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t Ae- c yc, �. � r t APPEALS BOARD MEMBERS` �QF so Mailing Address: Gerard P. Goehringer, Chairman �p`� �1 Southold Town Hall 53095 Main Road-P.O. Box 1179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio,Jr. G Q Office Location: Michael A. Simon 'O1 � � Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman Mum 54375 Main Road,(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net RECEI ED -4— I ZONING BOARD OF APPEALS TOWN OF SOUTHOLD j Tel. (631)765-1809-Fax(631)765-9064 FINDINGS, DELIBERATIONS AND DETERMINATI #hold Town Clerlr MEETING OF MARCH 13, 2008 ZBA# 6119 - JOHN CORBLEY 680 Mason Drive, Cutchogue CTM 104-7-3 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 has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated December 13, 2007 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter- community impact. EXEMPT LWRP/TOWN CODE CHAPTER 268: In a letter dated January 25, 2008, the Town LWRP Coordinator determined the project inconsistent under Chapter 268, because the distance from the proposed one-story addition to the wetland line was measured at 92 feet and from the proposed two-story addition to the wetland line measured at 96 feet, instead of the 100 feet distance required under Chapter 275-3 (Wetlands Code). The jurisdiction of the Board of Appeals, however, is noted in the Building Inspector's Notice of Disapproval only to be at the side yards on the easterly and westerly sides of the house which did not meet provisions of Chapter 100 of the Zoning Code. It is recommended that the LWRP Coordinator's recommendations for a 30-ft. buffer landward of the wetland line and gutters to drywells be installed by the owner to contain all roof runoff within this property as per the Town Trustees, Town Code Chapter 275. Page 2—March 13, 200� - ZBA#6119—John Corbley CTM 104-7-3 PROPERTY FACTS DESCRIPTION: The property consists of 24,830 square feet with a single-family, two-story frame house with garage. The house is 93.2 feet from the front line along Mason Drive and 54 feet measured from the edge of the southerly patio to the flagged edge of the high water mark, as shown on the site survey last dated January 29, 2008, prepared by Nathan Taft Corwin III, L.S. BASIS OF APPLICATION: Zoning Code Sections 280-122, 280-124, based on the Building Inspector's October 4, 2007 Notice of Disapproval and Zoning Code Interpretation #5039 (Walz) concerning proposed additions and alterations to the existing single-family dwelling, which new construction will create a new nonconforming side yard setback, and will create an increase in the degree of nonconformance, when located less than 15 feet on one side yard and less than 35 feet for both side yard setbacks (total). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 24,`2008 and February 28, 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 applicants wish to improve the visual aspects of their home with a proposed porch and one small first floor extension into the side yard. There will be some interior changes as well. They will need side yard variances to accomplish this. The'proposed additions & alterations to a single-family dwelling on a non- conforming parcel, are not permitted pursuant to Article XXIII, Section 280- 124 which states: "This section is intended to provide minimum standards for granting on a building permit for the principal building of lots which,are recognized by the town under 280-9 are non-conforming and have.not merged pursuant'to 280-10." Lots measuring between 20,000 & 39,000 shall have a minimum side yard set back of 15' and minimum combined side yards of '35 feet total. Following the porch construction, the dwelling will have a single side yard setback of 9 feet and side yard total setback of+/- 24.1 feet. Furthermore, the new construction to this dwelling is not permitted pursuant to Article XXIII, Section 280-122 which states: Nothing in thisarticle shall be deemed to prevent the remodeling, reconstruction or enlargement' of a nonconforming building containing a conforming use, provided that such Page 3—March 13, 200Z- - ZBA#6119—John Corbley CTM 104-7-3 action does not create any new nonconformance or increase the degree of non- conformance with regard to the regulation pertaining to such buildings. On November 29, 2007 a survey was filed with the ZBA indicating additions and alterations proposed at 9 feet from the easterly boundary from the oversized roof extension (overhang greater than 18 inches), 15.1 feet from the westerly boundary measured from the oversized roof extension, for a combined setback of 24.1 feet. Pursuant to the ZBA interpretation of the Zoning Code under the Walz Application 5039, such alterations will thus constitute an increase in the degree of nonconformance. AMENDED RELIEF REQUESTED: During the January 24, 2008 hearing, the applicant confirmed the side yard setbacks were different than that shown on the November 1, 2007 survey, in that the easterly setback was five feet and the westerly setback was 13.1 feet, measured from the extended roof overhangs, for a new total combined side yard total of 18.1 feet. The applicant's agent was asked to submit the corrected measurements on a survey, and to allow time for submission and further questions that may result from a new revision to the plan, the hearing was adjourned to February 28, 2008. On February 7, 2008, the applicant's agent submitted a letter to the ZBA amending their variance request, and shown on a revised January 29, 2008 site survey prepared by Nathan Taft Corwin III, L.S., with an easterly side yard setback increased to 10.2 feet (exclusive of the 18 inch overhang which would be accepted by Code), and 15.1 feet on the westerly side yard, for combined side yard setbacks at 25.1 feet total. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 20, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to , nearby properties. Broadwater Cove is community of mostly modest homes. The applicant is Page 4—March 13, 200£, - ZBA#6119—John Corbley CTM 104-7-3 only making minor changes in the house to bring the house up-to-date and will only improve the neighborhood. 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 lot is only 75' wide and the house is 44' wide which leaves the applicant with only 31 feet total in the side yards, and the requirement in the code is for 35' for total side yards. 3. The variance is not substantial considering the present side yards and the requirements of the code. The westerly side yard will be 9' with total of +/- 24.1 feet. The easterly side yard will be 14.5 feet with a total of 29.7 feet. 4. The difficulty has not been self created. 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 this variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of upgrading their house, 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 Weisman, and duly carried, to GRANT the amended variances as applied for, as shown on the January 29, 2008 survey prepared by Nathan Taft Corwin III and Drawings A-1 and A-3 prepared January 31, 2008 by Mark K. Schwartz, A.I.A. 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. Page 5—March 13, 200L- ZBA#6119—John Corbley CTM 104-7-3 The Board reserves the right to substitute a similar design that is de minimus in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Chairman), Oliva, Simon, and Weisman. (Member Diniz* absent.) ThiTRsolution was duly adopted (4-0). �Aipproved ARD P. GOEHRINGER, C IRMAN 3/ �'�/2008 for Filing e ° p�� 0 "✓a a e' 'd^'�3 �IM DFwo, R NgNE 6 Z X / e a '' N 4B2pS�N G 6. EDGEOF Pp�MENc /� °/� x6 M�IC WIREfij S 6.3 A 0 0. coNG OMo LI �X.S 54 4F . P>C15?INBEMQ�lE17 N° 6.5 e �e �NTI TO CP XA a •d O z Q �/IOv5 - pSE� p 1 ae / o+ N ,.a e:l e a e,.. .: °:•: ••\,. ., 64 WAIL g f .'d I a' a.2'w rnN ° e e 4 m I °t f X 6.5 PRQPQ5ET�R� ,S& IZO SURVEY OF PROPERTY OUT U3,, Piz SI T UA TED A T X 1 PORG�1 110.2 ,- 5.2 X I I C,OdE 1 ,.:. p120P05 Y�g'fORp`�C't P E C O N I C I 1 1st STOR 15.1'I 6' 15 3' N 29.6' F.FL. 1�f::'.. {' 0.0 TOWN OF S 0 U T H 0 L D SUFFOLK COUNTY NEW YORK G.FL. _ :. \ FRAME S.C. TAX No. 1000- 104-07-03 DOD HOUSER& OARAGE 11 w W�L SCALE 1 "=20' 1 °"\IDE x AUGUST 12, 2005 m x 1 SN06, X (~] SEPTEMBER 28, 2005 ADDED SITE PLAN FOR AREA TO BE DREDGED 6.9 X6'7 I MAY 27, 2006 ADDED PROP. ADDITIONS, WETLAND LINE & SET PLASTIC PIPES V110 449 d ST0ECK MARCH 2, 2007 REVISED AS PER LETTER FROM TOWN TRUSTEES 5.e Po51ATE I � July 10, 2007 ADDED LOT COVERAGE DATA f JULY 19, 2007 CALCULATED AMOUNT OF MATERIAL TO BE DREDGED FROM TOWN WATERS AUGUST 25, 2007 REMOVED PROPOSED GARAGE 5 9 I OCTOBER 18, 2007 SHOW BRICK WALK BEEN REMOVED 3.4 PATIO - NOVEMBER 1 , 2007 UPDATE SURVEY m � JANUARY 29, 2008 REVISED PROPOSED COVERED PORCH ROCK fp U NT � WALL 5 9I� IoX / AREA = 24,830.96 sq. ft. / (TO TIE LINE) 0.570 DC. Cj CONC I \ o OO 04W v� z,xo z £ I I WALK SECTION A—A SCALE 1"=10' BULKHEAD.-f o I \ / m HIGH WATER EL 2.2 I � •. LOW WATER EL 0.2 C \/ 64 z x X FLAG m NHO� FLAG I I / \ 6.01 i . X 4-7 NOTES: --Alp asp 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM x=�* ••••• •• OF TIDAL '��NDS EXISTING ELEVATIONS ARE SHOWN THUS: �/ ��'� •�•. •�'.'.............� ���� \ pWARD LIMIT R• FOX — MAY 2006 54 „: A5 FLAGGED EXISTING CONTOUR LINES ARE SHOWN THUS: — —.5— — `� PROPOSED CONTOUR LINES ARE SHOWN THUS: 0 o o .'.'.O........ 1 o> ... a.'..'.'. '.'. Wpl.K P ........,. .•. Z..•••, '....•.... / I � I F.FL. - FIRST FLOOR �,6'W• ;4 0 .'.'.'_. ' G.FL. - GARAGE FLOOR -o.S ..I x.. '.'.'....'..'.'..'.'. T.B. - TOP OF BULKHEAD B.B. - BOTTOM OF BULKHEAD Cw T.W. - TOP OF WALL XA2 B.W. - BOTTOM OF WALL o� " 0 FLAG 2. FLOOD ZONE INFORMATION TAKEN FROM: $ o FLOOD INSURANCE RATE MAP No. 36103CO164 G iA 00 R, x o>'.'..'.'.' ''.' 2.0�'. w I ZONE AE: BASE FLOOD ELEVATIONS DETERMINED _� .•...•. 0 1 0�' ' W FAG ZONE X: AREAS DETERMINED TO BE OUTSIDE 500—YEAR FLOODPLAIN. o. k .: ... .:. ...0.... .... W............. .. W� �' 3. APPROXIMATELY 150 cu. yds. OF MATERIAL TO BE DREDGED. 19 �f •� 4. DREDGE BY BARGE ONLY NO MACHINERY CROSSING WETLANDS. :: 5. USE OF SILT BOOM/TURBIDITY SCREEN DURING DREDGING. 1 .:.�..: .:.:........�...... . 6. UPLAND AREA (TOTAL LOT AREA LESS WETLAND AREA) = 16,944 sq. ft. 2q...... £ 7. EXISTING IMPERVIOUS LOT COVERAGE OVER THE UPLAND AREA = 5,499 sq. ft. WETLANDS I .O .1....•".'•'•'.'•'1'.t�'.'.'.'. � OR 32.5%. (INCLUDING HOUSE, CONC. SLABS., OUTSIDE SHOWER, SLATE PATIO ANDWARD LIMIT OF TIDAL MAY 2006 I I 1.:.: .:.:. :.:.:.:.:. x.... ... .. I FLAGGED eY R' troX - I WOOD PLAT, WOOD WALK, FRAME SHED, BRICK WALK & DRIVEWAY) 8. PROPOSED IMPERVIOUS LOT COVERAGE OVER THE UPLAND AREA = 3,267 sq. ft. OR 19.4%. (INCLUDING HOUSE, BRICK WALK, CONC. SLABS., OUTSIDE SHOWER, n........ WOOD PLAT., WOOD WALK, FRAME SHED & PROPOSED PORCH & ADDITIONS) 9. 20 cu yds. OF MATERIAL IS TO BE DREDGED FROM"TOWN WATERS". A FLAG 1: ...::...:: . F1��►L � I4P PREPARED INN„ACCORDANCE WITH THE MINIMUM f + � STANDARDS-FOR TITLFaSURVEYS AS ESTABLISHED N / 2. }.... .. I::::::......... 1 BY �7�,'F.tl�D. PROVED AND ADOPTED �� £ / I I I• .••••....• 1 1 REVIEWED BY � A F �1CN oVSE-BY E;,.N YORK STATE LAND FLAG C' SEEDECISION # �/ HATED- 1 I'� oo �.....---- ZANVIOD 1-1 S •:•:- N.Y.S. Lic. No. 50467 ON AO/ 5 / oP LOW 19 �2 UNAUTHORIZED ALTERATIO r�1f ,bCj 0 TO THIS SURVEY IS A VIO �F Nathan Taft Corwin III i �Q SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. fn COPIES OF THIS SURVEY MAP NOT BEARING r' J THE LAND SURVEYOR'S INKED SEAL Land Surveyor 1 )/ EMBOSSED SEAL SHALL NOT BE CONSIDERED y TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY y IS PREPARED, AND ON HIS BEHALF TO THE Title Surveys — Subdivisions — Site Plans — Construction Layout TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 Fax (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHTS OF WAY 322 ROANOKE AVENUE P.O. Box 1931 AND, N EASEMENTS OF RECORD, IF RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 ANY, NOT SHOWN ARE NOT GUARANTEED. I REVISIONS ZE - - - - o N ZI J 8'-0"RAD. rn � M >.1 — — — — �I UJI OI aJL= � u z ]LI Ll I I I I I I I- 1 11 1 1 11 1 11 1 I lid I 11 11 11 11 1 1 1 147LI El I I 1 11 1 1 il 11 1 1 1 1 11 1 t 11 11—H -1 o I - - - - (n Z cn 0 Z r �•• �� H O F— FRONT ELEVATION W _j SCALE: 1/4" = V-0" Q 0 H Z � Q tea} Z 0 CC H r W H En 0 O _ Q a: a i Q O 4D FINAL MAP _ m Z RE v iL` ` 3Y SBA o ui SEE DECiS► . # —' - - - - - - -- DATED /3 ! o OIL O - - - - L 0 u 0 0 bo Ill 7LL�"I DRAWN: MH/MS SCALE: 1/4"=1'-O" JOBS: �pR Jonuory 31.2009 SHEET NUMBER: ti RIGHT ELEVATION SCALE. 1/4 = V-10" Aml REVISIONS K ----------------- LJ-----•--_-----_--_--L�] -----------------_ 4W- EXISTING PATIO 0 M (N N h Z Ln ----- ) °o 1 " I O DW u O' a7O I W 1 = I ul ' N ' o 0 ' J 00 EX. KITCHEN ® ® 0 00 (REMODEL) 1 W V I W 1 Z N I 7 O 'in EX. LIVING ROOM ' REMOVE EX.WALLS 1 REF AS INDICATED 9'-3" 5=°' W 1 i 2 1-3/4X9-1/2 ML HEADER ' a 1-- , (SISTER TO EX.(2)2X10 HDR.) _ 1 - Q cr. J a o O �� ><j a tA �w; o � Z O I I Q IWI 1i , 1=1 2ND FL. , S z 3X3X1/8"TUBE STEEL COLUIHN _ Z }— OUTLINE IF 1 w/5.25X3.5 PLATES bl X 9" VERIFY ACTUAL DISTANC HO CLOSET w' CONC.FOOTING o TO WALL WITH NEW STAI 1 ' AIR HANDLER 4�-q" W EX. BATH N IN FIELD H � H � INTERIOR ELEVATION Q AT STAIRS (FROM ENTRY) U' ---- -- - -2X6 W a __ WALL CL N I I 1 1 1 I 1 to ft 10.0' ' ' ' i ' 1).NEW PLATE HEIGHTS TO MATCH EXISTING. ' - EX. MECW; RM. 1 2).INTERIOR WALLS TO BE FRAMED WITH 2X4 DF#2 STUDS AT 16"O.C.. 8.5' (ENLARGFO) , REPLACE EXISTING ____ _______ i i U) 'STAIRS(0 N RAILING) - ' 3).EXTERIOR WALL FRAMING,AS NEEDED,WITH 2X8 DF*2 STUDS. D UP ' 1 a ' 4).G.G.TO NOTIFY ARCHITECT FOR ANY STRUCTURAL CHANGES O ' S ' ' ' ' ' ' EX. BEDROOM >- ' 4+ T ;8'-1Q�' ' il'-2" RELATED TO WALLS REMOVED TO EVALUATE(eg.:HEADERS). = Q Z ' 0 -------------, i _ R ' ' ' ' al- ; 5).PROVIDE 3-2X10 DF*2 HEADERS OVER NEW OPENINGS UNLESS Z W eo , to A ; PROV#DE 5/8"THICK t ENTRY OTHERWISE NOTED. O ' I I TYdE,-X FIRE RATED G ' ' ETROCK ON w E I - WH ' ' �4 �-� ' /� 6).ALL EXTERIOR OPENINGS TO HAVE DESIGN-PRESSURE UPGRADES WHERE � S 1 1 WALLS AND CEILING m n► W,L4.. ; i APPLICABLE.PROVIDE DEBRI-PROTECTION PANELS WITH FASTENING �I (3)1-3/4X9-1/2 .Q ' m nF#2I ' ' e16- ML HEADER' HARDWARE UNLESS OPENINGS HAVE IMPACT GLAZING. , , � , � , , , -----I u 7).NEW FINISHED FLOORING AS PER OWNER. .O ' 842 1/4-3/0-1/4 X b/8 842 jil 1 1 11 1 119).ALL WALLS AND CEILINGS,REPAIRED AND NEW,TO BE PROVIDED WITH DO v ENTRY OR 1/2"SHEET ROLK.TAPE AND SPACKLE(MIN.3 COATS),PRIME AND PAINT. w/SIDELIGHTS q).NEW TRIMWORK TO MATCH EXISTING. I , � 1 tn 4v m 1 ry ' 0 1 ' - to ry 1 8X8 44G o DRAWN: MH/MS 8 7' FG CO UMN m JOB#. SCALE: 1/4"=1'-0" 3)1-3/4X11-7/8 MIL HEADER - - - 3)1-3/4X11-7/8 ML HEADER 10.2' 1 _ _ _ - _ _ January 31,2009 ' 1ST. FLOOR PLAN SHEET NUMBER: 1 ' -------------------------------------------------- ------------ ---------------------------------------------- n _ t •- ----,------------- ----------------------------- SCALE: 1/4 — 1 -0 6'-7 1/2" q'-2" 10'-0' 1 1'-10" 12'-3 1/2" 21 5'-0" 2'-0" 27'-5" Office Location: tFF01/( USPS Mailing Address: G Town Annex/First Floor,North Fork Bank o� y1 53095 Main Road 54375 Main Road(at Youngs Avenue) ca Z P.O. Box 1179 Southold,NY 11971 py �� Southold,NY 11971-0959 Rio! � Sao http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 March 19, 2008 James E. Fitzgerald Jr. Proper-T Permit Services P. O. Box 619 Cutchogue, New York 11935 Re: ZBA#6119 — John Corbley Variance application Dear Mr. Fitzgerald: Transmitted for your records is a copy of the Board's March 13, 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) FORM NO. 3 TOWN OF SOUTHOLD Nov 2 9 2007 BUILDING DEPARTMENT NOTICE OF DISAPPROVAL ' Bpp,Rp OF APPEALS DATE: October 4, 2007 TO: Jim Fitzgerald for John Corbley P0 Box 617 Cutchogue,NY 11935 Please take notice that your application dated September 21, 2007 For a permit for additions &alteration to a single family dwelling, Location of property:-680 Mason Drive, Cutchogue County Tax Map No. 1000 - Section 104 Block 7 Lot 3 Is returned herewith and disapproved on the following grounds: The proposed additions & alteration to a single family dwe non-conforming, parcel, are not permitted pursuant to ArticleXXIII Sec 'on 280-124 hich states: "This section is intended to provide minimum standards for a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming and have not merged pursuant to 280-10." Lots measuring between 20,000 &39,999 shall have a minimum side yard setback of 15'and a total side yard setback of 35'. Following the porch construction, the dwelling will have a single side yard setback of 9' &a total side yard setback of +/- 24.1'. Furthepapkt=jhq construction to this dwelling is not permitted pursuant to Article XXIII Sectio 280-122 ich states: "Nothin ' ' article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconformingbuilding uilding containing a conforming use,provided that such action does not create any new nonconformance or increase the degree of non- conformance with regard to the regulations pertaining to such buildings_" The survey indicates the proposed additions & alterations to be setback approx. 14.5' he e oun a ' combined setback of 29.7'. Pursuant to the ZBA's intelprefation in Walz#5039 ch alterations will thus constitute an increase in the e ree of ance. Authorized Signature -I PLICATION' THE SOUTHOLD TOWN BOARI +APPEALS 1�av r For Office Use Only Fee:$A_Filed By: Date Assigned/Assignment No. i �— J Office Notes: Parcel Location: House No. 680 Street Mason Drive Hamlet Cutchogue SCTM 1000 Section 104 Block 7 Lot(s) 3 Lot Size 0. 57oa(Zone District R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 10/4/07 Applicant/Owner(s): John C orbley Mailing Address: 680 Mason Drive, Cutchogue, NY 11935 Telephone:. 734-2 2 64 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: James E. Fitzgerald, Jr. Address: PO Box 617, Cutchogue, NY 11935 Telephone: 734—58 00 Please specify who you wish correspondence to be mailed to,from the above listed names: ❑Applicant/Owner(s) ®Authorized Representative ❑Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: M 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 and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article Section 100- Subsection Type of Appeal. An Appeal is made for: 6 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 ' ❑Reversal or Other p D A prior appeal❑has K has not been made with respect to this.property UNDER ppeal op E�pppp No. Year_r.. NV 419 207 BOA Appeal Application, Continued NOV 2 9 2W7 BOARD OF APPEALS Part A: ,AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties,if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been self-created? ( ) Yes, or ( ) No. If not, is the construction existing, as built? ( ) Yes, or ( )No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (Please attach separate sheet.) This is the MINIMUM that is necessary and adequate, and at.the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions 8, 9, and 10 below if USE VARIANCE STANDARDS apply. (Please consult your attorney.) Otherwise, please proceed to the siknature and notary area below. Part B: REASONS FOR USE VARIANCE(if requested): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located(please consult your attorney before completing): (7) The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). (8) The HARDSHIP relates to the property and does not apply to a substantial portion of the district or neighborhood because: (describe on a separate sheet). (9) The relief requested will not alter the essential CHARACTER of the neighborhood because: (describe on a separate sheet). The spirit of the zoning ordinance will be observed. The public safety and welfare will be secured an substan ial jus ice don . Signa of Appe an or A rized Agent Sworn to before me this (Age ust submit Autho z ion from Owner) day of Sal. 200 Q�1 MICHELLE L"WOM"A (Not ry Public) NOTARY PUBLIC.'STATE OF NEW YOW ZBA App 08/02 NO.01MA6156671 QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES NOV.27,20 C Apr NOV 2 9 2007 REASONS FOR AREA VARIANCE: 1. An undesirable change will NOT be produced in the characte "O ieR Q F P P EAL riment to nearby properties, if granted BECAUSE: The proposed porch addition and one small first f loor extension in the side yard do not extend beyond the extended sides of the existing house footprint viewed as a rectangle. The intrusion of the portion of the porch addition into the required setback area is mini- mal, and the open construction further minimizes any perceived adverse visual impact. 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: The proposed addition, other than the porch, are very small and are required only to fa- cilitate the interior changes already under way. The porch will provide additional leisure space and adds significant esthetic appeal to the existing design which, in its day,focused entirely upon the seaward side of the structure leaving the existing front, which faces the road,significantly less desirable than the proposed plan. 3. The amount of relief requested is not substantial BECAUSE: The actual dimensions and volume of the proposed construction which contribute to the existing non-conformity are very small and will be barely noticeable from the street. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE: Although the appearance of the existing house will be changed significantly, the com- pleted renovation is appropriate to both the immediate neighborhood and the Town as a whole and will not have any effect at all upon the physical or environmental conditions in the neighborhood. S_Has the alleed_di.fficn1Lv heen self-creatEd2____— —_ __ Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 November 28,2007 Chairman Southold Town Board of Appeals Post Office Box 1179 Southold,New York 11971 Re: Application for a Variance; SCTM#1000-104-7-3; John Corbley Dear Sir: Enclosed are the documents prepared in support of the application for a variance and appeal from the decision of the Building Inspector for the construction of renovations to an existing single- family dwelling on the property of John Corbley located at 680 Mason Drive in Cutchogue. Proper-T Permit Services represents Mr. Corbley in this matter, and a letter of authorization is attached. If you need more information or have any questions please call me. Yours truly e am es E. FitzgerJr�. -4 Enclosures: Application fee (check, $400) Application(7 copies) Project Description(7 copies) Letter of Authorization (7 copies) Transactional Disclosure Form(7 copies) ZBA Questionnaire(7 copies) Notice of Disapproval(7 copies) Short EAF (7 copies Vicinity Map (7 copies) Tax Map (7 copies) Survey of Property; Corwin, last dated l l/l/07 (original plus 6 copies) Southold Trustees Non-Jurisdiction(7 copies) Building Elevation Diagram(7 copies) Town Property Card(7 copies) Project Site Photos (7 copies) a subsidiary of THE PECONIC EASTERN CORPORATION ' S r ' tnroper-T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 MEMORANDUM DATE: 9/20/07 TO: Patricia Conklin—Building Department FROM: Jim Fitzgerald SUBJECT: Corbley; SCTM#1000-104-7-3 As you will recall,this project has been modified several times and was most recently disap- proved in your Notice of July 20, 2007. The attached survey shows a further modification with the elimination of the proposed garage. Please review the proposal as shown in the Corwin survey last dated 8/25/07, and provide a new Notice of Disapproval. A check for$50 is attached. - Proper- Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-7347463 ; MEMORANDUM DATE: Feb 7,2008 TO: Zoning Board of Appeals FROM: James E. Fitzgerald ,Jr. F89 �00 SUBJECT: Corbley: SCTM#1000-104-7-3; ZBA#6119 '�o�+iyo 8 The project has been revised to increase the sideyard setback from the east property line o 10.2 feet. The overhang at that point is 1.5 feet;which is acceptable according to the Town Code. Seven copies each of the following revised documents are attached: Survey; Corwin, last dated 1/29/08 Proposed Front&Right Elevations; Mark Schwartz, Sheet A-1, dated 1/31/08 First Floor Plan; Mark Schwartz, Sheet A-3, dated 1/31/08 ,Jalnes E. Fitzgeral f 1 OFFICE LOCATION: ��OF SOVIjyO MAILING ADDRESS: ,1 Town Hall Annex �O l� P.O.Box 1179 "y 54375 State Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) H Telephone: 631 765-1938 Southold,NYO Fax: 631 765-3136 k \'v LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: James Dinizio, Jr., Chair Town of Southold Zoning Board of Appeals JA N 2 5 2008 From: Mark Terry, Principal Planner ��l l & / c` LWRP Coordinator BOARD OF APPEALS Date: January 25, 2008 Re: ZBA File Ref. No. 6117(Corbley) The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction. 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance from the proposed one story addition to the wetland line is 92 feet; the distance from the proposed 2 story addition to the wetland line is 96 feet; a minimum setback distance of 100 feet from the wetland boundary is required pursuant to Chapter 275-3.Findings_purpose• jurisdiction; setbacks and 275-5.B (2) e. (c). Construction of additions to the landward side of an existing functional single-family dwelling, where such dwelling generally lies parallel to the wetland boundary and provided that all new and existing runoff is captured on site. Such addition must be less than or equal to 25% of the area (footprint) of the existing structure. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. If the action is approved the following best management practices BMPs are recommended: 1. Require a 30 foot non-turf buffer landward of the wetland line. 2. Require gutters to drywells to contain all roof runoff. The BMPs will further Policies 5 Protect and improve water quality in the Town of Southold and 6.3 Protect and restore tidal and freshwater wetlands, item D (below). D. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. MT/hkc Ly-.:' COUNTY OF SUFFOL �������� D EC 2 1 2007. . I •� � BOARD OF APPEALS STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING December 13, 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) 1690 Bayview Associates 6117 Corbley, John 6119 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 James F.King,President ��OF SU(/j Town Hall Jill M.Doherty,Vice-President ,`O 0 0 53095 Route 25 P.O. Box Peggy A.Dickerson Southold,New Yorkk 11971-0959 Dave Bergen Bob Ghosio,Jr. �OQ Telephone(631)765-1892 Fax(631)765 6641 �y00UNTV January 29, 2007 BOARD OF TOWN TRUSTEES NOV 2 9 2007 TOWN OF SOUTHOLD Mr. James E. Fitzgerald, Jr. Proper-T Permit Services BOARS OF APPEALS P.O. Box 617 Cutchogue, N.Y. 11935 RE: JOHN CORBLEY 680 MASON DRIVE, CUTCHOGUE SCTM# 104-7-3 Dear Mr. Fitzgerald: The Southold Town Board of Trustees reviewed the survey prepared by Joseph A. Ingegno; Land Surveyor last dated December 8, 2006 and determined the proposed construction to,be out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 Coastal Erosion Hazard Areas in the Town Code. Therefore, in accordance with the current Tidal Wetlands Code (Chapter 275) and the Coastal Erosion Hazard Area (Chapter 111) no permit is required. Please be advised, however,"that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Freshwater Wetlands, Tidal Wetlands jurisdiction, and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between.the freshwater wetland boundary, tidal wetland jurisdictional,boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. However, any activity within 100' of a Wetland line or seaward of the Coastal Erosion Hazard Area would require permits from this office. This determination is not a determination from any other agency. Sincerely 9 CCCC0000���C���' James F. King, President Board of Trustees JFK: hkc V TOWN OF SOUTHOL D ( ?; BUIL11-i-40 PERMIT APPLICATION CHECKLt BUtI,D,►ING,DEPART T r - Do you have or need the following,before applyb TOWN HALL ! c`'? I 'F t- , (. t.,:. j �:: Board of Health SOUTHOLD NY 1197 � �f 3 sets of Building Plans TEL: (631) 765-1802 -� ' ' T(��Ir OF^^ 'T�(�_.._ Planning Board approval FAX: (631) 765�-9502' - `--- Survey www. northforl�.net/Southold/. PERMIT NO. Check Septic Form N.Y.S.D.E.C. Tru�teb�s Examined 220 Contact: Approved : ram. ,20 0 .O Mail to: Disapproved a/c fob / �/'� o" PLEASE D• NOT 1VIAIL Phone: 734—58 0 0 Expiration _)20 `. Building Inspector APPLICATION FOR BUILDING PERMIT oc Date 9/20 0� 7 20 0, a. INSTRUCTIONS a.This application M, ST" Completely filled in by°typ_bvFViter or in ink and submitt6d�Co tlie-Building Inspector with sets of plans, accurate plot plan to scale.Fee according to schedule. b:Plot plan showing;location of.at;apd,pf buildings on premises,relationship to adj.o4r3 .p17 wises or public streets o areas, and waterways. c. The work covered by this application may not be 06mmenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permi shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12'months after the date of issuance or has not beer.b letgd,:wiq# i a 1honths frorh(sd hl8ate.If Wioning Ofnefidments"or poti er regQlatiohs 3ffecting.t 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 iMADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations-, for the construction of buildings, additions, or alterations or for removal or demolition as herein described:The applicant agrees to comply with all applicable laws, ordinances,building code,housing code, Foations, and to admit authorized inspectors on premises and in building for necessary inspections. ignature of applic or.name,if a-c. rporation)" r1ROPERT PERMIT SEIR IC a., -Office Box 617 _..... kAttchogue,.N.Y. 11935-06a: (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder 0 agent _.. Name of owner of premises John Corbley (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer)' Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location"of land on which proposed work will be done: 680 Mason Drive, Cutchogue AIN House Number Street �►.�.4��+;�ar�t : .: � " - - - fV8e0*,N4M.014 County Tax Ma No. .1.000 Section 104- y'P�f. �� 141 G.if tY P BlockT c Subdivision FileTMap No. P. (Name) ii: �,_, (VA-i:tfr1111Oj - r !. State existing use and occupancy of r'. _•-ises and intended use and occupancy i _:-opo ed construction- .' a. Existing use and occupancy SFD b. Intended use and occupancy SFD. _ _: ., Addition Alteraf�on 3. Nature of work(check�.which.applicable):New Building �C Repair.... Rexiioval`•'. Demolition Other Work (Description) <t.: . . 4. Estimated Cost: $2 0 0.0 010•' ' Fee (To be paid.on filing this application) 5. If dwelling,number of dwelling units_ One Number of dwelling units on each floor N7A if garag&, number of care 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front 44. 9 Rear 44.9' Depth 37. 6 Height Number of Stories 2 Dimensions of same structure with alterations or additions: Front 51 ' Rear 44:: 9 ' Depth 44' Height Number of Stories 8.\ Dimensions of.eh ire_new construction: Front Rear Depth- Height Number of Stories One 9. Size of lot: Front 75. 34 ' Rear 77, O�—Depth 2:8:' 10. Date of Purchase 11/15/99 Name of Former Owner Charles Boyar .Tr. `ct in'which• remises are situated H-4 0 11. Zone or use distn p 12. Does proposed construction violate any zoning law, ordinance or regulation?YES X NO 13.Will lot be re-graded?YES NO X Will excess fill be removed from premises? YES NO John Corbley, 680 Mason Drive, Cutchogue NY. 11935. 734-2 64 o. 14.Names of-Owner of premises Address Phone No. :Address -Phone No Name of Architect = Phone No. Name of Contractor Address 15 aAs this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C.PERMITS MA.Y BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES _NO * IF YES, D.E.C. PERMITS•MAY,BE FQUIRED. 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'.S off o 1 r James E. Fitzgerald, J r. being duly swpra,.,deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)He is the agent (Contractor,Agent, Corporate Officer, etc,) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. S o to before me this day of bQn 20 O 9 '149taj Pub MICHELLE L MARTOCCHIA NpTARY:PUBUG-STAMA$�TE OF NEW V� i,l 'I No.o� :sssr1 QUALIFIED IN SUFFOLK CUU M MY COMMISSION EXPIRES NOV.27.icia. RECOVED N OV 2 9 �22007 PROJECT DESCRIPTION (Please include with Z.B.A.Appliea 'BOARD OF APPEALS Applicant(s): Sohn Corbley I. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: 51 ' x 6, + 6 X 6' + 2 ' X 19 • Square footage: Total: 30 + 36 + 24 = 366 s. f. B. Please give the dimensions and square footage of new proposed foundation areas which do not extend`beyond the existing building- Dimensions/size: Noj,e - Square footage: 11. If land is vacant: _ Please give dimensions and overall square footage of new construction: Dimension/size: ' N/A Square;)ootage: Height/ III. Purpose and use of new construction requested in this application: House renovati on } additional •l iyirig race IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven(7)photos/sets after staking comers of the proposed new construction. 7/02 " Please note:Further changes;after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department(765-1802) or Appeals Department (765-1809) if you are not sure. Thank you, 617.20 Appendix C State Environmental Quality Revie SHORT ENVIRONMENTAL ASSESSM NT NRM 2007 . For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION To be completed by Applicant or Proiect So iRG RD OF APPEALS 1. APPLICANT/SPONSOR 2. PROJECT NAME James E.Fitzgerald,Jr./Proper-T Permit Services Corbley house renovations 3. PROJECT LOCATION: Municipality Cutchogue County Suffolk 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) 680 Mason Drive See attached maps. Cutchogue,NY 11935 5. PROPOSED ACTION IS: 0 New Expansion Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Construct covered porch addition approx 51'x 6',plus approx 6'x 6'on landward(north)side of existing house;construct first story addition approx 16'x 2'on east side of existing house;construct second story addition approx 4'x 30'on north side of existing house;remove entire existing asphalt driveway;install pervious gravel driveway approx total 2640 sq.ft. 7. AMOUNT OF LAND AFFECTED: Initially less than 0.1 acres Ultimately N/A acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes Z No If No,describe briefly Sideyard setbacks are non-conforming. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 0 Residential ❑ Industrial ❑Commercial Agriculture Park/Forest/Open Space ❑ Other Describe: Medium-size private waterfront residences. 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR LOCAL)? ✓❑Yes D No If Yes,list agency(s)name and permit/approvals: Southold ZBA,Building Department 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑ Yes No If Yes,list agency(s)name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑ Yes ❑✓ No TIFY THAT TH M ION PROVIDED ABOV IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/spons name: James E. ra r. Date: 11/23/2007 Signature: If th ction is in the Coastal Area, and you are a state agency, complete the oastal Assessment Form before proceeding with this assessment OVER Resew` L�GC�C�dCD QUESTIONNAIRE NOV 2 9 2007 FOR FILING WITH YOUR Z.B.A.APPLICATI N BOARD OF APPEALS A. Is the subject premises listed on the real estate market for sale? ❑Yes Jt No B. Are there any proposals to change or alter land contours? ❑Yes 9 No C. 1)Are there any areas that contain wetland grasses? Y e s 2)Are the wetland areas shown on the map submitted with this application? v A c 3)Is the property bulkheaded between the wetlands area and the upland building area? Yes 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: NJ -letter issued : attached D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any.patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? N o (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? No 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? No If yes, please label the proximity of your lands on your map with ibis application. H. Please list present use or operations conducted at this parcel single—family dwelling and proposed use Single—family dwelling (exampl is' - anvil , Prposed: same with garage.) Authorized Signatur " d Date 2i05 ;J mes E. Fi erald, Jr. , Agent r c S BOG 0!/ry ELIZABETH A.NEVILLE ��� Ol0 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 COUlf, ' southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: November 30, 2007 RE: Zoning Appeal No. 6119 Transmitted herewith is Zoning Appeals No 6119 John Corbley the application to the Southold Town Zoning Board of Appeals. Also enclosed is Cover letter which includes list of Enclosures, Project Description, Letter of Designation and Authorization, Transactional Disclosure Form, Questionnaire,Notice of Disapproval, Short Environmental Assessment Form, Vicinity Map, Tax Map, Southold Trustees Non-Jurisdiction, Building Elevation Diagram, Town Property Card, Project Site Photos. Town Of Southold i P.O Box1179 Southold, NY 11971 * * * RECEIPT * * * Date: 11/30/07 Receipt#: 1184 Transaction(s): Reference Subtotal 1 1 Application Fees 6119 $400.00 Check#: 7939 Total Paid: $400.00 Name: Corbley, John 680 Mason Drive Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID:6119 Office Location: °�1;4$%3FFO��-c USPS Mailing Address: OG Town Annex/First Floor,North Fork Bank C. y�c 53095 Main Road 54375 Main Road(at Youngs.Avenue) C* Z P.O. Box 1179 Southold,NY 11971 Oy� �� Southold,NY 1197.1-0959 http://southoldtown.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: .10:25 A.M. JOHN CORBLEY #6119. Request for Variances under.Sections 280-122, 280-124, based on the Building Inspector's October 4, 2007 Notice of Disapproval and Zoning Code Interpretation #5039 (Walz) concerning proposed additions and alterations to the existing single-family dwelling, which new construction will create a new nonconforming side yard setback, and will create an increase in the degree of nonconformance, when located less than 15 feet on one side yard and less than 35 feet for both side yard setbacks (total), at 680 Mason Drive, Cutchogue; CTM 104-7-3.. 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) 765-1.809, or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: December 31,.2007. 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 #8711 LBOARD 7 2W8 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) APPEALS 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 21 st day of February, 2008. Principal Clerk Sworn to before me this 2008 Butldmg:Inspectozsamendgd7aivary8 a]datedPebrvaryy6 2008 The reasons, NA VOLINSKI 2008 Notice of pisapproval concerning stated for disaporovtnglthe buildin$;per- �roposed_additionspand alterations to '�mitapphcationsareas:follows - '-STATE OF NEW YORK the existing building Tlie neweonstruc The as builyaddiuons and alterations lion will;eixceed fhe c- `e: itatton of 'to the existing farm stand constructed -V06105050 20/ lot coverage and wrt`h a proposed without a bpildmg permyt prior to:1997' - :A Suffolk COUrlty reduchoii knthefoMyafdotbagl[twill- are notper7iittted pursuan[toalieCode.� - Ires February 28, 2008 be an increase the degree of.flont yard `of the Town-'of Squfh'dld In place when nonc'onforifii[}c c�un-en I}�1F Tee a'-'t ver- - constiuchpn'Wgtlrwas completed age) without a bpildmg peiruit,cning: " B)to remove 10/23/1960 o'A Condi- 1)Att{cle'TII Sectio�i 100 31A.2(a)1, hon idder'Vana ce' 93 forme own 'which states'that all bmldmgafor din 1 er, efnian Po her) conc�rnuig rfron[ and retail saes o apncultural and nu s rear and side�ard�Setbiack variaaceS. ery nroducts�g;own oti pFemi' 1tallnot 10�50A A.M.ANTHONYE'and" exceed onethousand(1000) quar6 feet OL ° AROTONDO`#1 nest m floor areai'Aiso major additions and for a VananFe,[index Sect , 80.15 al teration'sihad been•done increasing the based on the uildin` ` size of the-existing farm stand without.a- i gBFFtor.sJJana building perntit land m 1989 a certificate LEGAL NOTICE 2QOS�i�ot}cego'.Di�appaoval.con of occupancywas rSsued"'for a new farm cezniug a proppse accessory shed with stand measuruig 14 ft::hy 14 ff+intsize,' S-'l1O Rb TOWN ZONING a front ya{¢setlla at le ss t an the however•between±1989 and 1997,addi' sill, BOAktD O,APPEALS code require 5q fee[and side yard sgt tions and al[eiahons'were made to'dhat •' IEIJRSDAY,'FEBRUABY 28 20b8 bacat les tltart thezcode zeged 15 .'farm stand:increasing=its;ize;from,14 ft. P>IBLICHEARINGS Peet aX950 rttle•Pe0aib' a,Road Cu tiyl4ft m'izeto2441tsquarefeet:,, NOTICE IS HEREBY GIVEIIpur tctho ue CI1v1111 415 2)Arhee III Sectiop;100 31A2:(a)3, suanttoBeFtioh267oftheTOwnLaCvand• '11;0QAlly( RICIIA.RIQ andlvlARY which s[ates:Ioffst6tio oar 3 2. re- Chapter280(Zoniag)Codeot't)teTown LOU'�ANFRly'DT#61Z4„)2eques for of Southolid(the following public hear Vaf;aces under Section�SQ quired m the an rkmg schedule shall be 24;,based rags'will be he5d iby4heiSOUTHOLb on the Bwldmg Inspectors Decemhei P.lann ng•Boaidhandxe,.approved-by the iTOWN ZONING'BOARD=OF'AP- 11 20Q7 Notice of Disapproval concern- 3)Section 280 13A,(4)C,for;the rea- PEAIS at the To"vm Hall;53095 Main ing as built and existing deck construe7I sonsahatdhe.winery. 'I be Road;•'PO Box'1'179 Southold^New taon proposed for reconstruction with set back,wrninimum of 100 feet from a York"11971 095V on.THIIRS enlargement resulting,in a rear yard set; major road:The proposed R feettf om a .FEBRtJARY 28'2008 "" . back at 10§s than 50'feet and single side existing farm buildings to Winer uild 9:30 A M KURT FREUDENBERG Yazd setback`at-less than 15 feet;'at 1.e yam.— to s is notoermitted-a�s_tbl wine y t uc and JANET LAT'HEM#612L Request Hdltop Path Southold;UFM 54 1'-29 tar are required to be et back a mini for�Vanances under Section 2801242 ' 1120•AM DONALD dud.-JA esNJS u o 00-tee fro : a' road a rid based on th6;Building Inspector s No ROSE#6130 Request;forYanances un- Edildings/Facihhe t`2't- d 4 and oih _ vember-:28,-2007.Notice-of Disapproval der S6&ioti"s 28015B and 280 124'based _er constn�ction buildings are less than, concerning the as,built location'of an ac- .,on the:B'vildmg Inspector s January 7 ;the 100 feet from C-d++�'Aveniie and less cessory"shed aYi'd the proposed;location 2008 amended Notice of Disapproval than IOD feel from Hallock Lane of-an'accesso 'st✓mmm - concerning'thetlocation of a new-two - ry g pool which ;4)Section28013A.4,(D}which states Wlli_,,ceed the maximum code,•'permit- 'story accessory buildingiat a lietght ex the-wine shall obtain`site ol�an-dodo red 20% lot coveragevfor-all`ffiuildings: ceedmgl8 feet to the,Yop ofthe ridge,at val , and;•structures:'Location-,of•Pro ei terremo5a16fabuilding,and,whiclinew - The Board•'of,Appe2ls will hear all Northerly$ide'of'-Lester's Road(a pri building is'proposed at less than five(5) persons;oi-,theirfrepresentatives,desir- vate':Right of Way,-off>the,east siaj. . fee' om.the propertyrline arid fwitb a lot „ing to be heard at mch'hearing,and/or _ 'Westphalia-Avende);'Mattitpck-.GPM coverage whlch.exceeds the code lit 'desinng'theaibmn`writfen statements 114-7-2.1 - ,,} - hon of 209/(exishng.27 43/ilot cover- before the'concluston'of.each hearing. 9i40'A.M. PAUL sand.MAUREEN age) Location of Properfy 145'King Each hearmg'fvill not'sfart earlier'th'an Street Orient Cl-M 1000 126 1 23:i_ -designated above Files die ayailabl'e r• _ ance.IO de-S c uon280 124'tbased.on 1135A:Ivt DAVII3=+FISHER tN6126 review during'regular business hoursand the BuildmgInspecfor's'December 27 80124,based oh4he_e under,Sechon prtor to tlte;day of the tieanng:If�yoil the;Building h]spec have question's,please do'not•hesitate 2007 Notice of Disapproval concermn'g for s,December;-11,2007 Notice ofDis, .[o1'contact oiir office'at'(631)'765-1809, sh onanhon-1 an�'accessory-m=ground ;approval concerning:proposed addittons or by email"Linda Ko'w`alskiCaTown g pool which will exceed the 3o tha ew;tmg;single faintly dwe}lmg us Sotithold nyai code htiiitahon of 20/ lot cdve�rage'at which increase the lot cow;age and ex-, Dated February 8 2008 _ 735 Jacksan Street,-New Suffolk CTM reed the coder hmitatxon,oft20/p lohcov •r;:ZpNING'BOARD OFr1PPEALS �3( - erage tat;A65 Old O.rchud oad;'$ast` GERARD P GOEHRINGER, tr 9 50 A M SROTAtiPRORERTII S '_ azion t TJyI37 8 41 r ;�HAIRIvi AN#6125 cR'equest forya Variance under 1155M ,HANS FY REJGER s,$YLINDAKOWA7SKI Sechon 280 85A�2);,based on the Build #6]32 Bequest fora atYananGe tinder '`54375 Main Road(IA'lK L Aq_S mg Inspector s October 29 2007,Nohce "S-croons�28 15C ani1.:2$0 124 fiased 53095Main Road(1VIailing/ITSPS). of Disapp;oval conceming a proposed on[he Butldmg Inspectors January 11 - .130.Box3179 new ground sign replacing the extshng --2008 Notice;of Disapproval conceming .,� :. SoutholdNY 11971-0959 grounda-sigh The proposed�sign'will be two accessory'sheds (as oral[) at-:Tess realer=4tHanr tlireesquare feet-'in-total'. than 35 feef.'from therfropt y`aid'IoEYine, 871.1 1T 2/21___ area with an additional nallowancet-of 'at 370'Harbor Road''(adjaceht'to Orient >0/ of the°total'-for the name'`of llie Harbor)Orlent CT1vi 1Q00 27 4 6 rusmessicenter at:Kiug-Kullenshoppin 1205PM GgdRG).°LHEaODgORA. enter,34525 Mam^'.Rdad Cutchogue dOr Secio-1 28 I -s U,,'n'the Bu Id;�-..ingInspecfoi-slSove'rii6er52b07Nohce_' 10 00 A M GREG and KARMEN .of Disapproval concerning a propost d ADO 3RIAN#61'31 RequestforNan addition to theidwelhng which-places races tinder (1)Section 280 124;dud-'.a ewstmg/swimmuigjpoo]'tpartly jn,,a;' 2)Section 280 15:Both basedCon the, sidetyatd locatiotr at-I855 12ocky,;Pomt. 3uildmglnspec[brs;December;28 2007,;,Road East:$vlanon;CTtif3Q3`8 dbtrce`'of`Disap roiral concemin the P - 8 12 15IiM:JOHN EORBLEY'#6f:19 xahon of a new dwelling at less than 40 (carryoder-t final hearing)Additions eefifroni:the code`-required rriinvnum :to dweiling'at680MasonDnvei(Hayw. ronf yard setbadk and for�aswii immg` 'ter.Cove);:Clitchogge$GPM 104 753.T.5:", ool locatedain a sidGryard rather than 12 35 rPI4i�THOMP:S and,;lv1P.R- he coderegwred fitn[yard of rear yard-.GARETiNOONE},#6307.,Request,.for ar this':waterfronbparcel located4ar693 Variances:uuderr„Section.280:18,(Bulk etiy'sDfN-eatLongdslandSoihdiOrr Schedule),basedipn',the+BuildipgItispec- nt CI7VIh14 2 23 " a for s O&So6et,30 2007„aineiided<N86ice 1015-,M JENNIFER and=DAVID of Disapproval concerning two lojs;pro; OLLINS+#6123 Request for Variance§ posed with an area;of less ibiii-4Q;QQ0 rider Secii6ns+280=122A 250-424'-an,d. square,feeq in and lessahan 1;50-,feet of BAi Code Interpretation#50391(Walz width(frontage)and less than)75 feet ppJtca[ibn}`based'on[he Building Itl of,deptl#ip1tlijs R-40 J:oku-1)ensi[y,Itesi- iector9;De'cember1 2007,N6iice of denhal 2'one District located along the isapproVal conceipiilgipropos'_e"d z1611 .HesterlytstdepSigsbeC;Ito�dcommenc- rations?to�the existing dtt/elhng;4h`ich mg 0pproiW'a(elyfz1Q feet s91}t(3 of the: w construction constitutes:an Increase Iylam Ro�tltlj4attituck Jv�ap pflvlathlpek degree of noneonformityw>;th'the Park P{operties CJ'M 143 1 4,1 ont yard:setbac0hiAess than a"mini -130PIv]`HARBESFiI'MILI}FARIvI, um of-40.feet,at-6685 Oregon�Road Y'LC#6106 Location ofProperty North' Side of Sound Avenue:and West Side%f utchogue CTM 95'1=6 •-1 t 1030 AM'MARIORIE-DtINN HallockLane.(aprivateroad)Mattituck; ,122 Location -of' Pro er y:=--300 CTM 1000,120 1 4 cotiC`aiivng T5;'S ies p CIM 1000 1-12 1 7¢•eontaiiag 8'-doe's: ij• Court`and Camp' . 1e11, rR -Theapplicantt-hasapphe°d.>'or,•building,. a[htack-CTM 123 5 11 The applicant -permits the'exishng farm stand-ppd a rectuesting Variances : t proposed change of use from farm build- A) under Sections 280 124'and rags to a winery/tasting room Requested, 0 122 based oii ZB;A Code I`nferpre are Vanances'based on'tfie uildmg4n= hon 8029(Wah:Application).and the s-ec[or s aiaieuded otice of I)is3ppro3+ U{1t7 c,. a l P. N. ., . `-Y - #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 [D day of 2008 11:25 A.M. ROBERT and ERIN ` DICKERSON #6120. Request for a Variance under Sections 280-122A and CHRISTINA I VOLINSKI II lJ 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. 01406105050 -Notice of.Disapproval concerning pro- Qualified In Suffolk County _ posed additions and.alterations to an —> I' existing dwelling,which new construe- Commission Expires February 28, 2008 ncr creates a new nonconformance or i Southold, New York 11971-0959, on alterations to the existing.single-family ` ncrease 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 t)ian 75 feet from the bulk- feet the front aid.-Location and less than r- Request for a Variance under Section head adjacent to Cutchogue Harbor and feet on a.side yard.Location of Proper- I 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 101:00 1. approval concerning an as-built acces- of Property: 1165 Old Harbor Road, 1:9. ReqP.Muest 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 ; 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 Build- ing Inspector's October Notice 9:40 A.M. DEBRA LACHANCE Section 280-124,based on the Building of Disapproval, concerning g the loca- #6133. Request for a.Variance under Inspector's September 7, 2007 Notice tion`of a dwelling'at'less than 100 feet. Section 280-124,based of 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 1840 Leeton of Disapproval concerning a proposed feet from the front lot line,at 910 Wa- Drive,.Soutiiold;CTM 58-2-11. addition to the. existing single-family basso Street,Southold;CTM 78-3-50.1-. 1:20 P.M:T690 quest for ASSOCI- dwelling, which is.-proposed less than 2:05 P.M. FRANCIS J. COUTTS ATES e*ctio Request for:a Vatiance . 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- Notice Inspectors November 5,2007 than 35 feet from the front lot line,at 630 quest for Lot Waiverao Urunerge.Loca- Notid 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,dANUARY24,2008 _ from the bulkhead adjacent to Goose Inspector's,October 15;o2007 amended to accessory building with:1)proposed,, PUBLIC HEARINGS Creek,at 1690 Bayview Road,Southold; NOTICE IS HEREBY. GIVEN, . CTM 70-12-37. Notice of Disapproval concerning a habitable space for studio workshop'as.j 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 16,586 square foot lot.The new garage cessory building,(2)proposed noncon- 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 lion at less than 20 feet from the side lot lot lines at less than three feet,and(o ing_public ,hearings_will,be held by' and 280-124,based on the Building In- ! the SOUTHOLD' TOWN ZONING• spector's amended November 26,2007 line,and less than 35 feet from the front proposed dormers exceeding p of BOARD OF,-APPEAL-S-at the-_ 'own-• Notice of Disapproval concerning pro- lot line,at 1000 Oak Street (at Pierce the roof width. Location of Property:.' 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 ITZER #6112. Request for a Vari- JOHN C. DILLER and HOLLY M. ance under Section 280-14, based on DILLER).#6090. Request"fora 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 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 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 ode 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. �h 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 53095 Main Road(Mailing Address/ TOWN OF SOUTHOLD PROPERTY RECORD CAR® YY Y OWNER STREET 0 VILLAGE DIST. SUl3. LOT a- S 6 ,1 v OvQcl q u e FORME. iOWNER ` N 1 E `.� ACR. �. S W` TYPE'flF BUILDING ° A/ A� [A/ ��:. �..fi�.=,..,,.,a - , 'tf4 Y'?` Uw€�g• f� �- s RES. �© SEAS. . VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS { lot z1 di e i 7 4)o /� Sv o oa o M. 73AK FAI r� ttiF i6 .TdoX,�'e f- )4/ 1 C�c &4 o c) 7 �f C7d C ,' �`/,41, ]] �;' J -2.3 7 f '1 J.. ! /�i6.� / AGE - BUILDING CONDITION O C NEW NORMAL BELOW ABOVE FARM Acre Value Per Value -.-�o l� ' Acre rn Tillable FRONTAGE ON WATER "- Woodland FRONTAGE'ON ROAD 2 C f! Meadowland DEPTH 'S` � u ;ae House Plot- BULKHEAD Total DOCK . • Yy. I. j T I!Y_i■�i■■■!.■..■.......... ■■■■ ------------- mom '�f�■6�1.■.��■■6�.�J�.■■1...■■...■elf • ■■■.■.■.r■l ..��■■■1■■..■■■.mom e M - . . J I NOV. 2.9 2007 EOARD JF APPEALS 680 as I: Cutchogue,New York 11935 Chairman Southold Town Board of Appeals Post Office Box 1179 Southold,New York 11971 Dear Sir:. Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Permit Services to act in my behalf as my agent in the submission and processing of an appli- cation for a variance required for additions to the existing house on my property at 680 Mason Drive, Cutchogue, and designated by Suffolk County Tax Map No. 1000-104-7-3, and to fur- nish, upon request, supplemental information in support of the application. Sincerely, Jo C'rbley - - EEK THO NEW FF.11 PARK DSTRV;T NEW SUFFOLK PIP,DIST_ INP BROADWATERS COVE TOWN OF SOUTHOLD 1.4 12 ' amWAT]ER COVE / 10.3 ap - ' ' /�`~\ r v ZONING BOARD OF APPEALS REC�C� VE p0 TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of JAN 1 0 2008 JOHN CORBLEY BOARD OF APPEALS Regarding Mailing of Notice Concerning Applicant's Land Identified as SCTM#1000-104-7-3 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING OF NOTICE I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue,New York 11935, being duly sworn, depose and say: That on the 8 h day of January, 2008, I personally mailed at the United States Post Office in Cutchogue,New York 11935,by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, true copies 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, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Three USPS Certified Mail Receipts are attached herewith. Dated: January 10, 2008 J es E. Fitzger Jr. Sworn to before me this 10ffi day of January,2008. Notary Publi BONNIE W. MAZZAFERRO Notary NPo blic 01 MA4667612W.York Qualified in Suffolk County Commission Expires August 31,20� ' �. . �ru CERTIFIED ru , Provided) • �N D. • ON rl ms 1,2,and 3.Also complete A. Signature - • Wcted Delivery is desired, !l om iiA 'TLIK � �" me and.address on the reverse :_� ❑Agent r`- in return the card to you. ❑Addressee i� Postage $ 0.41 Ird to the back of the mailpiece, Ri d by(Print ame) C. ate of eliv f 0 Certified Fee ,"( - t if space permits. 1� p �jVfrom i O Po ark td to: D. Is delivery ddress differem 1? YesRetum Receipt Fee yere'C3 (Endorsement Required) Q.15If YES,a ter delivery addw: ❑ No C3 Restricted Delivery Fee 'ru (Endorsement Required) $0.00 y Fenny I L440 $5.21 a. Total Postage&Fees $Ln Il k NY 11952 C3 Sent To 3. Service Type C3 Geoff_roy Penny [� Sireei,-A"pti No:; -----F,O-BOX---1440 ------------------------------ Certified Mail ❑Express Mail or PO Box No. ---------- ❑Registered ❑Retum Receipt for Merchandise ------------------------ -- City Safe;ziPa Mattituck NY 11952 Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes Article Number : 7005 ;1820 0007 8750 8222 I i E (Transfer from service label)j ■ • ibruary 2004 Domestic Return Receipt 102595-02-1 1540 DCERTIFIEDRECEIPT (Domestic �— Only; LETE THIS SECTION t�rl CU C OG�' Y=193 ns 1,2,and 3.Also complete A. signatur Iti •icted Delivery is desired. -�/ ❑Agent 'ro Postage $ $0.41 00 ne and address on the reverse X / ❑Addressee n return the card to you. B. Received by(Printed Name) C. D e of D ivery p Certified Fee $2.65 rd to the back of the mailpiece, / O O &tma�C t if space permits. O (EndoReturn Receipt Fee Mere D. Is delivery address different from it 1? ❑Yes rsement Required) $�•15 G ?d to: C3 Restricted Delivery Fee f f11 If YES,enter delivery address below: ❑ No rU (Endorsement Required) $0.00ca ti ITotal Postage&Fees 1$ $5.21 6 1 M Blair Jr "' Son Drive C3 Sent To C3 Richard M. Blair Jr ;ue NY 11935 Street,Apt No.;-----------------------•---------------- 3. Service Type or PO Box No. 900 Mason Drive )kCertifiedMail El Express Mail ----------------=•------------- Ciry,State,LP+4 -"'-""-"""------•--------------- ❑Registered ❑ Retum Receipt for Merchandise 1 CutchoZ NY 11935 ❑Insured Mail ❑C.O.D. ue PS Form 3800,June 2002 See Reverse for instructions i 4. Restricted Delivery?(Extra Fee) ❑Yes 12. Article Number 7005 1820 0007 8750 8239. (Transfer from service label) iPS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 ! U.S. Postal i� CERTIFIED MAILT. RECEIPTMPLETE THIS SECTION • SECTION ON DELIVERY Imo- .-. . only; 'ru .lam 'terns 1,2,and 3.Also complete A. Signature ;stricted Delivery is desired. X a El Agenf 'O t� lame and•address on the reverse ❑Addressee II� 'L11 'can return the card to you. B. Received b (Printed N C; ate o Delivery , $ $0.41 Og !card to the back of the mailpiece, � I- Z f Postage T ont if space permits. E.k("t, 5 I n Certified Fee 2 D. Is delivery address different from item 1 ❑ es C3 $t.G5 � ssed to: O po I If YES,enter delivery address below: ❑No C3Retum Receipt Fee n e (Endorsement Required) $2•1� i Erickson C3 Residcted Delivery Fee $0�00 Oti 1 'W (Endorsement Required) son Drive �O r-q Total Postage,&Fees, $ $5•21 gue NY 11935 }I17 3. Service Type o Sent To Meta D Erickson �CertifiiedMail ❑Express Mail 0 --------- ❑Registered ❑Return Receipt for Merchandise ----------------------------- r` sneer apt No.; 725 Mas on Drive ❑Insured Mail ❑C.O.D. or PO Box No. - ---------- City sieie;ziP+4-"'"'C utchogue NY 11935 i 4. Restricted Delivery?(Extra Fee) ❑Yes i ?0 0007 8750 8246 41. urn Receipt 102595-02-M•1540; ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of JOHN CORSLEY Regarding Posting of Sign upon Applicant's Land Identified as SCTM#1000-104-7-3 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING I,James E. Fitzgerald,Jr.,residing at 385 Haywaters Drive, Cutchogue,New York 11935, being duly sworn, depose and say: That on the 13th day of January,2008, I personally placed the Town's official Poster,with the date of hearing and the nature of the application noted thereon, securely upon the applicant's 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 the date of the subject hearing date, which hearing date was shown to be Thursday, January 24, 2008. Dated: January 24, 2008 Jes E. Fitzgerald, Sworn to before me this 24th day of January, 2008. // LINDA J COOPER NOTARY PUBLIC,State of New York Notary Public NO.01 C04822563,Suffolk Cougt� Term Expires December 31,20�, —OE'[C�agwaoea seii&3 weal Aluno0�1l 1;zwgggZZebO0l0.ON 4JOA m8N fo e1elS'01i'd-nd-4JIVION b3dOOD P daNIl Ti JSACTIONAL DISCLOSURE FORM, APPLICABLE-TO OWNER,CONTRACT VENDEE AND-AGENT: 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 possible conflicts of interest and allow it to take whatever action is ecessarnin 8 2" John C orbley L� LL�� (Last name, first name, middle initial, unless you are applying ' the nar ��f spiye% else or other entity, such as a company. If so,indicate the other person or c57 ompany name.) 57 NATURE OF APPLICATION: (Check all that apply.) BOARD O F APPEALS Variance X 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, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment bA a corporation in which the Town officer or employee owns more than 5%of the shares. YES NO X 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 Submittedtlu 2R day g,if September, 2006 Signature: Print Name: oh C or b e i 5 OFFICE LOCATION: ��OF SO(/ryA MAILING ADDRESS: Town Hall Annex ,`O �� P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY G Q Telephone: 631 765-1938 a0 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: j&FA@s Dinizio-,4r., Chair RECEIVED Town of Southold Zoning Board of Appeals JAN 2 3 2008 From: Heather Cusack 3 ,' - Environmental Technician ZONING BOARD OF APPEALS Date: January 23, 2008 Re: ZBA File Ref.No. 611 (Corbley) The above referenced application �receiveds office January 3, 2008 for LWRP review. We expect to complete a response to your request within the next week. Please hold the record open to include our reply. Cc: Mark Terry LWRP Coordinator Office Location: O�OSUFF0I�'`,O LISPS Mailing_Address: G Town Annex/First Floor,North:Fork Bank c� y< 53095 Main Road 54375 Main Road(at Youngs Avenue) co Z P.O. Box 1179 Southold,NY 11971 O Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631)765-9064 December 31, 2007 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA Tile Ref. No. 6119 (Corbley) Dear Mark: We have received an application for an as built accessory shed and construction of an in- ground swimming pool at premises on Haywater Cove in Cutchogue, and shown on the enclosed site map. Copies of the LWRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. Very truly yours, JAMES DINIZIO, JR. ,� - -7 APPEALS BOARD MEMBERS so Mailing Address: �oF ar James Dinizio, Jr., Chairman � y�0 Southold Town,Hall Ire 53095 Main Road• P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Ruth D. Oliva CAOffice Location: Michael A. Simon ^��Q Town Annex/First Floor, North Fork Bank Leslie Kanes Weisman �''�DUNTY,� 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809• Fax(631) 765-9064 December 4, 2007 Mr. Thomas Isler, AICP Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6119 Owner/Applicant: John Corbley Action Requested: Single side yard setback & total side yard setback 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. ZBA Ch rman By: Encls. IING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: bgp:Hsouthtown.northfork.net December if, 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. l� 1) Before Januaryw ' 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. Drovidingthe returned letter to us as soon aspossible; AND not later than Janu"a -,j ;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. i4uTlGt Ur tHKlrlki The following application will be heard by the- Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: FAME : CORBLEY, R. #6119 FIAP # 00 104=7=3 , APPEAL : Setback Variances r,EQUESTE Add itions/Alterations DATE : THURSDAY, Jan . 24, 10 :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 . IONING BOARD -TOWN OF SOUTHOLD 765= 1809 FORM NO. 3 w TOWN OF SOUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL DATE: October 4, 2007 TO: Jim Fitzgerald for John Corbley P0 Box 617 Cutchogue, NY 11935 Please take notice that your application dated September 21, 2007 For a permit for additions & alteration to a single family dwelling, at Location of property: 680 Mason Drive, Cutchogue County Tax Map No. 1000 - Section 104 Block 7 Lot 3 Is returned herewith and disapproved on the following grounds: The proposed additions & alteration to a single family dwelling on a non-conforming, parcel, are not permitted pursuant to AtticleXXIII Section 280-124 which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognizedy the town under 280-9, are nonconforming and have not merged pursuant to 280-10." Lots measuring between 20,000 & 39,999 shall have a minimum side yard setback of , .. 15'and a total side-yard setback of 35'. Follo ch construction the dwelling j will have sin le side iggetback of 9' a total side and set ack of +/- 24.1'. Furthermor construction to this dwel m i ed pursuant to Article XXIII Section 280-122 which states: "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of non- conformance with regard to the regulations pertaining to such buildings." The survey indicates the pr-op ns & alterations to be setback approx. 14.5' from the easterly boundg&with combined seback of 29.7'. Pursuant to the ZBA's inte retation in Wa1z#5' -" qUO'h ,91ttrations will thus constitute an increase in the degree of nonconformance. 4 Gt�Cvl.c—G ' Authorized Signature �it Get a OZ14.dJ c4a,7� 116510'�