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i APPEALS BOARD MEMBER- - �QF S0 Mailing Address: Gerard P. Goehringer, Chairman �p� ��� 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 'O a Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman 1yC00 ,� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS _ TOWN OF SOUTHOLD RECEIVE® I- Tel. (631)765-1809•Fax(631)765-9064 3: MAY - 5 = FINDINGS, DELIBERATIONS AND DETERMINATI Q MEETING OF APRIL 10, 2008 SoJ ®1d_Town le� ZBA# 6134 - KAREN MAZZAFERRO (formerly Karen Miller). PROPERTY LOCATION: 1450 Horton Lane, Southold CTM 63-1-12 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 applicant's property consists of 186,598 square feet with 192.49 feet along Horton's Lane and improved with a single-family dwelling, accessory garage and a swimming pool, as shown on the July 6, 2005 survey prepared by John T. Metzger. BASIS OF APPLICATION: Request for a Variance under Section 280-14, based on the Building Inspector's December 17, 2007 Notice of Disapproval concerning a proposed lot (#1) proposed with a lot width at less than the code-required 150 feet in this pending three-lot Minor Subdivision, located in the Zone District R-40 Low-Density Residential. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 27, 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 an area variance related to the proposed creation of a three lot minor subdivision by application filed with the Southold Town Planning Board, in which proposed Lot#1, improved with a single family dwelling, accessory building and in-ground swimming pool, would have a width (and frontage along Horton Lane) of 108.49 feet, when the code requires a minimum width of 150 feet. ADDITIONAL INFORMATION: The applicant proposed an alternate sketch to the Planning Board that would have subdivide the subject property without the need for a variance but the Planning Board rejected that layout due to concerns for the safety of the proposed R.O.W./road, and requested that the proposed layout be used. The use of cluster subdivision zoning, which would also have avoided the need for a variance, was also discussed by the applicant with the Planning Board but was also rejected because the only feasible area for open space would have Fage•2—April 10, 2008 ZBA#6134—Karen Mazzaferro CTM 63-1-12 been the "L" shaped portion of the rear lot (number 3) which was deemed an undesirable location for open space. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law§267-b(3)(b)(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Two of the residential lots in the R40 area along Horton Lane (lots 11 and 14) are narrower in width than the proposed Lot 1. Lots 13.1 and 13.2 ,also have narrow frontages and widen toward the rear. The shape of the proposed lot 2 includes a flag with a right-of-way that would requirement placement of a dwelling toward the middle and rear of the lot, therefore the existing appearance and relationship of the subject property to the street will be maintained. 2. Town Law §267-b(Vb)(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 irregular shape of the applicant's 4 acre property will not allow a 4 lot subdivision which is allowed as of right. If the variance for a three lot subdivision is not granted, the applicant will only be permitted two lots which is half the allowable density. 3. Town Law §267-b(3)(b)(3). The variance granted herein is substantial at 27.67%. However, the proposed density of the three lot subdivision is less than allowed by code and all three proposed lots meet area and depth requirements. 4. Town Law §267-b(3)(b)(5). The difficulty has not been self-created but is the result of the odd shape of the property. 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. The property is flat with no drainage issues and the pre-existing house on lot 1 is sited to the north of the Horton Lane frontage width, making the overall appearance of the lot as proposed appropriate to the neighborhood. 6. Grant of the requested relief is the minimum action necessary and to enable the applicant to enjoy the benefit of a division of land, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the December 6, 2007 revised survey subdivision map prepared by John T. Metzger, Land Surveyor, Peconic Surveyors, P.C. Any deviation from the variance given are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or Page,S--a-April 10, 2008 ZBA#6134—Karen Mazzaferro CTM 63-1-12 future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration to this application that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Cha�.rf an , i on and Weisman. (Members Dinizio and Oliva were absent.) This Resolution ways,auly adopt (3-0) Ge' rd P. Goehringer, Chairma 4/28/08 proved for Filing TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: December 17, 2007 TO Gail Wickham for K Miller(aka Mazzaferro) P O Box 1424 Mattituck,NY 11952 Please take notice that your application dated December 13, 2007 For permit for a minor subdivision at Location of property 1450 Horton Lane, Southold,NY County Tax Map No. 1000 - Section 63 Block 1 Lot 12 Is returned herewith and disapproved on the following grounds: The proposed minor subdivision is not permitted pursuant to Article III Section 280-14, which states: "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density Residential R40 District unless the same conforms to the requirements of the Bulk Schedule and.of the Parking Schedule, with the same force and effect as if such regulations were set forth herein full." According to the bulk schedule, the minimum required lot width is 150 feet. The proposed subdivision would create a lot ( #1) with insufficient lot width of 108.49' per survey dated 12/06/07. Authorized Signature APPLICAIiON TO THE SOUTHOLD TOWN IsuARD OF APPEALS For Office Use Only Fee: $ Filled By: Date Assigned/Assignment No. Office Notes: JAN 3 1 2008 Parcel House No. 1450 Street Hortons Lane Hamlet Southold SCTM 1000 Section 063 Block 1 Lot(s) 12 Lot Size Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: December 17, 2007 BASED ON MAP DATED December 6, 2007 Applicant/Owner(s): Karen Mazzaferro (f/k/a Miller) Mailing Address: 3005 Wells Road,Peconic,New York 11958 Telephone: (631) 765-1540 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 agents represents: Name of Representative: Abigail A.Wickham for(X) Owner, or( ) Other: Agent's Address: Wickham,Bressler, Gordon&Geasa,P.C.,P.O.Box 1424,Mattituck,New York 11952 Telephone: (631)298-8353 Fax#: (631) 298-8565 Email: wwblawAaol.com Please check box to specify whom you wish correspondence to be mailed to, from the above names: ❑ Applicant/Owner(s) X Authorized Representative ❑Other Name/Address WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 12/6/07 and DENIED AN APPLICATION DATED 9/6/07 6-4#4 pd `OR: ❑ Building Permit ❑ Certificate of Occupancy Pre-Certificate Occupancy ❑ Change of Use ❑ Permit for As-Built Construction X Other: Subdivision Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article III Section 280-14 Subsection Type of Appeal. An Appeal is made for: X 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 A prior appeal ❑ has or XQhas 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 to assist you.) Name of Owner: Karen Mazzaferro (f/k/a Miller) ZBA File# REASONS FOR APPEAL(additional sheets may be used with preparer's signature) (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: this is an R-40 area and this neighborhood contains several narrow lots. (Tax lots 11 and 14) Proposed lot 1 has a width of 108.5 feet, which is larger than those lots. Other lots, 13.1 and 13.2, have narrow frontages which widen toward the rear. Further, the shape of the building envelope on lot 2 dictates that the house will be constructed toward the rear, so the frontage on Horton's Lane will maintain the status qllo. (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: applicant's property, containing over 4 acres, is being divided into only three lots. The shape of the property precludes a four lot subdivision. If this variance is not granted, applicant will be limited to two lots, which is half the allowable density. Alternate layout. The property could be divided without need for variance, as shown on Alternate Sketch. However, the Planning Board did not like the layout of the road, and asked that the proposed layout be used. (3) The amount of relief requested is not substantial because: there is no increase in density and all lots meet area and depth requirements. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the pre-existing house on lot 1 is situated far to one side, so that the frontage will not be inappropriate. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No. It is created by the odd shape of the property. Other factors: 1) Mixed use area. The property is bounded on the East by high density multiple residence property(Founder's Village); and on the South by commercial (self storage, etc.) 2) Property shape: Given the depth of the property, the new lots, 2 and 3, will be located well behind lot 1 for which the variance is sought, and therefore will not create an additional strain on the frontage. Signature of Appell uthorized Agent (Agent must submit written Authorization form Owner). Sworn to before me this 18th Day of J y 2008 N y Public f LAW OFFICES WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE I I I LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 February 1, 2008 Town of Southold Zoning Board of Appeals Fig % 200g 53095 Main Road, Post Office Box 1179 (o/ �/ Southold,New York 11971 zo►vj 'c or Re: Application for variance for Karen Mazzaferro (formerly Miller) Horton's Lane, Southold,NY 1000-63-1-12 Ladies/Gentlemen: Please be advised that an application for a three lot standard subdivision of this property was made to the Planning Board several months ago. The Planning Board has reviewed the map on numerous occasions, but has advised that it is unable to proceed to sketch plan approval until the variance of insufficient width of lot one is addressed by the Zoning Board of Appeals. We did discuss the question of utilizing the cluster subdivision provisions of the Zoning,Code to avoid the necessity of a variance. The Planning Board declined to do so because the only feasible area for Open Space in a cluster subdivision would have been the"L" shaped portion of the rear lot, Lot 3, and the Board did not feel that this was a desirable location or configuration for Open Space. They therefore requested that we apply for a notice of disapproval and variance, based on the configuration submitted with this application. Very truly yours, Abigail A. ickham AAW/jm Zba/zbamazz y TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD, NY 11971. 4 sets of Building Plans TEL: (631) 765-1802 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 1 Contact: J , Approved 20 L Mail to: Vt J ��t/Jl ckkall� Disapproved a/c / C.. �np] �D•�bk Z4� `�/aL .GucC Phone: 63(Z99- g3 1�9�Z Expiration .20 Building Inspector PLICATION FOR BUILDING PERMIT �_, Date 20L'" INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit-shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months. Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws, ordinances,building code,housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ignature of applicant or name,if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder Name of owner of premises �-�'q I2EA1 _ vyj/L LE'/Z- (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: . /'LSD /�fO�Dhs Lave D���7o7 House Number Street Hamlet County Tax Map No. 1000 Section Block Lot Z Subdivision - Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy SFk d- 11'Cx b. Intended use and occupancy 3. Nature of work(check which applicable):New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost 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 Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions:'Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law,ordinance or regulation?YES NO 13. Will lot be re-graded?YES NO'l Will excess fill be removed from premises?YES NO 11 14.Names of Owner of premise? a�pvt1M I 1 ,,,, Address 14 92) H&tsy►s La,5�A Phone No. 5'65- 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_X_ * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C.PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? *YES NO_4_ *.IF YES,D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey,to scale,with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF f ) n j [X� � fd� W,LfChakeing duly sworn, deposes and says that(s)he is the applicant (Name of individual sigi0fig contract) above named, (S)He is the (Contractor,Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief,and that the work will be performed in the manner set forth in the application filed-therewith. - - - Sworn to before me this f, ' day of 207 Notary Public Signature of Applicant MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE O��QF SQUryOI Southold,NY 11971 Chair Q OFFICE LOCATION: ' J KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR y 54375 State Route 25 GEORGE D.SOLOMON ; • �� (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND oly COU Southold, NY Telephone: 631 765-193 S Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD FE9 2 7 2008 MEMORANDUM '3� ��OF AppEALS 8�ARC To: Gerard P. Goebringer, Chair, Zoning Board of Appeals Members of the Zoning Board of Appeals From: Jerilyn B. Woodhouse, Chair E/ Members of the Planning Board Date: February 27, 2008 Re: Mazzaferro. S.C.T.M.# 1000-63.-1-12 The Planning Board is in receipt your request for comments regarding the-applicant's proposal to subdivide this property, and create a lot that does not meet the lot-width requirement. The Planning Board supports granting this variance. If you have any questions, or need additional information,please contact the Planning Department. APPLICANT'S PROJECT DESCRIPTION (For Z.B.A.Reference) Applicant(s): Karen Mazzaferro (f/k/a Miller) Date Prepared: January 28, 2008 I. For Demolition of Existing Building Areas Please describe areas being removed: N/A II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height(from finished ground to top of ridge): N/A Is basement or lowest floor area being constructed? If yes,please provide height(above ground) Measured from natural existing grade to first floor: N/A 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: N/A 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: (not in issue) Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V.Purpose of New Construction: Subdivision VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): The land is level and open,and has no bearing on this variance. 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 a altered with the yard view. f} 3 e1 riC) Fn b��ldtn9 W AlA3YL fe,r ro nnn QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? A Yes ❑No B. Are there any proposals to change or alter land contours? W No ❑ Yes,please explain on attached sheet. C. 1)Are there any areas that contain wetland grasses? No 2)Are these areas shown on the map submitted with this application? 3)Is the property bulk headed between the wetlands area and the upland building area? 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? 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? No. (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 this application. H. Please list present use or operations conducted at this parcel residential,single family: one and proposed use residential,single family: three (examples: existing: single-family;proposed: same with garage.) �-30-off Authorized Signatuz n Date TRANSACTIONAL 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 necessary to avoid same. YOUR NAME: Karen Mazzaferro(f/k/a Miller) (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company. If co,indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone _ Tax Grievance *If"Other"name the activity Reversal of Stop Work Order 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 apartial ownership of(or employment by)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 Submitted this' 04A day of t j i ZQOS' Signature GG lr Print Name: Karen Maz erro �OF 50(/ry ELIZABETH A.NEVILLE �0� 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 �lij'COU '� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: February 1, 2008 RE: Zoning Appeal No. 6134 Transmitted herewith is Zoning Appeals No. 6134 Karen Mazzaferro- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is Cover Letter from Abigail A. Wickham, Attorney, Notice of Disapproval, Authorization letter from Karen L Mazzaferro to Wickham, Bressler, Gordon & Geasa P.C. and their agents, Application for Building Dept, Questionnaire for Filing ZBA Application, Transactional Disclosure Form, Project Description and 2 Photos, Tax Map, LWRP Consistency Assessment Form, Proposed Subdivision Map. ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) 31 DATE: 1 /22/08 41 ZBA# NAME ' CHECK # AMOUNT TC DAIMGAfW' 6134 Mazzaferro, Karen 2474 $400.00 JAN 3 1 2008 TOTAL $400.00 ,j Office Location: $UFF�(�-�o USPS Mailing Address: G Town Annex/First Floor,North Fork Bank �� y�c 53095 Main Road 54375 Main Road(at Youngs Avenue) y P.O. Box 1179 Southold,NY 11971 py� �� Southold,NY 11971-0959 h.ttp:Hsoutholdtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631) 765-9064 April 29, 2008 By Regular Mail and Fax Transmission Abigail A. Wickham, Esq. Wickham Bressler Gordon & Geasa, P.C. 13015 Main Road P.O. Box 1424 Mattituck, NY 11952 Re: ZBA# 6134 — Lot Width Variance (Mazzaferro Proposed Division) Dear Ms. Wickham: With regard to the above variance, please find enclosed a copy of the determination rendered by the Board of Appeals at our April 10, 2008 Special Meeting. Copies of same were transmitted today to both the Planning Board and Building Department offices, as an update to the Building Inspector's Notice of Disapproval issued on December 17, 2007 and for their permanent records. Very truly yours, Linda Kowalski Encl. Copy of Decision to Offices of: Building Department Planning Board LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 27, 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, MARCH 27, 2008: 11:00 A.M. KAREN MAZZAFERRO (formerly Karen Miller) #6134. Request for a Variance under Section 280-14, based on the Building Inspector's December 17, 2007 Notice of Disapproval concerning a proposed lot (#1) proposed with a lot width at less than the code-required 150 feet in this pending three-lot Minor Subdivision, located at 1450 Horton Lane, Southold; CTM 63-1-12;Zone District R-40 Low-Density Residential. 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: March 3,2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 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 20tn day of March,2008: Principal Clerk Sworn to before me this �c .day of WD 2008 setback,nohconformance when;located,^building•ig proposed.-at less than-five(5)'. xless`than:56 feet frofit the:front yard line, .;feet from;the piopbAy.line and with a lot' .- at 9.0-Sterling Road Cutchogue CIM %coverage which exceeds the code limits`- ^ I LEGAL NOTICE 104-0-01 ,lion of 20/(etosting 27.43%lot cover- SOUTHOLD TOWN ZONING 11i15 A.M.,JOANNE and.JOHN .age) Location of:'Pioperty 145.King BOARD OF APPEALS . GOUVEIA #614"4,Request'for Vart --.Street Orient;CIM1000-1261-23.. THURSDAY,MARCH 27,2008 antes.under Section.280124,based on 12:30 P.M. SPYRO AVDOiIIOS � 14OLINSKI PUBLIC HEARINGS the Building Inspector's Notice of Dis-' #6145.(1)This.is an Appeal of the Feb- CHRISiINA YORK NOTICE IS HEREBY GIVEN,put- approval concerning proposed:addrttoni.,. ruary 29,2008 stop Work Order issued,;PUBLIC•SIA7E OF NEW stain Section 267 oftheTown taw and and alterations to the,existing single under Section 144-13 of the Town Code, iill VO6105050 Chapter 280(Zoning),Code of the Town family dwelling,which$ew construcuoa which Order states that recent construc- NO.Ol of Southold,.the following public hear- will result in a setback.at less than the Lion work_has:gone beyond the scope of �elifted In Suffolk COUntY2D12 TOWN ZONING BOARD-OF All'.. yardlotllinethe SOIJTHOLD eandincreasbin16ttcoverage ',e front Variance under Secti an on2801 6A,based �1rr111110n Expirol Fgbfdpty 28, PEALS at the Town Hall;53095.Main exceeding-thd�code limitation'of 20%, ':on the Building•Inspectors amended Road,P.O.Box 1179,Southold,New at 55405 County Ri a i;48(a1k/a North ! March 6;7008 Notice:of Disapproval York 11971-0959,' on THURSDP.Y. Road)Southold;CTM 44-1-11._ - and applicant's request 4o.amend Build- MARCH27.2008: 11:10.AM:DAVID FISHER#6126 .'ing Permit-#33677 for dt4elling'recon- 9:30 A.M. CHRISTOPHER and Request for Variances under Section struction(additions and alterations)and ; ELI A�BETH GRASECK#6135.Re- 280-124,based on ihe'Building lnspec- *:replacement of e9sferly fopndation.The . quest for Variances under Sections toi s Notice of Disapproval concerning Building.Inspect6r"states that the de- j 280-116 and 280-124,based on the Build- proposed additionsto the existing siligle- moiiiion and-reconsductionat this.don- ing Inspector's February 5,.2008 amend- family dwelling,%Wch,new construction" Conforining 28,149 square foot parcel in ed Notice of Disapproval concerning a will be less than"35 feet from the rear the R-40 District:is not permitted under new single-family dwelling(after demo- yard lot line,less than 35 feet from the Section 280-116A(1),for,the'reason that lition of the existing dwelling)for the front yard lot line,and with lot coverage all buildings-.or structures located on-- reasons that the new construction wil4 in excess of the,.codJmaxhmm limita- lots adjacent to sounds and upon which be:(a)less than 25.feet on a single side tion of 20%,at 2165 Old.Orchard Road, there exists a bluff or,bank landward of yard,and(b)less than 25 feet for total East Marion;CTM 37-3-4.1. .the shore or beach shall be'set back not side,yard setbacks,and(c)less than the 11:50 A.M.t IA POLITES apd KEV- fewer than 100 feet from the'top of the code-requited 100 feet from the bank IN FERRO#6129.Location of Property: bluff or bank-(adjacent to the Long Is- or bluff landward of the shore or beach 300 Jatkson Street,New Suffolk;CTM land Sound).The building Inspector also of the Long Island Sound.Location of 117-10-2.The Applicants propose'reno- states a variance was issued under ZBA Property:1910 Leeton Drive,Southold; vations/alterations, additions, and ex- 46060 for alterations and additions to a CrM 58-2-12. pansion of the existing accessory cottage single-family dwelling;following this,and % 9 40 A.M. JSC RESOLtRCES by building and in¢his Appeal:requesting that applicant intends to reconstruct the James Zizzi,President#6137.Request the following: dwelling and replace the easterly foun- for a Variance under Section 280-15, 1)Reversal ofthe Building Inspector's dction wall.Location of Property:54985 based on the Building Inspector's Feb- November 8,2007 Notice of Disapproval C.R.48(a/k/a North Road),Greenport; ruary 11,2008 Notice of Disapproval which states that the accessory cottage CTM 1000-44-1-50. concerning an as-built accessory swim- use is nonconforming and constitutes The Board of Appeals will hear all ming pool situated in a side yard rather a second dwelling unit,citing Section persons,or their representatives,desir- than the code-required rear yard, ai ` 280-121 A which'Provision smtes•Such ing to be heard at each:hearing,and/or 3190 Haywaters Road,Cutchogue;CITvI nonconforming use of buildings...may desiring to submit written statements 111-11.13. be coot:ued indefinitely except_that before the conclusion of each hearing. 9:55.A.M.PAUL and CHERYL RA- such buildiap or use(A)shall not be en- Each hearing will not start earlier than GUSA#6138.Request for Variances un- later ed altered extended,reconstructed designated above.Files are available for der Sections 280-15 and 280-116,based or restored or placed on a different por- review during regular business hours and on the Building Inspector's February 11, tion of the lot of Parcel of land occupied prior to the day of the hearing.If you 2008 Notice of Disapproval concerning a by such use on the effective date of this have questions,please do not hesitate proposed accessory-swimmingpool and chapter nor shall anKexternal evidence to contact our office at(631)765-1809, raised terrace structures at less than 100 of such use be increased by any means or by 'email: 1 inda Kowalski@Town. feet from the top of the bluff,and side whatsoever,and Notice of Disapproval Southold ny.us. yard location for-the swimming pool citing,Section 100-31A which provision Dated:March 14,2008. rather than a code-required yard,at1600 Distrias.nobmldmg ZONING BOARD OFAPPEALS Hyatt Road,Southold;CI-M 50-1-6. � or premises shall be used and no build- GERARD P.GOCHRIRMAN 10:10 A.M. FRANK and ANTOI- ing or oar[of a building shall-be erected g LCHAinda I MAN walski NFTTF NOTARO#6136.Request for a or altered which is arranged.intended.. - - Y: Variance under Section 230-15,based on or designed to be used,m'whole-or in M_i 75 Main Road.(Offico Location) the Building Inspector's January 22,2008 p t.f anv uses except the"following;, 53095 Main Road(Mailing/USPS) -- - _ Notice of Disapproval concerning the A.Permitted uses One-familydetached k0.Box 1179 proposed location of a swimming pool dwellings not to exceed one dwelling.on 'Southold,NY 11971-0959 at the side of deck with hot tub addition each of"•. ._1541-T-3L20. and partly in the code-permitted rear 2) Interpretation to deal with this . yard.Location of Property:625 Calves preexisting residential use in residen- Neck Road,Southold;CTM 63-7-30.1. tial zone,applying Code Section 280-122. 10•25 A.M. RICHARD and PA- Nonconforming Buildings with Con- MEL A FREAKING #6141.This is a forming Uses which States:-A.Nothing request for a Special Exception under in this article'shall be deemedto_prevenC Southold Town Zoning.Code"Article the remodeling reconstruction or en. III, Section 280-13B(14);sub-sections imgement df a nonconforming building a-d.The Applicant/Owner proposes a containing_a conforming use'provided Bed and Breakfast accessory use intheir that such action does not create anynew i residence,incidental to their occupancy ' nonconformance orincrease the degree.' as asingle-family dwelling use,with up of nonconformance with regard to the to three guest bedrooms for lodging and regulations peitaining_to'such build= serving of breakfast to not more than ten jugs.B.Recon unction of a damaged, (10).casual,transient roomers.Location building. )).•(' A nonconforming_building of Property:235 Lilac Lane,Cutchogue; containing aconforming usewhich has Lot,117 on the Map of Nassau Farms; been damaged by fire or other causes to CTM 104-1-20. the extent of more than 50 of its fair 10-40 A M ROBFRT F.and PATEE value shall not be repaired or rebuilt LIA EBjEMANN#6139.Request for unless such building is made substan, Variances under Sections 280-116B and tially to conform to the height and yard..' 280-124,based on the Building lnspec- repuim nts'of the Bulk Schedule— tor's November 19,2007 Notice of Dis: p_p—'plication for a permit to build or re- approval concerning proposed partial store the damaged portion of any build- 1 demolition of an existing dwelling,and ing damaged or destroyed as set forth I proposing new construction for altera- 8 b ectioa B(11 shove shalt be filed tions and additions to the dwelling at less within one year of the date of such dam- than the code-required minimum of 15 age and shall bg accompanied by_1p ans feet on a single side yard,and less than for reconstruction which as to such por- 75 feet from the bulkhead or retaining lion shall comply with the requirements wall,adjacent to the shoreline of Little set forth above'If such permit is issued Creek.Location of Property:2935 Pine it shall lapse one yeai thereafter unless Tree Road;Cutchogue;CTM 104-3-8. reconstruction in'accordance with the 11:00 A.M. KAREN MAC approved plans has been initiated• .I ER (formerly Karen Miller)#6134. 3)Alternatively.Variances based on Request for a,Variance under Section the Building Inspector's November 6 280-14,based on the Building"Inspec- 2007 Notice of Disapproval under Sec- tor's December 17,2007 Notice of Dis- tion 280-121A and Section'100-31A approval concerning a proposed lot(#1) denied for the reasons that the access j proposed with a lot width at less than sn�cottage use is nonconforminna nd the code-required 150 feet in this pend- constitutes a second dwelling unit.and ing three-lot Minor Subdivision,located as such may not bg enlarged:-altered. at 1450 Horton Lane,Southold;CTM _tended. xtended reconstructed or restored or 63-1-12;Zone District R-40 Low-Densi- placed on a different portion of the lot ty Residential. nor shall any external evidence of.such 11:05 A.M. THOMAS and PAU- use be increased by any means w atso- \ LETTE GIESE46143.Request for.a ever as a second dwelling unit. Variance under.Section 280-122,-based 12:15 P.M.'DONA DD,and JANIS on the Building Inspector's,January 18, ROSE#6130.Request for Variances un- 2008 Notice of Disapproval and ZBA der Sections 280-ISB and 280-124,based Code Interpretation.#5039(Walz)con- on the Building Inspectors January 7, cerning proposed additions and altera- '2008 amended.Notice of Disapproval lions to an existing single-family dwell- conceminy the location of'anew two- ing maintaining the existing front yard story accessory building at a'height ex- ;'for the'reason that the:new ceeding 1816et to the top ofthe ridge,af.- construction will.increase the degree of ter removal of a building,and which new TOWN OF SOUTHOLD PROPERTY iRECORD. CARD WNER — _ STREET (� VILLAGE DIST. SUB. LOT KaXen 3. Ra GISQ d Cori Z Aw E' e^J .S FORMER OWNER'' PY E ACR. Jenome—,HacherJf" S W TYPE OF BUILDING RES:� SEAS. VL. FARM MM. C.B. MICS. Mkt. Value .LAND- : IMP. TOTAL DATE REMARKS . / '� � .� . G� � �� �U 1/ � � � iP/GNJ'�R� L✓i��Q''�' �n �31f� �/��LdS .I�,f�U C� N"t /E` S e> Rio o v i a . 7 L J 2 13 3 75-Ma -f 0 ; �a a - i O o 3 a 8Pa8�t6�- .� 7 03 iSP#Al SS // th rcnrn �G&, a -NIA t��Ile AGE BUILDING CONDITION alai I�1 M1=1�t to rzzaf,tYYD RpyL Cnt;-, n,&ryictRk t -.NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable o , 9 FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plet FT` ' Z / BULKHEAD Total DOCK - m u .Aver ,1f 1 � l' bY��t•Ct'ri � 1tt l ((! k l q �. FYiO'U ✓. .. .^tra LjFINE N■■■■■■■EMMEMM IF y �,��;'�•�`�Vfy.Mpk7,-�.�>��`' .s—•v ",;'s } \ilm ,..,,�; �• y., `�}"�� ■■■■■■■■■■■■■■■N��rllt'.����■■■■■■ gq t R 1 • - • '�``r` dab mns. u .,;r,.f`� �.fi�, �a f SON■■■■■■■■■■■■■■■■ ■MEMO 23 �� . � ,mil - . :� �'` �� � �'x .r , x~ --=•..� M■■■■M■ ���M■■E■■■�■■■■■N■ EMOMMUMMEMEMEMEMENEMFINE FINE 1 ■MM■■MMMM■■Mi'NM■M■■■MONO■■■■■ •. - ■MOO■■MM�NM�I■O■■■MM■■■■■i■■ - INN■■■■� ra�.■■■■■■■■■■ ■■■■■■ ®■■■■■M■■� ■■■M■M■■■■�■■■■■ ■■MEN M■N■EMEM■M■MEMEM■■N■N■M Interior Fihish I RLicreati0h Room Kooms-2n' d Floor Eris rryter 1 - LAW OFFICES WICKHAM, BRESSLER .GO.RDON & GEA. SA P.C. 13015 MAIN ROAD P:O:BOX 1424 MAT`) 'TUCK,LONG,ISLAND ;MELVILLE OFFICE WILLLIAM WICKHAM.(06-02) 2,75 BROAD HOLLOWRD ERIC J.BRESSLER NEW PORK 1`,1952, SUITE I I I ABIGAIL A.WICKHAM MELVILLE, N.Y. 11747 LYNNE M.GORDON 631-298-8353 JANET GEASA 631-249-9480 TELEFAX NO.631-298-8565 FAX NO.631-249-9484 December 13, 2007 Attn: Mr. Damon Rallis Town of Southold Building Department 53095 Main Road Post Office Box 1179 Southold,New York 11971 Re: Property owned by Karen Mazzaferro (formerly Miller) 1450 Horton's Lane, Southold,New York SCTM# 1000-63-1-12 Dear Damon: On Sept. 6, 2007, I send you a request for noticedisapproval anhe opinion that uest to call to discuss the matter. Pat Conklin and I reviewed I recently, d she was of t a width variance for Lot 1 was requiredof the map ee were using, and Lot 3 has moreth variance for Lot 3. , she than 17d5 I were misreading the partial copy p w foot depth. She asked that the new w map ired for clarify that Lot 2 has 150 feet of width, and it he re does, so a variance will not q Please issue the Notice of Disapproval based on the revised map enclosed. I believe you have the remaining items you require fiarn my former letter. Very truh yours, 1 DEC 0 4 ' ' Abi it A. Wickham Zba/riiazzbld-gdeptf Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000—63 — 1 - 12 The Application has been submitted to (check appropriate response): Town Board Planning Dept. X Building Dept. X Board of Trustees ZBA X 1. Category of Town of Southold agency action(check appropriate response): (a)Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation, land transaction) (b)Financial assistance(e.g. grant, loan, subsidy) (c)Permit, approval, license, certification: X Nature and extent of action: 3 lot standard subdivision in R-40 area. Location of action: 1450 Horton's Lane, Southold,New York Site acreage: 4.3 acres Present land use: Residential Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a)Name of applicant: Karen Mazzaferro (f/k/a Miller) (b) Mailing address: 3005 Wells Road, Peconic,New York 11958 (c) Telephone number: Area Code (631) 765-1540 (d)Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? NO If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure,makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes No (Not Applicable) YES. Satisfies density requirements of code and insufficient area for open space. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold.'See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria Yes No (Not Applicable) NOT APPLICABLE Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes No (Not Applicable) NOT APPLICABLE NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes No (Not Applicable) NOT APPLICABLE Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III—Policies Pages 16 through 21 for evaluation criteria Yes No (Not Applicable) YES. Compliant with SCHDS requirements. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes No (Not Applicable) NOT APPLICABLE Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III- Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. Yes No (Not Applicable) NOT APPLICABLE Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. Yes No (Not Applicable) NOT APPLICABLE PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters,public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. Yes No (Not Applicable) NOT APPLICABLE WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. Yes No (Not Applicable) NOT APPLICABLE Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable NOT APPLICABLE Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable NOT APPLICABLE Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. 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Wo P eE iro 1000 PROPERTY MAP 12.1 AEC) •°.•w" —_-_— s...-mrttr w —_ —_ Mum DATE,11cy5L s4zB 03f031200e' 15:12 6317659064 ZONINGBDOFAPPEALS PAGE 04105 ZONWO BOARD OF APPEM S TOWN OF SO1; THOLD: NEW YORK al --- --- ------------------------------------X In the Matter of the Application of AVI"f Karen Mazzaferro (formerly Miller) ,A,F1rtD. (� Horton's Lane, Southold, NY "�• 1 000-63-1-19 - - - MAJLTN(�S (Nate of Applieatitc) CTM,Parcel #1.000- 63 - 1 - lz ww--'-4--.--------------rr-----------rr..rrrarrrMur r� COUNTY OF S•tWF'OLK) STATE OF NEW YORK) Julie Mazzaferro residing at�-Greenport, New York • ,New York,being duly sworn,depose and say that: On the loth day of March 200 , l:personally mailed at din UtIitW States Post Office in Mattituck ,New York,.by CERTIFIED 1%&,J,, RETURN RECEIPT REQUESTEID, a true copy of thr,attached Legal Notice in prepaid envelopes addressed to current own,rs shown on the curTent assessirnent roll verified from the official records on file with the (4 Assessors,or( )County Real Property Office Southold, New YorI every property which abuts anal is across a public or priva�-W street, or vehicular right-of-way of record, sure-ou.rt•ding the applicant's property, • Sworn to before rye this a�day of JYW uk, 200 AMY M.BEASLEY NOTARY PUBLIC,State of Nem,York l No.01BE5039757 (N(�t . l�tl l!C Qualified in Suffolk . ry Commission Expires Pea;nary 27, `�(I PLEASE list, on the back of.this AX-1davit or on a sheet of paper the lot number,s next to the owner names and addresses for which notices were mailed, Thank,you, W 1000-63-1-1 U Store It, LP P.O .Box 19156 Alexandria, VA 22320 1000-63-1-1.3 /John L. Conway 1625 Hortons Lane Southold,NY 11971 1060-63-1-11 ✓Janet L. &Michael R. Jackowski 1260 Hortons Lane Southold,NY 11971 1000-63-1-13.2 ✓ Debra&Anthony Abruzzo 1500 Hortons Lane Southold,NY 11971 1000-63-1-25 ✓ Daniel J. Charnews P.O. Box 573 Southold,NY 11971 1000-63-1-36 Founder's Village Homeowner 255 Youngs Avenue, Unit 18A Southold,NY 11971 1000-63-1-3 7 Founder's Village Homeowner 255 Youngs Avenue, Unit 18B Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK -----------------------------------------------------X In the Matter of the Application of Karen Mazzaferro (formerly Miller) AFFIDAVIT Horton's Lane, Southold, NY OF SIGN (Name of Applicants) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 63 - 1 - 12 ------.----------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) I� John Mazzaferro residing at Southold, New York New York, being duly sworn, depose and say that: On the 13th day of March Zoos , I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of-way(driveway entrance)— facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to that date of the subject hearing date, which hearing date was shown to be March 27, 2008 (Si gna re Sworn to before me t 's l day of � , 20 Cheryl Simons (Notary Public) Notary Public,State Of New York No.31-4970341 Qualified In Suffolk County J Commission Expires February 4,20 *near the entrance or driveway entrance of my property, as the area most visible to passersby. U.S. Postal Servicew U.S. Postal ServiceTM m CERTIFIED MAILm RECEIPT m /. Only, m (Domestic Mail Only; Provided) m m For delivery information visit our Website'at www.usps.coms; SO!lT 1�JI N 11; ?1 , .t1 T f I� -� '1 71 zZ In- ru M Postage $ $0.41 09C^ m Postage $ $Q.41 09` Certified Fee $2.6 J MaE��VC� 0 Certified Fee $2.6 J uc N Y p Postma Retum Receipt Fee 2 C7 Postmark p (Endorsement Required) .1� Here p Return Reoelpt Fee H '+7 f (Endorsement Required) "1 J p Restricted Delivery Fee 0 i p Restricted Delivery Fee p t• a) 1 p (Endorsement Required) $0.00 ��� ' ///��� p (Endorsement $Q.QQ 0) p cJ 7 �� r—1 Total Postage&Fees $ .�1 z_ 9 $ p Total Postage&Fees $ $5.21 0 Sent To `0 Se t To �. 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Article Number - / 0 es (Transfer from servlce label)'` 7006 010 D D D D 4 32 9 4 J3 PS Form 3811,February2004 Domestic Return Receipt ---- __ 102595-02-M-1540 CONSENT Re: 1450 Horton's Lane, Southold,New York SCTM# 1000-63-1-12 KAREN L. MAZZAFERRO, formerly KAREN L. MILLER, the owner of the above referenced property(the"Premises"), does hereby consent to Wickham, Bressler, Gordon & Geasa, P.C.; Catherine A. Mesiano, Peconic Land Surveyors, Joseph Fischetti, and their agents, engineers, or other contractors retained by any of the above and any of their representatives and/or agents, to make applications necessary for a minor subdivision and related matters to the Suffolk County Department of Health Services, Town of Southold Planning Board, Town of Southold Zoning Board of Appeals, and to any other authorities or agencies having jurisdiction over said Premises, and to enter onto the premises for the purposes of surveying, inspection, and other testing as required to make and pursue such application, and all matters in connection therewith. Dated: January 30, 2008 Karen L. Aa M ferro re%onsentsd LAW OFFICES WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE 11 I LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 January 28, 2008 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold,New York 11971 JAN 3 1 2008 Re: Property owned by Karen Mazzaferro (f/k/a Mille � M 1450 Horton's Lane, Southold, New York ZONING BOARD OF APPEALS SCTM# 1000-63-1-12 Ladies and Gentlemen: We enclose an application fee of$ -'Io'o.e o , together with the following papers, in seven sets, in connection with the Notice of Disapproval: l. Copy of Notice of Disapproval dated December 17, 2007; 2. Application to Southold Town Board of Appeals with consent from owner; 3. Questionnaire for Filing ZBA Application; 4. Transactional Disclosure Form; 5. Project Description and photos; 6. Copy of the tax map and Assessors Card; 7. LWRP Consistency Assessment Form; 8. Proposed subdivision map. Very truly yours, 4AN/ail . Wickham AAW/a! End Zba/ltrvarappmazz t p pBRUZ2° / pt�R 85� wNl 0.7 'N 53° `^ rlo � rope ` v �5 `4 w (�� �1� �A. % 36• ,icy._ � � � 4 i' _-� --- 0.6'S �z. 4! 3 § xo 1 27. ' 1 2H SNP J bl, env AAA•80 s � � & 39W N 51Fs � E 180 06 5 3 N o 1� 5�1•06130 JAGK° x IIO 011.300 `�- e� iozi S�ORA GE .5 N MICHpEL � 1 � SELF � ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION P CONIC OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW. (631) 765 i ®=MONUMENT EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICA77ONS P.O. BOX HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF AREA-186,598 SO. Fr. SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRA WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD Town Of Southold P.O Box1179 Southold, NY 11971 * * * RECEIPT * * * Date: 01/31/08 Receipt#: 10517 Transaction(s): Reference Subtotal 1 1 Application Fees 6134 $400.00 Check#: 2474 Total Paid: $400.00 Name: Mazzaferro, Karen 1450 Horton's Lane Southold, NY 11971 Clerk ID: CAROLH Internal ID:6134 NEW APPLICATION SET-UP STEPS EFFECTIVE 8/2/06 PART II CHECK BOXES AS COMPLETED ] Staple this form to outside of file. 1. ] Pull ZBA copy of ND. 2. ] Check file boxes for priors. If priors, complete LF research; print with maps and make 7 copies. 3. ] Assign next number on list; put number on outside of file folder. 4. Date stamp entire original application w/file number. 5. Hole punch entire original application (before sending to TC). 6. [ ] Enter priors or other new appeal on ZBA application program and on newly created index card'. 7. ] Print program record. 8. --F] Print contact info & tape to front of file. 9. Prepare transmittal to Town Clerk (3 copies). 10. Send original application w/transmittal & check to Town Clerk. 11. [ ] Note inside file folders w/prior info (copy file card) and staple other index cards inside left cover. 12. [ ] Copy County Tax Map; highlight parcel and mark neighbors (across streets etc). 13. [ ] Make 7 copies and put w/each packet. 14. [ ] Add preparer initials & date to (Notes on computer program) when all of above is complete (now ready for tech reviews). 15. [ ] Do mailing label (to contact person or owner—from application page 1. i Office Location: O��$VFFO�I� USPS.Mailing Address: �� Gy Town Annex./First Floor,North Fork Bank j 53095 Main Road 54375 Main Road(at Youngs Avenue) y 2 P.O. Box 1179 Southold,NY 11971 . Oy�I �� Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD TOWN MEMO Tel. (631)765-1809 Fax (631)765-9064 TO: Planning Board FROM: Gerard P. Goehringer, Chairman DATE: February 5, 2008 SUBJECT: Request for Comments our Department has received, and is reviewing the following application, and enclose copies of the Building. Department's Notice of Disapproval, and application with the applicant's latest map. The Planning Board may be involved under the site plan review steps under Chapter 100 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED Mazzaferro, 63=1-12, 6134 12/17/07 280-14; Minor Subdivision John T. Karen R40 Zone 3-lot map last Metzger, LS Subdivision updated creating one lot 12/6/0.7 with width less than 150' Your comments are appreciated by 2/28/08 Thank you. Q J - �S�FFO(K Office Location: �. `'QGy Mailing Address. Town Annex/First Floor,North Fork Bank y = 53095 Main Road 54375 Main Road(at Youngs Avenue) 0-1 • P.O. Box 1179 Southold,NY 11971 y �! Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS ' TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: Fax# Date: TOTAL NO.OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809(press 1 at voice recording) REFERENCE:: ❑URGENT FOR YOUR UPDATE ❑PLEASE COMMENT ❑AS REQUESTED ❑ ___----------_ NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: oSUFFoc�.�, Office Location: h�0�• OGy Mailing Address: � 1 Town Annex/First Floor,North Fork Bank y = 53095 Main Road 54375 Main Road(at Youngs Avenue) ; • P.O. Box 1179 Southold, NY 11971 y 0! Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: Fax# a6:o�� ca Date: rr TOTAL NO.. OF PAGES INCLUDING COVER:[ A -14- SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: CiYIA-,J-) c�GO j ❑ URGENT ❑ FOR YOUR UPDATE ❑PLEASE COMMENT ❑AS REQUESTED ❑ _______________ NOTESICOMMENTS: Please fund attached copy/copies of the following: e4tt c� I -L dm q � It S ��ti•-,�--�. Thank you. 1 Sender's Initials: /' *ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1 st Floor 54375 Main Road and Youngs Avenue, Southold website: htM:Hsouthtown.northfork.net March 6, 2008 Re: Town Code Chapter 55— Public Notices for Thursday, March 27, 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 March loth : 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 March 12t : 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 March 17th: 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 March 27, 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. J Town 01 uthold'ZBA ¢ �-- - U Epp Name O Tax Ma O File NoC� II SEQ� Board Member Leslie Kanes Weisman y : - r °lnliste Se rch r " "Hearing, 8 33 AM I the i77777 7-777 'Fil ;Number 6134 Tax Map 6 .� 3, 1 12 Ap Name: Mazzaferro, Karen Received Date 131008 Tot. Fees .;_$400„00 - - Date forward`edto Town Clerk 1/31/2008 Ha let 'Southold Type Residential ' Zone, R-40 1 St tus New Action M Dates ding Dept eeting = Buil Loa`tion 1450 Horton Lane Meeting Date' 'ND Date /17/2007 Hearing Date'. J 'ND Date' Minor Subdivision; create lot with undersized width D e (280-14) � Heanng Date. °ND Date ;t 1 �..�, Hearing Date' `� �� ND Date - _ Hearing Date ND Date Nc,tes Hearing Date. 1 'ND Date i' �— A cti Date ND Da to 1/ 1/a2008 '�p11 02 m" CAPS NUMB' :_ Developed by the`sSouthol«d Town Dais Processing,Department a N N NuTl (aot: uF HLA ; INS The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME : Mazzaferro , Karen #6134 MAP #: 63= 1 = 12 APPEAL : Subdivision BEQUEST: Create Lot with Insuff. Width DATE : THURS . MARCH 27 , - 77 : 00 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 . 70NING BOARD-TOWN OF SOUTHOLD 765= 1809 ✓ STANDARD SUBDIVISION OF PROPERTY N TM A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000-63-01-12 SCALE: 1'--60' JUL Y 6, 2005 OCTOBER Z 2005 (Subdivision) JUNE 30, 2006 (TEST HOLE) SUFFOLK COUNTY DEPARTMENT OF HEAL. TH SERVICES May 4, 2007 (WA TERT LINES) HA UPPA UGFy N.Y. AUG. 22, 2007 (ievisibns) DATE NOV. 7, 2007 lrevlrkkr) �D RpIL ROpD DEC. 61 2007 frevlslan0 SUNNY THIS IS TO CERTIFY THA T THE PROPOSED REAL TY SUBDIVISION OR �Q DEVELOPMENT FOR Y11TH A TOTAL OF LOTS WAS APPROVED � KEY MAP ON THE ;ROVE GATE. WATER SUPPLIES AND SE"►vAGF DISPOSAL SCALE 1*a60�' FACfLtT S MUST CONFORM TO CONSTRUCTION ST,1Nl?,nRDS IN EFFECT AT TIF 171E OF CONSTRUCTION AND ARE S(1f?,1F_i'.7' 7*0 SEPARATE pG�' NPN�� 25 Pf.RA41TS FUNSUANT TO THOSF_ STANDARDS. Tl11'> APPRJVAL SHALL RF Y - � 0 S.R VALID' flh'!.Y IF THE REALTY SUBDIVISION /DF_VEL0 MFNT MAP IS PN�EL $� 5 MAIN RpA D.%LY F!L& PATH TPE COUNTY CLERK W(Flflr:� �NF' YEAR OF THIS DATL: CONSI'M.y IS HFREPY %IVEN FOR THE FILING Or- Tl,"'" MAP ON WH'CII N�0/il� �0��'p�,E er 29 THIS F:NU('RSEI�IFNT APPEARS IN THE OFFICF. OF- 711E COUNTY CL.FRK P/ I HEREBY CERTIFY THAT THE WATER "PLYfSI AND/OR SEWAGE DISPOSAL AHS ENVORE WITH f'ROV,SroNs of THE PIJB1.1C Hif*A1.T H I_A u' ANP Tlf`T N �05.1 SYSTEWSI FOR THIS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION sUri'?'K .01.INTY rnnl�rnRY CODE. :*. BASED ON UPON A CAREFUL ANO THOROUGH STUDY OF THE SL�IL SITE AND GROUND W.4 TER CON01770NS, ALL L07S AS PROPOSED; CONFORM �6 THE SUF' OLK COUNTY DEPARTMENT OF HEAL TH SERVICES CONSTRUCTION WA TI=R ,IH1LRFRT, P.I_- 1 r� STANDARDS IN EFFECT AS OF THIS DATE ----- Nt'�' NA ll, i .r�. —-- \ 0lRECTOR, DIVISION OF E 1-,0 �f NTAL G .;' t t z w 1 1 ------✓OSEPH MCHE'T71, P.E.------------ -P r rn � o • PROPERTY r_INE 11 1 Z 1 _ m I HEREBY CERTIFY THA T THIS SUBDIVISION PLA T WAS MADE FEOM 1 ? ACTUAL SURVEYS COMPLETED i/e�/cp THAT ALL MONUAJEA .S C SHOWN THUS, ff A.CTUALI_Y EXIST AND THEIR POSITIONS ARE CORRF.C"7.Y HOUSE 1�1 AD SHOWN AND ALL DIMENSIONAL AND GEODETrC DETAILS ARE CORRECT: ! 1 OR 1 --{ JOHETZ N �•R• 48/ 5, t N 1 0 , .Y.S. L.S. LIC. NO. 49618 SEPTIC I tAI K y 1 1 Z 5 I� ( C Lf/N POOL INJ l--10'M/N. ROAD 1 \ � A- TYPICAL PLOT PLAN. / P OEBRP p,� wel\ 85, -�^ 46' O FC'P - t4 MONY -n /^ 0 7N I v TEST HOLE QA N 10/f �. a 6115!06 FENCE P�?�tiL \`'�\ ` 61 Ul DARK BROWN LOAM OL 7-/ ,383.39' 1 y 50 .� 1 �� BROWN SANDY SLIT N d F,fl.� x✓ . \ fl 0 o n 71 D N_ N OEL� POOL m K 1 lGrj��,�J n Cn •� 6' Z j PALE BROWN FINE TO COARSE -+ el 40. i a+� x 360 � ��F Op o 0 3g6 3 � � o SAND sw 1 S.R.F IN �x CN . o ;7 LOT 3 0 A. % BI 39•w,s - 0.55 v12. K B 314 ts�iri9 \ix G��N N . C Z 28. 27'4 2 S 0 _ t £� \ O Q FR. NSE w � , ASPNAL �Pl'% O �l CA 1 n +� rn Owe". i p,ERvl� 1 ra O I r O 1D�andonB6) Te�24 Z aaa '41.a4 E r�o;n 0 \ VLsT�s Q be 4 L11 ► �` FNAL MAP 4 eo,�5 71•AI'�0 % ,Jp-.C)It'�I� \ Na4 �04 '! >� o REVIEWED N 16g?\. ,. "°`� ,05 EWED BY1�►ZB r> 'MN-� zo h° �� SEE DECISION �'13 q Zoo �2,0 W ,�'� KAu iN �NK 'ENc?x 1 \ LOT � �/FLC)C ✓ �� ` 3�2. �)y v �........�.. SON1" (4 DATED , / � co , 00 wn FENc6 cN 0.06 x to ;.� 1 ✓ _...r L,)t c . �04 s"! w` F0 6's 1$ o\ N L��'�' ,f °'�Asap q�S 3 ` 1 CS" 1 ✓ 7.� • 1 'el W ✓ 23 . 0K Wtl\ ' ,30M� SITE DATA Q6 3 L 1 e138 571 �N� -t JP�K� LOT l AREA = 41,994 s .fl. hie, PN X� �� \ e1, 5 5� {o* -I� LOT 2 AREA' 46,630 s fl. f, RP�E = q, C'.3 510 L 0 T 3 AREA '�0,023 sq.ft. wllho'al flog,,.---- / Well LOT 3 AREA 97974 sq.fl. total ���� (� r"✓r 09 15 p x N/0 ,{, SIN b Cans 4a. 0,f,.r5 ZONING DISTRICT.- R-40 SCHOOL DISTRICT.' SOUTHOLD ANY ALTERATION OR ADD177ON TO THIS SURVEY IS A WOLA770N ECONIC FIRE DISTRICT. SOUTHOLD OF SEC77ON 7209OF THE NEW YORK STATE ECUCAPON LAW, EXCEPT AS PER SEC77ON 7209-SUBDIVISION 2. ALL CERTIFICATIONS (631) 765-5020 FAX 31 -7 5-1797 e=MONUMENT P.0. BOX 909 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF AREA-186,598 SO. FT. OR 4.2837 ACRES SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 12JO TRA VELER STREET 05-179 WHOSE SIGNATURE APPEARS f4F_REON. SOUTHOLD, N. Y. 11971