HomeMy WebLinkAbout6552 as i
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. ' BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman,Chairperson �of
so yo 53095 Main Road•P.O.Box 1179
Southold,NY 11971-0959
James Dinizio,Jr. � � Office Location:
Gerard P. Goehringer tic Town Annex/First Floor,Capital One Bank
George Horning • �OQ 54375 Main Road(at Youngs Avenue)
Ken Schneider COU Southold,NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD E U
ED
Tel.(631)765-1809•Fax(631)765-9064 + F.
3 .
A R 2 6 2012
FINDINGS,DELIBERATIONS AND DETERMINATIO 1t ' •
MEETING OF APRIL 19,2012 outhold Town C erk
ZBA FILE: 6552
NAME OF APPLICANT:Phillip and.Patricia Marco
PROPERTY LOCATION: 4380 Indian Neck Lane,Peconic,NY SCTM# 1000-98-01-5.4
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 lI category of the State's List of Actions, without
further steps under SEQRA.
LWRP.DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the
Minor Actions exempt list and is not subject to review under Chapter 268.
PROPERTY FACTS/DESCRIPTION: The subject parcel is'a 56,052 sq. ft. lot in an AC zone. It has 213.78 feet of
road frontage along Indian Neck Lane to the north, 266.67 feet along its eastern property line, 266.67 feet along its
.western property line and 213.78 feet along its southern property line (rear lot line). The rear and western lot lines
abut upon a 78.3 acre horse farm. The subject parcel is improved with a one story frame house and subject as-built
wood deck, as shown on the survey of the subject parcel prepared by Howard W. Young, L.S., dated January 17,
2012
BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building
Inspector's February 13,2012 Notice of Disapproval based on an application for building permit for"as built"deck
addition to existing single family dwelling: 1)less than the code required minimum rear yard setback of 60 feet.
RELIEF REQUESTED: The applicant requests a variance for a 45.2 foot rear yard setback, where the code
requires a 60 foot rear yard setback, to an as-built deck addition, as shown on the survey of the subject parcel
prepared by Howard W.Young,L.S., dated January 17, 2012.
ADDITIONAL INFORMATION: A letter was received from representatives of the neighboring Horse Farm,
addressed to the applicant's representative, indicating no objection to the granting of the requested subject
variance.
• i
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on April 5,2012, at which time written and
oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and
surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant
and makes the following findings:
1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties.A rear yard deck is a common feature of residential
Page 2 of 2—April 19,2012 j
ZBA File#6552-Marco
CTM: 1000-98-1-5.4
dwellings and the proposed as-built deck having a width of less than 10 feet is modest in size. A deck addition had
existed in this location without any reported history of causing a detriment to nearby properties. The rear yard of
this parcel abuts upon a paddock of a large horse farm to the south and west, and abuts a vacant parcel to the east.
2. Town Law 4267-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. A Tortion of the rear of the existing dwelling is within the
code required 60 foot rear yard setback;therefore any proposed additions to this portion of the rear of the dwelling
will require a rear yard setback variance.
3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing a 25%
relief from the code. However, the relief requested is for an as-built deck addition proposed at less than 2 feet in
height from grade,
4. 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
subject property in the area of the as built deck is relatively flat with no apparent drainage issues and the as built
deck is not visible from the street
5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. It is the applicants desire to propose an as-
built deck addition in a location that requires a variance.
6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of an as-built deck addition in a non conforming rear yard location, while preserving
and protecting the character of the neighborhood and the health, safety and welfare of the community.
i
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under
New York Town Law 267-13, motion was offered by Member Schneider, seconded by Member Weisman
(Chairperson), and duly carried,to
GRANT, the variance as applied for, and shown on the Architectural Drawings entitled "Deck Replacement"
Marco Residence, Sheets 1,2,3 and 4, dated 6-29-11, prepared by James J. Deerkoski, P.E., and the survey of the
subject parcel prepared by Howard W.Young,L.S., dated January 17,2012.
Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a
possible denial by the Building Department of a building permit, and may require a new application and public hearing before
the Zoning Board of Appeals.Any deviation from the variance(s)granted herein as shown on the architectural drawings, site
plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application
when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use,
setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other
features as are expressly addressed in this action.
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 Weisman(Chairperson), Goehringer, Schneider,Horning. (Absent was:Member Dinizio)
This Resolution was duly adopted(4-0).
Leslie Kanes Weisman, Chairperson
Approved for filing /2012
I
I
(1)UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW.(2)DISTANCES SHOWN"`-"t-FROM PROPERTY LINES TO EMSTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABLISH PROPERTY LINES OR FOR ERECTION OF FENCES.(3)COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY.(4)CERTIFICATION
INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY,GOVERNMENTAL AGEN 'ENDING INSTITUTION LISTED HEREON.AND TO THE ASSIGNEES OF THE LENDING INSTITUTION.CERTIFICATIONS,ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. (5)THE LOCATION OF WELLS(W),SEPTIC TANKS(ST)do CESSPOOLS(CP)SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS.
400 Ostrander Avenue,Riverhead,New York IIg01
tel.651.1212505 fax. 651."12-1.0144
N adminayoungenglneering.com
ouq 4 your
Q01 Howard W.Young,Land Surveyor
a ��Q• Thomas 0.Wolpert,Professional Engineer
qk Douglas E.Adams,Professional Engineer
W E 01 Robert G.Tost,Architect
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In
�- SITE DATA
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FEB 16 2012 � , 9� `�` � O � •WE HEREBY CERTIFY TO PATRICIA MARCO THAT THIS
p SURVEY WAS C PREPARED IN ACCORDANCE WITH THE CODE OF
e W , \sue �_ A9A50GTICE FOR LAND SURVEYS ADOPTED IATION OF PROFESSIONAL LA SUR THE�IKSTATE
BOARD OF APPEALS o
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PATR I G I A MARCO
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3 3 N '"° s`t ° . 13 at Peconfc, Town of Southold
X Suffolk County, New York
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� O S BOUNDARY SURVEY
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°b fl County Tax Map Dlstrlct 1000 Section la Block OI Lot 5.4
2\3 FIELD SURVEY COMPLETED JAN. 15,2012
MAP PREPARED JAN. 1-1,2012
qk Record of Revisions
3 RECORD OF REVISIONS DATE
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JOB NO.2012-0005
DWG.2001_0560\2012_0005_bs I OF I
O = MONUMENT SET ■= MONUMENT FOUND e= STAKE SET e= STAKE FOUND a = CHIMNEY
RECEIVED
FEB 16 2012BOARD OF APPEALS
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BOLTS,NUTS,AND
2 X 8 ACQ LEDGER 4 X t:NOTCHED POST j WASHERS �
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SIMPSON POST CAP
EXISTING FOUNDATIONSIMPSON ADJUSTABLE
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SECTION VIES REVIEWED B'� ZBA
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DATED
GENERAL NOTES:
X
cn 1.ALL WORK MATERIAL,AND THE EQUIPMENT SHALL BE IN ACCORDANCE WITH THE
NEW YORK STATE UNIFORM BUILDING CODE AND THE NEW YORK STATE ENERGY
CONSERVATION CODE,AND LOCAL AUTHORITIES. W
kECEZ-9ED
2.ALL DIMENSIONS AND GRADE CONDITIONS TO BE VERIFIED BY CONTRACTOR PRIOR
TO START OF CONSTRUCTION AND ORDERING OF MATERIALS. FEB 16 2012 �
rn
12 11 " 4'_1" 4, PROVIDE FLASHING AT ALL ROOF BREAKS,CHIMNEYS,SKYLIGHTS, EXTERIOR DOORS BOARD OF APPEALS
WINDOWS AND DECKS, ETC.
,
iy
- -- 5. DO NOT SCALE DRAWINGS. �
6. DESIGN CONSULTANTS OR RECORD ARCHITECT-ENGINEER ARE NOT RESPONSIBLE FOR
THE INSPECTION.SUPERVISION OR ADMINISTRATION OF THIS CONSTRUCTION PROJECT.
i FEDERAL,STATE,AND LOCAL ZONING AND BUILDINGCODE COMPLIANCE
IX rn z I SHALL BE THE RESPOi',ISIBILITY OF THE CONTRACTOR.
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cxx z x rn N 7.THIS DRAWING IS At INSTRUMENT PREPARED TO FACILITATE CONSTRUCTION AND SHALL
x NOT BE CONSTRUED AS A CONTRACT BETWEEN BUILDER AND OWNER,
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Q m 0 o n 8. ELECTRICAL AND MECHANICAL COMPONENTS TO BE DESIGNED AND SPECIFIED BY OTHERS. I U
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FINAL MAP 21
REViEWED BY ZBA
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SEE L,--CISION #
DATED__� /I
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Framing Notes:
122CEAVEID
The contractor is to verify all measurements in the field and any discrepancies are to be brought to the attention J ,� 2012
of the Engineer prior to construction.
Wood Framing BOAR®OF APPEALS
75
1. All lumber is to be No.2 or better Douglas Fir Larch(N)with the following minimum specifications: —— ——
Fb=825 psi ----- ---------- =N
Fv=95 psi L�
Fc perp=625 psi
E= 1,600,000 psi
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2. All Laminated Veneer Lumber is to have the following minimum specifications: C-0"
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Fb=2,900 psi
Fv=290 psi
Fc perp=650 psiLU
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E=2,000,000 psi i 5/,x 4 FIR NEW WOOD r- �
T&G DEGKING STEPS Z
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3. 0
All beams fabricated with multiple Laminated Veneer Lumber boards are to be nailed/bolted in accordance W
with the manufacturer's specifications. �
LLJ Z
I EXISTING STEPS TO i Li
4. All straps,connectors,plates,bolts,nails,etc.are to be galvanized or stainless steel.Designated connectors, I BE REPLACED IN KIND ? 0
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strap etc.on these drawings are made by Simpson unless indicated otherwise. i p
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5.All connectors,straps etc.are to be nailed/bolted in accordance with the manufacturer's specifications. _
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�SONPOTUBIES ON FOOTING,
6.All floor sheathing is to be 2%2 inch AC type plywood,tongue and groove,with an APA span rating of 48/24. MIN.36`BELOW
GRADE-TYP.
7.Floor sheathing shall be glued and screwed to the floor joists(6"OC edges and 12"OC field).
8.All wall sheathing is to be 19132 inch APA Rated Exposure 1 plywood and shall be nailed with 10d common
nails 6"OC edges and 12"OC field. EAST ELEVATION
9.All joist and beam hangers and fasteners used on the exterior and in contact with pressure treated Y4
lumber are to be Simpson Type 304 or 316 Stainless Steel.
10.All bolts,nuts and washers are to be stainless steel or hot dipped galvanized.
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FINAL MAP
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REVIEWED BY ZB _
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SEE DECISION #O � v= =� o 1, W U-
DATED 11q
RECEIVED
FORM NO. 3 FEB 2012
NOTICE OF DISAPPROVAL
DATE: February 13, 2012 BOARD OF APPEALS
TO: Patricia Moore for
`. P &P Marco
51020 Rt. 25
Southold, NY 11971
Please take notice that your application dated February 10, 2012
For,a deck addition to an existing single family dwelling at
6-A 0_5(6 td!--
Location of property 4380 Indian Neck Road., Peconic,NY
County Tax Map No. 1000—.Section 98 Block 1 Lot 5.4
Is returned herewith and disapproved on the following grounds:
The"as built" deck addition on this non-conforming 56,052 sq. ft. lot, is not permitted /
pursuant to Article XXIII Section 280-124 which states;
"This section is intended to provide minimum standards for granting of a building
permit for the principal buildings of lots which are recognized by the town under
280-9 are nonconforming &have not merged pursuant to 280-10."
For lots between 40,000 and 59,999 sq. ft., the required rear yard setback is 60'. The "as
built" deck addition indicates a rear yard setback of 45.2'.
Authorized Signature
UCEaVED
FEB 16 2012
anfilmn PEALS
nn ,�,p
fee:$ Filed By: W,jqo `" Assignment No. �i-
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
House No. 4380 Street_Indian Neck Road,Peconic,New York
SCTM 1000 Section 98 Block 1 Lot(s) 5.4 Lot Size 56,052 sq.ft. Zone A-C
I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED_February 13,2012` BASED ON MAP Prepared by Young&Young dated 1/17/2012
Applicant(s)/Owner(s): Philip and Patricia Marco Mailing Address: 37 Riverside Drive,New York
NY 10023
Telephone: c/o Pat Moore 765-4330 Fax#:765-4643
Email: cmoorel o tonline.net
NOTE: In addition to the above,please complete below if application is signbd by applicant's attorney,agent,architect,builder,contract
vendee,etc.and name of person who agent represents:
Name of Representative: Patricia C. Moore Esg. for(X) Owner,or ( ) Other: _
Agents Address: 51020 Main Road, Southold NY 11971
Telephone 765-4330 Fax#: 765-4643 Email: pcmoorel(&optonline.net
Please check to specify who you wish correspondence to be mailed to,from the above names:
y Applicant/Owner(s),or X Authorized Representative, or y Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED Prepared
by Young&Young dated 1/17/2012 and DENIED AN APPLICATION DATED February 13,2012
FOR:
X Building Permit(deck)
y Certificate of Occupancy y Pre-Certificate of Occupancy
y Change of Use
y Permit for As-Built Construction
yOther•
Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning
Ordinance by numbers. Do not quote the code.)
Article XXIII Section 280-124"As built"deck 45.2 from rear property line
Type of Appeal. An Appeal is made for:
X A Variance to the Zoning Code or Zoning Map.
(OS-G
RECEIVED
FEB 2012
y A Variance due to lack of access required by New York Town Law-Section 28 #RD OF APPEALS
y Interpretation of the Town Code,Article Section
y Reversal or Other
A prior appeal, has, has not been made at any time with respect to this property,
UNDER!(Please be sure to research before completing this question or call our office for assistance.)
Name of Owner: Patricia Marco ZBA File#
REASONS FOR APPEAL(additional sheets may be used with preparer's signature):
AREA VARIANCE REASONS:
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment
to nearby properties if granted,because:The house was relocated(moved to the property)and altered in
1985 with the enclosed CO dated 6/4/85 permit #Z13495. Original plans did not show the rear deck,
however,prior to completion of the house the deck was constructed. Owner believed that the CO included
the deck. Thereafter, in 2011 owner applied for window replacement, mud room and deck addition to
existing house; CO enclosed dated 9/13/11 permit#35211. The portion of the deck which conformed to
zoning was given a CO; the remaining deck requires a variance before a building permit and CO can be
issued by the building department. The deck provides living space and is at the level of the sliding doors.
and in the rear yard. The adjacent parcel is an open field which was formerly owned by Patricia Marco
and was sold to Lewis Bacon.
(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 sliding doors are two steps above grade. The
conforming portion of the deck which leads to the mud room is wood and the two decks will be connected
and form one uniform structure.
(3) The amount of relief requested is not substantial because:The house is at 56.7 from the rear property
line,the proposed deck is 45.2 feet from the rear yard.
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because: It is an open rear yard which looks out to neighboring horse
paddocks. The house was placed 167.8 feet from Indian Neck Lane in order to retain the open look of the
property and at the top of a gradual slope.
(5) Has the alleged difficulty been self-created? (X)Yes,or ( )No
Are there Covenants and Restrictions concerning this land: X No. Yes(please furnish cony).
This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the
character of the neighborhood and the health,safety,and welfare of the community.
Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE
ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.)
U 5sz
UCEIV D
FEB 16 2012
ature of Appellant or Authorized Ag�tA�®®�
(Agent must submit written Authorization from Owne APPEALS
Swor t before me this !�
day ,20 1 ,
BETSY A. PERKINS
Notary Public, State of New York
No. 01 PE6130636
Qualified in Suffolk County
Commission Expires July 18,
57z
APPLICANT'S PROJECT DESCRIPTION RECEIVED
(For ZBA Reference) FEB 16 2012
Applicant: -Patricia & Philip Marco ®��®®�
Date Prepared:February 14,2012 APPEALS
1. For Demolition of Existing Building Areas
Please describe areas being removed: none
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension-deck addition (53' x 11.8' with stairs included)
Dimensions of new second floor-none- attic
Dimensions of floor above second level: none
Height(from finished ground to top of ridge):no change
Is basement or lowest floor area being constructed- n/a
If yes,please provide height(above ground)
measured from natural existing grade to first floor:
III. Proposed Construction Description(Alterations or Structural Changes)
(attach extra sheet if necessary) - construction of deck
Number of Floors and General Characteristics BEFORE Alterations: existing one story house
Number of Floors and Changes WITH Alterations: existing one story house with deck
IV. Calculations of building areas and lot coverage (from surveyor):
See attached calculations from Young& Young:
Existing: 1,541 sq.ft. or 2.7%
Proposed increase of building coverage: 1.3 % sq.ft.
Square footage of your lot: 56,052 sq.ft.
Percentage of coverage of your lot by building area: 4.0%
V. Purpose of New Construction Requested: variance for replacement of existing deck which
needed a variance
VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the
difficulty in meeting the code requirement(s): Jfront gradual slope
Please submit seven(7)photos, labeled to show all yard areas of proposed construction after
staking corners for new construction), or photos of existing building area to be altered with yard
view. 7/2002; 2/2005; 1/2007
r ,
RECEIVED
QUESTIONNAIRE FEB 1
FOR FILING WITH YOUR ZBA APPLICATION ����
A. Is the subject premises listed on the real estate market for sale?
H®ARE)OF APPEALS
Yes No
B. Are there any proposals to change or alter land contours?
�C No Yes please explain on attached sheet.
C. 1.)Are there areas that contain sand or wetland grasses? /it,
2.)Are those areas shown on the survey submitted with this application? AIIA
3.)Is the property bulk headed between the wetlands area and the upland building
area? N(,4
4.)If your property contains wetlands or pond areas,have you contacted the Office of
the Town trustees for its determination of jurisdiction? ,�-A- Please confirm status
of your inquiry or application with the Trustees:
and if issued, please attach copies of permit with conditions and approved survey.
D. Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea level? o
E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not
shown on the survey that you are submitting? A/'o Please show area of the
structures on a diagram if any exist or state none on the above line.
F. Do you have any construction taking place at this time concerning your premises? /ilia If
yes,please submit a copy of your buildinh permit and survey as approved by the Building
Department and please describe: l&, �,s c Z�- ' i yr ec/
G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject
premises. If any are lacking, please apply to the Building Department to either obtain them
or to obtain an Amended Notice of Disapproval.
H. Do you or any co-owner also own other land adjoining or close to this parcel?
If yes,please label the proximity of your lands on your survey.
I. Please list present use or operations conducted at this parcel
and the proposed use
(ex:existing single family,proposed:same with
garage,pool or other)
f O7 —/96—
A rtzed signature and Date
Stj. � 617.20
Appendix C
Sta nvironmental Quality Review REcEI ED
SHORT ENVIRONMENTAL ASSESSMENT FORM FEQ I G NIZ
For UNLISTED ACTIONS Only
B®A8t®OF APPEALS
PART I -PROJECT INFORMATION (To be completed by Applicant or Project sponsor
1. APPLICANT/SPONSOR 2. PROJECT NAME
3. PROJECT LOCATION: 4/4eejc. ta,^-2r
Municipality Jbt 010�L✓ County
4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map)
5. PROPOSED ACTION IS: 2Zc.--xi fx,
MNew Expansion Modifiicatkwafteration
6. DESCRIBE PROJECT BRIEFLY:
7. AMOUNT OF LAND AFFECTED:
Initially /'� acres Ultimately l�z'S� acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
Yes No If No,describe briefly J/
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
Residential ❑ Industrial 0 Commercial WAgriculture Park/Forest/Open Space Other
Describe:
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)name and permittapprovals:
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
Yes f No If Yes,list agency(s)name and permit/approvals:
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
Yes No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: c a- O Date:
Signature:
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with is assessment
OVER
1
UOm�m aLa
FEB 16 2012
OAR®OF APPEALS
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 61 7.4? If yes,coordinate the review process and use the FULL EAR
Yes No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration
may be superseded by another Involved agency.
Yes 0 No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,If legible)
C 1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal,potential
for erosion,drainage or flooding problems? Explain briefly:
C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly:
C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly:
C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly:
C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly:
C6. Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly:
C7. Other impacts(including changes in use of either quantity or type of energy? Explain briefly:
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA(CEA)?
Yes No If Yes,explain briefly:
E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
Yes No If Yes,explain briefly:
PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e)
geographic scope;and(0 magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient
detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the
determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
Check this box If you have Identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directyto the FULL EA
and/or prepare a positive declaration.
Check this box If you have determined,based on the information and analysis above and any supporting documentation,that the proposed action WILL NO
result in any significant adverse environmental impacts AND'provide,on attachments as necessary,the reasons supporting this determination.
Y
Name of Lead Agency Date
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer)
RK IVED
APPLICANT/AGENT/REPRESENTATIVE FEB 2012
TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The pu_Mosd 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: / a742Gr m�l�CO 9 / �2L� �ci
(Last name,first name,_i;niddl6 initial,unl ss you are applyin in the name of
someone else or other entity,such as a company.If so,indicate.the other
person's or company's name.)
NAME OF APPLICATION: (Check all that apply.)
Tax grievance � Building
Variance Trustee
Change of Zone Coastal Erosion
Approval of plat Mooring
Exemption from plat or official map Planning
Other
(If"Other',name the activity.)
Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship.with any officer or employee
of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business,
including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation
in which the town officer or employee owns more than 5%of the shares.
YES NO K —
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 the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check
the appropriate line A)through D)and/or describe 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 tyis day of r 20fd'y.
Signatur
Print me fy a o
Form TS 1 c a
6�
I
RECEIVED
AGRICULTURAL DATA STATEMENT FEB 16 2012
ZONING BOARD OF APPEALS BARD OF APPEALS
TOWN OF SOUTHOLD
WHEN TO USE THIS FORM. The form must be completed by the applicant for any special use permit,site
plan approval, use variance, or subdivision approval on property within an agricultural district OR within
500 feet of a farm operation located in agricultural district.All applications requiring an agricultural data
statement must be referred to the Suffolk County Department of Planning in accordance with sections 239-
m and 239-n of the General eral Municipal Law.
1)Name of Applicant: (� Q,t t,I �(} p L l7° �--1(�2 c t7
2)Address of Applicant: 3 1 1i za 0-,C�iC._ LA k Q—(- )&-3 L t 0
3)Name of Land Owner(if other than applicant)
4)Address of Land Owner:
5)Description of Proposed Project:_CQMZp
6)Location of Property(road and tax map number): p _,q t-
7)Is the parcel within an agriculturraldistrict?4No ❑Yes If yes,Agricultural District Number
8)Is this parcel actively farmed? L)T/o El Yes
9) Name and address of any owner(s) of land within the agricultural district containing active farm
operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through
the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall
locations by viewing the parcel numbers on the Town of Southold Real Property Tax System.
Name and Address
1.
2.
3.
4.
5.
6.
(Please use back side of page if more than six property owners are identified.)
The lot numbers may be obtained,-in advance,when requested from the Office of the Planning Board at 765-
1938_or-the-Zori' g Board of Appeals at 765-1809.
02 / ZO/-Z---
Signature of Applicant Date
Note:
1.The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action
on their farm operation.Solicitation will be made by supplying a copy of this statement.
2.Comments returned to the local board will be taken into consideration as part of the overall review of this application.
3.The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners
identified above.The cost for mailing shall be paid by the applicant at the time the application is submitted for review.Failure to pay at
such time means the application is not complete and cannot be acted upon by the board.
1-14-09
InECEaVED
LWRP CONSISTENCY ASSESSMENT FORM FEB 16 2012
BOARD OF APPEALS
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# 1000-98-01-5.4 OWNER: Patricia & Philip Marco
AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971
The Application has been submitted to (check appropriate response):
Town Board Planning Dept._Building Dept. Board of Trustees
Zoning Board of Appeals X (variance which is exempt from LWRP)
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 Variance
RECEIVED
FEB 16 2012
Nature and extent of action: proposed deck to existing dwelling
Location of action:4380 Indian Neck Road, Southold BOARD OF APPEALS
Site acreage: 56,052 sq.ft. Parcel but the house is located 167.8 feet from the front
yard, therefore the proposed deck is 45.2 feet from the rear yard lot line
Present land use: existing house
Present zoning classification: AC
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:Patricia & Philip Marco
(b)Mailing address:37 Riverside Drive,NY 10023
(c) Telephone number: Area Code(631 ) 765-4330 (Pat Moore)
(d) Application number, if any:)
Will the action be directly undertaken, require funding, or approval by a
state or federal agency?
Yes X 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.
X Yes No Not Applicable
The existing house and open yard enhances the pastoral area of Indian Neck Road,Peconic
which is surrounded by griculture and agricultural preservation (Marco/Indian Neck
Holding)
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 X Not Applicable
land is not identified as area of Archeological Sensitivity or on the National Register on
Map produced byNYS Dept. Of State,Division of Coastal Resources
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
X Yes No Not Applicable
Lands adjacent to agriculture protected for both visual and economically productive
FEB 2012
resource.
BOAR®OF APPEALS
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 X
No effect on flooding or erosion. In agricultural area
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 X Not Applicable
Deck does not affect water resources
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 X
Does not affect coastal fish
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 X Not Applicable
Air quality will not be affected by residential use. Standard building codes compliance
prohibit degradation of air quality or emissions. .
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.
X Yes No Not Applicable
Solid waste is controlled through town-wide recycling,no hazardous substances proposed
at site.
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 XNo Not Applicable
The parcel is private ownership
WORKING COAST POLICIES
6-2-
RECEIVED
FEB
Policy 10. Protect Southold's water-dependent uses and promote siting of newwMDdW9U*ALS
uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation
criteria.
Yes No X Not Applicable
Residential use of property on establish lot will
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 X
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III-Policies;
Pages 62 through 65 for evaluation criteria.
X Yes No Not Applicable
Indian Neck Road is both residential development and agriculture.
Policy 13. Promote appropriate use and development of energy and mineral resources. See
LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria.
Yes No X Not Applicable
Single family residential home is deemed by the Town of Southold as an appropriate
permitted use with no significant drain on existing energy and mineral resources
*copy of Town form created on 5/25/05
5-55�2,
PATRICIA C. MOORE RKERVE®
Attorney at Law FEB 16 2012
51020 Main Road
Southold,New York 11971 BOARD OF APPEALS
Tel: (631) 765-4330
Fax: (631) 765-4643
February 16, 2012
Attn: Vicki
Zoning Board of Appeals
Town of Southold
Main Road
Southold NY 11971
hand delivered
RE: MARCO; 4380 INDIAN NECK ROAD, PECONIC; SCTM: 1000-98-11-5.4
Dear Chairman Weisman and Board members:
With reference to above, enclosed please find an original and 8 sets
of the following:
1. Notice of Disapproval dated February 13, 2012
2. Application
3. Project Description
4. Questionnaire, C.0' s.
5. AG Data form
6. Short EAF form
7. Owner' s consent
8. Transactional Disclosure for all
9. LWRP form (one copy)
10. Photos
11. Survey
12 . Building plans
13. Town property Card
14. My clients check representing the filing fee of $500. 00
Please place this matter on your next available calendar.
Thank you and please do not hesitate to call should you have any
questions.
Very truly yours,
Patricia C. Moore
encls.
C: Mr. & Mrs. Philip Marco
02/15/2012 15:41 6317270144 YOUNG YOUNG PAGE 62
[RECEIVED
YOUNG &YOUNG (v 52 T.elephome (631) 727-2303
400 Ostrander Avenue FEB i 6 2012 Facsimile (637) 727-0,,744
Riverhead, New York -11907 admin@youngengimeeii.ng.com
BOARD OF APPEALS
HOWARD W. YOUNG,Land Surveyor
THOMAS C. WOL PERT,Professional Engineer
D O UGLAS ADAMS,Pro ssional En 'neer
ROBERTC. TAST,Architect
February 15, 2012
PATRICIA MARCO
Indian Neck Road
at Peconic, Town of Southold
Suffolk County, New York
SCTM No.: 1000-98-1-5.4
xistinLot-C-overame
Frame house 1,541 sq. ft. - 2.7%
Wood deck 709 sq. ft. - 1.3%
Total 21250 sq, ft. = 4.0%
NEB
45$9. f
���0�,4tSOsv�
Howard W. Young
L.S. No.045893n
P1a1:71ing Engineering
Land Surveying
FORM No.4 1RECEIVED
TOWN OF SOUTHOLD FEB 1 6 2012
BUILDING DEPARTMENT
Office of the Building Inspector BOARD OF APPEALS
Town Hall
Southold,N.Y.
Certificate Of Occupancy
No. . .Z13495. . . . . . . . Date . . . . . .June .•. . . . . . . . . . . . . . . . . . 110.
THIS CERTIFIES that the building . . . , , , NBw, Dwelling . . . . . . . . . . . . . . . . . . . .
Location of Property 4170 Indian .Neck .Lane ., Peconic
House lNo. Street *Ham%i
County Tax Map No. 1000 Section . . 99 . . . . . .Block . . . 01. . . . . . . . . ,Lot . . . 0 0 5 , , , . . . . . . .
Subdivision . . . . . X . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . .
conforms substantially to the Application for Building Permit heretofore filed in this office dated
15. , , . , , , , 19 .S?pursuant to which Building Permit No. . . .1.2633.Z . , . . , . . . .
dated . . . . . .Sept; . ??. . . . . . . . . . . . . 19 A 3,was issued,and conforms to all of the requirements
of the applicable provisions of the law.The occupancy for which this certificate is issued is . .. . . . . . .
New Private, One Family, Dwelling. . . . . . . . . . . . . . . . . . . . . . . . . .. . . .
The certificate is issued to . . . . . . . . . . . . . . . . . .WIP NECK ?ARM. XNC; , , , , , . . . . , . , . . ,
downer,-lessee-or-t�efiani)
of the aforesaid building.
Suffolk County Department of Health Approval .1... . . . . . . . 12'S0—A0 . . . . . . . . . . . . . .
UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . N673083 , , , . , , , . , , , . . . _ . . , . , , . .
. . . . . . . . . . .BuildingrInspector . . .
Rev.1/81
f;'•�rY< h 9/13/2011
gUFFOt�c'.::V, Town of Sout Annex
54375 Main Road
Southold New York 11971
t o � Southold, RECEIVED
FEB 16 2012
:v..:rrtri d.
0"RD OF
PEALS
CERTIFICATE OF OCCUPANCY
No: 35211 Date: 9/13/2011
THIS CERTIFIES that the building ADDITION/ALTERATION
Location of Property: 4380 Indian Neck Ln, Peconic,
SCTM#: 473889 See/Block/Lot: 98.4-5.4
Subdivision: Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore filed in this officed dated
7/5/2011 pursuant to which Building Permit No. 36564 dated 7/18/2011
was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for
which this certificate is issued is:
window replacement, mudroom and deck addition to an existing one family dwelling as applied for
The certificate is issued to Marco,Philip&Marco,Patricia
(OWNER)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL
ELECTRICAL CERTIFICATE NO. 36564 9/2/11
PLUMBERS CERTIFICATION DATED
t rized i6atu e
gtECEEVE® O�
FEB 2 %012
BARD OF APPEALS
Patricia Marco
February 2, 2012
Patricia C. Moore,Esq.
51020 Main Road
Southold,NY 11971
Dear Ms.Moore:
I,Patricia Marco as owner,hereby authorize you to make any and all applications to the
Zoning Board of Appeals of the Town of Southold, and any other necessary agencies on my
behalf regarding property located at 4380 Indian Neck Lane,Peconic,New York(sctm: 1000-98-
1-5.4)
yo
G�
atrt Marco
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PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold,New York 11971 �[8
Tel: (631) 765-4330 �����®f
Fax: (631) 765-4643
February 17, 2012
Attn: Vicki
Zoning Board of Appeals
Town of Southold
Main Road
Southold, NY 11971
hand delivered
RE: MARCO; 4380 INDIAN NECK ROAD, PECONIC; SCTM: 1000-98-11-5.4
Dear Chairman Weisman and Board members:
With reference to above, enclosed please find an original and 8 sets
of the following:
1. Owner' s signed Authorization
2. Three photos taken on the subject property showing the property
to the south which is about 20-30 acres of paddocks for polo
ponies
Please place this matter on your next available calendar.
Thank you and please do not hesitate to call should you have any
questions.
Very truly yours,
Patricia C. Moore
PCM/mr
Encls.
Cc: Mr. & Mrs. Philip Marco
G -
ELIZABETH A.NEVILLE,MMC �� y Town Hall,53095 Main Road
TOWN CLERK p P.O.Box 1179
y Z Southold,New York 11971
REGISTRAR OF VITAL STATISTICS O Fax(631)765-6145
MARRIAGE OFFICER O! �aQ`' Telephone(631)765-1800
RECORDS OF MANAGEMENT OFFICER JW southoldtown.northfork.net
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville
DATED: February 17, 2012
RE: Zoning Appeal No. 6552
Transmitted herewith is Zoning Appeals No. 6552 of Patricia C. Moore for Philip & Patricia
Marco-the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the
Applicant's Project Description, Questionnaire, Short Environmental Assessment Form,
Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment
Form, Cover Letter from Patricia C. Moore Dated February 16, 2012, Copy of Notice of
Disapproval from Building Department Dated February 13, 2012, Letter from Young&Young
Listing Existing Lot Coverage Percentage Dated February 15, 2012, Copy of Certificate of
Occupancy No. Z13495 for New Private One Family Dwelling Dated June 4, 1985, Copy of
Certificate of Occupancy No. 35211 for Addition/Alteration Dated September 13, 2011, Copy of
Authorization Letter from Patricia Marco to Patricia C. Moore to Represent Them in this Matter
Dated February 2, 2012, Three Pages of Photos, Copy of Property Record Card (Both Sides),
Copy of Survey Showing Property as it Exists Dated January 17, 2012 Prepared by Young&
Young, Four Pages of Plans Showing Sections, Floor Plans and Elevations.
Town of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 02/16/12 Receipt#: 126157
Transaction(s): Reference Subtotal
1 1 ZBA Application Fees 6552 $500.00
Check#: 2371 Total Paid: $500.00
Name: Marco, Philip& Patricia
Indian Neck Lane
P O Box 383
Peconic, NY 11958
Clerk ID: CAROLH Internal ID:6552
BOARD MEMBERS *FjF SU(/r Southold Town Hall
Leslie Kanes Weisman,Chairperson ��� OHO 53095 Main Road•P.O.Box 1179
Southold,NY 11971-0959
James Dinizio,Jr. Office Location:
Gerard P. Goehringer G • Q Town Annex/First Floor,Capital One Bank
George Horning 'O 54375 Main Road(at Youngs Avenue)
Ken Schneider WWI Southold,NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel.(631)765-1809 •Fax(631)765-9064
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, APRIL 5, 2012
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code
Chapter 280 (Zoning), 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 5, 2012:
1:50 P.M. - PHILIP MARCO - #6562 - Request for Variance from Article XXIII Section 280-
124 and the Building Inspector's February 13, 2012 Notice of Disapproval based on an
application for building permit for "as built" deck addition to existing single family
dwelling: 1) less than the code required minimum rear yard setback of 60 feet; located at:
4380 Indian Neck Road Peconic, NY. SCTM#-1000-98-1-5.4
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 contact our office at (631) 765-1809, or by email:
Vicki.TothO-Town.Southold.ny.us .
Dated: March 5, 2012 ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIRPERSON
By: Vicki Toth
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-0959
RECEIVED
�v #10597
STATE OF NEW YORK) BOARD OF APPEALS
SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1 week(s), successively, commencing on the
22nd day of March, 2012.
Principal Clerk
Sworn to before me this (- 0 day of� 012.
CHRISTINA VOIINSKI
NOTARY PUi3UC,STATE OF NEW YORiC
NO, 011 YO61 p o 12:00 P.M. - JUSTIN SWARTZ and
DU€11t)(:?^I It1 Stllf.Alk-t JOANNA WEINER-#6549-Request for
111y, 4Ghtittl S;Cfi UPI(*a Fq,.• Variance from Article XXIII Section 280-
124 and the Building Inspector's Decem-
LEGAL NOTICE ber 20,2011 Notice of Disapproval based
SOUTHOLD TOWN ZONING family dwelling at:1)more than the code on an application.for building permit to
BOARD OF APPEALS permitted maximum lot.coverage�f 20%, construct additions/alterations and deck
THURSDAY APRIL 5,2012 'located at:4205 Breakwater Road(corner addition to existing single family.dwelling:
PUBLIC HGARINGS. East Road)Mattituck,NY SCIM#1000- 1) less than the code.required minimum 23t1 P.M. _ IUMOGENOR POINh
NOTICE IS HEREBY.GIVEN,.pur- 106-3-6 rear yard setback of 50 feet;located at:275 INC.(BINGHAM)-#6550-Request for
suant to Section 267 of the Town Law and 11:00 A.M.-GLYN and MICHELLE Back Lane(aka Private Road'#5)Orient, Variances from Article..XXIII Code Sec-
Town Code Chapter 280(Zoning);Town WEIR - #6546 _ Request-for Variance NY.SLIM#1000-17-4-26&11.1 tion 280-123 and Article XXII Section
of Southold;the following public.hearings from'Article XXIII Section 280-124 and 1:30 P.M. - THOMAS and IRENE 280 116 and the Building Inspector's Jana-
will be'held by the;SOUTHOLD TOWN the Building Inspector's December 7,7011 KALOGERAS:= #6554 - Request for ary 19,2012 Notice of-Disapproval based..
ZONING'BOARD OFAPPEALS at the Notice of Disapproval based on.an appli- Variance frOm,Article XXIII Section 280- on an application for building permit for:
Town Hall, ld N Main:Road,PO:Box cation for building permit to construct adz 124 and the Building Inspector's Febru demolition and construction of a new i
1179,Southold;New York 12::- 59,on ditions%alterations to existing single.family. ary 15,2012 Notice of Disapgrova4based single family dwelling at;1)a nonconform-
THURSDAY APRIL 5 2012
dwelling•.1) less than the code required on an application for building permit•to
10.00 A.M.-KENNETH SEIFERTH minimum rear yard setback'.of 50 feet;lo- construct alterations and"as built"deck ing building containing a nonconforming
#6551-Request'for'Vanance from origi- sated at 5200 Mill Road(aka 5550 West addi�ion to existing single family dwelling: use shall not be enlarged,reconstructed,
nal ZBA Grant#6504-and.ihe Building Mill Road,Cox' Road) Mattituck, 1)less than the code required itiinimum structurally:altered orlmoved,utiless such'
Inspector's February.7,2012`Notice of NY.SLIM#1000-106-6-7 side yard setback of 15 feet;located at: building is changed to'a conforming use,
Disapproval;based on.amended:plans for 1120 A.M.-GLENN HEIDTMANN. 700 Sound.Beach Drive.(on E ong.Island 2) less than the code required bulkhead
the accessory garage at;;l).the demolition JR 465a-Request for Variance from Sound).Mattituck,NY SLIM#1000-99-1- setback of 75 feet,located at 50.Jackson
and reconstruction area deviation of the �1,rticle}XIII Secho .280124 and. the 10.1 '
Street New Suffolk,NY.SCT14I k(00-116-
original ZBA graritallowing additions.and Building inspector's January 30 2012 No, L-50 P-M. PHILIP MA 'CO #6552- 6-24.1
alterations located at.2000 Nassau Point ttce of Disapproval bas�qq an app4ca- Request for Variance'froui'Article=II The Board of Appeals will hear all per-
Road (adj..to Broadwaters Cove) Cu tiott fpr buddutgperintt ok as built'c)ecd'I Section 280-124.and the Building Inspec- ,• .sons or their representatives desiring to be
tchefgtte;NY.SCTM#1000=16440-11:1. bot tkib�adtlihon tp`.g s . stfjg(e fatrd* . tor's February 13,2012 Notice'of Disap- heard at each•hearing;and/or desiring fo
1B20 A.1tiI.'-OLIO ER and GI ORIA dwellm ,1� less,than the code ae{lutred.: proval based on an application for build- submit written statements before the.con-
SELIGMAN-1f6555 Request for Vari- r arryard setbaplc cif SUfeef ii ing permit for"as built'deck addition to clusion of'each hearing.Each hearing will
ante.from Article III Section 280.15 and sated at LLC Afbacore Diivo Greertpork' existing;single family dwelling:1)less than -not start earlier than designated above.
the Building Inspector s February_8,2012 NY S #1000 57 1 21 ! the code_r uued. minimum rear
Notice of Disa royal based on art a li- M yard Files are available for review during regu-
Pp pp 1140 A M DE A1tT OF NATI3IZE..' setback of 66 feet;located at 4380'Indlan lar business.hours and:prior to.the day of
cation for building permit.to,construct an LLC 6541 r 13equhs oX Variafrces.from Neck Road Peconic,NY.SCIM#-1000=98. the hearing:If you have questions,please
accessory two car garage and an ul-ground Arttele TII Code ,Secfidns:>28013 A(2) 1-5.4 contdbf our office at,(631)765-1809,or by
swimming pool at 1)location other than b on2napphcationfor 1.adangpemvt 2.10 R ft - WILLIAM TOIVYES _ email:Vicki:Toth@Town.Southold.ny.us.
the code required rear yard,located at and the $". ' Inspector's December #6553-Request for Variance from Article Dated:March G,2012
385 North Cross Road (comer Holden 29,20I Nottce of. .a. royal concerning III Section 280-15 and Article XXIII Sec- ZONING BOARD OF APPEALS
Avenue)-Cutchogue; .NY. SCrM#1000- pro posed.additrons/alterat-bns to existing tion 280-124 and the Building:Inspector's LESLIE KANES WEISMAN,CHAIR-
103-13-29 greenhouse structure attd new office trail- December 28,2011 Noope.of Disapproval PERSON
10.40 A.M. DAVID I THORN- ere at;1. less than,the cgde re u"d front based on an a licati.n.for buildin
TON and JANET E.DAVIDSON#5543 ) q Pp• 4 gtle4tnit.� BY Vicki Toth
yard setback of;60 feet;2)less than the for an accessory garage at:1)location other' 54375 Main Road(Office Location)
Request for Variance from Article code required'minurium,side yard setback than the code required rearyard,2)lot coJ_ 53095 Main Road(Mailing/USPS)
XXLiI Section 280-124 and the Building. of 20 feet;3)more than the code permitted ` erage more than the code permitted 20%a P.O.Box 1179
Inspector's January 18, 2012 Notice`of maximum lot coverage of20%,located at: maximum,located at 75 8th Street (cor- Southold,NY 119710959
Disapproval based on an application for 23423 Middle Road (CR48) Cutchogue, I ner of Front Street)(aka 717 Front.Stkeet) IO5.97-IT 3/22
building permit for additions-to a single NY.SCIM#1000-84-1-10.4. i GreenpoMNY.SCTM#10n0-0R-1-R I
-ONING 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.northfoi•k.net
March . 5, 2012
Re: Town Code Chapter 55 —Public Notices for Thursday, April 5, 2012
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 Suffolk Times.
1) Before March 19th:
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
Southold Town Assessors' Office, 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 26th: Please either mail or deliver to our office your Affidavit of
Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the
green/white receipts postmarked by the Post Office. When the green signature cards are
returned to you later by the Post Office, please mail or deliver them to us before the scheduled
hearing. If any envelope is returned "undeliverable", please advise this office as soon as
possible. 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 28th: Please make arrangements to place the enclosed Poster on a
signboard'such as cardboard, plywood or other material, posting it at the subject property seven
(7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign
until Public Hearing) Securely place the sign on your property facing the street, not 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 supplied for posting on both front yards. Please deliver or mail your
Affidavit of Posting for receipt by our office before April 3, 2012.
If you are,not able to meet the deadlines stated in this letter, please contact us promptly. Thank
you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS).
Very truly yours,
Zoning Appeals Board and Staff
Ends.
NOTICE Or HEARING
The following. application will be heard by the Southold Town
- Board of Appeals at Town Hall, 53095 Main Road, Southold:
FAME : MARCO , P . P . # 6552
.-%& CTM #
1 000 - 98 . - 1 - 5 . 4
JARIANCE:
SETBACK
F-EQUESTmE
AS BUILT DECK E ATE : THURS . , APRIL 5 , 2012 1050 PM
If you are interested in this project, you may review the file(s) prior to the
hearing during normal business days between 8 AM and 3 PM. ZONING
BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809
O'SHEA, MARCINCUK & BRUYN, LLP
ATTORNEYS AT LAW /
JAMES M.O,SHEA 250 NORTH SEA ROAD
ROBERTE. MARCINCUK SOUTHAMPTON, NEWYORK 11968 �� ���®
WAYNE D.BRUYN*
TELEPHONE (631) 283-7007 n
'ALSO ADMITTED IN CONNECTICUT �`I P R 0 LS 2 012
FACSIMILE(631) 287-9480
BOAR®OF APPEALS
April 4, 2012
Patricia C. Moore,Esq.
51020 Main Road
Southold,New York 11971
Re: ZBA Application for Phillip&Patricia Marco
Premises: 4380 Indian Neck Lane,Peconic
SCTM: 1000-098-1-5.4
Dear Pat:
As per our conversation this date,please be advised that our,firm represents the
interests of 4170 Indian Neck Holdings,LLC,the owner of certain real property located
at 4170 Indian Neck Road, Southold, SCTM No. 1000-098-1-27.1. We are in receipt of
your letter, dated March 19,2012, which enclosed a Notice of Public Hearing for a
variance to legalize the as-built deck at the rear of the dwelling located at 4830.Indian
Neck Road. My clients' property adjoins the property of Mr. &Mrs. Marco that is the
subject of the application.
As the deck has existed in its current location for several years, my clients have
no objections to the granting of a variance to legalize the deck as proposed in the instant
application. My clients,however; would have concerns if the owners decided to expand
the building area of the house over the non-conforming deck in the future.
Should you Dave any questions, please do not hesitate to contact me.
Very truly yours,
O'SHEA,MARCINCUK&BRUYN, LLP
By.
W
Wayne D. yn
cc: 4170 Indian Neck Holdings; LLC
Southold Town Zoning Board of
Appeals
1
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
--------------------------------------------------------------------X �5
In the Matter of the Application of
AFFIDAVIT
PHILIP & PATRICIA MARCO
OF
MAILING
(Name of Applicant)
CTM Parcel #1000-98-1-5.4
--------------------------------------------------------------------X
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose
and say that:
On the l G day of March , 2012, I personally mailed at the United States
.Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes
addressed to current owners shown on the current assessment roll verified from the
official records on file with the ( X ) Assessors, or ( ) County Real Property Office
for every property which abuts and is across a public or private street,
or vehicular right-of-way of record, surrounding the applicant's property.
( ignature)
ETSY PER IN
Sworn to before me this TH
day of March, 2012
(Notary Public)
MARGARET C. RUTKOWSIO
Notary Public,State of New York
No. 4982528
Qualified in Suffolk County Q
Commission Expires June 3, d
MARCO
NEIGHBOR LIST
SCTM: 1000-98-1-5.4 ��Z
INDIAN NECK HOLDINGS
C/O OSHEA, MARCINCUK&BRUYN
250 NORTH SEA ROAD
SOUTHAMPTON NY 11968
SCTM: 1000-98-1-27.1
CAROL&LAURA SWEDLOW
ATTN: ARONSOAS
135 W. 17TH STREET
NEW YORK NY 10011
SCTM: 1000-98-2-2.1
PHILIP &PATRICIA MARCO
37 RIVERSIDE DRIVE
NEW YORK NY 10023
SCTM: 1000-98-1-1.3
RECEIPT RECEIPT
i RECEIPT 7192 6463 3110 0001 0927 7192 6463 3110 0001 0934
I 7192 6463 3110 0001 0910 FROM:
FROM: Moore Law Office
FROM: Moore Law Office
RE:Marco ZBA hearing
� Moore Law Office RE:Marco ZBA hearing
RE:Marco ZBA hearing
i
,I�i SEND TO: SEND TO: SEND TO:
�. • IIAMARCO
I CAROL&LWMWEDLOW (37VERSIDE DRIV
INDIAN NECK HOLDINGS ATTN: RONSOAS1 YORK NY ITZI
i C/O OSHEi,M�iRCI CUK&BRUY 135 ,.17TH STREET o
25 �JORTH SE C/�y �O
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TOTA��� ,$•, POSTMARK OR DATE POSTMARK OR DATE
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SOUTHAMPTON NY 11968
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D•Addressee's Address(aDl runtF o AddmssUsedbySende j CAROL `& L A U R A S W E D L O W
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37 RIVERSIDE DRIVE
NEW YORK NY 10023
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.......................................................
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................
}3tate•• ;•ZIPi+4Coda ,
i
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. . t4i
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
---------------------------------------------------------------x
In the Matter of the Application of AFFIDAVIT
OF
PHILIP & PATRICIA MARCO SIGN POSTING
Regarding Posting of Sign Upon
Applicant's Land Identified as
1000-98-1-5.4
------------------------------------------------------------- -x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, PATRICIA MARCO, residing at3'� if-[Vet s.0, 0/c, Ni`w 604�c ti� z.j,
being duly sworn, depose and say that:
On the ay of March, 2012, 1 personally placed the Town's official Poster, with
the date of hearing and nature of the application noted thereon, securely upon the
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
hereby confirm that the Poster has remained in place for sev ays ' to
the date of the subject hearing date, which hearing date was s n t rsday,
APRIL 5. 2012.
i
SwQ.rn to before me this
!-� day of April, 2012
BETSY A.PERKINS
Notary Public, State of New York
Notary Publ' No.01 PE6130636
Qualified in Suffolk Co
Commission Expires duly
L23
*near the entrance or driveway entrance of the property, as the area most visible to
passersby.
BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman, Chairperson O�*rjf so�ryol 53095 Main Road-P.O.Box 1179
James Dinizio,Jr. 4 Southold,NY 11971-0959
Office Location:
Gerard P.Goehringer CA Town Annex/First Floor,Capital One Bank
George Horning • �OQ 54375 Main Road(at Youngs Avenue)
Ken Schneider Ol�'CO� Southold,NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel.(631)765-1809•Fax(631)765-9064
April 20, 2012
Patricia Moore, Esq
51020 Main Rd
Southold,NY 11971
RE: ZBA Application#6552, Marco
Dear Ms. Moore:
Transmitted for your records is a copy of the Board's April 19, 2012"Findings,
Deliberations and Determination, the original of which was filed with the Town Clerk
regarding the above application for variances.
Before commencing any construction activities, a building permit is necessary.
Please be sure to submit an application along with a copy of this determination to the
Building Department.
If you have any questions, please call the office.
Sincerely
Vicki Toth
Encl.
Cc: Building Dept.
w W
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