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HomeMy WebLinkAbout6143 i 1 L S�, arvl�S Av4C7 /a� APPEALS BOARD MEMBERS �OF S0 Mailing Address: Gerard R 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 Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman 1ycouffm �v 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 E EIVED A 3;"3 s FINDINGS, DELIBERATIONS, AND DETERMINATIO MAC_bo��G6 M MAY 8, 2068 b�' C�C Southold TOwe Clerk ZBA# 6143 - PAULETTE GARAFALO and THOMAS E. GIESE PROPERTY LOCATION: 90 Sterling Road, Cutchogue CT1V1 104-4-4.1 PROPERTY FACTS/DESCRIPTION: This property is located in an R-40 Low-Density Residential Zone District with a land area of 45,645 square feet, 261.91 feet along Sterling Road and 160.91 feet along Bay Road in Cutchogue. The premises is improved with a single- family one-story frame house with garage, accessory swimming pool and two sheds, as shown on the March 20, 2007 map prepared by David H. Fox, Land Surveyor. BASIS OF APPLICATION: Request for a Variance under Section 280-122, based on he Building Inspector's January 18, 2008 Notice of Disapproval, and ZBA Code Interpretation #5039 (Walz Application) concerning proposed additions and alterations to an existing single-family dwelling which will result in an increase in the degree of the existing front yard setback nonconformance, at less than 50 feet. ZONING CODE SECTION 280-122 states: "Nothing in this article shall be deemed to prevent the remodeling, reconstruction, or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance . with regard to the regulations pertaining to such buildings." Pursuant to the above Code provision and ZBA Interpretation #5039 of Code Section 280-122 (Walz Application), such additions and alteration will thus constitute an increase in the degree of non-conformance, when the code requirement is a minimum of 50 feet from the front yard lot line. The existing single-family dwelling has a nonconforming front yard setback of 34.7 feet at its closest point, and the additions with alterations to the dwelling are proposed to maintain that setback. LWRP DETERMINATION: This application is exempt from review under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. The proposed construction is not located within Page 2—May 8, 2008 ZBA 4 6143—P. GARAFALO and T. GIESE CTM 104-4-4.1 100 feet of a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA. RELIEF REQUESTED: The new construction is to enclose the front stoop and to create an eave over the garage, while maintaining the existing nonconforming front yard setback adjacent to Sterling Road. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The addition of a 4 x 4 feet stoop at the entryway and addition of an eave to the roof of the garage will add to the aesthetics of the house. The additions will maintain the existing setback of their home which is 34.7 feet to Sterling Road. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue other than an area variance. 3. Town Law §267-b(3)(b)(3). The granted is not substantial. The variance involves adding only a 4x4 foot stoop to his front entrance and an eave over the garage for a more pleasing fagade to his house. 4. Town Law §267-b(3)(b)(5). The difficulty was not self created. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an enclosed stoop and gable eave, 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 Members Simon, and duly carried, to GRANT the variance as applied for, and shown on the March 20, 2007 David H. Fox survey with applicant's hand notations, and construction diagram Sheets A-1 and A-2 dated 11-4-07, and Sheet A-3 dated 11-8-07, prepared by Richard M. Suter, R.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 Page 3—May 8, 2008 - ZBA#6143—P. GARAFALO and T. GIESE CTM 104-4-4.1 violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehrin5Pr--(C airman), i liva, Simon, and Weisman. This Resolution was duly -0). /! L ER�Zed . GOEHRINGER, CHAR 5//,r/2008 A pror Filing APPEALS BOARD MEMBERS �OF 50(��y 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 • Office Location: Michael A. Simon 'O Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman I�COON�Y,� 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 May 19, 2008 By Regular Mail and Fax Transmission 718-276-3471 Mr. and Mrs. Thomas E. Giese P.O. Box 509 Cutchogue, NY 11935 Re: ZBA # 6130 —Variance Determination (Rose CTM 126-1-23) Dear Mr. and Mrs. Giese: With regard to the above application, please find enclosed a copy of the variance determination rendered by the Zoning Board of Appeals on May 8, 2008. To assist in expediting reviews, you may want to furnish an extra copy of the enclosed determination when submitting a complete application to the Building Department for a building permit. Thank you. Very truly yours, Linda Kowalski Encl. Extra Copy of Decision 5/15/08 to: Building Department f FORM NO. 3 � rn NOTICE OF DISAPPROVAL cv.`u Cwt d[ Q DATE: January 18, 2008 TO: Paulette Garafalo &Thomas Giese PO Box 509 Cutchogue,NY 11935-0509 Please take notice that your application dated January 8, 2008 For permit to construct additions and alterations to an existing single family dwelling at Location of property: 90 Sterling Road, Cutchogue,NY County Tax Map No. 1000 - Section 104 Block 4 Lot 4_1 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to this existing single family dwelling, on a conforming 45,645 square foot lot in the Residential R-40 District is not permitted 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 non-conforming building containing a conforming use,provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing single family dwelling notes a front yard setback of 34.7 feet at its closest point. The proposed additions and alterations will maintain that setback. Pursuant to the ZBA's interpretation in Walz #5309) such additions and alterations will thus constitute an increase in the degree of non- conformance. Pursuant to Bulk Schedule Pursuant to Bulk Schedule,required front yard setback is 50 feet. This DTQtice o isa roval was issued based on a surveydated March 8 2007 by David H. Fox i uthorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file,Z.B.A. Survey for: THOMAS E. GIESE & PA ULETTE GIESE N Near E ® Nassau Point p` ' FEN. Town of �� 'Io 0 p3E - Southold �NFE cEK Suffolk County, New York S.C.T.M,: 1000-104.00-04.00-002.000, 003.000 & 004.000 . 1000-038.00-02.00-027,000 & 028.000 EpGE ok ° \ SNEp ME�PLOVER PO115E ` 40 0 40 RpOF N° s O Q i . 'f� c 0000 °,1\101 N- NCE a�a•N_ 5NE° ' SCALE:1"=40' p "E cE LANK FE i O O�o NOTES: M! 69•�Cj 0 4 N cNP`N p �oN �PpE Z �p�7 irm 1. AREA OF EAST PARCEL = 45,645 S.F. 6g•A,55 L ': w00pEP�R GON°o, " poor F�NOE o 1. AREA OF WEST PARCEL = 2,031 S.F. �1•Z� 6�9� RooF ° pogo ,6 rn1 0 2. ■ = MONUMENT FOUND, 0 = STAKE FOUND. s9 ME lJ FENOE n ^ 3. RE: THIS PARCEL IS PART OF PLOT 130 N04•58'05"W FyiE _ �gn tOR�fGP�pG� O, aPN U�K e > C FILED IN YHE OFFICE OF THE CLERK OF# 32.2a' —_ -___--87 0' �, ��sE ° s cow SUFFOLK COUNTY ON MAR. 28, 1935 e N soi °LpsoM p_ Zo? OZ S AS FILE NO. 1179 1 Z !r` EN RO (n '` 0 0 TIE LINE ALONG A?PR°FACE OF s�N 4. REFERENCE DEED L. 6298 CP 500 HIGH WATER MARK & fo:'. K\pPS�O W WOOD BULKHEAD WOOD o • �f ,. pa�c \ �;,p L. 6551 CP 8O WALK (Jl 0 ? y L. 7169 CP 172 t \ AAf --1O N84.1T19"E to cr `,\ oPs Lo r 11.92 o . I....NB pp1D,E \ O z r , - IRON RAILAr m a0 I r x pEA MAR. 20, 2007 ADDED CERTIFICATION �/ Z WOOD �^ �1N Z co �•zw y DATE: MAR. 8, 2007 m Z JOB NO:2007-111 n Q BULKHEAD a 0 Cif rn C� m `� • \' o• 8912! OD OC � \\ �.��' \ CERTIFIED TO: r Di LP I . m 1 Z$ 0 A' � � WOOD � THOMAS E. GIESE o DOCK �'., \ \ PAULETTE GIESE fTl x 0 O \ mot, \ FIRST AMERICAN TITLE INSURANCE 88 6�. \ COMPANY OF NEW YORK 7; A 7 \ WOOD DOCK (3)to CHPIN L`NK FENCE - \ \ �1 .00'1o„w \�FINALO-MAP 1' 25 66 FANS 5�3F25 r S/0 ocme��y`cicnbof co _ m SpUT RP\l- nOw &, r \ Z O� �eM Ev'E . sy �A DAVID H. FOX, L.S. P.C. N.Y.S.L.S. #50234- Cl EE ]DE# SION-0 3 ' John Lo FOX LAND SURVEYING DATED J�- LIE. I a V 0' 64 SUNSET AVENUE � WESTHAMPTON BEACH, N.Y. 11978 (631) 288-0022 W UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS-A VIOLATION OFSECTION 7209 OF THE NEW YORK STATE - _ - - EDUCATION LAW. COPIES.OF THIS SURVEY MAP NOT BEARING F E B 0 2008 LITHE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. I � I a CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TIRE COMPANY, GOVERNMENTAL AGENCY / APPEALS AND LENDING INSTITUTIO TN LISTED HEREON , AND TO THE BOARD ©J�I-\RD OF A r f _ ASSIGNEES THE LENDING INSTITUTION. CERTIFICATIONSNS ARE NOT TRAIN SFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. �_ DING:2007-111 WIND-BORNE DEBRIS PROTECTION FASTENING FOR WOOD STRUCTURAL PANELS, For Max. 33'-0" MEAN ROOF HGT. HOUSES A.P.A. SPAN RATED 48124 GRADE 15/32 STRUCTURAL SHEATHING -OVERLAP OPENING MIN. 4"TO ALLOW FOR FASTENER CONNECTION AND 2X4 SUBSTRATE WHERE REQ'D.• ALL METAL PARTS TO BE GALV. OR STAINLESS STEEL. ALL PANELS, SUBSTRUCTURES, AND FASTENERS TO BE STORED AT HOUSE. _ __ ,.._._.. . .... ._ ......... ... _ __— -- _ fib 1 , 1 �Tr % Dot r�t•5"r ',�f�j3.�•i2 — ¢ — { 4: � -�Z)-1�� g_'�2" i�,_ r�. �r�'..-- ---- ' r7-�T = �-•. : M*/Nf b U N ,5J ff© 9 L .� IC/ C./ �/ _.�J\T4la-1!�.IV,.._�1�7uL0� J t` ',�,.(//i +� \ t \ /f '• � `�'�� —..�1� '. �� • __..._•...—.,_..,..._,_..— _, \ -- '-- - I � TABLE R309•Z92 •• v ' WIND BORNE DEBRIS PROTECTION FASTENING SCHEDULE FOR WOOD STRUCTURAL PANELSa.b.c,d FASTENER SPACING oot s e foot ODI <panels 6 foot FASTENER Panel span 4 el span <panel span 'TYPE 21�2�#6 s toot , 5 8 foot 16" Wood screws 12" „ ic t Wood sermys 16 1,6" 12" - or Sl inch =25 _ -� -� '. . �- �� UGl1 f'i°N F .4 m1.609 km1h. 304.8 mm 1 Pound -'0.454 / mile per hour_ '..n ��" _ " n/ — -i is table is based on 10 mph wind speeds and a 33-foot mean roorbeirl I /V VI /I /1 M� "M MV A/V+' �f�I��I V /1/'ir; b.Fasteners shall be installed at opposing ends of Use wood sWctural panel �'• - --- c.Nails shall be 1 Od common or 12d box nails. - d. Where screws are attached to masonry or masonry/stucco,illey shall be attached utili2ing vibration-resistant anchors having a minimum ultimate withdrawal capacit3?of490 pounds. X + _.. _.. _- - .-1_._ .. ....... - I ' 1 _ , . • 1 , �� .0 :w; rz I'1` r --- --- -. �- _ . _ -rL h _ _ 1 ✓1 1 r • n' _ FIN L MAP - ... REVIEWED F I.f �L SaVt� "" `I .t��. FEB 2 0 ^n ��....--�• t , • .. � j . _ �. SEE' DECISION # JfL3 DATED- 11OARD R S U . T E R AND S V E w_._..__ _. . - / - - -- - :_:._....- _ — -: liL 11U5 U I: TLoIJ_: __ ] dA_L:_1? _!I_Y AF 1-�� �`���RO May/� _ OuN 'i'!-C,� -- _. . AN D S C A P E __... ._._...._.__._................. . . ._. T� DESIGN ARCHITECTURE _ �� _ _ ___ __ . ..�{ _ .... s v N '• �5 (,./�wS r 9 It � _.. ,w P. O. BOX 1709 124 I'ESSUP AVENUE •QUOGUE, NY I1959 LAJ 7 �9T� `6 3 1 . 6 .5.3 . 3 8 7 7 WW?W.suterandsuter.com F A X 6 3 1 . 6 5 3 . 3 8 7 8 OF N _... Figure 3.8a Corner Stud Holddown oIc Detail - 3 Studs With a n Blocking 70 CIA g LEL �..,..: r{.g\t....:. _ 3+v ' WIN MM Y 1•- • Blocking at 24"o.c. - - WFCMREFFRENCE:'Ta6les2.1,2.2R,3.5,3.5 BOLD RULE •--•-. ,--•'-`'I • • ( - W DID!CATES ^4. •:','„;i:n, :. ' CDNNCCTIDNS ® AROUND WALL Connection Requirements,Each End of Header OPENINGS Sidewall "' C--- - _ oof ader Uplift(Ibs) Lateral(Ibs) { R He • _...-- y) _�f�---'- --- - -.-- Span Span • • • 90 MPH . 100 MPH 90 MPH ; 100117PH / • UPIIrT LATERAL - • ! I 4 490 1 670 286 352 1 Holddown } 980 i 572' 704 1 • - 2-16d Common �` � , 24 8 . 1 .. . .. I . 340 _ .1. .. - 1 • • . ' nails at 10"o.c. j, , 12 1,470 1 2,010 858 , 1,056 I Z -1 +� - _. ___ ,..,-_.•.. _ ___ ' 16.... 1,960 2,680 1,144 1,408 U It 4 692 948 286 352 i • Corner stud 8 1,384 i 2 2 ® connected to - 36 __..._ . . ._. ..- __... . . .... 1,896 572 704 ;I ; transfer shear . - j 2,076 I 2,844 858 . --.1_,0. 56y• N-- 16 2,768 3,792 1,144 1,408 cszo • - - c-l� ---- 4 894 1,224 286 352 ° 48 8 1,788 _ 2,44E 572 704 12 2,682 372,6 858 1,056 _ 72 - •_ -- I 16 3,576 4,896 1,144 ! 1,408 ° 4 1,094 I 1,502 286 352 • 1�1��7 8 2,168 I 3,004 572 704 �F�`� --•- 0 60 12 3,262 r 4,506 858 1,056 (Murip�esmaybeuaed) i 6,008 1,144 1 -1,40B • � I .., .. 16 4,376 i 1 Tabulated ._..- n .._,.._ _ .. load and . y; � d uplift based on 15 st roof/ceiling assemblydead I 100 Ii wall assemblydead load(U=total uplift-2/3 D.L.. sTEEoa � ��I •'`�1 - v ! 2.Tabulated uplift based on MRH of 33 feet,for MRH of 15 feet or less,the tabulated uplift may be multiplied by 0.80.P Y - •----�__--..._.__.-_-_..-____._._..... .._. v_ _._lJ`(j/�li. _.___ - 1 3.Tabulated uplift based on a maximum wail height of 10 feet and a a � maximum root overhang of 2 feet. `' fi '•t Anchor Boll Y o W/LPa ( Simpson W' Fasteners Into: Allowable Uplift(Ibs) 1•HUG410 hanger requires a nominal Connector Cut Length I 4x10 or taller header size. , - o Header Stud info SPF(160%) 2•Nailing pattern shown for HUG requires CS20 9 8d 9 Sd 21° 1 005 a minimum double king stud: f i 3.HUC hangers must be installed inverted, CS18 10 8d 10 8d 25" 1,188 other sizes available. N i CS16 10-8d 10 8d 31" HUC4107 10-10d 1810d2 - 2,810 EDOE ! Common Wire Diameter x Min.Edge in.Spacing Shear Capacity; _ i 1 Nail Size Length(in) Distance(in) (in) (Ibs) siPnaNc Inverted HUC \\I _:._�_1-. _-_-__-----•-._--.__.__..II---__-„-----�,-=L-1:�- =�W�v1-__ -�._�::._: . '.,... ; 0.131 x 2.5 3/e 1% 56 for Increased - UpliftCapacityip 10d 3/N 90 End Nail i 16d x 3 h 15/3 Diagram ! 128 to 41 162 b i tf` l I rZ 1� 01 ' �I , r % I _ 'Rd L 0106 --- S CZ) - izC��;cro_ - ___�'�--_ _-.__ - - _ --' 2 s �, N ..-... .. . -_ .. .....,. _._ • -i , _ f _------- 10 4 I , 5" FINAL P LEA 1��4 REVIEWS <, D BY ZB I 1 I c DECISION � • � 1 '�__ _ � � ' ---�--%"h+��': SEE DE I 1 ' r DATED a E R � � _ _ - S •U T E R AND S U T - _ K _. 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W _ _ C. �}- b Fes' .� 54 , v I T vcl� • ..�'" '` _ —_ ...I'1!-Q���!T...:'j r��/Jt.7'L�S,.... .. r -- �- -..—___.___._ ��Ci.-�._�/��%-I llw .—. _ .. _ ._.__._.._. - LLI -,F-..7.8 j _.._ _............._.____ __-- I ______----ITS=-i✓-=�1==�-=�c 121-�---:.--'---..... . ._.. . .._ ----.._ t .._�. � I __y:::� ' , _._...�.._-._....._. _.. _._..P_.._._.._..._ .. �+...�_r«.. - - - 1�..rwre �Ic wrmsndF•.• ___ ...m -stx:`- _ T�...._......,_.._..._.._.._....,..._..._.._.......... ..._.._.,......_.__., _........ ._.._..., . . ..._ _ FINAL MAP REVIEWED BY ZBA SEE DECISION &1 DATED/ / 00 00 { R AND S I7 T. E Rsc��...'=___( :► .arc --:r_ �_s:rr�.N �:_:-_-l�2: -<-_.o-�;-_:::_, , r,:;_-:. ►=r ,a_ - _:_-:::::�v _���__�::___-_--_:__-_,:: - _.:: ��a�° cy D. E S I G N A R CH I T E C T U R E L A N D- S CAPE _... - --..... . _ _.. •��off' _ ' ' _ ows -- - PAN D�E(��S EfJ-C -�.�� V/� [f4 TEF-K(0►2 CgYz,�vC� � . P. O.• B O X 1 7 0 9 124 J E S SUP AVENUE Q U 0 G U E N Y 11.959 ---- � fZ 5 �� tt !� tr FgWco AW r 5 0 P'17 OWvA-L - 'J r-I- Wes/ j N-'TVL�R j- y ---------_-- -" s� �'� � d-7 Pe � 03a Y ) �,: ' 6 3 1 . 6 5 3 . 3 8 7 7 wwwr.sutera>.�dsuter.cou� FAX G 3 1 . 6 5 3 .3 8 7 8 - r APPLICATION THE SOUTHOLD TOWN BOARD p %E D For Office Use Only Fee:$_ZsJD Filed By: Date Assigned/Assignment No. Office Notes: FEB I -nano Z(j � ( PEALS -� /n� /J House No. 9® Street S7'L�2Ginl a Jib Hamlet L u J ClAd 6(1 �_ SCTM 1000 Section /o Block fl ot(s) 60 Lot Size '19�,A6X(5 Zone 1XI— 9110 I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED J AJ- 2,,S BASED ON MAP DATED__In , Applicant(s)/Owner(s): 'rI4, -f- i�Rt//�/fc- /A S4�_ MailingAddress: P• O. 13e )( S©� e U 7-c 14 p to o C AJ. 11. H- &31-73 y-yoof Telephone: c -973-7255 9189 Fax#: 7/ 7&-2 9 O 7 Email: G 1L-;SC PW(.(I 0IAI Qlll� 7-' 'JJ1C w-7/P`27(a-Soo o Co NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: for ( ) Owner, or ( )Other: Agent's Address: Telephone Fax#: Email: Pleas check box to specify who you wish correspondence to be n:ailed to,front the above names: Applicant/Owner(s),or ❑Authorized Representative, or ❑Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATEDAPAW 8, 2dv, and DENIED AN APPLICATION DATED I" . , 20o k FOR: Building Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑ Change of Use ❑Permit for As-Built Construction ❑Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the.code.) ArticldKa Section 280- /2 2- Subsection Type of A peal. An Appeal is made for: $Q ' 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, l has not been made at any time with respect to this property,UNDER Appeal No. Year . (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: ZBj . , le# 1�� REASONS FOR APPEAL(additional sheets may be used with preparer's siknature): A Ifte AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: 7ZZ —,to 771& sIWO&eOt (2) The benefit sought by fe applicant CANNOT be achieved by some method feasible ff000r the applica t to pursue,other than an area variance,because: `7~�2LA/ i�� ,�JG� (3) The a unt of relief re ested is not substantial because: ✓_ ®s �� a��a �� /��c ����o��� 14 (4) The varianc T have an adverse effectr`p�on the physical or env�onmental conditions in the neighborhood or district because: &41.e (5) Has the alleged difficulty been self-created? ( )Yes,or XNo. Are there Covenants and Restrictions concerning this land: X No. ❑Yes(please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sur consu your attorne gnature of Appellant or Authorized Agent Sworn to before me this R+-k� (Agent must submit written Authorization from Owner) d of F4: 6 200 k MA AA Notary Public iiP"Wy Pnb0a, �t E P.9®. Of GVENSID7329��eav ®rls y Quaffyied In Nassau COWRY Coa�fnis�iu�n el:PPeL,Feb.2dd9 ��9 1 Page 3 of 3 - Appeal Application A 7�� Parf B: REASONS FOR USE VARIANCE Of 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): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CA NOT realize aREASPNABLE R TURN be ause: ( escribe on a separat she t). &LAAea" r� 15- ,mac, ILd Q /l�-7 2. T alley ed hardship relpting tot a property is unique because: '�w hvw �e'W'2' 4 �a'al�f 4aJ414;&W' 3. The alleged hardshipdoes of a to a substantial portion of t istrict or i hborhood because: G ` L� � pp y 4. The request will not alter the essentia cha acter of;Zeighborhood because: �� i� � � 5. The alleged hardship h not been self-created because: 7 2 �U)n 6. This is the iFulief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and,welfare of the community. (Please explain on a se Ir arattepsheet if necessary. OS �%l J� t Wad 7. The s irit of the ordinance will be observed, ublic safe elfare will be secured and p p safety substantial justice will be done because: (Please explain on a separate sheet if necessary.) ( ) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the signature and notary area below. SI ature of Appellant or Authorized Agent Sworn to before me this (Age2laye&pplt Authorization from Owner) 1qq-roay of . . �..1::��. ..., 2009. Notary Public-state of Mew York Pao.01 FM5073295 (Not Public) (OuoGMcd 9n klaseau County ZBA App 9/30/02 PAY CaxrnMISSlon Exp9r Fob.24,2o9I Office Location: O�OSufFO��C USPS Mailing Address: OG Town Annex/First Floor,North Fork Bank c� y� 53095 Main Road 54375 Main Road(at Youngs Avenue) e0 Z P.O. Box 1179 Southold,NY 11971 Southold,NY 11971-0959 O http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631)765-9064 ZBA File Info: 3/20/08. ZBA office called Mr. Giese to inquire about status of mailings. Mr. Giese said they were away for two weeks and mailings were not done. Due to late time frame and inability to meet Code requirements for a March PH,Mr. Giese asked for an adjournment of the advertised Legal Notice. A complete application was expected with Affidavits and mailing receipts for the April 24, 2008 public hearing. 3/31/08. Legal Notice for next step and mailings was faxed with instructions to applicant, and sign mailed separately(Apr 24 PH). Affidavits to be supplied when completed by applicants as per Code. TOWN OF SOUTW I BUILD], PERMIT APPLICATION CYi1.ECKl IS'� BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL (A),J Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 �— Survey (�- SoutholdTown.NorthFork.net PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Storm-Water Assessment Form Contact: Approved 120 Mail to: /00- Bo/ Sd 9 Disapproved a/c �, Cy l Cj�D�a d L- `✓t// f 3g t Phone:01--'7/ Expiration ,20 ! in spe APPLICATION FOR BUILDING PERMIT Date /— , 20 01? INSTRUCTIONS a. This application MUST be completely filled in.by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit 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. (Signature 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 0wA)�� Name of owner of premises S ¢- /131y 4'i&' -5c (As on the tax roil or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. i Plumbers License No. _ Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section 4U`L&" Block Lot. Subdivision Filed Map No. 17 g Lot (Name) Stag existing use and occupancy of prei____;_,s and intended use and occupancy of; )osed construction: a. Existing use and occupancy rzn.✓ b. Intended use and occupancy S2 cr/JIWG �� 3. Nature of work(check which applicable): New Building Addition )O Alteration Other Work Repair Removal Demolition (Description) 1. Estimated Cost js000- �- 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 '7/ Rear 7/ � Depth 32 Height 2,9 ' Number of Stories / r Dimensions of same structure with alterations or additions: Front 2 - Rear 7 Depth Height � r Number of Stories r 8. Dimensions of entire new construction: Front S1--,&- Rear Depth Height Number of Stories 9. Size of lot: Front 26 j r Rear 2� Depth Ply 7 D Name of Former 10. Date of Purchase 8' Owner - 11. Zone or use district in which premises are situated 11�15'ae'✓ 171t 12. Does proposed construction violate any zoning law, ordinance or regulation? YES V NO 13. Will lot be re-graded?YES NO Will excess fill be removed from premises? YES NO Address 7 S/?4z,6 Pz P hone No. 14.Names of Owner of premises �l ins GIL-��� CUTC&yet., phone No Name of Architects T�/L-r SJ T�'Z- Address _Phone No. Name of Contractor Address 15 a. Is this property within 100 feet of a tidal wetland or PERMITS freshwater MAYwetland? BE REQUIRED.NO � * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. b. Is this property within 300 feet of a tidal wetland? * YES /'C' NO �G f�Si5ii[/'7,k J * IF YES, D.E.C. PERMITS MAY BE REQUIRED. � <2l poil 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. 18. Are there any covenants and restrictions with respect to this property? * YES NO_� * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF. G1 "@ being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S�He is the � (Contractor,Agent, Corporate Officer, etc.) -pf 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 statenients 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 20 7 day o Notary P Signature of Applicant ry g ARA ANN RUD ER Notary Fublfo,State of New York t �.i)5�905 Quaiifiedyh in Suffolk County Commission Expires April county Town of Southold acompletetius .LWRP CONSISTENCY ASSESSMENT FORM .A. INSTRUCTIONSLS1. All applicants for permits* including Town of Southold agencies, r 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. DESCR.IPTION OF SITE AND PROPOSED ACTION SCTM# The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance(e.g. grant, loan, subsidy) cj--Permit, approvia F, Htense, certification: --- -- Nature and extent of action: Location of action: p Sic-'rLin1(� Site acreage: • 9// r'� Present land use:. ACS1 I-Dea KIL— Present zoning classification: ec:S.,br 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: I (c) Telephone number: Area Code 7 3 72 f - (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No If yes,which state or federal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community charaeter, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. Yes ❑ No of Applicable Attach additional sheets if necessary - Ley . I'rotec and preserve-liis�oric and archaeological resources oO-fW T—OWH Southold. See LWRP Section III- Policies Pages 3 through 6 for evaluation criteria ----._._...__......................_........... . ........ ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 3, Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria El Yes ❑ sP No Not Applicable Attach additional sheets if necessary Policy.5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 thrroough�21 for evaluation criteria ❑ Yes ❑ No t_1 Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies- Pages 22_-. ------ ------- — ----- - ---- --------- --------- --------..------. -- through 32 for eva criteria. - Yes Noluation Not Applicable Attach additional sheets if necessary Policy 7, Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Yes No Applicable Not .L `SY Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No �Notpplicable 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 - NApplicable Attach additional sheets if necessary WORKING COAST POLICIES _ __................._....... Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locationsreR-P SeionIII—Policies; Pages 47 through 56 for evaluation criteria. — - _ - .....----- ._ ..._._._... .__..._:ppIicaTile ---_..__._......_ Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. SerNot RP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ N2, Applicable 9 4� Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town'of Southold. See LWRP Section III —Policies;.Pages 62 through 65 for evaluation criteria. El Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pa s 65 through 68 for evaluation criteria. ❑ Yes ❑ No Not Applicable _...............------- Created on 5125105 11:20 AM COUNTY OF SUFFOLK �-� - - �. CD = MAR 2 4 2008 ZONINGay.°�IPPS STEVE LEVYALS SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING March 20, 2008 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) Giese, Thomas&Paulette 6143 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)853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(631)853-4044 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT CJ , Town Half Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT- ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 33509 Z Date NOVEMBER 2, 2007 Permission is hereby granted to: T & P GIESE STERLING RD CUTCHOGUE,NY 11935 for CONSTRUCTION OF AN INGROUND SWIMMING POOL. IN THE REAR YARD, FENCED TO CODE AS APPLIED FOR at premises located at gn STERLING RD CUTCHOGUE County Tax Map No. 473889 Section 104' Block 0004 Lot No. 004 .001 f pursuant to .application dated OCTOBER 24, 2007 and approved by the: Building',Inspector to expire on MAY 2, 2009 . Fee $ 250 . 00 Authorized Signature COPY " Rev. 5/8/02 a .a, , (fold#2) Aft NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION QhO DIVISION OF ENVIRONMENTAL PERMITS NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK NY 11790 THOMAS GIESE PO BOX 509 CUTCHOGUE,NY 11935 (fold#1)--staple here NOTICE OF RECEIPT OF APPLICATION The Division of Environmental Permits has received the application referenced below. The material submitted is being reviewed by staff,and you will be advised in writing regarding the department's findings. In all future communications,please refer to the Application ID number. Application ID: 1-4738-03769/00001 Date Received: October 15,2007 Applicant: THOMAS GIESE ; Facility: GIESE PROPERTY Description: _J/I FOR THE PROPERTY LANDWARD OF PRE-EXISTING ROAD DEC Contact: KELLY ANN FELICE APPLICANT'S PROJECT DESCRIPTION REC D (For ZBA Reference) ;�B 2 0 20 Applicant: /f/ohi AS E• Date Prepared: / 3 I. For Demolition of Existing Building Areas BOARD OF APPEALS Please describe areas being removed: -- .✓o AM- — Qom' Wioff A7o J i/fC e o,-- lcr p lSQ A 4 IR la /S TU L-'•JLLo3L-� • F�iyO/y/��on) I S /.4 4�ecS H. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: 410A16- -e o.vc S nme� Dimensions of floor above second level: A/oA)C Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: • A✓o - 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: p,pC S7yR1. Zvi/�init� Number of Floors and Changes WITH'Alterations: CAJ,99— IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: /79"/ h fr. Proposed increase of building coverage: /& Square footage of your lot: f a pa s o F;. Percentage of coverage of your lot by building area: y q V. Purpose of New.Construction: �o /�D.a f Aj Fd� i o %/f- /`54CADe' 1/= �' //0/4j6 C AJJA " L / OS /I 3iXV" Y/ 0OJ- /Af );�?b A! of Qd/f0,,A4i . 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): P2d p" y /.S ?C--Z- 77c.16 ' /SIT !�//1?� !����r.�i is�✓ f�✓ /G c- �+/o y S 7-0 77ii=7 A Please submit seven (7)photos,labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAW RE CS R FOR FII WG WITH YOUR Z.B.A.APPLICA ON FEB 2 0 2.008 A. Is the subject premises listed on the real estate market for sale? ❑Yes ko BOARD OF APPEALS B. Ar there any proposals to change or alter land contours? 0e.0 ❑Yes,please explain on attached sheet. C. 1)Are there areas that contain sand or wetland grasses? 11/0 2)Are these areas shown on the map submitted with this application? •- 3)Is the property bulkheaded between the wetlands area and the upland building area? 0 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? A10 Please confirm status of your inquiry or application with the Trustees: -r— 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? .moo E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? X/V t47 (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? Y�S If yes,please submit a copy of your building permit and map as approved by the Building i Department and describe: :8d,,/ /JG AJ,9 uJ ®oC,I -7- 'Et 39-$,S I�L�A�i�i7K1 Tr' X&-n e c)�- 3u1fo1W&, G. Do you or any co-owner also own other land close to this parcel? C/�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 114C4A1 1 and proposed use SIA164z- 1-Z les: existing: single-family; proposed: same with garage or pool,or other description.) orized Signature and Date 2/05; 1/07 1_ PROJEC'r LD. NUM 3HR. SEAR 617.21 Appendix C ������� State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FO For UNLISTED ACTIONS Only F E B 2 0 2008 PART I-Project Information(To be complete by Applicant or Project sponsor) 1.Applicant/Sponsor 2. Project Name - - - - — bUARD OF APPEALS �.•,���-S �. .ems 3.Project location: Municipality - -County 4.Precise location (Slriet address and road intersections,prominent landmarks,etc.or provide map) 5.Is proposed action: ( ) NEW ( )EXPANSION ( ODIFICATION/ALTERATION 6.Describe project briefly: SaoQ G' 1VeJSZ' TU d'zUOJL eac>c �3T�'h/D SOS c 7.Amount of land affected: Initially: acres; Ultimately: acres 8.Will proposed action comply with existing or other existing land use restrictions: YES ( )NO If No,describe briefly: 9.What is present land use in vicinity of project:(describe): ( Residential ( )Industrial ( )Commercial ( )Agricultural ( )Park/Forest/OpenSppace ,( )Other % 40/i� .� / � (� ,U ��O�CAL-'�, CO(JL�S A PA K' 6 10.Does action Involve a/permit approval or funding,now or ultimately from any other Governmental agency,(Federal, State or Local)? YES ( )NO If Yes,list agency(s)and permittapprovals: pet.nr 3 3 11.Does any aspect of the action have a currently valid permit or approval? ( YES ( )NO If Yes,list agency(s)and permit/approvals: 12.As a result of proposed action,will existing permit/approval require modification? ( )YES O If Yes, list agency(s)and permit/approvals: I certify that the Information provided above is true to the best of my knowledge Applicant/Sponsor Name: Date: Signature: If the action is i �eCoa stal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment T— ' NSACTIONAL DISCLOSURE FORIV APPLICABI 0 OWNER CO ,i �r�rFr�xy°, �` NTRACT VENDEE ANii7 aGE The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of �j�� and employees. The purpose of this form is to provide information, which an alert t Town officers possible conflicts of interest and allow it to take whatever action is necessary to avoid sa n own of ;y :F (Last name, first name, middle initial, unless you are applying in the nai e o s other entity, such as a company. If so, indicate the other person or compan name, eel e LS0D NATURE OF APPLICATION: (Check all that apply.) Variance FEB 2 Q 2008 Special Exception BOARD OF APPEALS *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, relationship with any officer or employee of the Town of Southold? `Relationship" includ s parent or chil ) heby blood, marriage or business interest "Business interest" means a businessa. including a .partnership, in which the Town officer or employee has even a partial ownership of or employment by) a corporation in which the Town officer or employee owns more than 5% of fhe sharps YES NO If you answered "YES'; complete the balance of this form and date and sign where indicated Name of person employed by the Town of Southold: '— Title or position of that person: -------------- Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship.in the space provided. The Town officer or employee or his or her;spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director,partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP LIMDA EMBAR Submitted t ' dayf Mot,qry Public-MOO of mew Yovk o Pao.01 EM5073295 Signature: Fq f? Quafiff od In M ascnu County �ppii11{� Print Nam P,rdy' COWLVnission E-21PITes Feb.24,e'-10 W A WV ELIZABETH A.NEVILLE �OF SO!/ry0 l Town Hall, 53095 Main Road TOWN CLERK ~ 0 P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER G Q Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER a0 Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER 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 25, 2008 RE: Zoning Appeal No 6143 Transmitted herewith is Zoning Appeals No. 6143 Thomas E & Paulette Giese- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is Project Description, Questionnaire, Transactional Disclosure Form, LWRP Consistency Assessment Form, Short Environmental Assessment Form,Notice of Disapproval, Building Permit Application from 1/8/2008, Building Permit for Pool, Real Property Tax Service Agency noting new Tax Map number, 3 Property Record Cards, Receipt from DEC for application of pre- existing road, 3 photos of house showing proposed changes, survey from Fox Land Surveying showing proposed changes, Architecture plans for changes from Suter and Suter. Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/25/08 Receipt#: 12284 Transaction(s): Reference Subtotal 1 1 Application Fees 6143 $150.00 Check#: 488 Total Paid: $150.00 Name: Giese, Thomas & Paulette 90 Sterling Road Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID:6143 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 2/ 22 /08 ZBA# NAME CHECK# AMOUNT TC DATE STAMP 6143 Giese, Thomas and 488 $150.00 FED 2 5 2008 Paulette Soul,970Id Fawn cled $150.00 By Thank you. 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: 11:05 A.M. THOMAS and PAULETTE GIESE #6143. Request for a Variance under Section 280- 122, based on the Building Inspector's January 18, 2008 Notice of Disapproval and ZBA Code Interpretation #5039 (Walz) concerning proposed additions and alterations to an existing single-family dwelling maintaining the existing front yard setback, for the reason that the new construction will increase the degree of setback nonconformance when located less than 50 feet from the front yard line, at 90 Sterling Road, Cutchogue; CTM 104-4-4.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at(631) 765-1809, or by email: Linda.KowalskiCa_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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,APRIL 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, APRIL 24, 2008: 9:30 A.M. PAULETTE GARAFALO and THOMAS GIESE ZBA #6143. Request for a Variance under Section 280-122, based on the Building Inspector's January 18, 2008 Notice of Disapproval and ZBA Code Interpretation #5039 (Walz) concerning proposed additions and alterations to an existing single-family dwelling which will result in an increase in the degree of the existing front yard setback nonconformance, at less than 50 feet. Location of Property: 90 Sterling Road, Cutchogue; CTM 104-4-4.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at(631) 765-1809, or by email: Linda.Kowa IskiCaD_Town.Southo Id.ny.us . Dated: March 31, 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 rl),day of (,lyf V 2008 setback•noacontormance when located:.-,1 milding.y proposedat less than efive(5) cress'ihan,SO feet froth the;front yardline, feet from We prokcty.line and with lot' at 9O Sterhng:Roed Cutchogue CJM •'coverage wliich exceeds the code limits- LEGAL NOTICE 104-4 41 ,lion of 20%-:(existing 27.43/ lot cover- ' l SOUTHOLD TOWN ZONING 1145, AM:-JOANNF and JOHN .•.age) Location of Pioperty 145.King• BOARD OF APPEALS GOUVEIA #6144 Request`for Vazi ..Street Orient C- 1000-126-1-23. THURSDAY,MARCH 27,2008 -antes under Section,280124,.based on . 12:30 P.M. SPYRO AVDOULOS PUBLIC HEARINGS ' the Building Inspector's Notice of Dis #6145..(1)This;is an Appeal of the Feb- CHRISTINA VOLINSKI NOTICE IS HEREBY GIVEN,put approval concerning proposed addition ruary 29,2008 Stop Work Order issued PUBLIC-STATE Of NEW YORK Sunnite Section 267 oftheTown Law and and alterations to the existing single under Section 144-13 of the Town Code, 01.VO6106060 Chapter 280(Zoning),Code of theTown. family dwelling, hich w new construchon ,bich Order states that recent construe- NO of Southold,the following public hear- will result in a setback at less than the tion work,has•gone beyond the scope of'alltl®d 10 SUt}011t COUOi 201z TOWN ZONING ZONING be held BOARDthe UOF AP yard lot Me and-increase in of overage .Variance un 46�t,from,thd front der Section 280416ASbased ntnhtloft Expitog FobtuatY 28, PEALS at the Town Hall;53095.Main exceeding'the'code limitation of 20/, ion the Building Inspector's amended Road,P.O.Box 1179,Southold,New ,at 55405 County Road 48(a/k/a North March 6,'2008 Notice of Disapproval 959 York 11971-0 ;'on .TH R DAY .Road),Sodthold;CTM 44-1-11 • and applicants request to amend Build- I, MARCH27 2008• 1130 A.M:DAVID FISHER-#6126. .•'mg Permit 0367Zfoi dwelling recon-.i• 9:30 A.M. CHRISTOPHER and Request for Variances under Section struction(additions and alterations)and FLIZABETH GRASECK#6135.Re- 280-124,based on the'Building Inspec- ?replacement of easterly foundation.The quest for Variances under Sections tor's Notice of Disapproval concerning. Building.'Inspector states that the de- 280-116 and 280-124,based on the Build- proposed additions to the'existing single- moliiion and reconstruction at this.non- ing Inspector's February 5,2008 amend- family dwelling,which new construction conforming 28,149 square foot parcel in ed Notice of Disapproval concerning a will be less than 35 feet from the rear the R40 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;andwith lot coverage -all buildings or structures'located on-- reasons that the new construction will in excess of the codeXmaxinium limita- lots adjacent io sounds and dpon which be:(a)less than 25 feet on a single side: tion of20%,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.r rA-POLIPES-and KEV- fewer than 100 feet from the top of the code-required 100 feet from the-bank INFERRO#6129.Location of Property:. bluff or bank.(adjacent to the Long Is- or bluff landward of the shore.or-beach 300 Jackson 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- #6060 for alterations and additions to a CTM 58-2-12. pansion of the existing accessgty'cottage single-familydwelling,following this,and / 9:40 A.M. JSC RE O RC- by building and in this 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 dation 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; ruaiy 11,2008 Notice of Disapproval which states that the accessory CTM M 100044-1-50. 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 ` 280121 n hich'provision states•Such ing.to be,heard at'each,hearing,and/or 3190 Haywaters Road,Cutchogue;CTM nonconforming use of buildings .may desiring to submit written statements 111-11.13. - be continued indefinitely,except that before the conclusion of each hearing. 9:55.A.M.PAT and GHERYL RA- such building_or use(A1 shall not be en- Each hearing will not start earlier than GUSA#6138.Request for Variances un- lareed 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 or parcel of land occupied prior to the day of the hearing.If you 2008 Notice of Disapproval concerning a Ily such use on the effective"date of this have questions,please do not hesitate proposed accessory swimming pooland: chaer.,cr shall any external 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: Linda Kowalski@Town. feet from the top of the bluff,and side whatsoever,and Notice of Disapproval Southold nv.us. yard location for-the swimming pool citing Section 100-31A which provision Dated:March'14,2008. 'rather than acode-requiredyard,at 1600 °r„a.r'R80Districts'no building ZONING BOARD OF APPEALS Hyatt Road,Southold;CTM 50-1-6. or premises shall be used and no build- GERAD P.GOC�NRMER, I- R, .10:10 A.M. FRANK and ANTO r Dart of a building shall be erected Linda Kowalski NETTF NOTARO#6136.Request for a or altered which is arranged intended.-` BY: Variance under Section 280-15,based on or designed to be used 'in whole or M.`• 54315 Main Road.(Office.Location) the Building Inspector's January 22,2008 part for any use end the following=.. .53095 Main Road(Mailing/USPS) ----- -- - Notice of Disapproval concerning the A permitted uses One-family detached - P.O.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 ..- 8754123120 5,. and partly in the code-permitted rear 2) Interpretation to deal with this yard.Location of Property:625 Calves preexisting residential use in a residen- Neck Road,Southold;CTM 63-7-30.1. tial zone,applying Code Section 280-122.1 a nos A M RICHARD and PA- Nonconforming Buildings with Con- 161ELA FREAKING#6141.This is a forming_Uses which states;A Nothing request for a Special Exception under in this article shall be deemed to prevent Southold Town Zoning Code Article the remodeling reconstruction or en-I III, Section 280-13B(14), sub-sections la{r ement of a nonconforming building a-d.The Applicant/Owner proposes a containing a conforming use provided Bed and Breakfast accessory use in their that such action does not create any new residence,incidental to their occupancy nonconformance or increase the degree.as a,single-family dwelling use,with up of nonconformance with regard o the to three guest bedrooms for lodging and regulations pertaining to'such build=i serving of breakfast to not more than ten ings•R.Retnstruction of a damaged (10)casual,transient roomers.Location building.(l)A nonconforming building: of Property:235 Lilac Lane,Cutchogue; containing_a conformity use which 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.ROBERT F.and PATRI- value shall not he repaired or rebuilt CIA FRIEMANN#6139.Request for miles 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 Inspec- requirements of the Bulk Schedule(2) tor's November 19,2007 Notice of Dis- Application for a permit to build or re- approval concerning proposed partial store the damaged p0rtion9f any bmld- demolition of an existing dwelling,and ing damaged or destroyed as set forth proposing new construction for alters- in Subsection B(l)above shall 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 be accompanied by"plans feet on a single side yard,and less thanfor reconstruction which,as to such por- 75feet from the bulkhead or retaining tion shall comma 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 lam e one gear thereafter unless Tree Road;Cutchogue;CTM 104=3-8.: reconstruction in accordance with the 11:00 A.M. KAREN MAZZA_F- approved plans hat been initiated: ERRO(formerly Karen Miller)#6134; 3)Alternative Variances based on, Request for,a,Variance;under Section the Building Inspector's:November 8. 280-14,based on the BuildingInspec- 2007 Notice of Dis pproval under Sec- . tor's December 17,2007 Notice of.Dis- [ion 280-12IA and Section'100-31Ai approval concerning a proposed lot(#I) denied for the-'reasons that the acres-- - " proposed with a lot width at less than. Gotta a use is nonconforming and the code-required 150 feet in this Pend- constitutes a second dwelling unit,and ing three-lot Minor Subdivision,located as such may not be enlarged;altered at 1450 Horton Lane,Southold;CTM extended reconstructed or restored or 63-1-12;Zone District R-40 Low-Densi- placed on a differegt_portion of the lot. ty Residential. nor shall any external evidence of.such 11:05 A.M. THOMAS and FAIL use be increased by anyMeans-.whatso- \ T_FTTE GIESE•#6143.Request for a ever as a second:dwelling unit. Variance under Section 280-122 based 12.15,P.M.;DON ALD.and JANI on the Building Inspector's January 18 ROSE#6130.RequeSt•for Variances 21 2008 Notice of Disapproval and ZBA der Sections 280-15B and 280-124,based Code Interpretation.#503.9(Walz)-con- on the Building Inspector's January 7, cerning proposed additions and altera- 2008'amended Notice of Disapproval tions to an existing single-family dwell-- concerning efre location of a new two- ' ing maintaining.the existing front yard story accessory building_at a height ex- Setback,-for the:reason that the'new ceeding 18-feet to the top ofthe ridge,af. construction will:increase the degree of •ter removal'of abuilding:and which new .yuvvn w r OWNER STREET - :'�} VILLAGE DISTRICT SUB. LOT j6�f' . '`-`# .J t er l .. .�! Its �lif . 15.r ti FORMER OWNER N ? E ,� ACREAGE r W TYPE OF BUILDING RES. ?� SEAS. VL. FARM COMM. I IND. I CB. MISC. I Est. Mkt. Value LAND IMP. TOTAL . DATE REMARKS - - 2 v�dr�` Zj �� �" �h� 34 ;)6 P. #7y6a z IFU41) sw/mmfw , P"1_ c. ' aa0 o cs .0 p 8 s = I o2S f5 CPIs " t 0 * — `� C) fr0 o - --------------- AGE.. BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER p �' Farm Acre Value Per Acre Value FRONTAGE ON ROAD .Y 'c ? Tillnhle 1 BULKHEAD Tj,,uvle 2 - - DOCK - /i I r Tillable, Woodland Swampland Brushland j House Plot i i i • I I ' I i i I i i TFFF: M. Bldg. I Foundation _ I Bath Extension i Basement Floors Extension. I I Ext. Walls Interior Finish Extension T Fire Place i Heat . Porch I Roof Type i Porch Rooms 1 st Floor Breezeway Patio Rooms 2nd Floor . Garage Driveway_ Dormer O. B. J� �; � xn STREET '`f�? VILLAGE DISTRICT SUB. LOT nSw..L'`�J�1 S�,y"s .d.,. //fie PP l � FbRJviER OWNER N ?� 7#i E 5; .�: ACREAGE a s S W TYPE OF BUILDING �'/ /e ` RES. f SEAS. VL. C/ FARM COMM. I IND. I CB. MISC. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS A,d r r� r 'Yc�! „. 7, t �/ s� -Yc 0 - AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE - - R Farm - Acre Value Per Acre Value FRONTAGE ON ROAD Tillable 1 BULKHEAD Ti le 2 DOCK Tillable, 3 r -� Woodland Swampland . B rush laid House Plot Total OWNER STREET VILLAGE DISTRICT SUB. LOT N 'W %�'� `'t�✓'go Orr -,,v 54-�s 1-O';ZAAER OWNER . . N E ,� • ACREAGE , ell / S - W �6 TYPE OF BUILDING (� is A`I s f/c 1- r',•,r v' �° c V ce V'� c ✓%r t�f k �ES, � SEAS. VL. FARM COMM. I IND. CB. I MISC. LAND IMP. TOTAL DATE REMARKS j ! 6 I 1 , 6 0 2,30o s. `L� \,6 ° !� J /�l f V/ �. .b� k A f P.fJr u G 00 01, Ila AGE 'a__ BUILDING CONDITIO NEW NORMAL BELOW ABOVE ly _ ZaFar cc Val re �'� F i�Q.�,az< f� ' T`i l la,b.le 1 2 I► a (� 3 3 I p"! .1(Qk1.r1� f �Jl1C Tillable- 3 Hood land )wampland 3rush.l ad House Plot T oto l fixer wf , }afi[� k J1*#s,»�4+� r. i,�afs`s }d � Y� 121 has :,twF { s$ .6',-}�E� , y.c'afiJ. ME, II ^, y � r d M. Bldg. 1 Y d cl Foundation . Bath 1 Extension Basement" FloorsLd Y Extension / ,� �' �j b, / ( , Walls / S 1 . !U(� !t.; Jnterior Finish Ext Extension Fire Place -�—"`.` Heoit ,,``77 f ,i. / 1..._,v Porch Attic " Porch Rooms 1st Floor Patio Rooms 2nd Floor Garage t >3 / ---`� �� Driveway Z _ - 11/05/20o7 )•ION 10:52 FAX 6317655178 SOUTHOLD DATA PROCESSING ni OATS PROPERTY MAP NO. MAI✓ COORDINATE NOS, ' r DEED RECORDED IN LIBER �Z� PAGES SUBDIVISION NAME OR NO. MAP BOOK. PAGE 8L. ^�_ LOT RED PRopFRry TAX SERVICE AGENCY INDEX INITIAL SUF50LK COUNTY CENTER RIYERHgAD, L. l., N_ Y. 11901 SKETCH: 102 F, h� � lJ1 OCT2 6 E07 QO' BTARD OF OWN OF.SOUTHOLD5 aN, ASSEMBLED AND RETIRED 1000-104-04-002, 003 .& 004. REPLACED BY 1000-104-04-4.1. OWNERS: PAULETTE GARAFALO & THOMAS E. GIESE BY DEED 12520-015. RESEARCHER/P 0 TER _ DATE RPTSA Form to, CHECKeO By ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK -----------------------------------------............X In the Matter of the Application of AFFIDAVIT .�, OF MAILINC (Name of App cants) CTM Parcel #1000- (o ----------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at.219d{VU ,461 OIAI;e4. i-Zd, New York,being duly sworn, depose and say that: On the day of ,/ I1Qi/ , I personally mailed at the United States Post Office in_ W�_^ New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on rile with the ( )Assessors, or( ) County Real Property Office , for every property which abuts and is across a public or priv�o6 street, or vehiculaf right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this oZ day of 4,a.' f , 200,8' t. dffilf F= s ALDUINO ottaFy P�6Ifa=Mate of New York Fib.OI AL6146340 Qual'kid iii NASSau County (Notary Public) MY Commission Expires May 15,2010 PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the .owner names and addresses for which notices were mailed. Thank you. L Al-1 1�2op� 19 l j C-%4-,r Cy v FALO and THOMAS GIESE - ZBA existing residential use in a residential #61 d" Request for a Variance under zone, applying Code Section 280-122, S1 280-122,based on the Building Nonconforming I igs with Con- Ir )r's January 18,2008 Notice of forming Uses.whi tes:A.Nothing Disapproval and ZBA Code Interpreta- in this article shall be deemed to prevent tion#5039 (Walt)concerning proposed the remodeling reconstruction or en- r additions and alterations to an existing largement of a nonconforming building single-family dwelling which will result containing a conforming use, provided in an increase in the degree of the exist- that such action does not create any new f ing front yard setback nonconformance, nonconformance or increase the degree at less than 50 feet.Location of Prop- of nonconformance with regard to the r� erty:90 Sterling Road,Cutchogue;CTM regulations pertaining to such build- id ,> 104-4-4.1. s: B. Reconstruction of a damaged/ 9:40 A.M.CHRISTOPHER and EV building (1)A nonconforming building ELYNCONKLIN-ZBA#6155.Request containing a conforming use which has for a Variance under Section 280-116B, been damaged by fire or other causes to based on the Building Inspector's April the extent of more than 50% of its fair 2,2008 Notice of Disapproval concern- value shall not be repaired or rebuilt ing proposed additions and alterations unless such building is made substan- to the existing dwelling which will be less tiallyto conform to the height and yard than 75 feet from the bulkhead,at 3400 reouirements of the Bulk Schedule,(2) Ole Jule Lane at James Creek(dredged Application for afor a permit to build or re- canal),Mattituck;CTM 1000-122-4-20.1. store the damaged portion of any build- 9:50 A.M.JOHN VAN GELDER - ing dammed or destroyed as set forth ZBA#6148.Request fora Variance un- in Subsection B(1) above shall be filed der Section 280-124,based on the Build- within one ear of the date of such dam- ing Inspector's January 16,2008 Notice age and shall be accompanied by plans of Disapproval concerning a proposed for reconstruction which,as to such por- new dwelling,after demolition of the ex- tion shall comply;with the requirements isting building,with front yard setbacks Cet fAxtls above If such permit is issued at less than the code-required 35 feet. ' it shall lapse one year thereafter unless Location of Property:10 Hickory Road reconstruction in accordance with the and Chestnut Road, Southold; CTM U12roved plans has been initiated: 54-6-14. 3)Alternatively,Variances based on 10:05 A.M.DONALD HOHN-ZBA the Building Inspector's November 8, #6149.Request for Variances under Sec- 2007 Notice of Disapproval under Sec- tions 280-15 and 280-124,based on the tion 280-121-A and Section 100-31A, Building Inspector's March 17, 2008 denied for the reasons that the acces- amended Notice of Disapproval con- spry cottage use is nonconforming and cerning a proposed new dwelling and ac- constitutes a second dwelling unit,and cessory shed structure for the following: as such may not be enlarged, altered, (a)the new construction will exceed the extended,reconstructed or restored or code limitation of 20%for lot coverage; placed on a different portion of the lot... (b)the new dwelling is proposed at less nor shall any external evidence of such than 35 feet from the front yard lot line; use be increased by any means whatso- (c) the proposed shed will be in a side ever as a second dwelling unit. yard rather than the code-required rear 1:10 P.M.KURT FREUDENBERG yard, at 945 East Gillette Drive, East and JANET LATHAM - ZBA #6121 Marion;CTM 38-3-2. (PH held 2/28/08. Attorney's letter 10:20 A.M.JAMES MESKOURIS- confirms amendment that withdraws ZBA#6142 Request for a Variance un- request for swimming pool,requesting der Section 280-124,based on the Build- shed variance. Location of Property: ing Inspector's March 25,2008 amended Lester's Road, a private Right-of-Way Notice of Disapproval concerning pro- off the east side of Westphalia Avenue, posed additions and alterations to the Mattituck;CTM 114-7-2.1. i existing single-family dwelling, which 1:20 RM. PAUL and MAUREENi new construction will result in a.lot CACIOPPO#6127.Request for a Vari- coverage exceeding the code limitation. ante under Section 280-124, based on Location of Property:1350 Sound Beach the Building Inspector's December 27, Drive,Mattituck;CTM 106-1-36.1 (for- 2007 Notice of Disapproval concerning merly 36). the location of an accessory in-ground 10:40 A.M. CJC1 CORP. - ZBA swimming pool, which will exceed the #6146. Request for a Variance under code limitation of 20% lot coverage,at Section 280-50C,based on the Building 735 Jackson Street,New Suffolk;CTM Inspector's January 11, 2008 amended 117-9-6. Notice of Disapproval concerning a pro- 1:35 RM. GREG and KARMEN posed business building(retail business DADOURIAN - ZBA # 6131 Carry- and contractor's yard)in this B-General over from 2/28/08.Request for Variances Business Zone District,which building under:(1)Section 280-124,and(2)Sec- will have frontage greater than 60 linear tion 280-15,both based on the Building feet along the street.Location of Prop- Inspector's December 28,2007 Notice of erty:74495 Route 25,Greenpbrt;CTM Disapproval concerning the location of 1000-45-4-4,1 a new dwelling at less than 40 feet from 10:55 A.M. MICHAEL KENIN - the code-required minimum front yard ZBA#6153.Request for a Variance un- setback, and for a swimming pool lo- der Section 280-124,based on the Build- cated in a side yard rather than the code ing Inspector's March 10,2008 Notice required front yard or rear yard for this of Disapproval concerning proposed waterfront parcel,located at 695 Petty's additions to the existing single-family Drive at Long Island Sound, Orient; dwelling at less than the code-required CTM 14-2-23. 35 ft.minimum front yard setback,at 420 The Board of Appeals will hear all Lake View Drive,at Marion Lake,East persons,or their representatives, desir- Marion;CTM 31-9-11. ing to be heard at each hearing,and/or 11:05 A.M. LIA POLITES and desiring to submit written statements KEVIN FERRO ZBA#612,�Location before the conclusion of each hear- of Property: 300 Jackson Street, New ing.Each hearing will not start earlier Suffolk;CTM 117-10-2.The Applicants than designated above.Files are avail- propose renovations/alterations, addi- able for review during regular business tions,and expansion of the existing ac- hours and prior to the day of the hear- cessory cottage building and in this Ap- ing.If you have questions,please do not peal requesting the following: hesitate to contact our office at (631) 1) Reversal (under Section 280-122) 765-1809,or by email:Linda.Kowalski@ " of the Building Inspector's November 8, Town.Southold.ny.us. 2007 Notice of Disapproval which states Dated:April 4,2008. that the accessory cottage use is noncon- ZONING BOARD OF APPEALS forming and constitutes a second dwell- GERARD P.GOEHRINGER, ing unit,citing Section 280-121A.which CHAIRMAN provision states: Such nonconforming BY LINDA KOWALSKI use of buildings may be continued 54375 Main Road(Office Location) indefinitely,except that such building or 53095 Main Road(Mailing/USPS) use (A shall not be enlarged, altered, P.O.Box 1179 extended reconstructed or restored or Southold,NY 11971-0959 LEGAL NOTICE placed on a different portion of the lot 8782-11 4/10 SOUTHOLD TOWN ZONING or parcel of land occupied by such use BOARD OF APPEALS on the effective date of this chapter,nor THURSDAY,APRIL 24,2008 shall any external evidence of such use PUBLIC HEARINGS be increased by any means whatsoever. NOTICE IS HEREBY GIVEN,pur- and.Notice of Disapproval citing Sec- suant to Section 267 of the Town Law and tion 100-31A which provision states:"In Chapter 280(Zoning),Code of the Town A-C R80 Districts no building or prem- of Southold,the following public hear- ises shall be used and no building or part ings will be held by the SOUTHOLD of a building shall be erected or altered TOWN ZONING BOARD OF AP- which is arranged intended or designed PEALS at the Town Hall,53095 Main to be used in whole or in part for any Road, P.O. Box 1179, Southold, New uses except the following:A.Permitted York 11971-0959, on THURSDAY. uses One-fames detached dwellings.not APRIL 24,2008: to exceed one dwelling on each lot": 9:30 A.M. PAULETTE GARA- 2)Interpretation to deal with this pre- - LAIQ t I 4ile-:5 6C 4 MrL-,b eac4-) #8782 STATE OF NEW YORK) ) SS: o" COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is r Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 10th day of April, 2008. Principal Clerk Sworn to before me this t day of 2008 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105060 Qualified in Suffolk County MY COMMISSl®n UplrOG Fsbfuafy 28.2012 i I 1 _ i y r • . • SECTIOr-'DELIVERY Postal, ■ Complete items 1,2,and 3.Also complete A. Sig re I • CERTIFIED MAIL. RECEIPT item 4 if Restricted Delivery Is desired. ❑Agent I ® I (Domestic . - Ifl ■ Print your name and address on the reverse X Addressee I r-9 .. Coverage D^ I so that we can return the card to you. r9 I C3 ■ Attach this card to the back of the mailpiece, B Received by(Prin le Name) C D e of Delivery _ or on the front ifs ace permits. I — I I I' ?i L U ' g• �j CHAPE P P delivery address different from it 7 Yes t M BRGLYk=NA1'�y I�ij �� L U E ✓ i! u u D. Is 1. Article Addressed to: I If YES,enter delivery address be] ❑No i Postage $ , --0 Postage $ $0.41 0230 I Ln g 0`30 in Certified Fee Certified Fee 1� 01 Postmark UUl�� 1 01 Postmark � C] Return Receipt Fee Here �i p Return Receipt Fee Here 0 (Endorsement Required) $2.15 5 p (Endorsement Required) l/ L C3 Restricted Delive Fee Restricted Delivery Fee 3. Service Type ry (Endorsement Required) 0.00 yp (Endorsement Required) I ru / aCertified Mail ❑Express Mail {' ru I ru Total Postage&Fees $ $5, /0 / ❑Registered [3ReturnReceipt for Merchandise ru Total Postage&Fees $ 04/OJ2008 p -_ Q 2008 ❑Insured Mail ❑C.O.D. Sent To AA t r%- Sent To Y01(Af,t ,1C � jy !J! /�- 4. Restricted Delivery?(Extra Fee) N //'//L/��� (I�p�1 C3 �C ❑Yes / - .. O '^ C3 Street,Apt.No Number; { Street,Apt.fVo.; or PO Box No. __ 2. Article : i ; ; . �/ 87i/ r` --- - ----------- ---- (Transfer from'servic's label)': ' ? : : ) - - or PO Box No. /_C-------------- - City State,ZIP+d� 4_ _—. -- ---- - -_. City,State.ZIP+4 1 / / ' - �PCL /7i// A6r Z7,577 DELIVERYCOMPLETE THIS SECTION ON ,QaoK SENDER: COMPLETE THIS SECTION PS Form,3800,,ALIgust 2006 Se&Reverse f6r,'Instructiol 1 ■ Complete items 1'.2,and 3.Also complete °' A. Sig ry': ; ❑Agent item 4 if Restricted Delivery is desired. X ❑AddresseePostal ■ Print your name and address on the reverse bate of Delivery so that we can return the card to you. B. R e' ed by(Printed Name) Date Er C3 ■ Attach this card to the back of the mailpiece, (v17vA�[ CEWIFIED MAIL,. RECEIPT I'rl °• Provide, �- ;(Domestic Provided) or on the front if space permits. D. Is delivery address different from item 17 ❑Yes cc rrq oil I , If YES,enter delivery address below: ❑No R1 I = _ 1. Article Addressed to: ` m ,,,y,, w7l' � r� E t I T Il € abB j OC A3�II t�14572 7 .0 Postage $ l D Postage $ U.41 0230 �rL-)9AJ `r_'��//r,� �3,9 I ,r) $0.41 0230 u, r� Postmark � � �/���� Certified Fee Certified Fee r/ � 01 01 Postmark Z1 Q 1 O Return Receipt Fee I osmar O Return Recelpt Fee Here J Al Service Type 1 O (Endorsement Required) Here a (Endorsement Required) �2 //�/ ��/ 'f ,�/ ,Certified Mail�[03&p=essMail i Restricted Delivery Fee L/� �- y7 r �J (Endorsement Required) Restricted Delivery Fee Ytl ❑Registered ❑Retum Receipt for Merchandise I � so 00 0 (Endorsement Required) r ❑insured Mail ❑C.O.D. ru ru ,4 1 ru Total Postage&Fees ru Total Postage&Fees I{ 2008 4. Restricted Delivery?(Extra Fee) [3 Yes C3 0//41/022/2008 / EM 04/0� Sent To C7��OrV t Sent To � 2. Article Number C3 - Wif--------- ,�J (Transfer from service laben t3 Street,apt.No.; eer,ApG L /JI/s e1,+ 102595-02-M-1540 ---- Box No. �� --PO Box No. G (1 -- --- ----;: ,.: — - [` `--S ST 4�i�/--------- ------------------- '` __ w ___ City,State,ZIP+4 ---- `--- �""" City,State,Z%P+4 ----- ----- 5-7 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY PS Frorm 3800,August 2006 See Reverse for InstructiorX ■ Complete items 1,2,and 3.Also complete X Signat r item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we Can return the Card to you. B. Received by(Printed Namej C. Da oZwx� ■ Attach this card to the back of the mailpiece,or on the front if space permits. © D. Is delivery address different from item 17 10 Yes 1. Article Addressed to: If YES,enter delivery address below: O l — I 67441-ACA1 I � 3. Service Type I /Iv 7Z�6��• Certified Mail ❑Express Mail I' L ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. I 4. Restricted Delivery?(Extra Fee) ❑Yes I I I i 2. Article Number (Transfer from service label) I; PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 fl f ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ` -----------------------------------------------------X i In the Matter of the Application of AFFIDAVIT OF SIGN AVc �� POSTING . (Name of Applica ) Regarding Posting of Sign upon Applicant's Land Identified as 1000- /p,/ - �/ - 5/ -----------------------I//-----------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) Y/ /,`! residing at Z�q� N4sz4 oiti/i /J . York, being duly sworn, depose and say that: On the day of . L I personally placed the Town's official Poster, with the date of heari g 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 even days prior to that date of the subject hearing date, which hearing date was shown to be 0A Z-6, (Signature) Sworn to before me t s � day of ���� � 200Z ' DANIEL P.ALDUINO / Notary Public-State of New York f No.01AL6146340 Qualified in Nassau County (Notary Public) My Commission Expires May 16,2010 *near the entrance or driveway entrance of my property, as the area most visible to passersby, Thomas E. Giese 0 Sterling - .. . Proposed Garage Facia/Eve outlined in orange ��� �...r���r� ter► .. �'�?�.: O Y 4 i �� • • � • � • • ��� _—� T��_ ��� � �,��� 'r"`�-ems ��'�-��� ��T���� r ar. -; -- - -- - -- - - -- - ----� �� / '�'` Hs ,� _ � ��+ � = �:__ _ , _ . .�-=:� : . .� Thomas E. Giese 90 Sterling Rd. Cutchogue Proposed enclosure of Stoop outlined in orange. t r .e Thomas E. Giese 90 Sterling Road Cutchogue Front yard tr A I �3r Office Location: O�Q$uFF®��'`, USPS Mailing Address: OG Town Annex/First Floor,North Fork Bank �� y1 53095 Main Road 54375 Main Road(at Youngs Avenue) Co Z P.O. Box 1179 Southold,NY 11971 oy Southold,NY 11971-0959 viol http://southoldtown.northfork.net BOARD OF APPI�ALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 April 1, 2008 Mr. Thomas Giese P. O. Box 509 Cutchogue,NY 11935-0509 RE: ZBA#6143 Dear Mr. Giese Please contact us as soon as possible, so that you can make arrangements on how to complete your mailings for a Public Hearing. The Board will not hold your hearing until you or your representative has completed the mailings. Thank you, Zoning Board Staff .NING 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• http.//southtown.northfork.net April J , 2008 Re: Town Code Chapter 55 — Public Notices for Thursday, April 24, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before April 7th : Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction ' area or other , request, by CERTIFIED MAIL,""RETURN RECEIPT REQUESTED, to all owners of property (tax map with property h mbers 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 April 8th: 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 April 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 April 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. rIvTI �. E U' r HEARIi4o, The following application will be heard by the Southold Town E ,oard of Appeals at Town Hall , 53095 Main Road , Southold: FAME GIESE , T . and P . #6143 MAP # 104=4=4ml I \' ' 'ARIANCE Setback Variance REQUEST Add itions/Alterations DATE : THURS . APRIL 24, - 9 : 30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . _ONING BOARD-TOWN OF SOUTHOLD 765= 1809 BONING 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: http: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 12th: 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. ' 4 Office Location: �gUFF01/c USPS Mailing_Address: p�.. Town Annex/First Floor,North Fork Bank a �� 53095 Main Road 54375 Main Road(at Youngs Avenue) COCz 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 February 22, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6143 Owner/Applicant: Giese, Thomas and Paulette Action Requested: 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, Gerard P. Goehringer ZBA Chairman ByC���' �aeoa� Encls. J L F :�n Td w" 11 of Sdahold. ZB-A- No'. El'Uhliste' .28 AIM ysearch;.,, El Other Hearinglime:, SEQRA 0,App. Name 0 Tax Map File II Board' Member Ruthemu.D. Oliva I-File,Number Tax Map:j104.-4-4.1 j P'.,,j1ame;- IwSE,Thomas and Paulette Received spate: F! ?/2009,1:Tot. Fees: $i 0:00" P Date forwarded to T6Wn Clerk 2 'H Type Residential J! 2one, R 40 rL2��908j mlet, p *atus' w Actidhf Meeting,Dates Building'Dept. 1 M 0�11 Meeting Date ' ND Date 0 It'Loc6ti6in" Road Hearing Date ND Date 2 Shdrt­ -122; fysb 3T7 7 Adds/a Iterations to existing sfd 280 Desc.,: i Hearing bate'2' ,;:.ND Date,3 Interpretation in Walz(#5309) increase in degree of copy non-conformance Hearing Da te te'3 IND Da A 'Hearing Date 4 ND bate 5 r Heaing Date S. ND"Date Notes 4 Action Date: '!,ND Date,7 T 57 Aj KI', L_ Developed"by the Southold ToWn Data Processing De artinent 1 1' _