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HomeMy WebLinkAbout6111 1 .......... +� _ p� -_ 0h h � r' APPEALS BOARD MEMBERS F SO Mailing Address: Ruth D. Oliva, airwoman *� �ryplO Southold Town Hall Gerard P. Goehringer , Chairman 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Michael A. Simon �� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman l'yOWN,�� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS ' TOWN OF SOUTHOLD RECEIVED ,- Tel. (631)765-1809•Fax(631)765-9064 . S-L B 2 - FINDINGS, DELIBERATIONS AND DETERMINATIO MEETING OF FEBRUARY 7, 2008 Southold Town Clerk ZB File# 6 111 — CHARLES HILL Property Location: 655 Lake Drive, Southold CTM 80-3-20 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. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 10, 2007 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The applicant's 13,300 square foot non-conforming lot is located in the R40 Low-Density Residential District with 60 feet along Lake Drive and is improved with a one and one-half-story house and accessory garage, as shown on a 10/3/2006 Title Survey prepared by Reddan Surveying, Inc. BASIS OF APPLICATION: Request for a Variance under Section 280-15, based on the Building Inspector's November 5, 2007 Notice of Disapproval concerning an as-built accessory shed in a yard other than the code-required rear yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 24, 2008, 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: Applicant is requesting a variance for the 142 square foot as-built (existing) shed shown on Diagram of Shed Dimensions with ZBA date stamp of 11/19/07,which is 1.4 feet from his easterly side yard. r Page 2—February 7, 2008 ZB File No. 6111—Charles Hill CTM No. 80-3-20 REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The traveled edge of Lake Drive extends approximately 17 feet beyond the applicant's lot line, which gives the appearance of a 43 front yard setback line from the house. The shed is tucked far enough back from the front line as to be hardly noticeable. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant needs the shed for storage of his boating and outdoor equipment. There will be no storage of any liquid other than for cleaning purposes. There is no danger to the waterway. 3. Town Law §267-b(3)(b)(3). The relief requested is substantial in relation to the code requirements, and is the maximum relief that the Board will allow. 4. Town Law §267-b(3)(b)(5). The difficulty was created when the applicant decided to build the shed. 5. Town Law 267-b(3)(b)(4). 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. Sheds are common in the neighborhood. 6. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the shed to store the owner's equipment, 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 Oliva, seconded by Member Dinizio, and duly carried, to Grant the variance as applied for, as shown on the 10/3/2006 title survey by'Reddan Surveying, Inc., and Diagram of Shed Dimensions with ZBA date stamp of 11/19/2007. 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 t , Page 3—February 7, 2008 ZB File No. 6111—Charles Hill CTM No. 80-3-20 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: Vice Chairwoman Oliva, Member Dinizio, and Member Weisman. This Resolution was duly adopted (3-0). Absent were Chairman Goehringer and Member Simon. RUTH D. OLIVA, CHAIRWOMAN 2/.;t1 /2008 Approved for Filing 1 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: November 5, 2007 TO: Charles Hill 655 Lake Drive Southold, NY 11971 Please take notice that your application dated October 29, 2007 NOV 1 9 2001 For permit for an"as built" accessory shed at Location of property 655 Lake Drive, Southold, NY ZONING so�4RG OF aWPEfALS County Tax Map No. 1000 - Section 80 Block 3 Lot 20 Is returned herewith and disapproved on the following grounds: The"as built" accessory shed, on this non-conforming 13,300 square foot lot in the R-40 District are not permitted pursuant to Article I11, Section 280-15, which states that accessory buildings and structures shall be located in the required rear yard. The "as built" accessory shed is noted as being located in the side yard. This Notice of Disapproval was written based on a survey dated October 10, 2007, by Frank Watso I Damon a is.-Per. 't Examiner CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. E, SHOTS TAKEN ALONG BULK HEAD ARE TAKEN AT GROUND LEVEL AT THE FgCE AND TOP AT THE BACK W a q BASIN a S9 73 \ S78.57,OO�e SURVEY OFPLOT I j MAP OF RE-SUBDIVISION OF BLOCK F BULK HEAD ON LINE MAP OF REYDON SHORES FILED OCTOBER 7, 1936 MAP #1215 S.C.T.M. 1000-80-3-20 SITUATED AT 655 LAKE DRIVE BAYVIEW TOWN OF SOUTHOLD y SUFFOLK COUNTY, NEW YORK ly e 109.18 e� O O ONC M o ON ti FND ON = LINE If 2.0N 3 Z o h Z i 0 Ov aar 2$ r7 Q ^ 6p, >B5, CONCRETE 25 NO tl Z007 O FOUNDATION 0 ST 62,'V Don N 22 � ex or ZONING BOA D F APPEALS T11VG --i O T o ReSRgyFRY y O � n_ IDF '^ �_• O n k65s Ce My �'J = BI (ry 22.40• = L 31 M do S� 1.19jf��A� N. FRAMED IH THE REAR GARAGE M 4p GARAGE D OO N P LaV TOP OF FOUNDATIONHANT 52S 1.37 20 33 \ UR THE FRONT 24.77 A(2EA UNDER osGARAG3 FL CONSTRUTION IOVER THAN TOP OF FOUNDATION R' I 23.84 'j(p��049556 \ Fp(AND 5 y 60.00 U� N7 4° Q 00.0p,�l ly UNAUTHORIZED ALTERATIONS OR ADDITIONS 4 TO THIS SURVEY IS A VIOLATION OF y SECTION77209HE OF T NEV YORK STATE DUCATIONfDCe OF J COPIES OF THIS SURVEY NAP NOT BEARING THE LAND SURVEYOR'S Pq V£MeNT a1- N OTSEDED SEAL SHALLPNOT BED E C�NRS RIDERED D ONLY TO PERSON INDICATED HERE@ SHALL RUN RI ONLY TO PERSON FOR HIS THE SURVEY OTK 1 IS PREPARED,AND ON HIS BEHALF' N THE V F� TIME G INANY.STITUTION mVELISTEDAH AGENCY AND LENDING iHSGNCE ION LISTED LENDING .AND TO THE ASSIGNEES THE LENDDT INST.- TUITION.MIOH CERTIFICATIONS ARE NOT TRANSFERABLE PREPARED IN ACCORDANCE VITH THE KININUN STANBARDS FOR TIME SURVEYS AS ESTABLISHED BY THE LJALS.AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEV YORK STATE LAND TIME ASSOCIATION x TITLE SURVEY HILL THIS DRAWING IS CERTIFIED TO THE FOLLOWING PARTIES+ 655 LAKE DRIVE,BAYVIEW OWNERS - CHARLES B. HILL & LYNN B. HILL fl°PN� R REDDAN SURVEYING,INC. CONSTRUCTION SURVEY S l ' -,o To 6e- P107-CO 720 Ot'Mers;ens �5 a ZBE50OARD 7E IS l (�11► 1Cty �v i 4 OBCii 3 (1 76TAC �e%Cltt 7 -To AAL DT H' APPLICATION TO' ;SOUTHOLD TOWN BOARD OF Al 'P For Office Use Only Fee:$16L Filed By: Date Assigned/Assignment No. Q� 2007 d Office Notes: ZONING 6-0—AR OF APPEALS House No./ Street �'�� �/1 Hamlet il, S-1U�✓ y0 SCTM 1000 Section (J Block Lot(s) �U Lot Size Zone I(WE)APPEAL HE WRITTEN DETERMINATION OF THE BUILD NG INSPECTOR DATED — D BASED ON MAP DATED �'D %0 D 7 Applicant(s)/Owner(s): MailingAddress: ,/ Telephone: VIZ1- �16 5F3yiofFax#: Email: NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: for ( ) Owner, or ( ) Other: Agent's Address: Telephone Fax#: Email: Please c�ck box to specify who you wish correspondence to be mailed to,from the above names: -E Applicant/Owner(s), or ❑Authorized Representative, or ❑Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED �D d 5 O and DENIED AN APPLICATION DATED -7 FOR: ❑Building Permit ❑ Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑ Change of Use .01' ermit for As-Built Construction ❑Other: ix,57-1 1 15 S' Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) ?, Article Section 280- Subsection Type of Appeal. An Appeal is made for: C�1'A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Revers or Other A prior appeal has, L�'has not been made at any time with respect to this property,UNDER Appeal No. Year XN2 . (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: ZBA Fili REASONS FOR APPEAL(additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the JCHARACTER of the neighborhood or a ydetriment to nearby properties if granted,because: 7� 1Y 54ea /5 OccT b r�'S. Te i v .4// /'1/7-- j � / X C20T 0�Q �7 D 6l* C a,/1/G%l �-�I �'/�'h�/f�^h' ©e(f� eZ Co)K Md-A /4,iae/V"--�C 7-e C6 /rn u Ili 7-y . (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: �fJe S�iL . ;C1 Cl 5 e L e�I IV-45 1 Dl �i�72v /`pep �� S/��/� a,�5�'1�T{�-y fGZ 5%f� 15 i/fed Corn Ge�c f � /5-4 5 i`t,,y r e . (3) The amount of relief requested is not substantial because: -19.5�7 (4) The variance will NOT have an adverse a fect or impact on the physical or environmental conditions in the neighborhood or district because: S%O4"/'51 � I S r9// ._F�,/�i.2rist tom►-'� i9/J >� ,�cc'S Sys eucf�e�G�;2sha ��'9�,,, �0 >c 6/45 �'7 y Li/Ou 7 6-e 570ileg �. (5) Has the alleged difficulty been self-created? ( es,or ( )No. Are there Covenants and Restrictions concerning this land: ❑ No. ❑Yes(please furnish copy). 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 BE ESTED, AND P SE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be s e to co: t you ne, I ature of Appellant or Authorized Agent 3�`1,. (Agent must submit written Authorization from Owner) Sworn t , of a me this yof , 20.ra Notary Public MELANIE DOROSKI NOTARY PUBLIC,State of New York No.01 D04634870 Qualified in Suffolk County 2,,D(ID Commission Expires September 30,._._. COUNTY OF SUFFOLK G�3GC�ladCD DEC 19 W BOARD OF APPEALS STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING December 10,2007 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) Diack 6109 Hill 6111 Planitzer 6112 •T,aChance 6113 Frienmann 6114 DiGregario 6115 Guja 6116 Mooney(End of the Road LLC) 6013 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 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: /� (e-5A 0. / Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: /�-o%AWL/ II. New Construction Areas ( i simis): x'y"�5 �� Dimensions of /a 5 ,r 010Lu5 Dimensions of new second floor: ems•'' Dimensions of floor above second level: ;�7z'e y{/4C.7- i/7)-eW 51 s71 S'- Height(from finished ground to top of ridge):0 /-4/i Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: //1 III. Proposed Construction Description(Alterations or Structural Changes) (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: dolt S e >-S J3 ,zi ��92 e JS ���1 Proposed increase of building coverage: $ e,/ /s /y0r-1 Square footage of your lot: t)v S - AT. Percentage of coverage of your lot by buildi g area: (,U ' A S' e /S — -1 3 V. Purpose of N!�Y-.Cnstruction: STa/��Ge VI. Please describe the land contours (flat,slope %, heavily wooded,marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): / 5 -Ve-,-A j y Ct,4 b s y cv©oo5 c�� m/925'fi� Please submit seven(7)photos,labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 •fie. ,'' '� � �'•� ,�i�`�'�' '� ' �` � R �� x QUESTIONNAIRE FOR MING WITH YOUR Z.B.A.APPLICATION A. Is the subject emises listed on the real estate market for sale? ❑Yes r 0 B. Are ere any proposals to change or alter land contours? o ❑Yes,please explain on attached sheet. C. 1)Are there areas that contain sand or wetland grasses? 4120 2)Are these areas shown on the map submitted with this application? / 3)Is the property bulkheaded between the wetlands area and the upland building area? 0 -q 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? e5 Please confirm status of your inquiry or application with the Trustees: /)G(.T C)� TUe4_15 .0/'&Yip and if issued,please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? �i y E. Are there any patios, concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? ,//D (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? �� • c'S If yes,please submit a copy of your building permit and map as approved by the Bui ding Department and describe: te/M;1,C-,1 CC105eP 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. Please list present use or operations conducted at this parcel i n tc and proposed use 56MC (AJIA(A)IA 5 H'-00 (examples- existing: ingle-family; proposed: same with garage or pool,or other description.) Auth riz Signa e and Date/ 2/05; 1/07 �OF 30UTy ELIZABETH A.NEVILLE � �l0 Town Hall, 53095 Main.Road TOWN CLERK P.O.Box 1179 REGISTRAR OF VITAL STATISTICS Southold,New York 11971 N Fax (631) 765-6145 MARRIAGE OFFICER G � a� Telephone(631) 765-1800 'RECORDS MANAGEMENT OFFICER ;4*3 FREEDOM OF INFORMATION OFFICER ��y�OUNTY,� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.,Neville DATED: November 26, 2007 RE: Zoning Appeal No.' 6111 Transmitted herewith is Zoning Appeals No. 6111 of Charles & Lynn Hill-the.Application to the.Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire for Filing with the Z.B.A Application, Transactional Disclosure Form, LWRP Consistency Assessment Form, Deed, Town of Southold Property Record Card, Notice of Disapproval, Building Permit No. 32025, the Findings, Deliberations and Determination from the meeting of March 9, 2006 for ZB File No. 5823, (2) color photographs I f the existing shed, Shed Dimensions as Shown and a Survey of the property prepared by Reddan Surveying, Inc. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 11 / 20 /07 ZBA# NAME CHECK# AMOUNT TC DATE STAMP 6111 Hill, Charles & Lynn 2800 $150.00 NOY 2 .1 200% $150.00 By Thank you. Office Location: O�O$uFF���'`, USPS Mailing Address: . OG .Town Annex/.First Floor,North Fork Bank c� y�c 53095 Main Road 54375 Main Road(at Youngs Avenue) CA Z P.O. Box 1179 Southold,NY 11971 p Southold,NY 11971-0959 y gyp! http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631.)765-1809 Fax (631) 765-9064 . February 20;2008 Mr. and Mrs. Charles Hill 31 Greenridge Avenue #1 D White Plains, New York 10605 Re: ZBA #6111 —Variance application Dear Mr. and Mrs. Hill: Transmitted for your records is a copy of the Board's February 7, 2008 Findings, Deliberations. and Determination,the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building Inspector's Office. You may want to furnish .an extra copy of the enclosed when furnishing additional information to the Building Department. If you have any questions, please feel free to call at any time. Very truly yours, Linda Kowalski Encl. Copies of Decision to: Building Department Town Clerk (Original for filing) Office Location:. g�FFUC�-co' n USPS Mailing Address: G Town Annex/First Floor,North Fork Bank cam. y1 53095 Main Road 54375 Main Road(at Youngs Avenue) ca . = P.O. Box 1179 Southold,NY 11971 py !� Southold,NY 11971-0959 http://southoldtowri.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 .Fax(631) 765-9064 LEGAL NOTICE SOUTHOLD-TOWN ZONING BOARD OF APPEALS THURSDAY;JANUARY.24, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by 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, JANUARY 24,2008: 9:30 A.M. CHARLES HILL #6111. Request for a Variance under Section 280-15, based on the Building Inspector's November 5, 2007 Notice of Disapproval concerning an as-built accessory shed in a yard other than the code-required rear yard, at 655 Lake Drive, Southold; CTM 80-3- 20. . 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: December 27,200.7. ZONING BOARD OF APPEALS JAMES DINIZIO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address/USPS) P.O. Box 1179 Southold, NY 11971-0959 /LI - / (/ �eps #8662 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine if gattituck, in said county, being duly sworn, says that 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 a week for 1 week(s), successively, commencing on the 10th day of January, 2008. Principal Clerk 4, t II it Sworn to before me this t day of 2008 11:25 A.M. ROBERT and ERIN DICKERSON #6120. Request for a �Y�� Variance under Sections 280-122A and CHRISTINA VuLINSKI 280-124, based on ZBA Interpreta- tion#5039 (Walt Application) and the j NOTARY PUBLIC-STATE OF NEW YORK Building Inspector's November 16,2007 No. 01-V06105050 Notice of.Disapproval concerning pro- ®Uali?I,@d In Suffolk COUrlty posed additions and alterations to an existing dwelling,which new construe- Commission Expires February 28, 2008 lion creates a new nonconformance or Southold, New York 11971-0959, on alterations to the existing.single-family increase in the degree of nonconfor- THURSDAY.JANUARY 24,2008: dwelling, which new construction: (a) mance when located less than 50 feet 9:30 A.M. CHARLES HILL#6111. will be less than 75 feet from the bulk- from the front lot line and less than Request for a Variance under Section head adjacent to Cutchogue Harbor and feet on a side yard.Location of Proper_ — 280-15, based on the Building Inspec- (b) will exceed the code limitation of ty:1600 Alvah's Lane,Cutchogue;CTM tor's November 5,2007 Notice of Dis- 20% maximum lot coverage.Location 102-4-8.1. approval concerning an as-built acces- of Property: 1165 Old Harbor Road, 1:00 P.M.MILDRED ANN DIACK sory shed in a yard other than the code- New Suffolk;CTM 117-3-8.4. #6109: Request for a Variance under required rear yard,at 655 Lake Drive, 1:50 P.M. RICHARD TRIPPTREE Section 280-116A.2,based on the Build- Southold;CTM 80-3-20. #6118. Request for a Variance under ing Inspector's October 11,2007 Notice 9:40 A.M. DEBRA LACHANCE Section 280-124,based on the Building of Disapproval concerning the iota- #6133. Request for a Variance under Inspector's September 7, 2007 Notice tion'of a dwelling'at'less than 1.00 feet Section 280-124,based on the Building of Disapproval concerning a proposed from the ordinary high water mark of Inspector's November 14,2007 Notice porch addition which will be less than 40 the Long Island Sound,at 1840 Leeton I of Disapproval concerning a proposed feet from the front lot line,at 910 Wa- Drive,Southold;CTM 58-2-11. addition to the existing single-family basso Street,Southold;CTM 78-3-50.1. 1:20 P.M.17690 BAYVIEW ASSOCI- dwelling, which is proposed less than 2:05 P.M. FRANCIS J. COUTTS ATES #6117. Request for a Variance 10 feet from the side yard,less than 25 FAMILY TRUST by G.Hallenbeck III, under Section 280-116B, based on the feet for total side yard setbacks,and less Trustee#6098.(Continued hearing).Re- Building Inspector's November 5,2007 than 35 feet from the front lot line,at 630 quest for Lot Waiver to Unmerge.Loca- Notice of Disapproval concerning pro- Ruch Lane,Southold;CTM 52-2-26. tion of Property: 10650 Sound Avenue posed alterations to•the existing first 9:55 A.M. ROBERT and MARY at corner of Factory Avenue,Mattituck. LEGAL NOTICE floor, new second-floor addition over KATE DIGREGORIO#6115.Request CTM 142-1-3.2 and 3.3. SOUTHOLD TOWN ZONING_ the existing first floor,which new con- for Variances under Sections 280-15B, 2:20 P.M. KINGA CRARY #6108. BOARD OF APPEALS struction areas will be less than 75 feet 280-15C,280-124,based on the Building Requests for additions and alterations THURSDAY,JANUARY 24,2008 from the bulkhead adjacent to Goose Inspector's October 15;2007 amended to accessory building with:1)proposed PUBLIC HEARINGS Creek,at 1690 Bayview Road,Southold;S. Notice of Disapproval concerning a habitable space for studio workshop as NOTICE IS HEREBY. GIVEN, _ CTM 70. proposed accessory garage on this shown in the proposed layout of the ac- pursuant to Section 267 of the Town 1:35 P.M.M. ANDFORD and ELIZA- 16,586 square foot lot.The new garage cessory building,(2)proposed noncon- Law and Chapter 280 (Zoning),Code BETH FRIEMANN #6114. Request is proposed at 22 feet in height in a loca- forming setbacks from the side and rear of the Town of Southold, the follow- for Variances.under Sections 280-116B tion at less than 20 feet from the side lot lot lines at less than three feet,and(3) ing public hearings.will be held G and tor's am based on the Building I 7 line,and less than 35 feet from the front proposed dormers exceeding 40% of the SOUTHOLD TOWN ZONING' spector's amended November 26,2007 lot line,at 1000 Oak Street (at Pierce the roof width. Location of Property: BOARD OF APPEALS at the,_Town - Notice of Disapproval concerning pro- Drive),Cutchogue;CTM 136-1-36. 355 Skippers Lane,Orient;CTM 24-2-4. Hall,53095 Main Road;P.O.Box 1179, posed additions, swimming-pool, and 10:05 A.M. RUSSELL E. PLAN- 3:00 P.M. EDNA McNULTY (and i ITZER #61.12. Request for a Vari- JOHN C. DILLER and HOLLY M. ante under Section 280-14, based on DILLER) #6090. Request for a Vari- the Building Inspector's October 30, ante under Zoning Code Section 2007 Notice of Disapproval concern- 280-18, based on the Building Inspec- ing proposed alterations to an existing tor's July.26,2007 Notice of Disapprov- third-story living area in a single-family al which states that the Bulk Schedule dwelling,for the reason that the Code requires a minimum lot area of 40,000 limits construction to 21/2 stories in square feet,and the area of CTM Parcel I height.Location of Property:South Side 1000-145-02-1.5 will be reduced from of Ocean View Avenue,Fishers Island; 20,877 square feet to 20,093 square CTM 9-11-3.1. feet,creating a greater degree of non- 10:25 A.M.JOHN CORBLEY#6119. conformity,with a lot line change to en- Request for Variances under Sections large CTM Parcel 1000-145-02-1.4 from -- 280-122, 280-124, based on the Build- 22,151 square feet to 22,936 square feet.. ing Inspector's October 4,2007 Notice Both parcels are currently nonconform- of Disapproval and Zoning Code Inter- ing in lot size in the R-40 Low-Density pretation#5039(Walz)concerning pro- Residential Zone District, located at posed additions and alterations to the 1.60 and 240 Great Peconic Bay Boule- existing single-family dwelling, which vard,Laurel. new construction will create a new non- The Board of Appeals will hear all conforming side yard setback,and will persons,or their representatives,desir- create an increase in the degree of non- ing to be heard at each hearing,and/or conformance,when located less than 15 desiring to submit written statements feet on one side yard and less than 35 before the conclusion of each hear- feet for both side yard setbacks(total), ing.Each hearing will not start earlier at 680 Mason Drive,Cutchogue;CTM than designated above.Files are avail- 104-7-3. able for review during regular business 11:05 A.M. GARY GUJA #6116. hours and prior to the day of the hear- Request for Variances under Sections ing.If you have questions,please do not 280-124 and 280-242A, based on the hesitate to contact our office at (631) Building Inspector's September 17,2007 765-1809,or by email:Linda.Kowalski@ Notice of Disapproval concerning pro- Town.Southold.ny.us. posed additions and alterations to the Dated:January 3,2008. existing single-family dwelling, which ZONING BOARD OF APPEALS new construction will create a new non- GERARD P.GOEHRINGER, .conformance or increase the degree of CHAIRMAN nonconformance with setbacks total- By Linda Kowalski ing less than 35 feet on both side yards, 54375 Main.Road(Office Location) at 372 North Drive, Mattituck; CTM —^-`309M in Road(Mailing Address/ 106-6-29. USPS) P.O.Box 1179 Southold,NY 11971-0959 8662-1T 1/1 n TOWN OF SOUTHOLD MOPERTY R14ORD CARD Y'ZeOg OWNER STREET VILLAGE DISTRICT SUB. LOT cad t�s 6 2 :,OR/AER OW, NER N E ACREAGE S W TYPE OF BUILDING ES. SEAS. VL. FARM comm. I IND. I CB. I misc. I Est. Mkt. Value LAND IMP. TOTAL . DATE REMARKS �2 7 L e? A -7 ki-V/ 40 7 (...... . I t —Llai 8&?J Ijo i4il L0.4 AGE BUILDING CONDITION fiv, NEW NORMAL BELOW ABOVE FRONTAGE ON WATER 0 (-2-15 Z3 2- o Form Acre Value Per Acre Value FRONTAGE ON ROAD Ilable I BULKHEAD 11able 2 DOCK5b--1i0(p 9P.H-- 2.aca5acHi+ons j-o-)fc;yzutfans 11able 3 oodiand tampland ushland )use Plot f'Y;^c .?y '1'.�•'�.� ��'\`r'G'L i ;, L ' r + a • ® �N PARd0ISE SHORE RD OAK at OR. (So') v REYDON Dp_ i ___—' � Oo// y°i _°---- .° � N =\ \\ \\sIl =� i M c� I �Ie/ °%�\�\.m\\\L � , tI C-) If/1. (SO,) Vj.90.1 CN3 21, ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK --------------------------------------------------- -X In the Matter of the Application of AFFIDAVIT OF MAILINGS (Name of Applicants) CTM Parcel #1000- -------------------------------------------------- -X COUNTY OMT1T-00M '- STATE OF NEW YORK) r Z� residing at �s ����•2, � •. New York, being duly sworn, depose and say that: On the dax of r ,�60 , I personally mailed at the United States Post Office in fie r� New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( )Assessors, or( )County Real Property bffice ,for every property which abuts and is across a public or priv�ce street, or vehicular right-of-way of record, surrounding the applicant's property. ZA- f (Signature) Sworn to before the this day off tti-,NZ) 200,,!;- Glenn R.Tartaglia Notary Public, State of New York No.01 TA4.853331 Qualified in Westches!c s to Pu liC) Commission Expires Fet,rc,,;: PLEASE list, on the back of this idavit or on a sheet of paper the lot numbers next to the -- wner-names-and-addresses-farwhi°C'-M'i erg--a lM--M nk you --:-- --,-- -':: I .. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK -----------------------------------------------------X In the Matter of the Application of AFFIDAVIT OF SIGN (Name of Applicants) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- --------------------------------------------------- -X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, �S residing atC� New York, being duly sworn, depose and say that: On the day of ,p�ao� I personally placed the Town's official Poster, with the date of hearin 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 or to thlat date of the subject hearing date, which hearing date was shown to be aye j r (Signature) Sworn to before me this day of,)"u" , 2000 GNL A.GHOSIO Npbry Public,State of New York No.6163270 (Notary Pu ) OonwNa� Suffolk CC 9et � *near the entrance or driveway entrance of my property, as the area most visible to passersby. Postal CERTIFIED MAIL. RECEIPT m , N (Domestic Mail Only, ti • SYQ THY U79111 L U, . r` $0.41 0136 cc Postage $ ru g090� Certified Fee $2.65 C3 �$Stmark y Return Receipt Fee +2°15 Z re .s 0 (Endorsement Required) ! J Restricted Delivery Fee $0°� t. 4 p (Endorsement Required) Total Postage&Fees $5.21 03O ► Sent To� �i�L� , o O Street,Apt.No.; (� r`- or PO Box No. l�s/��' r -- ------------------------------ City,State,ZIP+4 !� �ISQ 7- 1/'7 Ct/ PS Form :rr 0°. / Postal ■t�. •� •� . COMPLETE • ■ , MAILf . ■ -n ete items 1,2,and 3.Also complete"- Sig e (Domesticr Agent if Restricted Delivery is desired. Addressee delivery our name and address on the reve[sr ° soul, ��Y i969° P ^�• t we can return the card to you � g e ived by Pnn Name) C. Date of Delivery IJ7 � """ �:.. , this card to the back of the mailpieC -,� l ;he front if space permits. cc Postage $ $0.41 0136 livery address different from item 1? 0 Yes fll Addressed to: '` ES,enter delivery address below: ❑No ftl Certified Fee $2•65 0 O9 0� ANC3 - Return Receipt Fee $2 15 0 Here s~�� t✓�/► i _ / S� C3 (Endorsement Required) ° .A Q. Restricted Delivery Fee $0 Go°40 Z p (Endorsement.Required) 1,1 //l�(1 (Jam $5.21 /2008 I �� 3. Service Type Total Postage&Fees �y Certified Mail ❑Express Mail Sent To �i Registered ❑Return Receipt for Merchandise C3 (�fly,C �yhp � l Sr J � ❑Insured Mail ❑C.O.D. c3 Street,Apt:N-o' ra Fee ❑Yes or PO Box No. /L4. Restncted Delivery?(Ext )------------City,State,Z1 +4 (( tt ' t 1 t, t# ! ! t d t l i s .�O fer romeservice laben i 0 7 i ` 71'0` 0 0 0 3 2 8 7 5 618 6 I_ -- - - S Form 3800:Auctust 2006 See Re I verse for Instructions . - Qe I eturn Rec I t _ 259 M�5r' iPSForm3811,Fabnl� :n.:::= =60- • �Ett111tr 1111 t�f!>li�t>�tl�i�rtti�l9rtt s tt�ltil. . ® • • COMPLETE ■ to items 1,2,and 3.Also complete Sign tur Tt • ° ,. , ,_, 'Restricted Delivery is desired. ❑Agent T jr name and address on the reverse ❑Addressee � ,p a can return the card to you. -n N. B. Received by Tinted Name) C. Dat of D ivery •Nam, S _ 0 Ills card to the back of the mailpiece, +n � A L R ;front if space permits. /l vlf Postage $ $0.41 0136� dressed to: D. Is delivery ddress different from Rem 1? ❑Yes 090 t u $1.( 0 , If YES,enter delivery address below: ❑ No Certified Fee 0 ✓ �C��s //l�SG�� Z mark J 0 Return Receipt Fee $2.15 e 4 (Endorsement Required) ( � Z4 i-eA7 L/7. O `y Restricted e $000 p (Endorsementnt Required)Feeed)) . So(e A $5.21 01 �s rrl� 0 t/I 3. S ice Type oTotal Postage Fees 39 i /b5-�° }Certified Mail ❑Express Mail O Registered ❑Return Receipt for Merchandise Sent To �/• C / S l� ❑ Insured Mail ❑C.O.D. - / - p Street,Apt.No.; / 4. Restricted Delivery?(Extra Fee) ❑Yes r%- or PO Box No. "_'"__"_____ I------ ber t. :. ,� City Stale,ZlP+4 A /0�6o vm service label) ' t 7 a o a 1 a-`�0 0 0 3 2 8 7-5 61'9 3. - 11 February 2004 Domestic Return Receipt 102595-02-M-1540 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------=------=---------------; EARRI ED -----x In the Matter of the Application of 20MA.FFID VIT OF S N(Name of Applicants) p;pP ' G Regarding Posting of Sign upon Applicant's Land Identified as 1000- - -----X COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at C� New York, being duly sworn, depose and say that: On the day of ,o�o�, I personally placed the Town's official Poster, with the date of hearin-9 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 daysprior to that date of the subject hearing date, which hearing date was shown to be r . (Signature) Sworn to before me this Tday of.)"u" , 2009 Aa� 0, 0GAIT A.GFM try Pabltc,sate aW� (Notary Pu ) Oil 1 L *near the entrance or driveway entrance of my property, as the area most visible to passersby. TRANS TIONAL DISCLOSURE FORM APPLICABLE TO _ ,. NER, CONTRACT VENDEE AND AGl✓ The Town of Southold's Code of Ethics prohibits conflicts of inter : - cers and employees. The purpose of this form is to provide information,n,twhic on h a alert the Topart of Town wn of <<w=' possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (-e Las( t name, first name, rmddle 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 by blood, marriage or business interest "Business interest" means a business includin g a .partnership in which the Town officer or employee has even a partial ownership of (or em to ment b a co oration in which the Town off er or em to ee owns more than 5% of the --- sharp — �. 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, or child is (check all that apply): 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 y �d U Signature: Print Name: - ( / / VV� � V •� —� �/ � N 309500 l9 SOD' _ S°� SEE SEC.N0.133 / s 7.1 ` 30.1 ae x ' i I w `� ,kv. � l / l i /„• / / � / % %/ / / ns. .. I 1 1 z 21.1 13 ---- 4= _-- ---- _---_ 24.1 — 39 ¢ e no 11_—_---__ 'UNOft TER( M — .. 12 ------- 9(D) 29 .6A(c "(E) --19—. Q i3 --- 10 /' 1 14 20 19 29 LAKE A(c) _ DR. e, (PVT.RD.) (50') ¢„ 21 12 -GA( I ,16.1 I 4 ——— ---_ I y\3 1 I I — 241 25 22.1 ---i.AGI — --- —————— Zo. „ \ I (C) I 13 — 5 1 n I I ---- — ecs os 1 I I I I 23.1 _ ------ "'._ 15.2— 14 n" n l °I s ° ---6— 3 O "------ n I ine \\ \ \\\ lot 24.1 J' \\ 13 — x ems/a s \\15.1 i 112.1I ,• \\ \\ 25 ����. /_, 14.1 26 GROVE \ \\ \\ \ IZ=i II 17.21 26 /j= 102 60 N IO2 600 27 w 28 Town of Southold LWR.P CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION S CTM# The Application has been submitted to (check appropriate response): r Town Board ❑ Planning Board Building Dept. J ❑ ❑ Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance(e.g. grant, loan, subsidy) - -------- -- ----- Z'ermrt, approva, eense, certification:------ ----- Nature and extent of action: Location of action: Site acreage: Present land use:. S1h Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code( ) (d) Application number, if any: Will the action be.directly,undertakerr,require funding, or approval by a state or federal agency? Yes ❑ No❑ If yes,which state or federal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community charaeter, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes FINo 0 Not Applicable Attach additional sheets if necessary -�'ohcy .-Prc and preserve-liisoric and archaeological resources o��lre T vn -Southold. See LWRP Section III— Policies Pages 3 through 6 for evaluation criteria ❑ Yes 11 No Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life,'structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No u Not Applicable Attach additional sheets if necessary Policy.5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ElNo [ Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22 through 32 for evaluation criteria. - --- -- Yes ❑No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air duality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria, Yes No Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from.solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No l-J Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of,.coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III —Policies; Pages 38 through 46 for evaluation criteria. �� ❑ Yes❑ No[- Not Applicable Attach additional sheets if necessary -- ---............... ... ...._..._...._.............._._.._-. ._.. WORKING COAST POLICIES ----...................................._........._.._... -------- -.. - ..._.......-------- .. Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. es 6--ffmot AppiicaTile Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters.. S—eeeLLWRP Section III—Policies; Pages 57 through.62 for evaluation criteria. ❑ Yes ❑ No L� Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town W of Southold. See LRP Section III —Policies;.Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No E- Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III— Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable ....... ..... Created on 5125105 11:20 AM PROJECT I.D.NUMBER. SEQR 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—Project Information(To be complete by Applicant or Project sponsor) 1.Applicant/Sponsor 2.Project Name 3.Project location: Municipality County 4.Precise location(Street address and road intersections,prominent landmarks,etc.or provide map) 5.Is proposed action: ( ) NEW ( ) EXPANSION ( )MODIFICATION/ALTERATION 6.Describe project briefly: 7.Amount of land affected: Initially: acres; Ultimately: acres Y 8.Will proposed action comply with existing or other existing land use restrictions:( )YES ( )NO If No,describe briefly: 9.What is present land use in vicinity of project:(describe): ( ) Residential ( )Industrial ( )Commercial ( )Agricultural ( )Park/Forest/Open Space ( )Other 10.Does action involve a permit approval or funding,now or ultimately from any other Governmental agency,(Federal,State or Local)? ( )YES ( )NO If Yes, list agency(s)and permit/approvals: 11. Does any aspect of the action have a currently valid permit or approval? ( )YES ( )NO If Yes, list agency(s)and permit/approvals: 12.As a result of proposed action,will existing pen-nit/approval require modification? ( )YES ( )NO If Yes, list agency(s)and permit/approvals: I certify that the information provided above is true to the best of my knowledge Applicant/Sponsor Name: Date: Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment Town Of Southold P.O Box 1179 Southold, NY 11971 RECEIPT Date: 11/21/07 Receipt#: 2800 Transaction(s): Reference Subtotal 1 1 Application Fees 6111 $150.00 Check#: 2800 Total Paid: $150.00 Name: Hill, Charles& Lynn 31 Greenridge Ave 1d Whiteplain, NY 10605 Clerk ID: MICHELLE Internal ID:6111 NuTIr:. E ul� HEARINta The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: FAME : HILL, C . #6111 f1AP # : 80=3=20 . APPEAL : Yard Location Variance GEQU EST: As-Built Accessory Shed DATE : THURSD", Jan . 24, 9 : 30 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 . 1'ONING BOARD-TOWN OF SOUTHOLD 765= 1809 ZONING BOARD OF APPEAL_- MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 11 79 .Southold, NY 11971-0959 (631) 765=1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1 st Floor 54375 Main Road and Youngs Avenue, Southold website: hgp:Hsouthtown.northfork.net December 27, 2007 Re: Town Code Chapter 55— Public Notices for Thursday, January 24, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal!Notice describing pp our recent application. The Notice Y will be published in the next issue of the Times Review newspaper. 1) Before January 7tn 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 January 8t : 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 January 14t" 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 prior,to January 24, 2008. 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. i O � Office Location: ��. pGy Mailing Address: Town Annex/First Floor,North Fork Bank y 53095 Main Road 54375 Main Road(at Youngs Avenue) - • P.O. Box 1179 Southold,NY 11971 y Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE'TRANSMITTAL SHEET TO: Fax# n Date: TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: ❑ URGENT ❑ FOR YOUR UPDATE ❑ PLEASE COMMENT ❑AS REQUESTED ❑ _______________ NOTES/COMMENTS: Please find attached copy/copies of the following�:, Z-LQi� S Thank you. Sender's Initials: rn APPEALS BOARD MEMBERS OF soar Mailing Address: Ruth D. Oliva,Chairwoman ��� yQ Southold Town Hall 4 53095 Main Road•P.O.Box 1179 Gerard P.Goehringer Southold,NY 11971-0959 James Dinizio,Jr. y Office Location: Michael A.Simon Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman CQum 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWNS OF SOUTHOLD Tel.(631)76571809•Fax(631)765-9064 ' V-S�9 0 R 14 p FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 9,2006 Soof`icid rrt;r�Clem ZB File No.5823—Charles and Lynn Hill Property Location: 655 Lake Drive, Southold CTM 80-3-20 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review,falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION:The applicant's property is shown as Plot 1 on the Map of re-subdivision of Block F, Map of Reydon Shores, filed October 7, 1936 with the Suffolk County Clerk's Office. The lot contains an area of 13,300+- square feet and has 60 feet along Lake Drive. The property is improved with a two-story,single-family house, as shown on the applicant's site plan dated December 6,2005. BASIS OF APPLICATION: Building Department's November 16, 2005 Notice of Disapproval, amended November 29,2005,citing Sections 100-242A(Walz Interpretation No.5039)and 100-244B, in its denial of an application for a building permit to construct proposed additions and a new accessory garage,for the reasons that the new construction will constitute an increase in the degree of nonconformance when located at less than 10 feet on a single side yard, and the proposed garage is proposed at less than 35 feet from the front yard lot line. ADDITIONAL INFORMATION: The November 29, 2005 Notice of Disapproval was amended to reflect details and changes in setbacks that were not included on the rough map submitted under the November 16, 2005 Notice of Disapproval. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 9,2006, 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 propose: (a) anew 20' x 26' garage facing Lake Drive, with a setback of 23.9 feet to the front lot line, and 41 feet to the edge of the pavement in the easement of Lake Drive, (b)with a side yard setback shown at 7.57 feet from the westerly side lot line, and(c)proposed first floor additions; (d) second floor reconstruction with cottage style deck, after removing the existing nonconforming dormer, all as shown on the October 30, 2005 diagrams with applicant's updated hand-written notations and site plan with updated penciled notations. REASONS FOR BOARD ACTION: On' the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: \Y Page 2—March 9,2006 ZB File No.5823—Charles and I 'Nill CTM No.80-3-20 1. Grant of relief from the code-required front yard setback and alternative variance for a minimum four foot side yard on the westerly side will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The traveled edge of Lake Drive extends approximately 17 feet beyond the applicants' lot lines, which gives the appearance of 43 ft.front yard from the house, although the setback will be 23 feet from the code-required front yard lot line. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant is removing the existing accessory shed off the property as part of this proposed site plan. 3. The relief requested is substantial in relation to the code requirements, and is the maximum relief that the Board will allow. 4. Although the home is existing with side yard nonconformities, the difficulty was created, based on applicants'desire to build in these locations with an increase in the degree of setback nonconformitles. 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 the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and an accessory ;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 Weisman, seconded by Member Goehringer, and duly carried,to GRANT the variance with regard to the front yard setback as shown on the October 30,2005 elevation and site diagrams with hand-written notations,and to DENY the relief as applied for with regard to the requested westerly side yard setback, and to GRANT altemative relief for a minimum four(4)ft. side yard setback for the proposed garage on the westerly side,and subject to the following Conditions: 1. The leaders,down spouts,gutters shall be installed with an adequate drywell system; 2. Lighting shall be shielded to the applicant's property without affecting neighboring lands. 3. The existing accessory shed shall be removed off the property. 4. The garage shall be used for code-permitted accessory uses,and not as dwelling livable area. 5. The westerly side yard shall not be less than four feet for new construction. 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Simon, and Weisman. Member Dinizio was absent. This Resolution was duly ad Ruth D.Oliva, Chairwoman 4/1'.3 06 Approved for Filing FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 32025 Z Date MAY 22, 2006 Permission is hereby granted to: CHARLES B & LYNN B HILL PO BOX 223 WHITE PLAINS,NY 10605 for ADDITIONS AND ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR PER ZBA 45823 AND DEC AS APPLIED FOR WITH FLOOD PERMIT. at premises located at 655 LAKE DR SOUTHOLD County Tax Map No. 473889 Section 080 Block 0003 Lot No. 020 pursuant to application dated APRIL 18 , 2006 and a roved by the Building Inspector to expire on NOVEMBER 22 , 20 Fee $ 958 . 00 Auth d Signature COPY Rev. 5/8/02 Office Location: $UFfO��' USPS Mailing Address: G Town Annex/First Floor,North Fork Bank_ �� y< 53095 Main Road 54375 Main Road(at Youngs.Avenue) y 2 P.O. Box 1179 Southold,NY 11971 O .F Southold, NY 11971-0959 http://sou.tholdtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD .Tel, (631).765-1809 Fax (631) 765-9064 November 27, 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. 6111 Hill Action Requested: Yard Location Variance Within 500 feet of: ( ) State or County Road ( X .)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 ZBA �Q App.,,Name C7 Tax`Map O FilefNo f ` II sFQRa hoard Member jRuth D. Oliva ,�,.,K �. C� a ust� '� "' �_�:,.�: „.-..<,•�...u.�---� Search Hear�q Time �',�454PM ' ,� ❑ ether � „ , ,„ � File Number 6111 Tax Map 3 20 `App Name HILL, Charles and;Lynn Received Dater /1 / 007Tot Fees i50 OD ; 3 Harfiiet Southold Type ;Residential Zone R 40 Da -77 te forwarded to Town Glork 1/20/2007 -r Status ` New Action Meeting Dates Building,Dept Meetin Date' ND Date 1 1/5/2007 L'ocataon ` 655 Lake Drive g �Mearan 4/2008 J N Date 1 /2D DateN2 I SE?ort As built accy shed - 280-15 - located in side yard --- -mm Desc I �yHearjng Datb,'2 i NDzDate 3 € 5-1 H g to 4 ��� earn Date 3 ND Da r 1 Prior ZBA 5823 (2006) Hearin Date 4 ND Date S r 4 ND Notes I; Hearing Date 5 � , Dat e b E ActionDae ND,Date 7 i _ e Develo ed b the SWthol Town Data PraceSSin De a�16,rtment y g p