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HomeMy WebLinkAbout5658 n o tc.2 -161360, "1.3-2„.5? Hn)[��14�7�Q - 5 y S�J fl 3/3106 n - 3//D/06--- ` • APPEALS BOARD MEMBERS , :0 S0Ut* Southold Tow n Hall Ruth D. Oliva. Chairwoman e 1p A 53095 Main Road • P.O. Box 1179 Gerard P. Goehringer /it * Southold. NY 11971-0959 Vincent Orlando Office Location: James Dinizio. Jr. `. e Town Annex/First Floor. North Fork Bank Michael A. Simon ``- cony0 54375 Main Road tat Youngs Avenue) • - Southold. NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED Yom/ TOWN OF SOUTHOLD /l-ysHM Tel. (6311 765-1809• Fax (631) 765-9064 APR 1 5 2I FINDINGS, DELIBERATIONS AND DETERMINATION4Qe ___ MEETING OF MARCH 10, 2005 l outhold Town CLrk ZB Ref. 5658 — PETER WARNS Property Location: 8740 Peconic Bay Boulevard, Laurel CTM 126-5-2.1 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 31,450 sq. ft. parcel has 75 feet along the south side of Peconic Bay Boulevard and 97.02 feet along Peconic Bay, in Laurel. The property is improved with a 1-1/2 story, single-family dwelling. BASIS OF APPLICATION: Building Department's September 20, 2004 Notice of Disapproval, citing Sections 242A, 100-239.46, and 100-244 in its denial of a building permit to construct additions and alterations to the existing single-family dwelling. The reasons stated by the Building Department are that: (1) there will be an increase in the degree of nonconformance with a proposed single side yard at less than the code required 15 feet; and (2) the setback from the bulkhead is less than 75 feet. It is also noted that the total side yards are shown at 29.9 feet 3.5 feet, for a total of 33.4 feet instead of the code-required 35 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 3, 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 wishes to construct a second-story addition with alterations to the existing dwelling as shown on the survey prepared by Daniel P. Jedlicka dated 7/13/98, with overlay diagram. The second-story addition will be 64 feet from the bulkhead at its closest point, 3.5 feet from the south/west side yard at its closest point, and 4.1 feet on the opposite south/west corner for the second-story addition. The total side yards will be 29.9 feet and 3.5 feet, or 33.4 feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: - Frage 2—March 10,2005 • ZB Ref. 5658—Peter Warns 1110 CTM ID: 126-5-2.1 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The home is presently 64.357 feet from the bulkhead, measured from the most southeast corner of the building, and 3.5 feet from the south/west side. The neighborhood consists of lots with variable, narrow widths and containing two- story buildings with nonconforming side yards similar to the applicant's request. The total yard areas will exceed the code required The easterly yard area will remain unobstructed for a width of at least 29 feet, and the addition is proposed over the existing first floor area, presently 3.1 and 4.1 feet from the westerly side property line, without creating a new nonconforming setback. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the applicant wishes to retain the existing first area of the home and to build up, as well as expanding to the east side with a side yard of 29 feet. 3. The variances granted are substantial. The code requires a minimum of 15 feet on a single side yard, and the relief results a 76% reduction of this requirement. The total side yards will be 33.4 feet, for a 1.6 ft. reduction, or 4.28% less than the code required 35 feet. The bulkhead setback will be a 10.7 ft. reduction, or 14% less than the code required 75 feet. 4. The difficulty was self-created and is related to the need for additional floor area, with a plan that was designed to take advantage of the existing first floor area of the home which does not conform to the code's setback requirements. 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 a second-story addition, 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 Goehringer, seconded by Member Simon, and duly carried, to GRANT the variances as applied for, as shown on the sketch of construction details, and survey diagram with overlay, prepared by Daniel P. Jedlicka dated 7/13/98. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Dinizio, and Simon. This Resolution was duly adopted (5- Ruth D. Oliva, Chairwoman 4/14/05 Approved for Filing SURVEY OF:PART OF LOT 2 MAP OF:PROPERTY OF A.L.DOWNS „ SITUATE AT:LAUREL `•• v, TOWN OF SOUTHOLD. 'C Sits SUFFOLK CO.NEW YORK :Y1 F FILED 644/1222 MAP NO 21 RD SCTM NO IMO.126-5.2.1 374 DEED r 1 353.20'F.M. p P/OLOT2 N 33°-04'- W (DEED) _ _ o --. — -- 1 75'OFFSET LINE r } m _ _. 29 me .1 WOOD a' Q $ GRAVEL DWY. N BULKHEAD [� \ w,..•o Z CO w �,\ 233.6 I yii, , o U (13.48)T.F. (13.48) T. . A r / U 54.6' N .2 \ ..../__-- /��7 �i 2;7/ �% a W o o (13.50)T.F. GARAGE " ', . p;° o .,,�„.\ U e I° /i, aml U.1 50.1' �-----� (13.50) T.F. O 0228.4' `' % m Cl. Z 5l 0T 5,p� LOT 1 ` 3.5' 4.1 ‘ 374'DEED S 26 a 21'-20"E 364.80'F.M. 1T SA LATIONSADDITIONSTO THIS SURVEY IOL VIOLATION FSECTION7209 111 OF THE NEW YORK STATE EDUCATION LAW CERTIFIED TO: PETER WARNS DANIEL P. JEDLICKA CORETHE OF THIS SURVEY MAP NOT BEARING PROFESSIONAL LAND SURVEYOR THE LAND SURVEYORS SIGNATURE AND INK OR EMBOSSED SEAL SHALL NOT BE 144 OAK WOOD AVENUE CONSIDERED A TRUE VALID COPY BAYPORT,NEW YORK 11705 FILE NO. 1000 — 126 — 5 — 21 SCALE: 1" = 20' DATE:7/ 15/98 (631) 472-4243 N. Y.S. LIC. NO. 50098 • • Ts• PROPERTY SETBACK I ir Ifr4.9-01 JO Ali Prall AP sil i .r/At,./„ rriaii/ %// A 0 ilii ,i//' i _��1• ilii -3 yssJET''"44 - / IL• J , i.\\,_ L.__ I - - A LIP EXISTING HOUSE PLAN OVERLAYED ON NEW FIRST FLOOR • - w HIT r-�- a, —C-a.,--{---r-t I r-W _i' r I r-HiI r-i 15' n..--- I PROPERTY SETBACK 1 L - 41 a - T , # tor,/ ' • �✓ f p5. ROFERUNE. marsh,Il 1111 _ .__ a �.� ---- r c v I...._ IL II 1'1ui1 '11..1' I -disi MI -149.1: : O cj U 9 �Ak,%y. � ,W _ _ I ssi110 4114. — Q d � IIc r • 1 ' Mit �?i I/ c. \ Arimunoitai nal r ' , �- t �' �� II p� p� pq ITIS THE CONTRACTORS RESPONSIBIITY TO L sLi I o Pa JM - HAVE AN ENGINEER INSPECT AND CERTIFY i J THAT THE CONDITION OF THE FOUNDATION .ia.s sAl.w WILL MEET OR EXCEED ALL STATE AND LOCAL BUILDING CODE REQUIREMENTS OR - IF IT WILL REQUIRE THE FOUNDATION TO `dI__.., I r- - BE REPAIRED OR REPLACED. l rLr I I -.� _ FIRST FLOOR PLAN • • r I I I - I -- —T"'l 1 I I /011 e PRpPERNNSCK IN111 n I , g c� .EI ID— am ua . Si N a 1EMI e 1 .®_ o l M II}— 44Ik • i 14.84; 4 :1—tlf ger A 1 I---,I J I T Yrr++ •-•• +l -v v- y: SECOND FLOOR PLAN . • 40 LINE OF ADDITION TO ( I S' PROPERTY SETBACK EAST SIDE OF HOUSE T� J I ansliairwi _MW=== c = • — - — - — ___\\ _.... _-. -- - ......7t;,=...._=. --..a iaire:111:mmaii d / ,7 -•% law -- — ii-s- In 1 \ \ ma Irq 1 1 i[Toil t - `\ !! HI� ❑7_ _� \ IMG it �' \ _ G .i Sc!. az J I /� J L \ \ CSC _ r _ I _ S mm li 1� - -1 (1-----III 1 -- -1 Cpl T_ li all ,III •i�l� II r 1 ,�I 11 III I Il �I II II ' 6 N I'l I { AREAS :� �a -I'' Y" rEll Ely,. Iinil - J 1 FRONT (ROAD SIDE) ELEVATION F15' PROPERTY SETBACK 1 LINE OF ADDITION TO EAST SIDE OF HOUSE L -- • 111 -I- - - _ - I _ _ _ �!F W-AKl3i- 1 T- — - —.- -- _ ---.- _ - 7 �_- — - - . _ _ , a �7?Tr _ I r,T-i i —�II 'i J— -! T _` i — � l � — — ! 1 I� 1 � ItIi r , =' -_— _ _ / LI— I • I��f �� 1��� I �!' l I - II;I i J •• i1LL , I -.� �i _ � '_ �I llrI; b�—T ' Ii rirrrrn I ; Iii A ri 11 IIIA �lI�i, _ii° NEwI, I I� • Ali I , � III I I'�' II'IL �I'h --_'I' 'LII 4"1 I SII i REAR (WATER SIDE) ELEVATION 75' PROPERTY SETBACK LINE tea= a• _ \ y - sw till lir ► I� D Jil ��Il �� �I '' '�� ����� ��l��i NSI% � - _= - - __- r.+ tir vit r 1 r v FT rrr i {{i =r�I �Ff�� �I i �I EThL- H I I • 1111 EXI I -" H 1 _11 L_ it 111 = IIIIL =II 1 IL lI, 1 - 191-1 I- I i -- I 1 1 iiia ILI I al 1 "1 1 ',' � 6 I I I ( ? LEFT ELEVATION 75' PROPERTY SETBACK LINE r1— J� 1 1 n 1 I 1 tAREA NOT IN QUESTION I NEWT I A • - - - -I ��`�� F IIirIli,F + -+ irI IIIII,F • . ili i IZ�y 1 IIIL1 I irk.L __ ! // III, I ,.L_ --4IL- - _ i I EXIS'CLNG AREA • , \ I AREA NOT IN QUESTION �_ _ 1 - .� T I 1111 - a I I! -1_1_1 I1 ' EXISTING AREA EXISTING AREA • 1 AREA NOT IN QUESTION ld-I_ .I I , i i 1 r J If I-1-I • r J J I RIGHT ELEVATION • 0 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 3, 2005 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, MARCH 3, 2005: 9:55 AM PETER WARNS #5658. Request for Variances under Sections 100- 242A, 100-239.4B and 100-244, based on the Building Department's September 20, 2004 Notice of Disapproval concerning proposed additions with an increase in the degree of nonconformance at less than 15 ft. min. side and less than 75 ft. to bulkhead, at 8740 Peconic Bay Boulevard, Laurel; CTM 126-5-2.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: February 1, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN -� � FORM NO. 3 L � J 8 NOTICE OF DISAPPROVAL DATE: September 20, 2(04 TO: East End Design Associates A/C Peter Warns 5130 Main Bayview Road Southold, NY 11971 Please take notice that your application dated September 15, 2043 For permit for additions and alterations to an existing single family dwelling at Location of property 8740 Peconic Bay Blvd., Laurel County Tax Map No. 1000 - Section 126 Block 5 Lot 2.1 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 31,450 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- 3.5 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. Therefore, the proposed construction is notpermitted pursuant to Article XXIV, Section 100-244 which states that non-conforming lots, measuring between 20,000 square feet and 39,999 square feet in total size, require a minimum single side yard setback of 15 feet. In addition, the proposed construction is not permitted pursuant to Article XXIII Section 100-239.4B which states. "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-live (75) feet from the bulkhead." The proposed construction represents a+/- 64 foot setback from the existing wood bulkhead. Damon Rallis, Unit Examiner ORIGINAL . APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only Fee:$G'CO_ Filed By: (4-41ti,n Date Assigned/Assignr tent No./ _ Office Notes: Lj 1P 5i Parcel Location: House No.8740 Street Peconic Bay Blvd. Hamlet Laurel SCTM 1000 Section 126 Blocks Lot(s)2. 1 Lot Size •75 ac Zone District R-40 I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: Sept emher 20. 2004 Applicant/Owner(s): Peter Warns Mailing 8740 Peconic Bay Blvd. ,LAurel, New york Address: Telephone: NOTE: if applicant is not the owner,state If applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: William C. Goggins, Esq. 13105 Main Road Address: p.p Bog 65 Telephone: Mattituck, New York 11952 174-C / p 631-298-42On_ 631-298-4214 Please specify who you wish correspondence tb be mailed to, from the above listed names: ❑ Applicant/Owner(s) (Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 9-20-04 FOR: tICBuliding Permit ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Change of Use 0 Permit for As-Built Construction Cl Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXIV Section 100-242A Subsection 244 Article XXIII Section 10U-Z39-4B Type of Appeal. An Appeal is made for: 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 Ik has not been made with respect to this property UNDER Appeal No. Year r IP I S C) Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: the addition will create a larger second floor that willbe smaller than the adjacent property on the south side of Peconic Bay Blvd. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: the existing structure is a non-conforming pre-existing structure. (3) The amount of relief requested is not substantial because: the renovation stays substantially within the existing foot print. (4) The variance will NOT have an adverse effect or impact on the physical or;environmental conciltionsln the neighborhood or district because: the renovation stays substantially within the existing foot print. (5) Has the variance been self-created? ( ) Yes, or ( ) No. If not, is the construction existing, as built? ( ) Yes, or ( ) No. The existtin stru tur was not self created, although the renovation to expand the structure rias been. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) Applicant seeks to take advantage of his waterfront property by expanding his views from the second floor and making the house more liveable for him and his children. This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safely, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney hese, plea proceed to the signature and notary area below. Signa ure of Appel nt or horized Agent orn to before me thoecesberis (Agent must submit Authorization from Owner) 15 a. F t o a Public Ir ZBA App 9/30/02 DONNA M.PALMER Notary Public,State of New York No.01PA5069978, Suffolk Courft�y(r�(/� Commission Expires December 9, ��✓ • • ` • . • • PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): Peter Warns I. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: 368 Cubic feet the first floor Square footage: 2,956 cubic feet second floor B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: Square footage: II. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square iiotage: Height:' III. Pu,pose and use of new construction requested in this application: re g i d en t i s 1 IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): Expansion of existing pre existing structure upward to increase size of second floor V. Please submit seven (7) photos/sets after staking corners of the proposed new construction. 7/02 Please note: Further changes, after submitting the above information, must he 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 (765-1309) ityou are not sure. Thank you. _ r TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET T 7 c; VILLAGE DIST. SUB. / LOT r( o &ZA) t)eie,r A-.4. •-l2a n(ne_ W1 �j / Cc /t4/1,-(i-Y- t,/ wr4rnr� ust•Pcor,c D,qy BLvn (/ "il�4.T,��f( 1 / FORMER OWNER r '-_�y N E AC 'v'2- Lf zuvt$ MC rjupnv CJll�,l TYPE 6F BUILDING 0 71, nLS.,a� ,_f (z K iR�_-�- 2ES. 2)o ' SEAS. VL. FARM COMM. CB. MISC. Mkt. Value — LAND IMP. TOTAL DATE REMARKS • • 00 c50 14606 9/ C ( i1/2,- 7Aax,"sni Coda hi Hoag brw ; I/ la ckle7�r) _= / o n -2 9 0 0 6 r 0C ` L//63 /a3 D- L» 004 ( valet- M- A I-�oclGq -Fo /J. M• 746bo44 - 945cpvv _ 3io0. i ` Zoo 73o0 4/ oWd )74,(94 - I�II-rrep9�r —s :4- 0.10a Jel, , f�bbo� .- kr1•. aeon i ,2.0094 - 174300 y 2$(2°nb /oft•795 - kit I (53r9� - Corr. op\cc d 3koo 141, Goo 11 lot Val 7Iao G(26 I7• L1/ T3 k-93 -61o* f +c F-1Lk.•4-or --f. tiArE� 10•,wero€ BUaa,L, WDeW C NDliptl to013// ini 46n"-- �- I (883p7a7 f�bboff o Warne) 4- �� - �`�75,00a N (oro N�rit\CC�-- 9EL P 1 CirS19q -E3Pa14eg - consfr, ve-34i ear r,o�,. Nous€) (la r-aee FARM Acre >r Value Per V I .to ail 31n o i I0 'Ice, ( 3 Ai?Ise` .1(or2¢m1_ 'F As A�cc e n-aa t E':.R to ec rvkas Cot ) Tillable 1 // J tillable 2 Qct CAD a ;- \0i ca. (1 -9' Fillable 3 Woodland Swampland FRONTAGE ON WATER / o O , o a rl• 3rushland FRONTAGE ON ROAD .7 5 (A T 4. ; .,, i I I) -louse Plot DEPTH -CS 0 ®.. V BULKHEAD YILfici rotal I I DOCK 1 Mk Cturdfr els.. . .. . OW i COLOR 1 -.1ki.G1, - (' /211 e c rd. �IFFLkrrL��UU,,„,, it %8..V 1 'TRIM c r i ti )211 VAAL- i le At° 11 i 1 D it 1 , /r I - r 4v, -I M. Bldg. I . ;t 3 o > 751 n.; g "p C i Foundation 4/2 lrcA/ . Bath / Dinette Extension n N ; - ' _ , ,_ ,q� Ov 'Basement Fair Floors _ ! ` K. )i.u %.r-�. Extension 3 .� S4 Ext. Walls : 41'4 Interior Finish y /01';r /l 0 .45yet i 2 ce,r 1-377 d�Gq i ✓1�jc ,c 11. e V ` LR. Extension // (Fire Place / Heat 05 /-f liJ. DR. . ID Type Roof Rooms 1d Floor BR. Porch I /0Xtq '4—..1 "'°'o -” 35'q /9Ot ..�kO t-47 0 s 0 23s—Recreation Room Rooms 2nd Floor FINS. /7 ' Porch (Dormer .}� if .rv(✓ BreezewayI ,40 Driveway — Garage 1 7 12-2, ` i r /=1 U , / .— 396 Patio /f O. B. r Total ` S 4/8T Se, Ilk / a rilpre � ' , % I- 11 _ A,. s'ip . l I ibi - 24ik rt"w tr 2 L. 121—•—•• •• 1r t 1—•—•• •• re - Cr 41,777 2( M. Bldg. 13 X 2.4 .:?..42. " (02_4 5 oo r `V Foundation c e Bath Dinette i(r 8e0 ///��" �} 1 FULL --- .Siad :_ 3� 60 75'Fa Basement c Floors Kit. Extension 3q Extension ;`N��' '� J a�`c Ext. Walls 0e��a Interior Finish - L R. Extension Fire Place 1.� �.. \ O Heat�'2o_�� PP\\ 1 ) D.R. _� Patio (tom �r to. ,eVe tc. /8$s--- Woodstove BR. Porch I 7.-f lSq ' ‘3.340-..., — Dormer Gems, Fin. B. Deck Cf-RB il'l YO 2(2-03Q Attic 110 Breezeway �0 int-47- d ( e q- _____...........„ Rooms 1st Floor Garage Driveway Rooms 2nd Floor 4-7:( 2 y , Li vitt ainfl> Pool L-4--47-CS ?F2pmp ro y-3? 125 is b ,dnix', ` M1 \ `qf \. x • • 11 , �� t r R�An a y \ n\r I;n - �Y/)i, / / \ ' r TV ;a, ll. ". ,[ T. , rP .\ . \ x \ 1 us>t s a e1 \ \\� �. • 1' \ ,l A.,©. �,a,,,.,, �� "r r\. " \,,,,,,,!•.::\::.'>� �,N Q S. p SEE mr . n ion. ,,P _ .. ' / I7. i ©. \.\30 \ . O r #,,, : \Wil. — ,.. { ..11 .,10.128 '• �k y� • „`r n. m¢ COUNTY OF l SUFFOLK O x �-� ' '°"'" SOUINULD scenes NO ... i �... O .�...�.., . .-.. - w.. ,.,,.. . 4 Ped Property lax Service Agency i I ,/ �,b -- 126 .. ,. - P rarity r.r, x.nr<m,x i nvor _ I�/✓ ,......,.. �e.i u•i ...,. —_--- ...o...,,,. — .—. n , .� P i.,nun n m��a,,, PROPER-Ti MIP --- _11 WILLIAM C. GOGGINS, I w� AtTORNEY AND COUNSELOR AT LAW 13105 Main Road P.O. Box 65 Mattituck,New York 11952 Phone: (631)2984200 Fax: (631) 298-4214 WILLIAM C.GOGGINS December 13, 2004 DONNA M.PALMER Paralegal_ Southold Town Zoning Board of Appeals 53095 Main Road DEC 1 5 2004 Southold, New York 11971 Attn: Ms. Linda Kowalski Re: 8740 Peconic Bay Blvd, Laurel, New York; Peter Warns; SCTM No. 1000-126.00-05.00-002.001 Dear Ms. Kowalski: Enclosed please find the following: 1. An original variance application and six copies thereof for the renovation; 2. Seven (7) copies of survey reflecting existing and proposed structure; 3. Seven (7) copies of the Notice of Disapproval; 4. Plans reflecting elevations and floor plans; and 5. A check in the amount of$600.00. If you have any questions, please do not hesitate to contact the undersigned. Thank you. Ve truly yours, �I it iam C. Golgml WCG\ enclosures TOWN OF SOUTHOLD BUILDING i RMIT APPLICATION CHECKLIST BUILDINGPEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey www.northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: F nJ�� of St4ri AsScc. L u Approved ,20 Mail to: ' ice.0. 13 0,� (6`]5`- Disapproved a/c '.Q AO'tf So.r t+o t N j(q 7( Phone: — tos i 8 k, Expiration ,20 A --�1 BT�g �. .ect; -P 5 20 APPLICATION FOR BUILDING PERMIT Date O1 —l`( , 20 0 INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. T crib Alis ( A-ss OC. LL_c. (Signature of applicant or name,if a corporation) KOs Soxi-t4oL.6 NY, f(`r? ( (Mailing address of applicant) State whether applicant is owner, lessee agent, architect, engineer, general contractor, electrician,plumber or builder Name of owner of premises ?E-. W z t c (As on the tax roll or latest deed) If applizanii p oration, signature of duly authorized officer (Name .fid title of corporate officer) Builders License No. NA Plumbers License No. N A Electricians License No. NJA Other Trade's License No. N A 1. Location hof land on whit roposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section 12-(o Block S Lot r,,3.4,1 Subdivision A . L,. 'Sow 14S Filed Map No. 2,( q• of AA `Y / (Name) 'f.'Gd kC, ,:,a,? 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: • a. Existing use and occupancy 'RES i bE kJ-116c- St N k FA y pwei(� b. Intended use and occupancy r DEr.r,4.- S 4MV�e FAmt` h Wet e3 3. Nature of work(check which applicable):New Building Addition V Alteration V Repair Removal Demolition Other Work (Description) 4. Estimated Cost 4 250, 000 Fee (To be paid on filing this application) 5. If dwelling,number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures,if any: Front 3$i S" ,, Rear 5�c-NC 4c Depth 56)(--04 • Height( _ 2K` i "R(Kie Number of Stories / /Z Dimensions of Same structure with alterations or additions: Front 5`(-1-`1" Rear L/S-`o" Depth -VI-O`` Height r, Z.6`-y"Tv RirsciE Number of Stories I Y7-- 8. z8. Dimensions of entire new construction: Front 611 tf« ear qS`o` Depth ..5112"0 Height e, 2 -Y"i b IZcbcie Number of Stories t %Z 9. Size of lot: Front 76:00 Rear 9%02: Depth 37`f.00( 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated IR L O 12. Does proposed construction violate any zoning law, ordinance or regulation?YES X NO 13. Will lot be re-graded?YES NO X Will excess fill be removed from premises?YES NO X 14. Names of Owner of premises?Era_ WM KS Address Phone No. Name of Architect FPosT tss6Kik /}sSOL Address f.o,9:0,. 167&So cvoto Phone No 47(os- /$62 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 survey, to scale,with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF ) KE H L- being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the A 5 fz (Contractor,Agent,Corporate Officer, etc.) - - - - - --- _ - —---- of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. SwQ to before me tin L day of d i�f l�/l Ilk( 2004 r. • c Io . Public /' 2J : s.ture of Applicant BON J.DOROSIO Notary Public,State Of New lbrk No.01006095328,Suffolk County Term Expires July 7,20.112. 4111 111111 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? El Yes )I=1 No B. Are there any proposals to change or alter land contours? 0 Yes I No C. 1)Are there any areas that contain wetland grasses? No 2)Are the wetland areas shown on the map submitted with this application? No 3)Is the property bulk headed between the wetlands area and the upland building area? No 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? Y e s D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No (If not applicable,state"n/a".) E. Are there any patios,concrete bathers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (If none exist, please state "none") F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and map as approved by the Building Department. If none,please state. G. Do you or any co-owner also own other land close to this parcel? No If yes,please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel residential and proposed use residential . • I Authorized Signatur= and D 617.20 PROJECT ID NUMBER111111 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SEAR SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1 APPLICANT/SPONSOR 2 PROJECT NAME o Peter Warns 3 PROJECT LOCATION. Southold Suffolk Municipality County 4 PRECISE LOCATION Street Addess and Road Intersections, Prominent landmarks etc -or provide map 8740 Peconic Bay Blvd. , LAurel, New York 5 IS PROPOSED ACTION• iii New n Expansion E.Modification/alteration 6 DESCRIBE PROJECT BRIEFLY Alterations/renovations of existing structure 7.AMOUNT OF LAND AFFECTED: Initially .75 acres Ultimately .75 acres 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? WI I IYes lil No If no,describe briefly: Variance for expanding a non—conforming pre—existing use 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) riResidential El Industrial El Commercial ]Agriculture El Park/Forest/Open Space Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ©Yes n No If yes, list agency name and permit / approval: Board of Health I 1 Board of Appeals 11 DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? n Yes n No If yes, list agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? QYes 0 No I CERTIF HA THE I RMATI•U PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor N e iir Date: 2 �/ f ze–r 3-04 Signature If the action is a C or Area,and you are a state agency, complete the Coastal Assess -ent Form before proceeding with this assessment .• _ . . 110 .4r_) 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: Warns,Peter (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 • 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 mployee 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 x If you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner, or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this. / d• of -December 2004 Signature: 171, �f Print Name:Pe ir War 1 iii Wllliam C. Goggins,Esq ltr ut •L�Iu4 l4: Ub b:::11298421.1WILLIAM C GOGGINS PC PAGE 02 • AFFIDAVIT Re: Peter Warns 1000-126.00-05.00-002.001 . 8740 Peconic Bay Blvd., Laurel, New York STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK) PETER WARNS, being duly sworn, deposes and says: 1. I am the owner of the above referenced property, and I hereby authorize William C. Goggins, Esq. to act as my agent and to handle all necessary work involved in the renovation and construction of my house including an application before the Zoning Board of Appeals, Board of Trustees and the Health Department. PE ER WARNS Syv -n to before me this c y day of December, 2004 2 1 NOTAR PUBLIC MARILYN HELEN CREDIDIO NOTARY NM UC OF NM JERSEY Commission Expires 4/22/204 ZBA TO TOWN CLERK CHECK AND APPLICATION FILING TRANSMITTAL SHEET DATE: DECEMBER 22, 2004 ZBA# NAME CHECK# AMOUNT TOWN CLERK RECEIPT / DATIiD 4` Warns, Peter 2736 $600.00 DEC 2 2 2004 5658 5 CCU tairiging Clerk 5659 Faucon, Estate of Henry B. 6080 400.00 Dorothy W. Faucon, DEC 2 2004 Executrix Southold Town Clerk Filed by: Total: WOO,O TownP.O OfBox Southold1179 IFF Southold, NY 11971 * * * RECEIPT * * * Date: 12/22/04 Receipt#: 2736 Transaction(s): Subtotal 1 Application Fees $600.00 Check#: 2736 Total Paid: $600.00 Name: Warns, Peter 8740 Peconic Bay Blvd. Laurel, NY 11948 Clerk ID: BONNIED Internal ID:102821 411 ,,,, ,,o�o��FFO�,rCoG\\ ELIZABETH A.NEVILLE � yd Town Hall, 53095 Main Road • TOWN CLERK et, 2 ; P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold,��,,�� Southold, New York 11971 MARRIAGE OFFICER Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER _=�01 * �aO�•'� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER ��,,,•••� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 23, 2004 RE: Zoning Appeal No. 5658 Transmitted herewith is Zoning Appeals No. 5658—Peter Warns -Zoning Board of Appeals application for variance. Also included is Zoning Board of Appeals application; Area Variance reasons; Project description; ZBA questionnaire; Short environmental assessment form; Applicant transactional disclosure form;Notice of disapproval; copy of survey and six pages of building plans and drawings. ''��OF SO!/ __ APPEALS BOARD MEMBERS �/' * 7 _ Southold Town Hall Ruth D. Oliva, Chairwoman d tiO 4 53095 Main Road•P.O.Box 1179 Gerard P. Goehringer IF ilg, Southold,NY 11971-0959 Vincent Orlando v, cc Office Location: James Dinizio,Jr. :s., ^a.. ���, Town Annex/First Floor,North Fork Bank Michael A. Simon OIitC�� Adv i��� 54375 Main Road(at Youngs Avenue) •_ ,,„ Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS �� // TOWN OF SOUTHOLD %ib'e Tel. (631)765-1809•Fax(631)765-9064 744-- air— fci April 14, 2005 William C. Goggins, Esq. P.O. Box 65 Mattituck, NY 11952 Re: ZB Ref. 5658 — P. Warns Variance Dear Mr. Goggins: Please find enclosed a copy of the variance determination rendered by the Board of Appeals at its March 10, 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 when submitting any other documents or amendments during the final review steps. Thank you. Very truly yours, Linda Kowalski Enclosure Copy of Decision 4/14/05 to: Building Department 41� COUNTY OF SUFFOLK tA TT! gl STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR OF PLANNING May 31, 2005 Ms. Ruth Oliva, Chair Town of Southold ZBA 53095 Main Rd.—P.O.Box 1179 Southold,NY 11971 Dear Ms. Oliva: 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) Stratigos, Helen 5459 Walker, Joann 5623 Moore, William &Patricia 5636 Kostoulas, Tony&Maria 5646 Catapano,Karen 5656 Warns,Peter 5658 Armstrong, Whitney B. 5661 Schetman,Richard 5667 Kellc, Barbara 5670 Springsteel, Bernard 5674 Reeve,Foster; Kremer, Valerie 5678 Elwell,Roberta 5681 Gallager, John&Joy 5682 Scripps, Robert K. 5685 Papadopoulos, J. 5687 Kofinas, Geroge D. 5693 Tison, Don; Giardi, Diane 5695 Rubin,Reed &Jane. 5697 • 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 .41 Meagher, Declan 5698 Helenic Snack Bar 5699 Krause Family Trust 5700 Very truly yours, Thomas Isles,AICP Director of Planning S/s Chnstopher S. Wrede Planning Aide CSW:cc G\CCHORNY\ZONING\ZONING\WORKING\CHRISLD\APR\BR#11 APR 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 APPEALS BOARD MEMBERS • ���01/e1►OF $f�UT Southold Town Hall Ruth D. Oliva, Chairwoman ����0� yelp 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer ; Southold,NY 11971-0959 Vincent Orlando co Office Location: James Dinizio,Jr. Town Annex/First Floor,North Fork Bank Michael A. Simon l• i �C�U������ 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 May 16, 2005 Mr. Thomas Isles, Director of Planning 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. 5658 (Peter Warns) Action Requested: Addition/Alt. Side Yard and Bulkhead Variance Within 500 feet of: ( ) State or County Road ( x )Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures • / 6.00'�. •,-Y TOWN OF SOUTHOLD PROPERTY RECORD CARD '�`^� OWNER STREET �/ 7tf 0 VILLAGE DIST. SUB. / LOT pr (.,7_52 —) > \Nrc rfls Urt G ornc 73,' BLVD 4.,(../tAut / 1 n FORMER OWNER / N ' E ACR . MC( 1,jcr i lib,Q� .-yJI �' i ,._--1,-,c ,3L.„-v,, mar,.cr?�_- A A . .c S ; W TYPE P BUILDING i zq: 2l p SEAS. VL. FARM COMM. CB. MISC. Mkt. Value •- LAND IMP. TOTAL i, DATE REMARKS 0A o o 6 (0 6 6 14 6 0 0 - 9/6Y�7� -TA o�,�s®� is r fo h �oa b w i i Catty l c- r) 3/ 0 0 a? 10 0 6000 `r� x/43 ►llas D-LiioD oca(-* M• 4. )-�o rc� +o J. M. Abbv -4 -°45�avz7-0 1 1 3icc ' ,80c) 7300 - oIv )7,47124 - L11717 ` 6.y --- i-t- 6..10A -6 Je . 1a' ci-tiH.,4.- .- Loc. +t2 o© i#7o3ao 125 12-°00 6A05 — ( 1 I 75 r c).2 - -cc3r'r. 41e_a4 KR 3‘.0 ,/, Iii, cltwo — 1-/,9Q) : X217(2 C f e:05, L.j7 � .v93 .-/--161 + +b (% 5c-c- 1 AG , ko,4©Oc�E I DK c ND,Vicie' 2001 �/ fQ- L 1IS8" D7a7 -40bo1I 1t Warns - to - 44/737000 Nto•o NO L `i1LOcW 7?"61/41_B GV ar I5199 13Paiqggq _ cohSi- %Ue-3c La.rri0 eA-/0E4se Car e FARM Acre Value Per V ILA Gj • k 3!e>, vo , a= (3A r ?,5''� !o/J.c�� / fww Atcccw.,it ;01. a i 2-k�'Qcr��o C®E Tillable 1 /" ` Tillable 2 'Ace CA 3 O'n cg, 1 1 _q Tillable 3 Woodland swampland . FRONTAGE ON WATER / 0 0 , i a c7 .a/o o 3rushland FRONTAGE ON ROAD r 1 1,0 --louse Plot • . • DEPTH <3_5'.0 _ -� .. BULKHEAD ye..... rota! DOCK ° Y �t A Ss , 1111■■■■ ��c COLOR 1i!i!I ��iiiU!Efl . '1111■■■■ !fi!!HHI ' , i iii ' :■■■■,■ , 0 . tlj 0 N ■■■■■■■ ■■■11■�1■Eil i : ..r; # X, `/e l(�.1111111•11111111111 ■■■■!M1■i■■■ '',, .;,1,1. &} 'j- ' ■ • .. ■■■■■ . 1111■■ii■■■■■ .;;' a,; '• 1' 4 num .. - - 1 1 7—I 241M0 7:- 'v__.1 ; s 'M. Bldg. A. ;C 3 D y S,,o Pirlir:Foundation d .( Bath / Dinette Extension MITAIIIMMIIIEI Basement Pailr Floors 2 i ' K. )1.4,4-,-/- rumExtension D ,�e l ' �. ,� ..-A ,.....,,,A1 • , Fact. Walls A.4444, 4c - Interior Finish }�,,,� � LR. Extension 11111111 Fire Place / Heat f-/.e'rJ. DR. IIIE Type Roof Rooms 1 Floor BR. Porch /0 X i'" ' ``''.c` U -ecreation Room Rooms 2nd Floor FIN..B. 4- 10 Ago =�/7 0 ;SS Z Porch Dormer �i ' Breezeway 110 Driveway Garage — 4 g /�X�� //"' y•-• 39v Patio _ Total __ Jr OW r ' gr ' . r .J ' j k-'t � Z4. _ � ... C:,v -ti,V,, b pit,... ---—- -- -• .(...--- . k.;.,1 .143.42,4 e7+:( .1,,,Wek (Thn6 • (p/22 • - _ __ _ .mow-_ - :=_--,----7.-----I__-- .. M. Bldg. 13 K2_.4 _212 ( :)- (4:, --.4-- 5�� �� Foundation ca Bath Dinette I FULL Extension 2.4 _ 83, r ,; 7b 4O Basement CRAWLFloors Kit. Extension uN "��5 � \� Ext. Walls C,e�or8 Interior Finish L.R. extension " Fire Place Hea kf D.R. Patio [c • \-e4-co°- 1•88,5--i . Woods�ove t� BR. yti /sttPorchI — e -- ,,� Dor ) Fin. B. Deck C�2� II Y� 41'' Attic Breezeway co..•,/,-a 41 $ Rooms 1st Floor Garage r, Driveway Rooms 2nd Floor -s sty ems et A£ `�` `) � ` f Pool . rd � It `� - /' i+�r TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER �-- -bIST. - - STREET VILLAGE DIST. SUB- LOT ACR. REMARKS - TYPE OF BLD. PROP. CLASS LAND IMP. TOTAL DATE • FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL NILLIAM C. GOGGINS, P.C.-- ATTORNEY AND COUNSELOR AT LAW 13105 Main Road J ` P P.O. Box 65 Mattituck,New York 11952 Phone: (631)298-4200 Fax: (631) 298-4214 WILLIAM C.GOGGINS March 3, 2005 DONNA M.PALMER Paralegal Southold Town Zoning Board of Appeals 53095 Main Road Southold,New York 11971 Attn: Ms. Linda Kowalski Re: 8740 Peconic Bay Blvd, Laurel, New York; Peter Warns; SCTM No. 1000-126.00-05.00-002.001 Dear Ms. Kowalski: Enclosed please find the following: 1. Affidavit of Sign Posting; and 2. Affidavit of Mailing. If you have any questions, please do not hesitate to contact the undersigned. Thank you. e truly yours, illiam C. •g WCG\ enclosures 01/05/05 10:16 FAX 2018457365 The DataFinders Group 0]002 1 J d‘ William C. Goggins PH(631) 298-4200 �:> Attorney at Law FX(631) 298-4214 13105 Main Road P.O. Box 65 Mattituck N.Y. 11952 Dec_ 22, 2004 Re: Peter Warns 126-5-2.001 8740 Peconic Bay Blvd. Laurel N.Y. Dear Bill: Last week, by chance, I removed an envelope from my Brother Jim's door. It was your fetter to me of Dec. 9th regarding the notice of disapproval issued by the Southold Building Department. My residence is on the West Side of Peter's property and my address for your records is listed below. I had meant to talk to Peter regarding your letter. It did not ask me to do anything , so I did not until I spoke to Peter. Apparently it is letting me know of the variances that Peter's proposed building violates and that you/he wants me to agree to. Rather than have you spend tons of time crafting a letter, perhaps this will suffice. I, John Abbott, owner of the property directly to the West of Peter Warns, do not object to Mr. Warns renovating the existing structure so long as it maintains the current distance from the property line. I also do not object to his renovation including a second story that is in vertical line with the current Southern footprint of the existing structure. I trust the above will suffice. If not, please let me know what else you need to solve the concerns of the Town. I will be more than happy to review whatever is needed. Very truly.yours, John Abbott 8630 Peconic Bay Blvd Laurel N.Y. 11948 (Mail address: P.O. Box 167) Mattituck NY 11952) <20041222 Co gg i n Pewa rn s> 71- is- (11_,�, s3 P M William C. Goggins PH(631) 298-4200 Attorney at Law FX(631) 298-4214 13105 Main Road P.O. Box 65 Mattituck N.Y. 11952 January 28, 2005 Re: Peter Warns 126-5-2.001 8740 Peconic Bay Blvd. Laurel N.Y. Dear Bill: With reference to your letter to me dated December 9, 2004, please note the following: I, James Abbott, owner of the property directly to the East of Peter Warns, do not object to Mr. Warns renovating the existing structure so long as it maintains the current distance from the west property line. I also do not object to his renovation including a second story that is in vertical line with the current southern footprint of the existing structure. I trust the above will suffice. If not, please let me know what else you need to solve the concerns of the Town. I will be more than happy o review whatever is needed. Please note that my mailing address of Box is very similar to that of my brother John's, Box 167. AS/ Vgry truly yours, James Abbott `8810 Peconic Bay Blvd Laurel N.Y. 11948 (Mail address: P.O. Box Mattituck NY 11952) <20050128j a m es C ogg i n R eW am s> 01/05/05 10:16 FAX 2018457n'c The DataFinders Group U1002 6J� 3 /3/b-s---PAL William C. Goggins PH(631) 298-4200 Attorney at Law FX(631) 298-4214 13105 Main Road P.O. Box 65 Mattituck N.Y. 11952 Dec_ 22, 2004 Re: Peter Warns 126-5-2.001 8740 Peconic Bay Blvd. Laurel N.Y. Dear Bill: Last week, by chance, I removed an envelope from my Brother Jim's door. It was your letter to me of Dec. 9th regarding the notice of disapproval issued by the Southold Building Department. My residence is on the West Side of Peter's property and my address for your records is listed below. I had meant to talk to Peter regarding your letter. It did not ask me to do anything so I did not until I spoke to Peter. Apparently it is letting me know of the variances that Peter's proposed building violates and that you/he wants me to agree to. Rather than have you spend tons of time crafting a letter, perhaps this will suffice. I, John Abbott, owner of the property directly to the West of Peter Warns, do not object to Mr. Warns renovating the existing structure so long as it maintains the current distance from the property line. I also do not object to his renovation including a second story that is in vertical line with the current Southern footprint of the existing structure. I trust the above will suffice. If not, please let me know what else you need to solve the concerns of the Town. I will be more than happy to review whatever is needed. Very truly yours, John Abbott 8630 Peconic Bay Blvd Laurel N.Y. 11948 (Mail address: P.O. Box 167) Mattituck NY 11952) <20041222Cogg i n ReWarns> s 4PA),ok (J ) William C. Goggins PH(631) 298-4200 Attorney at Law FX(631) 298-4214 13105 Main Road P.O. Box 65 Mattituck N.Y. 11952 January 28, 2005 Re: Peter Warns 126-5-2.001 8740 Peconic Bay Blvd. Laurel N.Y. Dear Bill: With reference to your letter to me dated December 9, 2004, please note the following: I, James Abbott, owner of the property directly to the East of Peter Warns, do not object to Mr. Warns renovating the existing structure so long as it maintains the current distance from the west property line. I also do not object to his renovation including a second story that is in vertical line with the current southern footprint of the existing structure. I trust the above will suffice. If not, please let me know what else you need to solve the concerns of the Town. I will be more than happy)o review whatever is needed. Please note that my mailing address of Box),66 is very similar to that of my brother John's, Box 167. ViTry truly yours, James Abbott 8810 Peconic Bay Blvd Laurel N.Y. 11948 (Mail address: P.O. Box 156'j' Mattituck NY 11952) <20050128jamesCogginReWarns> ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the matter of the application of Peter Warns, AFFIDAVIT OF SIGN POSTING SCTM NO. 1000-26.00-05.00-002.001 STATE OF NEW YORK) )ss: COUNTY OF SUFFOLK) William C. Goggins residing at New Suffolk, New York, being duly sworn deposes and says that: On the 18th day of February, 2005, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon the applicants' property, located ten (10) feet or closer from the street or right-of-way. I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be March 3, 2005. (L4t William C. Goggin Sworn to before me this 3i- day of March, 2005 ELAINE T.VILLANO • Notary Public,State of NOW York County V i CiCn�iii C' cL� �/ Notary Public U *near the entrance or driveway entrance of my property, as the area most visible to passerby. • f� ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the matter of the application of Peter Warns, AFFIDAVIT OF MAILINGS SCTM NO. 1000-126.00-05.00-002.001 STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK) ELAINE T. VILLANO, residing at Mattituck, New York, being duly sworn deposes and says: ONE: On February 16, 2005, I personally mailed at the United States Post Office located at Love Lane, Mattituck, New York, by certified mail, return receipt requested, a true copy of the attached Legal Notice, Cover letter and survey in postage prepaid envelopes addressed to the current owners shown on the current assessment roll verified from the official records on file at the Southold Town Office of the Board of Assessors for every property which abuts and is across a public and private street, or vehicular right of way of record surrounding the applicants property, of which a copy of the mailing is attached hereto and made a part hereof as Exhibit A. TWO: Copies of the cover letters to the surrounding property owners with the attached certified mailing receipts are attached hereto and made a part hereof as Exhibit B. a' ELAINE T. VILLANO w rn to before me this "'7 da of March, 005 IA Notary Public I,1''12 C � uaS Cal. . = ,;3'131.1,c,240 /) r February 16, 2005 Southold Town Zoning Board of Appeals 53095 Main Road Southold, New York 11971 Attn: Ms. Linda Kowalski Re: Peter Warns; SCTM No. 1000-126.00-05.00-002.001 Dear: 1) 1000-126.00-05.00-003.001 James Abbott 138 Rockaway Avenue Garden City; New York 11530 2) 1000-126.00-05.00-001.000 John Abbott P.O. Box 167 Mattituck, New York 11952 3) 1000-126.00-04.00-014.000 Edward McCrain and Mary McCrain 90 McKinley Avenue Albertson, New York 11507 Please be advised that the above applicant has applied for a variance before the Zoning Board of Appeals. Enclosed please find the Legal Notice and Survey. If you have any questions regarding the application, please do not hesitate to contact the undersigned. Thank you. Very truly yours, William C. Goggins WCG\ enclosures U.S. Postal ServiceTM 1-r7 CERTIFIED MAIL. RECEIPT co (Domestic Mail Only;No Insurance Coverage Provided) IT' For delivery information visit our website at www usps come irl fur A � I i rl 6-' it;Eli a -- . r9Postage $ 0.37 t' IT ID: tY UOQ N O ettified Fee 2.30 9 n- O j0 Return Reciept Fee i estmark (Endorsement Required) / 0 Restricted Delivery Fee ►_. • .ii: Ln (Endorsement Required) M a 4.42 02/16/05 Total Postage&Fees $ =- LUc-r 11s 0 s° nt T_ /�/(�' N0 Street;Apt N .e.1 LA's" "'.fit 13s- koco9w ghcp orPOBoxNo. bQ� may] City,State,Zl- /( /I�/1l♦ �57�i PS Form 3800 J. n '0 U.S. Postal ServlceTM ` T CERTIFIED MAILTM RECEIPT ED (Domestic Mail Only;No Insurance Coverage Provided) For deliveryinformation visit our website at www.usps.come® ruHA R ,, g1 2 A P, E r9 Postage $ 0.60 UNI I16 DO Certified Fee 2.30 srn etum Reclept Fee ,Postmark (End rsement Required) =Ain Here CO 0 Restricted Delivery Fee erk: KU8KJ a Ln (Endorsement Required) ,i GJ M J 1 r9 Total Postage&Fees $ 4.65 V),. + i p :::t ; r '�'`�7c��c. orPO Box-No. P )_+•8 /7 City,State,ZIP+4_—"-'L.1 , ----0-----, --(? PS Form 3800,June 2002 v J tl - " See Cor in�Cruclions; U.S. Postal ServiceTM Ir CERTIFIED MAILTM RECEIPT LrIca (Domestic Mail Only;No Insurance Coverage Provided) IT For delivery information visit our website at www.usps.come rmu ( T ela Iiif A L _ , q '1 Postage $ 0.37 11-2 r1. J Certified Fee 2.30 >/ o- ci w 0 Retu Reciept Fee ' Here k D (Endorsement Required) Here' 0 Restricted Delivery Fee lark: KVDB Ln (Endorsement Required) ti m 4.42 0� W ra Total Postage&Fees $ �. 0 Sent To r� Street,Apt.No.; „/� //// or PO Box No. ��_ 1.e. 1K.__. City,State,ZIP+4, , ___-_.,_ Ad ,! „it/PS Form 3800,June 2002 ' ( See Reverse for Instructions, SENDER: COMPLETE THIS SECTION '^•MPLETE THIS SECTION ON DELIVERY . Iii i'-,... . s. • Complete items 1,2,and 3.Also complete -,___./Sig ature item 4 if Restrictedaman Delivery ondere 0 Agent ■ Print your name and'address on the reverse X �C��.P._.- 7: 0 Addressee so that we can return'the card to you. B. Received by(Punted Name Date o Deliv ry MI Attach this card to the back of the mailpiece, 1 or on the front if space permits. r 7/,,,,X- //// /% //AC. 1. Article Addressed to: D. Is delivery address different from item 1? Yes If YES,enter delivery address below: 0 No .V al 446,E iiv:,,'r ,...,/ / 3. Service Type (9 a /0 V ❑Certified Mail 0 Express Mail % t/�/V ❑Registered 0 Return Receipt for Merchandise /`j ❑Insured Mail 0 C.O.D. � nS ! / V 4. Restricted Delivery?(Extra Fee) ❑Yes 2. ArTranNumber ' 7004 1350 0000 1125 9835 - (Transfer from service IaL PS Form 3811,February 2004 Domestic Return Receipt `` 102595-02-M-1540r f SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY , ' ■ Complete items 1,2,and 3.Also complete A. Si. -ture item 4 if Restricted Delivery is desired. x 0/ ❑ ',, ■ Print your name and address on the reverse a Addressee so that we can return the card to you. ceived by(Printed Name) CV) a of Delivery II Attach this card to the back of the mailpiece, O'er or on the front if space permits. `� GJ 1. Article Addressed to D. Is delivery address different from item 1? ❑�Yess 4f YES,enter delivery address below: ao /91,-0, Sg6 1/; 7 , ni8� ,�( � 3. Service Type !r`' 0 Certified Mail 0 Express Mail C /�s---0_, � ❑Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 1 U{. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number,' ! i ` '°` 0 0 4 !13 5 0 0 Oil, (Transfer from la 'service1'12 s.'984-2- 9 8'4 2 r PS Form 3811,February 2004 Domestic Return Receipt 102595-021M-1540 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 i- ,] Z'`i 0 Agent j • Print your name and address on the reverse ❑Addressee r so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, I or on th front if space permits. d'T D. Is deliveryaddress different from item 1? ❑Yes • Reerdik 9i- 1. Article Ad ressed to: If YES,enter deliveryaddress below: ❑No .. fa- 11I//3� 1° y �erati �� / o7 3. Service Type c� / ❑Certified Mail 0 Express Mail ❑ Registered ❑-Return Receipt for Merchandise \n �j H../) 0 Insured Mail 0 C.O.D. \J� 4. Restricted Delivery?(Extra Fee) 0 Yes ' 2. Article Number n i i r — —— — — i (tran'sferfromservicelabe 7004 1350 0000 1125 9859 PS Form 3811,February 2004_ Domestic Return Receipt 102595-02-M-1540( . 4. vu ''` ?--t�EE�Gry+ALlNOT4+I;C1� .`c. . ,Y.••ISOUP10 tDf LO,,a .'t,) `o`°,°BO RD.�OF APPEAL'S.`':;,: 4 T iJ`,,�SD1'Ay RC l 3, ti %�'T',!;%r" y"=' RA ..i',rA',#,�.+irp...l.• 0057...;,x: -': c, ' 'f:•NP-7 .,p ,1:11101-44:130,,Ysr iSect ofl " COUNTY OF SUFFOLK ,oursq"-Sscrio "r-r,F T"� e. d,:Gha tex NEW YORK - �1�e��oF �.Ea �'�a=, .P,..s., . STATE OF ss: f So ,` E ) ode-ooi: g„ pu being duly sworn, :opS"o tholc;:4he,fo`1'owl p ,` Jacqueline M. Dube, , c'�7�gs�, ll�be`;Iie�day�th®.:„�- says that she is the Legal Advertising ' "at t. n' .° of the Traveler Watchman, 30 `o 044:`,11:111i:, Coordinator, .QF APP ;at°.,. . S, N� a�� �.,;. � Bax a public newspaper printed at Southold, v ,, e- ork elfl79;;5',00 old,;",. N- - - Cour ' ori ay in Suffolk County; and that the notice of „.�s4�;•9 _,..,. �--. ..,., has 'Iv 4011 ; � 0 5; ','4. ez,xi70's which the annexed is a printed copy, ' Traveler ;note; be 0,Niaisi ass:-$ti ip re, in said 9 �r-,=r,� ,: f." been published V;=aftex,as pbssib-ii. ,, ; tea; a Y�,30��$,��;; ;i�and;';M;�i�KC?S�,, Watchman once each week �:, ,. T=A 1/20 PH 6:�i;.' Ca over_ � � ''`� aolyari, for. .week(s) ../ successively, '�frncefo'04[d Ore}de;� and van; I ' rakes;-=,4:004pro 50Od additlains;at- commencing on the day of 4—ari `Aqua 1-Z-2,-ve.fuer�iast ��( the , 2005. -.IVlario�',-0TM;:2;1�-2`rl'�..�1' 'ixi���- ..... �+�-' l _ AU,CON #5659::0.; hi`s4-is„6ii'-\ `.-�' b� ':p ppeaL re uestii g versale•;_of "� " par�tinent.s , Or-------- lf,, D:ec,eiii,1,5P4AfjP0145Witi&Vif ` Disapr,'ovalP .`conceri ilgs Ada. 1,'4:8,4 est fo ;a"`.Free is",tiifgf Use=,,' I dayof ',,Certificati W;t cciits e ',ry Ibefore use�� he. ' Swo to me t Yr` worfairi ly �velliig „ .4" , 2005.s -treasons-10 clt its :d ,R, te �inl t� . y '.14.1B ,ands dr code,SectiontQ , I 9y....af� z Sv .«., v ���ml - ,L , ..�->„�. c a � � ""�" ; -o:sea"'ori 11�10 AM4ROBERT � ''.c....'�, `uliinit°wr �,�..- � to s -itten xarenie ;..yam",=��_ an.. ��_ ,, 9:45 AM I THE before the coriclusioii Of e. STRONG #5661. Request for a the Building Departiice os So1ithold,CIM 64-2 HEIN ,- Each hearing will Va9i4nce under .Sectionn theBuilding DNisapproval, 1,2once. intice of 2 9:4A.1,based on the Disapproval, concerning new GES-,#5669. 'Request• for a hearing. nn_�1 Al ased on" above. Flier available' December 21, construction that will contain Variance under Sections 100- start earlierdaregna ai bpi ,xT,thnnt _3QQ; 4review g able' Department'so`�w_ I,I, ;a,•i; �y rSeptember 24, 2004 Notice of` review d you regular have q uestii ing a pr E`erp royal, amended' -pleasehourdo' not hesitate to Notice of Disapproval concern- use establish a Bed and Breakfast nc denDisapproval,p (631)7If your. December 23,2004, concerning� / 2005 ad a proposed second-story as o accessory ro osed additions/alterations concerning Ded:February", addition which wille constituteof non- with up the o a maximum of-five rop h will increase alt degreeons BOARD OF APPEa increase in the withdegr est bedrooms`.for lodgingRUTH D. OLIVA,2005 WON less than 35 a setbackhat (5)n serving of breakfast to'.not ed atof o lessothan 40 feet from the! less than 35 feet from the front n more thanten (10) casual, tran- , line.Also the new By Linda Kow Ave,Gr line, CTM 41-1-35.t1X 2/17/05 Ae,9:55 AM oPWARNS Pent roomers.100 Main Road,East construction will create a new 8 A e PETER WARNS Marion CTM 3146 1�6tT li nonconformance when located- under Request for Variances 1035 ' aid ,with combined side yard CLA'tJDIO "( inda backs at less than 35 feet,at 595._ under Sections 100-244, b 100- "'' l on LIAM M JP'- C%"`'" V'' ' 'the and e basedmt' Southold; the Building Department's. -Braider,Owner)#5655.Request North Parish- Drive, - 2004 Notice of for a Variance under Section CTM 701-1-6AM WILLIAM September 20, pro- 100-32, based on the Building Disadproval concerning' 2004 -ARCHER #5654.Dapartmenhe ptheh degree_ with an increase NoticeDepartof Disapproval;s mconcern- Building September 2004 �of int's degree-than nonconfor- Notice ts 1 and 2 with Sep ber29,citing Sections Notice of' mance at less than 1 t ft. ulk- leg proposed ft:-n size and less 100-243A and 100-31A, v�- side'and less 75 ft, to bulk- fess than the code required� Disapproval, head; atr 8740 Peconic Bay 80than 2500 sq. ain thisro reed second-story constructt Boulevard,Laurel; CTM 126-5- than sed new division hof land. a p opo ed Seco requested he 2.1• RYAN and Location of Property: 1960 Gull tion. STEVEN00 AM DAWN this ore MER #5664. PondLane,Greenport;CTM 35- disapproval is that there is more KRAME3-R consisting than one dwelling onr 5.9Point). Request for Variances', 100-24u,andcler ft T (formerlyM 12.6 and 81,913 sq• acre lotn of Property: 50 . 100-244 ,, - based ed - onA,the 123Zoneesidents l R80.,_ Jackson Street, PNewrop Suffolk; Building' based , November Departments '10:ce 'of 45 Aand ELIZABETHMEELO CTM 1'6AM4. MATTI- Disapproval, 1, 2004 am amended GUIDOLI#5666.Request for a INC.#5 CDR RequestT for Disapproval, -_ December 29, 2004, concerning Variance under Section 100- TUCK, 6, 2005 atiOfl proposed addition with alter- dDepartment'sbased Oc ober Department's January nuar, 6,Building005 rasa to existing accessory Building in an as-built-living area cern- garage which will mcrease the 5, 2004 Notice of Disapproval, Notice P�. hich setreebacks s nonconformance,with amendedrvi December-pproposed porch has been deemed as aes�oed nd setbacks at less than five(5)feet concerning, P P unit, a non-permitted from'the side lot line and less addition; for the reason:th�at the dwelling than 40 feet1from the front Lane,lot new degree ere ruction will increase use under Zoning Code Section of nonconformance 100-30A.2,at 185 Stanley nley Road, line, at 165 Bungalow the gr Mattituck;CTM 123-3-4.1. with a front yard setback at less Mattituc ; FRANCES A. 10:05 AM ALFRED exceeding the codelot limit tion of e Z 11:55 AMes FRANCES S A. GLORIA for a VarianceLLO#5660. at 230. Vincent Street, KESTLER,Request 00 a ednnthe e Orient;20CTM 25-3-14. 'Request for a Variance under Building 100-244 based tinent s 10 50 AM FRANK MAR- Section 100-72 based on the g 2004 Notice of TORANA#5650. Request for a Building Department's Januar November 3, pro- Variance under Section 100- 14,2005 Notice of Disapproval,Disapproval concerning a based on the Building amended February posed new dwelling,existingg Department's 2004 cerning proposed alterations and con- demolishing the Department's July 29, latform addition dwelling, with less than 35 feet Notice of Disapproval,amended handicap p from the front lot line and lot October 13, 2004, concerning a which will be less than 50 feet coverage of less from the nt lot line, at 11535 matioexceeding0%, the code than 35dnew fee fromethegfrfront lot Main Roado(an Pacific TM Zee), smitatio t of 20%, on this 7,160 than sq..ft. lot, at 165 Walnut Place, line,after demolishing the exist- Mattituck; -"Ara •-•7 t \\ZONING BOARD OF APPEA �"'a~�MAILING ADDRESS an ! P q(,CE OF HEARINGS: 53095 Main Road, Town Hall Building, :d. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: North Fork Bank Building, 1st Floor 54375 Main Road at Youngs Avenue, Southold Februaryol, 2005 Re: Chapter 58— Public Notices for Thursday, March 3, 2005 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before FEBRUARY 141h: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone • number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall (631 765-1937) and the County Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned.to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND by FEBRUARY 141h please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and return it with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2) By FEBRUARY 23rd: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for at least seven (7) days and kept in place till the hearing date. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please also deliver your Affidavit of Posting at the meeting (or earlier if possible). If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. • Very truly yours, Zoning Appeals Board and Staff Ends. 1 µ� ,�g�FFOLK�,G APPEALS BOARD MEMBERS ,r4p O Southold Town Hall Gerard P.Goehnnger,Chairman 1 y ,? ; 53095 Main Road S 40 5 Q Serge Doyen,Jr. 0 •uO '` ++ P.O. Box 1179 �wv C1 James Dinizio,Jr. = 44, �a0�,�' Southold,New York 11971 Robert A.Villa 1 ,,0 Fax(516)765-1823 Richard C.Wilton - Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. No. 4264. ACTION OF THE BOARD OF APPEALS Upon Application of JAMES and MARY ANN ABBOTT. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3.for approval of proposed lot-line change between two existing substd'ndard parcels,- which as modified will contain insufficient lot area and width (with no increase in dwelling density.) Location of Property: 8740 and 8810 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcels No. 1000-126-5-Lots 2 and 3. WHEREAS, an application was made to the Building Inspector for permission to change lot lines and a Notice of Disapproval was issued on August 11, 1994 by the Building Inspector on the grounds that under Article IIIA, Section 100-30A.3, the lots will each have insufficient width and area as re-divided; and WHEREAS, on August 11, 1994, this area application concerning lot area and width for each of the two parcels was filed together with a single-and-separate search prepared by Commonweath Land Title Insurance Company; and WHEREAS, after due notice, a public hearing was held by the Board of Appeals on September 7, 1994, at which time all those who desired to be heard were heard and their testimony recorded (and no opposition was submitted); WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. This is an application concerning two parcels of land, each as more particularly shown on the June 24, 1994 survey map prepared by Roderick VanTuyl, P.C. from which the following information was obtained: ,I j- • /r'\ Page 2 - Appeal No. 42a4 ` Decision Rendered September 7, 1994 Matter of JAMES and MARY ANN ABBOTT • a) Parcel 1 consists of a total lot area of 27,750 sq. ft., as exists, and is referred to as Tax Map Number 1000-126-5-3 as conveyed April 1, 1980 to James M. and Maryann Abbott; b) Parcel 2 consists of a lot area of 35,090 sq. ft. as exists, and is presently referred to as County Tax Map Number 1000-126-5-2 as conveyed January 9, 1922 to Warren B. Thompson • (last record owner shown on title search). 2. By this variance application, appellants are requesting permission to re-draw the center division line as shown on the Sketch Map prepared by William It. Simmons III, licensed land surveyor, March 2, 1993 and amended June 25, 1994, which shows: a) Parcel 1 will change from 27,750 sq. ft. to 32,190 sq. ft. of area, and from 50.03 feet to 75.30 feet in lot width; b) Parcel 2 will change from 35,090 sq. ft. to 31,450 sq. ft. in area, and from 100 feet to 75 feet in lot width; 3. This property is located in the R-40 Low-Density Residential Zone District which requires 40,000 sq. ft. of lot area per new lot to be created (Article III, Section 100-30A.3, Bulk Schedule applicable to the R-40 Zone District). Since the two lots are substandard in size as exist (before this proposed change in the lot division line), an area variance is required to reduce the lot area of one - while at the same time increasing the lot area of the other. A single-and-separate search was submitted to show that these two lots were existing in single and separate ownership since prior to enactment of one-acre zoning in 1971. Each of the two lots is improved. 4. The percentage of relief sought by this application is zero for the reason that there is merely an exchange in lot size between Lot 1 and Lot 2 - without any other conveyance or split, and there is no increase in density or affect on the total area of the lots (combined total). 5. In considering this application, the Board also finds and determines: (a) the relief as granted is not substantial in relation to lots established in the close vicinity of this property and does not create increased lot density; (b) the circumstances are uniquely related to the property and there is no method feasible for appellant to pursue other than a variance; Page 3 - Appeal No. 44.4 "l Decision Rendered September 7, 1994 Matter of JAMES and MARY ANN ABBOTT (c) the relief requested will not cause a substantial effect on available governmental facilities; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (e) the relief sought by applicant cannot be achieved by a method other than an area variance; (f) the proposed variance will not have an'adverse effect or impact on the physical or environmental conditions in this neighborhood or zone district - the new location of the division line is for record purposes and is not visible to the lands; (g) the difficulty is related to the uniqueness of the property and is not self-created; (h) the relief requested is the minimum necessary to afford relief; (i) in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by the grant of the variances requested. Accordingly, on motion by Chairman Goehringer, seconded by Members Villa and Dinizio, it•was RESOLVED, to GRANT the relief as requested under Appeal No. 4264 (and described above) in this re-adjustment of lot lines for two substandard parcels, shown as Lot 1 and Lot 2 on the survey map prepared by William R. Simmons III amended June 25, 1994 (originally surveyed March 2, 1993). Vote of the Board: Ayes: Messrs. Doyen, Goebringer, Dinizio, and Villa. (Member Wilton was absent.) This resolution was duly adopted. * * RECEIVED AND FILET BYE THE SOUTHOLD TOW ' . GERARD P. GOERR GER, C • RMAN Town Clerk Town cf 'c i' iii , ..�.„.w....,..._e z...............�„ _. 4 ,J .. `, i, :,1- ',.. : ._, , Town...oUb ti o.ld ~4614° : , AName -O Tax`Maf ,;:QT File No. i'i.II--E;i17' s . ---,-7-:-;---:--:---- „a-. :._: W .R, pp' p - f= Board Member , Gerard P. Goehringer ,a i I 5't'.��.11nliste p .k - . • , :.,�, ,--------_.__ . , � ,: �� Search: ; i E Other '`Hearing:Time�s 10:18�14M File Number 5658 _ Tax Map:f1-2-67-572:17-11 , l . `lA . Name' WARNS PETER 1 fi'.. • j pp:. „Received.Date•. 2/1:5/0,41.Tot. Fees. .,$600;00 a,,_ ri , -yam i.. �Hamiet' :Laurel Type: [Residential 1,Zone: R-40__ 1 rd , ,. D"ate forwarded ed to Town Clerk 12/22/04j [:Status:. New Action.l i , Meeting'Dates ' € , Building Dept.; . ` 18740 Y _ Bay � ; Meeting Date = 2/24/05 E ND Date- 9/20/04�t a�_.: Location;: 8740 Peconic Blvd. i _ _.__f', , I.Short 100-242A,"100-239.46,^ Hearing-Date,1. 2/24/051 ND'Date 2 r 3i 100-244. Additions and alts. �:# 1Desc : ''. With increase in degree of nonconformance at less i t'•Hearing-Date:2 _- �, ND Date 3E 1 � . Hearing E . e . - , COPY ij. than 15 ft. min. side, less than 75 ft. to bulkhead on k i • ' I,,, �,., •-1 ,; .1.45.0_s. .lot, ring.Date'3 ND Date 4� - i i - _ - i Hearing-Date 4 ND.Date 5 .. i (Notes- ..1• Hearing-Date-5 � ,ND Date 6 i Action bate: ND Date 7 i ry[{�... 'sV^�' ar 2"..,.m.^. "-• ..AtF ,-xiv _ .......... ' . ...... � F :.«.'i F�t..m»..r. v - r i i 12/23/04 10 24 A CAPS, NUM k Developed bythe Southold Town Data`Proeessiri D.e artrrient� ' NCTIEOFHEARING A public hearing will be held by the Southold Town Appeals Board at Town Hall, 53095 Main Road , Southold, concerning this property APPLICANT PETER WARNS #5658 TAX MAP ID: 126-5-2 . 1 REQUEST: VARIANCES FOR ADDITIONS PROJECT: SIDE & BULKH AD SETBACKS DATE/TIME : THURS. , MARCH 3"1-- 9 : 55 A. M . If you are interested in this project, you may review the Town file(s) prior to the hearing on business days between the hours of 8am and 3pm . Z(M ' IFG VAR') oF SnUTHoLD 631 765 1809