HomeMy WebLinkAbout6120 vie
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Office Location: O�OSuffO(�CO USPS Mailing Address:
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Town Annex/First Floor,North Fork Bank y�c 53095 Main Road
54375 Main Road(at Youngs Avenue) y Z P.O. Box 1179
Southold,NY 11971 py Southold,NY 11971-0959
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http:Hsoutholdtown.northfork.net
BOARD OF APPEALS FEB 9 2008
TOWN OF SOUTHOLD �lc���Q��
Tel. (631)765-1809 Fax(631)765-9064 Sou`t`ho�Id�T®werClert
FINDINGS., DELIBERATIONS AND DETERMINATION
MEETING OF FEBRUARY 7, 2008
ZB File # 6120 - ROBERT and ERIN DICKERSON
Property Location: 1600 Alvah's Lane, Cutchogue CTM 102-4-8.1
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'42,976 square foot non-conforming lot
with 100 feet along Alvah's Lane :is improved with a one and one half story house and a
one-story accessory garage, as shown on a March 26. 1996 survey, revised December 6,
2007 by John Metzger.
BASIS OF APPLICATION: Request for.a Variance under Sections 280-122A and 280-124,
based on ZBA Interpretation #.5039 (Walz Application) and the Building Inspector's
November 16, 2007 Notice of Disapproval concerning-proposed additions and.alterations
to an existing dwelling, which new construction creates.a new nonconformance or increase
in the degree_of nonconformance when located less than 50 feet from the front lot line and
less than 15 feet on a side 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: The applicant is requesting a variance for
additions and alterations of the front porch and expansion of second floor livable space, as
shown on Second.Floor Addition and Elevation Plans prepared by Joan Chambers with
ZBA Date Stamp December 6, 200.7.
Page 2—February 7, 2008
ZB File No. 6120—Robert and E .,ickerson
CTM No. 102-4-8.1
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
1. Town Law g267-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 because
the house has existed, with the same setbacks, in this neighborhood for many years.
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 because
any addition to this house would require a variance based on the ZBA interpretation in
Walz, due to the existing location of the building on this property.
3. Town Law g267-b(3)(b)(3). The variance requested herein is not substantial because
the existing setbacks will remain the same.
4. Town Law §267-b(3)(b)(5). The difficulty is not self-created because the house was
built before any requirements for setbacks existed. Therefore, the difficulty of adding a
covered front porch and increasing the livable area of the second floor of the existing
house was created by the existing setbacks of the building.
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.
6. Grant of the relief requested for the front porch and expansion on the second floor
livable space is the minimum action necessary and adequate to enable the applicant to
enjoy the benefit of their home, 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 Dinizio,
seconded by Member Weisman, and duly carried, to
Grant the variance as applied for, as shown on the March 26. 1996 survey, revised
December 6, 2007 by John Metzger and Second Floor Addition and Elevation Plans
prepared by Joan Chambers with ZBA Date Stamp December 6, 2007.
The above condition shall 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
Page 3—February 7, 2008
ZB File No. 6120—Robert and E.... .jickerson
CTM No. 102-4-8.1
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: Vice Chairwoman Oliva, Dinizio, and Weisman. This Resolution
was duly adopted (3-0). Absent were Members Goehringer (Chairman) and Simon
RUTH D. OLIVA, VICE CHAIRWOMAN
Approved for Filing 02/ /�/2008
.�i(Il1/►L. d-e 1�QC�C-� /0 ? CL,
�oQ, nPpran gee i nsS > FORM NO. 3
NOTICE OF DISAPPROVAL
l r0�1l
DATE: November 16 2007
is TO: Robert Dickerson
P 1600 Alvahs La.
¢ Cutchogue,NY 11935
QE��U��D
Please take notice that your application dated Nov. 16, 2007
For additions and alterations to an existing dwelling at 2 1
Location of property 1600 Alvahs La., Cutcho ug e,NY BOARD OF APPEALS
County Tax Map No. 1000 - Section 102 Block 4 Lot 8.1
Is returned herewith and disapproved on the following grounds:
The proposed construction, on this non-conforming 42,976 square foot lot in the AC
District, is not permitted pursuant to Article XXIII Section 280-122A which states;
"Nothing in this article shall be deemed to prevent the remodeling, reconstruction
or enlargement of a non-conforming building containing a conforming use,
provided that such action does not create any new non-conformance or increase
the degree of non-conformance with regard to the regulations pertaining to such
building
The single-family dwelling, notes a front yard setback of 3l' & side yard of @ 9'. The
proposed covered front porch&2°d floor additions indicate a front yard setback of
approximately 31' & side yard setback of(cal 1'. Pursuant to the interpretation in Walz
(#5039), such additions and alterations will thus constitute an increase in the degree of
nonconformance. The addition is not permitted pursuant to Article XXIII, Section 280-
124, which states that non-conforming lots,measuring between 40,000 & 59,999 square
feet, require a minimum front yard setback of 50' and a side yard of 15'.
Authorized Signature
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RECEIVED
DEC 6 - 2007
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ZONING BOARD OF APPEALS
SURVEY FOR'
AREA 42,976 sq.ft. WILLIAM J. KERRIGAN
AT CUTCHOGUE
TOWN OF SOUTHOLD
SUFFOLK - COUNTY, N. Y.
1000 - 102 - 04 - 8.1
Scale: 1" = 50'
Mar. 25 . 1996
CERTIFIED TO
K
WILLIAM J. Dec. 17, 2003 (SET PROPERTY MARKERS)
ERR/GAN Jul 2.3 2004 (certifications)
CHASE BANK Y
FIDELITY NATIONAL TITLE INSURANCE �J�c. �o� 200-/ top GotoLr f�o7 S�
200 5P�NY OF NEW PORK FINAL MAP •
REVIEWED BY ZBA 16°
SEE DEC1S10 # f v;`a ,.MEr`G� �-
DATEDow
ANY ALTERATION OR ADDITION TO THIS SURVE�/S A V/OLIA_T[OAL I ( ��.Y--�'*��
OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW,
EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERT/F/CAT/ONS
HEREON ARE VALID FOR THIS MAP AND COP/ES THEREOF ONLY /F ECON/C SURVEY J
WHOSE S G OR NA TORE/EAPPEARS HEREONESSED SEAL OF THE SURVEYOR (516) 765 - 5020 � L f►PJD��
P. 0. BOX 909
ADDITIONALLY TO COMPLY WITH SAID LAW THE TERM 'ALTERED BY'S RAVELER STREET
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MUST BE USED BY ANY AND ALL SURVEYORS UNL/Z/NG A COPY 1230 1230 LD
OF ANOTHER SURVEYOR MAP. TERMS SUCH AS *INSPECTED'AND , N.Y. 11971
BROUGHT-TO-DATE'ARE NOT/N COMPLIANCE WITH THE LAW. ADD CERT. 04/25/96
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DICKERSON RESIDENCE 18'-7 •
SECOND FLOOR ADDITION
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JOAN CHAMBERS
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EXTEND EXIST.FLUE
ADD DORMERS TO EXISTING ROOFZ - w
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JOAN CHAMBERS
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APPLICA' v TO THE SOUTHOLD TOWN BOA-- OF APPEALS
For Office Use Only " f''' "" :, E
Fee:$ Filed By: Date Assigned/Assignment No.
Office Notes: DEC 6 e 2007
'^ F APPEALS
House No. ® Street AA y a Y I.S Lfa n e, Hamlet
SCTM 1000 Section_Mht lock b 4 Lot(s) 15 a Lot Size , Zone
I(WE)APP AL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED 1 I 1 to 10-7 M-A BASED ON MAP DATED 4
Applicant(s)/Owne (s): r avt. e- Iyx i cv-e.r5on
MailingAddress: I Le b® v . me- C,,UV6a0± �9
Telephone: ���'�"� Fax#: 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:
Pleas check box to specify who you wish correspondence to be mailed to,fi-om the above names:
lApplicant/Owner(s),or ❑Authorized Representative, or ❑ Other Name/Address below:
WHEREBY THE BUILDING INSJVECTOR REVIEWED MAP DATED and DENIED
AN APPLICATION DATED (Q D FOR:
Building Permit
❑Certificate of Occupancy ❑Pre-Certificate of Occupancy
❑Change of Use
❑Permit for As-Built Construction
❑Other:
Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning
Ordinance by numbers. Do not quote the code.)
Article](XJ4 Section 280- 1 2.2-A Subsection
Type of Appeal. An Appeal is made for:
XA 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
❑Reversal or Other
A prior appeal❑has, 14'has not been made at any time with respect to this property,UNDER Appeal
No. Year . (Please be sure to research before completing this question or call our office for
assistance.)
Name of Owner: --;A File#
REASONS FOR APPEAL(additional sheets may be used with nrenarer's siznature):
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:
#om , w 01 be u nad�d . 1�b4Pri s�l�- r��-f- � �-f�i ' bi� �'Y�q
(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: q{�-� 1
`k. - hors is ��-cvYtfor m 5 S z� aV� �il�P5
i1ud.5 Ck vari ance-' .
(3) The amount of relief requested is not substantial because: 'J f f$ a pprl)yl/'' o-fQ It
1401,10 xl
10 Of e -64-ir home.. 1
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because: ufarad, d p a..i�� ®'F home, t v 1 l l
,be moYZ Qner ��'cr e�f
(5) Has the alleged difficulty been self-created? ( )Yes,or 4NO.,
Are there Covenants and Restrictions concerning this land: )j No. ❑Yes(please furnish cony).
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 PLEASE COMPLETE THE
ATTACHED USE VARIANCE SHEET: (Please be sure to c sult your attorney.)
—&4A— U�
Signature of Appe ant or Authorized Agent
p-,, (Agent must submit written Authorization from Owner)
Sworn to before me this
day o iaJ .20 ®2
"Notary Public
418AN J.NAGY
Notary Public Stat
No.4896735 e of New YtrR
Qualtfled In Suffolk County
COMInission Expires May 20-
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant:_ �(�� anJ Erm I i cke Date Prepared:
I. For Demolition of Existing Building Area
Please describe areas being removed: d0 over 1 S 'rtq kilcheri Q rpoL-
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: G
Dimensions of new second floor:. SeC r
Dimensions of floor above second level: o n-e,
Height(from finished ground to top of ridge): c2 r (tp
Is basement or lowest floor area being constructed? If yes,p iQ
lease provide height(above ground)
measured from natural existing grade to first floor: n
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: !� �$7LOrU w fII
h
lame tic 'e.
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:
Proposed increase of building coverage:
Square footage of your lot:
Percentage of coverage of your lot by building area:
V. Purpose of New.Construction: r-61A)IbR
VI. Please describe the land contours (flat,slope %, heavily wooded,marsh area, etc.) on your land
an how it relates to the difficulty in meeting the code requirement(s):
�M) C-Ode-I h j n+:ao S
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
TOWN.OF SOUTHOLD BUILDIN( MMIT APPLICATION CHECKLIST
BUILDING DEPARTMENT Do you have or need the following,before applying?
TOWN HALL Board of Health
SOUTHOLD,NY 1.1971 4 sets of Building Plans
TEL: (631) 765-1802 Planning Board approval
FAX: (631) 765-9502 Survey
www. northfork.net/Southold/ PERMIT NO. Check
Septic Form
N.Y.S.D.E.C.
Trustees
Examined 20 Contact:
Approved ,20 Mail to: t(D(3 A1va1,S Lan R-
Disapproveda/c m11412 �JQ7�6AO Q k� A]Y ll� -
Phone: (C3 '4 g�
Expiration -'20
Building Inspector
APPLICATION FOR BUILDING PERMIT
AUG 2 '
Date j , 20 d7
INSTRUCTIONS
a. Tlifs'application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4
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
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
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•glimazagl paig uotleotldd7e oql ut rpoj.las jauuPui aql ul pauuojZad
oq llim xzom oql ingl pie `jagaq pun a2polmoux siq�o lsaq aql of and are uotl�otidde sigl ui poureluoo sluaural'els lit,Wql
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otid s? e xzom ptvs oql pouuo;Zad anLq zo uuojjad of pazuuotled uu
(•ela `.zo3uJO alezodioD`lua2y`.zolonzluoD)
2. State existing use and occupancy of Y.--nises and-intended use and occupanc; _proposed construction:
a. Existing use and occupancy S(IJ G LYY\ t(2`( R,:6S
b. Intended use and occupancy. L l) l; T7-_PcYY�C L,L{ R4E5� DE)r1 T A L
3. Nature of work(check which applicable): New Building Addition Alteration_,
Repair Removal Demolition Other Work
(Description)
4. Estimated Cost -3 ,(. e;q -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 occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front rZ� Rear zp Depths
Height lel Number of Stories f %_
Dimensions of same structure with alterations or additions: Front S Rear c�-�---
Depth ��--- - _ Height Number of Stories
8. Dimensions of entire new construction: Front „7,r r Rear o? Depth jl r
Height ,?oZ Number of Stories
9. Size of lot: Front Rear Depth �d
10. Date of Purchase.� Name of Former Owner
41
11. Zone or use district in which premises are situated
12. Does proposed construction violate.any zoning law, ordinance or regulation? YES NO V
13. Will lot be re- aded? YES NO Will excess fill be removed from premises?YES NO 'y
14. Names of Owner of premises Address Phone No.
Name of Architect Address Phone No
Name of Contractor Address 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 QUIRED.
b. Is this property within 300 feet of a tidal wetland? * YES NO
* IF YES,,.D.E;C. PER,,NILTS MAY BE REQUIP.ED __.. _. . . .._
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 SV L
�ober� being duly sworn, deposes and says that(s)he is the applicant
(Name of individual signing contract) above named,
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QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A.APPLICATION
A. Is the suN t premises listed on the real estate market for sale?
❑Yes No
B. )e there any proposals to change or alter land contours?
NJ No ❑Yes,please explain on attached sheet.
C. 1)Are there areas that contain sand or wetland grasses? nD
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?
11p
4)If your property contains wetlands or pond areas,have you contacted the office of the
Town Trustees for its determination of jurisdiction? —Please confirm status of your
inquiry or application with the Trustees:
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? D
E. Are there any patios, concrete barriers,bulkheads or fences that exist and are not shown
on the survey map that you are submitting? A 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? ]io
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? o 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 51 vw L K4( Iq r-c5 en-h-J
and proposed use S GL4i1{'j
(examples: existing: single-family; proposed: same with garage or pool,or other description.)
Authorized Signature and Date 2/05; 1/07
PROJECr I.D.MRvIDER .
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
Rob and 6-i-i'n �PC��rsan
3.Project location: Municipality County
W0 Alvahs Lanc O-u.+cho LX?-
, NY lI Ia &s 5LA-f-f-b iK
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:
(5e(6n l0Or Cod i0-k1 — f roni- Porch o/0rp,0,5 anat IlepO re4r- Yad el
7.Amount of land affected:
Initially: ri Olt acres; Ultimately: acres
v
8.Will proposed action comply with existing or other existing land use restrictions:( YES ( )NO If No,describe briefly:
9.W at is present land use in vicinity of project:(describe):
( Residential ( )Industrial ( )Commercial ( )Agricultural ( )ParidForest/Open Space ( )Other
10,)oes 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:
eB1.1l 1620.1 I tym1 -�
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 permit/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
�oF sorry
ELIZABETH A.NEVILLE ��� �l0 Town Hall, 53095 Main Road
TOWN CLERK P.O. Box 1179
REGISTRAR OF VITAL STATISTICS Southold,New York 11971
MARRIAGE OFFICER G Q Fax(631) 765-6145
RECORDS MANAGEMENT OFFICER �� Telephone(631) 765-1800
FREEDOM OF INFORMATION OFFICER �li�'coU ,� southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville
DATED: December 11, 2007
RE: Zoning Appeal No 6120
Transmitted herewith is Zoning Appeals No 6120 Robert and Erin Dickerson the application
to the Southold Town Zoning Board of Appeals. Also enclosed is Cover letter which includes list
of Copy of Application for Building Permit, Town of Southold Property Record Card,
Questionnaire, Transactional Disclosure Form, Short Environmental Assessment Form, Survey,
Plans for Addition,Notice of Disapproval.
Town Of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 12/11/07 Receipt#: 1375
Transaction(s): Reference Subtotal
1 1 Application Fees 6120 $550.00
Check#: 1540 Total Paid: $550.00
Name: Dickerson, Robert P
1600 Alvahs Lane
Cutchogue, NY 11935
Clerk ID: CAROLH Internal ID:6120
Office Location: USPS Mailing Address:
� OG
Town Annex/First Floor,North Fork Bank c y 53095 Main Road
54375 Main Road(at Youngs Avenue) C& P.O. Box 1179
Southold,NY 11971 py Southold,NY 11971-0959
O
http://south()Idtown.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_ It 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 beheld 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:
11:25 A.M: ROBERT and ERIN.DICKERSON #6120. Request for a Variance under Sections 280-
122A and 280-124; based on ZBA Interpretation #5039 (Walz Application) and the Building
Inspector's. November 16, 2007 Notice of Disapproval concerning proposed. additions and
alterations to an existing dwelling,.which new construction creates a new nonconformance or
increase in the degree of nonconformance when located less than 50 feet from the front lot line
and less than 15 feet on a side yard. Location of Property: 1600 Alvah's :Lane, Cutchogue;
CTM 102-4-8.1:
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 27,2007. ZONING BOARD OF APPEALS
JAMES DINIZIO, JR.,CHAIRMAN
By Linda Kowalski
54375 Main Road (Office Location)
53095 Main Road (Mailing Address/LISPS)
P.O. Box 1179
Southold, NY 11971-0959
#8662
STATE OF NEW YORK)
),SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, 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
Sworn to before me this day of 2008
11:f5 A.M. ROBERT and ERIN
DICKERSON #6120. Request for a �
Variance under Sections 280.122A and acll �rS OLINSKI
280-124, based on ZBA Interpreta-
tion#5039(Walt Application) and the NOTARY PUBLIC-STATE OF NEW YORK
Building Inspector's November 16,2007 No. 01-V06105050
'Notice of.Disapproval concerning pro-
posed additions and:alterations to an
®ualifled in Suffolk County_._,
existing dwelling,which new construc- . p y.
_.commission Ex ires Februar 28, 2008 _
tioii 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 thq front lbt line and-less than 15 Request for a Variance under Section head adjacent to Cutchogue Harbor and
feet on aside yard.Location of Proper- 280-15,based on the Building Inspec- (b) will exceed the code limitation of
ty:1600 A1vah's Lane,Cutchogue;CTM.j tor's November 5,2007 Notice of Dis- 20% maximum lot coverage. Location
101:00 1. ; • approval concerning an as-built acces- of Property: 1165 Old Harbor Road,
1:00 Request
a ANN DIACK sory shed in a yard other than the code- New Suffolk;CTM 117-3-8.4.
#6109. Request for a Variance under I 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, the
Notice 1 9:40 A.M. DEBRA LACHANCE Section 280-124,based on the Building
of Disapproval concerning the..to e #6133. Request fora Variance under Inspector's September 7, 2007 Notice
tion"of a dwelling'at'less Phan 100 feet.,
.. I 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 than40.
the Long Island Sound,at-11. Leeton ; of Disapproval concerning a proposed feet from the front lot line,at 910 Wa-
°'Drive, RMffld;CTM YVIEW1 addition to the.existing single-family basso Street,Southold;CTM 78-3-50.L
1i20#611.. e B Request
for ASSOCI- dwelling,"which is._proposed less than 2:05 P.M. FRANCIS J. COUTTS
AT under
echo. Request for;s Variance 10 feet from.the.side yard,less than 25 FAMILY TRUST by G.Hallenbeck III,
under Section 280-116B,based , the feet for total side yard setbacks,and less Trustee#6098.(Continued hearing).Re-
Notice Inspector's November 5,2007 pro-
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
Booed alterations fl i the existing first 9:55 A.M. ROBERT and MARY at corner of Factory Avenue,Mattituck.
LEGAL OWN ZONING
-- 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,whiplr new con for Variances under Sections 280-15B, 2:20 P.M. KINGA CRARY #6108:
BOARD OF APPEALS struction areas will bg less than 75 feet.THURSDAY,JANUARY 24,2008 from the b6lkhead adjacent to Goose 280-15C,280=124,based on the Building Requests for additions and alterations
Inspector's•October 15;'-2007 amended to accessory building with:1)proposed
PUBLIC HEARINGS Creek,at 1690 Bayview Road,Southold; Notice of Disapproval concerning a habitable space for studio workshop"as
NOTICE IS HEREBY. GIVEN,..- CTM 70-12-37.
pursuant to Section 267 of the Town 1:35 P.M.SANDFORD and ELIZA- proposed accessory garage on this shown in the proposed layout of the ac-
Law and Chapter 280 (Zoning),Code BETH FRIEMANN #6114. Request I 16,586 square foot lot:The new garage cessory building,(2)proposed-noncon-
of the,Town of Southold, the,follow- for Variances;under Sections 280-116B is proposed at 22 feet in height in a loca- forming setbacks from the side and rear
ing .public hearings will be held by' and 280-124,based on the Building In- 1 tion at less than 20 feet from the side lot lot lines at less than three feet,and(3)
the SOUTHOLD" TOWN ZONING• spector's amended November'26,2007 line,and less than 35 feet from the front proposed dormers exceeding 40% of
BOARD OF,-APPEALS at the_Town-• -Notice.of Disapproval concerning pro- I lot line,at 1000 Oak Street (at Pierce the roof width. Location of Property:
P.O.Box 1179, posed additions,-swimming-pool, and Drive),Cutchogue;CTM 136-1-36. 355 Skippers Lane,Orient;CTM 24-2-4.
Hall,53095 Main Road',
10:05 A.M. RUSSELL E. PLAN- 3:00 P.M. EDNA McNULTY (and
ITZER #61.12. Request for a Vari- JOHN C. DILLER and HOLLY M.
ance under Section 280-14, based on DILLER) #6090. Request"for'a Vari-
the Building Inspector's October 30, ance 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
height.Location of Property:South Side 10,00-145-02-1.5 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 160 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:Lihda.Kowalski@
j .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 anew non- GERARD P GOEHRINGER,
conformance or,increase the degree of CHAIRMAN
inonconformance 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 53095 Main Road(Mailing Address/
TOWN OF SO.UTHOLD PROPERTY RECORD .CARD ,
OWNER STREET VILLAGE DIST. SUB. LOT
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FORMER OWNER
ACR.
rJ j i I`p TYPE OF BUILDING
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LAND IMP. TOTAL DATE REMARKS —
o o
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3/ O O $ O
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AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE -
FARM Acre Value Per Value
Acre
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FRONTAGE ON ROAD �• , � �``�
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ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
-----------------------------------------------------x ; JAN 9 `200S
In the Matter of the Application of
V\ a
MAILING S
(Name of Applicants)
CTM Parcel #100,0-
----------- -----`-------1-----.._--_..-`�------..__
COUNTY OF SUFFOLK)
STATE OF NEW YORK) it
I it
�,Yl rLGtyid �b ��G Fesidin
New York, being duly sworn, depose and say that•, .
On the da of �� �
Y �DC7b, I personally mailed at the United States
Post Office in 0 r�e-2— Ne York, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, a true cop 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( 04ssessors, or,( )_County Real Property Office � � �� ;
� ror property which abuts tand!is' across a publrq or priva,ce street,.or;veh'icular'rig of-way of re oir ;
surrounding the applicants property, �'
(Signature)
Sworn to before me this
9 day of-Inb , 200V
. GAL�A.t11100
-4p:zla. , OIIY44� Nrw�
(Notary P ic) I b
PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the
-- wrier-names-and-addresses-fvrwhi-chi—tim�ier�[nailN17M n you —----- --- _-
4 10,S 4
�//jam/
G�� `a► 7d lan� \/ . ie1`� 6v1
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C-1 Q u cct,c) V1, a KCL
aqm5-
14- �-
r
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD- NEW YORK
---------------------------
--------------------------
X
In the Matter of the Application of
AFFIDAVIT
��In I LI� Jr5-D OF SIGN
(Name of Applicants) POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
1000-
-----------------------------------
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
.84bbavd ft'nl'C�f q0'residingat b6 L VaVj k
. mu� - New York, being duly sworn, depose and say that:
On the—/J _day of v, I personally placed the Town's official
Poster, with the date of hearing and natur 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 thlat d to of
the subject hearing date, which hearing date was shown to be
( gn.ature)
Sworn to before me this
14y ' day of 5200.9 SUSAN J.NAGY
Notary Public State No.4896735 of New Yurk
Qualified in Suffolk County
\ (Nota PubPic) Commission Exnires May 2u4/
*near the entrance or driveway entrance of my property, as the area most visible to passersby.
Office Location: g�FfO(,�co USPS Mailing Address:
G
Town Annex/First Floor,North Fork Bank G y�e 53095 Main Road
54375 Main Road(at Youngs Avenue) y Z P.O. Box 1179
Southold,NY 11971 py !� Southold,NY 1197.1-0959
http://southoldtown.noithfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631)765-1809 Fax(631)765-9064
February 13, 2008
Mr. and Mrs. Robert Dickerson
1600 Alvah's Lane
Cutchogue, New York 11935
Re: ZBA#61.20 —Variance application
Dear Mr. Dickerson:'
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,
inda Kowalski
Encl.
Copies of Decision to:
Building Department
Town Clerk (Original for filing)
'RANSACTIONAL DISCLOSURE F( q
APPLIC�_ _,E TO OWNER, CONTRACT VENDEE AND AGENT:
Y
fi The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers
and employees. The purpose of this form is to provide information, which can alert the Town of
i1= possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
k1ers0 i)b a iid Erin �. _..
(Last name, first name, middle 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 ply.)
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 ariy officer or employee of the Town of Southold? "Relationship" includes by
blood, marriage or business interest `Business interest" means a business including a
partnership, in which the Town officer or employee has even a partial ownership of Lor
employment by) a corporation in which the Town officer or employee owns more than 5% o the
shares
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: �eC/yy
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);
an officer, director,partner, or employee of the applicant; or
D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted this day of C
Signature:P�;
Print Name: rt yl 17 G P r 5 0
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09-28-99
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ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 12/10/07
ZBA # NAME CHECK # AMOUNT TC DAT.r8YAMP
Dickerson, Robert and �` ` ' 1 Zoo,7
6120 Erin 1540 $550.00
Southold Town Clerk
TOTAL $550.00
t UF ,r� Klrlt�
The following application will be heard by the- Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME : DICKERSON , R. E . #6120
MAP # mE 102=4=8ml
APPEAL : Setback Variances
REQUEST: Add itions/Alterations
DATE : THURSD", Jan . 24, 77 :25 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 .
ZONING BOARD-TOWN OF SOUTHOLD 765= 1809
ZONING BOARD OF APPEAL�,j-
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, 1 st Floor
54375 Main Road and Youngs Avenue, Southold
website: bgp://southtown.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 your recent application. The Notice
will be published in the next issue of the Times Review newspaper.
1) Before January 7th :
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 14th: 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.