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 Ṹ) 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
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