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HomeMy WebLinkAbout6025 j S�'i�7Gt. � �aG�,e � ��ov��h�x�A • 3� i �1 s 6-/ �11 � Zo";(21 � L APPEALS BOARD MEMBERS OF SO Mailing Address: James Dinizio, Jr., Chairman ��� ypl Southold Town Hall O 53095 Main Road•P.O. Box 1179 Gerard P. Goehringerc Southold,NY 11971-0959 Ruth D. Oliva Office Location: Michael A. Simon ,^�aa�Q Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman lyevu 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD ,� Tel. (631)765-1809•Fax(631)765-9064 1 U L 2 6 2007 /7 FINDINGS, DELIBERATIONS AND DETERMINATION Mtho d Tom .2e:r MEETING OF JULY 12, 2007 ZB File No. 6025— Roger P. and Constance A. Smith Property Location: 60015 Main Road, Southold CTM 56-3-10 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that.this review falls under the Type.II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicants' 60,054 square foot parcel has 90 feet along Main Road (S.R. 25), 481.52 feet in depth along the westerly side lot line measured from the Main Road to the L.I.R.R., 141.95 feet in width along the rear lot line. The property is improved with a single-family, two-story frame dwelling and accessory single-story frame garage, as indicated on the March 31, 2005 survey prepared by Burton, Behrendt, Smith, P.C. BASIS OF APPLICATION: Based on the Building Inspector's January 22, 2007 Notice of Disapproval citing former Code Section 280-15, and based on the current Code Section 280-15, the applicant is requesting a new accessory garage on a parcel containing 60,054 square feet: (1) proposed at 5 feet from the property line instead.of the current code requirement of.20 feet, (2)with dormer construction at the roof which exceeds the code limitation of 40% of the total roof width, (3) at a proposed height exceeding the code limitation of 22 feet to the top of the ridge, and. exceeding the former code limitation of 18 feet to the mean height. In addition, the applicant is proposing an accessory pergola partially in a side yard near their house with a proposed setback of 9'6" from the easterly side lot line, instead of the code-required rear yard located 20 feet from the side property line and less than 10 feet from the code (former provision in effect prior to the Town's code change adopted January 16, 2007 pertaining to setbacks and height of accessory buildings). The January 22, 2007 Notice of Disapproval cites former Code provisions concerning a minimum 10 ft. setback and maximum limitation of 18 feet at the mean height. The current Code Section 280-15, which has been in effect, during the processing of this application, was adopted January 16, 2007 by Town Board under Local Law. Resolution 2007-127, requiring that new accessory buildings not exceed 22 feet to the highest point of the ridge, that the minimum setback shall be 20 feet as well as a rear yard location, and dormer construction shall not exceed 40% of the total roof width. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Page 2—July 12,2007 ZB File No.6025—Roger P. and Constance A.Smith CTM No.56-3-10 Department of Planning issued its reply dated May 2, 2007 stating that the application is considered a matter for local determination, as there appears to be no significant county-wide or inter- community impact. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 31, 2007 and June 28, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants are proposing a new garage and an accessory pergola structure: 1) The new garage is proposed with two stories, five (5) feet from the side property line instead of the current code requirement of 20 feet. 2) The new garage as originally proposed will have dormers that exceed the code limitation of 40% of the total roof width. 3) The height of the new garage is requested at 22' 7" instead of the code limitation of 22 feet to the top of the ridge. 4) The proposed pergola will be located in a side yard instead of code-required rear yard with a 20 ft. minimum setback. AMENDED RELIEF REQUESTED: During the May 31, 2007 public hearing, the applicants were requested to consider alternative plans, possibly three alternative plans (A, B and C) that would show a location of the garage in the rear yard with more setback conformity to the code requirement, as well as considering one of the Board member's requests to turn the 24' by 40' building in the opposite direction and gaining setback from lot line, possibly at 15 feet, for more conformity to the code). After further discussions at the hearing, the applicants acquiesced, saying they would consider submission of alternatives. On June 18, 2007, the applicants submitted an alternative site diagram, an elevation drawing showing a different building with modified roof line, amended first and second floor diagrams (adding a half bath and increased size), after removing the dormer construction and creating a different roofline to meet the dormer restriction of the zoning code. The applicants also submitted an amended site drawing dated June 13, 2007, with a proposed modified accessory garage modified to show a change in the configuration and size at 40 feet by 36 feet at its widest measurements (variables shown 24' plus 12' by 40'), instead of the original garage/barn proposed at 40 feet by 24 feet. In addition, a written outline was furnished by the applicants re-stating their desire to remain at 5 feet from the westerly side line instead of the 20' code-required side setback, maintaining the same maximum height at 22' 7" to the top of the ridge instead of the code limitation at 22 feet in maximum height, and maintaining the same desire for a pergola and raised terrace/patio. FURTHER AMENDED RELIEF: During the June 28, 2007 public hearing, the Board again asked the applicants to consider alternatives that would bring the garage into more conformity to the code 20 ft. minimum side setback requirement, other than the requested five or seven foot setback from the westerly lot line. The applicants confirmed they could only agree to an additional two feet, for a 7 ft. minimum setback instead of their original plan and amended plan. Page 3—July 12,2007 ZB File No.6025—Roger P.and Constance A.Smith CTM No.56-3-10 REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants propose to demolish an existing nonconforming 18 ft. by 20.1 ft. one-story garage which is situated +/-87 feet behind their home and 2.5 feet from the westerly side lot line, and to build a new 40 feet by 36 feet at its widest measurements (variables shown 24' plus 12' by 40) at 7 feet, or less, instead of the code-required 20 feet. The existing dwelling is +/-51 feet from the front lot line and nearly centered between the two side lines in the front yard adjacent to the street. Behind the applicants' dwelling is a large rear yard consisting of 141 feet wide by 324 feet deep, landscaped with several mature maple and other mature trees, all shown on the March 31, 2005 survey prepared by Burton Behrendt Smith, P.C.; also noted in the L.I.R.R. along the northerly lot line. The applicants indicated there is a significant change in elevation when leaving the old garage and stating if the setback is increased it would require a great amount of fill. The applicants also indicate that they can capture the water runoff on site and for water runoff from the roof that abuts the westerly neighbor's property by installing drywells from roof leaders and gutters. There is no doubt that there is a significant amount of area in the rear yard of this home. The aged walnut tree and the difference of elevation when deviating from the immediate rear yard of the home lend to the reason to grant an alternative setback for location for a new garage/barn. 2. The alternative relief granted herein is substantial. It represents nearly 25% reduction of the code required 20 ft. setback with the grant of alternative relief for a 15 ft. setback. 4. The difficulty has not been self-created and is related to the mature trees and grade of the land near the old garage. 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 minimum action necessary and adequate to enable the applicant to enjoy reasonable use of his property for a larger garage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Oliva, and duly carried, to GRANT the variance with respect to the pergola/patio area, as applied and shown on the December 2006 site plan A-1, and elevation plan A-3, prepared by Burton, Behrendt Smith, and to DENY the setback variance as applied for concerning the proposed accessory garage, and Grant Alternative Relief with the following Conditions: 1. Allow a minimum setback at 15 feet from west property line, 2. Allow a maximum height of 22 feet 7 inches as applied for, Page 4—July 12,2007 ZB File No.6025—Roger P.and Constance A.Smith CTM No.56-3-10 3. Allow plumbing for the requested half bath (sink and toilet), 4. No habitability of the accessory building, and 5. Accessory building shall be unheated (as proposed). That these ZBA conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva, Goehringer, Simon, and Weisman. Nay: Chairman Dinizio. This Resolution was duly adop (4-1). es 11 Dinizio Jr., airma Julyr Approved for Filin ' RECEIVED `�- V-_ � '1,3 k n1. JUC 2�, 2ma SOUL old TOwn Clerk BUILDER'S JOB NO. TITLE NO. J� TOTAL PLOT AREA: 60,054t S.F. ,y ,y. ,bb leer /W • h h •`h- .J try• � / ,p1 h \h9 06 A / ,pry • b!�. 'Y9 ry ,�0 1m�.1Bff lar m ZA �ry9 r0 O C ry0 O \ %�`�� rya � b�i.�, ,ry�o •� 16 CON:SLAB,61 SBA d FRAME �{ ,�. QFL 17 3.WEE b [' A� NO vm b1 py ,�6 �" � � �1 a� Ica►'�� � rL� J � O -7L113 �h6 •�-:� •O�,`.y- � 1 �p-� �Et�ffevlff�ItsA�ptl�easffE�aa FMBL DI9a A1FEf WNNII� W=IikBaalDIE&MBA WMW=709FHaIKSBK�ua=WsM e°+ ��FJiIEiIE�S��LQ �19Y1LIWE�101EAM MGMDEMCF 16S�QEIIBQR��arlllEt��®g�f61A��SQ�ADaDII II fDIIf Df11�Q4�iiffAEIQS�8i f01B�ULMarimm 8"AMONS SHOYM fN`REON REFER M N.G.V.D. ORMliE=UBPMMADDI5E IIEl1E0MM�ARUMM MM AIIlOffA9AEBEE1�N61�C MlEDf�IMWLE 4190=1= SUFFOLK COUNTY TAX MAP DISTOOOO 'SECT:056 BLK:03 LOT:10 BURTON BEHRENDT MAP OF DESCRIBED PROPERTY SMITH PC LOCATION: SOUTHOLD ENGINEERS TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK ARCHITECTS SURVEYORS SURVEYED: MARCH 31 , 2005 244 EAST MAIN ST. CERTIFIED TO: ROGER P. SMITH AND CONSTANCE A. SMITH VENTURE TITLE AGENCY, INC. PATCHOGUE, N.Y. 11772 (631) 475-0349 SCALE: 1 " = 50.00' FILE NO: 05-207 FAX 475-0361 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 31,2007 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held b,y the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MAY 31,2007: 10:05 A.M. ROGER P. SMITH and CONSTANCE A. SMITH #6025. Request for Variances: (1) based on the Building Inspector's January 22, 2007 Notice of Disapproval citing former Code Section 280-15, and (2) based on the current Code Section 280-15 concerning the proposed accessory garage construction which will exceed the code limitation of 40% -For dormers. The Notice of Disapproval cites the former Code provisions concerning setback and height requirements (citing 10 ft. as a minimum setback and 18 ft. as a maximum mean height). Current Section 280-15 as amended by Local Law states that accessory buildings shall not exceed 22 feet to the highest point of the ridge, and that setbacks shall be not less than 20 feet (when located in a rear yard). In addition, a Variance is requested to locate an accessory pergola in a side yard (rather than the code-required 20 ft. setback when located in a rear yard). Location of Property: 60015 Main Road,Southold; CTM 56-3-10. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at(631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: April 30, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO,JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 1 ^cbncern1�+40wp�dS'Ed Afton ib design Ch$ratldke files e't l F SeeiT ' d fit, . o�atfdY?zg 'ew'$j,itp YLuj 1 /'' `Y $ t �Sk9r, 41 a s }oU' andrtp'Ott+thda 1 lTl 5 E abe IfrSSAStlStf17sYipgpq[t hh3Y9u�UdnsY I 6 040 AM SUS y ' d InSt lieslt4�#$ [Fb'dnt{ie�liu oftCe b9#� tO"�-�7'�LE aY(d3'1 76 1§09 Re nbs { �'Var "ifu er KoEV )lu 3own tifholdn usl rnda Sectxgn 2g l '9 Fetl bid t�tefiBud Insp�ct3C s"rJauU 3D 0p� '� � �§�e�IvTay 47011j4 ° a + I?,sal?P,Yorv` cpnE tn1u�an a}�pcaho f r 20NII�G)jO,�RD O #1 f'PL .r fot a�t;ulltim e ": p .�MES DIIVTZ OR.`CFPryI &p rpott�fo Font ad x �tlops andvalrefai(yopstto heiglaslm �ylmdaT�4wulskt ugt g fo tore S4SZSlylaiti (Office pcaCi�n) Fi atc,eRdgueyt til UtlPru4 Pras"A arit<,khe codgw 495 7e�n Road(I>Q t�1rOg�p bk=1 ) 1979 m th o�Ze 9mle ya 9e05 - Matutf 1)USck Q� �A 12 A$�yZNY.. JIt#5039 egttoglf t.a}xgFjance,fFom $ecjiop?280 124sibased op}thp�uildjng 1a5spector's(vTaY 2,<20f1z NOtiee:,of Dis= approval csmcenung aaappll¢atton fqr a buildipg perm tofconatnteC:a hwitq- mmg pool vyt attot coverago:jn excess of Yhecodd lrmi[atiQn.oE 7�OWo-�oF+this 1488$ tluare ft lot Looyhon pfrProiis etLy 680 MWesturew,Dnveu,IVIryttRdttlr;. GTM 139 1,15 � <. 1115 A M¢TTi(SMASrBXRNE and VERONICA KAIsISKLi16 � . av��' IZd��bnsed'�on�tliezg� . speetor'? Fbbrtiaty 20+20D7,Nottce oFDesa�iprbval�3nceitimg an,apph�a-:. udn for Uwldmgeitf to}rtinstruct. as built,agr(idw aild,pons'/�tei=ahbns ' to ttie e'l tsitttg stiTpzle faroil dwellmg, werch arc les th�h''35'fegt ryfti`n(lYe fibepr t9:ling Less than 75 feet froid the bulkheadY and IegS'than0 feet on a . Mw stil se yard Locatiop of l?rdperty 234)5 Ba w Aveque(comer)South 5�ir4G.�4,�.1tif 11C�C r gld 'L°�1 S6U� ,OItP_Ql 11T,ZQ G 1125a1uS �T,CKRLJKt�6fl,4 Le ARb OF A7}13EA;S quest foxVanapces finder b`eelions TIIl1RSDAY MAY31;2007 15 based f ortan applicationgr a:buad `- PUBLICHEARILV,GS mgpe¢q�, andt(teBUddmpInspectoF: , NOTICE-19' EREB1(GI;u)?L{par April 19;j,�003,and el?ruary. 1;30D'7. suanffo�ecuon267 of theTowht Law,: Nonce; of,Dtsapprova}t conge}aptig and Chapter 1Q0;(Zonmg) Cgde1of the prOpgsnd.hccegsory yw,,mmmg p¢l�antl . Townof SoutTiQld[he fol40wing pubhe; accessory::,garage locptions m a);d hearings mll b{a 2leld byi the SOUTFI' oWec than fbe code-;equ¢ed reard; OLD'TOV�N ZONING pOARD�P a[g0135 Copty Rgad 48(antla..Iti1t dle" APPEALS a�the Town FIall 53095`: Road or�Nacthl oo ) $oath Mam;Road PO;Box 1179,�outhold- 59 9 305-; c -is-""t6 -. NewYork11971t0959 MYTH IYRSDAf L140rQlvlrtTHQIvIA MAY31 2007 y!r DI{1 DT,QIVLINEI i 5.Regijes ' 9:3D A M DR_LArYR)yNCE K�L. a Vanance undet SeCtlotu28D`15y-6a eil .' LY>i6026 Reflu;'st far a Variance uii- on the dmg Ynsgecfizr s)dvIar)1;2;1; derGode5ecti0n 28¢86 4,46d on the! 2007 Natick of b,sappropal-cobee.[nr�g Budding Ipspecfors January+2 2007- an�appucatton for,a:builE Pb, 20 NoUceofDzsapptbvalegdcerdtn'�apfd construct'�an acCe��dry hbt tyb/paz po posed grdund tdertttflcahpn,g,gn wlpch structure in a yazd4t, e'f(ran"a+co.o- will beylarger than�two gquare�leefw •requaed�ie}aft'yaid�"andproposing, iu. area'at 26270 Mam Road{C`utchggue � the fronY.yazd a�dlacepl;to C�.edat:+ �; CI'Iv1�10933 -: 1 Locahon:ofProperty,Y065tAtG l¢f 9i35AM PECONICRECYCI;ING-� DnvetEd§tMandd�C'I'N138-4-1$. AND',TRANSFER CORP("and CQM E121 20EM M0 4 LESSIE#Cp28 Re E MER,C EASZ NE LLO lfy TORN cjGesj far:a Yanance updhr SIR i 2$0 M. IJIVELLO).rF#6030 RJ q- R 315�{t3asec5 bn fhd+T3zA—uildthg; speEtQi3s.J Area`Vanances Under Sections 280 59 FeSivary20$206TIVot[cCofb,sappioval 280 60A and C based on the.Buildmg co4c�rm$g&,propose ,siVigtnung pogl Al 1 aeC r,'i' nce'rhnin 2to q dbe df �vitit aesete la ack tpe'ts tiha h' dd ed iup�s.'I7t`�'B{{tldm'g�ns�eefo�St'ates��t :�qut�et7�50�Y`e��' o1��fh�e frpKnt`p�r'�'��y ' 'the btiildmcons{rucUonwt(1tr� ljless. 7}nepruthts3,?�g,�sytprCl��•17s0eD. AV n 75 fee[frOmihe rk�r prgperty line CedaPgtpttrve T;ast S3�ut6oldJiM (2)less than 100 feeC fToin(he nhtof Yl 1 S way{also'a'frot prgp`errye)end j3� 11Z`35 PIvJA $f,.'ar pjD. greater than 6Q earleetyfa�e l}60�� Requ'dstlq r :�'Yanan oiler (waach) Logah$n 9(,Pt° e`ty CPS Sectt$n 01 C4}tCug reygest`. merge,1#1 a an pro d rrglit oftwa ;(o amend- udtimg P�ermtS No�2{�82 z rorro`ad'(rlttchogue C�Ivp9$j�-5 i. �'cgpcermn�arpytvj�wel{tng ugdP}•jcoq-- 1O t75 A(v1`�LOGFR.2' MITH aqd struptton,._tv,¢tlhtgq ve%sYtop gf 1he flrti4, CONSTANCB.S.S -if<6025 Re floor atUc�2rea to,,a#hushed flgg area,: quest for Vanances (1)based oh th6 determ 60 to be a[Bird story uniler.the. Building Inspeefor s January 22 2007,.'.'Buildmg Ipspe�ton Apn12,20b7 No; Notjce og Drgapproval ct6gg„,onner hce o Disapproval l::oc%hQ-.pf Prop �.n C6de Section 280=15 andl(a)based on erty 780']'nvate Road#17 Southold;.. fJ V`ti�1 the current COde.::SecuOn 58�1n5 con CCTM8�3.71 t , ce2mng She pr3pdsed aeces orx azage 0 PryI>AMYL and CE. STO.. . . ...------- — ----..-- conStruchvt,'iYhrClatvil{,exce�e,tlLecodex+ll:�ffI,EERI�S� 1Y#�6(1(1,4(conttgitedrfor. . ... . _. . taSion otr4Q)o fdr dottYiers Thesu�A;ard.nd(ents rltegU sY for .a>g¢es Nohec brf 17,sapproval cites flYe former i2r Uride k}Seplto'bg J: 8040 2$0 15 :280 Code';provtstonSis'concenUng,-setback .4�12based�n the4p `ants t apd height requirefnepts(cituig 10 ft as r8g st}for a'b ildnig perhut auii Fie_- 3 minhitum s6tbacK aifid 18 ft as a,nja?q,,0r7,Bpi ildnrg InspeEio{s I)Ecem4e[ 6; (>06 muinxmeani(height) Curregt Section Notice of:D[sap'rove concernyag•1{1)' 280 15 as amepped qy]coal 1saQStatest a,scrpened;Perch @6 ihon propoSe'd. Jhataccessoybulldmgssballnotexceetl -less thau.lUO fhet ft iil the top of the: 22•feet to the iugliest pomt bt the edge ;>bluff adlaEep it"the L orig..Island'Sound; and.that setbacks shaD be`no[legs thane (2)propgsgd addttro s to the existtltg DLO feet(tiyhep lasted=ma rear Yard) ,dwellmg.pihich wt11.b-16s than 40,, �t-' In addition Ua{iance�as,,r giiesfed tQ ,fto'Yttrthe;; q t rgd6r. lm and:_ - ! e,�agoeb&Y Pzorc 2w y (aYher thv t]iercode igir�d2a k t" " ft Setback ghr�poca�ied lit+ fary�r#I) oCauon of Property�60a�5 Nfarq)toad }�l o ion o Pr perty 46Q Nor[ti Southold CIM56`S 10"i x t f kYi� have-OJregt Ci1H13152 10:36 r�M3 CHER'm and ERIK oard 0 A ats gall pear all TIA153EN 3i6032 Rdgiieatllor a Van €�tti t o reli entahves dgSil ance;unAerw SecCipps 280116B based d. tt'ogb'e edrd-t eaFFearmg aud/dr ont the 13 iloi igAl Os ctor s November i g 1o' btn'sbit written statentenfs 21 2005 Notice of Disapproval and ap £gefflre t17e,coUlust¢ri apt each;Bear ph§anls rgqu¢;J Aor a butl8u[�3pemU1 mg griachihdanng wdI not start ear her #8363 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 17rh day of May, 2007. Principal Clerk Sworn to before me this //7J day of 2007 CHRISTINA VOLIMMI NOTARY PUBLIC•STATE',)b i4[W YORK NO +01.v'.j610€30b0 Aualri+ � !n r'x,�{v County COMMIS®Ian 99pl106 rooruary 28.2008 'Wk, FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT �T .V �� SOUTHOLD,N.Y. 007 tt NOTICE OF DISAPPROVAL R 2 7"I ot,?-,j DATE: January 22, 2007 ZONING TO: Roger Smith a 7 ,ca�.� � 60015 Main Road /6— Southold, NY 11971 d o a C�cL Please take notice that your application dated January 16, 2006 J For permit for a dwellingadd dd&pergola&new accessory garage Location of 60015 Main Rd., Southold rt� property: County Tax Map No. 1000 - Section 56 Block 3 Lot 10 Is returned herewith and disapproved on the following grounds: The proposed construction, on this 60,054 sq. ft. lot, in the R80 District is not permitted pursuant to Article III, Section 280-15 states: "In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200, and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard." The survey indicates the proposed dwelling addition& accessory pergola structure will create a non- conformity. Upon construction, the pergola will be in the side yard. Furthermore, the proposed accessory building is not permitted pursuant to Section 280-15, which states: T "Such buildings shall not exceed eighteen 18) feet in height." "Setbacks: On lots containing in excess of 39,999 sq. ft. up to 79,999 sq. ft., such buildings shall be setback no less than 10' from any lot line." The proposed construction indicates a mean height of approx. 21', situated 5' from the lot line. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. For Office Use Only Fee:S Filed By:m Date Assigned/Assignment No. &vol 0 Office Notes: 0L'ut-4.4 EALS :2 06-7 V& + EALS APPLItATIO' N TO THE SOUTHOLD TOWN BOARD OF Parcel Location: House No. /Strect ay,! Hamlet 50001w_ SCTM 1000 Section 6-5613lock_(aLot(s) 1 0 Lot Size 1-38A. Zone District I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED. Owner as Applicant: 2 Mailin 40 Add r, . og�51 4 7Z --6AfP'f ��Telep one: -4 75 P3 Fax: 0 75-0661 NOTE: If applicant is not the owner,state ifapplicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative Address: Telephone: Fax: Ptnp specify who you wish correspondence to be mailed to, from the above listed names: /P1Vplicant/Owner(s) 0 Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED J61cav" —1007 FOR: B uilding Permit of Occupancy 0 Pre-Certificate of Occupancy 0 Change of Use 0 Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article Section 100-�W Subsection Type of Appeal. An Appeal is made for: �4Variance to the Zoning Code or Zoning Map. 0 A-Variance due to lack of access required by New York Town Law-Section 280-A. 0 Interpretation of the Town Code,Article Section 0 Reversal or Other A prior appeal 0 has as not been made with respect to this property UNDER Appeal No. Year Page 2 �d Owner: REASONS FOR APPEAL(additional sheets may be used with applicant's signature): AREA VARIANCE REASONS. (1). An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes,or ( )No. Yee This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this box( ) IF A USE VARIANCE IS BEING REQUESTED,AND P SE COMPLETE THE A TA D USE VARIANCE SHEET: (Please be sure to consult your attorney.) Sign r f Appellant or Authorized Agent (Age t mus bmit written Authorization from Owner) Sworn to before me this day of 2-6-'In 920 01 3c� 4h c C� �� Notary Public CHRISTINE L. BELSON NOTARY PUBLIC, State of New York No. 01 BE5087003 Qualified in Suffolk County Commission Expires October 27,20 q J "Appiication to the Southold Town Board of Appeals 1, Application of: Roger P. and Constance A. Smith Parcel location: House No. 60015 Main Road Southold SCTM 1000 Section 056 Block 08 Lot 10 Lot Size 1.38A Reasons for Appeal Area Variance Reasons. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted because: a) the proposed barn/garage is a replacement of the existing structure in almost exactly the same location as the existing barn/garage so that it is in keeping with the overall character and footprint of the original property appurtenances. The new structure will be held 5.0'off the property line. The existing barn/garage is 4.0'and 2,5'east of the existing property line at the southwest and northwest corners respectively. b) the proposed barn/garage design has been developed in consideration of the architectural vernacular and character of the existing house,.which has been renovated and restored to its approximate 150-year-old prominence. Perhaps more importantly the architecture of the.new barn/garage has been influenced by the overall architectural character of the North Fork in specific the barn structures of the North Fork. (The book"The Barns of the North Fork" by Mary Ann Spencer has been an influence in this design as well). c) the adjacent property to the west and the property directly across the street are spotted with varying barn/garage/farm/agricultural accessory buildings the former and active farm and latter an active vineyard and winery. d) the patio or raised terrace is in complete architectural character of the existing residence- brick veneer and detailing. e) the proposed pergola is a continuation of the architectural character of the existing residence and period home design detailing found on the North Fork. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than variance because: a) the constructed patio/terrace and proposed pergola are to be finally situated 5'-8" in front of the most"rear"wall of the house thereby creating the variance. The interpretation of the patio as an accessory"structure"or raised terrace was not evident prior to the patio/raised terrace construction. a) the house placement, driveway and driveway back up area have been retained to acknowledge and respect the original property's character. The easterly adjacent parcel which fronts on Main Road (a 60'wide X 125' deep piece) was subdivided from the original overall property thereby creating a piece of property that is"bottle"shaped-tight at the "neck"where the house resides and widens at the remainder of the northerly section of land, The patio/raised terrace location,is a by-product of all of the above mentioned property interactions. b) the garage/barn is proposed to be in generally the same position as the original barn/garage which is beyond restoration and physically undersized for any automobile/truck storage. It is proposed to be further off the westerly property line and set 6' back from its present position.. If not placed in this position it nullifies the original placement and if moved further east begins to block the free movement from the"neck"of the property to the "bellow"of the northerly position of the land. 3 � � p mppiication to the Southold Town Board of Appeals (3) The amount of relief requested is not substantial because: a) the original overall property was larger, prior to the subdivision thereby making the overall property larger and the relief less apparent. b) the patio/raised terrace and proposed pergola is only 5'-8" in front of the most"rear"wall of the house and visually undetectable from Main Road or the easterly adjacent neighboring properties. c) the placement of the proposed garage/barn actually provides a greater distance separation from the westerly property line than the existing garage/barn provides at present - I' more and 2,5' more on the southwest and northwest corners of the new construction respectively. d) the proposed barn/garage is designed to be 3' higher(2P) than the permissible mean height of 18'. This is a result of appropriate construction techniques and respecting the roof slope of the existing residence. In addition this height is negligible in comparison to the North Fork's barns and their architectural presence and character which in many cases are 15'-20' high at the eave or plate height not taking into account barn width and therefor gable slopes (often 12 on 12) and mean heights, (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: a) the proposed barn/garage replaces an existing structure of similar location and use. b) the proposed mean height of the new barn/garage is less than the existing house or the property and less than some of the barns and accessory buildings on the adjacent westerly parcel as well as in keeping in character and height with those structures on the vineyard/winery across the street. c) the proposed constructions are isolated to the overall property of this application and by their placement create no impact to the adjoining properties and in fact, such as the proposed garage/barn placement increase the present setback, d) all runoff is contained on the applicant's property. (5) Has the alleged difficulty been self-created? Yes or No a) in the case of the placement of the proposed barn/garage-no-as the existing structure is in the setback and this replacement is in generally the same area is as a result of long term property usage and character and building and construction siting. The mean height is self- created by architectural and character design, b) in the case of the patio/raised terrace and the proposed pergola-yes and no-as the interpretation of"raised terrace"was misunderstood and placement set the structure forward of the rear building line but respecting the original property utilization and its overall size reduction and new shaping the placement is logical and neighborhood and North Fork character respectful, 4 2 n �L OR 5 Z007 April 4, 2007 1; PPSA.. ®F A Town of Southold Zoning Board of Appeals 54375 Main Road at Youngs Avenue Southold, NY 11971 Attention: Ms. Linda Kowalski Re: Application of: Roger P. and Constance A. Smith House No. 60015 Main Road Southold SCTM 1000 Section 056 Block 08 Lot 10 Lot Size 1.38A Dear Ms, Kowalski, Attached please find two pages of additional information to"amend the application for additional variance relief' at the above referenced residence, This additional information is provided for the Board of Zoning Appeals consideration of three (3) additional variances as a result of the Town Board's adoption of Resolution 2007-127 Local Law No. 2 of 2007, They are: * (1) Chapter 280-15-B Maximum height of a building on a lot sized between 60,000- 79,999 cannot be greater than 22' from existing natural grade to the ridge on a sloped roof that has a pitch equal to or greater than 3:12. The depth of the proposed garage/barn is 24'and the roof pitch has been designed as a 12 on 12 to match the roof pitches of the residence which have been maintained and enhanced since the 1850's, This geometry would create a ridge of 24' above existing natural grade on the west and slightly higher than 24' on the east side due to existing natural grade variances. The 24' has been designed to accommodate new automobiles and antique trucks and the ability to completely walk around same when inside the garage. The 12 on 12 pitch is paramount to the "correct" architectural character of not only this single family home but barn structures in general especially throughout the North Fork. The "proportion" and wonderment of these structures is further manifested in their long deep sloping roofs and majestic heights often out of proportion to the residences they serviced but aesthetically and functionally accurate in and of themselves, r Zoning Board of Appeals Smith Residence 60015 Main Road Southold April 4, 2007 Page 2 * (2) Chapter 280-15-B That the accessory building have a side yard setback of 20'. A variance of similar request is part of the original filing of this application. The garage/ barn is proposed at 5' off the west property line. This is greater than the existing and in keeping with the overall original property character and site restraints and characteristics. Please _see a greater explanation of this issue elsewhere in this variance application, * (3) Chapter 280-15-D That dormers are permitted on accessory buildings up to forty(40%) percent of the roof width, The dormer proposed on the garage/barn is eighty (80%) percent of the roof width or 32'wide out of a total of 40'. This design was developed over the past year and one half (1 1/2) and submitted to the Town of Southold Building Department in its visual and architectural entirety. A forty (40%) percent dormer would be architecturally and functionally inappropriate. In lieu of the cohesive design proposed the dormer would resemble a poorly conceived and detailed roof projection not in keeping with the wall detailed existing residence and the well designed garage/barn. Very truly yours, Roger P. Smith,AIA 1 Town,of Southold Zoning Board of Appeals Application of: Roger P, and Constance A. Smith Parcel location: House No. 60015 Main Road Southold SCTM 1000 Section 056 Block 08 Lot 10 Lot Size 1.38A Additional Information: The design of the garage/barn that is part of this application has really taken place over the past one and one half (1 1/2) years. Upon the purchase and renovation of this wonderful 1850's home, it became clearly evident that the existing garage/ barn was beyond restoration and too small for 21�' century use as a garage. The overall design, size, site placement and overall configuration are a result of this 18 month process, This application was submitted to the Town of Southold Building Department and logged in or stamped received January 16, 2007. It is totally coincidental and was unknown to the applicant that the Southold Town Board was adopting new regulations - a local law entitled "A Local Law in relation to the size, height and setbacks for Accessory Buildings"on the same day-Local Law No, 2 of 2007, Upon submission in March 2007 of this application, the applicants were made aware of these regulation changes. This additional information is provided for the Board of Zoning Appeals consideration of three (3) additional variances as a result of the Town Board's adoption of Resolution 2007-127 Local Law No. 2 of 2007. They are: * (1) Chapter 280-15-B Maximum height of a building on a lot sized between 60,000- 79,999 cannot be greater than 22'from existing natural grade to the ridge on a sloped roof that has a pitch equal to or greater than 3:12. The depth of the proposed garage/barn is 24' and the roof pitch has been designed as a 12 on 12 to match the roof pitches of the residence which have been maintained and enhanced since the 1850's. This geometry would create a ridge of 24' above existing natural grade on the west and slightly higher than 24' on the east side due to existing natural grade variances, The 24' has been designed to accommodate new automobiles and antique trucks and the ability to completely walk around same when inside the garage. The 12 on 12 pitch is paramount to the "correct" architectural character of not only this single family home but barn structures in general especially throughout the North Fork. The "proportion" and wonderment of these structures is further manifested in their long deep sloping roofs and majestic heights often. out of proportion to the residences they serviced but aesthetically and functionally accurate in and of themselves. * (2) Chapter 280-15-B That the accessory building have a side yard setback of 20'. A variance of similar request is part of the original filing of this application, The garage/barn is proposed at 5' off the west property line. This is greater than the existing and in keeping with the overall original property character and site restraints and characteristics. Please see a greater explanation of this issue elsewhere in this variance application. * (3) Chapter 280-15-D That dormers are permitted on accessory buildings up to forty (40%) percent of the roof width. l � 1 Town of Southold Zoning Board of Appeals The dormer proposed on the garage/barn is eighty (80%) percent of the roof width or 32'wide out of a total of 40'. This design was developed over the past year and one half (1 1/2) and submitted to the Town of Southold Building Department in its visual and architectural entirety. A forty (40%) percent dormer would be architecturally and functionally inappropriate. In lieu of the cohesive design proposed the dormer would resemble a poorly conceived and detailed roof projection not in keeping with the wall detailed existing residence and the well designed garage/barn. (4) Chapter 280-15-C On lots over 60,000 SF, no accessory building shall exceed three (3%) percent of the total size of the parcel. The proposed garage/ barn has a first floor area of 960 SF and a second floor area - loft/storage/workshop-of 656 SF for a total of 1616 SF. The first floor is 1.5% of the lot area and the total floor area for both floors is 2,7%of the lot area- Therefore no variance is required. The applicant is an architect with many hobbies and crafts and as such is seeking space to continue those hobbies and crafts for personal purposes and in addition as the existing property has only the existing garage/barn for outside storage of vehicles, equipment and patio and lawn furniture and appurtenances more space is required for same at full height not within a pitched roof attic. The dormer is placed on the north side of the proposed garage/ barn therefore visible to the LIRR and rear yard not Main Road. It also provides appropriate natural light to the second floor space for artwork design and development. The applicants are willing to covenant and restrict that this second floor area will not be used for any other uses then those proposed herein. * (No.) Represents additional variance request. (The actual effective date of this local law is unknown as the filing date with the Secretary of State is unknown). -1i t y - APR 5 2007 CL- 2 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subjec premises listed on the real estate market for sale? ❑Yes 0o B. 'Are thereory proposals to change or alter land contours? ❑Yes ?`1_10 C. 1)Are there any areas that contain wetland grasses? f° 2)Are the wetland areas shown on the map submitted with this application? 3)Is the property bulkheaded between e wetlands area and the upland building are/ IVIA 4)If your property contains wetlands or pond areas, have you ontacted the office of the Town Trustees for its determination of jurisdiction? A Please confirm status of your inquiry or application with the Trustees: D. Is there a depression or sloping el vation near the area of proposed construction at or below five feet above mean sea level? E. Are there any patios, concrete barriers, bulkheads or fe ces that exist and are not shown on the survey map that you are submitting? `( 11 � (Please show area of these structures on a diagram if any exist. Or state"none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? 0 If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? If yes, please label the proximity of your lands on your map with this application. H. Pleasp list present use or operations conducted at this pa cel 5;netle Aqw-,i) C, and proposed use �jA e Gt ,' ry ✓GtyP� dire ( a es: ti • si mily; proposed: sam with ga .) o7 Agri AgrelLe Signature and Date 2/05 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: <" �'�� -A .a Date Prepared: ® lie— 107 �-� I. For Demolition of Existing Building Areas ' Please describe areas being removed: 9/ %, a a II. New Construction Areas (New Dwellin oT New Additions/Extensions): Dimensions of first floor extension: 7� WX 94 1 0 (76 —!p Dimensions of new second floor: 46 Y W 117 t,1: 4� �A= Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes,please rovid height(above ound) measured from natural existing grade to first floor: .A'M �' CI� i•� o�a1 III. Proposed Alterations or Interior Structural Changestho> enlargement/extension (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Z oq'�°° 'ate Proposed increase of building coverage: 600 `�' r Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction Requested: VI. Please describe the land contours (flat,slope % etc.)as exiist and ow it relat s to the difficul in meeting the code equirement�: 'ff�! 8' - wr Ple'a"se sd9nfit seven (7)pho os,labeled to show ad yard areas Yf proposed constracdon after ppew'&A ) staking corners for new construction), or photos of existing building area to be altered (area r-.-,A As of requested changes). ,,c.,J7SiAq �ilo?'ve"rss�qq 7/2002; 2/2005; 1/2006 �� v� Sl S t1f 'f I 7d4ni Standards Used by the Southold Town Zoning Board of Appeals to Review Area Variance Applications In Accordance with TOWN LAW 267-B,3* "Area Variance" shall mean the authorization by the Zoning Board of Appeals for the use of land in the manner, which is not allowed by the dimensional or physical requirements of the applicable zoning regulations. (b) In making it's determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighted against the detriment to the health safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider: 1. whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; 2. whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance; 3. whether the requested area variance is substantial; 4. whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; 5. whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of an area variance. (c) The Board of Appeals, in the granting of such area variances, shall grant the minimum variance that it shall deem necessary and adequate, and at the same time preserve and protect the character of the neighborhood and health, safety and welfare of the community. Imposition of conditions. The Board of Appeals shall, in granting of both use variances and area variances, have the authority to impose. such reasonable conditions and restrictions as are directly related to an incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the zoning ordinance or local law, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community. *Effective July 1,1992,the change eliminated the previous required showing of"practical difficulties"and"unnecessary hardship". 14-16-4(9/95)—Text 12 PROJECT I.D. NUMBER 617.20 SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only -PART i—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICAlSPOR� �+ cat tQ 2. P�J�ECONE 96e-,% 3. PROJECT LO TION: �� Qp�- Cv Municipality 1, County � �D //��;om 4. PRECISE LOCATION(Street address and road Intersecllons,prominent landmarks,etc.,or provide map) 5. iS ROP SED ACTION: — ❑Expansion ❑Mod iflcationfalteratlon 6. &ESCRIBI PROJECT BRIEFLY: q 1 . �j`�d,` �.I (font at A '94 X 4V �e e S►'�3 P4, S� '�rtl�aLe Gtr ecni w� �e''�d 7. AMOUNT OF LAND AFF CTED: Initially • acres Ultimately ' ®� acres 8. WILL PROPO A TION COMPLY WITH EXISTING ZONING OR OTH EXISTING LAND USE RESTRICTIONS?�i J ❑Yes II No,describe brief �) 6j�AGVb1 6iid4'9 %04 4 vtanS IW 5�1�6i�t 5 � 'f'ts fir.B) Qsq/ 4^d k{. C'I", 9-44001'1es�e r vtie�xi f z,Sbc `+..�✓ear 9XDescr PRESENT LAND USE IN VICINITY OF PROJECT? tlal ❑Industrial ❑Commercial Agriculture ❑P��,a�/1�rk�/Forestl0 en space ther : . Cc J e9�J� o` V, is ts�deGtwv6' , a►c��'fl 1 ! 0 Y+rP 'lS S -�' .b � B� 1�Xdmi�d/ PA'Orl� — �IW ��ICgpwgc► 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, ST T�. ❑'LOCAL)? Yes No If yes,list /�aQ�en�cy(s)y�and permltlapprovals• — 150 Q' � �� � 1J✓iI � �fJtYTnt.o4�j' 9J1/d �� 11, DOfiS ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yas ❑No if yes,list agency name and permiVapprWai 0 A 12. AS A RESULJRF',PROPOSED ACTION WILL EXISTING PERM[TIAPPROVAL REQUIRE MODIFICATION? ❑Yes o 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE 47> �. .S%A A Date: �•l5 �!3 Applicant/sponsor name: / Signature: It the action is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER J PART II—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. 00E5 ACTQN,EXC ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? II yes, coordinate the review'process anc use the FULL EAF '.Yes E. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No.a negative cectaration may be super bed , another involvec agency, Yes C. COULD ACTT N RE51 117+ IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (A,—wers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production at disposal potential for erosion, drainage or flooding problems? Explain briefly: I1 tl� C2. Aesthetic, agricultural. archaeological, historic,or other natural or cultural resources: or community or neighborhood character? Explain briefly: CJ. vegetation or fauna. fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: NJ0 CS, A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or Other natural resources?Explain briefly, C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not identified in C1•C5? Explain briefly. C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly. D. WILL THE PR EC AVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? r Yes o E. 15 THERE, 09N.5 TPOE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? 'J Yes o If Yes, explain briefly PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it.is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban.or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed, if' question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ❑ Check this box if you have identified one or more potentially large or significant adverse irripacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination_ Name of Lead Agency Print or Type Name or Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different trom responsible officer) Date 2 Y � r RANSACTIONAL DISCLOSURE FL—I °r APPLICABLE TO OWNER, CONTRACT VENDEE AND A GENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers r.: and employees. The purpose of this form is to provide information, which can alert the Town of =.. Possible conflicts of interest and allow it to take whatever action is necessary to avoid same. A. (Last name, first nanfe, muddle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"Other"name the activity; Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes b blood, marriage or business interest `Business interest" means a business iricludin a .partnership, in which the Town officer or employee has even a partial ownership of or employment by) a corporation in which the Town officer or employee owe than 5% Qf _ _ StlareS YES NO If you answered "YES") complete the balance of this form and date and sign where indicated Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her.spouse, sibling, parent, apply); or child is (check all that A) the owner of greater than 5% of the shares of the corporate stock of the applicant(when.the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director,partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day of Mid riff ZOO 7 Signature: Print Name: �o ` 4 -�� TOWN Gr SOUTHOLD PROPERTY RECORD CARD OWNER STREET (; ; VILLAGE DIST. SUP. LOT Si s FORMER ER N .� E ACR. i.. nn S W TYPE OF'BUILDING �0 �!S �f OWQ✓CJ► .CC?l RE SEAS. VL. FARM COMM. . CB. . -MICS. Mkt.Value. LAND IMP. TOTAL DATE REMARKS .-500 02 000 5a D-L!lo77 ��8-�t2ip v o o c7 ao is v i -�IZD Z 70 9- rh & 0 .:�: 170 AGE BUILDING CONDITION 9,g ' NEW NORMAL BELOW ABOVE 601 C!, FARM Acre Value Per Value Acre / U Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD 9,0 Meadowland DEPTH + HouseZpt,,;. BULKHEAD. Total DOCK r I TRIM G e" i t . IS i .Bldg. o ... .... .�. .. . . _ ?3.0 tension tension 9X.o28riI _tension Foundation G Both Dinette. 'rch^ Basement Floors P,,�•E— K. Vrch Ext. Walls Interior Finish `�p`� °v LR, eezeway Fire Place N v Heat ;.5 DR. -ragew C,4& Type Roof Rooms 1st Floor BR. _ 4i0 Recreotioh Room Rooms. nd Floor FIN. B. B. Dormer Driveway I SEE SEC.W.052 ' +fs[oo" OP• '^ r WTCH SEE SEC.N0.052 �711.14 _ 21 IA d.a .� .T aF sEE sE o6r'on. COUUNNTTTY U SVFOLR V — /'1 t wrti• os soi•a s Ip• 21 1 L2A ♦� 21, d \ �• , ,4l 12A ` 15 as 20.64 � *• i E •,,,yJ 5.1 A .talryyY nn V y9 CtldifY OF SLFFOLH r ,0u\� ° 0 ' amwexr wOlTu $ 4.3 —+ 0„P �16itucl - 11 O t6 Sd•'op0.,� 19 20.2 s . y\\ V/wl//V/1 ` •` pi +'L]Alcl il.l ('6_ , \g+ , 0• 4P \V ``SR' tz 1 7;1 }^ ' a O ll. -� y0plc i ^ yJl> , 11 ° T'wa \'10.1 /L��'`/7 �/ 4Y ^"�'•,4 u. i�""\0 2 \i y;g•a30 'St 21.T. T c/ .' 1.u. \ p0 7.GA(.)) IN s' •y. ^ 11.16 ti ^°\y nn fit\ \}fee\. 7.8A 'w• s.\��• a )t00� \ `.\F ,Lj') 1 v % v ,u "^ sin -.. CM Wi dal o °"\ [�d•+`05 \ \4 O• 'S nmlc) 00 $ zL� ss.s F rya\ .^°tt• ,,,,\ \\ASV�\�\ �06i . is 0 � )per 6_TA ° pVf'•„• Cc Fr�saauc ",a"� ' �,� \ \\�\� �m�P°\\\ \: Q 0 W• 11.10 31.6 wO QOHQ 9.)° L 105A Q 'w .� _1-]\ ,�.sP/- ���..�,y.�{{q��F\• utE�vmgan�Tma \- \ \\+ A `� " OOJ LlAlcl l a\��y \y.`J• ' 1.94 ° r. / �.. 5 •O' '�� � � .\�o - �, .as•moo i C 2.6AIG ^5 � •,'• TOXIN OF SOUTN0L0 s 3.o1c11��� — 12.1 de A3 .•*4 Butl�s�PorHl� ' L.D• W - i• � / - 9 F.D•29 x*Y" s `i s v �,' e�`8M1 u ul,•� nn"t° 26 wl n114 Icl CA4 x� '° .) �ptc, � na* Qp �. •rr 2Jy'.0 ,iz '6,y a° 29 aP at 24 Ou 22.Wd A i \ t �i'cr u t0 a FOR PCL NO. SEE SEC.W. .16-01-015 F� ,- Y v t0 WTCH—�— �— LINE c 9, SEE SEC.N0.066 -. t6 n Q 06[ax o[[ a^ —�— �•Y�w lim eao�. (vl) _O mm,. �r.s --F-_ «t�a--" suwas„ Ttc0T4P�0.°tom MST=- NOTICE Q COUNTY OF SUFFOLK © E ,o.H^� SOUTHOLD SECTION NO YEWTFNYICE,1lTEP1iMI.E ORReal Property Tax Service Agencyrontmulan aF u)r wRTnv aF lx[ Canty Center PmteA N Y 115016056 rown YrrEN PERu55W m TK P ,u �11i1p 1000zl tea um or u u ---- - VAI N FEET• PROPERTY YAP RELL PRDOLRY.TA.SEANCE 14YCr. TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631) 765-1502 Planning Board approval FAX: (631) 765-9502 Survey v `� www. northfork.net/Southold/ PERMIT NO. Check $ Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved 12 Mail to: Disapproved a/cA21 1XI Phone:Lf2f— Mq Expiration ,20 Building Inspector JAN 6 203� APPLICATION FOR BUILDING PERMIT ._ _.. Dater 20 ®� i 3 ......... .... ;. INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule.. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. C. The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting.the property have been enacted in the interim,the Building.Inspector may authorize, in writing,the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York,and other applicable Laws, Ordinances or Regulations,for the construction of buildings, additions, or alterations or for removal'or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code,housing code,and,regulations,and to admit authorized inspectors on premises and in building for necessary inspections. o ,� C ( nature of applicant or name,if a.corporation) loq 04y AvkA,-t Fntv,4 tJ,N< 11705 (Mailing addre s of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, /plumber or builder Name of owner of premises f__2® �qyy( W2 A ° s5mA (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section. 06-6 Block 03 Lot OQ Subdivision Filed Map No. Lot (Name) 2. State existing use and occupancy of pre��47110 and intended use and occupancy of pro osed Coilstruction: a. Existing use and occupancy d w e. Ls b. Intended use and occupancy sii / As"e Ae '84✓h Lj 3. Nature of work(check which applicable): New Building AdditionZ- Alteratiol) Repair . Removal Demolition Other Work A&A Aihb /s (Desc ption) 4. Estimated Cost �7 o Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed,Qccupa cy„ specify,nature and extent of eachtype of use. 7. Dimensions of existing structures, if any:.Front Rear Depth J 2. JS ��v Height 2% 0 " Number of Stories 2• Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories . /8. Dimensions of entire new construction: Front .® Rear Depth �d 'Height Number of Stories �. 9. Size of lot: Front: 4710 ,�D® Rear�1y 15/ Depth A49%, � 10. Date of Purchase A Name of Former Owner � e 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES NOK • Sr,� 6001��r1n R-A iF*W l�NY ('�1 Tfr a•S7bl 14. Names of Owner of premises Co ww; -5-"�AAddress togs r° y Ave Lne No.631•-47Z,a)4 t Name of Architect Addresm-64� P­vUkig Phone No 4-?1• -f'iS•o3q�f Name of Contractor Address ? 'Py Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation.plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF ) being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)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 knowledge.and belief; and that the.work will be performed in the manner set forth in the application filed therewith. Sworn to before me this day of TMI, 20 07 Notary Public Sign; re o Applicant CHRISTINE L. BELSON NOTARY PUBLIC, State of New York No. 01 BE5087003 Qualified in Suffolk County Commission Expires October 27,20 6 9 0 ' - COUNTY OF SUFFOLK f kAy 7 ZOO/ STEVE LEVY SUFFOLK COUNTY EXECUTIVE ay.s DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING May 2, 2007 Town of Southold ZBA 53085 Main Rd.,P.O. Box 1179 Southold,NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Smith 6025 Kelly 6026 Katapodis 6027 Alessi 6028 Daneri 6029 Byrne 6031 Hansen 6032 Landau 6033 Kruk 6034 Very truly yours, Thomas Isles,AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR ■ P.O.BOX 6100 ■ (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER (631)853-4044 Roger P. and Constance A. Smith / 60015 Main Road Southold,New York 11971 Zoning Board of Appeals Application#6025 First Hearing May 31, 2007 JUN 1 8 20U7 'f Second Hering June 28, 2007— 11:05 A.M. g Z16 or- Based upon the first hearing on May 31't, the attached barn/garage design is being lk ' submitted-for the Board's review. The input from the Board focused on the new Local Law No. 2 of 2007,which limits the height, side yard setback, dormer percentage, and% of lot occupancy. The alternative design presented herein makes the following design considerations: • The dormer has been removed • The barn/garage has been placed "in-line" • The placement on the property is still being requested to be 5' off the west property line which, as stated in the original application is the appropriate location as it respects the historic placement of the original barn/garage, does not block the rear property from the house as this is a narrow-lot adversely affected by a land division that narrowed the property"throat", and is not opposed by the adjoining neighbor to the west, the Haspels, who have,gone on record to state so on the previous design and are so doing on this alternative. • This alternative maintains the presence of the large walnut tree that is just to the east of the proposed barn/garage • The exterior design of the barn/garage is in keeping with the architectural .characterizations of North Fork barns and the design of the house, matching roof pitch(12 On 12), etc.. Therefore,the variances requested are: • A 5' westerly side yard in lieu of a 20' side yard • A 22'-7" maximum height in lieu of 22' • The variances previously presented and reviewed by the Board for the pergola and raised terrace/patio. The alternative design does not require a variance to the requirement that no accessory building can exceed 3%. The alternative is just less than the 3%requirement. `I Oy JUN 7 2007 - - - � 13' 4" ® 4' II" r 93 23'-4" w�-kfr� I a93I - I �I I nil Q '-0' 9'-0" 2'-0' 24'-0" B FIRF FLOOR PLAN SECOND FLOOR PLAN SCALE: 1/8" :I'-0" SCALE: 1/8" -1'-0" JUNE 13, 2001 12 12 LLD 12 a4 in rnIFFI] 711­1 - w Da ELEVATION IlAll ELEVATION "511 SCALE: 1/8" =1'-®" SCALE: 1/8" 4-0" rf 12 12 FBI [El 12 e a4 JUN ! 8 2007 e e Z 3 - � 5ECTION "A" JUNE 13/ 2001 SCALE: 1/8" =1' Q.T.A. (LoNG AD ISL ; n, r RAILROAD) 141. �� ro��3Z.4pp f w 1 , '--nt- j F I 1 IN I � I B NEW GARAGE 24.0 yyy •� C� I @ P1 12� /! nan�r,rsO1°tar.a r_J - m.mmm J NEW P.G PAD I I o � I FILL AREA E I r l I 5UBGRADE WITH I 'W I I STONE(STONE NEW BELGAN LOCATED ON BLOCK CURB L SITE) j L°J j ©' EXI5TING I e I DRIVEWAY o I � � SEE PLAN I SSD'02'10'W 80.00 NEW PERGOLA 5EE PLAN a . --i o P J' EXISTING 2 STORY RESIDENCE NO CHANGE I s5ir02'10'W 90.00 0. MAIN ROAD (S.R. 25) b bs W10111 o bfflQf11D1 o SMI1fl nacni.ec'ruac oenomecoma 244 EAST MAIN ST. PATCHOGUE,N.Y.11772 (631)475.0349 --- FAX 476-0361 PROJECT: PART I L 5I` E FLAN L A I SMITH RESIDENCE f� I I� 60015 MAIN ROAD,SOUTHOLD NY - i 51-o" 51DE YARD 5ETBACK SCALE: III = 40' SCALE: AS NOTED DRWG. BY: MRI DATE: JUNE 13,2007 FILE NO: SK NO: KK ANDIRA HASPEL 59945 MAIN ROAD SOUTHOLD,NY 11971 PHONE: (631)765-2075 FAH:(631)765-5715 c.Eii.(516) 398-8753 June 28, 2007 Zoning Board of Appeals Town of Southold Southold,N.Y. 11971 Re: Application of Roger and Connie Smith 60015 Main Road Southold,N.Y. 11971 1 New Garage New Pergula New Patio To Whom It May Concern, My wife and I have reviewed the revised plans for the above referenced proposed work at Roger and Connie's property and have no objection to the proposed work. These plans dated June 20, 2007 indicate a new garage 5 feet east of our common property line with a ridge height of approximately 22'-7". We have no objection to the patio or pergola either. If there are any questions please call (631-765-2075). Thank your / a s KATHY AND IRA HASPEL 59945 MAIN ROAD,SOUI'HOLD,NEW YORK 11971 PHONE: (631)765-2075 FAX:(631)765-6736 May 30, 2007 Zoning Board of Appeals Town of Southold Re: Proposed Construction of Accessory Building at 60015 Main Road Southold,N.Y. To Whom It May Concern: We are very happy to have Roger andConnie Smith as our new neighbors. We have reviewed the proposed construction of an Accessory Building approximately 5 feet east of our east property line and have no objection to the proposed construction. If there are any questions please call. Thank you. Aaan pel Town of Southold - Le �! B _r '"1 Meeting of January 16, 07 ^#.rre Ito r � RESOLUTION 2007-127 Item# JAN 2 2 2007 ADOPTED ' Cl 544 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2007-127 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 16,2007: WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of December,2006 a Local.Law entitled"A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were be given an opportunity to be heard, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 of the Town Code and Local Waterfront Revitalization Program(LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and it is therefore RESOLVED that this action is CONSISTENT with the LWRP; and it is further RESOLVED that the Town.Board of the Town of Southold hereby ENACTS the proposed local law entitled, "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" reads as follows: LOCAL LAW NO. 2 of 2007 A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- The purpose of this Local Law is to establish clear standards governing the maximum height, size and setbacks for accessory buildings and other accessory structures, in order to further preserve the character of single-family neighborhoods. These changes will Generated January 22, 2007 Page 65 h � Town of Southold - Le JAN 2 2 2007 B l Meeting of January 16, 2007ILI a reduce the impact of accessory buildings on adjoining residences. These changes shall apply to the Low- Density Residential (R-40) zoning district, as well as the R-80, R-120, R-200, R-400 and Agricultural-Conservation(A-C) zoning districts. H. Chapter 280 of the Zoning Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. FLAT OR MANSARD ROOF—Any roof that has a pitch of less than 3:12. HEIGHT OF BUILDING,ACCESSORY -- The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill,to the highest point of the roof for flat and mansard roofs and to them „ height between eaves and ridge for-„tLer-t-)Te r-e . , and to the highest point of the ridge for sloping and other type roofs. SLOPING ROOF=Any roof that has a pitch equal to or greater than 3:12. § 280-15. Accessory buildings and structures. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Sueh Buildings with a flat or mansard roof shall not exceed eighteen (8)sixteen(16) feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Lot size Maximum Height Minimum Setback-side and/or rear (square feet) (feet) (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000- 19,999 18 5 10,000- 19,999 20 15 10,000- 19,999 22 20 20,000- 39,999 18 10 20,000- 39,999 20 15 20,000- 39,999 22 20 40,000 —59,999 22 15 60,000-79,999 22 20 80,000 and over 22 25 Setbaek endL.L. Ne. 14 1990; -2-s 11991 by L.L. Ne 2 19944 Generated January 22, 2007 Page 66 �• Town of Southold - D' B l Meeting of January 16, 2007 � a r (1) o jets eentaining up to twenty therm and (20,000) square Zfeet, C1 buildings shall be s V b 1 me 1ess than three (3) feet from an), lot line. (2) On lots containing mor-e than twent�,thousand(20,000) square ��up to thirty nine thousand nine hundred ninety nine (3 >999) squarfeet, sueh buildings shall be set bael less than five (5) feet F«.,.., any lot lino (3) On lots eantai i - i ;s of thii4y nihe thousand nine hundred ninety nine (39,999) squffe feet up to seventy nine thousand nine hundred ninety nine >999) square feet, sue Wildings shall be set baek no less than ten (10) feet from any let fin , (4) On lots eentai i - i ;s of sevent�, nine thousand nine hundr-ed ninet�, nine (79,999) square feet, sueh buildings shall be set baek no less than twent-y (20) feet frem any lot line. C. Such buildings shall not exceed 660 square feet on lots containing up to 20,000 square feet and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet no accessory building shall exceed three percent (3%) of the total size of the parcel. D. Dormers are permitted on accessory buildings up to forty(40%)percent of the roof width. E. Any accessory structure that is not a building shall not exceed eighteen (18) feet in height and shall be set back at the minimum required in Section B above. . E.F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code and the side yard setback requirements for accessory buildings in Section B above. III. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Strike-through represents deletion. Underline represents insertion. JAN 2 2 2007 , Elizabeth A. Neville t Southold Town Clerk Generated January 22, 2007 Page 67 APPEALS BOARD MEMBERS OF SO Mailing Address: James Dinizio, Jr., Chairman O�� yQ 1 Southold Town Hall 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Ruth D. Oliva Office Location: Michael A. Simon �Q Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman lyC�� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631) 765-9064 July 25, 2007 By Regular Mail and Fax Transmission 475-0361 Mr. and Mrs. Roger P. Smith 109 Bay Avenue Bayport, NY 11705 Re: ZBA File 6025-Variance Application Dear Mr. and Mrs. �mith:" Please find enclosed a copy of the variance determination granting alternative .relief with conditions rendered by the Board of Appeals at its July 12, 2007 Meeting. A copy was furnished to the Building Department as an update to the Building Inspector's January 22, 2007 Notice of Disapproval. Thank you. Very truly yours, Linda Kowalski Encl. Copy of Decision to: Building Department ♦ ;�, } 't � `�r�Rni p7 YiR��. �+A. 1`!" t V .���� ' �r •� ,,�� � �� ,+`�,, �i2 f �;, ,CCC."�����af1l�1 t�•III•- � �'� f`,1 fV •,t •,� �rlr�ri:^ �lp� I ,�, 4P,�c �.�:•V!.`��w •`:S {' �� K.;� .'1 i,�� �,2 4 WNW Al ♦! •1 d ' , i °.3S.a�M+•Y ,,, t I / Y J '!h �i.�nev�����c�cn—(" ' -es tom, a�f �v�tv�� �. Si•�,� of mo s` Use j REV. DATE ITEM NO. I M ° CUPOLA t I WEATI-ERVANE BY j "CAMPBELLSVILLE IND" - WINDOWS: MARVIN GARAGE DOORS: - -- —— CLOPAY -- - --- ROOF SNIWSLES STYLE I — �AA AND COLOR TO MATGI-I A 403 A 403 A 403 A 403 KEY PLAN 1 — — EXISTING HOUSE { ;� No WALE THESE DRAWINGS ARE BA4ED ON CONSTRUCTfON f 1 ` DRAWINGS NOT PREPARED BY BURTON,WIRENDT,WN, PC.DATED . Ate),TFEREFORE,MAY NOT REPRESENT t I THE CONDITIONS AS CONSTRUCkD AT Ti#VA. ALL . F)Z11NG CONDMONS SHOWN ARE REPRESENTED AS SUGGESTNE INFORMATION AS THEY MAY NOT HAVE BEEN u - ( I I BUILT AND DETAILED PER THE ORIGINAL DOCUMENTS OR 401 j BOARD AND BATTEN 1 { i I PER THE OWNER'S INFORIMATION. { I 1 � I SIDING COLOR TO BE SELECTED BY OWNER ► I i i I I ! a / I 4 62N\ 7 U 62 I I o 0 o I CG21 S023 T-6"h z9'-0'w CG21 S0231'-6"h z9'-0'w NEW P.C. PAD Ia m " � z ELEVATION ELEVATION B 6G+41E:V4' •P.®" %XE:V4'.I'-0' - I - ul uj u } - - DRWG. BY: ,.. I CHK,BY: I THIS DRAWING,PREPARED FOR THE wk*tC PROJECT 1M)ICATED IS AN INSTRUMENT OF BERWCE AND THE PROPERTY OF BURTON,BEHRENDT,*ARM.INFRINGEMENT OR k ANY USE OF THIS DRAWING FOR ANY OTHER PROJECT 6 , p h PROHIBITED.ANY ALTERATION OR REPRODUCTION OF THIS DOCUMENT 5 ALSO PROHIBITED WITHOUT TFE WRITTEN COMSENT OF THE ARCHTECT OR ENGINEER r -- -I -II } 11 nT�uae o e"inmanv ICU H218 »'r P ' U 62 I i CU 62 ► I I N.Y. 111'`'7`2 (631)4754" 4 �9d1 I I I I I , 17 AR�� I I I I J � I o+ * ''•i�`• 9 �• �k I I '0 �� $ b62 I �� 16514 OF 00 I I I I SED# I I li I I ¢ DISTRICT - ` =' PROJECT PROPOSED 13AW LEYATION ''C" ELEVATION "D" SECTION ��I�� y. tl-IE SMfTH RESID'Avcl . SCALE: V4' •I'-0' SCALE: •i'-0' SCN :U4' •I'-0" I�ME ELEVATIONS Ati A ti l scALE: AS NOTEt7 Dab bAT'E: DECEMlER Z 80 PN DAM a b bs FILE NO'' n n ments \ROGERIsouthokf\ZBA 12-0eJ BARN-PERGOLA\Bam for ZBA.dwg,3/26/2007 8:37:16 AM,Michael 1 y , C:Tocuments and Setti gsUchaeI My Docu �proJects `w �.,. .. ..>. :, � c ,.:-_.. .,v u ��' �..'.. o._,;,x:, " .� -. _ .,� .: .. .. "-- _�..... 'c....r,.._'..,... .-. _._ -"-_..,»s..mw._.,.�...... .. •_....�_....... -_n.-.8......_ ... ,,, _ _. ,......ate...,. -`-.... :.W,...v.......» .-.,.„_. .. .w .,-. ,.�..._. ., ..". ... ., .. __..,,..,m_..-. .. ,..�,,,,,,,,,,, ,,».ma,... -. .... ._ _:...x_.-..,....-. ,..,..,...._,.....,a, ..__....r....,,,....,...,... .......�. __._—`_ ,__-- - _ N.,. ,,n �iu#...J.ail✓iwv wt.3.se. 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E: /SI..� n I - ,• , 4 w . _ - ' - , , ' 1 'JCAJ,E. 1 - - - , ,,, - r , , m. i, .. v , 1• t .. , ., - - - - .. - IS C ., . .{ ,,. .. m t - - - , b 5 AM.Mi N :34. 3 Chaell A - R LA OUTHOLD 28A SITE PLA 3128I2007 ry u i 8 RN PE GO 1S lhoidlZ9A 2 Og 8� R1• _1 ROGE ou nts n n i ichae111 Docu me �+'0. 1. , . D't t d Setti s M ensa C Doaxn Pr�le� , 9�• 1 "� .. - - - }. , h V't I,. 'W . r Y, ' a , .r ' ',. '' �k.� .:. � '„� . .:.- . : . .'" ». _. , ^Y- . .,., .. .»•i-'Gn,a_.:..,.S+Yrw:,.w,.' ,,....__^.a..,.:.'.a..' tamCa.�td:,�,..t......... ........,k..:,wu....��- � ....,.,.,.._..... .r_..omas..- J�....,.,..._.�.... .. ..._ _....�....._a__��ec..°...._.sf,I'T°.:=:.a.a...,_ - 't�., M t _ � a ., ., :.„ s.n. .. .. ..•.;r >-.,. ::a3°sat... .Ir-.�....�x.,�.' ,...� _. ',n>srwb•I,s.:. .. .. , ... .•l: ro� ,. a'.. .ti...v .»m"aakw.«C'a»1ak,�' w..r..,z...,,,...x ...,•,..w~, .,,E...s,rs. 'a ,. ..a.,.—. 3+:,ry ffiwac'aW �. :;s ".r, ':,<,. ., _ P x i 'r, 4` ...L u..•..d t+ w... n� siS..Gv.Vb.in•bi�- „ a.a+:F:�V .s ,. .._.- _ F .,...i61-/�u� ,'..w.il"�,,,�",�..�,:a+k �u�3: .,w: ,,,r.> .,-_w�a�'sA+">#'sn. 61 'asu�s' "';tlA•�.,.:' fi= i ELIZABETH A.NEVILLE �® l0 Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS CA Southold, New York 11971 MARRIAGE OFFICER i5k • Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER Ol� n � Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER Cv 11�� southoldtown.northfork net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 4, 2007 RE: Zoning Appeal No. 6025 Transmitted herewith is Zoning Appeals No. 6025 of Roger P. & Constance A. Smith- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Questionnaire for Filing with the Z.B.A. Application, Applicant's Project Description, Short Environmental Assessment Form, Transactional Disclosure Form, Receipt No.71708 for Disapproval,Notice of Disapproval Dated: January 22, 2007, Application for Building Permit, (2) copies of color photographs of the proposed garage and patio, Town of Southold Property Record Card, Site Plan, Proposed Barn Floor Plans, and Proposed Barn Elevations & Sections. T-)wn Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT Date: 03/28/07 Receipt#: 2618 Transaction(s): Reference Subtotal 1 1 Application Fees 6025 $600.00 Check#: 2618 Total Paid: $600 00 e Name: Smith, Roger P & Constance A 109 Bay Ave Bayport, NY 11705 Clerk ID: MICHELLE Internal ID.6025 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3 / 27 /07 ZBA# NAME CHECK# AMOUNT TC 10 665 Smith, Roger P. and 2618 $600.00 APR 4 2007 Constance A. $0ug r TOTAL $600.00 By Thank you. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: January 22, 2007 TO: Roger Smith 60015 Main Road Southold,NY 11971 Please take notice that your application dated January 16, 2006 For permit for a dwellingadd dd&pergola&new accessory garage at Location of property: 60015 Main Rd., Southold County Tax Map No. 1000 - Section 56 Block 3 Lot 10 Is returned herewith and disapproved on the following grounds: The proposed construction on this 60,054 sq ft lot in the R80 District is not permitted pursuant to Article III. Section 280-15 states: "In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200, and R-400 Districts accessory buildings and structures or other accessory uses shall be located in the required rear ard_" The survey indicates the proposed dwelling addition& accessory pergola structure will create a non- conformity. Upon construction, the pergola will be in the side mod_ Furthermore the proposed accessory buildingis s not permitted pursuant to Section 280-15,which states: ,,Such buildings shall not exceed eighteen 18) feet in height." "Setbacks: On lots containing in excess of 39,999 sq. ft. up to 79,999 sq. ft., such buildings shall be setback no less thadl0' from any lot line." The proposed construction indicates a mean height of approx. 21' situated 5' from the lot line. Z��vf l�4' �• Authorized Signature -- Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. Town of-Southold ZBA O App. Name 0 Tax'Map 0 FOO.No. _II SEQRA Board MemberGerard.P. Goehringer E� Unliste 0 Other. Hearing Time, 5:47 P M J6.-3-1 Number Tax Map: 5 0. ;Fife ;App. Name: PFHj,Roger P. and Constance A., Received'Date: Jot, Fees: j $600.00­g' Southold Zone [R-80 Date forwarded to Town Clerk Hamlet jSou Type: Residential /200; ' Status: New Action:` Meeting Dates Building,Dept. 20 : ,'Location. 60015 Main Road Meeting Date //31/200:::7" ND Date lf�2L Short i 071 J Hearing Date 1, ND Date 2 Dwelling addition, accessory pergola in side yard & •Desc.: accessory garage height and setbacks and dormer Hearing Date,2 ND Date 3 COPY, �2pid size percentage over 40% code limitation (requests Hearing Date 3 ND Date 4 dormer size 80%±/.-_),,28,0z1,5-. Amended application 4/5 for dormer relief under Hearing Date 4 ND Date 5J Notes new code also. Hearing Date 5 ND Date'6 Action Date: ND Date 7 « Ww F�/30/iOO7� F8.44,Aw FEV Um Developed by the Southold Town Data Processing Department', r CEIVED ZONING BOARD OF APPEALS MAY 1 1 2007 TOWN OF SOUTHOLD: NEW YORK --------------------------------------------------. -X In the Matter of the Application of ZS3NINa S0MD OF APPEALS AFFIDAVIT �e✓' S�;-�1 av►d Gorr if o cG -A. -5m,'-A OF (Name of Applicants) (pOz 5 MAILINGS CTM Parcel #1000- S"6 - 3 - 1 0 ----------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) I ORu1 e— L a1 9f l�Z.`residing at �Q 1 11 1 d� � Irl k New York, being duly sworn, depose and say t: On the day of U �1,OL�ew 0—COTI personally mailed at the United States Post Office in C O llfeork, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy oHie attached Legal Notice in prepaid envelopes addressed to current own s shown on the current assessment roll verified from t e ff cial r rds on file with the ( Assessors, or( ) County Real Property Officee etc�Jl ; for every property which abuts and is across a public or priv�.�e street, or vehi larright-of--way of record, surrounding the applicant's property. CHRISTINE L. BELSON NOTARY PUBLIC, State of New York No. 01 BE5087003 r ` Qualified in Suffolk County �gq Commission Expires October 27,20=1 (Signature) Sworn to before me this '► day of May ) 2007 eA41i4hne (Notary Public) PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed, Thank you. Re; Zoning Board of Appeals Application Roger P. and Constance A. Smith #6025 Property at 60015 Main Road, Southold, N.Y. Date of Hearing; May 31, 2007 Completed packages mailed May 9, 2007 to the following parties for the above referenced appeal. Ira & K.K. Haspel 59945 Route 25 Southold, N,Y. 11971 Parcel # 56-3-9 Jon &Janis Kerbs 440 Riley Avenue Mattituck, N.Y. 11952 Parcel # 56-3-11 Todd & Karen Krukowski 60335 Route 25 Southold, N.Y, 11971 Parcel # 56-3-13.2 Edward Ernst Angela Norton 2640 Long Creek Drive Southold, N.Y. 11971 Parcel # 56-1-11.10 Christian Baiz Rosamond Phelps 59600 Route 25 Southold, N.Y, 11971 Parcel # 56-5-1.3 Christian Baiz Rosamond Phelps P.O. Box 726 Southold, N.Y. 11971 Parcel # 56-5-1.3 (this package sent regular mail, no receipt due to P.O. Box address, another package sent to same party at different address above) May 8, 2007AP , Christian Baiz A1AY 2007 Rosamond Phelps P.O. Box 726 �� ,SOS Southold, N,Y. 11971 op DPP, LS Re: Zoning Board of Appeals Application Roger P. and Constance A. Smith #6025 Property at 60015 Main Road, Southold, N.Y. Date of Hearing: May 31, 2007 First let me introduce ourselves to you if you do not already know us. Connie and I renovated the "old farm house" on the North side of Main Road (Route 25) often referred to as the Kerb residence. Our renovation retained all the character of this wonderful old house. We hope that you feel we have added to the beautiful setting that is our Southold neighborhood. We have planned to build a garage/barn on our property to replace the existing one and a pergola on our porch or raised terrace on the Northeast side of the house. These structures require variances. As directed by the Town of Southold Zoning Board of Appeals we are notifying you by certified mail, return receipt requested. Enclosed please find a copy of our application including site plan, plans and copies of the pertinent information filed with the application, In addition a copy of the Town's legal notice is also enclosed herein. If you have any questions on our application please feel free to contact Connie or myself. Our telephone numbers are: In Bayport: 631-472-0169 In Southold: 631-765-5709 Roger's cell: 631-495-4685 Connie's cell: 631-807-7097 Roger's Office: 631-475-0349 We hope that you find our design and ideas acceptable, VeFeer y yours, 44 P. Smith Roger g and Connie Smith �L 109 Bay Avenue /„� ✓vl j Bayport, N.Y. 11705 60015 Main Road Southold, N.Y. 1 1971 May 8, 2007 �� ED Christian Baiz FFRIE 2007 Rosamond Phelps59600 Route 25 Southold, N.Y. 11971 OF:6PPArs Re: Zoning Board of Appeals Application Roger P. and Constance A. Smith #6025 Property at 60015 Main Road, Southold, MY, Date of Hearing: May 31, 2007 First let me introduce ourselves to you if you do not already know us. Connie and I renovated the "old farm house" on the North side of Main Road (Route 25) often referred to as the Kerb residence. Our renovation retained all the character of this wonderful old house. We hope that you feel we have added to the beautiful setting that is our Southold neighborhood. We have planned to build a garage/barn on our properly to replace the existing one and a pergola on our porch or raised terrace on the Northeast side of the house. These structures require variances. As directed by the Town of Southold Zoning Board of Appeals we are notifying you by certified mail, return receipt requested, Enclosed please find a copy of our application including site plan, plans and copies of the pertinent information filed with the application. In addition a copy of the Town's legal notice is also enclosed herein. If you have any questions on our application please feel free to contact Connie or myself. Our telephone numbers are: In Bayport: 631-472-0169 In Southold: 631-765-5709 Roger's cell: 631-495-4685 Connie's cell: 631-807-7097 Roger's Office: 631-475-0349 We hope that you find our design and ideas acceptable. f urs, *' ith Roger and Connie Smith 109 Bay Avenue Bayport, N.Y. 11705 60015 Main Road Southold, N.Y, 11971 May 8, 2007 Edward Ernst Angela Norton 2640 Long Creek Drive Southold, N.Y. 11971 Re: Zoning Board of Appeals Application Roger P. and Constance A. Smith #6025 Property at 60015 Main Road, Southold, N.Y. Date of Hearing: May 31, 2007 First let me introduce ourselves to you if you do not already know us. Connie and I renovated the "old farm house" on the North side of Main Road (Route 25) often referred to as the Kerb residence. Our renovation retained all the character of this wonderful old house. We hope that you feel we have added to the beautiful setting that is our Southold neighborhood. We have planned to build a garage/barn on our property to replace the existing one and a pergola on our porch or raised terrace on the Northeast side of the house. These structures require variances. As directed by the Town of Southold Zoning Board of Appeals we are notifying you by certified mail, return receipt requested. Enclosed please find a copy of our application including site plan, plans and copies of the pertinent information filed with the application. In addition a copy of the Town's legal notice is also enclosed herein. If you have any questions on our application please feel free to contact Connie or myself. Our telephone numbers are: In Bayport: 631-472-0169 In Southold: 631-765-5709 Roger's cell: 631-495-4685 Connie's cell: 631-807-7097 Roger's Office: 631-475-0349 We hope that you find our design and ideas acceptable. rer uly yours P. Smith Roger and Connie Smith 109 Bay Avenue Bayport, N.Y. 11705 60015 Main Road Southold, N.Y. 11971 . s � May 8, 2007 Todd & Karen Krukowski 60335 Route 25 Southold, N.Y. 11971 Re: Zoning Board of Appeals Application Roger P. and Constance A. Smith #6025 Property at 60015 Main Road, Southold, N.Y, Date of Hearing: May 31, 2007 First let me introduce ourselves to you if you do not already know us. Connie and I renovated the "old farm house" on the North side of Main Road (Route 25) often referred to as the Kerb residence. Our renovation retained all the character of this wonderful old house. We hope that you feel we have added to the beautiful setting that is our Southold neighborhood. We have planned to build a garage/barn on our property to replace the existing one and a pergola on our porch or raised terrace on the Northeast side of the house. These structures require variances, As directed by the Town of Southold Zoning Board of Appeals we are notifying you by certified mail, return receipt requested. Enclosed please find a copy of our application including site plan, plans and copies of the pertinent information filed with the application. In addition a copy of the Town's legal notice is also enclosed herein. If you have any questions on our application please feel free to contact Connie or myself, Our telephone numbers are: In Bayport: 631-472-0169 In Southold: 631-765-5709 Roger's cell: 631-495-4685 Connie's cell: 631-807-7097 Roger's Office: 631-475-0349 We hope that you find our design and ideas acceptable. Ve truly your , er P. Smith Roger and Connie Smith 109 Bay Avenue Bayport, N.Y. 11705 60015 Main Road Southold, N.Y, 11971 May 8, 2007 Jon &Janis Kerbs 440 Riley Avenue Mattituck, N.Y. 11952 Re: Zoning Board of Appeals Application Roger P. and Constance A. Smith #6025 Property at 60015 Main Road, Southold, N.Y. Date of Hearing: May 31, 2007 First let me introduce ourselves to you if you do not already know us. Connie and I renovated the "old farm house" on the North side of Main Road (Route 25) often referred to as the Kerb residence. Our renovation retained all the character of this wonderful old house. We hope that you feel we have added to the beautiful setting that is our Southold neighborhood. We have planned to build a garage/barn on our property to replace the existing one and a pergola on our porch or raised terrace on the Northeast side of the house. These structures require variances. As directed by the Town of Southold Zoning Board of Appeals we are notifying you by certified mail, return receipt requested. Enclosed please find a copy of our application including site plan, plans and copies of the pertinent information filed with the application. In addition a copy of the Town's legal notice is also enclosed herein, If you have any questions on our application please feel free to contact Connie or myself. Our telephone numbers are: In Bayport: 631-472-0169 In Southold: 631-765-5709 Roger's cell: 631-495-4685 Connie's cell: 631-807-7097 Roger's Office: 631-475-0349 We hope that you find our design and ideas acceptable. Ier ly yours, P. Smith Roger and Connie Smith 109 Bay Avenue Bayport, N.Y. 11705 60015 Main Road Southold, N.Y. 11971 l ' f May 8, 2007 Ira & K.K. Haspel 59945 Route 25 Southold, MY, 11971 Re: Zoning Board of Appeals Application Roger P. and Constance A. Smith #6025 Property at 60015 Main Road, Southold, N.Y. Date of Hearing: May 31, 2007 First let me introduce ourselves to you if you do not already know us, Connie and I renovated the "old farm house" on the North side of Main Road (Route 25) often referred to as the Kerb residence, Our renovation retained all the character of this wonderful old house. We hope that you feel we have added to the beautiful setting that is our Southold neighborhood. We have planned to build a garage/barn on our property to replace the existing one and a pergola on our porch or raised terrace on the Northeast side of the house. These structures require variances. As directed by the Town of Southold Zoning Board of Appeals we are notifying you by certified mail, return receipt requested. Enclosed please find a copy of our application including site plan, plans and copies of the pertinent information filed with the application, In addition a copy of the Town's legal notice is also enclosed herein. If you have any questions on our application please feel free to contact Connie or myself. Our telephone numbers are: In Bayport: 631-472-0169 In Southold: 631-765-5709 Roger's cell: 631-495-4685 Connie's cell: 631-807-7097 Roger's Office: 631-475-0349 We hope that you find our design and ideas acceptable, jP ly you . Smith Roger and Connie Smith 109 Bay Avenue Bayport, N.Y, 11705 60015 Main Road Southold, N.Y, 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------........------------------X In the Matter of the Application of -1�®jer -P 15n 4 + AFFIDAVIT jYtS c� -A • 5vn OF SIGN (Name of Applicants) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 1567 - 3 - I -----------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) 0 I P, residing at d®� -Ave,"°'e p®��- New York, being duly sworn, depose and say that; On the day of M , 2-007, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of-way (driveway entrance)— facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to that date of the subject hearing date, which hearing date was shown to be M!" 31 d ZO)? )0 01FAH CHRISTINE L BELSON NOTA RY PUBLIC, State of Now York No. 01 BE5087003 (Signature) Qualified in Suffolk County _ Commission Expires October 27,20 v9 Sworn to before me this- /Jf6day of May , 200 7 (Notary Public) *near the entrance or drivewamy entrance of aslhe a�_ea�k�esti�ibleo�asserst�y w 111 i .. 11 t 1 1 1oil, ' go 6 1tttIl� i i NOTICE QF HEAR1N1 ,... .60:5 NAME S"th.ft.l C. MAP a 56-3-10 "eight t APPEAL. yard,Qonrer lop, ' 6 AccY Pergola NEOUEST Accy 13"41 Ss TMURSQAy,May j1,10 05 AM � OATEN rpNVPI+OF SOUTHC" TCW;N:;ggARt! NuTlkl'ot uF Ht�► : INS "he following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: FAME : Smith , R. C . #6025 UIAP # No 56=3= 1 0 APPEAL : Setbks , Yard , Dormer % , Height PEQUESTmN Accy Buildings & ACCy Pergola DATE : THURSD", May 31 , 1 0 : 05 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ,-='ONING BOARD -TOWN OF SOUTHOLD 765= 1 809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hqp://southtown.northfork.net May 1, 2007 Re: Town Code Chapter 55 — Public Notices for Thursday, May 31, 2007 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before May 14tn: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center; Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing providing the returned letter to us as soon as possible; AND not later than May 151h: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later May 21st, please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting during the meeting. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends. rv�5/ NEW APPLICATION SET-UP STEPS EFFECTIVE 8/2/06 PART II CHECK BOXES AS COMPLETED [ J�/ Staple this form to outside of file. 1. [ Pull ZBA copy of ND. 2. [ Check file boxes for priors. If priors, complete LF research; print with maps and make 7 copies. 3. [ Assign next number on list; put number on outside of file folder. 4. [ Date stamp entire original application w/file number. 5. [ Hole punch entire original application (before sending to TC). 6. [ Enter priors or other new appeal on ZBA application program and on newly created index card. 7. [ Print program record. 8. [' Print contact info & tape to front of file. 9. [v� Prepare transmittal to Town Clerk (3 copies). 10. [�}� Send original application w/transmittal & check to Town Clerk. 11. [� Note inside file folders w/prior info (copy file card) and staple other index cards inside left cover. 12. [ Copy County Tax M/ap; highlight parcel and mark neighbors (across streets etc). i 13. [ Make 7 copies and put w/each packet. 14. Add preparer initials & date to (Notes on computer program) when all of above is complete (now ready for tech reviews). 15. [ ] Do mailing label (to contact person or owner—from application page 1. OIL OUL10 C"4- cz p C .S cm4't'„ tv, C..1 lW C--f"—CL u li fit! 16 e QF'n? ^C`"rfir uY �J�4yai t�'a, SEE SEE.W.052 SEE SEC NO D52 z 2F LWE 11.14 I El AA-_—11, 24 2.2A.) tI 3 Ij It Is 20 SA CGMoHT1 a Sl.oFFOL S 1 Rcrts 43 73A I e e 22A Va OM,, MAIN - //3 42 01� 7 OR tot (.) 27 1A SA 01.OF TIL COUNTY 3 8A S OU 'OF 1J.FF,.,LK - it x .41 GJA AO 1 =Y OF�SUFFOILK S5, WA 11 to 11fi CDLVfTY OF SUIFW .,_MEo­1 13 y-AE�U TOWN OF S UELD u 7041c1 'Ap 201 IA 43 ?1:t- Ile Btrdd's P.,od to 8- 0V 24 2 13 22.3-) F. 1hsJ v-, FOR pm mso U SEE SE -03-DIS MATCH z LWESEE SEC ND 0Go 0­­ ILL 'R..R­ N OUTHOL SECTION NO -RE I— T.E I—— ERST­­ NOTICE E AR-A, (21) _REE ————— — ­T 4TERATW SALE OR Real Property Tax iti .1- A, OAST�loll OF ART PDRT0oH OF TIE Service Agency Y 1­1____L_ M,,,LA C_ CmtY DoAt- MwteA NY 11901 Af. -lA SC.E N mi 056 I AR M PERMSSOH OF 1K A RE., P MORE,At 1000(n D COUNTY OF SUFFOLK PROPERTY MAP I OFFICE OF ZONING BOARD OFAPPEALS Once Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53096 Main Road, P.O. Box 1179 Southold, NY 11971-0959 hftp://southoldtown.northfork.net Email: Linda.Kowalskiaa Town Southold nv us Jayne.MartinCc�Town Southold nv us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX q MEMO TO: DATE: RE: (A S ' �SOFFO(��, Office Location: 0�. OG Mailing Address: Town Annex/First Floor,North Fork Bank y z 53095 Main Road 54375 Main Road(at Youngs Avenue) %1-0 • P.O. Box 1179 Southold,NY 11971 Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 April 23, 2007 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 6025 (Smith) -Action Requested: Yard Location and Setback Variance Within 500 feet of: ( x ) State or County Road ( )Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, James Dinizio, Jr., Chairman By: Enclosures