board for comment who issued its replies dated July 18, 2023 and July 25, 2023 indicating that this site and the submitted `as-built' plan do not comply with the site plan that was approved by the Planning Board in 2006. Subsequent to the ZBA decision #5759 issued in 2005, the Planning Board approved a site plan in 2006 for the construction of a 1,759 square feet auto repair shop and associated site improvements including but not limited to vehicle circulation including a driveway to Route 25,parking stalls,drainage and landscaping with the ZBA imposed condition#6 of the removal of a`temporary' portable building(tent,subject of this application). Based on historical aerial photographs, it appears that a 1,157 square feet addition was added on to `existing building#2' approved in 2006 without proper permits between 2015 and 2016. The subject site and the submitted as-built plan is not in compliance with the approved 2006 site plan. Also,there' are inaccurate dimensions for building setbacks shown on the as-built plan provided;and the as-built site plan creates the following concerns: i. "Existing Building #2" was approved at 1,759 square feet and is currently +/-2,916 square feet. Because of this increase in building area,the aisle width behind the nearby parking stalls no longer meets the Town Code requirement. There may be the potential to decrease the number of approved/striped parking stalls on the site and allow for Code compliant aisle width to maintain safe n, Page 2, August 3,2023 #7800, RQA Properties, LLC SCTM No. 1000-102-3-1 site circulation. This could potentially be achieved through an amended site plan application review by the Planning Board. ii. The front parking stalls and the access driveway to the south have been modified since the approved plan and are not compliant with the Town Code. Similar to the rear parking, these front-parking stalls may be able to be reconfigured to meet Town Code through the amended site plan process. This particular parcel is located on NY State Route 25;however, it is also adjacent to multiple residential properties. The land Use and Zoning Chapter (Goal 7) and the Economic Development Chapter of the Southold Town Comprehensive Plan encourage the growth of existing business while balancing economic prosperity with maintaining a high quality of life,the environment and the unique character of the communities. Absent,any nuisance noise, odor or traffic complaints from the neighborhood, this business appears to be consistent with the Comprehensive Plan by achieving that balance. I'R(3Pl R"I Y FAC I SWDF '+Cal II?'"! LN: The subject, non-conforming, rectangular-shaped, 37,421 square feet, .86 acre parcel located in the R-40 Residential Zoning District measures180.62 feet along Main Road, also known as, State Route 25, then runs south 200 feet along Fleet Neck Road (also known as Pequash Avenue) then runs west 202.64 feet,(202,67 feet per deed)along a residentially developed lot then runs north 174.89 feet(175 feet per deed) back to the roadway along a second residentially developed lot. 'rhe property is developed with a one-story wood frarne building(office), a one-story concrete block and brick building, with a metal and frame building attached by `breezeway', a portable building on concrete slab, a meta shed, a metal trailer shed, a smaller portable building on concrete slab, a small wood frame shed and a small metal shed, substantial asphalt parking and driveways, RCA (recycled concrete aggregate)parking areas,extensive stockage fencing around the perimeter of the property and two wood signs as shown on the survey prepared by John T. Metzger, Licensed Land Surveyor,and dated May 22,2018. RAS15..C)l"w �,Pl�[ A' 1�C�t�J: Request for Variances from Article III, Section 280-123A and the Building Inspector's March 15,2023 Notice of Disapproval lased on an application for a permit to legalize several"as built" additions and accessory structures at an existing auto body repair business 1) A,nonconforming building containing a nonconforming use shall not be enlarged,or structurally altered or moved,unless the use of such building is changed to a conforming use; 2)"as built" improvements results in increase in floor area greater than prior alternative relief that was previously granted in ZBA File No. 5759 dated December 27, 2005; located at: 29950 Main Road, Cutchogue,NY. SCTM No. 1000-102-3-1. ,EI,II�I__,R UES�'Q: The applicant requests variances to legalize several temporary structures and sheds including: a metal shed measuring 9.8 feet by 12 feet,a wood-frarne shed measuring 8.2 feet by 12.1 'feet,a`portable' building on concrete slab measuring 23.2 t'et by 20.2 feet, a metal trailer shed measuring 26.5 feet by 8 feet and larger temporary"portable"structure measuring 25 feet by 50 feet,and to legalize the"as built",l addition measuring 24 fillet by 48.2 feet, to a previously approved (see ZBA file#5759) addition which originally measured 36 feet by 48.2 feet,,,allowing a 25% increase of floor area. The application illustrates that in the request for approval of the`as built' addition to the principal building, a yield of an overall increase of 65.8% over the relief granted in ZBA file #5759 will be established. AD II'T,"1QNAI,, I1'` FORM ,"1"QN— The applicant is the beneficiary of several Zoning Board of Appeals variances: #856 dated 1966 #1964 dated 1974 41983 dated 1974 #2384 dated 1978 #3907 dated 1990 #5759 dated 2005 Zoning at the subject parcel was changed from B-1 Business to R40 Residential in 1989 while the applicant (now owner)was a tenant on the property,and the continuous use of the site,commercially is well established and known within the community. There have been no known complaints or adverse effects to the neighborhood or the community in general. The applicant's property is well screened and maintained y with low site traffic,no obnoxious odors and little impact on the neighborhood. Page 3,August 3,2023 #7800, RQA Properties,LLC SCTM No. 1000-102-3-1 The applicant provided a site plan,labeled S-1-a floor plan, labeled A-1,and a floor plan/image of the larger tent on slab, labeled A-2 prepared by Mark Kevin Schwartz,Registered Architect and dated March 9, 2023. The applicant states that total lot coverage calculation for the subject parcel is 7,009.7 square feet or 18.6% lot coverage where 20% lot coverage is the maximum allowed by Code.The applicant also provided a statement titled: Zoning Board History with the Property, which outlines the applicant's opinion that the property was originally a Esso gas station., pre-1957 with a detailed description of all uses and Board relief granted, through the change of zone, to the present use as an automotive repairs shop as granted in ZBA file #5759 which allowed for the non- conforming use expansion of the principal building by 25%with various conditions, including#6,the removal of the larger'temporary' structure. The applicant has an open building permit,#Z-33782,dated June 17,2009,for which they now seek a Certificate of Occupancy, along with the recognition and legalization of the various additional improvements not included in the site plan as approved by the Town of Southold Planning Board. During the Public [fearing the applicant acknowledged that they extended the garage building without the benefit of a building permit and in direct conflict with the ZBA relief granted in file#5759,and also in conflict with the Planning Board Approved site plan, of 2006, While not a formally amended application, the applicant stated that they will remove,the five smaller shed/storage trailers. They did not indicate whether or not they would be willing to remove the larger 'portable' tent on concrete slab, which was conditioned to be removed under the prior Boards decision in 2005. No member of the public or an immediate neighbor spoke in favor of or against this application. EINNUIN!LjS_QI_`-LA_ The Zoning Board of Appeals held a public hearing on this application on July 6 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law§267-b(3)(!2jLIj, Grant of the variance to allow the expansion of the as-built garage structure, an overall increase of 65%over the granted increase of 25%, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties as the site is well-screened with mature landscaping, conditioned in the prior relief granted and the site plan approved by the Planning Board in the prior appeal. Furthermore,extensive fencing exists which further shields the site from area residences,the roadway and passersby. Grant of relief to allow the larger'tent' portable structure on concrete slab to remain will however be a detriment to the community and adversely alter the character of the neighborhood and nearby properties. This temporary structure was previously conditioned to be removed in ZBA file #5759 and is also supported by the approved site plan, as sanctioned by the Town of Southold Planning Board in 2006. 2. Town j,aw§267-§jjj&U2 . The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue,other than an area variance. The applicant can comply with the previous relief granted in ZBA file 95759 and in the approved site plan by the"Town of Southold Planning Board and maintain a functioning business.All contained in an as built addition that is 25%greater than the original footprint of the principal building, while removing multiple sheds/trailers and the large'tent' portable structure on concrete slab. 3. Town Law§267-b(3 bE3L The variances granted herein are mathematically substantial,representing 65% A_ — greater relief from the code than the prior 25%relief from the code, granted in 2005. However, it would be an unnecessary hardship to require the applicant to remove the 24 feet by 48.2 feet addition to the masonry structure Page 4, August 3,2023 #7800,RQA Properties,LLC SCTM No. 1000-102-3-1 previously granted, in light of no adverse conditions discovered as part of this application. Relative to maintaining the large `tent' portable structure on concrete slab, it would be 100%relief from the code as this structure was conditioned to be removed from the site as part of relief granted in ZBA file 95759 and the Town of Southold approved site plan of 2006. 4. Town Law 267-b b 4 . Evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and seek approval from the Town of Southold. Planning Board for an updated/amended site plan, correcting parking and on-site circulation problems discovered as part-of this application. 5. 'Town Law 267-b 3 b 'S . The difficulty has been self-created. The applicant publicly stated that they made site improvements without the benefit of a building permit and in contravention of the relief granted in ZBA file #5759 and the 2006 Town of Southold approved site plan. Furthermore, the applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 267-b. Grant of the requested relief, maintaining the `as built' masonry addition to the auto repair shop,measuring 24 feet by 48.2 feet,is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an expanded, non-conforming business use in the R40 Residential Zoning District, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Grant of the requested relief relative to maintaining the large `tent'portable structure on concrete slab is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an expanded,non-conforming business use in the R40 Residential Zoning District,while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOI.,IYF10 DF 1)"( BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Planamento,seconded by Member Dantes,and duly carried, to GRANT the variance to maintain the `as-built' masonry addition to an auto body shop, measuring 24 feet by 48.2 feet, as applied for, and DENY the request to maintain the large `tent' portable structure on concrete slab, all as shown on Site Plan, labeled S-1; a floor plan, labeled A-1, and a floor plan/image of the larger tent on slab, labeled A-2 prepared by Mark Kevin Schwartz, Registered Architect,and dated March 9,2023. SUBJECTTQ THE FOLLOWING OWING CONDITIONS: 1. The applicant must apply to the Building Department for a building permit for the "as built" improvement(s)within 90 days of the date of this decision and submit same to the Office of the Zoning Board of Appeals,or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a building permit in the time allotted. 2. The applicant must obtain a Certificate of Occupancy from the Building Department for the "as built" improvement(s)and submit same to the Office of the Zoning Board of Appeals within 12 months of this decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s) why the applicant was unable to obtain a Certificate of occupancy in the time allotted. 3. The applicant shall remove the large "tent"portable structure on concrete slab, prior to the issuance of the building permit for the `as-built' addition to the auto repair shop,as verified by a member of the Zoning Board of Appeals. Page 5,August 3,2023 #7800, RQA Properties, LLC SCTM No. 10007102-3-1 4. The applicant shall remove the five(5) smaller sheds/trailers, prior to the issuance of the building permit for the `as-built' addition to the auto repair shop,as verified by a member of the Zoning Board of Appeals. 5. The applicant shall remove the wooden sign located on the western side of the property, along Main Road,prior to the issuance of the building permit for the `as-built' addition to the auto repair shop, as verified by a member of the Zoning Board of Appeals. 6. The applicant must receive Site Plan Approval by the Town of Southold Planning Board. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision hull and void That the above conditions be written into the Building Inspector's Certificate of occupancy, when issued. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. IMPORTANT T LIMITS ON THE APPROVALS) GRANTED HEREIN Please Read Carefull Any deviation from the survey,site plait and/or architectural drawings cited in this decision,or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order,and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings,site plan and/or survey cited above,such as alterations,extensions,demolitions„ or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconfortnities under the zoning code. This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the Zoning Code, other than such uses,setbacks and other features as are expressly addressed in this action. TIME LIMJTS ON THIS APPROVAL: Pursuant to Chapter 280-146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of flcIcupancy has not been procured,anti/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration,grant an extension not to exceed three(�)consecutive one(1) year terms.IT IS 11-TE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE CQMPLIAl CE W1TI1 TfIE CODE REQUIRED TIME FRAME DESCRIBED HEREIN.Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy,nullify the approved variance relief,and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Lehnert,and Planamento(4-0)(Member Acampora Absent). Leslie Kanes Weisman, Chairperson Approved for filing d?' / /4,1 /2023 NG ® ®� ' - 9. �Q. r.7 fYS 4 r. M o 'a^ A TIT" 0 r Y� EXISTING 1 STY, € ,OFFICE BLDG., _ n pi S G f G `ate- $ Nam- _ E o g Q �� U Q° t O ASPHALT _ rn o uV)i 9x�s Einu - pp qq G s Q N N I LL l ¢ 200.0' v U , ENTRMK[FRpM fERER � � u � < F cc, COMPLY WITH ALL ODES OF � � j APPROVED NOTE NEW YORK STATE&TOWN CEDE I'-Z$' ,, AS REQUIRED AND CONDITIONS F D TE s>s t I SOIJ%ZLDTOV*IRMD0WNOTIFY BUILDING DEPARTMENT AT SOI I TOV%Pal I m 631-765-1802 BAM TO 4PM FOR THE FOLLOWING INSPECTIONS: i N.Y.S.DEC SIIILD HPGFOUNDATION-TWO REQUIRED I':i FOR POURED CONCRETE CHD a ROUGH-FRAMING&PLUMBING Y INSULATION s w ILj I o FINAL-CONSTRUCTION MUST CROP SECTION w < BE COMPLETE FOR C.O. _ ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE CODES OF NEW YORK STATE. NOT RESPONSIBLE FOR I to 1 DESIGN OR CONSTRUCTION ERRORS s I RETAIN STORM WATER RUNOFF s-s PURSUANT TO CHAPTER 236 OF THE TOWN CODE -4 g/p u O ® lie a ation May Be Required- �g T REQUIRED FICP=,OR PL4N I 14 ¢ TjO BNLQNG� II � 3 SITE DATA: SCTM#1000-102-3-1 MONA INAL rlovlyl ZONE R40 PRO,�R, BY, p'o.Bo�3S, Qj A f,* 11A --T CX Ic Vl�W55 cl-,11 lJ My EN ZONP R40 i PR�cR-,-OWt pc BY: -14 F,0111.1- -,-,f FRMD,Off.�!C'E%G. 61 RoY%s CR ll 10. 11c pt FLEET NECK ROAD (PEQUASH AVENUE ;7 SITE PLAN TcAlE 1—=20-01 S-1