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HomeMy WebLinkAbout5743 3i Ia S 3 Z kJ- d i 2.• } •L.-„, c743 CZ.tc%n/ zct Perim RAI b'- /8- (-34- 1✓l CJ/c:rn.t( gyboc • Cu.^ • APPEALS BOARD MEMBERS oI sou 4;\ Southold Town Hall Ruth D. Oliva, Chairtioman izA 4 53095 Main Road • P.O. Box 1179 Gerard P. Goehringer '* # Southold. NY 11971-0959 Vincent Orlando �, 4) Office Location: James Dinizio.Jr. 4O Town Annex/First Floor. North Fork Bank Michael A. Simon 'IyCOU et, 54375 Main Road(at Youngs Avenue) iy Southold. NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED al TOWN OF SOUTHOLD f Tel. (631) 765-1809• Fax (631) 765-9064 c P `t 7 2005 aded GE. �Y1�IG�LG4' FINDINGS, DELIBERATIONS AND DETERMINATION outhold Town CIerk MEETING OF SEPTEMBER 1, 2005 ZB Ref. 5743- WILLIAM and BARBARA CLAYTON Property Location: 12832 Route 25, East Marion CTM 31-14-15 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 18,843 square foot parcel is improved with a single-family dwelling (one-story with loft) and detached frame shed, shown on the October 20, 2001 land survey prepared by Stanley J. Isaksen, Jr. BASIS OF APPLICATION: Building Department's amended June 27, 2005 Notice of Disapproval citing Sections 100-33 and 100-244 in its denial of an application for a building permit to construct proposed additions and alterations to the existing single-family dwelling and an accessory garage. The reasons stated in the Building Inspector's Notice of Disapproval are that the new additions and alterations to the dwelling will increase the degree of nonconformance when located at less than 35 feet from the rear lot line, and the accessory garage is not proposed in the code-required rear yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 18, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wish to construct additions for proposed alterations on the existing first and second floors of the dwelling, and to construct new second-floor extensions, as shown on the October 20, 2001 survey prepared by Stanley J. Isaksen, Jr., with notations added by Mark Kevin Schwartz, Architect. Also proposed is a two-car garage, replacing the 10.6 x 16.2 ft. frame shed building. The new garage is proposed with five ft. (minimum) setbacks from the north and west property lines. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2—September 1, 2005 • • ZB File No. 5743—William and Barbara Clayton CTM 31-14-15 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The original house dates back about 75 years and was expanded over the years by previous owners in its existing nonconforming location. The extension of the second floor"loft" style with roof lines 23'6", increasing to a maximum of 27'8" to the peak, will not change the building footprint of the low, gray-shingle bungalow that has existed and its purpose is for adequate closet space, a larger bathroom, and home office. The number of bedrooms, bathrooms and all other rooms remain unchanged. The new construction also includes repairs and recent replacement of the foundation for the dwelling, in place. The garage is a shelter for the owners' two cars and will be 'salt box design', measured 15.5 feet to the top of the ridge, that will replace a nonconforming shed at the property. The applicant has balanced his need for the new construction weighing the interest of the neighbors, continuing enjoyment of the same or similar vistas that exist. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The dimensions of the proposed design does not increase the existing footprint of the house, as well as planning more efficiency and utilization of interior space. The design is also sensitive to the existing westerly nonconforming setback by recessing half of the second-floor extension four feet to the east. 3. The variances granted are not substantial. The location as requested is mainly to replace the existing accessory shed and to allow storage and shelter for two vehicles. 4. The difficulty has been self-created since the lot is 18,843 sq. ft. and results in a building envelope that is irregular and limited to the center of the property. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the additions and alterations to the existing dwelling, and new accessory garage, 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 Simon, seconded by Vice- Chairman/Member Orlando, and duly carried, to GRANT the variances as applied for, as shown on the October 20, 2001 survey prepared by Stanley J. Isaksen, Jr., with notations added by Mark Kevin Schwartz, Architect, with the understanding that the new garage not be used for sleeping or living areas and remain as an accessory use for the owners. 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 Page 3—September 1, 2005 • ZB File No. 5743—William and arbara Clayton CTM 31-14-15 features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Ch lrwo an), Orlando, Dinizio, and Simon. (Member Goehringer was absent.) This Resolution was my dopd�(4- . Vince t Orlando, Vice Chairman 9/ty05 Approved for Filing • • opaQ.�is,P7/oL /e LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, AUGUST 18, 2005 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, August 18, 2005, at the time noted below (or as soon thereafter as possible): 1:00 p.m. WILLIAM AND BARBARA CLAYTON #5743. Request for Variances under Sections 100-33 and 100-244, based on the Building Department's Notice of Disapproval, amended June 27, 2005, concerning proposed additions with alterations to the existing dwelling with a rear yard setback at less than 35 feet, and new accessory garage building in an area other than the required rear yard, at 12832 Route 25, East Marion; CTM 31-14-15. The Board of Appeals will hear all persons, or their representatives, desiring to be heard 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. If you have questions, please do not hesitate to call (631) 765-1809. Dated: July 29, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski FORM NO. 3 NOTICE OF DISAPPkOVAL DATE: April 18, 2005 AMENDED: June 10, 2005 AMENDED: June 27, 2005 TO: Mark Schwartz A/C William Clayton PO Box 933 Cutchogue, NY 11935 Please take notice that your application dated April 18, 2005 For permit for additions and alterations to an existing single family dwelling and construction of an accessory garage at Location of property 12832 Route 25, East Marion County Tax Map No. 1000 - Section 31 Block 14 Lot 15 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 18,843 square foot lot, in the R-40 District, is not permitted pursuant to Article XXIV Section 100-242A 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 has a rear yard setback of+/- 1.4 feet. Following the proposed addition, the single-family dwelling 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 because Article XXIV, Section 100-244 states that such parcel require a minimum rear yard setback of 35 feet. In addition, the proposed accessory garage is not permitted pursuant to Article III, Section 100-33 which states "In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard..." The proposed accessory garage is noted as being located in the side yard. .40 This Notice of Disapproval was amended on June 10, 2005 and June 27, 2005 to correct errors. �^ / Damon Rdllis, Permit Examiner CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. For Mice Use Only Fee:$ Filed By:41111______Date Assigned/Assignment Nip Office Notes: • APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House No11$12. Street rata/^I R D Hamlet EAST M HRvo,J SCTM1000Sectional lanBlockIHseLot(s)m.060Lot Size IS,8'+13 Zone District R' ' C I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR IC F� /s Vol 941 DATED: 4p iL f8. 100S Aga AnffA746A .3 Valid' /0 /LedS - v a 41 GL,p/Or Owner as Applicant: tv: l(hi M.'f aastgaa C1/4Y70it) Mailing Address: 1183 . fflG/n) Rowe , FAST M AR/o.O. N7 I1 in Telephone: 63/- 4 ??-483? O Fax: (w2/ - `/ 719 - 9.0 :t NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc Authorized Representative: R1 /ek. L ARK Address: . Pox '$93 , C UTCVitt/ O$at _4 Y it cis Telephone: et-339- b.$OFax: 4.31` ?SAY-s r, Please specify who you wish correspondence to be mailed to,from the above listed names: • ❑Applicant/Owner(s) to Authorized Representative ❑Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 4ft IL ( $,(-SAC FOR: %Building Permit ❑Certificate of Occupancy 0 Pre-Certificate of Occupancy 0 Change of Use ❑ Permit for As-Built Construction 0 Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section,Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article }CSN Section 100-' ISM Subsection - V'd tit.VA. IOdr�— Type of Appeal. An Appeal is:naiad:.... 4,4/11.49 tt Id 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 Chas not been made with respect to this property UNDER Appeal No. Year • REASONS FOR APPEAL additional sheets may be used with applicant 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: r tr AfirStf AzvAcat to (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: pc MsE Ser Arffic o (3) The amount of relief requested is not substantial because: ptSAS e st Areal ge (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: pct&ASF sr ATtACN+° (5) Has the alleged difficulty been self-created? ( )Yes,or CONo. pc Flue Sr: AMBcniP 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 Ibis box( ) IFA USE VARIANCE IS BEING REQU AND PLEASE COMPI,EfE A ACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) vy.� LL �LLLLLLO Si attire of Appellant or Authorized Agent 10-11 ( t must submit written Authorization from Owner) Sworn to before me this • day of 3JNf 20 OS . Notary Public BARBARA DIACHIIf4 Notary Pubic,Siete of Nee�Y.o.l�k,I Ncr-Di25190-SuftolcComfy 0..I.,:sur,L,mires Oct 81,2005 ... • • • ADDENDUM TO • VARIANCE APPLICATION PART A - AREA VARIANCE REASONS PLEASE SEE FOLLOWING DISCUSSION FOR A FULLER AND DETAILED DISCUSSION OF REQUEST. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: because our home will continue to be a low, gray shingle bungalow, as it always has been; and one that is harmonious and consistent with our neighbors'homes, both in size and style. The extension of the 2nd floor will not obstruct water sightlines or light or air to our neighbors. The proposed garage will replace the nonconforming shed without any detriment to our neighbors'property. • (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: because we have explored several alternative solutions (including building the larger, new house as we originally considered in a different location on the property; and further recessing the extended rd floor which is the subject of this appeal). However, all alternative approaches either negatively impact the property; or require removal of the large, old evergreen tree; or hinder our neighbors' views of the water/ properly; or only minimally ameliorate compliance with setback considerations; and would still require a variance approval of setbacks from property lines or location of the proposed garage in a side yard area. (3) The amount of relief is not substantial because: because our home already has a partial second floor of 395 s.f., • our request to extend it 1,143 s.f. in the same 'loft"style is not • • page 2 • substantial. Them will be no increase in the number of bathrooms, bedrooms or other rooms (except for a home office). Nor does it further impede any neighbors' views of the water, light or air. The proposed garage is a small saltbox design (24'x 26'x 15.5' to the ridge)that replaces the nonconforming existing shed and also does not impede any neighbors' view of the water, light or air. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: because we are not expanding the footprint of the house, nor are we increasing the number of bathrooms or bedrooms. The extended second floor still results in a home that is consistent and lower than neighboring houses. Dry wells will be added to drain rain water(currently non-existent) and a 20'non-turf • barrier from the water will be added. (5) Has the variance been self-created? If not, is the construction existing, as built? Yes, the variance is "self-created'; but only in the sense that we have a desire to have a more efficient and useful home. The existing renovation work is necessary to preserve and protect our home going forward. In the course of doing so, however, we realized that it makes much more sense to simultaneously improve the efficiency and usefulness of the space through extension of the existing 2"d floor and replacement of the shed with a garage. 13 June,2005 0 �r' - a /oo o - 3 _ / - 1 : TOWN OF SOUTHOLD PROPERT CORD CARDAS OWNER min VILLAGE DIST. SUB. LOT YJit'IiG. . L lely/ ai\ .Cti 'iro. : . a vawur- . , e /. i l-kr *Ix;u /i/ 3 pest Ffp�RMER OrelER LL N E ACR. JG 2 c Ql -' #4 { y ? ,yc ' '. -/ta .rAadJF , . fJ '<c rr- ,1- viea7hcr/oki to" s w TYPE OF BUILDING 5-. G fog /. /3 At V. A/9,e %/ _ . RES. .5/o SEAS. VL. F• RM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS /1 / t) WD S .7L/ 7 J ? n n 1 (). () 5 3 0-0 yia/73 J/ lo ?L • 3 a o o a 3 0 u S S�-6 / +9/ / Oe ii /7 r ),), ,. 6 0 6 b /f/ 2- 3 0-o--0 3,20 02•fo0 s 6 0 sa3/7.s" ata1l , r 4612— pi4�( �7.,5 G 3) o D 2 O a (D o co I '5/4-14,7 .21.27' 73[b, fee i t frit 2- : y ''"'a C i , L C , (7S'G S'o, ,,p tab .130 0 ' G Co U ' 7/Vie 9n8(e2- „�\)( ',67.1-\ 4E Lo4%u Ti , :1r02.Lov:,o2s In.-4 zs► P7 52.14 3z o-0 1/? as / 1/ O'-v / 67// /7 '1w1:1 - 8Pto7a2 ��E- - c'onh, Ace, Shed (as 8k/'L- erIc/. er �� ,�c�45 6 ! 3500 / Y70O / gyCO / c 30/g�y j ' (s Po c& ci/'a/4' ss , ,c- o✓� 54_c' aeC.AC Adr-1,1, Oriw�/-�1 1.21124 -LII U , i ass -0ec rlci J l oi5 i ! A .r... #-' , ffia n,•r, 1 i? 2b O/-L / Z/52 Weiko °A PIo far iay ; A ?8c;'•(f,-:, / p t'Q —I -os (3? 3 fort 41(-5 -Qce cA6 a 1;•33`4LI-c-q' 36, me 3 Li so , Tillable FRONTAGE ON WATER NJ'/ 4 • i . - O 3 ) ' B Woodland I FRONTAGE ON ROAD ' Meadowland DEPTH c House Plot c BULKHEAD 0 S . Total i __1 r ..., COLOR Gly, �T ' TRIM w ) T c, l— lit SI 9 G�°L • 1 es. f e ,r44 ffir `tom 4U 1 t . it ar e I ., 1","' _ ,nAtPecL � _ Ss y t 1 36 M. Bldg. 2-X .21 r-6'? S 02/fiCi Exterui%ry 414,t : al , Extension /7;.- i 7a. 3 1/, 3 44 2 2 D is J�// Extension X '36 _. "Ira t Al ,r Foundation _ Bath / ,7y- Dinette Porch 114 t9, .' 45 Basement Floors � �, : ( K. QG ! G i _ '72— Ext. Walls Ye&T c4 I_ Interior Finish ��+ PA LR. Breezeway 64,zZ :if Z , �77 2s- I.t9./Fire Place / Heat �J�. ( �DR. Garage 6 yip t Z Type Roof Rooms 1st Floor ( - BR. Patio j N e Recreation Room Rooms 2nd Floor FIN. B O. B. P K 12- / G $ o 17i Dormer Driveway Total 19'0`3 iimarnm . _ _" YE G.xO.022 o .. FOR RfL NO. cy \ \\ SFE SEC.1p. \ ' ± 022-OJ-OIBB ` RECON:C LINO TRUST �� ,O�J / - ® \� N • "L' vu\c1 \ E `\ `'�P \ � } E '' • , / A . • \� �, \• .�w .\ v 6 M. p �n JI151 55 l.6gc� � \.u,ul•' ` \\Lodi \\2 • ' J \' 5 \ j , \ CS MAIN a n WnmNrN ., \ lrv� \ \,,,,„-. \ 422> 5.1 6a. 2.J1 B.i B. \ \ P. Il \ 9PIc�9sn¢, \ �� ,\ 9 9.z O. • s it%\\.\: A a. �{ s :l°'Cf C• .09.). � \• '\y \22d C » 1 - t,'4 \\ W la O' 4% TAB r AtunTbzi as e /.d, i. g g}\ B n 33 pd 1 TORN OF SOUTHOLD e • N 41, MARION LAKE 12 nt.isp szaI4!$ 19.8d(c: ' \ A (�E.J }1 9 , ., ,. , . , G*. /, , - . 6. a P f MARION ( < •2. S ��e INSERT d 9 - t „ya • Q SCALE r=v90 6.2mo TORN OF BWTW.O at� 4� BqL ! � \ h t0 �_ q�F �o\a 2 C1 4? 16 ,c 3 V F. 9 �."fid,V x 1 • �' ,� .5%M1. Ay x T 6 y y , 4J' Y wJ x RR"ERIES 06 TacTs, NONCE ne COUNTY OF SUFFOLK MUNTENANCE•ALTERMAN,SALE OP p6TR&IrILW"ANY PORTON OF TNF Red Property DISTR& „s rr ro CR 5 RRaI&rEIO E Tax Service 90ency `""" SOUiNOLD No SECTION NO nngPT RRTr � �i Comfy Canter Rlverheoq N Y 11901 REAL PROPERTY RERussgx Or DIE c� , � �(j 1 L9ETIT TAO SENNLE eOEyE�. '.4I a SGLF N FEES O�J 1 °CTRL!w 1000 PROPERTY MAP __ - CONVERSION CAIS w..11.9% F, b • v�•AP TEES INDICATED HERE ON SHALL RUN MAIN ROA 0. /�, y S , TO THE PERSON FOR WHOV THE SURVEY 25 .''ISL F'S PREPARED. AND ON HIS BEHALF TO THE TITLE COMPANY.. GOVERNMENTAL AGENCY. • 'ENDING INSTITUTION. IF LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. • GL'4RANTEES ARE NOT TRANSFERABLE To. .CO'T?ONAL INSI7 JTIONS OR SUBSEQUENT OWNERS JN4UTHORIZED ALTERATION OR ADDITION TO TNS .. Sti t'EY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STA7E EDUCATION LAW. 1 CE/LAND THIS •EYORS EMBOSSSED SEAL SHALL " N, NOT EE CONSIDERED TO BE A VALID TRUE G� COPY. V� la k • ` • �/ 1,... 7• 1 ` �,`� ;N/F MA/ORANA K 138.21 COS N ' . , E OVER 0.5' `' N 51. 16' U0 PPP°S�� -;i1 CM It jl, 2. _ ��� • GAI-A6E IILiG� 3 •- o.7 OVER 1.1 c- r 5 T 4' 4 JEr6Aue- IIIy N/F S/CA ,3.25' .POLE , '1 ...< -12. , NIN ... ... . . 157744 . .11x0 .ifiqN•ts, VI\..rgofo5E0 I .,AC W/RAp1N ARM 1A' 4.dx3o 41 ..Ropo3ED 1SF - W cr PION-/44AIJ}6LNfi4n10 NEW 2ND lefOR Io/1L5 �„ Jk2 Ft_0012 -QGI;K uvIHIAIIII' S61'00' OoW •-r:.• �. TOE- EXt577",6 t a •! Y Foorl"Ri'�7 1, NFr�� 0. Ex►STM/4 26.54, z. IBX �, i 4 IcwuNEY •QEA iK/ PKo ros,Eo ��y, c0 ;4i •�0i4`Va 1ST FL°OR /4LT6RATl°"s $- Z0 .. 44.v4 1•: •�Io :�w-6X I ST/-NG' 42 ' N ��,..• • N/F HUKILL + 1►t1o0 DEQ'• ZNO F[,ODR WITH to RECEI NI,Rit....,,A1 /R PI�aPo560 F Oef �A' THIS Sv. ve ff f•`S" ED limy 'L7 rioaS yy � JUL. WOOD DEO( ,� • 1 .c1 AC]rf2Ee7 ?b Q/Jl� 5 '005 o STEPS OP IS oPIS 1181 1/)• D�c/f'j� ice/ '. ,, I co•v Sp2acn�.. ZONING BOARD OF . `� . 110 --:::%-.., ,k 15 KEW SE n TD S ftD1.i"PIC PPEALS kV:3 'co �N ' MOOD DECK `� Pio Dos E o VEC1 07/13/oS HEA'p Z1.6� ' 13 •• • PILES A 1 But•K lli' 36. •QZ W/CROSSMEII/BERS g r l `T S SURVEYED 20 OCTOBER, 2001 • • SCALE 1+30' pII' • G •Pg AREA.. 18.84214SF OR 0.433 ACRES • SURVEY OF TM 1000-031-14-15 . 'DESCRIBED PROPERTY • SURVEYED 8Y SITUATE • EAST MARION, TOWN OF' SOUTHOLD STANLEY J. ISAKSEN, s1R. SUFFOLff COUNTY, N. Y. P•O. BOX 294 NEW S OLK, NY 11956 631- 34-5835 SURVEYED FOR I$LL/AM CLAYTON / /,� GUARANTEED TO 9ARBARA CLAYTON �wifi' �% ICENS % LAND , RVEYOR i WILLIAM CLAYTON NYS LIC. NO. 49273 • z BARABRA CLAYTON • FIdELITY NATIONAL TITLE INS. CO. 4 WELLS FARGO HOME MORTGAGE, INC, 01R1061 • • • • 4- li.., s \�\ 9 \\ - p -<s" . • a GUARANTEES INDICATED HERE ON SHALL RUN MAIN ROAD N. Y S. 25 ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY, - LENDING INSTITUTION, IF LISTED HEREON, AND • ' TO 77-IE ASSIGNEES OF THE LENDING INSTITUTION. GUARANTEES ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. ' I UNAUTHORIZED ALTERATION OR ADDITION TO 71-115 r SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW1. COPIES OF THIS SURVEY MAP NOT BEARING co THE LAND SURVEYORS EMBOSSED SEAL SHALL � Ij NOT BE CONSIDERED TO BE A VALID TRUE COPY Z IIW V N/F MAIORANA 138,27'.g N OVER 0.5' y N51 ° 16' 0 E zto PD 3. ' CM ' •' Rl a R. - e•-. / c„.. ;. HED a; i Z 6 ZO 0.2' • � OVER 1.1 A P. O 15 4' POLE o N/F S/CA ,3.25 30.7 (A\* 6 • 1 S TORY ^ WOOD DECK S's • o RES. 19 W/RAILING o M W ,, . W/LOFT 1\.,. 1.4' c 14.0 w III 0 ni 1 S61506' 00' W .. 3 " \vi 3.8' .0' ain 4 $CHIMNEY O o . I . n O N/F HUK/LL -WOOD DECK h.:' 2nd LEVEL O , (1) �I W/RAILING 00.° O WOOD DECK NEPA 0 STEPS BULK p P" 0 8.�' In CO w, '�imi WOOD DECK �p 0 z 1 6� ' 3 PILES B,�KN 6, o2 W/CROSSMEMBERS g di 3 o ,e o F� 5 SURVEYED 20 OCTOBER, 2001 0 1 "�0 7 SCALE 1"=30' — 1 `0\ 4..., 1 ' AREA= 18,843.214SF OR 0.433 ACRES SURVEY OF! TM 1000-031-14-15 DESCRIBED PROPERTY • SURVEYED BY SITUATE EAST MARION/, TOWN OF SOUTHOLD STANLEY J. ISAKSEN, JR. SUFFOL7COUNTY, N. Y. P.0. BOX 294 NEW S FFOLK, NY 11956 631— /34-5835 SURVEYED FOR WILLIAM CLAYTON - / /GUARANTEED TO 7ARBARA CLAYTON di// f/ KENS i LAND fRVEYOR WILLIAM CLAYTON NYS LIC. NO. 49273 g BARABRA CLAYTON g FIDELITY NATIONAL TITLE INS. CO. g WELLS FARGO HOME MORTGAGE, INC, O1R1061 a XI- Spon 6 Coiv Jo 1 770`u - MAIN y.......TEES INDICATED HERE ON SNAIL RUN ROAD- N Y S. 25 ,-'4i.•TO,hr PERSON FOR WHOM THE SURVEY •5 PRIPARED.AND ON HIS BEHALF 70 THE .Par COMPANY.GOVERNMENTAL AGENCY. _ - / :ENDt.G INSTITURO IF LISTED HEREON.AND • ' .// TD MME ASSIGNEES OF THE LENDING 75507 0015 1 i.L•47ANTEES ARE NOT TRANSFERABLE TO ` " 1{ aC.'MT.C+NAC lNSTIIURLWS OR SUBSEDUENT OWNERS /� ) SNNUTHORIZED ALIENATION OR ADDITION TO THIS 0 • lE '� . A SL'•7VEY IS A HOLATION OF SECTION 7209 OF - IVI'�7C]/— T.I5 NEW YORK STALE EDUCATION LAIN 1 :?'IES OF THIS SURVEY MAP NOT BEARING 7,-.E 0 7,-.E LAND SURVEYORS EMBOSSED SEAL SHALL f. h 407 RE CONS,OERED TO BE A VALID TRUE �,I N/F MAIORANA •'� gPJAA Du-5�4 t 138 271 O OVER as'' - N 51\,1 06, I/ r' '•-'0 Y . , P � ia ',l a• cl) ifof . 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NEW SW S F FLKFOLK, NY 11956 / ` - 631- 34-5835 / 4 SURVEYED FOR WILLIAM CLAYTON ,,,,11,...oF /, GUARANTEED TO BARBARA •CLAYTON AiiM�fir // 11 ICENS i LAND /'RVEYOR etle WILLIAM CLAYTON NYS LIC. NO. 4.273 BARABRA CLAYTON FIdEUTY NATIONAL 7771E INS. CO. WELLS FARCO_HOME MORTGAGE INC, 01R1061 • --a i �.��\ O / aa�* ` Q4 ` -..._ .il ',„ ,-'" ,/--- -' / 0 _______ ,„ II, Ii I 0 N'a 111111 1iiiiiiiiiiiiiiiiiqC, ON' 1 ,,I 1111171 11111111111111111 ,�ti 3 \ , i n ,. . —— ..... -I - - 2b�-I• ab-r � 65 �� / .J ' 40 --l )41-2' ('1 • no EXISTIN 6 NQ.t�`fH LEVATION 11 3c®1� PROPOSED SOUTH ELEVATION C Se \C ------'Y kW . ______1 „„, ‘.... SX) 111111 1� I einmaz 3) 13 E. 0 0 .., , .. as , �R� ., y I I I 29'-11• I LI I• il' PROPOSED NORTH ELEVATION EXISTING NORTH ELEVATION 1/UkK‘S1(5 4\ PROPOSED AND EX I ST I NS GOND I TI ONS SCALE. VB• = P-0• } '// APPEALS BOARD MEMBERS �0,40 SOUIy_ _ Southold Town Hall Ruth D. Oliva, Chairwoman ,, ,`O ,c 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer * • _ *; Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio, Jr. � COQ��� Town Annex/First Floor,North Fork Bank Michael A. Simon �;�I,YCO J i��� 54375 Main Road(at Youngs Avenue) -, ;,.��' Southold, NY 11971 ------ http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631) 765-9064 September 26, 2005 Richard F. Lark, Esq. Lark & Folts 28785 Main Road P.O. Box 973 Cutchogue, NY 11935 Re: ZBA Ref. No. 5743 —Variance Requests (Clayton 31-14-15) Dear Mr. Lark: Please find enclosed a copy of the variance determination rendered by the Board of Appeals at its September 1, 2005 Meeting. Please be sure to contact the Building Department (765-1802) regarding the next step in the building and zoning review process. You may want to furnish an extra copy of the enclosed determination to the Building Department at the time of submitting any other documents or amendments, if necessary, during the final review step. Thank you. Very truly yours, Linda Kowalski Enclosure Copy of Decision 9/26/05 to: Building Department Mr. and Mrs. William Clayton by fax 477-8577 C°51r. 2.►r RECEIVED JUN 2 0 2005 S711 ZONING BOARD OF APPEALS ZONING BOARD OF APPEALS VARIANCE REQUEST William & Barbara Clayton 12832Main Road (State RTE 25) East Marion, NY 11939 631 477 8370 so se ZONING BOARD OF APPEALS VARIANCE REQUESTS William & Barbara Clayton 12832 Main Road East Marion, NY 11939 631 477 8370 TABLE OF CONTENTS 1. COVER LETTER 2. NOTICE OF DISAPPROVAL 3. APPLICATION 4. PROJECT DESCRIPTION 5. APPROVAL -- N.Y.S.D.E.0 6. APPROVAL -- U.S. ARMY CORPS OF ENGINEERS 7. APPROVAL -- BOARD OF TRUSTEES-TOWN OF SOUTHOLD 8. LETTERS OF SUPPORT- NEIGHBORS 9. QUESTIONNAIRE 10. SHORT ENVIRONMENTAL FORM 11. AFFIDAVIT FORMS 12. AUTHORIZATION PROXY t3 SURVEY SHOWING EXISTING & PROPOSED STRUCTURES 14. DRAWINGS OF EXISTING & PROPOSED 2nd FLOOR & GARAGE 15. NOTES 13 June 05 O. CM June 14, 2005 Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 RE: William & Barbara Clayton Request for Zoning Variance Approval To Extend Partial 2nd Floor to a Full 2nd Floor And to Replace Existing Shed With a Garage at Our Home at 12832 Main Road, East Marion. Dear Ladies and Gentlemen of the Board: We are requesting variance approval to extend a partial second floor to a full second floor(without change to the building footprint), and to replace an existing shed with a two car garage. The original house dates back about 75 years and was expanded in about 1952, and in 1979, and also in 1994 by previous owners. The lot, itself was created as a small subdivision some 30 years ago (as best as we can determine). We purchased the house in 2001. The house does not comply with current town setback regulations; nor does it have a "back yard", per se, but only side yards, north and south of the existing house, and the front yard on the easterly side. The existing house setback is nonconforming with a 1.4' rear yard in back at the closest point. A 10' by 16' shed presently occupies the side yard in the northwest corner of the lot, which is partially on the property line. A full Discussion of the project, including rationale, constraints, history, Nand alternatives explored is provided in Section 4. In summary, though, please know that we live in this house year-round and it is our home. Our purpose in extending the second floor is to provide adequate closet space, a larger bathroom for ourselves, and a home office. The number of bedrooms, bathrooms and all other rooms remain unchanged. The garage is intended to shelter two cars from the weather. We have looked at other alternatives. But none have the same minimal impact on the property or the neighbors' water views or landscape as our proposal. SO 4140 Page 2 We have necessary approvals from the N.Y.S.D.E.C. and the Board of Trustees from the Town of Southold. And we have the support of all of our neighbors abutting our property. In view of the small existing setback to the west,we have consciously recessed to the east about half of the second floor extension 4' in order minimize the variance requested (all neighboring houses are at least 100' from our home). We have also setback the proposed garage 4' from the property lines to the north and west. Please know, pursuant to a building permit,we have begun renovating and "fixing" the existing house. The building permit is to repair and replace the foundation as necessary (work completed). We are deferring further repairs and updates pending the outcome of our zoning appeal. If our appeal is granted, we will incorporate the approvals in our plans immediately. If the appeal is denied,we will proceed only with repairs for the house, as is (though we hope we do not have to do this). We have retained Mr. Richard Lark, Attorney, to represent us in this matter and to work with us and the ZBA as we work through the various technical issues. ( ' We are available at any time to answer questions, provide additional clarification, or to discuss any aspect of our appeal at your convenience. We sincerely hope that you are able to view our request favorably based on the facts provided. Very truly yours, -;6;..44.3.--, /%/6 )<P-^ (3,s,_____ e-0-e---Z65'-g------. illiam & Barbara Clayton 12832 Main Road East Marion, NY 11939 631 477 8370 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: April 18, 2005 AMENDED: June 10, 2005 AMENDED: June 27, 2005 TO: Mark Schwartz A/C William Clayton PO Box 933 Cutchogue,NY 11935 et-r° Please take notice that your application dated April 18, 2005 For permit for additions and alterations to an existing single family dwelling and construction of an accessory garage at Location of property 12832 Route 25, East Marion County Tax Map No. 1000 - Section 31 Block 14 Lot 15 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 18,843 square foot lot, in the R-40 District, is not permitted pursuant to Article XXIV Section 100-242A 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 has a rear yard setback of+1- 1.4 feet. Following the proposed addition, the single-family dwelling 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 because Article XXIV, Section 100-244 states that such parcel require a minimum rear yard setback of 35 feet. In addition,the proposed accessory garage is not permitted pursuant to Article III, Section 100-33, which states, "In the Agricultural-Conservation District and Low-Density Residential R-80, R-120,R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard..." The proposed accessory garage is noted as being located in the side yard. This Notice of Disapproval was amended on June 10, 2005 and June 27, 2005 to correct errors. Damon Rallis Permit Examiner CC: file,Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: April 18, 2005 AMENDED: June 10,2005 TO: Mark Schwartz A/C William Clayton PO Box 933 Cutchogue,NY 11935 Please take notice that your application dated April 18, 2005 For permit for additions and alterations to an existing single family dwelling and construction of an accessory garage at Location of property 12832 Route 25,East Marion County Tax Map No. 1000- Section 31 Block 14 Lot 15 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 18,843 square foot lot,in the R-40 District,is not permitted pursuant to Article XXIV Section 1.00-242A 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 has a single side yard setback of+/- 1.4 feet. Following the proposed addition,the single-family dwelling 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 because Article XXIV, Section 100-244 states that such parcel require a minimum single side yard setback of 10 feet. In addition,the proposed accessory garage is not permitted pursuant to Article III, Section 100-33, which states, "In the Agricultural-Conservation District and Low-Density Residential R-80,R-120,R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard..." The proposed accessory garage is noted as being located in the side yard. This Notice of Disapproval was amended on June 10,2005 to correct errors. Damon °erm t Examiner CC: file,Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. r • PROJECT DESCRIPTION (Please include with Z.B.A.Application) Applicant(s): V�a ohm I. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions of�w . ,��• �- • - • •_- • 'din : Dimensions of first floor extension: /4 ear - Dimensions of second floor: i QstIE Dimensions of floor above second level: AMA ®8' I Height(from ground to top of ridge): B. Please give the dimensions and square footage of new construction over existing footprint or over 0 first floor or basement areas: Dimensions of first floor: 440.90if Dimensions of second floor: 441 115.° K Lib Dimensions of floor above second level: NO NI Height(from ground to top of ridge): II_ ► Square footage for first floor. NOM second floor: fed q, II. If land is vacant: Please give dimensions and overall lot coverage percentage and square footage of new construction for each floor: Dimensions of first floor: Dimensions of second floor: AI Is Dimensions of floor above second level: 1 Height(from ground to top of ridge): 4 A4 III. Purpose and use of new constructio requested in this application: T 4 k�' 00 It Hews R SI A''cO /he ores x-)tialfacc A 'TV R 6- Fvik. 41, fie, e_R gs o IV.. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): coo t®ea ® ® YAP ® L SSS #rh Uy LgV4 9461/Key Moe a. a soolg ALS ea? d/44 S P&P c ariglieski ea° y V. Please submit seven(7)photos,labeled to show area of proposed construction or existing yard areas for which variance relief is requested(after staking corners for new construction). Please note:Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department(765-1802) or Appeals Department (765-1809)ifyou are not sure. Thank you. 7/02;2/05 i f PROJECT DESCRIPTION®F 4 6e5 el ' =A c e_s (Please include with Z.B.A.Application) ikses) Applicant(s): 6W. fiktCA,Alrepell I. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions of new extensions beyond existing footprint of building: Dimensions of first floor extension:' , /4,4' 8C I e f Dimensions of second floor: 0041iie . Dimensions of floor above second level: 14i®44 e e ' Height(from ground to top of ridge): i S B. Please give the dimensions and square footage of new construction over existing footprint or over lallgatar basement areas: e - Dimensions of first floor: t X d eg Dimensions of second floor: ,I00efg� Dimensions of floor above second level: itmle 88 Height(from ground to top of ridge): lI PS e Square footage for first floor. 44 second floor: MOseif II. If land is vacant: Please give dimensions and overall lot coverage percentage and square footage of new construction for each floor: Dimensions of first floor: Dimensions of second floor: Dimensions of floor above second level: Height(from ground to top of ridge): , III. Purpose and use of new construction requested in this application: cto a� 4 IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): ® idcdom 0, ®S cornered teS V. Please submit seven(7)photos,labeled,to show area of proposed construction or existing yard areas for which variance relief is requested(after staking corners for new construction). Please note:Further changes, after submitting the above information, must be placed in writing and may require a new Notice,of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department(765-1802) or Appeals Department (765-1809)ifyou are not sure. Thank you 7/02;2/05 DISCUSSION VARIANCE REQUEST (EXTEND 2nd FLOOR & ADD GARAGE) AT 12832 MAIN ROAD, EAST MARION ZONING BOARD OF APPEALS A. SUMMARY We propose to extend the existing partial second floor to become a full second floor on our home at 12832 Main Road in East Marion, with no change to the existing footprint of the house; and to construct a small two car garage in place of the existing work shed in the northwest corner of the lot. We have a Letter of Non-Jurisdiction from the New York State Department of Environment Conservation (bulk headed property). We have a Letter of Non-relevancy from the Department of the Ir Army Corps of Engineers. We have the approval of the Board of Trustees of the Town of Southold. We have letters of support from our three neighbors abutting our property to the east, to the north, and to the west. We have attempted to be sensitive to the existing setback situation by recessing about one half of the second floor extension 4' to the east. B. REASONS FOR AND HISTORY OF PROJECT Our existing home is a gray shingle beach bungalow dating back 75 years or so (it was expanded in 1952, 1979 and 1994; we purchased it in 2001). We live in this house year-round; it is our home. But it requires repair and updating, including improved energy efficiency due to its age. We also would like to have added closet and storage space, a larger bathroom for ti Page 2 ourselves and a home office; and we would like to be able to shelter our cars from the weather and elements. We originally planned to build a larger home on the property, a full two story home that was approximately 40' X 80' (instead of the existing 30' X 60' or so), in a more centered position on the lot, with increased setbacks. We in fact obtained approval from The Board of Trustees of the Town of Southold to build this house. We did not apply for a building permit, however, because we subsequently concluded that we did not need a such a large house, nor were we comfortable with the impact it would have on our neighbors' sightlines to the water due to size and location. It would also have required removal of a very large, old and beautiful evergreen tree on the property; and it would have simply been more imposing on the site. We so decided to keep the house we have, but to repair and update it as necessary, all within the existing footprint; but to simultaneously request approval to extend the second floor and build a garage. We have begun the repair and update process and have a building permit to repair 1 replace the foundation (work completed); we will then continue to replace windows and make other necessary repairs as permitted by the building department, independent of our request for a second floor extension or garage addition. It is our proposal, however, to extend the existing partial second floor (now covering 1/3 of the house) to the remainder of the house. Doing so would allow us to build in additional closet and storage space, enlarge our bathroom, add a home office and otherwise improve the efficiency of our home. There would be no increase in the number of bedrooms, bathrooms or other rooms. Page 3 We also propose to build a low two car garage (24' x 26' x 15.5' to ridge without a second floor) in place of the existing shed with 4' setbacks (the lot has no defined "back yard" because of the nature of the property, so a technical variance is needed to put it in the "side yard"). C. PLANNING GOALS Improve efficiency and interior design of house by adding closet and storage space, a larger bathroom for ourselves, and a home office. Comply with 20% maximum lot coverage. Retain existing footprint of house, without any increase. Be sensitive to existing small setback to west. Maintain same number of bedrooms, bathrooms and other rooms; no increase. Provide shelter for cars by expanding work shed into a two car garage. Increase and maintain sensitivity and provision for indigenous plants in proximity to water. Maintain a design and style that is appropriate to the community neighborhood. Maintain sightlines of neighbors to water. Keep the historic evergreen tree. 9 Page 4 D. PLANNING CONSTRAINTS The lot is the result of a very old "subdivision" of the neighboring lots to the east, north and west. As a result, our home is not in compliance with current zoning code setback requirements. Indeed, the house is 1.4' from the property line to the west at the closest point; nor does it have a "back yard", in a technical sense. The existing shed is essentially on the property line to the west. The lot is 18,843 s.f. and the resulting "building envelope" is quite small, irregular, more or less in the center of the property; which location is impractical given the planning goals we hope to achieve. While non-conforming, the existing location and siting of our home is strategically "perfect" insofar as minimizing impact on the property and maintaining neighbors' water views, light and air. It is, in fact, the best position possible on the lot and was no doubt a primary consideration in establishing the lot lines when the property was previously subdivided. E. PROPOSED PLAN ACHIEVEMENTS Achieves design objectives of interior space utilization and efficiency: added closet space, larger bathroom for ourselves, home office. Complies with 20% maximum lot coverage -- 16.2% achieved. Retains existing footprint of house, no increase. Maintains same number of bedrooms, bathrooms and other rooms; no increase. Is sensitive to existing small west setback situation by recessing half of second floor extension 4' to the east. ( Page 5 Provides protection for cars from elements. Retains the existing design style that is harmonious with the neighborhood: gray shingle bungalow and gray shingle saltbox garage. Has no adverse impact on neighbors' sightlines to water. Has support of all of our neighbors abutting the property. Has support of Board of Trustees of the Town of Southold. Provides a 20' non-turf buffer from water; including indigenous plants only. Retains the evergreen tree. Overall, we firmly believe our proposal to be the best possible solution when considering planning goals, zoning issues, neighbor and neighborhood interests, site impact, and environmental considerations. June 13,2005 PHOTOS EXISTING HOUSE 12832 MAIN ROAD, EAST MARION 11939 ZONING BOARD OF APPEALS ,, k --- ‘111Visie,,, .--, ilk.. Ilii ;�.�, ' i !II gr C °' '>' s• LOOKING WESTERLY . °°111°°"*N14%\ r• _, -- , ?' {i{{{{{{I1{ . , _.. il lumur. ,' --' ,.,., .... - a. . i, „ . L. ,, '1!Mgr " i LOOKING SOUTHERLY LOOKING NORTHERLY PHOTO SHED w•. 12832 MAIN ROAD, EAST MARION 11939 ZONING BOARD OF APPEALS ' F. . r WESTERLY VIEW WITH PROPOSED GARAGE STAKED PHOTOS EVERGREEM TREE 12832 MAIN ROAD, EAST MARION 11939 ZONING BOARD OF APPEALS ,iso 11,2„ - �! ; • . R - tipolji: ; • •�'w�..+� • igf FSI 1 - it +tom w• I ' � , 40 7 if _ ,..a_ °+Tf .i; '�� •• � ,, ilk ' rai • • ✓ a i • 1 yWI • PHOTOS OF NEIGHBORING HOMES 12832 MAIN ROAD, EAST MARION, NY ZONING BOARD OF APPEALS HOUSE TO WEST (STREET) HOUSE TO NORTH (STREET) z -.,. til_ 4-" ` 4. , + r - ai: s'i r HOUSE TO WEST (WATER) HOUSES TO EAST (WATER) z #1i:,1'\ 'l ` \ . —�f --F PHOTOS EXISTING HOUSE 12832 MAIN ROAD, EAST MARION 11939 ZONING BOARD OF APPEALS a�_ ; , .'• .1 , L. 1 111 Mal LOOKING WESTERLY i . � }p r ry i ., •:; 111111111 III ..a. t _4.44 �" .: _ ' _�' W f LOOKING SOUTHERLY LOOKING NORTHERLY New Yon( State Department of Environmental Conservation . Division of Environments' '-ermits, Region One Building 40-SUNY,Stony Broa ew York 11790-2356 Phone:(631)4440365 • FAX:(631)444-0360 Website:www.dec.state.ny.us Erin M.Crotty ) Commissioner Letter of Non-Jurisdiction-Tidal Wetlands Act February 14,2003 Barbara &William Clayton 808 Broadway, Penthouse H New York NY 10003 Dear Mr. &Mrs. Clayton: Re: Clayton Property, 12832 Main Road, East Marion SCTM: 1000-031-14-15 No. 1-4738-02121/00013 Based on the information you have submitted,the New York State Department of Environmental Conservation has determined that The property that is landward of the bulkhead,which is more than 100 feet in length, and existed on or before August 20, 1977, as shown on the survey prepared by Van Tuyl&Son dated July 22, 1971, is beyond the jurisdiction of Article 25 (Tidal Wetlands). Therefore, in-accordance with the current Tidal Wetlands Land Use Regulations (6 NYCRR Part 661). no permit is required under the Tidal Wetlands Act Please be advised, however, that no construction,sedimentation,or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above,without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within tidal wetlands jurisdiction which may result from your project Such precautions may include maintaining an adequate work area between the tidal wetland jurisdictional boundary and your project(i.e., a 15 to 20 feet wide construction area)or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Very truly yours, 1 ���r • George W. Hammarth Deputy Permit Administrator cc: Bureau of Marine Habitat Protection En-Consultants DEPARTMENT OF THE ARMY_ NEWYORIC DISTRICT,CORPS OF ENGiNI , _..'NA JACOB K.JAVRs FEDERAL BUILDING lui '` '' NEWYORIC,N.Y. 10278-01390 - Nay 29, 2003 mummer Eastern Permits Section SUBJECT: Joint Application with New York State Department of Environmental Conservation Barbara & William Clayton 808 Broadway, Penthouse Ii New York, NY 10003 • Dear Ms. and Mr. Clayton: , We have recently received a copy of the Joint Application for permit you filed with the New York State Department of Environmental Conservation (NYSDEC) . Please be advised we have reviewed the copy of the Joint Application sent to this office by NYSDEC. Based solely upon the information provided, it appears that a Department of the Army permit is not required for your proposal. The Department of the Army regulates construction activities in navigable waterways and discharges of dredged or fill material • into waters of the United States, including inland and coastal wetlands. If your proposal would involve such work, and has -not f' been portrayed as such in your Joint Application, you should contact this office immediately so that a project-specific determination can be made as to whether a Department of the Army permit will be required. Any inquiries can be directed to this office at (212) 264- 3912, 3913, 6730, or 6731. Sincerelly,, eiLl"NA'Marc Delman - - _ _ ____ . - - Acting Chief, Eastern Permits Section " � S�fFOUr Albert J.Krupski,President �� Cp - Town Hall James King,Vice-President ,ti,�% G'f' 53095 Route 25 Artie Foster ; P.O.Box 1179 no Ken Poliwoda r= Southold,New York 11971-0959 Peggy A Dickerson 4 o"oy� '� Telephone(631)765-1892 of 4°,11i Fax(631)765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Permit No.: 6085A Date of Receipt of Application: March 14,2005 Applicant: William &Barbara Clayton SCTM#: 31-14-15 Project Location: 12832 Main Rd., East Marion Date of Resolution/Issuance: March 23,2005 Date of Expiration: March 23, 2007 Reviewed by: Board of Trustees Project Description:To replace the existing foundation around the existing residence perimeter, repair or replace the existing floor system, as required, replace all existing windows and doors, replace the siding, add to the second- story of the residence, and to remove/replace the existing decks. Findings: The project meets all the requirements for issuance of an Administrative Permit set forth in Chapter 97 of the Southold Town Code. The issuance of the Administrative Permit allows for the operations as indicated on the survey prepared by Stanley J. lsaksen, Jr. dated October 20, 2001 and last revised March 13, 2002. Special Conditions:A line of staked bay bales must be placed down on the seaward side of the dwelling prior to construction,a drywell installed to contain the roof run-off, and a non turf buffer maintained landward of the bulkhead. If the proposed activities do not meet the requirements for issuance of an Administrative Permit set forth in Chapter 97 of the Southold Town Code, a Wetland Permit will be required. This is not a determination from any other agency. dape.‘" q! - Albert J. Krupski, Jr., President Board of Trustees May 11, 2005 Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 RE: William&Barbara Clayton Request for Zoning Variance Approval To Extend the Existing Partial Second Floor to a Full Second Floor And to Replace an Existing Shed with a Garage at Their Home At 12832 Main Road, East Marlon. To Whom It May Concern: I am a neighbor of the Claytons and live immediately to the east of their home. t -- I support their request for variance approvals. Sincerely, qtr John Sica OF 12860 Main Road East Marion, NY 11939 May 11, 2005 Zoning Board of Appeals • 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 RE: William & Barbara Clayton Request for Zoning Variance Approval To Extend the Existing Partial Second Floor to a Full Second Floor And to Replace an Existing Shed with a Garage at Their Home At 12832 Main Road, East Marion. To Whom It May Concern: I am a neighbor of the Claytons and live immediately to the north of their ✓} home. I support their request for variance approvals. Sincerely, , \-•fil LrW Martine Maiorana 12630 Main Road East Marion, NY 11939 rJ ` f ) May 11, 2005 Zoning Board of Appeals 53095 Main Road P.C. Box 1179 Southold, NY 11971-0959 RE: William &Barbara Clayton Request for Zoning Variance Approval To Extend the Existing Partial Second Floor to a Full Second Floor And to Replace an Existing Shed with a Garage at Their Home At 12832 Main Road, East Marion. To Whom it May Concern: We are neighbors of the Claytona and live immediately to the west of their 4110 home. We support their request for variance approvals. Sincerely, Ad Z. Tony&Maria Diaz 12580 Main Road East Marion, NY 11939 • QUESTIONNAIREE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes 111 No B. Are there any proposals to change or alter land contours? ❑Yes t No C. 1)Are there any areas that contain wetland grasses? YS 2)Are the wetland areas shown on the map submitted with this application? 3)Is the property bulkheaded between the wetlands area and the upland building area? yds 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? VS5 Please confirm status of your inquiry or application with the Trustees: ''eettotse. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? inaMS (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? Ve S ( ) If yes,please submit a copy of your building permit and map as approved by the Building Department and describe: afMIA IRS p;ties. 4 (AV 4 14 G. Do you or any co-owner also own other land close to this parcel? ds 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 AZ I 413 OM, '4.6S T A&)CiVfle#11 6 If and proposed use NO AD ARV A,Pr s' 0,71 vrr (examples: existin : s' 1 - propose • same with garage.) A thorized Signature and Da 2/05 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 31049 Z Date APRIL 12 , 2005 Permission is hereby granted to: WILLIAM L CLAYTON 12832 MAIN RD EAST MARION,NY 11939 for : REPAIR/REPLACE EXISTING FOUNDATION AS APPLIED FOR PER TRUSTEES & 'EC AS APPLIED FOR WITH FLOOD PERMIT. at premises located at 12832 MAIN RD EAST MARION County Tax Map No. 473889 Section 031 Block 0014 Lot No. 015 pursuant to application dated MARCH 28, 2005 and approved by the Building Inspector to expire on OCTOBER 12 , 2006 . Fee $ 250 . 00 �'� 772 t •ut' o ized nature COPY Rev. 5/8/02 • 14-16-4(9195)—Text 12 PROJECT 1.0.NUMBER 617.20 SEOR Appendix C Stale Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only -.PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) • 1. APPLICANTiSPONSOR 2. PROJECT NAME, jiwaf3pCR,q34 C.4 AeeclOetot St4to a eq. 6 g9 eicv 3. PROJECT LOCATION: Municipality ..N.1,4 COES S MIS A,a County s 4. PRECISE LOCATION(Sheet address and road IntemeGlions,prominent landmarks.etc..or provide map) rn itiA57' C°1.8 OM eiY 5. IS PROPOSED ACTION: 0 New 0 Expansion , Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: etlert-le4,6 ,r4707-§01 Porov0,4, .r6QP-a 9 rq..16- c49,j g Pc-ace 7. AMOUNT OF LAND AFFECTED: Initially ..1 iq Ultimately noires 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 0 Yes No If No.describe briefly vARmet:,- przo.z odlu artramix Ae9oc-irpd76,,os. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? trResidential 0 Industrial 0 Commarcital 0 Agrlculture Dpjperesuopen space Dour Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? Yes 0 No If yes,list agancy(s)arid pornift/appgrials dcoe§3,:ereVoi) 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PiYlT OR APPROVAL? .‘"X,Yes 0 No If yes.list agency name and permit/approval egV.00 Reg a er, Qeo a.. zav 64. (a4 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ED Yes cNo I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE • tig,kve41, 19* qg tiA9 le4140-44. e Applicant!spa name Date: 0111111r _• Cogoe.W.Pwr. lc', fko-L.4. Signature: ft the action is in the Coastal Area, and you are a stet agency, complete the Coastal Assessment Form baro proceeding with this assessment OVER PART If—ENVIRONMENTAL ENT(To be completed by Agency) —' A ODES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR.PART 617.4? If yes,coordinate the review process and use the FULL EAF Yes _ No E. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR.PART 517.6? If Ne.a negative aeciaratlor may be superseded by another involveC agency. Yes r No C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:tA.rwrers may oe handwritten.It Ieglalel Ct. Existing air quality. surface or groundwater quality or quantity, noise levels. existing traffic patterns, solid waste production at disposal potential for erosion,drainage or flooding problems?Explain crietly_ C2. Aesthetic.agrtcutturai.archaeological.historic. or other natural or cultural resources:or community or neighborhood character'Explain briefly: C3. vegetation or fauna, fish.sneiltisn 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 OH THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? r yes ❑No E. IS THERE,OR ISTHERELiKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? 1-1 Yes 0 No It Yes,explain briefly PART ill—DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect Identified above,determine whether itis 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(f)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,f was checked yes,the determination and 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 im)iacts which MAY occur. Then proceed directly to the FULL EAF 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 '•','ILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(it different trom responsible otucer) Date 2 r \ APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Q i ®a P e 644 60. E vl �f (Last name,first name middle initial,unless you are applying in the name of someone else or other entity,such as a company. If so,indicate the other person or company name.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance X Change of Zone Approval of Plat Exemption from Plat or Official Map 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 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) 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 Submi this I r d::?.y of f j Signa �-- �` M.. . .,� Print Name: a#6 411 A; r , r "'f ( 1\' i June 14, 2005 Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 RE: AUTHORIZATION TO REPRESENT William & Barbara Clayton Request for Zoning Variance Approval To Extend Partial 2nd Floor to a Full 2nd Floor And to Replace Existing Shed With a Garage at Our Home at 12832 Main Road, East Marion Dear Ladies and Gentlemen of the Board: Please accept this letter as authorization for Mr. Richard Lark, Attorney, P.O. Box 973, Cutchogue, NY 11935 to represent us in the above referenced matter in all dealings with the Zoning Board of Appeals for the Town of Southold. Thank you, illiam & Barbara Cla on 2832 Main Road East Marion, NY 11939 631 477 8370 _ r-s'f 1,..-----\\ ----) i._________ —1 I ..s I 1 ot..;0 _ zil. 000 7 I- M. ,•..._,_ 1 t IIIIIIIIIIII - - Ho El . • 0 p_o i 0 ,.. , .: . __..., 1 . Pas ern. 1 . . "." I64.--3 1' PROPOSED EAST ELEVATION t, ) n i 1 , 1 I \ itil . , , I_J . _ _ I . . 7c. 11111111111 1111, ill I. n 1 II li . ., . r I I . I MI 1511.1. 1, b4LS" 1 EXISTING EAST ELEVATION PROPOSED AND EXISTINS CONDITIONS SCALE. 1/8" = ILO" X11111111111111111111 IIIIIIIIIII MI 1111 \ 64L3" PROPOSED WEST ELEVATION ,,..� r -----I r- --� I I I I -J -_� 11111111111 IV„pN. 111 BO MN MN SRR PRISM ,1 64L3" EXI5TIN6 WEST ELEVATION PROPOSED AND EXISTING CONDITIONS SCALE: I/8" = ILO" . $ ! (1r (r mo.-0. NMI Meal 21,62 ;/ il 4 4.4 - MOD OM MOD Mr 0 ;,r.rn aZES/221 ® :- IK,smr /1\ ( : ' I T FA8i9.R11H 0 0 01.115162) Q®IYlI�LL I 04./15a0 O NLS) 6�/`�-������ ��� 1 ! __--_-_ i v U c_ntmaaf __-- g$1.193113260,1-11301510 MCC ' I-i M � _ = C W.ffirm) , T 1 ...-1 1...--, ® fes. 14;*01.46 141:401146 ISSECOMGCGC Nr ! rcnc« , N 5+N EXISTING FIRST FLOOR PLAN I I Denim was ® leNw"s PROPOSED 1ST FLOOR PLA N • SCALE: I/8• = I'-O' 0 0 ___„- 1 , * , 1 L 6r 0l47 / 044 MIN YNlb W 5/IJ/6®15 Ir --1 I ANS AIM NM A101 •i r "� ' / p - r N \, Mtn ; ® i��/ - i mice k. Esanailedzazasztf . SWELL L \................„ .= . • • I , MOM&111:412140 MOMS i€0121645 147112141 0 .I11 l /1 SECOND FLOOR PLAN I I !Damao prais ® m54) 5 PROPOSED 2ND FLOOR PLAN SCALE: I/8" = I.-O" ; 1 -._..f iF ' , � 14 ' \, _ ---1 �REVI510NS ybimo i\ , ' I IN r!== 44i.dal ibib' IMMO Y ` gC, s' y, v O v o - Y X1.1111■■1A 1 .. - - - - - - - .1�1.1��1■ .�1.111k._ 7(- .A111.1111111111111111.1.Millnilib., 7Z- -AMMEMIIIIMEMINIMMIIIIMMIIIMI b.. , AIIIVI 111111E1 / � I l� I I ILII II I II I I � ItidM14 I Il11111 II I Yi,i)''/)II( fII II111 U' o-7- iffilli MEI NEI nit in1 lii I I l� I 1 11111 � 1 I II I� � 1 1 1 1 I v ii_- I -=, ' JII 1 1 : - r, -- •i■m1�■1■ •1•�1�•1■ m1•�1� y' ,I 11 ( 1 I J Di to o •�1iiM1u1M■MI1iiM1u1•■•1ii II 111 III 1 \ \ 1 b W Ir 111111M11111111 1■u11•1■1uu1 1■■1�1■1 •1■•1�iii��1i•1�u1■�M1uM1M ( l III l 1 / . 0 W a, ■•1•i•1uim■miui iiio■m1■■ , I I 11 f I I I " 0_ o 1u■1�1■1iiiNummmensiiuuui1■1i�1aiuii u 1 NumnimummisamI 1 O o ■M1�IIM1II1�MM1■IM1■1M■�1II II l )\/AIII in1�1■1ii1 iii1M11111■11 1■u1•1■1 ' I Il f 1111 JI I V 1 1 a _1•_1_■1u•_1■_101■.i111•1_ I 1i1E1iuiiili1=1i1E1E11 1 J -__ - 1 - - -- - – – — — - ,111. ii_ I I I I I I I � 1 _ ? ,1 n OI1■ I iuu l■In■nl■■nl■1 10111111�L MI I I ■■I_I■In NMI 1111111111111 110111111 (7_:\\\ = I [ 1 I I I IrI 1 I 1 J N u ", O I 1 1 i : i 1191101 mp,:i • J... .,.. ,, , ,,... , ..„ K T J 111 1 j ' Eli � ,zII I �oY _ 11[ lJ .., ll II i � D1II � 1 I � i11 1 JI 11 I I I FRONT ELEVATION w , z 0 ao � SCALE: 1/4" = V-0" .4 W oZ-- — — — _— — -- - — 0— Ul 0ce LL - - - - - - -- -- o 0 - _ - - - - - - - - - - - — - — ce a MI a) in (n II 1i I 1) 1 J Il II I 1I1I 111 VIII 1 1 1 1 ( 1 11 1 11 1 1 11 - ce ce zo MO n■1■ 1■nln■1■ nnnln■1■ I - Ii ■ 1■ I WANE 0 ■_I ■In■nl■■n1■In■nl■■nl■In■ W4 nl■In■n ■■n In nl■ i■■1 �■ •1 1■■Inl■In Inn1■i■■1 ■■ I ■1 1■■1N1 ■ 1 1 ■ I � MI __ I � �iu• iu In■1■i1 ' 1 L ■�ni■n1 1■ni U ■ _ 1 � 1 Inn■ n 1■■ni ' ,�i I 1■In■ni■■ -1■ 1 1' I 1 1■■Inl■1■■I•Inin=u 1 L ■ui iii 1■ ■ Im:II� 1 1 1 1■n1n■1■ �~ ■11nM Ilni■I ■n1■ T Ili_ ■ 1■■n1■1 ■nI■■nnln■ c\ 1 1 \ DRAWN MH/MS SCALE 1/4"-v-0" REAR ELEVATIONJOB June�.2a05 SHEET NUMBER SCALE: 1/4" = F-0" A-2 • 1 I , ;,, \ - . _ _ _ RE,siONS i Mum Mom insomml &dli__T_ I Mil _V_I__ Otaimmim minimil 1111 - 11111111111111 ,d11111IWZINI 11111 .. - 111111ma _.A■1 .1 1.111■mM1.. .11 ■I��■ ■1.1■1■111 1 -�-\ // 1 Mi_lAladii galnuammaMnWEosuuNmmumNomn Omo ii■■� 1.1i� �.1 i mumu0 ■ 1.■1.11 %.. 1i10i.-9:1.i1 - - - , - - AEN1 ■ ■ r11 111 gq1 1 �. so 11.1.11111 .111o1m1 MIMI MIMI .I0 ■ imi 1 SMilmimm/ 1 111 ■ ■11.1 1 .1 11.1.1 11.1■■.111 III man 111111111 1 u, 1.11.11111 J Y 1 i I IIll I 1 rinamm1 1111 1 - ` , I l�f �1_ I 1 I■1■� p_ 1 ,IJ„ II I I IIII 1I I 1116 ' ■1 1. .II I1L [ JJ 1 i I ■1 -- I■� -8 .11 . i, 4 11111.1■1 .1.� :, 1..1.1 111■1 1■■1.1111.111 111111.1■1■■1 ...........1 ■1■1. _ _ __.,, _ _ I..1 I Iliiil LEFF ELEVATION . s � p SCALE: 1/4" = 1'-0" . � Q Q adel,_ o _�/la1■■.1 , w °� .i1 1■■1.1■1.111 _ O w _...011111110111111111W61._ a w 1 1imit.... O .1.11111 1■■�1\ .1■.1.■1■igim .1. 1.111 . 11.1..1■ .1■.1.■1■I.1■.1.16, ■.1■■.1■1.■.1■■.1■1.■.1■■.1■1.■.1■■.1■1.■.1■■11k._ 1■■I��� ■ 11 1■■1.1.1..1 111.1.1111.111 111111.111111.1 11EMINIMINIVIIIIIIMMININ E‘,1 1u■1.1.1■■1 1■■1.1■1111 1.111.1■111111 111111.1.1■■1 1..1.1.1■■1 1I X11 III I I� I I�l LI/Lfir1I LI1I f III II I I � � O zIII I II �I I I ( I I I [ 2 NZ IiliMill 7 0 ,v i .1■ 1.■ ■ 1..1.111 .111.1.111■ .111.1.11111 .111.1..1■ ~ 111111/111 .1..1.11 1 .1.11 iMINII WHIM I, 1■a1■ .111.1. 11111.1.11 ■ _ LI .111 1 11111.1 L, 1■1.■.�1 .■.1■■.I 1 U _MI • ■1■ , _I ■ , . L . 1 _ 1_ 1■ ; Il- h IL - -_---\--- _ - I l� 1 7 T l ! ! I I ; f i �` 1 1 - RIGHT ELEVATION NH/ SCALE r SCALE: 1/4" = l'-0" �°eo,2Q5 SHEET NUE A- riI REV MONS I / 26'-0" / çi \ \ \ Y Q: N J 1 e n 5Y n ©1Jcy 6L1c- /C S<Q0/ c e, -0 G Ok 6 /1,0 P(.061a/,41) / ' e e i 6 A/0 `.0 PLR '— 0 Peri 4i‘/Ar/.1", Is C OS c - 4gA O - 1Y 0 N — l er�tz ,9 N w 9 o I _4ic "� 6.-/ Y1- I Lepag Cg N N Q o 0 o I-4- o I- r O I- a O I I I I O a CeCL. I I I I I I J I I t� I \ q I ---'1-- I I —rr I M I I I I I I I I I I I I o I I I I I I I I I I I M I I I I I I O ,A 'z \ \ ISI Wrq Z 0 O p,i, a 00 U / 26'-0" 1ST. FLOOR PLAN DRAWN MH/MS SCALE: 1/4" = 1'-0' SCALE 1/4"=V-U" 064 June 09,ZUUS I SHEET NUMBER A-4 NOTES J it TOWN OF SOUTHOLD r "y"""�" �' BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENTi >> 1 Do you have or need the following,before applying? TOWN HALL 1;.{( :JR 2005 i -• Board of Health SOUTHOLD,Ntt11.971 - r a :, :, " 4 sets of Building Plans TEL: (631) 765-1802 1 BLDG. r' QLD : •J Planning Board approval FAX: (631) 765-9502 --TYVr' C..)15 ' Survey www.northfork.netlSoutholdl PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: gkexpApproved ,20 Mail to: ZAdli/L jZ Disapproved a/c /� Pa&X 93.3 Cc/T.6 Phone: 734.-¢t O r Expiration ,20 '" Building I :sec . APPLICATION FOR BUILDING PERMIT Date 04/141/4(r , 20 INSTRUCTIONS a. This application MUST be completely filled in by typewritej'or in ink nd.submitted tb 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 propertx lave been enacted in the interim,the Building Inspector may dut f e;�in writing,fihe extension of the permit for an addition six months.Thereafter, a new permit shall be required. •'..=APl'.,LIC 1TTION IS HEREBY MADE to the Building Department forth issigance;of a Btiji4lifng 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 re a .tions, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of appli .1 t or name,if a corporation) �o et 9.A33arr4eQat- (Mailing address of applicant) State whether applicant is owner, lessee,Cent, archt, engineer, general contractor, electrician,plumber or builder Name of owner of premises Wic,c,iM ,n &fZ,5h'M O4,7 ) (As on the tax roll or 1test deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on whh�h proposed work will be done: 2 �3 Z rer _7 S FAST "tie j .J House Number Street Hamlet gn°On M A,fmvi County Tax Map No. 1000 Section 3 1 Block 4-' ,.L' Subdivision Filed Map No. Lot ; . � �r (Name) 2. State existing use and occupancy of premises and intended use and,occupancy of proposed construction: a. Existing use and occupancy S/o C G E f4 Afie7 /1'k-_s-- v�.,_, 77..9-v b. Intended use and occupancy --57//ie- 3. Nature of work(check which applicable): New Building Addition K Alteration x Repair Removal Demolition Other Work (Description) 4. Estimated Cost ,. , Fee .'-' t".' ?•A7;',' . (To be paid on filing this application) 5. If d ,clirsg,3',nbe,rZo'fdwel1j.ng-=units Number of dwelling units on each floor If garage,'numb ertWears 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front gr Rear ie U�6 Depth 10. Date of Purchase Name of Former Owner - ' 11. Zone or use district in which premises are situated /Z 4-d 2 12. Does proposed construction violate any zoning law, ordinance or regulation? YESS NO 13. Will lot be re-graded? YES NO ,Will excess fill be removed from premises? YES NO l3ac t 8/4-Kdit2A 4-77 -- d 3 7� l 4. Names of Owner of premises <(-Al Pot) Address Phone No. Name of Architect til,4 IL re— Address Phone No 774 - 4/er Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of.a tidal wetland? * YES X NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide surve5to;s lwwith acoo to ff1t"dation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUN Y OF tc./UN C,(,' �t/��7r- , '' beiinkciuly' %brn; ci poses a�icraas'th` atit'(s)he is the applicant (Name of individual signing contract) above named, (S)He is the I (Contra tor, Agent, : .orate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn tp.laefore me thi , ' y of _;la, 0 40116.---, II�f/ /�/� i . / 11/ �� 'I e., to ... Notary Public y Signature of Applicant LYNDA M BOHN NOTpf PUBLIC,State of New York , ' N c: NO.01606020932,Suffolk County " Term Expires March 8,20 An i _ __ ..l.-,....4.z..:„,....4...,..4„;---a.- •"-_ _ _ .-,..;"r,=:!-_,`,...'.--'t,I.,..',,-.0 M .,,,,—...,- -,-,,---.3-4.,-,_ - --4-,--7-',.--, ... C. ,... - 1.,'',..,.'-'/,',...:rt ,,V...4.4rt-e.1.74140GZSZ^A.V.t.,.•4,',i ifrni: ',,,k. „. ....,-.....Z.NO.022 44 "N. / . N 334.600 — —Z--- —\— Z FOR PCL.NO. SEE SEC.NO. \ 8, PECONIC LAND TRUST , LI 022-03-018.8 ii, 4 .,,,,.\. or ) 0. 0 % s e .., s ...; .. o s** 1.2 o, S 14.34(0 0.° 27 * 1: I Aptc1 $ ,. e 4' .: 14 110 w 5 't‘kG) 40 soo 4'5'4:4' 4, —N— t, i, *. c'S). • t sk' 5 o+ se+ ''t+ t t. 32 2.5A 0 so 4 31 $'''' , ao .bta A. 1:: 003 1.64(C) V-11Ekc 1.31A3 td.." S i.10.A1(c) ' un el 44 is. In IS' 40 t 29 MAIN t, 21.,, 1.6 IS 4.2 •,o, as ss so a, 0 <6 N.;,,C.) 4.: I so: 2 1 ‘ II\ PAIS 4 4 80 ,var,..width) : % 1, r..,..,c) IS (,).''13 ,k, 45 5.1 e•T..- co B.t &WO 1.11c) 3.9M 10.1 " 0, 14 b, 4. 2kc. ; 2.3A • at4 ,• I t '4 © ... % <.3, , .50. 445A(C) 4.3 ..4. o. 2.2A 4.4 ()8-1°J 40$ 00...4;10k,o,c) \ # so'D' , ''',. 4.• Is, so,,,,,,, % i 47, , S s 4 @ 4.5.... ' S e 14332.100 F- 4,' \ a .i.:V 4..,, e., 40:fr. 4,, 16 .,, ,' EAST DAMN vi, C134ETERY 01,10,,,s 4 . ,.' 'k /A> 4, ,, t „,,,,, .,,, i•a\ • cir a a e• TOWN OF SOUTHOLD % 5 ,o I' 4, a : 4 ,,, / (UNDERWATER LAND) 040 10. t` 0 4 'Id' <I, nft-k N i 1 - 19.84(MARION LAKE Ns @ 4' i 3, ••T Y. 1 '16) /N. 0 42 T. 4,4 c) _‘NC1 4 su 036 -' \C / • .4, 7.,,,,,.. 4., :14 / 40' ,a, ,.. •::(.. A,4 AP , / ,,5 \ .0 0. ,,,..1/4 ,4;4, cf 1 > 0 : V 4.' '4.,..0 0 ti, ''4'e e kc) ''''S I 4' t,o'4'°';'.9,s'. s•''' <41. Y % fr Nippy 74:L. 1.44...r,? e e #• ••,:i.,:ea . , A , a •-•P , 6` ..:1•9'0`) g %S.`"> ea, 0 04, %,• 0 4" .o 4:9 Qg .4. ••• .,,--- ,,,. , 4' It, 'z$ ,i5, 4' : 4(9:1, SCNALSEER1T'.1A00' CO 4 .1/4.. ... .., ,,A, , MARION LAKE iNe...ct..,A,:, 4.'43. .9 M 1.V 6.24(b) 41,40 so 4,, TOWN OF SOUTHOLD . 4 33. (UNDERWATER LAND 1 f7:1 S ler-4,p, ,,,,.. ,..___. . 6•0:, a 21°440/ ,44 4' ''' N 331,200 N330.200' IgV ® f. c. N .rP'ts 0. 00 v .freN N' a 47,A. 414 V. 1 , ••!'1/4...L:ej .0 ..ss• ,.: %.>49 ">> oy • %0 , 0 `11.. 4- 4 41, e $ .0 k9.,,?0 N 330.800 '214 ° • LL PROPERTIES NOTICE ........ on SECTION NO NO DISTRICTS: i. ''44:4,'., COUNTY OF SUFFOLK © K 051 T°1"°F SOUTHOLD TED MAINTENANCE,ALTERATION,SALE OR a E , )i.e 1,,,, Real Property Tax Service Agency Y r DISTRIBUTION OF ANY PORTION OF THE lo VILLAGE OF 031 SUFFOLK COUNTY TAX MAP 5 PROHIBITED • g• County Center Riverhead,N Y 119 01 030 ATER WITHOUT WRITTEN PERMISSION OF THE +'111!--4 _SCALE IN FEET: 4[0,10', 2r ' 409 NI A 1/132 REAL PROPERTY TAX SERVICE AGENCY. . , enimil P 035 038 037-....'038 ("SIM 1'43 1000 PROPERTY MAP CONVERSES DATE: Nov.08,1996 'I — / ,C-.e,.J6 ` v f LARK&FOLTS it /et a7/1 d2/f Attorneys at Law L 61 te_G Gevi ) 128785 MAIN ROAD 6 PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 Fax No. (631)734-5651 AUG — 9 2005 RICHARD F. LARK MARY LOU FOLTS �ONlta� ®OARD OF @SPG' COI August 9, 2005 Linda Kowalski Southold Town Board of Appeals 53095 Main Road P. O. Box 1179 Southold, New York 11971-0959 RE : William Clayton and Barbara Clayton Appeal #5743 Dear Mrs . Kowalski : I am writing this letter in response to your question as why there are three "Notices of Disapproval" from the building department in this variance application. As indicated by Damon Rallis on the second page of the Building Department ' s June 27, 2005 "Notice of Disapproval" , the prior notices were amended to correct errors . The initial "Notice of Disapproval" dated April 18 , 2005 indicated the square footage of property as 20, 437 square feet where, in reality, it is 18, 843 square feet . Also, this notice labeled the 1 .4 +/- feet setback of the dwelling as a side yard instead of the rear yard. The June 10, 2005 "Notice of Disapproval" corrected the square footage problem but did not correct the mislabeling of the side and rear yard. The June 27, 2005 "Notice of Disapproval" corrected the mislabeling of the side yard to the rear yard. Hopefully, this will straighten out the confusion created by the different "Notices of Disapproval . " If you have any other questions, please do not hesitate to call . Very truly yours, Richard F. ark RFL/lm LARK& FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 Fax No. (631)734-5651 RICHARD F. LARK MARY LOU FOLTS June 28, 2005 Mrs . Linda Kowalski Southold Town Board of Appeals Southold Town Hall 53095 Main Road P. O. Box 1179 Southold, NY 11971 RE : William Clayton and Barbara Clayton (SCTM #1000-031 . 00-14 . 00-015 . 000) Dear Linda: Enclosed is a Notice of Disapproval amended June 27, 2005, which amends the disapproval dated June 10, 2005 which was submitted with the application. Very truly yours, 24,14-41.4Lekl-A) Secretary (bd) Enclosure 1 • _ J yy�� \-_,' f M G Vy FORM NO. 3 NOTICE OF DISAPPROVAL DATE: April 18, 2005 AMENDED: June 10,2005 TO: Mark Schwartz A/C William Clayton PO Box 933 �� W.t� 4/.0)0 d- Cutchogue,NY 11935 Please take notice that your application dated April 18, 2005 For permit for additions and alterations to an existing single family dwelling and construction of an accessory garage at Location of property 12832 Route 25, East Marion County Tax Map No. 1000 - Section 31 Block 14 Lot 15 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 18,843 square foot lot, in the R-40 District, is not permitted pursuant to Article XXIV Section 100-242A 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 has a single side yard setback of+/- 1.4 feet. Following the proposed addition, the single-family dwelling 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 because Article XXIV, Section 100-244 states that such parcel require Da minimum single side yard setback of 10 feet. In addition, the proposed accessory garage is not permitted pursuant to Article III, Section 100-33, which states, "In the Agricultural-Conservation District and Low-Density Residential R-80,R-120,R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard..." C� The proposed accessory garage is noted as being located in the side yard. This ►. i tice of ► 'sapproval w ded on June 10, 2005 to correct errors. , v. Damoallis,Permit Examiner 4 CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. F /' i / / FORM NO. 3 NOTICE OF DISAPPROVAL DATE: April 18, 2005 TO: Mark Schwartz A/C William Clayton PO Box 933 'AA a • tel� Cutchogue,NY 11935 Please take notice that your application dated April 18, 2005 For permit for additions and alterations to an existing single family dwelling and construction of an accessory garage at Location of property 12832 Route 25, East Marion County Tax Map No. 1000 - Section 39 Block 14 Lot 15 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 20,437 square foot lot, in the R-40 District, is not permitted pursuant to Article XXIV Section 100-242A 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 has a single side yard setback of+/- 1.4 feet. Following the proposed addition, the single-family dwelling 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. In addition, the proposed accessory garage is not permitted pursuant to Article III, Section 100-33, which states, "In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard..." The proposed accessory garage is noted as being located in the side yard. ameal s,/'e pr t Examiner --- - CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require . additional review from the Southold Town Building Department. LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 Fax No. (631)734-5651 RICHARD F. LARK MARY LOU FOLTS June 17, 29,05- 1 1 Southold Town Board of Appeals ��0,0 y Southold Town Hall ( ������/// 53095 Main Road P. 0. Box 1179 \., Southold, NY 11971 RE: William Clayton and Barbara Clayton (SCTM #1000-031 . 00-14 . 00-015 . 000) Gentlemen: On behalf of William Clayton and Barbara Clayton, I am enclosing seven sets of their variance application. Also, enclosed is my Check No. 6344 payable to Southold Town Clerk in the amount of $400 . 00 for the filing fee . If all is in order, kindly place this matter on the next available Board of Appeals agenda and notify me of the date and time. If you have any questions, do not hesitate to call . Very truly yours, /( Z %?, Richard F. Lar RFL/bd Enclosures ELIZABETH A.NEVILLE Town Hall, 53095 Main Road TOWN CLERK 4 P.O. Box 1179 REGISTRAR OF VITAL STATISTICS cn Southold, New York 11971 MARRIAGE OFFICER ` � 1 , Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER ` ��� w`A ��0 Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER = OO1J f'{ ,p southoldtown.northfork.net o I' OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: June 22, 2005 RE: Zoning Appeal No. 5743 Transmitted herewith is Zoning Appeals No. 5743 - William & Barbara Clayton -Zoning Board of Appeals application for variance. Also included 1. letter from William and Barbara Clayton(two pages) 2.Notice of disapproval dated April 18, 2005 amended June 10, 2005 3. Application to the ZBA; Area variance reasons (two pages); 4. Project description(two pages); variance request discussion(five pages); five pages of photos 5. NYS DEC letter of non- jurisdiction dated February 14, 2003 6. letter from the Department of the Army 7. letter from Board of Trustees re: permit number 6085A 8. letters from John Sica, Martine Maiorana and Tony&Maria Diaz 9. ZBA questionnaire; building permit 31049Z 10. Short environmental assessment form 11. Applicant transactional disclosure form 12. authorization letter 13.property survey 14. nine pages of building plans and 15. blank page. Town Of Southold P.O Box 1179 Southold, NY 11971 _J * * * RECEIPT * * * Date: 06/21/05 Receipt#: 6344 Transaction(s): Reference Subtotal 1 1 Application Fees \ 5743 $400.00 Check# 6344 Totaf Paid: $400.00 Name: Clayton, William L. 12832 Main Road E Marion, NY 11939 Clerk ID: BONNIED Internal ID 5743 , ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 6/09/05 ZBA# NAME CHECK# AMOUNT TC DATE STAMP William and Barbara 6344 $400.00 5743 Clayaton (Richard Lark, Esq.) June and Otto 5744 Schoenstein (Jennifer 6615 $150.00 Gould, Esq.) / TOTAL $550.00 Thank you. LARK&FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 Fax No. (631)734-5651 RICHARD F. LARK MARY LOU FOLTS July 13 , 2005 RECEIVED Mrs . Linda Kowalski JUL 1 4 2005 Southold Town Board of Appeals Southold Town Hall 53095 Main Road ZONING BOARD OF APPEALS P. 0. Box 1179 Southold, NY 11971 RE: William Clayton and Barbara Clayton (SCTM #1000-031 . 00-14 . 00-015 . 000) Dear Linda: Pursuant to your Reply Form dated July 13 , 2005, I am enclosing six copies of the Notice of Disapproval amended June 27, 2005 . Very_t my yours, i°chard F. `Lark RFL/bd Enclosures cc. William & Barbara Clayton FORM NO. 3 NOTICE OF DISAPPROVAL DATE: April 18, 2005 AMENDED: June 10, 2005 AMENDED: June 27, 2005 \,S - c TO: Mark Schwartz A/C William Clayton PO Box 933 \v�f Cutchogue,NY 11935 c�'� ri\\,'' t � l Please take notice that your application dated April 18, 2005 For permit for additions and alterations to an existing single family dwelling and construction of an accessory garage at Location of property 12832 Route 25, East Marion County Tax Map No. 1000 - Section 31 Block 14 Lot 15 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 18,843 square foot lot, in the R-40 District, is not permitted pursuant to Article XXIV Section 100-242A 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 has a rear yard setback of+/- 1.4 feet. Following the proposed addition, the single-family dwelling 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 because Article XXIV, Section 100-244 states that such parcel require a minimum rear yard setback of 35 feet. In addition, the proposed accessory garage is not permitted pursuant to Article III, Section 100-33., which states, "In the Agricultural-Conservation District and Low-Density Residential R-80,R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located •in the required rear yard..." The proposed accessory garage is noted as being located in the side yard. c _ # This Notice of Disapproval was amended on June 10, 2005 and June 27,2005 to correct errors. Damon Rallis, Permit Examiner CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. Vim '` ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 7/14/05 ZBA# NAME CHECK# AMOUNT TC DATE STAMP 5743 CLAYTON, W. _ 6925 $200 TOTAL $200 By LK Thank you. Town Of Southold PO Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 07/15/05 Receipt#: 6925 Transaction(s): Reference Subtotal 1 1 Application Fees 5743A $200 00 Check#: 6925 Total Paid: $200 00 Name: Clayton, William L. 12832 Main Road E Marion, NY 11939 Clerk ID: BONNIED Internal ID 5743A ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 7/14/05 ZBA# NAME CHECK # AMOUNT TC Has,. P 5743 CLAYTON, W. 6925 $200 JUL 1J 5 2005 S ut O1d Town Cisme TOTAL $200 By LK Thank you. Of° °" ilii��- APPEALS BOARD MEMBERSI����$ Soll45, Southold Town Hall Ruth D. Oliva,Chairwoman 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer *�� 4 Southold,NY 11971-0959 Vincent Orlando co, Office Location: James Dinizio,Jr. • t, Town Annex/First Floor,North Fork Bank Michael A. Simon : lf' eOUNTI 54375 Main Road(at Youngs Avenue) ��� Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 September 30, 2005 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: Appl. No. 5743 (William and Barbara Clayton) Action Requested: Rear Yard Setback and Yard Location Variance Within 5Q0 feet9f (x__)_Slate r CountyJ3aad ( )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, Ruth D. Oliva, Chairwoman By: Enclosures COUNTY OF SUFFOL- - Tv,STEVE LEVY • SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR OF PLANNING October 6,2005 Ms. Ruth Oliva, Chair 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 a disapproval. Applicant(s) Municipal File Number(s) Dash, Barbara&David 5672 BCB Realty Holding Corp. 5739 Clayton, William &Barbara 5743 Very truly yours, Thomas Isles,AICP Director of Planning S/s Christopher S. Wrede Planning Aide CSW:cc M.\ZONING\ZONING\WORKING\CHRISLD\aug\sd5680.sep doc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR P.O.BOX 6100 (516)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(516)853-4044 } .. C 6 r " ZONING BOARD OF APPEALS ���� TOWN OF SOUTHOLD: NEW YORK V ---- X In the Matter of the Application of AFFIDAVIT OF William Clayton and Barbara Clayton MAILINGS (Name of Applicants) CTM Parcel #1000- 31 - 14 - 15 X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BARBARA DIACHUN residing at 875 School House Road, Cutchogue ,New York, being duly sworn, depose and say that: On the 29th day of July , 2005 , I personally mailed at the United States Post Office in cut chogue ,New York,by CERTIFIED MAIL, RETURN RECEIPT REQUES lED, 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 ())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. 631.0244-&_ i1;414.) (Signature) Barbara Diachun Sworn to before me this 5th day of -August 200 5 ota Public MARY LOU FOLTS Notary Public,State of New York No 01F01000858-Suffolk County PLEASE list, on the back of this Affidavit or on a is ieet3or p-aper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. .. *, Y LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY,AUGUST 18, 2005 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, August 18, 2005, at the time noted below (or as soon thereafter as possible): 1:00 p.m. WILLIAM AND BARBARA CLAYTON #5743. Request for Variances under Sections 100-33 and 100-244, based on the Building Department's Notice of Disapproval, amended June 27, 2005, concerning proposed additions with alterations to the existing dwelling with a rear yard setback at less than 35 feet, and new accessory garage building in an area other than the required rear yard, at 12832 Route 25, East Marion; CTM 31-14-15. The Board of Appeals will hear all persons, or their representatives, desiring to be heard 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. If you have questions, please do not hesitate to call (631)765-1809. Dated: July 29, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN • By Linda Kowalski APPEAL NO. 5743 .:ILLIAM CLAYTON AND BARBAhm CLAYTON 1000-031 . 00-14 . 00-008 . 001 ' U.S. Postal Service,. ru CERTIFIED MAILTM RECEIPT o (Domestic Mail Only;No Insurance Coverage Provided) rr For delivery information visit our website at www.usps.come' "" Q^ siTQ , i�lY iI39A L U m moi" I m Postage $ 0.37 MIT III 35 \G 1+''-- 'm Certified Fee i �v )G''107 2.30 C�.Return Reciept Fee , (Endorsement Required) 1.7,, t -- , OI Restricted Delivery Fee r;. IjQ —'1 LW (Endorsement Required) r h.. C /(0--41 Total Postage&Fees $ `�`.42 C705. ��� 10 Sent To William Hukill N &treat,Apt.Na.; or PO Box No. 1770 Stars Road City,State,ZIP+4 Eagt Marion, NY 11939 PS Form 3800,June 2002 See Reverse for Instructions i 1000-031 . 00-14 . 00-008 . 002 U.S. Postal ServiceTM m CERTIFIED MAILTM RECEIPT O (Domestic Mail Only;No Insurance Coverage Provided) 1T For delivery information visit our website at wwwusps.coni® m PIP D Y .�.`t1'9Ir=e� L U E m Postage $ 0.37 , UNIT-lj�t;�0� 5 I,l �,' 1 o cemned Fee 2.30 U , .30 C'i e D Return Reciept Fee r postmark �C11, (Endorsement Required) 1.75 fl(� N Here --• D Restricted Delivery Fee j (Endorsement Required) ,lerr'I F,7R(�F v? r1ti poi notal Postage&Fees $ .42 '07/2.91F-7,- Total civ . Q Sent To o Mary Diaz N Street POe o. 12580 Route 25 1 City,State,ZIP►4 East Marion, NY 11939 _ PS Form 3800,June 2002 See Reverse for Instructions 1000-031 . 00-14 . 00-009 . 000 I U.S. Postal Service,. i rn CERTIFIED MAILTM RECEIPT O (Domestic Mail Only;No Insurance Coverage Provided) D- For delivery information visit our website at www.usps.come m EG FRIE if G9P9A, i m r Postage MEM U uu7i i L_y0 r l? Certified Fee 1 (Endorsement eRequired] rsPOstmark l r�ere i„% 0 Restricted Delivery Fee \ o ,��, tri (Endorsement Required) UI+'I'E•° .`7RC�CrO/ Total Postage&Fees 'P- 0,;.--,), cpr•`,- ��- / /45 O Sent To CI John Sica & Maria Lucia I 1-`- Street,Apt No.; ' or PO Box No. 12860 Route 25 City,State,ZIP+4 East Marion NY 11939 PS'Form3800,.June.2002 See Reverse for-Instructions, I Page 1 of 2 • • A, APPEAL NO. 5743 - .ILLIAM CLAYTON AND BARBARti "CLAYTON 1000-031 . 00-14 . 00-013 . 000 U.S Postal ServiceIM ID ui CERTIFIED MAILTM RECEIPT a (Domestic.Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® ; D" ITI D, Ea;ZE` 1'94 A L U S in Postage $ 0.37 UNI!Ill: 0935 p Certified Fee ����\ Return Reciept Fee G Po aarrk\ (Endorsement Required) x.,75 N Here-": Restdcted Dellve Fee �� I i (EndorsementRequlred) 3 Clc�liE;,;, j,J!i�OE,f Total Postage&Fees $ i= 4.42 u. )571.26.31/0: �� • Ezi Sent To �,9� a Martine Maiorana o.; o Poe O. 12680 Route 25 City,State,ZI12+4 .�. East Marion, NY 11939 PS Form 3800,June 2002 See Reverse for Instructions' Page 2 of 2 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK X In the Matter of the Application of AFFIDAVIT OF SIGN WILLIAM CLAYTON and BARBARA CLAYTON POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 31 - 14 - 15 X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, WILLIAM CLAYTON residing at 12832 Main Road, East Marion ,New York, being duly sworn,depose and say that: On the 2nd day of August ,2005 , I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of-way(driveway entrance)— facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to that date of the subject hearing date,which hearing date was shown to be August 18, 2005 (Signature) William Clayton Sworn to before me this 9th day of August , 200 5 adiaLet t.,01z-icke,g—) BARBARA DIAL (Notary Public) Notary Public,State of New York No 01DI4035190-Suffolk County, Commission Expires Oct 31,2000 *near the entrance or driveway entrance of my property, as the area most visible to passersby. f • '1- APPEAL NO. 5743 - LLIAM CLAYTON AND BARBARA DAYTON 1000-031 . 00-14 . 00-008 . 001 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature���� / item 4 if Restricted Delivery is desired. X e,f.,/ ��- _ " ..,,,,,,i," ❑Agent • Print your name and address on the reverse 0 Addressee so that we can return the card to you. B. Receive by(Printed Name) C. D-te of Delivery I • Attach this card to the back of the mailpiece, y i� , /e„?/ .z, /; 0 I S or on the front if space permits.ermits. L !� D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No William Hukill 1770 Stars Road Fast Marion, NY 11939 ' . 3. Service Type l Certified Mail 0 Express Mail ❑Registered 0 Retum Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from servicelabeq 7004 0750 0003 3399 9012 [ 1 PS Form 3811,February 2004 - Domestic Rt P, 102595.02-M-1540 eturn Recei I 1 1 , 1; , 1 iif 1.' s , l i':, iii :!i , if MP. 1000-031 . 00-14 . 00-008 . 002 r SENDER: COMPLETE THIS SECTION COMPLETE THIS SECT/ON'GA(DELIVERY 1 ■ Complete items 1,2,and 3.Also complete A. Signatu , 1 �/ item 4 if Restricted Delivery is,desired. f 111Xir- ,-,, I Print your name and address on the reverse t / 0 '-'4'y t so that we can return the card to you. � ; 4 ❑Addressee { ■ Attach this card to the back of the mailpiece, B. Received by(Pn ed N. e, or on the front if space permits. C. Date of Dehve 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yps 'If YES,enter delivery address below: o ilMiry Diaz 12580 "Route 25 last Marion, NY 11939 l 3. Service Type It Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise I ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) f I 2. Article Number --- ❑Yes 1 ' ' ' f f 'fl 170043:39:9119036- 1 I (Transfer from servicef/atie9l N 3 I :; q7 5,0 0 0,0 3j 1; PS Form 3811,,Februa ry 20041 Domestic Return Receipt i `' f ; •,. i , 102595-02-M-1540 1000-031 . 00-14 . 00-00'9 . 000 1- i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY 1 • Complete items 1,2,and 3.Also complete Sig = ure item 4 if Restricted Delivery is desired. x S.-7W ❑Agent ■ Print your name and address on the reverse L1 A= 'ddressee so that we can return the card to you. eive. by Primed Name) C. 'ate.f Delivery ■ Attach this card to the back of the mailpiece, ' A S'ka A "y O.._ or on the,front if space permits. D. Is delivery address different from item ? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No ohn Sica & Maria Lucia 2860 Route 25 , .ast Marion, NY 11939 3. Service Type XJ Certified Mall 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. - 4. Restricted Delivery?(Extra Fee) 0 Yes 2. ArticleNuniberi '` i •' : ` , ::7OU4 07 0; 0003 3399 9043 1 `l iii' : f: i'.i . . . f (Transfer'froth service label PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 ? I i` li FM ' . it , it i iiit; I is I {f. i , f : - • ) Page 1 of 2 J 4 'w t APPEAL NO. 5743 - LLIAM CLAYTON AND BARBARA DAYTON 1000-031 . 00-14 . 00-013 . 000 SENDER: COMPLETE THIS SECTION' COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 41 Restricted Delivery is desired. X / gent IIPrint your name and address on the reverse / ' 0 Addressee f so that we can return the card to you. B. Received by(Printed Name) C. Date of Delive ■ Attach this card to the back of the mailpiece, /S yg_t`3�L S �A R I , or on the front if space permits. X30'O D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑fg Martine Maiorana i12680 Route 25 ., East Marion, NY 11939 ^ 3. Service Type El Certified Mail 0 Express Mail ❑Registered ❑Return Receipt for Merchandise Cl Insured Mail ❑C.O�D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ' i. i ;: i 17004 0750;,00,03 1399!'9050 ' (Transfer from service label) I i i_ e;E z i PS Form 381;1•„February, t• , + P ; + �2004 . ,l Domestic ReturnRecei • • • •; i ;j + , 102595-02-M•1540 I i ; + ii jli ; it lii t ii ;iii itiliilti i i ,if i lull Page 2 of 2 • LARK 4i FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 Fax No. (631)734-5651 RICHARD F. LARK MARY LOU FOLTS August 9, 2005 Mrs . Linda Kowalski Southold Town Board of Appeals 53095 Main Road P. O. Box 1179 Southold, New York 11971-0959 RE: William Clayton and Barbara Clayton Appeal #5743 Dear Mrs . Kowalski : Pursuant to your letter dated July 19, 2005 in connection with the above-captioned matter, I am enclosing the Affidavits of Mailings and Sign Posting. Also enclosed are the green signature cards from the certified mailings . Very t my yours, 56-11Richard F. La k RFL/bd Enclosures r _-1F , .4 ' ma . ., 1 It.: . , ` Town of Suhold ZBA.` ..: ^ ,r.,)-,-,-,: ' t,C)App. Name.. O'Tax Map Q,•-File No.EY l tF 1 O II SEQRA , Board Member Michael Simon :: Cl Unliste - _ a �` Search: Hearing-Time: 1:)0)OPN —'=' File.Number: 5743 ! ^ Tax Map:1 31.-14-15 , App.,Name: Cla on William and Barbara ^ ' Received Date: 6/2,0/05 Tot. Fees: J $�600:00jf ° Hamlet 'East Marion i Type: Residential Zone F--4-0-711, `-`Date forwarded to Town Clerk .r 7/14/05 ''' Meeting•Dates £Buildin•g`-Dept. • Status: Closed Complete ;'Action: Approved � •� Location: 12832 Route 25 11 Meeting Date 111;ND Date:1 4/18/05 , Short "._, Addn/alt; construct garage; Rear yard less than 35 Hearing Date i 8/18/05 ND-Date 2 6/10/05{ ft.; project shows 1.4 ft; Additionally, proposed ; -Hearing Date.2imi ND,Date 3 /27/05 61,,.. lcopy , ,, garage is located in side yard; XXIV, 100-244 and ';l• -, - - I ""` 111_100-33. -"!---:,,,- 1-1 Hearing,Date 3' 'ND Date`4 G. :. ' - Hearing Date 4 i NO:.' ----7.Date 5 1. Revised site surve received; complete 7/14 for $ R' Notes ,, 8/18 PH. Site is before causeway in EM LWRP form .Hearing-Date 5; ND Date 6 . submission complete, RO reviewed. •Action•Date; 9/1/05 ND Date-7 9/21/05‘'Li 11.05 AMCAPS., ;NUM M - Developed by the,Southald Towri Data.Prbtessing Department Nassau Point Road, Cutchogue; Sections 100-242A and 100-244, CTM 111-8-18 based on the Building 9:50 am BENEDICT 7-- Department's May 25, 2005 LIO #5753. Request ; Notice of Disapproval,concern- Vanance,based on the Bi ' mg proposed second-floor addi- Department's March 22, 2005 tions with alterations, and one- Notice of Disapproval concern- story addition,which when locat- mg an addition to an existing ed at less than 15 feet on a single dwelling. The reason for disap- side yard will increase the degree • proval is that Section 100-31A of nonconformance. Location of states that"no building or prem- Property: 25270 Maui Road, ises shall be erected or altered Cutchogue;CTM 109-3-3 which is arranged, intended or 10:55 a m. ROSE HAJEK designed to be used,in whole or #5747. Request for Variances in part,for any uses except (1) under Sections 100-242A and One-family detached dwellings, 100-244,based on the Building not to exceed one dwelling on Department's June 11, 2005 each lot The new construction is Notice of Disapproval concern- proposed on a lot which contains ing proposed additions with alter- more than one dwelling. ations to the existing dwelling, Location of Property: 445 creating a new nonconformance Kimoggenor Point Road, New and increase m the degree of non- Suffolk,CTM 117-10-1. conformance when located less 9.55 a m JOHN MORSE than 40 feet from the front lot line #5726. Request for Vanances and less than 50 feet from the rear under Zoning Code Sections lot line, at 15305 New Suffolk 100-239.4B, 100-242A, 100-33; • enue—ii rat wo 1—Road 100-244,based on the Buil .1 ew Suffolk,CTM 117-6-15 Department's Apnl 25, "00 1.00 p m WILLIAM#5743 AND Notice of Disapproval,a ended BARBARA CLAYTON June 13, 2005pconce i''g pro- Request for Vanances under posed additions with sub •.tial Sections 100-33 and 100-244, reconstruction of the exis .1 based on the Burldin dwelling. The reasons stated in r•.• .. tis--Id of the disapproval are that (a)the Disapproval, amended June 27, new additions to the accessory 2005,concerning proposed addi- garage will be an increase in the tions with alterations to the exist- degree of nonconformance when ing dwelling with a rear yard set- located less than 40 feet from the back at less than 35 feet,and new front lot line and less than 5 feet accessory garage building in an from the side lot line; (b) the area other than the iequired rear substantial reconstruction to the yard, at 12832 Route 25, East dwelling,with additions,will be Marion,CTM 31-14-15. less thatr50 feet from the rear lot 1 15 p m ANTON SETTLER line and less than 75 feet from the and MARLA MILNE #5752. bulkhead.,Location of Property- Request for Vanances under 820 Old Salt Lane, Mattituck, Section 100-244, based on the CTM 144-5-15 Building Department's June 20, 10.05 a m. BCB REALTY 2005 and July 18,2005 Notices HOLDING CORP. #5739. of Disapproval concerning pro- Request•for a, Vanance under posed deck addition,inclusive of Section'100-103-C,based on the pool/spa structure,and new front Building Department's April 22, entrance additions,both less than 2005 Notice of Disapproval,con- 35 feet from the front lot line,at cerning a new building with 185 Osprey Nest Road, greater than 60 feet of frontage Greenport;CTM 35-6-36. .OUNTY OF SUFFOLK (building width) on one street; 1:20 p m. JANE COCKERILL 74825 Main Road, Greenport; #5741. Request for a Vanance TATE OF NEW YORK ss: 45-4-8 3 Zone District.General under Section 100-30A.3,based Y Mclaughlin, M. MClau 1111n, B Business. on the Building Department's 10:15 a m. OTTO and JUNE May 18, 2005 Notice of ✓ora, says that she is SCHOENSTEIN #5744. Disapproval concerning an addi- Request for a Lot Waiver under tion with alterations to the exist- dvertising Coordinator,of Section 100-26 to unmerge ing dwelling, as built with new atChntatt, a public newspl County Tax Map Ref.1000-57-2- nonconformance as located, at Southold, in Suffolk Cour 6(vacant land),from CTM 57-2- less than the code-required 15 2.1 (improved land) Based on feet from the side lot line,at 700 notice of which the ar the Building Department's Birdseye Road,Orient,CTM 17- tasted co has been ubli November 22, 2004 Notice of 2-1 14. - pi p Disapproval, amended June 13, 1 25 p m MARK PALLADI- avelet Watchman once 2005, the properties have been NI#5756. Request for a Vanance merged in this R-40 Low-Density under Section 100-244,based on r /... .week(s) s Residential Zone District,under the Building Department's June mmenC ng on t �� Section 100-25 Location of 20, 2005 Notice of Disapproval • Property: 500 and 580 Island concerning an addition proposed ''L� ,2( LEGAL NOTICE View Lane,Greenport. at less than 40 feet from the front ��` SOUTHOLD TOWN BOARD 10.25 a m. JOYCE ORRIGO lot line, at 585 Donna Dnve, 67 /' OF APPEALS #5740. Request for a Lot Waiver Mattituck;CTM 115-16-5 7 THURSDAY,AUGUST 18, under Section 100-26 to unmerge 1 30 p.m. LOIS AMEND 2005 PUBLIC HEARINGS CTM 40-2-12 (vacant), from #5755. Request for a Variance NOTICE IS HEREBY GIVEN, CTM 40-2-11(vacant).Based on under Section 100-244,based on pursuant to Section 267 of the the Building Department's June the Building Department's June 3, , Town Law and Chapter 100 9, 2005 Notice of Disapproval, 2005 Notice of Disapproval con- (Zoning) Code of the Town of the properties have been merged ceming aporch addition proposed Orn to befor a this. . Southold, the following public in this R-40 Low Density at less than 40 feet from the rear ..A(.(,I Q.I".IT.,2005. hearings will be held by the Residential Zone District under lot line,at 265 Highwood Road, SOUTHOLD TOWN BOARD Section 100-25. Location of Southold,CTM 78-9-52. _ OF APPEALS at the Town Hall, Property: 66425 C.R. 48 and 1 35 p m. ANDREW and ,;,; 53095 Main Road, P O Box Homestead Way,Greenport,Map DAWN DUERWALD #5754. X11 1179, Southold, New York of Eastern Shores,Section I,Ref Request for a Variance under 11971-0959, on Thursday, 152 and 153. Section 100-244, based on the Notary Public August 18, 2005, at the times 10:35 a.m. PETER SHERWIN Bwldin Department's June 22, noted below (or as soon there- #5729. Request for a Variance 2005 Notice of Disapproval con- after as possible): under Section 100-30A 3,based cerning proposed additions at less 9:40 a.m. CHARLES and on the Building Department's Emily Hamill KATHLEEN WATSON #5738 MayP 4, 2005 Notice p of See Legals next pagel NOTARY PUBLIC,State of Nei Request for an amended Variance Disapproval concerninga pro- g P g No 0111A5059984 Qualified in Suffolk Count Commission expires May 06,: r Liege's from preceding page cenring a new accessory garage proposed division of land,for the 2 proposed m a front yard at less reason that proposed lot No.I will c than 40 feet from the front lot line, than 40 feet from the code- be less than 150 proposed/in lot width ]t at 95 Clearview Avenue West reG o e dCf ek l�]ene,outho d0 (front a a)esthanddp8posed sq.ft. -Ti Southold CTM 70-8-4. 1•en-- ...-...- ('7Td 7it_5_z .-. . _ __.9• © ZONING BOARD OF APPEALS Emails: Linda.Kowalski( Town.Southold.ny.us Jayne.Martin(i1 Town.Southold.ny.us Web site http://southoldtown.northfork.net (631) 765-1809 ext.5012 or 5011 at start of recording fax(631) 765-9064 TRANSMITTAL L(-t t� �iil !1 To: JC ' RCdf DATE: 2 I oZ /2005 REF: Hearing Date: g AO D( Applicants: . ( DI-) Agenda Item for Meeting ofr/ %05. (x ) Info attached for your information and review. .40rli tt /474-1-cfr71-_, ty, OL ," �C 1�0 (J�Alt.C11 0 Al ,t o .2A-d bvv 0,1) rat.rnu2-72ij(o-D )1t-t-1;e1; / . Thank you. �n 2�01 Pages attached: l . v`, LEGAL NOTICE SOUTHOLD TOWN OARD OF APPEALS THURSDAY, AUGUST 8, 2005 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the f ollowing public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town/Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, August 18', 2005, at the time noted below (or as soon thereafter as possible): 1:00 p.m. WILLIAM AND :ARBARA CLAYTON #5743. Request for Variances under Sections 100-33 and 100- 44, based on the Building Department's Notice of Disapproval, amended June 10, 2005 concerning proposed additions with alterations to the existing dwelling with side yard s-'back at less than 10 feet, and new accessory garage building in an area other than the req fired rear yard, at 12832 Route 25, East Marion; CTM 31-14-15. The Board of Appeals will h-ar all persons, or their representatives, desiring to be heard or desiring to submit written statements, before the conclusion of each hearing. Each hearing will not start earlier than designated a•ove. Files are available for review during regular business hours. If you have questions, please go not hesitate to call (631) 765-1809. Dated: July 19, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski H AKING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: . 'AME : CLAYTON , W. AND B . #5743 MAP #: 31 - 74- 75 APPEAL : Variances-Yard Locations FEQUEST: House Addns . and New Garage DATE : THURS . , AUGUST 18 , 1 : 00 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 . CONING BOARD-TOWN OF S * UTHOLD 765- 1809 OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex, NFB Building,54375 Main Road at Youngs Ave. Southold, NY 11971-0959 (631) 765-1809 fax(631) 765-9064 • -739 REPLY FORM DATE: -71/3/Cc TO: c'7' FAa5 aJ ZB Ref# '5-74/.3 - bi " Date of Building Inspector's Notice o bisapproval: '//li/d5._ (:.1 e o iof .) Oa? 1195 ( ) The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the following: 1* (/) Please furnish seven (7) sets of the following (within ,thouta days if possible in order that the application can be advertised for the public hearing calendar date of : 9, .2005- ). The advertising deadline is 22 days before the meeting date. You may forward the information by fax at 765-9064, however, please send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. ( Missing information- e_ �- ,,. C ( e44 Ilh ° alt-1 OTHER/INFORMATION REQUESTED,when possible (7 sets with cover/transmittal sheet): ( ) Filing fee$ ; Check amount was: $ 1/cb . Please contact our office (or send new check). ( ) Available survey showing existing property/building details, with licensed surveyor information. ro k -1-6 /'«.il �cail-4. jl. (v-) Architectural,,�map or updated survey/`showing dimensions of existing and proposed new 4 construction areas, setbacks to property lines, and building lot coverage calculations --/-4,4e—et."--e. ,oQ � ci ae_4_, `ill cia: ,)4 Qa ( ) Rough diagram or sketch with building height (# of stories and distance from ground to top/ridge z" s detail (and mean height, if known); also landscaping proposed in the area of the construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. \>1c: �M J ,� � d -1 (:� 4� i 4.442.6-L), _/ x-, O'-tom 4 2. .,_ 1�fy . - - Thank you. Via///1-t f 4< in�.�c�2� .sem- c (Lau ,ate , , , . . _ . „._ .. ....... , . . .... , ...._ __.... I- -Town oir-southold :ZBA i't........eP 1_0;P,kpp. Name, '0 Tax Ma, - JCD:File No.-1 FII SEQiiki i -- Board 157o7"------rMichael Unliste , 1;.SearCh:' j tHearing '71:7: Al. ---.'"' ' '---,', ----.,.,•• ,------ .1.1'',''iso Other Time: 11M, i'7 -' €,File Number 5743 11 Tax Map -31.-14-15 - 2... ;. ..._.. „. • .„ - .-.,, , . . . -,,,....... „_ . , „......... ,„ ., : . i--ApP. NaMe: )Clayton, William and Barbara 1; ' Received Date: FIV767!Tot. Fees; 1770070-97- ----•.--.,------,-------b _ ,... - iHarrilet ' East waz-ni Type ResicW14 Zone F-417-1, Date forwarded to Town Clerk Status 7-----7-, . ---- " Status TIVev\--7----7.ActiOnr------- ;: Meeting Dates - Building Dept, i - i Elr1 '1 Location 11.2832 Route 25 i! Meeting Date ll'N12(Date /18/2005 t .11 /, na.........r Date IILND . 7iã/2005J7iã/2005J7iã/2005J -Short , Addn/alt; construct garage; SYSB min 10 ft. - • - .Hearing Date I- - i E Dec _ allowed; project shows 1.4 ft.; Additionally, tt Hearing Date 1---i ND Date . , ii • , ilcopy iigt2i' ,proposed garage is located in side yard; )0(IV, 100- 4 11 ' Hearing Date I-1ND Date , ................_ l Hearing Date —7ND'Date ---7' b ilNotes , 11-; Hearing Date -I1 ND Date 1.----u,- Action Date:, 1711 ND,pate, ,1_, . . .: __ [',§72.0/299§ i 112:04 PM:L*S 11 NUM 11 ' -e ' - , , ,. . ,, ,, - Developed by the Southold Town Data Processing Departmen4 ., ..„ 1/ / I , / / LARK& FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 RECEIVED CUTCHOGUE,NEW YORK 11935 JUL 2 0, 2005 Tele.No.(631)734-6807 Fax No. (631)734-5651 W5-7 ZONING 1C1 0 OF APPEALS RICHARD F. LARK 1=///orF J MARY LOU FOLTS July 19, 2005 Mrs . Linda Kowalski Southold Town Board of Appeals Southold Town Hall 53095 Main Road P. O. Box 1179 Southold, NY 11971 RE: Willi& Clayton a e' Barbara Clayton SCTM ; iii-' . 00-14 . 00-015 . 000) Dear Linda: Pursuant to the letter of the Department of the ZBA dated July 15, 2005, I am enclosing three copies of the LWRP Consistency Assessment Form which have been executed by my clients . Very truly yours, Richard F. Lark RFL/bd Enclosures ' of Southold I\ RECEIVED LWRP CONSISTENC'Y ASSESSMENT FORM JUL 2 0, 2005 A. INSTRUCTIONS ZONING BOARD OF APPEALS 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 - 31 - 14 - 15 The Application has been submitted to(check appropriate response): • Town Board El Planning Board❑ Building Dept. ❑ Board of Trustees ❑ L Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital 1-7 construction,planning activity,agency regulation,land transaction) ❑ (b) Financial assistance(e.g. grant, loan,subsidy) • (c) Permit, approval,license,certification: ❑x Nature and extent of action: To extend second floor of existing house and replace existing shed with a two-car garage. J L f LOcationofaCtion: 12832 Main Road (State Route 25) , East Marion, New York 11939 Site acreage: . 4 3 3 acres • Presentlanduse:. residential • . Present zoning classification: R-40 District 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: William Clayton and Barbara Clayton (b) Mailing address: 12832 Main Road, East Marion, NY 11939 • (c) Telephone number:Area Code( ) (6 31) 477-9572 (d) Application number, if any: N/A Will the action be directly undertaken,require funding, or approval by a state or federal agency? Ycs ❑ No 0 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 character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWP Section III—Policies; Page 2 for evaluation criteria. • ❑Yes ❑ No El Not Applicable Building already_in place. AMMY Attach additional sheets if necessary 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 11 No El Not Applicable ' Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section 1 —Policies Pages 6 through 7 for evaluation criteria n Yes n No n 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 n No 0 Not Applicable Attach additional sheets if necessary • Policy S. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria El Yes n No ®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 evaluation criteria. Yes n No x® 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. fl Yes []No fl Not Applicable • 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 El No Q Not Applicable PUBLIC COAST POLICIES • Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III —Policies; Pages 38 through 46 for evaluation criteria. 0 Yes El No El Not Applicable 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 locations. See LWT Section III—Policies; Pages 47 through 56 for evaluation criteria. El Yes El No 11 Not Applicable a • Attach additional sheets if necessary 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 0 No 0 Not Applicable • • Attach additional sheets if necessary • Policy 12. Protect agricultural lands in the Towns of Southold. See LWRP Section XII—Policies; Pages 62 through 65 for evaluation criteria. ❑Yes 0 Noll Not Applicable • Attach additional sheets if accessary 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 0 No I:2 Not Applicable William Clayton l ) _ e_ kt�, Created on 5/25/05 11:20 AM Barbara Clayton Sworn to before me this • No- day of July, 2005 ` ," " RECFIVED ac4g44_0, ,),QLt414 Notary Public _ JUL ® 2005 BARBARA DA Notary Pubic,State of New Yak No 01D44835190.Sulfok Courtly 39 Comogsoloo Expires Oct.31,200 fa. ^7.ONING�80ARp OF APPEALS