Preview
FILED: SUFFOLK COUNTY CLERK 11/22/2021 01:02 PM INDEX NO. 621953/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/22/2021
"E"
EXHIBIT
FILED: SUFFOLK COUNTY CLERK 11/22/2021 01:02 PM INDEX NO. 621953/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/22/2021
. TOWN OF SMITHTOWN
SUFFOLK COUNTY, NY
APPLICATIONTOTHEBOARDOFZONINGAPPEALS
Picaneseeseparates|1eetforinsinwt/mm,(fyou havequestionspleaseca!!
, PlamringDept.(¼0-7540).Qrig{M(.t_ngle.r
only.Faxedor pharacopies
are
notacceptable.
Applicant: Safeguard Properties III, LLC BZA CASE #
Address. 105 Maxess Road, Suite 125 0800-110--3-10 &
P. 0. ... Tax Map No, 086-03-18
Melville, NY 11/4/
Propertyowner:3rG . contactPerson: Eugene L. DeNicola, Esq.
Realty Corp
P.O. Address: 7 Salt Hay Way P. O. Address: 200 Railroad Avenue
Smithtown, NY 11787
%vvilleJ 11782 ___
Telephone No..____ Telephone No. 631) 567-1200
standing:
Applicant's
Owner G Contract Vendee Lessee Con tract Lessee
O of an affected
paTCel ( f0r intelpretBliOn8
DOly)
1. Locationof property
(includingdistanceto nearest intersection) nOr th side NYS Rte. 25 315.9 feet
east of Sunny Road, St. James, RI
2. as shownon the Zoning WSI & R-21
Zoning District(s) Map
3. When was the subject
structure n/a (new cons truction)
constructed?..
4. What are youproposingto buildor maintain? Applicant proposes to eyet-sdfgara
92'8" 247'8"
__fecility building x
5. Is the property frorn all adjoining
in separate ownership properties?
M 2 0 2020
(a)Ifyes,sincewhat date
Ifno, what is held by the same owner? P 29AND
(b) adjoiningproperty
UUNú y utv tt.urw r
6. Type of Application(checkallthat apply):
Area Variance setback, height,
(e.g., frontage,
etc.) SpecialException
Use Variance retail
(e.g., in a residence district) O Certificate
of ExistingUse
O Interpretation
of ZoningOrdinance O Varianceof §280A requirernents
of District
Interpretation Boundary ¤ Varianceof §239K requirements
Reason forApplication
(completerelevantsections):
of Section 322-20 subsection B Zone Ordinance
of the Building is requested to
(a) A VARIANCE Re.duce
required side yard and rear yard setbacks to Residence District boundary
building
line from 50 feet to 0 feet. (SEE RIDER PAGE FOR ADDITIONAL VARIANCE REQUESTS)
(b) A SPECIAL E CEPTION Ordinance
under the Zonirtg is requested pursuant to §322oŸ thZoning Ordinance to
to permit in a reSidence district
(elecle onoperat expand/modify the following
land use; parking
July 2018
FILED: SUFFOLK COUNTY CLERK 11/22/2021 01:02 PM INDEX NO. 621953/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/22/2021
RIDER TO APPLICATION
Application of Safeguard Properties III, LLC page 1 of3
315.9'
Premises: n/s NYS Rte. 25 e/o Sunny Road, St. James, NY
SCTM No. 110-3-10
7. (a) Reason for Application continued:
Variance of Section 322-9 Subsection B of the Buildin a Zone Ordinance is requested to
increase FAR from 50% to 152%.
Variance of Section 322-63 of the Building Zone Ordinance is requested to reduce minimum
reauired truck loading spaces from three (3 to zero (0). (Spaces are indoors)
Variance of Section 322-62 of the Buildine Zone Ordinance is requested to reduce required
parking from 169 stalls to 22 stalls.
Variance of Section 322-30.1 Subsection D of the Building Zone ordinance is requested to
allow mini-storage doors to be visible from a public street.
Variance of Sectiôñ 322-82 Subsection C 3(e) of the Special permit Exception Standard is
requested that requires the building conform with FAR, coverage, height and parkine
requirements of the zoning district.
Variance of Section 322-82 subsection C 3(d) of-a Special exception Standards is requested
thatrequires the buffer to be equal to the depth of the encroachment.
8, Area Variance Considerations:
1. The variance requests WOULD NOT produce an impact on adjacent properties or the
neighborhood because: The proposed structure will be entirely located within the
WSI zoned portion of the property fronting a major east/west arterial highway.
T_here will be no change in the character of the neighborhood if the variance is
approved. The use proposed does not generate traffic. noise or any adverse
environmental conditions.
2. The request IS NOT substantial because: The proposed use as a self-storage operation
is benign. Itabuts WSI zoned property on its east and west sides for a majority of its
boundary line area. The requested variance of the FAR, although may be
space"
statistically substantial, is nothing more than "dead storage having no effect
to overburden the land, nor create an adverse effect on the neighborhood. The
residential portion of the property will be left in its natural state, except for the
limited area for parking in the adjacent use district.
FILED: SUFFOLK COUNTY CLERK 11/22/2021 01:02 PM INDEX NO. 621953/2021
NYSCEF ldDOC. NO. 7 apitinag-jy6Me-syayw!st qXooNdMGL|P)96|wo
RECEIVED 016008·9A!..p|:s
NYSCEF: .
11/22/2021
EE:i 'OU9t/t
3. The benefit CANNOT be achieved by an alternative method because: The relief from
the zoning ordinance can only be by the Board of Zoning Appeals. The subject
parcel, although meeting the width of lot requirement, in fact exceeding same, is
elongated to a depth of 1,585.50 feet (or almost one-third of a mile), and is split
zoned part in an industrial zone and part in a residential zone. The entire building
will be located in the WSI zone, except for parking which is permitted on the same
lot as the principal use in that adjoining residential zone pursuant to a special
exception.
4. The variance WOULD NOT cause an adverse effect on the environment because: The
proposed use as a self-storage facility is permitted in the WSI zone. The proposed
use does not involve hazardous materials. The use does not generate traffic.
5. The difficulty IS NOT created by the applicant or a former owner because: T_h_e
property is split zoned. WSI and _R-21. The applicant is keeping the proposed
buildine in the WSI zone, in which it isa permitted use.
9. Special Exception General Standards
The special exception request herein meets the General Standards of §322-94G of the Building
Zoning Ordinance as follows:
1. The proposed use is in harmony with and promotes the general purposes and intent of the
ordinance inasmuch as:
• It is an orderly redevelopment of a site that has an abandoned use/building
thereon;
• It does not generate traffic or create traffic congestion;
• It islocated in a district for which the use is permitted; and
zoning
• R will enhance the value of land in the immediate area and throughout the Town.
2. The plot area for the proposed use is sufficient and appropriate and adequate for the use and
its operation, except itwill require the parking for the proposed use to be located in the
abutting residential zoning district since the subject parcel is split zoned WSI and R-21
Districts. The residential portion is unusable for the construction of a single-family dwelling
since itlacks suitable access, among other developmeñt impediments.
The extension for parking in the residence district is restricted to 50 feet.
3. The proposed use will not prevent the orderly and reasonable use of adjacent properties in
adjacent use districts.
4. The site is suitable for the location of such use with regard to fire protection, water supply,
utilities, access, drainage, and nearby land uses.
5. The site is not unsuitably near a church, school, theater, recreation area of other place of
public assembly.
2
FILED: SUFFOLK COUNTY CLERK 11/22/2021 01:02 PM INDEX NO. 621953/2021
NYSCEF d ZE:1. ONO.
DOC. /91,/F 7 W!A/MD3dfGLSf!A¾frd×V, RECEIVED
00pid08C¾|9!mi5i NYSCEF: 11/22/2021
0YOLùooë·¾voj/:saw-
6. The Special Exception to permit parking in a residence district comports with a parking area
as it isused for parking of vehicles without payment of rent or charges in money.
7. Access facilities for the parking for the use are more than adequate (N.Y. State Route 25
a/k/a Middle Country Road a/k/a Jericho Turnpike), assures public safety, and will not create
traffic congestion. All entrances and exits will be clearly visible.
8. On-site truck loading spaces will be adequate. Although there are no truck loading spaces on
the exterior of the building, there are two within the building.
The site does not meet the truck spaces required the ordinance. A variance for ·
loading by
same is being requested.
9. The proposed use and the parking in the residence district does not meet the buffer
requirements, and a variance of this special exception standard is being requested.
10. The site will meet the requirements for the collection and disposal of stormwater runoff,
sanitary sewage and refuse disposal.
11. The siteis not in the local waterfront area.
I2. The proposed use nor the special exception to permit parking in the abutting resident district
or the split zoned lotshall not have a significant adverse effect on the environmental.
13. The proposed use and development are consistent with the Comprehêñsive Plan of the Town
of Smithtown.
3
FILED: SUFFOLK COUNTY CLERK 11/22/2021 01:02 PM INDEX NO. 621953/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/22/2021
(c)INTERPRETATION: that under the Zoning
I believe Ordinance,the Townwas in error in (circle a permit
one) denying/issuing
because:
8. Area VarianceConsiderations.
(Allquestions
must be answered.Attach sheets if necessary
additional
1, The variance(circle
one) would/wouldnot producean impact on adjacent properties
or the neighborhood
because:
2. The request (circle
one) is/is not substantial
because:
3. The benefit
(circle
one) can/cannot by an alternative
be achieved because:
4. The variance(circle
one) would/would on the environment
not cause an adverse effect because
5. (circle
The difficulty one) was/was or a former
not created by the applicant owner because:
9. Specialexceptionstandards:Attachon separatesheets of
paper explainingindetailhow the special
exception (ordoes not meet)
each ofthe general
standardsrequiredforallspecialexceptionuses pursuant
to §322-94Gof the BuildingZoning Ordinanceand how the
specialexception does not rneet) each of the specific
meets (or standards(if for this special
any) required exceptionpursuant to #32242
ar
the Building
Zoning Ordinance• SEE RIDER TO APPLICATION
OWNER'S ENDORSEMENT
COUNTY OF SUFFOLK
STATE OF NEW YORK
REF ATTAFRFD sworn,
being du[y at
deposes and says that he/she resides ,,- __
and State of and that he/she is (the owner
in fee) ( . ofthe
Corporationwhich is the owner
in fee) o f the premises
described application
in the foregoing and that he has authorized
______
to make the foregoing
application
approva!asdescribedherein.
Sworn to me this
day of 20 2 C Signature
Suffolk
ary Public, County CH ate of NG Printor e Name
C RW I FIDAVIT
STATE OF NEW-YORK comft
COUNTYOFSUFFOLK
Stanley Bonilla beingduty sworn, for
deposed and says I am the owners attorneyowner, contract
vendee,lessee
above
of the property described.I understand
thatifthis is a special
exceptionapplh âtica
the acceptanceof this by the town
application does not
implythatit exception
meets the special that also
standards, to demonstrate
it is my responsibility to the Board
of Appealsthat the proposal
meets
and further
the standards, ifIneed any variances
ofthe for the special
standard in order exception it is my
to be approved to apply
responsibility for
as part of
those variances That
this application, all stucments are true to the best o Fmy knowledge
made in this application except
and belief, as to
stated to be alleged
the matter therein on information and as to the matters
and belief I believe the same to be true.
I hereby Board
erant the Zoning
- '-
members and municipalstaffto enter onto my
propertyforpurposes ofsiteInspection
priortopu h
Swor to before
me thi,s
day of April 20-20 Signature
Wexler | Stanle-LBonilla
Maria L
Notary Suffolk
Public, County STATE OF NEW YORK Printor Type Name
NOTARY PUBtJC,
No.01WE6226253
Reglstration Sr. V.P ,
July 20 18
In Nassau
Qualified County
Commission Explces August9, 20
Preview
FILED: SUFFOLK COUNTY CLERK 11/22/2021 01:02 PM INDEX NO. 621953/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/22/2021 "E" EXHIBIT FILED: SUFFOLK COUNTY CLERK 11/22/2021 01:02 PM INDEX NO. 621953/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/22/2021 . TOWN OF SMITHTOWN SUFFOLK COUNTY, NY APPLICATIONTOTHEBOARDOFZONINGAPPEALS Picaneseeseparates|1eetforinsinwt/mm,(fyou havequestionspleaseca!! , PlamringDept.(¼0-7540).Qrig{M(.t_ngle.r only.Faxedor pharacopies are notacceptable. Applicant: Safeguard Properties III, LLC BZA CASE # Address. 105 Maxess Road, Suite 125 0800-110--3-10 & P. 0. ... Tax Map No, 086-03-18 Melville, NY 11/4/ Propertyowner:3rG . contactPerson: Eugene L. DeNicola, Esq. Realty Corp P.O. Address: 7 Salt Hay Way P. O. Address: 200 Railroad Avenue Smithtown, NY 11787 %vvilleJ 11782 ___ Telephone No..____ Telephone No. 631) 567-1200 standing: Applicant's Owner G Contract Vendee Lessee Con tract Lessee O of an affected paTCel ( f0r intelpretBliOn8 DOly) 1. Locationof property (includingdistanceto nearest intersection) nOr th side NYS Rte. 25 315.9 feet east of Sunny Road, St. James, RI 2. as shownon the Zoning WSI & R-21 Zoning District(s) Map 3. When was the subject structure n/a (new cons truction) constructed?.. 4. What are youproposingto buildor maintain? Applicant proposes to eyet-sdfgara 92'8" 247'8" __fecility building x 5. Is the property frorn all adjoining in separate ownership properties? M 2 0 2020 (a)Ifyes,sincewhat date Ifno, what is held by the same owner? P 29AND (b) adjoiningproperty UUNú y utv tt.urw r 6. Type of Application(checkallthat apply): Area Variance setback, height, (e.g., frontage, etc.) SpecialException Use Variance retail (e.g., in a residence district) O Certificate of ExistingUse O Interpretation of ZoningOrdinance O Varianceof §280A requirernents of District Interpretation Boundary ¤ Varianceof §239K requirements Reason forApplication (completerelevantsections): of Section 322-20 subsection B Zone Ordinance of the Building is requested to (a) A VARIANCE Re.duce required side yard and rear yard setbacks to Residence District boundary building line from 50 feet to 0 feet. (SEE RIDER PAGE FOR ADDITIONAL VARIANCE REQUESTS) (b) A SPECIAL E CEPTION Ordinance under the Zonirtg is requested pursuant to §322oŸ thZoning Ordinance to to permit in a reSidence district (elecle onoperat expand/modify the following land use; parking July 2018 FILED: SUFFOLK COUNTY CLERK 11/22/2021 01:02 PM INDEX NO. 621953/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/22/2021 RIDER TO APPLICATION Application of Safeguard Properties III, LLC page 1 of3 315.9' Premises: n/s NYS Rte. 25 e/o Sunny Road, St. James, NY SCTM No. 110-3-10 7. (a) Reason for Application continued: Variance of Section 322-9 Subsection B of the Buildin a Zone Ordinance is requested to increase FAR from 50% to 152%. Variance of Section 322-63 of the Building Zone Ordinance is requested to reduce minimum reauired truck loading spaces from three (3 to zero (0). (Spaces are indoors) Variance of Section 322-62 of the Buildine Zone Ordinance is requested to reduce required parking from 169 stalls to 22 stalls. Variance of Section 322-30.1 Subsection D of the Building Zone ordinance is requested to allow mini-storage doors to be visible from a public street. Variance of Sectiôñ 322-82 Subsection C 3(e) of the Special permit Exception Standard is requested that requires the building conform with FAR, coverage, height and parkine requirements of the zoning district. Variance of Section 322-82 subsection C 3(d) of-a Special exception Standards is requested thatrequires the buffer to be equal to the depth of the encroachment. 8, Area Variance Considerations: 1. The variance requests WOULD NOT produce an impact on adjacent properties or the neighborhood because: The proposed structure will be entirely located within the WSI zoned portion of the property fronting a major east/west arterial highway. T_here will be no change in the character of the neighborhood if the variance is approved. The use proposed does not generate traffic. noise or any adverse environmental conditions. 2. The request IS NOT substantial because: The proposed use as a self-storage operation is benign. Itabuts WSI zoned property on its east and west sides for a majority of its boundary line area. The requested variance of the FAR, although may be space" statistically substantial, is nothing more than "dead storage having no effect to overburden the land, nor create an adverse effect on the neighborhood. The residential portion of the property will be left in its natural state, except for the limited area for parking in the adjacent use district. FILED: SUFFOLK COUNTY CLERK 11/22/2021 01:02 PM INDEX NO. 621953/2021 NYSCEF ldDOC. NO. 7 apitinag-jy6Me-syayw!st qXooNdMGL|P)96|wo RECEIVED 016008·9A!..p|:s NYSCEF: . 11/22/2021 EE:i 'OU9t/t 3. The benefit CANNOT be achieved by an alternative method because: The relief from the zoning ordinance can only be by the Board of Zoning Appeals. The subject parcel, although meeting the width of lot requirement, in fact exceeding same, is elongated to a depth of 1,585.50 feet (or almost one-third of a mile), and is split zoned part in an industrial zone and part in a residential zone. The entire building will be located in the WSI zone, except for parking which is permitted on the same lot as the principal use in that adjoining residential zone pursuant to a special exception. 4. The variance WOULD NOT cause an adverse effect on the environment because: The proposed use as a self-storage facility is permitted in the WSI zone. The proposed use does not involve hazardous materials. The use does not generate traffic. 5. The difficulty IS NOT created by the applicant or a former owner because: T_h_e property is split zoned. WSI and _R-21. The applicant is keeping the proposed buildine in the WSI zone, in which it isa permitted use. 9. Special Exception General Standards The special exception request herein meets the General Standards of §322-94G of the Building Zoning Ordinance as follows: 1. The proposed use is in harmony with and promotes the general purposes and intent of the ordinance inasmuch as: • It is an orderly redevelopment of a site that has an abandoned use/building thereon; • It does not generate traffic or create traffic congestion; • It islocated in a district for which the use is permitted; and zoning • R will enhance the value of land in the immediate area and throughout the Town. 2. The plot area for the proposed use is sufficient and appropriate and adequate for the use and its operation, except itwill require the parking for the proposed use to be located in the abutting residential zoning district since the subject parcel is split zoned WSI and R-21 Districts. The residential portion is unusable for the construction of a single-family dwelling since itlacks suitable access, among other developmeñt impediments. The extension for parking in the residence district is restricted to 50 feet. 3. The proposed use will not prevent the orderly and reasonable use of adjacent properties in adjacent use districts. 4. The site is suitable for the location of such use with regard to fire protection, water supply, utilities, access, drainage, and nearby land uses. 5. The site is not unsuitably near a church, school, theater, recreation area of other place of public assembly. 2 FILED: SUFFOLK COUNTY CLERK 11/22/2021 01:02 PM INDEX NO. 621953/2021 NYSCEF d ZE:1. ONO. DOC. /91,/F 7 W!A/MD3dfGLSf!A¾frd×V, RECEIVED 00pid08C¾|9!mi5i NYSCEF: 11/22/2021 0YOLùooë·¾voj/:saw- 6. The Special Exception to permit parking in a residence district comports with a parking area as it isused for parking of vehicles without payment of rent or charges in money. 7. Access facilities for the parking for the use are more than adequate (N.Y. State Route 25 a/k/a Middle Country Road a/k/a Jericho Turnpike), assures public safety, and will not create traffic congestion. All entrances and exits will be clearly visible. 8. On-site truck loading spaces will be adequate. Although there are no truck loading spaces on the exterior of the building, there are two within the building. The site does not meet the truck spaces required the ordinance. A variance for · loading by same is being requested. 9. The proposed use and the parking in the residence district does not meet the buffer requirements, and a variance of this special exception standard is being requested. 10. The site will meet the requirements for the collection and disposal of stormwater runoff, sanitary sewage and refuse disposal. 11. The siteis not in the local waterfront area. I2. The proposed use nor the special exception to permit parking in the abutting resident district or the split zoned lotshall not have a significant adverse effect on the environmental. 13. The proposed use and development are consistent with the Comprehêñsive Plan of the Town of Smithtown. 3 FILED: SUFFOLK COUNTY CLERK 11/22/2021 01:02 PM INDEX NO. 621953/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/22/2021 (c)INTERPRETATION: that under the Zoning I believe Ordinance,the Townwas in error in (circle a permit one) denying/issuing because: 8. Area VarianceConsiderations. (Allquestions must be answered.Attach sheets if necessary additional 1, The variance(circle one) would/wouldnot producean impact on adjacent properties or the neighborhood because: 2. The request (circle one) is/is not substantial because: 3. The benefit (circle one) can/cannot by an alternative be achieved because: 4. The variance(circle one) would/would on the environment not cause an adverse effect because 5. (circle The difficulty one) was/was or a former not created by the applicant owner because: 9. Specialexceptionstandards:Attachon separatesheets of paper explainingindetailhow the special exception (ordoes not meet) each ofthe general standardsrequiredforallspecialexceptionuses pursuant to §322-94Gof the BuildingZoning Ordinanceand how the specialexception does not rneet) each of the specific meets (or standards(if for this special any) required exceptionpursuant to #32242 ar the Building Zoning Ordinance• SEE RIDER TO APPLICATION OWNER'S ENDORSEMENT COUNTY OF SUFFOLK STATE OF NEW YORK REF ATTAFRFD sworn, being du[y at deposes and says that he/she resides ,,- __ and State of and that he/she is (the owner in fee) ( . ofthe Corporationwhich is the owner in fee) o f the premises described application in the foregoing and that he has authorized ______ to make the foregoing application approva!asdescribedherein. Sworn to me this day of 20 2 C Signature Suffolk ary Public, County CH ate of NG Printor e Name C RW I FIDAVIT STATE OF NEW-YORK comft COUNTYOFSUFFOLK Stanley Bonilla beingduty sworn, for deposed and says I am the owners attorneyowner, contract vendee,lessee above of the property described.I understand thatifthis is a special exceptionapplh âtica the acceptanceof this by the town application does not implythatit exception meets the special that also standards, to demonstrate it is my responsibility to the Board of Appealsthat the proposal meets and further the standards, ifIneed any variances ofthe for the special standard in order exception it is my to be approved to apply responsibility for as part of those variances That this application, all stucments are true to the best o Fmy knowledge made in this application except and belief, as to stated to be alleged the matter therein on information and as to the matters and belief I believe the same to be true. I hereby Board erant the Zoning - '- members and municipalstaffto enter onto my propertyforpurposes ofsiteInspection priortopu h Swor to before me thi,s day of April 20-20 Signature Wexler | Stanle-LBonilla Maria L Notary Suffolk Public, County STATE OF NEW YORK Printor Type Name NOTARY PUBtJC, No.01WE6226253 Reglstration Sr. V.P , July 20 18 In Nassau Qualified County Commission Explces August9, 20